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2024 Supreme(Online)(NGT) 5532

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. encroachment on parks and tree cutting violates environmental rights. (Para 1 , 2)
2. re-densification policy approvals for replacing dilapidated housing. (Para 3 , 4 , 5 , 6)
3. arguments on green belt maintenance and tree replacement ratios. (Para 7 , 8 , 9 , 10)
4. forest policy emphasizes ecological balance over development. (Para 11 , 12 , 13 , 14 , 15)
5. project upheld with enhanced parks and 10:1 tree plantation mandate. (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 caus

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