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2024 Supreme(Online)(NGT) 2979
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Ratneshwar Jan Kalyan Samiti – Appellant
Versus
State of Uttrakhand – Respondent
Original Application No. 54/2023 (IA No. 130/2024)
For the Appellants/Petitioners: Rahul Khurana
For the Respondents: Himanshu Pal, Himanshu Khurana, Mukesh Verma, Sanjay Upadhyay, Rohan Talwar, Anirudh Bhatia, Mansi Bachani, Gitanjali Sanyal
Private water bodies over 2 ha must comply with Wetland Rules, 2017 for maintenance, irrespective of ownership.
Headnote:The application under Sections 14 and 15 of the National Green Tribunal Act, 2010 concerns degradation of Benital Lake, reduction in extent, illegal tree felling, and encroachments. Court constituted a Joint Committee to verify facts using revenue records and satellite images, finding minor reduction in lake area, unauthorized constructions, and lack of maintenance but no recent tree felling. Respondents affirmed private ownership and maintenance since 1945. Key issue framed as protection of water body exceeding 2 hectares. Ratio holds that private ownership does not exempt compliance with Rule 4 of Wetlands (Conservation and Management) Rules, 2017, requiring status quo maintenance. Original Application disposed with consent, directing all parties to maintain lake status per Rule 4, with periodic monitoring by Uttarakhand State Wetland Authority and Pollution Control Board.
ORDER
1. Heard Mr. Himanshu Pal, Advocate for respondents No.1 to 3 along with Mr. Himanshu Khurana, DM, Chamoli (through VC) Mr. Mukesh Verma, Advocate for respondent no.4 (through VC) Mr. Sanjay Upadhyay, Senior Advocate with Mr. Rohan Talwar, Mr. Anirudh Bhatia, Ms. Mansi Bachani and Ms. Gitanjali Sanyal, Advocates for respondents no.5 and 6. 2. This original application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been filed by Ratneshwar Jan Kalyan Samiti, a Society registered under the Societies Registration Act, 1860, stating that there is a lake namely Benital Lake in district Chamoli, State of Uttarakhand. It is catering needs of watersheds to many villages and, also called as “Benital-Palgad watershed”. The extent of Benital Lake has reduced in past sometime and standing trees on side of lake have been cut illegally, therefore, a Committee should be constituted to investigate the matter with the help of satellite image and to submit its report to protect Benital Lake from degradation and direction be issued to respondents to place a time bound action plan to restore Benital Lake to its natural and enriched state.
3. Further directions are sought from this Tribunal to respondent 5 and 6 restraining them from altering nature and status of Benital Lake and disturbing its natural status.
4. Tribunal considered grievances on 14.02.2023, and found it appropriate to constitute a Joint Committee comprising representative of Chief Secretary, Government of Uttarakhand, Principal Chief Conservator of Forest (HoFF), Government of Uttarakhand, Uttarakhand State Pollution Control Board and District Magistrate, Chamoli, so as to get the facts verified.
5. The said Committee was directed to look into the grievance of applicant, verify factual position regarding the extent and catchment area of lake with the help of revenue record and satellite images and suggest appropriate remedial action for removal of encroachments and restoration of catchment area to protect Benital Lake from degradation.
6. Pursuant to order dated 14.02.2023, Additional District Magistrate, Chamoli submitted a report dated 15.04.2023, giving details of certain constructions near lake and also position of trees, in the form of two separate charts as under:
English Translation by Tribunal:
Description of the structures established around Benital Lake
| Sr. No. | Name of Building Owner | No. / Type of Structures | Area (Approx.) Sq. meters | Remarks |
| 1 | 2 | 3 | 4 | 5 |
| 1- | Sh. Rajiv Sareen S/o Sh. PremnathAadi | 04 | 281.19 | House / Toilet |
| 2- | Sh. Vinod Singh S/o Sh. Balwant Singh | 03 | 62.35 | House / Cow Shed / Toilet |
| 3- | Sh. Chatar Singh S/o Sh. Balwant Singh | 01 | 115.42 | House / Cow Shed / Toilet |
| 4- | Sh. Birender Singh S/o Sh. Amar Singh | 05 | 135.43 | House / Cow Shed / Toilet |
| 5- | Old Nandadevi Temple | 01 | 72.96 | Temple / Courtyard |
| 6- | Water Tank | 01 | 3.06 | Water Tank |
| य र् :- | 15 | 670.41 |
7. Joint Committee, however, submitted its Report dated 27.04.2023, stating that Benital is a village where in Khatoni Khata No.1, Khasra No.71, area 2.006 hectare is recorded in the category of transferrable Bhumidar in the name of Sh. Rajiv Sarin, Ajit Sarin sons of Premanath, Aditya Sarin son of Rajiv Sarin in Fasli year 1427- 1432. In Khasra No.73 and 74, in village Randoli, Tehsil Aadibadri, District Chamoli, some constructions have been raised by Birender Singh, Vinod Singh, Chatar Singh and Pradeep Singh without any permission from concerned authority. It is also stated that in Khatoni Khata No. 2 of village Khasra No.95 area 6.359 hectares is a category 5(2) i.e., Puraniparti Jangal revenue register whereof some constructions have been made by certain persons.
8. So far as Bential Lake is concerned, there was lot of aquatic vegetation and it appears that proper maintenance was lacking. However, it could not be ascertained that any tree has been cut in the last 5 years. The area /extent of Benital Lake has reduced by 0.116 hectares as per GPS mapping. Rest complaint made by applicant was not found to as a
