Bombay High Court
Prasad Anant Gurav vs The Sub-Divisional Officer, Mangaon ... on 24 August, 2018
Author: S. V. Kotwal
Bench: Shantanu Kemkar, S. V. Kotwal
14-wp-6451-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELALTE JURISDICTION
WRIT PETITION NO.6451 OF 2018
Prasad Anant Gurav ...Petitioner
vs.
The Sub-Divisional Officer,
Mangaon and Others ...Respondents
Mr. Tushar Jadhav, for the Petitioner
Mr. Suryajeet Chavan, for Respondent No. 6.
Mr. Nilesh Bamne i/b. M/s. A.R. Bamne & Co., for the Respondent
No. 8.
Dr. Birendra Saraf a/w. Ms. Neha Prashant i/b. Juris Corp, for
Respondent No. 14.
Mr. V.S. Gokhale, AGP for Respondent Nos. 1, 3, 5, 7 and 12.
CORAM : SHANTANU KEMKAR &
S. V. KOTWAL, JJ.
DATE : AUGUST 24, 2018 P.C.: . Parties through their counsel.
2. The preliminary objection has been raised by the learned counsel for Respondent No. 14 that the Petitioner has an alternate and efficacious remedy of approaching the Green Tribunal under Section 14 of the National Green Tribunal Act, 2010.
3. Facing the situation, the learned counsel for the Petitioner seeks leave to withdraw the Petition with liberty to Vishal Parekar 1/2 14-wp-6451-2018.doc approach the Green Tribunal. He however prayed that for a period of 15 days, the interim order passed earlier by this Court on 18 th June, 2018 be continued enabling the Petitioner to seek appropriate interim relief before the Green Tribunal.
4. Having considered the submissions made by the learned Counsel for the Petitioner as also by the learned counsel for Respondent No. 14 and taking note of the direction given in the order dated 24th July, 2018 passed by the Pollution Control Department, suffice it to say that till any further orders passed by the Pollution Control Board or the Green Tribunal, the Respondents shall act only in accordance with the conditions mentioned in the said order dated 24th July, 2018.
6. Needless to say that the Green Tribunal shall not be influenced by the interim order passed by this Court on 18 th June, 2018.
7. All contentions of the parties are kept open.
8. The Petition is disposed of as withdrawn.
(S. V. KOTWAL, J.) (SHANTANU KEMKAR, J.)
Vishal Parekar 2/2
Digitally signed by
Vishal Vishal Subhash
Subhash Parekar
Date: 2018.08.24
Parekar 16:48:59 +0530