The High Court, in a writ petition challenging directions under the Water Act, 1974, held that the petitioner has an alternate statutory remedy. The petition was disposed of without adjudicating the merits of the challenge.
Writ petition disposed of with liberty to proceed under statutory remedy.
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.
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12986 OF 2018
Vinaychand M. Shah .. Petitioner Vs.
The Administrator of Daman and Diu and Dadra and Nagar Haveli , Daman and ors. .. Respondents
Mr.Vyom Shah a/w Mr.Sachin Mahagavkar and Mr.Jimish Shah I/b Divya Shah Associates, for the Petitioner. Mr.Shrishailya S. Deshmukh, for Respondents No.1, 2 & 4. Mr.Y.R. Mishra a/w Mr.N.R.Prajapati, for Respondent No.5 – Union of India.
CORAM : NARESH H. PATIL, CHIEF JUSTICE & M.S.KARNIK, J.
DATE : 21st NOVEMBER, 2018
P.C. :
The Petitioner challenges an order passed by the
Member Secretary under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 (for short 'Act').
National Green Tribunal which reads as under :
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“ 33B. Appeal to National Green Tribunal. —Any person aggrieved by,—
(a) an order or decision of the appellate authority under section 28, made on or after the commencement of the National Green Tribunal Act, 2010; or
(b) an order passed by the State Government under section 29, on or after the commencement of the National Green Tribunal Act, 2010; or
(c) directions issued under section 33A by a Board, 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 Petitioner also seeks declaration that the directions
contained in the notice dated 05/11/2018 is ultra-vires the provisions of the Act and also prayed other reliefs in the Petition.
the Petitioner has an alternate efficacious statutory remedy also under Section 14 of the National Green Tribunal Act, 2010.
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impugned order, we are of the view that the Petitioner may resort to the statutory remedy provided.
(M.S.KARNIK, J.) (CHIEF JUSTICE)
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2 issues framed by the court
Whether the petitioner is entitled to approach the High Court for declaration regarding directions issued under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974.
Whether the statutory remedy provided under Section 33-B and Section 14 of the National Green Tribunal Act, 2010 is available as an alternate efficacious remedy.
2 provisions across 1 enactments
Vinaychand M. Shah
The Administrator of Daman and Diu and Dadra and Nagar Haveli
NARESH H. PATIL
M.S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
