National Green Tribunal
Puran Singh Chouhan vs State Of Uttar Pradesh on 15 October, 2025
Item No.13 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 994/2024
1.Puran Singh Chouhan
Secretary,
Gayatri Manhar Green Colony,
Shastripuram, Sikandra, Agra. Applicant
Versus
1. State of Uttar Pradesh
Through Principal Secretary,
Environment, Forest and Climate Change,
Government of Uttar Pradesh.
Office of the Principal Chief Conservator of Forests,
17, Rana Pratap Marg, Lucknow- 226001, Uttar Pradesh,
Email- [email protected]/[email protected]
2. SEIAA, Uttar Pradesh
Through its Member Secretary,
Vineet Khand-1, Gomti Nagar, Lucknow- 226010.
E-mail: [email protected]/[email protected]
3. District Magistrate, Agra
District Magistrate, Collectorate Agra- 282010
E-mail: [email protected]
4. Uttar Pradesh Pollution Control Board
Through its Member Secretary,
Building No. TC-12, Vibhuti Khand, Gomti Nagar,
Lucknow, Uttar Pradesh 226010.
E-mail: [email protected]
5. Agra Development Authority
Through its Vice-Chairman,
Ratan Muni Road, Jaipur House Colony,
Agra, Uttar Pradesh, 282010.
Email: [email protected]/[email protected]
Respondents
Counsel for the Applicant:
Mr. Sai Darshan Patra, Advocate for the Applicant. Applicant- Puran Singh Chouhan Counsel for the Respondents:
Mr. Bhanwar Pal Singh Jadon, Ms. Gargi Chaturvedi and Ms. Anjali Sharma, Advocates for respondents no. 1 and 3. Ms. Priyanka Swami, Advocate for respondent no.2. Mr. Aditya Vaibhav Singh, Advocate for respondent no.4 Mr. Somesh Tiwari, Advocate for respondent no.5. O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.2
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER _____________________________________________________________________________ Judgment Reserved on:- 09.09.2025 Judgment pronounced on:- 15.10.2025 ________________________________________________________________________ Judgment PRONOUNCED BY: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JM
1. Mr. Puran Singh Chouhan, Secretary, Gayatri Manhar Green Colony, Shastripuram, Sikandra, Agra has sent a Letter Petition dated 05.12.2023 to this Tribunal which was treated and registered as O.A. No. 994 of 2024 for exercise of suo-motu jurisdiction.
2. The applicant raised the grievance that park outside the gate of Gayatri Manhar Green Colony was being damaged and encroached by land mafia. The relevant part of the letter petition enumerating grievances of the applicant reads as under:-
"उपरोक्त विषयक सादर अिगत कराना है कक शास्त्रीपुरम, ससकंदरा, आगरा में गायत्री पब्लिक स्कूि के सनकट ब्स्ित "मनहर ग्रीन" कॉिोनी के गेट के बाहर, 13 िषष पूिष सनसमषत ग्रीनरी/ पाकष को, रातों-रात तहस-नहस एिं ध्िस्त कर पयाषिरण को क्षसत पहुंचाई गई है ि 13 िषष पुरानी पाकष की िगभग 2 फीट ऊंची पक्की बाउं ड्री भी तोड़ दी गई है तिा अिैध कलजा करने के दृविगत भू माकफयों द्वारा ईटें डािकर सनमाषण करने का प्रयास ककया गया ब्जसकी सूचना प्रशाससनक असधकाररयों को पत्र कदनांक 20 निंबर 2023 द्वारा दी जा चुकी है ।
पुनः कदनांक 5 कदसंबर 2023 को लिैकसिस्टे ड भू माकफया श्री हररओम कदब्क्षत पुत्र श्री ओमकार दीब्क्षत सनिासी आगरा के भाई श्री विष्णु दीब्क्षत पुत्र श्री ओमकार दीब्क्षत सनिासी गायत्री पब्लिक स्कूि के पीछे , शास्त्रीपुरम,ससकंदरा आगरा द्वारा उक्त ग्रीनरी / पाकष पर सनमाषण करने का प्रयास ककया गया। O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.3
ज्ञातव्य रहे के उक्त भूमाकफया श्री हररओम दीब्क्षत ही "मनहर ग्रीन" कॉिोनी के कॉिोनाइजर/ डे ििपर हैं और इन्होंने ही गेट के दोनों तरफ 13 िषष पूिष ग्रीनरी / पाकष कदखाकर उक्त कॉिोनी के मकान विक्रय ककए गए हैं औरतदसमय ही इन्होंने उक्त ग्रीनरी स्ििों पर कॉिोनी का ट्ांसफामषर एिं सेब्टटक टैं क का सनमाषण भी करिाया गया है । यकद भू माकफयओं द्वारा ग्रीनरी / पाकष पर अिैध सनमाषण कर सिया जाता है तो अिैध, अराजक एिं अनैसतक गसतविसधयां होने की संभािना है ब्जसका प्रभाि कॉिोनी के पररिार एिं बच्चों पर पड़े गा।
अतः आपसे सनिेदन है कक कॉिोनी के गेट पर 13 िषष पूिष सनसमषत ग्रीनरी / पाकष को तहस-नहस एिं तोड़कर पयाषिरणीय क्षसत हुई है एिं उक्त भू माकफयाओं द्वारा एनजीटी असधसनयम में उब्लिब्खत सनयमों का उलिंघन ककया गया है अतः उक्त भूमाकफयाओं के विरुद्ध दं डात्मक कायषिाही करते हुए क्षसतग्रस्त ग्रीनरी की बहािी एिं पुनसनषमाषण करिाने के आदे श जारी करने का कि करें ।
संिग्नक- ब्जयो टै ग फोटोग्राफ एिं पत्र कदनांक 20 निंबर 2023 की छाया प्रसत ।"
3. English translation by the Registry of this Tribunal of the relevant part of the letter petition reads as under:-
"Regarding the above, it is submitted that the greenery/park built 13 years ago, outside the gate of "Manhar Green" colony situated near Gayatri Public School in Shastripuram, Sikandra, Agra, has been destroyed and demolished overnight, causing damage to the environment and the approximately 2 feet high concrete boundary of the 13 year old park has also been broken and with a view to illegal occupation, an attempt was made by the land mafia to construct a structure by laying bricks, information of which has been given to the administrative authorities vide letter dated 20th November 2023. On 5th December 2023, an attempt was made again to construct on the said greenery/park by the blacklisted land mafia Shri Hariom Dixit S/o Shri Omkar Dixit, resident of Agra and his brother Shri Vishnu Dixit S/o Shri Omkar Dixit, resident behind Gayatri Public School, Shastripuram, Sikandra, Agra. It is worth noting that the said land mafia Shri Hariom Dixit is the colonizer/developer of "Manhar Green" colony and it is he who sold the houses of the said colony 13 years ago by showing greenery/park on both sides of the gate and at the same time he also got the transformer and septic tank of the colony constructed on the said greenery sites.
