Kerala High Court holds civil courts lack jurisdiction over industrial pollution claims within NGT's exclusive domain.
Civil Court Cannot Hear Industrial Pollution Dispute Within NGT Jurisdiction: Kerala HC
The Kerala High Court ruled that civil courts lack jurisdiction to hear disputes relating to environmental pollution and public nuisance when the National Green Tribunal (NGT) has exclusive jurisdiction under Section 14 of the NGT Act, 2010. The suit was dismissed for want of jurisdiction.
The plaintiff had filed a civil suit seeking damages for environmental harm caused by an industrial unit. The Court found that the cause of action fell squarely within the NGT’s jurisdiction, especially given the applicability of environmental statutes such as the Water Act, Air Act, and Environment Protection Act. Parallel proceedings in civil court were deemed an abuse of process.
"Where a specialised tribunal is created for expeditious disposal of environmental disputes, ordinary civil courts must refrain from encroaching on such domain."
Legal practitioners must now route all industrial pollution and environmental claims strictly through the NGT. Filing civil suits on such matters risks dismissal and cost penalties for forum shopping.
Citations
- National Green Tribunal Act, 2010, Section 14
