National Green Tribunal
Somveer Singh vs State Of Uttar Pradesh on 29 January, 2026
Item No. 21 Court No. 1
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 126/2025
Somveer Singh Applicant
Versus
State of Uttar Pradesh & Ors. Respondent(s)
Date of hearing: 29.01.2026
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Tarun Cummra, Adv.
Respondents: Mr. Pradeep Misra & Mr. Daleep Dhyani, Advs. for UPPCB
Mr. Ankit Verma, Adv. for the State of UP (Through VC)
Mr. Attin Shankar Rastogi & Mr. Pratyush Singh, Advs. for R - 3
Ms. Sthavi Asthana, Adv. for R - 9
ORDER
1. In this Original Application (OA), the plea of the Applicant is that there is a pond admeasuring 1.442 hectares located in Khasra No. 440 in Gram Panchayat Dadri, Development Block Sardhana, Tehsil Sardhana, District Meerut, Uttar Pradesh. The grievance of the Applicant is that there are 21 identified unauthorized and illegal encroachments existing on the said water body which are required to be removed.
2. The Respondent-District Magistrate Meerut in compliance of the order dated 01.04.2025 has filed the reply dated 27.10.2025 disclosing the details of these 21 encroachments and the enunciation eviction proceedings against them. The disclosure so made in the reply is as under:-
S. Name/father's Area of type of Is the Land area in Description No. name and pucca construction house record hectares address of the construction single number person on the pond or also occupying the portion (in other portion of the square pond metres)
1. Shri Ram Singh 418 Residential Single 856 0.6123 son of Amichand house resident of Dadri 1
2. Shri Ishwar son of 418 Residential Single 856 0.6123 Bhule resident of house village Dadri
3. Shri Vikram, 266 Residential Single 889 0.0886 Harveer and house 890 0.2846 Jaiveer, sons of Malkhan, resident of village Dadri
4. Shri Rohtash son 572 Residential Single 837 0.2560 of Prabhu resident house 838 0.2980 of village Dadri
5. Shri Ramcharan 300 Residential Single 1086 1.0510 son of Fundan house resident of village Dadri
6. Shri Santram son 250 Residential Single 1086 0.3500 of Tilakram house resident of village Dadri
7. Shri Katar Singh 250 Residential Single 689 0.0623 son of Pitan house 690 0.0305 resident of village Dadri
8. Shri Vishram 250 Residential Single 1086 0.3500 Singh, son of house Tilakram, resident of village Dadri
9. Shri Dharampal 500 Residential Single 1086 1.0510 son of Kundan house resident of village Dadri
10. Shri Haniket and 250 Residential Single - - Landless Savitesh, sons, house residents of Satendra, village Dadri
11. Shri Parmesh son 200 Residential Single 1177 0.3835 of Yograj resident house of village Dadri
12. Shri Rambal son of 60 Residential Single 1175 0.4875 Fundan resident house of village Dadri
13. Swati, wife of 80 Residential Single - - Landless Satveer, resident house of village Dadri
14. Shri Ompal son of 80 Residential Single 1175 0.4875 Fundan resident house of village Dadri
15. Shri Harkaran son 250 Residential Single - - Landless of Sabbar resident house of village Dadri
16. Shri Virendra son 90 Residential Single 1157 0.1936 of Lakhiram house resident of village Dadri
17. Shri Narendra son 2 Residential Single 1157 0.1936 of Lakhiram house resident of village Dadri
18. Shri Jilesen Singh 500 Residential Single 1158 0.2875 son of Kalu house resident of village Dadri
19. Mr. Indrajit and 450 Residential Single 1131 0.4547 Dinesh, Dinesh, sons of house heirs of the Bhuti, village. deceased Dadri. Hrithik and Ankit sons of Dines
20. Shri Bharat son of 60 Residential Single 1175 0.4886 Fundan resident house of village Dadri
21. Subhash alias 150 Residential Single 1083 0.2230 Naresh and Bhule house alias Rajesh, sons of Ram Singh, residents of village Dadri 2
3. Learned counsel appearing for the State submits since the alternate residential land is not available for allotment to these 21 persons, therefore, the eviction proceedings could not be proceeded with.
4. The ponds and water bodies are required to be protected in terms of the order of the Hon'ble Supreme Court in the matter of Hinch Lal Tiwari v. Kamala Devi & Ors. reported in (2001) 6 SCC 496 wherein the Hon'ble Supreme Court recorded the importance of such water bodies and has held as under:-
"...the material resources of the community like forests, tanks, ponds, hillock, mountain, etc. are nature's bounty. They maintain delicate ecological balance. They need to be protected for a proper and healthy environment which enables people to enjoy a quality life which is the essence of the guaranteed right under Article 21 of the Constitution..."
5. Subsequently, the Hon'ble Supreme Court in the matter of Jitendra Singh v. MoEF&CC & Ors. in Civil Appeal No. 5109/2019 has considered these issues and has held as under:-
"20. Protection of such village commons is essential to safeguard the fundamental right guaranteed by Article 21 of our Constitution. These common areas are the lifeline of village communities, and often sustain various chores and provide resources necessary for life. Waterbodies, specifically, are an important source of fishery and much needed potable water. Many areas of this country perennially face a water crisis and access to drinking water is woefully inadequate for most Indians. Allowing such invaluable community resources to be taken over by a few is hence grossly illegal."
6. In view of the above orders, the State is required to the take prompt and effective steps to remove the encroachment. Thus, we direct the Respondent No. 1, Chief Secretary, State of UP as also the Respondent No. 5 District Magistrate, Meerut to take all possible steps and ensure that the above 21 encroachments are removed by following due process of law as expeditiously as possible preferably within a period of six months.
7. The reply dated 27.10.2025 filed by the District Magistrate also reveals that the steps have been taken for beautification and restoration 3 work of the said pond. The disclosure made in the reply in this regard is as under:-
"xxx xxx xxx
15. That in addition, a detailed estimate for the beautification and restoration work of the said pond has been prepared under the Ground Water Scheme and forwarded by the Block Development Officer, Sardhana, to Pariyojna Nideshak Gram Vikas on dated 03.10.2025 for technical approval. Upon receipt of such approval, the necessary work for restoration will commence within one month of approval and thereafter will be completed within three months."
8. The beautification and restoration work may get delayed on account of existing encroachment, therefore, there is yet another reason for the Respondent Authorities to take prompt action for the removal of encroachments and take up the beautification and restoration work. In that process the Respondent Authorities will ensure that the recharge channel of the pond are not blocked and the buffer zone is protected and order of the Tribunal dated 10.02.2023 in the case of Shri Hazi Ariff v. State of UP & Ors. in OA No. 16/2014 is duly complied with.
9. Hence, the OA is disposed of with the above directions, however, with liberty to the Applicant to approach the Tribunal again by way of a proper application, if the compliance is not done within the specified period.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM January 29, 2026 Original Application No. 126/2025 A 4