The tribunal determined that the contested land was privately owned, dismissing complaints regarding environmental damage due to a lack of evidentiary support for public status.

ORDER

1. The Original Application (herei nafter referred to as ‘O.A’) has been registered in exercise of suo-moto jurisdiction on a letter petition dated 25.07.2023 sent by Rakesh Bhardwaj complaining about encroachment and damage to a pond known as Darbari mal talab located at Ward No.1 near Hisar Byepass, Nagar Palika Meham, District Rohtak.

2. Complainant has said that due to inaction/neglect by Meham Nagar Palika, the pond has got filled with garbage; untreated waste water is being discharged in the pond; it has become habitat for poisonous snakes and other harmful creatures which enter the adjoining houses; during monsoon the water collected therein causes flooding in the adjoining houses numbering about 500 in Ward I; part of land of the pond has been encroached upon by land mafia; sludge/silt accumulated in pond has caused death of several cows, dogs etc. and once even a child was entrapped in the same.

3. Tribunal considered the matter on 11.01.2024 and after being prima facie satisfied that a substantial question relating to environment has arisen out of implementation of enactments specified in Schedule I of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’), found it appropriate to implead following as respondents:-

(1) State of Haryana, through Chief Secretary, Government of Haryana

(2) Commissioner, Municipal Corporation, Meham,

(3) District Magistrate, Rohtak and

(4) HSPCB, through its Member Secretary

4. Notices were issued to respondents requiring them to file their responses.

5. Haryana Pollution Control Board (hereinafter referred to as ‘HSPCB’) filed reply dated 11.03.2024 stating that site was inspected on 05.03.2024 when it was found that part of land was unclean and waste water was entering on the said land; and display board was placed on land in question indicating for not littering of waste thereat.

6. Respondent 2 i.e. Municipal Committee, Meham also filed reply dated 11.03.2024 stating that land in question falls in khasra No. 522, 584/1 and 584/3. As per jamabandi received from Tehsildar, Meham, said land was in private ownership. No part of land was shown as johad/talab therefore complaint that pond land has been filled with garbage and damaged is incorrect.

7. Respondents 1 and 3 through Deputy Commissioner, Rohtak also filed reply dated for 12.03.2024. Reply given by them is also similar to what has been stated by Municipal Committee, Meham. However, with regard to status of land, Deputy Commissioner, Rohtak has stated in para 5 as under:-

“5. That status of land in question is in doubt and to be checked and corrected if it is tempered wrongly. Since 1909, it has been a Gair Mumkin Johar by nature. Which now has been altered as Gair Mumkin. Besides it, it has a size of Khasra No. 584/1 Rakba 12 Kanal 10 Marle & 584/3 Rakba 19 Marle total Rakba 13 kanal 9 marle, which indicates that, it might have been marked for particular common purpose and uses. So to clarify and decide in this matter it is requested to you to grant few weeks time. Besides it, The directions passed by this Hon’ble Tribunal consequent to adjudication of present dispute shall be complied with by the answering respondent.”

8. This reply was considered by Tribunal on 03.09.2024. Tribunal noted that if there is a change in status of land on account of some tempering, matter requires detailed investigation and therefore Tribunal required Deputy Commissioner to file a fresh status report with regard to status of land in the light of enquiry made with regard to Revenue Entries. 9. Deputy Commissioner, Rohtak thereafter submitted another reply vide email dated 22.10.2024 wherein entire inquiry proceedings had been completed with which Deputy Commissioner has agreed. T