LexARUN KUMAR SHARMA & ORS. versus STATE OF MADHYA PRADESH & ORS.
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[2025] 7 S.C.R. 593 : 2025 INSC 826 Arun Kumar Sharma & Ors. v. State of Madhya Pradesh & Ors. (Civil Appeal No(s). 3263-3264 of 2025) 14 July 2025 [Pamidighantam Sri Narasimha* and Joymalya Bagchi, JJ.] Issue for Consideration Issue arose as regards the objections raised by the respondents about the bonafides of the appellants as also the allegations that the appellants suppressed the initiation of parallel proceedings before the High Court. Headnotes† Practice and Procedure – Parallel proceedings – Non- disclosure – Application by the appellant for restraining respondents from setting up a petrol pump, as also challenged the NOC issued by the Collector – Application as also review petition dismissed by the tribunal – Appeal before this Court – Objections by the respondents that the appellants have suppressed the initiation of parallel proceedings before the High Court – Scope of proceedings before the tribunal and the High Court – Determination: Held: Having considered the grounds and relief sought in the original application filed before the tribunal and having contrasted it with the grounds and prayers in the writ petition filed subsequently, when the present civil appeals were pending, it is clearly discernible from the pleadings that there is an overlap and parallel challenges to the same NOC – Appellants suppressed the necessary facts and there is reason to believe that the proceedings before tribunal were initiated to subserve business interest of the appellants – Even assuming that the scope and ambit of challenge is distinct, which they are not, the appellants could have done and infact should have informed this Court about initiation of the fresh proceeding challenging the NOC before the High Court, particularly when the civil appeals are pending consideration – Appeals dismissed with costs of Rs.50,000/- imposed on the appellants. [Paras 19, 21] * Author 594 [2025] 7 S.C.R. Supreme Court Reports List of Acts National Green Tribunal Act, 2010; Petroleum Rules, 2002; M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973; Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981. List of Keywords Non-disclosure of parallel proceedings; Bonafides of appellants; Scope of proceedings; Overlap and parallel challenges; Petrol pump; Subserve business interest; Municipal laws; Cost. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No(s). 3263-3264 of 2025 From the Judgment and Order dated 09.08.2024 and 17.10.2024 of the National Green Tribunal, Central Zonal Bench, Bhopal in OA No. 73 of 2024 and RA No. 8 of 2024, respectively Appearances for Parties Advs. for the Appellant: Mrs. V. Mohana, Sr. Adv., Abhijit Banerjee, Ms. Sreepriya K. Advs. for the Respondents: V.v.m.b.n.s. Pattabhiram, D.A.G., Pinaki Mishra, Anoop George Chaudhari, June Chaudhari, Sr. Advs., Sarad Kumar Singhania, Ms. Alpana Sharma, Raghav Sharma, Salvador Santosh Rebello, Jaskirat Pal Singh, Pranjal Pandey, Ms. Kritika, Parimal Bhatia, K. R. Sasiprabhu, Vishnu Sharma A S, Ms. Namrata Saraogi, Vikas Sharma, Vipin Nair, Mohd Aman Alam, Aditya Narendranath, Ms. M.b.ramya, Ms. Deeksha Gupta. Judgment / Order of the Supreme Court Judgment Pamidighantam Sri Narasimha, J. 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 [2025] 7 S.C.R. 595 Arun Kumar Sharma & Ors. v. State of Madhya Pradesh & Ors. after sufficient warning that, in the event we accept the objections of the respondent about the deliberate non-disclosure 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 Tribunal1 invoking Section 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, Teh
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