Bar of jurisdiction
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken or order or direction issued by the Central Government or any other authority or officer in pursuance of any power conferred by or in relation to its or his functions under this Act.
In plain English
What this section actually means
Section 22 ousts civil-court jurisdiction over anything done, action taken, or order/direction issued under the Act. So a company cannot file a civil suit to restrain a Section 5 direction or seek damages from a Section 11 sampling.
The ousted remedies have to be sought in (a) the National Green Tribunal under the NGT Act, 2010 (appeal against most EPA orders under Section 16 of that Act); or (b) the High Court in writ jurisdiction under Article 226 of the Constitution (which Section 22 cannot bar — Constitutional writ remedies are inviolable).
What is barred: civil suits, declaratory suits, suits for injunction, and any other proceeding before a civil court in respect of EPA action. What is not barred: NGT appeals, writs in the High Court / Supreme Court, criminal proceedings under Section 19.
Visual
See how it flows
Old vs new
Where can you challenge an EPA order?
Section 22 redirects litigation away from civil courts.
- National Green Tribunal (Section 16 NGT Act)Civil suit before District Court
- High Court — Article 226 writSuit for injunction
- Supreme Court — Article 32 / SLPSuit for declaratory relief
- Criminal complaint under Section 19Suit for damages against an officer (Section 18)
Real life
What this looks like in real life
Factory sues for damages in civil court
Setup. A factory hit with a Section 5 closure direction sues the SPCB and the State in civil court for ₹4 crore damages.
What the law does. Section 22 bars the suit at the threshold. The factory's correct remedies are (a) appeal to the NGT against the direction, and (b) writ in the High Court if there is a Constitutional question. The civil suit is liable to be returned at the plaint-presentation stage.
Landmark cases
How the courts have read this
Andhra Pradesh Pollution Control Board v. Prof. M.V. Nayudu
Supreme Court of India · 1999 · (1999) 2 SCC 718
Bar under environmental statutes does not preclude High Court / Supreme Court Constitutional remedies. The NGT Act, 2010 later channelled most challenges through the Tribunal.
Cross-references
Read this alongside
- National Green Tribunal Act, 2010§Sections 14, 15, 16·The primary forum for civil environmental disputes after Section 22 ousts the civil court.
- Constitution of India§Articles 226 and 32·Writ remedies — not barred by Section 22.
Frequently asked
Questions about Section 22
Open this section in the source PDF
Environment Protection Act, 1986.pdf
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