VidhiSangh

Supreme Court of India · 14/07/2025

ARUN KUMAR SHARMA & ORS. versus STATE OF MADHYA PRADESH & ORS.

[2025] 7 S.C.R. 593 · 2025 INSC 826

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Summary

Appeals against the National Green Tribunal's dismissal of a challenge to the siting of a petrol pump were dismissed with costs because the appellants, while the appeals were pending, filed a writ petition in the High Court attacking the same no-objection certificate on overlapping grounds without informing the Supreme Court or seeking its leave, and the litigation appeared to subserve the business interest of one appellant.

Issues

  1. Whether the appellants' original application before the NGT was confined to the CPCB siting criteria for retail outlets, so that a later writ petition challenging the same NOC under the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 was a distinct proceeding that need not have been disclosed.
  2. Whether the institution of parallel proceedings in the High Court against the same NOC, without disclosing them to the Supreme Court in the pending civil appeals, warrants dismissal of the appeals with costs.
  3. Whether the respondents' objection that the litigation was not bona fide and was intended to serve the rival business interest of appellant no. 3 should be accepted.

Provisions considered

Held

Result

Civil appeals dismissed with costs of Rs. 50,000 payable to the Supreme Court Advocates on Record Association within four weeks; the question of violation of the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 raised in the writ petition pending before the High Court left open, to be decided on its own merits uninfluenced by these observations.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 593.