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2025 Supreme(Online)(NGT) 323
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
MR. JUSTICE SHEO KUMAR SINGH, DR. VIJAY KULKARNI, JJ
DHARMENDRA SINGH BHADAURIA S/O SOBRAN SINGH BHADAURIA – Appellant
Versus
STATE OF MADHYA PRADESH THROUGH DISTRICT COLLECTOR – Respondent
IA No. 18/2025 / BHOPAL
For the Petitioner: NAVEEN AHUJA
For the Respondent:
Encroachments within designated green belt areas are illegal and must be removed to comply with environmental regulations.
Headnote:(A) M.P. Municipal Corporation Act, 1956 - Section 5(7) - National Green Tribunal Act, 2010 - Encroachment on green belt area near river Shipra - The petitioner constructed illegal structures within 200 meters of the river without proper permissions, violating environmental regulations. The court emphasized the need for compliance with the National Green Tribunal's directives regarding encroachments. (Paras 1, 5, 8, 9)
(B) Environmental Law - The court reiterated that constructions within designated green belt areas are illegal and must be removed to preserve ecological balance. (Paras 5, 6)
Facts of the case:
The petitioner constructed a marriage garden, swimming pool, and cottages within the green belt area beside the river Shipra, violating the encroachment regulations. The Municipal Corporation issued notices for removal of these illegal constructions.
Findings of Court:
The court found that the constructions were illegal and directed their removal by 30th May 2025, emphasizing adherence to environmental laws.
Issues: The main issues included the legality of the constructions within the green belt and the compliance with the National Green Tribunal's orders.
Ratio Decidendi: The court held that the constructions were unauthorized as they fell within the prohibited distance from the river and lacked necessary permissions, thus must be demolished.
Result: Writ Petition dismissed; petitioner directed to remove illegal constructions by 30th May 2025.
ORDER
1. The issue of encroachment on the green area of river Shipra within the limits of 200 meters from the holy river Shipra was raised in this application and a committee was constituted to submit the factual and action taken report. The committee visited the site and submit the report with the following facts :
1- Town & Country Planning Ujjain has granted the site approval to Smt. Meena Mittal W/o Shri Vijay Mittal, Adi 3, 22 Patwa Bakhar Patni Bazaar Ujjain vide their letter no. 149 dated 31.01.2012 for the development of Hotel in the area 0.418 hectares on survey no. 68/2/2/2 and 68/2/2/3 Gram Nanakheda, Ujjain.
2- Nagar Palik Nigam Ujjain has granted Bhawan Nirman Anugya vide their letter no. 775 dated 30.07.2012 to Smt. Meena Mittal W/o Shri Vijay Mittal, Smt. Sarla Mittal and Smt. Jamna Mahajan W/o Shri Umesh Mahajan, survey no. 68/2/2/2, 68/2/2/3 Colony Mari; Nanakheda Haripharak Ring Road, Ujjain.
3- Consent to Establish is granted to Mis Mittal Avenue, Plot no. 67, by outward no. 11113 dated 23+10.2015, CCA Fresh is granted to Hotel Mittal Avenue, Plot no. 67 by outward no. 12066 dated 08.02.2016 86 CCA Renewal is granted to M/s Shree Balaji Enterprises, Plot no. 67 by outward no. 20485 dated 14.11.2023 by M.P. Pollution Control Board. The consent application for the remaining part of the hotel is under process.
4. Revenue Inspector, Tehsil Kothi Mahal, Ujjain has submitted report to Sub Divisional Magistrate, Anubhag Kothi Mahal, Ujjain regarding demarcation /site inspection of survey no. 68/2/2/2, 68/2/2/3, 69/1/2 and 69/3.
5. According to Upper Collector, District Ujjain letter no. 8394 dated 05.10.2023 addressed to SDM Revenue, Kothi Mahal reveals that Hotel Withal/ Mittal Resort, Nanaldieda Ujjain has encroached green belt area beside the river. up-to 200 meter from the revenue map boundary of river by constructing Marriage garden, area 0.47 hectare, Godol.vn of size 25x60 &Fri, Swimming pool and Cottages area 0.17 hectare at afferent survey no.
6. SDM Revenue, Kothi Mahal vide letter no. 456 dated 27.10.2023 has written to Commissioner, Ujjain Municipal Corporation to direct the concerned to remove the encroachment (permanent construction) from green belt.
7. Building officer, Zone no. 6, Ujjain Municipal Corporation has issued following letter to Vijay Kumar Sio Kishan Lal, Meena W/o Vijay Kumar, Sarla W/o Pa an Kumar, Jarnna W/o Umesh Mahajan survey no. 67, 67/1, 67/2, 68/2/2/2, 68/2/2/3 Hariphatak Marg, Ujjain.
| S. No | Letter No. | M.P.N.P.N Adhiniyam 1956 | Subject |
| 1 | 945/2023 dated 01.12.2023 | Section 307 | बिना ्ቭीकृ बि ्ቚा् बकये अवेध बनर्ााण के संिंध र्ें |
| 2 | 946/2023 dated 04.12.2023 | Section 307 | बिना ्ቭीकृ बि ्ቚा् बकये अवेध बनर्ााण के संिंध र्ें |
| 3 | 993 /2023 dated 20.12.2023 | Section 436 | अवेध बनर्ााण हटाये जाने के स ंिंध र्ें |
8. During Joint Committee inspection of the site as guided by ADM, District Ujjain, SDM, Kothi Mahal, Ujjain, Officials of Town and Country Planning, Ujjain Municipal Corporation and Water Resources Department by taking bank of river as a base point 200 meter distance from the origin and High Flood Level (H FL) have been marked. However previously demarcation was already carried out by the Revenue Inspector, Tehsil Kothi Mahal, District Ujjain.
Conclusion:-
Further necessary action is to be taken by Ujjain Municipal Corporation regarding encroachment as mentioned in demarcation report.
Recommendation:-
Ujjain Municipal Corporation shall remove the aforesaid encroachment portion of green belt area at the earliest.
2. Learned Counsel for the State of MP Mr. Prashant M. Harne has filed the reply and argued that in compliance of the order of the National Green Tribunal, the Municipal Corporation Ujjain issued notices to the violators to remove the encroachments within a time frame and aggrieved by the order the M/s Mittal Resorts filed a Writ Petition No. 05/2025 before the Hon’ble High Court of MP at Indore and the court vide order dated 06.01.2025 disposed of this Writ Petition with direction to the respondent to remove
