Disposed

Shahid Raza v. State of Uttar Pradesh

NGT1 Jul 2025Original Application No. 300/2025

Case brief

AI extract

What is this about?

In an original application, the Tribunal directed the District Magistrate, Amroha to examine evidence indicating a pond was illegally encroached upon. The Court ordered the DM to ascertain the land's nature and remove encroachments within six weeks via natural justice principles.

What did the court decide?

The District Magistrate, Amroha was directed to ascertain the nature of the land and remove encroachment within six weeks.

Shahid Raza vs State of Uttar Pradesh — Environment and Pollution | NGT (2025)

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Item No. 08

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 300/2025

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Shahid Raza Applicant Versus State of Uttar Pradesh & Ors. Respondent(s)

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Date of hearing: 01.07.2025

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Applicant: Mr. Akash Vashishtha, Adv. for Applicant (Through VC)

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ORDER

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In this Original Application (OA), the Applicant, a resident of village Naogaon Sadat, District Amroha, Uttar Pradesh has raised the grievance that illegal construction and encroachments have been made on a public pond located in Khasra no. 672 (area 0.425 hectare) in village Nogaon Sadat.

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Learned counsel for the Applicant during the course of hearing has referred to the report Annexure A-4 which was submitted by a joint Team dated 19.05.2022 before the Sub-divisional Magistrate (SDM), Amroha in the proceedings under Section 38(2) of the Uttar Pradesh Revenue Code, 2006. He has pointed out that in the joint report it was found that the Khasra No. 672 is a pond and its old Gata no. 467 (area 4 bighas 15 biswa 74 dismil) was a pond and submission is that its nature cannot be changed. He has further submitted that the SDM by order dated 28.01.2023 in proceedings under Section 38 (2) of the Uttar Pradesh Revenue Code, 2006 had accepted the said report and had directed to

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restore entry of the land as pond. He has further submitted that no action for removal of the encroachment was taken therefore the Applicant had submitted the representation dated 23.07.2024 to the District Magistrate, Amroha and on that representation the District Magistrate Amroha had called for the report from the SDM, Naogaon Sadat. In that report also SDM, Naogaon Sadat had disclosed that the land in question is a pond. He submits that thereafter no action has been taken.

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Since, the issue is already pending before the District Magistrate, Amroha and the report has been called and the requisite material is also before the District Magistrate, Amroha, therefore, we are of the view that the District Magistrate, Amroha should look into the issue and after ascertaining the nature of the land in question take appropriate remedial action of removal of encroachment, if any, found on the water body/pond. The District Magistrate, Amroha is required to complete this exercise within six weeks by following principles of Natural Justice as expeditiously as possible preferably within a period of three months. If any further grievance remains, the Applicant will be at liberty to approach the Tribunal.

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OA is accordingly disposed of.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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July 01, 2025 Original Application No. 300/2025 A

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Shahid Raza v. State of Uttar Pradesh

Case brief

What is this about?

What did the court decide?

Shahid Raza v. State of Uttar Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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