Dismissed

Diwakar Singh Rana v. Pollution Control Board

NGT8 Aug 2025Original Application No. 101/2025

Case brief

AI extract

What is this about?

The NGT bench dismissed an application alleging violations of Town and Country Planning, Municipal Acts, and mineral regulations concerning a railway siding. The court held that civil/criminal remedies exist elsewhere and the matter is pending before the Assembly, rendering the application non-maintainable.

What did the court decide?

Application dismissed as not maintainable; granted stay on intervention pending Assembly consideration.

Diwakar Singh Rana vs Pollution Control Board — Environment and Pollution | NGT (2025)

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Item No. 01

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Original Application No. 101/2025(CZ)

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Diwakar Singh Rana Applicant (s)

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Vs.

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State of Chhattisgarh & Ors. Respondent(s)

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Date of Hearing: 08.08.2025

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

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For Applicant (s): Mr.Taksheel Boudhu, Adv. For Respondent(s) :

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ORDER

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The first grievance of the applicant is operation of the railway siding in contravention to the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam 1973 (Chhattisgarh Town And Country Planning Act 1973) and second is non-compliance and violation of provisions of Section 197 (1) of the Chhattisgarh Municipal Act, 1961 and it is alleged that the respondent no. 5 does not possess any valid building permission and it is in violation of above rules. Third grievance as alleged is violation of Chhattisgarh Minerals Mining Transportation and Storage use 2009. Fourth grievance is to take civil and criminal action against the above violations.

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The violations as noted above may be challenged before appropriate forum as contained in Chhattisgarh Town and

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O.A. No. 101/2025(CZ

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Diwakar Singh Rana vs State of Chhattisgarh & Ors.

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Planning Act 1973 or Chhattisgarh Municipal Act, 1961. The applicant has proper and efficacious remedy to file an application of review or appeal against the order before the appropriate administrative forum to take suitable action. So far as civil and criminal actions are concerned, the applicant may move an application before the concerned court.

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The matter with regard to railway siding of Akaltara District Jangir Champa in Chhattisgarh was raised before the competent authority Nagriya Prashasan Bilaspur Chhattisgarh with the facts of lease, diversion of land, loading and unloading. It is alleged that document which is said to be issued by the some authorities was found not traceable in the office, is a matter of official record and enquiry may be done by the competent official of the department.

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However, the matter as raised in this application has been raised before the Assembly and it is pending. It is not desirable to intervene in the matter when the issue has been taken at the forum of highest level. The issues relating to Town and Country Planning or Municipal Act or Lease or Patta are not within the Schedule-I of the National Green Tribunal Act and thus application as filed is not maintainable, the applicant may approach to the appropriate forum for appropriate remedy and as per records the same has been taken by the competent authorities and is pending for decision. Accordingly, the application is not maintainable.

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O.A. No. 101/2025(CZ

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Diwakar Singh Rana vs State of Chhattisgarh & Ors.

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The Original Application No. 101/2025(CZ) is disposed of accordingly.

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Sheo Kumar Singh, JM

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Dr. Afroz Ahmad, EM

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8^th August, 2025 O.A. No. 101/2025(CZ) K

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O.A. No. 101/2025(CZ

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Diwakar Singh Rana vs State of Chhattisgarh & Ors.

Diwakar Singh Rana v. Pollution Control Board

Case brief

What is this about?

What did the court decide?

Diwakar Singh Rana v. Pollution Control Board

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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Case details

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