IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION HOUSING COMMISSIONER, U.P. HOUSING ..... APPELLANT(S)

& DEVELOPMENT BOARD VERSUS AMIT KISHORE & ORS. ..... RESPONDENT(S)

O R D E R

We are informed that the substantial operative directions passed by the National Green Tribunal, Digitally signed by, Principal Bench, New Delhi, vide its order dated 06.08.2024 passed in Original Application No. 287/2022, have been complied with, that is, with regard to the removal of the kiosks/vending zones on the green belt area on the roadside. The only issue that remains is as to whether the NGT was justified in directing the prosecution of the Housing Commissioner of the U.P. Housing and Development Board under Section 26 of the National Green Tribunal Act, 2010², vide paragraph 3 of that order.

We may note that, by order dated 17.09.2024, this Court stayed the operation of the direction in paragraph 3.

In the light of the judgment dated 12.08.2024 passed by this Court in Civil Appeal No. 6707/2023, titled “P. Arun Prasad & Anr. vs. Union of India & Ors.” and a connected appeal, it is clear that Signature Not Verified the power under Section 26 of the NGT Act should be exercised with Deepak Guglani Date: 2026.02.24 Reason:

care and caution. Finding fault with a particular officer for not being present, when sufficient number of other officers were actually present on that date before the NGT for assistance, is not sufficient in itself to exercise such power.

The direction of the NGT in paragraph 3 of the order is, accordingly, set aside and the appeal is allowed to that extent.

Pending application(s), if any, shall stand disposed of.

........................J.

(SANJAY KUMAR)

........................J.

(K. VINOD CHANDRAN)

NEW DELHI;

FEBRUARY 23, 2026.

ITEM NO.29 COURT NO.12 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS HOUSING COMMISSIONER, U.P. HOUSING ..... APPELLANT(S)

& DEVELOPMENT BOARD VERSUS AMIT KISHORE & ORS. ..... RESPONDENT(S)

(FOR ADMISSION and IA No.206300/2024-STAY APPLICATION and IA No.206302/2024-EXEMPTION FROM FILING O.T. and IA No.206299/2024-

PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 23-02-2026 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE K. VINOD CHANDRAN For Appellant(s) :

Mr. S. Niranjan Reddy, Sr. Adv.

Mr. Abhishek Kumar Singh, AOR Mr. Abhinav Jaganathan, Adv.

Ms. Pallavi Singh, Adv. Ms. Anamika Yadav, Adv.

For Respondent(s) :

Mr. Vibhav Mishra, AOR Mr. Ashutosh Mishra, Adv.

UPON hearing the counsel the Court made the following

O R D E R

The appeal is allowed in terms of the signed order to the extent indicated therein.

Pending application(s), if any, shall stand disposed of.

(DEEPAK GUGLANI) (PREETI SAXENA)

AR-cum-PS COURT MASTER (NSH)

(signed order is placed on the file)