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2024 Supreme(Online)(NGT) 1489

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
PRAKASH SHRIVASTAVA, CJ, SUDHIR AGARWAL, J, DR. A. SENTHIL VEL, EM
Syed Ashhar Tauseef – Appellant
Versus
Kamal Faruqui – Respondent


Advocates:
For the Applicant: Mr. Syed Ashhar Tauseef
For the Respondents: Ms. Sthavi Asthana, Mr. Abhinav Ramkrishna

Table of Content
1. grievance related to encroachment on a registered water body. (Para 1 , 2)
2. jurisdiction and authority of the tribunal for environmental matters. (Para 3 , 4 , 5 , 6 , 9)
3. natural water bodies must be preserved and cannot be replaced by artificial structures. (Para 11 , 23)
4. final order to restore water body and relocate educational institutions. (Para 24)

ORDER

1. In this Original Application, registered on the basis of letter petition, the grievance raised by the Applicant is that the Respondent No. 1 exercising his influence on the land on Gata No. 403 and 404 has set up four educational institutions i.e. Rashida Begum Muslim Vidyalaya, Mesco Public School, Mesco Institute of Pharmacy and Mesco Institute of Nursing and Para-medical Science.

2. Further allegation is that Gata No. 403 and 404 (earlier Gata No. 311 prior to Chakbandi) is a Talab (pond) and is registered as a Talab in the revenue record 1359 fasli year. It is further alleged that on the basis of the fabricated document of the Municipal Council Amroha the recognition was obtained by above institutions in the year 2018.

3. The Tribunal on the basis of the above letter petition had registered the pres

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