ORDER

1. Heard the learned counsel for the parties and perused the records.

2. Grievance in this application is encroachment on the water bodies and public land in the village Udaipuriya of city Jhabua in the survey no. 198 situated in an old government drainage, in which as alleged some persons by cutting the trees and filling the drainage has constructed huts, and by this way the wide drainage has turned into a narrow drainage, resulting blockage in the free flow of water and threat to the environment. It is further alleged that due to blockage in the drainage system, there is a possibility of spreading of deadly diseases like Dengu, Malariya and entire area is suffering from such serious diseases. The matter was taken up on 01.07.2020 and Collector Balaghat with State Pollution Control Board were directed to submit a factual and action taken report.

3. The mater was taken up on 13.07.2020 and it was observed as follows :

“1. For the negligence of those to whom public duties have been entrusted, can never be allowed to cause public mischief. The collector is the representative of the State and it is his duty to protect the property of the State and the public and also to reply the matter with regard to the State subject. In spite of the order dated 03.03.2020 issued by this Tribunal to submit a report and call the Collector, he failed to comply the order and failed to submit a report. This is called failure of rule of law.

2. The collector is directed to submit a report positively on or before 13^th October, 2020 and also to remain present on the date fixed to reply on the matter in issue.

3. It is to be noted that non-compliance of the order of the Tribunal be treated as disobedience and matter may be initiated for necessary punitive actions.”

4. Again the matter was taken up on 13.10.2020 and the Collector was directed to submit factual and action taken report with regard to the water bodies on the State land and action taken against the persons, who have encroached the land but nothing has been reported by the Collector. One Anuvibhaygia Adhikari (Revenue) has submitted the report with the facts that survey no. 198 area 2.15 hectare is recorded as government land/ drainage system but out of the total area .0075 hectare of land has been made subject of encroachment by 14 persons and in accordance with the provision contained in Section 248 of Madhya Pradesh Land Revenue Code, 1959 have been initiated and notice has been issued by the concerned Tehsildar against those persons. No progress has been reported by the Collector and nothing has been submitted by the authorities concerned with regard to the removal of encroachment and protection of water bodies.

5. The matter was taken up on 24th June, 2021 and after hearing the parties and perusal of records the Tribunal observed as follows:

“4. The matter of discharge of untreated water into the water bodies and encroachment on water bodies have been taken up by this Tribunal in Original Application No. 673/2018, In Re: News item published in The Hindu authored by Shri Jacob Koshy, titled―More river stretches are now critically polluted, the Tribunal observed as follows :

5. The Hon‘ble Supreme Court has noticed the level of degradation of rivers in India and apathy of the authorities as follows:

“58. Rivers in India are drying up, groundwater is being rapidly depleted, and canals are polluted. Yamuna in Delhi looks like a black drain. Several perennial rivers like Ganga and Brahmaputra are rapidly becoming seasonal. Rivers are dying or declining, and aquifers are getting over pumped. Industries, hotels, etc. are pumping out groundwater at an alarming rate, causing sharp decline in the groundwater levels. Farmers are having a hard time finding groundwater for their crops e.g. in Punjab. In many places there are serpentine queues of exhausted housewives waiting for hours to fill their buckets of water. In this connection John Briscoe has authored a detailed World Bank Report, in which he has