ELECTROSTEEL STEELS LIMITED Vs. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF ENVIRONMENT
LAWS(JHAR)-2018-9-52
HIGH COURT OF JHARKHAND
Decided on September 27,2018

ELECTROSTEEL STEELS LIMITED Appellant
VERSUS
UNION OF INDIA THROUGH SECRETARY, MINISTRY OF ENVIRONMENT Respondents

JUDGEMENT

Anubha Rawat Choudhary, J. - (1.) Heard counsel for the parties.
(2.) Counsel appearing on behalf of Union of India has raised preliminary objection on the point of maintainability of this writ petition and has submitted that this issue should be decided before entering into the merits of the case. He submits that the petitioner has alternative remedy of appeal under Section 5-A of the Environment (Protection) Act, 1986 read with Section 16 (g) of the National Green Tribunal Act, 2010. He submits that there are many technical aspects in connection with environment clearance which can be appreciated by the Tribunal.
(3.) Upon this, counsel appearing on behalf of the petitioner has advanced extensive argument on the point of maintainability of the writ petition. He submits that this Court may not enter into the technical aspects of the matter of environmental clearance and will confine his argument on the point of gross violation of principles of natural justice and fair play while passing the order impugned in this writ petition.;


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