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Tribunals and CommissionsFull Bench(2023) 07 NGT CK 0014

Narendra Kushwaha & Anr vs Union of India & Ors

National Green Tribunal · Decided on 12 July 2023

HON’BLE JUDGES
Sheo Kumar Singh, CP · Arun Kumar Tyagi, JM · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 159 Of 2023

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Judgment

6 paragraphs · 366 words
1.

The issues raised in this application are encroachments on the land of rivers/drain known as Aamwala and Nalapani in violation of Environmental Rules. The matter was taken up by this Tribunal on 24.03.2023 and a report was called from the Commissioner, Dehradun. In compliance of the order, the Commissioner, Dehradun has filed an affidavit with the facts that Officers of the Nagar Nigam visited the site and found that there has been no encroachment on Khasra No. 437, Khasra No. 463 Ka, Khasra No. 464, and Khasra No. 441 Ka. However, encroachment was found on Khasra No. 317 Ka admeasuring 0.0295 hectares and Khasra No. 438 admeasuring 0.0157 hectares.

2.

It  is  further submitted  that  earlier  there  was  encroachment  on Khasra  No.  441  Ka  admeasuring  0.0719  hectares  in  form  of  Pucca Construction and boundary wall which has duly been removed on 22.12.2022 and that as far as the encroachment on Khasra No. 317 Ka and Khasra No. 438 is concerned, in compliance of the order passed by the Hon'ble High Court in WPPIL No. 36/2021 Ajay Narain Sharma Versus District Magistrate, Dehradun & Ors. and WPMS No. 1282/2021 Sonam Rathi & Ors. Versus Collector District Magistrate District Dehradun & Ors. due opportunity of being heard has been given to the concerned persons and notice dated 01.07.2023 have been issued as per due process before the removal of the encroachment In this regard, notices dated 01.07.2023 issued qua Khasra No. 317 Ka and Khasra No. 438 are collectively annexed herewith as Annexure no 3 to this affidavit.

3.

It is further submitted that the encroachments have been removed.

4.

The applicant in person has submitted that the report submitted by the Commissioner is false. It is submitted that for removal of the encroachment on Khasra No. 317, process has been initiated after issue of notice in compliance of the order of Hon’ble High Court passed in WPPIL No. 36/2021 and WPMS No. 1282/2021.

5.

Since the matter has been taken up in cognizance by the Hon’ble High Court and the District Administration, we direct the District Administration to comply the orders and remove the encroachments in accordance with law.

6.

The application stands disposed of accordingly.