The National Green Tribunal disposed of a review application seeking quashing of an order constituting a joint committee to ascertain facts in a pollution case, holding that no immediate hearing was required before fact-finding.
Review application dismissed as no merit found.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No. 15
Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
R.A. No. 4/2024 In
Original Application No. 165/2024
A.R. Sharma
Applicant
Versus
State of Punjab & Ors.
Respondent(s)
Date of hearing: 01.05.2024
CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Ms. Eshna Kumar & Mr. Lakshmi Kant Srivastava, Advs. for Review Applicant (M/s A.P. Refinery Pvt. Ltd.)
Respondent: Mr. A.R. Takkar, Ms. Unnati Anand & Mr. Manan Takkar, Advs. for R - 1 Ms. Richa Kapoor & Ms. Atika Singh, Advs. for PPCB (Through VC)
ORDER
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any order of the Tribunal and even otherwise, the report is based upon the inspection conducted on 06.07.2023. If any such report exist, then the review applicant can always place reliance upon the same while opposing the OA but that does not furnish a ground to seek review.
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Pollution Control Board & Ors. In that case, Tribunal had held the appellant before the Hon’ble Supreme Court guilty and directed payment of compensation and had also dismissed the review petition and before the Hon’ble Supreme Court allegation was that the appellant was not heard in that process. Therefore, Hon’ble Supreme Court had held as under:-
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Prakash Shrivastava, CP
Dr. A. Senthil Vel, EM
Dr. Afroz Ahmad, EM
May 01, 2024 R.A. No. 4/2024 JG.
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2 issues framed by the court
Whether constitution of a joint committee to ascertain facts violates principles of natural justice by not hearing the review applicant.
Whether a Tribunal can rely upon an expert committee report without prior disclosure to parties.
Colour shows how this judgement treated each authority
Singrauli Super Thermal Power Station v. Ashwani Kumar Dubey & Ors.Distinguished¶29
Singrauli Super Thermal Power Station v. Ashwani Kumar Dubey & Ors. (2023) 8 SCC 35 · Who else cites this
Veena Gupta & Anr. V. Central Pollution Control Board & Ors.Explained¶34
Veena Gupta & Anr. V. Central Pollution Control Board & Ors. (C.A. 1865-1866/2022)
A.R. Sharma
State of Punjab
Prakash Shrivastava
A. Senthil Vel
Afroz Ahmad
As recorded by the court registry
An application asking a tribunal to review its own order.
Judgements on the same questions, provisions and authorities, from every court
