National Green Tribunal
Jan Seva Welfare Society vs Government Of National Capital ... on 5 December, 2023
Item No.4 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DLEHI.
(Through Physical Hearing with Hybrid V C Option)
Original Application No.809/2022
(I.A. No. 336/2022)
Jan Seva Welfare Society ...Applicant
Versus
Govt. of NCT of Delhi &Ors. ...Respondents
Date of hearing: 05.12.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: Mr. YogeshGoel, Advocate for the applicant.
Respondents: Ms. Tanisha Samantha Proxy counsel for Mr. Balendu
Shekhar Advocate for Responent no.2-DPCC (Through
VC).
Ms. Latika Malhotra and Ms. Kritika Gupta Advocates
for Respondent no.3-DDA. (Through VC)
Mr. Gi. Gi. C. George Advocate for Respondent no.5-
Department of Telecom.
Mr. Manan Shishodia Advocate for Mr. Raghav
Shanker Advocate for Respondent no.7-M/s. Reliance
Jio Infocomm Private Limited.
Ms. Snehal Kaila Advocate for Ms. Kanika Agnihotri
Advocate for Respondent no.6-M/s. Indus Towers.
None for Respondent No.1 and 4.
APPLICATION UNDER SECTION 18 READ WITH SECTION 14,15 & 17
OF THE NATIONAL GREEN TRIBUNAL ACT, 2010)
ORDER
1. The applicant Jan Seva Welfare Society, a society registered under the Societies Registration Act, 1860, has filed the present application under Section 18 read with Sections 14,15 and 17 of the National Green Tribunal Act, 2010 complaining that respondents no. 6 and 7 in O. A. No. 809/2022 Jan Seva Welfare Society Vs. Govt. of NCT of Delhi &Ors.
-2- connivance with respondent no. 3 have, in violation of the rules and regulations issued by the Department of Telecommunication and order dated 19.07.2022 passed by this Tribunal in O.A. No. 232/2022 titled as "Gautam Nagar Residents Association Regd. Vs. Commissioner, SDMC &Ors.", erected telecom towers in DDA parks in the locations mentioned in the application.
2. Vide order dated 14.11.2022, notices were ordered to be issued to the respondents.
3. In the course of hearing I.A. No. 336 of 2022 has been filed by respondent no.6-M/s. Indus Towers Ltd. seeking to place on record the copy of order dated 09.12.2022 passed by Hon'ble Delhi High Court in CM(M) No. 1380 of 2022 and directing the stay of the proceedings of the present O.A. till the final outcome of CM(M) No. 1380 of 2022.
4. No reply to I.A. No. 336 of 2022 has been filed by the applicant Society.
5. Learned Counsel for the applicants and respondents no. 3,5 and 7 have no objection if I.A. no. 336 of 2022 is allowed and applicant respondent no. 6 is allowed to place on record copy of order dated 09.12.2022 passed by the Hon'ble Delhi High Court passed in CM(M) No. 1380 of 2022.
6. In view of no objection and attendant facts and circumstances, I.A. no. 336 of 2022 is allowed and applicant respondent no. 6 is allowed to place on record copy of order dated 09.12.2022 passed by the Hon'ble Delhi High Court passed in CM(M) No. 1380 of 2022. O. A. No. 809/2022 Jan Seva Welfare Society Vs. Govt. of NCT of Delhi &Ors.
-3-
7. Relevant part of order dated 09.12.2022 passed by the Hon'ble Delhi High Court passed in CM(M) No. 1380 of 2022 reads as under:
"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."
8. It may be added here that as per order dated 16.10.2023 passed by the Registrar of Hon'ble Delhi High Court the matter stands adjourned to 05.01.2024.
9. Learned Counsel for the parties present have no objection if the case is adjourned sine die.
10. In view of no objection and the attendant facts and circumstances O.A. no. 809 of 2022 is adjourned sine die and the same will be restored and taken up after and in consonance with the decision of Hon'ble Delhi High Court in CM(M) No. 1380 of 2022 and order, if any, to be passed by the Hon'ble Supreme Court in appeal, if any, filed against the same.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM December 05 2023 N