Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2022 (6) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (6) TMI 1429 - SC - Indian LawsWilful disobedience - construction rampantly going on in blatant violation of the order of the High Court - HELD THAT:- The government departments are no exception to the consequences 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. In any case, no law is necessary to state that insofar as the Tribunals are concerned, they would be subordinate to the High Court insofar as the territorial jurisdiction of the High Court is concerned. A reference in this respect was also made to the judgment of the Constitution Bench of this Court in the case of L. CHANDRA KUMAR VERSUS UOI. [1994 (12) TMI 321 - SUPREME COURT]. Thus, it was not appropriate on the part of the learned 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. 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. 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 - Appeal disposed off.
|