'Appeals against NGT orders can be entertained by HC'

The Madras High Court today held thatappeals against the orders of National Green Tribunal can be heard by the high courts and they have the jurisdiction to entertain the pleas arising out of orders passed by NGT.
A Division Bench of Justice N Paul Vasanthakumar and Justice P Devadoss clarified the matter on a petition filed by one Karnataka based company, which approached the Court against orders passed by the NGT's Southern Bench.
In its order, the bench said "Section 29 of the NGT Actdeals with the bar of Jurisdiction of Civil Courts, and the Jurisdiction of High Court under article 226/227 is not ousted under the Act."

While referring to a Supreme Court order permitting theappeals arising out of Armed Forces Tribunals Act "which is too stringent comparing to the NGT Act", the bench said "still the Supreme Court permitted High Courts to entertain the writ petitions under article 226 against the orders of Tribunals."
After the Court Registry doubted the very maintainabilityof the Karnataka firm's appeal in view of the statutory barin the NGT Act, the matter was brought to the notice of thebench, which said appeals could indeed be filed in High Court.
When Additional Solicitor-General of India G Masilamani sought to know whether appeal would lie in the Madras High Court or in the state from where the issue arose, the judges said parties had choice in the matter.