National Green Tribunal
Himanshu Tyagi vs State Of Uttar Pradesh on 11 December, 2025
Item No 08 Court No. 2
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 958/2024
1. Himanshu Tyagi
National Secretary, Association for Helping Hand Trust (Regd.),
office No. 1, Sector 7,
GDA Market, Rajnagar,
Ghaziabad, U.P. Applicant
Versus
1. State of Uttar Pradesh
Through District Magistrate, Ghaziabad
DM Compound, Sector 14,
Sector 10, Raj Nagar,
Ghaziabad, Uttar Pradesh 201002
E-mail: [email protected]
2. Municipal Corporation, Ghaziabad
Through Commissioner
Navyug Market, Opposite Old Bus Stand,
Ghaziabad, Uttar Pradesh- 201001
Email: [email protected]/[email protected]
3. District Wetland Committee
Through Member Secretary Chief Conservator Forest,
Eco-Vikaas UP (Forest department),
17 Rana Pratap Marg,
Lucknow, Uttar Pradesh
Email: [email protected]
[email protected]
4. Uttar Pradesh State Ground Water Authority
Through Member Secretary
State Ground Water Information System Center (Bhujal Bhawan),
Village- Hariharpur,
Near Delhi Public School,
Shaheed Path, Lucknow-226002
Email: [email protected]
5. Uttar Pradesh Pollution Control Board (UPPCB)
Through its Member Secretary
Building No.TC-12 V, VibhutiKhand,
Gomti Nagar, Lucknow U.P.
Email: [email protected].
6. Chief Development Officer, Ghaziabad
Through District Forest Officer
56, Block E, Sector 23, Sanjay Nagar,
Ghaziabad, Uttar Pradesh 201002
O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.
2
Email: [email protected]/[email protected]/
[email protected]
Respondents
Counsel for the Applicant:
None for the applicant.
Counsel for the Respondents:
Mr. Bhanwar Pal Singh Jadon and Ms. Anjali Sharma, Advocates for Respondents no.1, 3, 5 and 6.
Ms. Somya Saxena, Advocate for Respondent no. 2.
Mr. Gi Gi C George, Advocate for Respondent no. 4.
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER _____________________________________________________________________________ Order Reserved on:-07.10.2025 Order pronounced on:-11.12.2025 ________________________________________________________________________ Order
1. The applicant- Himanshu Tyagi, National Secretary, Association for Helping Hand Trust (Regd.), Office No. 1, Sector 7, GDA Market, Rajnagar, Ghaziabad, Uttar Pradesh has sent by post to this Tribunal the present letter petition dated 30.11.2023 (Pages no. 1 to 21 of the paper book) which has been treated and registered as original application under Sections 14 and 15 of National Green Tribunal Act, 2010 for exercise of suo motu jurisdiction in view of law laid down by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others, (2022) 13 SCC 401.
O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 3
2. The applicant raised grievances regarding encroachments on pond/johar comprised in Khasra No. 712 in village Sarna, Pargana Jalalabaad, Nagar Palika Parishad Muradnagar and 10 other ponds and complained that despite making of several complaints to the concerned authorities no action has been taken for removal of encroachments and remediation of the ponds due to which the water bodies are contaminated and their area is reduced causing damage to the environment.
3. The matter came up for hearing before this Tribunal on 13.09.2024 on which date this Tribunal observed that prima facie the averments made in the original application raise substantial question relating to environment arising out of implementation of the enactments specified in Schedule I of the National Green Tribunal Act, 2010 and also noticed that existence and maintenance of water bodies is important for ecology and accordingly proceeded to consider the issue in respect of entire District of Ghaziabad.
4. By order dated 13.09.2024 this Tribunal constituted a Joint Committee comprising District Magistrate, Ghaziabad; Uttar Pradesh Pollution Control Board (UPPCB); Divisional Forest Officer, Ghaziabad; Central Pollution Control Board (CPCB) and a representative of UP State Wetland Authority, Lucknow and directed the Joint Committee to verify the status of ponds in various Tehsils of District Ghaziabad and submit a status report with regard to area; its present status with regard to encroachment; water quality etc. and file a factual report within two months.
5. Pursuant thereto, an Action Taken Report dated 15.11.2024 (Pages no. 22 to 43 of the paper book) was submitted by the District O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 4 Magistrate, Ghaziabad submitting an interim report dated 14.11.2024. It was said that a total of 1,069 ponds, lakes, and other water bodies exist within the district. The total area covered with the water bodies is 506.362 hectares, out of which, 774 ponds are located in rural areas with a total area of 372.152 hectares, and 295 ponds are located in urban areas with a total area of 134.21 hectares. Based on the information provided by the Tehsils and Urban Bodies, a total of 381 ponds with an area of 182.899 hectares have been verified. Additionally, an area of 254.973 hectares, representing 504 ponds in rural areas, and an area of 68.49 hectares, representing 184 ponds in urban areas, are yet to be verified. It was also said that Inspection of 13 ponds situated in Tehsil Modinagar, Ghaziabad was conducted on 05.11.2024 and 06.11.2024 and during inspection, Joint Committee collected water samples from ponds in Murad Nagar, Jalalpur, Bhoojpur, and Niwadi which were analysed on various aspects like PH, Colour, etc. Report of said 13 ponds is on record on pages 40 to 43 of the paper book and the Tribunal found that in none of the13 ponds, water quality satisfies or meets the prescribed standards. Further, out of 13 ponds, 2 are admittedly encroached but there was nothing to show that any action had been taken for removal of encroachments or for improvement of water quality. Accordingly, this Tribunal directed the Joint Committee to submit its report in terms of directions given by this Tribunal vide order dated 13.09.2024 by 06.01.2025.
6. In compliance thereof, report dated 07.01.2025 (Pages no. 44 to 82 of the paper book) was filed by the District Magistrate, Ghaziabad. The relevant part of the report reads as under:-
"JOINT COMMITTEE REPORT ON BEHLAF OF DISTRICT MAGISTRATE, GHAZIABAD IN COMPLIANCE TO THE ORDER DATED 18.11.2024 HON'BLE NATIONAL GREEN TRIBUNAL NEW DELHI O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.5
xxx......................................xxx...................................................xxx
4. That the present matter relates to the pond/Jauhar at Khasra No-712 in Village Sarna, Pargana Jalalabad, Nagar PallikaParishad, Muradnagar, Ghaziabad. It is alleged that 10 new ponds have been encroached and directions have been sought by the Applicant for remediation of the ponds.
5. That Hon'ble Tribunal vide order dated 13.09.2024 constituted a joint committee comprising of the District Magistrate, Ghaziabad, Uttar Pradesh Pollution Control Board (hereinafter referred to as 'UPPCB), Divisional Forest Officer, Ghaziabad, Central Pollution Control Board (hereinafter referred to as 'CPCB') and a representative of UP State Wetland Authority, Lucknow.
A Copy of the Order dt. 13.09.2024 has been attached herein as Annexure A/2.
6. That a joint committee was constituted by the DM, Ghaziabad, comprising of various officials of district Ghaziabad and chaired by the Additional District Magistrate, Ghaziabad dated 14.10.2024 for the purposes of providing data related to ponds stretched in district Ghaziabad and the joint team constituted by Hon'ble National Green Tribunal.
7. That as per the interim report dated 14.11.2024, a total of 1,069 ponds, lakes, and other water bodies exist within the district. The total area covered with the water bodies is 506.362 hectares, out of which, 774 ponds are located in rural areas with a total area of 372.152 hectares, and 295 ponds are located in urban areas with a total area of 134.21 hectares. Based on the information provided by the Tehsils and Urban Bodies, a total of 381 ponds with an area of 182.899 hectares have been verified. Additionally, an area of 254.973 hectares, representing 504 ponds in rural areas, and an area of 68.49 hectares, representing 184 ponds in urban areas, are yet to be verified. That it is to be stated that the interim report has already been filed.
8. That as per the interim report, Joint Committee constituted by Hon'ble Tribunal conducted inspection of 13 ponds situated in Tehsil Modinagar, Ghaziabad on 05.11.2024 and 06.11.2024. That during the aforementioned inspection, the Joint Committee collected water samples from various ponds in Murad Nagar, Jalalpur, Bhoojpur, and Niwadi. That the Hon'ble National Green Tribunal further directed on 18.11.2024 to submit joint committee report with respect to the leftover ponds.
9. That on 26.12.2024, District Magistrate, Ghaziabad issued directions to:
• Tehsildar, Loni • Executive Officer, Municipal Council, Loni, • Municipal Commissioner, Municipal Corporation, Ghaziabad • Tehsildar, Modinagar, • Tehsildar, Ghaziabad • Executive Officer, Nagar Panchayat, Niwadi • Executive Officer, Municipal Council, Muradnagar • Executive Officer, Modinagar O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.6
That it was henceforth directed to these officials to submit compliance reports. That the compliance reports must include the specific actions taken against encroachments, status of legal proceedings, if any, related to the identified ponds and steps initiated for the restoration and maintenance of the water bodies.
Copies of the directions dt. 26.12.2024 has been attached herein as Annexure A/3.
10. That in pursuance of the committee's mandate, a combined compliance report dt.26.12.2024 was issued to the District Magistrate, Ghaziabad. That this report stated that committees were constituted at the tehsil and municipal levels to conduct verification of the status of all water bodies (ponds) within their respective jurisdictions. That the findings from these verifications have been compiled into detailed joint investigation reports submitted by the respective officials. That the joint investigation reports stated as follows:
• That the Sub-District Magistrate Ghaziabad, along with the Tehsildar and Executive Officers of relevant municipal bodies, conducted a joint investigation and submitted a report dated 24.12.2024. That the report specifies that Tehsil Ghaziabad contains 217 ponds with a total area of 110.9334 hectares, of which 29 ponds (9.4119 hectares) were found to be encroached.
