National Green Tribunal
Ranvir Singh vs State Of Haryana on 22 November, 2022
Item No. 2 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH AT NEW DELHI
(Through Physical Hearing with Hybrid VC Option)
Original Application No.421/2022
Ranvir Singh ...Applicant
Versus
State of Haryana ...Respondent
Date of hearing: 22.11.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondent: Mr. Rahul Khurana, Advocate for HSPCB.
Application is registered based on a Letter Petition received by Post.
ORDER
1. The grievance in the present letter petition sent by Capt. (retired) Ranvir Singh, resident of 2209, Sector-21, Panchkula, Haryana is against encroachment in Ghaghar River, behind Golf Club in Sector-22, Panchkula by land Mafia. The applicant has referred to the modus operandi of the Mafia of putting Malba with tractor trolly in the river, making an island, then constructing religious place and then building a house in the same and living luxurious life. In support of these averments the applicant has attached photographs taken during six months interval showing construction raised in flood plain zone of the river. The applicant has further submitted that the obstruction in river course will result in flood someday but the Administrative Authorities have not taken any action.
2. Vide order dated 12.07.2022, this Tribunal constituted a Joint Committee comprising of the State PCB, Principal Secretary, Irrigation and Water Resources Department, Government of Haryana and Deputy Commissioner, Panchkula and directed the same to submit factual and O. A. No. 421/2022 Ranvir Singh Vs. State of Haryana -2- action taken report within two months from the date of receipt of a copy of this order.
3. In compliance thereof, interim report has been filed by Mr. Virender Singh Punia, Regional Officer, Panchkula Region, Haryana SPCB vide email dated 18.11.2022 and status report has been filed on behalf of the Haryana Shehri Vikas Pradhikaran (HSVP) by Mr. Gagandeep Singh, Estate Officer, HSVP Panchkula vide email dated 19.11.2022.
4. In its interim report HSPCB has submitted that encroachment made in flood plain zone of the river is to be removed by the HSVP.
5. In the status report, Estate Officer, HSVP, Panchkula has submitted that the process of removal of encroachment from land comprised in Khasra No. 83 acquired by the HSVP has been initiated and show cause notice dated 22.03.2022 has been issued but the land where debris are thrown falls under Khasra No. 82 which has not been acquired by HSVP and hence HSVP has no jurisdiction to take action for the same.
6. We find that the reports have been casually prepared. Estate Officer, HSVP, Panchkula has not mentioned when and for what purpose and from whom the land comprised in Khasra No. 83 was acquired and to whom the show cause notice has been issued and how much time is likely to be taken in the encroachment removal proceedings. In the report it has also not been mentioned to whom land comprised in Khasra No. 82 belongs and whether any reference for removal of debris has been made to Municipal Corporation, Panchkula or any other authority. The Administrative Officers work in exercise of delegated Sovereign Powers under enabling statutory provisions and have to discharge the Statutory Obligations without any laxity, inaction or negligence on their part. The O. A. No. 421/2022 Ranvir Singh Vs. State of Haryana -3- Estate Officer, HSVP, Panchkula is directed to file affidavit giving the requisite details along with relevant documents within one month by email at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
7. In view of the interim report filed by HSPCB and status report filed by Estate Officer, HSVP, Panchkula, we consider it necessary to have response from (1) State of Haryana through Chief Secretary, Government of Haryana; (2) Chief Administrator, HSVP, Panchkula; (3) HSPCB; (4) Commissioner, Municipal Corporation, Panchkula and (5) Deputy Commissioner, Panchkula who stand impleaded as respondents no. 1 to
5.
8. The Registry is directed to prepare and attach Memo of Parties with the application and issue notices along with copies of application and documents attached with the same to respondents no. 1, 2, 4 and 5, requiring them to file their reply/response within one month by email [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
9. The requisite details regarding notification/demarcation of the Flood Plain Zone of river Ghagghar, particulars of land recorded in revenue records as part of river, encroachments made on the land of river Ghagghar in district Panchkula, proceedings taken for removal of such encroachments be specifically mentioned in the reply/response.
10. List for further consideration on 11.01.2023.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM November 22, 2022 AVT