Disposed

Ram Kumar Itoriya v. Madhya Pradesh Pollution Control Board

NGT23 Nov 2023Original Application No. 5/2023

Case brief

AI extract

What is this about?

The applicant complained of illegal mining and filling of Asnai talab by private landowners. After a Joint Committee report indicated mining and encroachment, the Bench directed action by relevant departments but declined to alter land records or directly intervene in the matter.

What did the court decide?

Directed District Magistrate to register a case and decide the mining and land use issue after providing hearing to affected parties; Tribunal refused to interfere in mutation proceedings.

Ram Kumar Itoriya vs Madhya Pradesh Pollution Control… — Mining and Natural Resources | NGT (2023)

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Item No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Original Application No. 05/2023(CZ)

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Ram Kumar Itoriya Applicant(s)

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Vs.

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Madhya Pradesh Pollution Control Board & Ors. Respondent(s)

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Date of Hearing: 23.11.2023

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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For Applicant(s): Mr. Prateek Jain, Adv.

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For Respondent(s) :

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Mr. Mehul Bhardwaj, Adv. Ms. Parul Bhadoria, Adv..

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ORDER

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The issue raised in this application is the violation of provisions of the Water (Prevention & Control of Pollution) Act, 1974, the Mines and Minerals (Regulations and Development) Act, 1957 and the Environment (Protection) Act, 1986.

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Grievances of the applicant are the illegality alleged to be committed by the respondent no. 5 in City Datiya for illegally digging/cutting the hills situated at Khasra No. 1302, Village Datia Gird, Tehsil Datiya City, District Datia, M.P. having total area of 6.726 Hq. and filling up adjoining lake situated at Khasra No. 1279, Village Datia Gird, Tehsil Datiya City, District Datia, M.P.

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The contention of the applicant is that the illegal actions of mining and destroying the water-bodies by the respondent nos. 5 & 6 from the last year and cutting the hill in bits and pieces and filling up the lake by the debris are in violation of environmental rules.

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The matter was taken up by this Tribunal on 10.07.2023 and after considering the facts as narrated by the parties observed as follows :-

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1. “From the reply it is evident that existence of Asnai Talab (waterbody) is not in dispute. But with regard to other facts, neither reply nor the documents appended thereto give comprehensive and a correct picture. In view of the above, we find it appropriate to obtain a factual report, for the purpose whereof we constitute a Joint Committee comprising District Magistrate Datiya, State Pollution Control Board, Irrigation Department/Jal Shakti Department and Integrated Regional Office, MoEF Bhopal.

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2. State Pollution Control Board shall be the nodal agency for coordination and compliance of this order.

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3. Committee shall visit the site, collect relevant information and submits report within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR support PDF and not in the form of Image PDF.”

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The regional officer vide inspection report dated 14.02.2023 has submitted the fact that Khasra No. 1302 which is of different number has been recorded in the name of different persons in the revenue records and khasra no. 1279 is recorded in the name of Saroj Singh w/o Vikram Singh etc. which is recorded as agriculture land. The submission of respondent no. 3 District Mining Officer is to the fact that the land is recorded in the name of private owners and is private land and concerned land owners were carrying the process of cutting the stones in order to make the land cultivable.

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It is further submitted that leveling of hillock on the subject to private land do not amount to violation under Mineral (Regulation and Development) Act, 1957. The joint committee consisting District Magistrate, Datiya, Irrigation Department, Jal Shakti Department, State Pollution Control Board and

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Regional Officer submitted the factual and action taken report after visit and inspection as follows :-

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“STATUS OF LAND OWNERSHIP OF LAND AT KHASRA NO. 1279 AND 1302 :

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1. The Asnai Talab is situated at Khasra No. 1279 in Village Datia Gird, Tehsil Datia City, District Datia, MP. This is a private water body having total area 10.677 hectare. This talab is in existence from historic times and situated within boundary of Govind Niwas Palace. This talab was constructed to beautify the palace and its surroundings and regularly maintained by its owner. For reference order of Rajasava Mandal is enclosed. As per revenue record present owner of the Asnai talab water body are as follows:

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i. Smt. Saroj Singh w/o Shri Vikram Singh

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ii. Shri Rishabh Singh s/o Shri Vikram Singh

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iii. Shri Yashdev Singh s/o Shri Vikram Singh

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The copy of khasra showing ownership of khasra no. 1279 water body and khasra map is enclosed.

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2. This talab is not used as water source for city water supply. In North-West direction of talab Govind Mahal is situated.

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3. As per khasra record, the land use of land bearing khasra no. 1302 is recorded as agriculture land but actually this has to be recorded as Asnai talab water body.

