Allowed

The Ratnagiri Zilla Jagruk Manch and Ors. v. the State of Maharashtra and Ors.

Bombay HC6 Mar 2013PIL/131/2006

Case brief

AI extract

What is this about?

Counsel for the respondent invoked a National Green Tribunal decision regarding the present grievance. The court permitted the withdrawal of the PIL with liberty to approach the National Green Tribunal for appropriate substantive remedies, keeping all questions open.

What did the court decide?

Permission to withdraw the Petition with liberty to pursue appropriate remedy before the National Green Tribunal.

The Ratnagiri Zilla Jagruk Manch and Ors. Vs the… — Writ and Judicial Review | Bombay HC (2013)

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PIL.131.2006.2.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE

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PUBLIC INTEREST LITIGATION NO. 131 OF 2006

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THE RATNAGIRI ZILLA JAGRUK MANCH AND ORS. :- PETITIONERS VERSUS THE STATE OF MAHARASHTRA AND ORS. :- RESPONDENTS

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WITH CIVIL APPLICATION NO. 97 OF 2007

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PUBLIC INTEREST LITIGATION NO. 131 OF 2006

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Mr. B. D. Joshi, for the Petitioners.

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Mr. N. P. Deshpande, AGP, for Respondent Nos. 1, 2 and 5.

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Mr. Abhay L. Patki, for Respondent No. 4.

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Ms. Cynthia Pereira, i/b. M/s. Rajani Associates, for Respondent No. 6.

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Mr. Dikshit, Mehra, i/b. M/s. RMG Law Associates, for Respondent No. 7.

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Mr. D. A. Dubey, for Respondent Union of India.

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Mr. C. M. Lokesh, for Respondent No. 8.

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CORAM :- A.M.KHANWILKAR & A.P.BHANGALE,JJ.

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DATED :- MARCH 6, 2013 P.C. :-

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Counsel for Respondent No. 4 has invited our attention

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to the decision of the National Green Tribunal, New Delhi Principal

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Bench dated 29^th November, 2011 in Appeal No. 21 of 2011.

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Page 1 of 2

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PIL.131.2006.2.doc

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According to Respondent No. 4, the grievance made in the present Petition (PIL) has been dealt with in this decision by the Green Tribunal.

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Realising this position, Counsel for the Petitioner submitted that, in that case, the Petitioner be permitted to withdraw this Petition with liberty to pursue appropriate remedy including substantive remedy in respect of issues which have not been dealt with by the Green Tribunal. In all fairness, Counsel for the Petitioner submits that after coming into force of the National Green Tribunal Act, 2010, the Petitioner may have to pursue remedy before the Tribunal in the first place.

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Accordingly, the Petition (PIL) is allowed to be withdrawn with liberty as prayed for. All questions are left open. In view of withdrawal of the Petition (PIL), companion Civil Application is also disposed of.

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(A.P.BHANGALE,J.) (A.M.KHANWILKAR,J.)

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J.V.Salunke,PA

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Page 2 of 2

The Ratnagiri Zilla Jagruk Manch and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

The Ratnagiri Zilla Jagruk Manch and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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