Disposed

Minakshi Arora v. State of Uttarakhand

NGT12 Jul 2023Original Application No. 920/2022

Case brief

AI extract

What is this about?

The NGT disposed of an application regarding illegal constructions in flood plains. The court directed the District Collector to remove remaining debris within 30 days and investigate further constructions on the plot for environmental violations.

What did the court decide?

Removed debris within 30 days; visit site to verify other constructions and take legal action if found.

Minakshi Arora vs State of Uttarakhand — NGT (2023) — LawSathi Research

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Court No. 1

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Item No. 08

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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(BY HYBRID MODE)

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Original Application No. 920/2022

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Minakshi Arora (Deceased) through legal heir Kesar Singh

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Applicant

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Versus

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State of Uttarakhand & Ors.

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Respondent(s)

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Date of hearing: 12.07.2023

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Applicant: Mr. Rahul Choudhary & Ms. Itisha Awasthi, Advs.

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Respondents: Mr. Rahul Verma, AAG for the State of Uttarakhand

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Mr. Mukesh Verma, Adv. for UKPCB

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Mr. Vinay Garg & Ms. Neetu Rawat, Advs. for MDDA (R - 8)

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ORDER

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Grievance of the applicant is illegal constructions at Khasra No. 171 at Village Dhanaula lies at confluence of Song and Baldi Rivers and further that construction is being raised in flood plains of the said rivers.

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The matter was taken up by this Tribunal on 05.01.2023 and District Magistrate, Dehradun was directed to visit the site and submit a factual and action taken report. In compliance thereof, a report dated 03.07.2023 has been filed with the facts that constructions have been removed and now there is no construction or encroachment at the site in question.

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Learned Counsel appearing for the applicant has submitted that debris are still lying at there. The District Administration/Collector is directed to remove the debris within the timeframe not more than 30 days.

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Learned Counsel appearing for the applicant has further raised grievance that there are other constructions on the same plot. The District Collector is further directed to visit the place and in case, it is found that there are illegal constructions in violation of environmental rules, the District Collector is authorized and directed to take legal action according to law.

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With the above observations, the application is disposed of.

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A copy of this order be forwarded to District Collector by e-mail for compliance.

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Sheo Kumar Singh, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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July 12, 2023 Original Application No. 920/2022 DV

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Minakshi Arora v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Minakshi Arora v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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