Back
2024 Supreme(Online)(NGT) 5147
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 Appellants/Petitioners: None
For the Respondents: Mr. Prashant M. Harne, Adv., Ms. Parul Bhadoria, Adv.
The Tribunal found no evidence of encroachment or environmental law violations, placing jurisdiction matters with the Collector for action.
Headnote:In this application, the Tribunal addresses allegations regarding illegal encroachment on a water body in violation of environmental laws and the cutting of trees. The court considered the committee's report which revealed no encroachment and insufficient evidence of tree plantations. The issues concerned whether the encroachment occurred and if environmental matters were involved. The court concluded that the matter is outside its jurisdiction with orders directed towards the Collector for any necessary actions per existing regulations. The application is duly disposed.
| Table of Content |
|---|
| 1. application concerning alleged illegal encroachment on a water body. (Para 1 , 2) |
| 2. committee's report indicating no encroachment or environmental violations. (Para 3 , 4) |
| 3. court's conclusion on jurisdiction and matter disposal. (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 Elect |
