[RWA-Mascot:1138] Re: [CROMA Executive Body] Appeal for your support-Dumping Ground Issue-Filing of Special Leave Petition in Supreme Court

I feel that I should elaborate my concern in historic sense, as I am very much concern about our move to be right only. We simply can't afford to fail. So, we must take decisions carefully.

As per my understanding:

1 - Builder fought a case against GNN/GDA, whose main focus was to 'grab GNN land i.e. dumping ground land'.

2 - As expected, builders lost the case; as it was a clear nexus of GDA-Builder to grab GNN land.

3 - Builder never fought the DG case as 'issue to environment' and health hazard of residents.

4. Then they decided to challenge the case in Supreme Court, which I don't see any merit. Their intention is not removing DG for health hazard; but to stop it coming till the time their sell out everything [Specially Ansal projects]. So, it just a time pass. They are going to loose again.

5. We had decided in our' last year/early this year' meetings that we will never club our case with Builder's case in supreme court.

6. If needed, we will file a fresh case in High court purely on the basis of 'Bye-Laws of Dumping Ground' and 'Health hazard to a dense population'.

7. I believe that we can file case in high court at any time, unless GDA/GNN back out from building DG completely. We can simply take a pre-emptive decision that GNN/GDA 'decision' to build the dumping ground itself is invalid. We may not need to actually wait for DG to take off for this. We can simply challenge their plan.

8. Going to High court was also important, as we will still have option open to go into Supreme court. If we lost the case in supreme court, we will have all doors closed.

9. Similarly, can't we go to Green Tribunal just challenging their 'plan' to build the DG before even going to Courts. Winning in NGT will make our case full proof.

1O - Do, we needed to wait for any action to happen before going to NGT? We can simply go like 'See NGT, this authority is planning for a DG here, which is wrong'.

All I mean to say, that our move should be:

- Go to NGT, challenge the plan. [What can happen, at the most NGT will say that we will intervene only if actual execution of plan will start. Then its fine, we will wait.]

- Go to High court just challenging DG on health ground. Take the stay and fight.

- Go to supreme court, in case we loose in high court. Ideally we will win in high court itself.

GD

On Saturday, July 7, 2012 7:17:14 AM UTC+5:30, GD wrote:

Any Specific reason that why we are not going for a fresh case in High court as 'Resident vs GNN' for stopping DG? This will spare us another option to go into Supreme court, in case things are not in favor in High court?

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