The Karnataka High Court recently set aside the fine of ₹2.9 crore imposed by the National Green Tribunal (NGT) on Madras Engineering Group (MEG), an engineering group of the Indian Army based in Bengaluru..The fine was imposed by NGT over alleged failure by MEG to comply with Sewage Treatment Plant (STP) discharge standard norms.A Bench of Chief Justice NV Anjaria and Justice KV Aravind set aside the ex parte direction passed by the NGT after noting that the order was passed without giving a hearing to MEG and this violated the principles of natural justice. Therefore, it remitted the matter back to the NGT and directed the tribunal to reconsider and decide the matter afresh. "The setting aside of the order and the finding imposing the environmental compensation on the appellant (MEG) are on the sole ground that they are passed without affording an opportunity of hearing to the appellant and thus, in breach of principles of natural justice," the Court said in its order of November 26. .The NGT had passed its order imposing the compensation amount on MEG after holding it liable for polluting a lake in the city. The NGT proceedings had been taken up suo motu based on a news report that was published in 2016. However, MEG challenged the order before the High Court arguing that it had not been party to the suo motu proceedings and were only made aware of the same when an NGT-appointed Committee arrived for an inspection. It also disputed the allegations of causing pollution and of its Sewage Treatment Plant not having mandatory permissions..The High Court decided to refrain from examining the issue of alleged pollution and the STP's validity on merits. However, it said that since MEG was not heard, the NGT order was liable to be set aside."Not only that the appellants were not party to the proceedings before the NGT, they had never an opportunity to put forward their rebuttal or the case in defence to the finding and conclusion by the NGT about their liability to pay the compensation. Even if the appellants could be attributed with the knowledge of the proceedings before the Tribunal, when they were not given opportunity to put forward their case and that they were not heard, their right to challenge the finding and the decision could be said to be remaining alive to be exercised in court of law," the High Court said.However, it directed MEG to deposit a sum of ₹1 crore with the Karnataka State Pollution Control Board subject to the outcome of the fresh proceedings before the NGT..[Read Order]
