In a significant ruling, the High Court has chosen not to delve into the substantive issues surrounding allegations of pollution and the validity of the Sewage Treatment Plant (STP) on its merits. Instead, the court focused on procedural fairness, emphasizing that the Ministry of Environment and Greenery (MEG) was not afforded the opportunity to present its case during the previous National Green Tribunal (NGT) hearings.
The High Court highlighted that the appellants, associated with MEG, were not parties to the NGT proceedings, which meant they never had a chance to defend themselves or contest the conclusions reached by the Tribunal regarding their liability to pay compensation. The court underscored that this lack of opportunity undermined their rights, stating, “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.”
In light of these considerations, the High Court determined that the NGT’s order should be set aside. However, it took a proactive step by directing MEG to deposit ₹1 crore with the Karnataka State Pollution Control Board. This action is contingent on the results of the new proceedings that are set to take place before the NGT, indicating that the court is seeking to ensure compliance and accountability while also safeguarding the rights of the appellants as they prepare to re-enter legal discussions surrounding the claims of pollution and compensation.
