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2025 Supreme(Online)(NGT) 1059
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
JUSTICE SHEO KUMAR SINGH, J, DR. A. SENTHIL VEL, ACJ
Vinod Kumar Agarwal – Appellant
Versus
State of Madhya Pradesh – Respondent
Original Application No. 180/2023(CZ)
For the Respondents: Mr. Prashant M. Harne, Adv., Ms. Parul Bhadoria, Adv.
Environmental claims must be substantiated, and jurisdiction over land follows the authority of the Collector.
Headnote:(A) Environmental Law - Encroachment on water body and tree cutting - Allegations of illegal encroachment on a pond and deforestation were raised against a college, leading to ecological concerns. It was found that the claims of tree numbers and pond existence were unsubstantiated, with necessary actions to be taken by local authorities. (Paras 1, 2, 5, 6)
(B) Jurisdiction of Authorities - The Collector holds the jurisdiction over land allotments and environmental claims must align with governmental procedures and approvals. The court concluded that no environmental matter was established warranting intervention. (Paras 5, 6)
Facts of the case:
Allegations of illegal construction over a pond affecting local ecology were made, with reports stating no significant findings of environmental degradation or encroachment during inspections.
Findings of Court:
The application was dismissed due to lack of evidence substantiating environmental harm, and the Collector's jurisdiction was reaffirmed.
Issues: The court addressed whether encroachment and environmental degradation claims were valid based on site inspections and local authority reports.
Ratio Decidendi: The court determined that environmental claims must be evidenced and fall under the jurisdiction of the Collector, reaffirming the principle that public utility lands cannot be illegally altered without proper permissions.
Result: Original Application dismissed.
| Table of Content |
|---|
| 1. claim of illegal encroachment raised. (Para 1 , 2) |
| 2. no environmental harm substantiated. (Para 5 , 6) |
ORDER
1. The issue raised in this application is illegal encroachment on the water body/pond in Bela khas Patwari Halka Varhi Mehar District Satna (M.P.) in violation of environmental rules and cutting and damaging of the trees against the settled principles laid down by Hon’ble Supreme Court of India in case of M.C. Mehta vs. Kamalnath (1997) 1 SCC 388. 2.
2. It is alleged that entries no 304, 305, 308 and 309 are recorded at government/public land in the nature of pond and was developed by Swami Neelkanth Ji Maharaj as huge pond with plantation of 1000 big and small green trees of various varieties which was used for drinking water to the villagers and the animals and the same has been subject of encroachment causing presentation of the present application.
3. The matter was taken up by this Tribunal on 13.12.2023 and a committee was constituted with direction to submit the factual and action taken report.
4. In compliance of the order the Members of the Committee visited the site and submitted the report as follows :
A. Background and Specific Issues in this matter:-
► The issue raise in this application is illegal encroachment on the water body/pond in Bela Khas Patwari Halka Varhi Mehar District Satna (M.P.) in violation of environmental rules and cutting and damaging of the trees against the setteled principles laid down by Hon1ble Supreme Court of India in case of M.C. Mehta vs. Kamalnath (1997)1 sec 388.
► It is alleged that entries no 304, 305, 308 and 309 are recorded at government/public land in the nature of pond and was developed by Swami Neelkanth Ji Maharaj as huge pond with plantation of 1000 big and small green trees of various varieties which was used for drinking _water to the villagers and the animals and the same has been subject of encroachment causing presentation of the present application.
B. Factual status Reprot of the major issues raised in The petition:-
| S. N | Detail of Issues | Factual status |
| 1 | The present Application is filed presently against the illegal possession of the public utility Pond (Talab) which will result in felling down thousand number of trees, gallons of water and loss of oxygen for many a creatures i.e., birds, animals and humans by the Respondent no.5 i.e. barn Mahadev Das for the wrongfully construction over the pond in Bela Khas, Patwari Halka varhi, taluk mehar, District Satna, Madhya Pradesh in violation of several Environmental laws and rules, | Forest department stated vide letter no. 64 dated 07.01.2024 (Annexure--- 4) that the said place itself is Khasra No. 304, 305. In which the Swami Narayan Das college building and boundary wall construction work has been done by the Swami Neelkanth institute. And adjoining of Swami Narayan Das college building Swami Vivekananda Government college campus has been situated in Khasra No. 308 and part of 308, in which educational work is being conducted. In the presence of Committee, a walk around of the premises of Swami Narayan Das college was conducted in which Eucalyptus trees were found uprooted and cut. The uprooted and cut trees were measured on the spot and mauka panchnama was prepared on dated 04.01.2024, again the measurement of trees standing in institute was done in front of Sevadar Shri Rajendra Tiwari and other employees in which only 3 pieces of Palash, Neem and Bel tress were found in the premise’s. During joint Visit dated 06.01.2024 the statement of Sevadar Rajaram Tiwari was noted that "I have been serving the ashram for last 16 years, to my knowledge there was 10-12 trees present in the premises, which gradually fell during the storm, just 3-4 month ago Eucalyptus trees adjacent to the boundary line had fallen on the power line. Information about these was given to the Electricity department by the institute. On the request of the Electricity department the institute got the fallen tress cut and kept aside. A similar  |
