Disposed

Jai Gopal Rai v. State of Jharkhand

NGT3 Jul 2025Original Application No. 199/2024

Case brief

AI extract

What is this about?

The tribunal addressed an application regarding the conservation of Okni Talab in Hazaribagh. Finding the pond threatened by drain water and garbage, the court directed the District Magistrate to determine the responsible authority for rejuvenation and ensure the completion of the conservation action plan within one year by July 2026.

What did the court decide?

Directions to the District Magistrate to determine the responsible authority for rejuvenation and ensure the Action Plan for Conservation of Okni Talab is implemented and completed by 03.07.2026.

Jai Gopal Rai vs State of Jharkhand — Environment and Pollution | NGT (2025)

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Item No.09

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.199/2024/EZ

Jai Gopal Rai

Applicant(s)

Versus

State of Jharkhand

Respondent(s)

Date of hearing: 03.07.2025

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Anil Kumar Singh, Adv. (in Virtual Mode)

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For Respondent(s) : Ms. Aishwarya Rajyashree, Adv. for R-1 & 3 (in Virtual Mode), Mr. Imran Siddiqui, Adv. for R-2 (in Virtual Mode), Mr. Surendra Kumar, Adv. for R-4, Ms. Rashhmi Singhee, Adv. for R-5 (in Virtual Mode)

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ORDER

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Mr. Anil Kumar Singh, learned Counsel is present (in Virtual Mode) on behalf of the Applicant.

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Affidavit dated 28.03.2025 has been filed on behalf of the Respondent No.2, Hazaribagh Municipal Corporation ; the same is taken on record.

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(Final order of the said case will be uploaded in NGT website by

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separate sheets of paper).

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..................................... B. Amit Sthalekar, JM

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…..........................................
Dr. Arun Kumar Verma, EM

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July 03, 2025, Original Application No.199/2024/EZ SKB

Item No.09

Court No.1

BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.199/2024/EZ

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In the matter of:
Jai Gopal Rai
President
Hazaribag Paryavaran Sanrakshan Trust
Okni Talab, 4 th Lane,
Lohsinghna,
Dist. - Hazaribagh
.... Applicant(s)
Versus
1. Principal Secretary
Department of Environment,
Government of Jharkhand
2. Hazaribagh Municipal Corporation
Through Commissioner,
Collectorate Campus,
Hazaribag,
Jharkhand
3. District Magistrate, Hazaribagh
Jharkhand

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4. Jharkhand State Pollution Control Board

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5. Ministry of Environment, Forest and Climate Change (MoEF&CC)

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.... Respondent(s)

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Date of hearing: 03.07.2025
CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Anil Kumar Singh, Adv. (in Virtual Mode)
For Respondent(s) : Ms. Aishwarya Rajyashree, Adv. for R-1 & 3 (in Virtual Mode),
Mr. Imran Siddiqui, Adv. for R-2 (in Virtual Mode),
Mr. Surendra Kumar, Adv. for R-4
Ms. Rashhmi Singhee, Adv. for R-5 (in Virtual Mode)
ORDER

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Mr. Anil Kumar Singh, learned Counsel is present (in Virtual Mode)

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on behalf of the Applicant.

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This Original Application was taken up on the basis of a letter petition addressed to the National Green Tribunal, Eastern Zone Bench, Kolkata.

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The Applicant is seeking protection and restoration of a tank in Hazaribagh town spread over an area of nearly 16 acres in the heart of the town and it is alleged that the same is facing threat of destruction by way of its conversion into a commercial estate. It is stated that resumption of the renovation and restoration work of the said tank was sanctioned by the District Mining Fund Trust – DMFT and Zila Parishad, Hazaribagh in 2023.

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The tank is stated to be located in the western part of Hazaribagh close to the market area in the Hazaribagh Municipal Corporation area and is spread over an area of about 14.62 acres in khata no.62, Plot no.- 122 of revenue village Okni of Sadar Anchal Hazaribagh and is recorded in the last cadastral survey as per information provided by the Anchal Adhikari (Circle Officer) of Sadar Anchal Hazaribagh.

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It is stated that some local mafia have created a garbage dump over the tank encouraging the throwing of garbage from all sides into the tank thereby destroying and poisoning it with a view to change the nature of the pond and turn it into a commercial estate.

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It is stated that on the demand of the community, the local administration has prepared a scheme for restoration and renovation of the tank sanctioned by the District Mining Fund Trust (DMFT) and Zila Parishad, Hazaribagh entailing an estimated cost of Rs. 1,39,02,600/- (One crore thirty nine lakhs two thousand and six hundred only).

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At the time of admission, the Tribunal constituted a Committee comprising of the following members:-

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i) Senior Scientist, Jharkhand State Pollution Control Board;

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ii) District Magistrate or his representative of Senior rank not below the rank of Additional District Magistrate (ADM).

