Gaur Atulyam Apartment Owners ... vs Greater Noida Industrial Development ... on 16 May, 2023
7. On the other hand Learned Counsel for the applicant-Mr. Vaibhav
Shahi, Advocate has submitted that the applicant is not pressing his
relief regarding environmental impact of radiation from mobile tower and
is merely challenging the validity of permission granted for erection of
mobile tower within public park/green belt as the public park/green belt
cannot be put to any other use. Order dated 09.12.2022 passed by
Hon'ble High Court of Delhi in CM(M) No. 1380 of 2022 titled as M/S
Indus Towers Ltd. Vs Gautam Nagar Residents Association & Ors. will
not be binding on the parties in the present case as order to be passed
by the Hon'ble High Court of Delhi will have no applicability in the State
of Uttar Pradesh and the questions involved in the present case have to
be adjudicated upon independently. Interim order relied upon by learned
Counsel for respondent no. 2 does not constitute any binding precedent
baring jurisdiction of this Tribunal for adjudication of dispute arising in
the State of Uttar Pradesh.