If illegal construction is done on the greenery/park by the land mafias, then there is a possibility of illegal, chaotic and immoral activities which will have an impact on the families and children of the colony.
O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.4
Therefore, you are requested that by destroying and demolishing the greenery/park constructed 13 years ago at the gate of the colony, environmental damage has been caused and the rules mentioned in the NGT Act have been violated by the said land mafias, hence, please take punitive action against the said land mafias and issue orders for restoration and reconstruction of the damaged greenery.
Enclosure- Geo-tagged photograph and photocopy of letter dated 20th November 2023."
4. Vide order dated 22.10.2024, this Tribunal constituted a Joint Committee comprising of the District Magistrate, Agra and UPPCB with direction to visit the site, collect relevant information and submit a factual report within one month.
5. Joint Committee report dated 13.11.2024 (Pages no. 6 to 37 of the paper book) was filed by the District Magistrate, Agra, Uttar Pradesh. The relevant part of the report is reproduced as under:
"Joint Committee Report DT. 13.11.2024 X X X X
5. That the Joint Committee inspected the complaint site on 13.11.2024. That at the time of inspection, the Applicant and other residents of the society namely Dr. Sanjay Shalya, R/o H-20, Gayatri Manhar Green Housing Society and Shri Devendra Chahar, R/o H.No-22, Gayatri Manhar Green Housing Society were present as representatives of Gayatri Manhar Green Housing Society. That Shri Vishnu Dixit, Brother of Shri Hari Om Dixit (Builder) R/o H.No-18. Gayetri City, Shastripuram, Agra was also present at the time of inspection. That during the inspection, Shri Devendra Chahar informed the Joint committee that the said society was established in the year 2010 having total no. of 63 plots. That at present 50 families are residing in the said society and 13 plots are vacant. That Dr. Sanjay Shalya informed to the committee that the boundary of the park outside the main gate of the said society and green belt has been damaged. That subsequently, å septic tank has been constructed in the park which is causing severe damaged to environment.
6. That Shri Vishnu Dixit informed that the land situated on both sides outside the main gate of the said society belongs to Gayatri City and does not form part of the said society. He further stated that no park had been developed on the land in question. It was informed that the main septic tank serving the domestic sewage requirements of the colony has been constructed on the left-hand side, outside the main gate of the society, and is connected to the sewer line, which ultimately discharges into the terminal STP. Shri Dixit also claimed that a transformer was previously installed to O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.
5facilitate electricity supply to the colony and that no encroachment has occurred on the society's land. However, Shri Vishnu Dixit failed to produce any evidentiary proof, such as land ownership documents, to substantiate his assertions.
7. That at the time of inspection, it was directed to the Applicant and the builder to provide the map of the colony approved by the Agra Development Authority and subsequently it was also directed to provide earlier photographs showing green belt outside the gate of the said colony.
8. That a letter dt. 13.11.2024 was sent to Shri Vishnu Dixit to provide the copy of the approved map and other relevant documents in the office of the UPPCB by 16.11.2024 so that the Hon'ble Tribunal be informed with the factual report. That a copy of the abovementioned letter was sent to the applicant to provide before and after photographs of the green belt. A Copy of the letter dt. 13.11.2024 has been attached herein as Annexure A/4.
9. That, another letter dt. 13.11.2024 was sent to the Vice- Chairman of the Agra Development Authority. That vide the said letter it was requested to the Agra Development Authority to provide a copy of the approved map of M/s Gayatri Manhar Green Colony, Shastripuram, Agra.
A copy of the letter dt. 13.11.2024 has been attached herein as Annexure A/5.
10. That on 14.11.2024, a letter was received from the Applicant. That in the said letter it was mentioned that that the house plots of the colony were sold in the year 2010. That in the said letter it was mentioned that at the said enterprise site, blacklisted land mafia the developer of this colony Shri. Hariom Dixit and his brother Shri Vishnu Dixit etc. on the night of 19.11.2023, 20.11.2023 and 05.12.2023 visited the said site for the purpose of illegal construction. The above mentioned individuals have violated the rules of the Hon'ble Tribunal by destroying the greenery and damaging the environment. That the land mafia has undergone illegal activities, thus the said land mafia are guilty of committing null and void unlawful obstruction. That the said letter also mentioned that the developer of this colony, Shri Hariom Dixit has not carried out the internal development work, STP, RWHS, Dalabh Ghar work approved by the Agra Development Authority, that a complaint regarding the same has also been made to the Vice President, Agra Development Authority. That for 13 years, the sewage of the incomplete STP remained spread around the main Gate, the residents of the colony suffered from foul smell and it kept damaging the environment by spreading pollution for 13 years. That the Applicant had also sent letters dt. 05.12.2024 to the Commissioner of Police, Agra and letter dt. 19.12.2024 to the Vice-President of the Agra Development Authority to take effective legal action against Mr. Hariom Dixit. That the photographs attached by the Applicant are irrelevant and non- considerable. There is no proof of encroachment of any kind with respect of the transformer or any damage caused to the greenery. A Copy of the letter dt. 14.11.2024, 05.12.2024, 19.12.2024, layout, handmade map and photographs have been attached herein as Annexure A/6.
11. That it is to be noted Shri Vishnu Dixit has also provided the copy of the layout plan approved by Agra development Authority. O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.
6A Copy of the layout plan has been attached herein as Annexure A/7.
12. That a letter dt. 05.12.2024 was sent by the Agra Development Authority to Dr. Vishwanath Sharma (Regional Officer, Agra) stating that the layout plan of the said society was approved by Agra Development Authority on 04.08.2010. A Copy of the letter dt.05.12.2024 has been attached herein as Annexure A/8.
13. That at the time of inspection, the Joint Committee observed that the boundary wall located on the left side outside the gate of the colony was demolished. That as per the approved layout plan of the colony, it was observed that the land outside the main gate of the colony is not the part of colony and reflected in "others property" as highlighted in the said approved map. Furthermore, no evidence of encroachment was detected in the area outside the colony's gate. It was also noted that an underground septic tank, previously constructed for the disposal of domestic sewage generated by the colony, has now been connected to the sewer line for the efficient disposal of domestic sewage. That the transformer was established way back during the earlier times. Additionally, no significant damage to large trees was observed during the inspection.
