Disposed

Misc Application in disposed of cases No. 61/2025 in Original Application No. 176/2024 of Ajit Kumar Gupta vs

NGT27 May 2025Misc Application in disposed of cases No. 61/2025 in Original Application No. 176/2024

Case brief

AI extract

What is this about?

Disposed of a miscellaneous application regarding compliance with an earlier order directing removal of illegal construction in a Reserved Forest. The Tribunal found the forest area restored but directed demarcation of the flood plain zone.

What did the court decide?

Directed Principal Secretary, Water Resources to demarcate flood plain zone of River Rihand; ordered DFO to ensure continued compliance.

Misc Application in disposed of cases No. 61/2025 in… — Environment and Pollution | NGT (2025)

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Item No. 08

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Misc Application in Disposed of Cases No. 61/2025 In Original Application No. 176/2024

Ajit Kumar Gupta

Applicant

Versus

State of U.P. & Ors. Respondents

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Date of hearing: 27.05.2025

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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. Daleep Dhyani, Advocate for UPPCB

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Mr. Bhanwar Pal Singh Jadon, Ms. Hemlata Singh, Ms. Gargi Chaturvedi and Ms. Anjali Sharma, Advocates for DM, Sonbhadra.

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ORDER

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The applicant- Ajit Kumar Gupta had sent to this Tribunal a letter petition vide email dated 13.02.2024 which was registered as OA No. 176/2024 for exercise of suo motu jurisdiction.

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The applicant raised the grievances that Mr. Digvijay Pratap Singh, Chairman, Nagar Panchayat, Pipri in collusion with some others, had illegally cut trees and encroached on land of Reserve Forest and raised construction of a Gaushala. He had also killed certain wild animals like deer and peacock.

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Vide order dated 10.05.2024 this Tribunal impleaded State of Uttar Pradesh, Principal Secretaries, Water Resources Development Department and Environment Forest and Climate Change Department, DFO, Sonbhadra, UPPCB and District Magistrate, Sonbhadra and constituted a Joint Committee comprising of representatives of the above said Principal Secretaries, Member Secretary UPPCB and DFO and District Magistrate, Sonbhadra with direction to verify the factual position and suggest appropriate remedial action.

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Report of the Joint Committee was filed by Regional Officer, UPPCB, Sonbhadra vide letter dated 16.08.2024. The relevant part of the report of the Joint Committee containing its Conclusion/Recommendations/ Suggestions reads as under:-

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“Conclusion / Recommendations / Suggestions:

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Spot-Memo prepared based on ground inspection in the presence of joint committee members and other staff as well as applicant namely Shri Ajeet Kumar Gupta. Boating activity in reservoir, construction activity of Restaurant, evidence about to tree cutting near bank of reservoir, dead body of animals were not found during site visit as per field observations. For past violation about to tree cutting and widening of road in forest area, action has been initiated against defaulters by forest department as per law. Hence, the suggestion of the joint committee is as follows: -

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a) No development activity should be done by Nagar Panchayat Pipri without prior permission under the Forest conservation Act 1980 from Forest Department.”

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In the course of hearing Mr. Digvijay Pratap Singh, Chairman,

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Nagar Panchayat, Pipri, Nagar Panchayat, Pipri and Executive Officer, Nagar Panchayat, Pipri were impleaded as respondents no. 7 to 9. Replies were filed by respondents no. 2, 6, 7 and 9

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This Tribunal disposed of the original application vide order dated 26.09.2024 by directing Divisional Forest Officer, Sonbhadra, District Magistrate, Sonbhadra in particular, and respondent no. 1 in general to ensure removal of construction, if any, in Reserved Forest area so as to

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restore it to its original position within two months with further direction for filing of compliance report by 15.12.2024 before Registrar General of this Tribunal who was given liberty to place the matter before the Bench if further orders were considered to be necessary.

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The Tribunal also directed the Divisional Forest Officer to ensure in future by taking immediate steps that no impermissible and prohibited activities are allowed to be undertaken in Reserved Forest area by anyone, maybe statutory local body or any other authority or individual and strict action shall be taken for maintaining sanctity of Reserved Forest in accordance with law. Divisional Forest Officer for the purpose of aforesaid direction shall ensure strict monitoring of area in a regular manner.

