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Judgment
This is an application filed under Section 14 of the National Green Tribunal Act 2010, for the following reliefs.
a. To pass orders to the 1st and 2nd respondents not to accept and approve the proposal of 4th respondent submitted vide No. FP/AP/Others/15361/2015 to denotification of Reserve Forest lands situated in Green Hills of Seetha Konda and Yerrakonda within the limits of Greater Visakhapatnam city State of Andhra Pradesh;
b. To pass orders that the 4th respondent not to undertake any kind of development causing damage and threat to Environment, Climate and Ecology, and examine alternative lands in plain areas for development;
c. To protect the wild life to prevent any further development activities in the surrounding Hills of Visakhapatnam city and also to protect biodiversity.
The applicant who is present in person, is heard. The prayer on the face of it, cannot be granted as it is for the respondent Nos. 1 and 2 to consider whether any part of the Reserved Forest is to be de-notified or not. The power of respondents 1 and 2 to decide that question is not challenged in this application. If the contention of the applicant is that no part of the Hills could be de-notified and if still it is de-notified, the applicant is at liberty to challenge the same in accordance with law. The application is evidentially pre-mature. Therefore the application is dismissed with liberty to the applicant to challenge the order, de-notifying any part of the Reserved Forest, in accordance with law, with no order as to costs.
