ISH MEDICOS PRIVATE LIMITED Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) 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 Sec. 33-A of the Water (Prevention and Control of Pollution) Act, 1974 and Sec. 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 Sec. 16(c) of the National Green Tribunal Act as well as Sec. 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 Sec. 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 Sec. 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 under Sec. 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.)"

(3.) On the other hand, learned counsel for the petitioner relies upon Sec. 21(4) of the Air (Prevention and Control of Pollution) Act, 1981, which reads as under:- "Section 21. Restrictions on use of certain industrial plants.- (1)...................... (2...................... (3).................... (4) Within a period of four months after the receipt of the application for consent referred to in sub-section (1), the State Board shall, by order in writing (and for reasons to be recorded in the order, grant the consent applied for subject to such conditions and for such period as may be specified in the order, or refuse such consent): Provided further that before cancelling a consent or refusing a further consent under the first proviso, a reasonable opportunity of being heard shall be given to the person concerned.)"