The NGT rejected the original application challenging the proposal to set up a petrol pump adjacent to forest land. The court found no violation of environmental laws, no standing trees, and noted the land is private Bhumidhari land, thus dismissing the jurisdiction claim.
The original application was rejected and the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. 2
Item No. 03
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Original Application No. 842/2024
Mewalal
Applicant(s)
Versus
M/s Hindustan Petroleum Corporation Ltd.
Respondent
Date of hearing: 03.09.2024
CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Applicant in Person (through VC)
ORDER
1
granted. It is evident from record that land in question is not part of forest area and is situated on Kilometers 26-27 Jhansi Sagar National Highway-44. No tree was found standing on land in question and it is a privately owned Bhumidhari land.
Sudhir Agarwal, JM
Dr. Afroz Ahamd, EM
September 03, 2024 Original Application No. 842/2024 SN
2
2 issues framed by the court
Whether the Tribunal has jurisdiction under Section 14 of the NGT Act, 2010 in absence of violation of the Forest Conservation Act, 1980.
Whether the proposed petrol pump establishment violates the Forest Trees Protection Rules, 1980 or endangers flora and fauna.
2 provisions across 2 enactments
Mewalal
M/s Hindustan Petroleum Corporation Ltd.
SUDHIR AGARWAL
AFROZ AHMAD
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
