SYNOPSIS AND LIST OF DATES
The Appellant is filing the instant Civil Appeal under Section 22 of the National Green Tribunal Act, 2010 against the Order dated 05.10.20__ passed by National Green Tribunal, Principal Bench at New Delhi in Original Application No. __ of 20__. The National Green Tribunal (herein referred to as Tribunal) vide the impugned judgment directed the New Delhi Muncipal Corporation and the Delhi Police Commissioner to immediately stop all the activities of dharnas, assembling of people at ____ Road.
Hence, against the said order dated 05.10.20__ passed by the National Green
Tribunal in Original Application No.__ of 20__ the instant Civil Appeal has been
1990 The demonstrations and the protests have been happening at _______ for last more than 25 years.
31.10.20__ The NGT passed the order despite the fact that Police Authorities have been continuously imposing, section 144 of the Cr.P.C., throughout Central Delhi, leaving _______ and because of the order the protests have been confined to _______ only. The police authorities have passed the order on 31.10.20__ imposing section 144 Cr.P.C in the whole area of police station ___ and _____ but have excluded the area of _______.
.11.20__ THEREFORE, THE PRESENT APPEAL U/s 22 OF THE NATIONAL GREEN TRIBUNAL
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No. ___________of 20__
(Under Section 22 of the National Green Tribunal Act, 2010)
POSITION OF PARTIES
In the NGT In this Hon'ble Court
Through its founder member ....APPELLANT
THE UNION OF INDIA
Through its Home Secretary
New Delhi ....RESPONDENT No. 1
APPEAL U/S. 22 OF THE NATIONAL GREEN TRIBUNAL ACT, 2010 AGAINST THE IMPUGNED JUDGMENT AND FINAL ORDERS DATED 05.10.20__ PASSED BY THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, AT NEW DELHI IN ORIGINAL APPLICATION NO. __ OF 20__.
THE HON'BLE THE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF
SUPREME COURT OF INDIA
The Humble Appeal of the Appellant named above:
MOST RESPECTFULLY SHOWETH:
That the Present Civil Appeal is being filed U/s. 22 of the National Green Tribunal Act, 2010 against the Impugned Judgment and final Orders dated 05.10.20__ passed by National Green Tribunal, Principal Bench, at New Delhi (Hereinafter the Tribunal) in Original Application No. __ of 20__, whereby the Tribunal, on erroneous grounds prohibited protests/demonstrations on ______ stretch.
1. QUESTIONS OF LAW:
The following question of law arises for consideration by this Hon'ble Court:
A. Whether the Hon'ble Tribunal in the name of alleged noise pollution could have put a complete ban on demonstrations at ________?
B. Whether direction issued by the Tribunal for shifting protest from ____ to Ram Lila ______ on the ground of noise pollution curtails the Fundamental Right guaranteed under 19 (1) (a) and Article 19 (1) (b) of the constitution?
C. Whether the National Green Tribunal is right in disallowing the protestors
to protest at _________ without having any empirical analysis/Study of noise
pollution done in the said area?
1A The Appellant, _____________ is a grassroots, unregistered people's organisation formed in 1995 with its headquarters in ______ with bank account number _______________ in State Bank in Jaipur.
The Appellant has not made any representations to the respondent in this regard because of the extreme urgency of the matter in issue.
The Appellant has no personal interest, or any private or oblique motive, in
filing the instant petition. There is no civil, criminal, revenue or any other
litigation involving the petitioner, which has or could have a legal nexus with
the issues involved in this PIL.
2. BRIEF FACTS:
2.1 The __________ stretch has been a permitted site for public protests since prior to 19__, in the past the demonstrations were allowed at the ______. To ease the problem for the general public, the venue was shifted to _____ to hold the demonstrations for the crowd of 4000 peoples.
2.2. The residents residing at the ______ road filed application dated 05.02.20__, to disallow the protests on the ______ . A copy of the Original Application dated 05.02.20__ is annexed herewith as Annexure P1 (pages_____to_____).
2.3. The Hon'ble Green Tribunal passed the order dated 05.10.20__ in Original Application No. __ of 20__, prohibiting the protests at the said area with the directions to the authorities:
i. The respondent to immediately stop all the activities of dharna, protest, agitations assembling of people, public speeches, using of loud speakers, etc. at _____ Road.
ii. _____ is directed to remove all make shifts/temporary structures, loud
speakers and public address system from the said stretch of ____ road.
2.4 The administration, through its advertisement called the protestors to hold dharna at _____ the advertisement reads as "Want to hold dharna/protest. Upto 4000 persons. A Copy of the Article regarding the Delhi Police Advertisement inviting protests at dated 07.02.20__ is annexed herewith as Annexure P2 (pages_____to_____).
2.11 The Tribunal without appreciating that, right to protest can be harmoniously interpreted with right to peaceful residence with proper regulation in force, and ignored the rights of deprived and vulnerable citizens who have no option but to protest for their entitlements.
Thus the present Appeal U/s. 22 of the NGT Act, 2010 is being filed, on the
following amongst the other grounds:
(A) The National Green Tribunal has erred in holding that merely giving directions to the authorities to control and regulate would neither be sufficient nor adequate, when there are laws in force that can be regulated properly in allowing the people to protest at the _____, which have been in continuance for over 25 years.
(B) The National Green Tribunal has erred in not considering the submissions made by the _______, wherein they have placed that regulatory mechanisms are already in place.
(C) The Appellant states that no other appeal against the impugned order has been filed by the Appellant before this Hon'ble Court or in any other court.
4. GROUNDS FOR INTERIM RELIEF:
The National Green Tribunal has directed the government to stop all the activities of protests/demonstrations at _____. It is submitted that many protests that were going on for their grievances like the OROP etc., through this order have been disrupted and if not allowed to continue, than their grievances would remain unredressed.
5. MAIN PRAYER:
For the reasons aforesaid and those that may be urged at the time of hearing it is most respectfully prayed that the Hon'ble Court be pleased to:
a. Allow the instant Civil Appeal and set aside the order dated 05.10.20__ passed by the National Green Tribunal, Principal Bench, at New Delhi, in Original Application No. __ of 20__; and
b. Pass such other and further order or orders as this Hon'ble Court may deem
fit and proper in the facts and circumstances of the case.
6. PRAYER FOR INTERIM RELIEF:
a. Pass an appropriate order to stay, the order dated 05.10.20__ passed by the National Green Tribunal, Principal Bench, at New Delhi, in Original Application No. __ of 20__; and
b. Pass such other order /orders as this Hon'ble Court may deem fit and
proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS THE APPELLANT AS IN DUTY BOUND SHALL EVER PRAY.
Advocate for the petitioner