Bombay High Court Goa dismisses petition due to the availability of remedy before NGT
Title: Vandana Prabhugaonkar v. Goa Coastal Zone Management Authority
Decided on: September 14, 2023
Citation: 2023 SCC OnLine Bom 1985
CORAM: HON’BLE JUSTICE M.S SONAK
Facts of the Case
The Petitioner in this is challenging the direction/order under Section 5 of the Environment (Protection) Act, 1986 read with Environment (Protection) Rules. As against the impugned order, the Petitioner had an alternate and efficacious remedy available before the National Green Tribunal. The petitioner is arguing on the ground that Sections 14 and 22 of the NGT Act do not oust the High Court’s jurisdiction under Articles 226 and 227 of the Constitution as such jurisdiction is a part of the basic structure of the Constitution.
Court Analysis and Judgement:
Regarding the jurisdiction of the Court, it was held that there was no dispute that the jurisdiction of this Court under Articles 226 and 227 of the Constitution cannot be ousted. However, it was held that the Court need not exercise its extraordinary jurisdiction when the Petitioner has an alternate and efficacious remedy available under the statute. The statutory remedy provided under the NGT Act should not be bypassed. The petition was dismissed on the ground of an alternate and efficacious remedy available to the Petitioner. The Petitioner is free to avail of alternate remedy before the NGT. At the same time, the court held that the Petitioner cannot be prejudiced for having instituted this petition, and that the NGT should decide the proceedings on merits without non-suiting the Petitioner by citing the bar of limitation.
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Written by- Reema Nayak
