AI Structured Summary
Not yet generated for this judgment
Judgment
Application under Section 18 read with Sections 14 and 15 of the National Green Tribunal Act, 2010
The applicant has filed present application under Section 14 read with Section 18 of the National Green Tribunal Act, 2010 inter alia seeking issuance of directions to the concerned regulatory authorities/respondents to demolish and remove the illegal construction of the Moga Resort in 1:25 years Flood Plain Zone of river Ganga/the Forest Land in Rishikesh and also to impose environmental compensation for restoration of the environmental damage caused.
Vide order dated 06.05.2022, notices were ordered to be issued to respondents and a Joint Committee was also constituted to verify the factual position and submit its Factual and Action Taken Report.
In compliance thereof, report of the Joint Committee was filed vide email dated 24.08.2022.
Replies were filed by respondent no. 8 vide email dated 28.07.2022 and respondent no. 1 vide email dated 21.11.2022.
The applicant filed interim applications no. 149/2022 and 215/2022 for placing on record additional documents which were allowed vide order dated 08.09.2022.
Vide order dated 08.09.2022, respondent no. 3 was given four weeks’ time for filing of reply but Ld. Counsel for respondent no. 3 seeks some more time to file reply on its behalf.
Reply on behalf of respondent no. 3 be filed within one month by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
It may be observed that in the report of the Joint Committee forwarded by UKEPPCB coordinates of “Moga Resort” were mentioned as 30003’59”N and 78016’51”E but in reply to the application dated 14.08.2022 filed by the applicant under the Right to Information Act, 2005 the Executive Engineer, Irrigation Department mentioned coordinates of “Moga Resort” as 30003’58.2”N and 78016’50.4”E. The respondent no. 8 is directed to file an affidavit within 15 days by email [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF, mentioning the coordinates of his property “Moga Resort” as admitted by him on the basis of the record/digital information available.
In the course of hearing, it has been pointed out with comparative reading of the report of the Joint Committee and reply filed by respondent no. 1 that the report of the joint committee is self-contradictory as in the report “Moga Resort” is mentioned to be situated outside the reserved forest but it has also been mentioned that the Forest Department has shown the “Moga Resort” to be situated in Virbhadra Kaksh Sankhya 1 and 2 which fall in prohibited area. In the report of the Joint Committee ”Moga Resort” is mentioned to be situated within 1:25 Flood Plain Zone of river Ganga. It has also been pointed out that even though in his report dated 26.08.2022, Divisional Forest Officer, Dehradun Forest Division, Dehradun has mentioned “Moga Resort” to be situated outside the limits of reserved forest but in his report he has acknowledged the possibility of error in demarcation.
The applicant has filed I.A. No. 295/2022 seeking the following reliefs:-
“1. To order the Indian Remote Sensing Agency like NRSC Hyderabad to submit and upload the status report over the Prescribed Time-Line for Year 2014, Year 2016, Year 2017 and Year 2021 by submitting the High Resolution Satellite Imagery of the construction site of the “Moga Resort” to ascertain the factual situation with respect to the Forest Canopy/Vegetative Cover at the Co-ordinates 30003’58.2”N and 78016’50.4”E.
And to order the Director Map Archive & Dissemination Centre, Survey of India, Dehradun to confirm if the Co-ordinates 30003’58.2”N and 78016’50.4”E pertain to Reserve Forest in Rishikesh Uttarakhand.”
Mr. Thakur Sumit, Advocate for Respondent No. 1, Mr. Ruchir Mishra, Mr. Ramneek Mishra and Tajendra Pratap Singh, Advocates for Respondent No. 3, Mr. Mukesh Verma, Advocate for respondent no. 4 and Mr. Rajesh Kumar, Advocate for Respondent No. 8 have no objection if IA No. 295/2022 is allowed.
In view of the attending facts and circumstances and no objection by learned Counsel for the parties present, the application is allowed and (1) the National Remote Sensing Centre (NRCA), Hyderabad is directed to submit status report over the Prescribed Time-Line for Year 2014, Year 2016, Year 2017 and Year 2021 with High Resolution Satellite Imagery of the construction site of the “Moga Resort” to ascertain the factual situation with respect to the Forest Canopy/Vegetative Cover at (i) the Co-ordinates 30003’58.2”N and 78016’50.4”E and (ii) 30003’59”N and 78016’51”E; and (2) the Director Map Archive & Dissemination Centre, Survey of India, Dehradun is directed to confirm whether the (i) Co-ordinates 30003’58.2”N and 78016’50.4”E and (ii) 30003’59”N and 78016’51”E pertain to Reserve Forest in District Rishikesh Uttarakhand.
The UKEPPCB shall be the nodal agency for this purpose and the expenses, if any, incurred for the submission of the reports by the NRSC, Hyderabad and the Director Map Archive & Dissemination Centre, Survey of India, Dehradun shall be borne by UKEPPCB.
Reports may be submitted by the NRSC, Hyderabad and the Director Map Archive & Dissemination Centre, Survey of India, Dehradun within two months by email at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
List for further consideration on 23.02.2023.
A copy of this order be sent to UPEPPCB, the NRSC, Hyderabad and the Director Map Archive & Dissemination Centre, Survey of India, Dehradun for requisite compliance.