That temples, mosques, highways, and other structures have been constructed on 13 of these ponds. That action has been initiated under Section 67 of the relevant statute on 10 ponds, with further action pending on 16 ponds.
• That the Sub-District Magistrate Modinagar and associated officials submitted a report dt 21.12.2024 stating that Tehsil Modinagar contains 579 ponds spanning an area of 288.469280 hectares. That among these, 120 ponds (25.902480 hectares) were identified as encroached. That encroachments included temples, mosques, roads, power houses, railway lines, and cremation grounds on 25 ponds. That Section 67 action has been taken on 6 ponds, 9 cases are pending before the Sub-Divisional Magistrate Court, and one pond is subject to a stay order from the Hon'ble High Court.
• That the Sub-District Magistrate Loni, Tehsildar Loni, and other officials submitted a report dated 24.12.2024 indicating that Tehsil Loni has 139 ponds covering 57.576 hectares. That 38 ponds (7.323580 hectares) were found encroached, with structures such as temples, roads, power houses, and crematoriums. That action has been taken on 5 ponds under Section 67, FIRs have been lodged for 2 ponds, and 1 pond falls within Hindon Airport's boundary wall.
• That the General Manager (Water), Municipal Corporation, Ghaziabad, and the Additional Municipal Commissioner submitted a report dated 26.12.2024 for the municipal corporation's jurisdiction. That the report specifies 140 ponds with a total area of 69.80380 hectares, of which 44 ponds (14.404380 hectares) are O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 7
encroached. That structures such as Idgahs, graveyards, metro stations, parks, and elevated road pillars exist on these ponds. That Section 67 actions have been initiated on 26 ponds, and legal proceedings are underway for 18 ponds.
A Copy of the Report dt. 26.12.2024 has been attached herein as Annexure A/4.
11.That as per consolidated data from all tehsils and municipal bodies, Ghaziabad district has a total of 1075 water bodies covering an area of 525.1862 hectares. That 231 ponds (57.04212 hectares) have been encroached upon, with temples, roads, power houses, metro stations, and other structures being constructed on 77 ponds.That in addition to the above, the Nodal Officer of the District Ground Water Management Council reported that 76 ponds have been developed through CSR initiatives, and work is in progress on 10 ponds.
12. That further on 27.12.2024, the District Magistrate, Ghaziabad directed the Regional Officer, Pollution Control Board, Ghaziabad, to ensure compliance with the Hon'ble National Green Tribunal's order dated 13.09.2024 by preparing and filing the required report before the Hon'ble Tribunal considering the joint signed report of the constituted committee and including the updated status of ponds in the districts. A Copy of the directions dt. 27.12.2024 has been attached herein as Annexure A/5.
13. That the Joint committee inspected 33 ponds situated in Tehsilloni and 08 ponds situated in Tehsil Modinagar. That the water samples were collected from these ponds according to information provided by District Administration Ghaziabad and observation made by Joint committee during the visit. That the Joint committee also collected water samples on dated 28.12.2024, 30.12.2024 and 31.12.2024 from certain randomly visited ponds and requested Regional Laboratories, U.P. Pollution Control Board for the analysis of samples thus collected. A Copy of the report has been attached herein as Annexure A/6.
14.That, in the present matter the water bodies situated in entire District of Ghaziabad is about 1075, and requires conduct of thorough inspection and verification of the status of all the present water bodies in District. Therefore the joint committee is of the view that 6 months more time maybe allowed to complete the survey and take the necessary actions as required.
15.That, it is humbly submitted that surveying/physical verification of ponds by the joint committee is under progress and after completing the survey final report will be submitted by joint committee."
7. Copy of the Joint Committee Report (Pages no. 73 to 82 of the paper book) was enclosed with above said report filed by the District Magistrate, Ghaziabad. The relevant part of the report is reproduced as under:-
O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.8
"Joint committee report in compliance to Hon'ble National Green Tribunal New Delhi Order dated 18.11.2024 in OA No 958/2024 in the matter of Himanshu Tyagi versus State of U.P. xxx..........................................xxx...........................................xxx
5. That, it is submitted that with regard to number of ponds/lake/water bodies situated in District Ghaziabad, have been identified by District Administration Ghaziabad, and as per report dated. 14.11.2024 the status with regards to ponds, Lake and other water bodies existing in entire District of Ghaziabad is Tabulated below:-
Sr. Name of Number of ponds and Number of pondsand Total number of
No Tehsil area situated in rural area situated in Urban ponds and area
Area Area
Number Area Number Area (in Numbe Area (in hectares)
(hectares) hectares) r
1 Sadar 211 99.660 139 60.4 350 160.091
2 Modinag 492 239.792 88 31
48.9 580 288.695
3 ar
Loni 71 32.700 68 03
24.8 139 57.576
Total 774 372.152 295 76
134. 1069 506.382
21
The copy of said report dated 14.11.2024 is attached here with as Annexure-1
6. That, a status of ponds have been provided by District Administration Ghaziabad which is enclosed as Annexure-2. According to the said report status of ponds with respect to encroachment is tabulated below:-
Sl. Name of Tehsil Number of ponds Number of ponds encroached No. 1. Sadar 350 73 2. Modinagar 580 120 3. Loni 139 38 Total 1069 231
7. That, District Magistrate Ghaziabad vide order dated 26.12.224 has issued direction to concerned officials to take action on the matter of encroachment of ponds.
8. That, in compliance of order dated 28.11.2024 of Hon'ble NGT, New Delhi, Joint committee conducted inspection of 33, ponds situated in Tehsil loni and 08 ponds situated in Tehsil Modinagar and collected water samples from-ponds. According to information provided by District O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.9
Administration Ghaziabad and observation made by Joint committee during visit, the status has been tabulated in the table below:-
Sr. Location Khasra Area Existing Encroachm Current Photographs
No of No. (In Area (In ent Status
. Pond Hec.) Hec.) (Yes/No) of Pond
1 Banthala 204 0.923 0.8920 Yes Water
Pond (0.31ha) Filled
2 Jawali 857 0.051 0.051 No Water
Pond Filled
3 Nistoli 813 0.126 0.126 No Water
Pond Filled
4 Sadullahb 502 0.771 0.771 No Water
ad Pond filled
5 Banthala, 196 0.531 0.531 No Water
Near Kha Filled
RailwayLin
e, Pond
6 Baghrana 1579/ 2.236 2.236 No Water
p 18 Filled
Rani Pond
7 Gadi sablu 1427 0.076 - Yes Water
ka Talab (Pertially) Filled
8 Sikhrani 90 0.948 0.4420 Yes Habitati
Mandir Pond ons
(0.506ha)
O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.
10
9 Sarfuddinpu 858 0.038 0.038 No Water
r Jawali Filled
Pond
10 Sarfuddinpu 859 0.038 0.038 No Water
r Jawali Filled
Pond
11 Sarfuddinpu 860 0.038 0.038 No Water
r Jawali Filled
Pond
12 Sarfuddinpu 863 0.038 0.038 No Water
r Jawali filled
Pond
13 Sarfuddinpu 864 0.038 0.038 No Water
r Jawali filled
Pond
14 Dabar Talab 1411 4.161 4.161 No Water
filled
15 Nishant 606 0.114 0.114 No Water
Colony Pond filled
16 Vikash 605 0.190 0.055 Yes Water
Nagar filled
(0.135ha)
Pond
17 Pavi Ghoda 666 0.158 0.158 No Water
filled
Gate,
Sadakpur,
Pond
18 Pavi 880 0.848 0.8320 Yes Water
Sadakpur, filled
Pond (0.016ha)
O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.
11
19 Gauri Patti 2041 0.405 0.405 No Water
filled
Talab
20 Ashok Vihar 2324 1.556 1.556 No Water
filled
Talab
21 Agrola 185 0.620 0.620 No Water
Talab filled
22 Agrola Near 462 0.316 0.316 No Water
filled
Shamshan
Ghat
23 Haqiqat pur 117 0.370 0.370 No Water
filled
Khundabas
Pond
24 Sarfuddinpu 867 0.038 0 Yes Partially
r Jawali Water
Pond (0.038ha) filled
25 Sarfuddinpu 868 0.038 0 Yes Partially
r Jawali (0.038ha Water
Pond filled
26 Sarfuddinpu 866 0.038 0 Yes Partially
r Jawali (0.038ha Water
Pond filled
27 Sarfuddinpu 877 0.152 0.152 No Water
r Jawali filled
Pond
28 Sarfuddinpu 874 0.101 0.101 No Water
r Jawali filled
Pond
O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.
12
29 Sarfuddinpu 875 0.101 0.101 No Water
r Jawali filled
Pond
30 Sarfuddinpu 872 0.510 0.510 No Water
r Jawali filled
Pond
31 Sarfuddinpur 871 0.510 0.510 No Water
Jawali Pond filled
32 Sarfuddinpur 878 0.190 0.190 No Water
Jawali Pond filled
33 Sarfuddinpur 868 0.038 - Yes Partially
Jawali Pond Water
(0.038ha) filled
34 Sarfuddinpur 865 0.025 0.025 No Water
Jawali Pond filled
35 Sarfuddinpur 870 0.276 0.2628 Yes(0.0132 Partially Jawali Pond ha) Water filled 36 Sarfuddinpur 873 0.076 0.076 No Water Jawali Pond filled 37 Sarfuddinpur 876 0.139 0.139 No Water Jawali Pond filled 38 Sarfuddinpur 879 0.126 0.126 No Sarfuddinp Jawali Pond ur Jawali Pond O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.
