WP(C)(PIL)/15/2014 on 28 June, 2017

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Tripura High Court

WP(C)(PIL)/15/2014 on 28 June, 2017

Bench: S. Talapatra

Noting by Officer or Serial    Date                          Office notes, reports, orders or
Advocate             No                                      Proceedings with signature

                                                                                WP(C) (PIL) 15 OF 2014

                                                                 BEFORE
                                                       THE HON'BLE THE CHIEF JUSTICE

THE HON'BLE MR. JUSTICE S. TALAPATRA 28.06.2017 In terms of the order dated 30.05.2017, Agartala Municipal Corporation has submitted their affidavit on 27.06.2017. In the said affidavit, the Municipal Corporation has asserted that from the report of the Tripura State Pollution Control Board, Annexure-Z to their affidavit filed on 30.11.2015, it has revealed that there are as many as 17 ponds which are under encroachment, viz.,

(i) Palace Compound Durgabari Dighi,

(ii) Laxminarayanbari Dighi,

(iii) Children Park,

(iv) Amiya Sagar Dighi,

(v) Santipara Pukur,

(vi) Madhyapara Pukur,

(vii) RCC Dighi,

(viii) Khosh Bagan Dighi,

(ix) Bodhjung Dighi,

(x) Sathalakhy Pukur,

(xi) Bikram Dighi,

(xii) Fire Service Tank,

(xiii) Chatra Sangha Tank,

(xiv) Joynagar Tank,

(xv) Muktar Pukur, (xvi) Dimsagar Lake No.1, (xvii) Dimsagar Lake No.2.

After inquiry, the Municipal Corporation has found encroachment in 15 ponds under the Central Zone, viz, (i) Palace Compound Durgabari Dighi, (ii) Laxminarayanbari Dighi, (iii) Children's Park Pukur,(iv) Amiya Sagar Dighi,

(v)Santipara Pukur, (vi) RCC Dighi, (vii) Khosh Bagan Dighi, (viii) Bodhjung Dighi, (ix) Bikaram Page 1 of 4 lodh Noting by Officer or Serial Date Office notes, reports, orders or Advocate No Proceedings with signature Dighi, (x) Fire Service Tank, (xi) Chatra Sangha Tank, (xii) Umakanta Tank, (xiii) IGM Tank, (xiv) Dimsagar Lake No.1, and (xiv) Dimsagar Lake No. 2.

According, to the Municipal Corporation, encroachment is of various nature. Certain encroachments are for constructing or extending the office buildings. In the affidavit, those ponds are also identified. In the meanwhile, three of the water bodies, namely, (i) Sathalakhy Pukur, (ii) Dimsagar Lake No.1 and (iii) Dimsagar Lake No.2 have been freed from the unauthorised occupation of private encroachers. In the North Zone, encroachments are found in Abhoynagar Veterinary Hospital pond, Abhoynagar Bazar Lake, Lake near Hindi School (A) and Lake near Hindi School (B). In Annexure-A to the affidavit filed by Agartala Municipal Corporation the water bodies under the Central Zone and their status have been shown, whereas in Annexure-B to the affidavit, the water bodies under the North Zone and their status have been shown. In some cases, the names of the encroachers are also given. In Annexure-C to the affidavit, the water bodies under the East Zone have been provided whereas in Annexure-D, the water bodies under the South Zone have been provided. It appears that the water bodies under the South Zone are free from encroachment.

The action as expected from the Agartala Municipal Corporation for freeing these water bodies from the encroachers should be irrespective of the identity of the encroachers.

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lodh Noting by Officer or Serial Date Office notes, reports, orders or Advocate No Proceedings with signature Mr. TD Majumdar, learned counsel for the Municipal Corporation has urged this Court to provide them time for taking effective action for freeing those water bodies from the unauthorised and illegal encroachment and restore their ecology and area.

For such action, the Agartala Municipal Corporation is given six months time. List the matter on 15.12.2017 when the Agartala Municipal Corporation shall file an action taken report in respect of the watery bodies mentioned in Annexure-A,B&C of the affidavit filed by them on 27.06.2017.

Mr. AK Bhowmik, learned senior counsel appearing for the Netaji Subhash Vidyaniketan (NSV) has submitted that some of the interveners in this litigation are the encroachers of the watery bodies owned by the NSV. Mr. Bhowmik, learned senior counsel has drawn our attention to the fact that for pendency of this litigation the Public Works Department has stopped their work for constructing a boundary wall on the land of the NSV.

The Public Works Department working in the NSV may continue the construction of the said boundary wall on the land owned by the NSV if the construction is authorised by the Agartala Municipal Corporation.

It is made clear that the Amicus Curiae has reported that at the instance of Netaji Subhash Vidyaniketan (NSV) a substantive part of the watery body has been diverted by way of illegal earth filling. The NSV is categorically restrained from carrying out such work any further.

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lodh Noting by Officer or Serial Date Office notes, reports, orders or Advocate No Proceedings with signature However, if the District Collector, West Tripura after following the process of diversion as provided under Section 20 of the Tripura Land Revenue and Land Reforms Act, 1960 permitted such diversion, the NSV may act in terms of the order of diversion. One officer from the Agartala Municipal Corporation shall visit the construction of the boundary wall and shall scrutinize whether the said construction is being carried out in terms of the law or not. Such visit shall be completed within seven days from the date of receipt of a copy of this order.

For this purpose, a copy of this order be furnished to Mr. TD Majumdar, learned counsel appearing for the Agartala Municipal Corporation.

If it is found that the necessary permission was not obtained by the NSV, then they may apply for such permission.

                                                 JUDGE                  CHIEF JUSTICE




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