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4. The land bearing khasra no. 1302 is also a private agriculture land and situated adjoined to Asnai talab and having total area 6.726 hectare. The owner of this land as per Government revenue record of year 2023-24 are as follows:-

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i. Ms. Madhu Kumari d/o Shri Balbhadra Singh Judev

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ii. Agro Solvent Private Limited through Shri Mahesh Kumar Malhotra, Director

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iii. Shri Yashdev Singh s/o Shri Vikram Singh Judev

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iv. Shri Sanjay Kumar s/o Shri Harish Chandra Agrawal

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v. Shri Govind s/o Shri Dinesh Chandra Agrawal

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vi. Shri Avdhesh Urf Awadh Kishore s/o Shri Madan Lal Gupta

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vii. Shri Lav Agrawal s/o Shri Raj Kumar Agrawal

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viii. Shri Mahendra Kumar s/o Shri Dwarika Prasad Gupta

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ix. Shri Raghvendra Gugeria s/o Shri Sitaram Gugoria

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x. Shri Vipin Gupta s/o Shri Radheshyam Gupta

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xi. Shri Anil Soni s/o Shri Rambabu Soni

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xii. Smt. Neelam Ahirwar w/o Shri Jitendra Ahirwar

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xiii. Smt. Kamlesh Ahirwar w/o Shri Naresh Kumar Ahirwar

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The revenue document khasra copies showing ownership of land at khasra no. 1302 is enclosed.

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5. No quarry lease for stone mining has been granted by mining department at land bearing khasra no. 1302.

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OBSERVATIONS OF JOINT COMMITTEE DURING INSPECTION:

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During inspection following observations are recorded by the Joint Committee: -

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1. It was observed that illegal mining of stones is being carried out from the hillocks situated on part of land bearing khasra no. 1302. Although no mining activity was observed during inspection but broken rocks from hillocks were found scattered all around the hillocks reflected that illegal mining is continuously carried out there.

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2. It was reported by petitioner during Joint Committee visit that owners of land bearing khasra no. 1302 carried out mining with the aim to make the land levelled, so that colonization could be carried out there.

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3. It was also observed that large size stones and debris generated from illegal mining carried out at khasra no. 1302 were thrown in about 0.28 hectare area of Asnai talab. This is definitely for recovering and levelling the pond land for making encroachment on pond land.

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4. The google site location map marked with features like Asnai talab, illegal stone mining area and part of Asnai talab where stone boulders and debris thrown is enclosed.

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5. Photographs taken during inspection are also enclosed.

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FACTUAL STATUS WITH RESPECT TO ISSUES RAISED BY PETITIONER IN PETITION O.A. 05/2023

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*Sr.* *No.*	*Issues Raised*	*Factual Status*
1	Illegal action of mining and destroying the water bodies by Respondent no. 5 and 6 from the last year whereby they along with their associate persons namely Vipin Gupta, Rohit Agarwal, Lav Agarwal, Awadh Kishore Gupta, Raghvendra Gugoria, Sanjay Kumar, Manoj Kumar Purohit, Govind Agarwal and others started cutting the hill in bits and pieces and filling up the lake by the debris. The Respondent no. 5 and 6 are trying to convert the existing lake Asnai into a commercial plotting for their personal gain.	1. Illegal stone mining was seen from hillocks situated at khasra no. 1302. 2. Mining officer Datia was instructed by Joint Committee to take action for illegal mining carried out by the land owners. 3. Mining department carried out survey and measurement at the site on 24.08.2023 and prepared a case of illegal mining against the land owners. A total mining of 15000 cubic meter was measured. 4. Collector Court Datia issued show cause notices to nine illegal miners for illegal stone mining and filling of a part of Asnai talab by mined out material on dated 26.09.2023. 5. Respondent no. 6 Ms. Madhu Kumari submitted a letter regarding the matter to Mining Office, Datia based on News Published in Patrika News Paper on dated 18.08.2023 regarding inspection of Joint Committee. As per her letter she is at present not an owner of any part of land situated at khasra no. 1302. She was owner of whole of land of khasra no. 1302 about 10 years back and she sold whole land between years 2011 to 2013. Copy of letter is enclosed. She also mentioned in her letter that her name is reflected in revenue record by mistake. 6. Tehsildar Datia Nagar Court issued an order dated 14.09.2023 for demarcation of land at khasra 1279 Asnai talab.

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		7. Revenue Department team along with Mining Department persons carried out demarcation, measurement of area of Asnai pond at khasra no. 1279 where stone boulder and debris has been thrown in the pond on 18.09.2023. Copy of Panchnama is enclosed. According to panchnama the area of this encroached land is about 0.28 hectare.
2	Lake and hill is surrounded by flora and fauna. Many birds and aquatic life and local resident are dependent on the lake which is full filling the water needs of the entire city. However due to illegal activities the respondent no. 5 and 6, the entire ecology of lake, hill and nearby forest is getting affected.	1. Asnai talab is a private talab and is in existence from historical times and situated within boundary of Govind Niwas Palace. Talab was constructed to beatify the palace and its surroundings. 2. There is no water supply to the Datia town from this lake. 3. Action has already been initiated against illegal miners by mining department.

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ACTION TAKEN REPORT:

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1. Revenue Department team along with Mining Department persons carried out demarcation, measurement of area of Asnai pond at khasra no. 1279 where stone boulder and debris has been thrown in the pond on dated 18.09.2023. Copy of Panchnama is enclosed. According to panchnama the area of this encroached land is about 0.28 hectare.

