RAMCHANDRA & ORS. Vs. PHOOLA RAM & ORS.

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioner aggrieved against Orders dated 20.11.2014 passed by the Civil Judge (JD) Sardarsahar, District-Churu, Rajasthan and Order dated 6.1.2015 passed by Additional District Judge, Churu Camp Sardarsahar whereby the application filed by respondents under Order 7, Rule 10 C.P.C. has been accepted and the Trial Court directed for return of the plaint to the filed before the National Green Tribunal and the appeal filed by the petitioner under Order 43 C.P.C. has been dismissed.

(2.) The learned Counsel for the respondents submits that in view of the judgment of the National Green Tribunal Principal Bench New Delhi in Dr. Arvind Gupta v. Union of India & Ors., (Original Application No. 61/2012, decided on 10.12.2015) , wherein the Tribunal has held that emission of electromagnetic waves from the towers constructed by the respective respondents does not fall within the ambit, scope and jurisdiction vested in this Tribunal under the provisions of the NGT Act with reference Environment (Protection) Act, 1986, the respondent now does not want to press his application under Order 7, Rule 10 C.P.C.

(3.) In view of the above submissions and the order of the National Green Tribunal, the application filed by the respondents under Order 7, Rule 10 C.P.C. dismissed as withdrawn.