Copies of the photographs taken during inspection are annexed herein as Annexure A/9."
6. This Tribunal observed that the report was not signed by any representative of the UPPCB and the same could not be treated as report of the Joint Committee and that observations made in Para-13 of the report were self-contradictory and materially deficient.
7. Accordingly, the Joint Committee was directed to file complete report with all relevant facts and copies of all relevant documents within one month and the District Magistrate, Agra was directed to file further Action Taken Report within one month with all requisite details after revisiting all the environmental issues involved.
8. In compliance thereof, further report dated 19.02.2025 (Pages no.38 to 74 of the paper book) was filed by the District Magistrate, Agra along with copy of the Joint Committee report dated 18.02.2025.
9. The relevant part of the Joint Committee report dated 18.02.2025 reads as under:-
O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.7
"Joint Committee report in the matter of O.A. No. 994 of 2024- Puran Singh Chauhan v/s State of Uttar Pradesh.
X X X X In compliance of the above order the Joint Committee visited the said site on dated 27.01.2025. During the inspection Additional District Magistrate (Namami Gange) Regional Officer, UP Pollution Control Board, Agra, Lekhpal of Mauza Mohammadpur, Tehsil-Sadar, Agra, representatives of the colony Dr. Sanjay Shalya, resident of H. No-20, Gayatri Manhar Green (Mobile No.- 993548113), Shri Shyam Sunder, Shri Dharamveer Kaushik, Secretary, Gayatri Manihar Green Society were present. Shri Vishnu Dixit, Brother of Shri Hariom dixit (Builder), H.No-18, Gayatri City, Shastripuram, Agra was also present. During the inspection it was informed by the representatives of the colony that outside the South gate of the colony Septic tank was constructed for the disposal of domestic sewage on right side and transformer on the left side in the year 2010 by the builder Shri Hariom Dixit.
At the time of inspection Dr. Sanjay Shalya, Shri Shyam Sunder, Shri Devendra Chahar and Shri Dharamveer Kaushik, Secretary, Gayatri Manhar Green Society, submitted the joint statement in which it is stated that on the left hand side of the gate of Gayatri Manhar Green Society, 02 Feet Height boundary wall was damaged by Shri Vishnu Dixit, Brother of Shri Hariom dixit (Builder), H.No-18, Gayatri City. Shastripuram, Agra in Dec, 2023 with the intension of possession on said plot. The greenery was also destroyed by him. The park was developed on both side of the gate by the builder of Gayatri Manhar Green Colony and demanded to develop greenery on both sides of the gate of Gayatri Manhar Green Housing Society as maintained before (Annexure-2) At the time of joint inspection Shri Vishnu Dixit, Brother of Shri Hariom Dixit (Builder), H.No-18, Gayatri City, Shastripuram, Agra also submitted the statement in which it is stated that main gate of Gayatri Manhar Green Housing Society is not towards Gayatri Public School and it is towards the North Side as mentioned in the layout approved by Agra Development Authority in the year, 2010. He also stated that no park was there at any time on the land in dispute. Our temporary room in the right-hand side was destroyed by residents of Gayatri Manhar Green Colony. (Annexure-3) Tehsildar, Sadar, Agra has submitted his report on 31.01.2025, in which it is stated that on 27.01.2025 the site inspection of Gayatri Manhar Green Colony at village-Mohammadpur, Tehsil Sadar, Agra was done by Joint Committee and asked for the details of disputed land. The report is as below:- • As per the Khatauni document Gayatri Manhar Green Colony was developed at Khasra No-151A and 151B, village- Mohammadpur, Tehsil Sadar, Agra Khasra no-151, which is registered in the name of Girraj Sahakari Awas Samit Ltd. O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.8
• On matching at the site, the said disputed land is part of Khasra No-152 of village-Mohammadpur. Khasra No152/1 is registered in the name of Development Authority, Agra, Girraj Sahakari Awas Samiti Ltd. and Navrang Sahakari Awas Samiti Ltd., Agra and Khara No-152/2 is registered in the name of Madhusudan Awan Sahakari Samiti Ltd., Agra • On the right-hand side of Gayatri Manhar Green Colony, land is lying vacant, where Septic Tank for the colony in constructed. A transformer has been placed at left-hand side of the gate and rest of the land is vacant and approx. 1.5 Feet height curve shine was partially damaged, where some castor plants found(Annexure-4) Present President of Madhusudan Awas Sahakari Samiti Ltd., Agra submitted the affidavit on dt. 21.01.2025 in which he has mentioned that Girraj Sahakari Awas Samiti Ltd and Teerth Awas Sahakari Samiti Ltd together developed the society named Manhar Green Housing Society and get map approved from Agra Development Authority. The neighborhood land in is in the name of M/s Madhusudan Awas Sahakari Samiti Ltd and we were informed by both the societies that we will develop your colony too. That is why the transformer and sewer tank were constructed in this land. According to the layout the gate of Manhar Green Society is not here. The complaint of the complainant is baseless and we have not interfered in their colony. At present the Deed of the disputed plots has been done by M/s Madhuvadan Awas Sahakari Samiti Ltd. in the name of Shri Rajesh Singh. (Annexure-5).
Regional Officer, U.P. Pollution Control Board vide letter dt. 27.01.2025 requested Town Planner, Agra Development Authority to provide information about the land use of Gata No151 & 152 of Mauza-Mohammadpur, Agra as per the Master Plan. (Annexure-6) Town Planner, Agra Development Authority vide letter dt. 28.01.2025 informed that the land use of Gata No-151 & 152 of Mauza-Mohammadpur, Tehsil-Sadar, Agra is residential (Low Density), (Annexure-7) Again, Regional Officer, U.P. Pollution Control Board vide letter dt. 13.02.2025 requested Town Planner, Agra Development Authority to provide information about the main entrance of the Gayatri Manhar Green Colony as per the layout approved by Ages Development Authority. (Annexure-8) Town Planner, Agra Development Authority vide letter dt. 13.02.2025 informed that as per the Road Network Plan Zone-3 in front of the site, a 12.00 M vide road is specified in front of the land of the questioned Khasra no-151. (Annexure-9) It was observed that there were two gates of the colony, one on North side which remains close, having approx. 10ft. road in front of gate which ultimately meets at the distance of approx. 550Mt with the main road called 100ft. Lakhanpur road and one on south side which is usually used by the residents of Gayatri Manhar Green Society, having approx. 30ft. road in front of gate O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.9
which also ultimately meets at the distance of approx. 200Mt with the main road called 100ft. Lakhanpur road.
