Environment : Filing of misleading, exaggerated, and frivolous petitions leads to wastage of judicial time

NGT Denounces Repeated Litigation Over Jaipur's Dol Ka Badh Forest, Tribunal Warns Against Forum Hunting and Suppression of Facts in Environmental Disputes

In a significant ruling, the National Green Tribunal (NGT) Central Zone Bench in Bhopal dismissed a petition concerning the Dol Ka Badh Forest in Jaipur, Rajasthan, highlighting issues of forum hunting and suppression of material facts. The judgment, delivered on October 9, 2025, by Justice Sheo Kumar Singh and Expert Member Sudhir Kumar Chaturvedi, underscores the tribunal's commitment to preventing misuse of judicial processes.

The case, titled Sanjay Garg v. Ministry of Environment, Forest and Climate Change, revolved around the alleged unlawful felling of trees and removal of forest cover in Dol Ka Badh, a tract of land acquired by the Rajasthan State Industrial Development and Investment Corporation (RIICO) in 1982. Over the years, the land evolved into a thriving ecosystem, boasting diverse flora and fauna, including 2,500 trees and habitat for 75 species of migratory birds.

Despite the ecological significance, the land has been earmarked for industrial development, specifically a Fintech Park. This allocation was contested through multiple legal battles, culminating in a Supreme Court ruling favoring RIICO's industrial plans. The present petition, according to the NGT, was yet another attempt to challenge these settled issues.

The tribunal noted that the petitioner, Sanjay Garg, lacked locus standi as he was not a "person aggrieved" under the provisions of the NGT Act, 2010. Moreover, the application was deemed barred by limitation, as it was filed beyond the permissible period following the cause of action.

Emphasizing the importance of judicial integrity, the NGT highlighted past judgments where similar issues were adjudicated, including decisions by the Supreme Court. It cautioned against the filing of frivolous petitions with ulterior motives, which not only waste judicial time but also hinder genuine environmental protection efforts.

In addressing the substantive environmental concerns, the NGT reiterated its previous orders directing that any tree felling must be conducted with permission from competent authorities, ensuring compensatory afforestation. The tribunal underscored the importance of adhering to environmental laws, particularly the Forest (Conservation) Act, 1980.

While dismissing the current petition, the NGT refrained from imposing proceedings under Section 340 Cr.P.C. against the petitioner for misleading the court. However, a cost of Rs. 1,00,000 was levied, payable to the Rajasthan State Legal Services Authority, as a deterrent against similar misuse of judicial forums.

This judgment reflects the tribunal's role in balancing environmental protection with developmental needs, while safeguarding judicial processes from exploitation. It serves as a reminder that legal actions must be grounded in genuine public interest and factual accuracy, especially in complex environmental matters.

Bottom Line:

Suppression of material facts and repeated litigation for identical issues amounts to abuse of judicial process and forum hunting. NGT Act provisions regarding locus standi and limitation strictly apply to prevent misuse of the tribunal.

Statutory provision(s): National Green Tribunal Act, 2010 - Sections 14, 15, 16, 18; Forest (Conservation) Act, 1980

Sanjay Garg v. Ministry of Environment, Forest and Climate Change, (NGT)(Central Zone Bench, Bhopal) : Law Finder Doc Id # 2792120