Joint committee using satellite imagery and drone surveys determines water body boundaries aligning with development plan, prevailing over unexecuted historical proposals; NGT approves post-hearings with pollution and encroachment prevention directives.

ORDER

1. The main issue involved in this matter is identifications, demarcations and protection of waterbody known as Taliya Talab. The grievance of the applicant as alleged is encroachment on water body, on the basis of forged and fictitious map, which was intentionally used for grabbing the State land or the pond area for purposes other than the purpose prescribed by law through deceitful means causing loss to the State land and acting on such a document though it is not a document for purporting to be made in official capacity by the authorized authority. By deceitful means using the unrecognised map area which was within the submergence of pond (doobe kshetra) was left out of the proposed map while other area is included causing loss to some of the persons and advantage to another ones and committing criminal offence. It has further been contended that the map which was not recognised as per law was presented before the proceedings of the Court/ Tribunal, assuming it to be true with intention to be acted upon by the Court/Tribunal and thus causing interference in the judicial/quasi judicial proceedings.

2. The preparation of map, action on the correct map and keeping of records are within the domain of Collector. Accordingly, Collector, Mandsaur was directed to immediately proceed with the matter and to see personally and to decide the correct map and to act upon the correct map. Since, the matter is serious in nature and directly or indirectly affecting the environment and encroachment on the water bodies, it required proper hearing and issue of notice and thus notices were issued to respondents. Respondents have filed the reply and rest of the respondents/intervener filed objection/reply, I.A., written submissions.Parties in this case were also directed to submit their reply.

3. Different I.As have been moved by the interveners to be impleaded as a party in this case., I.A. No. 67/2022, I.A. No. 77/2022, I.A. No. 78/2022, I.A. No. 16/2023, I.A. No. 33/2023, I.A. No. 34/2023, I.A. No. 38/2023, I.A. No. 39/2023, I.A. No. 40/2023, I.A. No. 45/2023, I.A. No. 46/2023, I.A. No. 63/2023, I.A. No. 64/2023, I.A. No.65/2023, I.A. No. 84/2023, I.A. No. 85/2023, I.A. No.118/2023, I.A. No. 132/2023 and I.A. No. 10/2024 were filed during the proceeding of this Tribunal and after giving an opportunity of hearing to all the newly added intervener and respondents, they were given an opportunity of placing the facts and arguments. On 16.10.2023 the matter was heard and it was reserved for order. In the meantime, another application, I.A. No. 118/2023 and I.A. No. 132/2023 were filed before this Tribunal and after giving an opportunity of hearing to all these interveners, the matter was again heard and again reserved for the orders.

4. The brief facts giving rise to the present petition are that an Original Application No. 100/2018(CZ) was filed before this Tribunal which was heard and finally decided vide order dated 17.02.2016. Aggrieved by the order, the appellant filed an appeal before Hon’ble Supreme Court of India being Civil Appeal No. 5328-5329/2016.

5. During the pendency of the appeal another Original Application No. 70/2022 (present matter) was filed before this Tribunal. A bunch of litigation, SLP (C) No. 12945/2018/19, C.A No. 409-410 of 2021, C.A No. 407-408 of 2021, C.A No. 2370-2371 of 2021, C.A No. 10239 of 2018 was filed before the Hon’ble Supreme Court of India and the matter was heard and decided vide order dated 22.03.2023. The matter was communicated by the office of the Registrar, Supreme Court of India to the Registrar of NGT, CZB, Bhopal which was received in this office on 06.04.202