NGT lacks jurisdiction over matters adjudicated by High Court; no new cause post final writ decision.

ORDER

1. The matter with regard to determination of right title and interest of the property under question or existence of park, allotment of park, nature of the park or changing the nature of park or construction of primary school after the allotment by the competent authority or the very validity of the allotment or changing the nature of the park and raising the construction where directly and substantially in issue in O.A. 16/2023(CZ) and Writ Petition No. 2485/2023 and the matter were heard and decided by the Tribunal as well as by Hon’ble High Court of Madhya Pradesh at Jabalpur.

2. By deciding the O.A. 16/2023(CZ) vide order dated 01.08.2023 the Tribunal found that the matter has been raised before Hon’ble High Court of Madhya Pradesh at Jabalpur and vide order dated 06.04.2023 the interim order with regard to maintaining the status quo have been passed by the Hon’ble High Court and thus this Tribunal vide order dated 01.08.2023 disposed this application in the following manner:-

1. Subsequently, on 06.03.2023, residents of the society also appeared before High Court and pointed out that the land on which construction was being raised is reserved for park and its nature cannot be changed by raising construction. High Court noted this fact in the order dated 06.04.2023 and observed that this fact that the land was reserved for park was not disclosed to it and taking into account this fact, High Court modified its interim order by directing parties to maintain status quo and also by directing that no construction will be raised in the area. Order passed by High Court of Madhya Pradesh at Jabalpur on 06.04.2023, is reproduced as under:

“Learned Sr. counsel appearing for intervenor submitted that they are residents of the society and the place which is reserved as parks has been allotted to the petitioner for construction of school. It is submitted that use of land and the purpose for which it has been reserved cannot be changed. There is stay in the matter and petitioner is continuing with construction work. Ex-parte stay has been granted in favour of petitioner. This fact was not before the court that place where construction is being raised is reserved for parks.

In view of the same order dated 10.02.2023 is modified to the extent that staus quo be maintained till the next date of hearing and no construction will be raised in the area. Learned counsel for the petitioner prays for and is granted two weeks‟ time to file reply to applications for interventions. State Govt., DDA and Municipal Corporation shall also seek instructions in the matter and file reply.

List the matter in week commencing 24.04.2023.”

2. Since the issued raised before us is already ceased with High Court of Madhya Pradesh at Jabalpur, the same issue cannot be allowed to be raised simultaneously before this Tribunal also. It is the order of High Court which shall prevail and parties will have to be governed by the orders passed by High Court.

3. I n this view of the matter, we do not find that continuance of proceedings would be appropriate.

4. The application is accordingly disposed of with the liberty to the parties to pursue their matter in High Court of Madhya Pradesh at Jabalpur in the pending Writ Petition No.2485/2023 (supra). However, it is made clear that the parties are always at liberty to approach Tribunal if any new different cause of action survive or arise in future, after the matter is decided by High Court.”

3. The matter of purchase of plot under question, issue of demarcation certificate on 25.11.1999, grant of sanction to the society, possession certificate in the year 2004 and 2008, permission to construct the building under Rule 27 of the Madhya Pradesh Bhumi Vikas Nigam, 2012, objection dated 20.12.2022, the order dated 09.01.20