Dismissed

Umesh Chand Verma vs

NGT23 Jul 2024Original Application No. 93/2024

Case brief

AI extract

What is this about?

Appellant challenged an order dismissing allegations of wetland encroachment at Nehru Nagar, Agra. The Tribunal observed no revenue record of a pond and found the complaint frivolous. The application was dismissed.

What did the court decide?

The Original Application filed under Section 14 & 15 of the NGT Act, 2010 was dismissed on finding the allegations of pond encroachment to be frivolous and unsupported by revenue records.

Umesh Chand Verma vs — Writ and Judicial Review | NGT (2024)

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Court No. 2

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Item No. 11

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 93/2024

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Umesh Chand Verma Applicant

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Versus

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State of U.P & Ors Respondent

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Date of hearing: 23.07.2024

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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 Respondents: Mr. Bhanwar Pal Singh Jadon and Mr. Chetan Jadon, Advocate of State of Uttar Pradesh. Ms. Sthavi Asthana, Advocate for ADA(through VC) Mr. Yashwardhan and Mr. Pranav Das, Advocates for District Judge, Agra Mr. Arvind Kumar and Ms Shashi Kiran, Advocates for UPPCB (through VC)

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ORDER

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This Original Application (hereinafter referred to as ‘ OA ’) has been registered under Section 14&15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘ NGT Act, 2010’ ) on a letter petition dated 02.03.2023 sent by Umesh Chand Verma, Advocate, Chairman, Citizens Forum, Agra.

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Complainant has alleged that there was big pond at Nehru Nagar for beautification whereof, an advertisement was published by

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Nagar Nigam in newspapers on 30.08.2020 but no beautification activity has been carried out and instead, area of pond is being encroached by land grabbers. In Agra city, as per Revenue Record there are more than 50 ponds where against, 30 have been encroached and illegal constructions have been raised. Now pond at Nehru Nagar is 31^st in number which is being encroached by land grabbers. Applicant also said that in Gata No. 495-510 there is a Rajawaha Sikandra which is owned by Irrigation Department but Gata No. 510 is presently under ownership of District Judge, Agra. Earlier, there was a canal of Irrigation Department from “Sikandra Rajawaha-Baghwan” Talkies Crossing and from Baghwan Talkies Crossing, Nehru Nagar leading to Judges Compound, Akhbari Church pond. Presently Goolkacheri canal has been closed as a result whereof, the pond at Judges compound and Akhbari Church has dried up.

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Taking cognizance of compliant on 02.04.2024, this Tribunal impleaded following as respondents:-

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(1) State of U.P. through Secretary, Ministry of Environment,

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Forest & Climate Change, Lucknow

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(2) Uttar Pradesh State Wetland Authority through its Member Secretary

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(3) Agra Development Authority through its Vice Chairman

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(4) Divisional Forest Officer, Agra,

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(5) District Magistrate, Agra and

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(6) Uttar Pradesh Pollution Control Board through its Member Secretary, Lucknow (hereinafter referred to as ‘ UPPCB ’)

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Tribunal also found it appropriate to obtain a factual report for which it constituted a Joint Committee comprising Member Secretary, State Wet Land Authority, U.P State PCB DFO, Agra and District Magistrate, Agra.

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Pursuant to order dated 02.04.2024, Joint Committee has submitted its report dated 05.06.2024 stating that Gatas No. 454, 511 and 510 situated in Mauza Lashkarpur, Tehsil Sadar, Agra having total area of 58 Bigha 19 Biswa are under control and supervision of District Judge, Agra. In Revenue Record there is no pond/canal in above Gata Nos. and no canal/Rajawah is situated at the spot. Vacant land situated in Nehru Nagar Park which is part of Judges Compound having common residences on its three sides wherein Judicial Officers, District Administration Officers, Employees of District Court and other Administrative Departments are residing. On the north of the said land there is a road and then Nehru Nagar Park is located after the road. The observations and recommendations and also point wise report given by Joint Committee is reproduced as under:-

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“The point-wise report is as follows: -

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1. District Magistrate Agra vide his letter dated 31.01.2018 along with the report of Sub Division Magistrate, Sadar informed that the vacant land in-front of Nehru Nagar Park in which road side boundary wall is about 02 Feet high and it is broken at many places. The area of the land from the road side, the north side is 276.45m, the south side is 279m, the east side is 76.25m

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and the west side is 27.50m. Thus the total area is 13580 SQM i.e. 1.3580 hectares. It is also mentioned in the above report the land in question is in the form of a pit on the ground, a part of which is filled with dirty water and the rest of land is vacant. The land is undisputed in the records. Construction work can be done on the land after obtaining prior permission regarding approval of map from concerned authorities.

