Case: Jurisdiction of Civil Court in Air Pollution Matter

Facts of the Case:

• XYZ and Co runs a stone crushing business close to a residential area.
• Residents obtained a permanent injunction against the company from the civil court to cease operations.
• XYZ and Co appealed to the High Court, claiming that the Air Act 1981 restricts civil courts’ jurisdiction, warranting the injunction’s removal.

Issue in the Case:

• Whether the Air Act 1981 precludes the jurisdiction of civil courts in matters related to air pollution, thus nullifying the injunction obtained by residents against XYZ and Co.

Principle:

• According to Section 46 of the Air (Prevention and Control of Pollution) Act, 1981, civil courts are barred from entertaining suits or proceedings concerning air pollution matters.
• The Act vests authority in the Central and State Pollution Control Boards to address grievances related to air pollution.
• Section 31(1) of the Act allows aggrieved parties to appeal to the Appellate Authority within thirty days of a State Board’s order.

Judgment:

• XYZ and Co can legitimately appeal to the High Court, invoking Section 46 of the Air Act 1981 to challenge the civil court’s injunction.
• Section 46 explicitly prohibits civil courts from adjudicating on matters connected with air pollution under the Act.
• The jurisdiction to redress grievances arising from air pollution lies with the Central and State Pollution Control Boards.
• In compliance with Section 31(1) of the Act, aggrieved parties have the right to appeal to the Appellate Authority within thirty days of a State Board’s order.
• Civil courts are precluded from issuing injunctions pertaining to matters under the Air Act 1981.
• However, petitioners retain the option to approach the High Court or the Supreme Court directly if there is a violation of Article 21 (right to a healthy environment) of the Indian Constitution.