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2024 Supreme(Online)(NGT) 2662

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, Arun Kumar Verma, Expert Member
Anany Singh Pawar – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
For the Applicant(s): Mr. Dharamvir Sharma, Adv., Dr. Anoop, Applicant/Complainant (with Mr. Shailander Pawar)
For the Respondent(s): Mr. Shantanoo Saxena, Adv., Ms. Amrita Mishra, Adv., Mr. Prashant M. Harne, Adv. (with Mr. Mehul Bhardwaj, Adv.)

Table of Content
1. alleged park encroachment and tree cutting under re-densification. (Para 1 , 2)
2. government approvals and re-densification policy compliance. (Para 3 , 4 , 5 , 6)
3. arguments on green belt maintenance and compensatory planting. (Para 7 , 8 , 9 , 10)
4. constitutional and policy emphasis on forest conservation. (Para 11 , 12 , 13 , 14 , 15)
5. application upheld with enhanced afforestation directions. (Para 16 , 17 , 18 , 19)

ORDER

1. The grievance of the applicant in this application is encroachment on the two public parks in the Rajasva Colony, Gurunank Market Friganj, District Ujjan (M.P.), cutting of the trees which are properly grown up, violation of conditions of necessity of play grounds, parks for children as laid down by the Town and Country Planning Department, diversion of public park for building constructions in violation of Article 21, 48 (A) and Article 51 (g) of the Constitution of India. It is further alleged that open spaces are mandatory environmental safeguard, which are essential to be maintained as a green area or green belt and further construction of multi story buildings damaging the park and green belt area may cause environmental damage to

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