Item No. 2 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

Original Application No.48/2023(CZ)

Ajay Singh Chaouahan Applicant(s)

Vs.

State of Madhya Pradesh & Ors. Respondent(s)

Date of Hearing: 23.11.2023 CORAM : HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. A SENTHIL VEL, EXPERT MEMBER For Applicant(s): Ms. Meenakshi Patidar, Adv.

For Respondent(s) : Mr. Mehul Bhardwaj, Adv.

Ms. Parul Bhadoria, Adv.

Mr. Prashant Sthapak, Adv.

D.M. Ujjain (M.P.)

ORDER

1. Issue raised in this application is encroachment and construction as alleged in the flood zone of river Kshipra in district Ujjain. This Original Application has been filed under Sections 14, 15 and 18 of National Green Tribunal Act, 2010 by applicant claiming to be a journalist by profession, also working for protection of rights of public with regard to preservation of environmental aspects.

2. It is alleged that respondent no. 5 i.e., Shri Balaji Associates has raised constructions within the flood zone of River Kshipra in District Ujjain. A boundary wall has been constructed within the periphery of 200 meters from River Kshipra. Various complaints were made by applicant to various authorities but the grievance is that no action has been taken by the concerned authorities on the complaints made by applicant. Some of copy of complaints made to Chief Minister Helpline (Online Portal), Commissioner of Municipal Corporation Ujjain, Collector of District Ujjain have been filed as annexure A/3 and A/4 to the application. It is also said that as per draft of Ujjain Development Plan 2035 notified in the Gazette 2 of State of Madhya Pradesh, an area of 200 meters from both sides of River Kshipra is declared as green belt, hence, no construction is permissible in the said area but in violation, thereof, respondent no. 5 has raised construction in the prohibited area.

3. The matter was taken up by this Tribunal on 06.07.2023 and it was observed as follows :

“3. In our view, a substantial question relating to environment due to application of Statutory Enactments under Schedule to National Green Tribunal Act, 2010 has arisen but before taking any further action in the matter, we find it appropriate to obtain a factual report in respect of the allegations made by applicant, for which purpose, we constitute a joint Committee comprising Madhya Pradesh Pollution Control Board, Collector Ujjain, representative of Principal Secretary of Ministry of Water Resources/Jal Shakti, Government of Madhya Pradesh and Regional Officer, Integrated Regional Office, Ministry of Environment, Forest and Climate Change, Bhopal who shall visit the site, collect relevant information and submit a factual as well as action taken Report within six weeks by e-mail at judicial- ngt@gov.in preferably in the form of searchable PDF/OCR support PDF and not in the form of Image PDF.

4. Madhya Pradesh PCB will be nodal agency for co-ordination and compliance.”

4. In compliance of the order joint committee visited the site and submitted the report as follows :

“In compliance of the above direction, the joint committee visited area under question at Ujjain on 16th August, 2023 to assess the factual status of allegations made in the petition.

The main contentions of the petition is "It is alleged that respondent no. 5 i.e., Shri Balaji Associates has raised constructions within the flood zone of River Kshipra in District Ujjain. A boundary wall has been constructed within the periphery of 200 meters from River Kshipra."

The committee made the following observation during site visit on the above mentioned issues:-

1. Shri Balaji Associates (Solitaire Hotel) has obtained NOC/Permission/Consent for Survey no. 3413/3, 3414/1/1 Min 2 86 3441/1 Min 2, Total Raba 7150 Square Meter Chintaman Road, Ujjain District Ujjain from following Govt. Agencies :

(i)Town 86 Country Planning Ujjain Letter no. 2189 dated 17-

09-2014 annexed.

(ii) Bhawan Nirman Anugya from Nagar Palik Nigam Ujjain , Zone