Allowed

Dr Sharad Gupta vs

NGT11 Sept 2024IA No. 352/2024 in Original Application No. 316/2022

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an application regarding alleged mining and ravine destruction near Taj Mahal. After reviewing a Joint Committee report confirming check dams were for soil erosion control, the Tribunal directed the Central Water Commission and State of UP to demarcate the River Yamuna flood plain zone and notify restrictions within strict timelines based on CWC committee re

What did the court decide?

Directed CWC to submit flood plain demarcation report by 30.11.2024 and State of UP to issue notification by 21.12.2024 with compliance reports due by 10.12.2024 and 06.01.2025.

Dr Sharad Gupta vs — Constitutional and Fundamental Rights | NGT (2024)

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Item No.06

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL

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PRINCIPAL BENCH, NEW DELHI

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Original Application No.316/2022 (IA No. 434/2024, IA No.352/2024)

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Dr. Sharad Gupta Applicant

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Versus

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State of Uttar Pradesh & Ors. Respondents

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Date of hearing: 11.09.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant(s):

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None

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Respondent(s): Mr. Pradeep Misra and Mr. Daleep Dhyani, Advocates for UPPCB

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ORDER

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On a letter petition dated 10.03.2022 sent by Dr. Sharad Gupta resident of 24, Heera Gagh Colony, Dayal Bagh, Agra this Original Application was registered under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as „ NGT Act, 2010 ‟) in exercise of suo-moto jurisdiction in view of law laid by Supreme Court in

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Municipal Corporation of Greater Mumbai Versus Ankita Singha

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and others, (2022)13 SCC 401.

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Grievance raised in this letter petition was that, as per a news article published in Times of India dated 06.03.2022, ravines are being destroyed by large-scale mining in vicinity of Taj Mahal and restricted floodplain zone of river Yamuna. Destruction of forest ravines, which

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serve as natural habitats for over 1,000 species of animals and plants, will lead to devastation of ecological chain and harm Taj Mahal. It would also affect original landscape and contour in vicinity of Taj Mahal and restrict floodplain zone of river Yamuna in Agra (State of Uttar Pradesh).

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Tribunal found it appropriate to obtain a factual report in the light of above complaint and thus constituted a Joint Committee comprising representatives of Ministry of Jal Shakti, Government of India; Regional Office of MoEF&CC, Lucknow; Taj Trapzium Zone Authority; Uttar Pradesh Pollution Control Board; and District Magistrate, Agra, and directed said Committee to verify factual position particularly with regard to notification and demarcation of floodplain zone where alleged largescale mining is being done, looking into grievance of applicant.

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Committee was required to submit its report within one month.

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Joint Committee Report was submitted through Regional Officer, Uttar Pradesh Pollution Control Board, Agra (hereinafter referred to as „UPPCB‟) vide email dated 19.09.2022. Report shows that Joint Committee members visited area on 26.07.2022 and observations are made in respect of large-scale mining in vicinity of Taj Mahal and restriction of floodplain zone of river Yamuna. Joint Committee Report said as under:

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“Observations on aspect of large scale mining in the ravines in the vicinity of Taj Mahal and restriction of the flood zone of river Yamuna :

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On the day of site visit, Committee observed that Taj Forest Block is a rugged forest area which comes under Agra Forest division ANNEXURE-1. On the day of site visit, construction of some check dams were found by the Committee members During inspection of the said area and according to the discussion with Divisional Forest Officer, Agra, it was informed that no large-scale mining has been done in the Taj Forest block in the vicinity ofTaj Mahal and ravines have not been destroyed. DFO, Agra vide letter no-560/22-20 dated

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02.08.2022 informed that Taj Forest block is a rugged forest area under Agra Forest division in which forest department have constructed only check dams to prevent soil erosion to maintain soil moisture at locations where gully-drains have formed due to soil erosion by heavy flow of water during rains ANNEXURE-2 . The construction of check-dams has been carried out by using local soil for which as per work plan of Social Forestry Division, Agra. DFO, Agra informed that work plan has also been approved by Ministry of Environment Forest & Climate Change, Government of lndia ANNEXURE2/1.

