National Green Tribunal
Apartment Owners Association Gaur ... vs Greater Noida Industrial Development ... on 11 January, 2023
Item No.06 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH 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: 11.01.2023
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, Mr. Binay Kumar Das,
Ms. Priyanka Das and Ms. Neha Das, Advocates for
respondent no. 1-GNIDA.
Ms. Kanika Agnihotri, 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. -2-
2. Notice of the application was served on the respondents. Replies have been filed by respondents no. 1, 2 and 3 vide emails dated 23.11.2022, 19.10.2022 and 23.11.2022 respectively. Supplementary reply on behalf of respondent no. 1 has been filed vide email dated 14.12.2022
3. Vide order dated 15.12.2022, Learned counsel for respondent no. 2 was granted time to file additional reply/documents but no additional reply/documents has been filed by respondent. no. 2.
4. I.A No. 05/2023 has been 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 Reg. & Ors. with the prayer that the present proceedings be kept in abeyance till the final outcome of above-said proceedings.
5. Learned counsel for the applicant seeks time to file reply to I.A No. 05/2023.
6. Reply to the same be filed by the applicant within two months by e- mail at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
7. List for further consideration on 22.03.2023.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM January 11, 2023 AG