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Supreme Court of India 2022-06-01 allowed

State of Andhra Pradesh vs Raghu Ramakrishna Raju Kanumuru (M.P.)

Bench: 2 — B.R. Gavai

In Brief

The appellant was reconstructing a resort at Rushikonda Hill with environmental ministry permission. A writ petition was filed in the High Court challenging the construction, and the High Court permitted it to proceed subject to compliance with environmental conditions. Simultaneously, the NGT initiated proceedings based on a letter from an MP and issued a construction stay. The Supreme Court held that the NGT should not have continued proceedings when the High Court was already seized of the same matter. Constitutional court orders prevail over tribunal orders. The Court quashed the NGT proceedings and directed parties to move the High Court for appropriate relief, while permitting limited construction pending High Court decision.

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