NDLI: Tamil Nadu Pollution Control Board Vs. Sterlite Industries (i) Ltd. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Environment copper smelter plant NGT closure o unit pollution control board
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	National Green Tribunal Act, 2010 (19 of 2010) Air (prevention and Control of Pollution) Act, 1981 (14 of 1981) Water (prevention and Control of Pollution) Act, 1974 (6 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Environment – Air (Prevention and Control of Pollutions) Act,1981 – ss. 21, 31, 31A and 31B – Water (Prevention and Control of Pollution) Act, 1974 – ss.18, 25, 26, 27, 28, 29, 33A and 33B –National Green Tribunal Act, 2010 – ss. 14, 15, 16, 29 and 33 –Leapfrog appeal before the National Green Tribunal (NGT) –Maintainability of – Respondent was operating a copper smelter plant – Tamil Nadu Pollution Control Board (TNPCB) directed closure of the unit under the various provisions of the Air Act and Water Act – Composite appeals against the six orders passed against the respondent were filed u/s.16 of the NGT Act – NGT set aside the six orders in the composite appeals – State and TNPCB contended that once an appeal is available to an appellate authority, after which an appeal lies to the NGT, a party cannot leapfrog directly to the NGT – On appeal, held: It is clear that an appeal is a creature of statute and an appellate tribunal has to act strictly within the domain prescribed by statute – It is obvious that an appeal would lie from an order or decision of the appellate authority u/s.28 of the Water Act to the NGT only u/s.33B(a) of the Water Act r/w. s.16(a)of the NGT Act – Similarly, an appeal would lie from an order or decision of the appellate authority u/s.31 of the Air Act to the NGT only u/s.31B of the Air Act read with s.16(f) of the NGT Act – Since no order or decision had been made by the appellate authority under either the Water Act or the Air Act, any direct appeal against an original order to the NGT would be incompetent – NGT’s jurisdiction being strictly circumscribed by s.33B of the Water Act, r/w. s.31B of the Air Act, r/w. s.16(a) and (f) of the NGT Act, would make it clear that it is only orders or decisions of the appellate authority that are appealable, and not original orders – This being the case, the NGT’s order being clearly outside its statutory powers conferred by the Water Act, the Air Act, and the NGT Act, would be an order passed without jurisdiction. National Green Tribunal Act, 2010 – Powers of judicial review– Held: Under the NGT Act, the Tribunal exercising appellate jurisdiction cannot strike down rules or regulations made under this Act – It would be fallacious to state that the Tribunal has powers of judicial review akin to that of a High Court exercising constitutional powers u/Art. 226 of the Constitution of India –Constitution of India – Art.226.Doctrines/Principles – Doctrine of Necessity – NGT stated that the doctrine of necessity would take over if an appellate authority under the Act is not properly constituted – Held: If an appellate authority is either not yet constituted, or not properly constituted, a leapfrog appeal to the NGT cannot be countenanced– NGT is only conferred appellate jurisdiction from an order passed in exercise of first appeal – Where there is no such order, the NGT has no jurisdiction – National Green Tribunal Act, 2010 – Water(Prevention and Control of Pollution) Act, 1974 – Air (Prevention and Control of Pollution) Act,1981.
Judge	Hon'ble Mr. Justice R.F. Nariman
Neutral Citation	2019 INSC 220
Petitioner	Tamil Nadu Pollution Control Board
Respondent	Sterlite Industries (i) Ltd. & Ors.
SCR	[2019] 3 S.C.R. 777
Judgement Date	2019-02-18
Case Number	4763

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