Disposed

Priyank Bharati v. State of Uttar Pradesh

NGT5 Aug 2024IA No. 308/2024 in Original Application No. 166/2024

Case brief

AI extract

What is this about?

The applicant challenged a Joint Committee report regarding encroachment on the Budhi Ganga river, claiming the report missed villages where the river flows. The Tribunal directed the District Magistrate to file an affidavit identifying the river's flow and flood plain demarcation under the Ganga Rejuvenation Order and allowed the impleadment of the Director General NMCG.

What did the court decide?

Directed District Magistrate Muzaffarnagar to file an affidavit identifying villages where Budhi Ganga flows and flood plain demarcation steps; allowed impleadment of Director General NMCG.

Priyank Bharati vs State of Uttar Pradesh — Environment and Pollution | NGT (2024)

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Item No. 15

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 166/2024 (IA NO 308/2024)

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Priyank Bharati Applicant

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Versus

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State of Uttar Pradesh through & Ors. Respondent(s)

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Date of hearing: 05.08.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Applicant: Mr. Priyank Bharati, Applicant in Person (Through VC)

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Respondent: Mr. Ankit Verma, Adv. with Mr. Amit Kumar (Through VC), SDM,

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Mawana (Meerut) Mr. Pradeep Misra & Mr. Daleep Dhyani, Advs. for UPPCB (Through VC)

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ORDER

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In this O.A. the applicant has raised the issue of encroachment on river Budhi Ganga, Muzzafarnagar.

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One Joint Committee comprising of SDM- Jansath, SDM – Sadar and Regional Officer of UPPCB, Muzzafarnagar has filed a report dated 03.08.2024 whereas the Tribunal had not constituted a Joint Committee.

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The report has been filed by the R.O. UPPCB which states that there are 18 village in Tehsil Jansath and of that 3 villages having land under Bhudi Ganga. The said disclosure is on the basis of the communication sent by the SDM Jansath. The relevant extract of the report is as under:

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“SDM Jansath, Muzafffarnagar vide letter no.2186/STJansath/2024 dated 02.08.2024 (Annexure 2) has submitted report after examining the revenue records andhas concluded the following i) Total no. of villages in Tehsil Jansath – 18 ii) Total no. of villages having land under Bhudi Ganga – 3

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iii) Status of Bhudi Ganga covered under identified 3 villages :-

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Sl. No .	Name of Village	Total area under Bhudi Ganga (Hectare)	Available / Vacant area under Bhudi Ganga (Hectare)	Area Allocated for agricultur e purpose (Hectare)	Action Taken against encroachment
_1. _	Firozpur Khadar	2.4180	1.5170	0.9010	Cancellation of allotments under progress by Revenue Department
_2. _	Kailapur jasmaur	14.1670	12.9090	1.2580	Cancellation of allotments under progress by Revenue Department
_3. _	Purshottampur	0.624	0.624	0.0	Area covered under Hastinapur Wild Life Sanctuary	”

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The same joint Committee report has also been filed under the

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covering letter of District Magistrate, Muzzarfarnagar.

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We find that in these reports there is a mention of letter of SDM Sadar that there is no village/block in Tehsil presently covered under Bhudi Ganga River.

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An objection to these report has been filed by the applicant on 04.08.2024 stating that report does not reflect the correct position in respect of the places of District Muzzarfarnagar from where river Bhudi Ganga is flowing. Specific objection of the applicant in this regard is as under:

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2. On page number 47 it is incorrectly stated that the total number of villages with land under Budhi Ganga is 3 . Firozpur Khadar is identified as the expected origin of Budhi Ganga, but the river's name disappears from revenue records thereafter. In Tehsil Jansath, records indicate that Budhi Ganga originates at Firozpur Khadar and its last station is Purshottampur . Following Purshottampur, the

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river enters District Meerut (Tehsil Mawana). However, between the two stations, Firozpur Khadar and Purshottampur, there are no records of Budhi Ganga (as the report says). How it is possible.

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Expected Origin of Budhi		End Station of Budhi
Ganga in District		Ganga in District
Muzaffarnagar		Muzaffarnagar
Firozpur Khadar	In mid no record as the	Purshottampur (after this
	report of DM	river enter into Distrcit
	Muzaffarnagar says.	Meerut)

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The applicant submits that Bhudi Ganga flows from 18 villages in District Muzaffarnagar but in revenue record only the 3 villages have been shown and river shown to have disappeared in 15 villages.

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In order to ascertain the correct position, we direct the District Magistrate Muzaffarnagar to file an affidavit clearly mentioning the villages from where river Budhi Ganga is flowing in District Muzaffarnagar.

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The river Bhudi Ganga is a Tributary of River Ganga, therefore its flood plain are required to be defined in terms of Ganga Rejuvenation Order 2016. The District Magistrate is the Chairman of District Level Ganga Committee under the order. Hence, he will also disclose in the affidavit the the steps which have been taken to demarcate the flood plains of river Budhi Ganga in District Muzaffarnagar. Let this affidavit be filed at least one week before the next date of hearing.

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It will be open to the State Authorities to file response to the objection of the applicant dated 04.08.2024 at least one week before the next date of hearing.

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The applicant has filed I.A. No. 208/2024 for impleadment of the Director General NMCG. On due consideration, this I.A is allowed Director General NMCG is impleaded as Respondent No. 5. Let fresh memo of parties be prepared

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Issue notice to the above newly added Respondent No 5. Applicant is directed to serve the above Respondent No. 5 and file affidavit of service at least one week before the next date of hearing.

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List on 14.11.2024

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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August 05, 2024 O.A No. 166/2024 HB

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Priyank Bharati v. State of Uttar Pradesh

Case brief

What is this about?

What did the court decide?

Priyank Bharati v. State of Uttar Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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