Dismissed

Centre for Holistic Development -Chd v. State of Bihar

NGT13 Jul 2026Original Application No. 136/2026

Case brief

AI extract

What is this about?

The National Green Tribunal dismissed an Original Application filed regarding the filling and encroachment of three historic ponds in Darbhanga for non-prosecution by the applicant, noting that identical relief was sought and directed in a prior judgment.

What did the court decide?

Original Application dismissed in default for non-prosecution with liberty to file an execution application for the prior order.

Centre for Holistic Development -Chd vs State of Bihar — Environment and Pollution | NGT (2026)

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Item No.09

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.136/2026/EZ

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Centre for Holistic Development -CHD

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Applicant

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Versus

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Govt. of Bihar & Ors. Respondents

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Date of hearing: 13.07.2026

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE MR. ISHWAR SINGH, EXPERT MEMBER

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Applicant: None for the applicant.

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Respondents: Mr. Surendra Kumar, Advocate for respondents no.1, 2, 4 and 6 (physically in EZB). Ms. Amrita Pandey, Advocate for respondent no.3 (through VC). Ms. Anamika Pandey, Advocate for respondent no.7 (through VC). None for respondent no.5- MoEF&CC.

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ORDER

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The applicant has filed the present Original Application under Sections 14 and 15 read with Section 18 of the National Green Tribunal Act, 2010 raising grievances regarding illegal filling, dumping of soil, encroachment and alteration of three historic ponds namely Ganga Sagar Pond, Dighi Pond and Harahi Pond situated at Darbhanga, State of Bihar and seeking directions as mentioned therein.

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Since the averments made in the Original Application raised substantial environmental questions, this Tribunal, vide order dated 26.05.2026, ordered issuance of notices to the respondents.

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Respondents no.1, 2, 4 and 6, respondent no.3 and respondent no.7 appeared through their counsel on 26.05.2026 and accepted notices on which the Registry was directed to issue notice to respondent no.5.

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Notice has been duly served by email on respondent no.5 but none has appeared for respondent no.5 despite due service and respondent no.5 is proceeded against ex-parte.

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Learned counsels for the respondents appearing before this Tribunal have pointed out that this Tribunal has already passed order dated 23.03.2023 in O.A. No.155/2022/EZ titled Talab Bachao Abhiyan (TBA) vs. Government of Bihar & Ors. and has thereby given detailed directions for Ganga Sagar Pond, Dighi Pond and Harahi Pond situated at Darbhanga, State of Bihar.

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The applicant has also enclosed copy of order dated 23.03.2023 passed in the above mentioned O.A. with the present Original Application and is also seeking directions for implementation thereof.

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Since directions have already been given by this Tribunal by order dated 23.03.2023 passed in above mentioned O.A., only an execution application for implementation of the directions will lie and present Original Application will not be maintainable.

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However, none has appeared for the applicant today.

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Rule 20(1) of the National Green Tribunal (Practices and Procedure) Rules, 2011 permits this Tribunal to dismiss Original Application in default for non-prosecution in case of non-appearance of the applicant personally or through duly authorized counsel/representative on the date of hearing fixed.

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In view of the above referred statutory provision and default in appearance by the applicant, the present Original Application is dismissed in default for non-prosecution with liberty to the applicant to file execution application for execution of order passed by this Tribunal in above mentioned case.

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Arun Kumar Tyagi, JM

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Ishwar Singh, EM

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July 13^th , 2026 Original Application No.136/2026/EZ P

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Centre for Holistic Development -Chd v. State of Bihar

Case brief

What is this about?

What did the court decide?

Centre for Holistic Development -Chd v. State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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