JUDGMENT IA No. 460 1. By way of last indulgence, two weeks time is granted so as to enable the Forest Advisory Committee to file an affidavit in terms of this Court's order dated 13-10-2008. We make it clear that if no affidavit is filed within the aforesaid period, a strict view of the matter shall be taken. 2. List after three weeks. IAs Nos. 475 and 484 3. By this Court's order dated 22-8-2005, it was directed: "All pending applications and applications to be made relating to brick kiln or challenging the decisions of the Special Committee set up by this Court are to be made before the court having jurisdiction in these matters." 4. It is stated by Mr. Panjwani, learned counsel for CPCB, that several suits have been filed in different courts, questioning the order of the said Special Committee and in that view of the matter the said order dated 22-8-2005 may be amended by inserting the word "High" after the words "are to be made before the" and before the words "Court having jurisdiction in these matters". We are not persuaded to pass this order as the civil courts having territorial jurisdiction will have jurisdiction to decide the said suits in terms of Section 9 of the Code of Civil Procedure. 5. However, keeping in view the fact that the said suits and/or an interim order shall be disposed of for the purpose of giving effect to this. Court's order dated 22-8-1985, we in exercise of our jurisdiction under Article 142 of the Constitution of India, direct that in the event an application is filed by the Special Committee as also the State Pollution Control Board, questioning the jurisdiction of the said courts, being barred under Section 46 of the Air (Prevention and Control of Pollution) Act, 1981, the same should be disposed of as expeditiously as possible and not later than four weeks from the date of i filing of such applications. 6. These IAs are disposed of accordingly. IA No. 470 7. An affidavit in response to the IA has been filed on behalf of the State by the Secretary, Agra Development Authority. Rejoinder thereto, if any, may J be filed within two weeks. 8. It is stated at the Bar that response to the Monitoring Committee's Report has not been filed as yet. Let it be filed within three weeks. 9.
An affidavit in response to the IA has been filed on behalf of the State by the Secretary, Agra Development Authority. Rejoinder thereto, if any, may J be filed within two weeks. 8. It is stated at the Bar that response to the Monitoring Committee's Report has not been filed as yet. Let it be filed within three weeks. 9. Put up after three weeks. IA No. 474 10. Let this IA also be listed on the next date of hearing. Court Masters