Gujarat High Court
Ramdevbhai Samatbhai Sanjva vs State Of Gujarat on 9 May, 2019
Author: Anant S. Dave
Bench: Anant S. Dave, Biren Vaishnav
C/WPPIL/114/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 114 of 2018
==========================================================
RAMDEVBHAI SAMATBHAI SANJVA
Versus
STATE OF GUJARAT & 6 other(s)
==========================================================
Appearance:
MR TUSHAR L SHETH(3920) for the Applicant(s) No. 1
MR BHAGYODAYA MISHRA(2971) for the Opponent(s) No. 4
MR BHAVESH P TRIVEDI(2731) for the Opponent(s) No. 6
MR RD RAVAL(716) for the Opponent(s) No. 7
MR RR TRIVEDI(941) for the Opponent(s) No. 6
MS DHARMISHTA RAVAL(707) for the Opponent(s) No. 2,3
NOTICE SERVED(4) for the Opponent(s) No. 1,5
==========================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 09/05/2019
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE) Learned counsel for the respondent No.7, relying on the affidavit in reply dated 05.03.2019 filed by Jetpur Dying and Printing Association, submits that the National Green Tribunal, Principal Bench, New Delhi is seized with the very subject matter of the Writ Petition [PIL] and even orders are passed in Original Application No.673/2018 [MA No.1777/2018] with OA No.727/2018.
Page 1 of 2 Downloaded on : Tue Jun 25 05:09:56 IST 2019 C/WPPIL/114/2018 ORDER
As against the above, Mr. Tushar Mehta,
learned counsel for the petitioner would like to place reliance on decision of this Court in the case of Salaya Machhimar Boat Association through VicePresident v. Union of India & Others [AIR 2015 GUJARAT 70] wherein taking into consideration the provisions of Sections 14, 16 38(5) of National Green Tribunal Act and exercise of power by the High Court under Articles 226 & 227 of the Constitution of India, it was deemed just and proper to transfer the pending writ petition to National Green Tribunal upon National Green Tribunal Act coming into force.
In view of the above and considering the facts and circumstances of the case, we direct the Registry to transfer this Writ Petition [PIL] to the National Green Tribunal Bench where the main application is pending, at the earliest.
(ANANT S. DAVE, ACJ) (BIREN VAISHNAV, J) P. SUBRAHMANYAM Page 2 of 2 Downloaded on : Tue Jun 25 05:09:56 IST 2019