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IN THE HIGH COURT OF DELHI AT NEW
DELHI
W.P.(C) 9901/2009 SUKHDEV VIHAR RESIDENTS WELFARE ASSOC. and ORS. ..... Petitioners Through: Shri Arvind Nigam, Sr. Adv. with Mr. K.K.Rohtagi, Ms. Divya Bansal and Mr. Bhuvnesh Sehgal, Adv.
versus
STATE and ORS. ..... Respondents Through: Mr. Nazmi Waziri, Adv. for GNCTD and NDMC.
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN O R D E R 23.01.2013 The writ petition concerns environmental issues covered under Schedule-I of the National Green Tribunal Act, 2010. By virtue of the said Act, particularly, Section 14, 29, 30 and 38(5), the matter concerning environmental issues covered in Schedule-I shall now be dealt with by the National Green Tribunal and decided under the said Act. The said issue came to be considered by the Apex Court in Bhopal Gas Peedith Mahila Udyog Sangathan vs. Union of India, (2012)8 SCC 326. Insofar as the fresh cases are concerned, the Apex Court had directed that all matters instituted after coming into the force of NGT Act, i.e. on 18th October, 2010 shall stand transferred and fresh cases can be instituted only before the NGT. Insofar as the cases pending trial at the time of coming into force of the said Act, as is the present case, the Apex Court directed that the Court may be well-advised to transfer such cases to NGT in its discretion. For a better appreciation, we quote paras 40 and 41 of the said judgment: 40. Keeping in view the provisions and scheme of the National Green Tribunal Act, 2010 (for short the NGT Act ) 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 NGT ). Such approach may benecessary 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 Act and/or in Schedule I to the NGT Act shall stand transferred and can be instituted only before the NGT. This will help in rendering expeditious and specialized justice in the field of environment to all concerned. 41. 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 the NGT, created under the provisions of the NGT Act. The Courts may be well advised to direct transfer of such cases to the NGT in its discretion, as it will be in the fitness of administration of justice.
In our
opinion, the issue raised in this petition being covered under Schedule-I of
the Act, we deem it appropriate to transfer the same to National Green
Tribunal for adjudication. In fact, there is no opposition for such
direction, be it the appellant or the respondent. The parties agree that the
issue of jurisdiction will not be raised before the Tribunal.
The Registry is directed to transfer this writ petition to the National Green Tribunal for adjudication. The interim order granted on 15.9.2010, shall continue till such time the same is considered by the Tribunal and the appropriate orders are passed. The petition should be transferred in a week s time so that it can be placed before the Tribunal for consideration in a week s time thereafter. CHIEF JUSTICE V.K. JAIN, J JANUARY 23, 2013 |
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