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2024 Supreme(JK) 277

HIGH COURT OF JAMMU AND KASHMIR
M/S K. K. INDUSTRIES(ICE PLANT) – Appellant
Versus
UNION TERRITORY OF JAMMU AND KASHMIR AND ORS. (POLLUTION CONTROL BOARD) – Respondent


ORDER :

1. Heard learned counsel for the petitioner as also learned counsel for the respondents.

2. From a bare perusal of section 14 of National Green Tribunal Act, 2010, it is apparent that the Tribunal shall have jurisdiction over all cases where a substantial question relating to environment (including enforcement of any legal right relating to environment), is involved and such question arises out of the implementation of the enactments specified in Schedule I.

3. It would also be apt to reproduce section 16 of the National Green Tribunal Act which provides as under:

16. Tribunal to have appellate jurisdiction.— Any person aggrieved by, --

(a) an order, or decision on or after the commencement of the National Green Tribunal Act 2010, by the appellate authority under section 28 of the Water (prevention and Control of pollution) Act, 1974 (6 of 1974);

(b) an order passed, on or after the commencement of the National Green Tribunal act, 2010, by the state Government under section 29 of the water (Prevention and Control of Pollution) Act, (c) directions issued, on or after the commencement of the National Green Tribunal Act, 2010, by a-Board, under section 33-A of the water (prevention

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