Karnataka High Court
Canara Plastics Manufacturers And ... vs The State Of Karnataka on 29 March, 2016
Bench: Chief Justice, Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
Dated this the 29th day of March, 2016
:PRESENT:
THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE,
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE RAVI MALIMATH
Writ Petition Nos.14314-14402 of 2016 (GM-POL)
BETWEEN:
1. CANARA PLASTICS MANUFACTURERS
AND TRADERS ASSOCIATION
KSIA BUILDING,
INDUSTRIAL AREA, BAIKAMPADY,
MANGALORE - 575011
REPRESENTED BY ITS GENERAL SECRETARY
MR IQBAL B A
2. M/S PLAMA PLASTICS LTD.
171-C INDUSTRIAL AREA
BAIKAMPADY, MANGALORE - 575011
REPRESENTED BY ITS DIRECTOR
MR SURESH B KALKERE
3. KAKUNJE POLYPACKS 292,
INDUSTRIAL AREA,
BAIKAMBHADI, MANGALORE - 575011
REP BY ITS MANAGING PARTNER
MR K BALAKRISHNA BHAT
4. M/S PLASTEX INDUSTRIES
147C, INDUSTRIAL ESTATE,
BAIKAMPADY,
MANGALORE - 575011
REPRESENTED BY ITS PARTNER
MR B M FAROOQ
2
5. UNO PACK INDUSTRIES
126E, INDUSTRIAL AREA,
BAIKAMPADY
MANGALORE - 575011
REPRESENTED BY ITS PARTNER B A NAZEER
6. EVEREST PLASTIC INDUSTRIES
19/96, EVEREST PLASTIC ROAD,
KULAKSHEKARA, KALPANE,
MANGALORE - 575005
REP BY ITS MANAGING PARTNER
MRS SHOBAN SHER RAO
7. SUN PACKAGING INDUSTRIES
INDUSTRIAL ESTATE BAIKAMPADY
MANGALORE - 575011
REPRESENTED BY ITS PROPRIETOR
MONIZ
8. KUBERA INDUSTRIES
323, INDUSTRIAL AREA BAIKAMBHADI
MANGALORE - 575011
REP. BY ITS MANAGING DIRECTOR
MR. RAMACHANDRA
9. PACK TECH WRAPPING SYSTEM
D-63, INDUSTRIAL ESTATE,
BAIKAMPADY, MANGALORE - 575011
REPRESENTED BY IS PARTNER
MR. MOHAMMED ALI
10. SHREE GANESH INDUSTRIES
OPP INDUSTRIAL AREA
HALADI ROAD,
KOTESHWARA KUNDAPUR UDUPI DISTRICT
REP. BY ITS MANAGING PARTNER
SMT LALITHA.
11. SHREE VINAYAKA PLASTIC INDUSTRIES
OPP. INDUSTRIAL AREA
HALADI ROAD,
KOTESHWARA KUNDAPUR,
UDUPI DISTRICT
REP. BY ITS PROPRIETOR
MR K MAHESH BETTIN
3
12. SHREE VIGNESHWARA POLY PRODUCTS
BEACH ROAD,
KOTESHWARA,
KUNDAPUR, UDUPI DISTRICT
REP. BY ITS MANAGING PARTNER
SMT.BINDIYA ASHOK
13. SHRI. SIDDHI PLASTICS
DOOR NO.1-27 NH 17,
KUMBASHI KUNDAPURA TALUK,
UDUPI ,
REPRESENTED BY ITS PROPRIETOR,
SRI. SHRIDHAR UPADHYAYA
14. KINI FLEX PVT LTD
NO 5/12H, GUDDEANGADY,
UDAYAVARA, UDUPI - 574118
REPRESENTED BY ITS PROPRIETOR
SRI M VASANTH KINI
15. DASARATH PLASTICS PVT LTD
NO 5/12, GUDDEANGADY
UDYAVAR, UDUPI - 574118
REPRESENTED BY ITS DIRECTOR
SRI M RAMESH KINI
16. ANAND POLY PRINTS
NO.5/17, GUDDEANGADY
UDYAVARA, UDUPI - 574118
REPRESENTED BY ITS PARTNER,
SRI VIVEK KINI
17. ANAND POLY BAGS PVT LTD
NO 5/17, GUDDEANGADY
UDYAVARA, UDUPI - 574118
REPRESENTED BY ITS PARTNER,
SRI VIVEK KINI
18. GURUDEV ENTERPRISES
D NO .13-7-897 AND 888
G H S ROAD,
MANGALORE - 575011
REPRESENTED BY IS PARTNER
GANESH BALIGHA
4
19. B SADASHIVA DAMODAR BALIGA
SHOP NO 4,
13TH WARD MARKET,
CENTRAL MARKET,
MANGALORE - 575011
REPRESENTED BY ITS PROPRIETOR
SRI B UMESH BALIGA
20. AMARNATH ENTERPRISES
D NO 11-5-460
BIBI ALABI ROAD,
BUNDER,
MANGALORE - 575001
REPRESENTED BY ITS PROPRIETOR
SRI LALA
21. SRI DURGA MARKETING
D NO 11-5-475/14,
PANCHAMAHAL BUILDING,
BIBI ALABI ROAD,
BUNDER MANGALORE - 575001
REPRESENTED BY ITS PROPRIETOR
SRI SHARANA KUMAR
22. RAKSHA POLY PRODUCTS
C-46, INDUSTRIAL ESTATE
BAIKAMPADY - 575 011
REPRESENTED BY ITS PARTNER,
SRI VISHWANATHA SHETTIGAR.
