VidhiSangh

Supreme Court of India · 18/02/2019

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

[2019] 3 S.C.R. 777 · 2019 INSC 220

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Summary

The Court set aside the NGT’s Sterlite orders for want of jurisdiction, without deciding the pollution or closure merits. The statutory first-appeal route could not be bypassed; composite Water Act and Air Act directions and the State Government’s Section 18 order were not directly appealable as entertained by the NGT. The original challenged orders remained operative. Sterlite could challenge them in the High Court, seek interim relief and request expeditious hearing.

Issues

  1. Whether the NGT could hear direct appeals bypassing the statutory appellate authority.
  2. Whether composite closure directions and a State Government direction under Section 18 of the Water Act were appealable to the NGT.
  3. Whether original jurisdiction or general judicial-review powers could cure the lack of appellate jurisdiction.

Provisions considered

Held

Result

Appeals disposed of setting aside the NGT judgments and consequential TNPCB order of 22 January 2019. Earlier challenged orders remain operative, with liberty for High Court proceedings and no decision on the environmental merits.

Judgment PDF: Supreme Court of India, [2019] 3 S.C.R. 777.