Disposed

Ia No. 618/2023 in Misc Application in disposed of cases No. 69/2022 of Om Prakash v. State of Haryana

NGT9 Aug 2024IA No. 618/2023 in Misc Application in disposed of cases No. 69/2022

Case brief

AI extract

What is this about?

Application regarding maintenance of a public park in Faridabad. Court directed Municipal Corporation to continue maintaining the park appropriately to prevent encroachment. Original and execution applications disposed accordingly.

What did the court decide?

Direction to Municipal Corporation, Faridabad to continue maintenance of the park in an appropriate manner to prevent change in its nature.

Ia No. 618/2023 in Misc Application in disposed of cases… — Environment and Pollution | NGT (2024)

¶1

Item Nos. 05&06

¶2

Court No. 2

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

¶4

Misc Application in Disposed of Cases No. 69/2022 In Original Application No. 331/2022 ( IA NO 618/2023 )

¶5

Om Prakash Applicant Versus State of Haryana Respondent

¶6

WITH

¶7

Execution Application No. 26/2022 In Original Application No. 331/2022

¶8

Om Prakash Applicant Versus State of Haryana Respondent

¶9

Date of hearing: 09.08.2024

¶10

CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

¶11

Applicant: Mr. S. A. Zaidi, Advocate for the Applicant. Respondents: Mr. Abhinav Gupta and Mr. Neelaksh Advocates for Applicant in IA 618 of 2023 Respondents: Mr. Rahul Khurana, Advocate for Respondents No. 1 to 5 with Mr. Sushil Kumar, Xen, Mr. Kartar Dalal, SDO and Mr. Diwakar, JE, MCF.

¶12

ORDER

¶13

I.A No. 618/2023 : This I.A was already allowed vide order dated

¶14

21.12.2023 but the Registry has treated it as pending.

¶15

Let appropriate step be taken by Registry since I.A is not pending.

¶16

M.A No. 69/2022 : Sh. S. A. Zaidi, Advocate for the Applicant stated

¶17

that issue relates to maintenance of public park known as “Tubewell No. 2

¶18

¶19

Park ” situated at Hira Mandir Road, Near Neemka Ped Chowk, Ahirwala, baselwa, Old Faridabad, Haryana and the same was encroached upon and illegal constructions were raised and therefore, the same should have been removed and trees which are sought to be illegally cut should be protected.

¶20

Response has been filed by all the respondents and stand taken is that construction whatever has been raised is on a land outside the park area and the park is being maintained by Municipal Corporation, Faridabad in regular manner and there is no encroachment. L

¶21

Learned counsel for applicant without disputing the above statement stated that Municipal Corporation be required to continue to maintain the park in appropriate manner so that its nature is not changed.

¶22

In view thereof, this Original Application is disposed of with a direction that Municipal Corporation, Faridabad would continue to maintain park in question, in an appropriate manner, by taking all remedial steps, so that its nature may not change in any manner.

¶23

M.A No. 69/2022 is accordingly disposed of.

¶24

Execution Application No. 26/2022 In Original Application No.

¶25

331/2022: In view of the order passed in M.A No. 69/2022, E.A No. 26/2022 also stands disposed of.

¶26

Sudhir Agarwal, JM

¶27

Dr. Afroz Ahmad, EM

¶28

August 09, 2024 Misc Application in Disposed of Cases No. 69/2022 In Original Application No. 331/2022 (IA NO 618/2023) & connected matter AB

¶29

Ia No. 618/2023 in Misc Application in disposed of cases No. 69/2022 of Om Prakash v. State of Haryana

Case brief

What is this about?

What did the court decide?

Ia No. 618/2023 in Misc Application in disposed of cases No. 69/2022 of Om Prakash v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Jayant Kumar vs Ministry of Environment Forest and Climate Change

Shri Rajender Gangsari vs

E.V. Sampath vs Tamil Nadu Pollution Control Board Rep by Its Member Secretary

E.V. Sampath vs Tamil Nadu Pollution Control Board Rep by Its Member Secretary

Soban Singh Rana vs Roshan Lal Uniyal

Soban Singh Rana vs Roshan Lal Uniyal

Sohan Vir Singh vs Virender

Gavhan Koliwada Matsyavyavasayik Sahakari Sanstha Maryadit Gavhan Koliwada through Its Chairman Shri. Hitesh Harichandra Koli vs City and Industrial Development Corporation through Its Chairperson

Vipin Nayyar vs Union of India

Jayant Kumar vs Ministry of Environment Forest and Climate Change

Jayant Kumar vs Ministry of Environment Forest and Climate Change

M/S Rahul Paharia Mine vs Union of India

M/S Rajal Paharia vs Union of India

M/S Rajal Paharia vs Union of India