NGT directs MoUD to pay Rs 1 lakh cost for non-appearance, warns against delaying environmental cases

The directions were passed by a Bench comprising Justice Arun Kumar Tyagi (Judicial Member), Dr A Senthil Vel and Dr Afroz Ahmad (Expert Members) while hearing a plea filed by T S Singh. The Tribunal recorded that the applicant had filed an affidavit of service and tracking reports showed that notice was duly delivered to the MoUD on October 21, 2025.

However, no one appeared on behalf of the Ministry at the January 5 hearing in the national capital.

The Tribunal underscored that proceedings before it cannot be treated as ordinary adversarial litigation where government authorities may choose to remain absent. Emphasising the constitutional and statutory obligations of the Union of India and its instrumentalities to protect the environment, the NGT Bench held that deliberate non-appearance causes unnecessary adjournments and hampers the timely resolution of environmental disputes.

Accordingly, the Tribunal granted MoUD one final opportunity to file its reply and ensure proper representation, subject to payment of 1 lakh as costs. The amount has been directed to be deposited with the National Green Tribunal Bar Association, Principal Bench, New Delhi, to be utilised for providing legal aid to unrepresented litigants and for creating facilities for parties visiting the Tribunal.

The Bench further directed that if the costs are not deposited, the Bar Association would be at liberty to initiate execution proceedings for recovery of the amount. At the request of counsel appearing for other respondents, the Tribunal also granted two months' time to respondents No. 1 and 3 to file their responses.

The matter has been listed for further consideration on April 10, and a copy of the order has been directed to be sent to the Secretary, MoUD, by email to ensure compliance. (ANI)