IMPORTANT POINT
The court emphasized that a petition seeking to set aside an order must demonstrate evidence of fraud or misrepresentation, and noted that the appropriate forum for addressing the issues raised was the National Green Tribunal and the High Court.

JUDGMENT :

JITENDRA JAIN, J.

1. By this petition under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code, 1973, the Petitioners have prayed for following reliefs:

“(a) That this Hon'ble Court be pleased to issue any appropriate writ, order or direction as follows:

(i) Be pleased to direct the Respondent Nos. 1 to 10 to forthwith take action on the various representations submitted by the Petitioners dated 26.12.2019, 21.01.2020, 04.02.2020, 05.02.2020 and to take necessary action for destruction of mangroves on Survey No. 94 in village Kharmachela, Tal. Pen, District Raigad to remove the slag/hazardous chemical waste deposited by Respondent No. 11 on Survey No. 94 and surrounding area of the company as well as the lands in village Kharmachela, village Dolvi to village Gadap and to restore the environment and to submit the report of compliance to this Hon'ble Court.

(ii) Be pleased to direct the Respondent Nos.1 to 10 to visit village Kharmachela, Dolivi to Gadap, Vave Vadkhal, Kolve, Beneghat, Juibapuji and surrounding areas of Taluka Pen and Taluka Alibag and submit the report to locate the sites where the Respondent No. 11 company has deposited the company slag/hazardous waste material in these areas and the same may be removed and the position may be restored to its original position.

(iii) That the Hon'ble court may be pleased to direct Respondent Nos. 1 to 10 and Respondent No. 11 company to remove the chemical wastes around site area and restore the position of natural creek and the kharbandisti destroyed by Respondent No. 11 company to its original position.

(iv) That the permission granted by this Hon'ble Court by Order dated 15.10.2019 in Writ Petition No. 1643 of 2019 be set aside.

(v) To register the offences punishable under section 15 of the Environment Protection Act, 1986, Section 30 & 32 of Indian Forest Act, 1927, Forest (conservation) regulation Act 1980, CRZ regulations, Section 55(1) & (2) of the Biodiversity Act, 2002 and Section 34 of Indian Forest Act, 1927 against the Respondent No. 11, their Managing Director and office bearers.”

However, the Petitioners at the time of hearing have not pressed for prayer clause a (ii).

2. The Petitioners are having agricultural lands adjoining the plant of Respondent No. 11. The Petitioners are aggrieved by the action of Respondent No. 11 for violation of various environmental laws and are further aggrieved by an order of this Court in Writ Petition No. 1643 of 2019 granting permission to Respondent No. 11 for construction of a bridge over nallah. The activities of Respondent No. 11 are affecting the agricultural operations of the Petitioners and therefore, the present petition is filed for the above referred reliefs.

3. For adjudication of the present petition, it is relevant to note some of the events as stated in pleadings:

(i) In the year 2015, the Petitioners had filed an application being Application No. 122 of 2015 before the National Green Tribunal, Pune (NGT) against various respondents including present Respondent No. 11. In the said application, the Petitioners had prayed for various reliefs, primarily being restraining the respondents from destroying mangroves, dumping any waste material of Respondent No. 11, expansion of the project of Respondent No. 11 and for a declaration that the area be declared as a forest area etc.

(ii) Pursuant to above, on 27th November 2015, the NGT passed an interim order restraining cutting of mangroves. The subject matter of the proceedings before the NGT is substantially with respect to the activities of Respondent No. 11. The said proceedings before the NGT are pending as of today.

(iii) On 11th November 2016, the Respondent No. 11 was granted a lease of 27 Ares of land in Survey Nos. 93 and 94 by the State Government for expansion of its project for construction of bridges over the nallah to connect two parcels of land belonging to Respondent No. 11.

(iv) In February/April 2015, pursuant to the