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As per the information submitted above work rate has been approved by Conservator forest, Agra circle, Agra vide letter no. 274/5-9-2 dated 15.07.2020 for regarding forest work ANNEXURE-2/2 .

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In Taj Forest block 43 check dams have been constructed, in which 8439 cubic meter soil have been scraped from the upstream site. Attested photocopy of measurement book is annexed as ANNEXURE-2/3 .

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B. Observations on aspect of restriction ofthe flood zone of river Yamuna :

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At the time of visit Executive Engineer, Lower Khand, Agra Canal, Department of Irrigation informed that demarcation of flood plain zone behind Taj Mahal has not been carried out yet. Information has been sought from Executive Engineer, Lower Khand, Agra Canal, Department of Irrigation, U.P vide letter no.487/OG-679/2022I dated 26.07.2022 to provide flood-plain zone demarcation behind Taj Mahal ANNEXURE - 3 . Executive Engineer, Lower Khand has informed vide letter no. 2230/ 3r/ dated 27.07.2022 that no document regarding demarcation of flood plain zone behind Taj Mahal is available in official documents. Hence no information can be provided in this respect ( ANNEXURE-4 ).

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Letter has been sent on dt.08.08.2022 to Forest DepartmentAgra, District Mine Officer-Agra and Executive Engineer, Lower Khand Agra Canal, Department of irrigation, U.P to provide the information as below (placed at ANNEXURE-5 ):

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I. Department of Forests

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(i) GIS Boundary of the Forest Area where the digging activity is being undertaken.

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(ii) Annual plan of operation for such activity and guidelines, if any, for carrying out such activity including permission taken.

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(iii) Geo-coordinate of trenches at the site with measurements.

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(iv) Biodiversity data loss to ascertain the scenario-base line & current scenario.

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II. Department of Irrigation

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Demarcation of the Flood Plain Zone in GIS format including the geo-coordinates or locations of marking pillars.

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III. Other concerned departments of the State Government (District Administration, Mines Departments) Details of any other activities outside forest land, as complainant; such as earth cutting resulting in soil erosion/changing land use pattern.

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C . Observations on aspect of Mining in the flood zone of river Yamuna :

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Senior Mine officer informed vide letter no. 524/4fG /2022-23 dated 10.08.2022 that as per the provisions of Uttar Pradesh Minor Minerals (Concession) Rules, 2021 or as per the instruction of the Government, mining operation permission outside forest area is given by District Magistrate as per Rules (placed at ANNEXURE-6).

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D . Observations on the aspect of destruction of the forest ravines, which are natural habitat for over 1000 species of animals and plants, will lead to devastation of the ecological chain as well as harm the Taj Mahal :

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Past & present record of biodiversity status is not available including aspects of natural habitats of wildlife in the ravines with the Forest Department. Field observation report of Biodiversity expert, NMCG related to impact on biodiversity is enclosed at ANNEXURE-7 and key excerpts are as under:

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Background

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Ravines are the most degraded form ofland formed due to natural erosion, the main type of erosion that occurs in these lands is sheet and gully erosion. These lands are majorly converted to agricultural lands using heavy machinery. However, attempt to restore these lands for biodiversity conservation have been practiced rarely in the past.

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Ravines can be restored through methods to retain soil moisture and augmentation of vegetation cover that holds and binds soil particles to reduce the runoff during rain. The most commonly practiced methods are earthen check dams, gully plugs, bench terracing, trenching, and other measures such as controlled grazing, breaking the length of slopes into smaller units and plantations.

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In a similar attempt to restore ravines for biodiversity conservation in the TTZ area, earthen check dams were built to reduce the runoff in the area. Hence, a sign survey was conducted to assess the loss of biodiversity, if any, due to the use of machinery and digging of soil nearby to build the earthen check dams.

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Survey findings :

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During the survey, undisturbed burrows likely to be used by small mammals and reptiles were observed in the area. No destruction of burrows has been observed due to construction of earthen check dams as shown below.

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The presence of Nilgai (Boselaphus tragocamelus), and Jackal (Canis aureus) were confirmed through direct sighting, while indirect signs of Indian hare (Lepus nigrico//is), wild boar (Sus scrofa) were recorded in the area as shown below.

