Dismissed

Misc Application in disposed of cases No. 1/2024 in Original Application No. 120/2023 of Rajendra Tiwari Son of Shri Shambhu Dayal Tiwari v. Union of India through the Secretary Ministry of Environment Forest and Climate Change Government of India

NGT5 Feb 2024Misc Application in disposed of cases No. 1/2024 in Original Application No. 120/2023

Case brief

AI extract

What is this about?

Application to review a Green Tribunal order regarding illegal dairy in reserve forest. Tribunal dismissed application due to lack of material from Forest and Electricity Dept reports.

What the court decided

AI extract

Misc Application in disposed of cases No. 1/2024 in… — Environment and Pollution | NGT (2024)

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Item No. 02

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Miscellaneous Application No.01/2024(CZ) In Original Application No. 120/2023(CZ)

Rajendra Tiwari

Applicant(s)

Vs.

Union of India & Ors. Respondent(s)

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Date of Hearing: 05.02.2024

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

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For Applicant (s): Mr. Vaibhav Pancholy, Adv.

For Respondent(s) :

None

ORDER

This is an application to review the order dated 22.12.2023 passed in O.A. No. 120/2023(CZ) and to restore the original application on its number and to hear afresh.

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Issue raised in the original application no. 120/2023(CZ) was encroachment on the reserve forest area, operation of illegal dairy in Khasra Nos. 5621/9105 and 5620 - 5621 at village Amer which is recorded as reserve forest of Vane Khand Amer 54 and also part of Nahargarh Wildlife Sanctuary. Khasra No. 65 is also in village Nahargarh and revenue land forming part of Nahargarh Wildlife Sanctuary. The operation of the dairy in the area is in violation of environmental rules, causing pollution and there are violations of Solid Waste Management Rules, 2016.

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The Tribunal called a report from the officials concerned and the Forest Department reported as follows :-

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“On receipt of complaint of ACF, Nahargarh with respect to operation of illegal diary, immediately issued notice to respondent no. 13 on 23.05.2023. The photo copy of the notice dated 23.05.2023 is annexed. The respondent no. 13 on 25.05.2023 submitted an affidavit before the office of answering respondent stating that he has kept only one, cow and one buffalo to meet the needs of family and is not engaged in operation of dairy. The photo copy of the affidavit submitted by respondent no. 13 is annexed.

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Thereafter, the answering respondent issued notice dated 23.11.2023 to the respondent no.13 with the direction to remove illegal dairy by 26.11.2023. The officials of the answering respondent inspected the disputed premises of respondent no. 13 and found 05 animals, which were seized by the officials of the Nagar Nigam and sent to Hingoniya Gaushala Rehabilitation centre. The photo copy of the notice dated 23.11.2023 and photographs showing seizure of animals are annexed. Further, the answering respondent vide letter dated 29.11.2023 also directed the Superintendent Engineer, Jaipur City Circle Jaipur Discom, Near Ram Mandir, Power House (JVVNL) Jaipur and Additional Chief Engineer Region II, (PHED) Gandhi Nagar Jaipur for disconnection of electricity & water supply.”

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The basis of the filling of this application is eclectic connection, which has been annexed as annexure MA/2, the electricity bill which is approximately zero nothing was found to be due or to be paid by the person concerned. The electric expenditure is shown to be very minimum which deems to be not used at all or it is simply running connection this does not discloses that the meter or electricity is being used for commercial purposes.

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Learned counsel for the applicant has submitted that the matter should be reopened and heard again but in view of the report submitted by the Assistant Conservator of Forest, Nahargarh and report submitted by the

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electric department in the form of electric bill it shows zero and nothing paid, nothing survives.

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So far as, the dispute with regard to right title and interest or determination of right and ownership are concerned the applicant or the person aggrieved may approach to the appropriate forum. At present there is no material on record to review or recall the order. The Miscellaneous

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Application No. 01/2024 stand disposed of accordingly.

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Sheo Kumar Singh, JM

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Dr. Afroz Ahmad, EM

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05^th February, 2024 M.A No. 01/2024(CZ) PN

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Misc Application in disposed of cases No. 1/2024 in Original Application No. 120/2023 of Rajendra Tiwari Son of Shri Shambhu Dayal Tiwari v. Union of India through the Secretary Ministry of Environment Forest and Climate Change Government of India

Case brief

What is this about?

What the court decided

Misc Application in disposed of cases No. 1/2024 in Original Application No. 120/2023 of Rajendra Tiwari Son of Shri Shambhu Dayal Tiwari v. Union of India through the Secretary Ministry of Environment Forest and Climate Change Government of India

Case brief

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What the court decided

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