National Green Tribunal
Pradeep Kumar Pandey 5 Ors vs Mandakini Housing Society Through Its ... on 9 September, 2014
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONAL BENCH, BHOPAL
Original Application No. 48/2014 (CZ)
CORAM:
Hon'ble Mr. Justice Dalip Singh
(Judicial Member)
Hon'ble Mr. P.S.Rao
(Expert Member)
BETWEEN:
1. Pradeep Kumar Pandey,
S/o Late Shri Gaurishankar Pandey,
View Point - 14, Danish Kunj-2,
Kolar Road, Bhopal.
2. Mrs. Asha Deoliya,
W/o Shri Rajesh Deoliya,
H.No. 431, Mandakini,
Kolar Road, Bhopal.
3. Mrs. Nisha Dubey
W/o Shri S.M.Dubey,
H.No. 432, Mandakini,
Kolar Road, Bhopal.
4. Ashutosh Sharma
S/o Shri Ramkrishna Sharma,
H.No. 428, Mandakini,
Kolar Road, Bhopal.
5. Bhushan Sharma
S/o Shri V.K.Sharma
H.No. 415, Mandakini,
Kolar Road, Bhopal.
6. Kishor Kumar Sharma
S/o Shri H.N.Sharma
Officers Block - 3, H.No. 02,
Bhoj Vishwavidhyalay Parisar,
Kolar Road, Bhopal. .....Applicants
Versus
1. Mandakini Housing Society
Through President
89/21, 2nd Floor, Nav dur Sanchar Colony,
Gulmohar Colony, Kolar Road,
Bhopal - 462039.
2. Kolar Municipal Council
Through Chief Municipal Officer,
Kolar Road, Bhopal.
3. State of Madhya Pradesh
Through Collector, Bhopal.
4. Town and Country Planning,
Through Joint Director,
Government of Madhya Pradesh,
Paryavaran Parisar, E-5,
Arera Colony, Bhopal.
5. Engineer-in-Chief,
Water Resources Department,
Narmada Bhawan, Bhopal. .....Respondents
Applicant :
Shri Pradeep Kumar Pandey Counsel for Respondent no. 2:
Shri Ayush Dev Bajpai, Advocate with Shri Updesh Sharma, OIC Counsel for Respondent no. 3, 4 & 5:
Shri Sachin K.Verma, Advocate Dated : September 9th, 2014 Delivered in the open Court by Hon'ble Mr. Justice Dalip Singh, Judicial Member
1. After our order dated 08.08.2014, the Applicant has submitted point-wise reply by way of rejoinder to the response of Respondents No. 1, 2, 4 and 5.
While we appreciate the pains taken by the Applicant, the issue with regard to observing the requirement of 33 meter 'No Construction Zone' from the boundary of the Kaliasote river and development of green belt which is the mandatory requirement under the Master Plan 2005 as well as the prohibition of any work within the green belt, this Tribunal in Original Application No. 135/2014 in the matter of Dr. Subhash C.Pandey Vs. State of MP & Ors. on APPL. No. 48-2014 (CZ) (Judgment) Pradeep Kumar Pandey.docx Page 2 of 4 20.08.2014 has decided the case and elaborately given directions. The matter, as such stands covered by the directions given in the O.A.No. 135/2014.
2. It was submitted that so far the Respondents have not complied with the directions given in the aforesaid decision. In response to the above submission of the Applicant, Learned Counsel for the State Shri Sachin K.Verma submits that notice to the Respondent No. 1 pursuant to the directions given in the aforesaid judgment, has been issued and it is also admitted before us that at present no such alleged construction of multi-storeyed building by way of construction of flats, within the 33 meter green belt area, has been taken up by the Respondent No. 1 though it is submitted that Respondent No. 1 has already booked the flats and received payments from the prospective buyers. So far as the aforesaid aspect is concerned, that is something for the prospective buyers/purchasers to consider and be careful. Further, as we have already directed with regard to the provisions of maintenance of 33 meters 'No Construction Zone' and development of green belt, as was given out by the State and the Municipal Council in their affidavit filed in O.A. No. 135/2014, wherein it is admitted that certain constructions have come up and the authorities are issuing notices for taking action against such defaulting parties, the authorities to pursue the matter and comply with the directions issued in O.A. No. 135/2014. Therefore, the Respondent State of MP as well as the Municipal Council, Kolar are required to bear the aforesaid directions in mind. Learned Counsel Shri Ayush Bajpai appearing for the Kolar Municipal Council, has submitted that so far no permission has been granted to Respondent No.1 for carrying out any construction of multi-storeyed building/flats at the disputed site falling within 33 meter green belt area identified by the State.
3. We are of the view that in view of our comprehensive order already issued in case of Dr. Subhash C.Pandey Vs. State of MP & Ors (Supra), no APPL. No. 48-2014 (CZ) (Judgment) Pradeep Kumar Pandey.docx Page 3 of 4 further directions are required to be issued except that the Kolar Municipal Council, shall not give any permission to the Respondent No. 1 for construction contrary to the Master Plan 2005 which requires observance of the 33 meter green belt area along the course of the river which has to be identified by the State.
4. Before parting with this case, we would like to observe that in the public interest, the Kolar Municipal Council as well as the State Government particularly the Director, Town & Country Planning should issue a public notice informing the public at large regarding the directions issued for maintenance of the 'No Construction Zone' and observance of 33 meters green belt area and that such prospective buyers should be careful before they enter into any contract/agreement for purchase of the property along the river course. Shri Sachin K.Verma appearing for the State submits that they would issue necessary public notice in this behalf.
5. With the above directions, the Original Application No. 48 of 2014 stands disposed of. List the matter on 24th November, 2014 for compliance alongwith Original Application No. 135/2014.
(Mr. Justice Dalip Singh) Judicial Member (Mr. P.S. Rao) Expert Member Bhopal, September 9th, 2014 APPL. No. 48-2014 (CZ) (Judgment) Pradeep Kumar Pandey.docx Page 4 of 4