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Municipal Corporation of Greater Mumbai v. Ankita Sinha

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 12122-12123 of 2018)Decided 7 Oct 2021
Civil Appeal Nos. 12122-12123 of 2018
Justice A.M. Khanwilkar · Justice Hrishikesh Roy · Justice C.T. Ravikumar

Background

This judgment decides a common legal question but not this appeal itself. The National Green Tribunal took suo motu notice of a media report on illegal waste dumping in Mumbai and ordered the Municipal Corporation of Greater Mumbai to pay Rs. 5 crore in compensation. A batch of appeals raised one question: can the NGT act on its own, without anyone filing an application?

Decision Breakdown

This is not a final judgment in the Corporation's appeal. The Court held that the NGT Act does give the Tribunal suo motu power, subject to the principles of natural justice. It then delinked the tagged appeals so each would be heard on its own facts, and listed them on 25.10.2021 for directions. Whether the Rs. 5 crore order against the Corporation was justified was not decided.

Lesson Learnt

The National Green Tribunal can act on its own motion in environmental matters, but must give the affected parties a fair hearing.

Official source (sci.gov.in)View Judgment (PDF)

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