Civil Appeal under Section 22 of the NGT Act, 2010: Supreme Court Format
Updated format and drafting guide for a statutory Civil Appeal before the Supreme Court of India against an award, decision or order of the National Green Tribunal under Section 22 of the National Green Tribunal Act, 2010.
Before Filing a Civil Appeal under Section 22 of the NGT Act
Section 22 of the National Green Tribunal Act, 2010 provides a statutory appeal to the Supreme Court against an award, decision or order of the National Green Tribunal. The memorandum of appeal should clearly state the date on which the impugned decision was communicated, whether the appeal is within the statutory period, and the substantial question or questions of law arising from the impugned decision.
The pleading should be adapted to the actual NGT proceedings, parties, environmental statutes involved, relief granted or refused, and the record before the Tribunal. Where the filing is beyond 90 days from communication, an appropriate application explaining sufficient cause should accompany the appeal, subject to the applicable Supreme Court Rules, practice directions and Registry requirements in force on the date of filing.
Synopsis and List of Dates
SYNOPSIS
The Appellant is filing the present Civil Appeal under Section 22 of the National Green Tribunal Act, 2010 against the judgment/order dated -.-.20- passed by the National Green Tribunal, ----- Bench, in Original Application/Appeal No. -- of 20-, whereby the Tribunal has, inter alia, ---------------.
The impugned judgment/order gives rise to substantial questions of law concerning ---------------. The Appellant submits that the Tribunal has erred in law by --------------- and that the impugned directions adversely affect ---------------.
Hence, the present statutory appeal.
List of Dates
-.-.20- - Briefly state the material event giving rise to the proceedings.
-.-.20- - Original Application/Appeal No. -- of 20- was instituted before the National Green Tribunal.
-.-.20- - Relevant reply, report, expert committee report, statutory order or other material document was filed/issued.
-.-.20- - The National Green Tribunal passed the impugned award/decision/order.
-.-.20- - The impugned award/decision/order was communicated to the Appellant.
-.-.20- - Hence, the present Civil Appeal under Section 22 of the National Green Tribunal Act, 2010.
Civil Appeal Format under Section 22 of the National Green Tribunal Act, 2010
CIVIL APPEAL NO. --- OF 20- (Under Section 22 of the National Green Tribunal Act, 2010)
IN THE MATTER OF:
---------------
Through its authorised representative / duly constituted representative
Address: -----------_
---------------
...APPELLANT
VERSUS
1. ---------------
Through ------------_
Address: -----------_
...RESPONDENT NO. 1
2. ---------------
Address: -----------_
...RESPONDENT NO. 2
CIVIL APPEAL UNDER SECTION 22 OF THE NATIONAL GREEN TRIBUNAL ACT, 2010 AGAINST THE JUDGMENT/ORDER DATED -.-.20- PASSED BY THE NATIONAL GREEN TRIBUNAL, ----- BENCH, IN ORIGINAL APPLICATION/APPEAL NO. -- OF 20-
To,
THE HON'BLE CHIEF JUSTICE OF INDIA
AND HIS/HER COMPANION JUSTICES OF
THE HON'BLE SUPREME COURT OF INDIA
The Civil Appeal of the Appellant above named
MOST RESPECTFULLY SHOWETH:
1. That the present Civil Appeal is being filed under Section 22 of the National Green Tribunal Act, 2010 against the judgment/order dated -.-.20- passed by the National Green Tribunal, ----- Bench, in Original Application/Appeal No. -- of 20- ("Impugned Order"), whereby the Tribunal has ---------------.
1.1. The Impugned Order was communicated to the Appellant on -.-.20-. The present appeal is within the period prescribed by Section 22 of the National Green Tribunal Act, 2010. [If there is delay, modify this paragraph and refer to the accompanying application seeking condonation on sufficient cause.]
2. Substantial Questions of Law
The following substantial questions of law arise for consideration by this Hon'ble Court:
- Whether the National Green Tribunal, in the facts and circumstances of the case, acted contrary to the provisions of the National Green Tribunal Act, 2010 and the applicable environmental law by ---------------?
- Whether the impugned judgment/order is sustainable in law where the Tribunal --------------- without recording legally sufficient reasons / without considering material statutory requirements?
