National Green Tribunal
Sushil Raghav vs State Of Uttar Pradesh on 21 February, 2025
Item No. 07 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 04/2025
Sushil Raghav Applicant
Versus
State of Uttar Pradesh & Ors. Respondent(s)
Date of hearing: 21.02.2025
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Ms. Shreepurna Dasgupta, Adv.
Respondents: Mr. Bhanwar Pal Singh Jadon, Mr. Harsh Vardhan Singh Rajawat, Ms.
Gargi Chaturvedi & Ms. Anjali Sharma, Advs. for R - 1 & 3 to 5
Mr. Malak Bhatt & Ms. Sukanya Joshi, Advs. for GMC
Ms. Sthavi Asthana, Adv. for UPSIDA (Through VC)
ORDER
1. In this Original Application allegation of the Applicant is about the illegal construction activities taken up by the Authorities on 'Park' in Site IV industrial area, Sahihabad, Ghaziabad. The Tribunal by order dated 10.01.2025 had constituted a joint Committee which has submitted the report dated 20.02.2025 disclosing the status of eight pieces of land which according to the Applicant are Park as under:-
Sr. Park land mentioned in Status of land Present status at No. OA by applicant earmarked in site layout map of industrial area by UPSIDA
1. 'Park' situated at A block Open space Construction of the right side of Plot No. A-46, smart mechanized north side of Central solid waste Electronic Limited (CEL), transfer station, behind plot no. C-18, D- primary school, 16/1,D-16, D-17,D-18, D- jhandapura, 19,D-20 and near 40mld, TSTP over Jhandapur village at site IV head tank, nursery industrial area Sahibabad structure by Forest 1 and Ghaziabad Department small factories, temple and shops.
2. 'Park situated at site IV Open space Construction of a industrial area just concrete stage an opposite to Karkarmodel over head tank village surround by and public toilet.
industrial plot No. 18/43, 44, 45,E-1, 2, 3, 4, 5 6, and opposite to Atlas Cycles Pvt. Ltd. on Solat road.
3. Park situated near Bharat Open space Construction of Electronics Ltd. on the right Primary School and village abadi on the Maharajpur, Public left near plot no. M5-6 of toilet, commercial Maharajpur village shops, temple dwelling units, mosque and roads.
4. Park surrounded by plot Park Parking Area being nos. 1-A, 4A/12 to 4A/14 used by some and plot no. 7,8,9,10 and industries, 12, 13, 14 of Karkarmodel transformer and village area mobile tower.
5. Park land adjacent to Plot Open space No open space no. 29B, 30B and commercial shops surrounded by old abadi and abadi found at opposite to Sahibabad site.
village bearing Khasra No. 532, 401
6. Park land adjacent to plot Open space No open space no. 24A to 26A, bearing commercial shops Khasra No. 436, 440 and and abadi found at 441 of Sahibabad village site.
7. Park land near Plot no. Not mentioned in No open space at 3A/3 and surrounded by layout map site. Abadi
8. Plot no. 59/21 Surrounded Open space by Abadi As per layout plant,
2. On the perusal of the above, we find that the pieces of the land at serial number 4 is admittedly a park. For rest of the pieces of land, it is stated to be open space. Learned Counsel for the State of UP has referred to the letter of the Additional District Magistrate, Ghaziabad dated 17.02.2025 written to the Regional Manager, UPSIDA, Ghaziabad seeking clarification in respect of the open space disclosed in the layout map to be as the park. He has informed that no reply to the said communication has been received till now.
23. Learned counsel for the Applicant seeks four weeks to file objection to the report of the Joint Committee. Learned Counsel appearing for Respondent No.2-UPSIDA also seeks four weeks to file reply by way of affidavit and place the correct factual position in respect of the nature of the above eight pieces of land on record.
4. List on 28.05.2025.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM February 21, 2025 Original Application No. 04/2025 A..
3