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The Committee was required to visit the site in question and submit a Fact Finding Report with regard to the allegations made in the Original Application.

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The District Magistrate, Hazaribagh, Jharkhand has filed an affidavit dated 10.03.2025 bringing on record an Inspection Report of an inspection carried out on 12.12.2024 which reads as under:-

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Annexure - A

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“ In compliance with the order of N.G.T. in O.A. No. 199/2024/EZ Dated 01.10.2024, the Deputy Commissioner of District Hazaribagh, had constituted a committee vide letter number 3268/Vidhi, dated 06.11.2024. The order passed by the Hon‟ble Court on 01.10.2024 read as under:-

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Paragraph 15:- Considering the allegations made, we deem it appropriate to constitute a Committee comprising of the following members:-

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i) Senior Scientist, Jharkhand State Pollution Control Board;

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ii) District Magistrate or his representative of Senior rank not below the rank of Additional District Magistrate (ADM).

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Paragraph 17:- The Committee shall visit the site in question and thereafter submit a Fact Finding Report with regard to the allegations made in the Original Application.

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In compliance with the aforementioned order; the inspection team had conducted an on-site inspection of the concerned

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location on 12.12.2024 and documentary evidence was adduced from the Circle Officer, Sadar Hazaribagh, and the Municipal Commissioner, Municipal Corporation Hazaribagh.

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Following observations were made during the inspection:-

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1) Residential buildings has been constructed on all the four sides of the pond. The Municipal Corporation/Nagar Nigam has made arrangements to facilitate discharge of drain water from the residential buildings located on the North side and East side into the Okni pond. Drain water from nearby localities of Hazaribagh town also falls in the pond from eastern side of the pond.

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2) Hazaribagh Municipal Corporation has placed dustbin towards the south side of the pond but still garbage was found scattered on all sides of the pond.

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3) Fencing around the pond was found on the western side which was damaged at some places. Towards the southern side of the pond, brick wall has been constructed of approx. 1-1.5 ft height. Plantation has been carried out all the along the pond by the local residents. At some places plants were found inside the gabion.

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4) For the beautification of the pond, Zila Parishad-Hazaribagh had dug up the pond soil and dumped on the western side of the pond in a plan to create a paver block pathway (for pedestrians) on all side. However due to stay order of the Hon‟ble High Court of Jharkhand in W.P.(C) No. 7143/2023 the construction and beautification of the Pond remains incomplete. About 15-20m length pathway has been constructed. At present this filled up land towards the west side of the pond is used by locals to commute.

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5) Pond was found filled with hyacinth and green plants and

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only a small portion of open water could be seen.

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The Remediation measures that can be followed are as

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under which:-

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1) Arrangements should be made to prevent the drains from falling into the pond.

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2) Water Hyacinth and green plants must be removed from the pond.

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3) Garbage dumped on sides of the pond should be cleaned and Municipal corporation shall place more dustbins around the pond and shall ensure regular collection of waste from these bins.

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4) Fencing could be done on remaining sides to prevent dumping of waste in the pond and also to restrict the movement of stray animals towards the pond.

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5) “As per the interim order passed by the Hon‟ble Supreme Court of India in Civil Appeal No(s). 1904/2020 dated 01/10/2024, the Hon‟ble Court emphasized that…”

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“We must record here with a great deal the paramount duty of the State not of emphasis that it is only to protect the ponds/lakes/water bodies in the State but also to ensure that ponds/lakes/water bodies, which have been illegally filled in, are restored. It is the Constitutional duty of the State to do so”.

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6) The Chapter-15 of Jharkhand Municipal Act 2011 read

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as under:-

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125. Power to acquire and hold property- The municipality shall, for the purposes of this Act, have power to acquire and hold by gift,

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purchase or otherwise, movable and immovable properties or any interest therein, whether within or outside the limits of the municipal area.

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126. Vesting of property-Notwithstanding anything contained in any other law for the time being in force, the movable and the immovable properties and all interest whatsoever nature or kind therein of the following categories within the limits of a municipal area, shall vest in the municipality-

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„Public tanks, streams reservoirs, and wells;‟

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7) It is also necessary to mention here that, in light of the application submitted by the applicant Shahnawaz Jamil for the mutation of the aforementioned land (i.e., Khata No. 62, Plot No. 122, Area 14.62 acres), the Circle Officer, Sadar Hazaribagh had rejected the mutation case No.- 2898/2024-25 as it has been found that the land in question is being used for public purposes. A substantial portion of the land contains an Ahara (a traditional water reservoir) which is utilized by the general public.”

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The Respondent No.2, Hazaribagh Municipal Corporation has also filed affidavit dated 28.03.2025.

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Heard learned Counsel for the parties and perused the documents on record.

