National Green Tribunal
Mr.Zafar Abbas vs State Of Uttar Pradesh on 27 September, 2022
Item No.3 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.704/2022
(I.A No. 231/2022)
Zafar Abbas Applicant
Versus
State of Uttar Pradesh & Anr. Respondents
Date of hearing: 27.09.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Ms. Tasneem Ahmadi, Advocate.
Application under Section 18 (1) read with Sections 14, 15 and 19 of
the National Green Tribunal Act, 2010.
ORDER
1. The present application has been filed under Section 18 (1) read with Sections 14, 15 and 19 of the National Green Tribunal Act, 2010 seeking demarcation of entire area of 40 bighas comprised in Khasra Nos. 15/1 situated in Village Nangla Tashi Qasampur Kankar Kheda Meerut, Uttar Pradesh and removal of encroachments and building material from the same.
2. The applicant has averred in the application that the applicant is the owner of above mentioned agricultural land. There has been no cultivation on the subject agricultural land, which has remained in its natural organic state for over more than 70 years. The same is full of old trees, shrubs, herbs and wild grass, rich in flora, fauna wildlife and biodiversity and is a natural habitat for birds, endangered species of reptiles, other small animals. Respondent no. 2 -Uttar Pradesh Shia Central Waqf Board is misusing its authority over the Waqf-ul-aulaad land and allowing unknown third parties to encroach on the same disturbing the ecology and the environment of the O. A. No. 704/2022 Zafar Abbas Vs. State of U.P. & Anr. -2- subject land. A builder is trying to occupy and convert a part of the said land into a residential colony and has commenced the work by digging out the wild grass and running JCB Machines to uproot trees and flatten the soil by levelling the land for constructing the roads. The builder is planning to bore tube wells for supply of water for construction purposes. The act of constructing a residential colony on agricultural land will have detrimental effect on the flora, fauna and biodiversity and will affect recharge of ground water and result in depletion of ground water thereby causing irreversible damage to the environment.
3. This Tribunal is empowered to suo moto take cognizance of the cases involving questions relating to environment arising out of the implementation of enactments specified in First Schedule of the National Green Tribunal Act, 2010 as held by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC 897. This Tribunal can also take cognizance of such cases on the basis of letter petitions in accordance with settled principles of law governing Public Interest Litigation.
4. Prima facie, the averments made in the application raise questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010.
5. In view of the averments made in the application, we consider it appropriate to seek response of the respondents to the same. In the peculiar facts and circumstances of the case, we consider presence of District Magistrate, Meerut also to be essential for just and proper adjudication of the questions involved in the case and, therefore, District Magistrate, Meerut is impleaded as respondent no. 3. The Registry is directed to amend the memo of parties accordingly.
O. A. No. 704/2022 Zafar Abbas Vs. State of U.P. & Anr. -3-
6. Notices alongwith copies of the application and documents attached therewith be issued to the respondents no. 1 to 3 requiring them to file their response/ reply to the averments made in the application within 10 days by e- mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
7. The applicant is directed to take requisite steps for service of notices on the respondents. The applicant may also take the notices Dasti and serve the same on the respondents and file affidavit in this regard within seven days.
8. List for further consideration on 11.10.2022.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM September 27, 2022 AG