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Further it was stated that the said land would be made free from of all encroachments and a fence along with its boundary would be raised to prevent further encroachments along the canals passing through the municipal areas. The State Counsel on instruction submitted that all inlets into the canal have been plugged. Considering the aforesaid facts and submissions made by the parties, Tribunal had directed the State Government to issue notice to the persons from whose premises or where abouts these inlets originated, to show cause as to why they should not be made to pay compensation of Rs. 25,000/- for causing pollution and the same be collected and deposited in Environment Relief Fund. Persons resisting these notices be asked to remain present before the Tribunal on the next date.

After hearing learned counsel for the parties at length, this Court is prima facie of the view that since the State Authorities are taking action pursuant to the directions given by the NGT from time to time, by passing the orders which have already been referred hereinabove, it would be appropriate for the persons aggrieved with the action of the respondents to approach the NGT, which has already ordered that any person resisting the action of the State Authorities be directed to present before the NGT. The Court has expressed the above prima facie view looking to the fact that in the matters regarding the pollution and environment protection, as per section 14 of the National Green Tribunal Act, 2010, the NGT has jurisdiction to hear all the civil cases, in which substantial question relating to environment in respect of acts mentioned in Schedule-I is involved. The issues raised by the Bhartiya Kisan Sangh, Rajasthan Pradesh before the NGT relates to the provisions of Water (Protection and Control of Pollution) Act, 1974 and the Environment Protection Act, 1986, which finds place in Schedule-I. In D.B.Civil Writ Petition No.10986/2015 - Balotra Water Pollution Control & Research Foundation Trust (BWPCRT) vs. State of Rajasthan & Ors. decided on 08.10.2015, the orders passed by the NGT in an original application raising issue regarding the pollution and environment in the territorial jurisdiction of Balotra Municipal Board were under challenge. The Division Bench in D.B.Civil Writ Petition No.10986/2015 has observed as: