Disposed

Bakir Ali Rangwala S O Haji Ghulam Ali v. State of Madhya Pradesh through Principal Secretary

NGT7 Apr 2025IA No. 44/2025 in Original Application No. 11/2022

Case brief

AI extract

What is this about?

The Bench tagged O.A. 20/2025 with O.A. 11/2022 concerning encroachment on water bodies in Ujjain. It disposed of interim applications, allowing one impleadment and noting others were premature or require procedural compliance due to pending action taken reports.

What did the court decide?

O.A. 20/2025 tagged with O.A. 11/2022. I.A. 30/2025 allowed (impleadment). I.A. 23/2025 dismissed; I.A. 43/2025 and 44/2025 dismissed as not maintainable/unnecessary.

Bakir Ali Rangwala S O Haji Ghulam Ali vs State of Madhya… — Environment and Pollution | NGT (2025)

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Item No. 2 & 3

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

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Original Application No. 20/2025(CZ)

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Prashant Mourya Applicant (s) Vs.

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State of Madhya Pradesh & Ors. Respondent(s)

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WITH

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Original Application No.11/2022(CZ) (I.A.No.115/2024) (I.A.No.23/2025) (I.A.No.30/2025) (I.A.No.43/2025) (I.A.No.44/2025)

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Bakir Ali Rangwala Applicant (s)

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Vs.

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State of Madhya Pradesh & Ors. Respondent(s)

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Date of Hearing: 07.04.2025

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER

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For Applicant (s): Mr. Gagan Bajad, Adv. Mr. Rohit Sharma, Adv. and Mr. Amol Shrivastav, Adv. along with Mr. Bakir Ali For Respondent(s) : Mr. Dharamvir Sharma , Adv. Mr. Gaurvanvit Jain, Adv. Mr. Prashant M. Harne, Adv. for Ms. Parul Bhadoria, Adv. Ms. Mini Ravindran, Adv. along with Mr. Rohit Sharma

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ORDER

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O.A. No. 20/2025 has been filed with the prayer to demolish the encroachment over the Govardhan Sagar and all other Sapta Sagar along with other Sagars of Ujjain and directions be issued to draw up

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O. A. No. 20/2025(CZ) Prashant Mourya vs. State Of M.P. & Ors. O. A. No. 11/2022 (CZ) Bakir Ali Rangwala & Anr. vs. State Of M.P. & Ors.

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a comprehensive strategies and guidelines for the reclamation of water in Sapta Sagar and its maintenance. Similar issue has been raised in the O.A. No.11/2022, which is pending in this tribunal and it is prayed that the matter being connected with O.A. NO.11/2022 should be tagged with this Application.

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Accordingly, issue notice to the respondent in O.A No. 20/2025 returnable within four weeks.

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Applicant is directed to take necessary steps for service to the respondents by both ways and also on available email.

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Respondents are directed to submit their reply within three weeks through E-filing portal, preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. Tagged this O.A. with O.A. No.11/2022.

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The O.A. No. 11/2022 will be leading case. In O.A. no. 11/2022 a detailed order and discussion has been made vide order dated 05.05.2022 and respondents were directed to ensure that there should not be discharge of any untreated water into the waterbody and further that there should not be any encroachment and if there are encroachments found within the water body, it should be immediately removed according to rules. Further Action Taken has been called from the authorities concerned and District Administration/ Authorities are taking necessary actions for removal of the encroachment.

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Vide order dated 04.02.2025 the Collector and Ujjain Commissioner were directed to identify and demarcate the survey numbers, which has been mentioned in the order itself and to submit the report. In the

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O. A. No. 20/2025(CZ)

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Prashant Mourya vs. State Of M.P. & Ors. Bakir Ali Rangwala & Anr. vs. State Of M.P. & Ors.

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O. A. No. 11/2022 (CZ)

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meantime, the I.As have been filed by the parties, which are as follows :

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I.A. No. 23/2025 -

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Respondent no. 9/Mr. Ghanshyam Patel has filed this I.A. with the prayer that necessary actions should be initiated against the applicant who have file the application for criminal act and further requested for any assistance in this matter.

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We have heard the Learned Counsel for the applicant of I.A. for any criminal actions the applicant may approach the appropriate criminal court. Since the applicant of this I.A. is also a respondent thus, necessary information with the reply may be filed in due course of time. I.A. No. 23/2025(CZ) stands disposed of accordingly.

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I.A. No. 30/2025 -

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Applicant Mr. Manish Kothari S/o Late Shri Paraschandji Kothari, R/o A-3, Kamal Vila, Arvind Nagar, Ujjain has moved this application to be impleaded as a respondent. Since he has submitted that his right title and interest are adversely affected by these proceedings, thus, he is a proper and necessary party. Accordingly, the I.A. No. 30/2025 is allowed. Applicant /Mr. Manish Kothari be impleaded as respondent. The applicant (in O.A.) is directed to take necessary steps within a week or registry is to impleade the name as next respondent. The intervener applicant is directed to submit the reply within a week. I.A. No. 30/2025 stands disposed of accordingly.

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I.A. No. 43/2025

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This I.A. has been moved by one Mr. Ghanshyam Patel with the facts that the intervener applicant has not provided the copy to the opposite parties. The copy of the I.A. filed by the intervener is available on website of the NGT which can be downloaded from the website. Reply

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O. A. No. 20/2025(CZ)

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Prashant Mourya vs. State Of M.P. & Ors. Bakir Ali Rangwala & Anr. vs. State Of M.P. & Ors.

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O. A. No. 11/2022 (CZ)

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if any, may be filed according to rules. However, the Learned Counsel for the intervener is directed to provide the copy to the opposite parties. I.A. No. 43/2025 stands disposed of accordingly. I.A. No. 44/2025

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This application has been moved by respondent Mr.Ghanshyam Patel for initiating contempt proceedings against Commissioner Ujjain and Collector Ujjain. Nothing has been narrated with regard to the noncompliance of the order or the contempt. However, since the proceedings are going on and report of action taken by the Administration have been called, which is pending thus, presently the I.A. no. 44/2025 is not maintainable. Thus, the I.A. No. 44/2025 stands disposed of.

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Learned Counsel for the State Mr. Prashant M. Harne has filed the reply on behalf of State of MP. It has been submitted that in compliance of the order of this Tribunal Collector Ujjain has constituted a committee comprising more than seven (07) officers of the Revenue Department to identify and demarcate the land in question and the land has been demarcated. The report of the survey with Panchnama has been filed, which discloses certain encroachments in the water body. Copy of the report and reply submitted by the State be provided to the opposite parties, who may in turn file the response/reply within two weeks.

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13. List it on 14^th July, 2025 .

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Sheo Kumar Singh, JM

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Dr. A Senthil Vel, EM

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7^th April 2025 O. A. No. 20/2025 (CZ) and O.A. No. 11/2022(CZ) K

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O. A. No. 20/2025(CZ)

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Prashant Mourya vs. State Of M.P. & Ors. Bakir Ali Rangwala & Anr. vs. State Of M.P. & Ors.

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O. A. No. 11/2022 (CZ)

Bakir Ali Rangwala S O Haji Ghulam Ali v. State of Madhya Pradesh through Principal Secretary

Case brief

What is this about?

What did the court decide?

Bakir Ali Rangwala S O Haji Ghulam Ali v. State of Madhya Pradesh through Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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