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[Cites 2, Cited by 3]

National Green Tribunal

Shailesh Kumar vs Greater Noida Industrial Development ... on 11 January, 2023

Item No.7                                                     (Court No. 2)


               BEFORE THE NATIONAL GREEN TRIBUNAL
                   PRINCIPAL BENCH, NEW DELHI

             (Through Physical Hearing with Hybrid VC Option)

                    Original Application No. 586/2022
                            (I.A. No. 06/2023)


Shailesh Kumar                                                    Applicant

                                  Versus

Greater Noida Industrial Development Authority & Anr.          Respondent


Date of hearing:   11.01.2023


CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
       HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.

Applicant:         None.

Respondents:       Mr. Ravindra Kumar, Sr. Advocate, Mr. Binay Kumar
                   Das, Ms. Priyanka Das and Ms. Neha Das, Advocates
                   for respondent no. 1-GNIDA.
                   Mr. Krishnendu Datta, Sr. Advocate with Mr.
                   Lakshmeesh S. Kamath and Ms. Samriti Ahuja,
                   Advocates for respondent no. 2- M/s Airtel.
                    Ms. Kanika Agnihotri, Ms. Snehal Kaila, Advocates
                   for respondent no. 3- Indus Tower Ltd.
                    Mr. Gi Gi. C. George, Advocate for Respondent no. 4-
                   Department of Telecommunication.

Application is registered based on a Letter Petition received by Email.

                                 ORDER

1. The grievance in the present application is that M/s Airtel is illegally installing mobile tower on designated green belt adjacent to Himalaya Pride, Greater Noida which will expose the residents of the locality to radiation from the mobile tower.

2. Notices of the application were served on the Respondents. Reply and additional reply were filed by respondent no. 2 vide emails dated 22.11.2022 and 14.11.2022.

3. Vide order dated 15.12.2022, respondents no. 1, 3 and 4 were granted time to file their reply/response. No reply/response has been filed.

4. I.A No. 06/2023 has been filed by respondent no. 3 seeking permission to place on record copy of order dated 09.12.2022 passed by Hon'ble High Court of Delhi in CM (M) No. 1380 of 2022 titled as M/s Indus Towers Ltd. Vs. Gautam Nagar Residents Association Reg. & Ors. with the prayer that the present proceedings be kept in abeyance till the final outcome of above-said proceedings.

5. Notice of the Interim application be issued to the applicant for filing of reply/response on their behalf.

6. Reply/response on behalf of applicant be filed within two months by email at [email protected] preferably in the form of searchable PDF/OCR supported PDF

7. List the matter for further consideration on 22.03.2023 with O.A No. 557/2022 titled as Gaur Atulyam Apartments Owners Association Vs. Greater Noida Industrial Development Authority and another.

Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM January 11, 2023 AG