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2. Mining department carried out survey and measurement at the site on 24.08.2023 and prepared a case of illegal mining against the land owners of khasra no. 1302. A total mining of 15000 cubic meter was measured.

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3. Collector Court Datia issued show cause notices to nine illegal miners for illegal stone mining and filling of a part of Asnai talab by mined out material on dated 26.09.2023.

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CONCLUSION:

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Considering the above status and observation made by Joint Committee during inspection, Joint Committee concluded as follows:

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1. Illegal stone boulder mining has been done by the land owners of land situated at khasra no. 1302. Illegal mining has been done at hilly part of land only. This land of khasra no. 1302 is situated adjoining to the Asnai talab at khasra no. 1279.

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2. Since illegal mining has been done by land owners themselves, so there is most probable reason behind this act is to flatten the hilly land and to develop the land for colonization or other commercial establishment.

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3. No permission was obtained by land owners of khasra no. 1302 to develop the land for colonization from Town and Country Planning Department or Datia Municipality or Revenue Department till date as intimated by concern departments.

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4. Lot of big stones and debris has been dropped at a corner location of Asnai talab in an area about 0.28 hectare. Asnai talab owner has never objected this act of adjoined land owner of khasra no. 1302. This reflects the silent consent of Asnai talab owners to fill that part of talab to recover the land from it for future use. This act is not possible without the consent of talab owners.

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5. Asnai talab is a private property and is a part of Govind Palace since historical time. This talab was constructed long back for beautification of Govind Palace. There is no water supply or irrigation facility provided by this talab to Datia city or others. At present a natural environment persist there. This has to be protected. Development of township and other activities in upper catchment area of talab may change the natural drainage pattern and that may be danger for existence of Asnai talab in future time.

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6. As per khasra record the land use of land bearing khasra no. 1302 is recorded as agriculture land but actually this has to be recorded as Asnai talab water body.

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RECOMMENDATION:

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Joint Committee recommended as follows:

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1. Asnai Talab is one of the designated wetlands identified by Madhya Pradesh State Wetland Authority for conservation. Therefore, a time targeted action plan should be formulated in consultation with EPCO (i.e., the state nodal agency for wetland conservation) and implemented to protect the natural drainage

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pattern leading to convey the storm water to Asnai talab by Town and Country Planning Department and Datia Municipality.

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2. Buffer zone upto 200 meter around the Asnai talab should be declared as no development zone and no further development activities related to construction, colonization, commercial establishment etc. in this buffer zone should be permitted. Only development of parks, city forest should be allowed there.

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3. Illegal miners of land at khasra no. 1302 should be heavily penalized and prosecuted by Mining Department. Also environmental compensation should be recovered from them. The compensation so recovered shall be completely utilized for rejuvenation of the Asnai Talab.

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4. The part of Asnai talab about 0.28 hectare where large stone boulders and debris are dumped for encroaching the talab land should be evacuated by talab owners and also environmental compensation should be recovered from them. The compensation so recovered shall be completely utilized for rejuvenation of the Asnai Talab.

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5. As per khasra record, the land use of land bearing khasra no. 1302 is recorded as agriculture land but actually this has to be recorded as Asnai talab water body. So it is recommended to change the land use of khasra no. 1279 from agriculture land to Asnai pond water body by Revenue department.

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6. The boundaries of Asnai Talab should be clearly demarcated by the local authorities and appropriate fencing and barrier should be created to prevent any unauthorized activities.”

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After perusal of the land record and the report it is clear that according to the land records both the lands are recorded as agriculture land though the recommendation is otherwise. The forum of this Tribunal cannot be used for the mutation proceedings it is a policy matters and to be decided by the State Government/Revenue Department. By way of this application the ownership of the land cannot be changed thus, it is not desirable to interfere in the matter.

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The relief clause includes that the respondent should be restrained from doing the illegal mining. The rule provides that for mining purposes,

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necessary and requisite permission from the concerned department is required. But the things as narrated by the respondent no. 3 that it is a private land and levelling of the land does not means the mining. However, it is left to the mining department to decide, as to whether the activities comes within the purview of mining or not and in-case it is mining without permission then Mining Department has to take necessary action according to rules. Being a private land, recorded as agriculture land, this Tribunal do not think it proper to intervene in the matter. However, we direct the District Magistrate to decide the matter in accordance with the revenue rules by registering the case and by way of providing an opportunity of hearing to all affected and in case it is pond or wetland then in consultation with the wetland authority/state may take appropriate decision according to rules.

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The Original Application No. 05/2023 is disposed of accordingly.

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Sheo Kumar Singh, JM

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Dr. A. Senthil Vel, EM

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23^rd November, 2023 O.A. No. 05/2023 (CZ) PN

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Ram Kumar Itoriya v. Madhya Pradesh Pollution Control Board

Case brief

What is this about?

What did the court decide?

Ram Kumar Itoriya v. Madhya Pradesh Pollution Control Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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