Disposed

M/S Vimal Grit Udyog v. State Environment Depors

Rajasthan HC22 Jan 2014CW/1952/2012

Case brief

AI extract

What is this about?

Single judge order transferring four consecutive writ petitions regarding environmental law matters to the National Green Tribunal pursuant to directions in Bhopal Gas Peedith Mahila Udyog Sangathan Vs. Union of India, continuing existing interim orders.

What did the court decide?

Petitions transferred to National Green Tribunal for disposal; interim orders continued for four weeks.

M/S Vimal Grit Udyog Vs State Environment Depors — Writ and Judicial Review | Rajasthan HC (2014)

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{1} SB CIVIL WRIT PETITION NO.1110/2012 & THREE OTHER WRIT PETITIONS

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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O R D E R

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(1) S.B. CIVIL WRIT PETITION NO.1110/ 2012 M/ s RAO JOGENDRA GRIT UDHYOG Vs. STATE OF RAJASTHAN & ORS. WITH

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(2) S.B. CIVIL WRIT PETITION NO.1111/ 2012

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M/ s RAO YOGENDRA GRIT UDHYOG Vs. STATE OF RAJASTHAN & ORS. WITH

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(3) S.B. CIVIL WRIT PETITION NO.1952/ 2012 M/ s VIMAL GRIT UDYOG Vs. STATE OF RAJASTHAN & ORS. WITH (4) S.B. CIVIL WRIT PETITION NO.1953/ 2012 M/ s BAHUBALI STONE CRUSHER Vs. STATE OF RAJASTHAN & ORS.

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DATE:22.01.2014

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HON'BLE MR. JUSTICE M.N. BHANDARI

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Mr. S.K. Shukla, for the petitioner. Mr. S.N. Kumawat, AAG, Mr. Akhil Simlote, Mr. Ashwani Chobisa Mr. N.S. Chauhan on behalf of Mr. R.D. Rastogi, for the respondents. ****

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Pursuant to the judgment and order dated 09.08.2012 passed by Hon'ble Apex Court in the case of Bhopal Gas Peedith Mahila Udyog Sangathan & Ors. Vs. Union of India & Ors., Writ Petition (Civil) No.50/1998 , writ petitions are listed before the court. In the aforesaid case, following directions have been given in Para 39 thus it is quoted hereinunder for ready reference:

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“ We find it imperative to place on record a caution for consideration of the courts of competent jurisdiction that the cases filed and pending prior to coming into force of the NGT Act, involving questions of environmental laws and/ or relation to any of the seven statutes specified in scheme 1 of

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{2} SB CIVIL WRIT PETITION NO.1110/2012 & THREE OTHER WRIT PETITIONS

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the NGT Act, should also be dealt with by the specialized tribunal that is the NGT, created under the provisions of the NGT Act. The Courts may be well advised to direct transfer of such cases to the NGT in its discretion, as it will be in the fitness of administration of justice.”

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Learned counsel for the parties do not dispute that the

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instant proceedings come within the purview of the law and/ or an issue contemplated in the above judgment.

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In this view of the matter, these petitions stand transferred to the National Green Tribunal for disposal. For a period of four weeks,

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the interim order would be continued, if it exists.

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The Registry would do the needful. The petitions are disposed of on transfer.

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(M.N. BHANDARI),J.

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/ KKC/

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Certificate:

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All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.

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KAMLESH KUMAR P.A.

M/S Vimal Grit Udyog v. State Environment Depors

Case brief

What is this about?

What did the court decide?

M/S Vimal Grit Udyog v. State Environment Depors

Case brief

What is this about?

What did the court decide?

What the court decided

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