An application for impleadment was rejected as defective and withdrawn. On compliance, the TN noted insufficient cleanup, poor water quality, and missed meetings for land allotment, ordering revision by a specific date.
Application rejected. Compliance affirmed with time extension; fresh affidavit ordered by 20.02.2025.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No. 12
Court No. 2
BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Original Application No. 602/2022 (IA No. 579/2024)
Utkarsh Singh Chauhan Applicant
Versus
State of UP & Ors.
Respondent(s)
Date of hearing: 19.11.2024
CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None Mr. Anirudh Wadhwa and Mr. Kartik Gupta, Advocates for Applicant in I.A. No. 579 of 2024 Respondents: Mr. Bhanwar Pal Singh Jadon, Advocates for State of U.P. with Mr. Surya Pal Gangwar, DM, Lucknow Mr. Ajay Jain, CDO, Lucknow and Mr. Sitanshu Pandey DFO, Lucknow (through VC) Mr. Pradeep Misra and Mr. Daleep Dhyani, Advocates for UPPCB (through VC)
ORDER
law.
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The Government order provides that ' अतिक्रमणहटायेजानेसम्बन्धी काययवाहीकरिेसमयअनुसूतििजाति / जनजातिकेतकसीगरीबव्यक्तििथाअन्य भूतमहीनएवंतनरातिि व्यक्तिय ंका उत्पीड़न नह नेपाये। यथा सम्भव उिवि वतणयिगरीवएवंतनरातििव्यक्तिय ंकेआवासकीव्यवस्थातकयेजानेकेबादही उनक बेदखलकरनेकीकाययवाहीकीजाये।
It is further submitted that the poor, landless and scheduled caste people who fall within the ambit of the eligibility for housing allotment should be evicted only after rehabilitation.
" अवगिकरानाहैतकपररषदपत्ांकआर -434 / जी -05-09 डी /2024 तदनांक 14.07.2024, द्वारा सामान्यपररक्तस्थतिय ंमेंभूतम सुधार काययकम केअंिगयि ह नेवालेतवतभन्नप्रकार केआवंटन ंसेसंबंतधि लक्ष्यप्रदान तकयेगयेहै। परंिु उि प्रकरण कीमहत्ता केदृतिगि तजलातधकारी , लखनऊ द्वारा पुनवायसन हेिु पात्पाये गये 121 पररवार ं क आवास आवंटन तकये जानेहेिु तनयमानुसार यय तिि्काययवाहीकीजासकिीहै ... । "
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Rule 61-64 of the U.P. Revenue Code Rules 2016, the Secretary/Lekhpal of the Land Management Committee, Village Gadhi Chunauti informed the Chariman/Members for meetingon 08.11.2024 for action/proposal but the Chairman/Members did not appear at the fixed place and time. The Secretary/Lekhpal again called the Chairman/Members for action/proposal on 16.11.2024 but the Chairman/Members did not appear at the fixed place and time, therefore in compliance of the orders passed by this Hon'ble Tribunal, the further proceedings is in process for marking the land for allotment of house to the eligible poor and landless families residing over the pond land.
Removal of Hyacinth
The work of cleaning hyacinth in the pond is continuously being done at the level of department.
iii. Identification and taping of drains to curtail Pollution Source sat inlet.
In compliance of the order dated 08.08.2024 passed by this Hon'ble Tribunal, the contaminated water of the drain has been mixed with the Nagwa drain through previously constructed drain by modifying it by making three layer waste stabilization pond/waste stablusatibn pond. In this way, no grey water is getting mixed in the pond water.
A detailed model DPR was prepared by the Executive Engineer, Irrigation Department, Lucknow for the renovation, conservation
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and beautification of the Chande Saba pond and the efforts are being made to get the work of excavation and lifting of soil of the remaining pond area done by NHAI and other implementing agencies to be put on the roads being constructed in the interest of government work, in which in the first phase, permit no. NOC/OE/2024/7/4/376328 dated 02.08.2024 was granted to PNC Infratech Ltd for excavation/lifting of 34363 cubic meters from about 2 hectare area.
vi. Development of Green Belt
Divisional Forest Officer, Avadh Forest Division, Lucknow had informed vide letter dated-16.11.2024 that for the protection of Chande Baba pond, a total of 1000 plants have been planted with iron tree guards as per environmentally friendly species and the success rate of all the said planted plants is 100 percent. Similarly, Block Development Officer, Sarojininagar, Lucknow has also informed that under the MNREGA scheme, a total of 1300 plants have been planted in the years 2023-24 and 2024-25, which are currently alive.
vii. Water Monitoring of the Pond
Regional Officer, Pollution Control Board Lucknow has informed vide letter dated 03.10.2024 that in compliance of the order passed by this Hon'ble Tribunal, the water of Chande Baba pond is being monitored on a monthly basis. The updated report of Regional Officer, Pollution Control Board, Lucknow is being annexed herewith as Annexure No. 2 to this affidavit.”
be done and even water quality is extremely poor, showing high level of contamination.
Sudhir Agarwal, JM
Dr. Afroz Ahmad, EM
November 19, 2024 Original Application No. 602/2022 (IA No. 579/2024) SN
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2 issues framed by the court
Whether a defective application seeking impleadment can be allowed to be withdrawn with liberty to file a proper application.
Whether the respondents have adequately complied with the Tribunal's orders regarding removal of encroachment and pollution control measures for the pond.
Utkarsh Singh Chauhan
State of UP
Sudhir Agarwal
Afroz Ahmad
As recorded by the court registry
An application for interim relief made while the main matter is pending.
Judgements on the same questions, provisions and authorities, from every court