13
39 Sarfuddinpur 880 0.177 0.1670 Yes Sarfuddinp
Jawali Pond ur Jawali
(0.010ha) Pond
40 Sarfuddinpur 881 0.063 0.0430 Yes (0.020) Sarfuddinp
Jawali Pond ur Jawali
Pond
41 Sarfuddinpur 882 0.164 0.164 No Sarfuddinp
Jawali Pond ur Jawali
Pond
B-The Joint committee also collected water samples on dated 28.12.2024, 30.12.2024 and 31.12.2024 from these randomly visited ponds and requested Regional Laboratories, U.P. Pollution Control Board for the analysis of samples thus collected. The analysis results have been tabulated in below:-
S.n o Sampling Khasra Area pH Color B.O.D C.O.D T.S.S
Point No. Hect. mg/l mg/l (mg/L)
1 Banthala Pond 204 0.923 7.06 Turbid 36.0 120.0 38.0
2 Jawali Pond 857 0.051 7.40 Turbid 42.0 126.0 45.0
3 Nistoli Pond 813 0.126 7.58 Turbid 28.0 132.0 32.0
4 Sadullahbad Pond 502 0.771 7.05 Turbid 34.0 136.0 40.0
5 Banthala, Near 196 Kha 0.531 7.25 Turbid 26.0 112.0 3.0
Railway Line, Pond
6 Baghranap Rani Pond 1579/18 2.236 7.82 Turbid 34.0 144.0 34.0
7 GadisablukaTalab 1427 0.076 7.39 Turbid 32.0 118.0 44.0
8 SikhraniMandir Pond 90 0.948 7.41 Turbid 44.0 166.0 72.0
9 SarfuddinpurJawali Pond 858 0.038 7.62 Turbid 46.0 178.0 92.0
10 SarfuddinpurJawali Pond 859 0.038 7.48 Turbid 38.0 142.0 82.0
11 SarfuddinpurJawali Pond 860 0.038 7.54 Turbid 42.0 180.0 104.0
12 SarfuddinpurJawali Pond 863 0.038 7.68 Turbid 24.0 154.0 86.0
13 SarfuddinpurJawali Pond 864 0.038 7.39 Turbid 36.0 164.0 98.0
14 DabarTalab 1411 4.161 6.90 Turbid 32.0 128.0 45.0
15 Nishant Colony Pond 606 0.114 7.10 Turbid 30.0 104.0 42.0
O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.
14
16 Vikash Nagar Pond 605 0.190 7.28 Turbid 46.0 122.0 80.0
17 PaviGhoda Gate, 666 0.158 7.59 Turbid 34.0 166.0 92.0
Sadakpur, Pond
18 PaviSadakpur, Pond 880 0.848 7.22 Turbid 32.0 120.0 86.0
19 Gauri Patti Talab 2041 0.405 7.91 Turbid 44.0 158.0 108.0
20 Ashok ViharTalab 2324 1.556 7.34 Turbid 24.0 118.0 78.0
21 AgrolaTalab 185 0.620 7.51 Turbid 38.0 135.0 75.0
22 Agrola Near 462 0.316 7.39 Turbid 26.0 148.0 86.0
ShamshanGhat
23 HaqiqatpurKhundaba s Pond 117 0.370 7.75 Turbid 48.0 162.0 120.0
24 SarfuddinpurJawali Pond 867 0.038 7.32 Turbid 21.0 174.0 62.0
25 SarfuddinpurJawali Pond 868 0.038 7.28 Turbid 32.0 180.0 92.0
26 SarfuddinpurJawali Pond 866 0.038 7.57 Turbid 52.0 196.0 125.0
27 SarfuddinpurJawali Pond 877 0.152 7.69 Turbid 45.0 194.0 128.0
28 SarfuddinpurJawali Pond 874 0.101 7.42 Turbid 32.0 144.0 79.0
29 SarfuddinpurJawali Pond 875 0.101 7.51 Turbid 30.0 145.0 112.0
30 SarfuddinpurJawali Pond 872 0.510 7.45 Turbid 46.0 172.0 132.0
31 SarfuddinpurJawali Pond 871 0.510 7.36 Turbid 50.0 162.0 145.0
32 SarfuddinpurJawali Pond 878 0.190 7.35 Turbid 34.0 146.0 118.0
33 SarfuddinpurJawali Pond 868 0.038 7.42 Turbid 44.0 156.0 124.0
34 SarfuddinpurJawali Pond 865 0.025 7.28 Turbid 28.0 138.0 118.0
35 SarfuddinpurJawali Pond 870 0.276 7.55 Turbid 37.0 156.0 98.0
36 SarfuddinpurJawali Pond 873 0.076 7.42 Turbid 26.0 144.0 87.0
37 SarfuddinpurJawali Pond 876 0.139 7.38 Turbid 48.0 182.0 145.0
38 SarfuddinpurJawali Pond 879 0.126 7.44 Turbid 35.0 176.0 116.0
39 SarfuddinpurJawali Pond 880 0.177 7.64 Turbid 30.0 145.0 110.0
40 SarfuddinpurJawali Pond 881 0.063 7.50 Turbid 44.0 165.0 135.0
41 SarfuddinpurJawali Pond 882 0.164 7.42 Turbid 56.0 198.0 128.0
Remarks: The characteristics of water in the ponds are of domestic waste water and may be attributed to influent from local area.
9. That, in the present matter the water bodies situated in entire District of Ghaziabad is about 1075, and requires conduct of thorough inspection and verification of the status of all the present water bodies in District. Therefore, The Joint Committee is of the view that six months more time maybe allowed to complete the survey as the matter is much detailed. O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.15
10. That, it is humbly submitted that surveying/ physical verification of ponds by the joint committee is under progress an after completing the survey final report will be submitted by joint committee."
8. In view of the averments made in the application, also the time already granted and other attending facts and circumstances, this Tribunal granted three months' time to the Joint Committee vide order dated 08.01.2025 for carrying out further inspections/taking further action and submitting further action taken report specially in respect of ponds in question existing in the area of Nagar Palika Parishad, Muradnagar which are subject matter of the Original Application.
9. In compliance thereof Action taken report dated 28.04.2025 (Pages no. 83 to 416 of the paper book) was filed by the District Magistrate, Ghaziabad. The relevant part of the report reads as under:-
"ACTION TAKEN REPORT ON BEHALF OF DISTRICT MAGISTRATE, GHAZIABAD IN COMPLIANCE WITH ORDER DATED 08.01.2025 PASSED BY THE HON'BLE NATIONAL GREEN TRIBUNAL, NEW DELHI xxx.........................................xxx..........................................xxx
6. COMPLIANCE TAKEN BY THE JOINT COMMITTEE A Copy of the Final Joint Committee Report has been annexed herewith as ANNEXURE A-1.
A. Previous Inspection Report
6. In compliance with the earlier orders of the Hon'ble Tribunal, the Joint Committee had inspected six ponds bearing Khasra Nos. 370, 1110, 1112, 163, 1214, and 294 on 05.11.2024.
7. The said report recorded that:
• Five ponds were found non-encroached and filled with water. • One pond (Sr. No. 4) was found to be partially encroached but had water filled.
The status of the 6 ponds has been attached within the Joint Committee report i.e. Annexure A-l in a tabulated chart.
B. Further Compliance Pursuant to Order Dated 08.01.2025
8. Pursuant to the order dated 08.01.2025, a meeting of the Joint Committee was held under the Chairmanship of the Additional District Magistrate (Land Acquisition) Ghaziabad on 11.03.2025 through video conferencing.
O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 16
9. That subsequent inspections of the remaining 16 ponds were conducted by the Joint Committee on 17.03.2025. The status of the 16 ponds has been attached within the Joint Committee report in a tabulated chart i.e. Annexure A-1.
10. That the findings with respect to the aforesaid 16 ponds are as follows:
• Out of 16 ponds inspected, only one pond (Serial No. 15, Asalat Nagar, Khasra No. 100) was found filled with water. • Fifteen ponds were found dry/vacant. • Water sample collected from the pond at Serial No. 15 was sent to the Regional Laboratory, UPPCB, for analysis. Copy of the Analysis Report has been annexed with the Joint Committee Report i.e. ANNEXURE A-1. • Ponds at Serial Nos. 5 and 6 were fully encroached, and the pond at Serial No. 4 was partially encroached.
10. That the Joint Committee also reviewed list of 22 ponds in the original application submitted by the Applicant regarding encroachment of ponds and matched the information with current ground status. That with respect to this, the information from various tehsils has been collected and the detailed of the status of all 1075 ponds has been annexed within the Joint Committee Report i.e. ANNEXURE A-1.
11. In accordance with the abovementioned detailed status of the ponds the summary of the 1075 ponds in the entire Ghaziabad district is tabulated as below:
Sr. Name of Total no. Area (In Total Encroache Action taken No. Tehsil/ of ponds/ Hec.) no. of d Block water encroac area (In.
bodies hed hec.) ponds 1. Tehsil- 217 110.9334 29 9.4119 Direction has been issued Sadar by District Magistrate Ghaziabad to Tehsildar, Ghaziabad to take action against encroached ponds 2. Tehsil- 579 288.4692 120 25.902480 Direction has been issued Modinaga 80 by District Magistrate r Ghaziabad to Tehsildar Modinagar, Ghaziabad to take action against encroached ponds 3. Tehsil- 139 57.576 - 38 7.323580 Direction has been issued Loni by District Magistrate Ghaziabad to Tehsildar Loni, Ghaziabad to take action against encroached ponds 4. Municipal 140 69.80380 44 14.404380 Direction has been issued Corporatio by District Magistrate n Ghaziabad to Municipal Ghaziaba commissioner, Ghaziabad to d take action against encroached ponds Total 1075 525.186 231 57.04212 - 2 O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 17
12.CONCLUSIONS AND SUGGESTIONS OF THE JOINT COMMITTEE i. The inspection of all 22 ponds forming the subject matter of the Original Application has been duly carried out by the Joint Committee.
ii. Actions against encroachments have been initiated, and rejuvenation measures are to be taken by the concerned local bodies and district administration.
iii. District-wide consolidated action has been initiated based on the data of all 1075 ponds.
iv. A comprehensive time-bound action plan should be prepared by the District Wetland Committee for making all ponds encroachment-free and for their rejuvenation. v. Regular monitoring and progress reports should be submitted to the Hon'ble Tribunal.
