Section5A
The Environment (Protection) Act, 1986

Appeal to National Green Tribunal

In force From 19 Nov 1986 Act 29 of 1986 As on 16 Oct 2026

Act 29 of 1986 Ministry Environment, Forest and Climate Change Enacted 23 May 1986 In force 19 Nov 1986

Section 5A of the Environment (Protection) Act, 1986 deals with appeal to National Green Tribunal. Any person aggrieved by any directions issues under section 5, on or after the commencement of the National Green Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act. The Act came into force on 19 Nov 1986.

1[ 5A. Appeal to National Green Tribunal.—Any person aggrieved by any directions issues under section 5, on or after the commencement of the National Green Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.]

Section 5A, The Environment (Protection) Act, 1986 (Act 29 of 1986).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. M/s Indian Oil Corporation Limited v. V.B.R. Menon

    Supreme Court of India 14 Mar 2023 Binding (Supreme Court — NGT may direct CPCB to exercise EPA s.5 powers; EPA s.5A makes s.5 directions appealable to NGT; CTE/CTO not mandatory for petroleum retail outlets where CPCB 2020 guidelines are strictly enforced) C.A. No. 421/2022 (SC); Judgment 14.03.2023 (A.S. Bopanna & J.B. Pardiwala JJ.; AI analysis also lists Sudhanshu Dhulia / J.B. Pardiwala)

    Court's Decision & Legal Precedent

    Challenging NGT directions that CPCB must, under EPA s.5, make Consent to Establish/Operate mandatory for all petroleum retail outlets (while also requiring vapour-recovery systems), oil marketing companies argued the consent regime was disproportionate. The Supreme Court affirmed NGT’s power to direct CPCB to exercise statutory EPA s.5 authority for environmental protection, and expressly mapped the 2010 insertion of EPA s.5A (appeal to NGT against s.5 directions) as the statutory appellate pathway for s.5 directions issued by the Central Government or a s.3(3) delegate. On the merits it modified the NGT consent mandate: where CPCB’s comprehensive 2020 retail-outlet guidelines addressing environmental safeguards are scrupulously adhered to and enforced, requiring CTE/CTO for every petroleum retail outlet is neither necessary nor reasonable; VRS installation requirements were upheld.

    On this section: Court expressly analyses EPA s.5A (inserted by the NGT Act) as the appeal route for persons aggrieved by directions under s.5, situating s.5A within the s.3(3)/s.5 delegation architecture — locking empty s.5A teaching content.

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 5A

What have the courts held on Section 5A of the Environment (Protection) Act?

M/s Indian Oil Corporation Limited v. V.B.R. Menon (14 Mar 2023) is the leading judgment on this section among those set out below: Court expressly analyses EPA s.5A (inserted by the NGT Act) as the appeal route for persons aggrieved by directions under s.5, situating s.5A within the s.3(3)/s.5 delegation architecture — locking empty s.5A teaching content.

How do I find court cases under Section 5A of the Environment (Protection) Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Environment Act 5A, section 5A Environment Act, section 5A of the Environment (Protection) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with M/s Indian Oil Corporation Limited v. V.B.R. Menon (14 Mar 2023).

What should I read with Section 5A of the Environment (Protection) Act, and has it changed?

Its own text turns on section 5 (Power to give directions), National Green Tribunal Act 3 (Establishment of Tribunal), so none of them can safely be read on its own.

When did Section 5A of the Environment (Protection) Act come into force?

Section 5A of the Environment (Protection) Act, cited as Environment Act 5A, came into force on 19 Nov 1986, having been enacted on 23 May 1986. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.