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Judgment
In this original application one of the resident of Sahibabad, Ghaziabad has made a complaint against illegal use of public park/utility land by Respondent No.7.
The allegation is that the Respondent No.7, a contractor and organizer of the circus and fair, is using the park for commercial purpose which is resulting in felling down of number of trees and restricting general public from use of the park. It is alleged that the Respondent No.7 has installed tents, bunkers, macnine jhoolas in the subject park which is located at plot no. A-46, Kadkad Model, Site-1, Industrial Area, Sahibabad, Ghaziabad, UP. Further allegation is that the outlet of the toilet is going into storm water drain which is eventually meeting the Sahibabad, Ghaziabad drain and the entire untreated sewage has been directly dumped into Hindon River.
It is also the case of the Applicant that illegal use of DG set is causing air and noise pollution.
Submission of Counsel for the Applicant is that now the alleged activity causing harm to the environment by Respondent No.7 is over but park is now required to be restored to its original position and necessary action for past violation and causing damaged to the park is required to be taken.
Considering the surviving grievance, we are of the opinion that the necessary action be taken by Respondent No.3-Member Secretary, UPPCB. Hence, we direct Respondent No.-3, Member Secretary, UPPCB to duly consider the above grievance, carry out the spot inspection, ascertain the truthfulness of the allegations, take necessary action for restoration of the park and against the person responsible for causing damaged, if any, to the said park.
Let the above exercise be completed within a period of two months from the date of receipts of copy of this order, thereafter action taken report be submitted before the Registrar General of the Tribunal within three months, if found necessary, the matter may be placed before the Court for consideration.
A copy of this order be sent to the Respondent No.3-Member
The original application is disposed of accordingly.