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NGT dismisses plea to stay unregulated construction activities in Uttarakhand

All the omnibus directions sought in the plea are not permissible under the National Green Tribunal (Practice and Procedure) Rules, 2011, the bench said
Last Updated 04 November 2020, 15:19 IST

The National Green Tribunal has junked a plea seeking directions to stay unregulated development activities, including new or existing constructions of any hotels/guest houses in Uttarakhand till the Master Plan and Tourism Development Plan are prepared.

A bench headed by NGT Chairperson Justice Adarsh Kumar Goel said a roving and fishing inquiry is sought to be conducted by the petitioner against all hotels/guest houses without such establishments being party before it.

"Vague and general omnibus directions are sought including prohibiting sanction of any layout plan and issuing closure notice to all the hotels, resorts and commercial accommodations," the bench said.

All the omnibus directions sought in the plea are not permissible under the National Green Tribunal (Practice and Procedure) Rules, 2011, the bench said.

"We are unable to accept that there is only a single cause of action or that all reliefs are consequential to each other nor such reliefs are with reference to cause of action in the last six months which is the limitation for approaching this Tribunal. Accordingly, the application is dismissed on above ground without prejudice to the remedies as per law, if permissible," the bench said.

The tribunal was hearing a plea filed by advocate Akash Vashistha seeking directions to the Ministry of Environment and Forests and the Uttarakhand government to operate the Master Plan and Tourism Development Plan, as mandated under the Doon eco-sensitive zone (ESZ) Valley Notification.

The plea argued through advocate Sanjay Upadhyay also sought directions to stay unregulated development activities, including new or existing constructions of any hotels/guest houses/tourist lodges, commercial accommodations or any other building (residential or commercial)/group housing societies/multi-storey apartments, till the Master Plan and Tourism Development Plan are prepared.

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(Published 04 November 2020, 15:19 IST)

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