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Tribunals and CommissionsFull Bench(2022) 12 NGT CK 0034

Ramesh Malik & Ors vs Union of India & Ors

National Green Tribunal · Decided on 16 December 2022

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Prof. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No.909 Of 2022

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Judgment

6 paragraphs · 340 words
1.

Grievance in this application is against failure of Project Proponent (PP) R-4, M/s Amarnath Aggarwal Investments (P) Ltd., in not providing requisite green belt as per layout plan in the housing project - Amravati Enclave, NH-22, Shopping Mall+ 1080 No. of Flats+ plots at village Bhagwanpur, Islamnagar and Chandimandir, Ambala - Kalka National Highway near Panchkula.

2.

According to the applicant, the project is in eco-sensitive zone (ESZ) for which environmental clearance (EC) was granted on 25.03.2010 subject to the conditions laid down therein including wildlife clearance, the project being within 10 Km from the National Park. Other condition was to provide green belt in the manner laid down.

3.

The applicant filed O.A No.78 of 2021 followed by E.A No. 09 of 2021, Ramesh Malik & Ors. v. Union of India & Ors., on which a joint Committee was constituted. In the light of the said order, R-3, SEIAA withdrew the EC. The order of SEIAA was challenged in Appeal No. 15 of 2022, M/s Amar Nath Aggarwal Investment Private Limited v. State Environment Impact Assessment Authority & Ors., which was allowed by the Tribunal vide order dated 19.05.2022. However, later vide judgement dated 03.06.2022 in T.N Godavarman Thirumulpad v. UoI (SC), the Hon’ble Supreme Court has prohibited constructions within 1 Km from the ESZ while the present project is within 880 mtrs.

4.

None appears for the applicant. We have perused the record. We find that the matter has been dealt with exhaustively vide order dated 19.05.2022 in E.A No. 09/2021 and Appeal No. 15/2022. This application is in the nature of review seeking rehearing which is not permissible. However, if conditions of EC including providing green belt are violated, it will be open to the applicant to point out the same to the concerned authorities, who may in such case ensure compliance, following due process.

The Application is disposed of.

A copy of this order be forwarded to the SEIAA, Haryana for necessary action in the light of facts which may be found on the ground.