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Showing contexts for: precautionary principle in Smt. Nirmala Devi vs State & Ors on 29 September, 2016Matching Fragments
The most important aspect of the matter is that the remedy provided under the Act of 2010 is before the Hon'ble Supreme Court of this country. The Tribunal as per Section 20 of the Act of 2010 is under statutory obligation to apply the principles of sustainable development, the precautionary principle and the polluter page principle. Instant one is a case where an admitted polluter is demanding the shield of fundamental right to protect his business which is subject to statutory conditions. It is also relevant to notice that Section 29 of the Act of 2010 puts a bar upon civil courts to entertain any appeal in respect of any matter which the Tribunal is empowered to determine. Though a writ court is not subjected to Section 29 ibid, but the underline principle suggests that even the writ court should be extremely slow in entertaining any issue which is under the jurisdiction of the Tribunal, as such, we do not think that the instant one is a case where a deviation from a well settled rule of policy is desirable.