Environmental Protection Society, S.A.S. Nagar vs State of Punjab & Ors

This application seeks review of order dated 20.01.2022 in OA No. 453/2021, Environmental Protection Society, S.A.S. Nagar vs. State of Punjab & Ors. By the said order, the Tribunal dealt with the grievance of damage to 239 trees by the District Administration in S.A.S. Nagar, Mohali, Punjab. The Tribunal found that the violations were not specified except mention of illegal concretization, which aspect was directed to be verified by the PCCF (HoFF), Punjab and remedial action taken.

In the review application, ground for review is that order of this Tribunal amounts to delegation of adjudicatory functions which is not permissible in view of judgment of the Hon’ble Supreme Court dated 21.01.2022 in Civil Appeal No. 1046 of 2019, Kantha Vibhag Yuva Koli Samaj Parivartan Trust & Ors. vs. State of Gujarat & Ors.

We are unable to accept the submissions. While it is true that this Tribunal is not to delegate its adjudicatory functions, it cannot be said that in the present case there is any such delegation. All that the Tribunal did was that in absence of adequate supporting material, the statutory authority was directed to look into the factual position and to remedy the same. Doing so is a part of adjudicatory functions of this Tribunal. Requiring the concerned statutory authority to take appropriate action on verification of facts does not amount to delegating the adjudicatory functions. Adjudication by this Tribunal has to be based on material placed on record and not in its absence. In the instant case, in absence of adequate material showing violations and violators being specified, the Tribunal could either refuse to entertain the application or required the statutory authority to look into the same. The Tribunal followed the second course. We, thus, do not find any merit in the review application which is dismissed.