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Judgment
Grievance in this application is against encroachments in flood plain of river Ramgarh, District Nainital, Uttarakhand.
Vide order dated 10.01.2023, the Tribunal sought a factual report from a joint Committee comprising State PCB and District Magistrate, Nainital.
Accordingly, report dated 15.03.2023 has been filed by the District Magistrate, Nainital acknowledging that levelling of land was done and walls were constructed by Gaurav Bisht builder in the flood plain illegally. Illegal mining of stones was also done. To remedy the same, recommendations have been made for initiating eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and to levy compensation of Rs. 5,15,592 for illegal mining. Thereafter, show cause notice has been issued on 15.03.2023 to Gaurav Bisht for giving his response under the provision of the Mines and Minerals (Development and Regulation) Act, 1957 and Rules.
In view of above, let further action be taken to ensure that no illegal construction is raised in the flood plain nor illegal mining is allowed. For past violations, compensation may be assessed and recovered by the State PCB following due process of law. State PCB in coordination with the District Magistrate, Nainital may file an action taken report within two months by e-mail with the Registrar General of this Tribunal at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The action taken report may also mention afforestation measures in the area to prevent further encroachment in the open land in the flood plain. If found necessary, the Registrar General may place the matter before the Bench.
Subject to above, the application is disposed of.
A copy of this order be forwarded to State PCB and District Magistrate, Nainital by e-mail for compliance.