Partly allowed

Priyank Bharati v. State of Uttar Pradesh through Chief Secretary

NGT5 Aug 2024IA No. 346/2024 in Original Application No. 511/2023

Case brief

AI extract

What is this about?

The National Green Tribunal, Principal Bench, New Delhi, heard an original application regarding encroachment on Budhi Ganga flood plains in Uttar Pradesh. The court allowed proforma impleadment of three additional respondents and directed notice to the Union of India representative, adjourning the matter for report collection.

What did the court decide?

Impedment of Union of India through Director General NMCG, Principal Secretary Irrigation Department, and Commissioner of Consolidation allowed. Notice issued to Union of India respondent.

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

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Item No. 14

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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. 511/2023 (IA No. 346/2024, IA No. 345/2024, IA No. 309/2024)

Priyank Bharati

Applicant

Versus

State of Uttar Pradesh & Ors.

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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) Respondent: Mr. Ankit Verma, Adv. with Mr. Amit Kumar (Through VC), SDM, Mawana (Meerut) Mr. Pradeep Misra & Mr. Daleep Dhyani, Advs. for UPPCB (Through VC)

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ORDER

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In this original application the Tribunal is considering the issue of encroachment on Budhi Ganga/ Budhi Ganga Flood Plain Zone originating from Village Devel of District Muzaffarnagar and reaching Garhmukteshwar of District Hapur via Hastinapur of District Meerut. The grievance in the O.A. is mainly relating to the encroachment in the River land at Hastinapur.

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The applicant had sent a communication dated 02.08.2024 and had also submitted the additional document on 01.08.2024. thereafter the report dated 03.08.2024 has been filed by the District Magistrate Meerut disclosing that in course of time the land of river Budhi Ganga in different villages had reduced on account of encroachment and also the steps taken for getting the said land free from encroachment and litigation pending in this regard.

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Applicant has filed the objection to the report on 04.08.2024 taking the plea that the report so submitted by the DM, Meerut is incorrect.

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Learned counsel for the State seeks time to examine the objection and file fresh report.

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It is undisputed that river Budhi Ganga is Tributary of River Ganga, therefore its flood plain are required to be defined in terms of Ganga Rejuvenation Order 2016. Therefore the concerned District Magistrate who is also the Chairman of District Level Ganga Committee will submit a report atleast one week before the next date of hearing disclosing the steps which have been taken to demarcate the flood plains of river Budhi Ganga.

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The applicant has filed I.A. 309/2024 for impleadment of Union of India through Director General NMCG, I.A. No. 345/2024 for impleadment of Principal Secretary, Irrigation and Water Resource Department, Lucknow and I.A. No. 346/2024 for impleadment of Commissioner of Consolidation, Lucknow as respondents. These I.As have not been opposed.

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On due consideration, these I.As are allowed and additional respondents are impleaded as under:

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Respondent No. 5: Union of India through Director General, NMCG

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Respondent No. 6: Principal Secretary, Irrigation and Water Resource Department, Sinchai Bhawan, Cantt Road, Udaiganj, Luknow

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Respondent No. 7: Commissioner of Consolidation, Lucknow.

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Mr. Ankit Verma accepts notice for Respondent No. 6 & 7 and seeks four weeks time to file the reply.

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Issue notice to the above newly added Respondent No. 5. Applicant is directed to serve the 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. No. 511/2023 HB

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Priyank Bharati v. State of Uttar Pradesh through Chief Secretary

Case brief

What is this about?

What did the court decide?

Priyank Bharati v. State of Uttar Pradesh through Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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