Disposed

Behari Lal Chaturvedi v. Ministry of Jal Shakti

NGT11 Mar 2022IA No. 19/2022 in Original Application No. 326/2021

Case brief

AI extract

What is this about?

The applicant challenged encroachment of the Yamuna floodplain by respondents allegedly in the guise of undertaking plantation and park development. A joint committee report confirmed unauthorized construction and diversion of drains. The Court accepted the report and directed the District Magistrate to demarcate floodplain boundaries and ensure stopping of such unregulated activities.

What did the court decide?

The District Magistrate, Mathura is directed to take action based on the joint Committee report, demarcate FPZ boundaries, and ensure no unauthorized activities are carried out.

Behari Lal Chaturvedi vs Ministry of Jal Shakti — Environment and Pollution | NGT (2022)

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(Court No.01)

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Item No. 08

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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(By Video Conferencing)

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Original Application No. 326/2021 (I.A. No. 19/2022)

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Behari Lal Chaturvedi

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Applicant

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Versus

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Ministry of Jal Shakti & Ors.

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Respondent(s)

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Date of hearing: 11.03.2022

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CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER

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Applicant: Mr. Nadeem Qureshi, Advocate

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Respondent: Mr. Akshaya, Advocate for Yamuna Mission, respondent No.2

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ORDER

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Grievance in this application is against encroachment of Yamuna floodplain by respondent no. 2, Yamuna Mission, Mathura. It is stated that though ostensibly acting to preserve and clean river Yamuna and undertaking plantation drive, in the garb of such activities, Yamuna floodplain is being encroached. The applicant has filed photographs showing construction on the ghats and copies of complaints made to the authorities.

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On consideration of the matter, the Tribunal sought a factual and action taken report from a joint Committee of CPCB, State PCB, District Magistrate, Mathura and Executive Engineer, Upper Division, Agra Canal.

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Accordingly, report has been filed on 16.02.2022 on behalf of the joint Committee after visit to the site with following observations and suggestions: -

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“Observations:

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The joint committee visited the Ghats viz. behind Kans Kila, Gao ghat, Swami ghat, Dhruv ghat, Sudarshan ghat and Mahadev ghat etc. on the Yamuna River bank, Mathura. (annexure-01)

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It was observed that Yamuna Mission, Mathura has constructed appx. 25 - 100 meter wide earthen corridor in the Yamuna River stretch about 6-8 kms. (annexure-02)

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In the corridor, huge plantation has been done by the Yamuna Mission, Mathura. (annexure-03)

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In the corridor, a lot of barbed wire fencing and small cemented brick wall construction also has been done. (annexure-04)

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These corridors have been developed as parks now. In these parks more than 100 small swings has been installed. In the gaur ghat, regular aarti is being performed by Yamuna Mission, Mathura. (annexure-05

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Some sewage effluent drains have been diverted during this construction activity by Yamuna Mission, Mathura. (annexure-06)

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As informed by representative of Yamuna Mission, Mathura that this work is being carried out since February-2015 to till now.

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As informed by representative of Yamuna Mission, Mathura that no permission has been taken from any concerned departments in Mathura for these activities. There is no technical feasibility or impact study report available for these activities on the Yamuna river.

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It was not clear to the joint committee that Ghats areas and river bank land belongs to which departments. It seems that some parts belong to Mathura-Vrindavan Nagar Nigam, Mathura and some parts belong to Irrigation department. Due to this joint committee decided to take correct information from the concerned departments.

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Joint committee instructed to RO Mathura for issue letter to Mathura-Vrindavan Nagar Nigam and Irrigation department for providing information with details with reference to this Court order (annexure-07)

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RO, Mathura has issued letter to Mathura-Vrindavan Nagar Nigam and Irrigation department for providing information with details with reference to this court order (annexure-08)

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As per the information provided by Irrigation department, no permission has been granted to Yamuna Mission, Mathura for these unauthorized activities in the bank of Yamuna River. (annexure-09)

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Due to these unauthorized activities in the bank of Yamuna River, one FIR has been lodged by Upper Div. Agra Canal, Irrigation Dept. Mathura, in the Thana Govind Nagar on dated 03.11.2018 against Yamuna Mission, Mathura copy of the FIR is enclosed as annexure-10.

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As per the information provided by the Mathura-Vrindavan Nagar Nigam No permission has been granted to Yamuna Mission, Mathura for these unauthorized activities in the bank of Yamuna River.

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Notices issued dt. 25.01.2022 and 03.06.2021 by MathuraVrindavan Nagar Nigam to Yamuna Mission for stopping of all unauthorised encroachments work, (annexure-11).

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Suggestions:

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Concerned departments (Mathura-Vrindavan Nagar Nigam and Upper Div. Agra Canal, Irrigation dept. Mathura) should demark their boundaries on the river bank and ensure no unauthorized activities should carried out on the river bank of Yamuna

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Concerned departments should do the maintenance and management of the ‘ghats’ cleanliness and preserve natural ecology of river Yamuna.

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On the River bank of Yamuna Ghats, the unauthorized constructed corridor should restore in their natural stage.

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As no permission has been taken by Yamuna Mission, Mathura for these unauthorized encroachments activities in the bank of Yamuna River by concern departments, so Honourable NGT Court may issue order to concerned departments to take appropriate action for these unauthorised activities. ”

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We have heard learned counsel for the parties. From the report of the joint Committee comprising of statutory regulators/authorities, submitted after undertaking visit to the site on 12.01.2022 and 13.01.2022, it is clear that there are some unauthorised activities on the floodplain of the river. The Committee has suggested demarcation of boundaries of the River bank and identifying responsible authorities for protection of the flood plains. We do not find any reason not to accept the report. The report is also backed by photographs which are annexed. Accordingly, the report is accepted.

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There can be no two views that plantation and developing Biodiversity parks in flood plain zone are the permitted activities but even such activities can be done as per law, including the Notification of NMCG. FPZ should not be encroached. Filling up soil, laying earthen

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walkways/roads or installation of other facilities and structures have to be as per requisite sanctions. Diversion of sewage drains has also to be done properly and not in the manner found to have been done in the present case.

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Accordingly, the District Magistrate, Mathura is directed to take further action in terms of recommendations of the joint Committee along with the DFO, Mathura, by coordinating with the concerned Departments. Demarcation of FPZ be done and development of green belt and other river front development activities should be without any unauthorised and unregulated encroachments. Public participation should also be with due permissions.

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Report of compliance status as on 30.06.2022 be filed by the District Magistrate, Mathura before the Registrar General of this Tribunal by e- mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF by July 15, 2022. I f any further direction appears to be necessary, the Registrar General, may place the matter before the Bench for further direction.

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Subject to the above, the application is disposed of.

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A copy of this order be forwarded to the District Magistrate, Mathura and DFO, Mathura by e-mail for compliance.

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In view of order in the main matter, I.A. No. 19/2021 also stands disposed of.

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Adarsh Kumar Goel, CP

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Sudhir Agarwal, JM

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Prof. A. Senthil Vel, EM

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March 11, 2022 Original Application No. 326/2021 (I.A. No. 19/2022) A

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Behari Lal Chaturvedi v. Ministry of Jal Shakti

Case brief

What is this about?

What did the court decide?

Behari Lal Chaturvedi v. Ministry of Jal Shakti

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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