Case Note & Summary
The appeal arose from an original application filed before the National Green Tribunal (NGT) under Section 14 of the NGT Act by three appellants. They sought to restrain the setting up of a petrol pump at Khasra No. 109/1/2 (S) on SH 10 Bhopal to Berasia road, Village-Intkhedi Road, Tehsil-Huzur, District-Bhopal. The appellants specifically challenged the consent to operate dated 19.07.2023 issued by the Madhya Pradesh Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, and the No Objection Certificate (NOC) dated 07.02.2024 issued by the Collector. The challenge was grounded on alleged non-application of mind by the Collector and violation of the Petroleum Rules, 2002, particularly Rule 144, along with environmental hazards to the residential area and a nearby school. The NGT issued notice on 21.03.2024 and constituted a Joint Committee to submit a factual report. The contesting respondents filed a counter affidavit detailing various permissions already obtained, including NOCs from PESO, Janpad Panchayat, Madhya Pradesh Road Development Corporation, Electricity Board, Industrial Department, and the Pollution Control Board, all issued prior to the filing of the original application on 15.03.2024. The Joint Committee submitted its report on 09.07.2024, finding that the residential colonies mentioned were unauthorized, no designated residential area, school, or hospital existed within 50 meters from the dispensing unit, and the nearest habitation was 600 meters away. Before the Supreme Court, the respondents raised objections regarding deliberate non-disclosure of parallel proceedings initiated before the High Court and that the original application was not bonafide but intended to serve the personal interest of appellant no. 3, who conducted a rival business. The Court warned that if these objections were accepted, the civil appeals would be dismissed with exemplary costs, emphasizing that access to justice is inextricably connected to maintaining integrity in the process of invocation and conduct of remedial proceedings before Courts and Tribunals. The judgment was left inconclusive on the final decision.
Headnote
A) Environmental Law – National Green Tribunal – Section 14, National Green Tribunal Act, 2010 – Integrity of Proceedings – The Court emphasized that access to justice requires integrity in invocation and conduct of remedial proceedings before tribunals; deliberate non-disclosure of parallel proceedings and pursuing personal interest through environmental litigation undermines the process – Held that if the objections of the respondents regarding non-disclosure and lack of bonafide are accepted, the appeals will be dismissed with exemplary costs (Para 1). B) Petroleum Regulations – Petroleum Rules, 2002 – Rule 144 – No Objection Certificate – The original application before NGT challenged the NOC dated 07.02.2024 issued by the Collector, alleging non-application of mind and violation of Petroleum Rules, 2002; the Joint Committee report found that the residential colonies near the petrol pump were unauthorized and no designated residential area, school, or hospital existed within 50 meters from the dispensing unit – Held that the findings of the Joint Committee are to be considered (Paras 4, 8).
Issue of Consideration
Whether the civil appeals should be dismissed with exemplary costs for deliberate non-disclosure of parallel proceedings before the High Court and lack of bonafide in the original application before the NGT, which was allegedly filed for personal interest of appellant no. 3 conducting a rival business.
Final Decision
Decision not clearly stated
Law Points
- Legal points not extracted
- access to justice
- integrity in remedial proceedings
- bonafide actions before NGT
- non-disclosure of parallel proceedings
- personal interest in environmental litigation
