Item No.3 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

Original Application No.140/2024(CZ)

(I.A.No.18/2025)

Dharmendra Singh Bhadauria Applicant (s)

Vs.

State of Madhya Pradesh & Ors. Respondent(s)

Date of Hearing: 01.04.2025 CORAM : HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER For Applicant (s): Mr. Naveen Ahuja, Adv.

For Respondent(s) : Mr. Gaurvanvit Jain, Adv. with Ms. Parul Bhadoria, Adv.

Mr. Prashant M. Harne, Adv.

Mr. H. M. Naik, Adv.

Mr. Balendu Dwivedi, Adv.

ORDER

1. The issue of encroachment on the green area of river Shipra within the limits of 200 meters from the holy river Shipra was raised in this application and a committee was constituted to submit the factual and action taken report. The committee visited the site and submit the report with the following facts :

1- Town & Country Planning Ujjain has granted the site approval to Smt. Meena Mittal W/o Shri Vijay Mittal, Adi 3, 22 Patwa Bakhar Patni Bazaar Ujjain vide their letter no. 149 dated 31.01.2012 for the development of Hotel in the area 0.418 hectares on survey no. 68/2/2/2 and 68/2/2/3 Gram Nanakheda, Ujjain.

2- Nagar Palik Nigam Ujjain has granted Bhawan Nirman Anugya vide their letter no. 775 dated 30.07.2012 to Smt. Meena Mittal W/o Shri Vijay Mittal, Smt. Sarla Mittal and Smt. Jamna Mahajan W/o Shri Umesh Mahajan, survey no. 68/2/2/2, 68/2/2/3 Colony Mari; Nanakheda Haripharak Ring Road, Ujjain.

3- Consent to Establish is granted to Mis Mittal Avenue, Plot no. 67, by outward no. 11113 dated 23+10.2015, CCA Fresh is granted to Hotel Mittal Avenue, Plot no. 67 by outward no. 12066 dated 08.02.2016 86 CCA Renewal is granted to M/s Shree Balaji Enterprises, Plot no. 67 by outward no. 20485 dated 14.11.2023 by M.P. Pollution Control Board. The consent application for the remaining part of the hotel is under process.

4. Revenue Inspector, Tehsil Kothi Mahal, Ujjain has submitted report to Sub Divisional Magistrate, Anubhag Kothi Mahal, Ujjain regarding demarcation /site inspection of survey no. 68/2/2/2, 68/2/2/3, 69/1/2 and 69/3.

5. According to Upper Collector, District Ujjain letter no. 8394 dated

05.10.2023 addressed to SDM Revenue, Kothi Mahal reveals that Hotel Withal/ Mittal Resort, Nanaldieda Ujjain has encroached green belt area beside the river. up-to 200 meter from the revenue map boundary of river by constructing Marriage garden, area 0.47 hectare, Godol.vn of size 25x60 &Fri, Swimming pool and Cottages area 0.17 hectare at afferent survey no.

6. SDM Revenue, Kothi Mahal vide letter no. 456 dated 27.10.2023 has written to Commissioner, Ujjain Municipal Corporation to direct the concerned to remove the encroachment (permanent construction) from green belt.

7. Building officer, Zone no. 6, Ujjain Municipal Corporation has issued following letter to Vijay Kumar Sio Kishan Lal, Meena W/o Vijay Kumar, Sarla W/o Pa an Kumar, Jarnna W/o Umesh Mahajan survey no. 67, 67/1, 67/2, 68/2/2/2, 68/2/2/3 Hariphatak Marg, Ujjain.

8. During Joint Committee inspection of the site as guided by ADM, District Ujjain, SDM, Kothi Mahal, Ujjain, Officials of Town and Country Planning, Ujjain Municipal Corporation and Water Resources Department by taking bank of river as a base point 200 meter distance from the origin and High Flood Level (H FL) have been marked. However previously demarcation was already carried out by the Revenue Inspector, Tehsil Kothi Mahal, District Ujjain.

Conclusion:-

Further necessary action is to be taken by Ujjain Municipal Corporation regarding encroachment as mentioned in demarcation report.

Recommendation:-

Ujjain Municipal Corpor