Received an NGT Notice Why You Should Not Miss the Hearing Date
Your NGT notice is not like other paper on your desk that you can afford to read tomorrow. Whether issued against pollution or your personal matter such as unauthorised construction; dumping of waste; felling of trees; extraction of ground water or even for environmental clearance of your industry or emission of toxic gases etc., NGT notice can affect your home and business.
Clients reading your NGT notice freak out and delay taking action because they don’t understand why they have been named in a notice. That lost time costs you money. If you lose the date of hearing, your reply, records and objections will not be heard. BK Singh makes sure people, business, project owners and organisations treat an NGT notice with urgency and take prompt action well before the date of hearing.
Handling NGT matters:
The National Green Tribunal is a specialised tribunal with jurisdiction over environmental issues disposed of by the tribunal in accordance with the provisions of the National Green Tribunal Act, 2010. The Tribunal shall be bound by the principles of natural justice. It may also require any documents, issue directions, orders or decide on matters at hand expertly and provide interim relief if necessary. Click here to read the NGT Act. Visit NGT website and under Nature Conservation section click National Green Tribunal Act, 2010.
Why is Missing an NGT Hearing Date Such a BIG Problem?
THE NOTICE MAY BE FOR MULTIPLE APPLICATIONS
If you miss an NGT hearing date, you put yourself at risk procedurally from that very moment. Tribunal may observe that "the respondent failed to appear despite being served duly" and pass orders on the basis of documents submitted by applicant/applicant's counsel/representative/regulating agency or other respondents.
One industrial establishment, builder, RWA, Municipal corporation, landowner, contractor or institution missing more than one date can create problems against more than one application.
Environment complaints affect your daily operations, approvals/licenses/grants/contracts, project delays/reputation and even future inspections/complaints..BK Singh analyzes each and every notice with a holistic approach rather than " treating it as another environment complaint" .
Need to know quick facts on NGT Notice
- NGT notice means your case is admitted for hearing/ disposal before NGT in case related to environment law & offenses, environment damage.
- If notice is sent for hearing date, then don't play safe saying notice is not served along with the final order.
- Tribunal can adjudicate a case ex parte, if the respondent/defendant does not appear before the Tribunal after notice is duly served.
- Pollution control boards/ Municipal corporations/project beneficiaries/industries/corporates/homeowners /state government departments etc. can all be parties in NGT suit/ proceedings.
- Section 19 NGT Act, 2010 gives NGT the powers to act and proceed in the same manner as a Civil Court while dealing with the cases mentioned in the section. These powers include but are not limited to asking for documents and adjudicating a case ex parte.
- Notice of Interim Directions can result in serious consequences on the material assets until the case is finally disposed.
- Review of Notice, Annexures, Complaint & impending danger by BK Singh.
Typically, what does an NGT notice mean?
You can be a respondent, Authority or an aggrieved stakeholder.
When you receive an NGT notice, generally speaking the Tribunal wants you to respond to an issue impacting the environment. This can be related to alleged pollution / environmental damage, unauthorized waste disposal / construction activity / failure to abide by conditions of consent / mining operations / ground water extraction / forest related issues / lack of action by an authority etc.
Although receipt of a NGT notice does not mean liability has been established against you, it also does not mean you should say nothing. Advocate BK Singh explains to his clients how to spot the difference between a notice which simply seeks information from you, a notice requiring you to respond, an interim direction being passed by the Tribunal and a hearing where an adverse order may be made.
Which Laws and Principles Matter in an NGT Case?
Environmental claims are decided on the principles of written law. Sometimes civil and criminal laws would apply depending on facts. Since the Tribunal is conferred jurisdiction by NGT Act, 2010 to entertain substantial question relating to environment including questions arising out of the enactments specified in Schedule I to the Act, depending on facts of dispute the matter could also involve Water Act, Air Act, Environment Protection Act, Forest Conservation Act, biodiversity provisions, waste management rules, terms/conditions in environmental clearances and orders / directions of pollution- control boards / committees / authorities. Also apart from these statutes, while deciding the matters the Tribunal also applies the principles of sustainable development, precautionary principle and polluter pays principle.
If required these principles could get attracted even if the party asserting them has caused no harm. Advocate BK Singh guides clients on interplay of allegation and environmental laws/statutes/rules.
Who Can Get an NGT Notice?
The notice may be issued to private persons as well as public authorities.
NGT notices are not limited to large scale industries alone. Notices have been issued against small scale industries/units, residential society/builders, school, hospitals, godowns, hoteliers, mining activities, junk dealers, municipalities /panchayats, RWAs, anyone having interest in the property/activity under dispute etc.
Multiple respondents can be named. While one person is accused of causing harm to the environment directly, another person can be charged with granting clearances or failure to supervise/check/enforce the statutory conditions that were to be followed. BK Singh will guide you as to whom exactly the grievance has been attributed in respect of his client.
What documents become relevant after receiving an NGT notice?
