In The High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R D.B. Special Appeal (Writ) No.858/2016 M/s. Laxmi Handicrafts Vs. Raj. State Pollution Control Board & Anr Date : 3-6-2016 Hon'ble The Chief Justice Mr. Navin Sinha Hon'ble Mr. Justice Ajay Rastogi Mr. Prateek Kasliwal Adv., for appellant.

The present appeal arises from order dated 31st May,2016 in S.B. Civil Writ Petition No.7077 of 2016. The Learned Single Judge declined to exercise discretionary jurisdiction under Article 226 of the Constitution of India in view of the alternative statutory remedy available to the appellant under section 33B of the Water (Prevention and Control of Pollution) Act,1974 before the National Green Tribunal against the notice dated 10th May,2016. We have considered the submissions on behalf of the appellant.

In view of a Special Tribunal constituted for environmental matters providing a statutory alternative remedy in a codified manner, and the discussion in (2010) 8 SCC 110 United Bank of India Vs. Satyawati Tondon & Ors, with regard to the restraint to be exercised in such matters while exercising powers under Article 226 of the Constitution, we are of the considered opinion that the appellant must avail the statutory remedies before the Tribunal. We have no reason to believe that if the appellant approaches the Tribunal with his grievance it would not be considered expeditiously. The appeal is disposed to avail the statutory alternate remedy.

(Ajay Rastogi),J.                                                  (Navin Sinha),CJ


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