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As per case facts, the Petitioner, a construction company, was awarded a railway work. An Original Application was filed before the NGT alleging illegal extraction of minor minerals from Government
...land. The NGT constituted a Joint Committee, which reported excavation and recommended environmental compensation. Despite the Petitioner's objections, the NGT directed recovery of environmental compensation. The Petitioner then approached the High Court challenging this NGT order. The question arose whether the NGT's order, based on a committee report and without hearing the Petitioner, violated principles of natural justice and amounted to an abdication of its adjudicatory function, and if the Writ Petition was maintainable despite an alternative remedy. Finally, the High Court held the Writ Petition maintainable due to serious allegations of natural justice breach and jurisdictional error. It found that the NGT's order, which directed recovery of compensation based on a committee report without hearing the Petitioner, violated the rule of audi alteram partem and constituted an impermissible abdication of its judicial role. The High Court quashed and set aside the NGT's order, allowing the parties to pursue their rights before the appropriate authority or forum.
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