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TMI Blog2022 (6) TMI 1429X X X X Extracts X X X X X X X X Extracts X X X X ..... vasan, learned Counsel accepts notice on behalf of the sole Respondent, and as such, we have heard the matter finally. 1. The Appellant challenges the order dated 6th May 2022 passed by the National Green Tribunal, Principal Bench, New Delhi (hereinafter referred to as the "NGT") in O.A. No. 361 of 2021, vide which it prohibited the Appellant from undertaking any further construction. The Appellant also challenges the order dated 20th May 2022 passed by the learned NGT in I.A. Nos. 117 and 118 of 2022 in O.A. No. 361 of 2022, vide which the application seeking vacation of stay imposed vide order dated 6th May 2022 was rejected. 2. The Appellant was already running a resort at Rushikonda Hill, near Visakhapatnam. According to the Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant. 5. However, the learned NGT again, vide its order dated 6th May 2022, appointed a 2nd Experts Committee. The report of the said 2nd Experts Committee is still awaited. However, without waiting for the said report, by the same order, the learned NGT directed that no further construction to be undertaken. 6. It appears that after the order dated 6th May 2022 was passed by the learned NGT, the Appellant filed an application for vacating stay on construction as directed in the said interim order dated 6th May 2022 passed by the learned NGT. However, the same was also rejected by the learned NGT vide its order dated 20th May 2022. Both these orders are impugned in the present appeals. 7. Dr. Abhishek Manu Singhvi, learned Senior Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of wilful disobedience of the orders of the Court. Violation of the orders of the Court would be its disobedience and would invite action in accordance with law. The orders passed by this Court are the law of the land in terms of Article 141 of the Constitution of India. No Court or Tribunal and for that matter any other authority can ignore the law stated by this Court. Such obedience would also be conducive to their smooth working, otherwise there would be confusion in the administration of law and the respect for law would irretrievably suffer. There can be no hesitation in holding that the law declared by the higher court in the State is binding on authorities and tribunals under its superintendence and they cannot ignore it. This Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interim order permitting the construction. The conflicting orders passed by the learned 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. There can be no manner of doubt that in such a situation, it is the orders passed by the constitutional courts, which would be prevailing over the orders passed by the statutory tribunals. 13. In that view of the matter, we are of the considered view that the continuation of the proceedings before the learned NGT for the same cause of action, which is seized with the High Court, would not be in the interest of justice. 14. We, therefore, quash and set aside the proceedings pending before the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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