23. GEECEE PLASTICS
DOOR NO. C-40, INDUSTRIAL ESTATE,
BAIKAMPADY - 575 011
REPRESENTED BY ITS PARTNER,
SMT. KOUSHALYA SHETTIGAR.
24. ROYAL PLAST
SHOP NO.124,
MAIDAN MARKET ROAD,
MANGALORE - 575 011.
REPRESENTED BY ITS PROPRIETOR
MR. ABID JALEEL M
5
25. PLASTIC POINT
D.NO. 11-5-409/56,
BIBI ALIBI ROAD,
MANGALORE - 575 011.
REPRESENTED BY ITS PROPRIETOR
MR. FAROOK.
26. M/S HAJJAJ INDUSTRIES
GOLTHA MAJALU,
KALLADAKA - 574 222
REPRESENTED BY ITS PARTNER
MR. G. AHMED MUSTAFA
27. TAJ POLYMERS
GOLTHA MAJALU,
KALLADAKA - 574 222
REPRESENTED BY ITS PARTNER
MR. G. M.MOHAMMED YOUSUF
28. PLASTIC CENTRE
SHOP NO. 70, MARKET BUILDING,
KANKANADI
MANGALORE - 575 011
REP BY ITS PROPRIETOR
MOHAMMED SALI.
29. K K PLASTICS
PLOT NO.1-D
KARNAD INDUSTRIAL AREA
MULKY, MANGALORE-575011
REP BY ITS PROPRIETOR
MR KADAR
30. PLASTIC CINE
D.NO.11-8-835/4
MASCO PLAZA, MAIDAN CROSS ROAD
MANGALORE-575011
REP BY ITS PROPRIETOR
MOHAMMAD MANSOOR
31. BHARATH POLY PRODUCTS
PLOT NO.142H, INDUSTRIAL AREA
BAIKAMPADY, MANGALORE-575011
REP BY ITS PROPRIETOR
SMT SWETHA AGARWAL
6
32. PLASTIC BAZAR
D.NO.10-10-448
JM ROAD, MANGALORE-575011
REPRESENTED BY ITS PROPRIETOR
R S MONIZ CLAUDIUS
33. EVEREST POLYPRINTS
D.NO.19/97, EVERST PLASTIC ROAD
KALPANE, MANGALORE-575005
REPRESENTED BY ITS PROPRIETOR
SHOBAN SERRAO
34. MANASA
NO.4-69A, BANKERS COLONY
HANDADI VILLAGE
BRAHMAVARA
UDUPI-576213
REPRESENTED BY ITS PROPRIETOR
MR. GOPALKRISHNA KUDVA
35. HANEEF TRADERS
D.NO.10-15-722
JM ROAD, BUNDER
MANGALORE-575101
REPRESENTED BY ITS PROPRIETOR
MR MAHAMMED HANEEF
36. BLUE CHIP INDUSTRIES
SHED NO.C-155,
KSSIDC INDL. ESTATE
BAIKAMPADY, MANGALORE-575011
REPRESENTED BY ITS PARTNER
ZAKIR HUSSAIN
37. M/S PACKWELL PLASTIC INDUSTRIES
PLOT NO.323Q, INDUSTRIAL AREA
BAIKAMPADY,
MANGALORE-575011.
