Laws, Courts & Judgments.

National Green Tribunal Orders Restoration of Encroached Water Body

Overview of the Case

In a significant ruling on February 17, 2025, the National Green Tribunal (NGT) addressed the issue of illegal encroachment on a water body in Amroha, Uttar Pradesh. The case, registered as Original Application No. 219/2024, was brought forth by Syed Ashhar Tauseef against Kamal Faruqui and several educational institutions operating on the encroached land. The Tribunal's decision underscores the importance of preserving wetlands and enforcing environmental laws.

Background

The applicant, Syed Ashhar Tauseef , alleged that Respondent No. 1, Kamal Faruqui, had unlawfully constructed four educational institutions— Rashida Begum Muslim Vidyalaya , Mesco Public School, Mesco Institute of Pharmacy, and Mesco Institute of Nursing and Para-Medical Science—on Gata No. 403 and 404, which are registered as a pond (Talab) in the revenue records dating back to the 1359 fasli year. The applicant contended that these constructions were based on fabricated documents obtained from the Municipal Council of Amroha.

Legal Framework and Arguments

The NGT highlighted the legal framework established by the Wetlands (Conservation and Management) Rules, 2017 , which prohibits the conversion of wetlands for non-wetland use, including encroachments. The Tribunal referenced several Supreme Court judgments, including Hinch Lal Tiwari v. Kamla Devi and Jagpal Singh v. State of Punjab , emphasizing the necessity of protecting water bodies for ecological balance and public welfare.

The respondents raised preliminary objections regarding the applicant's motives, citing personal animosity stemming from family ties to the institutions involved. However, the Tribunal dismissed these objections, asserting that the environmental concerns raised warranted examination on their merits.

Findings and Judgment

The Tribunal's investigation revealed that the land in question had indeed been registered as a pond and that the constructions had resulted in the complete destruction of this water body. The report from the District Magistrate confirmed that the educational institutions were operating on land that had been filled in, effectively eliminating the pond.

The Tribunal rejected the respondents' proposal to create a new water body on adjacent land, stating that an artificially created water body could not replace the ecological and hydrological significance of the original pond. The ruling emphasized that the preservation of natural water bodies is crucial for maintaining ecological integrity.

Conclusion

The NGT ordered the restoration of the water body at Gata No. 403 and 404, granting the respondents one year to relocate their infrastructure to prevent disruption to the students currently enrolled in the institutions. This ruling serves as a critical reminder of the legal obligations to protect wetlands and the consequences of encroachment, reinforcing the Tribunal's commitment to environmental conservation.

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Bench: Hon’ble Mr. Justice Prakash Shrivastava , Hon’ble Mr. Justice Sudhir Agarwal , Hon’ble Dr. A. Senthil Vel
Case Timeline: Original Application filed in 2024, judgment pronounced in 2025.
Legal Sections Invoked: Wetlands (Conservation and Management) Rules, 2017; Environment (Protection) Act, 1986.
Key Precedents: Hinch Lal Tiwari v. Kamla Devi; Jagpal Singh v. State of Punjab.