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2018 DIGILAW 54 (CAL)

State of Chhattisgarh v. Sudarshan Das

2018-01-09

DEBASISH KAR GUPTA, SHEKHAR B.SARAF

body2018
JUDGMENT : 1. This matter has been appearing before this Bench after releasing the same by a Division Bench presided by the learned Acting Chief Justice. 2. This matter relates to an application filed under Article 226 of the Constitution of India. The subject matter of challenge in this writ application is an order dated July 26, 2017 passed by the learned National Green Tribunal, Eastern Zone Bench and the subsequent order passed thereto. 3. We find that the writ petitioner is a party before the learned Tribunal. 4. Therefore, this is an application filed under Article 226 of the Constitution of India under Group-IX of the Classification List of the Appellate Side Rules of this Court challenging an order passed by the learned Tribunal which has been created under the National Green Tribunal Act, 2010. In other words, it is not a “Public Interest Litigation” in its true sense. 5. Further, this is an application filed under Article 226 of the Constitution of India against an order passed by a Tribunal which has not been created under Article 323A or 323B of the Constitution of India. So, a Division Bench of this High Court has no jurisdiction to entertain an application under Article 226/227 of the Constitution of India. 6. The National Green Tribunal, Eastern Zone Bench has been created under the National Green Tribunal Act, 2010, which is an enactment of the Parliament in exercise of 7th power conferred under Article 246, Schedule, List I, Entry No.13 read with Article 253. 7. Under the Appellate Side Rules of this High Court, a Single Bench of this Court has the jurisdiction to entertain an application under Article 226 of the Constitution of India. 8. No material is produced before this Court to arrive at a contrary view to the above finding. It will not be out of context to observe that though a true copy of the judgment passed by the Hon’ble Supreme Court on April 16, 1996 in the matter of Howrah Ganatantrik Nagarik Samity Vs. State of West Bengal & Others (In re: Writ Petition(C) No.380 of 1995) is produced before us by Mr. It will not be out of context to observe that though a true copy of the judgment passed by the Hon’ble Supreme Court on April 16, 1996 in the matter of Howrah Ganatantrik Nagarik Samity Vs. State of West Bengal & Others (In re: Writ Petition(C) No.380 of 1995) is produced before us by Mr. Kallol Basu, learned Advocate appearing for the respondent no.1/applicant to submit that in compliance of the above order a Division Bench has been constituted in this Court to take up the matters relating to Environment and Pollution Control treating the same as “Public Interest Litigation”, we are of the view that at the material point of time the National Green Tribunal Act, 2010 was not in existence. After promulgation of the above Act, there is a change in scenario and the Tribunal created under the above Act has been discharging the function as a Court of first instance. There is no scope to approach this Court directly in a matter relating to Environment and Pollution Control. 9. Let this matter be released from our list for placing before the Hon’ble Acting Chief Justice for reconsideration in the light of the observations made hereinabove. 10. We make it clear that we have not expressed our opinion with regard to the point of maintainability of this writ application before this High Court.