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2018 Supreme(Mad) 2889
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR, SUBRAMONIUM PRASAD, JJ.
Global Warming Environment Protecting Society (Regd.) Kanchipuram, Tamil Nadu, India - Petitioners
Versus
The Chief Secretary of Tamil Nadu, Chief Secretariat, Chennai & Others - Respondents
WP. No. 7038 of 2018
Decided On : 15-11-2018
For the Petitioner:Swami Govinda Ramanuja Das, Advocate.
For the Respondents:E. Manoharan, Additional Government Pleader, P. Ayyaswamy, M. Santhanaraman, Additional Government Pleader (Forest), B. Maharaj, Special Government Pleader (HR&CE), Abdul Saleem, Advocate.
Availability of an alternative and efficacious remedy under the National Green Tribunal Act, 2010, precludes the interference of High Courts under Article 226 of the Constitution of India.
Headnote:
POLLUTION - National Green Tribunal Act, 2010 - Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 - The court directed the petitioner to approach the National Green Tribunal due to the availability of an alternative and efficacious remedy. The issue of solid waste management was being monitored by the National Green Tribunal, and specific committees had been constituted for this purpose.
Fact of the Case:
The petitioner filed a public interest litigation seeking action to reduce and protect air and water pollution in slum areas, dispose of solid waste, and ensure healthy living conditions for the people.
Finding of the Court:
The court found that the issues raised fell within the ambit of the National Green Tribunal Act, and since an alternative remedy was available, the petitioner should approach the National Green Tribunal.
Issues: The main issue was whether the petitioner's claims should be entertained by the court under Article 226 of the Constitution of India, considering the availability of an alternative remedy through the National Green Tribunal.
Ratio Decidendi: The court held that when an alternative and efficacious remedy is available, High Courts must not interfere under Article 226 of the Constitution of India.
Final Decision: The writ petition was disposed of, directing the petitioner to approach the National Green Tribunal. No costs were awarded.
SUBRAMONIUM PRASAD, J.
1. The present public interest litigation has been filed by Global Warming Environment Protecting Society (Regd.), represented by its President, Swami Govinda Ramanuja Dasa, for a direction to the respondents to consider his representation dated 23.01.2018; for taking appropriate action to reduce and protect the Air & Water Pollution in all the affected slum areas; dispose of the solid waste at two dumping yards at Kodungaiyur and Perungudi, Chennai and other 12 Corporations in Tamil Nadu; and also to save innumerable number of down trodden people by assuring life saving and healthy living circumstances.
2. The petitioner in this writ petition has highlighted the various problems of pollution (both air and water) and has ultimately made a prayer to consider his representation.
3. A perusal of the petition would show that it only deals with environment pollution. The parliament has enacted the National Green Tribunal Act, 2010. The National Green Tribunal has been constituted to adjudicate merely substantial question relating to environment (including enforcement of any legal right relating to environment), questions arises out of the implementation of the enactments specified in the Schedule -I to the Act. Schedule 1 to the Act includes the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.
4. The issue raised by the petitioner covers entirely within the ambit of National Green Tribunal Act, 2010. Since there is an effective, efficacious and alternative remedy available to the petitioner, the petitioner should present his petition before the National Green Tribunal.
5. The issue regarding disposal of solid waste is being continuously monitored by National Green Tribunal. In fact, as late as 31.08.2018, the National Green Tribunal, Principal Bench, New Delhi has given directions regarding disposal of solid waste. The relevant paragraphs of the order dated 31.08.2018 made in OA No.606 of 2018 in the matter of "compliance of Municipal Solid Waste Management Rules, 2016", reads as hereunder.
"7. Following issues were circulated to the States and UTs to facilitate interaction:
(i) Whether State-wise Action Plan with timelines and budgetary support/provision for management of MSW has been prepared?
(ii) Whether each city/town/urban local body is covered under the said Plan and individual Action Plan has timelines with budgetary provisions?
(iii) What time has been fixed to completely comply with the provisions of the Rules, 2016?
(iv) What are the main constraints of non-compliance of Rules, 2016?
8. Meetings were held with all the States and Union Territories on 02.08.2018, 07.08.2018, 08.08.2018, 13.08.2018 and 20.08.2018 on the aforesaid matter. At the conclusion of the interaction with the States and Union Territories, it was decided and declared that certain binding directions need to be issued by the Tribunal by forming Apex Level, Regional Level and State Level Committees to oversee the steps taken for implementation of the Rules, 2016 and the directions issued by the Tribunal and give a report to this Tribunal at the end of the quarter. The Committees may have interaction individually with the Statutory Authorities and the Urban Local Bodies. Accordingly, we are recording this order. The Registry may register these proceedings as a fresh Original Application. 17. We accordingly, propose to direct constitution of an Apex Monitoring Committee, Regional Monitoring Committees and State Level Committees to oversee the steps to be taken to give effect to the directions of this Tribunal so that if necessary, further action can be taken in the matter.
18. The role of the Apex Monitoring Committee will be to interact with the concerned Ministries and the Regional Monitoring Committees. The Apex Monitoring Committee may formulate guidelines/direction
