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    Report in E.A. No. 02-2022 08-09-2022

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    Report in E.A. No. 02-2022 08-09-2022

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    Report in E.A. No. 02-2022 08-09-2022

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    Report in E.A. No. 02-2022 08-09-2022

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    Adhiraj Singh Rajawat
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    BEFORE THE HON'BLE NATIONAL GREEN TRIBUNAL, NCH AT BHOPAL CENTRAL ZONAL BE! ‘CENTRAL ZONAL BENCH ATS EXECUTION APPLICATION No. 02, 2022 IN o.a.No. 23/2021 IN THE MATTER OF: APPLICANT: wami Narhariyanand Sarovar TT ‘VERSUS// RESPONDENTS: state of MP. & Ors. INDEX Particulars Annexure lo. |_| __ ar ACTION” [01 [COMPLAINCE CUM ACTION }-4 | TAKEN REPORT OF ORDER | DATED 13/07/2022 | | {oj 02 | Alfidavits pC [03 | Copy of the sample notices issued ANNEXUREC-I | to the Encroachers/Householders | ieotly 4-)o | by the |ANNEXURE C2 yy, op Encroachers/Householders | colt | |_| | iia of the cases pending before | qynExuREC-S 23-24 the Divisional Commissioner, | f | Jabalpur 06 {Copy of the compliance report | dated 07/09/2022 | 04 Responses —_given | 15-26 a) ANNEXURE C-4 8} ITTED. BY; a z aa ‘THIROUGH; Place: BHOPAL (SACH{N K. VERMA) Date: 07/09/2022 COUNSEL FOR RESPONDENTS NO. 2&3 © BEFORE THE HOW’BLE NATIONAL GREEN TRIBUNAL CENTRAL ZONAL BENCH AT BHOPAL EXECUTION APPLICATION No. 02/2022 IN O.A. NO. 23/2021 IN THE MATTER oF: “THE MATTER OF; APPLICANT: Swami Narhariyanand Sarovar //VERSUS// RESPONDENTS: State of MP. & Ors. COMPLAINCE CUM ACTION TAKEN REPORT OF ORDER DATED 13/07/2022 The Respondent State of MP and the Municipal Council Saikheda most respectfully submit as follows:- "The Hon'ble Tribunal vide its order dated 13/07/2022 passed following directions in this matter, quoted below:- the operative of the order is “Learned counsel for the State, Sh. Sachin K Verma, has submitted that the proceedings of the Revenue Officers were challenged before Hon'ble the High Court of Madhya Pradesh whereby direction was issued to provide the opportunity of hearing to the aggrieved and proceed according to law. Despite of the direction of Hon'ble the High Court of Madhya Pradesh, the executive authorities District Collector, Panna or the Niab Tehsildar failed to exercise their duties to comply the order of Hon'ble High Court and to execute the order in accordance with law. Learned Counsel for the State sought a short time, so that the matter may be finalized by the Collector/District Authorities after giving an opportunity of hearing to the parties concerned.” ® 2. In compliance to the directions passed by the Hon'ble Tribunal, the District Collector District Narsingpur passed instructions to the Chief Municipal Officer, Municipal Council Saikheda for the Protection and conservation of Narhariyanand Talab. The Chief Municipal Officer as an interim measures has initiated following proceedings:- i. iii iv. Swaminarhariyanand ‘Talab Village Saikheda Revenue Inspection Division Tehsil Saikheda District Narsingpur is situated on Government land bearing Khasra no. 456, 457, 458/1, total area 6.770 Hectares. The classification of the land is Talab. The Urban Local Body is setting up a Sewage Treatment Plant (in short ‘STP) having the capacity of 2.6 MLD which has been constructed through MPUDCL at present 80% work has been completed and it is