AIR 2019 SUPREME COURT 1074 ::AIROnline 2019 SC 89 ::(2019) 3 Scale 721 ::(2019) 4 MPLJ 628 ::(2019) 6 Mah LJ 835 ::(2019) 2 Mad LJ 686 ::(2019) 1 Ker LT 726

Supreme Court Of India

Hon'ble Judge(s): Rohinton Fali Nariman, Navin Sinha , JJ

(A) National Green Tribunal Act (19 of 2010) , S.16(c)— Air (Prevention and Control of Pollution) Act (14 of 1981) , S.31A— Water (Prevention and Control of Pollution) Act (6 of 1974) , S.33A, S.18— Appeal - Jurisdiction of National Green Tribunal (NGT) - NGT has no general power of judicial review akin to that of High Court u/Art. 226 - Order passed by State Govt. u/S. 18 of Water Act not being subject-matter of appeal u/S. 16 of NGT Act - Cannot be judicially reviewed. Constitution of India , Art.226— 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 under Section 28 of the Water Act to the NGT only under Section 33B(a) of the Water Act read with Section 16(a) of the NGT Act. Similarly, an appeal would lie from an order or decision of the appellate authority under Section 31 of the Air Act to the NGT only under Section 31B of the Air Act read with Section 16(f) of the NGT Act. Obviously, 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 Section 33B of the Water Act,read with Sec....