ORDER

1. Grievance in this application is against encroachment of pond in village Gobindpura, Tehsil Jagadhri, District Yamuna Nagar, Haryana in Khasra No. 1347/246/2 (18-12) and 470 (8-3) by the Municipal Corporation, Yamuna Nagar for setting up of its own office. Apart from encroachment, there is dumping of debris and failure to maintain the pond. Complaint dated 03.01.2020 has been made on the portal of the (cid:145)Haryana Pond and Waste Water Management Authority(cid:146), but no action has been taken. The area is a (cid:145)dark zone(cid:146) in terms of ground water. Thus, the pond has great significance for ground water recharge, water availability and other environmental functions.

2. Vide order dated 22.12.2021, the Tribunal sought a factual and action taken report from a joint Committee of District Magistrate, Yamuna Nagar and State PCB.

3. In pursuance of above, the State PCB has filed its report on 12.08.2022 to the effect that office building for the Corporation has now been approved at a different location. There is no encroachment nor dumping of debris in and around the pond.

4. In view of above, no further order is required except that the pond may be duly restored in accordance with the directions already issued vide order dated 18.11.2020 in Original Application No. 325/2015, Lt. Col. Sarvadaman Singh Oberoi v. Union of India & Ors. Extracts from the said order are as follows:-

(cid:147)7. (cid:133). It was further directed that capacity of the water bodies be increased to utilise surplus rain water and rain water harvesting structures be set up in the sub-watersheds utilizing the MGNREGA funds, involving the community at large including the panchayats which action may be coordinated by the District Magistrates, Department of Irrigation and Flood Control, Department of Rural Development/Urban Development/Local Bodies/Forests/Revenue etc. On both these aspects, the Tribunal sought report from the CPCB. The operative part of the order dated 1.6.2020 is reproduced below:-

(cid:147) (cid:133) (cid:133). (cid:133).

5. Having regard to the fact situation noted above, we extend the time for the States to complete action in terms of order dated 25.02.2020 till 31.07.2020. The CPCB may thereafter file its report by 31.10.2020 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.

6. However, we wish to add a further direction having bearing on the subject. We have already noted the significance of protection and restoration of water bodies for the environment. The protection of water bodies not only add to availability of water for different purposes, it also contributes to recharge of ground and maintaining e-flow in the rivers, is congenial to micro climate in sub-watersheds as well as enhancing the natural aesthetics. While the rain water harvesting is certainly important, harvesting surplus water during excessive rains from any areas of catchment needs to be optimized by enhancing the capacity of the existing ponds/water bodies, creation of water harvesting structures in the sub-watersheds to the extent possible, apart from setting up of additional water bodies/water harvesting structures wherever viable, utilizing available funds including under MGNREGA and involving the community at large at every level. Gram Panchayats can certainly play a significant role in the matter. Once adequate capacity enhancement of waterbodies takes place, excess flood/rain water can be channelized by using appropriate water harvesting techniques. This action needs to be coordinated by the District Magistrates in coordination with the Department of Irrigation and Flood Control or other concerned Departments such as Department of Rural Development/Urban Development/Local Bodies/Forests/Revenue etc. The District Magistrate may as far as possible hold a meeting of all the stakeholders for the purpose as per the District Environment Plan or Watershed Plan within one month fro