- Read the notice with annexures attached to.
- Notice is only heading of the problem.
- Attachment can be application/photos/survey inspection report/complaint/govt correspondence/expert report/direction/order passed earlier..
- Nobody reads attachments. But the meat of allegation is clearly laid out there.
Documents which have any reference to enviroment clearance,copy of consent order/copies of consent,renewal documents,evidence of compliance,site plan of layout/operation, correspondence/instruction sent for inspection, evidence of waste-disposal/water/air monitoring,copy of permissions granted, correspondence with ULB etc, internal circulars/letters etc. will come to play.BK Singh will guide if documents hold scrutiny or raise eyebrow(s) or point/allege something else.
When Should You Consult Advocate BK Singh?
Review early, step into the next hearing with eyes wide open.
Speak to Advocate BK Singh early. That is, as soon as you receive a notice from NGT, cause-list mention, receipt of inspection report, show cause notice, interim order or an order which is not in your favor. It is also wise to seek an early discussion if a party realizes that it has been made a respondent but has not received any further clarity on what allegation is being made against it.
Its about being aware not about promising a certain outcome. Advocate BK Singh will review the documents you have and provide you with a realistic idea of what is before the Tribunal, what is the relevant record, if the notice was even served properly and what are the potential risks involved of not appearing before the Tribunal.
Why Should You Consult BK Singh Advocate for an NGT Notice?
Notice must be read in legal parlance and should not be open to interpretation
Most of the environmental issues have few common facts embedded in them such as land use, approvals obtained, terms imposed while granting approval, local-body files, records of pollution-control mechanism, representations received by the authorities from public etc. Sometimes a small notice could mean larger consequences than what appears evident.
You can get connected to Advocate BK Singh and avail expert legal advice on scrutiny of NGT notice, analyzing your environment issue and advise you on the legal course to be adopted for proceeding before Tribunal. Every case is different and is analyzed on the facts, documents and the stage of proceedings already taken place before the Tribunal.
NGT FAQs
Q1. Do I have to appear for NGT hearing?
Ans. Tribunal can proceed ex parte and pass order expert if it considers appropriate on the facts and the stage of proceedings after giving reasons for issuance and non-service of notices, if any.
Q2. Will a NGT notice finally lead to an order?
Ans. No. Generally notices are issued to make you aware of the pending matter/ hearing dates. But you should not ignore a notice thinking it will end with a notice. Tribunal may hear you on the said matter and pass directions of its own.
Q3. Can a person receive notice from NGT?
Ans. Yes. Any person/government or private land owner/ builder/ businessman/ institution/RWAs/ authorities/ contractors etc. can be made party to a NGT complaint.
Q4. Can a NGT complaint affect my business?
Ans. Yes. Depending on the facts of the case there can be multiple repercussions such as halt on operations, inquiry/regulatory notices/instructions from authorities, inspection issues, contractual liabilities, reputation of business, suspension of payments/till further orders or conditions for continuation of activity in question.
Q5. What documents should I bring before Advocate BK Singh?
Ans. NGT notice/ annexures received, any previous orders/approvals/consent obtained/consent to establish/communications if any during inspection by officers, Photographs/ correspondences/ any other documents related to the allegation.
Q6. Does NGT only take up cases related to Air Pollution?
Ans. No. NGT takes up matters involving water pollution, Waste related issues, environmental clearances, forest land related matters, Ground water related issues, construction activity complaints, industrial pollution / compliance etc. along with Air pollution matters.
Q7. Can order be passed against me if I fail to appear/ respond to NGT?
Ans. Yes. As per section 16 (2) NGT Act, 2010, where in circumstances are so appropriate and a party to the proceedings fails to appear before the tribunal, the Tribunal may make an order ex parte.
Q8. What is meant by Ex parte NGT Order?
Ans. Ex Parte means without hearing the party against whom the order is sought to be passed. The Tribunal can pass an order based on the documents and materials on record which can have serious consequences.
Q9. Why should I consult Advocate on receiving a NGT Notice?
To ensure you take the right course of action after receiving an NGT Notice. BK Singh can advise you better once he reviews the notice/allegation/ documents/ material received and informs you about the stage of the hearings and the consequences you may face so that you are well informed about your stand legally and can take appropriate action before the matter escalates further.
Q10. Will I be made liable by NGT if I get a notice?
Ans. No. Just because you have received a Notice it does not mean you will be held liable by NGT. The final decision would be based on the allegation, proof they have, applicable environmental laws, your documents and proof to support your stand and the hearings in the Tribunal.
Conclusion:
Missing reading an NGT hearing date exposes you to face expert orders. The opportunity to present vital documents before the Tribunal is wasted leading to business uncertainty and heightened legal pressure later on.
The earlier you read the notice, the better you know your legal standing will be. NGT notice or hearing date? If you have received an NGT notice or hearing date and want to discuss the matter confidentially, document driven talk to Advocate BK Singh. Better to think twice than cry once.