Shri Dharamvir Kaushik, Sachiv, Gayatri Manhar Green Society submitted an affidavit dt. 06.02.2025, in which it is stated that in the registry papers of house no-20 on page no. 05 it is mentioned that the land of house no. 20 is 100Mt. away from the main road. (Annexure-10) X X X X Observations;
As per the Tehsildar, Sadar, Agra report dt. 31.01.2025 the septic tank was constructed in Khasra no-152 on the right side outside the South gate of colony, Mauza-Mohammadpur & transformer was also established in Khasra no-152 on the left side outside the South gate of colony, Mauza-Mohammadpur. On the left side outside the South gate of colony some castor plants were found. Present president of M/s Madhusudan Awas Sahakari Samiti Ltd. informed through affidavit that both the societies (Giraj Sahakari Awaz Samiti Ltd and Teerth Awas Sahakari Samiti Ltd.) informed that they will develop your colony too. That is why the transformer and sewer tank were constructed in the land (Khasra no-152) Mauza-Mohammadpur.
The septic tank was constructed on the right side outside the South gate of colony, so no plantation can be done above the septic tank. On the left side outside the South gate of colony some castor plants were found. Presently septic tank which caters the domestic sewage of the Gayatri Manhar Green Housing Society has been connected with the sewered network which ultimately meets with 36 MLD terminal STP located at Sadarvan Bichpuri, Agra."
10. The relevant part of the further report dated 19.02.2025 filed by the District Magistrate, Agra reads as under:-
"5. That in compliance of the aforementioned order, the Joint Committee comprising of the Additional District Magistrate (Namami Gange), Regional Officer, U.P Pollution Control Board, Agra, Lekhpal of Mauza-Mohammadpur, Tehsil-Sadar, Agra inspected the site in question on 27.01.2025 upon the directions of the Deponent.
A copy of the inspection report dt. 27.01.2025 is attached herewith as ANNEXURE A-1.
6. That during the said inspection, the residents of Gayatri Manhar Green Colony, namely Dr. Sanjay Shalya, R/o House No. 20, Gayatri Manhar Green; Shri Harendra Rana, R/o House No. 28, Gayatri Manhar Green; along with Shri Shyam Sunder and Shri Dharamveer Kaushik9 Secretary of Gayatri Manhar Green Society, were present. Furthermore, it is pertinent to mention that Shri Vishnu Dixit) the brother of Shri Hariom Dixit the builder of the colony, was also present during the said inspection. O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.10
That during the inspection the residents of the colony informed as under:
• That the 2ft boundary wall on the left side of the southern gate of the colony was damaged by Shri Vishnu Dixit, the brother of Shri Hariom Dixit, the builder of the said colony. • That the builder was responsible for developing parks on both sides of the colony.
• That outside the Southern gate of the colony Septic tank was constructed for the disposal of domestic sewage on right side and transformer on the left side in the year 2010 by the builder Shri Hariom Dixit.
7. That the observations of the Joint Committee during the said inspection are as follows:
i) That there are two gates in the said colony-one side and the other at the southern side.
ii) That with respect to the northern gate.
• A 10-feet-wide road was found in front of the gate, which ultimately connects to the main road, namely the 100-foot wide Lakhanpur Road at the distance of approx. 550 Meter. • That as per the approved map by the Agra Development Authority in the year 2010, the northern side gate of the colony was designated as the main entrance of the colony. However, during the inspection, it was found to be closed.
A copy of the approved Map provided by Agra Development Authority has been annexed herewith as ANNEXURE A-2.
iii) That with respect to the southern gate, • A 30-feet-wide road is constructed in front of the gate, which merges with the 100-feet-wide Lakhanpur Road at the distance of approx. 200 Meter.
• That no park was found developed outside the southern gate of the colony.
• That a septic tank was found to be constructed on the right side of the southern gate, while the remaining right-side area was found to be vacant.
• That a transformer was found to be installed on the left side of the southern gate, and some castor plants were also observed in the same area.
• That a 1.5 ft. curve stone at the left side of the gate was found to be demolished by unknown individuals.
iv) That two parks of the colony were found within the colony premises rather than outside.
8. That furthermore, a report dated 31.01.2025 was submitted by the Tehsildar, Sadar, Agra, to the Additional District Magistrate (Namami Gange), Agra. The said report was accompanied by revenue records pertaining to the site in question. That as per the revenue records i.e. the Khatauni Document:
O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.11
• Gayatri Manhar Green Colony has been developed on Khasra No. 151, covering a total area of 1 .2640 hectares. • Khasra No. 151 is registered in the name of Girraj Sahakari Awas Samiti Ltd.
• Khasra No. 152 was subdivided into Khasra No. 152/1 and Khasra No. 152/2, as per the revenue records. That Khasra No. 152/1 is registered in the names of:
(i) Agra Development Authority
(ii) Girraj Sahakari Awas Samiti Ltd.
(iii) Navrang Sahakari Awas Samiti Ltd.
That Khasra No. 152/2, as per the revenue records, is registered in the name of Madhusudan Awas Sahakari Samiti Ltd. A copy of the report dt. 31.01.2025 is attached herewith as ANNEXURE A-3.
9. That with respect to the aforementioned observations of the Joint Committee during the inspection dated 27.01.2025, the Uttar Pradesh Pollution Control Board, Agra has written a letter dated 27.01.2025 to the Town Planner, Agra Development Authority, Agra regarding land use of Khasra No. 151 and Khasra No. 152 1ocated at Mauja- Mohammadpur, Agra.
A Copy of the letter dt. 27.01.2025 is attached herewith as ANNEXURE A-4.
10. That in response of the aforementioned letter, the Town Planner, Agra Development Authority, Agra vide letter dt. 28.01.2025 to the Uttar Pradesh Pollution Control Board, Agra stated that as per the Agra Master Plan-2021, the land use of Khara No. 152 is affected by the 30-meter-wide road network under Road Network Plan Zone-
3. The remaining portion of Khasra No.'s 152 and 151 fall under the Residential Zone (Low-Density). A Copy of the letter dt. 28.01.2025 is attached herewith as ANNEXURE A-5.
11. That another letter dt. 13.02.2025 was written by the Uttar Pradesh Pollution Control Board, Agra to the Town Planner, Agra Development Authority, Agra. That vide the said letter, it was requested to the Agra Development Authority to clearly mark the main entrance in the approved layout plan of the colony and provide the necessary information.
12.That in response of the aforementioned letter dt. 13.02.2025, the Agra Development Authority, Agra has written a letter on the WDC day. That the said letter states that as per the records available in the file of Agra Development Authority, the land in front of the entrance gate of the colony is designated as a 12-meter-wide road as per the Road Network Plan Zone-3.
