Point of Law: Protection and improvement of environment and safeguarding of forests and wild life.— The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country

JUDGMENT :

1. This Public Interest Litigation (PIL) has been instituted by the petitioner, who claims to be the Chairman of the Legal Cell of the registered Society, “Support India Welfare Society”. One of the objects of the Society is to take up the cause of public importance for its redressal for the marginal sections of the society.

2. The grievance raised in this Public Interest Litigation is in respect of illegal encroachments over pond over Plot Nos. 253 & 254 situated at Village – Rajpur, Tehsil & District – Agra by the land mafias in collusion with the local officials. The said plots are intended to be used for the construction of multi-storey building by the powerful and influential persons of the city. It is stated that in the District – Agra, the land mafias are indulged in encroachments of the public utility land, particularly, ponds/water bodies. The petitioner has brought on the record a copy of the revenue record to demonstrate that Plot Nos. 253 & 254 are recorded as pond (Pokhar).

3. It is stated that the petitioner had made several representations to the concerned authorities and when no action was taken, the petitioner filed Public Interest Litigation No. 4502 of 2018, which was disposed of by this Court vide order dated 4th October, 2018, directing the District Magistrate, Agra to take appropriate action, in accordance with law.

4. Pursuant to the order of this Court, the petitioner submitted a detailed representation on 22/27th October, 2018 before the District Magistrate, Agra. The District Magistrate, Agra directed to conduct an inquiry and it was found that Plot Nos. 253 area 0.1150 hectare has been encroached upon by the RCL Public School and a direction was issued to the Nagar Nigam, Agra for the removal of the encroachment and to restore the pond. It is stated that in spite of the order of the District Magistrate, Agra dated 6th May, 2019, no effective step has been taken for the removal of the encroachment. The petitioner has brought on the record some of the documents to indicate that the encroachment still exist.

5. We have heard learned counsel for the petitioner and learned standing counsel for the State.

6. The learned counsel for the petitioner submits that the Supreme Court, in a large number of judgments, has issued directions to all the Chief Secretaries of the States for removal of the encroachments from the water bodies. Learned counsel for the petitioner has placed reliance on the judgment in the case of Hinch Lal Tiwari Vs. Kamala Devi & Others, (2001) 6 SCC 496, Jagpal Singh & Ors. Vs. State of Punjab & Ors., AIR 2011 SC 1123, Jagat Narain And Others Vs. State of U.P. And Others, 2015 (3) ADJ 466 (DB), and P.S. Shisodia Vs. Board of Revenue Alld., 2008 (1) R.D. 15..

7. This Court also, following the judgments of the Supreme Court, has issued directions to the authorities for the compliance of the judgments of the Supreme Court.

8. It is apposite at this stage to set out the relevant statutory provisions contained in Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 and the executive orders, which deals with the Ponds/water bodies in this state.

“Section 4: Vesting of estates in the State:- (1) As soon as may be after the commencement of this Act the State Government may, by notification, declare that as from a date to be specified, all estates situate in Uttar Pradesh shall vest in the State and, as from the beginning of the date so specified (hereinafter called the date of vesting), all such estates shall stand transferred to and vest, except as hereinafter provided, in the State free from all encumbrances.

(2) It shall be lawful for the State Government, if it so considers necessary, to issue, from time to time, the notification referred to in sub-section (1) in respect only of such area or areas as may be specified and all the provisions of sub-section (1) shall be applicable to and in the case of every such notification.

117. Vesting of certain lands, etc. in Gaon Sabhas and other l