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Supreme Court of India 2023-07-05 allowed

SINGRAULI SUPER THERMAL POWER STATION vs ASHWANI KUMAR DUBEY & ORS

Bench: 2 — B.V. Nagarathna, Prashant Kumar Mishra

In Brief

Singrauli Super Thermal Power Station and others appealed the NGT's orders directing sweeping environmental remediation measures based on expert committee recommendations. The Supreme Court held that the NGT violated principles of natural justice by accepting the committee's recommendations without disclosing them to the respondent industries or providing them an opportunity to object or be heard. The Court clarified that while an NGT-appointed expert committee may assist fact-finding, the adjudicatory decision itself cannot be delegated to the committee—parties must receive the committee report in advance and a fair hearing on its contents. The Court set aside the NGT's order and remanded for reconsideration after affording the appellants proper procedural opportunity.

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Environmental Law Administrative Law Natural Justice Procedural Fairness Expert Committees National Green Tribunal Environmental Adjudication Delegation of Powers

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