Disposed

Navendu Mishra v. Municipal Corporation of Seoni

NGT9 Sept 2024IA No. 120/2023 in Original Application No. 154/2023

Case brief

AI extract

What is this about?

The National Green Tribunal addressed an original application regarding encroachment on Dalsagar Lake. The court noted procedural actions including the impleadment of an intervener, a prior order directing site restoration, assessment of environmental compensation, and discharge of earlier interim applications. It adjourned the matter for receipt of a status report.

What did the court decide?

Environmental compensation assessed; unauthorized pillars to be demolished; committee constituted for damage assessment.

Navendu Mishra vs Municipal Corporation of Seoni — Environment and Pollution | NGT (2024)

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Item No. 02

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

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Original Application No.154/2023(CZ) (I.A.No.120/2023) (I.A.No.84/2024) (I.A.No.85/2024)

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Navendu Mishra Applicant (s) Vs.

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Municipal Council of Seoni (M.P.) & Ors. Respondent(s)

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Date of Hearing: 09.09.2024

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

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For Applicant (s): Mr. Navendu Mishra, Adv. For Respondent(s) : Mr. Deepak Awasthi, Mr. Rohit Sharma, Adv. Mr. Naveen Ahuja, Av. Mr. Prashant M. Harne, Adv. with Mr. Mehul Bhardwaj, Adv. Ms. Parul Bhadoria,Adv. Mr. Vinod Nayak , Adv. Mr. Mahesh Kumar Wattee with Mr. Babulal Wattee.

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ORDER

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In the matter of encroachment on the water body known as Dalsagar Lake of Seoni City, District Seoni (M.P.). The committee was constituted to submit the report and the committee after visiting the site submitted the report with the following observations :

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Field Observations : -

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During the visit of committee various observations and statements were recorded as Panchnama, the “Sthal Nirikshan Panchnama” is enclosed.

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Point-wise facts based on the documents submitted, field observations and the public statements are as follows: -

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O.A. No. 154/2023 (CZ) Navendu Mishra vs. Municipal Council of Seoni (M.P.) & Ors.

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During the visit approximately 30% of the total wetland area was

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found to be filled with water. During inspection it seems that water would have been drained out for the purpose of construction of foot over bridge (F.O.B.)

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It was observed that, there is a vegetation/shrubs growth in the

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dried area of the lake post draining out.

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During the inspection, it was discovered that the lake had been

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fenced off.

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It was observed that the Municipal Council Seoni had given the

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permission and issued the tender to construct 385 m long F.O.B. connecting MPT chaupati and Central Island, on which a 25-feet stone statue of Gond king Raja Dalpat Shah would be constructed.

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An unmetalled road has been constructed parallel to the under-

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construction foot over bridge, connecting main land and Central Island.

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A twenty-five-foot statue of Raja Dalpat Shah was discovered

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during an inspection and will be erected on the island.

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It was noted that a cement concrete base for the statue's planned

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installation was being built.

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Since the construction of F.O.B. is a time taking process. Therefore,

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for the ease of transportation of materials to Central Island of lake, the Non applicant had constructed an unmetalled road parallel to the Under Construction F.O.B. connecting MPT chaupati and Central Island.

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During inspection it was found that a drain discharging untreated

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effluent directly meeting into the Dal Sagar Lake. Furthermore, small

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O.A. No. 154/2023 (CZ) Navendu Mishra vs. Municipal Council of Seoni (M.P.) & Ors.

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amounts of trash and plastic waste that originate from drains were observed near the lake and drain intersection.

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It was observed that municipal council seoni has not constructed

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any sewage treatment plant for seoni city till date.

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During the inspection, CMO Seoni submitted permission related

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documents and documents related to granted funds for the foot over bridge and statue, a copy of which is provided.

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The committee has revisited the site on dated 04.01.2024, during

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inspection it has now been observed that the untreated water earlier meeting into lake has been stopped .

