National Green Tribunal
Subhash Khandelwal vs North Delhi Municipal Corporation on 6 April, 2023
Item No.3 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No.268/2023
Subhash Khandelwal & Anr. ...Applicants
Versus
Ministry of Housing and Urban Affairs &Anr. ...Respondents
Date of hearing: 06.04.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: Applicant in person.
Original Application under Sections 14, 15 read with Section 18 of the
National Green Tribunal Act, 2010.
ORDER
1. The applicant has filed the present application under the provisions of the National Green Tribunal Act 2010, challenging the validity of the permission granted by the Municipal Corporation of Delhi to Ms. Indus Tower Pvt. Ltd. for installation of a mobile signal tower in a park (green area) at Seth Ghanshyam Dass Chowk, Ramjas Road, Karol Bagh, New Delhi.
2. In support of his application the applicant has relied on order dated 19.07.2022 passed by this Tribunal in O.A. 232 of 2022 titled "Gautam Nagar Residents Association Vs. Commissioner, SDMC & Ors."
3. We have heard the applicant and gone through the relevant material on record.
O. A. No. 268/2023 Subhash Khandelwal & Anr. Vs. Ministry of Housing and Urban Affairs & Anr. -2-
4. M/s. Indus Tower Pvt. Ltd. has filed CM(M) No.1380 of 2022 before Hon'ble High Court of Delhi order dated 19.07.2022 and order dated 20.09.2022 passed by National Green Tribunal (hereinafter in short, referred to as the 'Tribunal') in O.A. 232/2022 and Review Application No.27/2022 respectively. Hon'ble High Court of Delhi has vide interim order dated 09.12.2022 has stayed the operation of the above said orders and the relevant part of order dated 09.12.2022 is reproduced as under :
X X X X
21. In the meantime, impugned order dated 19.07.2022 passed in O.A. No.232/2022 and order dated 20.09.2022 passed in Review Application No.27/2022, case titled as Gautam Nagar Residents Association Regd. Vs. Commissioner, SDMC and Ors., passed by the Tribunal are stayed and consequently, the order date 18.08.2022 issued by Municipal Corporation of Delhi annexed at page 121 of the paper book is also kept in abeyance till further orders.
5. O.A. 809/2022 titled "Jan Seva Welfare Society Vs. Govt. of NCT of Delhi & Ors." (in which Ms. Indus Tower Pvt. Ltd. is also one of the respondents) which involves similar relief is pending before this tribunal and is listed for hearing on 16.05.2023.
6. It will be appropriate that the present application is also listed and heard with the above said case.
7. List this matter alongwith O.A. 809/2022 titled as Jan Seva Welfare Society Vs. Govt. of NCT of Delhi & Ors. on 16.05.2023.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM April 6, 2023 N