National Green Tribunal
Abhay Tyagi vs Uttar Pradesh State Industrial ... on 15 September, 2022
Item No.3 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No. 250/2022
Abhay Tyagi Applicant
Versus
Uttar Pradesh State Industrial
Development Authority & Anr. Respondent
Date of hearing: 15.09.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondents: Mr. Rajesh Raina, Advocate for respondent no. 1.
Mr. Rahul Khurana, Advocate for the Allottee
Aplication Under Section 14 of the National Green Tribunal Act, 2010.
ORDER
1. The applicant has filed present application under section 14 of the National Green Tribunal Act, 2010, seeking the relief of directions to respondents no. 1 and 2 to withdraw their decision of change of land use of Common Facility Center (CFC) and park land of the industrial area, restore prior status thereof and ensure that parks and common facilities are developed and maintained therein.
2. Vide order dated 26.04.2022, notices were ordered to be issued to the respondents and the applicant was allowed to take requisite steps for impleading Municipal Corporation, Ghaziabad and the allottee of the land in question.
3. None has appeared on behalf of the applicant today.
4. Since Commissioner, Municipal Corporation, Ghaziabad and the allottee of the land in question are the necessary parties, they are ordered O. A. No. 250/2022 Abhay Tyagi Vs. Uttar Pradesh SIDA & Anr. -2- to be impleaded as respondents no. 3 and 4. The registry is directed to amend the memo of parties accordingly.
5. Mr. Rahul Khurana, Advocate has appeared and accepted notice on behalf of the allottee M/s Span Organics Pvt. Ltd.
6. Reply on behalf of the respondents no. 1 and 2 has been filed vide email dated 09.09.2022 and reply on behalf of the allottee of the land in question has been filed vide email dated 13.09.2022.
7. Notice be issued to the Commissioner, Municipal Corporation, Ghaziabad by E-mail requiring him to file his response/reply in respect of the averments made in the application regarding encroachment on the area of the park specifically giving details in the reply regarding steps taken for removal of the encroachments and restoration of the park within two months at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
8. Respondents no. 1 and 2 are also directed to file further affidavit giving details regarding the procedure which was required to be followed and which was followed by the MD for diversion of the land in question from Common Facility Center to industrial plot and giving details regarding other Common Facility Center provided to the industrial plot owners in the industrial area within two months at [email protected] in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
9. List for further consideration on 06.12.2022.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM September 15, 2022 AG