EAST JAINTIA COKE Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner being aggrieved with the notification dtd. 23/12/2020, issued by the respondent No. 2, State Pollution Control Board under Sec. 17(1)(n) under the Water (Prevention and Control of Pollution) Act, 1974 and Sec. 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 dtd. 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.