Court No. - 34
Case :- WRIT - C No. - 26914 of 2019
Petitioner :- Hukam Singh
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R.K Singh Gaharwar Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri R.K.Singh Gaharwar, learned counsel for petitioner and learned Standing Counsel for State.
2. Grievance of petitioner is that his agricultural land bearing Khata No.24 situate in Village-Ajitpur Asna, Pargana and Tehsil-Koil, District- Aligarh is being polluted by a private chemical factory. However, said private chemical factory has not been made party to this writ petition.
3. If there is any water pollution by some private party, it is always open to petitioner to bring this fact in the knowledge of competent authority of U.P. Pollution Control Board who is empowered to take appropriate legal action under the provisions of Water (Prevention and Control of Pollution) Act, 1954 (hereinafter referred to as “Act, 1954”) if he finds any violation of provisions of the said Act and can also approach the Court by making an application under Section 33 of the said Act whereupon competent Court is empowered to pass appropriate order desisting the person concerned from causing such pollution.
4. Moreover, since the matter is within the domain of environmental pollution, petitioner has statutory remedy before National Green Tribunal Act, 1910 (hereinafter referred to as “Act, 1910”) and in such matters, where National Green Tribunal has jurisdiction, Supreme Court in Bhopal Gas Peedit Mahila Udyog Sangathan and others vs. Union of India and others (2012) 8 SCC 326 has held as under:
"Keeping in view the provisions and scheme of the National Green Tribunal Act, 2010 (for short the 'NGT Act') particularly Sections 14, 29, 30 and 38(5), it can safely be concluded that the environmental issues and matters covered under the NGT Act, Schedule 1 should be instituted and litigated before the National Green Tribunal (for short 'NGT '). Such approach may be necessary to avoid likelihood of conflict of orders between the High Courts and the NGT. Thus, in unambiguous terms, we direct that all the matters instituted after coming into force of the NGT Act and which are covered under the provisions of the NGT Act and/or in Schedule I to the NGT Act shall stand transferred and can be instituted only before the NGT.”
(emphasis added)
5. In view thereof, since the petitioner has statutory remedy before statutory Authority/Forum, in our view, the writ petition is not maintainable and is dismissed accordingly.
Order Date :- 22.8.2019 Ashish Pd.