Madhya Pradesh High Court: In a writ petition challenging the National Green Tribunal’s order (NGT) dated 29-05-2025, vide which NGT observed to consider the petitioner’s plea for deletion of his name from the array of respondents at the final hearing and fastened liability upon him to pay interim compensation to the victims of the fire incident that occurred at the premises of Rajesh Fireworks, a Division Bench of Vivek Agarwal* and Avanindra Kumar Singh, JJ., set aside the NGT’s order and directed the NGT to hear and decide the plea regarding the petitioner’s culpability and involvement in liability in fire incident on its own merits.
In the instant matter, the NGT had taken suo motu cognizance of a fire incident that occurred at the premises of Rajesh Fireworks. Though the petitioner had no connection with the said establishment, the NGT fastened liability upon him to pay interim compensation to the victims of the incident, without affording him an opportunity of being heard.
The petitioner contended that he runs a separate and distinct business under the name ‘Pradeep Fireworks’ and had no relation with ‘Rajesh Fireworks’. The petitioner had filed an application before the NGT for deletion of his name from the array of respondents, but the NGT vide its impugned order deferred the decision on this issue to the time of final hearing.
The Court observed that if the petitioner is indeed guilty, “then he should know that on what basis and material prima facie opinion is being formed about his guilt” and on the other hand, if he is not involved, “then unnecessarily dragging him in the litigation will not be of any use.” The Court acknowledged the prejudice that might be caused to the petitioner by delaying the decision on whether he should remain a party in the proceedings.
The Court set aside the NGT’s order dated 29-05-2025 and directed the NGT to hear and decide the petitioner’s plea for deletion of his name from the array of respondents, on its own merits and then decide liability in fire incident that occurred at the premises of Rajesh Fireworks. The Court further directed the entire exercise to be completed within 30 days from the date of receipt of the certified copy of this order.
The Court clarified that no observations made by the High Court would prejudice the NGT in deciding the application independently.
[Pradeep Goyal v. State of M.P., Writ Petition No. 20249 of 2025, Decided on 16-06-2025]
*Judgment by Justice Vivek Agarwal
Advocates who appeared in this case :
Shri Anshuman Singh, Counsel for the Petitioner
Shri Harpreet Singh Ruprah, Additional Advocate General assisted by Shri Akash Malpani, Government Advocate, Counsel for the Respondent No. 1 to 8/State
Shri Aishwarya Choudhary, Counsel for the Private Respondent
