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Mirza Abid Beg V State of Up and Ors 1639014

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13 views3 pages

Mirza Abid Beg V State of Up and Ors 1639014

Bjdkdbfkfm

Uploaded by

222sudipbhattacharjee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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VERDICTUM.

IN
ITEM NO.35 COURT NO.6 SECTION XVII

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Civil Appeal No(s).1904/2020

MIRZA ABID BEG Appellant(s)

VERSUS

STATE OF U.P. & ORS. Respondent(s)

(IA No. 29875/2020 - APPROPRIATE ORDERS/DIRECTIONS, IA No.


29873/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT,
IA No. 37268/2021 - EXEMPTION FROM FILING O.T. AND IA No.
29874/2020 - EXEMPTION FROM FILING O.T., IA NO.80427/2024 – FOR
ADDITIONAL DOCUMENTS, IA NO.80428/2024 - EXEMPTION FROM FILING O.T.
AND IA NO.149762/2024 - FOR ADDITIONAL DOCUMENTS)

Date : 16-07-2024 This matter was called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

For Appellant(s) Mr. Ashutosh Dubey, AOR


Mr. Abhishek Chauhan, Adv.
Ms. Rajshri A. Dubey, Adv.
Mr. H.B. Dubey, Adv.
Mr. Amit P. Shahi, Adv.
Mr. Amit Kumar, Adv.
Mr. Gaurav Yadav, Adv.

For Respondent(s) Dr. Vijendra Singh, AOR


Mr. Aarohi Bhalla, Adv.
Mr. Abhinav Rathi, Adv.
Ms. Divyakshi Singh, Adv.
Ms. Apurva Singh, Adv.

Mr. Vinay Garg, AOR


Ms. Neetu Rawat, Adv.
Mr. Upendra Mishra, Adv.

UPON hearing the counsel the Court made the following


O R D E R

1. The issue raised by the appellant before the National Green


Tribunal (for short, “the NGT”) was of immense importance. Only by
way of an illustration, the learned counsel appearing for the

1
VERDICTUM.IN
appellant pointed out certain instances of ponds/lakes/water bodies
being filled in by garbage and other material. The learned counsel
appearing for the appellant also pointed out that after filling in
the ponds/lakes/water bodies, illegal constructions have been made.
The NGT called for a report. A copy of the report was not
furnished to the appellant who was the applicant before the NGT.
The impugned order, which is very short, indicates that at least in
the case of one pond, such allegation was found to be correct and,
therefore, the NGT has recorded that a portion of the garbage
dumped in the pond has been removed. In our view, NGT ought to
have kept the application pending.

2. We direct the Secretary of the Ministry of Environment of the


State of Uttar Pradesh to constitute a Committee of senior
officials including the officials of the Revenue Department,
Environment Department and the State Pollution Control Board. The
said Committee shall be constituted within a period of three weeks
from today. To begin with, the Committee will deal with the
grievances made by the appellant about the ponds/lakes/water bodies
in Tehsil Nagina, District Bijnor, Uttar Pradesh. The State
Government shall ensure that the inspection of the entire revenue
record relating to the properties which are mentioned in paragraph
4 of the application made by the appellant is provided to the
Committee. After examining the old revenue records, the Committee
will ascertain whether there were any entries regarding existence
of the ponds/lakes/water bodies. The Committee constituted by the
Secretary of the Ministry of Environment shall make a visit to the
properties on which ponds/lakes/water bodies were in existence. In
addition, the Committee will visit the lands described in paragraph
4 of the application filed before the NGT. The Committee will make
in-depth study on the allegation of disappearance of
ponds/lakes/water bodies in Tehsil Nagina. The Committee will
suggest measures for the restoration thereof. Subsequently, the
scope of the work of the Committee can be expanded to cover many
districts.

2
VERDICTUM.IN
3. We must record here with a great deal of emphasis that it is
the paramount duty of the State not only to protect the
ponds/lakes/water bodies in the State but also to ensure that
ponds/lakes/water bodies, which have been illegally filled in, are
restored. It is the Constitutional duty of the State to do so. The
Committee appointed by the Secretary, Ministry of Environment, will
make a note of this obligation on the part of the State.

4. Copies of the reports of the Committee shall be submitted to


this Court through the State of Uttar Pradesh. The first report
shall be submitted by the Committee to this Court on or before 15 th
November, 2024.

5. An advance notice shall be given by the Committee to the


appellant of the time and date fixed for inspection to enable the
appellant to remain present at the concerned site. We make it
clear that we are granting permission only to the appellant to
remain present at the time of inspection and the appellant will
ensure that no other person accompanies him at the time of
inspection.

6. For consideration of the report, list the Appeal on


22nd November, 2024 under the caption of ‘Directions’.

(ASHISH KONDLE) (AVGV RAMU)


COURT MASTER (SH) COURT MASTER (NSH)

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