14. That the District Magistrate, Ghaziabad, has written a letter dated 26-042025 to the Divisional Forest Officer, Forest Department, Ghaziabad, highlighting that:
• Ghaziabad District has a total of 1075 ponds/water bodies, comprising 293 urban and 782 rural ponds.
• 231 ponds are found encroached, of which 77 ponds are encroached by public utilities such as temples, roads, electric houses, railway houses, crematoriums, etc. • A detailed updated report regarding the status of all 1075 ponds has been submitted to the District Wetland Committee.
• Therefore, the Divisional Forest Officer, Ghaziabad to direct the District Wetland Committee to take further necessary action in relation to the removal of the encroachments and preparing a detailed action plan for their restoration.
A Copy of the letter dt 26-04-2025 has been annexed herewith as ANNEXURE A-2."
10. Copy of report of the Joint Committee Report (Pages no. 93 to 102 of the paper book) submitted in compliance of order dated 08.01.2025 was enclosed with the Action Taken Report dated 28.04.2025. The relevant part of the report is reproduced as under:-
"Joint Committee Report in compliance to Hon'ble National Green Tribunal, New Delhi order dated 08.01.2025 in OA No- 950/2024 in the matter of Himanshu Tyagi Vs State of U.P. O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.18
X X X X 2-Compliance/Action taken by Joint Committee A. In compliance to the Hon'ble NGT order dated 13.09.2024 previously Joint Committee had conducted inspection of 06 ponds situated in the area of Nagar Palika Parihsad Murad Nagar bearing Khasra no. 370, 1110, 1112, 163, 1214, on dated 05.11.2024 and report was filed by District Magistrate Ghaziabad on dated
15.11.2024 before Hon'ble Tribunal. According to the said report, the status of pond which are subject matter of the Original Application has been tabulated in the table below:-
Sr. Location Khasr Area Existi Enforcem Current Photographs No of Pond a No. (In ng ent Status of . Hec.) Area Pond (in hec.) 1 Sarna 370 0.531 0.531 No Water Murad 0 0 Filled Nagar 2 Sarna 1110, 0.760 No Water Murad 1112 , Filled Nagar 1.733 0 3 Sarna 163 0.379 No Water Murad 0 Filled Nagar O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.
19
4 Sarna 1214 0.658 Yes Partially
Murad 0 encroach
Nagar ed and
water
filled
5 Jalalpur 294 0.531 0.531 No Water
Raghunath 0 0 Filled
pu Murad
Nagar
*Pond mentioned at sr. no.2 covers 02 khasra nos.1110 and 1112 in village-Sarna, Muradnagar.
B. In pursuant to order dated 08.01.2025, a meeting of Joint Committee constituted by Hon'ble National Green Tribunal was held by Additional District Magistrate (L&A) Ghaziabad on 11.03.2025 through video conferencing. It was decided to conduct survey of ponds mentioned by the complainant in its application, which are subject matter of the Original Application as proposed on dated 17.03.2025. Accordingly, Joint Committee conducted inspection of ponds situated in the area of Nagar Palika Parishad Murad Nagar Ghaziabad. According to information received from Executive Officer, Nagar Palika Parishad Muradnagar, there are 22 ponds identifiedin Muradnagar block, in which 06 ponds (mentioned /tabulated above at point no. A) have been inspected earlier on dated 05.11.2024 by the Joint Committee.
Further, Joint Committee visited remaining site of 16 ponds on dated 17.03.2025, status of same is tabulated in the table below:
Sr Location Khasr Area (in Encroache Encroac Current Photographs No of Pond a No hec.) d area (in hment Status of hec.) Yes/No Pond
1. Village 100 .6070 None No Dry Sarna Murad Nagar O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.20
2. Sarma 2062 .341 0.0550 Yes Dry Murad nagar
3. Sarna 550 0.510 None No Dry Murad Nagar
4. Srna 712 0.1770 0.0443 Yes Dry Murad nagar
5. Village 796 0.1770 0.1770 Yes Old Abadi Srna Murad Nagar
6. Village 784 0.1140 0.1140 Yes Old Abadi Sarna Murad Nagar
7. Village 862 0.0510 None No Dry Sarna Murad Nagar
8. Village 888 0.0380 None No Dry Sarna Murad Nagar
9. Village 941 0.7080 None No Dry Sarna Murad Nagar O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.21
10. Village 270 4.0470 None No Dry Ukhlarsi Murad Nagar
11. Village 285/2 1.2900 None No Dry Ukhlarsi Murad Nagar
12. Village 413 2.8700 0.3700 Yes Dry Ukhlarsi Murad Nagar
13. Village 981 0.3790 None No Dry Ukhlarsi Murad Nagar
14. Village 360/1 0.1140 None No Dry Ukhlarsi 222 Murad Nagar
15. Asalat 100 0.3160 None No Water Filled Nagar
16. Jalalpur 257 0.1140 None No Dry Raghun athpu Murad Nagar *It was observed that except 01 pond mentioned at serial no.15, remaining 15 ponds are in dry.vacat condition. The Joint Committee collected water sample from pond mentioned at serial no.15 and requested Regional Laboratories, U.P. Pollution Control Board for the O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.22
analysis of samples thus collected. The analysis result has been tabulated in below:-
S. Date Samplin Khasra Area pH Color Odor B.O.D. C.O.D. TSS no g Point No. Hect. mg/1 mg/1 mg/ . 1
1. 17.03.2025 Asalat 100 .3160 6.77 Turbid Faint 40 130 124 Nagre Copy of analysis report is annexed as Annexure-1.
c. The complainant has stated that there is a pond/Jauhar at khasra no.712 in village sarna pargna Jalalabad Nagar Palika Parishad Murad Nagar (including 13 other ponds) have been encroached and despite complaints to the authorities concerned, no action has been taken. Joint Committee perused the averments of complaint and list of pond details provided by complainant with application, current status of same is tabulated as below:-
Sr. Location of Khasra Area (in Existing Water quality of Encroachment No. pond no. hec.) Area (in pond Yes/No hec.)
1. Sarna Murad 370 0.5310 0.5310 Domestic Waste No Nagar Water
2. Sarna Murad 1110, 0.760, 0.760, Domestic Waste No Nagar 1112 1.7330 1.7330 Water
3. Sarna Murad 163 0.3790 0.3790 Domestic Waste No Nagar Water
4. Sarna Murad 1214 0.6580 0.5310 Domestic Waste No Nagar Water
5. Jalalpur 294 0.5310 0.5310 Domestic Waste No Raghunathpu Water Murad Nagar
6. Village Sarna 712 .1770 0.1327 Dry Partially Murad Nagar encroached over 443.16 sqm
7. Village Sarna 100 .6070 .6070 Domestic Waste No Murad Nagar Water
8. Village Sarna 206 .3410 0.286 Dry Partially Murad Nagar encroached over 0.0550 hec.
9. Village Sarna 550 .510 .510 Dry No Murad Nagar
10. Village Sarna 784 .1140 None Old habitation Yes (Fully Murad Nagar Encroached)
11. Village Sarna 796 .1770 None Old habitation Yes (Fully Murad Nagar Encroached)
12. Village Sarna 862 .0510 .510 Dry No Murad Nagar
13. Village Sarna 880 0.360 .360 Dry No Murad Nagar
14. Village Sarna 941 .7080 .7080 Dry No Murad Nagar O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.23
*As per information provide by Executive Officer Nagar Palika Prishad Murad Nagar vide letter dated 23.04.2025, Gata No.1214 is encroached over an area of 0.580 hect. And a case is filed under PP Act against alleged 15 persons. The measurement and demarcation of pond located at Gata No.712, village Sarna Murad Nagar was carried out by the revenue officials. According to the said report total area of pond is about 0.1770 hectares, out of which 443.16 sqm is encroached by 05 persons and case is filed under PP Act against alleged 05 persons, which is pending before the court of Sub. Divisional Magistrate, Modinagar, Copy of information provided by Executive Officer, Nagar Palika Parishad Murad Nagar is annexed as Annexure-
2. D. It is pertinent to mention that a Joint Committee was constituted by the District Magistrate, Ghaziabad comprising various officials of district Ghaziabad for the purpose of providing data related to ponds spread in district Ghaziabad. As per the consolidated data from all the Tehsils and Municipal bodies, District Ghaziabad has a total of 1075 water bodies covering an area of 525.1862 hectares, Consolidated detailed report including status of water bodies with GPS photographs in entire district Ghaziabad is annexed as Annexure-
3. Summary of water bodies in entire district Ghaziabad is tabulated as below:-
Sr. Name of Total No. Area (in Total Encroa Action No. Thsil/Block no hect.) no. ched Taken ponds/wat encroa area erbodies ched (in ponds hect.)
