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1 - 4 of 4 (1.91 seconds)Section 3 in The Environment (Protection) Act, 1986 [Entire Act]
Section 15 in The Environment (Protection) Act, 1986 [Entire Act]
Kirti Trambaklal Shah vs Collector Of Mumbai District And Ors. on 21 September, 2005
7. There is no dispute about the fact that the
Petitioner is the sole owner of the property in
question and that no offence is registered against her
in respect of any alleged illegal excavation of the
sand. Petitioner is not party to the proceedings before
the authority under the MLRC. Division Bench of this
Court in case of Kirti (supra) has observed that the
order passed against the person, who is not party to
the proceeding, cannot be compelled to exhaust
alternate remedy. It is further held that this Court is
Page 4 of 6
WP-3774-2022+.odt
not debarred from exercising extraordinary jurisdiction
in appropriate cases. As similar facts are involved in
instant case, Petition is held maintainable.
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