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In this case of Jitendra Singh Vs. Ministry of Environment & ors, an appeal was filed in the supreme court against the order of the Principal Bench of the National Green Tribunal (NGT), whereby appellant’s grievance against allotment of local ponds to private industrialists has been dismissed summarily without any adjudication of the merits, but merely on the basis of an affidavit filed by Respondent No. 5 (Greater Noida Industrial Development Authority – hereinafter “GNIDA”) claiming that it was developing bigger alternative waterbodies. In this case appellant is a permanent resident of village Saini, tehsil Dadri, of district Gautam Budh Nagar, which falls in the National Capital Region. He alleges that the Original Application before the NGT was triggered when around 18.01.2017 the agents of a private entity (Respondent No. 6 M/s Sharp Enterprises Pvt. Ltd. Hereinafter “Sharp”) using excavataors and other heavy machinery attempted to forcibly takeover possession of a ‘common pond’, which had been in use by local villagers for a century. This was objected to by the villagers, and the appellant subsequently made a complaint on 25.01.2017 to various authorities including the District Collector. Pointing out revenue records which elucidate the commonsstatus of the ponds, he sought directions to restrain Sharp and its agents. However, there was no action on his representation for more than 10 days, leading to another attempt by Sharp at dispossession, compelling the appellant to seek police help. A few days later, he submitted another representation to the Collector, but to no avail. Aggrieved, he was left with no recourse but to approach the NGT by way of an Original Application under Section 14 (read with Sections 15 and 18) of the NGT Act for adjudication of these environmental issues. The NGT took note of the representation of constructing alternate pond, and held that appellant’s substantial grievance had been redressed. It accordingly dismissed his application, without venturing into the merits or the lis of the dispute.
Further an appeal was filed by the appellant in the Supreme court challenging the decision of the NGT, the Supreme court after carefully scrutinizing the facts held “we allow the appeal and set aside the impugned order passed by the NGT. The allotment of all water bodies (both ponds and canals), including Khasra Nos. 552 and 490 to Respondent No. 6, or any other similar third party in village Saini, tehsil Dadari, district Gautam Budh Nagar is held to be illegal and the same is hereby quashed. Since this Court has on 15.07.2019 already directed the parties to maintain status quo, Respondent Nos. 1 to 5 shall restore, maintain and protect the subject water bodies in village Saini. Respondents are further directed to remove all obstructions from the catchment area through which natural water accumulates in the village ponds, all within a period of three months.”
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