Disposed

Utkarsh Singh Chauhan vs

NGT7 Jul 2025IA No. 130/2025 in Original Application No. 602/2022

Case brief

AI extract

What is this about?

National Green Tribunal directed implementation of remedial measures for Chande Baba Talab/Lake in Lucknow, including removal of encroachments, restoration works, satellite and scaled mapping, and dense plantation to rejuvenate the wetland.

What did the court decide?

Removal of encroachments within three months; filing of scaled and satellite maps; execution of restoration and plantation works.

Utkarsh Singh Chauhan vs — Environment and Pollution | NGT (2025)

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Item No. 02

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 602/2022 (I.A No. 130/2025, I.A No. 45/2025)

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Utkarsh Singh Chauhan Applicant

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Versus

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State of Uttar Pradesh & Ors. Respondents

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Date of hearing: 07.07.2025

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: None for the Applicant.

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Respondents: Mr. Bhanwar Pal Singh Jadon, Ms. Hemlata Singh, Ms. Gargi Chaturvedi

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and Ms. Anjali Sharma, Advocates for Respondents no 1 to 5 and 7 to 9. Ms. Jaya Shahi, Advocate for Respondent no 6.

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Mr. Rajeshwar Singh, Mr. Anirudh Wadhwa, Mr. Hemant Sharma, Mr. Kartik Gupta, Advocates for Respondents no. 10,11 & 12.

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ORDER

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Mr. Utkarsh Singh Chauhan, Advocate has sent to this Tribunal by email copy of letter petition dated 09.05.2022 addressed to Hon'ble Chief Minister, Uttar Pradesh which has been treated and registered as Original Application No. 602/2022.

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The applicant has raised the grievances that 'Chande Baba Talab/Lake', which is spread over 100 acres, is biggest lake of Lucknow City and is a holy place of religious significance. During winter, the lake attracts thousands of migratory birds but the number thereof is getting increasingly reduced due to encroachments in the area of the lake and reduction in its water level. Water source of this lake is one storm water

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drain named Nagwa Nala. Fresh water of said drain, which joins River Sai, is wasted. There is need to join the storm water drain to the Chande Baba Lake in order to improve its water level. The applicant has also emphasized the urgency for executing the works of desilting the lake and increasing its retention capacity, making provision for overflow, removing encroachments, constructing boundary wall/fence to protect the lake from encroachments, dense afforestation on all its four sides and beautifying and facilitating the same to attract the tourists and the migratory birds.

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Vide order dated 22.09.2022, this Tribunal constituted a Joint Committee with direction to verify the factual position and submit its report.

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Report of the Joint Committee was submitted vide email dated 13.01.2023.

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In view of the observations made in the original application and the report of the Joint Committee, the concerned authorities were impleaded as respondents no. 1 to 7.

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In the course of hearing, reports/responses have been filed by the concerned authorities.

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Action Taken Report dated 05.07.2025 has been filed by the District Magistrate, Lucknow mentioning the remedial measures.

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We have noticed that no map of the Chande Baba Talab/Lake showing its present position has been placed on record.

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As per material placed on record total area of the Chande Baba Talab/Lake is 36.909 ha out of which there is encroachment over 3.1859 ha. Removal of such encroachments may take place in due course of time in accordance with law on rehabilitation of the eligible families. However,

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remedial measures are required to be carried out with respect to the remaining area of Chande Baba Talab/Lake. As per report filed by the District Magistrate, Lucknow direction has been given to the Executive Engineer, Minor Irrigation, Lucknow for excavation and restoration work of the portion of the pond measuring 3.90 hectares but such work needs to be done in respect of the remaining area also in integrated manner which will also prevent encroachments and also help in restoration and rejuvenation of Chande Baba Talab/Lake.

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However, it may be noticed here that in the present case map of Chande Baba Talab/Lake drawn to scale and also map taken through satellite have not been placed on record to show its existing position.

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The District Magistrate, Lucknow is directed to file map drawn to scale and map taken through satellite of Chande Baba Talab/Lake before this Tribunal.

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The applicant has claimed that water source of Chande Baba Talab/Lake is one storm water drain name Nagwa Nala. Keeping in view this claim, there is need to take remedial measures for joining/connecting the storm water drain to Chande Baba Talab/Lake for filling the same with water. Even otherwise such huge area of the Chande Baba Talab/Lake can be utilized for creation of an artificial lake by filling it with water drawn from nearby canal or treated water taken from nearby STP and also harnessing and utilizing natural flow of water through its catchment area with proper engineering measures for removal of pollutants from the same.

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As per the report, 1000 saplings of environment friendly species have been planted around Chande Baba Talab/Lake but we are of the view that in such a vast area with availability of open space, dense plantation can be made to prevent encroachments and also to improve catchment area for natural regeneration/rejuvenation of the pond. Environment friendly

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species can also be planted and the grasses like vetiver can be grown in the periphery of Chande Baba Talab/Lake. The Divisional Forest Officer is directed to take requisite measures for carrying out plantation in the periphery of Chande Baba Talab/Lake in the entire area during this monsoon season.

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We also consider it appropriate that any member of public or any NGO or civil society offering to assist the Divisional Forest Officer for such plantations may be allowed to carry out plantation under the initiative ‘ Ek Ped Maa Ke Naam’ ’. The concerned respondents are directed to take requisite steps to allow such participation by the members of public/ NGO/civil society.

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Rejuvenation of Chande Baba Talab/Lake will also enable recharge of ground water. Chande Baba Talab/Lake can be beautified by installation of solar power driven water pumps, fountains etc. to ensure recirculation of water in the pond/lake which will also prevent water contamination and development of undesired weeds.

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The respondents are directed to take requisite remedial measures and the District Magistrate, Lucknow is directed to file additional response with respect to the remedial measures so taken by compiling the information from the concerned respondents.

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In the report it has been mentioned that some part of the Chande Baba Talab/Lake is being used as grazing land, playground etc. but we are of the considered view that the same will fall in the nature of encroachment and will require removal as no part of the land of Chande Baba Talab/Lake can be diverted and allowed to be used for any other purpose without change of land use in accordance with the Wetland (Conservation and Management) Rules, 2017 and other enactments. The concerned

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respondents are directed to take requisite steps for removal of such encroachments within three months.

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Additional response may be filed by the District Magistrate, Lucknow as directed above at least three days before the next date of hearing fixed.

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I.A. No. 130/2025 has been filed by ten applicants for impleadment.

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Learned counsel for respondents have no objection if I.A. No. 130/2025 is allowed.

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In view of the reasons mentioned and no objection from other respondents I.A. No. 130/2025 is allowed .

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List on 08.10.2025 for further hearing.

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Interim order dated 29.01.2025 shall continue to operate till further order to the contrary.

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A copy of this order may be sent to the Chief Secretary, Government of Uttar Pradesh and other respondents by email for requisite compliance.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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July 07, 2025 Original Application No. 602/2022 (I.A No. 130/2025, I.A No. 45/2025) AB

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Utkarsh Singh Chauhan vs

Case brief

What is this about?

What did the court decide?

Utkarsh Singh Chauhan vs

Case brief

What is this about?

What did the court decide?

What the court decided

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