National Green Tribunal
Vipin Nayyar vs Union Of India on 6 May, 2022
Item No.1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.305/2022
(I.A. No. 99/2022)
Vipin Nayyar Applicant
Versus
Union of India & Ors. Respondent
Date of hearing: 06.05.2022
Applicant: In Person
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
ORDER
1. The applicant has filed present Letter Petition under Section 14 read with Section 18 of the National Green Tribunal Act, 2010 seeking the following reliefs:
"(i) To pass necessary orders directing the concerned regulatory authorities/respondents to demolish and remove the said illegal construction of the Moga Resort in 1:25 years Flood Plain Zone of the Forest Land here in Rishikesh.
(ii) Pass necessary orders directing the Respondent No.8 to restore the environmental damage done to the 1:25 years Flood Plain Zone at the edge of the River Ganga by engaging in illegal construction of Moga Resort.
(iii) Impose severe penalty on the Respondent No.8 herein for the contempt of various orders passed by Hon'ble National Green Tribunal as well as Hon'ble High Court Nainital orders for damaging the environment by way of this illegal construction in the Prohibitory Zone, at 60 meters from the edge of the Holy River Ganga.
(iv) Pass any such orders which this Hon'ble Tribunal may deem fit in the facts and circumstances of the present application.1
2. It is stated that the District Administration and the Forest Department have under political duress and pressure declared respondent no. 8- Mr. Surender Monga, former State Minister a landholder with transferable rights of the Forest land in active Flood Plain Zone of River Ganga by order dated 08.01.2021 passed by Assistant Collector (First Class) Rishikesh. Respondent no. 8 has increased the given area of 130 sq ms to about 2000 sq ms by narrowing down the riverbed of the river Rambha and cutting down forest trees. Respondent No.8 has encroached upon the active 1:25 years Flood Plain Zone of River Ganga in blatant contravention of order dated 13.07.2017 passed by this Tribunal in O.A. 200 of 2014 titled as M.C. Mehta Vs. Union of India and Ors., and illegally constructed Moga Resort which is merely 60 meters away from the edge of the holy River of Ganga on forest land situated on the confluence of holy river Ganga and Rambha in the eco-sensitive and prohibitory zone of Archaeological excavation site in contravention of the Notification dated of 17.10.2016 of the Ministry of Water Resources, River Development and Ganga Rejuvenation, New Delhi; Section 12 (3) of the Uttarakhand Flood Plain Zone Act, 2012 and Sections 20A & 20B of the Ancient Monuments and Archaeological Sites and Remains Act 1958.
3. In support of his application, the applicant has also annexed copies of the replies dated 12.01.2022, 24.12.2021, 28.12.2021, 11.01.2022 and 12.01.2022 received by him under the Right to Information Act inter alia mentioning that Moga Resort is situated at distance of 48.50 meters from archaeological site and no permission/NOC was taken from Archaeological Survey of India (ASI); that no sewage system is present at the site of the Moga Resort and NOC was not taken before starting the construction and that some part of the 2 forest land falls under 1:25 years Flood Plain Zone. The applicant has also averred that on his application Joint Survey was conducted by the Executive Engineer, Irrigation Division, Tehsildar Rishikesh but the Officials of the Office of Assistant Collector, Rishikesh are not supplying copy of the same to the applicant.
4. Let notice be issued to Respondents requiring them to file replies within two months specifically responding to all material averments made in the application.
5. The applicant is directed to take requisite steps for service of notices on the respondents.
6. List this matter for further consideration on 29.07.2022 I.A. No. 99/2022
7. The prayer in this I.A is for appointment of a Committee comprising SEIAA, Uttarakhand, Chief Engineer Irrigation Division- Ist Dehradun, Member Secretary, Uttarakhand PCB, District Magistrate Dehradun and a Principal Scientist each from National Institute of Hydrology NIH Roorkee and Forest Research Institute Dehradun to submit a factual report with latitude and longitude with respect to the location of Moga Resort in forest land and in 1:25 years Flood Plain Zone of River Ganga in Rishikesh.
8. The applicant has stated that the District Administration and Forest Department have under political duress and for benefitting former State Minister declared him Land Holder with Transferable Rights in respect of forest land falling in 1:25 year Flood Plain Zone of river Ganga. Factual report regarding the location and position of Moga Resort with latitude and longitude is essential.
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9. We have heard the applicant and gone through the relevant record. In view of the nature of relief sought in the application and to be granted in view of the averments made therein, we consider issuance of notice of the application to the respondents to be unnecessary.
10. The applicant has claimed that the land underneath Moga Resort is forest land falling in 1:25 Flood Plain Zone of river Ganga whereas from the information supplied to the applicant under the Right to Information Act, 2005, it appears that the land is claimed to fall in Khasra No.95 which is stated not to fall in reserved/prohibited area/flood plain zone. Demarcation of the location and position of the Moga Resort with latitude and longitude is, therefore, essential for just and proper decision in the matter and to address the questions involved in the application. No harm will be caused to the respondents by appointment of the Committee for the said purpose.
11. Accordingly, we constitute Joint Committee comprising of representative of SEIAA, Uttarakhand, Chief Engineer Irrigation Division- Ist, Dehradun, Member Secretary, Uttarakhand PCB, District Magistrate Dehradun and a Principal Scientist (to be nominated by Director) each from National Institute of Hydrology (NIH), Roorkee and Forest Research Institute Dehradun, Uttarakhand and direct the same to demarcate the location and position of the Moga Resort with latitude and longitude with specific reference to the question as to whether Moga Resort is situated on reserved forest land, in 1:25 Flood Plain Zone and in the prohibitory Zone of archaeological excavation site and submit its report within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. 4 The State PCB will be the Nodal agency for coordination and compliance for this purpose.
I.A No. 99/2022 is disposed of accordingly.
A copy of this order, along with a copy of the complaint, be forwarded to the SEIAA, Uttarakhand, Chief Engineer Irrigation Division- Ist Dehradun, Member Secretary, Uttarakhand PCB, District Magistrate Dehradun and Directors, National Institute of Hydrology (NIH), Roorkee and Forest Research Institute Dehradun respectively by email for compliance.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM May 6, 2022 Original Application No. 305/2022 AG 5