NGT Orders Removal of Encroachments from Water Bodies in Chhattisgarh, Emphasizing Public Trust Doctrine

NGT Directs Chhattisgarh Authorities to Remove Encroachments from Water Bodies

Bhopal, India – The National Green Tribunal (NGT), Central Zone Bench, Bhopal, has ordered the District Magistrate of Janjgir-Champa, Chhattisgarh, to ensure the removal of illegal encroachments from various ponds and water bodies in Baloda , emphasizing the state's duty as a trustee of natural resources under the Public Trust Doctrine. The order came in response to a petition filed by social worker Jagdish Prasad Devangan , highlighting widespread encroachments and untreated sewage discharge into these vital water sources.

Case Background: Allegations of Widespread Encroachment

The petition, filed by Jagdish Prasad Devangan , brought to the NGT's attention the alarming state of several ponds in Baloda , including Babu Pond , Noni Pond , Ramsagar Pond, and Andhari Talab , identified by specific Khasra numbers. Devangan alleged illegal and unauthorized encroachments and constructions violating environmental regulations. He further pointed out the discharge of untreated sewage into a water body near the bus stand and general encroachment across various water bodies in Chhattisgarh.

Acting on the petition, the NGT constituted a joint committee to investigate the allegations and submit a factual report.

Joint Committee Report: Confirmation of Encroachments

The joint committee's report confirmed the presence of significant encroachments in Noni Talab , Tendu Dabri Talab, and Vilakhpur Dabri. The report detailed instances of both temporary and permanent encroachments, including shops constructed by the Nagar Panchayat on encroached land. Eviction notices were issued to 163 individuals, but the removal process was reportedly hampered by upcoming municipal elections and related directives from the Election Commission of India.

State's Response and Ongoing Action

The State of Chhattisgarh, along with other respondents, submitted compliance reports detailing actions taken. Revenue officials confirmed encroachments on several Khasra numbers, including Khasra No. 3753 ( Noni Talab ) and Khasra Nos. 3487, 3483/1, 3483/2, 3483/3, and 3486. The District Administration stated that legal proceedings under Section 248 A of the Chhattisgarh Land Revenue Code 1959 had been initiated against encroachers, and eviction notices had been served.

NGT's Observations: Right to Clean Environment and Public Trust Doctrine

The NGT bench, comprising Hon’ble Mr. Justice Sheo Kumar Singh (Judicial Member) and Hon’ble Dr. Afroz Ahmad (Expert Member), reiterated the fundamental right to a healthy environment, citing Article 21 and Article 48(A) of the Constitution. The Tribunal emphasized the crucial role of water bodies and the detrimental effects of pollution and encroachment.

Referencing previous judgments and established legal principles, the NGT highlighted the Public Trust Doctrine, stating:

> “Under the Public Trust Doctrine, the State has to act as trustee of the water bodies to protect them for the public use and enjoyment for current and future generations.”

The Tribunal quoted extensively from Supreme Court judgments, including Hinch Lal Tiwari v. Kamala Devi and Intellectuals Forum v. State of A.P. , underscoring the state's responsibility to protect natural resources like ponds and tanks as nature's bounty, essential for maintaining ecological balance and public health.

Previous NGT Orders and Guidelines

The judgment also referenced earlier NGT orders, including O.A. No. 417/2022 (Niranjan Bagchi vs. State of Uttarakhand & Ors.) and O.A. No. 325/2015, highlighting the importance of floodplain protection and water body restoration. It cited guidelines issued by the Central Pollution Control Board (CPCB) and the Ministry of Urban Development for water body conservation and restoration.

Final Order and Implications

Considering the reports and ongoing actions, the NGT disposed of the application, directing the District Magistrate to continue the encroachment removal process in accordance with the law and court orders.

> "Accordingly, we direct the District Magistrate to remove the encroachments from the State Land or the Water bodies accordingly to rules subject to orders of the competent court."

This order reinforces the NGT's commitment to protecting water bodies from illegal encroachments and emphasizes the state's obligation to act as a trustee in safeguarding these vital resources for public use and environmental sustainability. The case serves as a reminder of the ongoing challenges in balancing development with environmental protection and the judiciary's role in ensuring the enforcement of environmental regulations.