Telangana High Court sets aside NGT order

The two companies and the Vice-Chairman and Managing Director, TSMDC, approached the High Court contending that the order was passed exparte without hearing them

Hyderabad: A two-judge bench of the Telangana High Court comprising Chief Justice Ujjal Bhuyan and Justice N Tukaramji on Tuesday allowed the writ plea setting aside the May 31 order of the National Green Tribunal (NGT) Southern Zone, Chennai. The NGT had restrained mining and desilting activity undertaken by Kaveri Engineering Projects Pvt Ltd and Challa Infra Projects Pvt Ltd at Manair River and Godavari River in Jayashankar Bhupalpally District.

The two companies and the Vice-Chairman and Managing Director, Telangana State Mineral Development Corporation, approached the High Court contending that the order was passed exparte without hearing them. The petitioners said the Tribunal cannot pass exparte orders as it would violate the Section 19 (4) of the National Green Tribunal Act. They also contended that the Tribunal illegally passed order after six months from the date of the cause of action against the Section 14 of the Act. They contended that they were carrying out based on a valid contract with the government and by obtaining environmental clearance.

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Conceding with the petitioner, the panel held that the order was passed in contravention of the Act while setting aside the NGT order. The bench however remanded back the matter to the NGT for reconsideration of the issue on July 5, the next date of hearing.