Case Title: Sanghar Zuber Ismail v. Ministry of Environment, Forests and Climate Change
The National Green Tribunal's adjudicative role cannot be delegated to committees, according to the Supreme Court observation.
The tribunal's discharge of its powers cannot be obviated by tasking committees to carry out a role that vests in it, the bench of Justices DY Chandrachud, MR Shah, and Hima Kohli observed.
An appeal before the NGT, in this case, questioned the issuance of environmental clearance to a project proponent for development of the capacity of its refinery in the petrochemical complex in Vadinar, District Devbhumi Dwarka, Gujarat. The main point of contention was that the extension would have a negative influence on the marine environment, both in terms of mangroves and marine biology. While dismissing the appeal, the NGT noted the project proponent's assertion that all EC criteria would be met, and appropriate mitigation measures would be implemented to protect the safety of mangroves and the marine environment. It also set up a three-member Committee and directed the project proponent to ensure that all required safeguards are implemented, and EC criteria are met.
The Supreme Court noted in its appeal that Section 16(h) of the National Green Tribunal Act 2010 provides that any person aggrieved may file an appeal before the Tribunal challenging an order granting environmental clearance in the area in which any industries, operations, or processes or class of industries, operations, or processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act 1986. The bench emphasised that in this case, the NGT only relied on the project proponent's declaration and did not conduct an independent assessment of the grounds for challenge.
"The specific ground before the NGT was that the expansion of the refinery will cause serious hazards to both the marine biology and to mangroves. The NGT observed that the project was already in existence and there was no continuing grievance against its functioning insofar as environmental norms are concerned. This observation would not conclude the issue as to whether the expansion of the project would have a deleterious impact on the environment", the bench said.
The bench remarked that the NGT had not addressed the substantive grounds of dispute in its appellate authority.