Disposed

Sarita Singh vs

NGT4 Sept 2024IA No. 409/2024 in Original Application No. 595/2022

Case brief

AI extract

What is this about?

The National Green Tribunal rejected interim applications and directed the District Magistrate of Meerut to file a proper written statement regarding encroachments in a lake. The court also required the State to submit details of its rehabilitation policy for such areas.

What did the court decide?

Directed the District Magistrate to file an appropriate report within one week or appear in person; directed the State to submit the relevant rehabilitation policy.

Sarita Singh vs — Environment and Pollution | NGT (2024)

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Court No. 2

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Item No. 10

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 595/2022 (IA NO 410/2024, IA NO 409/2024, IA NO 7/2024)

Sarita Singh

Applicant(s)

Versus

State of U.P Respondent(s)

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Date of hearing: 04.09.2024

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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: None Ms. Deep Shikha Bharati, Advocate for applicant in I.A. No. 07 of 2024, I.A. No. 409 and 410 of 2024. Amicus Curiae: Mr. Ravindra Kumar, Senior Advocate with Mr. Shivam Saxena

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Respondents: Mr. Bhanwar Pal Singh Jadon, Advocates for respondents no. 1, 2 and 4 Mr. Pradeep Misra and Mr. Daleep Dhyani, Advocates for respondent no. 3 (through VC).

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ORDER

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IA No. 409/2024 : This application has been filed on behalf of some unknown, undisclosed Bengali families of Nangla Gosai, whose names, particulars, etc. have not been stated anywhere in the entire application. Further, a prayer for a d interim / stay against eviction proceedings have been made but capacity in which this application has been filed has not been disclosed.

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Ms. Deep Shikha Bharti, Advocate for applicant in IA did not dispute that the applicants of this IA is/are not party to proceedings in

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view thereof this application is totally misconceived, not maintainable hence rejected.

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IA No. 410/2024: This is an application filed by applicants Karthik and Pankaj Biswas seeking exemption from filing eligible documents at page 26 to 35 and in format prescribed.

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Since above applicants who have filed IA are not party to the proceedings, in our view, this application is not maintainable and is accordingly rejected.

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IA No. 7/2024 : This is an application seeking impleadment of the applicants as respondents. We find that in the entire application, no name of any person has been given who is to be impleaded in the matter. Para 1 of application says that this application is for impleadment by applicants on behalf of Bengali Basti, resident of village Nagla Gusai, P.OAgwanpur, Tehsil- Mawana but no name of so-called applicant has been given in application.

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In absence of disclosure of details of person who is seeking impleadment, we do not find that any order for impleadment can be passed. I.A is according to rejected.

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Original Application: This Original Application (hereinafter

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referred to as ‘ OA’ ) was registered in exercise of suo-moto jurisdiction on a letter petition dated 26.11.2022 received from Sarita Singh, Gram Pradhan, Nangla Gosai block Parikshitgarh, Tehsil Mawana, District Meerut complaining about encroachment on land of lake and Wildlife Sanctuary situated in Nagla-Gosai, Block Parikshitgarh, Tehsil Mawana,

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District Meerut damaging biodiversity, environment and ecological balance of the lake and Wildlife Sanctuary.

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Tribunal took cognizance of the matter on 19.09.2022 after being prima-facie satisfied that substantial question relating to environment has arisen out of the implementation of enactments specified in Schedule I of National Green Tribunal Act, 2010 (hereinafter referred to as ‘ NGT, Act, 2010’). However, Tribunal found it appropriate to constitute a joint Committee to collect factual report. Joint Committee comprised of U.P. State Pollution Control Board (hereinafter referred to as ‘ UPPCB’) , Divisional Forest Officer, Meeru t(hereinafter referred to as ‘ DFO, Meerut’) and District Magistrate, Meerut. Committee was required to submit report within one month.

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Joint Committee filed its report dated 05.01.2023 through Regional Officer, UPPCB, Meerut. Report stated that Joint Committee visited the site on 27.12.2022 and as per its observation, site position is as under:-

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“According to the report village Nagla Gosai Pargana Kithore Tehsil Mawana District Meerut Khasra No 538Mi(area 0.4050Hect), Khasra No 569Mi(area 39.1150Hect), Khasra No 571/1/1Mi(area 1.960Hect), Khasra No 572Mi(area 14.8840Hect), Khasra No 600Mi(area 14.0620Hect), Khasra No 602/1Mi(area | 0.6320Hect), Khasra No 607/2/1Mi(area 0.0250Hect), Khasra No 624/Mi(area 0.1770Hect), Khasra No 622Mi(area 0.2280 Hect). Total No 9Rakba having Total area 71.4880Hect which are as per revenue record reported to be a lake(Category06(1)).