1. Tehsil Sadar 217 110.9334 29 9.4119 Direction has been issued by District Magistrate, Ghaziabad to Tehsildar, Ghaziabad to take action against encroached pond
2. Tehsil- 579 288.469280 120 25.902 Direction Modinagar 480 has been issued by District Magistrate, Ghaziabad to Tehsildar, Modinagar, Ghaziabad to take action O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.24
against encroached pond
3. Tehsil-Loni 139 57.576 38 7.3235 Direction 80 has been issued by District Magistrate, Ghaziabad to Tehsildar, Loni, Ghaziabad to take action against encroached pond
4. Municipal 140 69.80380 44 14.404 Direction Corporation 380 has been Ghaziabad issued by District Magistrate, Ghaziabad to Municipal Commission er,Tehsildar, Ghaziabad to take action against encroached pond Observation:
i. In compliance of order dated 08.01.2025, Joint Committee conducted survey of ponds mentioned as khasra no.712 and other 13 ponds in muradnagar block, which are subject matter of the Original Application, out of which, 02 pond mentioned asterial no.10 & 11 in paragraph C, are found fully encroached, while 02 ponds mentioned at serial no.4 & 6 in paragraph c are found partially encroached.
ii. Joint Committee found that there are 22 ponds identified in Muradnagr Block, out of which, only 06 ponds are water filled. As per analysis report of water filled ponds, quality of water in pond is found as characteristics of domestic waste water.
iii. District Magistrate, Ghaziabad vide its letter dated 26.12.2024 direction issued to Executive Officer Nagar Palika Parishad Murad nagar to take appropriate action with respect to encroachment of said ponds in muradnagar block, copy of same is annexed as Annexure-
4.
iv. As per consolidated detailed report of total 1075 ponds in entire district Ghaziabad, action is already initiated against identified encroachers under section 67 of U.P. Land Revenue Act, 2006 and O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 25
under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.
Conclusion/Suggestion i. The Joint Committee, constituted by Hon'ble Tribunal vide its order dated 13.09.2024, is of view that inspection of ponds in question, which are subject matter of the Original Application, has been carried out by the Joint Committee, further, action against encroachment and rejuvenation of ponds has to be taken by concerned local bodies/district administration.
ii. Consolidated report of 1075 ponds shows that action is already initiated against encroachment identified on ponds in entire district, in which action will be taken by district administration in view of order to be passed by competent court in cases filed by concerned local bodies.
iii. Comprehensive action plan should be prepared by the District Wetland Committee regarding encroachment free and rejuvenation of ponds in entire district in time bound manner."
11. This Tribunal considered the matter on 29.04.2025 and impleaded State of Uttar Pradesh through District Magistrate, Ghaziabad; Municipal Corporation, Ghaziabad through Commissioner; District Wetland Committee through Member Secretary; Uttar Pradesh State Ground Water Authority through Member Secretary; Uttar Pradesh Pollution Control Board through Member Secretary and Chief Development Officer, Ghaziabad through DFO as respondents no. 1 to 6 and ordered issuance of notices them requiring them to file their replies/responses. This Tribunal also observed in its order dated 29.04.2025 as under:-
"8. In the present case as per the Revenue record total number of 1075 ponds exist in the District. Out of 1075 ponds, 844 ponds are free from any encroachment and therefore, rejuvenation of these ponds deserves to be given the first priority.
9. Further, out of 1075 ponds 231 ponds are under partial or complete encroachments and proceedings have been/are to be initiated for removal of the encroachments. The proceedings for removal of the encroachments need to be expedited and such number of ponds from which encroachments are removed, need to be rejuvenated and protected to prevent any further encroachment.
O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.26
10. The rejuvenation of ponds required not only participation by the Gram Panchayat and also utilization of the funds under MGNREGA or other Government schemes but also participation of the villagers for maintaining and protecting the ponds. The industries which have been granted permission for extraction of ground water in District Ghaziabad can be required to adopt specified number of ponds for the purpose of rejuvenation and recharge of ground water."
12. Accordingly, vide order dated 29.04.2025, the District Wetland Committee was directed to take requisite remedial measures in view of these aspects and the District Magistrate, Ghaziabad was directed to file further progress report along with the list of the ponds mentioning in part A- the ponds which are free from encroachment giving details of the measures taken for rejuvenation, in part B- the ponds which have already been rejuvenated, in part C- the ponds which are under partial or complete encroachment giving details of the proceedings initiated for removal of encroachment and part D- ponds which have been made free from encroachment and giving details regarding measures taken for rejuvenation thereof.
13. In compliance of order dated 29.04.2025 Progress report dated 31.07.2025 (Pages no. 417-768 of the paper book) was filed by respondent no. 1-DM, Ghaziabad, reply dated 31.07.2025 (Pages no. 769-1118) of the paper book) was filed by respondent no. 3-DWC and respondent no. 6- CDO, Ghaziabad, reply dated 31.07.2025 (Pages no. 1119-1466 of the paper book) was filed by respondent no.5- UPPCB, reply dated 30.07.2025 (Pages no. 1467-1534 of the paper book) was filed by respondent no.4- UPSGWA and affidavit dated 31.07.2025 (Pages no. 1535-1573 of the paper book) was filed by respondent no. 2-MC, Ghaziabad and report dated 05.10.2025 (Pages no. 1574 - 1652 of the paper book) was filed by respondent no. 4-UPSGWA.
O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 27
14. Vide order dated 01.08.2025 this Tribunal ordered that Further Progress Reports may be filed by the respondents within two months.
15. In compliance thereof Further Progress Report dated 05.10.2025 (Pages no. 1653-1880 of the paper book) was filed on behalf of DM, Ghaziabad and affidavit dated 06.10.2025 (Pages no. 1881-1907 of the paper book) was filed by respondent no.2-MC, Ghaziabad.
16. We have gone through the reports/replies filed by the respondents and have also heard submissions made by the learned Counsels for the respondents.
17. In Hinch Lal Tiwari Vs. Kamala Devi (2001) 6 SCC 496 Hon'ble Supreme Court held that 'ponds' are a public utility meant for common use and the ponds could not be allotted or commercialised. In that case Hon'ble Supreme Court observed that the Government, including the Revenue Authorities i.e. Respondents 11 to 13, having noticed that a pond is falling in disuse, should have bestowed their attention to develop the same which would, on one hand, have prevented ecological disaster and on the other provided better environment for the benefit of the public at large. Such vigil is the best protection against knavish attempts to seek allotment in non-abadi sites. While setting aside the order of the High Court, restoring the order of the Additional Collector dated 25-2-1999 confirmed by the Commissioner on 12-3-1999 and directing respondents no1 to 10 to vacate the land, Hon'ble Supreme Court directed the State including Respondents 11 to 13 to restore the pond, develop and maintain the same as a recreational spot observing that it will undoubtedly be in the best interest of the villagers and will also help in maintaining ecological O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 28 balance and protecting the environment. In that case Hon'ble Supreme Court observed as under:-
"13. It is important to notice that the material resources of the community like forests, tanks, ponds, hillock, mountain etc. are nature's bounty. They maintain delicate ecological balance. They need to be protected for a proper and healthy environment which enables people to enjoy a quality life which is the essence of the guaranteed right under Article 21 of the Constitution....."
18. In Jagpal Singh Vs. State of Punjab & Ors. (2011) 11 SCC 396 Hon'ble Supreme Court noted that since time immemorial, certain common lands had vested in village communities for collective benefit. Except in exceptional circumstances when used exclusively for the downtrodden, said lands were inalienable. Since Independence powerful people and a corrupt system had appropriated said lands for personal aggrandizement. Pointing out the harms in allowing such misappropriation, Hon'ble Supreme Court noted an urgent public interest in stopping such misdeeds and issued directions for eviction of illegal occupants and restoration of the common land to villagers. In that case Hon'ble Supreme Court observed as under:-
"X X X X
19. ... our ancestors were not fools. They knew that in certain years there may be droughts or water shortages for some other reason, and water was also required for cattle to drink and bathe in etc. Hence they built a pond attached to every village, a tank attached to every temple, etc. These were their traditional rain water harvesting methods, which served them for thousands of years.
20. Over the last few decades, however, most of these ponds in our country have been filled with earth and built upon by greedy people, thus destroying their original character. This has contributed to the water shortages in the country. Also, many ponds are auctioned off at throw away prices to businessmen for fisheries in collusion with authorities/Gram Panchayat officials, and even this money collected from these so called auctions are not used for the common benefit of the O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 29
villagers but misappropriated by certain individuals. The time has come when these malpractices must stop.
21. In Uttar Pradesh the U.P. Consolidation of Holdings Act, 1954 was widely misused to usurp Gram Sabha lands either with connivance of the Consolidation Authorities, or by forging orders purported to have been passed by Consolidation Officers in the long past so that they may not be compared with the original revenue record showing the land as Gram Sabha land, as these revenue records had been weeded out. Similar may have been the practice in other States. The time has now come to review all these orders by which the common village land has been grabbed by such fraudulent practices.
X X X X
23. Before parting with this case we give directions to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. For this purpose the Chief Secretaries of all State Governments/Union Territories in India are directed to do the needful, taking the help of other senior officers of the Governments. The said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession. Regularization should only be permitted in exceptional cases e.g. where lease has been granted under some Government notification to landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land.
24. Let a copy of this order be sent to all Chief Secretaries of all States and Union Territories in India who will ensure strict and prompt compliance of this order and submit compliance reports to this Court from time to time.
