National Green Tribunal
Nagaon Gavtale Bachao Sangharsha ... vs Dnyanganga Shikshan Prasarak Mandal ... on 23 July, 2024
Item No.4 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
Original Application No.147/2024(WZ)
Nagaon Gavtale Bachao Sangharsha Samiti Nagaon
.....Applicant
Versus
Dnyanganga Shikshan Prasarak Mandal Nagaon & Ors.
....Respondent(s)
Date of hearing: 23.07.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Sachin Chavan, Advocate
ORDER
1. The grievance of the applicant is about allotment of an ancient public lake situated at C.S. No. 838 admeasuring total area of around 6591.4 sq. mtrs. for construction of building of school and play ground by the Government Authorities. Applicant has submitted that the said water body is a wetland and is in public use since the ancient period of Chhatrapati Shivaji Maharaj i.e. from 1600 B.C. The said lake is recorded with the name 'Village Lake' in the revenue records of the Department of Revenue of the State. In the year 1978, during the city survey of village Nagaon, Hatkangale, the then number 34 of the said land in the revenue records has been changed to the city survey record no.838. The type of lien land has been classified as 'E' type. As per the City Survey Manual, 'E' type of land is reserved only for public works.
2. The Chairman of the respondent No.1, on 02/09/1995, applied for allotment of land at C.S. No.838 which is a village lake i.e. wetland for the Page 1 of 3 purpose of building of school and playground. The respondent No.3 on receiving of proposal from the respondent No.1, without conducting any public hearing or receiving any objections from the public at large, directed the Tehsildar, Hatkanangale to carry out survey of the proposed land so as to change the category of the land from Public to Government. The Collector, Kolhapur on 04/02/2004 issued a Notification in that behalf, wherein it is proposed to abolish the public rights on the aforesaid land and called for the objections from the public at large. Thereafter, the respondent No.3 issued an order under Section 22 of Maharashtra Land Revenue Code, 1966 (MLRC) extinguishing the rights of the public from the aforesaid lake. The Commissioner, Pune Division, Pune on 24.09.2004 recommended the proposal to the Principal Secretary of the Revenue and Forest Department for allotment of land to the respondent No.1. It is submitted that the Respondents have not only violated the provisions of environmental enactments but also the provisions of the MLRC and the Wetland (Protection and Conservation) Rules, 2017, by allotting the said land.
3. We do not find any documentary evidence that the said water body is identified as wetland in any of the Government documents. The Applicant has not produced any map/sketch/image of the said water body as to how it has changed its nature. As per the submission of the Applicant, the said land was allotted to the respondent No.1 long back in the year 2004. There is no averment made in the application to justify limitation period which is at the most 5 years.
4. Determination of right, title and interest to the property in question, lease or allotment or its cancellation is within the domain of Revenue Court. If the applicant is aggrieved by an order of any of the Revenue Forum/Court, he may approach to further appropriate Forum. Page 2 of 3
5. In view of above, we do not find any substance in the present application. The application is devoid of any merit, which is liable to be dismissed and is accordingly dismissed.
6. No order as to costs.
7. Sheo Kumar Singh, JM Dr. Vijay Kulkarni, EM July 23, 2024 Original Application No.147/2024(WZ) P.Kr & NPJ Page 3 of 3