The applicant challenged composite orders issued by State Pollution Control Boards, seeking separate orders under specific Acts. The Tribunal held that such a challenge to the statutory scheme was not maintainable before it.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(Court No.01)
Item No. 02
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 139/2022
Aryavart Foundation Applicant
Versus
Central Pollution Control Board & Ors. Respondent(s)
Date of hearing: 04.03.2022
CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Raj Panjwani, Senior Advocate with Dr. S.S. Hooda, Advocate
ORDER
1
Water Act, 1974. Such orders cannot be split up which leads to filing of two appeals before two separate fora. This Tribunal cannot simultaneously deal with both the appeals in view of law laid down in T.N. Pollution Control Board v. Sterlite Industries (I) Ltd.1 . This is not a satisfactory state of affairs.
The application is dismissed without prejudice to any other remedy of the applicant in accordance with law.
Adarsh Kumar Goel, CP
Sudhir Agarwal, JM
Prof. A. Senthil Vel, EM
Dr. Afroz Ahmad, EM
March 04, 2022 Original Application No. 139/2022 A
1 (2019) 19 SCC 479
2
1 issue framed by the court
Whether the Tribunal can entertain a challenge to the statutory scheme regarding composite orders under pollution acts.
Colour shows how this judgement treated each authority
T.N. Pollution Control Board v. Sterlite Industries (I) Ltd.Referred¶18
2 provisions across 2 enactments
Aryavart Foundation
Central Pollution Control Board
Adarsh Kumar Goel
Sudhir Agarwal
A. Senthil Vel
Afroz Ahmad
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
