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Judgment
Application under Section 14 of the National Green Tribunal Act, 2010.
The applicant- Gaur Atulyam Apartment Owners Association has filed present application under Section 14 of the National Green Tribunal Act, 2010 for quashing of allotment letter dated 05.07.2022 issued by Respondent no. 1-Greater Noida Industrial Development Authority (GNIDA) in favour of Respondent no. 2- M/s Indus Tower Ltd. allowing construction of mobile towers in green belts including green belt in front of Gaur Atulyam Society.
Vide order dated 05.08.2022, notice was ordered to be issued to the respondents which was accordingly served on both the respondents by email.
None appeared for respondent no. 1 on 16.08.2022 and respondent no. 1 was proceeded against ex-parte vide order dated 16.08.2022.
Mr. Ravindra Kumar, Sr. Advocate alongwith Mr. Binay Kumar Das, and Ms. Neha Das, Advocates has appeared for respondent no. 1 and seeks time to file application for setting aside ex-parte order and reply/response on behalf of respondent no. 1.
Vide order dated 16.08.2022, the presence of the Chief Executive Officer, Greater Noida Industrial Development Authority before this Tribunal through VC or physically was ordered but Learned Senior Counsel for respondent no. 1 has submitted that the Chief Executive Officer, Greater Noida Industrial Development Authority is unable to join the proceedings today due to some other urgent assignment and seeks exemption from appearance.
The request for exemption from personal appearance is allowed. However, the Chief Executive Officer, Greater Noida Industrial Development Authority shall remain present before this Tribunal through VC or physically on the next date of hearing.
Application for setting aside for ex-parte proceedings against respondent no. 1 and reply/response to the allegations made in the application be filed by respondent no. 1 by email at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
Reply dated 17.10.2022 has been filed on behalf of respondent No. 2 vide email dated 19.10.2022.
Interim Application no. 259/2022 has been filed by respondent no.2 for impleading of Department of Telecommunication, Government of India as a party respondent being necessary and proper party to the present proceedings.
The application is not opposed and in view of the facts and circumstances of the case, the application is allowed and Principal Secretary, Department of Telecommunication, Government of India is impleaded as respondent no. 3. The applicant is directed to file amended memo of parties accordingly within four weeks.
Notice along with the copy of the application and documents attached with the same be issued to respondent no. 3 requiring respondent no. 3 to file its reply/response by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
List for further consideration on 24.11.2022.
A copy of this order be sent to the Chief Executive Officer, Greater Noida Industrial Development Authority by email for requisite compliance.