RAJINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of this writ petition the petitioner has laid challenge to the construction of Kashang Hydro Electric Power Project on various grounds. The main ground raised is that the respondents are harming the environment of the area.

(2.) NOW, an application for amendment of the petition has been filed to expand the grounds already taken. We have gone through the writ petition and we find that all these grounds can be raked up before the National Green Tribunal. It is also not disputed that the petitioner had earlier approached the National Appellate Authority, which is no longer functioning. Those matters stand transferred to the National Green Tribunal. The National Green Tribunal has wide powers and jurisdiction and can also record the evidence. Some of the matters are already pending before the National Green Tribunal and the principle of comity between the Courts and Tribunal requires that each should respect the jurisdiction of the other. Once a matter is pending before a Tribunal it would not be fair for us to deal with the matter relating to the same project even though the issues which are raised may be slightly different. We may make it clear that we are not saying that this Court does not have the jurisdiction to decide these matters. Each case has to be decided on its own facts. In the present case the National Green Tribunal is already seized of a number of issues which are raised in the present writ petition. Therefore, it would be appropriate if the petitioner raise all the issues before the National Green Tribunal.