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Bird species such as Egyptian vulture (Neophron percnopterus), rose-ringed parakite (Psittacula krameri), babbler (Argya striata), baya weaver (Ploceus philippinus), Asian koel (Eudynamys scolopaceus) and red-vented bulbul (Pycnonotus cafer) were sighted during the survey.

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It has been suggested in the report that the TTZ's ravine restoration is among the best examples of ravine restoration for biodiversity protection. This restored land is being used by various mammals, birds, and butterfly species. Although no reptile species were observed during the survey, except burrows which may potentially indicate the presence of reptiles. These species are cryptic and elusive hence specialized surveys are required to detect these species in any area. In a similar attempt to restore ravines for biodiversity conservation in the TTZ area, earthen check dams were built to reduce the runoff in the area and the construction of earthen check-dams has created a negligible disturbance to the wildlife of the area.

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Further, owing to non-submission of data by various agencies (ANNEXURE-5) required to prepare the Joint Committee report, a meeting was organized at NMCG under Chairmanship of Executive Director (Technical), NMCG, Ministry of Jal Shakti on dated 17.08.2022 to review the status in the aforesaid O.A No. 316/2022. Minutes of the meeting is being enclosed as ANNEXURE-8. In the meeting Forest Department official, Shri Kunj Mohan Verma, SDO, Forest Department, Agra Forest Division informed that check dams being constructed are not for mining activity but for water restoration which was also confirmed by Senior Mines Officer, Agra present in the meeting. SDO, Forest informed that these are small structure with limited storage capacity temporarily meant to arrest the

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flow of water and are part of annual programme of Forest Department. Approx. 300 to 400 such structures have been constructed in Agra district. Further, Executive Engineer, State Irrigation informed that Irrigation Department has not identified flood plain zone of River Yamuna behind the Taj Mahal which is downstream end of Yamuna River in the city of Agra. The site in question is located approx. 500 meters from Yamuna River bank. SDO-Forest; Executive EngineerSate Irrigation; Senior Mines Officer and Nodal Officer were requested to provide the following details:

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A . Forest Department will provide details of APO activity to all members. (Information Required from DFO office)

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B. In absence of demarcated floodplains by Irrigation Department, no development/regulation zone as per NGT orders may be followed as an interim measure till identification of flood plain zones. Accordingly, State Irrigation Department will verify whether the site in question is located in flood plain zone or not and provide the data to the members.

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C. Nodal Officer and Forest Department to verify the activities carried out by Forest Department through TTZ authority also. (Information Required from DFO office)

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D. Other pending details as communicated vide letter from NMCG to Hon'ble NGT (PB) dated 02.08.2022 and letter from Nodal Officer, RO (SPCB) Agra to all concerned dated 08.08.2022 ( ANNEXURE-5 ).

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In continuation of the meeting, Executive Engineer, Lower Khand, Agra Canal communicated vide letter dated 27.08.2022 ANNEXURE-9 informed that in the O.A no. 200/2014 (M.C Mehta V/s Union of India and others) Hon'ble National Green Tribunal was pleased to passed an order dated 13.07.2017, the relevant part Of the order is as below:

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"Till the demarcation of the flood plains and identification of permissible and non-permissible activities by the state government of this judgment, we direct that 100 Meters from the edge of the river would be treated as no development/construction zone in segment-B of Phase-I"

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State Irrigation Department conveyed that till the demarcation of flood plain zone of the said area, 100 meters from the edge of the river would be treated as no development/ construction zone. It was also informed that the estimate is being prepared for survey and after fund allocation, the demarcation work of flood plain zone is proposed by State Irrigation Department.

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Thematic Maps have been generated by NMCG using geospatial technology for the part of Agra District, from the available data sources (National Remote Sensing Center, Survey of India, & ESRI) of NMCG, field data (Ground Control Points), and check dam data of Forest Department Agra. As per the information available from the thematic maps, checkdam's locations are far from 100 meters from the edge of the river ( ANNEXURE-10 ). This was also accepted by all Committee members.