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Technical details of F.O.B. as observed by the M.P.P.C.B.: -

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The aforesaid F.O.B. is a deck type bridge. It is of the length

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approximately 385 meters. It has 17 piers and 2 abutments. The construction work of F.O.B. is in process and all the piers have been raised.

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A recommendations of the committee are as follows :

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Recommendations:

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Municipal council, Seoni shall construct Sewage treatment plant

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for the treatment of the domestic effluent of sufficient capacity.

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To improve the aesthetics and water quality of the lake, fountains

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shall be installed by the Municipal Council Seoni.

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Since the majority of the lake's surface is dry, the lake needs to

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be cleaned and desilted

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Municipal council Seoni shall take effective steps for the

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rejuvenation of the lake.”

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The municipal council Seoni has replied that the construction work in the Dalsagar Talab have been stopped. Vide order dated

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09.07.2024 following directions were issued to the respondents :

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O.A. No. 154/2023 (CZ) Navendu Mishra vs. Municipal Council of Seoni (M.P.) & Ors.

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i. Respondent have to strictly comply Section 4 of the Wetland Rules and to ensure that there will not be any encroachment on wetland, there will not be any construction activities, discharge of untreated water or throwing of the garbage or solid waste or plastic waste in the water body/wetland.

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ii. Respondents are restrained from going ahead with raising of any permanent construction over the water body of the lake. Constructions or the pillars to the extent which has been raised shall be demolished within one month from today.

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iii. Since permanent construction at the prohibited site has caused damage to the site and requires a restoration of the site, as also restoration of the ecology and remediation of damage already done to the environment, we constitute a committee consisting Director, CPCB at Bhopal, one representative from the Secretary (Environment) and one representative from the Central Ground Water Authority to assess the environmental compensation.

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In compliance of the order the State PCB has issued the notices to the respondents and after submission of the reply environmental compensation has been assessed and notices have been issued for deposition of environmental compensation.

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In the meantime, an application I.A. No. 84/2024 has been moved by intervener with the facts that the order in this petition may directly or indirectly affect the applicant of intervener thus he should be given an opportunity of hearing. The applicant of I.A No. 84/2024 is permitted to be impleaded as respondent in the matter. I.A. No. 84/2024 stands disposed of accordingly.

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I.A. No. 85/2024

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This application has been moved by the contractor/intervener with the facts that he had performed certain work thus issue of payment may directly or indirectly affecting thus reasonable order may be passed after hearing of the application. Copy of the I.A. No. 85/2024 may be provided to the opposite parties to file the objections if any.

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O.A. No. 154/2023 (CZ) Navendu Mishra vs. Municipal Council of Seoni (M.P.) & Ors.

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I.A. No. 120/2023

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This is an application to pass appropriate order for stopping the construction in the wetland/water body of Dalsagar Lake. Appropriate order has already been passed vide order dated 09.07.2024 the I.A. No. 120/2023 stands disposed of.

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Applicant in person submitted that in violation of previous order some structure has been started and more than 30% of the area of garbage has not been cleaned by the Municipal Council. It is further submitted that several trees have been cut down.

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The Learned Counsel for the Municipal Council is directed to submit the status report to the reply as submitted by the applicant. Learned Counsel for Intervener Mr. Rohit Sharma has submitted that the measurement should be done before the remedial measures being taken by the Municipal Council. It is appropriate for Municipal Council to measure it for future purposes.

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Reply in all the applications be filed within three weeks.

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Mr. Babulal Wattee representing in the matter has submitted some grievance of the society. The contention as raised by Mr. Babulal may be summarised and should be in writing submitted before this Tribunal for consideration.

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List it on 1 4^th October, 2024.

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Sheo Kumar Singh, JM

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Dr. Afroz Ahmad, EM

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6^th September 2024

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154/2023 (CZ) K

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O.A. No. 154/2023 (CZ) Navendu Mishra vs. Municipal Council of Seoni (M.P.) & Ors.

Navendu Mishra v. Municipal Corporation of Seoni

Case brief

What is this about?

What did the court decide?

Navendu Mishra v. Municipal Corporation of Seoni

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

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Case details

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