ORDER

1. Grievance in this application is against obstruction of Karonda Nala (drain) at Vivekanand Nagar, Sector D, Damoh, MP by raising construction by respondent No. 3, Sh. Shusheel Gupta. Since the blocking of a drain will result in damage to the environment and may result in flooding of sewage water affecting the public health.

2. The matter was taken up by this Tribunal on 02.03.2021 and the direction was issued to the committee to submit an independent report.

The relevant portion of the order is quoted below :-

“2. Accordingly, we direct Nagar Palika Damoh, M.P. to verify the facts and take such further action as may be necessary following the due process. We also constitute a joint Committee comprising District Magistrate, Damoh, Nagar Palika Damoh and State PCB to furnish an independent report to this Tribunal within one month 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. The State PCB will be 2 the nodal agency for compliance. If findings are adverse to respondent No. 3, a copy of the report be simultaneously furnished to respondent No. 3 so that respondent No. 3 can take his remedies in the matter, including response before the Tribunal.

List for further consideration on 17.05.2021.

A copy of this order be forwarded to the District Magistrate, Damoh, Nagar Palika Damoh and State PCB by e-mail for compliance. The Applicant may serve set of papers on District Magistrate, Damoh, Nagar Palika Damoh and State PCB and file affidavit of service within one week from today.”

3. The Joint Committee submitted a report with the facts that during the inspection and inquiry, it was found that Khasra No. 01 area 2.582 hectares is recorded as Karonda Nala, property of Madhya Pradesh Government. The respondent no. 3 had made certain constructions over the nala without any permission from the Competent Authority. It has further been submitted that the respondent has made further construction of railing and boundary wall in the northern-western corner in the area about 200 sq. ft., which was illegal and for which the 3^rd respondent has given consent to demolish it or remove it. It is further reported that in the western side the unauthorized gate was constructed in the public property, nala. The report further reveals that applicant has also made certain construction like pillar at the border of the nala.

4. The matter was again taken up on 25.06.2021 and the Tribunal observed as follows :-

“5. Learned Counsel appearing for the applicant has submitted that he want to file objections. Anyone of the respondents, if aggrieved by the facts as narrated in the report of the committee may file their objection within 15 days.

6. The Collector, Damoh is directed that the Khasra No. 01 Rakba 2.582, which is recorded as Karonda Nala must be protected and may not be made subject of encroachment. The area must be measured, demarcated and if any unauthorized construction is found within the area of Khasra No. 01 or the Karonda Nala as recorded in the Revenue records of Madhya Pradesh Government, illegal unauthorized construction must be removed according to law. Objections, if any with further action taken report by the Collector, Damoh be filed within four weeks.

7. Respondents are directed to submit their reply through e-mail at ngtczbbho-mp@gov.in preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.”

5. The applicant has filed the reply/objection on the report of the Joint Committee, point-wise as follows :-

“2. The content of point 1 para 2 are उक्त ब दिं ु ज िंच मे ऩ य गय की

2.582 . . ( )

खसर न रकव हैक्टेअर म ्ቚ श सन न ऱ करोंद न ऱ दजज है

. 3 ्ቚततव दी ्ቅ द्व र नगर ऩ लऱक द्व र तनलमतज न ऱे ऩर म ्ቔ ऩुलऱय न ई गई है जजससे न ऱे के ऩ नी की तनक सी मे ककसी ्ቚक र की तनक सी मे ककसी ्ቚक र की ध उत्ऩन नहीिं हो रही है जकक ह व सुच रु रूऩ से हो रह , This fact is incorrect, true fact is respondent no. 3 have है

construct culvert according to their feasibility