Tribunals and CommissionsFull Bench(2021) 04 NGT CK 0052

Sher Khan vs State of U.P. & Ors

National Green Tribunal · Decided on 13 April 2021

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Arun Kumar Tyagi, JM · Prof. A. Senthil Vel, EM · Dr. Vijay Kulkarni, EM · Dr. Afroz Ahmad, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 233 Of 2022

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Judgment

6 paragraphs · 282 words
1.

This Application seeks removal of encroachment from park/green/ open space at site-4, industrial area, Sahibabad, A block and on the right side of plot No. A-45 and south side of the Central Electronic Limited (CEL) and behind plot No.C-18/17 and 18, bearing khasra numbers 77, 92, 94, 96, 97, 98, 99, 101, 102 and 103, and Park at plot No.49 situated between plot No.49/45 and 49/23 area admeasuring 1981.36 Sq/Mtrs, and Park at plot No. A-16 falls opposite to plot No. A-16/6 and on the right side of the plot No. A-16/33 at site-4 industrial area Sahibabad, Ghaziabad, and Park between the plot numbers A-4/7, A-4/8, A-4/9, A-4/12 and A-4/13 at khasra number, 821, 822 and 823 situated at site-4 industrial area, Sahibabad.

2.

Without going into the merits, we find it difficult to entertain the Application in absence of alleged violators being impleaded as parties and dates of encroachment being mentioned so as to verify the period of limitation.

3.

Even though the Application is defective as above and cannot be entertained, there can be no dispute that maintaining parks and open areas is necessary for environment which matter can be looked into and action taken by the statutory Authorities - Ghaziabad Development Authority and Ghaziabad Municipal Corporation following due process, if particulars are ascertained.

4.

Accordingly, while not entertaining the application, we make it clear that the applicant is not debarred from moving the said Authorities, if so advised, so that the allegations can be looked into and remedial action taken, in accordance with law.

The Application is disposed of.

A copy of this order be forwarded to Ghaziabad Development Authority and Ghaziabad Municipal Corporation by email for compliance.