National Green Tribunal
Residents Welfare Society Sector 8 ... vs Chief Secretary State Of Haryana on 11 August, 2023
Item No. 03 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 471/2023
Residents Welfare Society (Regd.),
North West Zone, Sector-8, Faridabad Applicant
Versus
State of Haryana & Ors. Respondent(s)
Date of hearing: 11.08.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Gaurav Jain, Adv. for Applicant
ORDER
1. The grievance of the applicant in installation of mobile towers in public parks in contravention of provision of Section 4 of Punjab Road and Controlled Areas Restriction of Unregulated Development Rules, 1965 and in violation of Section 42(8) and 43 (p) of Municipal Corporation Act, 1994 adversely affecting the environment. The applicant has cited the directions issued by this Tribunal in O.A. No. 232/2022, Gautam Nagar Residents Association Regd. Vs. Commissioner, SDMC & Ors. vide order dated 19.07.2022, in which it has been directed that DPCC/Municipal Corporation, Delhi have to ensure that the park is not used for any non-conforming purposes.
2. A substantial issue of environment has been raised.
3. Issue notice to the respondent nos. 4, 7 and 8, returnable within four weeks. Respondents are directed to submit their reply within six 1 weeks through E-filing portal, preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
4. Applicant is directed to take necessary steps for service to the respondent nos. 4,7 and 8 by both ways and also on available email.
5. We deem it just and proper to call a report on the matter in issue in present Original Application, from a Joint Committee consisting of:-
i. Commissioner Municipal Corporation, NIT, B.K. Chowk, Faridabad ii. One representative from State Pollution Control Board, Haryana
6. We further direct the Committee to ensure that till further orders, no mobile towers should be installed in the park area in violation of Rules.
7. The Committee is directed to visit the place and submit the factual and action taken report within six weeks. The State PCB will be the nodal agency for coordination and compliance.
8. Applicant is directed to supply the copy of the application and relevant documents to the Committee and Respondent(s) within a week and after compliance of service, the applicant has to submit an affidavit that the notice and copy of the application have been served upon the Committee and respondent(s).
9. The report in the matter be filed by the Committee by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
10. List for further consideration on 01.12.2023. 2
11. A copy of this order be forwarded to Commissioner Municipal Corporation, NIT, B.K. Chowk, Faridabad and SPCB by e-mail for compliance.
Sheo Kumar Singh, CP Dr. A. Senthil Vel, EM August 11, 2023 Original Application No. 471/2023 SN 3