Dismissed
Smt Munni Devi v. Raj State Pollution Control Ors.
Rajasthan HCCW/2696/2012
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from the order text
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CIVIL WRIT PETITION NO.2696/2012 IN THE HIGH…
What the court decided
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CIVIL WRIT PETITION NO.2696/2012 IN THE HIGH…
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{1} SB CIVIL WRIT PETITION NO.2696/2012
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
O R D E R
S.B. CIVIL WRIT PETITION NO.2696/ 2012
SMT. MUNNI DEVI Vs. RAJASTHAN STATE POLLUTION CONTROL BOARD & ORS.
DATE:22.01.2014
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Sudesh Bansal, for the petitioner. Mr. Akhil Simlote and Mr. Saurabh Saraswat, for the respondents.
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 petition is listed before the court. In the aforesaid case, following directions have been given in Para 39 thus it is quoted hereinunder for ready reference:
“ 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 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.”
Learned counsel for the parties do not dispute that the instant proceedings come within the purview of the law and/ or an issue
{2} SB CIVIL WRIT PETITION NO.2696/2012
contemplated in the above judgment.
In this view of the matter, this petition stands transferred to the National Green Tribunal for disposal. For a period of four weeks, the
interim order would be continued, if it exists.
The Registry would do the needful. The petition is disposed
of on transfer.
(M.N. BHANDARI),J. / KKC/ Certificate:
/ KKC/
All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed. KAMLESH KUMAR P.A.
Colour shows how this judgement treated each authority
Bhopal Gas Peedith Mahila Udyog Sangathan & Ors. Vs. Union of India & Ors.Referred¶10
Bhopal Gas Peedith Mahila Udyog Sangathan & Ors. Vs. Union of India & Ors., Writ Petition (Civil) No.50/1998
Smt. Munni Devi
Rajasthan State Pollution Control Board
M.N. Bhandari
As recorded by the court registry
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