Shree Gurunanak Bricks vs State Of Rajasthan
2023 Latest Caselaw 5107 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Writ Petition No. 10175/2022

Shree Gurunanak Bricks

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Sanjeet Purohit For Respondent(s) : Mr. Sajjan Singh

JUSTICE DINESH MEHTA

Order

23/05/2023

1. In response to preliminary objection regarding this Court's

jurisdiction under Article 226 of the Constitution of India raised by

Mr. Sajjan Singh and that the petitioner is required to approach

National Green Tribunal (NGT) for redressal of his grievance

against the notice/order dated 19.01.2022, Mr. Purohit, learned

counsel for the petitioner submitted that the order in question is a

composite order under Section 33A of the Water (Prevention and

Control of Pollution) Act, 1974 (hereinafter referred to as 'the Act

of 1974) and Section 31A of the Air (Prevention and Control of

Pollution) Act, 1981 (hereinafter referred to as 'the Act of 1981').

2. He argued that as per Section 16 of the NGT Act, the remedy

is provided only against the order passed under Section 33A of the

Act of 1974 and 31 of the Act of 1981. No remedy as such has

been provided against the order passed under Section 31A of the

Act of 1981, he added.

3. He relied upon the judgment of Hon'ble the Supreme Court

rendered in the case of Tamil Nadu Polution Control Board vs

(2 of 2) [CW-10175/2022]

Sterlite Industries (I) Ltd. reported in (2019) 19 SCC 479 and

argued that writ petition alone is the remedy available to the

petitioner.

4. In view of the submission made by Mr. Purohit, this Court is

of the view that the petitioner cannot be asked to avail remedy

before the NGT.

4. Mr. Purohit, however, prays for and is granted four weeks'

time to argue the matter on merit.

5. List this case on 11.07.2023.

6. Interim order shall continue till then.

(DINESH MEHTA),J 542-Arvind/-

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