LAWS(CAL)-2019-6-159

DIPAK KUMAR DAS Vs. RAGHUNATH MAITY

Decided On June 14, 2019
DIPAK KUMAR DAS Appellant
V/S
Raghunath Maity Respondents

JUDGEMENT

(1.) The present challenge under Article 227 of the Constitution of India has been directed against an order whereby the National Green Tribunal passed a direction on the State Pollution Control Board to conduct an inspection and find out whether the Rice Mill run by the present petitioner is still operating without necessary approval from the concerned authorities. There are certain observations made in the said impugned order.

(2.) However, as rightly pointed out by learned counsel for the opposite party no.1, a remedy is provided under Section 22 of the National Green Tribunal Act, 2010 for an appeal to the Supreme Court against such order of the National Green Tribunal. It is provided categorically in the said Section that such an appeal would be available on one or more of the grounds specified in Section 100 of the Code of Civil Procedure, thereby putting the standards on the same footing as a second appeal, to be heard for admission before a Division Bench of this Court.

(3.) There are certain grounds on which, this Court is not inclined to interfere under Article 227 of the Constitution.