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Supreme Court Slams NGT’s Unilateral Orders, Stresses Procedural Integrity

Balancing Justice and Due Process: Supreme Court’s Rebuke of NGT’s Practices

Delve into the recent Supreme Court judgment lambasting the National Green Tribunal’s (NGT) practice of passing ex parte orders and imposing penalties, emphasizing the necessity for procedural integrity to balance justice and due process.

Key Highlights:

  1. Supreme Court’s Discontent: Voicing dissatisfaction with NGT’s unilateral decision-making and imposition of damages, labeling it as a prevailing norm.
  2. Call for Procedural Integrity: Emphasizing the need for NGT to uphold procedural integrity to ensure a harmonious balance between justice and due process.
  3. Reclamation of Environmental Protection: Urging NGT to re-establish itself as a beacon of environmental protection by avoiding counterproductive practices.
  4. Division Bench’s Endorsement: Justice Aravind Kumar also underscores the importance of procedural integrity in maintaining NGT’s credibility.
  5. Case in Point: Highlighting the case where NGT passed ex parte orders against appellants without issuing notices or allowing full opportunity for contestation.
  6. Supreme Court’s Intervention: Noting the two-year stay on NGT’s orders and ultimately setting them aside while remanding the matter back to the Tribunal.
Image Credit: National Herald

Key Terms/Phrases:

Supreme Court, National Green Tribunal (NGT), Ex Parte Orders, Procedural Integrity, Environmental Protection, Due Process, Division Bench, Appellants, Judicial Intervention.

Key Quotes:

  1. “In its zealous quest for justice, the Tribunal must tread carefully to avoid the oversight of propriety.”
  2. “Only then can it reclaim its standing as a beacon of environmental protection, where well-intentioned endeavors are not simply washed away.”

Also read: Empowering Women: Uttar Pradesh’s Innovative Model to Combat Malnutrition

Key Statements:

  1. “The practice of ex parte orders and the imposition of damages have proven to be a counterproductive force in the broader mission of environmental safeguarding.”
  2. “The Tribunal, in fact, considers it unnecessary to hear the Project Proponent to verify the facts in issue.”

Key Facts/Data:

  1. NGT’s ex parte orders faced stays from the Supreme Court, indicating concerns over procedural fairness.
  2. The Supreme Court’s intervention highlights the necessity for NGT to reevaluate its approach and ensure due process.

Critical Analysis:

This article sheds light on the Supreme Court’s critique of NGT’s unilateral practices, underscoring the importance of procedural integrity in upholding justice and environmental protection. It underscores the need for NGT to reassess its procedures to avoid counterproductive outcomes and maintain its credibility as a guardian of environmental rights.

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