NGT Lacks Authority in Matters Pertaining to Coastal Aquaculture Authority Act, Says Court; Upholds Natural Justice Principles
In a significant judgment, the Madras High Court has annulled an order passed by the National Green Tribunal (NGT), Southern Zone, citing jurisdictional overreach concerning matters governed by the Coastal Aquaculture Authority Act, 2005. The Court highlighted that the Coastal Aquaculture Authority Act is not included in the schedule of the National Green Tribunal Act, 2010, thereby making the NGT's assumption of jurisdiction invalid.
The division bench comprising Dr. Anita Sumanth and C. Kumarappan, JJ., ruled in favor of the petitioners, M/s Golden Marine Harvest and M/s Genesis Prawn Hatchery, who were aggrieved by the NGT's order dated September 29, 2022. The petitioners had contended that the NGT's directives, which included obtaining approvals under the Coastal Regulation Zone (CRZ) Notifications and remitting compensation for environmental restoration, violated principles of natural justice as they were issued without providing them an opportunity to be heard.
The Court emphasized the necessity for adhering to the principles of natural justice, stating that affected parties must be given adequate notice and opportunity to present their case before adverse orders are issued. The failure to do so was identified as a violation, warranting the setting aside of the impugned order.
Furthermore, the judgment addressed the interplay between the Coastal Aquaculture Authority Act and other environmental laws, leaving open the question of whether coastal aquaculture units require approval under the CRZ Notifications. The High Court, recognizing the importance of the issue on coastal environmental protection, decided to address it suo moto and issued notices to relevant parties for further deliberation.
The Court also dismissed the maintainability challenge posed by the respondents, which argued that the petitioners should have sought recourse through statutory appeals under Section 22 of the NGT Act before the Supreme Court. Instead, the Court asserted its jurisdiction under Article 226 of the Constitution to adjudicate the matter.
This decision marks a reaffirmation of the limitations on the NGT's jurisdiction, restricting it to enactments listed in its schedule, and underscores the imperative of following due process in environmental adjudications.
Bottom line:-
National Green Tribunal cannot assume jurisdiction over matters falling under enactments not listed in the Schedule to the National Green Tribunal Act, 2010. Principles of natural justice must be adhered to, and affected parties should be heard before adverse orders are issued.
Statutory provision(s): National Green Tribunal Act, 2010, Coastal Aquaculture Authority Act, 2005, Environmental Protection Act, 1986, Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981
Golden Marine Harvest v. National Green Tribunal, (Madras)(DB) : Law Finder Doc id # 2911836
