National Green Tribunal
Dr Subhash C Pandey vs Bhopal Municipal Corporation on 12 December, 2023
Item No. 4
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.17/2023(CZ)
Dr. Subhash C Pandey Applicant(s)
Vs.
Bhopal Municipal Corporation & Ors. Respondent(s)
Date of Hearing: 12.12.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s): In person
For Respondent(s) : Mr. Prashant M. Harne, Adv. with
Mr. Mehul Bhardwaj, Adv.
Mr. Deepesh Joshi, Adv.
Mr. Vivek Choudhary, Adv.
Ms. Gunjan Chowksey, Adv.
Mr. Ayush Pandey, Adv.
Mr. Disha Chouksey, Adv.
Mr. Om Shankar Shrivastav, Adv.
Ms. Parul Bhadoriya, Adv.'
Mr. Anuj Karnatak Adv.
ORDER
1. The issue raised in this application is cutting of trees of green belt and encroachment by the unauthorized persons of the green belt land in the city of Bhopal. The Divisional Forest Officer has communicated that more than 692 encroachments have been made and there are large number of cutting of trees. Bhopal Municipal Corporation was directed to submit the reply but the order sheet of the last date dated 30.10.2023 shows that the relevant reply has not been filed by the Bhopal Municipal Corporation.
2. Vide order dated 11.09.2023 a committee was constituted to examine the fact and submit the report and after site observation the committee has submitted the report, which is as follows : 1
S. Name of Site and address (i) Cutting of Trees (ii) Encroachment on (iil) Use of Green Remarks the Green Belt area Belt area by the occupier in violation of Environmental Rules.
1. Dr. Shashank Agrawal/ No evidence found Paver Block pavement Yes , Benches for Since in green Dr. Kamlesh Verma during inspection. and benches on green belt sitting belt paver block Bhopal Fracture Hospital area found. pavement and E-3/01, Link Road No. 3, Arera benches like Colony, Bhopal-462016 (M.P.) encroachment found so possibility of cutting trees in green belt in past could not be ruled out.
2. Dr. Sanjay Kumar, Director Evidence of 03 nos of Paver Block pavement Yes Benches for Since in green Gastroeare, Liver & Digestive Old Stumps of Trees and benches on green belt sitting belt paver block Disease Center 120-121, Link found during inspection. area found. pavement and Road No. 3, near Personal benches like Branch SBI, E-3, Arera encroachment Colony, Bhopal found so possibility of cutting trees in green belt in past could not be ruled out.2
3. Mr. Adarsh Malhotra/Mr. Vivek No evidence found Paver Block pavement Yes, Car Parking Since in green Malhooa during inspection. was made in green belt found belt paver block E4/6, Arera Colony, Bhopal -- area earlier found pavement done 462016 (M.P.) removed. Paver block earlier so found stacked in the possibility of green belt area. cutting trees in green belt in past could not be ruled out.
4. Mr. Dilip Suryavanshi No evidence found No construction found in No Car Parked Suryavanshi s during inspection. green belt. found.
E5/5, E-5 Arera Colony, Bhopal-
462016a.PQ 3
5. Mr. PLC. Sharma No evidence found Paver Block Pavement Yes, Parking of Since in F-1/7s 1100 Quarters, Bhopal -- during inspection. and Shed for Parking Vehicles parking green belt 462016 (M.P.) Vehicles found in green and green lawn. paver block belt area and lawn found pavement in the green belt area. and shed for parking like encroachment found so possibility of cutting trees in green belt in past could not be ruled out.
6. Dr. Mohit Sikka/ Mr. Sanjay No evidence found Paver Block Pavement Yes, Parking of Since in green Saxena, Zindal Hospital Ayodhya during inspection. and car parking found in Vehicle found in belt paver block Bypass Road, Village Damkheda, green belt. green belt area. pavement and Bhopal-- 462041 parking like (M.P.) encroachment 4 found so possibility of cutting trees in green belt in past could not be ruled out.
7. Mr. DolrajGaire, Owner No evidence found Food zone and vehicle Yes, Food zone Since in Sagar Gaire, Restaurant during inspection. parking found in the and Parking of green 106-107/1/4/1 Near Jail Road, green belt. Vehicle found in belt paver block Elixir Garden, Karond Bhopal- green belt area. pavement 462041 (M.P.) parking and food zone like encroachment found so possibility of cutting trees in green belt in past could not be ruled out.
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8. Bhopal Municipal Corporation No Evidence of cutting BMC obtained
1. Veer Durgadas Statue found-- tree found during permission inspection. for cutting 04 nos.
trees vide letter dated 16.10.2023.
