Summary
The National Green Tribunal imposed compensation and other directions in suo motu proceedings without first notifying the affected project proponents, then dismissed a review. The Court set both orders aside and remanded the matter for notice and hearing, without expressing any view on the environmental merits.
Issues
- Whether the Tribunal could make an adverse compensation order against affected parties without notice and an opportunity to be heard.
- What relief was appropriate after the Tribunal dismissed the review petition.
Held
- An adverse order imposing compensation and other consequences cannot stand where affected parties were not given a full opportunity to receive notice, present their defences and be heard. (¶¶ 2, 3, 4, 6)
- The Tribunal must issue notice to all necessary parties, hear them in detail and decide the matter afresh without being influenced by its earlier orders; the remand decides no environmental merits. (¶¶ 6, 7)
Result
The appeals were allowed. The Tribunal’s orders dated 31 August 2021 and 26 November 2021 were set aside, and the matter was remanded for notice, hearing and fresh orders.