S. K. Singh vs State of Uttar Pradesh & Anr

This Original Application has been registered on the basis of the letter dated 14.04.2023 sent to the NGT by one Santosh Kumar Singh, resident of Village Bakharia, Lohta, Varanasi, Uttar Pradesh alleging that the pond situated on the southern side of village Bakharia on the boundary of the two villages i.e. Bakharia-Kakharia is being damaged by the official machinery and inspite of the complaint no action has been taken. It has further been alleged that proposed concrete road will damage the pond, for which the complaint was made also without any fruitful result. It also alleged that the pond being used by the villagers and subject to damage and mis-utilization by the land mafia.

Considering the grievance raised in the letter, NGT by order dated 03.05.2023 had formed a joint Committee comprising of the representative of Chief Development Officer, Varanasi, Divisional Forest Officer, Varanasi, UPPCB and District Magistrate, Varanasi. The joint Committee was directed to meet within two weeks, undertake visits to the site, look into the grievance of the applicant, verify the factual position as to whether any pond existed over the land in question at any point of time as per the revenue record and what was the existing factual position on the alleged pond in question and suggest appropriate remedial action by following due course of law. The State PCB was to act as nodal agency for coordination and compliance.

The joint Committee appointed by this Tribunal has carried out the spot inspection and has submitted the report dated 11.08.2023. A perusal of the report reveals that the allegation made in the application filed before this Tribunal are unfounded. The relevant part of the report reads as under:-

“2. As per information furnished by Block Development Officer, Kashi Vidyapeeth, Varanasi vide letter no. 337/Manrega/ Amrit Sarovar/2023-24, dt. 03.08.2023 to Project Director, DRDA, Varanasi (Annexed as Annexure-2) village pond is situated in Gram Panchayat-Bakharia near Kabeer Math 86 pond is rejuvenated/beautify as Amrit Sarovar under Manrega and 15th Finance Commission. Under Manrega program earthwork and citizen information work is done and total estimated cost was Rs. 0.40 lakh and expenditure was Rs. 18,845.00. Under 15th Finance Commission estimated cost was 7.49 lakh and total expenditure spent Rs. 7,24,185.00 out of which amount Rs. 72,365.00 spent on labour and Rs. 6,51,550.00 spent on materials (i)-Construction of pathway Rs. 5,87,550.00, (ii). Installation of bench Rs. 64,000.00 86 (iii). Fencing work- through pipe-payment pending). Above work has been completed under Gram Nidhi in compliance of order of Additional Chief Secretary, Department of Rural Development and Panchayati Raj, Govt. of U.P. vide letter dt. 27.04.2022 (Annexed as Annexure-3). At time of visit Sri Suresh Pal, Gram Pradhan of Village-Bakharia informed that total area of village pond is about 01 acre & selected as Amrit Sarovar in year 2022. The geo co-ordinate of village pond is 25.323341 latitude and 82.91624 longitude. During the visit excessive concretization of the village pond was not found. Approx. 2.5 feet pathway was found constructed around pond by paver blocks. Total 08 benches were found installed on the bank of pond. Pipe fencing was found around pond but cattle and human being can easily enter up to pond. Inlet and outlet of rainwater point is found constructed towards west direction of pond. Ramp was also found constructed towards north direction of pond easily accessible for bathing and drinking purpose of cattle and bathing of human being. At the time of visit humans were taking bath in pond. Bottom and side of pond are found earthen which helps water recharging of rain water. In east direction of pond Kakrahia Ekal Gram Pipe Paijal Yojana 100 KL capacity of overhead tank is constructed by U.P. Jal Nigam, Varanasi for supply of drinking water in rural area approx. 3.51 km. in year 2018-19. Encroachment of pond was not found during visit. Tehsildar, Rajatalab has informed that encroachment of pond has not taken place by any person.

At the time of visit of pond total 44 trees/plants (Small & Large) were found on the bank of pond comprising of Neem (Azadirachta indica), Pipal (Ficus religiosa), Mahua (Madhuca indica), Bel (Aegle marmelos), Aam (Mangifera indica), Cassia syamia (Cassia siamea), Sheesham (Dalbergia sisso), Kanji (Pongamia pinnata), Sagaun (Tectona grandis), Chhitwan (Alsttonia schelaris). Sub Divisional Forest Officer, Varanasi has given information regarding variety of plants, number, approx. age vide letter no. 08/29-1, dt. 05.08.2023. SDO, Varanasi Forest Division, Varanasi has informed that to maintain bio-diversity and Environmental Protection total 30 saplings of Arjun (Terminalia arjuna), Jamun (Syzygium cumini), Bargad (Ficus benghalensis), Gular (Ficus glomerata), Aam (Mangifera indica), Neem (Azadirachta indica), Bel (Aegle marmelos), Sheesham (Dalbergia sisso) will be planted on the bank of pond (Annexed as Annexure-4).

At the time of visit Sri Banarasi S/o Late Chaturi, Sri Prabhu Narayan Patel S/o Sri Kashinath Patel, Sri Suraj Kumar Patel S/o Sri Bhola Patel, Sri Suresh Pal, Gram Pradhan, Gram Panchayat-Bakharia resident of Village-Bakharia has informed that trees were not cut nearby pond area.”

The report also reveals that no trees have been cut nearby pond area as alleged.

It is worth noting that along with the application, the complainant Santosh Kumar Singh has not enclosed any material in support of the allegations.

Hence,  we  are  of  the  opinion  that  the  allegations  made  in  the application are unsubstantiated and not found to be correct in view of the report of the joint Committee.

The joint Committee has made following recommendations:-

“3- Recommendations:-

Gram Panchayat-Bakharia ensure to maintain pond in future 86 Block Development Officer, Kashi Vidyapeeth to monitor it from time to time.

Encroachment of pond must not be allowed by any person in any condition 85 District Administration shall ensure strict compliance of it.

Solid Waste/Liquid Waste should not be allowed to dispose/ discharge in pond 86 it is the responsibility of Gram Panchayat.

Forest Department, Varanasi shall ensure to do 30 nos. sapling of local species of plants as per action plan given with tree guards on the bank of pond and responsibility of protection of plants by gram panchayat-Bakharia.”

The  above  recommendations  are  general  in  nature  and  can otherwise be implemented and monitored by District Magistrate, District Varanasi.

Hence,  we  direct  the  concerned  District  Magistrate  of  District Varanasi to duly ensure the implementation of the above recommendations of the joint Committee ensuring that pond in question is geo-tagged, maintained for its water quality, properly demarcated with plantation and no encroachment is allowed.

The Original Application is accordingly disposed of.