13.That it is pertinent to mention that the President of Madhusudan Awas Sahakari Samiti Ltd., has submitted an affidavit dated 21.01.2025 to the Uttar Pradesh Pollution Control Board.
That the said affidavit states as follows:
• Girraj Sahakari Awas Samiti Ltd. and Teerth Awas Samiti Ltd. jointly developed the society named the Gayatri Manhar Green O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.12
Society and obtained the requisite map approval from the Agra Development Authority .
• The land adjacent to Gayatri Manhar Green Society i.e. Khasra No. 152/2 belongs to Madhusudan Awas Sahakari Samiti Ltd.
• Both the societies, i.e., Girraj Sahakari Awas Samiti Ltd. and Teerth Awas Samiti Ltd, had informed Madhusudan Awas Sahakari Samiti Ltd. that they will undertake the development of their colony. Consequently, the transformer and septic tank were installed on Khasra No. 152.
• The said affidavit further states that disputed land on the left side of Southern gale has already been transferred by Madhusudan Awas Sahakari Samiti Ltd. to Rajesh Singh through a legally executed sale deed.
14. That as per the aforementioned observations during the inspection dt. 27.01.2025 and the information received by the Joint Committee. Joint Committee concludes as under:
• It has been established that there is no developed park outside the southern gate of Gayatri Manhar Green Colony, as alleged by the applicant. Instead, two parks were identified within the premises of the colony. • The committee observed the presence of a septic tank and a transformer installed in Khasra No. 152, adjacent to the colony's southern gate. The affidavit submitted by the President of Madhusudan Awas Sahakari Samiti Ltd. confirms that these installations were done by Girraj Sahakari Awas Samiti Ltd. and Teerth Awas SamitiLtd. • The Khasra No. 152 is affected by a 30-meter-wide road network under the Road Network Plan Zone-3, and the remaining portion of Khasra No. 152 and Khasra No. 151 falls under the Low-Density Residential Zone as per Agra Development Authority.
• The findings indicate that the applicant's allegations regarding the illegal encroachment of a park and environmental damage due to unauthorized construction are not entirely substantiated, as no designated park was found at the location outside the colony's southern gate."
11. This Tribunal considered the report on 17.07.2025 and observed the deficiencies therein and in view of the facts and circumstances of the case this Tribunal impleaded (1) State of Uttar Pradesh through Principal Secretary, Environment, Forest and Climate Change Department, Government of Uttar Pradesh, (2) SEIAA, Uttar Pradesh through its Member Secretary, (3) District Magistrate, Agra, (4) Uttar Pradesh Pollution Control Board through its Member Secretary and (5) Agra Development authority through its Vice-Chairman as respondents no. 1 to 5, ordered O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.13
personal appearance of the District Magistrate, Agra and Vice-Chairman, Agra Development Authority and ordered maintenance of status quo with respect to the land comprised in Khasra No. 152 with direction that no third-party rights be created in respect to the same by any of the parties till further orders to the contrary.
12. On notice affidavit dated 04.09.2025 (pages no. 75 to 86 of the paper book) has been filed by respondent no.5- Vice Chairman (VC), Agra Development Authority (ADA). The relevant part of the affidavit filed by VC, ADA reads as under:-
"4. That Smt. Sunita Paliwal, wife of Shri Niranjan Paliwal, Secretary of Shri Teerth Sahkari Awas Samiti Ltd., was granted approval of a layout plan by ADA on 04.08.2010 for a total area admeasuring 10,469.12 sq. meters situated in Khasra No. 151, Village Mohammadpur, Agra. The said layout plan was sanctioned by providing an approach after proposed widening of the existing chak road to 12 meters on the north side of Khasra No. 151.
5. That during inspection, it was observed that a pathway has been carved out on the southern side of the colony in Khasra No. 152, which does not form part of the approved layout plan.
6. That on both sides of the aforesaid unauthorized path in Khasra No. 152, open land without boundary walls exists, wherein plantation has been carried out. No septic tank was visible on the said land; however, a pole-mounted transformer is installed on one side.
7. It is also submitted that the sewage of the colony is presently being discharged by connecting the colony's sewer to the sewer line laid by Jal Nigam, Agra. That as per the approved layout plan of Khasra No. 151, no Sewage Treatment Plant (STP) has been constructed in the park or other specified areas of the colony.
8. That the land situated on both sides of the southern gate, which has been described in the Application as a "park," does not form part of the approved layout plan of Khasra No.151. Accordingly, ADA has issued a letter to the developer for non- 152/1(Min.), 3.3650 hectares of land is registered in the name of Girraj Cooperative Housing Society Ltd. Agra, Girraj Singh, Navrang Cooperative Housing Society Ltd. through Nirottam Singh, Bypass Road New Agra through Partner Nikhil Paliwal, Ramchand, Shubham Housing F 12 Dayal Arcade. Shri Talkies, Chairman Girraj Mittal, Chairman Harishankar Lavaniya and in the same Khasra No. 152/1(Min.), 0.6910 hectares of land is registered in the name of Agra Development Authority, Agra, Sikandra Housing Scheme. In Khasra No. 152/2, 0.6740 hectares of land is O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.14
registered in the name of Anurag Agrawal Agra through Secretary, Madhusudan Cooperative Housing Society Ltd., Yugalkishore Agrawal, Shri Talkies Bypass Road New Agra through Partner, Shriniketan Developers F 12 Dayal Arcade. That as per records of ADA, the land use of Khasra No. 152 is affected by the proposed 30-meter-wide road network under Road Network Plan Zone-3, while the remaining portions of Khasra Nos. 151 and 152 fall under the Residential Zone (Low-Density). A copy of letter by Town Planner, Agra Development Authority dated 28.01.2025 is annexed herewith and marked as Annexure-1.
9. That as per the layout plan approved by ADA in 2010, the northern gate of the colony was designated as the main entrance; however, upon inspection, it was found to be closed. That the Town Planner, ADA, vide letter dated 13.02.2025, confirmed that under the Road Network Plan Zone-3, a 12.00-meter-wide road is specified in front of the land of Khasra No. 151. A Copy of Map is annexed herein and marked as Annexure-2. A copy of the plan of Manhar Greens situated at Khasra No. 151 of Mauza Mohammadpur Agra is annexed herewith and marked as Annexure-3. A copy of the letter dated 13.02.2025 to UPPCB is annexed herewith and marked as Annexure-4.