X X X X"
19. In O.A. No. 325/2015 titled Lt. Col. Sarvadaman Singh Oberoi vs. Union of India & Ors. the issue for consideration in the original application was identification, protection and restoration of water bodies in Gurgaon in Haryana. However, in the light of proceedings which took place, the scope of the application was extended to the entire State and then to the entire country, in the interest of protection of environment. This Tribunal noted the need for conservation of water bodies throughout O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 30 India for healthy environment, particularly in the light of judgment of the Hon'ble Supreme Court in Hinch Lal Tiwari vs. Kamala Devi & Ors. (2001) 6 SCC 496. This Tribunal observed that under Public Trust Doctrine, the State has to maintain and restore the water bodies. This inter-alia helps availability of water, protection of aquatic life, maintaining micro climate, recharge the ground water and e-flow of the rivers. In view of mandate of law laid down by the Hon'ble Supreme Court and the NGT Act, 2010, this Tribunal, vide order dated 10.05.2019, directed all States/UTs to review the existing framework of restoration of all the water bodies by preparing an appropriate action plan and to include restoration of water bodies as one of the items incidental to waste management covered by orders in O.A. No. 606/2018 Compliance of MSW Rules, 2016, directed CPCB to examine all such plans and furnish its comments to this Tribunal and to prepare and place on its website guidelines in the matter of restoration of water bodies and directed Central Monitoring Committee constituted in terms of order dated 08.04.2019 in O.A. No. 673/2018, News item published in "the Hindu" authored by Shri Jacob Koshy titled "More river stretches are now critically polluted". This Tribunal considered the reports filed by CPCB and the U.P. Oversight Committee and status of compliance and issued further directions vide order dated 18.11.2020. The operative part of order dated 18.11.2020 reads as under:-
"17. In NGT order dated 27.08.2020 in OA 351/2019, Raja Muzaffar Bhat vs. State of Jammu and Kashmir & Ors., it was observed:
"... .... ... ...
8. One of the serious challenges is solid and liquid waste management, apart from encroachments. There are binding directions of the Hon'ble Supreme Court in Almitra H. Patel Vs. Union of India & Ors1. and Paryavaran Suraksha vs. Union of India2 on the 1 (2000) 2 SCC 679 2 (2017) 5 SCC 326 O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.31
subject of scientific management of solid waste and sewage/effluents in accordance with the statutory provisions of the Water (Prevention and Control of Pollution) Act, 1974, ('Water Act') Air (Prevention and Control of Pollution) Act, 1981, ('Air Act) and waste management rules framed under the Environment (Protection) Act, 1986 ('EP Act'). There is large scale non-compliance of the said statutory provisions which has led this Tribunal to consider the issue of river pollution in OA No. 673/2018, News item published in "The Hindu" authored by Shri Jacob Koshy Titled "More river stretches are now critically polluted: CPCB" in view of acknowledged data of 351 polluted river stretches in the country. Apart from the said issue, large scale failure has been found in the matter of solid waste management as repeatedly recorded in O.A. No. 606/2018. The Chief Secretaries of all the States/UTs were required to remain present in person before this Tribunal for interaction and further planning. In O.A. No. 325/2015, Lt. Col. Sarvadaman Singh Oberoi v. UOI & Ors., the Tribunal has considered the issue of restoration of water bodies. In Original Application No. 593/2017, Paryavaran Suraksha Samiti & Anr. v. UOI & Ors., the issue of untreated sewage or effluent being discharged in water bodies have been taken up for consideration. There are several other matters dealing with the such issues, including coastal pollution, pollution of industrial clusters etc.
9. There is discussion in the media about inadequacy of monitoring of action for restoration of lakes, wetlands and ponds which is certainly necessary for strengthening the rule of law and protection of public health and environment3. Several directions have been issued by the Hon'ble Supreme Court in M.K. Balakrishnan and Ors. v. UOI & Ors.4"
18. We also note that the Ministry of Urban Development, Government of India, Central Public Health and Environmental Engineering Organization (CPHEEO) has issued an advisory on "Conservation and Restoration of Water Bodies in Urban Areas"5 in August, 2013 which need to be followed. The matter was also considered by the Standing Committee on Water Resources (2015-16), Sixteenth Lok Sabha. Its Tenth Report has been published by the Ministry of Water Resources, River Development and Ganga Rejuvenation under the heading "Repair, Renovation and Restoration of Water Bodies- Encroachment on Water Bodies and Steps Required to 3 https://gradeup.co/lakes-in-india-i-4b99dc80-f6ce-11e7-9d78-07a242af4480 http://www.saconenvis.nic.in/publication/Lake%20Protection%20and%20Management%20o f%20Urban%20Lakes%20in%20India.pdf http://www.worldlakes.org/uploads/Management_of_lakes_in_India_10Mar04.pdf 4 (2017) 7 SCC 805 5 http://mohua.gov.in/upload/uploadfiles/files/Advisory%20on%20Urban%20Water%20Bodies.pdf O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.32
Remove the Encroachment and Restore the Water Bodies"6 in August, 2016. Further, the "Guidelines for the Scheme on Repair, Renovation and Restoration (RRR) of Water Bodies under PMKSY (HKKP)"7 have been published by the Ministry of Water Resources, River Development and Ganga Rejuvenation, Govt. of India in June, 2017. The said report also provides useful material to be looked into by the enforcement agencies.
19. As regards, report of the CPCB on the subject of rain water harvesting, it appears that CPCB has not appreciated the direction of this Tribunal on the subject. While rain water harvesting may be required in all buildings and other places in urban areas, in the present context, the Tribunal has directed setting up of such facilities in sub water sheds along ponds for utilization of surplus rain water for restoration of the ponds which have become dry and for augmenting other ponds.
20. There is, thus, need for continuous planning and monitoring at National, State and District levels. Suggestions and observations of CPCB and the Oversight Committee need to be acted upon.
21. As suggested by the CPCB, a single agency needs to be set up in every State/UTs within one month. This work may either be assigned to the Wetland Authority of the State or the River Rejuvenation Committee or to any other designated authority such as the Secretary, Irrigation and Public Health/Water Resources. It is made clear that if the State Wetland Authority is to be assigned the task of protection of all water bodies, this task will be in addition to the normal functioning of the State Wetland Authority under the Wetland (Conservation and Management) Rules, 2017. Such nodal agency must call a preliminary meeting on the subject with all the District Magistrates on or before 31.01.2021 to take stock of the situation and to plan further steps. Thereafter, a regular meeting may be held for periodic monitoring at the District level as well as the State level with the identified targets of proper and scientific identification and protection of all water bodies, assigning unique identification number, removing encroachments, preventing dumping of waste, maintaining water quality and restoration by taking other appropriate steps, involving the Panchayats and the community, utilizing the financial resources available from different sources. Steps taken need to be documented and compiled and reported to a central authority, preferably the CPCB. This Tribunal has already constituted a CMC to be headed by the Secretary, MoJS with the assistance of CPCB and other authorities to monitor remedial action for 351 polluted river stretches. Restoration of water bodies is also a connected issue which can be monitored by the same Committee atleast thrice a year at the national level.
6 http://164.100.47.193/lsscommittee/Water%20Resources/16_Water_Resources_10.pdf 7 http://pmksy-mowr.nic.in/documents/RRR_PMKSY_Guidelines_2017.pdf O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 33
Directions
22. Accordingly, we dispose of this application with following directions:
(i) All States/UTs may forthwith designate a nodal agency for restoration of water bodies, wherever no such agency has so far been so designated.
(ii) Under oversight of the Chief Secretaries of the States/UTs, the designated nodal agency may a. Hold its meeting not later than 31.1.2021 to take stock of the situation and plan further steps, including directions to District authorities for further course of action upto Panchayat levels and to evolve further monitoring mechanism as well as Grievance Redressal Mechanism (GRM).
b. Submit periodical reports to the CPCB/Secretary Jal Shakti, Government of India. First such report may be furnished by 28.02.2021.
(iii) The CMC for monitoring remediation of 351 polluted river stretches, headed by the Secretary, MoJS may monitor the steps for restoration of water bodies by all the States periodically, atleast thrice in a year. First such monitoring may take place by 31.3.2021.
(iv) The CMC may give its action reports to this Tribunal in OA 673/2018 and first such report may be furnished preferably by 30.4.2021 by e-mail.
23. Any individual grievances may be first raised before the appropriate GRM or by moving the concerned District Magistrate which may be looked into on merits.
The application stands disposed of accordingly. A copy of this order be forwarded to the Secretary, MoJS, CPCB, the Chief Secretaries of all the States/UTs and all District Magistrates by e-mail for compliance.
All pending I.A.s and M.A.s will stand disposed of."
20. In O.A. No. 65/2020 titled Sushil Raghav vs. State of U.P. & Ors. this Tribunal referred to directions given in O.A. 325/2015 titled Lt. Col. Sarvadaman Singh Oberoi vs. Union of India & Ors. and gave further directions vide order dated 17.03.2021. The relevant part of the order dated 17.03.2021 reads as under:-
O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.34
"7. In view of above, the Chief Secretary, UP may take further action and ensure compliance in the matter of removing of encroachments and taking other steps for restoration of water bodies by periodically holding meetings with the District Magistrate for monitoring. In this regard, community involvement in appropriate manner may be considered. The data of steps taken may be placed on the relevant websites for awareness.
The application is disposed of.
A copy of this order be forwarded to the Chief Secretary, UP and State PCB by e-mail for compliance. The Chief Secretary, UP may forward a copy of this order to all the District Magistrates in the State who may in turn forward it to all the Village Panchayats."
21. It may be mentioned here that directions given by Hon'ble Supreme Court and this Tribunal as mentioned above were applicable in District Ghaziabad for removal of encroachments and restoration/rejuvenation of all the water bodies/ponds situated therein and the respondents were required to comply with the same. However, it appears that the respondents did not prepare any Action Plan for identification, demarcation and protection of ponds and lakes and did not take requisite action for removing encroachments, restoring/rejuvenating water bodies and maintaining water quality as per norms in District Ghaziabad before filing of the present original application. In his reports, the District Magistrate, Ghaziabad has also not given requisite details regarding compliance made with directions given by Hon'ble Supreme Court and this Tribunal in the cases referred above before filing of the present original application. In the reports filed before this Tribunal there is no mention regarding geotagging of the ponds and assignment of UID to the same.
22. As per the Reports of the Joint Committee and Progress Reports filed by the District Magistrate, Ghaziabad the total number of ponds in O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 35 Ghaziabad District is 1075. The distribution of the ponds in District Ghaziabad is as under:-
Sr. Tehsil Number of ponds
No.
