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2024 Supreme(Online)(NGT) 61

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
MR. JUSTICE SUDHIR AGARWAL, DR. AFROZ AHMAD, JJ
BHAVAK PARASHER – Appellant
Versus
SMT INDU WALIA WO RAM PARKESH – Respondent


Advocates:
For the Petitioner:
For the Respondent: AAGNEY SAIL

JUDGMENT

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

1. Bhavak Parasher, son of Late Gaja Nand Parasher, resident of H.No. 506, Zail Singh Nagar, Roop Nagar has come up before Tribunal in this Original Application (hereinafter referred to as ‘OA’) filed under Sections 14, 15, 16 and 17 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) alleging that Smt. Indu Walia (respondent 1) is the owner of land, measuring 7.7 hectares, at Village-Mahalat, Tehsil and District-Una, State of Himachal Pradesh. The land is on hilly top. Respondent 1 has removed mountain top in the area measuring 7.7 hectares (206 Kanals) using bulldozers and loaders and has made it flat plateau. Muck has been buried across the streams and onward through bottoms of hills, she has uprooted centuries old core zones of biospheres, changed the topography and damaged the hilly topography of the area. Applicant made complaint to Divisional Forest Officer, Una vide letter dated 13.03.2019; to Deputy Commissioner, Una vide various letters dated 02.07.2019 and 15.07.2019 and to Environmental Engineer, Himachal Pradesh State Pollution Control Board (hereinafter referred to as ‘HPSPCB’)

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