Prempal vs State of UP & Ors

This  original  application  was  registered  by  exercising  suo  moto jurisdiction.

Letter petition dated 09.05.2023 sent by Prempal S/o Sh. Khoov Chand, resident of Village Behrauli Tehsil Mirganj, District Bareilly, UP stated that at the time of consolidation, land in dispute was allotted/kept reserved for narai/nala/khali to carry rain/flood water of Villages Jam Masihabad, Karampur, Tilmas Gontia, Karora, Behrauli, Kutuvpur, and Bhagwantapur to river Ramganga. However, one Hariom S/o Girdhari is raising permanent constructions on the said land so as to obstruct free flow of storm water drain at the land in question.

Complaint  was  considered  by  Tribunal  on  03.08.2023  and considering that allegations made in the letter petition do prima-facie give rise to a substantial question relating to environment, proceeded with the matter but before taking any further action, Tribunal found it appropriate to obtain a factual report and hence constituted a joint committee comprising Executive Engineer, Irrigation and Flood Control Department, Bareilly and District Magistrate, Bareilly and directed the said committee to submit a factual report after verification of the factual position by visit the site

Pursuant to said order, Joint Committee had submitted report dated 08.12.2023 stating that land in question is Gata No.497 in Village Tilmas, Tehsil Mirganj, District Bareilly. It is owned by Smt. Mamta W/o Sri Hariom. Category of land as per revenue record is Category 1-A i.e. “transferrable land tenure”. Copy of khatauni has also been made part of the report as annexure -5. It is also stated in the report that as per revenue record there is no land allotted for narai/nala/khali in the village. Applicant is the owner of Gata No.489 which is adjacent to land in question i.e. Gata No. 497. However, land in question is a low lying area and during rainy season excess water flows on the field through low lying area. Its length is about 5 km. Approximately 40% of runoff passes through a culvert made by PWD and remaining passes through Gata Nos. 494, 495, 496, 497, 498 etc. being lowland area and crosses the road through a humepipe. During heavy rainfall, surrounding area gets submerged in water for some time. Report also shows that there is no area defined or kept reserve for drain/nala as complained by Prempal and construction is being raised by the owner of the land on its own land.

In view of the above report, which is duly supported with relevant documents, we do not find any substance in the complaint made by Prempal that construction is being raised on a land reserved for drain/nala. In our view, no further action is required in the matter. Owner of a private land is entitled to proceed for construction, in accordance with law.

In view thereof, application is rejected.