1               WP No. 4020/2016
  (Renu Welfare & Others Vs M.P. Pollution Board & Anr)

07/02/2017

     Shri Anand V. Bhardwaj, learned counsel for the
petitioners.
     Shri      Harish       Dixit,   learned    counsel   for   the
respondents.

The petitioner in this petition Under Article 226 of the Constitution of India has challenged show cause notice (Annexure P-1) dated 23/05/2016 informing the petitioner that by running the marriage garden in question the provisions of Sections 25 and 26 of the Water( Prevention and Control of Pollution ) Act 1974 and Sections 21 and 22 of the Air (Prevention and Control of Pollution)Act, 1981 are violated besides causing noise pollution.

On the last occasion, query was raised by this Court as to why petitioner can not approach the National Green Tribunal.

Moreover, learned counsel for the respondents has brought to the notice of this Court order passed by NGT on 6th May, 2014 in Original Application No. 18/2013 (CZ) (Neel Choudhary Vs District Collector Indore) wherein after rejection preliminary objection regarding maintainability of case before the NGT in respect of pollution caused by marriage garden, the matter has been entertained and certain directions have been finally passed in respect of marriage garden situated in the city of Bhopal (M.P.).

In view of above, this Court is of the considered view that issue involved herein lies within the jurisdiction 2 WP No. 4020/2016 (Renu Welfare & Others Vs M.P. Pollution Board & Anr) vested in National Green Tribunal. All the two Acts i.e. the Water( Prevention and Control of Pollution ) Act 1974 and the Air (Prevention and Control of Pollution)Act, 1981 have specifically been mentioned in schedule 1 appended to the NGT Act in respect of which Tribunal is empowered to exercise jurisdiction under Section 14 of the National Green Tribunal Act, 2010 and entertain application under Section 18 of the Act, 2010.

In view of above, this Court declines interference and relegates the petitioners to avail the remedy before the National Green Tribunal in accordance with law. The writ petition stands disposed of.

Certified copy as per rules.

               (Sheel Nagu)                    ( S.A. Dharmadhikari)
                  Judge                                Judge
Prachi*