Supreme Court Remands NGT Order, Permits Amendment and Treats OA as Appeal in Road-Over-Forest Dispute

A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar heard an appeal by Vijay Kumar Padalia challenging the National Green Tribunal (Principal Bench, New Delhi) order which dismissed Original Application No. 522/2018 relating to alleged illegal sanction for construction of a motor road from NH‑87 (now NH‑109)/Dakarauli to Malla Niglat and alleged cutting of forest cover. The appellant had earlier sought reliefs restraining construction and orders to protect trees and forest cover and raised objection to the grant of forest clearance.

The Court allowed the appeal, set aside the impugned NGT order dated 24.10.2018 and remanded the matter to the NGT for fresh consideration. The Supreme Court held that dismissal on procedural grounds had resulted in a "miscarriage of justice" and directed that Original Application No. 522/2018 be treated as an appeal under Section 16 of the National Green Tribunal Act, 2010, while also granting liberty to the appellant to amend the pleading to meet procedural requirements or to file a fresh Original Application under Section 14. The Court directed the NGT to hear the amended appeal and any fresh application together and observed procedural safeguards on limitation and condonation. The Court, in its reasoning, observed: "Having heard learned counsel for the parties, we are of the view that this is a case where there has been miscarriage of justice and technicalities have been overstretched to dismiss and oust the appellant, Vijay Kumar Padalia. Even accepting that the order granting sanction is appealable, the National Green Tribunal, Principal Bench, New Delhi, should have permitted the appellant, Vijay Kumar Padalia, to either amend the Original Application, as filed, or permitted him to file a fresh appeal under Section 16 of the NGT Act. It is quite apparent that the appellant, Vijay Kumar Padalia, had proceeded in terms of and in accord with the language of the order dated 02.08.2018 passed by the NGT itself."

Background The dispute arose after the appellant filed Original Application No. 543/2017 to restrain respondents and state authorities from constructing the motor road and from cutting forest cover; that petition was withdrawn on 02.08.2018 with liberty to file a comprehensive application after the appellant learned of forest clearance. On 09.08.2018 the appellant filed what he believed was a comprehensive petition under Section 14 of the NGT Act, which was registered as Original Application No. 522/2018. The NGT dismissed OA No. 522/2018 on 24.10.2018 on the ground that the order granting sanction was appealable and that the appellant should have filed an appeal under Section 16 rather than proceed under Section 14.

The Supreme Court found that the NGT should have permitted amendment or conversion into an appeal instead of dismissing on technical grounds. The Court remanded the matter, directed that "Original Application No. 522/2018 will be treated as an appeal under Section 16 of the NGT Act, preferred by the appellant, Vijay Kumar Padalia," and granted liberty to amend the pleading to conform with appeal requirements. The appellant was also permitted to file a fresh Original Application under Section 14 within three weeks. The Court noted that issues of limitation could be raised and permitted the appellant to seek condonation of delay, including reliance on Section 14 of the Limitation Act, 1963, and to contend non‑communication of the impugned order as affecting the commencement of limitation. The Supreme Court continued its interim order of 07.12.2018 for two months and left it open to the NGT to modify, vacate or confirm that interim order upon listing. The appeal was allowed and disposed of in the specified terms; the NGT was requested to take up the matter expeditiously.

Case Details: Case No.: CA No. 10989/2018 Case Title: Vijay Kumar Padalia v. State of Uttarakhand & Ors. Appearances: For the Petitioner(s): [Not indicated in the judgment] For the Respondent(s): [Not indicated in the judgment]