likely that the Project Implementation Unit will complete the construction work at the earliest in near future, further the sewage line laying work is also almost completed and in terms of percentage 92% work has been completed. The Project Manager of the Project Implementation Unit has assured that after the withdrawal of rainy season the STP Construction work will be completed and after the completion of STP construction work the untreated sewage will be trapped and further will be scientifically treated by the STP. The Municipal Council Saikheda has adopted door to door solid waste collection from the residential units so as to ensure the scientific disposal of the solid waste and from time to time it is publicly advertised and broadcasted that in case of disposal of solid waste in the water bodies penal action in the shape of penalty will be imposed upon the violators. At the Government Revenue Land settled and recorded as Talab Land in the revenue records there are 73 encroachments, the encroachments are mostly residential units thereby the Municipal Council Saikheda has issued i} demand notice for the recovery of environmental compensation and also sought the chain of documents pertaining to the title and ownership of the Householders. The Proceedings are under active consideration in accordance with law. After the issuance of notices, the 32 householders are now releasing the household sewage at other location so as to ensure that the sewage shall not flow into the Talab and have further connected the sewage pipelines with the main newly laid sewage line which is not having any run off into the Talab. Further the storm water drains which are having their flow into the Talab have been diverted to the different location so that its rainy water may not flow into the Talab. The copy of the sample notices issued to the Encroachers/Houscholders are collectively marked and filed herewith as ANNEXURE C-1(colly) & the copy of the Responses given by the Encroachers/Householders are collectively marked and filed herewith as ANNEXURE C- 2 {colly) The Nayab Tehsildar, Tehsil Saikheda District Narsingpur, after being reported by the Municipal Council pertaining to 73 encroachments upon the land settled and recorded as Government Land Talab in revenue records has registered cases within the preview of Section 248 of the MP Land Revenue Code 1959 and after being served some of the householders have approached the court of Divisional Commissioner Jabalpur, and some of the householders have already approached Hon'ble High court Principal Seat At Jabalpur the directions passed by Hon'ble High Court are already brought to the kind notice of Hon'ble Tribunal therefore, in compliance to the directions passed by Hon'ble High Court the reasonable opportunity of hearing is provided to the encroachers and after completion of hearing orders will be passed on its merits. The list of the cases pending before the Divisional Commissioner, Jabalpur is marked and filed herewith as ANNEXURE C-3 & The copy of the compliance report dated 07/09/2022 is marked and filed herewith as ANNEXURE C-4 3. The submissions and compliance may kindly be taken on record 4. An Affidavits in support are filed herewith. SYBMITTED BY; onnenrs Place: BHOPAL (SACHIN K. VERMA) Date: 07/09/2022 COUNSEL FOR RESPONDENTS NO. 2&3 ~ ® BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH AT BHOPAL EXECUTION APPLICATION No. 02/2022 IN O.A. NO. 23/2021 IN THE MATTER OF: APPLICANT: Swami