Supreme Court: NGT Should Not Strictly Apply Rigors of Code of Civil Procedure When Citizen Complains

Supreme Court: NGT Should Not Strictly Apply Rigors of Code of Civil Procedure When Citizen Complains

Remits the matter back, holding that the green tribunal had not done its duty

The Supreme Court has expressed dissatisfaction with the approach of the National Green Tribunal (NGT) wherein it dismissed an application that alleged a waterbody/pond was being filled up. The tribunal had rejected it without holding any inquiry and decided on the findings based on certain photographs.

The bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan stated that when a citizen approaches the NGT with a grievance that a water body was being filled in, a different approach is expected from the green tribunal. It was not supposed to strictly apply the rigors of the Code of Civil Procedure, 1908.

The Judges held, “It is not supposed to apply the strict yardsticks which are applied by the Code of Civil Procedure, 1908 to the pleadings of the parties. In any case, without holding any inquiry, only by recording prima facie finding that no case for interference has been made out, the NGT has summarily dismissed the original application filed by the appellant.”

The appellant had filed photographs along with his application. The NGT, in its impugned order, stated that the photographs did not show it was a waterbody since no water was visible.

The Apex Court asserted, “If a water body is already filled, obviously from the photographs, water cannot be seen.”

While holding that the green tribunal had not done its duty, the Court remitted the matter back to it for resolution. It also asked the NGT to conduct a fresh inquiry into the application.

However, the bench clarified that the Court’s observations were only limited to the remand order. It should not be understood as the findings of the Court.