Disposed

News Item Titled Chhattishgarh Yahan Shivnath Nadi Par Kabja 10 Kilometer Duri Ghatane Aur Mitti Lane Ke Liye Bana Liya Avedh Anicate Appearing in Dainik Bahshkar News Paper Dated 5TH January 2026 v. State of Chattisgarh

NGT16 Apr 2026Original Application No. 27/2026

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of this Original Application regarding an illegal earthen anicut constructed across the Shivnath River in Durg district, obstructing its natural flow and causing pollution. The Court noted that the shift had already been removed by the respondent and damages recovered, deeming no further action required.

What did the court decide?

No further action required as the illegal obstruction has been removed and damages recovered by respondent; Original Application disposed of.

News Item Titled Chhattishgarh Yahan Shivnath Nadi Par… — Environment and Pollution | NGT (2026)

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Item No.05

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)

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Original Application No.27/2026(CZ)

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News Item Titled Chhattishgarh Yahan Shivnath Nadi Par Kabja 10 Kilometer Duri Ghatane Aur Mitti Lane Ke Liye Bana Liya Avedh Anicate Appearing In Dainik Bahshkar News Paper Dated 5^th January 2026

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Suo Moto

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Vs.

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State of Chhattisgarh & Ors.

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Respondent(s)

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Date of Hearing: 16.04.2026

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER

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For Applicant (s): None

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For Respondent(s) : Mr. Yadvendra Yadav, Adv. for CECB

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ORDER

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The cognizance of this matter has been taken on the basis of a paper reporting, Danik Bhaskar, dated 5^th January, 2026. The issue of encroachment and blockade in the free flow of river Shivnath has been highlighted in this matter.

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As per report the Shivnath River in Durg district has been encroached upon. A brick kiln contractor has illegally constructed an earthen anicut (temporary bridge) across the river, partially obstructing its natural flow. Soil is being excavated from both sides of the river for brick-making, and kiln debris is being dumped directly into the river, causing pollution. Soil excavated from nearby areas is transported to the riverbanks. Without this illegal bridge, the contractor would have to travel nearly 10 kilometers to transport materials. By constructing the

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O.A. No.27/2026(CZ) News Item Titled Chhattishgarh Yahan Shivnath Nadi Par Kabja 10 Kilometer Duri Ghatane Aur Mitti Lane Ke Liye Bana Liya Avedh Anicate Appearing In Dainik Bahshkar News Paper Dated 5^th January 2026 Vs. State of Chhattisgarh & Ors.

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anicut, he saves both time and money. No permission was taken from the Irrigation Department for the construction of the anicut. Similarly, no approval was obtained from the village heads of the panchayats located along the riverbanks. Shockingly, the contractor is using this temporary anicut purely for personal benefit. A permanent small bridge is located just 300 meters away from the illegal structure. Additionally, a new overbridge has been completed barely 100 meters from the small bridge, although it has not yet been formally inaugurated.

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The matter has been taken up by this Tribunal and a report was called by Constituting a Committee consisting the members of District Administration and the CECB. In response thereof, the report of Joint Committee has been filed.

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Learned Counsel for the Respondent CECB Adv. Yadvendra Yadav has submitted that the Shivnath River is one of the major rivers of Chhattisgarh and an important tributary of the Mahanadi River. It originates from the Panabaras hills in the Rajnandgaon district and flows through several districts including Durg, before finally joining the Mahanadi near Shivrinarayan. The river plays a vital role in the region by supporting irrigation, providing drinking water, and sustaining industrial activities, especially in the Durg-Bhilai area. Drinking water is supplied from the water resource of Shivnath River to many cities in the Durg District, such as Durg, Bhilai, Ahiwara and others. Apart from its economic importance, the Shivnath River also holds ecological and cultural significance, with several villages and religious sites located along its banks.

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The Members of the Committee visited the site and submitted the report as follows:-

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“ REPORT OF THE JOINT COMMITTEE CONSTITUTED IN COMPLIANCE WITH THE ORDER DATED 06.02.2026 IN THE O.A. No.27/2026 (CZ) IN THE MATTER OF News Item Titled Chhattishgarh Yahan Shivnath Nadi Par Kabja 10 Kilometre Duri Ghatane Aur Mitti Lane Ke Liye Bana Liya Avedh Anicate Appearing in Dainik Bhaskar Newspaper dated 5th January, 2026 Suo Moto Vs. State of Chhattisgarh & Ors Respondent(s). BEFORE THE HON'BLE NATIONAL GREEN TRIBUNAL, CENTRAL

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ZONE BENCH, BHOPAL

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……………x………….x……………..x……………x…………………….

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5. Observation of the Joint Committee during field visit: -

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The inspection was done on 23.02.2026 by the Committee member and official of the durg administration. During inspection the following observations have been made: -

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(1) Illegal construction of Anicut - During the inspection it was found that and earthen anicut (temporary structure) was constructed across the river. The structure was built without any approval from the Water Resource Department.