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A perusal of the Inspection Report would show that residential buildings have been constructed on all the four sides of the pond in question and the Municipal Corporation/Nagar Nigam has made arrangements to facilitate discharge of drain water from the residential buildings located on the North side and East side into the Okni pond; it is noted that drain water from nearby localities of Hazaribagh town also pours into the pond in question from its eastern side. This is a shocking state of affairs that the Municipal Corporation, Hazaribagh has allowed drain water from residential

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buildings to drain into the Okni pond which will ultimately result in the pond itself dying out completely and become a cesspool.

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The Committee has also noted that there was garbage on all sides of the pond and even the fencing around the pond was found damaged on the western side, and towards the southern side of the pond, a brick wall has been constructed to a height of approximately 1-1.5 ft height. The Committee also noted that plantation has been carried out along the pond by local residents. It is also noted that the Zila Parishad, Hazaribagh had dug up the pond soil and dumped the same on the western side of the pond in order to create a paver block pathway (for pedestrians) on all sides. It, however, appears that W.P.(C) No. 7143/2023 was filed in the Hon’ble High Court of Jharkhand against the said activity and there is a stay order granted by the High Court which has however not been placed before us.

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The Committee also found that the pond was filled with hyacinth and green plants and only a small portion of open water could be seen.

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The Committee has also mentioned that an application was submitted by one Shahnawaz Jamil for the mutation of the aforementioned land (i.e., Khata No. 62, Plot No. 122, Area 14.62 acres), but the Circle Officer, Sadar Hazaribagh had rejected the mutation case No.-2898/2024-25 as it was found that the land in question is being used for public purposes and a substantial portion of the land contains an Ahara (a traditional water reservoir) which is utilized by the general public.

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The Hazaribagh Municipal Corporation has filed an Action Plan for Conservation of Okni Talab which reads as under:-

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Action Plan for Conservation of Okni Talab

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Ref : Original Application No.199/2024/EZ

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March2025

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Hazaribagh Municipal Corporation, Hazaribagh

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Chapter -1: Introduction

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1. Okni Talab

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The pond is situated in Okni area (Sadar Block) near Kaali Mandir Hazaribagh Jharkhand. In earlier days this pond was

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used for irrigation purpose. Presently it is used for water chestnut cultivation by a private party.

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

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Area : The gross area of pond is 14.62 acre and water body area is about 3.5 acre and perimeter is about 1061.21 m.

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Location : Coordinates 24º0´6´´N,85º21´4´´E

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Topography : The area is surrounded by approx 60-65

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residential houses and roads on its perimeter. It is moderately populated area.

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Land use : Land around the pond is mainly used for

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residential purpose.

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Agriculture : This pond has no agricultural purpose at present.

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Mining : No mining area is there in proximity of this pond.

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Residential, Commercial and industrial : As per data there are approximately 62-65 residential houses and there is no industrial and commercial units set up till date.

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Depth of Pond/Lake & deposits : The actual depth of pond is around 2m and the level of deposits is around 0.15 m.

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Aquatic and other life forms : Small fishes are found and water hyacinth/lotus/lilies/weed are present in the pond which is used as habitat by some birds like Teal, Water Hen.

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Current uses : This pond is used for water chestnut cultivation by a private party.

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Drainage : Sewerage water from nearby residential building

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located on the North side and East side is coming to the said pond.

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Google Image of Okni Talab in Hazaribagh
2. The tentative sewerage generation worked out by the Junior
Engineer, Municipal Corporation, Hazaribag is 0.0351 MLD
(Million litre per day) from the Kuccha Drain of 60-65
adjacent residential building to the pond.
Annexure – I
2.1 Industrial effluent disposal : No industrial effluent
into the pond as no industrial unit nearby.
2.2 Already big dustbin have been placed by the Municipal
Corporation, Hazaribag. Due to lack of awareness, some
residents throw/scatter garbage nearby the dustbins.
2.3 C & D waste disposal to talab.
No C & D waste is being dumped in Okni Talab,
Separate vehicle has been deputed for collection of C &
D waste.

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3. SHORT TERMS MEASURES: 3.1 As per requirement more dustbins would be immediately placed near the pond.

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3.2 The owner of the nearby apartment has been served a notice for immediately stopping flow of dirty water in the pond. Annexure – II

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3.3 The signboards with warning of disciplinary action against release of dirty water and garbage into the pond would be fixed around the pond.

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4. LONG TERMS MEASURES :

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4.1 Solid waste Management : Tipper is deputed for this ward for the door-to-door collection of domestic waste from households.

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4.2 Diversion of waste water by construction of drain into nearest Nala.

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4.a.1 Rejuvenation of Okni Talab fully lies with the Zila Parishad, Hazaribag as Okni Talab has not been handed over to Hazaribag Municipal Corporation by the District Administration, Hazaribag . Local Administration has prepared a scheme for restoration and renovation of the pond sanctioned by the district Mining Fund Trust (DMFT) and Zila Parishad, Hazaribag entailing an estimated cost of Rs. 1,39,02,600/- (One crore thirty nine lac two thousand six hundred only).

