National Green Tribunal
Apartment Owners Association Gaur ... vs Greater Noida Industrial Development ... on 16 August, 2022
Item No.05 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH
(By Video Conferencing)
Original Application No.557/2022
Gaur Atulyam Apartment
Owners Association ...Applicants
Versus
Greater Noida Industrial Development
Authority & Anr. ...Respondents
Date of hearing: 16.08.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Vaibhav Shavi, Mr. Shubham Mishra and Rihav
Ranjan, Advocates.
Respondents: Ms. Kanika Agnihotri alongwith Ms. Snehal Kalla for
respondent no. 2-Indus Tower Ltd.
Application under Section 14 of the National Green Tribunal Act, 2010.
ORDER
1. The applicant- Gaur Atulyam Apartment Owners Association has filed present application under Section 14 of the National Green Tribunal Act, 2010 for quashing of allotment letter dated 05.07.2022 issued by Respondent no. 1-Greater Noida Industrial Development Authority (GNIDA) in favour of Respondent no. 2- M/s Indus Tower Ltd. allowing construction of mobile towers in green belts including green belt in front of Gaur Atulyam Society.
2. Vide order dated 05.08.2022, notice was ordered to be issued to the respondents and the applicant was allowed to serve notice on the respondents by taking the same 'dasti'. The applicant has filed the affidavit of service stating that notice has been duly served on the respondents. None has appeared for respondent no. 1 who is proceeded against ex-parte.
O. A. No. 557/2022 Gaur Atulyam Apartment Owners Association Vs. Greater Noida Industrial Development Authority & Anr.
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3. Ms. Kanika Agnihotri, learned Counsel appearing on behalf of respondent no. 2 seeks time to file reply/response to the allegations made in the application. Request is allowed. Reply/response to the allegations made in the application be filed within 10 days at judicial- [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
4. List for further consideration on 29.08.2022.
5. In the facts and circumstances of this case, presence of the Chief Executive Officer, Greater Noida Industrial Development Authority before this Tribunal on the date of hearing fixed through video conferencing or physically is also considered to be essential for presenting relevant evidence and assisting this Tribunal in effective and proper adjudication of questions relating to environment arising in this case out of enactments specified in the National Green Tribunal Act, 2010 and he is accordingly directed to remain present before this Tribunal as witness with all relevant material on the date of hearing fixed.
6. A copy of this order be forwarded to the Chief Executive Officer, Greater Noida Industrial Development Authority by E-mail for compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 16, 2022 AG