A.M.KHANWILKAR, DINESH MAHESHWARI
Ratnagiri Nagar Parishad – Appellant
Versus
Gangaram Narayan Ambekar – Respondent
Key Points: - The judgment discusses the bar of civil court jurisdiction for environmental matters after the establishment of the National Green Tribunal under the 2010 Act, including Section 29 and its implications for appeals and relief (NGT jurisdiction vs. civil courts) (!) (!) (!) (!) . - It analyzes the appropriateness of granting a simpliciter permanent injunction in a quia timet action concerning environmental projects, emphasizing that the initial burden of proof for actionable nuisance must be discharged and that such preventive injunctions require clear evidence of imminent harm; otherwise relief cannot be granted (Sections discussing Sections 41(f), 41(h) of the 1963 Act and opinion on quia timet) (!) (!) (!) (!) . - The Court sets out that where substantial questions relating to the environment arise, such matters should be transferred to NGT for adjudication, and that pending pre-2010 suits may be subject to transfer as per Bhopal Gas decision guidance (!) (!) (!) .
JUDGMENT
A.M. Khanwilkar, J.
1. Leave granted.
2. This appeal emanates from the judgment and order dated 29.8.2016 passed by the High Court of Judicature at Bombay [For short, “the High Court”] in Second Appeal No. 771/2015, whereby the judgment and decree dated 11.2.2015 passed by the District Judge, Ratnagiri [For short, “the first appellate Court”] in Regular Civil Appeal No. 34/2011 came to be affirmed, as a result of which the suit filed by the respondent Nos. 1 to 19 (original plaintiffs) in the Court of Civil Judge, Senior Division, Ratnagiri [For short, “the trial Court”] being RCS No. 25/2005 for permanent injunction against the appellant and respondent No. 20 (State of Maharashtra), restraining them from starting the Solid Waste Disposal Project [For short, “the Project”] at the suit property, has been decreed. In other words, the trial Court had dismissed the suit, but the first appellate Court allowed (decreed) the same, which decision has been upheld by the High Court in the Second Appeal.
3. Briefly stated, the respondent Nos. 1 to 19 filed the stated suit on 31.1.200
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.