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In compliance thereof, report dated 14.12.2024 has been filed by the District Magistrate, Sonbhadra, U.P. Relevant part of the report read as under:-

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“1. That the complainant has alleged that the Dongia water body, situated in Pipri, Sonebhadra, falls within the boundaries of a 'Reserve Forest,' characterized by dense forestation that serves as habitat for various wild animals, including crocodiles. It is further alleged that the accused, Digvijay Pratap Singh, Chairman of the Nagar Panchayat, Pipri, in collusion with certain individuals, has unlawfully felled trees and encroached upon the land within the Reserve Forest, whereupon he has constructed a Gaushala. Additionally, it is claimed that the said accused has engaged in the illegal killing of wild animals, including deer and peacock, as evidenced by the photographs of the deceased animals appended to the complaint.

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2. That the matter at hand was finally heard by the Hon'ble Tribunal to pass and order for disposing off the Original Application on dated 26.09.2024. It is important to note here that in the said order the Hon'ble Tribunal had passed an order to direct the Divisional Forest Officer, Sonebhadra and District Magistrate, Sonbhadra to ensure removal of construction, if any, in 'Reserved Forest area for restoring it to its original position within two months. That the operative part of the last order is given below:

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"18. However, from the above facts we find it clear that some encroachment and illegal constructions have been raised in 'Reserved Forest' area and though further execution of work has been stopped but constructions already made have not been removed and 'Reserve Forest' area has not been restored to its original position.

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22. In view of the facts discussed above, we are of the view that Divisional Forest Officer, Sonebhadra, District Magistrate, Sonebhadra in particular, and respondent 1 in general shall ensure removal of construction, if any, in 'Reserved Forest' area so as to restore it to its original position within two months.

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23. A compliance report will be submitted to Registrar General of this Tribunal by 15 December, 2024. Registrar General, if finds any further order is required, shall place the matter before the Bench concerned.

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24. Divisional Forest Officer shall also ensure in future by taking immediate steps that no impermissible and prohibited activities are allowed to be undertaken in 'Reserved Forest' area by anyone, maybe statutory local body or any other authority or individual and strict action shall be taken for maintaining sanctity of ‘Reserved Forest' in accordance with law. Divisional Forest Officer for the purpose of aforesaid direction shall ensure strict monitoring of the area in a regular manner."

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3. It is submitted here with utmost regard to this Hon'ble Tribunal that the Sonbhadra Forest area is divided into three Forest Divisions including the Renukoot Forest Division which pertains to the Reserve Forest area that is under question and consideration before this Hon'ble Tribunal. It is important to mention here that this matter at hand pertains to the Reserve Forest area falling under the jurisdiction of Divisional Forest. Officer, Renukoot Forest Division, Sonbhadra, Uttar Pradesh and not under the Divisional Forest Officer, Sonbhadra, Uttar Pradesh. Therefore, it is submitted here for the convenience of this Hon'ble Tribunal, that this Compliance Report is submitted on behalf of Divisional Forest Officer, Renukoot Forest Division, Sonbhadra, Uttar Pradesh.

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4. It is pertinent to mention here that the District Magistrate, Sonbhadra has given utmost regard to the order of this Hon'ble Tribunal and has taken full cognizance of the matter with regard to the Reserve Forest area and restore the same to its original state. That in compliance with the order dated 26.09.2024, the District Magistrate, Sonbhadra issued a letter no. 1154/Case Ltd./2024 dated 01.10.2024 directing the Sub-District Magistrate, DuddhiSonbhadra, and the Divisional Forest Officer, Renukoot Forest Division, Sonbhadra to take necessary action as per rules.

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5. In continuation of this, the Divisional Forest Officer, Renukoot Forest Division, Sonbhadra issued a letter no.

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1179/Renukoot/10Writ(NGT) dated 01.10.2024, , providing necessary instructions to the Sub-Divisional Forest Officer, Pipri, and the Regional Forest Officer, Pipri, directing them to establish coordination with the Sub-District Magistrate, Duddhi Sonbhadra, to ensure compliance with the order and to submit a compliance report for presentation before the Hon'ble Tribunal.

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6. That subsequently, the District Magistrate, Sonbhadra, issued another letter no. 1218/Suit Ltd./2024 dated 21.10.2024, reiterating the direction for the Sub-District Magistrate, Duddhi-Sonbhadra, and the Divisional Forest Officer, Renukoot Forest Division, to take the necessary action in accordance with the rules for the case in question. In response, the Divisional Forest Officer, Renukoot Forest Division, Sonbhadra, Uttar Pradesh issued further instructions to the Sub-Divisional Forest Officer, Pipri, and the Regional Forest Officer, Pipri, by letters no. 1473/Renukoot/10 Ret (NGT) dated 26.10.2024 and letter no. 1591/Renukoot/10 Ret (NGT) dated 11.11.2024, directing them to coordinate with the Sub-District Magistrate, Duddhi-Sonbhadra, to ensure compliance and formulate a compliance report to be presented before the Hon'ble Tribunal.

