The State of Andhra Pradesh vs Raghu Ramakrishna Raju Kanumuru (M.P.)

Court

Supreme Court of India

Date

1 June 2022

Case No.

Civil Appeal No(s). 4522-4524 of 2022

Result

Disposed

Bench

Bhushan Ramkrishna Gavai, Hima Kohli

Citation

[2022] 6 S.C.R. 810 : 2022 INSC 633

Headnote

Constitution of India: Arts. 32, 226 and 323 B – Territorial jurisdiction of High Court – On facts, as regards, construction activities in the area, National Green Tribunal-NGT prohibited the appellant from undertaking any further construction, when the High Court was already in seisin of the matter and had passed an interim order permitting the construction – Thereafter, NGT rejected the application seeking vacation of stay imposed on construction – On appeal held: Tribunals would be subordinate to the High Court insofar as the territorial jurisdiction of the High Court is concerned – On facts, it was not appropriate on the part of the NGT to have continued with the proceedings before it, specifically, when it was pointed that the High Court was also in seisin of the matter and had passed an interim order permitting the construction – Conflicting orders passed by the NGT and the High Court would lead to an anomalous situation, where the authorities would be faced with a difficulty as to which order they are required to follow – In such a situation, the orders passed by the constitutional courts, would prevail over the orders passed by the statutory tribunals – Continuation of the proceedings before the NGT for the same cause of action, which is seized with the High Court, not in the interest of justice, thus, the proceedings pending before the NGT quashed and set aside – High Court to consider all facts and pass appropriate orders striking a balance between the development and the environmental issues – Tribunals – Appeal against orders of statutory bodies – Cause of action.

L. Chandra Kumar v. Union of India and Others (1995)

1 SCC 400 : [1994] 6 Suppl. SCR 261 – followed. Priya Gupta and Another v. Additional Secretary, Ministry of Health and Family Welfare and Others (2013) 11 SCC 404 : [2012] 12 SCR 818 – referred to.

The Judgment of the Court was delivered by B. R. GAVAI, J. Permission to file appeal without certified/plain copy of impugned order is granted. Issue notice. Shri Balaji Srinivasan, learned counsel accepts notice on behalf of the sole respondent, and as such, we have heard the matter finally. 1. The appellant challenges the order dated 6th May 2022 passed by the National Green Tribunal, Principal Bench, New Delhi (hereinafter referred to as the “NGT”) in O.A. No.361 of 2021, vide which it prohibited the appellant from undertaking any further construction. The appellant also challenges the

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