REPRESENTED BY ITS PROPREITOR
MR. MOHAMMED HASANABBA
38. M/S ASSOCIATED PALASTICS
442, INDUSTRIAL ESTATE,
BAIKAMPADY, MANGALORE-575011
REPRESENTED BY IS PARTNER
MR. SANTOSH B. KARKERA
7
39. PLAMA PLASTICS
SHOP NO.11-89,
NEAR IYANGAR BAKERY,
KARNAD, MULKY,
MANGALORE-575154,
REPRESENTED BY ITS PROPRIETOR,
SANTHOSH B. KARKERA
40. PLASTIC HOUSE
D.NO.13-4-472,
MARKET ROAD,
MANGALORE-575011
REPRESENTED BY ITS PROPRIETOR
B.H. ASGAR ALI
41. EZEE PACK
D.NO.13-5-626,
MAIDAN I CROSS ROAD,
MANGALORE-575011
REPRESENTED BY ITS PROPRIETOR
ABDUL BASHEER
42. GURUDEV PLASTICS (P) LTD
225, INDUSTRIAL AREA
BAIKAMPADY
MANGALORE-575011
REPRESENTED BY ITS
MANAGING DIRECTOR
MR. MOHAN BALIGA
43. TRANSPACK POLYMERS
292B, INDUSTRIAL AREA,
BAIKAMPADY
MANGALORE-575011
REP BY ITS PATNER MR. KHADAR SHETTY
44. AISHWARYA TRADERS
D.NO.11-9-882/6,
ROYAL TOWER,
BIBI ALABI ROAD, MANGALORE-575101
REP BY ITS PROPRIETOR
MOHAMMED ASHPAK
8
45. M/S PRINCE PLASTIC INDUSTRIES
M23, INDUSTRIAL AREA,
BAIKAMPADY,
MANGALORE-575011
REP BY ITS PROPRIETOR
MR. HASHIM
46. M/S JANANI PACKAGING
D-113, INDUSTRIAL ESTATE,
BAIKAMPADY
MANGALORE-575011
REP BY ITS PROPRIETOR
MR. RAVI
47. MANGALORE POLY PACK INDIA PVT. LTD.
425, INDUSTRIAL AREA,
BAIKAMBHADI
MANGALORE-575011
REP BY ITS MANAGING DIRECTOR
MR. MOHAMMED HANEEF
48. FLEXO PACK INDUSTRIES
126-D, INDUSTRIAL AREA,
BAIKAMPADY, MANGALORE-575101
REP BY ITS PROPRIETOR
MRS. THAIRA
49. DECCAN PACKAGING INDIA PVT. LTD.
6B, INDUSTRIAL AREA,
BAIKAMPADY
MANGALORE-575011
REP BY ITS MANAGING DIRECTOR
MR. B.H. ASGAR ALI
50. TALASH PLASTICS
D.NO.11-5-459/37
MEGHA MARKET, BEEDI ALABI ROAD,
MANGALORE-575101
REPRESENTED BY ITS PARTNER,
MRS.SAHALHI
51. PLASTIC PALACE
13-5-624, MARKET ROAD,
MANGALORE-575011
REPRESENTED BY ITS PROPRIETOR
MR.ABDUL KHADAR
9
52. S.K.PLASTICS
D.NO.6-99/7, SANEEVINI MARKET COMPLEX,
HOTEL MAHARAJA BUILDING,
SURATKAL, MANGALORE-575104
REP BY ITS PROPRIETOR
MR.MOHAMMED MUSTHAFA
53. M/S NEO PACK INDUSTRIES
INDUSTRIAL ESTATE,
BAIKAMPADY,
MANGALORE-575011
REPRESENTED BY ITS PARTNER,
MR.MOHAMMED ASHRAF
54. M/S POOJA PACKAGING AND PRINTING
C9, INDUSTRIAL AREA,
BAIKAMPADY,
MANGALORE-575011
REPERESENTED BY ITS PROPRIETOR
SRI.SUDHESH SHETTY
55. M/S PREMIER PLASTIC INDUSTRIES
24B, INDUSTRIAL AREA,
BAIKAMPADY,
MANGALORE-575011
REPRESENTED BY ITS PROPRIETOR,
MR.ABDUL NAZEER HUSSAIN
56. SRIJI PLASTICS
NO.133/4, MOCHOHALLI INDUSTRIAL ESTATE
MACHOHALLI,
VISHWANEEDAM POST,
BENGALURU-560091
REPRESENTED BY ITS PROPRIETOR
CHIMANLAL P KANABAR
57. SHREE PLASTICS
NO.8, MUTHURAYA SWAMY LAYOUT,
TENT ROAD, SUNKADAKATTE,
VISHWANEEDAM POST,
BENGALURU-560091.
