HC refuses to transfer demolition plea to NGT

Bombay High Court Tuesday refused to transfer a plea filed by Adarsh Housing society challenging a demolition order to the National Green Tribunal,saying environment violation cannot be dealt separately from other allegations against it.

Written by Press Trust Of India | Mumbai | Published:July 3, 2013 1:43 am

Bombay High Court Tuesday refused to transfer a plea filed by Adarsh Housing society challenging a demolition order to the National Green Tribunal,saying environment violation cannot be dealt separately from other allegations against it.

The society based its plea on a directive by Supreme Court while hearing the Bhopal gas tragedy case that all cases which question the provisions of environment law should be heard by the green tribunal.

A division bench of Chief Justice Mohit Shah and Justice M S Sanklecha dismissed the application. “The petition challenging the demolition order cannot be treated as stand alone and has to be seen as one of the several proceedings pending before this court pertaining to Adarsh,” the court said.

The bench observed that the SC had said petitions pertaining to environment issues “can” be transferred and did not say “must” be transferred.

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