MADAN PARMALIYA Vs. STATE OF M P

JUDGEMENT

(1.) ENCOURAGED by an apparently liberal approach adopted by the High Court in entertaining the petition filed by Center for Environment Protection Research and Development, Indore, a trust formed with the above object of protecting general health and protection of environment in city of Indore, wherein the constitutional validity of Sections 14, 16, 17 A, 18(2) and 20 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short, "the 1973 Act") was challenged, the appellant also filed writ petition under Article 226 of the Constitution of India in the name of public interest litigation and made the following prayers:

(2.) BY an order dated 23.3.2007, the High Court dismissed the writ petition filed by Center for Environment Protection Research and Development and upheld the constitutionality of the provisions, which were challenged in that petition. Notwithstanding this, the appellant insisted for separate hearing of his case by stating that he wants to urge additional grounds. The High Court considered the additional grounds and negatived his challenge to the validity of Sections 14,15,17A, 18 and 23 A of the 1973 Act.

(3.) WE also do not find any merit in the appellant's challenge to the constitutionality of Sections 14,15,17A, 18 and 23A of the 1973 Act and approve the detailed reasons recorded by the High Court while dismissing the writ petition filed by him as also Writ Petition No, 13753 of 2006.