DINESH MAHESHWARI, J. - (1.) THIS writ petition (CWP No.2844/2011), filed on 29.03.2011, has been entertained as a Public Interest Litigation ('PIL') and a few orders have also been passed herein with reference to the cause stated by the petitioner.
(2.) HOWEVER , now, the learned counsel for the respondents have made submissions that this matter is required to be transferred to the National Green Tribunal ('NGT'); and have referred to the provisions contained in the National Green Tribunal Act, 2010 ('the NGT Act'); and have also referred to the decision of the Hon'ble Supreme Court in Bhopal Gas Peedith Mahila Udyog Sangathan & Ors. Vs. Union of India & Ors.: (2012) 8 SCC 326, as also the order passed by a co -ordinate Bench of this Court on 01.10.2013 in a batch of petitions led by DB CWP No.8074/2010: M/s Laxmi Suiting Vs. State of Rajasthan & Ors. The prayer so made on behalf of the respondents has been resisted by the learned counsel appearing for the petitioner as also by the petitioner appearing in person. After having heard the petitioner as also the learned counsel for the parties, on the question as to whether the matter is required to be transferred to the NGT established under Section 3 of the NGT Act; and having given anxious consideration to the rival submissions, we are clearly of the view that this matter is required to be transferred to the NGT following the decisions above-referred.
(3.) AS the matter is proposed to be transferred to the NGT, dilatation on all the factual aspects does not appear necessary. Only a brief reference to the background aspects, so far relevant, would suffice.;