Disposed

Smt. Veena Bharadwaj v. Water Resources Department through Principal Secretary

NGT10 Feb 2025Original Application No. 95/2024

Case brief

AI extract

What is this about?

This order addresses allegations of illegal mining, encroachment, and pollution near Panchipura Dam. After reviewing a joint committee report denying most claims, the court directed the respondent to identify and demarcate encroached land using stone slabs and remove any encroachment found.

What did the court decide?

Direct the respondent to identify encroached land, install stone/slab demarcations, and remove any encroachment immediately in due process of law.

Smt. Veena Bharadwaj vs Water Resources Department… — Environment and Pollution | NGT (2025)

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Item No.6

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

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Original Application No. 95/2024(CZ)

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Smt. Veena Bharadwaj Applicant (s) Vs. Water Resource Dept. & Ors. Respondent(s)

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Date of Hearing: 10.02.2025

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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. Rohit Sharma, Adv.

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For Respondent(s) : Mr. Prashant M. Harne, Adv.

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ORDER

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Following unlawful activities in violation of environmental rules are alleged to be going on in and around a dam cum water body named Panchipura Talab/Panchipura Dam constructed in the year 20152016 for the irrigation of more than 1495 hectares of the land covering 15 villages and for providing the drinkable water to be supplied to approximately more than 30000 people living in village Bairad, Tehsil Pohari, District Shivpuri (M.P.).

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i. Illegal excavation of mineral in the catchment area as well as buffer zone of the water body;

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ii. Illegal development of houses and plotting work undertaken around the submerged area of water body;

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iii. Illegal establishment of milk dairies nearby the water body;

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iv. Poring of harmful chemical-cum-pesticides in the water body leading to unforeseen and sudden death of various species of fishes existing in the water body, thereby, causing enormous loss to the aquatic life existing in the water body;

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v. Loss to the Fisheries Department as well as the contractor awarded the contract for carrying out fishing activities in this dam;

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O.A. No. 95/2024(CZ)

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Smt. Veena Bharadwaj vs. Water Resource Dept. & Ors.

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vi. Encroachment over government land which was kept vacant, so as to serve the purpose of buffer zone around the water bound area of the water body in question;

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vii. Loss of revenue by way of illegal mining and transportation of mineral without payment of requisite royalty to the government exchequers;

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viii. Encroachment over feeding rivers of the waterbody such as Ber Bawdi, Samparwada etc.

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ix. Inaction on the part of government officials in taking action on the representations filed by the Petitioner;

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x. Removal of Munnars (Slab embedded to depict the water bound area of water body)

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The matter was taken up by this Tribunal and committee consisting the Urban Administration & Development, (M.P), Collector District Shivpuri (M.P.). Executive Engineer, WRD Shivpuri (M.P) and one representative of the State PCB was constituted with direction to submit the factual and action taken report. In compliance of the order the members of the committee visited the site and submitted the report as follows :

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Observation of the joint committee :-

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Pachipura Dam (Near Pachipura village Distt. Shivpuri) was constructed by Water Conservation Department, Madhya Pradesh Government in the year 2015-16.

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The total cost of the dam is 44.4979 cr.

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Catchment area of Dam is 89.756 square kilometre,

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Length of dam is 1.4 kilometre,

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Height of Dam is 18.85 meter

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Water storage capacity of dam is 10.01 million cubic meter. According to the project report, the main purpose of construction of the dam was irrigation for agriculture, accordingly the total Gross Command Area (GCA) of the dam is 1749 hectares, the Cultivable Command Area (CCA) of the dam is 1595 hectares, and Net Irrigated area is 1495 hectare, Top

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O.A. No. 95/2024(CZ)

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Smt. Veena Bharadwaj vs. Water Resource Dept. & Ors.

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Bund Level (TBL) of the dam is 411.01 meter, Maximum Water Level (MWL) of the dam is 409.11 meter, Full Tank Level (FTL) of the dam is 407.75 meters and Lowest sill level (LSL) of the dam is 403.1 meter.

