Rajasthan High Court - Jodhpur
Arshad Ali Mehar vs State Of Raj. & Ors on 15 January, 2014
Author: Dinesh Maheshwari
Bench: Dinesh Maheshwari
18 D.B. Civil Writ Petition (PIL) No. 1395/2013
Arshad Ali Mehar vs State of Rajasthan &Ors.
DATE OF ORDER : 15th January 2014
HON'BLE MR. JUSTICE DINESH MAHESHWARI
HON'BLE MR. JUSTICE BANWARI LAL SHARMA Mr. L.D. Khatri for the petitioner.
Dr. P.S. Bhati AAG for the respondents.
<><><> After having heard the learned counsel for the parties and having perused the material placed on record, we are not persuaded to continue with this matter as a Public Interest Litigation ('PIL'), where the petitioners have alleged some so-called trespass upon the catchment area of two ponds situated at Village Morani, Gram Panchayat Didania, Tehsil Pokaran, District Jaisalmer; and seek directions for preventing pollution and maintaining environment.
In a comprehension of the subject matter of this petition, we are clearly of the view that the relief as claimed, in the first place, would require determination of several questions of facts in the regular proceedings including the nature and extent of trespass, if any. Then, as regards the other environmental issues, the learned counsel for the petitioner is not in a position to dispute that the National Green Tribunal is empowered to examine and adjudicate the same and to issue necessary directions.
In view of what has been observed above, while we decline to continue with this PIL petition any further, but leave it open for the petitioner in taking recourse to the appropriate proceedings in accordance with law.
This petition stands dismissed subject to the observations foregoing.
(BANWARI LAL SHARMA),J. (DINESH MAHESHWARI),J. sudhir