GAJANAN ENCLAVE PVT. LTD. Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner with following prayer,

(2.) SHRI Rajdeepak Rastogi, learned Counsel for petitioner, argued that the observations made by the Supreme Court in Bhopal Gas Peedith Manila Udyog Sangathan, supra, does not in any way restrict the jurisdiction of this Court. This Court under Article 226 of the Constitution of India has got much wider jurisdiction than the Tribunal established under the NGT Act. Section 16(a) of the NGT Act when it provides that any person aggrieved by directions issued, on or after the commencement of the NGT Act, by the State Government under Section 28 of the Water (Prevention and Control of Pollution) Act, 1974 (for short, 'the Act of 1974') aggrieved by an order passed under Section 25 or 26 of the Act, may prefer an appeal to the Tribunal, does not debar the jurisdiction of the High Court under Article 226 of the Constitution of India, to examine the correctness of the order passed by the State Pollution Control Board in exercise of its power of judicial review. In support of his arguments, learned counsel for petitioner has relied on the judgment of the Supreme Court in L. Chandra Kumar vs. Union of India & Ors., : AIR 1997 SC 1125, Learned counsel argued that the order dated 09.09.2013 passed by the Rajasthan State Pollution Control Board is not part of the record and has been produced for the first time today before this Court, therefore the petitioner be permitted to amend the writ petition to challenge that order.

(3.) HAVING heard learned counsel for the parties and perused the material on record this Court finds that the Parliament in its wisdom has, by enacting the National Green Tribunal Act, 2010 as a special legislation, provided for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. The order of allotment of land by the respondent Jaipur Development Authority at Khasra No. 137 of Village Gajadharpura on Kalwar Road, Jaipur, for setting up of Sewage Treatment Plant, would therefore be incidental to environmental protection, for which initially consent to set up was granted, by the Rajasthan State Pollution Control Board on 07.09.2010, and subsequently, to operate the same by order dated 09.09.2013, in exercise of its powers conferred under the provisions of Section 25 and 26 of the Act of 1974.