A Shivakumar vs Vijayshekar Thangaiah And Others on 16 May, 2024

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National Green Tribunal

A Shivakumar vs Vijayshekar Thangaiah And Others on 16 May, 2024

Bench: Satyagopal Korlapati

Item No.02:-

               BEFORE THE NATIONAL GREEN TRIBUNAL
                    SOUTHERN ZONE, CHENNAI

                          (Through Video Conference)

                 Original Application No.165 of 2024 (SZ)


IN THE MATTER OF:


     A. Shivakumar,
     Bangalore.
                                                              ...Applicant(s)

                                      With


     Vijayshekar Thangaiah,
     Bengaluru and Ors.
                                                            ... Respondent(s)


     Date of hearing: 16.05.2024.



CORAM:


HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER


     For Applicant(s):        Mr. D.R. Ravi Shankar, Sr. Adv. along with
                              Ms. K. Chhaya.


     For Respondent(s):       Mr. T.V. Sekar for R6.
                              Mr. Rajat Jonathan Shaw represented
                              Mr. K.M. Darpan for R7.


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                             ORDER

1. The allegation in the application is that the construction coming up on the nalahs will lead to the pond situated in Survey No.2/1A. According to the learned counsel for the applicant, the construction is happening on Sy. No.2/2, which is adjacent to the water body.

2. The main allegation in this application is that the channels or the nalahs leading to this pond during the rainy season are blocked by the constructions raised by the private respondents.

3. Let notice be issued to the respondents through the Tribunal as well as privately.

4. The learned counsels Mr. T.V. Sekar accepts notice on behalf of Respondent No.6 and Mr. Rajat Jonathan Shaw representing Mr. K.M. Darpan accepts notice on behalf of Respondent No.7.

5. It is seen from the record that the Bruhat Bengaluru Mahanagara Palike (BBMP) who had issued information under the RTI Act mentioning that no building plan for the Municipal No.82-82-21 at 80 Feet road, Michael Palya, Indiranagar, Bangalore has been issued.

6. Let the BBMP take immediate action, as it is already been brought to their knowledge when the information under the RTI Act was sought for.

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7. It is made clear in the event the BBMP finds that the constructions are without any approval and they are obliterating the nalahs, they are directed to stop the ongoing constructions (if any) forthwith and take appropriate action to clear the nalahs.

8. Post the matter on 18.07.2024.

Sd/-

Smt. Justice Pushpa Sathyanarayana, JM Sd/-

Dr. Satyagopal Korlapati, EM O.A. No.165/2024 (SZ) 16th May, 2024. AD.

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