1 Sadar 217
2 Modinagar 579
3 Loni 139
4 Municipal 140
Corporation
Ghaziabad
Total 217+579+139+140 = 1075
23. Vide order dated 29.04.2025, this Tribunal directed the District Magistrate, Ghaziabad to file further progress report along with the list of the ponds mentioning in part A- the ponds which are free from encroachment giving details of the measures taken for rejuvenation, in part B- the ponds which have already been rejuvenated, in part C- the ponds which are under partial or complete encroachment giving details of the proceedings initiated for removal of encroachment and part D- ponds which have been made free from encroachment and giving details regarding measures taken for rejuvenation thereof.
24. In compliance thereof Progress Report dated 31.07.2025 was filed by respondent no. 1-DM, Ghaziabad and the relevant information given in the Progress Report may be noticed as under:-
Part A: Ponds Free from Encroachment (as on 29.04.2025) As per Progress Report dated 31.07.2025, 844 ponds are free from encroachments as mentioned below:-
(i) Tehsil Sadar: 188 out of 217 (ii) Tehsil Modinagar: 459 out of 579 (iii) Tehsil Loni: 101 out of 139 (iv) Municipal Corporation Ghaziabad: 96 out of 140 O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 36
As per the above mentioned Progress Report measures are to be taken for Rejuvenation of 476 ponds Out of 844 ponds.
Part B: Ponds Already Rejuvenated (as on 29.04.2025) As per Progress Report dated 31.07.2025, out of 844 ponds free from encroachments rejuvenation measures have already been completed as of 29.04.2025 in respect of 368 ponds as mentioned below:-
(i) Tehsil Sadar: 67 ponds (ii) Tehsil Modinagar: 243 ponds (iii) Tehsil Loni: 35 ponds (iv) Municipal Corporation Ghaziabad: 23 ponds
Part C: Ponds Under Partial or Full Encroachment (Status as on 29.04.2025) As per Progress Report dated 31.07.2025, proceedings for removal of encroachments have been initiated in respect of 203 ponds as mentioned below:-
(i) Tehsil Sadar: 25 ponds (ii) Tehsil Modinagar: 101 ponds (iii) Tehsil Loni: 35 ponds
(iv) Municipal Corporation Ghaziabad: 42. Ponds In the above mentioned Progress Report it has been mentioned thatas per inputs from the Municipal Corporation 35 ponds are encroached by old habitations, temples, roads, and buildings and the total encroached ponds stands at 231 +35 = 266 ponds.
However, it may be observed here that the above note creates confusion as the total number of ponds 844 ponds free from encroachment and 266 encroached ponds comes to 1110 whereas the total number of ponds in District Ghaziabad is stated to be 1075. Part D: Ponds which have been made free from encroachment and giving details regarding measures taken for rejuvenation As per Progress Report dated 31.07.2025, 28 ponds have been freed from encroachments as mentioned below:-
(i) Tehsil Sadar: 4 ponds
(ii) Tehsil Modinagar: 19 ponds
(iii) Tehsil Loni: 3 ponds
(iv) Municipal Corporation Ghaziabad: 2 ponds.
O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 37
25. Vide order dated 01.08.2025 further progress reports were ordered to be filed within two months.
26. In compliance thereof further progress report dated 06.10.2025 was filed by respondent no. 1-DM, Ghaziabad. In the Progress Report it was mentioned that the District Magistrate, Ghaziabad and the Additional District Magistrate, Ghaziabad had written letters dated 26.08.2025 and 04.09.2025 to Municipal Commissioner, Ghaziabad, Chief Development Officer, Ghaziabad, Divisional Director, Social Forestry Division, Ghaziabad, Sub-Divisional Magistrate, Loni Sadar / Modinagar, Ghaziabad, Regional Officer, Uttar Pradesh Pollution Control Board, Ghaziabad and Nodal Officer, Ground Water Management Council, Ghaziabad that in order to review the progress made in the present matter, a meeting is proposed to be held on 11.09.2025 under the chairmanship of the District Magistrate, Ghaziabad. Pursuant to the above, a meeting was held on 11.09.2025 in the Collectorate Auditorium under the chairmanship of the District Magistrate, Ghaziabad. During the said meeting, District Magistrate, Ghaziabad issued the directions that the total number of encroached ponds in District Ghaziabad, the total number of ponds freed from encroachment, photographs/ground reports (including before and after photographs), and the status of remaining encroached ponds should be provided. Further, a brief action plan be submitted for completing the pending work as per rules. The total number of ponds rejuvenated in District Ghaziabad (with before and after photographs) and the proposed plan for restoration of the remaining encroachment-free ponds be submitted. The District Magistrate, Ghaziabad directed all concerned officers to submit their compliance reports within three working days. In compliance of the aforementioned directions, further progress report with comprehensive action plan regarding the actions taken was O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 38 submitted by the concerned departments to the Additional District Magistrate, Ghaziabad. Complete details of updated status provided by concerned Tehsils and Nagar Nigam, Ghaziabad was tabulated in the Progress Report which table is reproduced below:-
Land Total Total Number Total Total Total no of owning Number of Ponds Number of Number of ponds agency of Ponds encroachment Ponds which Ponds which which are (4 + 5 + 6) free(4+5) have been be partially/f rejuvenated rejuvenated ully or measures encroache taken have d (2-3) for rejuvenation 1 2 3 4 5 6 Nagar 140 63 30 33 77 Nigam Tehsil 579 480 262 218 99 Modinagar Tehsil Loni 139 102 35 67 37 Tehsil Sadar 217 196 67 129 21 Total 1075 841 394 447 234
27. Affidavit dated 06.10.2025 was filed by respondent no. 2-MC, Ghaziabad. A copy of the Letter dated 27.09.2025 along with the updated and verified list of encroached ponds, including khasra numbers, area and status of proceedings and their photographs was annexed therewith as Annexure A.
28. In the affidavit dated 06.10.2025 it has been mentioned that the MC, Ghaziabad areas comprises 140 ponds covering 69.8038 hectares, of which 96 ponds (68.57%) were then encroachment-free and 44 ponds were encroached (18.57%). The Property Department classified the ponds under encroachment into various categories as mentioned therein.
O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 39 Category A(1) comprises 34 ponds in respect of which formal legal action has been instituted by the Property Department. Category A(2) comprises 8 ponds in respect of which legal proceedings are presently underway. Category A(3) comprises 2 ponds that have been successfully cleared of encroachment following enforcement action taken after 29.04.2025. Category B records 35 ponds affected by specific or complex encroachments examples include an Idgah, a cemetery, multiple GDA works, Awas Vikas developments, impacts from Metro/Rapid Metro works, municipal parks/roads/tubewells/tanks, a temple, an elevated road pillar, a police post, parking for Hindon crematoria, a Chhath ghat and related access roads. The aggregate number of ponds falling within the A1 + A2 + B matrix is therefore 77 ponds.
29. It may be observed here that above categorization also creates confusion as the aggregate number of ponds falling within the A1 + A2 + B matrix is stated to be 77 ponds whereas in the earlier part of the affidavit 96 ponds were stated to be encroachment-free and 44 ponds were stated to be encroached.
30. In the affidavit it has been mentioned that the Property Department has identified 61 ponds that have not been historically encroached and are, therefore, immediately available for restorative works. In addition, 2 ponds were recently de-encroached and made available for rehabilitation post 29.04.2025. Consequently, 63 ponds in total have been identified as requiring renovation and cleaning at present. Of these 63 ponds, the Department's operational assessment indicates that 23 ponds do not require immediate civil intervention (their condition is satisfactory), 7 ponds remain queued for works to be scheduled, and 33 ponds have been O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 40 prioritised for immediate action and budget allocation under the Corporation's short-term implementation plan.
31. In the affidavit dated 06.02.2025 the information given with respect to Part A, Part B, Part C and Part D ponds and rejuvenation measures as required by order dated 29.04.2025 is reproduced as under:-
"Part A Ponds Free from Encroachment and Measures Taken for Rejuvenation
8. The consolidated report dated 27.09.2025 (Annexure A) records that thirty-two (32) ponds within GMC limits were verified by field inspection as being free from encroachment as on the date of the report. For these 32 pond Annexure A provides khasra numbers, area figures and photographs and sets out the rejuvenation measures proposed and/or initiated. The rejuvenation measures recorded in Annexure A for these ponds include desilting of pond basins, strengthening and reconstruction of embankments, peripheral plantation of native species, construction of silt- traps/recharge trenches and erection of temporary protective fencing, works being implemented primarily under the CSR/NNG programme and the Municipal engineering budget where applicable. These 32 ponds have been geo-tagged and assigned monitoring responsibility at the ward level.
Part B-Encroachment-Free Ponds Already Rejuvenated
9. As per the Annexure A, it categorises and lists twenty-three (23) ponds as having been fully rejuvenated on the ground as at the date of the report. Those rejuvenation works are fully described and include, inter alia, deep desilting, inlet-outlet correction, bund strengthening using bio-engineering techniques, plantation of riparian species, and handover arrangements to local maintenance committees. It also records that six (6) ponds were under active works (physical execution in progress) and that thirty-two (32) ponds had been identified but not yet executed under the then current programmatic cycle.
Part C Ponds Under Partial or Complete Encroachment (After 29.04.2025 till date)
10. Annexure A contains a detailed khasra-wise list of the 42 ponds that were found to be under partial or complete encroachment at the time of verification, together with the detailed status of proceedings initiated for their removal. The Annexure C tables provide the village/ward, khasra number total area, encroached area and the procedural stage (show-cause, eviction notice, revenue proceedings, demolition orders etc.) for each entry. The report's field list is comprehensive and forms the primary factual foundation for the Municipal Corporation's enforcement plan and subsequent restoration actions.