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In a letter dated 12.02.2026 sent by the Sub-Divisional Officer, Water Resources Sub-Division, Dhamdha, District-Durg to the SubDivisional Officer (Revenue), Tehsil Dhamdha, District- Durg, it has been mentioned that on 17.09.2025, using JCB and tractor, the illegal rampat constructed at a cost of 100 * 8 * 0.6 = 480 was removed and on 05.01.2026, using JCB and tractor, the cost of 120 * 8 * 0.45 = 396 Total = 876.00 was removed. The total cost of which comes to 876 * 136 = 119136 Lakhs, which would be appropriate to be imposed on the non-applicant Shri Neelkanth Kumbhakar.

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(2) Availability of Alternate Infrastructure A permanent bridge exists approximately 300 meters from the site. An additional over bridge is located within 400 meters. Hence the anicut was not required for public utility and was constructed for private benefit.

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6. Action Taken

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In a letter dated 12.02.2026 from the Office of Sub Divisonal Officer (WRD) Water Resources Sub-Division, Dhamdha (District Durg)-regarding the removal of an illegal causeway on the Shivnath River-it was stated that, despite the issuance of five notices to the respondent, Nilkanth Kumbhakar, the illegal causeway remained un

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removed. Consequently, it was deemed appropriate to impose a total financial liability of Rs. 1,19,136 upon the respondent, Mr. Nilkanth Kumbhakar, to cover the cost of removing the illegal causeway, which had been constructed using a total volume of 876.00 cubic meters (comprising 480.00 cubic meters removed on 17.09.2025 and 396.00 cubic meters removed on 05.01.2026).

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Upon perusal of the case file, the Court of the Sub-Divisional Magistrate, Dhamdha (District Durg), vide its order dated March 6, 2026 passed in the matter titled Government of Chhattisgarh vs. Shri Neelkanth Kumbhakar (resident of Village Pisegaon, Tehsil and District Durg) directed that the Respondent, Shri Neelkanth Kumbhakar, shall deposit the sum of Rs. 1,19,136.00, which had been assessed and imposed by the Sub-Divisional Officer (WRD), Water Resources Sub-Division, Dhamdha, in respect of the illegal causeway (rapta) previously constructed by the Respondent. Section 152(a) of the BNSS stipulates that any unlawful obstruction or nuisance situated in any public place, or in any way, river, or water channel lawfully used or capable of being lawfully used by the public, must be removed; furthermore, Section 152(c) provides that the construction of any building, or the disposal of any substance, which is likely to occasion a conflagration or explosion, must be prevented or stopped. By once again constructing an illegal causeway, the Respondent, Shri Kumbhakar, has committed a violation of Sub-sections (a) and (c) of Section 152 of the BNSS. Therefore, Shri Neelkanth Kumbhakar is hereby ordered to immediately remove the aforementioned public obstruction from the site within a period of two days. In the event that the Respondent fails to comply with this order within the stipulated timeframe, the Tehsildar/Executive Magistrate, Bori, is hereby directed to proceed to the site and ensure the proper enforcement and compliance of this order.

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In a memorandum dated March 18, 2026, addressed to the SubDivisional Officer (Revenue), Dhamdha (District Durg), the Tehsildar of Bori (District Durg) has stated that, in compliance with the orders of the Honorable Court of the Sub-Divisional Magistrate, Dhamdha (District Durg) dated 06.03.2026, Shri Neelkanth Kumbhakar is hereby directed to immediately remove the aforementioned public obstruction from the site within two days. If the respondent fail to comply with this order within the stipulated timeframe, the Tehsildar/Executive Magistrate, Bori, is directed to visit the site and ensure due compliance with this order. In pursuance of the

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aforementioned order, a joint site inspection was conducted by the Amin Patwari (Water Resource Department) and Revenue Inspector (Revenue) on March 17, 2026. They have reported that the illegal ramp, previously constructed by Mr. Kumbhakar, has been completely removed by the respondent.”

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Submission of learned Counsel for the CECB Adv. Yadvendra Yadav are that the obstructions have been removed and necessary action has been taken for recovery of the damages also.

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In view of the above facts, since action has been taken, thus, no further action is required on the part of this Tribunal. Accordingly, the Original Application No.27/2026(CZ) stands disposed of.

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Sheo Kumar Singh, JM

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Sudhir Kumar Chaturvedi, EM

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16^th April, 2026,

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Original Application No.27/2026(CZ) RK

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News Item Titled Chhattishgarh Yahan Shivnath Nadi Par Kabja 10 Kilometer Duri Ghatane Aur Mitti Lane Ke Liye Bana Liya Avedh Anicate Appearing in Dainik Bahshkar News Paper Dated 5TH January 2026 v. State of Chattisgarh

Case brief

What is this about?

What did the court decide?

News Item Titled Chhattishgarh Yahan Shivnath Nadi Par Kabja 10 Kilometer Duri Ghatane Aur Mitti Lane Ke Liye Bana Liya Avedh Anicate Appearing in Dainik Bahshkar News Paper Dated 5TH January 2026 v. State of Chattisgarh

Case brief

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What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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