Awdhesh Singh Bhadauriya vs Union Of India And Others

Petitioner vide present Writ Petition seeks following reliefs:-

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izkjaHk fd;k tkosA

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isM+ dkV fn, x, ogka ij jsfyax vkSj fMokbZMj ds lkFk cgqmi;ksxh o`{kksa dks yxk;k tkosA

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mUgsa Xokfy;j 'kgj ls ckgj LFkkfir fd;k tkosA

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11¼th½ ;g fd] U;k;fgr esa tks mfpr ,oa vko';d gks vkns'k@funsZ'k tkjh fd, tkosaAâ€​

The petition has been entertained as Public Interest Litigation and few orders have been passed with reference to the cause raised by the petitioner

relating to the pollution. Now a preliminary objection is raised on behalf of respondents No. 2 & 7 as to maintainability of the petition in view of the

enactment of National Green Tribunal Act, 2010.

The objection is raised on the anvil of the stipulations contained under Section 14 of the Act of 2010, and the decision by the Supreme Court in Bhopal

Gas Peedith Mahila Udyog Sangathan and others Vs. Union of Indian and others [(2012) 8 SCC 326].

Section 14 of the Act of 2010 envisages:-

“14 Tribunal to settle disputes. -

(1) The Tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal

right relating to environment), is involved and such question arises out of the implementation of the enactments specified in Schedule I.

(2) The Tribunal shall hear the disputes arising from the questions referred to in sub- section (1) and settle such disputes and pass order thereon.

(3) No application for adjudication of dispute under this section shall be entertained by the Tribunal unless it is made within a period of six months from

the date on which the cause of action for such dispute first arose:

Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period,

allow it to be filed within a further period not exceeding sixty days.â€​

In Bhopal Gas Peedith Mahila Udyog Sangathan (supra), it is held:-

“40. Keeping in view the provisions and scheme of the National Green Tribunal Act, 2010 (for short the “NGT Actâ€)

particularly Sections 14, 29, 30 and 38(5), it can safely be concluded that the environmental issues and matters covered under the NGT

Act, Schedule 1 should be instituted and litigated before the National Green Tribunal (for short “NGTâ€).  Such  approach  may Â

be necessary to avoid likelihood of conflict of orders between the High Courts and the NGT. Thus, in unambiguous terms, we direct that all the

matters instituted after coming into force of the NGT Act and which are covered under the provisions of the NGT ActÂ

and/or in Schedule I to the NGT Act shall stand transferred and can be instituted only before NGT. This will help in rendering expeditious andÂ

specialized justice in the field of environment to all concerned.

We find it imperative to place on record a caution for consideration of the courts of competent jurisdiction that the cases filed and pending prior to

coming into force of the NGT Act, involving questions of environmental laws and/or relating to any of the seven statutes specified in Schedule I of the

NGT Act, should also be dealt with by the specialized tribunal, that is, NGT, created under the provisions of the NGT Act. The Courts may be well

advised to direct transfer of such cases to NGT in its discretion, as it will be in the fitness of administration of justice.â€​

Though it is contended on behalf of the petitioner to transfer the present petition to the National Green Tribunal. However, no statutory provisions are

commended at to facilitate the transfer of the case. Nor the observations by their Lordships in Bhopal Gas Peedith Mahila Udyog Sangathan (supra)

would be of any assistance, as the petition is filed much after the enactment of Act of 2010. In this context, we respectfully disagree with view of the

Division Bench of the High Court of Judicature for Rajasthan in Civil Writ Petition No. 2844/2011 [Digvijay Singh Vs. State of Rajasthan & others]

decided on 16/12/2013.

In view whereof, the petitioner is relegated to avail the remedy before the National Green Tribunal.

The petition is disposed of finally in above terms. No costs.