The absence of encroachment on the water body and the jurisdiction of the local authority to manage land use were affirmed.

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:-

C. Observations:

1. During inspection of the site no facts were found that 1000 trees had been planted.

2. In Arazi no. 305 86 304 Siksha Mahavidhyalay and handicapped school are run by Swami Narayan and remaining part of arazi no. 304 Swami Narayan Das Siksha Mahavidhyalay and residential building are build.

3. In Arazi No. 308 and309. Government Swami Vivekanand College is running.

4. There is no pond, pond like structure present in said land

5. There no encroachment has been found in the said land.

6. During Site visit trees were found uprooted and cut in Swami Narayan Das college premises.

D. Action Taken:-

As per the order of Court Collector District Satna Madhya Pradesh case no. 6/A- 19/94-95 etc. on dated 22.06.1995 that Neelkanth Ashram would not have any ownership over the said land nor could it be sold without the permission of the collector. But Neelkanth Ashram management has constructed a new college building without obtaining collector permission. So against the Neelkanth Ashram management action will be taken as per Rule.

E. Recommendation:-

The Neelkanth Ashram management should not do any further Expansion work like Construction etc. in future without obtaining the permission of the District Magistrate (collector) because as per the order of Court Collector District Satna Madhya Pradesh case no. 6/A19/94-95 etc. on dated 22.06.1995 the ownership of the said land Tests with the Collector.

5. Learned Counsel for the State Shri Prashant M. Harne has filed the reply on behalf of the respondent and submitted that no ponds like structure was found there and as per report of the joint committee no encroachment has been found. It is further submitted that during the site visit of the committee trees were found uprooted due to winds there is no evidence that intentionally the trees have been damaged. The members of the joint committee