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NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
PRAKASH SHRIVASTAVA, CJ, SUDHIR AGARWAL, J, DR. A. SENTHIL VEL, ACJ
Syed Ashhar Tauseef – Appellant
Versus
Kamal Faruqui – Respondent
| Table of Content |
|---|
| 1. allegations of encroachment on a water body by educational institutions. (Para 1 , 2 , 6) |
| 2. legal framework governing the conservation and management of water bodies. (Para 3 , 7 , 16) |
| 3. emphasis on the ecological significance of restoring original water bodies over artificial constructions. (Para 8 , 9 , 24) |
| 4. preliminary objections concerning the applicant's locus and bonafides in contesting encroachments. (Para 12 , 19 , 20) |
| 5. court's directive to restore the water body and prevent illegal encroachment. (Para 22 , 23) |
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
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