National Green Tribunal
Danish Khan vs State Of Madhya Pradesh on 14 November, 2024
Item No. 6
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.180/2024(CZ)
Danish Khan Applicant (s)
Vs.
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 14.11.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant (s):
For Respondent(s) : Mr. Mehul Bhardwaj, Adv.
Ms. Parul Bhadoria, Adv.
ORDER
1. Issue raised in this application is tree cutting and illegal occupation and construction of Building on Khasra no.92/3, area 0.0540 hectare, Gram Koh-e-Fiza, Patwari, Halka NO. 81, Tehsil Huzur, District Bhopal , which falls in green belt area of upper lake and also falls within 50 meters buffer around full tank limit of Bhoj Wetland.
2. It is further contended that the private respondent has obtained the building permission certificate for constructing building over the said land from respondent under the pretext of breaking/altering the prior constructed building on the said land since 1973. However, no such prior constructed building was found on the said land when the satellite imagery of said land of year 2010 has been obtained by the applicant and also no such prior construction building is found on such land by Bhopal Municipal Corporation in year 2016 when the corporation was doing the work of beautification of VIP Road. It is further submitted that construction raised by the respondents are in 1 O. A. No.180/2024(CZ) Danish Khan vs. State of Madhya Pradesh & Ors violation of Master Plan, Bhopal Development Plan 2005, Bhopal Municipal Corporation Building Plan 2005.
3. The matter was taken up by this tribunal and a committee was constituted consisting one representative from the Collector, Town and Country Planning, State Wetland Authority and Member Secretary, MPPCB to visit the site and submit the factual and action taken report. In compliance thereof the members of the committee visited the site and submitted the report as follows :
"Joint committee conducted a site visit of khasra no. 92/3 situated in Village-Kohefiza, Tehsil-Huzur, District-Bhopal on dated 09/10/2024. During site visit, apart from the Joint Committee members following officials, Ms. Prakamya Tiwari, AE, RO, MPPCB, Bhopal, Shri Firoz Ali, Revenue Inspector, Ms. Meenu Goswami, Patwari, Halka 81, Village- Kohefiza, Tehsil - Huzur, District Bhopal were present during inspection. The Advocate of petitioner Shri Arpit Saxsena (Mob No.- 7777888844) was informed of the visit via phone call. The petitioner Danish Khan and the representative of the mentioned site Shri Touheed Qureshi were also present during the inspection. The Photographs and Google Maps are enclosed as Annexure- I. The Geographical locations, photographs and visual observations were recorded during inspection and the observations are as under: -
1. The petitioner Shri Danish Khan showed the site and the site is located at Village-Kohefiza, Tehsil-Huzur, District-Bhopal, Madhya Pradesh.
2. The geographical location of the site is latitude 23° 15' 35.09" N and longitude 77° 22' 56.75" E.
3. A road connecting the VIP road and Sultania Road is passing from thewest side of the site. The Upper lake is located on North side of the site.
4. The site is covered with a RCC boundary wall of approximately 5 feet height all around with a metal sheet entry gate opening towards the road.2
O. A. No.180/2024(CZ) Danish Khan vs. State of Madhya Pradesh & Ors
5. An under construction building structure with column and slab of two storied was found constructed at the site. The no construction activities were observed during inspection.
.6. No construction machinery and construction material was found stored within the site.
.7. The site is surrounded with plantation from three sides. A high tension line is passing across the site parallel to North- South direction and near the East side of the site.
8. The slope of the land is towards upper lake from said building.
9. No evidence of cutting of trees are observed during inspection.
10. Using the Google Earth Pro computer application, the minimum distance from the north face of the site mentioned in the petition to the nearest boundary of Upper lake is coming out to be approximately 65 Meters.
INFORMATION PROVIDED BY TOWN & COUNTRY PLANNING DISTRICT OFFICE BHOPAL:
1. In references to the petition, information was sought from the T&CP District office Bhopal vide letter no. 2397 dated 14/10/2024. T&CP vide letter no. 1766 dated 15/10/2024 has provided the information. The main points of the letter are mentioned as under:
- 1.1. The land in question is located on Khasra number 92/3, Village Koh- E-Fiza having total area of 0.054 hectares.
