IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 10422 OF 2024
HOUSING COMMISSIONER, U.P. HOUSING & DEVELOPMENT BOARD
..... APPELLANT(S)
VERSUS
AMIT KISHORE & ORS. ..... RESPONDENT(S)
O R D E R
We are informed that the substantial operative directions
passed by the National Green Tribunal1, Principal Bench, New Delhi,
vide its order dated 06.08.2024 passed in Original Application No.
287/2022, have been complied with, that is, with regard to the
removal of the kiosks/vending zones on the green belt area on the
roadside. The only issue that remains is as to whether the NGT was
justified in directing the prosecution of the Housing Commissioner
of the U.P. Housing and Development Board under Section 26 of the
National Green Tribunal Act, 20102, vide paragraph 3 of that order.
We may note that, by order dated 17.09.2024, this Court
stayed the operation of the direction in paragraph 3.
In the light of the judgment dated 12.08.2024 passed by this
Court in Civil Appeal No. 6707/2023, titled “P. Arun Prasad & Anr.
vs. Union of India & Ors.” and a connected appeal, it is clear that
the power under Section 26 of the NGT Act should be exercised with
1 “NGT”, for short 2 “NGT Act”, for short
1
care and caution. Finding fault with a particular officer for not
being present, when sufficient number of other officers were
actually present on that date before the NGT for assistance, is not
suff...