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Judgment
The applicants, residents of Sector 15, 16, 17 and 19, Vasundhara, Ghaziabad have filed the present application complaining about encroachments and destruction of green belt by way of setting up of vending zones and establishment of 63 iron made shops on the same.
Vide order dated 29.04.2022, notices were ordered to be issued to the respondents. Replies/reports have been filed by respondent no. 2,3 and 4.
Vide order dated 27.09.2022, respondent no. 2 was directed to file additional reply addressing the aspects referred therein and notice was also ordered to be issued to respondent no. 6 for 23.11.2022.
As per office report notice were duly served on respondent no.6. None has appeared for respondent no. 6.
Ten applicants- Jitender Kumar and others have filed Interim Application No. 273/2022 for impleadment/intervention, Interim Application No. 274/2022 for stay, Interim Application no. 275/2022 for exemption from filing certified copies of orders and Interim Application No. 278/2022 for restoration of status quo ante.
Learned counsel for the original applicants and respondents seek time to file reply to all the interim applications.
Question of filing of reply to Interim Applications No. 274/2022, 275/2022 and 278/2022 does not arise before impleading of the applicants therein as party to the present proceedings and the request for adjournment has to be considered in the context of interim application for impleadment.
The interim application for impleadment does not involve consideration of any complicated questions of facts or law so as require filing of detailed reply thereto and, therefore, no sufficient ground for adjournment for filing of reply to the same is made out and adjournment for the same is declined.
We have heard learned counsel for the interim applicants and also learned counsel for the original applicants and respondents no. 2 to 5. and we have gone through the material on record.
The applicants-Amit Kishore and others have filed the present application inter alia for removal of encroachments made on green belt by way of iron shops/kiosks. We find that the ten applicants, who have filed Interim Application no. 273/2022 for impleadment, are the persons who were allotted/provided the space for the iron shops/kiosks and are, therefore, the persons who would be adversely affected by the orders to be passed in the present original application, in the eventuality of the application being allowed. Impleading of the applicants will not in any manner change the nature of the proceedings and will not be inconsistent with the adjudication of the questions involved in the original application. In the facts and circumstances of the case, we are of the view that all the persons including the ten applicants before us, who were allotted/provided the space for the iron shops/kiosks, are proper, if not necessary, parties to the present original application.
In view of the above, the interim application no. 273/2022 for impleading the ten applicants as party to the proceedings is allowed and the ten applicants are impleaded as respondents no. 7 to 16.
Reply/response on behalf of the newly added respondents no. 7 to 16 be filed within 15 days by email at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
Since the particulars regarding other persons, who were allotted/provided the space for the Kiosks, are not available to us order for impleading them will be passed on them after furnishing of requisite particulars by respondent no. 2.
Prayer in interim application no. 275/2022 is for exemption of the applicant from filing certified copies of order, official translation of Hindi annexures, dim annexures and attestation of affidavit. No documents are attached with the application. The interim application no. 275/2022 is vague and does not enlist the documents regarding which the exemption is sought and, therefore, the interim application is dismissed.
So far as interim application no. 274/2022 for stay is concerned, it has been brought to our notice that all the iron shops/kiosks have been removed from the site in question and, therefore, interim application no. 274/2022 has become infructuous and is disposed of accordingly.
Request of learned counsel for the original applicants and respondents no. 2 to 5 for grant of time for filing reply to interim application no. 278/2022 for restoration of status quo ante is allowed. Reply to the above said interim application be filed within 15 days by email at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
List for further consideration on 23.11.2022.