- Whether the Tribunal could have issued the impugned directions without affording an effective opportunity of hearing in respect of ---------------?
- Whether the Tribunal correctly applied the principles of sustainable development, the precautionary principle and the polluter-pays principle, where applicable, to the facts and statutory framework governing the dispute?
- Whether the findings and directions in the Impugned Order disclose an error of law affecting the rights and liabilities of the parties and therefore warrant interference under Section 22 of the National Green Tribunal Act, 2010?
3. Brief Facts
3.1. The Appellant is --------------- and is aggrieved by the Impugned Order for the reasons stated herein.
3.2. The dispute concerns ---------------. The relevant statutory permissions, consents, clearances, notices, reports or proceedings are briefly set out as follows: ---------------.
3.3. On -.-.20-, Original Application/Appeal No. -- of 20- was filed before the National Green Tribunal seeking ---------------. A true copy thereof may be annexed as Annexure P-- (pages - to -).
3.4. The Appellant filed its reply/objections and relied upon ---------------. A true copy of the relevant pleading/document may be annexed as Annexure P-- (pages - to -).
3.5. By the Impugned Order dated -.-.20-, the Tribunal directed/held that ---------------.
3.6. The Appellant submits that the Impugned Order raises the substantial questions of law set out above and is liable to be set aside/modified for the following, amongst other, grounds.
4. Grounds
A. Because the Impugned Order is contrary to the express provisions, scope and object of --------------- and proceeds on an erroneous interpretation of law.
B. Because the Tribunal failed to consider material statutory provisions, binding principles and relevant documents placed on record, including ---------------.
C. Because the finding that --------------- is legally unsustainable and gives rise to a substantial question of law, particularly in view of ---------------.
D. Because the impugned directions are disproportionate / beyond the statutory power invoked / unsupported by the findings recorded, insofar as ---------------.
E. Because the procedure adopted resulted in denial of a fair and effective opportunity to address ---------------, thereby vitiating the decision-making process.
F. Because the Tribunal failed to correctly apply, where relevant, the statutory environmental principles governing its decision-making, including sustainable development, the precautionary principle and the polluter-pays principle.
G. Because the Impugned Order otherwise suffers from errors of law apparent from the record and warrants interference by this Hon'ble Court under Section 22 of the National Green Tribunal Act, 2010.
H. The Appellant craves leave to urge such additional grounds as may be necessary and permissible at the time of hearing.
5. Declaration
The Appellant states that no other appeal under Section 22 of the National Green Tribunal Act, 2010 against the same Impugned Order has been filed by the Appellant before this Hon'ble Court, except as specifically disclosed herein.
6. Grounds for Interim Relief
Unless operation of the Impugned Order / the impugned direction relating to --------------- is stayed, the Appellant will suffer serious and irreparable prejudice because ---------------. The balance of convenience lies in favour of protecting the subject matter of the appeal pending final adjudication, and the interim relief sought will not cause disproportionate prejudice to the Respondents or the environment.
7. Main Prayer
In the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:
- allow the present Civil Appeal and set aside / modify the judgment/order dated -.-.20- passed by the National Green Tribunal, ----- Bench, in Original Application/Appeal No. -- of 20-, to the extent challenged herein; and
- pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
8. Prayer for Interim Relief
Pending hearing and final disposal of the present appeal, it is most respectfully prayed that this Hon'ble Court may be pleased to:
- stay the operation and effect of the judgment/order dated -.-.20-, or such part thereof as relates to ---------------; and
- pass such other interim order(s) as this Hon'ble Court may deem fit and proper.
AND FOR THIS ACT OF KINDNESS THE APPELLANT AS IN DUTY BOUND SHALL EVER PRAY.
FILED BY:
Advocate-on-Record for the Appellant
Drawn by: ----------
Drawn on: -.-.20-
Filed on: -.-.20-
New Delhi
Official Legal Resources
- India Code - National Green Tribunal Act, 2010
- Supreme Court of India - Supreme Court Rules and amendments
- Supreme Court of India - Case categories, including appeals under Section 22 of the NGT Act
- National Green Tribunal - Official website
This specimen is a drafting aid and must be adapted to the facts, pleadings, impugned order, limitation position, applicable statutes, current Supreme Court Rules, practice directions and Registry requirements.