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2022 Supreme(Online)(NGT) 202

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
PRAVEEN KAKAR – Appellant
Versus
MINISTRY OF ENVIRONMENT AND FOREST – Respondent


Advocates:
For the Petitioner: YATISH KUMAR GOEL
For the Respondent:

JUDGMENT

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

1. Original Application 661/2018 (hereinafter referred to as ‘OA’) has been preferred under Section 14 and 15 (b) and (c) read with 18 (1) and (2) of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) by three applicants namely Praveen Kakar, J C Kalra and D K Pant, complaining that M/s. Ansal Properties and Infrastructure Ltd., registered office at 115, Ansal Bhawan, K G Marg, New Delhi i.e. respondent 11 (hereinafter referred to as ‘APIL-PP’) has illegally encroached upon and sold a substantial part of land, comprising about 45% of the construction project, which was reserved/meant for parks, roads etc. in Sushant Lok, Phase I, Gurgaon in violation of environmental laws, causing degradation to environment, hence, appropriate directions be issued for restoration of environment and appropriate environmental compensation should also be imposed for causing damage to environment.

2. Facts in brief stated in OA are that respondent 11 has developed a construction project i.e. Sushant Lok, Phase I, Gurgaon (hereinafter referred to as ‘Questioned Project’) on a piece of land admeasuring more than 600

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