TAMIL NADU POLLUTION CONTROL BOARD versus STERLITE INDUSTRIES (I) LTD. & ORS.

Citation: [2019] 3 S.C.R. 777 · Decided: 18-02-2019 · Supreme Court of India · Bench: R.F. NARIMAN · Disposal: Disposed off

Cited by 3 judgment(s) · cites 15 · see the full citation network in Lexace

Judgment (excerpt)

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TAMIL NADU POLLUTION CONTROL BOARD
v.
STERLITE INDUSTRIES (I) LTD. & ORS.
(Civil Appeal Nos. 4763-4764 of 2013)
FEBRUARY 18, 2019
[R. F. NARIMAN AND NAVIN SINHA, JJ.]
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.
[2019] 3 S.C.R. 777
777
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SUPREME COURT REPORTS
[2019] 3 S.C.R.
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.
Disposing of the appeals, the Court
HELD: 1. Order dated 09.04.2018 is an order which
rejected renewal of consent to operate, and therefore, is traceable
to Section 27 of the Water (Prevention and Control of Pollution)
Act, 1974  and Section 21 of the Air (Prevention  and Control of
Pollution) Act,1981. There is no doubt whatsoever that an appeal
against an order made under Section 27 of the Water Act is
appealable to the appellate authority under Section 28 of the said
Act. Under Section 33B(a) of the said Act, if a person is aggrieved
by an order or decision of the appellate authority under Section
28, it is then appealable to the National Green Tribunal (NGT).
This is made clear also by Section 16(a) of the National Green
Tribunal Act, 2010.  Equally, an order refusing consent under
Section 21 of the Air Act is appealable to the appellate authority
under Section 31 of the Air Act, and thereafter, from the said
appellate authority’s order, to the NGT, under Section 31B of the
Air Act and Section 16(f) of the NGT Act. [Para 21][813-B-C]
2.  As has been stated hereinabove, it is clear that an appeal
to the appellate authority under the Air Act and the Wat

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