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H. S. THANGKHIEW
East Jaintia Coke – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT :
H.S. THANGKHIEW, J.
1. The petitioner being aggrieved with the notification dated 23.12.2020, issued by the respondent No. 2, State Pollution Control Board under Section 17 (1)(n) under the Water (Prevention and Control of Pollution) Act, 1974 and Section 17 (1)(h) of the Air (Prevention and Control of Pollution) Act, 1981, whereby norms/criteria have been prescribed for siting of Coke plants of various capacities, which it is alleged is without jurisdiction and ultra vires the Air and Water Pollution Acts, is before this Court by way of the instant writ petition.
2. This Court on the challenge to the maintainability that had been made by the respondents by order dated 26.10.2022, had held this writ petition to be maintainable as the National Green Tribunal does not possess the power of judicial review, apart from the fact that nothing in the NGT Act, ousts the jurisdiction of the High Court
3. I have heard learned counsels for the parties.
4. Ms. B. Dikshit, with Mr. M. Lyngdoh, learned counsels for the petitioner, has submitted that the petitioner has approached this Court under Article 226 of the Constitution, as the impugned notification is patently without jurisdiction
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Point of law : there are no definitions for air pollutant, emission and industrial plant either under the Environment Protection Act, 1986 or under the NGT Act, 2010. Accordingly, the said definition....
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