FAROOQ AHMAD WANI Vs. UT OF J&K

JUDGEMENT

(1.) During the course of hearing, learned counsel for the respondents submitted that subject matter of this petition is amenable to the jurisdiction of Central Administrative Tribunal Srinagar Bench and, as such, the petition is required to be transferred to the Tribunal.

(2.) A perusal of the record shows that the petitioners have invoked writ jurisdiction claiming the relief against the Jammu and Kashmir Pollution Control Board which is a statutory authority constituted under the provisions of Air (Prevention and Control of Pollution Act),1981. It seems that because of this reason, earlier order dtd. 26/6/2020 passed by this Court, whereby the writ petition was transferred to Central Administrative Tribunal, was recalled on 30/12/2022 and the writ record was summoned from the Tribunal for its consideration by this Court.

(3.) Today, learned counsel for the respondents has brought to the notice of this Court notification bearing F.No.C-603/ J&K PCC/Legal- 2021 dtd. 25/3/2021, whereby Central Pollution Control Board has delegated all its powers under the provisions of the Water (Prevention and Control of Pollution) Act 1974 and Air (Prevention and Control of Pollution) Act 1981 in respect of Union Territory of Jammu and Kashmir to a Committee specified by the Central Government.