I don't understand the logic behind attaching residents with builder's case, where it is very much evident that the builder's original case is out of their greed [to grab GNN land] and they can not win the same in any court.
Please let me now, if I am understanding it wrong, in the context of filing a SLP [Special Leave Petition].
=GD
---------- Forwarded message ----------
From: CROMA Moderator <info@croma.org.in>
Date: Wed, Jul 4, 2012 at 4:43 PM
Subject: [CROMA Executive Body] Appeal for your support-Dumping Ground Issue-Filing of Special Leave Petition in Supreme Court
To: membersaps@gmail.com
Cc: cromaexecutivebody@googlegroups.com Dear Valued President-RWA/ Office-Bearers & Representatives/Adhoc Group
This is to bring to your knowledge about the current development through news paper reports /articles including Hindustan Times dated 18.06.2012 and Times of India dated 29.06.2012, whereby it transpires that GNN has written letter to Greater Noida Authority for acqusition of land in Chippiyana adjacent to Dundahera to cover lacunae's of the compliances and documents for Dumpyard Issue. The latest move of Greater Noida Authority for change of Master Plan by considering the land in village Chippiyana for Soid Waste Management plant indicate the start of process of giving new shape to this Dumping Menace. GNN has already awarded license for construction of this DG at Dundahera and propose to complete the construction by end of this year as reported from various new paper reports.
Even though the matter is sub-judice in the Supreme Court of India by pendency of builders petition , the Ghaziabad Nagar Nigam (GNN) has started construction and awarded private contract even without taking a proper Environmental Clearance which is in our knowledge through news paper and via media sources.
After the High Court Judgement, CROMA had written representation to the Ministry of Environment and Forests (MoEF) for their intervention in this regard. Also CROMA brought the fact of public hearing which was conducted by UP Pollution Control Board on 20.04.2010 regarding Environment Clearance (EC) for setting up of this Dumping Ground before the MoEF. However till date, no proper cognizance or action has been taken by MoEF on this issue. Any construction or land preparation without EC is against procedures and illegal as per Environment laws of the land.
Just to recollect the back ground history about the matter for your knowledge that Ghaziabad Master Plan 2021 was finalized in year 2005, the entire area of village Dundahera was earmarked as residential zone and accordingly development licenses were granted to private developers like Crossings Infrastructure Pvt. Ltd. and Ansal Properties & Infrastructure Ltd. By way of a notification dated 21.10.2009, the then State Government of U.P. restored 2003 master plan for land usage of 14 acres land in village Dundahera, Ghaziabad to landfill to help establish the Municipal Solid Waste Management Scheme (Dumping Ground / Landfill). This notification was challenged by the builders in Allahabad High Court, but their petition was dismissed by HC vide judgment dated 30.08.2011 with some adverse remarks against builders as well as GDA. The HC judgment has been challenged by builders in Supreme Court on which hearing is fixed for 23.07.2012.
With this backdrop, last month the CROMA Executive Body met with some good advocates of Supreme Court, deliberated on the entire issue, strategy to fight this menace and finalized anAdvocate on Record – Mr. Praveen Kumar who advised to file a separate petition in Supreme Court on behalf of residents at the earliest.CROMA may also approach National Green Tribunal regarding Environment Clearance as and when sufficient cause of action will arise to make our petition admissible at NGT.
I also request to your Group/RWA to confirm that whether your Group/ RWA, if any, or any individual member of your society who is comfortable to be add as Party/Petitioner in the Special Leave Petition please give their name and address as it is very urgent to close the draft for filing the petition. We are proposing to file the petition by coming Monday i.e. 9.07.2012.
As we all appreciate, litigation at Supreme Court and NGT is going to be a lengthy and costly affair, (senior lawyers charge 1-2 lakhs for each appearance) CROMA Executive Body hereby appeal to each and every present and future resident/flat-owner to make contribution for this cause. A fund collection drive is going to start very soon. All the RWAs and ad-hoc associations of different societies are requested to extend their full support, with their valuable time and effort, to CROMA Executive Body for this fund collection. We are planning to raise a sum of around Rs 10,00,000/- (Ten Lakhs only) at present which should help to meet litigation cost for next few months to engage Senior Advocate to argue our case on behalf of residents.Senior Advocate in Supreme Court charge fee per hearing which is an expensive affair to deal with.
As always, CROMA Executive Body will keep all the residents updated about the state of drafting and filing of the petition and also about the future developments in the case to all the residents from time to time on its website i.e. www.croma.org.in and yahoo group mail ID's
CROMA requests all the residents/flat-owners to make a minimum contribution of Rs. 500/- (Five Hundred Only) per flat to build this corpus for funding the litigations at Supreme Court and NGT.
Note:
1) The mode of payment will be preferably by CHEQUE in favour of Crossings Republik Flats Owners & Members Association.
2) For payments by cheque, the receipt will be provided by the respective fund collection committee.
CROMA executive member(s) and other members/residents belonging to your society is(are) already aware of most of the details of the legal steps that CROMA team has planned. However, if you feel the need, CROMA executive committee members will be more than happy to have a meeting with residents/RWA members of your society at mutually convenient time.Look forward your support for the cause and your confirmation at the earliest.Crossings Republik Flats Owners & Members Association (CROMA) [Regd.]
Warm Regards,
Gurmukh Singh,
President-CROMA
