Hon'ble Rajesh Chandra,J.
The facts on record of the present writ petition which is more or less in the nature of public interest litigation present a disturbing picture. Site no. 1, Industrial Area, Bulandshahar is an industrial area for which the local body constituted under the U.P. Industrial Area Development Act, 1986 is the U.P.S.I.D.C. A copy of the layout plan of U.P.S.I.D.C. depicts site no. 1. There is no dispute between the parties on qua the said fact.
According to the writ petitioner Nagar Nigam Ghaziabad who has been given an authority to maintain the park by the U.P.S.I.D.C. as per letter of the Regional Manager, U.P.S.I.D.C. dated 05.06.2010 filed as annexure no. 6 to the writ petition is proceeding to make construction of three level parking for accordingly 200 trucks at site no. 1. For the purpose the green trees standing on the site no. 1 have since been cut away. The allegation is supported by photographs annexed depicting the standing trees. It is stated that the construction are in progress. The petitioner which is Industrial Area Manufacturer Association has filed this writ petition seeking a mandamus restraining the authorities from converting the park shown with green colour in layout plan as a level parking and to stop all construction acitivity.
The writ petition is opposed by the learned counsel for the Nagar Nigam, Ghaziabad namely Sri. M.N. Mishra. He submits that the park in fact has been converted into a dumping ground by the industrial units including Mozic Beer company / factory. The dirty water generated at the units including the beer manufacturing unit is being collected at the park which has became unuseful for the public of the area. It is stated that in order to remove the dirty water collected at the site of the park, the Nagar Nigam has initiated the activities which are being complained of. It is pointed out that the trees standing at site no. 1 got damaged and became dead because of the collection of the dirty water discharged by the manufacturing units. The dead trees felled so as to avoid any injury to the public.
It is further stated that no level parking is proposed at the park and that Nagar Nigam shall plant 3000 trees at the site, the entire activity undertaken is only for the beautification of the park.
Having heard learned counsel for the parties, we find two issues arise:
(A). How can U.P.S.I.D.C. Nagar Nigam could permit such collection of the dirty water at the site for years together so as to let the tree die and as to why suitable action against person responsible was not taken under the pollution Act.
(B). Whether the Nagar Nigam which is proceeding with pucca construction at the site earmarked as park and if so what action is to be taken.
We are of the considered opinion that in no case the site earmarked as park can be permitted to be used for any other purpose.
We therefore direct respondent no. 1 to file his personal affidavit categorically stating:
(a) As to how the dirty water was permitted to be collected at the site no. 1 without any action being taken against the responsible person thereon permitting the standing trees to be damaged.
(b). How the construction activities is being permitted at the park site no. 1 which belongs to the U.P.S.I.D.C.
(c). Whether the Nagar Nigam is proceeding to maintain the park and all the said purpose or for construction of level parking.
Similarly the respondent nos. 3 & 4 shall also file their respective counter affidavits by the next date fixed.
List this case on 10.07.2010. before appropriate Bench.
Till the next date of listing no construction shall be carried out at the site except which may be necessary for restoring the site as a park.
Order Date :- 23.6.2010 Sharad