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Judgment
This application seeks review of order dated 27.08.2021 in OA No. 04/2020, Sunil Kumar Sharma (Journalist) v. Uttar Pradesh Industrial Development Authority & Anr.
The issue considered therein relates to encroachment on the green belt by way of a private building named 'Udyog Bhawan' at Ghaziabad, in violation of Master Plan. The Tribunal sought a report from the District Magistrate, Ghaziabad and vide report dated 11.09.2020, the District Magistrate acknowledged the illegality of encroachment as follows:-
"3. That in compliance of the order of the Hon'ble Tribunal, on 02.03.2020 a team of Lekhpal, Revenue Inspector and Naib Tehsildar had visited the land in question and found that the.. in question is currently under the possession/jurisdiction of Nagar Nigam Ghaziabad.
That an office premises has been constructed and operated by the UDYAMI SANGH (Association) without the permission of Nagar Nigam Ghaziabad.
That the inspecting team had found that an illegal encroachment done by UDYAMI SANGH as Udyog Bhawan having the measurement of 940 Sqm (Covered) and 292 Sqm (Vacant) at S- Block, South Side of G.T Road Industrial Area, Ghaziabad-201009 on the land reserved for green belt. The copy of Photograph is annexed herewith as ANNEXURE-A."
The Tribunal thereafter directed remedial action and filing of compliance report. No such report was filed but the alleged encroacher, Industrial Area Manufactures Association, the review applicant herein filed IA No. 430/2020, justifying the encroachment. The Tribunal did not find any merit in the said application and accordingly directed as follows:-
"5. Accordingly, we direct District Magistrate, Ghaziabad with the assistance of SSP, Ghaziabad to forthwith take remedial action of removing the encroachment and restoring the green belt. Any failure in this regard may leave no option except to take coercive measures against the District Magistrate, Ghaziabad and SSP, Ghaziabad personally.
The District Magistrate, Ghaziabad may also assess and recover compensation for wrongful encroachment of public land in the green belt. Pending assessment of final compensation, a token amount of Rs. 10 Lakhs be deposited as interim compensation for the violations by the applicant in the IA - South Side of G.T. Road, Industrial Area Manufactures Association, through its General Secretary-Mahesh Chandra Agarwal with the District Magistrate, Ghaziabad within one month, failing which coercive measures for recovery may be taken. The amount may be utilized for restoration of the environment."
The present review application practically repeats the arguments raised in the I.A. earlier and is an attempt to seek re-hearing.
No ground for review is made out. The review application is dismissed.