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Supreme Court of India 2019-02-18 disposed

TAMIL NADU POLUTION CONTROL BOARD vs STERLITE INDUSTRIES (I) LTD.

Bench: 2 — Rohinton Fali Nariman, Navin Sinha

In Brief

Tamil Nadu Pollution Control Board challenged NGT orders setting aside its closure and refusal of consent orders against Sterlite Industries' copper smelter plant. The Supreme Court held that appeals to the NGT must comply with statutory jurisdiction limits. Where an appeal is pending before the appellate authority, a direct appeal to the NGT is not maintainable. Directions under Section 31A of the Air Act are not appealable to the NGT. State Government orders under Section 18 of the Water Act can only be challenged by writ petition or suit, not before the NGT. The NGT was held to lack general judicial review powers. The Court set aside the NGT judgments on maintainability grounds, allowing Sterlite to pursue remedies through the High Court.",

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