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Judgment
Grievance in this application is against encroachment at Khasra No. 33, Village Shabad alias Mithepur, District Ghaziabad in the flood plain of River Hindon.
Vide order dated 20.01.2023, the Tribunal sought a factual report in the matter from a joint Committee of District Magistrate, Ghaziabad, State PCB , GDA and Irrigation Department, U.P.
Report of the joint Committee dated 05.04.2023 has been filed to the effect that 7.9 ha. land in Gata No. 33/5 is part of the River but since the river has moved 400 metres west of the village, said area has been encroached. Steps have been taken to remove the encroachment by issuing eviction orders to 115 encroachers. Out of them, 71 have sought restoration on which 16 cases have been rejected while 55 are pending consideration. 12 cases are pending in appeal and 11 appeals have already been rejected. W.P. No. 1499/2021, Tushar Majumdar v. State of UP, W.P. No. 25056/2019, Ikbaal Ahmed & Anr. v. State of UP, W.P. No. 31637/2022, Shiv Kumar v. State of UP, W.P. No. 37997/2022, Kunta Devi vs. State of UP and W.P. No. 4261/2023 Khushnaseeb v. State of UP. are pending before the Allahabad High Court. Status quo has been granted by the High Court.
We have considered the matter. We are of the view that merely because of embankments has been made does not mean that the area in question ceases to be part of flood plain zone. Thus, further action may be taken in accordance with law. The District Magistrate in coordination with other Authorities may ensure that area which has been vacated is not encroached again. To prevent further encroachments, the Forest Department may take afforestation measures in the flood plain wherever the land is available. If any grievance survives, to avoid conflicting orders, aggrieved person may move the High Court in the said pending matters.
The application is disposed of.
A copy of this order be forwarded to District Magistrate, Ghaziabad, State PCB and Executive Engineer, Irrigation Department and DFO Ghaziabad by email for compliance.