Supreme Court of India
Tamil Nadu Pollution Control Board v. Sterlite Industries (i) Ltd. & Ors.
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3 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that the NGT has no general p ower of judicial review akin to that vested under Article 226 of the Constitution of India possessed by the High Courts of this country.
Judgment, page 56
From the headnote
Environment – Air (Prevention and Control of Pollutions) Act, 1981 – ss. 21, 31, 31A and 31B – Water (Prevention and Control of Pollution) Act, 1974 – ss.18, 25, 26, 27, 28, 29, 3 3A and 33B – National Green Tribunal Act, 2010 – ss. 14, 15, 16, 29 and 33 – Leapfrog appeal before the National Green Tribunal (NGT) – Maintainability of – Respondent was operating a cop per smelter plant – Tamil Nadu Pollution Control Board (TNPCB) directed closure of the unit under the various provisions of th e Air Act and Water Act – Composite appeals against the six orders passe d against the respondent were
Authorities it was built on
- 1957 Garikapatti Veeraya v. N. Subbiah Choudhury
- 1997 L. Chandra Kumar Etc. Etc. v. The Union of India and Ors. Etc. Etc.
- 1984 Maharashtra State Board of Secondary and Higher Secondary Education and Anr. v. Paritosh Bhupesh Kumar Sheth Etc.
- 2010 Raj Kumar Shivhare v. Assistant Director, Directorate of Enforcement & Another
- 1964 Special Reference No. 1 of 1964 v..
- 1997 Tayabhai M. Bagasarwalla and Anr. v. Hind Rubber Industries (p.) Ltd. Etc.
- 2010 Manohar Lal (d) by Lrs. v. Ugrasen (d) by Lrs. & Ors.
- 2013 Bharat Sanchar Nigam Limited v. Telecom Regulatory Authority of India and Others
- 2011 Krishnadevi Malchand Kamathia & Ors. v. Bombay Environmental Action Group & Ors.
- 1991 State of Punjab and Ors. v. Gurdev Singh, Ashok Kumar
- 1985 Kanhiyalal Omar v. R.K. Trivedi & Ors.
- 2002 Cellular Operators Association of India and Ors. v. Union of India and Ors.
- 1975 Kundur Rudrappa v. The Mysore Revenue Appellate Tribunal & Ors.
- 2017 Allokam Peddabbayya and Another v. Allahabad Bank and Others
- 2018 M/s. B. Himmatlal Agrawal v. Competition Commission of India & Anr.
- 2013 M/s. Arcot Textile Mills Ltd. v. The Regional Provident Fund Commissioner and Ors.
- 1965 Raja Soap Factory and Others v. S. P. Shantharaj and Others
- 2007 Pune Municipal Corporation v. State of Maharashtra and Ors
- 2013 Board of Trustees of Port of Kandla v. Hargovind Jasraj & Anr.
- 1997 M/s. Northern Plastics Ltd. v. Hindustan Photo Films Mfg. Co. Ltd. and Ors.
Where later benches applied it
- 2024 Vedanta Limited v. The State of Tamil Nadu & Ors
- 2024 State of Himachal Pradesh and Others v. Yogendera Mohan Sengupta and Another
- 2020 Alembic Pharmaceuticals Ltd. v. Rohit Prajapati & Ors.
Of those, 3 referred to
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