National Green Tribunal
Jan Seva Welfare Society vs Government Of National Capital ... on 14 November, 2022
Item No.02 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH
(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. ...Respondent
Date of hearing: 14.11.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Rahul Malik and Mr. Yogesh Goel, Advocates.
APPLICATION UNDER SECTION 18 READ WITH SECTION 14,15 & 17 OF
THE NATIONAL GREEN TRIBUNAL ACT, 2010)
ORDER
1. The applicant Jan Seva Welfare Society, a society registered under the Societies Registration Act, 1860, has filed the present application under Section 18 read with Sections 14,15 and 17 of the National Green Tribunal Act, 2010 complaining that respondents no. 6 and 7 in connivance with respondent no. 3 have, in violation of the rules and regulations issued by the Department of Telecommunication and order dated 19.07.2022 passed by this Tribunal in O.A. No. 232/2022 titled as "Gautam Nagar Residents Association Regd. Vs. Commissioner, SDMC & Ors.", erected telecom towers in DDA parks in the following locations:-
i. District Park, Opp. Delhi Jal Board, Pitampura, New Delhi ii. DDA Market, LU Market, Pitampura, Near EB Box No. 508, North Delhi O. A. No. 809/2022 Jan Seva Welfare Soceity Vs. Govt. of NCT of Delhi & Ors. -2-
iii. District Park, Saraswati Vihar, Pitampura, New Delhi iv. District Park, CHBS, Pitampura, Near Brij Vihar, New Delhi v. District Park, Sanik Vihar, Pitampura, New Delhi vi. District Park, Harsh Vihar, Pitampura, New Delhi vii. NHP at Rajdhani Enclave, Pitampura, New Delhi viii. NHP between Chander Lok & Lok Vihar, Pitampura, New Delhi ix. NHP, P&T Colony, Sandesh Vihar, Pitampura, New Delhi
2. The applicant has accordingly prayed for issuance of directions for removal of the telecom towers and imposition of environmental compensation for the damage caused.
3. We have heard the Learned Counsel for the applicant and gone through the application and documents attached with the same.
4. Prima facie the averments made in the application raise question relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010.
5. Notice along-with copies of the application and documents attached with the same be issued to the respondent Nos. 1 to 7 requiring them to file their reply/response to the same by way of email at judicial- [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
6. List for further consideration on 21.12.2022.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM November 14, 2022