National Green Tribunal: In an application related to unauthorised encroachments on public parks in Ghaziabad, a Division bench comprising of Arun Kumar Tyagi, J., and Dr. Afroz Ahmad (Expert Member), after considering the seriousness of environmental issues, appointed Mr. Rahul Khurana as amicus curiae to assist the NGT in fair adjudication and directed the Uttar Pradesh Pollution Control Board to pay an honorarium and cover expenses.
In the instant matter, the grievance pertains to unauthorised encroachments on public parks, namely Chitragupta Park, Ambedkar Park, Krishna Park, and Podium Park in Vaishali area, Ghaziabad. The allegations include improper maintenance, conversion into dumping grounds, and encroachments. The NGT, vide order dated 14-03-2023, constituted a Joint Committee, which submitted a report dated 22-05-2023 detailing violations and encroachments around the parks. The NGT, vide order dated 06-10-2023, issued directions to various authorities, including the Ghaziabad Development Authority and Ghaziabad Municipal Corporation, to take remedial measures within specified time frames. The NGT, vide order dated 18-01-2024, directed the Ghaziabad Municipal Corporation and Ghaziabad Development Authority to submit further Action Taken Reports within six weeks.
The NGT noted that both entities complied with the directed and filed report, with Ghaziabad Municipal Corporation on 18-03-2024 and Ghaziabad Development Authority on 14-03-2024. The NGT noted that the counsel for respondents sought additional time to file further action taken reports. The NGT directed the submission of comprehensive further Action Taken Reports, including details on encroachment removal, damage remediation, and public awareness initiatives, within two months. Considering the seriousness of environmental issues, the NGT appointed Mr. Rahul Khurana as amicus curiae to address environmental concerns effectively and directed the Uttar Pradesh Pollution Control Board to pay an honorarium and cover expenses.
The Intervenor applicant filed an intervention application requesting directions for the submission of reports on parks mentioned in his representation and encroachment removal, however, the NGT dismissed the same suggesting the filing of a separate original application if desired.
Considering the facts, the NGT deemed the personal appearance of authorised officers necessary for the next hearing to produce relevant records. Copies of the order were directed to be sent to relevant authorities and the appointed amicus curiae for compliance. The matter was listed for further consideration on 25-07-2024.
[Sunil Vaid v. State of U.P., O. A. No. 143/2023, order dated 19-03-2024]
Advocates who appeared in this case :
Mr. S. A. Zaidi and Mr. Kapil Sagar, Counsel for the Applicant
Mr. Vibhav Mishra, Counsel for the Respondent No. 2/ Ghaziabad Municipal Corporation
Mr. Yagyawalkya Singh and Ms. Divya Swamy, Counsel for the Respondent No. 3/GDA
Mr. Pradeep Misra and Mr. Daleep Dhyani, Counsel for the Respondent No. 4/UPPCB
Mr. Akash Vashishth, Counsel for the Intervenor Applicant
