The petitioner is challenging the order dated 26.10.2016, passed by the Uttarakhand Environment Protection and Pollution Control Board, which has been admittedly passed under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31-A of the Air (Prevention and Control of Pollution) Act, 1981.

2. Learned counsel for respondent no. 2 submits that this order is appealable before the National Green Tribunal under Section 16(c) of the National Green Tribunal Act as well as Section 33-B of the Water (Prevention and Control of Pollution) Act. The aforesaid provisions read as under:-

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

(a)………………

(b)……………..

(c) directions issued, on or after the commencement of the National Green Tribunal Act, 2010, by a Board, under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);”

“Section 33–B. Appeal to National Green Tribunal.- Any person aggrieved by,-

(a) …………

(b) ………..

(c) directions issued under Section 33-A by a board, on or after the commencement of the National Green Tribunal Act, 2010,

May file an appeal to the National Green Tribunal established u