In a recent legal case, the court emphasized the critical importance of procedural integrity in environmental safeguarding. The focus was on upholding fairness and due process in legal proceedings related to environmental violations. This analysis delves into the need for a balanced approach that ensures both justice and adherence to procedural norms for effective environmental protection.
Facts
- The main order arises out of an ex parte order in suo motu proceedings holding the appellants guilty and directing payment of compensation.
- The second order is the dismissal of the review petition filed by the appellant No.2 who alleged no opportunity was given before an adverse order was passed against him.
- It was found that the PP was operating without statutory consents in a non-conforming area without safety precautions, endangering the life and health of others.
- Remedial measures have been suggested for the future to prevent such violations.
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Analysis
- The Tribunal did not issue notices to the Project Proponents, which was noted by the Tribunal itself.
- The Tribunal deemed it unnecessary to hear the Project Proponent to verify the facts in issue based on a Joint Inspection Report.
- The Tribunal’s practice of ex parte orders and imposing substantial damages has been counterproductive in environmental safeguarding.
- Orders issued by the Tribunal have consistently faced stays from the Court
- Efforts put forth by Members, lawyers, and stakeholders have unraveled
- Need for the Tribunal to uphold procedural integrity for justice and due process
- Importance of balance between justice and due process for environmental protection
- Appellants did not have full opportunity to contest the matter before the Tribunal
- Court ordered a stay on the judgment and order passed by the Tribunal
- Necessity to set aside previous orders and remand the matter back to the Tribunal
- Tribunal to issue notices, hear all necessary parties, and pass appropriate orders
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Decision
- This order does not deal with the merits of the matter.
- Actions of those guilty of statutory and environmental violation will face strict scrutiny and legal consequences.
- Civil Appeals are allowed with specified directions.
- Pending applications, if any, shall stand disposed of.
- Further action may be taken by the Statutory Authorities following due process.
- Tribunal should hear the case impartially, without being influenced by past observations.
- Compensation assessed may be recovered, with coercive measures to be taken if not paid within one month.
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Case Title: VEENA GUPTA Vs. CENTRAL POLLUTION CONTROL BOARD (2024 INSC 89)
Case Number: C.A. No.-001865-001866 / 2022