Part D-Ponds Made Free from Encroachment (After 29.04.2025 till date) O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors.41
11. GMC explicitly identifies two (2) ponds which, following enforcement action subsequent to the Tribunal's order of 29.04.2025, had been cleared of encroachment and restored to municipal control. The khasra numbers and areas of these two de- encroached ponds are noted in Annexure A (for example, Khasra Nos. 726 and 396 with areas quoted in the report). Annexure A further contains the technical proposal for the rejuvenation of these two de-encroached ponds and their prioritisation in the immediate next works cycle.
12. In strict compliance with the Tribunal's orders and the district committee directions, GMC has taken multiple sequential steps:
issuance of formal notices and initiation of revenue proceedings in the cases indicated in Annexure A; physical enforcement for removal of unauthorized structures where eviction orders have been obtained and police assistance is justified; preparation of technical designs and cost estimates for post-de-encroachment restoration; geo-tagging and ward-level assignment for each pond; and preparation of tender documents for the 32-pond municipal programme financed from the Corporation funds. The two ponds already de-encroached are being fast-tracked for immediate rehabilitation, while the pond for which the Rs. 404.15 lakh estimate has been sent to SLTC will follow upon approval.
13. Financially, the Corporation has provisioned the Rs. 233.45 lakh (preliminary estimate) for the 32-pond municipal works in the relevant budget head and will expedite tendering and execution upon administrative sanction. For the larger pond requiring State sanction, the Corporation is pursuing the SLTC process actively and has prepared contractor prequalification and procurement documents to avoid delay once sanction is granted; internal calculation and mobilisation plans estimate that the entire procurement and commencement process for that larger pond will require up to eight months."
32. It may be observed here that in the present case there is confusion as to the number of encroached ponds. In the reports at one place it is mentioned that out of 1075 ponds 231 ponds are under partial or complete encroachments and proceedings have been/are to be initiated for removal of the encroachments whereas at other place it has been mentioned that the number of ponds encroached 231 + 35 = 266. The District Magistrate, Ghaziabad has enclosed the list of the ponds in which status regarding encroachment removal proceedings has also been mentioned. However, it may be observed that the names, parentage and address of the persons who have made the encroachments have not been mentioned. In the O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 42 absence of requisite particulars this Tribunal is not able to implead the encroachers and give opportunity of being heard to them. Further, the details regarding nature of encroachment and area encroached upon, case number of proceedings initiated for eviction/ejectments of the encroachers, present stage, next date of hearing and orders passed on the same have also not been mentioned. No estimates have been given as to how much time the said proceedings are likely to take for conclusion thereof. Details regarding taking of the possession of the ponds on conclusion of the proceedings in accordance with eviction/ejectment orders already passed have also not been given.
33. The proceedings for removal of the encroachments need to be expedited keeping in view the ecological importance of the ponds and also expiry of long periods of time since the order for taking of requisite steps for removal of encroachments on the ponds were passed by Hon'ble Supreme Court and this Tribunal.
34. Further it may also be added here that ponds which are free from encroachments and the ponds from which encroachments are removed need to be rejuvenated and protected to prevent any further encroachment. For this purpose the catchment area of the ponds needs to be identified/demarcated/remediated/strengthened. Appropriate number of indigenous species of trees/shrubs/grasses need to be planted on the periphery to strengthen the catchment area and protect the ponds from encroachment.
35. This Tribunal had observed in order dated 29.04.2025 that the rejuvenation of ponds required participation by the Gram Panchayat and villagers, allocation and utilization of the funds under MGNREGA or other Government schemes for maintaining and protecting the ponds. However O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 43 there is no mention in the report filed regarding participation of the Gram Panchayat and villagers and allocation and utilization of the funds under MGNREGA or other Government schemes for maintaining and protecting the ponds.
36. The Gram Panchayats need to be entrusted the task of and are required to be made accountable for maintenance and protection of the ponds and also for prevention and removal of the encroachments by initiating appropriate proceedings in accordance with law.
37. This Tribunal had observed in order dated 29.04.2025 that the industries which have been granted permission for abstraction of ground water in District Ghaziabad can be allocated specified number of ponds for the purpose of rejuvenation and recharge of ground water.
38. Action Taken Report dated 04.10.2025 was filed by respondent no.4- U.P. State Ground Water Authority. In its reply respondent no.4-U.P. State Ground Water Authority has mentioned that respondent no.4-U.P. State Ground Water Authority has through the District Ground Water Management Council has developed a process of pond allocation for rejuvenation through industries which are abstracting ground water in the district wherein-
i. Ponds available for rejuvenation were identified and combined into clusters based on their location at gram panchayat level. ii. Meeting between nodal departments and industries was held to discuss the process of pond rejuvenation.
iii. Cluster of ponds were allotted to industries relative to their ground water abstraction quantity for a period of 05 years. iv. Model/standard agreements set by district council were signed between industries and respective Gram Pradhan. v. Pond rejuvenation work was carried out based on the model/standard agreement signed, which includes-
a) De-watering of ponds.
b) Cleaning/De-weeding of pond banks & bottom (De-siltation).
c) Formation of Bank/periphery.
O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 44
d) Fencing around ponds by RCC poles and wires.
e) Display boards by industries indicating adoption.
f) Plantation around bank/periphery.
g) Construction of filtration chambers to inhibit grey/black water into the ponds.
6. In its reply respondent no.4-U.P. State Ground Water Authority has mentioned that the District ground water management council, Ghaziabad has implemented the above process for rejuvenation of ponds in the district as per the directions of this Tribunal in the order dated 29.04.2025, and has been able to rejuvenate the following number of ponds in the district-
S. Tehsil Block No. of ponds No. of
No. rejuvenated ponds
via CSR under
progress to
be
rejuvenated
via CSR
1 MODINAGAR BHOJPUR 45 14
MURADNAGAR 56 15
2 SADAR RAJAPUR 63 00
3 LONI LONI 12 00
TOTAL 176 29
39. We consider it appropriate that all industries in District Ghaziabad, which have taken NoC/permission for abstraction of ground water, may be allocated ponds in District Ghaziabad for rejuvenation as per the process developed for ensuring recharge of ground water.
40. It is also pertinent to observe that from the reports placed on record it is evident that most of the ponds are dry or partially filled on account of lack of recharge or lack of flow of water into the ponds. The concerned authorities have to take appropriate steps to ensure flow of water into these ponds which shall include rain water harvesting systems, rain water collection systems, cleaning of the channels/drains that maintain flow of the pond and also desilting of the ponds and taking up periodic de-weeding of the ponds.
O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 45
41. In view of the above, following directions are issued for taking of remedial measures for conservation and protection of water bodies in District Ghaziabad:-
Directions to the District Magistrate, Ghaziabad
(i) The District Magistrate, Ghaziabad is directed to take requisite measures for identification and demarcation of water bodies as per revenue record with revenue number, measurements and boundaries and geotagging the same and assigning UID number to the same (if not already done);
(ii) The District Magistrate, Ghaziabad is directed to get the Action Plan prepared (if not already done) mentioning the role of each of the concerned Departments indicating the (a) names of the water bodies to be restored/rejuvenated, (b) the budgetary allocation for each water body, (c) the respective time-lines for removal of encroachments and (d) completion of the works undertaken for restoration/rejuvenation of the water bodies.
It shall be ensured that no untreated sewage flows into the water body;
(iii) The District Magistrate, Ghaziabad is directed to ensure that adequate funds are allocated for implementation of the Action Plan;
(iv) The District Magistrate, Ghaziabad is directed to issue appropriate instructions to all concerned officers/authorities to take all requisite steps to ensure flow of water into the ponds which shall include rain water harvesting systems, rain water collection systems, cleaning of the channels/drains that maintain flow of the pond and also desilting and periodical de-weeding of the ponds so that these ponds remain filled with water.
Directions to Regional Officer, UPPCB, Ghaziabad O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 46
(v) Regional Officer, UPPCB, Ghaziabad is directed to periodically monitor with respect to all relevant aspects of conservation and protection of ponds and upload the data in this regard on its website in sync with data uploaded on the website of the District Administration; Directions to District Ground Water Management Council, Ghaziabad
(vi) District Ground Water Management Council, Ghaziabad is directed to take appropriate remedial measures and file action taken report, through its Nodal Officer, with all requisite details including list of all industries in District Ghaziabad, which have taken NoC/permission for abstraction of ground water and copies of agreements entered into regarding allocation of ponds in District Ghaziabad to them for rejuvenation as per process developed for ensuring recharge of ground water; and Directions to the Divisional Forest Officer, Ghaziabad
(vii) The Divisional Forest Officer, Ghaziabad is directed to prepare an action plan for carrying out afforestation activities on the banks of the water bodies in consultation with the District Environment Committee and concerned Panchayat Raj Authorities and concerned Gram Panchayat for protection and strengthening of the catchment areas of the water bodies and also to take appropriate steps for maintenance/care of the plantation carried out.
42. Action Taken Reports by the District Magistrate, Ghaziabad, Regional Officer, UPPCB, Ghaziabad, Nodal Officer, District Ground Water Management Council, Ghaziabad and Divisional Forest Officer, Ghaziabad as directed above may be filed at least one week before the next date of hearing fixed.
43. List on 27.03.2026 for further hearing/orders. O.A. No. 958/2024 Himanshu Tyagi Vs. State of U.P & Ors. 47
44. A copy of this order may be sent to the District Magistrate, Ghaziabad, Regional Officer, UPPCB, Ghaziabad, Nodal Officer, District Ground Water Management Council, Ghaziabad and Divisional Forest Officer, Ghaziabad by e-mail for requisite compliance.
Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM Dr. Afroz Ahmad, EM December 11th 2025 AG