The designation of land as a pond under revenue records requires factual substantiation, and the mere presence of water does not suffice to classify it as such under law.

ORDER

I.A. No.554/2024:

1. This is an impleadment application filed on behalf of Tikaram Charitable Trust praying for its impleadment as respondent in the matter on the ground that it is owner of land in dispute that is Gata No.97, 98, 207, 210, 211A, 211 and 212 (admeasuring about 4.689 hectares) situated at Village Kudikheda (Aurangabad), District Aligarh and Gata no.298 (admeasuring about 2.929 hectares) situated at Village Dhanipur, Aligarh. It is said that above Trust is necessary party since the dispute relates to property owned by it. We accordingly allow the application.

2. Following shall be impleaded as respondents in this matter:

I. State of UP through Secretary, Ministry of Environment Forest and Climate Kendriya Bhawan, 5^th Floor, Sector ‘H’, Aliganj, Lucknow,

II. District Magistrate, Aligarh, District e-Governance Cell, New Collectorate Building, Gate No.0-3 Jamalpur Road, Aligarh, Uttar Pradesh,

III. Uttar Pradesh State Pollution Control Board through Member Secretary, Uttar Pradesh Pollution Control Board, Avas Vikas Parishad Colony, Sector-10, Scheme No.- 3, Jhunsi, Prayagraj,

IV. M/s Tikaram Charitable Trust, Tikaram Mandir through its Joint Managing Trustee Shri Pawan Gupta son of Late Om Prakash Gupta resident Kothi Vijay Nikunj, Tikaram Mandir Marg, Aligarh

3. Original Application was registered on a letter petition dated 08.11.2023 sent by Vinesh and Hariom Kumar of Aligarh in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others, (2022) 13 SCC 401 .

4. Complainants have said that near Etah Chungi at Kamalpur Bypass Road, Aligarh, there is a pond, spread in 56 Bigha, which is now being encroached upon by certain land mafias who are filling the pond by soil using JCB machines and pumping out pond water using 20 generators day and night. The pond water is used by a population of 2 lakh houses for drinking purposes. There is severe scarcity of water due to depletion of ground water and lowering of water table on account of filling up of ponds and this is causing damage to environment.

5. Tribunal considered complaint on 27.09.2024 and found it appropriate to obtain a factual report, thus, constituted a Joint Committee comprising District Magistrate, Aligarh and Uttar Pradesh Pollution Control Board (hereinafter referred to as ‘UPPCB’). Committee was required to submit its report within one month. Tribunal also observed that, in case, District Magistrate finds that there is a pond as per Revenue Record and there is some encroachment, immediate preventive action shall be taken for protection of pond from further deterioration.

6. Consequently, District Magistrate, Aligarh submitted its reply dated 12.10.2024 vide email dated 14.10.2024, stating that site inspection was carried out by Joint Committee on 07.10.2024 and it was found that at that time land was dry and no pond was existed. Further at the time of inspection, no evidence of ongoing construction, water logging or presence of any pipeline was found on the land in question. Joint Committee found that a concrete drainage system was constructed on three sides of disputed land and residential population was located adjacent to land. Drain connects to canal stroke drain situated along side Eta Chungi, Kamalpur bypass road. Residential houses and shops were also found adjacent to this drain/stroke canal. Additionally a sumpwell was found installed for disposal of water by the trust i.e., Tikaram Charitable Trust who is the owner of the land in question. Observations of Joint Committee as reported in para 4 of District Magistrate’s reply are reproduced as under:

• “In the petition fil