ARUN KUMAR SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Access to justice is inextricably connected to maintaining integrity in the process of invocation and conduct of remedial proceedings before Courts and Tribunals. We have entertained these civil appeals after sufficient warning that, in the event we accept the objections of the respondent about the deliberate nondisclosure of parallel proceedings initiated before the High Court, and that the original application before the Tribunal is not bonafide as it is intended to subserve personal interest of appellant no. 3, conducting rival business, these civil appeals will be dismissed with exemplary costs. This approach is necessary to ensure earnest and bonafide actions before the tribunals for protecting environment and ecology.

(2.) Short Facts and Prayer before the Tribunal: The short facts leading to filing of the present appeals are that the three appellants approached the National Green Tribunal[Hereinafter referred to as 'NGT'.] invoking Sec. 14 of the NGT Act for restraining respondents 4, 5 and 6 from setting up a Petrol Pump at Khasra No. 109/1/2 (S) situated on SH 10 Bhopal to Berasia road, Village- Intkhedi Road, Tehsil-Huzur, District- Bhopal. The prayers made in the original application are as follows:

(3.) It is clear from the above referred prayers that the appellants have specifically challenged, (i) the consent to operate dtd. 19/7/2023 issued by the Madhya Pradesh Pollution Control Board Bhopal under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and (ii) the NOC dtd. 7/2/2024 issued by the Collector enabling installation of the petrol pump retail outlet as per the application made by the contesting respondents.