TMI Blog2022 (6) TMI 1429X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... einafter 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, after obtaining the necessary permission, it has demolished the existing resort and is re-constructing the resort at the same place with additional facilities. 3. A writ petition being W.P. (P.I.L.) No. 241 of 2021, challenging the said con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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 appearing on behalf of the Appellant, submitted that when the High Court of competent jurisdiction was already in seisin of the matter, the learned NGT could not have entertained alis with regard to the same cause of action. He submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rms 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 Court also expressed the view that it had become necessary to reiterate that disrespect to the constitutional ethos and breach of discipline have a grave impact on the credibility of judicial institution and encourages chance li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 learned NGT in O.A. No. 361 of 2021. 15. We further find that taking into consideration the serious allegations made by the Respondent, it will be appropriate that all these facts are placed before the High Court an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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