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Ved Prakash Joshi vs State Of U.P. And Others on 16 September, 1997

It was noticed by the Tribunal that similar order bad been passed by the Division Bench in Civil Writ Petition (PIL) No. 12876/2011 (Ved Prakash Joshi Vs. State of Raj. & Ors.) The compliance report was to be filed by 29 th January, 2016. The State Government was also directed to issue notice to the persons who were contributing to the pollution as to why they should not pay compensation of Rs. 25,000/- and the same be deposited in Environment Relief Fund. It was also ordered that those who resist such claim, shall be directed to be present before the Tribunal. The learned counsel for the applicant made available the copy of the notices issued to the persons causing pollution, to show that order of the Tribunal has not been complied with in letter and spirit. Tribunal observed that the notices do not disclose as to what the noticees had to do and even if he is willing to pay, where the amount was to be paid and if he is disputing then when he has to appear before the Tribunal. The Tribunal clearly observed as under that the notices issued are not in compliance of the directions of the Tribunal. "We are sorry to note this attitude. The state is directed to comply with the directions in letter and spirit, without failure or otherwise we will be constrained to take appropriate action."
Allahabad High Court Cites 1 - Cited by 67 - O P Garg - Full Document

The State Of Uttar Pradesh vs Mohammad Nooh on 30 September, 1957

The law laid down by Hon'ble the Apex Court in State of U.P. v. Mohammad Nooh (supra) still holds the field and in view of the law laid down a writ in the nature of certiorari can be issued even if a remedy of appeal/revision is available on arriving at a conclusion that an inferior court or Tribunal of first instance has committed an error so patent that may not be cured or obliterated by adopting the other statutory remedy. The doctrine of availability of alternative remedy may also be ignored, if the inferior court or Tribunal of first instance acts wholly without jurisdiction or patently in excess of jurisdiction or manifestly conducts the proceedings of a writ in the manner that that is contrary to the rules of natural justice.
Supreme Court of India Cites 27 - Cited by 1128 - Full Document
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