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2025 Supreme(Online)(NGT) 1873
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
HON’BLE MR. SHEO KUMAR SINGH, J, HON’BLE DR. A. SENTHIL VEL, ACJ
Vinod Kumar Agarwal & Anr. – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondent
Original Application No. 180/2023(CZ)
For the Respondents: Mr. Prashant M. Harne, Adv., Ms. Parul Bhadoria, Adv.
The lack of evidence for encroachment and tree damage led to the dismissal of the environmental application, asserting the collector’s regulatory role over land ownership and construction.
Headnote:(A) Environmental Protection Act - Environmental rules - Illegal encroachment on water body and pond - Allegations regarding cutting and damaging of trees - Allegation of encroachment lacks evidence according to a committee report - No evidence found of intentional damage to trees - Application disposed of. (Paras 1-6)
(B) Land Ownership - Role of Collector in allotment and permissions for construction - Neelkanth Ashram management found to be constructing without permissions as per previous orders - Obligation to seek permission affirmed. (Paras 5-6)
Facts of the case:
The application raised concerns regarding illegal encroachment on a pond developed by a religious figure, with allegations of extensive tree damage. The committee found no evidence supporting claims of an encroachment in the area where trees once flourished.
Findings of Court:
The claim of illegal encroachment on the pond was dismissed due to lack of evidence, and it was emphasized that any future constructions by the Neelkanth Ashram should comply with legal regulations regarding land ownership.
Issues: The main issue involved whether the alleged encroachment on the public utility pond constituted a violation of environmental laws and if trees had been unlawfully destroyed.
Ratio Decidendi: The court found that the evidence presented did not support the claims of tree destruction or encroachment. The land's ownership and construction permissions should involve the Collector's oversight.
Result: Original Application No. 180/2023(CZ) stands disposed of.
| Table of Content |
|---|
| 1. illegal encroachment on water body (Para 1 , 2) |
| 2. committee findings and inspections (Para 3 , 4) |
| 3. role of collector in land ownership and construction permissions (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 | 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 |
| 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, | 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 Electrici |