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7. It is humbly submitted before this Hon'ble Tribunal that in compliance of the order dated 26.09.2024 and the letter no. 1154/Case Ltd./2024 dated 01.10.2024 of the District Magistrate, Sonbhadra, a Joint-Team was constituted under the chairmanship of the Naib Tehsildar, Duddhi, Sonbhadra. That this Joint-Team including 6 gazetted officers as mentioned in the Compliance Report annexed herein was constituted vide letter no. 486/A.L. Revenue Team/2024 dated 04.11.2024.

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8. That on 05.11.2024, the Joint-Team comprising representatives from the Revenue Department, Forest Department, and local police force conducted an inspection of the site in question. That in compliance with points 18 and 24 of the order dated 26.09.2024 passed by the Hon'ble National Green Tribunal, New Delhi, the team observed certain activities at the site, including an attempt to widen the road and the marking of a cowshed.

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9. It is germane to mention her that subsequently, on 29.11.2024, a joint action was carried out by the Revenue Department, Forest Department and Nagar Panchayat, Pipri, to address the issues identified. It is also submitted that as part of this action, the disputed road widening structure was demolished, the material used for the construction of the cowshed was removed and handed over to the Executive Officer of Nagar Panchayat, Pipri, and the land was restored to its original status quo.

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True copy of the Compliance Report has been annexed herein as ANNEXURE R1.

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True copy of the photographs documenting the actions taken are attached herein as ANNEXURE R2.

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10.It is germane to mention here that the Sub-District Magistrate, Duddhi-Sonbhadra, informed vide letter no. 515/A.L.SDM-/2024 dated 04.12.2024 to the District Magistrate, Sonbhadra that the order dated 26.09.2024 of this Hon'ble Tribunal has been sought to be complied with and compliance report has been prepared. That this letter was written in reference to letter no. 1218/Suit Ltd./2024 received from the office of the District Magistrate, Sonbhadra.

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True copy of the letter no. 515/A.L.SDM-/2024 dated 04.12.2024 has been annexed herein as ANNEXURE R3.

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11. That furthermore, the Forest Department has been continuously patrolling the area and effectively controlling the situation. That in light of the above, the directions contained in the order dated 26.09.2024 passed by the Hon'ble Tribunal, have been duly complied with, in accordance with the applicable rules and procedures.

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12. That the District Magistrate, Sonbhadra with utmost respect and regard to this Hon'ble Tribunal has taken due cognizance of the matter at hand and in every ensured that the Reserve Forest area is restored to its original state. It humbly submitted that the District Magistrate, Sonbhadra with the assistance of various departments involved in the Joint-Team is with full willingness working to renew, protect and preserve the Reserve Forest area in question.

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13. It is germane to mention here that all these efforts made by the District Magistrate, Sonbhadra being done to apprise and assist the Hon'ble Tribunal in adjudicating on the matter.”

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Considering further orders regarding demarcation of flood plain zone river Rihand to be necessary, the Registry has placed the matter before the Bench.

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We have gone through the report filed by District Magistrate, Sonbhadra and we have also gone through the material placed on record.

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In his report the District Magistrate, Sonbhadra has mentioned that on 29.11.2024, a joint action was carried out by the Revenue Department, Forest Department and Nagar Panchayat, Pipri, to address the issues identified and as part of the action, the disputed road widening structure was demolished, the material used for the construction of the cowshed was removed and handed over to the Executive Officer of Nagar

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Panchayat, Pipri and the land was restored to its original status. In his report the District Magistrate, Sonbhadra has also mentioned that the Forest Department has been continuously patrolling the area and effectively controlling the situation.

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In the facts and circumstances of the case, the Principal Secretary, Water Resources Development Department is directed to take appropriate steps for demarcation of flood plain zone of river Rihand, a tributary of River Ganga and Dongia Reservoir in accordance with the provisions of the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016 and other relevant environmental laws/norms and the DFO, Sonbhadra is directed to ensure further due compliance with order dated 26.09.2024 passed by this Tribunal.

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M.A. No. 61 of 2025 is disposed of accordingly with directions as mentioned above.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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May 27^th , 2025 M.A in Disposed of Cases No. 61/2025 In Original Application No. 176/2024 AB

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Misc Application in disposed of cases No. 61/2025 in Original Application No. 176/2024 of Ajit Kumar Gupta vs

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 61/2025 in Original Application No. 176/2024 of Ajit Kumar Gupta vs

Case brief

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What did the court decide?

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