Case Law
Subject : Environment Law - Water Pollution & Conservation
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
The petition, filed by
Acting on the petition, the NGT constituted a joint committee to investigate the allegations and submit a factual report.
The joint committee's report confirmed the presence of significant encroachments in
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 (
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.
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.
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.
#EnvironmentalLaw #WaterBodyProtection #NGTOrder #NationalGreenTribunal
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