Case Note & Summary
The petitioner, Mr. Mohammad Moinuddin Mansabdar, filed a writ petition under Articles 226 and 227 of the Constitution of India, seeking cancellation or recall of a conditional environmental clearance letter dated 19.09.2012 issued by the Ministry of Environment and Forests (Respondent No.1) to M/s Shree Cements Limited (Respondent No.3). The petitioner alleged that the clearance led to rampant socio-environmental destruction in the Kodla and Benkanhalli areas of Gulbarga District, including adverse impact on agricultural land and water sources. The Karnataka State Pollution Control Board was impleaded as Respondent No.2. At the outset, the counsel for Respondent No.2 contended that the grievance fell within the jurisdiction of the National Green Tribunal under Section 16(g) of the National Green Tribunal Act, 2010. The petitioner's counsel argued that non-compliance with environmental clearance requirements had larger implications and repercussions on society. The High Court, however, found that the submissions entailed an enquiry into factual aspects and that the Tribunal had exclusive jurisdiction under Section 14 of the Act to deal with such matters. The Court noted that Section 14 grants the Tribunal jurisdiction over all civil cases involving a substantial question relating to environment arising out of implementation of enactments specified in Schedule I. Accordingly, the Court dismissed the petition, granting liberty to the petitioner to approach the National Green Tribunal.
Headnote
A) Constitutional Law - Writ Jurisdiction - PIL - Environmental Clearance - The High Court declined to entertain a PIL challenging a conditional environmental clearance, holding that the National Green Tribunal has exclusive jurisdiction over environmental disputes involving substantial questions of fact under Sections 14 and 16 of the National Green Tribunal Act, 2010. (Paras 1-4) B) Environmental Law - National Green Tribunal - Jurisdiction - Section 14, National Green Tribunal Act, 2010 - The Tribunal has jurisdiction over all civil cases where a substantial question relating to environment arises out of implementation of enactments specified in Schedule I. (Para 4) C) Environmental Law - National Green Tribunal - Appeal - Section 16, National Green Tribunal Act, 2010 - Clause (g) provides for appeal against an order granting environmental clearance. (Para 2)
Issue of Consideration
Whether the High Court can entertain a writ petition challenging environmental clearance when the National Green Tribunal has exclusive jurisdiction over environmental disputes involving substantial questions of fact.
Final Decision
The writ petition is dismissed. The petitioner is at liberty to approach the National Green Tribunal for appropriate relief.
Law Points
- Jurisdiction of High Court under Articles 226 and 227 of Constitution of India
- Exclusive jurisdiction of National Green Tribunal under Section 14 and Section 16 of the National Green Tribunal Act
- 2010
- Environmental clearance disputes involving factual enquiries
