Water (Prevention and Control of Pollution) Act, 1974 – Sections 25 and 26 – Air (Prevention and Control of Pollution) Act, 1981 – Section 21 – Grant of Consent to Establish (CTE) – An appeal could have been preferred by the appellant for challenging condition no. 4 by taking recourse to Section 28 of the Water Act and Section 31 of the Air Act – In fact, the judgment of the Appellate Authority shows that the attention of the Appellate Authority was invited to the aforesaid condition no.4 – After having acted upon the ex-post facto CTE dated 18th October 2017, the appellant cannot be allowed to approbate and reprobate.
SUPREME COURT OF INDIA DIVISION BENCH M/S SWETA ESTATE PVT. LTD. GURGAON — Appellant Vs. HARYANA STATE POLLUTION CONTROL BOARD AND ANOTHER — Respondent ( Before : Abhay S. Oka…

