Explore the crucial legal analysis conducted by the court regarding notice and hearing rights in impugned orders. This summary focuses on the significance of procedural fairness and the right to be heard in judicial proceedings. Stay tuned for insights into the importance of due process in legal decision-making.
Facts
- The appellants have the option to file a review application before the National Green Tribunal, Southern Zone, Chennai.
- This would allow them to present their stance and case in this matter.
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Arguments
- The appellant, represented by Mr. Kapil Sibal, submitted that the impugned order by the National Green Tribunal, Southern Zone, Chennai, was passed without notice to the appellant and they were not given a chance to be heard.
- The appellant claims to be compliant with the statutory norms.
- The impugned order mentioned arguments made by an association of charcoal manufacturers who were allowed to intervene and present their case before the order was issued.
- Mr. Kapil Sibal, representing the appellant, highlighted that the review application might be barred by limitation.
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Decision
- If the appellant wishes to do so, they can move an application for condonation of delay.
- The application will be considered, taking into account that the appellant has filed the present appeal.
- Permission to file the civil appeal has been granted.
- Review applications, if submitted, will be assessed based on legally permissible grounds.
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Case Title: ULTIMATE V CARBON Vs. THE DISTRICT ENVIRONMENTAL ENGINEER (2021 INSC 504)
Case Number: C.A. No.-005944-005954 / 2021
