Environmental degradation claims were dismissed due to evidence showing encroachment on cremation ground rather than pollution of a pond.

ORDER

1. Issue raised in this application is environmental degradation and public health hazards arising in Village Majri Kalan, Tehsil Neemrana, District Kotputli-Behror, Rajasthan. It is alleged that Respondent Gram Sarpanch Mrs. Beena Yadav, her Husband Hardeep Yadav and Rajendra Singh have been running an illegal stone cutting factory in the village and engaged in disposing the liquid waste from the factory and the village sewer line is also being diverted in a pond located on Khasra No. 1917/1495, In process they have destroyed the nearby vegetation of the pond Which was originally meant for Rain water harvesting resulting in creating a public health crisis for the nearby houses. The action on the part of Respondents is in violation of the Water (Prevention and Control of Pollution) Act, 1974 .

2. After taking the cognizance of the matter, the Tribunal constituted a committee consisting representative of the District Magistrate, District Kotputli-Behror, Rajasthan and one representative from the Member Secretary, Rajasthan State Pollution Control Board with direction to submit the factual and action taken report. Submission of the applicant is that this application has been filed for preservation and conservation of a pond in village Majri Kalan and further contention that stone-cutting factory is being illegally operated polluting the pond.

3. The Deputy Collector, District Kotputli-Behror, Rajasthan and the Regional Officer, State Pollution Control Board examined the matter, visited the site and after collecting the relevant record and facts, submitted the report with the following facts:-

4. With the report, the copy of the Jamabandi Khewat has been attached in which the area as narrated by the applicant is shown as Gair Mumkin Shamshan (Hindu Cremation Ground).

5. The submission of the learned counsel for the respondent are that the applicant has encroached over the government land is evident from the fact that the Court of Learned Tehsildar Neemrana, District Kotputli-Behror, Rajasthan issued notices dated 10.01.2024 and 28.02.2024 to the applicant in this regard. However, the applicant continued his encroachment over the government land. The Court of Learned Tehsildar vide order dated 15.03.2024 declared applicant as encroacher.

6. The answering respondent vide letter dated 07.05.2024 filed a complaint before the Sub-Divisional Magistrate, Kotputli-Behror with respect to the encroachment over the cremation ground by the applicant and other local residents. The commercial use of agriculture land by the applicant is evident from the report of Patwari submitted to the Tehsildar, Neemrana, which clearly reveals that the applicant has illegally established marriage home/ garden on agriculture land without any permission from the competent authorities.

7. The Tehsildar Neemrana filed a Civil Suit against the applicant before the Court of Learned Sub-Divisional Officer, Neemrana, District Kotputli- Behror, Rajasthan with respect to commercial use of agriculture land i.e. by establishing marriage garden in agriculture land without land conversion. The Learned Court vide order dated 21.10.2024 issued directions of status quo for the disputed property.

8. As per the joint committee report, the disputed place is cremation ground and there is no pond as acclaimed by the applicant. Further, the joint committee during the course of inspection has observed that the waste from the marriage garden of the applicant is being dumped into the disputed place through drains.

9. Further submission of the respondent are that a case