Narhariyanand Sarovar //VERSUS// RESPONDENTS: State of MP. & Ors. AFFIDAVIT |, Rajendra Kumar Sharma, Aged about 56 years, S/o Shri Nitya Gopal Sharma, posted as Chief Municipal Officer, O/o Nagar Parishad Sainkheda, Narsinghpur (M.P.), do hereby state on oath and solemnly affirm as under:~ That, Iam Respondent No. 3 in the present matter and as such | am well conversant with the facts of the case and therefore, competent to swear this affidavit, That the accompanying compliance report has been drafted as per my instructions and also explained to me That the contents of para 1 to end of accompanying compliance report are true to my knowledge based upon official records and the legal averments made therein are true on the legal advice received and believed to be true. Kaien s hens fy hot Ms tye Gupl shone a PONENT Lede, N mbes a p) RR eee over aE ey tae Pee \ qeurn; VERIFICATION 1, above desctibed deponent do hereby verify that the content of para 1 to 3 of thersffideyit arectrue to my personal knowledge and belief. si 1 Yam, ar nse EER SIS this Fe day of se/ren8€62022 at Bhopal (M.P) wees /aFgT AR eae if Fa “A saan ma EPONENT IDENTIFIED BY ME BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH AT BHOPAL EXECUTION APPLICATION No. 02/2022 IN Q.A. NO. 23/2021 IN THE MATTER OF: APPLICANT: Swami Narhariyanand Sarovar //VERSUS// RESPONDENTS: State of MP. & Ors. AFFIDAVIT |, Akash Dahare, S/o Shri G.L. Dahare Aged about 32 years, posted as Nayab Tehsildar Tehsil Saikheda, O/o Tehsildar Office Saikheda, Tehsil Saikheda (M.P.), do hereby state on oath and solemnly affirm as under:~ en ls € ‘gYhat, | am the Nayab Tehsildar, Tehsil Saikheda and as such I am well xfonversant with the facts of the case and therefore, competent to swear this affidavit, 2 That the accompanying compliance report has been drafted as per my instructions and also explained to me. 3. That the contents of para 1 to end of accompanying compliance report are true to my knowledge based upon official records and the legal averments made therein are true on the legal advice received and believed to be true, edieced ite BA Pl ag Gee Soskh le -P) aR eer mer cen «Sas KA bo z parce ter sneer a 7h SEAT : ras TTAT ior VERIFICATION : rt gsi, MTS fora fran anal #°ROMRslsRAFIBed sdepgnent do hereby verify that the content of para 1 to MIATA YAN, WTP AHAN AAP HT to my: y personal knowledge and belief. Bee / SH sf fee | (eR eried and signed on this 2)" day of 3(PMa¢e2022 at Bhopal (M.P) ior ae Real emer TART, MITE lL.” DEPONENT IDENTIFIED BY ME ell MAIL ADDRES: CMOSAIKHEDAG@MPURBAN,GOV.AN wisorrer ss0a20) anderen 11.29, p fw DY DUK a5 6) bce) faeed— crete Aa A ferry ay araicn ay Feeder wearer arera aeefverere eens uPA We ae +i 486, 467, 450/14 aR wnat O77 wt fata “era ae ores YA A afar een ae care onVaT gyfer rar seRt aifao. siftrarin yf amr enftied viele avai safe fe Mee see wy arHeT HT fees A ona favo Perper wrianh PPL SRE HE RTE, [< ure ha rr YB. 57.G)../ AMAME, / 2022 angst Hie 25 pf w22 afater 1 gare rere spre afer are aie ree aertref 1 . craven rine; ae Pera UR AEST ae faqa:— arena & faraterta uri Hg d a A 456, 457, 458/14 ART OTST YA A aifaH var aifai aife a AAT RET a after anasi @ Ent pa FHA 6.777 ar aaa Ware a) reser arena § ang ar aie) afta fear ot wer BAe aT “ne wt Rae 4. wine akee uneist 4 EN ofan; @ west Prenaehiege {FOA@MPURBAN.GOV.IN Wt=107701-250320) 5 frain29 9. J 202 “coma ADDRES. CMMOSAIK pian 72022 afer hy farersy sas te Hy farrarestey ph af ime onfee B Ted SAT aie 3 aft ®. 