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2024 Supreme(Online)(NGT) 5352
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
VINOD KUMAR AGARWAL – Appellant
Versus
M.P POLLUTION CONTROL BOARD – Respondent
180/2023 / BHOPAL
For the Petitioner: CR.JAYA SUKIN
For the Respondent:
Item No. 01 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)
Original Application No. 180/2023(CZ)
Vinod Kumar Agarwal & Anr. Applicant(s)
Vs.
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 02.07.2025 CORAM : HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER For Applicant (s): None.
For Respondent(s) : Mr. Prashant M. Harne, Adv.
Ms. Parul Bhadoria, Adv.
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. D
