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Anil Kumar Tyagi v. State Of U.P.& Others - WRIT - C No. 21398 of 2006  RD-AH 7916 (19 April 2006)
WP No. 21398 of 2006
HON'BLE YATINDRA SINGH, J.
HON'BLE RK RASTOGI, J.
1. This is a writ petition for a direction to respondents to strictly implement the Master Plan and to take action in accordance with law and to discontinue the establishment of solid wast management plant on the land in Khasra no. 937 in village Dundahera, District Ghaziabad on the ground that it is in residential area.
2. We have heard counsel for the petitioner, the standing counsel for the State of UP, Sri AK Misra for the Ghaziabad Development Authority (the GDA), Sri Prem Chand for Nagar Nigam Ghaziabad (the Nagar Nigam) and Sri QH Siddiqui for the the UP Jal Nigam.
3. The counsel for the GDA submitted that:
The petitioner had earlier filed writ petition no. 12496 of 2006 which was disposed of on 1.3.2006 granting liberty to the petitioner to file a fresh representation which was to be decided by the GDA at an early date, if possible within three months from the date of receipt of representation.
The petitioner has already filed representation.
The GDA has already issued notice to the Nagar Nigam Ghaziabad to file its reply.
This is second writ petition and is not maintainable.
4. It is correct that this is the second writ petition. It is not maintainable and is dismissed.
5. However, we wish to point out that Sri Prem Chand, counsel for the Nagar Nigam has made a statement that his client will file its objection before the GDA by 28th April 2006 or will appear before the GDA on that date to explain its stand. The writ petition is dismissed.
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