The National Green Tribunal Dismisses Complaint of Land Encroachment, Finds No Evidence of Drainage Reserve or Nala.

The National Green Tribunal (NGT), through its Principal Bench, New Delhi, has dismissed a complaint alleging land encroachment, ruling in favor of the landowner following a thorough investigation. The case, brought under suo moto jurisdiction, originated from a letter petition dated May 9, 2023, filed by Prempal S/o Sh. Khoov Chand of Village Behrauli, Bareilly, UP. The petition contended that Hariom S/o Girdhari was impeding the flow of rainwater by constructing permanent structures on land purportedly designated for a stormwater drain.

Upon receiving the complaint, the NGT deliberated on August 3, 2023, and decided to investigate further due to the prima facie environmental concerns raised. To facilitate a thorough examination, the Tribunal formed a joint committee comprising the Executive Engineer of the Irrigation and Flood Control Department, Bareilly, and the District Magistrate, Bareilly. The committee was tasked with visiting the site and submitting a factual report.

After meticulous scrutiny, the joint committee submitted its report on December 8, 2023. The report revealed that the disputed land, identified as Gata No. 497 in Village Tilmas, was privately owned by Smt. Mamta W/o Sri Hariom. Contrary to the complaint's assertions, the report clarified that no land had been specifically allocated for a drainage reserve in the village. Additionally, it highlighted that the construction activity in question was being carried out within the landowner's legal rights and did not impede any designated drainage area.

Based on the comprehensive findings of the joint committee and the absence of evidence supporting the allegations, the NGT dismissed the complaint. The ruling underscored the landowner's entitlement to undertake lawful construction activities on their property, bringing closure to the contentious issue.

It further disclosed that the construction in question was within the landowner's rights and did not obstruct any designated drainage area, thereby leading to the dismissal of the application by the NGT.

"Prempal v. State of Uttar Pradesh & Others" Coram: HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
Date of hearing: 06.03.2024