oppn parties Supreme Court Questions 'Mechanical' Orders By NGT

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Supreme Court Questions 'Mechanical' Orders By NGT

By A Special Correspondent
First publised on 2022-07-05 08:18:52

While hearing an appeal against the Rs 40cr penalty imposed by the National Green Tribunal (NGT) on a Ghaziabad-based builder for carrying out construction without obtaining the necessary environmental clearances on the recommendation of a committee, the Supreme Court came down heavily on the NGT for passing "mechanical and pre-drafted" orders and relying on the reports of such committees despite Supreme Court guidelines prohibiting so. The apex court stayed the collection of the penalty and said it was extremely "unhappy" at the state of affairs in the NGT, will look into it and pass corrective orders.

The Supreme Court bench that passed the above order comprised of Justices Surya Kant and JB Pardiwala. The NGT is headed by retired Supreme Court judge Justice Adarsh K Goel. An element of controversy has crept into the instant order as Justice Goel, during his tenure as a Supreme Court judge, had vehemently opposed Justice Surya Kant's appointment as the chief justice of the Himachal Pradesh HC from his then position as a judge in the Punjab & Haryana HC. But his objections were overruled and Justice Kant was made the CJ of Himachal Pradesh HC. Is this a case of one judge getting back at another judge?

There are several things which rule this out. For one, the Supreme Court bench that passed the order against the NGT orders includes Justice Pardiwala so Justice Surya Kant was not acting alone. Then, Supreme Court has issued guidelines asking the NGT not to blindly follow the recommendations of committees which the NGT ignored while issuing the order imposing penalty based solely on the recommendation of the committee. The Supreme Court order criticizing the NGT for 'mechanical' orders thus seems genuine.

However, to ensure that everything is fair, the apex court must ensure that conflict of interest is avoided in allotting cases to benches. Supreme Court judges are not expected to bear past grudges in mind when deciding on cases and there is no need to impute motives. Maybe another bench would have given a similar ruling in the instant case. But it is best to avoid even a whiff of conflict of interest when allocating cases.