Order of the National Green Tribunal regarding encroachment of a water body in Amroha, Uttar Pradesh, 17/02/2025
Order of the National Green Tribunal in the matter of Syed Ashhar Tauseef Vs Kamal Faruqui dated 17/02/2025.
In the application, the grievance raised by the applicant Syed Ashhar Tauseef was that Kamal Faruqui exercised his influence on the land on Gata No. 403 and 404 to set up four educational institutions - Rashida Begum Muslim Vidyalaya, Mesco Public School, Mesco Institute of Pharmacy and Mesco Institute of Nursing and Para-medical Science. Further allegation was that Gata No. 403 and 404 is a talab (pond) and is registered as a talab in the revenue record 1359 fasli year. It was further alleged that on the basis of the fabricated document of the Municipal Council Amroha the recognition was obtained by above institutions in the year 2018.
The matter is related to preservation, protection and conservation of waterbodies.
The report by the District Magistrate (joint committee) stated that "earlier Gata no. 311 was renumbered as Gata No. 403-404 and this Gata in Fasli Khasra year 1359 is registered as a Pond'. The report further reveals that Rashida Begum Muslim Vidyalaya is constructed in an area of 812.60 sq.m. Gata No. 403. Mesco Public School is constructed in an area of 222 sq.m. in Gata No. 404 and the building of Mesco Institute of Pharmacy is constructed on an area of 709.40 sq. m. Gata No. 404. The Report further reveals that remaining land of Gata 403 and 404 is used by the educational institutions as a playground.
The report clearly stated that the nature of the pond cannot be changed and on this ground the map sanctioned for the Mesco Public School has been cancelled on March 7, 2024. The report further states that the land ownership certificate dated January 24, 2018 was not found to be issued from the Office of the Municipal Council Amroha and that the matter relating to affiliation with the Central Middles Education Board, Dehradun is pending.
The UPPCB has also filed the reply dated May 10, 2024 disclosing that an inspection was done by the regional office, Uttar Pradesh Pollution Control Board, Bijnor. The copy of the inspection note revealed that Mesco Institute of Nursing and Para-Medical Science was not found to be established.
The reply of the District Magistrate, the report of the four member joint committee constituted by the District Magistrate the response of the UPPCB along with the report of the RO, UPPCB, Bijnor consistently make it clear that Gata no. 403-404 (old gata No. 311) are registered in revenue record as pond (water body) and buildings have been constructed on the water body and rest of the area of the water body is used as a playground by these educational institutes meaning the entire water body has been filled up and buildings constructed thereon are being used as educational institutes. Such an action is impermissible in law.
The record reflects that when this fact came to the notice of the competent authority the building map was cancelled. Constructions have been raised by encroaching upon the water body resulting in destruction of the water body, the NGT said. Such an action cannot be given the seal of approval by the court.
Having regard to the importance of water body in the larger context of the environment and also considering the local geographical contextual issues, the NGT was of the view that the water body which was existing earlier on Gata No. 403 and 404 is required to be restored to its original position.
The plea of Respondents Rashida Begum Muslim Vidyalaya, Mesco Public School and Mesco Institute of Pharmacy was that they will create another water body in the adjoining land available to them cannot be accepted because a natural water body created on account of existing topography and distinctive ecological and hydrological features cannot be replaced by an artificially created water body at a different location which may not have such recharge channels and sustainability. Such artificially created water body have been expressly excluded from the definition of ‘Wetland’ given under Section 2(g) of the Wetland Rules, 2017.
The NGT directed the State Wetland Authority of Uttar Pradesh and the District Magistrate, Amroha to ensure that the water body at Gata No. 403 and 404 is restored to its original position. To ensure that in this process, the interest of the students, if any, studying in the educational institution set up by Respondents Rashida Begum Muslim Vidyalaya, Mesco Public School and Mesco Institute of Pharmacy on the land of the water body may not be made to suffer, the court granted one year time to Respondents Rashida Begum Muslim Vidyalaya, Mesco Public School and Mesco Institute of Pharmacy to relocate the infrastructure constructed on the water body to an appropriate location.