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2026 Supreme(Online)(NGT) 464
NATIONAL GREEN TRIBUNAL PUNE (WESTERN ZONE BENCH)
Dinesh Kumar Singh, Judicial Member, Sujit Kumar Bajpayee, Expert Member
Janaksinh Khushalsinh Parmar – Appellant
Versus
MoEF&CC – Respondent
ORIGINAL APPLICATION NO.202 OF 2024 (WZ) | I.A. NO.231 OF 2025 (WZ) | I.A. NO.46 OF 2026 (WZ) | I.A. NO.202 OF 2026 (WZ)
Important Points
Subject
Environmental Law - Procedural Order
Headnote
| Table of Content |
|---|
| 1. allegations regarding abuse of process and lack of locus standi based on prior judicial findings and criminal history. (Para 1 , 2 , 3) |
| 2. deferment of locus standi determination until final hearing stage. (Para 4) |
| 3. dismissal of interim applications that have become infructuous. (Para 5 , 6) |
| 4. procedural recording of affidavits and scheduling of future hearing. (Para 7 , 8) |
Item No.22 (Pune Bench)
ORDER
1. Learned senior counsel for Respondent Nos.5 & 6-Project Proponent has drawn our attention to the Judgment dated 27.02.2026 passed by the Hon’ble High Court of Gujarat at Ahmedabad in R/WRIT PETITION (PIL) NO.67 OF 2022 (JANAKSINH KHUSHALSINH PARMAR VS. MINISTRY OF CULTURE, GOVERNMENT OF INDIA & ORS.), wherein following order is passed:-
“8. In view of the above undisputed position, this Court is of the firm view that the present petition is nothing but a device to misuse and abuse the process of the Court by unscrupulous elements like the PIL petitioner herein to further his own devious purpose. It is shocking that this Court has been made a party in the nefarious design of the PIL petitioner and it is evident that the petition has been filed in complete desecration of the PIL norms and the rules of this Court. It is, therefore, a fit case to not only dismiss the PIL on merits but also to NEUTRAL CITATION C/WPPIL/67/2022 JUDGMENT DATED: 27/02/2026 undefined impose exemplary costs on the dubious PIL petitioner. The failure, so to do, would itself be a travesty of justice and therefore, it will be in the fitness of things to dismiss the present petition with costs of Rs.10,00,000/- (Rupees Ten Lakhs Only), which shall be deposited by the petitioner within a period of two months from today. The amount so deposited shall be transmitted to the Gujarat State Legal Services Authority and shall be spent in the welfare project for orphan children. Failure to do so will entail recovery of the same from the petitioner as arrears of land revenue.”
2. Besides that, it is also urged by learned senior counsel for Respondent Nos.5 & 6-Project Proponent that against the applicant of this case, several criminal cases are pending and in one of the criminal cases, even a charge-sheet has been filed and the applicant is on bail. The applicant has no locus standi. In their reply affidavit dated 03.02.2025 in para no.(IV), it is also alleged that the applicant has filed the present Original Application with an ulterior motive to extort financial benefit and also to tarnish the image of the Project Proponent.
3. Orally, it is submitted by learned senior counsel for Respondent Nos.5 & 6-Project Proponent that a direction may be issued to the applicant to submit an affidavit, indicating therein all the criminal cases, which have been filed against him.
4. In regard to the above, we are of the view that the issue whether the applicant has locus to conduct this case or not because of the mal intention, with which this application has been filed, it will be decided by us after giving an opportunity of hearing to the applicant because the matter is already listed for final arguments.
5. We find that both the I.A.s, i.e. I.A. No.46 of 2026 (WZ) and I.A. No.202 of 2026 (WZ), have become infructuous at this stage, therefore, they are dismissed as infructuous.
6. I.A. No.46 of 2026 (WZ) and I.A. No.202 of 2026 (WZ) stand disposed of being infructuous
7. Learned counsel for the applicant has filed reply affidavit dated 19.06.2026 to the Interim Application filed by Respondent Nos.5 & 6. The same is taken on record.
8. Put up this matter for further consideration on 20.08.2026.
