Tribunals and CommissionsDivision Bench(2023) 09 NGT CK 0033

Kaushambi Apartments Residents Welfare Association Vs

National Green Tribunal · Decided on 13 September 2023

HON’BLE JUDGES
Arun Kumar Tyagi, JM · Dr. Afroz Ahmad, EM
RESULT
Dismissed
CASE NUMBER
Original Application No. 858 Of 2022 (I.A. No. 49 Of 2023)

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 232 words

Application under Section 18 (1) read with Sections 14, 15, 16 and 17 of the National Green Tribunal Act, 2010.

1.

Kaushambi Apartments Residents Welfare Association (KARWA) has filed the present application under Section 18 (1) read with Sections 14, 15, 16 and 17 of the National Green Tribunal Act, 2010 complaining about the illegal encroachments made on Ventilation Shafts in apartments/buildings in Kaushambi, Ghaziabad by several flat owners which is leading to massive air pollution.

2.

Vide order dated 01.12.2022, the applicant was directed to implead the persons who are alleged to have made encroachments on the Ventilation Shafts and the concerned office bearers of the Residential Welfare Association of the apartments/buildings in question and specifically plead as to how question relating to environment is involved due to encroachments of Ventilation Shafts and vide order dated 09.01.2023 learned Counsel for the applicant was granted time for filing of application for amendment of the original application for impleading the encroachers and also detailing the impact of encroachments made.

3.

However, no application for amendment has been filed and learned Counsel for the applicant seeks permission to withdraw the original application with liberty to file fresh original application on the same cause of action by impleading the necessary/proper parties, giving better particulars and filing copies of the relevant documents.

4.

Accordingly, the present Original Application is dismissed as withdrawn with liberty as aforesaid.