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2023 Supreme(Online)(NGT) 506

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
RAM KUMAR ITORIYA – Appellant
Versus
MADHYA PRADESH POLLUTION CONTROL BOARD – Respondent


Advocates:
For the Petitioner: PRATEEK JAIN, PRATEEK JAIN
For the Respondent:

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 documen

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