MR. AMAN SETHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This matter comes up on an application for recall of the order dated 16-4-2013 passed in SBCWP No.1046/2013, titled Aman Sethi Vs. State of Rajasthan and others.

(2.) The case of the applicant is that writ petition No.1046/2013 was filed on 23-1-2013 before this court inter alia challenging the communications dated 11-9-2012 whereby a direction was issued under Sec. 5 of the Environment (Protection) Act, 1986 banning all stone crushing units in Village Mungaska Tehsil Pahari and the further consequential communication No.SCMG/RPCB/(BHR- 19)/2280 dated 6-11-2012 whereby the Rajasthan State Pollution Control Board (RSPCB) issued an order to the petitioner to suspend stone crushing activities despite all requisite permissions including permission for conversion of Khatedari land for industrial purposes and consent to operate from RSPCB obtaining with the petitioner qua the stone crushing unit set up by him. On objection laid to the writ petition regarding availability of alternative remedy of an appeal under Sec. 16(g) of the National Green Tribunal Act, 2010 (hereinafter 'the Act of 2010') the writ petition was withdrawn on 16-4-2013 with liberty to approach the National Green Tribunal (hereinafter 'the Tribunal'). It has been submitted that thereupon the applicant approached the Principal Seat of the Tribunal at New Delhi in appeal No.61/2013, which however came to be dismissed vide order dated 7-5-2015 for reason of the appeal not having been filed within limitation provided under Sec. 16 of the Act of 2010. It has been submitted that a statutory appeal there-against filed under Sec. 22 of the Act of 2010 to the Apex Court was also dismissed vide order dated 2-7-2015.

(3.) In the context of aforesaid facts it has been submitted that the applicant has been rendered remedy-less in its challenge to the illegal and arbitrary communications dated 11-9-2012 and 6-11-2012, consequent to which his right to run the stone crusher in village Mungaska, Tehsil Pahari District Bharatpur set up with due compliances required in law has been denied. It was submitted that in the circumstances the order dated 16-4-2013 be recalled and the petitioner be allowed to impugn the communications dated 11-9- 2012 and 6-11-2012 before this Court under Art. 226 of the Constitution of India in the writ Petition No.1046/2013.