Disposed

Vinod Kumar Agarwal v. M.P Pollution Control Board

NGT2 Jul 2025Original Application No. 180/2023

Case brief

AI extract

What is this about?

This is a National Green Tribunal order in an application alleging illegal encroachment on a public pond and destruction of trees in Madhya Pradesh. Upon a joint committee inquiry, the Tribunal found no facts supporting allegations of encroachment or the destruction of 1000 trees. The matter was classified as a land ownership/administrative issue outside the Tribunal's domain and disposed of.

What the court decided

AI extract

Vinod Kumar Agarwal vs M.P Pollution Control Board — Environment and Pollution | NGT (2025)

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Item No. 01

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

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Original Application No. 180/2023(CZ)

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Vinod Kumar Agarwal & Anr. Applicant(s) Vs. State of Madhya Pradesh & Ors. Respondent(s)

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Date of Hearing: 02.07.2025

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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): None. For Respondent(s) : Mr. Prashant M. Harne, Adv. Ms. Parul Bhadoria, Adv.

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ORDER

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The issue raised in this application is illegal encroachment on the water body/pond in Bela khas Patwari Halka Varhi Mehar District Satna (M.P.) in violation of environmental rules and cutting and damaging of the trees against the settled principles laid down by Hon’ble Supreme Court of India in case of M.C. Mehta vs. Kamalnath (1997) 1 SCC 388. 2.

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It is alleged that entries no 304, 305, 308 and 309 are recorded at government/public land in the nature of pond and was developed by Swami Neelkanth Ji Maharaj as huge pond with plantation of 1000 big and small green trees of various varieties which was used for drinking water to the villagers and the animals and the same has been subject of encroachment causing presentation of the present application.

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O.A. No. 180/2023(CZ) Vinod Kumar Agarwal & Anr. Vs. State of Madhya Pradesh & Ors.

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The matter was taken up by this Tribunal on 13.12.2023 and a committee was constituted with direction to submit the factual and action taken report.

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In compliance of the order the Members of the Committee visited the site and submitted the report as follows :

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A. Background and Specific Issues in this matter:-

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► The issue raise in this application is illegal encroachment on the water body/pond in Bela Khas Patwari Halka Varhi Mehar District Satna (M.P.) in violation of environmental rules and cutting and damaging of the trees against the setteled principles laid down by Hon1ble Supreme Court of India in case of M.C. Mehta vs. Kamalnath (1997)1 sec 388.

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► It is alleged that entries no 304, 305, 308 and 309 are recorded at government/public land in the nature of pond and was developed by Swami Neelkanth Ji Maharaj as huge pond with plantation of 1000 big and small green trees of various varieties which was used for drinking _water to the villagers and the animals and the same has been subject of encroachment causing presentation of the present application.

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B. Factual status Reprot of the major issues raised in The

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petition:-

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S.	Detail of Issues	Factual status
N
1	The present Application is filed	Forest department stated vide letter
	presently against the illegal	no. 64 dated 07.01.2024 (Annexure---
	possession of the public utility	4) that the said place itself is Khasra
	Pond (Talab) which will result	No. 304, 305. In which the Swami
	in felling down thousand	Narayan Das college building and
	number of trees, gallons of	boundary wall construction work has
	water and loss of oxygen for	been done by the Swami Neelkanth

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O.A. No. 180/2023(CZ) Vinod Kumar Agarwal & Anr. Vs. State of Madhya Pradesh & Ors.