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1 The Khasra No 538Mi(area 0.4050Hect) was found to be forest. The Khasra No 602/1Mi(area 0.6320Hect), Khasra No 622Mi(area 0.2280 Hect) was found vacant. The Khasra No 569Mi(area 39.1150Hect) and Khasra No 572Mi(area 14.8840Hect) on which a Bengali Basti is situated partially, which is under forest area. The Khasra No 571/1/1Mi(area 1.960Hect), Khasra No 600Mi(area 14.0620Hect), Khasra No 607/2/1Mi(area 0.0250Hect), Khasra No 624/Mi(area 0.1770Hect) on which villagers are cultivating partially on the area which is categorized as category 06(1). As per report the peoples residing in Bangali Basti for last 40 years, as they are cultivating the fields in village Nagla Gosai Pargana Kithore Tehsil

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Mawana District Meerut for there livelihood. These people does not have any permanent house and residing in the said area for last 40 years. the said area falls under the forest area, where any type of agriculture/housing purpose could not be allowed. For rehabilitation of Bengali Basti people the only option is to rehabilitee them to some other suitable place after selection of suitable place. The factual report is being submitted along with the report for kind perusal and further action in this regard.”

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Divisional Director, Social Forest,Division, Meerut also submitted a report dated 06.03.2023 wherein observations of Joint Committee were reiterated. It further said that area falls in Hastinapur Wildlife Sanctuary boundaries where any activity agriculture/housing cannot be allowed. For rehabilitation of Bengali Basti people, only option is to rehabilitate them to some other suitable place after selection of suitable place. Relevant extract of report of Divisional Director, Social Forest Division, Meerut is reproduced as under:-

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“According to the report as per revenue records of village Nagla Gosai Pargana Kithore Tehsil Mawana District Meerut the said Khasra No 538Mi (area 0.4050 Hect), Khasra No 569Mi (area 39.1150Hect), Khasra No571/1/1Mi (area 1.960Hect), Khasra No 572Mi (area 14.8840Hect), Khasra No 600Mi (area14.0620Hect), Khasra No 602/1Mi (area 0.6320Hect), Khasra No 607/2/1Mi (area 0.0250Hect), Khasra No 624/Mi (area 0.1770Hect), Khasra No 622Mi (area 0.2280 Hect). Total No 9 Rakba having Total area 71.4880 Hect which are as per revenue record reported to be alake (Category 06 (1)) i.e. Jheel.

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At present on ground The Khasra No 538Mi (area 0.4050Hect) was found to be having green tree covered i.e. Forest like. The Khasra No602/1Mi (area 0.6320Hect), Khasra No 622Mi (area 0.2280 Hect) was found vacant. The Khasra No 569Mi (area 39.1150Hect) and Khasra No 572Mi (area 14.8840 Hect) on which a Bengali Bastiis situated partially. The Khasra No 571/1/1Mi (area 1.960 Hect), Khasra No 600Mi (area 14.0620 Hect), Khasra No 607/2/1Mi (area 0.0250Hect), Khasra No624/Mi (area 0.1770Hect) on which villagers are cultivating partially on the area which iscategorized as category 06(1) i.e Jheel.

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On 17th November 2022 team members through munadi (verbal announcement in local language) communicated to local bengali basti people to vacate this govt land.

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As per SDM Mawana joint report the peoples residing in Bangali Basti for last 40 years, as they are cultivating thefields in village Nagla Gosai Pargana Kithore Tehsil Mawana District Meerut for there livelihood. These people does not have any permanent house and residing in the said area for last 40 years.

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The said area falls under the Hastinapur wildlife sanctuary boundaries, where any type of agriculture/housing purpose could not be allowed on Government land. For rehabilitation of Bengali Basti people the only option is to rehabilitate them to some other suitable place after selection of suitable place.

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Forest Range officer Parikshitgarh Range vide letter no 112/35-1 dated 03-12-2022 informed that the said khasra numbers where partial agriculture & Bengali bastilocatedis recorded as Jheel (type 06) in revenue records. This government revenue land comes under boundaries of Hastinapur wildlife sanctuary. Forest team is doing coordination with revenue officials to vacate the said land.”

