LexKANTHA VIBHAG YUVA KOLI SAMAJ PARIVARTAN TRUST AND OTHERS versus STATE OF GUJARAT AND OTHERS
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A B C D E F G H 1006 SUPREME COURT REPORTS [2022] 1 S.C.R. [2022] 1 S.C.R. 1006 1006 KANTHA VIBHAG YUVA KOLI SAMAJ PARIVARTAN TRUST AND OTHERS v. STATE OF GUJARAT AND OTHERS (Civil Appeal No. 1046 of 2019) JANUARY 21, 2022 [DR. DHANANJAYA Y CHANDRACHUD AND BELA M TRIVEDI, JJ.] Administrative Law – Entrustment of judicial functions to an administrative expert committee – Appellants filed an Original Application (OA) before the Western Zone Bench of the NGT against the dumping of municipal solid waste (MSW) at open landfill site – The OA was being continuously heard by the Western Zone Bench of the NGT and it had already issued significant interim directions – However, Principal Bench (NGT) disposed of the said OA filed by the appellants on the ground that in another OA the NGT had constituted Apex, Regional and State Level Committees to monitor the implementation of the SWM Rules – The OA filed by the appellants was thus closed with liberty to represent the case and ventilate all grievances before the appropriate committee – Whether the Principal Bench of the NGT correctly directed the appellants to now approach one of the Committees set up by it, rather than continue with the proceedings in the OA – Held: The committees are setup because the fact-finding exercise in many matters can be complex, technical and time-consuming, and may often require the committees to conduct field visits – These committees are set up with specific terms of reference outlining their mandate, and their reports have to conform to the mandate – Once these committees submit their final reports to the court/tribunal, it is open to the parties to object to them, which is then adjudicated upon – The role of these expert committees does not substitute the adjudicatory role of the court or tribunal – The NGT cannot abdicate its jurisdiction by entrusting these core adjudicatory functions to administrative expert committees – National Green Tribunal Act, 2010 – ss. 14, 15 and 22 – Municipal Solid Waste (Handling and Management)Rules 2000 – Bio Medical Waste (Management and Handling) Rules 1998. A B C D E F G H 1007 Allowing the appeal, the Court HELD: 1. It is first important to differentiate expert committees which are set by the courts/tribunals from those set up by the Government in exercise of executive powers or under a particular statute. The latter are set up due to their technical expertise in a given area, and their reports are, subject to judicially observed restraints, open to judicial review before courts when decisions are taken solely based upon them. The precedents of this court unanimously note that courts should be circumspect in rejecting the opinion of these committees, unless they find their decision to be manifestly arbitrary or mala fide. On the other hand, courts/tribunals themselves set up expert committees on occasion. These committees are setup because the fact-finding exercise in many matters can be complex, technical and time-consuming, and may often require the committees to conduct field visits. These committees are set up with specific terms of reference outlining their mandate, and their reports have to conform to the mandate. Once these committees submit their final reports to the court/tribunal, it is open to the parties to object to them, which is then adjudicated upon. The role of these expert committees does not substitute the adjudicatory role of the court or tribunal. The role of an expert committee appointed by an adjudicatory forum is only to assist it in the exercise of adjudicatory functions by providing them better data and factual clarity, which is also open to challenge by all concerned parties. Allowing for objections to be raised and considered makes the process fair and participatory for all stakeholders. Sections 14 and Section 15 entrust adjudicatory functions to the NGT. The NGT is a specialized body comprising of judicial and expert members. Judicial members bring to bear their experience in adjudicating cases. On the other hand, expert members bring into the decision-making process scientific knowledge on issues concerning the environment. [Paras 14 & 15][1016-E-G; 1017-C] 2. The NGT cannot abdicate its jurisdiction by entrusting these core adjudicatory functions to administrative expert committees. Expert committees may be appointed to assist the NGT in the performance of its task and as an adjunct to its fact- KANTHA VIBHAG YUVA KOLI SAMAJ PARIVARTAN TRUST v. STATE OF GUJARAT A B C D E F G H
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