Supreme Court: When Conflicting Orders are passed by HC And NGT on THE Same Issue, The High Court will Prevail

The Supreme Court in the case State of Andhra Pradesh vs Raghu Ramakrishna Raju (M.P) observed that where the contradicting orders passed by the High Court and the NCT, the High Court order will prevail. The Supreme Court further observed while quashing the proceedings before National Green Tribunal, while halting the constructions works at Rushikonda Hills in Visakhapattanam. The Supreme Court further contended that in such cases the orders of the Constitutional Court would prevail over orders of the Tribunal as the contradicting orders of High Courts and the National Company Law Tribunal would leave to anomalous situation as the authorities wouldn’t know which order to follow. The bench further observed that when it was specifically pointed out that High Court was seized of the Matter and has passed the orders and it wasn’t appropriate on the part of National Green Tribunal to continue proceedings. The Bench comprising of Justice BR Gavai and the Justice Hima Kohli contended while considering the plea against the NGT by State of Andhra Pradesh’s which halted the construction works at Rushikonda Hills in Visakhapattanam as part of a tourism project. the bench has directed the parties to move the High Court for appropriate orders and the respondent MP K. Raghu Ramakrishna Raju was granted the relief to file an impleadmnet application before the High Court. Thereafter, saying that continuation of proceedings before NGT when the High Court is seized of the same issue will not be in interest of justice. The bench observed while taking into the serious allegations raised by the responded that even though the High Court has permitted construction and it will be appropriate that these are put before the High Court and the High Court takes a decision so as to strike a balance between development and the environment issues. The bench further contended that it is equally necessary to safeguard the environment to preserved pollution free environment for future generations as the development is necessary for economic development of nation. As till the High Court considers the issue the construction was only permitted on Flat Areas and the area where the Construction already exists, the area where construction existed earlier and which has already been demolished. no construction will be carried out on area excavated from the hills; The court has clarified that until the High Court considers the issue. The bench further clarified that it hasn’t expressed opinion on merits of the matter and parties would be at liberty to raise all issued available to them which would be considered in accordance with law.

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