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Tribunals and CommissionsFull Bench(2021) 10 NGT CK 0016

Asha Katoch vs Himachal Pradesh Pollution Control Board

National Green Tribunal · Decided on 21 October 2021

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Brijesh Sethi, JM · Dr. Nagin Nanda, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 145 Of 2021

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Judgment

8 paragraphs · 325 words
1.

Grievance in this application is against construction of a sevenstory high rise building at Mauja Rado Paind, Dharampur, Tehsil Kasauli, District Solan by Mrs. Lovely Aggarwal w/o Shri Vinod Aggarwal. Construction is said to be on government land. It is alleged that the fifth floor is dangerously close to the electric transformer.

Construction is in violation of Forest Act, as it involves cutting down of trees without requisite permission. The applicant has filed photographs of showing the construction.

2.

Vide order dated 07.07.2021, the Tribunal directed that a fivemember joint Committee of SEIAA, HP, Town and Country Planning Department, HP, State PCB, Special Area Development Authority, Solan and District Magistrate, Solan to look into the matter and take remedial action in accordance with law. The Committee was to undertake visit to the site and interact with the stake holders. An action taken report was to be furnished to this Tribunal within two months.

3.

Accordingly, report dated 09.09.2021 has been filed as follows:-

"As per report received from the District Magistrate Solan, the committee has concluded that Smt. Lovely Aggarwal W/o Vinod Aggarwal is constructing a seven story building in her own land i.e. Khasra No. 111/2/1 measuring 0-11 bighas at Mauja Rado Paind Tehsil Kasauli, District Solan which does not fall within planning area of TCP/Special Area. Mrs. Lovely Aggarwal has undertaken the project after obtaining the permission for felling of trees from Forest Department, consent to operate from PCB, NOC from Gram Panchayt and total built up of area of construction site 1290.69 Sq. meter which is less than 20,000 Sq. meter, hence environment clearance is not applicable. The unit has obtained Provisional Registration as a tourism unit for the capacity of 18 DBR on 17-2-2021 from Tourism Department."

4.

None appears to contest the above report. We also do not see any reason to reject the same.

In view of above, no further order is necessary.

The application is disposed of.