National Green Tribunal
Amit Kishore And Ors vs Uttar Pradesh Pollution Control Board on 21 February, 2023
Item No. 7 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 287/2022
Amit Kishore & Ors. ...Applicants
Versus
Uttar Pradesh State Pollution Control Board & Ors. ...Respondents
Date of hearing: 21.02.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicants: Mr. Prem Prakash, Advocate along with applicant in
person.
Respondents: Mr. Pradeep Misra, Advocate for Respondent No.
1-UPPCB (through VC).
Mr. Vibhav Mishra, Advocate for Respondent No. 2-
Ghaziabad Nagar Nigam.
Ms. Vibha Bhat, Ms. Rashi Bajpayee and Ms. Ananya
Singh, Advocates for Mrs. Veera Kaul Singh (AOR) for
Respondent No. 3-Uttar Pradesh Awas Evam Vikas
Parishad.
Mr. Bhanwar Lal Singh Jadon, Mr. Rovin Singh Solanki
and Mr. Chetan Jadon, Advocates for Respondent No. 4
and 5.
Mr. Manish Raghav, Advocate for Respondents No. 7 to
48.
ORDER
1. The applicants, who are residents of Sectors 15, 16, 17 and 19 Vasundhara, Ghaziabad respectively and who claim themselves to be actively working towards protection of environment under the banner of "Safai Express & Safai Muhim" in and around that area, have filed the present application complaining about encroachments on Green Belts and Parks and Open Spaces in Vasundhara, Ghaziabad, Uttar Pradesh with the prayer for removal of encroachments and restoration of Green Belts, Parks and open spaces.
O. A. No. 287/2022 Amit Kishore & Ors. Vs.
UPPCB & Ors.
-2-
2. Vide order dated 29.04.2022, notice of the application was ordered to be issued to the respondents requiring them to file their replies within two months detailing their response to the averments made in the application particularly as to present status of the green belts, 123 parks and 80 open spaces as mentioned in the application, status thereof in Master Plan as well as their present status with encroachments, if any, and steps taken for removal of such encroachments and all material details regarding project of vending zone developed in green belt of Sector 15, the agency involved in development of the same and procedure followed for the allotment with names of the allottees.
3. In compliance thereof, report was filed by respondent No.1 UPPCB vide email dated 26.09.2022 and replies were filed by respondent no. 2 vide email dated 27.07.2022, Respondent No. 3- Uttar Pradesh Awas Evam Vikas Parishad (UPAVP) vide email dated 05.09.2022 and respondents no. 4 and 5 vide email dated 26.09.2022. The Ghaziabad Development Authority was impleaded vide order dated 27.09.2022 as Respondent No. 6 but no reply has been filed on its behalf.
4. The stand of Respondent No. 2-Ghaziabad Nagar Nigam that no green belt was encroached upon/converted by Respondent No.2 Ghaziabad Nagar Nigam for development of the vending zone was contradicted by the stand taken by Respondent No. 3- UPAVP, which alleged that the land on which the Iron Shops/Kiosks were installed was part of Green Belt.
5. Vide order dated 27.09.2022, Respondent No. 2-Ghaziabad Nagar Nigam was directed to file additional affidavit. Accordingly, additional affidavit was filed by the Commissioner, Ghaziabad Nagar Nigam vide O. A. No. 287/2022 Amit Kishore & Ors. Vs. UPPCB & Ors.
-3-email dated 21.11.2022. In his additional affidavit the Commissioner, Ghaziabad Nagar Nigam has mentioned that Respondent No. 2 has removed all make shift structures on 03.11.2022 from the land, in question.
6. The mere fact that the Iron Shops/Kiosks have been removed from the land in question does not by itself render the present application to have become infructuous as in view of the prayer for restoration of land encroached upon as Green Belt, the questions as to whether the land in question fell in Green Belt and whether the same is required to be restored as Green Belt have to be adjudicated upon in the present case.
7. I.A. No. 273/2022 and I.A. No. 300/2022 were filed by the aggrieved persons which were allowed and the intervener applicants were impleaded as Respondents No. 7 to 48. Reply was filed by Respondents No. 7 to 16 which had been adopted by the Respondents No. 17 to 48.
8. The applicants and Respondent No. 3-UPAVP have claimed that the site in question in Sector 15 on which the Iron Shops/Kiosks were installed is part of Green Belt while Respondent No. 2-Ghaziabad Nagar Nigam and Respondents No. 7 to 48 have claimed that the site in front of CWR Overhead tank, which was demarcated as vending zone and on which Iron Shops/Kiosks were installed, does not fall in Green Belt.
9. Arguments were heard in the case and judgment was reserved vide order dated 23.11.2022 but in the present case we find that Respondent No. 2-Ghaziabad Nagar Nigam has not given any site plan of the vending zone project in Sector 15 with specific measurements of the space utilized for the project with length and width of the same. Respondents No. 7 to 48 have relied on the Vasundhara Yojna layout map but the layout map, which is very old having been prepared at the time of O. A. No. 287/2022 Amit Kishore & Ors. Vs. UPPCB & Ors.
-4-handing over of Vasundhara Yojna by UPAVP to Ghaziabad Nagar Nigam, does not depict the subsequent developments/modifications at the site in question and even the present position of the roads and the drains constructed on both sides of the roads is not shown in the above said map. Further, Respondents No. 7 to 48 have also not specifically indicated location of the Iron Shops/Kiosks with measurements of the space utilized for the same in the layout map relied upon by them. Copies of the Google images were filed with the replies by Respondent No. 2 and Respondents No. 7 to 16 but without indicating/showing location of the Iron Shops/Kiosks in the Vending Zone in Sector 15 with specific measurements of the area occupied. There is no material to identify the exact area which was demarcated as vending zone and utilized for installing of the Iron Shops/Kiosks.
10. In these facts and circumstances, Respondent No. 2-Ghaziabad Nagar Nigam is directed to file affidavit of its Officer conversant with the facts of the case specifically mentioning (i) particulars of the site in question with specific measurements which was demarcated as vending zone and where the Iron Shops/Kiosks were installed, (ii) whether the site in question or any part thereof, which was demarcated as vending zone and where the Iron Shops/Kiosks were installed, is part of Green Belt reserved by Respondent No. 3-UPAVP handed over to Ghaziabad Nagar Nigam for maintenance or not and (iii) how many Iron Shops/Kiosks were installed at the site in question in Sector 15 and were subsequently removed on 03.11.2022. Respondent No. 3- UPAVP is also directed to file affidavit of its Officer conversant with the facts of the case specifically mentioning as to whether the land in front of CWR Overhead tank, which was demarcated as vending zone and on which Iron Shops/Kiosks were installed, is part of Green Belt reserved by O. A. No. 287/2022 Amit Kishore & Ors. Vs. UPPCB & Ors.
-5-Respondent No. 3-UPAVP handed over to Ghaziabad Nagar Nigam for maintenance or not. The DFO, Ghaziabad is also directed to undertake visit to the site and report on the basis of revenue records/remote sensing data, as to whether any trees/green vegetation existed at the site in question and was cut/removed before installation of the Iron Shops/Kiosks.
11. List for further consideration on 17.03.2023.
12. In the facts and circumstances of the case, we also consider presence of Officer duly instructed/authorized by Respondent No. 2- Ghaziabad Nagar Nigam and Respondent No. 3-UPAVP and also the DFO, Ghaziabad before this Tribunal on the date fixed to be essential for assisting this Tribunal in just and proper adjudication of the questions involved in the case and accordingly, they are directed to remain present before this Tribunal on the date fixed.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM February 22, 2022 AVT