REPRESENTED BY ITS PROPRIETOR,
BHAVIKA B KANABAR.
10
58. DIAMOND POLY PACK
AKSHITHA BUILDING,
BM SHANKARAPPA ESTATE, A MAIN,
SUNKADAKATTE MAGADI MAIN ROAD,
BENGALURU-560091.
REPRESENTED BY ITS PARTNER
NARPATRAJ.
59. V S PLASTICS
NO.117/1 & 117,
PETE CHANNAPPA INDUSTRIAL ESTATE,
KAMAKSHIPALYA,
MAGADI MAIN ROAD,
BENGALURU-560079.
REPRESENTED BY ITS PARTNER,
GANPATLAL.
60. SAS INDUSTRIES
NO.9, AVALAHALLI ANJANAPURA POST,
NEAR KHODAY"S GLASS FACTORY,
BENGALURU-560062.
REPRESENTED BY ITS PROPRIETOR,
NAGESH.
61. CHANDANA ENTERPRISES
NO.27, AVALAHALLI, ANJANAPURA POST,
NEAR KHODAY"S GLASS FACTORY,
BENGALURU-560062.
REPRESENTED BY ITS PROPIETOR
VENKATESH K.
62. SRI DEVI PLASTICS
D.NO.V.564, BEACH ROAD,
KOTESHWARA,
KUNDAPURA-576222.
REPRESENTED BY ITS PROPRIETOR,
SMT.ARATHI P
63. DURGA POLYMERS
IV 84, BEACH ROAD,
KOTESHWARA,
KUNDAPURA-576222,
REPRESENTED BY ITS PARTNER,
K.VENKATESH.
11
64. SHRI. VIGNESHWARA POLY PRODUCTS
SY. NO. 114, BEACH ROAD,
KOTESHWARA,
KUNDAPURA 576222.
REPRESENTED BY ITS PARTNER,
K. PRAKASH
65. KARNATAKA PLASTIC PRODUCTS
NO. 2, B.M. SANKARAPPA ESTATE,
MAGADI MAIN ROAD,
SUNKADAKATTE PETROL PUMP,
BENGALURU 560091.
REPRESENTED BY ITS PROPRIETOR
KANHAIYALAL JAIN
66. SIDDI VINAYAK INDUSTRIES
NO.6, RAGVENDRA INDUSTRIAL ESTATE,
THIGARAPALYA MAIN ROAD,
PEENYA 2ND STAGE,
BENGALURU 560058.
REPRESENTED BY ITS PROPRIETOR,
ANJALI AHUJA,
67. RISHAB POLY PACK
NO. 32-4, RAMESH SUPER MARKET,
KUMBARPET MAIN ROAD,
BENGALURU 560002,
REPRESENTED BY ITS PARTNER,
JUGRAJ P. JAIN
68. MODERN POLYMERS
SHED NO. 4, SY. NO. 126,
MACHOHALLI VILLAGE,
MAGADI MAIN ROAD, DASANAPURA HOBLI,
BENGALURU 560091.
REPRESENTED BY ITS PROPRIETOR
LALITH JAIN
69. PRESTIGE POLY PACK
262/357, SRI. GONDDAKAVALU,
SUNKADAKATTE VILLAGE,
YESHWANTPUR HOBLI,
BENGALURU 560091.
REPRESENTED BY ITS PROPRIETOR,
MR. OATMAL JAIN
12
70. TEEMACH PLASTICS
NO. 112/5-1,
14TH CROSS,
DODDANNA INDUSTRIAL ESTATE,
NEAR PEENYA 2ND STAGE,
BENGALURU 560091.
