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National Green Tribunal

Uday Bhan vs State Of Uttar Pradesh (Through Its ... on 21 October, 2024

Item No.07                                                             Court No. 1
               BEFORE THE NATIONAL GREEN TRIBUNAL
                   PRINCIPAL BENCH, NEW DELHI

                      Original Application No.1246/2024



Udhay Bhan                                                            Applicant

                                   Versus

State of UP & Ors.                                              Respondent(s)


Date of hearing: 21.10.2024

CORAM:        HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
              HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
              HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER


Applicant:    Mr. Mr. N.K. Goswami, Adv. for
Respondent:   Mr. Bhanwar Pal Singh Jadon, Adv. for R - 1, 2 & 4 to 6 (Through VC)


                                      ORDER

1. In this original application, the applicant has made an allegation in respect of the illegal felling of 50 trees in Tikari Garden, Darah Ghat, Ramanreti, Vrindavan. The plea of the applicant is that the concerned area falls within the ecologically fragile Taj Trapezium Zone (TTZ). The trees have been cut in violation of the Indian Forest Act, 1927 (Amended 2000), Forest Conversation Act, 1980, Taj Trapezium Zone (TTZ) Guidelines, Order of Hon'ble Supreme Court in M.C. Mehta vs Union of India (W.P. No. 13381/1984 restricting activities affecting environmental balance, including tree cutting within the TTZ and violation of Uttar Pradesh Tree Protection Act, 1976, which mandates strict protection of trees, especially in ecologically sensitive areas such as Vrindavan.

2. Learned Counsel for the applicant during the course of the hearing has referred to the media report filed from page 26 onwards in support of 1 his submission that 50 trees have been illegally cut in Tikari Estate of Darah Ghat. He has also referred to the FIR dated 08.10.2024 on page 21 relating to the illegal felling of trees in the area concerned.

3. Issue notice to the respondents filing their response/reply by way of affidavit before the Tribunal at least one week before the next date of hearing through e-filing. If any respondent directly files the reply without routing it through his advocate then the said respondent will remain virtually present to assist the Tribunal.

4. Mr. Bhanwar Pal Singh Jadon, Adv. accepts notice on behalf of Respondent No. 1, 2, 4, 5 & 6 and seeks four weeks time to file response/reply by way of affidavit.

5. The applicant is directed to serve the other respondents and file an affidavit of service at least one week before the next date of hearing.

6. List on 10.02.2025 Prakash Shrivastava, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM October 21, 2024 O.A. No.1246/2024 HB..

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