PRADIP KUMAR DEY Vs. STATE OF MEGHALAYA AND OTHERS

JUDGEMENT

(1.) The petitioner, while stating his concern for public and source of knowledge of the subject matter being his personal experience, has filed this writ petition as Public Interest Litigation (PIL), purportedly seeking to project the alleged miseries faced by the families residing on the bank of the river Wah Umkhrah due to its overflowing after downpour during the monsoon. The petitioner has attempted to suggest in the writ petition that there is urgent need of desilting of the river to protect the life and property of the residents/shop owners on the banks of the river and has alleged that the respondents have totally neglected and have shown indifference to the recurring plight of hundreds of manmade flood victims.

(2.) After finding that the present one appears to be essentially a matter concerning protection of environment and the river, we have posed the questions as to why the petitioner should not approach the National Green Tribunal (NGT) as also about the research of the petitioner on the previous dealing of the subject matter of this petition with its corollary aspects by the Courts/Tribunals. In this regard, the learned Sr.GA has immediately responded with the submissions that the matter concerning flooding of river Wah Umkhrah and its pollution has already acquired attention of the National Green Tribunal, that had passed an order dated 29.01.2015; and then, the matter had earlier appeared before one of us (S.R. Sen, J.), in a revision petition against the order passed by the Assistant to Deputy Commissioner that was not in conformity with the order passed by the NGT. The learned senior counsel Mr. H.S. Thangkhiew present in the Court has, with permission, indicated that in fact, the said matter is now pending with the Hon'ble Supreme Court.

(3.) Upon this Court having been informed of the particulars, the record of CR (P) No.18 of 2015 has been requisitioned; and on perusal thereof, it is clear that NGT had passed an order on 29.01.2015 in O.A. No.146 of 2014 relating to the river in question; and then, an injunction order passed by the Assistant to Deputy Commissioner was vacated by this Court in CR (P) No.18 of 2015. It is, of course, pointed out that the matter remains pending before the Hon'ble Supreme Court.