National Green Tribunal
Kamlesh Jonwal President Rwa vs Uday Punj on 5 January, 2023
Item No. 1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 914/2022
With
Caveat Application No. 20/2022
Kamlesh Jonwal ...Applicant
Versus
Uday Punj & Anr. ...Respondents
Date of hearing: 05.01.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: Applicant in person.
Caveat: Ms. Madhumita Singh, Advocate.
Application under the provisions of the National Green Tribunal Act, 2010
ORDER
1. The Residents Welfare Association having its office at Kaveri Apartment, D6, Vasant Kunj, New Delhi has filed the present application seeking order for saving green belt on Kaveri Apartment exit gate road.
2. In the application, the applicant association has submitted that green belt at both sides of road connecting Masoodpur Road to Kaveri Apartment exit gate and Yamuna Apartment, D6, Vasant Kunj, New Delhi, with coordinate, as mentioned in the application, was left by the concerned urban planning Authorities for greenery and breathing of earth. The green belt has been encroached upon by building brick wall at the footpath in November 2022 and trees existing in the greenbelt were illegally cut by respondent no. 1-Mr. Uday Punj on 05.12.2022.
O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr. -2-
3. Prima facie, the allegations made in the application raise questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010.
4. In the present case the applicant association has impleaded Mr. Uday Punj as respondent no. 1 and DDA as respondent no. 2 but in view of averments made in the application and attending facts and circumstances of the case, presence of the DCF (Western Zone)/Tree Officer, the District Magistrate (South West) Delhi and the Commissioner, Municipal Corporation of Delhi is considered to be essential for just and proper adjudication of the question involved in the case. Accordingly, they are impleaded as respondents no. 3, 4 and 5. The Registry is directed to make appropriate amendments in the memo of parties.
5. Respondent No. 1-Mr. Uday Punj has filed Caveat Application registered as Caveat Application No. 20/2022 for granting him opportunity of being heard before passing of any injunctive order on application, if any, filed in respect of property bearing Khasra Nos. 480/396/87 (3-12), 479/396/87 (3-12), 86 (9-12), 88 (9-17) and 67 (4-01) measuring 30 bighas 14 biswas situated in the aea of Village Masoodpur, New Delhi.
6. Copy of the original application along with the documents attached therewith be supplied to the learned counsel for the Caveator-respondent no. 1-Mr. Uday Punj.
7. Notices alongwith the copies of the application and documents attached with the same be issued to respondents no. 1 to 5. Reply/response alongwith the relevant documents be filed by respondents no. 1 to 5 within five days by email at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr. -3-
8. List for further consideration on 12.01.2023.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM January 05, 2023 AG