National Green Tribunal
Jan Seva Welfare Society vs Government Of National Capital ... on 16 May, 2023
Item No. 6 (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
Jan Seva Welfare Society ...Applicant
Versus
Govt. of NCT of Delhi & Ors. ...Respondents
Date of hearing: 16.05.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: Mr. Yogesh Goel, Advocate for the applicant.
Respondent: Mr. Krishna Chitanya, Advocate and Mr Dinesh
Jindal, LO, for respondent no. 2-DPCC
Ms. Latika Malhotra and Ms. Kritika Gupta, Advocates
for respondent no. 3-DDA (through VC).
Mr. GiGi.C. George, Advocate for respondent no 5-
Ministry of Communication (through VC).
Mr. Gopal Jain, Sr. Advocate with Ms. Kanika
Agnihotri and Ms. Snehal Kaila, Advocates for
respondent no. 6-M/s. Indus Towers Ltd.
Mr. Raghav Shankar, Mr. Vishnu Sharma, Ms. Drishti
Rajain, Mr. Prakhar Aggarwal, Advocates for
respondent no. 7-M/s. Reliance Jio Infocomm Private
Limited.
APPLICATION UNDER SECTION 18 READ WITH SECTION 14, 15 &
17 OF THE NATIONAL GREEN TRIBUNAL ACT, 2010)
ORDER
1. The grievance in the present application is that respondents no. 6 and 7 in connivance with respondent no. 3 have in violation of rules and regulations issued by the Department of the Telecommunication and order dated 19.07.2022 passed by this Tribunal in O.A No. 232 of 2022 titled as Gautam Nagar Residents Association Regd. Vs. O. A. No. 809/2022 Jan Seva Welfare Soceity Vs. Govt. of NCT of Delhi & Ors.
-2- Commissioner, SDMC & Ors. erected telecom towers in DDA parks and the applicant has accordingly prayed for removal of the telecom towers and imposition of environmental compensation for the same since installation of telecom towers in DDA parks is in violation of the Rules and Regulations/environmental norms.
2. Vide order dated 14.11.2022, notices were ordered to be issued to the respondents.
3. Pursuant to notice, replies have been filed by respondent no. 2 vide email dated 20.12.2022, by respondent no. 5 vide email dated 23.12.2022 and by respondent no. 7 vide email dated 20.03.2023.
4. I.A. No. 336/2022 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. to be kept in abeyance till the final outcome of CM(M) No. 1380 of 2022.
5. No reply/response to the I.A No. 336/2022 has been filed by the applicant.
6. Learned Counsel for the applicant seeks adjournment for filing reply to the application be filed within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
7. Written Submissions in support of the interim application and reply to the same alongwith the details of the judgments relied upon be also filed by email as directed above.
O. A. No. 809/2022 Jan Seva Welfare Soceity Vs. Govt. of NCT of Delhi & Ors.
-3-
8. List for further consideration on 14.09.2023.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM March 16, 2023 AG