Item No. 05 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

Original Application No. 138/2023(CZ)

Dilip Dev Applicant(s)

Versus State of Madhya Pradesh & Ors. Respondent(s)

Date of Completion of Hearing and Reserving of Order : 12.01.2024 Date of Uploading of Order on the Website : 16.01.2024 CORAM : HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER For Applicant(s): Mr. Dilip Dev For Respondent(s) : Mr. Mehul Bharadwaj, Adv.

Mr. Rohit Sharma, Adv.

Mr. Ravikant Patidar, Adv.

Ms. Parul Bhadoria, Adv.

ORDER

1. Heard the argument and perused the record.

2. This letter petition has been filed by one Dilip Dev, R/o 9/5 Manorama Ganj, Near St. Paul Primary School Indore with the allegation that the respondent has illegally constructed a commercial Hostel at 9/3, Manorama Ganj Indore against the approved land use by Indore Municipal Corporation in which construction is almost double the permissible area covering 100% MOS. The said locality is a completely residential area and all residents have strict objections with the commercial uses of the house since it hampers the peace of the locality by noise pollution and frequent movement of the outsiders creating nuisance and unwanted traffic jams and parking. It is further alleged that Writ Petition was moved before Hon’ble the High Court and directions was issued to the Indore Municipal Corporation to take appropriate action against the illegal constructions but Municipal Corporation has not taken any steps against the illegal construction and commercial use of residential places.

3. The matter was taken up by this Tribunal on 12.10.2023 and a committee was constituted consisting (i) one representative from Collector, Indore (M.P.) (ii) one representative from Country and Town Planning, (M.P.) (iii) one representative from Madhya Pradesh State Pollution Control Board(M.P.)

4. In compliance thereof, the committee visited the site and submitted the report as follows :-

“Observations during inspection :

1. The applicant Shri Dilip Dev has made complaint before NGT regarding illegal construction in the house located adjacent to his house. Owner of adjacent house is Shri Rajiv Jain and Smt. Monali Jain, house no. 9/3, Navratan Bagh, Manorama Ganj.

2. House of Shri Dilip Dev and Shri Rajiv Jain is located in street no. 5, adjacent to each other.

3. Shri Sanjeev Kumar Jain (Respondent No. III) is not residing at house no. 9/3, Manorama Ganj. Shri Rajiv Jain and his wife Smt. Monali Jain are residing at this location. The house owner’s are Shri Rajiv Jain and Smt. Monali Jain.

4. Car washing center owned by Shri Shishir Deshmukh is also located in street no. 5, opposite to the house of Shri Rajiv Jain.

5. Other houses are also located in street no. 5.

6. Location map (not to the scale) has been prepared and enclosed for perusal and to understand the situation.

7. Shri Rajiv Jain’s house is constructed ground floor, first floor, second floor and third floor. The house owner lives in ground floor and first floor. There are 15 rooms on second floor and third floor, in which some students are living on rent. Staircase for second and third floor has been provided from outside for separate access to the tenants. The house owner told that they have given the rooms to girls students, who are studying in nearby coaching’s. There is no mess observed and food supply is based on Tiffin System.

8. Shri Rajiv Jain has been obtained building permission for residential house, copy of permission and map is enclosed. As per the building permission granted, there is no commercial hostel granted but it is residential building constructed G+3 floors.

9. As per the information received during inspection, a WP No. 4893 of

2020 was filled by Shri Rajiv Jain before Hon’ble The High Court of Madhya Pradesh, Indore Bench regarding illegal construction and built-up area. Hon’ble High Court issued Order dated 05-09-2022 in the WP, copy of which is enclosed a