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M/s Shah Sponge and Power Limited Vs Union Of India

Case No: Writ Petition (C) No.3097 Of 2024

Date of Decision: Jan. 9, 2025

Acts Referred: National Green Tribunal Act, 2010 — Section 22

Hon'ble Judges: Rajesh Shankar, J

Bench: Single Bench

Advocate: Rajendra Krishna, Priya Sahay, Sunil Kumar, Richa Sanchita

Final Decision: Dismissed

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Judgement

Rajesh Shankar, J

1. The present writ petition has been filed for quashing the order dated 9th October, 2023 passed by National Green Tribunal, Eastern Zone, Kolkata

as well as the order dated 26th May, 2022 passed by the Jharkhand State Pollution Control Board, whereby the environmental compensation has been

assessed to the extent of Rs.3,95,71,875/-.

2. Having heard learned counsel for the parties and considering that the petitioner has efficacious/statutory remedy of preferring appeal under Section

22 of the National Green Tribunal Act, 2010 before the Hon’ble Supreme Court of India against the impugned order datedt h9

October, 2023 passed by the National Green Tribunal, Eastern Zone, Kolkata in Original Application No.97/2023/EZ, I am not inclined to entertain the

present writ petition under Article 226 of the Constitution of India.

3. The writ petition is, accordingly, dismissed as not maintainable.

4. The petitioner is, however, at liberty to take statutory recourse of preferring appeal under Section 22 of the National Green Tribunal Act, 2010

against the aforesaid impugned order passed by the National Green Tribunal, Eastern Zone, Kolkata.