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Further, Senior Mine Officer informed vide letter dt.08.09.2022 that no ordinary sand mining lease has been approved in Yamuna River area in the vicinity of Taj Mahal (ANNEXURE 11 ). DFO, Agra informed vide letter dt. 12.09.2022 that as per his knowledge there is no restriction for forestry work (Water and Soil Conservation) in Taj Trapezium Zone ( ANNEXURE12 ).

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4 . Observations/ Recommendations :

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The site was visited by the members of Joint Committee in the presence of the applicant Dr. Sharad Gupta in the OA No. 316/2022 on 26-7-2022.

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11. Flood plain zone has not been demarcated by State Irrigation Department and has also not been notified by State Irrigation Department behind the Taj Mahal which is downstream end of Yamuna River in the city of Agra. Accordingly, Irrigation department has been requested to complete it immediately. However, as an interim measure, NGT directions relating to extent of flood-plain demarcation (both through identification of geo-coordinates and fixing of pillars) may be completed which mandates that l 00 meters from the edge of the river would be treated as no development/construction zone as an interim measure.

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111. State Irrigation Department was required to verify whether the site in question is located in flood plain zone or not and provide the data to the members.

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Accordingly, Executive Engineer, Lower Khand, Agra Canal informed citing Hon'ble National Green Tribunal order in the O.A no. 200/2014 (M.C Mehta V/s Union of lndia and others) (vide letter dated 27.08.2022 at ANNEXURE-9 ) that 100 meters from the edge of the river would be treated as no development/construction zone.

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iv. Thematic maps ( ANNEXURE-IO ) have been generated using geospatial technology by NMCG for the concerned site of Agra District, from the available data sources. As per the observation based on prepared thematic maps, check dam's locations are far from 100 meters from the edge of the river.

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As per assessment of Irrigation Department official, the site in question is located approx. 500 meters from Yamuna River bank.

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No mining activity is being carried out in the site as confirmed by Mining department. Further, no ordinary sand mining lease has been approved in Yamuna River area in the vicinity of Taj Mahal ( ANNEXURE-11 ).

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Check dams that are being constructed in Forest area are not for mining activity but for retaining soil moisture (which was also confirmed in the report of Biodiversity expert at ANNEXURE-7 ).

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Past & present record of biodiversity status is not available with Forest Department including aspects of natural habitats of wildlife in the ravines. Thereby field observation using sign survey was conducted by Biodiversity expert, NMCG and vide his report at ANNEXURE-7 , it was suggested that the TT's ravine restoration is among the best examples of ravine restoration for biodiversity protection. This restored land is being used by various mammals, birds, and butterfly species. Although any reptile species were not observed during the survey, except burrows which may potentially indicate the presence of reptiles. These species are cryptic and elusive hence specialized surveys are required to detect these species in any area. ln a similar attempt to restore ravines for biodiversity conservation in the TTZ area, earthen check dams were built to reduce the runoff in the area and the construction of earthen check dams it seems has created a negligible disturbance to the wildlife of the area.

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In view of the report received from Joint Committee, Tribunal vide order dated 20.09.2022 impleaded following as respondents:

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(I) Ministry of Jal Shakti, Government of India (II) State of Uttar Pradesh through Chief Secretary, Government of Uttar Pradesh, (III) Director, Mining and Geology, State of Uttar Pradesh (IV) District Magistrate, Agra (V) Commissioner, Municipal Corporation, Agra (VII) State Pollution Control Board (VIII) Regional Office of Ministry of Environment, Forest and Climate Change, Lucknow (IX) Chairman of Taj Trapezium Zone.

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Notices were issued to respondents, giving time to file reply.

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Separate replies were filed by District Magistrate, Agra, Chairman Taj Trapezium Zone, UPPCB, and National Mission for Clean Ganga (hereinafter referred to as „NMCG‟) on behalf of Ministry of Jal Shakti.

