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THE STATE OF ANDHRA PRADESH vs. RAGHU RAMAKRISHNA RAJU KANUMURU (M.P.)

SCR Citation: [2022] 6 S.C.R. 810
Year/Volume: 2022/ Volume 6
Date of Judgment: 01 June 2022
Petitioner: THE STATE OF ANDHRA PRADESH
Disposal Nature: Appeal Disposed Off
Neutral Citation: 2022 INSC 633
Judgment Delivered by: Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Respondent: RAGHU RAMAKRISHNA RAJU KANUMURU (M.P.)
Case Type: CIVIL APPEAL /4522-4524/2022
Order/Judgment: Judgment
1. Headnote

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.

2. Case referred
3. Act
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4. Keyword
  • 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 p