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Environmental LawSupreme Court of India

Singrauli Super Thermal Power Station vs Ashwani Kumar Dubey & Ors. (2023 INSC 618)

Civil Appeal · 2023 INSC 618Decided 5 Jul 2023
Civil Appeal No. 3856 of 2022
B.V. Nagarathna · Prashant Kumar Mishra

Background

Several thermal power plants in the Singrauli/Sonebhadra region were directed by the National Green Tribunal to take extensive remedial measures for fly-ash pollution, environmental restoration, and enhanced compensation for deaths linked to an ash-dyke related incident, based on a report and recommendations of an expert committee the NGT itself had constituted. The power companies appealed to the Supreme Court, arguing that the committee's report and recommendations were uploaded on the NGT's website on 15 January 2022 and the NGT passed its final directions just three days later, on 18 January 2022, without giving them any real opportunity to object to or rebut the committee's findings.

Decision Breakdown

The Supreme Court held that although the NGT is a specialized, expert adjudicatory body empowered to constitute expert committees for fact-finding assistance, it cannot delegate its own core adjudicatory function to such a committee, and it must comply with principles of natural justice under Section 19(1) of the NGT Act, 2010. Relying on the "official notice" doctrine and recent precedent (including Hanuman Laxman Aroskar and Madhyamam Broadcasting), the Court held that any expert committee report or material the NGT intends to rely on must be disclosed to affected parties with a genuine and reasonable opportunity to respond before it is used as the basis for directions. Since the appellants were given only three days between the committee's report being uploaded and the NGT's final order, with no chance to file objections or be heard, this was a clear violation of natural justice. The Supreme Court set aside the NGT's order solely on this procedural ground and remanded the matter for reconsideration, permitting the appellants to file objections to the committee's recommendations before a fresh decision.

Lesson Learnt

Even a specialized tribunal with genuine environmental expertise must give affected parties a real and adequate opportunity to see and respond to expert reports before those reports are used as the basis for binding directions: procedural fairness (natural justice) cannot be bypassed even for good substantive reasons like environmental protection.

Singrauli Super Thermal Power Station vs Ashwani Kumar Dubey & Ors. (2023 INSC 618) – Legal Case Shots | LegalAware