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Above report and replies were considered by Tribunal on

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05.04.2023 and it required respondents 1, 2 and 4 to provide details of

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occupants in the following format:

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Sr. No	Name of the Occupant	Details regarding occupant with:- (i) voter card number, (ii) Aadhar Card number and (iii) Electricity connection number	Area encroached:- (i) for house and (ii) for cultivation with specific measurements and boundaries	Date of Encroach ment	Action taken / to be taken:- (i) for removal of encroachment and (ii) resettlement/ rehabilitation of the occupants	Remarks

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District Magistrate, Meerut thereafter filed its report dated 20.06.2023 vide email dated 10.07.2023 and gave details of khasra numbers and current status as under:-

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Details of 76 occupants have also been given on page 64 to 88 of paper book.

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Tribunal in its order dated 11.07.2023, observed that as per Revenue Record of 1424-1429 Fasli, total plot area of 71.4880 hectare was recorded as lake. Authorities admitted encroachment on public land and lake but no action for removal of encroachment was taken by authorities concerned. There was no identification and demarcation of land and area which was encroached and required to be cleared. Tribunal therefore directed district authorities to identify and demarcate land and remove encroachment within a time period. With regard to rehabilitation, Tribunal observed that appropriate action as per existing rehabilitation policy of State shall be taken.

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Tribunal also required district authorities to submit report on the following points.

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i. Identification and demarcation of lake area.

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ii. Removal of encroachment in accordance with law

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iii. Protection of land

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Compliance report dated 30.09.2023 was filed by a Regional Officer, UPPCB, Meerut. The said report submit reply on above three points as under:-

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“बिन्दु सं0-05 (1) में झील की पहचान एवं सीमांकन के संबंध में सादर अवगत कराना है कक ग्राम नंगला गौसाई परगना ककठौर तहसील मवाना जिला मेरठ में झील के खसरा स० 538मम० रकबा 0.4050 है० 569 मम० रकबा 39.1150है०, 571/1/1 मम० रकबा 1.9600 है०, 572 मम० रकबा 14.8840 है०, 600 मम० रकबा 14.0620 है०, 602/1 रकबा 0.6320है०, 607/2/1 रकबा 0.0250है०, 624/1मम० रकबा 0.1770 है० व 622 मम० रकबा 0.2280है० का पूवव में ही पहचान एवं सीमांकन ककया िा चुका है तथा आख्या मा० राष्ट्रीय हररत अधधकरण ददल्ली को प्रेषित की िा चुकी है। (छायाप्रतत संलग्न है।)

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बिन्दु सं0-05 (2) में तनयमानुसार अवैध कब्िा हटाने के संबंध में तनदेमित ककया गया है। जिसके संबंध में ग्राम नंगला गौसाई में जथथत झील के खसरा नम्बरान पर पूवव में ददनांक 17.06.2023 को सीमांकन करते समय पाया गया है कक झील पर थथाई एवं अथथायी प्रकार का अततक्रमण बंगाली समुदाय के द्वारा ककया गया था। तत्समय ही थथायी अततक्रमणकतावओ के षवरूद्ध रािथव संदहता 2006 की धारा-67 के अन्तगवत मा० न्यायालय तहसीलदार मवाना के यहााँ बेदखली हेतु आख्या प्रेषित कर दी गई थी। वतवमान में वाद मा० न्यायालय के यहााँ षवचाराधीन है वाद तनथतारण के उपरान्त उक्त के संबंध में तनयमानुसार काय व ाही अपेक्षित है तथा इसके पुनवावस हेतु िासन थतर पर पत्राचार ककया िा रहा है। (जिसकी छायाप्रतत संलग्न है।) अथथायी अवैध कब्िे के संबंध में अवगत कराना है कक बंगाली समुदाय के कुछ पररवारों द्वारा झील के उक्त खसरा नम्बरान पर कृषि के ककये गये अवैध कब्िे को हटवा ददया गया था। िो मौके पर खाली पडे है। साक्ष्य थवरूप फोटोग्राफ संलग्न है तथा िेि भाग में पानी भरा होने के कारण िंगली घास इत्यादद खडी है। कृषि कायव के रूप में कोई कायव नही हो रहा है।

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बिन्दु सं0-05 (3)- के संबंध में मा० राष्ट्रीय हररत अधधकरण ददल्ली द्वारा भूमम के संरिण हेतु तनदेमित ककया गया जिसके संबंध में सादर अवगत कराना है कक उपरोक्त समथत झील िेत्र को संरक्षित रखने के संबंध में संबंधधत अधधकाररयों एवं थथानीय िनसमुदाय के मध्य समन्वय थथाषपत कर झील िेत्र को झील के

