ARUN KUMAR SHARMA & ORS. versus STATE OF MADHYA PRADESH & ORS.
The appeals were dismissed because the pleadings in the original NGT application, the civil appeals and the subsequently filed writ petition before the High Court demonstrated overlap and parallel challenges to the same NOC dated 07.02.2024, the appellants failed to inform or seek permission from this Court about initiation of the writ petition while the civil appeals were pending, and there was reason to believe the NGT proceedings were instituted to subserve the business interest of appellant no.3; accordingly the appeals were dismissed with costs.
- Parties
- Appellant: Arun Kumar Sharma & Ors.; Respondent: State of Madhya Pradesh & Ors.
- Jurisdiction
- India
- Judgment Date
- 14 July 2025
- Procedural Posture
- Civil Appeal / Appeal to the Supreme Court From National Green Tribunal Judgment Dated 09.08.2024 and Review Order Dated 17.10.2024
- Outcome
- Appeals dismissed
- Legal Topics
- Parallel Proceedings, Non Disclosure of Proceedings, Bonafides of Parties, Siting Criteria for Petrol Pumps, Challenge to NOC, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Arun Kumar Sharma & Ors.
Appellant
State of Madhya Pradesh & Ors.
Respondent
Procedural Posture
Civil Appeal / Appeal to the Supreme Court From National Green Tribunal Judgment Dated 09.08.2024 and Review Order Dated 17.10.2024
Legal Issues
- 1 Whether appellants suppressed the initiation of parallel proceedings before the High Court
- 2 Whether proceedings before the National Green Tribunal were bonafide or instituted to subserve business interest of appellant no.3
- 3 Whether the appellants were obliged to disclose or seek permission to initiate fresh writ proceedings while the civil appeals were pending before this Court
Ratio Decidendi
The appeals were dismissed because the pleadings in the original NGT application, the civil appeals and the subsequently filed writ petition before the High Court demonstrated overlap and parallel challenges to the same NOC dated 07.02.2024, the appellants failed to inform or seek permission from this Court about initiation of the writ petition while the civil appeals were pending, and there was reason to believe the NGT proceedings were instituted to subserve the business interest of appellant no.3; accordingly the appeals were dismissed with costs.
Court Disposition
Appeals dismissed
Orders
- Civil Appeals No. 3263-3264 of 2025 dismissed
- Costs of Rs.50,000 payable to the Supreme Court Advocates on Record Association within four weeks
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