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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, CJ., MURAHARI SRI RAMAN
Sumanta Swain – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. discretion of high court to entertain writ petitions. (Para 1 , 2) |
| 2. impact of fly ash dumping on environment and agriculture. (Para 3 , 4) |
| 3. high court's jurisdiction remains despite specialized forums. (Para 5 , 6 , 9 , 10) |
| 4. hierarchy of appeals and limitations of ngt jurisdiction. (Para 7 , 8) |
| 5. writ petition disposed of in favor of ngt jurisdiction. (Para 11) |
JUDGMENT :
1. The question was raised before the counsel on the first motion as to whether the relief claimed in the instant writ petition can also be claimed before the specialized Tribunal i.e. National Green Tribunal (for short, ‘NGT’) and, therefore, why the writ Court should not relegate the parties to approach the said Tribunal. In other words, the Bench was of the view that once the specialized Tribunal is constituted to deal with the issues raised in the instant writ petition, whether the litigant can bypass such statutory forum and approach the High Court as a rule of convenience.
3. The point was raised, at the threshold, in the instant writ petition as to why the litigant should not be directed to exhaust such statutory remedy upon noticing the facts narrated in the writ petition and the reliefs
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