BALAJI CRUSHER & ORS Vs. NATIONAL GREEN TRIBUNAL, BHOPAL & ORS
LAWS(RAJ)-2014-10-236
HIGH COURT OF RAJASTHAN
Decided on October 17,2014

Balaji Crusher And Ors Appellant
VERSUS
National Green Tribunal, Bhopal And Ors Respondents

JUDGEMENT

- (1.) We have heard learned counsel appearing for the parties.
(2.) By this writ petition, the petitioners have prayed for quashing the order passed by the National Green Tribunal (for short, 'the NGT'), Central Zonal Bench, Bhopal, dated 22.09.2014, in Original Application No.125/2013(CZ)(THC). The NGT has, by its order dated 22.09.2014, directed closure of all such crushing units, who are under notice from the Rajasthan State Pollution Control Board (for short, 'RSPCB'), to show cause as to why the consent to establish the crushing unit be not revoked. The notices have been given for variety of reasons including the validity of the certificates issued by RSPCB regarding the distance of human habitation from the crushing units, given by the Tehsildars', which, on subsequent scrutiny by the revenue authorities, have been found to be incorrect.
(3.) Sub-section (1) of Section 29 of the National Green Tribunal Act, 2010 (in short, 'the Act of 2010'), bars jurisdiction of the Civil Court to entertain any appeal in respect of any matter, which the Tribunal is empowered to determine under its appellate jurisdiction. Sub-section(2) of Section 29, bar jurisdiction of the Civil Court to settle any dispute or entertain any question relating to any claim for granting any relief or compensation or restitution of property damaged or environment damaged which may be adjudicated upon by the Tribunal, and no injunction in respect of any action taken or to be taken by or before the Tribunal in respect of the settlement of dispute or any such claim for granting relief or compensation or restitution of property damaged or environment shall be granted by the Civil Court.;


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