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Madhya Pradesh High Court refuses to end development of Shobhapur Greens task

The Madhya Pradesh High Court has brushed aside a Public Interest Litigation (PIL), looking for a route to quash the sanction order of November 5, 2019, granted with the aid of the Town and Country Planning department, for the development of “Shobhapur Greens” project.

The PIL has been filed by way of one R.K. Singh.

Various submissions have been made concerning the violations being made by way of the personal respondents, alleging that acts being dedicated through them had been unlawful and in opposition to the law.

In the interregnum, the software is filed via the petitioner to take on file positive documents. One of the archives is the order dated September 7, 2020, surpassed by way of the Principal Bench of the National Green Tribunal.

The concern rely upon was once the equal that was once being sought to be advised herein. The Tribunal vide its order dated September 7, 2020, has brushed aside the petition with a price of Rs 25,000. It used to be submitted that aggrieved by using the same, an SLP was once filed earlier than the Supreme Court, which was once dismissed.

On being questioned, the identical was once now not disputed by using the petitioner that he had produced the document. However, what is being contended utilizing the petitioner is that positive grounds have now not been taken earlier than the Tribunal and the findings recorded by way of the Tribunal are erroneous.

The Division Bench of Chief Justice Ravi Malimath and Justice Purushaindra Kumar Kaurav determined that as soon as the problem count number has already been seized by using the National Green Tribunal, any subsequent petition springing up out of the very identical difficulty remember to have to always be viewed by way of the very identical authority.

The High Court held that even assuming that the submissions of the petitioner have been to be typical that the grounds are exclusive and the information is at variation, it is no longer disputed by using him that the difficulty remembers worried about the development of the “Shobhapur Greens” is the same. Therefore, rightfully the petitioner ought to have moved the National Green Tribunal for something remedy he wants.

It was once found via the Court that it ought to be considered that understanding this position, the petitioner has intentionally filed this Public Interest Litigation by using misusing its scope. Secondly, the petitioner earlier than the National Green Tribunal used to be none different than the brother of the petitioner. He was once very properly conscious of these proceedings.

“The petitioner understanding the position, in our regarded view, used to be now not justified in submitting this petition.

“Under these circumstances, we do no longer discover any floor to entertain this petition. Hence, for all the aforesaid reasons, the writ petition is devoid of advantage is dismissed. The petitioner is continually at liberty to pursue such treatment as on hand in law,” the order read.

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