TaxTMI 
TaxTMI 
2018 (10) TMI 1782
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....e same, writ of certiorari or any other writ, order or direction in the like nature may kindly be passed thereby quashing and setting aside the impugned notice dated 20.11.2017 issued under Indian Forest Act, 1927 by Forest Zone Officer and order dated 26.05.2017 passed below (Item no.7, Order No.20) in Application No.115 of 2015 (WZ) and order dated 23.01.2018 passed below (item No.3) in Original Application No.120 of 2017 (WZ) with Application No.115 of 2017 (WZ); " 3. Learned counsel for the petitioner has contended that in Original Application No.115 of 2015 in case of Ramesh Arge vs Conservator of Forests, Pune and ors, a Division Bench of the NGT has passed an order on 26.5.2017 directing the Chief Conservator of Forests and the Principal Chief Conservator of Forests, as also the Collector of Pune and the Principal Chief Secretary (Forest), to take steps to remove all the encroachments on the forest lands within three (3) weeks in accordance with law and restitute the environment. The said order reads thus : "This application has been moved by resident of Pune regarding destruction of forest land due to th encroachment, more particularly described herein below : ....
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....ance of the earlier order dated 26.5.2017. The relevant extract of this order reads thus: "The case taken on Board at the request on behalf of Mr.Gupte who submits that presence of Chief Conservator of Forest may be dispensed with today and he will advice the officer concerned appropriately and come back to the Tribunal with a positive action report taken by the officer concerned. Submission placed on record. However, in view of several other issues being raised now we direct the Chief Conservator of Forest to conduct spot inspection/survey of the area in question along with District Collector and submit a report about the factual aspects of the structures on the land in question. This report shall be filed by the next date of hearing. In purpose of conducting either the survey/inspection or enforcement of the orders, the Forest Department is permitted to approach for required assistance from the Director General of Police in view of failure of the other officers, In case of such a request, the Director General of Police shall be bound to issue appropriate instructions to the officers concerned and ensure such assistance is provided. List it for further proceedings on 1st ....
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....order dated 26.5.2017 passed by the Division Bench of the tribunal, the real cause for the petitioner to be aggrieved, is by the order passed by the Division Bench on 23.1.2018 which is a substantive order. 9. Now coming to the first order dated 26.5.2017 passed by the Division Bench of the NGT, on a query made to the learned counsel for the petitioner, he fairly concedes that although the order dated 26.5.2017 was passed by the division bench of the Tribunal exparte to the petitioner, the petitioner has not taken any steps to move the Bench of the NGT by appropriate proceedings for vacating of the said order and the petitioner, straight away has approached this Court by the present proceeding. 10. On behalf of State Government (respondent nos.2,3 and 6) a replyaffidavit of Mr.Madhukar Bapurao Telang Assistant Conservator of Forests, Pune Forest Division, Pune is placed on record disputing the contentions of the petitioner more particularly of the petitioner having no rights on forest land in question. On behalf of the State Government, it is contended that Gat no. 78 (Old survey no.11) is a reserved forest declared to be so by a Government Notification (No.4375A) dated June ....
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....icer was to give notice of removal of encroachment and to remove the encroachment by exercising the powers given to him as per S.26 (1A) of the Act and it is not correct to say that no due process of law has been followed. The National Green Tribunal has only asked the respondents to perform their legal duty to remove encroachment on the reserved forest and there was no reason to implead the Petitioner before the National Green Tribunal. Therefore he cannot raise a grievance that he was not heard by the N.G.T. 29. With reference to the prayer clause in para no.33, I state and submit that as the Forest Officer who issued the impugned notice is empowered to remove the encroachment committed by the Petitioner in the said land and as the petitioner has no right title or interest, in the said land which is reserved forest, the petitioner is not entitled to any relief sought for in this writ petition which deserves to be dismissed with costs and compensatory costs." 11. As the issue raised in the present petition arises from the orders passed by the NGT, we called upon the learned counsel for the petitioner to address the Court on the maintainability of the petition ....
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....ssue including the decision of the Supreme Court in L.Chandrakumar (supra) the division bench specifically considering the effect of Section 22 of the NGT Act, held that the petition was not maintainable in view of the specific alternate remedy created by the NGT Act. 14. We may note the background of the NGT Act. 15. As India was a party to the decisions taken at the United Nations conference on the 'Human Environment' held at Stockholm in June 1972, calling upon the States to take appropriate steps for the protection and improvement of human environment. A decision was taken in the United Nations Conference on Environment and Development held at Rio de Janeiro in June 1992 in which India participated, calling upon the States to provide effective access to judicial and administrative proceedings, including redress and remedy and to develop national laws regarding liability and compensation for the victims of pollution and other environmental damage. In the judicial pronouncements in India, the right to healthy environment was construed as a part of the right to life under Article 21 of the Constitution. It was therefore considered expedient to implement the decisions....
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....introduce the National Green Tribunal Bill, 2009 which inter alia Provide (e) That the Tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment) is involved and such question arises out of the implementation of the enactments specified in the Schedule I to the Bill and to grant relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the Schedule I to the Bill and to hear appeals under certain enactments specified in the Schedule III to the Bill." 19. Now as regard to the parameters of service matters and the jurisdiction of the High Court to entertain writ petitions against the orders of the Administrative Tribunals, we may observe that the Administrative Tribunals Act, 1985 provides for the establishment of the Central Administrative Tribunal and the State Administrative Tribunal to deal with service matters arising under the All India Services or State Services. The Administrative Tribunal Act, 1985 does not contain a specific provision conferring a right to appeal to the Supreme Co....
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....etition under Article 226 of the Constitution if an effective remedy is available to the aggrieved person and that this rule applies with greater rigour in matters involving recovery of taxes, cess, fees, other types of pubic money and the dues of banks and other financial institutions. In our view, while dealing with the petitions involving challenge to the action taken for recovery of the public dues, etc the High Court must keep in mind that the legislations enacted by Parliament and State Legislatures for recovery of such dues are a code unto themselves inasmuch as they not only contain comprehensive procedure for recovery of the dues but also envisage constitution of quasijudicial bodies for redressal of the grievance of any aggrieved person. Therefore, in all such cases, the High Court must insist that before availing remedy under Article 226 of the Constitution, a person must exhaust the remedies available under the relevant statute." "18. On perusal of the said observations of the Apex Court, a serious concern has been shown by the Apex Court with regard to the matters which the High Court has entertained under Articles 226 and 227 when a statutory appeal is provid....