National Green Tribunal
Dinesh Jain vs Govt. Of Nct Of Delhi on 18 September, 2023
Item No. 02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 549/2023
Dinesh Jain & Anr. Applicant(s)
Versus
Govt. of NCT of Delhi Respondent
Date of hearing: 18.09.2023
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
ORDER
1. This Original Application is registered on the basis of letter petition dated 01.06.2023 received from the Residents Welfare Association, D.B. Block, Hari Nagar, New Delhi-110064 with the grievance that Indus Tower Company has installed a mobile tower in Tikona Park without obtaining prior permission to remove greenery and installed a permanent structure in green area in the said park. Further grievance has been raised that the elderly persons and children of the area are facing problem of humming sound of this tower which is coming continuously. Issue has also been raised that the tower is very close to the Tihar Jail and is a risk to the security.
2. We notice that earlier the letter petition (being OA No. 24/2023, Guldeep Bhatia & Ors. vs. Govt. of NCT of Delhi) was registered at the instance of residents of F-Block, Hari Kunj Society, Ward No. 10, Hari Nagar, New Delhi raising a similar grievance that M/s. Indus Towers 1 Limited had installed a mobile tower in a small park situated in Hari Kunj Society, Ward No. 10, Hari Nagar, New Delhi.
3. The Tribunal on 26.05.2023 in OA No. 24/2023 had taken note of the earlier order of the Tribunal dated 19.07.2022 in OA No. 232/2022, Gautam Nagar Residents Association Regd. vs. Commissioner, SDMC & Others, taking a view that no mobile tower can be allowed to be installed in a park. In OA No. 24/2023, subsequently on 11.07.2023, it was noted that the order passed on 19.07.2022 in OA No. 232/2022, was subject matter of challenge in Petition No. CM (M) 1380 of 2022, wherein High Court of Delhi had granted stay.
4. In view of the above, OA No. 24/2023 has been kept pending.
5. Since the issue is already pending before the Tribunal, therefore, at this stage, we only deem it proper to issue notice to M/s. Indus Towers Limited, Commissioner, Municipal Corporation of Delhi and Delhi Pollution Control Committee. Let the needful be done by the Registry for service of notice to these parties.
6. List along with OA No. 24/2023 on 20.10.2023.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM September 18, 2023 Original Application No. 549/2023 DV 2