The High Court set aside an impugned order of the State Human Rights Commission and a prior basic order, directing the petitioner to approach the Competent Authority for environmental pollution redressal.
Impugned order of Commission and basic order dt.9.8.2010 set aside; petitioner directed to approach Competent Authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
PRESENT
THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR
WRIT PETITION NO.32968 OF 2010
DATED:28.12.2010
Between: A. Rajendra Kumar … Petitioner And
The State Human Rights Commission Rep. by its Registrar, Gruha Kalpa Complex M.J. Road, Nampally, Hyderabad and another … Respondents
THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR
WRIT PETITION NO.32968 OF 2010
ORDER: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru)
Heard Shri S. Sharath Kumar, learned counsel for the petitioner and Shri Deepak Bhattacharjee, learned Standing Counsel for the second respondent.
Although we are in agreement with the learned counsel for the petitioner that the impugned order passed by the State Human Rights Commission is without jurisdiction, yet, setting it aside would revive basic order dated 9.8.2010, which too is bad in law, as environmental pollution measures are redressible by a separate statutory mechanism. We therefore set aside impugned order of Commission as well as basic order dt.9.8.2010. However, nothing prevents the petitioner to approach the Competent Authority for redressal of his grievance. Disposed of.
VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ
28-12-2010
B. Narsinga Rao
A. Rajendra Kumar
The State Human Rights Commission
another
Nisar Ahmad Kakru
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
