ORDER

1. The issue raised in this application is the violation of provisions of the Water (Prevention & Control of Pollution) Act, 1974, the Mines and Minerals (Regulations and Development) Act, 1957 and the Environment (Protection)

Act, 1986.

2. Grievances of the applicant are the illegality alleged to be committed by the respondent no. 5 in City Datiya for illegally digging/cutting the hills situated at Khasra No. 1302, Village Datia Gird, Tehsil Datiya City, District Datia, M.P. having total area of 6.726 Hq. and filling up adjoining lake situated at Khasra No. 1279, Village Datia Gird, Tehsil Datiya City, District Datia, M.P.

3. The contention of the applicant is that the illegal actions of mining and destroying the water-bodies by the respondent nos. 5 & 6 from the last year and cutting the hill in bits and pieces and filling up the lake by the debris are in violation of environmental rules.

4. The matter was taken up by this Tribunal on 10.07.2023 and after considering the facts as narrated by the parties observed as follows :- 1. “From the reply it is evident that existence of Asnai Talab (waterbody) is not in dispute. But with regard to other facts, neither reply nor the documents appended thereto give comprehensive and a correct picture. In view of the above, we find it appropriate to obtain a factual report, for the purpose whereof we constitute a Joint Committee comprising District Magistrate Datiya, State Pollution Control Board, Irrigation Department/Jal Shakti Department and Integrated Regional Office, MoEF Bhopal.

2. State Pollution Control Board shall be the nodal agency for coordination and compliance of this order.

3. Committee shall visit the site, collect relevant information and submits report within two months by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR support PDF and not in the form of Image PDF.”

5. The regional officer vide inspection report dated 14.02.2023 has submitted the fact that Khasra No. 1302 which is of different number has been recorded in the name of different persons in the revenue records and khasra no. 1279 is recorded in the name of Saroj Singh w/o Vikram Singh etc. which is recorded as agriculture land. The submission of respondent no. 3 District Mining Officer is to the fact that the land is recorded in the name of private owners and is private land and concerned land owners were carrying the process of cutting the stones in order to make the land cultivable.

6. It is further submitted that leveling of hillock on the subject to private land do not amount to violation under Mineral (Regulation and Development) Act, 1957. The joint committee consisting District Magistrate, Datiya, Irrigation Department, Jal Shakti Department, State Pollution Control Board and Regional Officer submitted the factual and action taken report after visit and inspection as follows :-

“STATUS OF LAND OWNERSHIP OF LAND AT KHASRA NO. 1279 AND 1302 :

1. The Asnai Talab is situated at Khasra No. 1279 in Village Datia Gird, Tehsil Datia City, District Datia, MP. This is a private water body having total area 10.677 hectare. This talab is in existence from historic times and situated within boundary of Govind Niwas Palace. This talab was constructed to beautify the palace and its surroundings and regularly maintained by its owner. For reference order of Rajasava Mandal is enclosed. As per revenue record present owner of the Asnai talab water body are as follows:

i. Smt. Saroj Singh w/o Shri Vikram Singh ii. Shri Rishabh Singh s/o Shri Vikram Singh iii. Shri Yashdev Singh s/o Shri Vikram Singh The copy of khasra showing ownership of khasra no. 1279 water body and khasra map is enclosed.

2. This talab is not used as water source for city water supply. In North-West direction of talab Govind Mahal is situated.

3. As per khasra record, the land use of land bearing khasra no.

1302 is recorded as agriculture land but actually this has to be recorded as Asnai talab water body.

4. The land bearing khasra