REPRESENTED BY ITS PARTNER
MR. CHETANA AN
71. TEAM THERMO CONTAINERS
NO.8, 19TH CROSS
DODDANNA INDUSTRIAL ESTATE
NEAR PEENYA 2ND SATAGE
BENGALURU-560 091
REPRESENTED BY ITS PARTNER
MR. ASAITHAMBI R
72. AADAV THERMOCRAFT
NO.71/2
SRI GANDANAGARA
HEGGANAHALLI (EAST)
SUNKADAKATTE
SRIGANDADA KAVAL
BENGALURU-560 091
REPRESENTED BY ITS PARTNER
ANANDA MOHAN
73. HINDUSTAN PLASTICS
5,6 AND 7
PETTE CHENNAPPA INDL. ESTATE
KAMAKSHIPALYA
BENGALURU-560 079
REPRESENTED BY ITS PROPRIETOR
SETHIA
74. VINAYAKA PLASTIC INDUSTRIES
53, 4TH CORSS
VINAYAKA LAYOUT
HEGGANA HALLI
BENGALURU-560 091
REPRESENTED BY ITS PROPRIETOR
B SRINIVASA REDDY
75. SHUBHAM INTERNATIONAL (P ) LTD
NO.62-63, 2ND MAIN ROAD
PATECHANNAPPA INDS. ESTATE
13
KAMAKSHIPALYA
BENGALURU-560 079
REPRESENTED BY ITS DIRECTOR
UMESH KUMAR AGARWAL
76. S3 INDUSTRIES
SHED NO.1, SY.NO.14
KATHA NO.233
GOLLAHALLI ANJANAPUR
BENGALURU-560 062
REPRESENTED BY ITS PROPRIETOR
BHARATI JAIN
77. B K INDUSTRIES
NO.39 AND 40
AVALAHALLI VILLAGE
UTTARAHALLI HOBLI
KONANAKUNTE CROSS
BENGALURU SOUTH TALUK
BENGALURU-560 062
REPRESENTED BY ITS PROPRIETOR
BALLABH JAIN
78. POLY MODULARS
43/1, 57, 7TH CROSS,
SANJEEVINI NAGAR,
HEGGANA HALLI CROSS,
BENGALURU-560091
REPRESENTED BY ITS PROPRIETOR
SATISH A
79. KUDUMA PLASTICS
43/1, 57, 7TH CROSS,
SANJEEVINI NAGAR,
HEGGANA HALLI CROSS,
BENGALURU-560091,
REPRESENTED BY ITS PROPRIETOR
BHARATHI RAJA S K
80. PRINCE POLY PRODUCTS
20 C.S. TEMPLE STREET,
KUMBARPET CROSS,
BENGALURU-560002
REPRESENTED BY ITS PROPRIETOR
MUKESH KUMAR
14
81. AMAR POLY PACK
NO.43/65, 2ND CROSS,
MARUTHI INDUSTRIAL LAYOUT,
KACHOHALLI, MAGADI MAIN ROAD,
BENGALURU-560091
REPRESENTED BY ITS PROPRIETOR
AMARNATH REDDY N S
82. VARDHAMAN POLY PACK
NO.73,-1C, KARIM SAHAB LAYOUT,
HEGGANA HALLI CROSS,
PEENYA 2ND STAGE,
BENGALURU-560091,
REPRESENTED BY ITS PARTNER RAMESH
83. LAKSHMI POLY PACK
NO.120, 1ST FLOOR, SRIGANDHAKAVALU
BEHIND V.S. SCHOOL,
MAGADI MAIN ROAD, SUNKADAKATTE
BENGALURU-560091,
REPRESENTED BY ITS PROPRIETOR LAKSHMI
84. SUJANI POLYPACKS
SHED NO.13 & 14,
SY.NO. 94/5, SSR LAYOUT,
KODGEHALLI POST,
KANNALLI VILLAGE,
YESHWANTHPUR HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560091, REPRESENTED BY ITS
PROPRIETORS SURESH KUMAR
85. AFREEN INDUSTRIES PVT LTD
NO.19 & 20, DIVYA LAXMI TOWER,
SULTANPET MAIN ROAD
BENAGLURU-560053
REPRESENTED BY ITS DIRECTOR
KMS INTIAZ SALEEM
86. SAMAY INDUSTRIES
16,17, 2ND MAIN ROAD
SAJJEPALYA, MAGADI MAIN ROAD,
BENGALURU-560091
REPRESENTED BY ITS PROPRIETOR
MAHAVEER JAIN
15
87. HANUMAN ENTERPRISES
43 & 65, KACHOHALLI,
BESIDES SUNVALLEY CLUB
DASAPURA HOBLI,
BENGALURU-560091
REPRESENTED BY ITS PROPRIETOR
NARAYAANA REDDY
88. NAGASHREE INDUSTRIES
NO.170, SY NO.18/2,
CHIKKALURU VILLAGE,
TAVAREKERE HOBLI,
MYSORE ROAD, BENGALURU-560074
REPRESENTED BY ITS PROPREITOR
SUJATHA M N
89. ROYAL PLASTICS
SHOP NO.1, PADMAVATHI COMPLEX,
SULTANPET BENGALURU-560053
REP BY ITS PROPRIETOR
K M S IMTIYAZ SALEEM
... PETITIONERS
(By SRI. UDAY HOLLA, SR. ADVOCATE APPEARING
A/W SRI.S.CHANDRASHEKAR, ADVOCATE
FOR M/S. HOLLA AND HOLLA, ADVOCATES)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
DEPARTMENT OF FOREST
ENVIRONMENT AND ECOLOGY
VIDHANA SOUDHA,
DR.AMBEDKAR VEEDHI
BENGALURU-560001.
... RESPONDENT
(By SRI.MADHUSUDHAN.R.NAIK, ADVOCATE GENERAL
APPEARING A/W SRI. D. NAGARAJ, AGA AND
