National Green Tribunal
Sou Motu Action On The News Paper Article ... vs State Of Madhya Pradesh on 17 December, 2024
Item No. 04
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.92/2024(CZ)
Suo moto Cognizance on the News Paper Article Published in Patrika
Newspaper Daily on 19.04.2024, Regarding Illegal Construction in the River
Bed of Kaliyasot River, Bhopal (M.P.)
Suo moto....
Date of Hearing: 17.12.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER
For Applicant (s): None
For Respondent(s) : Mr. Prashant M. Harne, Adv.
Mr. Pulkit Godha, Adv.
Ms. Parul Bhadoria, Adv.
Ms. Parul Bhadoria, Adv.
Ms. Gunjan Chowksey, Adv.
(with Ms. Disha Chowksey, Adv.)
ORDER
1. This matter was initiated on the news reporting published in Patrika Newspaper daily dated 19.04.2024 regarding construction in the buffer zone of Kaliyasot river within 33 meter in violation of environmental rules in Bhopal.
2. It is further submitted that illegal construction is being done by the fortune builder in the Kaliyasot River within 33 meters of the river bed and despite notices by the authorities concerned the builder has not given any heed to the notices and the construction work is being carried out by the builder.
3. The construction as alleged is direct encroachment in the buffer zone of the river in violation of environmental rules and laws, causing harm not only to the environment but also to the public at large by way of such 1 O A No.92/2024(CZ) Suo moto Cognizance on the News Paper Article Published in Patrika Newspaper Daily on 19.04.2024, Regarding Illegal Construction in the River Bed of Kaliyasot River, Bhopal (M.P.) construction, for which this Tribunal is empowered to take Suo moto cognizance in view of the law laid down by the Hon'ble Supreme Court of India in Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.
reported in 2021 SCC Online SC 897.
4. The matter was taken up by this Tribunal on 02.04.2024 and the committee was constituted with direction to visit the site and submit the factual and action taken report.
5. Members of the committee visited the site and submitted the report as follows :-
"A) Fortune Acharya Enclave i. Fortune Acharya Enclave is located at Village-Bawadiya Kalan, Tehsil-Kolar, District-Bhopal, Madhya Pradesh The geographical location of Fortune Acharya Enclave is latitude 23° 10' 19.6572'' N and longitude 77° 25' 59.0268 '' E. ii. Fortune Acharya Enclave lies on the South side of the bank of Kaliasot River.
iii. The construction of Fortune Acharya Enclave was found in progress and the ground floor work was in progress. iv. An approach road made of RCC connects main road of Danish Kunj Kolar Road to Fortune Acharya Enclave. v. Bamboo plantation is developed at the entrance of Fortune Acharya Enclave between approach road and River Kaliasot.
vi. The entry gate and a temporary site office are constructed at the entrance of Fortune Acharya Enclave. vii. The Kalisaot River flows on the west side of the building no 1B to 9B of Fortune Acharya Enclave and this building structure is the nearest from the Kaliasot River. viii. The nearest portion of this building project from River Kaliasot are observed.
2O A No.92/2024(CZ) Suo moto Cognizance on the News Paper Article Published in Patrika Newspaper Daily on 19.04.2024, Regarding Illegal Construction in the River Bed of Kaliyasot River, Bhopal (M.P.) B) Fortune Signature Business Arcade ix. Fortune Signature Business Arcade is located at Village-
Bawadiya Kalan, Tehsil-Kolar, District-Bhopal, Madhya Pradesh. The geographical location of Fortune Signature Business Arcade is latitude 23° 10' 24.5712 '' N and longitude 77° 25' 58.2888 '' E. x. Fortune Signature Business Arcade lies just in front of the main road of Danish Kunj Kolar Road and is on the North east side of the River Kaliasot.
xi. The construction of Fortune Signature Business Arcade is completed and partially occupied for commercial purposes.
xii. The nearest portion of this building project from River Kaliasot are observed.
C) Information provided by the Town & Country Planning, Bhopal:-
Town & Country Planning Department, Bhopal has provided the approved map in which the building has to be constructed from distance of 33 meters from the revenue boundary as prescribed by Revenue Department of Kaliasot River.
6. Learned counsel for the project proponent has submitted that he accept the report of the joint committee. In view of the report submitted by Tehsil-
Kolar and the joint committee he is ready to remove the structure which falls within the periphery of minimum required distance of 33 meter from the HFL of Kaliyasot River as marked and indicated in the revenue map with the red ink and a revised map may be placed before the competent authority for approval.
7. Learned counsel for the State and Municipal Corporation have no objection on that point. Since, the project proponent is ready to remove 3 O A No.92/2024(CZ) Suo moto Cognizance on the News Paper Article Published in Patrika Newspaper Daily on 19.04.2024, Regarding Illegal Construction in the River Bed of Kaliyasot River, Bhopal (M.P.) the structure falling within the prohibited zone, thus, original application disposed of with the following directions :-
i. Project proponent is directed to remove the structure called Fortune Acharya Enclave constructed on a part of Khasra No. 147 located in village Bawadiya Kala which is 2.24 meters corner portion in the north east direction falling within the prohibited zone.
ii. Structure should be removed by the project proponent on their own cost within one month and the applicant may apply before the competent authority for approval of the map as required.
8. Accordingly, Original Application No. 92/2024 stands disposed of.
Sheo Kumar Singh, JM [ Dr. A Senthil Vel, EM 17th December, 2024 OA No. 92/2024(CZ) PN 4 O A No.92/2024(CZ) Suo moto Cognizance on the News Paper Article Published in Patrika Newspaper Daily on 19.04.2024, Regarding Illegal Construction in the River Bed of Kaliyasot River, Bhopal (M.P.)