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15. Therefore, the complaintant in paragraph 24 of the complaint has stated that the accused have failed to comply with and have acted in contravention of the relevant provisions of Environment Protection Rules and Noise Pollution (Regulation & Control) Rules read with Notification no. MIS/2014/CR/71/PCI of Environment Nevatia group matters.doc Department, Government of Maharashtra and also the provisions of Air (Prevention and Control of Pollution) Act of 1981 and Environment (Protection) Act, 1986. Pursuant to this complaint, the learned Magistrate has issued process.

20. My attention is drawn to the notice dated 26 th December, 2016 under section 19(b) of the Environment (Protection) Act, 1986 given by the complainant but it is only addressed to the Principal Secretary, Environment Department and the Member Secretary, Maharashtra Pollution Control Board. In the notice, he has given three points - (i) Pollution on Worli Sea Face Road and Nevatia group matters.doc there is no compliance of BS-IV standards and no compliance of checking of PUC certificates; (ii) The vehicles that have met the noise standards are only to be allowed to use BWSL and Worli Sea Face Road; (iii) The authority failed to control indiscriminate use of sirens having impermissible levels of sound and failing to ensure that they are used in accordance with law in silent and residential area of Worli Sea Face. Thus, the grievance made in respect of air pollution and noise pollution due to honking and using vehicles without PUC (Pollution under control Certificate). Along with this notice, the complainant has referred to the direction under section 31A of Air (Prevention and Control of Pollution) Act, 1981 dated 29th September, 2016 issued by the Maharashtra Pollution Control Board/accused no. 21 to Transport Commissioner and the Police Commissioner (Transport). Thus, it shows that accused no. 21 has issued directions regarding controlling of air and noise pollution. I have considered the objections raised by the petitioners and I am of the view that there is overall compliance of issuing the notice under Form IV Rule 11 of the Environment Protection Rules and therefore there is no default of sending the notice under section 19(b) of Environment (Protection) Act.

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52. The complainant on the point of competency of the Court of Magistrate and disability of the National Green Tribunal to impose penal action, relied on the judgment of Madhya Pradesh Pollution Control Board (supra). In the said case, complaints were instituted in Chief Judicial Magistrate Court at Bhopal under sections 15 and 16 of Environment Protection Act and also under sections 44, 47 and 88 of the Water (Prevention and Control of Pollution) Act, 1974. The Magistrate issued summons under the relevant sections of the Environment Protection Act to the accused. Subsequently, the case was transferred to the National Green Tribunal. The National Green Tribunal held that as per the jurisdiction of the National Green Tribunal Act it is limited by the words "all civil cases". However, it is mentioned that Section 15 of National Green Tribunal Act gives wide jurisdiction of the Tribunal to pass an order, give relief and compensation to the victim of pollution so also other environmental damages. However, the Tribunal has no jurisdiction to deal with the criminal cases. It has no jurisdiction to try, adjudicate and punish the accused person even though they are found guilty under sections 15 and 16 of the Environmental Act in view of section 14 of National Green Tribunal Act. In the said case, the National Green Tribunal was dealing Nevatia group matters.doc with the penal provisions of the Environmental Protection Act and Water (Prevention and Control Pollution) Act of which the Magistrate has already taken cognizance. The view taken by the National Green Tribunal has correctly held that only the Court can take cognizance and punish. However, the Tribunal, in the said case, had not considered Section 26 of the National Green Tribunal Act, 2010.

(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years."

55. Under section 26, the Tribunal enjoys penal powers which are also available under section 15 to Judicial Magistrate First Class under the Environment Protection Act. A question raised before the Court is whether the order passed by National Green Tribunal can be subject matter of Section 15 of Environment Protection Act. A breach of the orders passed under the act by any authority or non-compliance of the provisions of the Act by the petitioner/accused can be the subject matter under section 15. Similarly, the orders or directions issued under the Environment (Protection) Act if not obeyed or implemented also comes under the clutches of Section 15 of the Act. It can be in view of the terms used in Section 15 of the Environment (Protection) Act, however, undoubtedly, the efficacious remedy available to the complainant is under section 26 of the National Green Tribunal Act.