10. That the Enforcement Department, ADA, has issued a notice dated 27.08.2025 directing that land use must strictly conform to the approved layout plan and requiring the developer to submit clarifications by 03.09.2025, failing which appropriate proceedings under the U.P. Urban Planning and Development Act, 1973 shall be initiated. A Copy of notice dated 27.08.2025 is annexed herein and marked as Annexure-5.
13. Affidavit dated 05.09.2025 (pages no. 87 to 103 of the paper book) has been filed by UPPCB. The relevant part of the Affidavit filed by UPPCB reads as under:
"2. That in compliance to the directions passed by Hon'ble Tribunal dated 17.07.2025 District Magistrate, Agra vide office order dated 27.08.2025 has constituted a committee comprising Secretary Agra Development Authority, Agra, ADM (Namami Gange), Agra, ADM (City), Agra, SDM, Agra and Regional Officer UPPCB Agra. The mandate of the committee is to visit Gayatri Manhar Green Colony, Shastripuram, Sikandra, Agra on 30.08.2025. A true copy of office order dated 27.08.2025 is annexed herewith and marked as Annexure-1.
3. The above committee has inspected the site of Gayatri Manhar Green Colony, Shastripuram, Sikandra, Agra, park at Khasra No. 152, South Gate and North Gate of the colony on 30.08.2025. A true copy of joint inspection report dated 30.08.2025 is annexed herewith and marked as Annexure-2.
4. That Agra Development Authority vide letter dated 04.09.2025 has mentioned that 02 parks were approved by the Authority in the layout map but there is only one park developed by the O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.
15builder and the second park is not developed as per the approved layout map. The authority vide letter dated 02.09.2025 has directed the developer to develop the park as per the approved layout map.
5. That Agra Development Authority vide letter dated 04.09.2025 has mentioned that as per the approved layout map there is one entry and exit gate was approved in the north direction at Khasra no. 151 of M/s Gayatri Manhar Green Colony, Shastripuram, Sikandra, Agra. However, the local people of the colony have developed another gate for entry and exit in South direction at Khasra no. 151 of the colony. The authority vide letter dated 27.08.2025 has directed the developer to develop the colony as per the approved layout map.
6. That Agra Development Authority vide letter dated 04.09.2025 has mentioned that there is no land approved for park and utility purposes at Khasra No. 152 mi/1 at Gram Mohammadpur.
7. That during inspection dated 30.08.2025 it was found that there are two main gates one is at north direction and other is at south direction of M/s Gayatri Manhar Green Colony, Shastripuram, Sikandra, Agra. There is one overhead tank is established for water supply which is having storage capacity of approximately 1 MLD. At the south gate of the colony there is an underground sewerage line is operational which takes the domestic sewer of the colony and convey it to the 36 MLD STP at Sadar-van Bichpuri, Agra. In this regard Executive Engineer, Jal Kal Vibhag Nagar Nigam Agra vide letter dated 03.09.2025 has communicated the confirmation. A true copy of letter dated 03.09.2025 is annexed herewith and marked as Annexure-3."
14. Affidavit dated 08.09.2025 (pages no. 104 to 178 of the paper book) has been filed by respondent no.3- District Magistrate, Agra. Photograph and drone Video (in pen drive) of the land in dispute have also been filed before this Tribunal. The Relevant part of the affidavit filed by the District Magistrate, Agra reads as under:-
"5. That, in compliance with the aforementioned order, the deponent convened a meeting dated 26.08.2025 and, pursuant thereto, constituted a Joint Committee vide letter dated 27.08.2025, comprising the Secretary, Agra Development Authority; the Additional District Magistrate (Namami Gange), Agra; the Additional District Magistrate (City), Agra; the Deputy District Magistrate (Sadar), Agra; and the Regional Officer, U.P. Pollution Control Board.
The minutes of the meeting dated 26.08.2025 and the letter dated 27.08.2025 are annexed herewith collectively as Annexure 1.
O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.16
6. That, upon the instructions of the deponent, Joint Committee inspected the site in question in the presence of the petitioner on 30.08.2025. Pursuant thereto, three separate inspection reports were submitted by the ADA dated 02.09.2025, the SDM (Sadar), Agra dated 04.09.2025, and the Regional Office, UPPCB, Agra dated 01.09.2025 to the deponent. Copies of inspection reports dated 01.09.2025, 02.09.2025 and 04.09.2025 are hereby are annexed herewith as Annexure 2,3 and 4 respectively.
7. That, thereafter, in respect to the inspection dated 30.08.2025, the joint committee concluded as hereunder- i. That, the site inspection was carried out in the presence of the petitioner, Shri Puran Singh Chauhan.
ii. That, the total area of Khasra No. 151 is 1.2640 hectares; and within Khasra No. 152, the total area of Khasra No. 152/1 is 3.3650 hectares; and the total area of Khasra No. 152/2 is 0.6740 hectares. iii. That, the Chief Engineer, Agra Development Authority, Agra, vide letter dated 04.09.2025, clarified that the layout map approved by the Agra Development Authority pertains to Village Mohammadpur, Khasra No. 151, having a total approved area of 10,469.12 sq. m., and that Manhar Green Colony has been developed within the said approved layout area.
A copy of letter dated 04.09.2025 is annexed herewith as Annexure 5.
iv. That, according to the approved layout map of Khasra No. 151 (total approved area 10,469.15 sq.m.), two parks exist with a combined area of 1,573.63 sq. m; and that no green belt is approved as per the map for Khasra No. 151.
v. That, in the approved layout map, one large park approved in the middle of the colony has been developed, whereas the second park towards the south remains undeveloped. ADA vide letter dated 02.09.2025 has directed the developer to complete the development in accordance with the approved plan. A copy of letter dated 02.09.2025 is annexed herewith as Annexure 6.
vi. That, the approved layout map provides for entry and exit from the north side by widening the road to 12.00 metres and granting an approach road. However, the gate installed in the north is not being used by residents, and instead, the gate installed towards the south in Khasra No. 152 is being used. That ADA, vide letter dated 27.08.2025 has directed the developer to ensure compliance with the approved layout map and send a reply by 03.09.2025. (Response from the developer is awaited at the time of filing this Compliance Report). vii. That, as per the measurement conducted by revenue team through ETS method, it is concluded that Gyatri Manhar Green Colony is situated in Khasra No. 151, with a path/road leading from its southern gate. Triangular-shaped vacant land exists on both sides of the said road, on which some trees and plants are planted. According to the surveyor's map, the aforementioned O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.17
vacant lands constitute 58.62 sq. m. in Khasra No. 151 and 179 sq. m. in Khasra No. 152.
viii. That, the domestic wastewater generated from the colony is discharged through manholes and an underground pipeline; and is treated at the 36 MLD Sewage Treatment Plant (STP) at Sadarvan Bichpuri, Agra.
