VIJAYAWADA: The Andhra Pradesh High Court has categorically held that writ petitions filed under Article 226 challenging orders of the National Green Tribunal (NGT) are maintainable before it. The Court clarified that although Section 22 of the NGT Act provides an alternative remedy of appeal before the Supreme Court, there is no statutory bar on approaching the High Court under Article 226, and such an alternative remedy does not curtail the High Court’s constitutional jurisdiction.
The Division Bench observed that any person affected by mining activities carried out in violation of statutory provisions or without environmental clearance (EC) falls within the definition of an “aggrieved person” under Section 16 of the NGT Act.
The Court further underlined that the right to clean air and water, free from pollution, is a fundamental right guaranteed under the Constitution, and any person can challenge actions that infringe upon this right.
In environmental matters, even a resident of the affected village is entitled to approach the NGT.