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रूप में लाने व िलमग्न िेत्र की तनयममत साफ-सफाई की कायवयोिना हेतु प्रथताव तैयार ककया गया है। (काय व ृत्त की प्रतत संलग्न है।)

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Tribunal’s Translation

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“ point no. 05 (1): Regarding the identification and demarcation of the lake in, it is to be respectfully informed that in village Nangla Gausai Pargana Kithaur Tehsil Mawana District Meerut, Khasra S of the lake is 538 m area 0.4050 ha, 569 m area is 39.1150 ha, 571/1/ 1 m area is 1.9600 ha, 572 m area is 14.8840 ha, 602/1 m area is 0.6320 ha, 607/1 m area is 0.0250 ha, 624/1 m area is 0.1770 ha and 0 area of 0.2280 hectares in the east Identification and demarcation has been done and the report has been sent to the National Green Tribunal, Delhi. (Photocopy attached.)

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Point no. 05 (2): instructions have been given regarding removal of illegal encroachment as per rules. In relation to which, while demarcating Khasra Number of the lake situated in village Nangla Gausai earlier on 17.06.2023, it was found that permanent and temporary encroachment on the lake was done by the Bengali community. At that time, the Revenue Code 2006 was issued against permanent encroachers. The report was sent. Presently the case is pending before the Honorable Court. After the disposal of the case, action is expected in this regard as per rules and correspondence is being done at the government level for its rehabilitation. (Photocopy of which is attached.) Regarding temporary illegal occupation, it is to be informed that some families of Bengali community are using the said Khasra Number of the lake for agricultural purpose. The illegal encroachment was removed. Which is lying vacant on the spot. A photograph is attached as evidence and due to waterlogging in the remaining area, wild grass etc. are standing. No agricultural work is being done.

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Point no. 05 (3) - Honorable National Green Tribunal, Delhi directed for the conservation of land, in connection with which it is respectfully informed that there is coordination between the concerned authorities and the local population regarding preserving the entire lake area mentioned above. A proposal has been prepared to establish an action plan to transform the lake area into a lake and to regularly clean the submerged area. (Copy of the minutes is attached.)”

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Thereafter various orders were passed from time to time and some reports have also been obtained but fact remains that effective steps for restoration of water body to its original position were not taken by authorities concerned and substantial area thereof still remain under encroachment.

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On 16.07.2024, District Magistrate appeared before Tribunal and stated that appropriate action shall be taken within four weeks. Hence, time prayed by him was allowed and he was required to file an updated status report.

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No report as required from the district Magistrate has been filed till date.

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Sh. Bhanwar Pal Singh Jadon, Advocate appearing for District Magistrate, Meerut refers to a letter dated 29.08.2024 sent by the District Magistrate, Meerut to Registrar General of this Tribunal.

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This letter is not a report to Tribunal filed in a proper way. On questioning, learned counsel appearing for District Magistrate, Meerut could not answer as to how District Magistrate can directly send a letter to Registrar General in a matter which is pending for consideration before Tribunal on judicial side. We are not in a position to consider above letter of any consequence in the present proceedings and for all purposes the position as on today is that no report has been submitted by District Magistrate.

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We also make it clear that in future if any report is filed by any authority directly to Tribunal, and that too not in the form of an affidavit, the authority concerned shall personally remain present in Tribunal or

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the said document shall be filed in accordance with the rules through Advocate representing such authority.

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It is pointed out to us that if some reply is to be filed, rules of Tribunal refers to written statement and not an affidavit. We make it clear that when written statement is to be filed, the same should be filed in the manner written statement is to be drafted by giving para wise reply of document to which written statement is being filed and it should be verified as per the rules. Otherwise document must be on affidavit and somebody should take responsibility of the facts asserted in said document.

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We direct Distinct Magistrate to file appropriate report within one week failing which he shall appear in person before Tribunal on the next day.

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We also require learned Amicus Curie and Counsel appearing for State to find out whether there is any rehabilitation policy of State of UP and that too whether any such policy is applicable in regard to encroachment on lake area /water body and place the relevant material on record by next date.

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List on18.09.2024.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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September 04, 2024 Original Application No. 595/2022 (IA NO 410/2024, IA NO 409/2024, IA NO 7/2024) AB

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Sarita Singh vs

Case brief

What is this about?

What did the court decide?

Sarita Singh vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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