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[Cites 1, Cited by 3]

National Green Tribunal

Shailesh Singh vs The Suryaa Hotel on 23 August, 2018

Author: Adarsh Kumar Goel

Bench: Adarsh Kumar Goel

                       BEFORE THE NATIONAL GREEN TRIBUNAL,
                           PRINCIPAL BENCH, NEW DELHI

                          Original Application No. 407/2015
IN THE MATTER OF:

               Shailesh Singh Vs.The Suryaa Hotel, New Delhi & Ors.


CORAM :       HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
              HON'BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
              HON'BLE DR. NAGIN NANDA, EXPERT MEMBER


Present:      Applicant /Appellant : Mrs. Preeti Singh and Mr. Sunklan Porwal, Advs.
              Respondent No. 1. : Mr. I K Kapila, Adv

Respondent No. 2 : Mr. Pawan Upadhaya, Mr. Abhishek Awasthi ;and Mr. Digvijay Pathak, Advs.

Respondent No. 3 : Mr. Ninad Laud, Mr. Anjuman Tripathy, Mr. Karan Mathur, Advs., Respondent No. 4 : Mr. B.V. Niren, , K. Mudgal, Advs.

Mr. Raj Kumar, Adv and Nishat Ahmad, Assistant, CPCB Respondent No. 9 : Mr. Tarunvir Singh Khehar, Ms. Guneet Khehar and Mr. Sandeep Mishra, Advs. for GNCTD DPCC : Mr. Narender Pal Singh and Ms. Aditi Singh, Advs. and Mr. Dinesh Jindal, LO NDMC and DJB : Ms. Sakshi Popli, Adv. MoEF : Dr. Abhishek Atrey, Advs.

           Date  and                         Orders of the Tribunal
           Remarks
            Item No.
               10             Learned Counsel for the parties state that the issue

August 23, raised in this application is covered by the order passed by 2018 dv this Tribunal on 14.08.2018 in Original Application No. 175/2015 titled 'Shailesh Singh vs. Hotel Jaypee Vasant, New Delhi & Ors.'.

Accordingly, this application stands disposed of on the same terms.

In view of above order, we direct that the respondents may approach the competent authority for permission to extract ground water after specifying the quantity required within one month from today. They may also inform the CGWA the time since when water is being extracted so that the CGWA can determine the quantity of water extracted and take action in case the extraction of water is beyond the permissible limit. 1 We also direct the CGWA to determine the amount of compensation payable for excess or illegal drawal of Item No. 10 water.

August 23, 2018 A report of compliance be submitted on or before dv 22.10.2018 by e-mail at [email protected].

The matter may thereafter be listed along-with the proceedings in Original Application No. 175/2015 titled 'Shailesh Singh vs. Hotel Jaypee Vasant, New Delhi & Ors.'.

A prayer has also been made on behalf of the applicant that action should be taken against the authorities for failure of their duties in the past. This may be raised at the time when the compliance report is considered.

The application is disposed of accordingly.

.........................................., CP (Adarsh Kumar Goel) ..........................................,JM (S.P. Wangdi) ..........................................,EM (Dr. Nagin Nanda) 23.08.2018 2