Constitution of India: Arts. 32, 226 and 323 B – Territorial
jurisdiction of High Court – On facts, as regards, construction
activities in the area, National Green Tribunal-NGT prohibited the
appellant from undertaking any further construction, when the High
Court was already in seisin of the matter and had passed an interim
order permitting the construction – Thereafter, NGT rejected the
application seeking vacation of stay imposed on construction – On
appeal held: Tribunals would be subordinate to the High Court
insofar as the territorial jurisdiction of the High Court is concerned
– On facts, it was not appropriate on the part of the NGT to have
continued with the proceedings before it, specifically, when it was
pointed that the High Court was also in seisin of the matter and had
passed an interim order permitting the construction – Conflicting
orders passed by the NGT and the High Court would lead to an
anomalous situation, where the authorities would be faced with a
difficulty as to which order they are required to follow – In such a
situation, the orders passed by the constitutional courts, would
prevail over the orders passed by the statutory tribunals –
Continuation of the proceedings before the NGT for the same cause
of action, which is seized with the High Court, not in the interest of
justice, thus, the proceedings pending before the NGT quashed and
set aside – High Court to consider all facts and pass appropriate
orders striking a balance between the development and the
environmental issues – Tribunals – Appeal against orders of statutory
bodies – Cause of action.