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2019 Supreme(SC) 1293

ARUN MISHRA, SURYA KANT
Jitendra Singh – Appellant
Versus
Ministry of Environment – Respondent


Advocates Appeared:
For the Appellant(s) :Rana S. Biswas, Jai Singh, Uttam Singh Negi, Avijit Roy, Advocates
For the Respondent(s):Hitendra Nath Rath, Vishal Kaushik, Ravindra Kumar, Gurmeet Singh Makker, (Appearance slip not given) Pradeep Misra, AOR (Appearance slip not given), Advocates

JUDGMENT :

Surya Kant, J.

1. The instant statutory appeal has been preferred under Section 22 of the National Green Tribunal Act, 2010 (hereinafter “NGT Act”) against the order dated 06.03.2019 of the Principal Bench of the National Green Tribunal (“NGT”), whereby appellant’s grievance against allotment of local ponds to private industrialists has been dismissed summarily without any adjudication of the lis or merits, but merely on the basis of an affidavit filed by Respondent No. 5 (Greater Noida Industrial Development Authority – hereinafter “GNIDA”) claiming that it was developing bigger alternative waterbodies.

FACTUAL BACKGROUND

2. The appellant is a permanent resident of village Saini, tehsil Dadri, of district Gautam Budh Nagar, which falls in the National Capital Region. He claims to be a socially-active lawyer dedicated to bettering the lives of his co-villagers and alleges that the Original Application before the NGT was triggered when around 18.01.2017 the agents of a private entity (Respondent No. 6 M/s Sharp Enterprises Pvt. Ltd. hereinafter “Sharp”) using excavataors and other heavy machinery attempted to forcibly takeover possession of a ‘common-pond’, which had been in


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