160000 wu Wh ale we PD gi 051 / 1121/2109 ADDITIANONAL SECRETARY I NVIRONME! NT DEPARTMENT ae MoH ator wT A WA ae IU tag ered ert) yfact er KHEDA@MPURBAN,GOV.IN 107791~250320) ages F215 29/, i Z 2 ease alee 2 atl aa fdea— ange ar an aay Pran/ve ae arena 4 gafta fea art @ wader a Fawererstar anger qi Ayer Prem tay on Re ory orf fe cro 3 rnfta 8 oy ents aif We ora We FIR s PD wante 4 051/1121/2109 ADDITIANONAL SECRETARY ENVIRONMENT DEPARTMENT f mare dea A rT ae oruen ah Refa a omg ay cee ert) ara Pai TA Se. Sea Tea sy alas we &. 160000 BRT YB. FIGS... / TOY / 2022 wfaferfa:— 1 wee aera PR aRee & eater sp, ye TW Was uke aaer fire arRiayy ay. RESS Faes NHEDA@MPURBAN.GOV.IN WHI 0791-250320) 4, 2022 wR, Ria 2/9. /2022 e/ raw 1961 SY MRT 487, 223 & sieht Yaa oF . 7H ae: 62.829 Jo Jeena, Wag ER set ya fa ore @ fH and gt aeeariz rare fe YR ater oe wh oARe aT Amit Ren oiaR wear ce 4 at 8 dita wm) sa a a areRarig WERT ERI Vosfiogto A wae cay flat Fy ford ompR ama ERT fea 7a after grat urn é cen vt ga fe ae ond su ofrifta fs wg or pra eat GAT & 1 OG ST ET Vs oT og se fe wR AG seme sca. fila feat wa wor fe eae afteea cen sat Patt ayer onfe afice ufet 3 fear } sax aaa 4 caftea dex ot Seq 3a farta Refs ¥ aera waa mgT a ae at ae a amd Aas seca omit & sinha orfard f oti fora wT var ara are FT| 7 2) air eae Sat yo wri £94 paaent /2002 wget, Rare 2/5/2022 wifafertt: 1, waaee wate RRR A otk Gaal ree wea 2. srgfrantta sitar ord means a sie AERA wey TAT YAVNEXUEE C-9, (wy ame fae aeeasi fara— ane ufene gre urat va Dale agg fertin 02/09/2022 % Gard arac{ | weed Th, Pres & fs yo aor often a rear A aftr UPA srert Bg shfea fen wen é Pre ware ag anod waa A RGA | fore oir oe are wars ar ga & oe AR grat eater ra fSreTa aA errr 70 af yd Ht 1g @ fot arg ray Prafor =téh rar wraL HTEHTA ae aTreATa fra ih cor 15 re Baim & ang at A eons a sara } woo A oT fave owen & Pore aera Hater eh oe ar wg aver A asl ata AR oH fd 3 faze ards am ard el at gor & ferent at oe a fra aa ors Arca ards & ore Ren ven B Bret akg A aA areas Ha otra a ART Prova franc ae oe #1 Bee ea APM cediorere Helo aver fee wet ET co Foren Pree A rare egal Foran ae ore arora ohh ePBIGA eere A AAT Aan eer or fap ey ed Pw A ea arr she oe axa aeHk wei on fore gh carn Port or area ae BMT eT Stet wR arpa KRW avai at safes ore fara &1 ge, cee aren, ope ore ek we er veh oA) mre hr sifeerOT s&h fave aren wh gee Ops are at FAT OTT eras eerrt— sort ot ATMC33 VL « % % yar PETTY Oh nae horg DS eee 7 3 ¢sse secre Pag Peart erate ar agave aera Qe caine Paar andy ago amstarct Post aeParge arat af.3 ad mbar angst ato mrsvarer Af) SSSI 870 GANT agave dar BAY Yara Qe a Pow wary ara? oh euP om, fh Pad aerate aberrath 8 wear at Pa eePore are are ora Ray ce or aaedta set 8 wha ot gaia gar at ar ae eu bard Pad 2p orerat qe omar arr winter ar acart eh) & are & 8 ab nora are ge cat ar Aut ot ga era? 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Srea- oreiege (4.0. i a4 ¥ bs a a 8: | Lopenber Bar ara BB eget ewer/ lr yore ar PG ase we TOY PAB) By ora Cee a a ANNEXVRE C-3 & orfva cafe w arinfire gusifran WAST / eaW /mSeva2 [gwst WONG / 163 / yor / 2022 uigasr feata:—o7 /09 / 2022 ofa, unre erefa efter uiftreeor (NGT) ba aren, alae fera—aveRarig crea widest H sifteerer were a vide Hy es wren fauuicnia cea & fis, aeRarie arena Aron wisest yozo-io 09 woPoyo widest Rert yf¥ worio 456, 457, 458/1 Ge Wa 6.777 errata aera Ae A aol 8) forever Males fataq Waied

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