National Green Tribunal
Guldeep Bhatia And Anr vs Govt. Of Nct Of Delhi on 22 February, 2023
Item No. 15 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 24/2023
Guldeep Bhatia & Ors. Applicant
Versus
Govt. of NCT of Delhi Respondent
Date of hearing: 22.02.2023
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Application is registered based on a complaint received by post/email
ORDER
1. This original application has been registered under Section 14& 15 of National Green Tribunal Act, 2010 (hereinafter referred to as 'NGT Act, 2010') on a letter petition dated 22.07.2022 received from the residents of F Block, Hari Kunj Society, Hari Nagar, New Delhi.
2. The complaint is that a mobile tower has been installed in a park situated at Hari Kunj Society, Ward 10, Hari Nagar, New Delhi in an illegal manner. On account of installation in the said park, children are not able to play and other people are also not able to use the park for various purposes, the park is meant for and despite repeated complaints, neither tower has been removed nor any action has been taken by concerned authorities.
3. It has been held time and again that green belt and parks cannot be used for commercial purposes. A similar matter was also considered by 1 Tribunal vide order dated 19.07.2022 in O.A No. 232/2022, Gautam Nagar Residents Association Regd. V. Commissioner, SDMC & Ors., and it was observed that no mobile tower can be allowed to be installed in a park. The question is not of radiation only but of misuse of open area such as park which is facility for the residents.
4. In our view a substantial question relating to environment due to implementation of Scheduled Enactments under NGT Act, 2010 has arisen but before taking any further action in the matter, we find it appropriate to obtain a factual report for which purpose we constitute a joint Committee comprising DPCC, District Magistrate, West Delhi and MCD who shall submit a report within two months by e-mail at judicial- [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
5. District Magistrate, West Delhi will be nodal agency for coordination and compliance.
6. List this matter for further consideration on 03.05.2023.
7. A copy of this order, alongwith copy of complaint, be forwarded to DPCC, District Magistrate, West Delhi and MCD by e-mail for compliance.
Sudhir Agarwal, JM Dr. A. Senthil Vel, EM Dr. Afroz Ahmad, EM February 22, 2023 Original Application No. 24/2023 AB 2