Item No. 08 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

Original Application No.37/2024(CZ)

Madhusudhan Chauhan Applicant (s)

Vs.

State Of M.P. & Ors. Respondent(s)

Date of Hearing: 04.09.2024 CORAM : HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER For Applicant (s):

For Respondent(s) : Mr. Prashant M. Harne, Adv. with Mr. Mehul Bhardwaj, Adv.

Mr. Pranjal Pandey, Adv. on behalf of Ms. Parul Bhadoria, Adv.

ORDER

.

1. This letter petition has been filed by one Madhusudhan Chauhan R/o Jeet Nagar Bilawali, Ganesh Nagar, Indore with the facts that the builder is constructing residential complex in violation of environmental rules and developing the pond area by means of encroachment by the colonizer. In various judgments Hon’ble the Supreme Court and this Tribunal had directed hat water body should be protected, identified and demarcated and there shall not be any discharge of untreated water into the water body and there should not be any encroachment.

2. The matter was taken up by this Tribunal by the committee consisting Collector and one representative of the State PCB was constituted with direction to submit the factual and action taken report. The Members of the committee visited the site and submitted the report as follows :

1 “1. Bilawali lake is located on Inodre-Khandwa Road in Indore. The total area of the lake is185.80 hectares and falls under the jurisdiction of the Indore Municipal Corporation.

2. There are some commercial activities and road in East direction and some residential houses in South-East direction. Agriculture land in North-West and South-West direction.”

Observation

1. The Joint Committee has visited the Bilawali Lake and the area where construction by Colonizer.

2. Google map of the Bilawali Lake and location of developing Colony adjacent to the lake is enclosed as Annexure-2.

3. The Pal (Boundary) is made on Bilawali Lake by making pathway and slope towards lake side and outer side. The pathway is fenced with iron grill at both side.

4. It is found that a area is being developed in North side of Bilawali Lake. Shri Harish Upadhyay (Developer) was present during visit at developing site.

5. Development of area seen in North direction of Bilawali Lake. Boundary wall of developing area has been made along with road inside the area. No construction of building was found during visit in the area, which can be perused in Google map (Annexure-2).

6. The details of land owner is as (1) Shri Dilip Kumar Kasliwal S/o Shri Narendra Kumar Kasliwal (2) Shri Aniruddh Kasliwal S/o Shri Dilip Kumar Kasliwal (3) Shri Aditya Kasliwal S/o Shri Dilip Kumar Kasliwal reside at 582, Kalyan Bhawan, MG Road, Indore, land located at Khasra No. 11/4, 12/4/1/1, 12/5, 12/6, 12/4/1/2, 12/7/1/K/1, 12/9, 12/10/1/1/1, 12/10/1/1/2, 12/4/Min-1, 12/4/3/1/1, 12/10/1/2/1/2, 14/3, total area 2.640 hectare. Village- Limbodi, Tehsil 86 District-Indore (M.P.) as per Town 86 Country Planning (T86CP) Department, District-Indore letter no. INDLP5544/

19 dated 27/06/2019.

7. The land is being developed by Lakshya Creation who’s partners are (1) Shri Kailash Singh S/o Shri Jugraj Singh Raghuwanshi and (2) Shri Sudheer Upadhyay S/o Shri Kamta Prasad Upadhyay, address- U.G.-7, Shekhar Villa, FF-29-30, Scheme No. 54, Vijaynagar, Indore. Shri Sudheer Upadhyay, was present during inspection and signed on Panchnama made during inspection.

8. Following permissions have been obtained by the land owner/

developer for development of the area :

2 (1) Approval for residential plot development from Town & Country Planning (T85CP) Indore vide letter no. INDLP- 5544/ 19 dated 27/06/2019. Copy of the letter attached as Annexure-3.

(2) Permission for development of residential plots from Indore Municipal Corporation vide letter no. 451/colony cell/2020 dated 01/07/2020. Copy of the permission letter is enclosed as Annexure-4.

(3) Contour plan and cross sectional details of the land area with respect