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many a creatures i.e., birds,	institute. And adjoining of Swami
animals and humans by the	Narayan Das college building Swami
Respondent no.5 i.e. barn	Vivekananda Government college
Mahadev Das for the wrongfully construction over the pond in	campus has been situated in Khasra No. 308 and part of 308, in which
Bela Khas, Patwari Halka	educational work is being conducted.
varhi, taluk mehar, District	In the presence of Committee, a walk
Satna, Madhya Pradesh in	around of the premises of Swami
violation of several	Narayan Das college was conducted
Environmental laws and rules,	in which Eucalyptus trees were found uprooted and cut. The uprooted and cut trees were measured on the spot and mauka panchnama was prepared on dated 04.01.2024, again the measurement of trees standing in institute was done in front of Sevadar Shri Rajendra Tiwari and other employees in which only 3 pieces of Palash, Neem and Bel tress were found in the premise's. During joint Visit dated 06.01.2024 the statement of Sevadar Rajaram Tiwari was noted that "I have been serving the ashram for last 16 years, to my knowledge there was 10-12 trees present in the premises, which gradually fell during
	the storm, just 3-4 month ago
	Eucalyptus trees adjacent to the
	boundary line had fallen on the power line. Information about these was given to the Electricity department by the institute. On the request of the Electricity department the institute
	got the fallen tress cut and kept aside. A similar statement was also
	given by Lalan Sahu. In compliances
	with the letter dated 07.01.2024 after

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O.A. No. 180/2023(CZ) Vinod Kumar Agarwal & Anr. Vs. State of Madhya Pradesh & Ors.

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contacting Patwari halka a count of
trees growing in the Swami
Vivekanand government collage
campus part of arazi no. 308, 308
was done where along with the
collage employees the trees standing
in the collage was contend. A survey was conducted and photographs were
taken in which 200 trees were found
in college campus. Apart from this
information was also taken by
villagers of Ghurpura located next to
the Oila temple and there statement
was taken in which Babulal koi
president of Ghurpura Age 62 stated
that "I'm originally a resident Of this
village according to my knowledge
adjacent to the Oila temple where the
college campus was build was
completely vacant, in which there was a small pond (Pokhari) in which only
the rainwater was retained. It is true
that only 15 to 20 trees were planted
in the said area". During inspection a
total of 205 trees were found standing
in the arazi no. 304,305,308 and 309,
out of which 07 eucalyptus trees
fallen due to storm and cut were
found kept in swami narayan das
campus, the count sheet of pitch was
prepared. During verification and
inspection of the site no facts were
found that 1000 trees had been
planted.
➢ Panchnama is prepared by sub
divisional officer dated
04.01.2024 in which following

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O.A. No. 180/2023(CZ) Vinod Kumar Agarwal & Anr. Vs. State of Madhya Pradesh & Ors.

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are attached (Annexure -5)
1. Panchnama -03 Nos. —
Annexure - 6
2. Measurement list of fallen
tress -07 Nos. -Annexure -7
3. Statement -03 Nos. -Annexure
—8
=-- List of fallen trees with
details are given in table
below
Species Diamete Length/ Timber Fire
r meters) (in height (in wood M) wood
WI)
)
eucalyptus 2.20 2.40 0.8800 0.2200
2 eucalyptus 2.40 2.40 0.8800 0.2200
3 eucalyptus 1.40 1.10 0.4800 0.1200
4 eucalyptus 0.70 0.90 0.2400 0.0600
5 eucalyptus 1.25 0.80 0.1300 0.325
6 eucalyptus 1.60 3.60 0.6700 0.1575
7 eucalyptus 1.35 0.4800 0,1675
Total - 3.760 1.28
Particulars Rate Amount
Rs. Rs.
Timber Wood
8719/- 32783.44/-
Fire wood 1.5 % Rs. 4493/-
t
Total Rs. 37276/.
The details of 202 Nos. planted
trees are given in (Annexure 7)
District Administration Office
Tehsil Maihar stated vide letter no.
13 dated 10.01.2024 (Annexure -
10) As per the Letter of karyalay
Tasheeldar of Tahsil Maihar,
patwari Halka village Baila khan
Tehsil Maihar The detail of the
pond are, entry no. 304 area is
0.794 hectare. And entry no. 305
area is 0.533 hectare there is a
record of land ownership
registered in the name of Bum
mahadev ji Maharaj Neelkanth
Ashram Gila Manager District
head Satna and entry no. 308 area
is 0.356 hectare and entry no. 309
area is 0.4080 hectare land pond

