IMPORTANT POINTS
A government order cannot be applied retrospectively.
Vesting of common ponds and local areas in the State would not by itself either change the nature of land contrary to revenue record nor will defeat the long-established rights of the local people on commons.
Nature of appeal to Supreme Court u/s 22, NGT Act is akin to second appeal u/s 100, CPC.
Long duration of illegal occupation of common land or huge expenditure in making constructions thereon cannot be a justification for condoning the illegal act or for regularising the illegal possession.
Government order of 2016 struck down.

JUDGMENT :

Surya Kant, J.

1. The instant statutory appeal has been preferred under Section 22 of the National Green Tribunal Act, 2010 (hereinafter “NGT Act”) against the order dated 06.03.2019 of the Principal Bench of the National Green Tribunal (“NGT”), whereby appellant’s grievance against allotment of local ponds to private industrialists has been dismissed summarily without any adjudication of the lis or merits, but merely on the basis of an affidavit filed by Respondent No. 5 (Greater Noida Industrial Development Authority – hereinafter “GNIDA”) claiming that it was developing bigger alternative waterbodies.

FACTUAL BACKGROUND

2. The appellant is a permanent resident of village Saini, tehsil Dadri, of district Gautam Budh Nagar, which falls in the National Capital Region. He claims to be a socially-active lawyer dedicated to bettering the lives of his co-villagers and alleges that the Original Application before the NGT was triggered when around 18.01.2017 the agents of a private entity (Respondent No. 6 M/s Sharp Enterprises Pvt. Ltd. hereinafter “Sharp”) using excavataors and other heavy machinery attempted to forcibly takeover possession of a ‘common-pond’, which had been in use by local villagers for a century. This was objected to by the villagers, and the appellant subsequently made a complaint on 25.01.2017 to various authorities including the District Collector. Pointing out revenue records which elucidate the commons-status of the ponds, he sought directions to restrain Sharp and its agents. However, there was no action on his representation for more than 10 days, leading to another attempt by Sharp at dispossession, compelling the appellant to seek police help. A few days later, he submitted another representation to the Collector, but to no avail. Aggrieved, he was left with no recourse but to approach the NGT by way of an Original Application under Section 14 (read with Sections 15 and 18) of the NGT Act for adjudication of these environmental issues.

3. Before the Tribunal, appellant contended that large tracts of his village (but not the impugned water-bodies) had been acquired under the Land Acquisition Act, 1894 ostensibly for industrial development by GNIDA. Subsequently, these acquired lands (including some local ponds) had been leased to private industrialists, including Sharp in 2012. Using revenue records obtained under the UP Consolidation of Holdings Act, appellant showed that Khasra Nos. 552 (1140 sq meters) and 490 (8470 sq meters) were ‘pokhar’ (pond) and Khasra Nos. 522 (1620 sq meters) and 676 (9804 sq metres) were ‘rajwaha’ (canal). Highlighting that the water bodies were vested in the Gram Sabhas per Section 117 of the UP Zamindari Abolition and Land Reforms Act, 1950, he contended that such land had neither been acquired, nor resumed and hence there was no power with GNIDA to transfer the same to Sharp. He further claimed to have discovered other similar illegal allotments of water bodies by GNIDA to other third-parties.

4. The appellant urged that neither the mandatory environmental clearances under the Environmental (Protection) Act, 1984 had been obtained by the industrialists nor the statutory authorities applied their mind that the project would negatively impact the environment and human health. Laying support on the Ramsar Convention and Rule 4 of the Wetland (Conservation and Management) Rules, 2010 which prohibited reclamation of wetlands, setting up or expansion of industries, permanent construction or any other activity with potentially adverse effects on ecosystem, he sought cancellation of such illegal allotments and protection of water-bodies.

5. During pendency of the proceedings, GNIDA’s representatives started filing up certain ponds and started developing an alternate area (1.25 times bigger) as a new waterbody to save the allotment made in favour of Sharp (as admitted in an additional affidavit filed before the NGT on 15.01.2019 by GNIDA).

6. Over the course of proceedings, the