In the matter of: Shivalik Commerce & Industry vs State Of West Bengal & Ors

None appears on behalf of the State-respondents when this matter is called on. No accommodation is prayed for.

Since Mr. Abhratosh Majumder, learned Additional Advocate General, West Bengal, is present in Court, he enters appearance in this matter with a

junior of his choice on behalf of the State-respondents.

The application bearing CAN 7900 of 2018 is filed in connection with the writ application with following prayers:

“A] Order adding the Applicant above named as one of the Party Respondent in W.P. 26328(W) of 2015;

B] Order adding the Proposed Respondent above named as one of the Respondents in 26328(W) of 2015;

C] Order calling back to this Hon’ble Court, the entire record of 26328(W) of 2015 which are presently lying at National Green Tribunal, Kolkata;

D] Order recalling the Subject Order dated 18.3. 2016 passed in 26328(W) of 2015 and restoring the said 26328(W) of 2015 before this Hon’ble

Court;

E] Order staying the proceedings before NGT and all orders passed in the matter by NGT till date be stayed till disposal of this Application;

F] After restoration, Order disposing of 26328(W) of 2015 directing that the supervisory work with regard to the proper functioning of the empowered

High Power Committees where the matter was referred to under the said Order Dt. 29.11.2013 in W.P. 461/2013 by Hon’ble Division Bench of

this Court(Original Side), be looked after by the Hon’ble Division Bench this Court in its Original Side;

G] Order directing the Registry to transmit the records of the W.P.26328(W) of 2015 to the Original Side of this High Court, at Calcutta, in Division

Bench taking Public Interest Litigation (PIL) and have the same tagged with W.P.461/2013 forthwith;

H] Order directing that the instant Writ Petition i.e. WP-26328(W) of 2015 is frivolous and/or have been made with malafide intentions or both;

I] Order imposing exemplary costs against the Writ Petitioners;

J] Order debarring the Writ Petitioners from presenting any Public Interest Litigation;

K] Ad-interim orders in terms of prayers(A) to(J) above;

L] Such further or other order or orders and/or direction or directions be given to this Hon’ble Court may deem fit and proper;â€​

The writ application was disposed of by an order dated March 18, 2016 passed by a Division Bench of this Court and the matter was transferred to

the National Green Tribunal, Eastern Zone Bench at Kolkata and the same is quoted below:

“Heard Mr. Mitra, learned counsel arguing for the petitioner, (2012)8 Supreme Court Cases 326 specially paragraphs 37 to 40 is placed before us

for our consideration. In the light of the observations made by Their Lordships in the above stated judgement, we direct the present matter to be

transferred to the National Green Tribunal at Calcutta.Office is directed to transmit the entire file forthwith to the National Green Tribunal.This writ

petition is accordingly disposed of.â€​

The learned Advocate appearing on behalf of the applicant submits that though his client has already been added as a party to the writ application

before the learned National Green Tribunal, Eastern Zone Bench at Kolkata and it has used affidavit in connection with the writ application before the

learned Tribunal, but it was not a party to this proceeding when the order dated March 18, 2016 was passed.

The learned Advocate appearing on behalf of the writ petitioners raised objection with regard to such prayer on the ground that since the applicant has

already been made a party to this proceeding, there is no scope for passing an order for its further addition as party to this proceeding. It is also

submitted by him that when the matter had already been transferred to the National Green Tribunal, Eastern Zone Bench at Kolkata, any grievance of

a party to that proceeding should be raised before the learned Tribunal.

It is also the submission of the learned Additional Advocate General, West Bengal, in view of the fact that the entire matter has already been

transferred to the National Green Tribunal, Eastern Zone Bench at Kolkata, if any relief is to be granted in favour of the applicant, he may make such

prayer before the learned Tribunal where the matter is pending.

We find substance in the submissions made on behalf of the writ petitioners as also that of the learned Additional Advocate General, West Bengal.

At this stage, a prayer is made by the learned Advocate appearing on behalf of the applicant to allow him to withdraw these applications and to agitate

his grievance before the learned Tribunal on the selfsame cause of action.

Considering the aforesaid submission as also the facts and circumstances, we dismiss these applications with liberty to the applicant to approach the

learned National Green Tribunal, Eastern Zone Bench at Kolkata, on the selfsame cause of action.

We make it clear that we have not considered the claim of the applicant on its merit in these applications and all points are kept open for the decision

of the learned Tribunal.

There will be, however, no order as to costs.

Urgent Photostat certified copy of this order be given to the parties on priority basis.