Order of the National Green Tribunal regarding obstruction of flow of water in village Behrauli, district Bareilly, 03/08/2023

  • 03/08/2023

Order of the National Green Tribunal in the matter of Prempal Vs State of Uttar Pradesh dated 03/08/2023. The matter related to obstruction caused to natural flow of water at Behrauli stand in village Behrauli, tehsil Meerganj, district Bareilly.

The applicant has submitted that at the time of consolidation land was allotted for narai/nala/khali which carries rain/flood water of villages Jam Masihabad, Karampur, Tilmas Gontia, Karora, Behrauli, Kutuvpur, and Bhagwantapur to river Ramganga. As per the orders passed by the Supreme Court and the NGT, no individual can obstruct the natural flow of water by raising any permanent construction. It was alleged that attempts were made to raise permanent construction obstructing the natural flow of water. If the proposed construction is not stopped, irreparable damage will be caused due to flooding of adjoining agricultural land and the village areas. The applicant has requested for issuance of directions for preventing raising of any permanent structure.

The NGT directed a a Joint Committee comprising of Executive Engineer, Irrigation and Flood Control Department, Bareilly and District Magistrate, Bareilly to undertake visits to the site, look into the grievances of the applicant, verify the factual position and taken appropriate remedial action by following due course of law and giving opportunity of being heard to the project proponent. The District Magistrate, Bareilly would be the nodal agency for coordination and compliance. The court directed a factual and action taken report to be submitted within two months.