Disposed

Smt. Homai Firdous Khergamvala and Ors. v. State of Maharashtra Thr Prin. Secretary, Dept. of Tourism and Cultural Affairas and Ors.

Bombay HC27 Feb 2024PIL/20/2024

Case brief

AI extract

What is this about?

The petitioners filed a PIL alleging illegal tree felling in a reserved forest, having previously withdrawn a complaint from the NGT. The Court held that under Section 14 of the NGT Act, environmental disputes fall within the Tribunal's jurisdiction and directed the petitioners to approach the NGT instead.

What did the court decide?

Permission granted to approach the National Green Tribunal with expedition.

Smt. Homai Firdous Khergamvala and Ors. Vs State of… — Environment and Pollution | Bombay HC (2024)

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906-PIL.20.2024

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Jvs.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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PUBLIC INTEREST LITIGATION NO. 20 OF 2024

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Smt. Homai Firdous } Khergamvala & Ors. } Petitioners versus State of Maharashtra & Ors. } Respondents

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Kshitija G. Sarangi for the petitioners.

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Mr. P. P. Kakade, Government Pleader with Mr. O. A. Chandurkar, Additional Government Pleader and Ms. G. R. Raghuwanshi, AGP for respondents 1 to 5 (State).

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CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

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DATE: 27^th FEBRUARY 2024

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P.C.:

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1. Heard Ms. Sarangi, learned counsel for the petitioners and Mr. Kakade, learned Government Pleader representing the State.

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2. The primary grievance raised in this PIL petition is in respect of cutting of certain number of trees in an area, which, according to the Petitioners, is a reserved forest. In paragraph D(1)(e) of the writ petition, it has been stated by the petitioners that after approaching various authorities with the complaint relating to the alleged illegal felling of trees, petitioner no. 7 approached the National Green Tribunal, Western Zone at Pune (hereafter referred to as “the NGT, Pune”) and filed a complaint against the alleged illegal activity of cutting trees, whereupon, the NGT, Pune, looking at the seriousness of the on-line

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906-PIL.20.2024

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complaint, registered the same under the Environment (Protection) Act, 1986. However, it has further been stated that since the petitioners preferred to put this matter before this Court as a PIL petition, hence, the on-line complaint was withdrawn.

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3. Section 14 of the National Green Tribunal Act, 2010 provides for jurisdiction and powers of the Tribunal, according to which, the Tribunal shall have the jurisdiction over all civil cases where question relating to environment is involved and such question arises out of implementation of various enactments enlisted in Schedule I.

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4. Having regard to the averments made in the PIL petition and also taking into consideration that the complaint was made by petitioner no. 7 before the NGT, Pune and it was taken serious note of as well, we permit the petitioners to approach the NGT, Pune for redressal of their grievances by filing an appropriate petition in terms of the provisions of the National Green Tribunal Act, 2010 and the National Green Tribunal (Practices and Procedure) Rules, 2011. The petitioners are also permitted to make an appropriate application seeking interim injunction/relief as well, along with the petition and in case any such petition and miscellaneous application seeking interim injunction/relief is moved by the petitioners before the NGT, Pune, the same shall be considered and decided strictly in accordance with law, with expedition.

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5. The PIL petition is disposed of in the aforesaid terms.

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JAYANT VISHWANATH SALUNKE

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Digitally signed by JAYANT VISHWANATH SALUNKE Date: 2024.02.27 17:30:49 +0530

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(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)

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Smt. Homai Firdous Khergamvala and Ors. v. State of Maharashtra Thr Prin. Secretary, Dept. of Tourism and Cultural Affairas and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Homai Firdous Khergamvala and Ors. v. State of Maharashtra Thr Prin. Secretary, Dept. of Tourism and Cultural Affairas and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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