Ramesh Gambir vs The Chief Secretary And 11 Others
2022 Latest Caselaw 3840 Tel

       THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                            AND
            THE HON'BLE MRS JUSTICE SUREPALLI NANDA


                WRIT PETITION No.30194 of 2022

ORDER:      (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



      None appears for the petitioner on call, though

Mr. Parsa Ananth Nageswar Rao, learned Government

Pleader for Revenue appears for respondents No.1 and 5;

Mr. S.Bhooma Goud, learned Government Pleader for

Municipal Administration & Urban Development appears

for respondent No.2; Ms. G.Jyothi Kiran, learned

Government Pleader for Panchayat Raj appears for

respondent No.3; and Mr. Y.Rama Rao, learned Standing

Counsel appears for respondent No.4.

2. By filing this petition under Article 226 of the

Constitution of India, petitioner seeks the following relief:

"a) Calling for records pertaining to O.A.No.154 of 2016 (SZ) of National Green Tribunal, Southern Zone, Chennai and quash the orders dated 8-2-2022 passed in the said O.A.

b) Declare that, the action of the official respondents in seeking to demolish the building of the petitioner constructed in Plot No.16 of Sy.No.52, 55, 61, 62, 64, 65, 67 to 73, 76, 77, 85, 86, 94 & 120 to 126 of Puppalaguda Village as illegal and arbitrary."

3. From the above, it is evident that petitioner is

aggrieved by the proceedings before the National Green

Tribunal, Southern Zone, Chennai. It appears that

O.A.No.154 of 2016 has been disposed of by the National

Green Tribunal, Southern Zone, Chennai, vide judgment

and order dated 08.02.2022.

4. If the petitioner is aggrieved by the aforesaid

judgment and order dated 08.02.2022, he has a remedy to

file an appeal to the Supreme Court under Section 22 of

the National Green Tribunal Act, 2010.

5. Section 22 of the National Green Tribunal Act, 2010,

is as under:

"22. Appeal to Supreme Court:- Any person aggrieved by any award, decision or order of the tribunal, may, file an appeal to the Supreme Court, within ninety days from the date of communication of the award, decision or order of the Tribunal, to him, on

any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908 (5 of 1908):

Provided that the Supreme Court may, entertain any appeal after the expiry of ninety days, if it is satisfied that the appellant was prevented by sufficience cause from preferred the appeal."

6. In view of the availability of an alternative remedy, we

are not inclined to entertain the present writ petition.

7. Writ petition is accordingly dismissed.

8. Miscellaneous applications pending, if any, shall

stand closed. However, there shall be no order as to costs.

______________________________________ UJJAL BHUYAN, CJ

______________________________________ SUREPALLI NANDA, J

22.07.2022 vs