Karnataka High Court Cancels NGT Decision That Fined Army’s Madras Engineering Group ₹2.9 Crore for Violating Natural Justice Principles.
The Karnataka High Court overturned the National Green Tribunal’s (NGT) decision that imposed an environmental fine of Rs. 2,94,60,000 on the Madras Engineering Group of the Indian Army. The Court was reviewing a Writ Petition that challenged the NGT’s ruling, claiming it was illegal, arbitrary, and violated the Principle of Natural Justice. A Division Bench, led by Chief Justice N.V. Anjaria and Justice K.V. Aravind, stated, “The order is set aside because it was made without giving the appellant a chance to be heard, violating natural justice principles.” The Petitioners were represented by Additional Solicitor General K. Arvind Kamath and Central Government Standing Counsel B. Pramod, while the Respondents were represented by AGA Niloufer Akbar and Advocate A. Mahesh Chowdary.
The Union of India, along with its two branches, M/s. Madras Engineering Group and Centre and M/s. Garrison Engineers (North) Bangalore, both under the Ministry of Defence, filed the Petition. The Madras Engineering Group is a category-B Training establishment capable of training 2,700 Agniveers and 1,500 Soldiers. The Centre had appointed 51 Officers, 267 Junior Commissioned Officers, and 1,093 other ranks. Together with the soldier-trainees, they participated in regular training. Approximately 5,000 employees and trainees lived on the campus with their families, and Garrison Engineers provided housing facilities.
The Petitioners approached the High Court under Article 226 of the Constitution to contest the Order from the National Green Tribunal, Southern Zone, Chennai. This Order was based on a suo motu action triggered by a 2016 news article in ‘The Hindu’ titled “Lake in the heart of Bengaluru City turns graveyard for fish.” The NGT issued an Interim Order, imposing an environmental compensation of Rs. 2,94,60,000/- on the Madras Engineering Group for failing to meet discharge standards in a 100 KLD STP. The High Court observed that it would use its powers under Article 226 in a limited way, particularly regarding the lack of natural justice, since the NGT’s order required the petitioners to pay compensation without giving them a chance to be heard.
The Court noted that the NGT issued an Interim Order and later upheld its decision against the Petitioners, even though the Petitioners had not provided any defense. The Court stated, “The order from the National Green Tribunal Special Bench on May 20, 2022, in Original Application No. 64 of 2015 is overturned regarding the finding that M/s. Madras Engineering Group and Centre, the appellant, contributed to pollution.” However, the Court made it clear that the Petitioners must pay Rs. 1 Crore to the Karnataka State Pollution Control Board. As a result, the High Court partially approved the Petition and sent the case back to the NGT for a fresh review of the environmental compensation issue.
Cause Title: The Union of India & Ors. v. Government of Karnataka & Ors. (Neutral Citation: 2024:KHC:48449-DB)
Appearance:
Petitioners: ASGI K. Aravind Kamath and CGSC B. Pramod.
Respondents: AGA Niloufer Akbar, Advocates Krishika Vaishnav, A. Mahesh Chowdary, and Kiran B.S.
