National Green Tribunal
Gaur Atulyam Apartment Owners ... vs Greater Noida Industrial Development ... on 16 May, 2023
Item No. 3 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH AT NEW DELHI
(Through Physical Hearing with Hybrid VC Option)
Original Application No.557/2022
(I.A. No. 05/2023)
Gaur Atulyam Apartment
Owners Association ...Applicants
Versus
Greater Noida Industrial Development
Authority & Anr ...Respondents
Date of hearing: 16.05.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: Mr. Vaibhav Shahi, Advocate (through VC).
Respondents: Mr. Ravindra Kumar, Sr. Advocate with Mr. Binay Kumar
Das and Ms. Neha Das, Advocates for respondent no. 1-
GNIDA.
Mr. Gopal Jain, Sr. Advocate with Ms. Kanika Agnihotri
and Ms. Snehal Kaila Advocates for respondent no. 2-
Indus Tower Ltd.
Mr. Gi Gi. C. George, Advocate for Respondent no. 3-
Department of Telecommunication.
Application under Section 14 of the National Green Tribunal Act, 2010.
ORDER
1. The applicant- Gaur Atulyam Apartment Owners Association has filed present application under Section 14 of the National Green Tribunal Act, 2010 for quashing of allotment letter dated 05.07.2022 issued by Respondent no. 1-Greater Noida Industrial Development Authority (GNIDA) in favour of Respondent no. 2- M/s Indus Tower Ltd. allowing construction of mobile towers in green belts including green belt in front of Gaur Atulyam Society.
O. A. No. 557/2022 Gaur Atulyam Apartment Owners Association Vs. Greater Noida Industrial Development Authority & Anr.
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2. Vide order dated 05.08.2022, notices were ordered to be issued to the respondents.
3. Replies have been filed by respondent no. 1 vide email dated 23.11.2022, respondent no. 2 vide email dated 19.10.2022 and respondent no. 3 vide email dated 23.11.2022. Supplementary reply has also been field by respondent no. 1 vide email dated 14.12.2022.
4. I.A No. 05/2023 was filed by respondent no. 2 seeking permission to place on record copy of order dated 09.12.2022 passed by Hon'ble High Court of Delhi in CM (M) No. 1380 of 2022 titled as M/s Indus Towers Ltd. Vs. Gautam Nagar Residents Association & Ors. with the prayer that the present proceedings be kept in abeyance till the final outcome of above-said proceedings.
5. Reply to I.A No. 05/2023 has been filed by the applicant vide email dated 22.03.2023.
6. Mr. Gopal Jain, Learned Senior Advocate for respondent no. 2 has argued that in O.A No. 61/2012 titled as Dr. Arvind Gupta Vs. Union of India and others four Member Bench of this Tribunal held that radiation from electromagnetic waves resulting from mobile towers is not explicitly covered in any of the Acts specified in the Schedule to the National Green Tribunal Act, 2010 and the same does not fall within the ambit, scope and jurisdiction vested in this Tribunal under the provisions of the National Green Tribunal Act, 2010 with reference environment (Protection) Act, 1986. Three Member Bench order dated 09.07.2022 passed in O.A. No.232/2022 and order dated 20.09.2022 passed in Review Application No.27/2022 over looked the above said Judgment due to which operation thereof has been stayed by Hon'ble High Court of O. A. No. 557/2022 Gaur Atulyam Apartment Owners Association Vs. Greater Noida Industrial Development Authority & Anr.
-3-Delhi vide order dated 09.12.2022 in CM(M) No. 1380 of 2022 titled as M/S Indus Towers Ltd Vs Gautam Nagar Residents Association Regd. & Ors. Hon'ble High Court of Delhi observed that the issue with respect to the installation of the cell towers, the apprehension of ill-effects on the health of human lives as well as the larger issue as to whether the Tribunal had any jurisdiction to pass any such order, as the impugned one, needs consideration. This Tribunal is not entitled to proceed with the present application till decision of the question of jurisdiction by Hon'ble High Court of Delhi in the above mentioned case and the application is not maintainable.
7. On the other hand Learned Counsel for the applicant-Mr. Vaibhav Shahi, Advocate has submitted that the applicant is not pressing his relief regarding environmental impact of radiation from mobile tower and is merely challenging the validity of permission granted for erection of mobile tower within public park/green belt as the public park/green belt cannot be put to any other use. Order dated 09.12.2022 passed by Hon'ble High Court of Delhi in CM(M) No. 1380 of 2022 titled as M/S Indus Towers Ltd. Vs Gautam Nagar Residents Association & Ors. will not be binding on the parties in the present case as order to be passed by the Hon'ble High Court of Delhi will have no applicability in the State of Uttar Pradesh and the questions involved in the present case have to be adjudicated upon independently. Interim order relied upon by learned Counsel for respondent no. 2 does not constitute any binding precedent baring jurisdiction of this Tribunal for adjudication of dispute arising in the State of Uttar Pradesh.
8. Learned Counsel for the parties seek adjournment for filing written submissions alongwith details of the judgments relied upon by them. O. A. No. 557/2022 Gaur Atulyam Apartment Owners Association Vs. Greater Noida Industrial Development Authority & Anr.
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9. Written Submissions alongwith the details of the judgments relied upon by them be filed within two months by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
10. List for further consideration on 14.09.2023.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM May 16 2023 AG