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The water supply scheme is in operation in Nagar Panchayat, Bairad. It is being implemented by the Madhya Pradesh Urban Development Department, under which the trial and run of the scheme is underway. Currently, water is not being supplied to the citizens; water will be provided only after a contract is signed between the Madhya Pradesh Water Resources Department, Shivpuri, and Nagar Panchayat, Bairad.

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Reply to the points raised by the applicant is as follows:

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S.No	Brief of the Complaint Facts	Facts
1	illegal excavation of mineral in the catchment area as well as buffer zone of the water body;	On 20.06.2024, no excavation and blasting was found during inspection at submergence affected area of Panchipura pond. The Mining Officer, Shivpuri informed that no illegal excavation and transportation was found at submergence area and catchment area of PanchiPura Dam. All the agricultural lands and inhabited areas of Panchipura Dam and pond are adjacent to it. Soil and stones were found to be extracted from the area near the pond by local people for their own use, such as repairing the embankments of fields and for other works, which is under the exemption category under Rule 3 (2) of Madhya Pradesh minor Mineral Rules1996.
2	Illegal development of houses and plotting work undertaken around the submerged area of water body;	Information given by the executive engineer, Water Resources Department, shivpuri through letter no.820 and 822 dated 21.06.2024 that estimate of stone fixing on Maximum Water Level (MWL) and Full Tank Level (FTL) line has been prepared and being submitted fortechnical approval. After

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O.A. No. 95/2024(CZ)

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Smt. Veena Bharadwaj vs. Water Resource Dept. & Ors.

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		installation, status of encroachment on land will be clear
3	Illegal establishment of milk dairies nearby the water body;	There is no dairy around the Pachhipura Dam. Cows and buffaloes are being reared for domestic use by the people living in the rural areas and they were found grazing, drinking water and bathing around the dam.
4	Poring of harmful chemical- cum-pesticides in the water body leading to unforeseen and sudden death of various species of fishes existing in the water body, thereby, causing enormous loss to the aquatic life existing in the water body;	The water of the pond has been tested by Madhya Pradesh Pollution Control Board in which water quality was found under category “A” which is drinkable after disinfection. Pesticides were not detectable in the water which makes it clear that there can be no harm to aquaticlife.
5	Loss to the Fisheries Department as well as the contractor awarded the contract for carrying out fishing activities in this dam;	There is no possibility of fish mortality due to dam water as the water quality is in the category “A” in which pesticide isnot detectable.
6	Encroachment over government land which was kept vacant, so as to serve the purpose of buffer zone around the water bound area of the water body in question;	Water Resources Department has prepared an estimate for installing stones/slabs around the submerged area and has been submitted to the department for approval. The status of encroachment will become clear after installing the stones.
7	Loss of revenue by way of illegal mining and transportation of mineral without payment of requisite royalty to the government exchequers;	Illegal mining and transportation was not found in the submerged area and catchment area of the dam
8	Encroachment over feeding rivers of the water body such as Ber Bawdi, Samparwada etc.	Water Resources Department has prepared an estimate for installing stones/ slabs around the submerged area and has been
9	Inaction on the part of government officials in taking action on the representations filed by thePetitioner;	After installation of stone/slab, status of encroachment on land will be clear.
10	Removal of Munnare (Slab embedded to depict the water boundareaof waterbody)

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Learned Counsel for the State PCB has argued that to identify the land coming within the category of encroachment which is necessary to identify, demarcate and install stone/slab so that outsiders may

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O.A. No. 95/2024(CZ)

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Smt. Veena Bharadwaj vs. Water Resource Dept. & Ors.

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not encroach the land and it should be visible for the public in general. Accordingly, we direct the respondent to identify it and install the stone/slab demarcating the land and in case, if there are any encroachment that must be removed immediately in due process of law.

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With these observations, the O.A. No. 95/2024(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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10^th February, 2025 O.A. No. 95/2024(CZ) K

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O.A. No. 95/2024(CZ)

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Smt. Veena Bharadwaj vs. Water Resource Dept. & Ors.

Smt. Veena Bharadwaj v. Water Resources Department through Principal Secretary

Case brief

What is this about?

What did the court decide?

Smt. Veena Bharadwaj v. Water Resources Department 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

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