National Green Tribunal
Subhash Khandelwal vs North Delhi Municipal Corporation on 16 May, 2023
Item No.7 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No.268/2023
Subhash Khandelwal & Anr. ...Applicants
Versus
North Delhi Municipal Corporation ...Respondents
Date of hearing: 16.05.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: Applicant in person.
Original Application under Sections 14, 15 read with Section 18 of the
National Green Tribunal Act, 2010.
ORDER
1. The applicants have filed the present application under the provisions of the National Green Tribunal Act 2010, challenging the validity of the permission granted by the Municipal Corporation of Delhi to Ms. Indus Tower Pvt. Ltd. for installation of a mobile signal tower in a park (green area) at Seth Ghanshyam Dass Chowk, Ramjas Road, Karol Bagh, New Delhi.
2. In compliance of order dated 06.04.2023 the case has been listed with O.A No. 809/2022 titled as Jan Seva Welfare Society Vs. Govt. of NCT of Delhi & Ors.
3. The applicant has submitted that the applicant is merely challenging validity of permission for installation of mobile tower in O. A. No. 268/2023 Subhash Khandelwal & Anr. Vs. North Delhi Municipal Corporation -2- public park and he is no longer seeking any relief on the ground of the same causing hazardous electromagnetic radiation. The present application has not been filed on the basis of/ by relying upon order dated 19.07.2022 passed in O.A. 232/2022 and order dated 20.09.2022 passed in Review Application No.27/2022 by this Tribunal operation of which orders was stayed by the Hon'ble High Court of Delhi vide order dated 09.12.2022 passed in CM(M) No.1380 of 2022 and order passed by Hon'ble High Court of Delhi is not applicable to the present case.
4. The question as to applicability of the above said order and maintainability of the application can be decided after hearing the parties.
5. Prima facie, the averments made in the application raise question regarding permissibility of installation of mobile tower in public park relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010.
6. In the present case permission for installation of mobile tower in the park in question was granted to M/s Indus Tower Pvt. Ltd. and in view of the challenge to the validity thereof, presence of M/s Indus Tower Pvt. Ltd. is necessary for just and proper adjudication of the questions involved in the case and accordingly M/s Indus Tower Pvt. Ltd. is ordered to be impleaded as respondent no. 2. The Registry is directed to make appropriate amendment in the Memo of Parties.
7. Notices be issued to the respondents requiring them to file their reply within one month by email at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
O. A. No. 268/2023 Subhash Khandelwal & Anr. Vs. North Delhi Municipal Corporation -3-
8. List this matter for further consideration on 13.07.2023.
9. In view of the attendant facts and circumstance the present case is ordered to be separated from the O.A. 809/2022 titled as Jan Seva Welfare Society Vs. Govt. of NCT of Delhi & Ors. on 16.05.2023.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM May 16, 2023 AG