SHRAMJEEVI COOPERATIVE HOUSING SOCIETY LTD. Vs. DINESH JOSHI

JUDGEMENT

(1.) Special leave granted in SLP (C) No. 12945/2018. In all these appeals, all respondents were served and had entered appearance. The original applicant before the National Green Tribunal (hereafter 'NGT ') too had been served; an affidavit was filed on his behalf. He was however, not represented on the date of hearing. With consent of counsel for the parties, all appeals were heard finally.

(2.) These appeals, under Sec. 22 of the National Green Tribunal Act, 2010 (hereafter 'NGT Act ') and appeals by special leave(Against order dtd. 10/7/2018 in WP No. 3484/2018 (PIL) of the Madhya Pradesh High Court), question various orders(dtd. 17/2/2016 in OA No. 100/2015; dtd. 19/4/2016 in RA No. 3/2016; dtd. 21/9/2020 in OA No. 17/2018; dtd. 18/11/2020 in RA No. 8 and 9/2020 and order dtd. 25/11/2020 in MA Nos. 9, 11 & 14/2020) of the National Green Tribunal which directed that the Nagar Palika Parishad, Mandsaur (hereafter 'Parishad '), should desist from granting sanction to develop and construct properties in the vicinity of the "Teliya Talab " (hereafter 'talab '), a man-made lake or reservoir in the city of Mandsaur.

(3.) The original applicant, Dinesh Joshi, preferred an application before the Central Bench of NGT, seeking directions for protection and conservation of the talab, alleging that construction permissions had been granted by the authorities, i.e., the Parishad and the State, to various private parties, and allowed construction upon a water body, resulting in depletion of the lake 's area, thus reducing availability of surface water. It was also further alleged that untreated domestic waste and industrial effluents were being discharged or dumped into the talab. The Parishad and the Town and Country Planning Department (hereafter 'TCD ') filed replies, upon being issued notices.