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Recently report has been submitted by Tehsildar, Sadar on dated 02.05.2024 that in the revenue records Gata No- 454, 511 and 510 situated in Mauza- Lashkarpur. Tehsil-Sadar. Agra having total area of 58 Bigha 19 Biswa is under the control and supervision of District Judge Saheb Bahadur. In the revenue record there is no pond/canal in the above Gata nos, and no Canal Rajwaba is situated at the spot. The photocopy of the report is attached herewith. (Annexure-9).

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2. The vacant land situated in front of Nehru Nagar Park which is the part of Judge compound having government residences on its three sides in which Judicial officers. District administration officers and employees of district court and other administrative departments resides, On the north of the said land there is a road and then Nehru Nagar Park is located after the road. On the part of the said land. the construction of 09 suits Guest House is proposed for the staying of Hon'ble Judges of Hon'ble Courts, for which drawings and estimate were earlier sent to the Hon'ble High Court Allahabad for approval vide letter dated 04.10.2018 by the District Court Agra which was forwarded to UP Government for administrative and financial approval by the D.O. letter dt. 28.01.2019 of Hon'ble High Court Allahabad. As per the recent information, again rectified estimate has also been sent vide letter dated: 21.01.2023 to Hon'ble High Court. Allahabad which is awaited for approval.

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Apart from above, in compliance with the orders passed by Hon'ble Supreme Court in Writ Petition No. 643/2015 dt. 04.01.2024 for the partial portion of the said land Hon'ble High Court and UP. Government vide letter no.- 491 (1) सात - न्या - 9 ( बजट )- 2024 दिनाक 24.02.2024 directed for the construction of transit hostel to compliance of the above. District Court Agra vide its letter no.-1305 पन्दल dt 07.03.2024 forwarded the proposal to Hon'ble High Court Allababad which is pending Photocopy of the relevant letters related to the above proposed guest house, transit hostel are attached.

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In view of the above proposal, debris, collected from the construction/repair and demolition of dilapidated buildings of residential and non- residential premises of District Court has been used for levelling the said land itself. The said land is neither in the possession of any private person or land mafia, nor it is being developed by any private person or land mafia. Whatever levelling work has been done on the said land has been done by District Court. Agra. However during the leveling of the said land, few anti-social elements with vested interest. tried to create obstacles Sub-Inspector. Hariparwat on dated 04.04.2024 has taken the personal bond and apology letter from Mr. Rajeev Singh Sikarwar s/o Mr. Ramveer Singh, the person who raised the threat, in which he has accepted that he tried to obstruct the work at the behest of Shri Virendra Singh Bohra resident of Agra but now he came to know the true fact and will not create any kind of obstruction in the future. Photocopy of the letter is attached.

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In compliance of the letter send by District Court on dated 03.04.2024, a letter has been sent by District Magistrate. Agra on dated 10.04 2024 to Assistant Stamp Commissioner, TehsilSadar. Agra that no registration with respect to any kind of transfer/mutation/execution of agreement Sale deed etc should be done about the said land and if any issues related to any kind of deal agreement comes into the knowledge, that should be immediately informed to Hon'ble District Judge, Agra for taking action regarding filling of first information report, so that the matter of such malicious attempt can be brought into the notice of Hon'ble High Court, Allahabad for further action, Such information has also been got published in major daily newspapers on dated 14.04.2024 by District Court, Agra.

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3. The Vacant land situated in front of Nehru Nagar Park, which is the part of Judge's Compound has Government residences around three sides where Judicial Officer's, District Administration Officer's and Employees of Court and other Administrative Departments living with their families. The level of the said land being relatively low and uneven, due to which water discharged from the Government residences and lack of effective sewer line drainage system in Judges Compound. Agra dirty waste water gets accumulated on the said land. In this regards efforts are being made to make proper arrangement by coordinating with the officials of District administration. Agra.

