'NGT Could Not Have Ignored Decree Affirmed By Supreme Court' : SC Allows Housing Society's Appeal

The Supreme Court on March 22 allowed the appeal filed by the Shramjeevi housing society, which had challenged the decision of the NGT to halt construction near Teliya lake in Mandsaur. The NGT had ordered the construction to be stopped on the grounds that the land fell within a submergence area. However, the housing society argued that they had previously received permission for the construction and that the land was not actually in a submergence area. The Supreme Court sided with the housing society and overturned the decision of the NGT, allowing the construction to proceed. The decision was based on the ground that the issue of whether the sanction of conversion of land from agricultural to non- agricultural use owned by the society should be canceled because it fell within the submerged area had already been decreed in favour of the society and the same was affirmed by the Supreme Court.The bench comprising of Justice S. Ravindra Bhat and Justice Dipankar Datta said that, “When the NGT was made aware of this fact, it chose to ignore it.”The Court also noted that,“the map on which the NGT based its main order, was only a proposal and not the final map.”The appeal was filed in the Supreme Court under Section 22 of the NGT Act, and by way of a special leave petition (SLP) by the housing society and other affected parties. The appeal questions various orders of the NGT which directed the Nagar Palika Parishad of Mandsaur to stop granting permission for the construction of properties near the man-made lake called "Teliya Talab" in the city.Factual BackgroundDinesh Joshi filed an original application before the NGT to seek directions for the protection and conservation of Teliya lake in Mandsaur, MP. The applicant alleged that the authorities, i.e., the Parishad and the State, had granted construction permissions to various private parties, resulting in the depletion of the lake's area and reducing the availability of surface water. Additionally, the applicant highlighted that untreated domestic waste and industrial effluents were being discharged or dumped into the lake.By its order dated 17.02.2016 (main order), the NGT took note of the reply filed by Parishad and the Town and Country Planning Department (TCD), in which they referred to a 'revenue trace map' to assert that the land over which construction permission was given (Khasra No. 1238) fell within both the 'Full Water Line' (FWL) and the 'Maximum Water Line' (MWL). The NGT observed that if water levels were allowed to reach the MWL, the land would be submerged, as it falls within the catchment area. Therefore, the NGT concluded that construction could not be allowed.All the appellants, except for the appellant in the appeal by special leave, filed a review petition stating that they had previously received permission from the Parishad and that a Development Plan had been sanctioned in 2003. They further argued that this plan included a green area adjacent to the lake and a public road beyond it, and that their lands were located beyond this road. They requested the NGT to review its order, as they had not been given a chance to be heard before the main order was made.The appellant housing society (the society) argued that their lands were allotted to them a long time ago for the purpose of constructing residential units for their members, who were workers from the poorer segments of society. They also stated that the land use had been the subject of a previous litigation, in which the state authorities had canceled the conversion certificate on the grounds that the land was in a submergence area. The society had filed a suit for the same, and it was decreed by the trial court of Mandsaur and later affirmed by the High Court and Supreme Court.The review petition filed before NGT questioning the order of cancellation of permission of construction was dismissed.Thereafter, The Collector constituted a committee of seven officials from the revenue department for the purposes of investigating and submitting the latest report with respect to the boundaries of the lake. Based upon the report received, the Collector issued an order stating that the colonies situated outside the MWL signs are not submerged and hence,construction permission can be given to the colonies situated outside the signs. The application objecting the order and demarcation of the submergence area was filed by the same applicant who had filed the original application.The applicant’s grievance was that the NGT had prohibited any construction in the water bound area and within limits of the MWL and FWL of the talab. The applicant submitted that the map prepared subsequently and taken on record by the Collector's order, could not be sustained. The MPPCB in its reply stated that the alteration of the boundaries of the lake did not fall within its jurisdiction. It was stated, however, that the Board had issued notice to the Parishad from time to time to comply with provisions of the...

'NGT Could Not Have Ignored Decree Affirmed By Supreme Court' : SC Allows Housing Society's Appeal

Aiman J. Chishti

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