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In response dated 07.01.2023 submitted by District Magistrate, Agra, it is said that report of Joint Committee was reviewed and it was observed that forest block is a rugged forest area under Agra Forest division in which forest department has only constructed earthen check dams to prevent soil erosion and to maintain soil moisture. Construction of earthen check dams has been made using local soil of area for which work plan has been approved by Ministry of Environment Forest & Climate Change, Government of India (hereinafter referred to as „MoEF&CC‟). This information was conveyed by Divisional Forest Officer, Agra, vide letter dated 02.08.2022. Conservator Forest, Agra Circle, Agra, vide letter dated 15.07.2022, approved work rate for forest work. Though Joint Committee has observed that Taj Trapezium Zone ravine restoration is among best examples of ravine restoration for biodiversity protection which is being used by various mammals, birds, and butterfly species, no reptile species were observed during survey, except burrows which may potentially indicate presence of reptiles. Earthen check dams were built to reduce runoff in area and construction of earthen check dams has created negligible disturbance to wildlife of area.

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Tribunal issued order on 20.11.2022 in O.A. 316/ 2022 pursuant whereto, videography and photography were conducted by UPPCB on 15.11.2022, but no mining activity was observed in the vicinity of Taj Mahal. It is said that Mining activities can be permitted only in accordance with UP Minor Mineral (Concession) Rules, 2021 by concerned District Magistrate, but that would be outside forest area.

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Reply dated 07.01.2023 of Chairman, Taj Trapezium Zone is also virtually in the same terms as given by District Magistrate, Agra.

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UPPCB in its reply submitted vide email dated 08.01.2023 has also reiterated and taken same stand as taken by District Magistrate, Agra

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In reply dated 09.01.2023 filed by NMCG on behalf of Ministry of Jal Shakti, it is stated that flood plain zone behind Taj Mahal, which is downstream end of river Yamuna in city of Agra, has not been demarcated and notified by UP State Irrigation Department. Irrigation Department has been requested to complete it immediately. As an interim measure, directions of this Tribunal mandate that 100 meters from edge of river be considered as flood plain zone and hence treated as “no development construction zone”, which has been implemented by Irrigation Department, UP. Thematic maps have been generated using geo-special technology by NMCG for consent site of Agra district from available data sources. It is stated that steps for demarcation of flood plain zone are being taken on priority basis. The relevant extract of reply submitted by NMCG is reproduced as under:

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“The para-wise inputs towards the response of the National Mission for Clean Ganga, Department of Water Resources, River Development, Ganga Rejuvenation, Ministry of Jal Shakti on the Joint Committee Report in the matter of OA no 316/2022- Dr Sharad Gupta vs State of U.P. are as under:

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The site was visited by the members of Joint Committee in the presence of the applicant Dr. Sharad Gupta in the OA No. 316/2022 on 26.07.2022.

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II. Flood plain zone behind the Taj Mahal (which is downstream end of Yamuna River in the city of Agra) has not been demarcated and notified by UP State Irrigation Department.

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Accordingly, Irrigation department has been requested to complete it. Immediately. However, an interim measure, NGT directions which mandates that 100 ,.70Vvtrs from the edge of the river to be considered as flood-and hence treated as no development/construction zone has been implemented by Irrigation Department (Uttar Pradesh). (Uttar Pradesh. Thematic maps have been generated using geospatial technology by the NMC for the concerned site of Agra District, from the available data sources. As per the observation based on prepared thematic maps, check dams; locations were far from 100 meters

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from the edge of the river and this was accepted by committee members as per assessment of Irrigation Department official, the site in question is located approx. 500 meters from Yamuna River bank.

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IV. Check dams that are being constructed in Forest area are not for mining activity but for retaining soil moisture.

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V. Past and present record of biodiversity status is not available with Forest Department including aspects of natural habitats of wildlife in the ravines.

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VI. Thereby field observation using sign survey was conducted by Biodiversity expert of NMCG. It was suggested that the ravine restoration is among the best examples of ravine restoration for biodiversity protection. This restored land is being used by various mammals, birds, and butterfly species. Although no reptile species were observed during the survey, except burrows which may potentially indicate the presence

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of reptiles. These species are cryptic and elusive hence specialized surveys are required to detect these species in any area.

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VII. In a similar attempt to restore ravines for biodiversity conservation in the TTZ area, earthen check dams were built to reduce the runoff in the area and the construction of earthen check dams it seems has created a negligible disturbance to the wildlife other area.

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VIII. A Meeting was held under chairmanship of Executive Director (Technical), NMCG Ministry of Jal Shakti on dated 17.08.2022 to review the status in the aforesaid 0.A No. 316/2022. Based on discussion in the meeting it was conveyed to UP Irrigation Department that the exercise of flood plain zone demarcation should be finished on priority.

