Giriraj Parikrama Sanrakshan Sansthan & Ors vs Department of Environment & Forests & Ors

Uttar Pradesh Rajkiya Nirman Nigam Limited, Mathura has once again filed an application for same prayer which was earlier declined for clarification/modification of order of this Tribunal dated 20.06.2018 in O.A. No. 229/2013, Giriraj Parikrama Sanrakshan Sansthan & Ors. vs. Department of Environment & Forests & Ors. Similar application was earlier dismissed on 26.07.2021. The operative part of the order is reproduced below:-

"7. We have heard learned Counsel in support of the present MA and gone through the record. It is stated in the MA that for holistic planning and development of pilgrimage sites of Goverdhan and Braj area, an institution - U.P. Braj Teerth Vikas Parishad has been constituted by way of an amendment in the Uttar Pradesh Braj Planning and Development Board Act, 2015. The Parishad not only has been entrusted with functions to prepare Braj Development Plan but also has powers and functions under sections 12 and 13 respectively to take up any work/project in order to promote and secure the development, re-development and beautification of any area in the entire Braj region, including Goverdhan as well or to undertake measures for pollution control and development of river fronts and water bodies. In order to provide basic facilities to pilgrims, the Department of Tourism, Govt. of Uttar Pradesh through Uttar Pradesh Braj Theerth Vikas Parishad has proposed a project for providing pargolas (Tourist Shed), water kiosks, toilets and high mask light. The project will be executed by Uttar Pradesh Rajkiya Nirman Nigam Ltd. The project contemplates provision for 13 pargola each being 30 mtr. long and 6 mtr. wide under which benches for pilgrims will be installed. The project also contemplates construction of 8 water kiosks, 3 toilet blocks and installation of high mask light. On the edges of proposed 6m wide track, 0.30m wide Optical Fibre Cable is also proposed to be laid. Out of the total land required for execution of aforesaid project, 0.822308 hectares land falls within 'the reserved forest area. Since 0.822308 hectares land (to be developed) falls within the reserved forest area, the project proponent made an application under The Forest (Conservation) Act, 1980 before the Department of Forest. The applicant herein had earlier preferred an application bearing IA No. 11/2021 seeking permission of this Hon'ble Tribunal. This Hon'ble Tribunal while making an oral observation that no permission of the Tribunal is required as it is a matter between two departments of the Government which can be dealt with at their level. In the said background, the said application was withdrawn. The Department of Forest, referring to order dt.20.06.2018, passed by this Hon'ble Tribunal has asked Uttar Pradesh Rajkiya Nirman Nigam Ltd. to seek permission from this Hon'ble Tribunal. It is submitted that the order dt. 20.06.2018 could not be pointed out by the applicant herein during the course of the proceedings on 18.03.2021.

As already mentioned, the application is not maintainable. Even earlier, an application by the same applicant was dismissed. It is inappropriate for the applicant to attribute oral observations to the Tribunal. There is no means to verify alleged oral observation, which is not part of record. As per record, application was withdrawn. Further, repeated applications are also not appropriate in absence of permission granted. Further, once final order has been passed in the matter, no further application is maintainable. It is for the concerned statutory authorities to deal with the issue any statutory permissions and any party aggrieved by such order has to take remedy at appropriate forum as per law and not by such applications as are being repeatedly filed before this Tribunal in a decided matter."

The application is accordingly dismissed.