Environmental Law – Establishment of Wood-Based Industries – Appeal against NGT’s order quashing state notice for establishing new WBIs – NGT overstepped its jurisdiction by interfering with the expert assessment of the Forest Survey of India (FSI) – Supreme Court held that the estimation of timber availability by FSI was based on scientific methods and could not be lightly brushed aside – Courts should not enter into areas that are the domain of experts – Appeal allowed, NGT’s order set aside [Paras 1-95].

Sustainable Development – Balance with Environmental Protection – Importance of maintaining a balance between environmental protection and sustainable development – FSI’s assessment indicated sufficient timber availability for WBIs in Uttar Pradesh – Investment in WBIs would boost employment and rural economy, encouraging agro-forestry and reducing migration – State directed to ensure compliance with environmental norms [Paras 87-100].

Principles of Natural Justice – NGT’s failure to adhere to principles of natural justice – NGT did not grant a fair hearing to the provisional license holders – Lack of transparency in considering the credentials and bona fides of the applicants – Appeals against NGT’s orders allowed due to procedural impropriety [Paras 95-97].

Decision – Appeals allowed – NGT’s orders quashing state notice and provisional licenses set aside – State’s decision to grant licenses upheld – State directed to ensure compliance with environmental norms and promote sustainable development – No costs [Paras 100-101].

Criminal Law – Sentencing – Review Petition – Modification of Sentence – Appeal challenging the sentence of life imprisonment for offences under Sections 376(2)(i) and 376(2)(m) IPC and Sections 5(i) and 5(m) read with Section 6 of POCSO Act – Supreme Court modified the sentence to rigorous imprisonment for 20 years for each of these offences, to align with the sentence for the offence under Section 376A IPC – Life imprisonment was originally intended to be for the remainder of the appellant’s natural life – Petition allowed [Paras 1-8].

Sentencing Principles – Retributive and Restorative Justice – Court balanced retributive justice with restorative justice – Sentence modification aligns with the Court’s intent to not impose life imprisonment for the remainder of the appellant’s life for the offence under Section 376A IPC – Consistency in sentencing for similar offences [Paras 6-7].

Decision – Review petition allowed – Sentence for offences under Sections 376(2)(i), 376(2)(m) IPC, and Sections 5(i), 5(m) read with Section 6 of POCSO Act modified to rigorous imprisonment for 20 years – Judgment dated 19.04.2022 modified to the extent of sentence adjustment – Rest of the judgment remains unchanged [Para 7-8].

Land Acquisition – Enhancement of Compensation – Sale Exemplars – High Court erred in discarding sale exemplars Exs. P3 and P4 solely because they involved transactions with a company – Proper deduction required for smaller parcels of land – Compensation determined at Rs. 12,16,800/- per acre – Impugned judgment modified [Paras 6-9].

Compensation Calculation – Smaller Parcels – Development – High Court failed to appreciate the nature of transactions – Proper deduction of 35% applied considering the location and use for LPG plant – Reasonable compensation awarded [Paras 7-9].

Decision – Appeals partly allowed – Compensation modified to Rs. 12,16,800/- per acre – Appeals succeed in part – No order as to costs [Para 9].

Permanent Commission – Armed Forces – Indian Navy – Women Officers – Short Service Commission – High Court's judgment challenged – AFT dismissed applications challenging denial of Permanent Commission – Principle issue whether AFT could adjudicate validity of selection proceedings when relevant material disclosed only to AFT in sealed cover – Appeal allowed – Judgment of AFT set aside – Cases remanded for fresh adjudication [Paras 3, 21, 23, 31-32].

Sealed Cover Procedure – Natural Justice – Disclosure of Information – Material relied upon by AFT in sealed cover not disclosed to appellants – Grave prejudice caused – Sealed cover procedure deemed dangerous precedent affecting transparency and fairness – Appeals allowed – Directions issued for fresh adjudication by AFT with proper disclosure [Paras 24, 28-30].

Decision – Appeals allowed – Impugned judgment of AFT set aside – OAs restored for fresh adjudication by AFT – Interim orders protecting officers to continue during pendency of proceedings [Paras 32-33].

Education Law – In-service Reservation – Appeal against the High Court’s decision upholding the Government Resolution (GR) dated 26 September 2022, providing 20% reservation for in-service candidates in postgraduate medical degree courses – Supreme Court held that the GR was valid and applicable for the academic year 2022-23 – Appellants’ contention that the GR altered the rules midstream dismissed – Clause 7.2 of the admission brochure indicated that reservation for in-service candidates would be subject to government changes – No change in selection criteria post commencement of admission process – Appeal dismissed [Paras 1-39].

Reservation Policy – Brochure Provisions – Clause 7.2 of the admission brochure specified reservation for in-service candidates would comply with government resolutions as issued from time to time – No alteration of selection criteria after admission process commenced – Reservation policy within government’s authority and aligned with Supreme Court judgments [Paras 28-30].