1.2. The land use of land in question as per currently effective Bhopal Development Plan 2005 is Road and Afforestation.
1.3. As per the office records, no development permission has been granted by T&CP District office Bhopal for the land in question.
1.4. Registry provided by the applicant, registered on 30/07/1999 mentions that a covered area of 400 square feet and open area of 3 O. A. No.180/2024(CZ) Danish Khan vs. State of Madhya Pradesh & Ors 1580 square feet has been constructed on the land in question since the year 1973.
1.5. The first Development Plan of Bhopal city (BDP 1991) was made effective on 14/11/1975.
1.6. Chapter 4, Clause 4.7 of the Bhopal Development Plan 2005, whichhas been effective since 09/06/1995, states: "Approval granted to layout plans, by the competent authority under either MP Nagar Tatha Gram Nivesh Adhiniyam, 1973 or recommended for diversion u/s 172 of MPLRC by Deputy Director, Town & Country Planning, Bhopal Division and if its validity still holds good on the day of publication of this Development Plan, shall be deemed to have been approved in conformity with the development plan proposal."
1.7. Shri Sanjay Jain, Father Late Shri Jinesh Kumar Jain, resident of E- 3/94, Arera Colony, Bhopal, was informed in reference to his application dated 17/05/2019 through office letter no. 2887/BPLLP/5582 dated 9/12/2019 that "Since the nature of the case involves demolition/alteration of an already constructed building, you can apply for building permission directly to Municipal Corporation Bhopal as per rules".
1.8. Under the provisions of the M.P. Nagar Palik Adhiniyam, 1956 and M.P. Bhumi Vikas Niyam, 2012 granting of building permission is under the jurisdiction of Municipal Corporation Bhopal.
WETLANDS (CONSERVATION & MANAGEMENT) RULES, 2017:
1. Bhoj Wetland (Upper and Lower lakes) is the wetland designated as Ramsar Site of MP since 2002. Bhoj Wetland being a Ramsar Site, Wetland Rules 2017 is applicable as per Wetlands Rule 3 (a).
2. According to section 4 (2) (vi( of the Wetland Rules 2017, any construction of permanent nature is prohibited within a distance of 50 meters from the FTL.4
O. A. No.180/2024(CZ) Danish Khan vs. State of Madhya Pradesh & Ors COMMENTS OF THE JOINT COMMITTEE:
1. Committee observed that the site is located away from the 50 meters of the restricted buffer area of Upper lake as Ramsar Site in which any structureof permanent nature is restricted.
2. The evidence of cutting of trees is not observed within the site.
3. The building permission is issued by Bhopal Municipal Corporation vide letter dated 08/07/2022.
4. Town, Country & Planning Department has not issued building permission. The land use of land in question as per Bhopal Development Plan 2005 is Road and Afforestation.
4. A perusal of the report reveals that the site is located away from the 50 meters of the restricted buffer zone of the upper lake and there was no report with regard to cutting of trees. Necessary permissions have been taken by the competent authority with regard to building permission. The registered deed provided to the members of the committee shows that it was registered on 30.07.1999 and covered area of the construction was shown as 400 sqft. and constructions were raised before 1973. Since, this tribunal is concerned only with the violation of environmental rules and perusal of report consisting one member from the Wetland Authority discloses that there are no violation of Wetland Rules, 2017 and the construction is not within the prohibited zone and away from the 50 meters of the restricted buffer zone, thus, in view of the report there are no violation of environmental rules. For other violations like building construction or permission from the competent authority the applicant may move to 5 O. A. No.180/2024(CZ) Danish Khan vs. State of Madhya Pradesh & Ors the appropriate authority for redressal of grievances. Since, no violation of environmental rules has been found. Thus, no action is required to be taken by this Tribunal.
5. Accordingly, the O.A. No. 180/2024(CZ) stands disposed of.
[[[[ Sheo Kumar Singh, JM
Dr. Afroz Ahmad, EM
14th November 2024
O. A. No.180/2024(CZ)
K
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O. A. No.180/2024(CZ) Danish Khan vs. State of Madhya Pradesh & Ors