Section 22 of The Environment (Protection) Act, 1986 issued by MoEF GOI
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.
Summary
- Civil courts are completely forbidden from hearing any lawsuit regarding actions taken or orders issued by the government under this law.
- This restriction applies to the Central Government and any other authority or officer acting under the Act.
- If the government issues a direction in line with its legal functions, a civil court cannot interfere with it.
Practical examples
FAQ
1. Can I go to a local civil court to stop an environmental order issued under the 1986 Act?
No, Section 22 of the Act explicitly states that no civil court has the power to hear suits against actions or orders taken under this law.
2. Does the bar of jurisdiction in Section 22 of the 1986 environmental law apply to government officers?
Yes, it applies to anything done by the Central Government or any other authority or officer performing their duties under the Act.
3. What kind of courts are restricted by Section 22 of the 1986 Act?
The restriction specifically applies to civil courts.
Test yourself
Q1.Under Section 22 of The Environment (Protection) Act, 1986 issued by MoEF GOI, which legal body is barred from entertaining suits?
Q2.Section 22 of the 1986 Act protects which of the following from civil court lawsuits?
Q3.Does Section 22 of the 1986 environmental law stop a court from hearing a case if an officer was not acting in relation to his functions under the Act?
Q4.Under Section 22 of the 1986 Act, what is the effect on a "proceeding" in a civil court regarding a government environmental order?