Constitutional Validity – Precedent and Context – High Court rightly did not interfere with the GR’s validity for the current academic year – Absence of challenge to GR’s legality justifies its application – Supreme Court emphasized adherence to previous decisions and provisions in the admission brochure [Paras 31-33].

Reservation Implementation – Practical Implications – Reduction in NEET-PG cut-off marks likely to increase eligible in-service candidates – Unfilled in-service quota seats to revert to non-in-service category per NEET-PG merit list – Administrative adjustments accounted for in the admission process [Paras 35-36].

Decision – Appeal dismissed – High Court’s judgment upheld – GR dated 26 September 2022 to apply for the academic year 2022-23 – No costs [Paras 37-39].

Arbitration – Appointment of Arbitrator – Section 11(6) read with Section 11(12) of the Arbitration and Conciliation Act, 1996 – Petitions filed for appointing a sole arbitrator to resolve disputes arising from three agreements executed between the parties – Supreme Court held that the arbitration agreement is enforceable despite pending payment of stamp duty on the substantive contract – Mr. Suresh C. Gupte appointed as sole arbitrator to adjudicate disputes in a single arbitration [Paras 1-18].

Stamp Duty – Enforceability of Arbitration Agreement – Pending payment of stamp duty on substantive contracts does not impede enforceability of arbitration agreement – Doctrine of separability and kompetenz-kompetenz upheld – Supreme Court emphasized the need for arbitration matters to proceed without delay even if stamp duty issues are unresolved [Paras 10-11, 16].

Doctrine of Separability – Arbitration Clause Independent of Main Contract – Arbitration agreement treated as separate from substantive contract – Validity of arbitration agreement maintained irrespective of issues in the main contract [Paras 9-10].

Judicial Precedents – Consideration of Earlier Decisions – Supreme Court referred to N.N. Global Mercantile case and Inter-continental Hotels Group case to justify proceeding with arbitration despite unresolved stamp duty issues – Consistency with prior judgments and ongoing consideration by Constitution Bench noted [Paras 13-16].

Decision – Petitions allowed – Mr. Suresh C. Gupte, former Judge of the Bombay High Court, appointed as sole arbitrator – Arbitration to proceed as per agreed

Land Acquisition – Compensation Enhancement – Appeal against High Court’s decision reducing compensation for land acquired for Jhajjar Thermal Power Plant – Supreme Court held that lands acquired for both Jhajjar Thermal Power Plant and Arawali Power Company Private Limited are similarly situated – Compensation should reflect parity and fairness – High Court erred in not following precedent set in Arawali Power Company case – Appeal allowed, compensation enhanced [Paras 1-10].

Comparison of Acquired Lands – Lands acquired for both projects situated on either side of Bahu Road – No justification for different compensation rates for similar lands – Supreme Court emphasized the principle of fair and just compensation for landowners [Paras 6-7].

Precedent and Context – Consideration of sale exemplars and previous judgments – Observations made in Arawali Power Company case to be considered in context – Supreme Court clarified that fair compensation should be awarded based on factual similarity and equity [Paras 7-8].

Compensation Rate – Fair Compensation – Supreme Court determined Rs. 22,00,000 per acre as just and reasonable compensation for lands acquired for Jhajjar Thermal Power Plant – This rate aligns with compensation awarded for similar lands in previous cases [Para 8].

Decision – Appeals allowed – High Court’s judgment modified – Landowners entitled to compensation at the rate of Rs. 22,00,000 per acre – Landowners also entitled to statutory benefits including interest under the Act – Appeals allowed to the extent indicated, no order as to costs [Paras 10-11].

Municipal Corporations – Standing Committee – Tenure and Continuance – High Court dismissed the writ petition asserting that the Standing Committee does not continue after the term of the Corporation expires – Supreme Court upheld the High Court's decision – The Standing Committee cannot function beyond the tenure of the Corporation as per the Maharashtra Municipal Corporations Act, 1949 – Appeal dismissed [Paras 10-17].

Administrator Appointment – Authority – The appointment of an Administrator by the Government upon the expiry of the Corporation's term does not contravene Article 243U of the Constitution or the Maharashtra Municipal Corporations Act, 1949 – Standing Committee ceases to exist along with the Corporation – Appeal dismissed [Paras 13-15].

Decision – Appeal dismissed – The order appointing the Administrator upheld – The Standing Committee's functions cannot extend beyond the Corporation's tenure.

Election Law – Amendment of Petition – Corrupt Practices – High Court allowed amendment to include allegations of non-disclosure of pending criminal cases in the nomination affidavit – Supreme Court held amendment permissible as it did not introduce a new cause of action but related to improper acceptance of nomination – Appeal dismissed – High Court order upheld [Paras 8-10, 18-19].

Representation of the People Act – Non-Disclosure of Criminal Cases – Affidavit – Supreme Court upheld the High Court's decision allowing the amendment to include averments regarding the appellant's non-disclosure of criminal cases in his nomination affidavit – Amendment did not alter the nature of the election petition – Appeal dismissed [Paras 16-18].

Decision – Appeal dismissed – High Court's order allowing amendment upheld – Merits of the case not commented upon.