Well said Sujoy. The decision was taken after consulting too many lawyers and I am going to be a party on this. The hearing will start from 23rd July 2012 in Supreme Court and our petition is going on coming Monday.
Regards,
Raj Kumar Raju
Crossings Republik Township
(Ghaziabad)
Sent from my iPadHi GD,Your concerns are valid, Let me brief you about this. As we all know that builders already lost the case in High Court which they have fought for Land usage and the builder challenge the High Court's decisions in Supreme Court, if they loose that case in Supreme Court as well and if DG is allowed to start, then even we put up the case in High Court, Supreme Court's decision will stay on top and at that time we will not be in the position to do anything out of all efforts.CROMA has consulted many lawyers and the best option find to move forward in this direction, they have suggested to be aparty on the same case where we are filing the case on environmental background, Health background and various acceptable criteria for forming DG which are not present in this case; these all will strengthen the case. This will going to make this case strong.Moreover various RWA's and members from various societies in CR attached as party for this case. So we are trying the best possible way to move forward after all discussion with various SC lawyers. I think this will clarify some doubt from your mind. Now we need everyone's support to move this forward.Hoping to get everyone's support for this. Let me know if you have any more question on this.Thanks & Regards,SujoyOn Sat, Jul 7, 2012 at 7:44 AM, GD <gyanendra.dwivedi@gmail.com> wrote:
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
