MP High Court Directs Factory Owner To Plant 25 Saplings For Failing To Cure Defects In Plea Despite Grant Of Sufficient Time

The Madhya Pradesh High Court directed the proprietor of a factory to plant 25 saplings of native plants/trees within the factory premises as a condition for restoring its writ petition, which was earlier dismissed for non-compliance with a peremptory order. 

The division bench of Justice Vivek Rusia and Justice Binod Kumar Dwivedi noted that despite sufficient time being granted to the petitioner for curing the defects, it failed to rectify the same. 

"Twice this petition has been listed before this Court and sufficient time was granted to the petitioner to cure the defects". 

However, the court emphasized that the litigant should not be made to suffer as the defects were to be cured by the office of his counsel. Further, observing that the petitioner was engaged in the manufacturing of leaf-made plates and bowls, the court while condoning the delay directed; 

"the petitioner is directed to plant 25 saplings of native plants/trees in the factory premises and submit proof thereof before this Court... Simultaneously, the petitioner shall also cure the defects as pointed out by the Registry in the writ petition". 

The court further allowed the restoration of the writ petition, subject to submitting proof of the plantation. Cautioning the petitioner that no further opportunity to cure defects would not be granted, the court disposed of the plea. 

Case Title: M/s APS Enterprises v State of MP [MCC-2653-2025]

Citation: 2025 LiveLaw (MP) 215

For Petitoner: Advocate Aditya Goyal

For State: Deputy Advocate General Sudeep Bhargava

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