Hamar Sangwari Ngo v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 62 OF 2015 Hamar Sangwari (NGO) Through The President, Rakesh Choubey, Aged 48 Years, S/o Late G.P. Choubey, R/o House No. 34/B, Recreation Marg, Choubey Colony, Raipur, Chhattisgarh.

---- Petitioner

Versus

1. Union of India Through The Secretary, Ministry of Environment Forest & Climate Change, Room No. 318, Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi 110003.

2. State of Chhattisgarh, Through The Secretary, Department of Awas Avam Pasrayavaran Vikas, Mahanadi Khand, Capital Complex, New Raipur, Raipur, Chhattisgarh.

3. Central Pollution Control Board, Through The Chief Executive Officer, Parivesh Bhawan, CBD- Cum- Office Complex, East Aarjun Nagar, Delhi 110032, India.

4. Chhattisgarh Pollution Control Board, Through The Secretary, Commercial Complex, Housing Board Colony, Kabir Nagar, Raipur, Dist. Raipur, Chhattisgarh. ---- Respondents For Petitioner :

Shri Sudeep Johri, Advocate For Respondent No. 2/State :

Shri. A.S. Kachhawaha, Additional Advocate General For Respondents No. 3 & 4 :

Shri V.V.S. Murthy, Senior Advocate with Shri Shreyankar Nandy, Advocate ____________________________________________________________________ Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 08/10/2018 Per Ajay Kumar Tripathi, Chief Justice 1.

Heard counsel for the parties.

2.

Keeping in mind the order or orders which have been passed by the National Green Tribunal, Principal Bench, New Delhi in Original Application No.804 of 2017 dealing with hazardous wastes, this Court is of the opinion that there should not be any duplicity of litigation since the said forum is monitoring the issue for all the States of the country.

3.

The Court is also informed about similar kind of orders being passed by the Hon'ble Supreme Court in Writ Petition (Civil) No. 657 of 1995, the last of them being 22/11/2017.

4.

It goes without saying that the directions which will be issued by the National Green Tribunal on the Hon'ble Apex Court will be the guiding principle even for the State of Chhattisgarh.

5.

Writ application stands disposed off.

Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) CHIEF JUSTICE JUDGE Yogesh