Disposed

Resident,S Welfare Association (Regd.) Sector 99 Noida Uttar Pradesh v. Uttar Pradesh Pollution Control Board (Noida)

NGT8 Apr 2025Original Application No. 143/2025

Case brief

AI extract

What is this about?

The National Green Tribunal ordered the formation of a three-member Joint Committee to inspect a site in Noida regarding allegations of illegal tree felling. The Committee was directed to submit a report within three months.

What did the court decide?

Direction to form a Joint Committee comprising CEO Noida, DFO, and DM within three months to inspect the site, verify allegations, and submit an action taken report.

Resident,S Welfare Association (Regd.) Sector 99 Noida… — Environment and Pollution | NGT (2025)

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Item No. 03

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 143/2025

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Residents Welfare Association & Ors.

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Applicant(s)

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Versus

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Uttar Pradesh Pollution Control Board & Ors. Respondent(s)

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Date of hearing: 08.04.2025

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Applicant: Mr. Kawalpreet Singh, Mr. Jai Subhash Thakur, Mr. Dinesh Kumar Maduriya, Mr. Dinesh Kumar Sharma & Mr. Manish Malik, Advocates

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ORDER

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In this original application, the Resident Welfare Association, Sector 99, Noida, Uttar Pradesh has made a complaint that there was a green belt in Sector 99, Noida in district of Gautam Budh Nagar, Uttar Pradesh. It is alleged that Respondent No. 7 & 8 along with their associates have illegally cut 110-115, at least 15 years old trees to carry out the commercial activity in that green belt. It is also the allegation of the applicant that though the complaints were made to different authorities, till now no action has been taken.

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Learned counsel for the applicant during the hearing has referred to the photographs filed as Annexure – I (Colly) page 45 onwards, but in these photographs though some construction activity is reflected but there is no prima facie sign of felling of trees. In respect of green belt also no definite document could be pointed out, but the submission of counsel for the applicant is that if the spot inspection is done, the correct position will be revealed. Counsel for the applicant has also pointed out the complaint dated 03.01.2025 made to the CEO, Noida and has submitted that no action on the said complaint has been taken.

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Having heard the learned counsel for the applicant and on the perusal of the record, we find that if an allegation of raising construction on the green belt is made and it is alleged that in that process the trees have been cut, then the factual position at the ground level is required to be ascertained and if the allegation is correct, then appropriate punitive and remedial action is required to be taken.

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Hence, at this stage we form a Joint Committee comprising the (i) representative of the the CEO, Noida, (ii) DFO, Gautam Budh Nagar and (iii) District Magistrate, Gautam Budh Nagar. District Magistrate, Gautam Budh Nagar will act as the coordinating agency.

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The committee will visit the site, ascertain the truthfulness of the allegations made by the applicant and if the allegations are found correct, the committee will ensure appropriate punitive and remedial measures.

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Let this exercise be completed by the committee within a period of three months from today and an action taken report be submitted before the Registrar General of the Tribunal by e-mail at [email protected] immediately thereafter. If it is found necessary the matter will be listed before the Tribunal for consideration.

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OA is accordingly disposed of.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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April 8, 2025 Original Application No. 143/2025 AS..

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Resident,S Welfare Association (Regd.) Sector 99 Noida Uttar Pradesh v. Uttar Pradesh Pollution Control Board (Noida)

Case brief

What is this about?

What did the court decide?

Resident,S Welfare Association (Regd.) Sector 99 Noida Uttar Pradesh v. Uttar Pradesh Pollution Control Board (Noida)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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