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Supreme Court pulls up NGT for passing ex-parte orders, says Tribunal has to comply with due process

The observations came in a verdict setting aside two ex-parte NGT orders that suo motu held the appellants guilty of pollution and directed them to pay compensation.

The appellants were proprietors of a project in Delhi. A Joint Committee had visited the site and held them liable for a worker’s death under the Employees Compensation Act.

They were found to be operating without statutory consents and safety precautions.

The Supreme Court observed that the appellants clearly did not have a full opportunity to contest the matter and place their defence.

The top court, thus, quashed the orders and remanded the matter back to the NGT to decide the matter afresh after issuing notice to all the affected parties and hearing them.

“We make it clear that this order does not deal with the merits of the matter and the actions of those guilty of statutory and environmental violation will have to be subject to strict scrutiny and legal consequences,” the apex court clarified.

Source: Barandbench

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