Disposed

Misc Application in disposed of cases No. 3/2024 in Original Application No. 64/2023 of Shambhu Goswami v. Madhya Pradesh Pollution Control Board

NGT4 Apr 2024Misc Application in disposed of cases No. 3/2024 in Original Application No. 64/2023

Case brief

AI extract

What is this about?

In Misc. App. No. 03/2024(CZ), the Bench addressed encroachment (murrum filling) on a pond area by respondents. Following a committee report confirming violations of Wetlands Rules, the court constituted a multi-agency monitoring committee and refined orders for pillar fencing, tree plantation, and periodic monitoring to protect the wetland.

What did the court decide?

Constitution of a committee for protection, fencing, and plantation; periodic monitoring of the pond area ordered.

Misc Application in disposed of cases No. 3/2024 in… — Environment and Pollution | NGT (2024)

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Item No. 02

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Misc. Application No.03/2024

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Original Application No.64/2023(CZ)

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Shambhu Goswami Applicant(s) Vs

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State of Madhya Pradesh & Ors. Respondent(s)

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Date of Hearing: 04.04.2024

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

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For Applicant (s): Mr.Prateek Jain, Adv.

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For Respondent(s) :

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ORDER

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A repot has been received from the committee in compliance of the Order dated 02.08.2023 in O.A, No. 64/2023 (CZ). The committee has observed as under:

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i. As per land demarcation report submitted by Tehsildar Datia no murrum filling has been carried out by Respondent No. 4 and 5 inside the khasra no. 1835 which is Lala Ka Tal pond area. Murrum has been filled by Respondent No. 4 and 5 on part of their own private land at khasra nos. 1832, 1833 and 1834 situated adjoin to Lala Ka Tal pond.

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ii. Wetlands (Conservation and Management) Rules, 2017 are enforced in whole India from 26.09.2017 by MoEF&CC. These rules restrict the development activities related to construction of permanent nature except for boat jetties within 50 meters from HTL of a pond identified as Wetland

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In view of the above report, we constitute the following committee to improve the situation and monitoring :

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i. The Collector, Datia (M.P.)

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ii. Madhya Pradesh Wetland Authority (M.P.)

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iii. Environmental Planning & Coordination Organisation EPCO (M.P.)

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iv. The Divisional Forest Officer, Datia (M.P.)

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The members at sl. No. 1, 2 and 3 shall finalise the protection of the area of pond by pillar and wire after proper identification, which has already been done by the Tehsildar and the Forest Department shall do the plantation around the area so that it may be protected by further encroachment. The committee shall periodically monitor the protection of the pond area and the protection of the trees.

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With these observations the miscellaneous Application No. 03 of 2024(CZ) stands disposed of accordingly.

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Sheo Kumar Singh, JM

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Dr. Afroz Ahmad, EM

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4^th April, 2024 M.A. No. 03/2024(CZ) K

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Misc Application in disposed of cases No. 3/2024 in Original Application No. 64/2023 of Shambhu Goswami v. Madhya Pradesh Pollution Control Board

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 3/2024 in Original Application No. 64/2023 of Shambhu Goswami v. Madhya Pradesh Pollution Control Board

Case brief

What is this about?

What did the court decide?

What the court decided

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