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Item No. 02

Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

Original Application No. 450/2023

Gulshan Bhatia

Applicant

Versus

Central Ground Water Authority & Ors.

Respondent(s)

Date of hearing:

27.07.2023

CORAM:

HONBLE MR. JUSTICE SHEO KUMAR SINGH, CHAIRPERSON

HONBLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER

HONBLE DR. A. SENTHIL VEL, EXPERT MEMBER

Applicant:

Mr. B.L. Gupta, Adv. for Applicant

ORDER

1.

The issue raised in this application is against M/s Saraswati Water

Cooling Plant against whom it is stated that he has taken unauthorized

construction of Shop No. B-111A, S.P. Mukherjee Market (Junk Market)

Rani Jhansi Road, New Delhi being tenant and landlord and having raised

unauthorized construction over the land of DDA.

2.

It is further submitted in para-7 that civil suit for permanent and

mandatory injuction vide its CS No. 1301/2021 dated 24.06.2021 was filed

and was decided. With regard to the cooling plant the connection was

disconnected and a notice was issued for recovery of an amount of Rs.

34,39,514/- which is forwarded to Special Metropolitan Magistrate, Delhi

Jal Board, for necessary action. Since the matter as raised is of civil nature

and civil suit is pending or decided and connection was disconnected and

for recovery of penalty, the matter has been referred to competent

magistrate thus, the applicant can raise his grievances before the

appropriate forum.

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3.

Issue of tenancy is not within the domain of the National Green

Tribunal. Application as filed is not maintainable, disposed of accordingly.

Sheo Kumar Singh, CP

Arun Kumar Tyagi, JM

Dr. A. Senthil Vel, EM

July 27, 2023

OA No. 450/2023

PU