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Judgment
Grievance in this application is against failure to remove encroachment from Kishoresagar Pond at Chhattarpur, Madhya Pradesh. The applicant has referred to earlier order of this Tribunal dated 17.09.2014 in Original Application No. 316/2014 (CZ), Raghuveer Saran Lal Nigam Vs. District Collector, Chhatarpur & 3 Ors., directing remedial action. It is stated that in spite of the said order, encroachment has not been removed.
In view of undoubted contribution of the water bodies in protection of environment, this Tribunal has issued directions to all the States/UTs to set up nodal agencies to monitor the issue of water quality of the ponds and protection by giving unique identity number and taking other steps, apart from the order passed in respect of this particular encroachment, mentioned earlier. Relevant extract from order of this Tribunal dated 18.11.2020 in O.A No. 325/2015, Lt. Col. Sarvadaman Singh Oberoi v. Union of India & Ors. (which can be accessed on the NGT website), is reproduced below:-
"22. Accordingly, we dispose of this application with following directions:
(i) All States/UTs may forthwith designate a nodal agency for restoration of water bodies, wherever no such agency has so far been so designated.
(ii) Under oversight of the Chief Secretaries of the States/UTs, the designated nodal agency may a. Hold its meeting not later than 31.1.2021 to take stock of the situation and plan further steps, including directions to District authorities for further course of action upto Panchayat levels and to evolve further monitoring mechanism as well as Grievance Redressal Mechanism (GRM).
b. Submit periodical reports to the CPCB/Secretary Jal Shakti, Government of India. First such report may be furnished by 28.02.2021.
(iii) The CMC for monitoring remediation of 351 polluted river stretches, headed by the Secretary, MoJS may monitor the steps for restoration of water bodies by all the States periodically, atleast thrice in a year. First such monitoring may take place by 31.3.2021.
(iv) The CMC may give its action reports to this Tribunal in OA 673/2018 and first such report may be furnished preferably by 30.4.2021 by e-mail.
Any individual grievances may be first raised before the appropriate GRM or by moving the concerned District Magistrate which may be looked into on merits.
The application stands disposed of accordingly."
In view of the above, since the matter relates to enforcement of the order already passed, we direct the District Magistrate, Chhattisgarh to take further action in accordance with law.
The Application is disposed of.
A copy of this order along with the copy of the complaint be forwarded to the District Magistrate, Chhattisgarh by email for compliance.