Dismissed

Misc Application in disposed of cases No. 27/2026 in Original Application No. 16/2014 of Shri Hazi Arif v. State of Uttar Pradesh

NGT8 Apr 2026Misc Application in disposed of cases No. 27/2026 in Original Application No. 16/2014

Case brief

AI extract

What is this about?

The National Green Tribunal dismissed an Maharashtra Application seeking permission to lay a road on a water body. The Court held the application misconceived because previous orders required demolition of illegal structures to prevent pollution and no provision allowed the requested permission.

What did the court decide?

The Maharashtra Application for permission to lay a road was dismissed as misconceived.

Misc Application in disposed of cases No… — Constitutional and Fundamental Rights | NGT (2026)

¶1

Item No. 3 Court No. 1

¶2

BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

¶3

M.A. No. 27/2026

¶4

¶5

Original Application No. 16/2014

¶6

Shri Hazi Arif Applicant

¶7

Versus

¶8

State of Uttar Pradesh & Ors. Respondent(s)

¶9

Date of hearing: 08.04.2026

¶10

CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

¶11

Applicant: Mr. Gigi. C. George, Adv. for Applicant in M.A No. 27/2026

¶12

ORDER

¶13

In this Original Application, the applicant has made following prayers:

¶14

“a. Grant permission to the Applicant for laying of a 1.3 km long and 30 ft. wide road along the bank of Bhuriya Nala at Tilpat-I, in conformity with the environmental safeguards and technical norms prescribed by the Irrigation Department and consistent with the directions of this Hon'ble Tribunal contained in the order dated 10.02.2023;

¶15

b. Direct the Irrigation Department to process and issue the requisite technical clearance for the said proposal within a reasonable time frame, ensuring compliance with all environmental safeguards;

¶16

c. Pass such other and further orders as may be deemed just, proper, and necessary in the interest of justice, sustainable development, and national welfare.”

¶17

The counsel for the applicant has referred to the order dated 13.05.2022 passed in OA No. 16/2014 whereby the Tribunal had considered the issue of legality of construction in the bed and within the buffer zone (12 meters from the edge of the drain) Sahibabad Drain No. 1

¶18

¶19

in Ghaziabad and prevention of pollution thereof and had issued certain directions. He has also referred to the order dated 10.02.2023 passed in OA No. 16/2014 (MA No. 63/2022) after the receipt of the report, whereby the Tribunal had noted that in the absence of any other option the direction of the Tribunal dated 13.05.2022 in OA No. 16/2014 has to be carried out for removing the illegal construction falling in the buffer zone (12 meters from the edge of the drain) and preventing pollution of the drain.

¶20

Those orders have attained finality and even otherwise the counsel for the applicant could not point out any such provision of the National Green Tribunal Act, 2010 under which the Tribunal can grant the permission which has been sought by the applicant.

¶21

Hence, we find that the M.A. is misconceived and is accordingly dismissed.

¶22

Prakash Shrivastava, CP

¶23

Dr. Afroz Ahmad, EM

¶24

April 08, 2026 M.A. No. 27/2026 In Original Application No. 16/2014 P

¶25

Misc Application in disposed of cases No. 27/2026 in Original Application No. 16/2014 of Shri Hazi Arif v. State of Uttar Pradesh

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 27/2026 in Original Application No. 16/2014 of Shri Hazi Arif v. State of Uttar Pradesh

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

Similar cases

Misc Application in disposed of cases No. 25/2026 in Original Application No. 70/2026 of Ashish Singh vs

Misc Application in disposed of cases No. 1/2026 in Original Application No. 19/2026 of Anantha Seetharam Reddy vs State of Telangana Rep. by Its Principal Secretary. Irrigation and Cad Department

Misc Application in disposed of cases No. 24/2026 in Execution Application No. 10/2023 of Shailesh Singh vs Central Pollution Control Board

Misc Application in disposed of cases No. 6/2022 in Original Application No. 239/2021 of Navroz Kersasp Mody S/O Kersasp Mody Aged About 76 Aurodam Auroville Vanur Taluk Viluppuram - 605101 vs the Auroville Foundation Rep by Its Secretary. Auroville Foundation Bhavan Auroville Tamil Nadu

Misc Application in disposed of cases No. 24/2025 in Original Application No. 219/2024 of Niraj Kumar vs Dhiraj Kumar

Misc Application in disposed of cases No. 16/2026 in Original Application No. 70/2016 of Tribunal on Its Own Motion (Regarding Dumping of Garbages at Rajiv Nagar North 24-PARGANAS vs the Principal Secretary Department of Environment Govt. of West Bengal

Misc Application in disposed of cases No. 29/2026 in Original Application No. 440/2023 of Naveen Kumar vs State of Uttar Pradesh

Misc Application in disposed of cases No. 119/2025 in Original Application No. 251/2025 of Sandeep Choudhary vs State of NCT of Delhi

Harsh Chugh vs State of Haryana

News Item Titled "Increasing Pollution Badly Affecting Water Bodies in Bhadarwah" Appearing in Greater Kashmir Dated 15.01.2024 vs

Farman Qurashi vs Ministry of Environment Forest and Climate Change

Jaishree Bansal vs Uttar Pradesh Pollution Control Board

Jaishree Bansal vs Uttar Pradesh Pollution Control Board

Misc Application in disposed of cases No. 72/2025 in Original Application No. 497/2022 of Sunny Yadav vs