In Brief
A municipal corporation proposed a solid waste disposal project on land allotted by the state. Residents filed a civil suit for permanent injunction, fearing environmental damage to a nearby river and dam. The trial court dismissed the suit; the appellate court allowed it based on allegations of health hazards and improper site selection; the High Court upheld this. The Supreme Court reversed all lower court decisions, holding that: (1) suits involving environmental questions remained barred from civil court jurisdiction even if filed before the NGT Act 2010, (2) a permanent injunction cannot be granted without first seeking declaratory relief against the administrative decision, and (3) the plaintiffs failed to establish imminent danger, relying only on mere possibility and conjecture. The Court directed that affected parties pursue remedies through statutory representations to authorities and appeals before the NGT if dissatisfied.
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