National Green Tribunal
Meghraj Singh vs Chief Secretary on 15 January, 2024
Item No. 10 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 285/2023
Meghraj Singh Applicant
Versus
State of Uttar Pradesh & Ors. Respondent(s)
Date of hearing: 15.01.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Meghraj Singh, Applicant in Person
P
ORDER
1. In the Original Application, applicant has come up with the grievance concerning disappearance of 1095 ponds in Kanpur Dehat, Uttar Pradesh with the plea that the survey of the ponds was conducted in 2011-2012 for fisheries and 1975 ponds were found suitable for fisheries but hundreds of ponds have been encroached.
2. The Tribunal in the order dated 06.11.2023 had taken note of the report of the District Magistrate dated 06.11.2023 disclosing the progress relating to identification of the ponds in District Kanpur Dehat and accordingly, the Tribunal had issued direction to the District Magistrate, Kanpur Dehat to place on record the information in tabular form as directed in paragraph 4 of that order and also directed to file a comprehensive report relating to identification of ponds. 1
3. The report dated 10.01.2024, at the instance of the District Magistrate, Kanpur Dehat has been filed which discloses the details of permanent and temporary encroachment on the ponds as under:-
Tahsil → Akbarpur Bhoganipur Derapur Sikandara Rasoolabad Maitha Total Permanent Encroachment Identified → 101 89 43 03 23 20 279 Tahsil → Akbarpur Bhoganipur Derapur Sikandara Rasoolabad Maitha Total Temporary Encroachment 10 07 02 02 12 07 40 Identified → Removal of Temporary Encroachment 10 07 02 02 12 07 40 Identified →
4. As per the report, the process of identification and demarcation of ponds in District Kanpur has been completed and village-wise details of ponds existing as per Revenue record along with the demarcated area is enclosed with the report as Annexure-A2. The report also mentions about the status of the pollution and water quality analysis of the ponds and discloses it in Annexure-A3. The results show that pond water of quality invariable contain high fecal coliform and does not meet primary water quality criteria.
5. The conclusion of the report is as under:-
"Conclusion:-
As per directions pronounced by Hon NGT Delhi in OA No- 285/2023 Megh Raj Singh Vs State of Uttar Pradesh compliance of said direction is under process as per powers designated to authorities of the district. Demarcation, geolagging, fishery development, water quality monitoring, identification of permanent and temporary encroachment and removal of permanent as per law and temporary encroachment is completed by 100%. As stated above water quality reports are forwarded to DPRO Kanpur Dehat for necessary action further for tapping of sewage drains entering ponds from the houses or localities situated in vicinity of pond for and seek alternative possible treatment prospects followed by native and best available treatment technologies such as phytoremediation or biochemical treatment."2
6. The applicant, present in person, seeks time to file objection to the report. In the OA, number of respondents have been impleaded. He is directed to examine the cause title and take action to delete the respondents against whom no relief has been sought.
7. Meanwhile, let notice be issue to respondent no. 6, UPPCB; respondent no. 10, District Magistrate, Kanpur Dehat and respondent no. 11, SDM, Tehsil Sikandra, Kanpur Dehat. Applicant is directed to serve these respondents, who may file their response, at least one week before the next date of hearing by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF, reflecting the action taken for removing the encroachment found on the ponds and also the status of water quality of the ponds.
8. List on 18.03.2024.
Prakash Shrivastava, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM January 15, 2024 Original Application No. 285/2023 SN.
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