Annexure-A Site observation are based on status found during inspection dated 17.10.2023 * As per Govt of M.P. Forest Department Order dated 10-04-2023 jurisdiction of CPA is now 12 No parks, 2 Rotary, 4 Nursery & as per order dated 12.07.2023 CPA jurisdiction also includes 1097 Hectare Land which is in wetland. 6
3. Vide I.A. No. 140/2023 Learned Counsel appearing for the Bhopal Municipal Corporation has moved an application with the facts that the Joint Committee has not submitted the true facts. Further contention of the Learned Counsel for the Bhopal Municipal Corporation are that the detailed areas of 692 encroachments , given in the list with said letter of DFO (CPA) dated 10.12.2021, falls under PWD's jurisdiction. Hence the answering Respondent BMC forwarded the said letter to DFO (CPA) dated 10.12.2021, to the concerned department PWD, formally acknowledging the above direction of Addl. Chief Secretary , Govt. of M.P., Forest Department dated 10.04.2023 asking land holding department PWD to secure plantation areas with complete maintenance.
It was further stated, that in case of need , the Answering Respondent BMC would readily provide its resources & manpower, for removal of said encroachments & that the Encroachment Wing of BMC be contacted for the same.
Based on the aforementioned, it is evident that, before 31st March 2023, operation and maintenance responsibility of side verge plantation and preservation of encroachment is of the CPA and after 31st March, 2023, responsibility of the same belongs to PWD Department. Nevertheless the answering Respondent has written a letter bearing no. 265 dated 27.10.2023 to PWD Department, that in need of help for removal of encroachments, Answering Respondent is ready to provide necessary resources and manpower.
4. In light of present set of facts and circumstances & recent developments and the documents annexed, it is pertinent that the Public Works Department, Govt. of MP through its Engineer in Chief be added as party and the Applicant be directed to do the needful, for 7 the effective compliance of the order of the Hon'ble Tribunal and disposal of issues in land.
5. In view of the above facts and prayer made by the Bhopal Municipal Corporation the Public Works Department through Chief Engineer, PWD, (M.P.) be added in the array of parties as respondent.
6. Applicant is directed to issue notice and take proper necessary steps for service providing the copy of application and all relevant document to the PWD department so that the PWD Department may be in position to submit the report and reply. Respondent newly added is directed to submit the reply within three weeks.
7. The applicant moved an application in the form of rejoinder/response against the factual report, raising certain objection and submitted that the committee failed to examine the estimate and tentative green cover and trees cut by way of said encroachments. However, observing the nearby vegetation this could have been estimated and the environmental damage caused due to said encroachments and commercial activities could have been assessed by a general observation, 5 to 10 plants and trees can be estimated per hundred sq. ft. area, it is further argued and submitted that encroachers knowingly and malafidely disturbed and caused damage to the ecology of the site verges of the road of the Bhopal for the their commercial enterprises. Learned Counsel for the Municipal Corporation has submitted that since the land in question of encroachment was handed over to PWD (M.P.). Thus, it is the responsibility of PWD to direct and to maintain it.
8. We have directed the Applicant on the application as quoted above that the PWD also be made a party.
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9. It is further submitted that the Collector has constituted the committee consisting (1) Addl. Collector & Addl. District Magistrate Bhopal (2) Addl. Commissioner (Garden), BMC (3) Addl. Commissioner (encroachment) (4) Superintendant Engineer (Garden) (5) All Divisional Executive Engineer (PWD) (6) Forest Range Officer Bhopal.
10. In view of the action taken by the Collector, constituting the committee the matter has already been resolved and it is the responsibility of the committee quoted above to remove the encroachment. It is further argued that approximately 169 encroachments have been removed and there is possibility for further encroachment. The Collector is requested and directed to see the matter personally and direct the concerned department to protect and maintain it. Learned Counsel Shri Deepesh Joshi appearing for the Respondent no. 4/Bhopal Fracture Hospital has submitted that allegations against the Respondent no 4 are based on possibility of cutting of trees on imaginary grounds, a remark has been written in the report which is not based on any concrete evidence and further submitted that this requires concrete evidence by the parties concerned for further action.
11. In view of the above facts, the copy of the I.A. No. 140/2023 , response filed by the petitioner and the compliance report submitted by the BMC during the course of hearing should be exchanged by providing copies to opposite parties on available e-mail and the response/objection may be filed within three weeks. In the meantime, the committee constituted by the Collector is directed to ensure strict compliance of the order and removal of the encroachement according 9 to the rules and submit the report through Collector to this Tribunal before the next date of hearing.
12. List it on 3rd January, 2024.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 12th December, 2023 O.A. No. 17/2023 (CZ) K 10