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IX. Key components that are still pending from departments are as under:

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a. GIS boundary of forest area from Forest Department;

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b. Biodiversity data loss to ascertain the scenario-base line from Forest Department;

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c. Demarcation of the flood plain zone in GIS format including the geo-coordinates or locations of marking pillars from Irrigation Department

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d. Any other activities outside forest land, as per complaint such as earth cutting

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resulting in soil erosion/changing land use pattern etc. from other concerned

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departments of the State Government.

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X. TTZ Authority, constituted by MoEF&CC should do periodical surveillance and monitoring for comply with the orders of NGT and ensure follow up with the departments concerned.”

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Applicant has filed an objection to Joint Committee report under title „Counter Affidavit dated 06.12.2022‟ stating that huge soil excavation using heavy machines like JCB has been done and report otherwise is not correct. It is also said that within 500 meters from peripheral walls of Taj Mahal no activity can be carried out in view of Supreme Court‟s order dated 24.03.1998 passed in Writ Petition (No. 13381 of 1994), M C Mehta Versus Union of India & Anr.

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Above responses were considered by Tribunal on 10.01.2023 and after hearing parties, Tribunal initially reserved order. However, later by order dated 10.04.2023, it was directed to be listed for hearing again after informing parties.

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In the meantime, District Magistrate, Agra submitted reply dated 11.08.2023. In response to question as to how much time demarcation flood plain zone will be taken in respect of river Yamuna in district Agra‟ it is said that Executive Engineer, Lower Division, Agra Canal, Agra has informed vide letter dated 11.08.2023 that survey work has been completed for demarcation of flood plain zone of river Yamuna in district Agra on 15.07.2023, but due to flood situation, fixing of pillars could not be completed and it will be done in the month of August 2023.

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Another reply/updated report was filed by District Magistrate, Agra vide email dated 17.11.2023 stating that for demarcation, 1,020 pillars have been installed after total station survey with the help of Differential Global Positioning System (hereinafter referred to as „ DGPS ‟). It is further said that Central Water Commission (hereinafter referred to as „ CWC ‟)

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vide office memorandum dated 05.09.2023 has constituted a „Committee

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for Flood Plain Zoning of river Yamuna‟ for the stretches:

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(i) From Asgerpur to Itawah

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(ii) From Shahpur to Prayagraj.

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Said Committee has further formed a technical core Committee for data collection and flood plain delineation as per written period analysis and any other technical requirements required by study. Further demarcation of flood plain zone on ground will be done by State Government. Said Committee is required to complete work within a period of four months. Since now, high level Committee constituted by Central Water Commission has been entrusted with job, same has to be performed accordingly.

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On 17.05.2024, response of District Magistrate was considered by Tribunal. It found that since CWC has already constituted High Powered Committee for identification/demarcation of flood plain zone of river Yamuna, therefore, now response has to be obtained from CWC which was impleaded as respondent 9 vide order dated 17.05.2023. Notice was issued to enable it to submit its reply. No response was filed by next date i.e., 11.07.2024. Therefore, Tribunal took matter seriously, imposed cost upon respondents 2 and 9 on whose behalf further time was sought to file reply, and time was accordingly granted..

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Accordingly, respondent 2 and 9 submitted report vide email dated 02.08.2024 stating State Government vide letters dated 20.12.2022 and 13.02.2023 requested CWC for determination/demarcation flood plain zones respectively for the following two stretches on river Yamuna:

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(i) Asgerpur to Itawah

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(ii) Shahpur to Prayagraj

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Accordingly, vide office memorandum dated 05.09.2023, CWC constituted a Committee comprising representatives of National Remote Sensing Centre; National Institute of Hydrology; Ganga Flood Control Commission; NMCG; Government of UP, Department of Water Resources; and officials of CWC. Before first meeting of Committee, pre-requisites for taking studies were completed by carrying out 2-D inundation mathematical model setup, ascertaining data requirements, and also carrying out preliminary run of 2-D inundation model with available data sets comprising 30-meter SRTM Digital Elevation Model, discharge data of eight CWC discharge stations, and cross sections of 24 CWC sites. Outcome of preliminary run of 2-D inundation model in the form of district-wise inundation in affected districts by river Yamuna was examined. First meeting of Committee thereafter was held on 11.12.2023, and Committee finalized following data requirements along with resources of its availability as below:

