WESLEY DOLOI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The appeal arises out of a judgment and order of April 19, 2022 by which the appellant's writ petition has been, in effect, dismissed with certain observations and with liberty to the appellant to approach the National Green Tribunal in respect of the matters complained of in the petition under Article 226 of the Constitution.

(2.) In addition, the order impugned directs the appellant herein to pay costs of Rs.50,000.00 for "concealment of facts and presentation of inaccuracies before this Court". In view of such finding, it would be improper to interfere with such part of the order since it was the perception of the Single Bench that material facts had been concealed and there were other inaccuracies in the petition. The costs should be tendered as directed.

(3.) However, the primary grievance of the appellant needs to be addressed. The appellant submits that despite the Single Bench not adjudicating on the grievances raised and relegating the appellant to the NGT, observations have been made in course of the impugned judgment that may render the appellant's essay before the NGT meaningless. In all fairness, when the writ court perceived that the matters complained of could not be appropriately dealt with in summary procedure on affidavit evidence under Article 226 of the Constitution and relegated the petitioner before it to an alternative forum, even if certain observations were necessary, a caveat at the end should have clarified that such observations would not impede the adjudication of the matter by the forum that may receive it.