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Tribunals and CommissionsFull Bench(2023) 04 NGT CK 0017

Mahesh Kumar vs State of Uttar Pradesh & Ors

National Green Tribunal · Decided on 20 April 2023

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Arun Kumar Tyagi, JM · Dr. A. Senthil Vel, EM · Dr. Afroz Ahmad, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 275 Of 2023 (I.A. No. 269 Of 2023)

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Judgment

8 paragraphs · 361 words
1.

Grievance in this application is against failure of the statutory authorities in removing unauthorized construction over the flood plain zone of Yamuna and Hindan Rivers at Khata No. 163, Khasra nos. 507kh, 652 and 673, Village Lakhnawali, Greater Noida, Gautam Buddha Nagar, Uttar Pradesh.

2.

Case set out in the application is that there are more than 250 constructions in the above Flood Plain Zone, including the construction in question and though representation has been made to the authorities, the same are not being removed. The applicant has referred to earlier order of the Tribunal on the subject dated 20.05.2013 in Application No. 89/2013, Akash Vashishtha & Anr. vs. Union of India & Ors., and reports dated 05.07.2022, 27.07.2022 and 17.10.2022 of SDM Sadar, Gautam Buddha Nagar, dated 11.10.2022 of Irrigation Department and dated 07.10.2022 by Greater Noida Industrial Development Authority.

3.

In view of above, we consider it necessary to direct District Magistrate and Commissioner of Police, Gautam Buddha Nagar, Noida and Greater Noida Authorities, State PCB and Executive Engineer, Irrigation Department, Gautam Buddha Nagar to look into the matter and take remedial action, following due process of law and to file an action taken report within two months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. District Magistrate, Gautam Buddha Nagar will be nodal agency for coordination and compliance. Copy of the report may also be furnished to the alleged violators for their response, if any, before the next date.

List for further consideration on 27.07.2023.

No ground is made out for passing an interim order at this stage. I.A.

No. 269/2023 will stand disposed of accordingly.

A copy of this order be forwarded to District Magistrate and Commissioner of Police, Gautam Buddha Nagar, Noida and Greater Noida Authorities, State PCB and Executive Engineer, Irrigation Department, Gautam Buddha Nagar by e-mail for compliance.

The applicant may serve a set of papers on District Magistrate and Commissioner of Police, Gautam Buddha Nagar, Noida and Greater Noida Authorities, State PCB and Executive Engineer, Irrigation Department, Gautam Buddha Nagar and file affidavit of service within one week.