The main legal point established is that parties should follow the directives in the orders of specialized tribunals and approach the tribunal directly if aggrieved, rather than filing separate writ petitions.

JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition has been filed for quashing the order as contained in memo No. 938(M) dated 19.09.2022 (Annexure-6 to the writ petition) whereby the respondent No. 3 has directed the petitioner to remove its crusher unit within 15 days, failing which appropriate action would be initiated against it. Further prayer has been made for a declaration that the action of the respondent No. 3 on the ground of alleged compliance of the order passed by the National Green Tribunal, Principal Bench, New Delhi directing the petitioner to remove its crusher unit, as the same is falling within the Grid Line, is absolutely illegal, arbitrary and is contrary to the direction of the National Green Tribunal, New Delhi.

2. The contention of the petitioner is that the respondent No. 3 while misinterpreting the order dated 23.08.2022 passed by the National Green Tribunal, Principal Bench, New Delhi in Original Application No. 23/2017 (EZ), has passed the impugned order dated 19.09.2022 directing it to remove its crusher unit, as according to the said authority, the same is falling within the Grid Line. According to learned counsel for the petitioner, the said order of the National Green Tribunal does not contain any direction of permanent closure of any crusher unit falling within the Grid Line, rather the Central Pollution Control Board has given suggestion to the National Green Tribunal for imposing restriction on operation of crusher units falling within the particular Grid Line during winter season, pursuant to which, the National Green Tribunal has directed the Chief Secretary of the Government of Jharkhand to constitute a committee and submit a report in this regard.

3. Heard learned counsel for the parties. Paragraph 15 of the order dated 23.08.2022 passed by the National Green Tribunal, Principal Bench, New Delhi reads as under:

“It is made clear that affected stone crushers/mining units will be at liberty to move this Tribunal, if they are aggrieved by this order or by orders passed in pursuance of order of this Tribunal.”

4. Since the contention of the petitioner is that the impugned order dated 19.09.2022 is contrary to the direction as contained in the order dated 23.08.2022 passed by the National Green Tribunal, Principal Bench, New Delhi, this Court is of the view that the petitioner instead of preferring the present writ petition, should have approached the National Green Tribunal itself in terms with the observation made in paragraph 15 of the same.

5. The present writ petition is accordingly dismissed as not maintainable.

6. The petitioner is however at liberty to prefer an application before the National Green Tribunal, Principal Bench, New Delhi in Original Application No. 23/2017 (EZ) on the present issue.

7. Consequently, I.A. No. 9929/2022 also stands dismissed.