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That the respondent no. 5 who

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2 is unsocial element, destroying the human life located at Bela Khas Satna Mehar. The said respondent no. 5 by misusing the District Administration by money and high tools has encroached on the public, government pond located near the Neelkanth Ashram and diverting it from public for the purpose of using it for his personal use. The said huge pond was developed by the Swami Neelkanth Ji Maharaj and their devotees' by collecting money and using the sources of the village for the

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O.A. No. 180/2023(CZ) Vinod Kumar Agarwal & Anr. Vs. State of Madhya Pradesh & Ors.

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welfare of the villagers.

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The Swami Neelkanth ji

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Maharaj and their devotees put their hard work to develop a huge pond in that area, in which around 1000 big/small green trees of various varieties area planted along the boundary wall of this pond which are fully grown. Along with this, various folks of cattle and domesticated and natural animals were dependent on the pond for drinking water. Moreover it is huge pond which is used by the villagers for their day to day activity and other necessity.

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The detail of the pond are, entry no. 304 is the wall of pond of area 0.794 hectare. And entry no. 305 area is 0.533 hectare which is filled with pond water and entry no. 308 area is 0.366 hectare and entry no. 309 area is 0.4080 hectare which is land of pond for public use, which is located at baila khas patwari halka barhi Revenue inspector division Maihar Tehsil Maihar District Satna Madhya Pradesh

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The Respondent No. 5 with the help of Respondent No. 2 & 3 took the permission of illegal construction over such govt. Land/pond and constructed a wall from all sides of ponds and installed a gate at the main entrance of the pond, to restricted public entry. Thus the general pathway of villagers had been blocked by such constructions. Not only the general path of the villagers had been blocked but also a building is being constructed

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has recorded and spot inspection was conducted. In Investigation it is found that

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According 1944-45

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entry no. 304 — Paar Talab

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• entry no. 305 - Talab

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• entry no. 308 - Talab

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entry no. 309 - Paar Talab

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it was separated from the "Nistar Patrak" and allotted to Government Vivekanand Collage maihar. Under case no. 2/A19/89-90 dated

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23.05.90, endorsement no. 46/four.R/89 by A.No.304,30.308,309. Court Collector District Satna Madhya Pradesh. (Annexure -11)

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Court Collector District Satna Madhya Pradesh case no. 6/A19/9495 etc. on dated 22.06.1995 vide arazi No. 304 and 305 inscribe the name of Neelkanth Ashram Oita Manager Collector satna on Land ownership was approved.

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Allotment was made under the condition that Neelkanth Ashram would not have any ownership over the said land nor could it be sold without the permission of the collector. (Annexure -12)

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Presently Siksha Mahavidhyalay and handicapped school is run by Swami Narayan in Arazi no. 305 & 304 and remaining part of arazi no. 304 Swami Narayan das Siksha

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Mahavidhyalay and residential building are build.

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Presently Government Swami Vivekanand College is running in Arazi No. 308 and309.

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O.A. No. 180/2023(CZ) Vinod Kumar Agarwal & Anr. Vs. State of Madhya Pradesh & Ors.

