##PAGE1##

Serial No.137

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Case:- WP(C) No.1027/2023

M/s Anmol Health Care, Samba

….. Appellant(s)

Through: Mr. P.N. Raina, Sr. Advocate with

Mr. J.A. Hamal, Advocate & Mr. Rajnish

Singh Parihar, Advocate

Vs

UT of J&K & Ors. .….Respondent(s)

Through: Mr. Pranav Kohli, Sr. Advocate

Mr. Vikas Malik, Advocate

Ms. Nazia Fazal, Advocate vice

Mrs. Monika Kohli, Sr. AAG

Mr. Vishal Bharti, Dy. AG

Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER

(24.12.2025)

1. In response to the submissions made from the end of

learned counsel Mr. P. N. Raina, Sr. Advocate arguing for

the petitioner with respect to subject matter of

adjudication related to the writ petition, the respondent

No.3’s learned counsel Mr. Pranav Kohli, Sr. Advocate,

assisted by Mr. Vikas Malik, Advocate had come forward

with an objection about very entertainability as well as

maintainability of the writ petition under article 226 of the

Constitution of India by citing the mandate as set out by

the Hon’ble Supreme Court of India in its three-judge

bench judgment in the case of “Bhopal Gas Peedith

Mahila Udyog Sangathan Vs Union of India & Ors.,

WP(C) No.1027/2023

2

(2012) 8 SCC 326” by particular reference to para (40) &

(41). Para 40 & 41 are reproduced as under:-

“40. Keeping in view the provisions and scheme of the

National Green Tribunal Act, 2010 (for short the ‘NGT Act’)

particularly Sections 14, 29, 30 and 38(5), it can safely be

concluded that the environmental issues and matters

covered under the NGT Act, Schedule 1 should be

instituted and litigated before the National Green Tribunal

(for short ‘NGT’). Such approach may be necessary to

avoid likelihood of conflict of orders between the High

Courts and the NGT. Thus, in unambiguous terms, we

direct that all the matters instituted after coming into

force of the NGT Act and which are covered under the

provisions of the NGT Act and/or in Schedule I to the NGT

Act shall stand transferred and can be instituted only

before the NGT. This will help in rendering expeditious

and specialized justice in the field of environment to all

concerned.

41. We find it imperative to place on record a caution for

consideration of the courts of competent jurisdiction that

the cases filed and pending prior to coming into force of

the NGT Act, involving questions of environmental laws

and/or relating to any of the seven statutes specified in

Schedule I of the NGT Act, should also be dealt with by

the specialized tribunal, that is the NGT, created under

the provisions of the NGT Act. The Courts may be well

advised to direct transfer of such cases to the NGT in its

discretion, as it will be in the fitness of administration of

justice.”

2. In response to said plea, this Court called upon Mr. P.N.

Raina, learned Sr. Advocate assisted by Mr. J.A. Hamal,

Advocate and Mr. Rajnish Singh Parihar, Advocate for the

petitioner to examine the scope of very entertainability and

maintainability of this writ petition at the instance of the

WP(C) No.1027/2023

3

petitioner instead of approaching appropriate bench of the

National Green Tribunal in terms of the National Green

Tribunals Act, 2010.

3. Today, Mr. P.N. Raina, Sr. Advocate has come up with the

position post 2012 judgment of the Hon’ble Supreme

Court of India in case of “Bhopal Gas Peedith Mahila

Udyog Sangathan (supra).

4. Mr. P.N. Raina, Sr. Advocate submits that legal position

came to take a shift with the indulgence of the Hon’ble

Supreme Court of India in case of Adarsh Cooperative

Housing Society Ltd. Vs Union of India & Ors., SLP

(Civil) No.27327/2013

5. Three-judge bench of the Hon’ble Supreme Court of India

in said “Adarsh Cooperative Housing Society Ltd.,

case, vide its order dated 10.03.2014 had come to keep

on hold the mandate of direction as given in para (40) &

(41) of its judgment in “Bhopal Gas Peedith Mahila

Udyog Sangathan Vs Union of India & Ors.,” (2012) 8

SCC 326, with a copy of said order dated 10.03.2014

even directed to be circulated to all the High Courts in the

Country.

6. Later on, in ter