National Green Tribunal
Brigadier Paramjit Singh vs State Of Haryana on 26 May, 2022
Item No.3 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No. 391/2022
(I.A. No. 132/2022)
Brigadier Paramjit Singh & Ors. Applicants
Versus
State of Haryana & Ors. Respondents
Date of hearing: 26.05.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicants: Ms. Neela Gokhale, Mr. Kushal Choudhary, Mr. Mohit
Kumar Singh and Mr. Sourav Singh Advocates for
applicant
ORDER
1. The applicants, residents of Sector-41 Gurugram, have filed the present application under Section 14 of the National Green Tribunal Act, 2010 seeking restoration of water body (Johad) as shown in the map annexed with the application and greenbelt area surrounding the water body and to set aside and declare as illegal the notification for E-auction initiated by respondent No.3.
2. The applicants have submitted that the applicants purchased plots in sector 41 Gurugram and constructed their houses there on prior to the year 1999. There exists a water body adjoining the colony which was being used by the villagers as well as residents of the locality. During the period 1999-2022 certain builders and developers acting in connivance with influential people gradually filled up the water body with the ulterior motive to encroach upon the same and the land of the water body is being used at present as a dump yard for construction debris and other waste. The applicants sent representations to the Administrative Authorities for restoration of the water body and greenbelt surrounding the same but to no effect. Respondent No.3 has revised layout plan of Sector-41, Gurugram making provisions for construction of a commercial complex on the area of 6740.58 sq. meters and has issued a notification for E-auction of the above said land where in the water body and surrounding greenbelt is being made available for E-auction for construction of the above said commercial complex. The notification has been published on the web portal of respondent no.3 and auction is scheduled for 29.05.2022. The said action of respondent no. 3 is illegal, arbitrary, malafide against environmental norms and judgments rendered by this Tribunal as well as various courts.
3. Alongwith the original application the applicants have also filed application IA No. 132/2022 for interim injunction.
4. We have heard learned Counsel for the appellant and gone through the relevant record.
5. The averments made in the petition raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010 and illegality of the proposed action of respondent No.3.
6. However, we find that respondent no. 3 is at present offering only site of commercial complex measuring 6740.58 sq. meters by the impugned E-Advertisement and the land of the waterbody and surrounding greenbelt, which is alleged to have been included in saleable area, is not being offered for sale by the impugned advertisement..
7. Let notices of the O.A as well as I.A. for injunctive relief be issued to respondents requiring them to file replies specifically responding to all material averments made in the application within two months.
8. The appellant is directed to take requisite steps for service of notices on the respondents and file affidavit regarding the same by email at [email protected] within seven days.
9. List the matter for further consideration on 29.08.2022.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM May 25, 2022 Original Application No. 391/2022 AG