ORDER

1. Issue raised in this application is tree cutting and illegal occupation and construction of Building on Khasra no.92/3, area 0.0540 hectare, Gram Koh-e-Fiza, Patwari, Halka NO. 81, Tehsil Huzur, District Bhopal , which falls in green belt area of upper lake and also falls within 50 meters buffer around full tank limit of Bhoj Wetland.

2. It is further contended that the private respondent has obtained the building permission certificate for constructing building over the said land from respondent under the pretext of breaking/altering the prior constructed building on the said land since 1973. However, no such prior constructed building was found on the said land when the satellite imagery of said land of year 2010 has been obtained by the applicant and also no such prior construction building is found on such land by Bhopal Municipal Corporation in year 2016 when the corporation was doing the work of beautification of VIP Road. It is further submitted that construction raised by the respondents are in violation of Master Plan, Bhopal Development Plan 2005, Bhopal Municipal Corporation Building Plan 2005.

3. The matter was taken up by this tribunal and a committee was constituted consisting one representative from the Collector, Town and Country Planning, State Wetland Authority and Member Secretary, MPPCB to visit the site and submit the factual and action taken report. In compliance thereof the members of the committee visited the site and submitted the report as follows :

“Joint committee conducted a site visit of khasra no. 92/3 situated in Village-Kohefiza, Tehsil-Huzur, District-Bhopal on dated 09/10/2024. During site visit, apart from the Joint Committee members following officials, Ms. Prakamya Tiwari, AE, RO, MPPCB, Bhopal, Shri Firoz Ali, Revenue Inspector, Ms. Meenu Goswami, Patwari, Halka 81, Village- Kohefiza, Tehsil – Huzur, District Bhopal were present during inspection. The Advocate of petitioner Shri Arpit Saxsena (Mob No.- 7777888844) was informed of the visit via phone call. The petitioner Danish Khan and the representative of the mentioned site Shri Touheed Qureshi were also present during the inspection. The Photographs and Google Maps are enclosed as Annexure- I. The Geographical locations, photographs and visual observations were recorded during inspection and the observations are as under: -

1. The petitioner Shri Danish Khan showed the site and the site is located at Village-Kohefiza, Tehsil-Huzur, District-Bhopal, Madhya Pradesh.

2. The geographical location of the site is latitude 23(cid:176) 15’ 35.09" N and longitude 77(cid:176) 22’ 56.75" E.

3. A road connecting the VIP road and Sultania Road is passing from thewest side of the site. The Upper lake is located on North side of the site.

4. The site is covered with a RCC boundary wall of approximately 5 feet height all around with a metal sheet entry gate opening towards the road.

5. An under construction building structure with column and slab of two storied was found constructed at the site. The no construction activities were observed during inspection.

.6. No construction machinery and construction material was found stored within the site.

.7. The site is surrounded with plantation from three sides. A high tension line is passing across the site parallel to North- South direction and near the East side of the site.

8. The slope of the land is towards upper lake from said building.

9. No evidence of cutting of trees are observed during inspection.

10. Using the Google Earth Pro computer application, the minimum distance from the north face of the site mentioned in the petition to the nearest boundary of Upper lake is coming out to be approximately 65 Meters.

INFORMATION PROVIDED BY TOWN & COUNTRY PLANNING DISTRICT OFFICE BHOPAL:

1. In references to the petition, information was sought from the T&CP District office Bhopal vide letter no. 2397 dated 14/10/2024. T&CP vide letter no. 1766 dated 15/10/2024 has provided the information. The main points of t