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2016 Supreme(Ker) 315

In the High Court of Kerala
P.B. Suresh Kumar, J.
Society of Indian Automobile Manufactures - Petitioner
Versus
State of Kerala, through its Chief Secertary & Others - Respondents
WP(C)No. 19067, 19249, 19255 & 19267 of 2016
Decided On : 10-06-2016

Advocates:
Advocate Appeared:
For the Petitioner: M/s M. Kiranlal, B. Dipu Sach Deev Narain

Headnote:

Administrative Tribunals Act 1985 - Section 28 - National Green Tribunal Act 2010 - Section 22 & 29 - Jurisdiction of High Court - When inference - Legality of - Tribunal and its power - When considered - Held, The power of judicial superintendence conferred on High Court under Articles 226 and 227 of the Constitution being part of the basic structure of the Constitution, cannot be taken away by virtue of the provisions contained in a statute - The Act does not exclude the jurisdiction of the High Court u/Article 226 or 227 but only excludes the jurisdiction of Civil Court - The National Green Tribunal is not a tribunal coming either under Article 323A or under Article 323B of the Constitution -The applicant before the Green Tribunal has no case that a Single Judge of Court cannot exercise the jurisdiction under Art.226 of the Constitution and contention that Writ Petitions of the instant nature can be entertained only by a Division Bench of this Court is rejected - Petition dismissed - Constitution of India, 1950 - Articles 226, 227A, 323A, 323B

JUDGMENT :

P.B. Suresh Kumar, J.

1. These writ petitions are preferred challenging the interim order dated 23.05.2016 passed by the National Green Tribunal, Circuit Bench, Kochi in OA No. 137 of 2016, invoking the power of this Court under Article 226 of the Constitution. When the writ petitions came up for admission, the applicant in the proceedings before the National Green Tribunal entered appearance through their counsel and opposed the admission of the writ petitions on the ground that the writ petitions are not maintainable. The learned counsel for the petitioners as also the learned counsel for the applicant before the National Green Tribunal were, in the circumstances, heard on the question of maintainability.

2. The National Green Tribunal (“the Green Tribunal” for short) has been constituted under the National Green Tribunal Act, 2010 (“the Act” for short). Sri. Subhash Chand, the learned counsel for the applicant in the proceedings before the Green Tribunal, contended that in the light of Section 22 of the Act, this Court cannot exercise the power of judicial review over orders passed by the Green Tribunal. The learned counsel also contended, relying on the decision of the Apex court in L. Chandrakumar v. Union o f India [(1997)3 SCC 261], that if at all it is found that this Court can exercise the power of judicial review over orders passed by the Green Tribunal, the said power can be exercised only by a Division Bench of this Court. The learned counsel further contended that, at any rate, in the light of the alternate remedy provided by way of appeal under the Act against orders passed by the Green Tribunal before the Apex Court, this Court may not exercise the discretionary power of judicial review against orders in the nature of the one challenged in the writ petitions. Lastly, it was contended by the learned counsel for the applicant before the Green Tribunal that the order impugned in the writ petitions being an ad interim order, the writ petitioners have every right to approach the Green Tribunal seeking variation of the order. According to the learned counsel, this Court may not exercise its discretionary jurisdiction against the impugned order on that ground as well.

3. The preamble of the Act indicates that the Green Tribunal was constituted for the effective and expeditious disposal of cases relating to environmental protection and other natural resources, including enforcement of any legal right relating to environment. Under sub section (1) of Section 14 of the Act, the Green Tribunal has jurisdiction over all civil cases where a substantial question relating to environment is involved and such question arises out of the implementation of the Enactments specified in Schedule-I. Sub section (2) of Section 14 of the Act provides that the Green Tribunal shall hear the disputes arising from the questions referred to in sub section (1) and settle such disputes and pass orders thereon. Section 19 of the Act provides that the Green Tribunal shall not be bound by the procedure laid down by the Civil Procedure Code, but shall be guided by the principles of natural justice. Section 19(4)(j) of the Act provides that the Tribunal has the power to pass an interim order, after providing the parties concerned an opportunity to be heard. Section 22 of the Act provides for a remedy of appeal to the Supreme Court as against orders of the Green Tribunal. It reads as follows :

"22. Appeal to Supreme Court--Any person aggrieved by any award, decision or order of the Tribunal, may, file an appeal to the Supreme Court, within ninety days from the date of communication of the award, decision or order of the Tribunal, to him, on any one or more of the grounds specified in Section 100 of the Code of Civil Procedure, 1908 (5 of 1908) :

Provided that the Supreme Court may entertain any appeal after the expiry of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal."

Section 29 of







































































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