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5. ENCROACHMENT : Encroachment of any land under okni talab will be handled by CO, Sadar Hazaribag/Zila Parshad, Hazaribag/District Administration, Hazaribag

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6. IMPLEMENTATION OF ACTION PLAN BY HMC

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6.1 Estimate for diversion of imcoming small near by drain has

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been prepared by Hazaribag Municipal Corporation in Ward no. 18

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 Estimated Amount - 9,23,927.00  Technical Sanction - 9,23,927.00 Annexure - III  Administrative Sanction Date - 25.02.2025 Annexure – IV

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6.2 Fund Tie up for the implementation.  Civic amenities fund. (Govt. Grant)

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6.3 Tendering and implementation  Tender published date : 27.03.2025  Tender finalization date : 17.04.2025  Work order issue date : 26.04.2025

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6.4 Cleaning around the pond has been done on regular

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basis and installation of dustbin has been done.

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7. SUSTENANCE PHASE :

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	*Programs*	*Implementation of programs*
	Creation of awareness among citizens groups, resident welfare associations, local	*Nukkad Nataks*and wall painting are done to create awareness among the community. NSS (National
7.1	organizations, political organizations, educational organizations and Government agencies.	Social Service) in local colleges organize awareness programs in the district area.
7.2	Dissemination of Information.	Signboards, Hoardings at chowks near to water bodies are fixed and advertisement in

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newspapers are done to
disseminate information to the
people.
District Administration
encourages Educational,
Institutions to organize
Organizing periodic
Environmental awareness
trainings through
7.3
programs in the district. Namely
Identified and reputed
N.C.C. & N.S.S. in Colleges
Institutions.
perform Co-curricular activities
to create awareness and
training to the students.
A number of parks near to
Creation of Recreational water bodies have been
7.4
centers developed as recreation center
for the public.
Time to time meeting of the
stakeholders (Owner‟s of
Promoting Public Shops/Malls, Contractors, and
7.5
participation. representative of different
wards and voluntary public
participation is encouraged.

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It is stated that an Action Plan has been prepared for taking steps for protection and conservation of the Okni Talab i.e. the pond in question, which includes construction of RCC Drain and Box Culvert from H/O Aditya Narayan to the existing Drain near Okni Talab.

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We have gone through the Action Plan and we find that in paragraph no.4.a.1 , a stand has been taken that the rejuvenation of the Okni Talab fully lies with the Zila Parishad, Hazaribagh as Okni Talab has not been handed over to the Hazaribagh Municipal Corporation by the District Administration, Hazaribagh. It is stated that the Local Administration has prepared a scheme for restoration and renovation of the pond sanctioned by the District

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Mining Fund Trust (DMFT) and Zila Parishad, Hazaribagh at an estimated cost of Rs. 1,39,02,600/- (One crore thirty nine lac two thousand six hundred only).

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The learned Counsel for the Hazaribagh Municipal Corporation referring to the paragraph no.4.a.1 submitted that the Okni Talab has not been handed over to the Hazaribagh Municipal Corporation and it’s development and rejuvenation lies with the Zila Parishad, Hazaribagh.

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We are not required to go into those questions as to whether the Talab should be rejuvenated by the Zila Parishad, Hazaribagh or by the Hazaribagh Municipal Corporation or whether it has been handed over to the Hazaribagh Municipal Corporation or not. 20. On the facts as admitted in the present Original Application by the Respondents themselves that residential drains are being allowed by the Municipal Corporation, Hazaribagh to flow into the Okni pond and that garbage is scattered all around the said pond, we direct the District Magistrate, Hazaribagh (Respondent No.3 herein) to determine as to who is responsible for the rejuvenation and maintenance of the Okni pond and to ensure that the Action Plan for Conservation of Okni Talab prepared by the Hazaribagh Municipal Corporation is implemented and completed within one year and the project is completed positively by 03.07.2026 since work order has already been issued on 26.04.2025. The District Magistrate, Hazaribagh shall issue such necessary orders to the Hazaribagh Municipal Corporation or the Zila Parishad, Hazaribagh as the case may be in this regard.

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The District Magistrate, Hazaribagh shall file Compliance Report by

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15.07.2026 .

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The Original Application No.199/2024/EZ is disposed of with the aforesaid directions.

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I.As., if any, stand disposed of accordingly.

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There shall be no order as to costs.

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.....................................
B. Amit Sthalekar, JM
…..........................................
Dr. Arun Kumar Verma, EM
July 03, 2025,
Original Application No.199/2024/EZ
OM

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Jai Gopal Rai v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Jai Gopal Rai v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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