Civil Appeal No. 2412/2020
Section 29 of the National Green Tribunal Act
The appellant in the stated suit is Ratnagiri Nagar Parishad who intends to set up a Solid Waste Disposal Project in the suit property at village Dandeadom,Taluka and District Ratnagiri bearing Gat No. 219 ad measuring 2H-46 Aars which had been allotted to them by the State Government. The suit land is located around 10 kms away from the limits of the Ratnagiri City at a hilly and sloppy area and is rocky and hard. The location selected for setting up the project was wholly ill advised as it would entail in serious health problem for the villagers and also inevitably pollute the river nearby. Moreover, this project is also likely to pollute the Sheel Dam, which is located on the boundary of the village. Initially, some other site was identified for setting up the project , but due to political intervention , it has been shifted to the present location, which is not at ideal being a rocky hard and sloppy track. On the basis of the above facts respondents filed a suit in trial court, where it was held that the respondents do not have any scientific knowledge about the solid waste disposal projects; neither have they taken any advice from the experts. Hence, the suit was dismissed. Then the matter was carried in appeal by the respondents, where the appeal was allowed and judgement given by trial court was set aside.. Aggrieved by which the appellant filed a second appeal before the HC, where it was held that the second appeal is devoid of merits and is accordingly dismissed. Aggrieved by the decision of HC, appellant has approached SC stating that after coming into force of the National Green Tribunal Act, 2010 National Green Tribunal has been established to deal exclusively with the subject of environmental protection and the civil courts are barred from that reason and hence the degree passed by the first appellate court and confirmed by the HC is not suitable in the eyes of law.
Whether the suit as filed in the year 2005 would be affected by the coming into force of the 2010 Act effect from 2.6.2010?
It is a different matter that the Trial Court chooses to dismiss the suit on the finding that plaintiffs had failed to substantiate the case set up by them in the plaint. Once the suit was barred by the law, the civil court could not have proceeded with the suit and at best, the parties could have been relegated before the NGT, the special forum created by 2010 Act.
This Appeal succeeds and the judgement decree passed by the first appellate court and by the HC is set aside. Pending interlocutory applications, if any, shall stands disposed of.
Order VII Rule 2 of CPC, Article 113and 58 of the Limitation Act, 1963, Article 120 of the Limitation Act of 1908.
Article 19(1)(a), Article 19(1)(g), section 144 of CrPC
Section 364A The Indian Penal Code, 1860 Article 136 of The Constitution of India, 1949 Section 482 of the Code of Criminal Procedure, 1973 Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 Rule 12(3)(a) of the Juvenile Justice (Care and Protection of Children) Rules, 2007