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on the banks of the pond. 6. Presently there is no pond, pond During such construction, like structure present in said 1000 number of fully grown land. trees was cutter down and 7. Presently there no encroachment filled the pond with debris for has been found in the said land. building construction, which were planted by the villagers on As per District Administration office this land for fresh air and good Tahsil Maihar inspection report environment. Also, this pond followings are :- was boon to the residents of all nearby villages, as they are • Report of said land as per already surrounded by highly Patwari Halka no.47 Barhion polluting area surrounded by dated 09.01.2024. (Annexure - various hazardous chemicals of 13) industries. This piece of land • which was made as pond by "Najari Naksha" is prepared by Patwari Halka no.47 Barhi the villagers was the only green dated 08.01.2024. (Annexure - peice of land left with the 14) villagers, which was a big sigh of relief for them and also this • "Sthal Panchnama" on dated pond helped not only in 04.01.2024. (Annexure -15) combating the pollution of that area but also lot of folks of • Statement by Dr. Arun Kumar cattle and birds were Gautam , Principal Govt. Vivekanand dependent on the said pond for College, Maihar on dated drinking water and lived 06.01.2024. (Annexure -16) around • Statement by Mr. LaIan Shahu on dated 06.01.2024. (Annexure -17) • Statement by Mr. Rajaram Tiwari on dated 06.01.2024. (Annexure - 18)

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C. Observations:

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During inspection of the site no facts were found that 1000 trees had been planted.

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In Arazi no. 305 86 304 Siksha Mahavidhyalay and handicapped school are run by Swami Narayan and remaining part of arazi no. 304 Swami Narayan Das Siksha Mahavidhyalay and residential building are build.

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In Arazi No. 308 and309. Government Swami Vivekanand College is running.

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There is no pond, pond like structure present in said land

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O.A. No. 180/2023(CZ) Vinod Kumar Agarwal & Anr. Vs. State of Madhya Pradesh & Ors.

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There no encroachment has been found in the said land.

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During Site visit trees were found uprooted and cut in Swami Narayan Das college premises.

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D. Action Taken:-

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As per the order of Court Collector District Satna Madhya Pradesh case no. 6/A- 19/94-95 etc. on dated 22.06.1995 that Neelkanth Ashram would not have any ownership over the said land nor could it be sold without the permission of the collector. But Neelkanth Ashram management has constructed a new college building without obtaining collector permission. So against the Neelkanth Ashram management action will be taken as per Rule.

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E. Recommendation :-

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The Neelkanth Ashram management should not do any further Expansion work like Construction etc. in future without obtaining the permission of the District Magistrate (collector) because as per the order of Court Collector District Satna Madhya Pradesh case no. 6/A19/94-95 etc. on dated 22.06.1995 the ownership of the said land Tests with the Collector.

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Learned Counsel for the State Shri Prashant M. Harne has filed the reply on behalf of the respondent and submitted that no ponds like structure was found there and as per report of the joint committee no encroachment has been found. It is further submitted that during the site visit of the committee trees were found uprooted due to winds there is no evidence that intentionally the trees have been damaged. The members of the joint committee have submitted that vide order of the Collector District Satna, Madhya Pradesh in case no. 06/A-19/94-95 dated 22.06.1995 the ownership

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O.A. No. 180/2023(CZ) Vinod Kumar Agarwal & Anr. Vs. State of Madhya Pradesh & Ors.

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of the said land rest with the Collector. It is further submitted that no environment matter has been involved and it is matter between the forest and the Collector/the State Government and in case any further construction is raised by the college then it must be in accordance with the direction/ permission of the Collector and in case if there are no directions the Collector may initiate legal proceedings according to rules.

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We have gone through report and reply of the State and found that no environmental matter has been raised in this application. The matter of allotment of land by the Collector or the compliance of the order of Collector is within the domain of the Collector and in case of any violation or encroachments the Collector have to take necessary actions according to rules.

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With these observations the Original Application No.

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180/2023(CZ) stands disposed of.

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Sheo Kumar Singh, JM

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Dr. A. Senthil Vel, EM

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02^nd July, 2025 O.A No. 180/2023(CZ) K

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O.A. No. 180/2023(CZ) Vinod Kumar Agarwal & Anr. Vs. State of Madhya Pradesh & Ors.

Vinod Kumar Agarwal v. M.P Pollution Control Board

Case brief

What is this about?

What the court decided

Vinod Kumar Agarwal v. M.P Pollution Control Board

Case brief

What is this about?

What the court decided

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