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Data	Source	Specifications
High Resolution DEM	CWC	LiDAR data
Water level, discharge,	NWC, UP Irrigation	Along study str	etch, all
cross-section	Department, CWC	historical CWC/State sites	data,
Embankment &	U.P Irrigation Dept.	Design details	& shape
structure details		files/ locations
Inundation layers for	NRSC, U.P.	Inundatin laye	rs or
data-wise events	Irrigation Deptt.	Raster satellite i past events	mages of
Demarcation of Flood	U.P. Irrigation Dept.	Any earlier	details
Plains		(preferably in sha	pe file)
Bathymetry/section	CWC, NIH, Roorkee,	Close interval	cross-
survey cross	State Govt.	sections of Yamu	na

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Committee also constituted its Core Committee for development of model and coordinating with various agencies involved. Committee was

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mandated to evaluate both types of satellite images (resolution of 5.8 M as well as those finer than 5.8 M) before deciding on suitability of resolution.

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Details of further steps taken by Committee are also given, which we for the time being, omitting.

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Tribunal on 06.08.2024 considered matter and found steps taken by Committee to be not satisfactory when initially CWC required Committee to complete task within four months, but more than seven months have passed and task was not completed. Recording its dissatisfaction on such laxity, Tribunal required Chairman CWC and Chairman of Committee to appear before Tribunal on next date.

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Today, Shri A.S Goel, Member River Management, CWC and Chairman of Committee constituted by CWC vide order dated 05.09.2023 is present.

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Chairman CWC is not present and has filed IA No. 352/2024 stating that in a pre-notified programme he has to attend certain proceedings at Vienna on 11.09.2024, thus, his personal appearance may be exempted. Request has also been made to set aside cost of Rs. 50,000 upon respondents 2 and 9.

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Cause shown for non-appearance of Chairman CWC is satisfactory; hence, we exempt personal appearance for today.

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So far as issue of cost is concerned, same was already negated by order dated 06.08.2024, and similar request cannot be accepted again by means of this IA.

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On behalf of CWC, an additional reply vide email dated 28.08.2024 has been filed in which substantial facts stated earlier have been reiterated. In initial part, constitution and functions of CWC have been

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narrated, and thereafter steps taken for demarcation/identification of Flood Plain Zone have also been detailed. However, in para 19(G), it has been stated that study will be completed by 08.12.2024 i.e., in next four months; However, efforts will be made to present results within three months.

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Shri A.S Goel, Chairman of Committee is present in Tribunal physically. During course of arguments he made a statement that by 30.11.2024 report of Committee identifying and demarcating flood plain zone for two stretches noted above shall be submitted to State Government, and thereafter it is the function of State of UP to notify the same in accordance with law.

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Shri Bhawar Pal Singh Jadon, Advocate appearing for State of UP, after receiving instructions from Shri A.K. Sachan, HOD, Irrigation Water Resources in Department of Irrigation, State of UP, made a statement that within two weeks from the date of receipt of report regarding identification/demarcation of flood plain zone from Committee constituted by CWC or from CWC, Irrigation Department shall issue necessary notification within three weeks.

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It means that in case report is submitted by 30.11.2024, requisite notification by State of UP shall be issued by 21.12.2024.

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Accepting above statement made at the bar we find it appropriate to dispose of this Original Application by directing above authorities to act upon in terms of above statement and do needful as per timelines mentioned above in this order.

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Compliance report shall be submitted by CWC by 10.12.2024 and State of UP by 06.01.2025 with Registrar General of this Tribunal. If any further order is required, Registrar General shall place the matter before the Bench concerned.

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¶147

With above directions, this Original Application is disposed of.

¶148

Sudhir Agarwal, JM

¶149

Dr. Afroz Ahmad, EM

¶150

September11, 2024 Original Application No.316/2022 M

¶151

Dr Sharad Gupta vs

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Dr Sharad Gupta vs

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