The court dismissed this PIL seeking to stop brick kiln activities. Relying on Bhopal Gas Tragedy judgment, the court held that environmental pollution matters fall under National Green Tribunal jurisdiction and High Courts should not entertain such writs, directing dismissal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 34
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 909 of 2019 Petitioner :- Prem Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Abhijit Mishra,Dinesh Raghav Counsel for Respondent :- C.S.C.,Hari Nath Tripathi, A.K. Trivedi, M.A. Abbadi, Vishnu Pratap
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
Bhopal Gas Peedith Mahila Udyog Sangathan and others Vs. Union of India and others (2012) 8 SCC 326 has held as under:
“ 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 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 Act and/or in Schedule I to the NGT Act shall stand transferred and can be instituted only before the NGT. ” (emphasis added)
Order Date :- 26.4.2019 PS
3 issues framed by the court
Whether this writ petition under Article 226 of Constitution seeking to stop illegal brick kiln activity should be entertained when statutory remedies exist under Cr.P.C. and National Green Tribunal A
Whether matters involving pollution under the National Green Tribunal Act should be instituted before the High Court or the National Green Tribunal.
Whether the petitioner has statutory remedy under Section 133 Cr.P.C. or before National Green Tribunal for hazardous activities amounting to nuisance or pollution.
Colour shows how this judgement treated each authority
Bhopal Gas Peedith Mahila Udyog Sangathan and others Vs. Union of India and othersApplied¶7
Bhopal Gas Peedith Mahila Udyog Sangathan and others Vs. Union of India and others (2012) 8 SCC 326 · Who else cites this
3 provisions across 3 enactments
Prem Singh
State Of U.P.
Sudhir Agarwal
Rajendra Kumar-IV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
