February 19, 2019:
On Monday, the Bench of Justices R.F. Nariman and Navin Sinha of Hon'ble Supreme Court firmly state that National Green Tribunal does not possess the power of Judicial Review akin to that vested under Article 226 of the Constitution of India possessed by the High Courts of this country.
Supreme Court holds in the present case that the State Government passing an order under Section 18 of the Water Act, not being the subject matter of any appeal under Section 16 of the National Green Tribunal Act, cannot be “judicially reviewed” by the NGT.
The National Green Tribunal has no general power of judicial review akin to that vested under Article 226 of the Constitution of India possessed by the High Courts of this country.
The Supreme Court clarifies that no appeal was provided against orders made under Section 18 of the Water Act, and the attempt to bring the Tribunal by the backdoor, as it is done in the present case will, therefore, have to be rejected.
"....as against a writ court acting under Article 226 of the Constitution of India, the NGT is an expert body set up only to deal with environmental matters, again does not answer the specific issue before this Court..... an appeal being a creature of statute, an order passed under Section 18 of the Water Act is either appealable or it is not. If it is not, no general argument as to the NGT being an expert body set up to hear environmental matters can be of any help."
The 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.
The Apex court remarks, "....NGT stated that the doctrine of necessity would take over if an appellate authority under the Act is not properly constituted so that no appeal can then be effectively preferred. This, again, is an argument that cannot be countenanced. If an appellate authority is either not yet constituted, or not properly constituted, a leapfrog appeal to the NGT cannot be countenanced..."
Therefore, while setting aside the impugned judgments of the NGT on the ground of maintainability, the order dated 22.01.2019 passed by the TNPCB, being a consequential order, is also set aside by the court.
Read Judgment @ LatestLaws.com
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