National Green Tribunal
Apartment Owners Association Gaur ... vs Greater Noida Industrial Development ... on 5 August, 2022
Item No.04 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No. 557/2022
Gaur Atulyam Apartment Owners
Association ...Applicant
Versus
Greater Noida Industrial Development
Authority & Anr. ...Respondents
Date of hearing: 05.08.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Vaibhav Shahi alongwith Mr. Rishav Ranjan, Advocates
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.
2. The applicant has submitted that about 6500 persons including senior citizen and children are living in Gaur Atulyam Apartments which is one of the most densely populated residential society in Greater Noida. Respondent no. 1 has issued allotment letter dated 05.07.2022 in favour of Respondent no. 2 allowing construction of mobile towers in green belts in violation of directions of Hon'ble Supreme Court and this Tribunal. Construction of mobile towers in greenbelts in the vicinity of the residential premises will cause serious health risks to the residents in the locality. The applicant made O. A. No. 557/2022 Gaur Atulyam Apartment Owners Association. Vs. Greater Noida Industrial Development Authority & Anr.
-2-representation dated 19.07.2022 to respondent no. 1 but no action has been taken on the same.
3. Notices alongwith copies of the application and documents attached therewith be issued to Respondents no. 1 and 2 requiring them to file their response/ reply to the allegations made in the application within 10 days at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
4. List the matter for further consideration on 16.08.2022.
5. The applicant is directed to take requisite steps for effecting service of notices on the respondents. The applicant may also take the notices Dasti and serve the same on the respondents and file affidavit in this regard within five days.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 05, 2022 AG