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Judgment
Original Application under Section 18 read with Section 14 of the National Green Tribunal Act, 2010.
Mr. Rajaram C. Iyer has filed the present Interim application No.836 of 2023 for recalling order dated 03.10.2023 passed by this Tribunal on the ground that the same has been passed without looking into the short affidavit of respondent no.2-DDA that Buddha park has not been yet taken over by respondent no.3-MCD and respondent no.2-DDA is still the custodian of the park with further prayer for passing appropriate orders to stop respondent no.3-MCD and other respondents from taking any bookings for social events/marriages/idol immersion, Chath Puja etc. to stop pollution thereby caused.
None has appeared for the applicant today.
We have gone through the application and documents enclosed with the same.
Vide order dated 03.10.2023 this Tribunal merely directed respondent no.3-MCD to file additional reply and status report furnishing the information as specified in the above said order. The applicant is challenging the entitlement of respondent no.3-MCD and other respondents to use Buddha park for bookings for social events/marriages/idol immersion, Chath Puja etc. without taking over of the same by respondent no. 3-MCD from respondent no.2-DDA. The said question has to be decided in the course of hearing of the present case. Order dated 03.10.2023 does not clothe respondent no. 3-MCD with any such entitlement and also does not bar any such adjudication. No ground to recall order dated 03.10.2023 is made out and, therefore, I.A. No. 836/2023 is dismissed.
The O.A. be listed for further consideration on the date already fixed i.e. 15.01.2024.