Court No. - 34
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 909 of 2019
Petitioner :- Prem Singh
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Abhijit Mishra,Dinesh Raghav
Counsel for Respondent :- C.S.C.,Hari Nath Tripathi, A.K. Trivedi, M.A. Abbadi, Vishnu Pratap
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Abhijeet Mishra, Advocate, for petitioner; and, Sri A.K. Trivedi, Sri M.A. Abbasi and Sri Vishnu Pratap, Advocates, for respondents.
2. This writ petition under Article 226 of Constitution has been filed as Public Interest Litigation seeking a writ of mandamus commanding respondents to stop illegal and hazardous activity of brick kiln.
3. When we pointed out that if the hazardous activities amounts to nuisance, petitioner has statutory remedy under Section 133 Cr.P.C., it is said that matter of pollution is involved. If that be so, petitioner has statutory remedy before National Green Tribunal under 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 Peedith 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)
4. In view of above, we do not find any reason to entertain this writ petition. Dismissed.
Order Date :- 26.4.2019 PS