Naresh Ranchhod Tandel And ANR v. The Honble Administrator, Daman And ANR
WP. 552-16 VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION No. 552 OF 2016 Naresh Ranchhod Tandel & Anr.
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Petitioners Vs.
The Hon'ble Administrator, & Anr.
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Respondents WITH WRIT PETITION No. 816 OF 2016 Naresh Ranchhod Tandel & Anr.
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Petitioners Vs.
The Collector, Daman Office of the Collector & Anr.
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Respondents *** Mr. Bhavesh Parmar i/b Devmani Shukla, for the Petitioners. Mr. Shrihailya Deshmukh a/w S. V. Chougule, for Respondent Nos. 1 and 2.
*** CORAM : V. M. KANADE, & M. S. SONAK, JJ.
DATE : JULY 19, 2016 PC.
1.
The learned counsel appearing on behalf of the Respondent Nos. 1 and 2 has raised a preliminary objection regarding maintainability of the petitions. It is submitted that since the 1 / 2
WP. 552-16 impugned order in terms states that the directions have been given under Rule 5 of the Environment (Protection) Act, 1986. It is further submitted that an order passed under Rule 5 of the said Act is appealable under Section 16 of the National Green Tribunal Act, 2010. 2.
We have perused the relevant provisions, and it is apparent that Petitioner has an alternate efficacious remedy of filing the appeal before the National Green Tribunal. Hence, both the writ petition are disposed of, reserving the right of the Petitioner to file an appeal under Section 16 of the National Green Tribunal Act, 2010. It is clarified that if such an appeal is filed within 4 weeks, the National Green Tribunal shall hear and decide the appeal on merits and in accordance with law. All contentions of the Petitioners and Respondents are kept open.
Sd/- Sd/- [M. S. SONAK, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2