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4. The Vacant land situated in front of Nehru Nagar Park, which is the part of Judge's compound has a road and Nehru Nagar

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Park on its North Side which is surrounded by private houses and at some distance Petrol Pump, Commercial Institution. Hospital and Multistory buildings are situated. As per the Google information, in the year 2014 the then Vice Chairman. Agra Development Authority. Agra has proposed that building having land area of 300 to 500 Square Meter. rain water harvesting should be made by the building owners with reference to the map approved by the authority. Similarly, rules have been made regarding commercial building and multistory buildings. The Committee can become aware of the information and rules and their implementation with their physical situation.

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It is clear from the above that the vacant land located in front of Nehru Nagar which is the part of the Judge's compound and owned occupied by the District Judiciary. Agra, In the past malicious attempts were made by various anti- social elements with their vested interest with the said land, which has been foiled by the District Court, Agra. After farling in their evil attempts, a letter petition has been submitted to the Hon'ble National Green Tribunal by anti-social elements by stating wrong facts. The applicant stated in his application that said land is owned by District Judge. Agra, but no application has been submitted by the applicant to the District Judge. Agra. There is no illegal possession on the said land. A proposal for construction of a 09 suits Guest House for the stay of Hon'ble Judges and a transit hostel for judicial officers on the said land is pending.

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The letter has been sent to the Hon'ble High Court. Allahabad attaching photo copies of the records related to the said case by District Court vide letter no. 2362/15 dated 03.05 2024. (Annexure-10).

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Observation's and Recommendations:-

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1. The vacant land in front of Nehru Nagar Park is the part of Judges Compound. Agra. Sewerage network is not effective in Judges Compound. Even, old septic tank/soak pits installed in government residences are not connected with the existing sewer network. Due to the improper drainage system in Judges Compound, the dirty water flows from residences and gets accumulated on the said land. It is deliberately suggested to review and strengthen the sewerage network/drainage system in Judges Compound. Agra.

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2. On the said land, construction of 09 suits Guest House is proposed for the stay of Hon'ble Judges of High Court and in compliance of the directions of Hon'ble Supreme Court of India, one Transit Hostel (G-4) is also proposed for Judicial Officers. Proposed Guest House building's layout plan/drawings have been sent to Hon'ble High Court. Allahabad for administrative approval and financial sanctioning, which have provision of Rain water harvesting system.

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3. As per the revenue records, there is no pond in the gata no. 454,511 and 510 As per the report of Executive Engineer, lower khand. Agra canal. Agra, Sikandra Rajwaha is not in existence in Nehru Nagar, Agra due to urbanization for more than 45 years.

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4. Date and time of joint inspection was communicated to the complainant but at the time of joint inspection neither he was present nor provided any document. During joint inspection several phone calls were made on his mobile no. 7906188758, but he didn't respond.

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5. As per the report received from District Court, Agra, the debris collected from the construction /repair work and demolition of different dilapidated buildings of District Court residential and non- residential premises is being used to level the said land. No encroachment is being done by any land-mafia. However during the leveling of the said land, some anti-social elements with vested interest tried to create obstacles, which were foiled.”

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Response has been filed by Agra Development Authority it is said that after development of Nehru Nagar locality, it has been already been handed to Nagar Nigam, Agra and therefore, Agra Development Authority has no further concern with Nehru Nagar area.

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Be that as it may, Joint Committee report clearly shows that in the Revenue Record there is no pond or canal in the area in question. It shows that the complaint is totally frivolous and no material is

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appended to support allegation with regard to existence of any pond duly entered in Revenue Record which is allegedly encroached. Complainant is an advocate and we deprecate making of such complaint by an advocate and that too without any supporting material to substantiate allegations made in application.

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Original Application is accordingly dismissed.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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July 23, 2024 Original Application No. 93/2024 AB

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Umesh Chand Verma vs

Case brief

What is this about?

What did the court decide?

Umesh Chand Verma vs

Case brief

What is this about?

What did the court decide?

What the court decided

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