SRI.DEVRAJ ASHOK, AGA)
16
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE NOTIFICATION DATED
11.03.2016 ISSUED BY THE RESPONDENT VIDE
ANNEXURE-L AND TO DIRECT THE RESPONDENT TO PAY
COSTS OF THIS PETITION.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE, MADE
THE FOLLOWING:
: ORDER :
These writ petitions are filed challenging the notification dated March 11, 2016, issued by the Government of Karnataka in exercise of the power conferred under Section 5 of the Environment (Protection) Act, 1986, (for short, 'the Act') imposing ban on manufacture, supply, sale and use of plastic carry bags, plastic banners, plastic buntings, flex, plastic flags, plastic plates, plastic cups, plastic spoons, cling films and plastic sheets used for spreading on dining table including the above items made of thermocol and plastic, which use plastic micro beads in the State.
2. Mr. Uday Holla, learned senior advocate moves the writ petitions challenging the notification dated March 11, 2016.
17
3. The principal contention of Mr.Holla is that there, already, exists Central Rules, that is, Plastic Waste (Management and Handling) Rules, 2011 and the Rule 4 of such Rules only prohibits manufacture and circulation of plastic bags less than 50 microns. He submits that the Notification dated March 11, 2016, has been issued by the Government of Karnataka in terms of the delegation given to it under the notification dated October 2, 1998, by the Ministry of Environment and Forest, Government of India. He submits that when the Government of India has a Rule imposing ban of manufacturing and circulation of plastic items of less than 50 microns, there could not be complete ban as contemplated in the notification under challenge.
4. Mr. Holla, further, submits that the Supreme Court of India, in one matter, entertained an appeal against an order of Himachal Pradesh High Court and stayed the Rules prepared for complete ban of plastic items.
18
5. Mr. Madhusudhan R.Naik, learned advocate general, on the contrary, submits that these writ petitions are not maintainable as there is an alternative and efficacious remedy available under Section 5 of the Act. The remedy, if any, of the writ petitioners is before the National Green Tribunal. He cites several decisions to highlight that many of the High Courts have transferred the environmental issues to the National Green Tribunal for disposal.
6. Mr.Uday Holla, in reply, submits that when constitutional issues are involved, alternative remedy cannot stand in the way of this Court to entertain a writ petition.
7. When there is alternative and efficacious remedy before the Competent Tribunal constituted under a Statute, that is, National Green Tribunal Act, 2010, it is desirable that these matters be placed before the National Green Tribunal for consideration.
8. We accept the preliminary objections of the learned advocate general and dismiss the writ petitions 19 on the ground that there exists an alternative and efficacious remedy before the National Green Tribunal.
All issues are, however, kept open.
In view of the dismissal of these writ petitions, I.A.No.1 of 2016 for impleading does not survive for consideration and is, also, dismissed.
We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE *ap/-