The joint committee report is annexed herewith as Annexure 8.
8. That, as per the inspection report dated 04.09.2025 submitted by SDM (Sadar), Agra (refer to annexure 4), it is clarified that-
(i) That, a path/road exists from the southern gate of Gayatri Manhar Green Colony (Khasra 151), and there is triangular-
shaped vacant land on both sides of the said road, on which some trees and plants are planted. The transformer is at the triangular land on the upper part (left side of the southern road/gate) and the septic tank is at the triangular land on the down part (right side of the southern road/gate) as illustrated in the nazri Naksha attached to the annexure 4. That the upper part land is total 140 sq.m in area out of which 51 sq.m falls in Khasra 151 and the down part land is 97.62 sq. m in area out of which 7.62 sq. m falls in Khasra 151. ii. That, khasra and khatauni of Khasra No. 151, 152/1 and 152/2 attached in annexure 4 disclose as follows:
a. Gayatri Manhar Green Colony has been developed on Khasra No. 151, covering a total area of 1.2640 hectares. Khasra No. 151 is registered in the name of Girraj Sahakari Awas Samiti Ltd, b. Khasra No. 152 was subdivided into Khasra No. 152/1 and Khasra No. 152/2, as per the revenue records.
• That, Khasra No. 152/1 is registered in the names of: (i) Agra Development Authority (ii) Girraj Sahakari Awas Samiti Ltd.
(iii) Navrang Sahakari Awas Samiti Ltd.
• That, Khasra No. 152/2 is registered in the name of Madhusudan Sahakari Samiti Ltd.
9. That, further photographs and a drone video have been furnished by the Sub-Divisional Magistrate (Sadar), Agra, depicting a clearer and comprehensive visual representation of the ground situation at the site in question, situated near the southern gate of the colony. Copies of photographs and drone video are attached herewith and annexed as Annexure-9.
10. That, subsequent to inspection report dated 02.09.2025 sent by Agra Development Authority, the deponent sought further clarification from ADA vide letter dated 03.09.2025. That, Vice Chairman, ADA vide letter dated 04.09.2025 submitted clarification on certain points as already mentioned in para 7 hereinabove. Apart from that, it was clarified that ADA acquired land bearing Khasra No. 152/1 measuring 0.6910 hectares, which was granted vide award dated 08.11.1991. The distance of this acquired land is approximately 200 meters from the site in question. Also, as per the layout plan approved by ADA, no O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.
18land has been sanctioned for parks or other utilities, and only residential plots have been sanctioned.
Letters dated 03.09.2025 and 04.09.2025 are annexed herewith as Annexure-10.
11. That, thereafter, the deponent issued another letter dated 06.09.2025 to the Agra Development Authority seeking further clarifications. In response, the Agra Development Authority, vide its letter dated 06.09.2025, has submitted as under:
i. That, no permission has been granted by the Authority for construction of a septic tank and installation of a transformer on Khasra No. 152. The supply of electricity in the said colony is being undertaken by Torrent Power Limited.
ii. That, with respect to the use of the South Gate and the access road, it is submitted that the developers did not provide any reply on 03.09.2025 or thereafter. On account of construction being carried out contrary to the approved plan, proceedings have been initiated by issuing a show cause notice to Shrimati Sunita Paliwal (developer) under Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973, and the date 20.09.2025 has been fixed for hearing of the said proceedings.
iii. That, with regard to the development of the second park, as per the approved development plan, the date of completion of development works as per the plan was fixed as 03.08.2015.
iv. That, with reference to the disputed portion of Khasra No. 152/2, no layout map has been approved by the Authority for the disputed site near the southern gate of Manhar Green Colony. However, it is clarified that at some distance, Bhavana City Map No. 20200109224428727 has been approved and developed under residential land use on Khasra Nos. 148, 152/1, 152/2 and 171, having a total area of 18,987.10 sq. m.
v. That, with respect to the damaged boundary wall, no approval has been granted by the Authority at the subject site.
Copies of the letter dated 06.09.2025 issued by the deponent, the response dated 06.09.2025 of the Agra Development Authority, the show cause notice dated 06.09.2025, and the ADA-approved map are annexed herewith and collectively marked as Annexure-11."
15. Mr. Aravind Mallappa Bangari, District Magistrate, Agra and Ms. Arunmozhi, Vice Chairman, ADA, AGRA appeared before this Tribunal through VC and Mr. Sachin Rajput, SDM (Sadar), Agra appeared before O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.19
this Tribunal physically on 09.09.2025 and we interacted with them and heard the submissions made by them.
16. We have also heard the submissions made by Learned Counsel for the applicant and the applicant in person and Mr. Bhanwar Pal Singh Jadon, Ms. Gargi Chaturvedi and Ms. Anjali Sharma, Learned Counsels for respondents no. 1 and 3; Ms. Priyanka Swami, Learned Counsel for respondent no.2; Mr. Aditya Vaibhav Singh, Learned Counsel for respondent no.4; and Mr. Somesh Tiwari, Learned Counsel for respondent no.5 and we have gone through the material on record carefully.
17. In the present case, the applicant has raised grievances regarding destruction of park outside the gate of Gaytri Manhar Colony by destroying/uprooting the greenery and demolition of the boundary wall by land mafia with the objective of encroaching upon the same.
18. As per report dated 31.01.2025 submitted by the Tehsildar, Sadar, Agra, to the Additional District Magistrate (Namami Gange), Agra Gayatri, Manhar Green Colony has been developed on Khasra No. 151, covering a total area of 1 .2640 hectares. Khasra No. 151 is registered in the name of Girraj Sahakari Awas Samiti Ltd. Khasra No. 152 was subdivided into Khasra No. 152/1 and Khasra No. 152/2. As per the revenue records.
Khasra No. 152/1 is registered in the names of (i) Agra Development Authority (ii) Girraj Sahakari Awas Samiti Ltd. and (iii) Navrang Sahakari Awas Samiti Ltd. and Khasra No. 152/2 is registered in the name of Madhusudan Awas Sahakari Samiti Ltd. As per Joint Committee report dated 18.02.2025 transfer Deed of the disputed plots has been executed by M/s Madhuvadan Awas Sahakari Samiti Ltd. in the name of Shri Rajesh Singh.
O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.
