BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONAL BENCH BHOPAL Original Application No. 42/2014 (CZ) CORAM: Hon’ble Mr. Justice Dalip Singh (Judicial Member) Hon’ble Mr. P.S.Rao (Expert Member) In the matter of Shivendra Singh S/o Shri Shailendra Singh, Aged about 31 years, R/o Ward No. 15, Near Water Tank Saman, Rewa, District Rewa (M.P.)
…….Applicant Versus 1.
Union of India Through the Secretary Ministry of Petroleum, Shastri Bhawan, New Delhi.
2.
Indian Oil Corporation Through General Manager, Estate Office, Madhya Pradesh, 16 Arera Hills, Jail Road, Bhopal (M.P.)
3.
Senior Divisional Manager Indian Oil Corporation Ltd., Block No. 9, 2nd Floor, Civic Centre, Jabalpur ( M.P.)
4.
State of Madhya Pradesh Through Secretary Department of Revenue, Mantralaya, Bhopal (M.P.)
5.
The District Collector, Rewa (M.P.)
6.
Pollution Control Board Through its Chairman, Paryawaran Parisar, E-5, Arera Colony, Bhopal (M.P.)
7.
Municipal Corporation, Rewa Through its Commissioner, District Rewa (M.P.)
8.
Smt. Dimple Tharwani W/o Shri Ashish Tharwani, R/o Amhiya, Rewa, District Rewa (M.P.) ……Respondents
Counsel for Respondents: Shri Sachin K. Verma, Advocate
:
Respondent Nos. 4 & 5
Shri Om S. Shrivastav, Advocate for
:
Respondent No. 1
Shri Anjum Feroz, Advocate & Shri Rohit Sharma, Advocate for Shri Deepesh Joshi, Advocate
:
Respondent No. 2 & 3
Dated: April 16th , 2014 Delivered in Open Court by Hon’ble Justice Shri Dalip Singh 1. The aforesaid Original Application came to be registered before this Tribunal, after the Writ Petition No.7286/2008 filed before the Hon’ble High Court of Madhya Pradesh at Jabalpur by way of PIL, came to be transferred by the Hon’ble High Court after hearing Learned Counsel for the parties, vide order dtd. 8th January, 2014. Vide order dtd. 07th March, 2014 notices were ordered to be issued to the parties. However, on the next date i.e. on 28.03.2014, despite service, none has appeared for the Applicant as well as for the Respondent No. 8 against whom the Writ was sought for restraining the Respondent No.8 from establishing and operating the petrol pump at the site in question which was alleged to be in the green belt. On 28th March, 2014 the case was adjourned to 16th April, 2014 in the interest of justice to enable the parties to appear and make their submissions. 2. Neither the Applicant nor the Respondent No. 8 to whom the letter of intent was given by the Indian Oil Corporation, Respondent No. 2 & 3 for establishing the Page 2 of 4
petrol pump, had appeared today. The Learned Counsel for the Respondent No. 1, Union of India, Respondent No. 2 & 3, Indian Oil Corporation, Respondent No. 4 & 5, State of Madhya Pradesh and the Respondent No. 6, MP State Pollution Control Board have submitted that the petrol pump, despite the letter of intent having been issued, has not been established.
It was pointed out that the
Respondent No. 7, Municipal Corporation, Rewa in their reply has categorically stated in para no. 7 & 8 that the committee which was constituted after examining the matter and after hearing the parties and after consideration of various representations, submitted it’s report according to which the land bearing Khasra No. 422 & 427 comprises of a garden with fruit bearing trees. In the report it was also stated that the land holders will not make any construction on the land left out and the same would be developed in the form of a garden in future. In para no. 8 of the reply of the Municipal Corporation, Rewa i.e. Respondent No. 7 it has further been stated that No Objection Certificate was sought for installation of petrol pump but the same was refused by the Municipal Corporation vide their letter dtd. 1st July, 2008 (Annexure R/7-A).
The Learned Counsel for the
Respondent No. 2 & 3, Indian Oil Corporation submitted that till date the
Respondent No. 8 has not established the petrol pump on the disputed site. 3. In the light of the above, we have also gone through the record and the
orders passed by the Hon’ble High Court of MP. We find that the Hon’ble High Court had not issued any interim order and an opportunity was also granted to the Respondent No. 8 to file her response, vide order dtd. 12th September, 2011. However, despite the aforesaid opportunity having been given to the Respondent No. 8, the Respondent No. 8 did not choose to file any reply before the Hon’ble High Court of MP though the Respondent No. 6 & 7 have submitted their reply. 4. Looking to above facts and more particularly despite the process of having invited the applications vide advertisement dtd. 19th February, 1992 and the selection of Page 3 of 4
the Respondent No. 8 for establishment of the petrol pump has been completed the petrol pump has not been established till date and the, Respondent No. 7 has categorically stated that it does not intend to give the No Objection Certificate for the establishment of the same on the disputed site of Khasra No. 422 and 427 and the Respondent No. 8 having chosen not to contest the matter before the Hon’ble High Court by filing reply or appearing before this Tribunal after notice, we feel that no further directions are required to be issued in the matter. However on the issue of No Objection Certificate for establishing the petrol pump on the disputed site the petitioner / applicant or any other person interested would have the right to approach this Tribunal or any other competent Court of law in the matter. We make it clear that we have not decided the matter on merits but decided the same based upon the facts which are on record as none has appeared for the Applicant and the Project Proponent to contest the matter. 5. Accordingly, Original Application No. 42/2014 stands disposed of. There shall
be no order as to costs. (Mr. Justice Dalip Singh) Judicial Member Bhopal; April 16th, 2014 (Mr. P.S.Rao) Expert Member
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