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Anand Gram Society Hansens Disease ... vs Shri. Ramesh Maloji Arge And Ors on 30 October, 2018

In support of his submission, learned counsel for the petitioner has drawn our attention to the decision of the Division Bench of this Court in Windsor Realty Pvt.Ltd vs Secretary, Ministry of Environment and Forest1 to contend that in this decision, the division bench considering the law laid down by the Supreme Court in L.Chandra Kumar vs Union of India 2 and in Whirlpool Corporation vs.Registrar of Trade Marks Mumbai3 the Division Bench has held that the Court can exercise powers of judicial review, even when the petitioner has an alternate remedy to file a statutory appeal. Learned counsel for the petitioner however, would fairly point out that this decision of the Division Bench does 1 2016 SCC Online Bom 5613 2 (1997) 3 SCC 261 3 (1998) 8SCC 1 ::: Uploaded on - 03/11/2018 ::: Downloaded on - 04/11/2018 00:01:15 ::: rng 12/22 wp1818.18.doc not find any consideration on the consequence of the specific provision of an appeal to the Supreme Court as provided in section 22 of the Act.
Bombay High Court Cites 20 - Cited by 0 - G S Kulkarni - Full Document

Jiten Agro Land And Farm Pvt. Ltd And Ors vs The Ministry Of Environment And Forest ... on 20 September, 2021

22. We have considered the arguments advanced by Mr. Narula, while elaborating on the aforesaid points, with the attention the same deserve; however, we regret recording that none of the points has impressed us. In fact, at one point of time in course of hearing on August 26, 2021, we had observed that the petitioners' remedy, if at all, touching environmental issues lay before the NGT and that the NGT not having been approached within the period of limitation specified in section 16 of the NGT Act, 2010, the writ petition itself may not be maintainable. Mr. Narula had reacted by contending that acquisition of the petitioners' properties contrary to the 1989 Act could not have been a subject matter of challenge before the NGT in view of the decision of a 19 8wp10505-19 Division Bench of this Court in Writ Petition No. 594 of 2015 dated June 6, 2016 [Windsor Realty Pvt. Ltd. vs. Secretary, Ministry of Environment and Forest & Ors.] and, therefore, the writ petition was well-nigh maintainable.
Bombay High Court Cites 25 - Cited by 0 - D Datta - Full Document
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