Disposed

Shri Omprakash Somani v. 1. State of Rajasthan through Chief Secretary

NGT20 Nov 2024IA No. 128/2024 in Execution Application No. 12/2023

Case brief

AI extract

What is this about?

The Tribunal directed the District Administration to demarcate and protect the water body Dharam Talaab, remove encroachments if any, and provide a time limit to owners to remove illegal structures, ensuring compliance through an All-Power Committee within 30 days.

What did the court decide?

Directing the District Administration to demarcate and protect the water body, remove encroachments or allow owners to remove them within a time limit, and file an action taken report within 30 days.

Shri Omprakash Somani vs 1. State of Rajasthan through… — Environment and Pollution | NGT (2024)

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Item No. 07

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

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Execution Application No.12/2023(CZ) In

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O.A.No.91/2022(CZ) (I.A.No.40/2024) (I.A.No.109/2024) (I.A.No.128/2024)

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Shri Omprakash Somani

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Applicant(s)

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Vs.

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State of Rajasthan & Ors. Respondent(s)

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Date of Hearing: 20.11.2024

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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. Parag Gupta,Adv. Mr. Ashish Jaiswal, Adv. Mohd. Iqram, Adv. For Respondent(s) : Mr. Shoeb Hasan Khan, Adv. with District Magistrate, Shahpura (Rajasthan)

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ORDER

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The matter of encroachment and illegal construction on the water body named Dharam Talaab in village Rayala, Tehsil-Banera, District Bhilwara was raised in this execution application with the prayer to comply the orders passed in original application and in compliance of the order on the previous date, the representative of the district administration participated in the proceeding and ensured for removal of the encroachments according to rules.

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In the meantime, I.A. No. 109/2024 has been filed by the respondent no. 2 for issue of certain directions to conduct survey with regard to permanent construction and 50 meters periphery of the Dharam Talaab and another I.A. No. 128/2024 for stay of the proceeding till the pendency of the Civil Suit before the Court of Civil Judge, Bhilwara.

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EA No. 12/2023CZ)

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Shri Omprakash Somani Vs. State of Rajasthan & Ors.

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The copy of the order passed by Civil Judge, Bhilwara in Civil Miscellaneous Application No. 168/2024 order dated 26.09.2024 has been filed in which after considering the prima-facie case irreparable loss and balance of convenience, the application moved under Order 39 Rule 1 & 2 red with Section 151 of CPC has been dismissed.

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The matter which has been raised before this execution application was initially raised in O.A. No. 91/2022(CZ) and vide order dated 24.07.2023, the grounds as mentioned by the applicant of the I.A. has been heard and decided. Vide order dated 20.02.2024, the matter with regard to order passed by Tehsildar, RERA was discussed and it is further argued that the matter was finally heard and decided by Hon’ble Supreme Court of India in civil appeal and the review application which was filed before Hon’ble Supreme Court and has been dismissed.

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During the course of hearing learned District Magistrate participated the proceedings through video conference and sought a short time to comply the order.

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Learned counsel for the applicant of I.A. has submitted that the District Magistrate should be directed to also measure the catchment area and the FTL of 50 meters according to rules. The report of the Tehsildar dated 19.11.2024 discloses that the team has been constituted by the district magistrate to remove the encroachments from the waterbody/dharam talab and some actions have been taken but due to certain objections since security force was required thus it was postponed, while considering the matter the district magistrate have to note that the objections and applications which has been raised by the aggrieved was heard by Hon’ble Supreme Court of India and has been dismissed. The application under order 39 rule 1 and 2 of CPC has been dismissed by the court of Civil Judge, Bhilwara (Rajasthan).

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EA No. 12/2023CZ) Shri Omprakash Somani Vs. State of Rajasthan & Ors.

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Learned counsel for the respondent/applicant of I.A. has shown some map but it is desirable and most appropriate that the contention as raised by the learned counsel for the applicant of I.A. may be raised before the committee constituted by the district magistrate and the committee have to take appropriate decision according to revenue rules.

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We further direct that at the first stage the total water body/pond area must be identified, demarcated and protected and in-case there are any encroachments, the encroachments must be removed or opportunity should be provided to the encroachers to remove it within a particular time failing which, the district administration will protect pond area/waterbody and remove the encroachments according to rules.

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All the pending I.As are disposed of accordingly. Further action taken report be filed within 30 days.

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List it on 13^th January, 2025.

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Sheo Kumar Singh, JM

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Dr. Afroz Ahmad, EM

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20^th November 2024 E.A. No. 12/2023(CZ) PN

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EA No. 12/2023CZ)

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Shri Omprakash Somani Vs. State of Rajasthan & Ors.

Shri Omprakash Somani v. 1. State of Rajasthan through Chief Secretary

Case brief

What is this about?

What did the court decide?

Shri Omprakash Somani v. 1. State of Rajasthan through Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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