2019. Town Planner, Agra Development Authority vide letter dated 13.02.2025 (Page no. 85 of the paper book) informed the Uttar Pradesh Pollution Control Board, Agra that as per the Road Network Plan Zone-3 in front of the site, a 12.00 M vide road is specified in front of the land of the questioned Khasra no-151. Town Planner, Agra Development Authority, Agra vide letter dated 28.01.2025 (Page no. 82 of the paper book) to the Uttar Pradesh Pollution Control Board, Agra informed that as per the Agra Master Plan-2021, the land use of Khara No. 152 is affected by the 30- meter-wide road network under Road Network Plan Zone-3. The remaining portion of Khasra No. 151 and 152 fall under the Residential Zone (Low-
Density).
20. Even though Agra Development Authority has vide letter dated 27.08.2025 (page no. 86 of the paper book) directed the developer to develop the colony as per the approved layout map regarding gate on the Northern side but it shall be open to the residents of Manhar Green Colony to seek modification of approved layout map regarding gate on Southern side and the claim made in the present application as to the land in dispute being park has to be considered in view of present user of gate on the Southern side.
21. As per the Joint Committee report dated 18.02.2025 (Pages no. 49 to 54 of the paper book) and further report dated 19.02.2025 filed by the District Magistrate, Agra (Pages no. 42 to 48 of the paper book), there are two gates in Manhar Green Colony one on the Northern side and the other at the southern side. With respect to the Northern gate a 10-feet-wide road was found in front of the gate, which ultimately connects to 100-foot wide Lakhanpur Road at the distance of approx. 550 Meters and as per the layout map approved by the Agra Development Authority in the year 2010, O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.
21the Northern side gate of the colony was designated as the main entrance of the colony but during inspection, it was found to be closed. With respect to the Southern gate, a 30-feet-wide road is constructed in front of the gate, which merges with the 100-feet-wide Lakhanpur Road at the distance of approx. 200 Meter. No park was found developed outside the Southern gate of the colony. A septic tank was found to be constructed on the right side of the Southern gate, while the remaining right-side area was found to be vacant. A transformer was found to be installed on the left side of the southern gate, and some castor plants were also observed in the same area.
A 1.5 ft. curve stone at the left side of the gate was found to be demolished by unknown individuals. As per Joint Committee report dated 18.02.2025 no plantation can be done above the septic tank.
22. The Joint Committee, constituted by the District Magistrate, Agra vide letter dated 27.08.2025 (Page no. 118 of the paper book), inspected the site in question in the presence of the petitioner on 30.08.2025 and three separate inspection reports dated 01.09.2025 (Pages no. 120 to 124 of the paper book), 02.09.2025 (Page no. 134 of the paper book) and 04.09.2025 (Page no. 135 of the paper book) were submitted by Regional Officer, UPPCB, ADA and SDM (Sadar), Agra respectively. As per inspection report dated 04.09.2025 submitted by SDM (Sadar), Agra and reply dated 08.09.2025 filed by the District Magistrate, Agra, a path/road exists from the southern gate of Gayatri Manhar Green Colony (Khasra 151), and there is triangular-shaped vacant land on both sides of the said road, on which some trees and plants are planted. The transformer is at the triangular land on the upper part (left side of the southern road/gate) and the septic tank is at the triangular land on the down part (right side of the southern road/gate) as illustrated in the nazri naksha attached with the report as annexure 4. The upper part land is total 140 sq. m in area out of which 51 O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.
22sq. m falls in Khasra 151 and the down part land is 97.62 sq. m in area out of which 7.62 sq. m falls in Khasra 151. Photographs and a drone video have been furnished by the Sub-Divisional Magistrate (Sadar), Agra, depicting a clearer and comprehensive visual representation of the ground situation at the site in question, situated near the southern gate of the colony.
23. In reply dated 08.09.2025, the District Magistrate, Agra has submitted that the land of the alleged park in dispute is comprised in Khasra No. 152 which was sub-divided into Khasra No. 152/1 and Khasra No. 152/2 as per the revenue record and that as per letter dated 04.09.2025 of the VC, ADA (Page no. 170 of the paper book) in the layout plan approved by ADA, no land out of Khasra No. 152/1 acquired by ADA has been reserved for park and only residential plots have been sanctioned.
24. In his reply dated 08.09.2025, the District Magistrate, Agra has submitted (page no. 116 of the paper book) with reference to the disputed portion of Khasra No. 152/2 that no layout map has been approved by the Authority for the disputed site near the southern gate of Manhar Green Colony and clarified that at some distance, Bhavana City Map No. 20200109224428727 has been approved and developed under residential land use on Khasra Nos. 148, 152/1, 152/2 and 171, having a total area of 18,987.10 sq. m.
25. The applicant has not filed any rejoinder to the replies and any objections to the reports filed by the respondents and the applicant has not produced copy of any layout plan or other relevant document to prove sanctioning of any park on the land in dispute which is comprised in Khasra No. 152/1 and 152/2.
O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.
2326. We have gone through the photographs and the drone video furnished by the Sub-Divisional Magistrate (Sadar), Agra, depicting a clearer and comprehensive visual representation of the ground situation at the site in question, situated near the southern gate of the colony and we also find that the land in dispute can not be said to have been dedicated, used and maintained as a public park apart from sanctioning of the same as park in the layout plan approved by ADA. We are also of the considered view that construction of soak pit tank and transformer over the land in dispute also negates the claim as to the land in dispute being public park.
27. Since, the land in dispute was not reserved in the layout plan sanctioned by Agra Development Authority and was not dedicated, used and maintained as public park and is part of land to be utilised for residential plot as per lay out plan sanctioned by ADA, the claim of applicant regarding destruction of public park for encroachment of the same by land mafia is without any merit with the consequence that the present Original Application is liable to be dismissed.
28. In view of the above, the present Original Application is dismissed leaving the parties to bear their own costs.
29. However, it may be observed here that in the present case ADA vide letter dated 04.09.2025 has mentioned that 02 parks were approved by the ADA in the layout map but there is only one park developed by the builder and the second park is not developed as per the approved layout map. ADA has vide letter dated 02.09.2025 (Page no. 157 of the paper book) directed the developer to develop the park as per the approved layout map. ADA and UPPCB are directed to ensure that the park is developed accordingly and to submit action taken report in this regard within six months before Ld. Registrar General of this Tribunal who may place the matter before the O.A. No. 994/2024 Puran Singh Chouhan Vs. State of U.P. & Ors.
24Bench immediately in case of non-receipt of reports within the period mentioned above and in case of receipt of reports, if further orders are considered to be necessary.
30. A copy of this order may be sent to the Vice Chairman, ADA and Member Secretary, UPPCB by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM October 15th, 2025 AM