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Supreme Court of India 2022-01-21 allowed

Kantha Vibhag Yuva Koli Samaj Parivartan Trust and Others vs State of Gujarat and Others

Bench: 2 — D.Y. Chandrachud

In Brief

This case addresses whether the National Green Tribunal can delegate its adjudicatory functions to expert committees. Environmental organizations sought compensation and environmental restoration regarding illegal dumping of unsegregated waste at Surat's landfill. After four years of hearings, the NGT improperly closed the case, directing parties to pursue remedies before an administrative monitoring committee instead. The Supreme Court held that the NGT possesses exclusive adjudicatory authority under the NGT Act to award compensation and restitution. Expert committees can assist with fact-finding but cannot substitute the tribunal's decision-making. The Court set aside the order and restored the case for adjudication by the NGT.

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Environmental Law National Green Tribunal Solid Waste Management Administrative Law Delegation of Powers Judicial Review Environmental Pollution

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