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Tribunals and CommissionsFull Bench(2022) 07 NGT CK 0013

Babli vs State Of Uttar Pradesh & Ors

National Green Tribunal · Decided on 1 July 2022

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Arun Kumar Tyagi, JM · Prof. A. Senthil Vel, EM · Dr. Afroz Ahmad, EM
RESULT
Disposed Of
CASE NUMBER
Execution Application No. 18 Of 2022 IN Original Application No. 270 Of 2021

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Judgment

8 paragraphs · 340 words
1.

This Application seeks implementation of order of this Tribunal dated 11.02.2022 in O.A No. 270/2021, Babli v. State of Uttar Pradesh & Ors., which is as follows:-

“1. Grievance in this application is against damage to the pond (Johad) in Khasra No. 739/740, Village Pathauli, Tehsil Sardhana Distt. Meerut, U.P in area of more than 3400 Sq. mtr. The same is encroached upon by local residents. Reliance has been placed on judgement of Supreme Court in Hinch Lal Tiwari v. Kamala Devi, (2001) 6 SCC 496 to the effect that it is the responsibility of State to maintain such ponds and keep them free from any encroachment. Several complaints have been made to various authorities but no action has been taken.

2.

Vide order dated 01.11.2021, the Tribunal sought a factual and action taken report from joint Committee comprising State PCB, District Magistrate, Meerut and SEIAA, U.P.

3.

A report has been filed by the State PCB on 05.01.2022 after visit to the site, acknowledging that there are illegal encroachments and stating that action has been initiated under the provisions of Section 67 of Revenue Code, 2006. Learned counsel for the State PCB submits that about two months’ time will be taken for completing action which has been initiated.

Let further action be taken by the Administration in accordance with law to restore the pond by removing encroachment and complying with the directions of this Tribunal inter-alia vide order dated 18.11.2020 in OA No. 325/2015, Lt. Col. Sarvadaman Singh Oberoi vs. Union of India & Ors.”

2.

We are unable to entertain this application in absence of particulars of the encroachers. Moreover, being local issue, better course is that order of this Tribunal, which is a decree, is transferred for execution to the jurisdictional Civil Court, under Section 25(2) of the NGT Act, 2010. Ordered accordingly.

3.

The Registry may transmit a copy of order of this Tribunal to the District Judge, Meerut for being entrusted to the concerned Civil Court for further proceedings.

The Application is disposed of.