The State has a duty to protect water bodies under the Public Trust Doctrine, ensuring compliance with environmental laws and addressing illegal encroachments.

ORDER

1. This letter petition has been filed by one Jagdish Prasad Devgan, son of Shri N.K. Devgan a social worker of Post-Baloda via, Tehsil - Baloda, District - Janjgir, Champa, Chhattisgarh with the allegation that land which is known and recorded as a pond, a water body (Khasra No. 3451, 3452, 3453 Babu Pond no. 3754, Noni Pond No. 3753, Ramsagar Pond Mine 3485, Andhari Talab Khan 3487) situated at village Baloda, Nagar, Panchayat Baloda, Tehsil - Baloda, District Janjgir, Champa are subject of various encroachment illegally and unauthorized and there are various constructions without any authority in violation of Environmental Rules.

2. It is further submitted that near bus stand the Khasra no. 2591, which is approximately 3.46 acre in the Baloda Nagar, the untreated sewage water is being discharged in the water body without any management plan and provision for treatment of the sewage.

3. The Government Tendu Dbari Talab situated in Khasra no. 3782, 3783, 3784, Government Talab No. 1515, area 1.65 acre and other water bodies in the State of Chhattisgarh are subject to encroachment by various persons and no public authorities are taking care to comply the orders passed by Hon’ble the Supreme Court of India.

4. The matter was taken up by this Tribunal and a joint committee was constituted with direction to submit the factual and action taken report. In compliance of the order the Joint Committee visited the site and submitted the report as follows :

“The committee held a meeting on date 15/10/2024 and 18/10/2024 at Circuit House, Baloda, District- Janjgir-Champa. On date 18/10/2024, the committee visited the sites where illegal encroachments have been done around and in the ponds. First, the committee visited the Noni Talab and Noni Talab Paar (Khasra no. 3754 and 3753) near Bajrang Chowk. The committee noticed that several encroachments have been made in the Noni talab and also visited the house of one of the encroachers. The encroacher stated that he has been staying in the encroached area for about 30 years now.

After that, the committee visited the Tendu Dabri Talab (Khasra no. 3783) near Police Station, Baloda. There also, the committee. The committee noticed that people encroached a lot of area of this Talab and some constructed temporary vegetable gardens and have been trying to subjugate the whole pond. Then, the committee visited the Vilakhpur Dabri (Khasra no. 2591) near Bus Stand. The committee noticed that the area is filled with Jal Kunbhi. The committee also noticed that there are several encroachments and the Nagar Panchayat has constructed shops on the encroached area. The situation of encroachers in these areas is that they have been living there from 5 years to 20-25 years.

After the site visit, the committee did a brief meeting in the circuit house on the same day. In the meeting, it was decided that as there is dense encroachment in the above mentioned ponds and the municipal elections are also approaching, it would be appropriate to issue notice to these encroachers through Nagar Panchayat, Baloda. Thus, the CMO Baloda was instructed to issue necessary eviction notices to encroachers as per the rules and regulations.

The CMO Baloda has thereby issued eviction notices to a total 163 persons in Baloda on date 19/10/2024 as stated in his letter dated 21/10/2024. The CMO has also submitted in his letter dated 19/10/2024 addressed to SDM Baloda that the Nagar Panchayat is in the process of removing encroachments in the water bodies. However. he has also mentioned the posSibility of the upcoming municipal elections afecting the same. A copy of the notices sent to the encroachers and the letters of CMO Baloda dated 19/10/2024 and 21/10/2024 is attached as Annexure-03 to this report.

The reason behind halting the immediate removal of the encroachments is the restriction imposed by the Election Commission of India. The Secretary, Election Commission of India in his letter dated 19/02/2004 has issued a direction to all s