Petitioner challenged an order directed to close its unit and deposit compensation under Section 5 of the Environment Protection Act. The Court held that since an equally efficacious appeal remedy exists, the petition was not entertained and was disposed of, leaving the petitioner to avail alternative remedies.
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M/S DHANASHREE AGRO PRODUCTS PVT. LTD. ..... Petitioner Through: Mr Sanjeev Kumar Singh and Mr Shighra Kumar, Advocates.
versus
CENTRAL POLLUTION CONTROL BOARD ..... Respondent Through: Mr Tushar Mehta, Solicitor General of India with Ms Vipra Bhardwaj, Standing Counsel with Ms Swati Ghildiyal and Ms Urmila Thakur, Advocates. Mr Rajesh Gogna, CGSC with Mr Kamaldeep, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R
% 05.07.2019
order is appealable under Section 5A of the Environment (Protection) Act, 1986. In addition, he submits that the compensation has been demanded pursuant to the earlier orders passed by National Green Tribunal.
VIBHU BAKHRU, J
JULY 05, 2019 RK
3 issues framed by the court
Whether the Court should entertain a petition challenging an order under Section 5 of the Environment (Protection) Act, 1986, when an equally efficacious remedy of appeal exists under Section 5A.
Whether the National Green Tribunal invested the Central Pollution Control Board with powers to levy compensation.
The scope of the Court's jurisdiction to entertain the petition.
M/S DHANASHREE AGRO PRODUCTS PVT. LTD.
CENTRAL POLLUTION CONTROL BOARD
VIBHU BAKHRU
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
