Supreme Court Criticises Uttar Pradesh Govt For Non-Compliance With Order To Investigate Illegal Filling Of Water Bodies

The Supreme Court recently (January 17) expressed displeasure over the non-compliance by the State of Uttar Pradesh with the Court's direction to investigate and submit a report on instances of illegal filling of water bodies in Bijnor District.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan noted that despite orders passed on July 16, 2024, and November 22, 2024, the Committee failed to comply with the directions. The Court directed the Secretary of the Ministry of Environment of Uttar Pradesh to submit a personal affidavit detailing the progress made in compliance with the July 16, 2024, order.“Notwithstanding clear orders dated 16th July, 2024 and 22nd November, 2024, the Committee appointed by the State of Uttar Pradesh has not complied with the directions issued by this Court. The State has not shown elementary courtesy of making an application for extension of time for complying with the orders passed by this Court. We direct the Secretary of the Ministry of Environment of the State of Uttar Pradesh to file his personal affidavit placing on record the details of the work carried out as of date in terms of the order dated 16th July, 2024.”The affidavit is to be filed by January 24, 2025. The matter has been listed for further hearing on February 7, 2025.The July 16, 2024, order stemmed from a case involving the protection and restoration of water bodies in Tehsil Nagina, District Bijnor, Uttar Pradesh. The Court, emphasizing the State's constitutional duty to safeguard water bodies, directed the constitution of a committee to investigate instances of illegal filling of water bodies in the region. The direction came in an appeal by one Mirza Abid Beg against an order of the National Green Tribunal (NGT).The appellant had brought to light instances where ponds, lakes, and water bodies were filled with garbage and encroached upon for illegal constructions. Dissatisfied with the NGT's handling of the matter, the Supreme Court directed a comprehensive investigation by a committee comprising of senior officials from the Revenue Department, Environment Department, and State Pollution Control Board. The Court mandated that the committee review old revenue records, conduct site visits, and propose measures for restoration. Copies of the committee's findings were required to be submitted to the Court, with the first report initially due by November 15, 2024.On November 22, 2024, the Court granted the State an extension of one month to file the report in compliance with the Supreme Court's July 16, 2024 order. At that time, counsel for the State had assured the Court that the report would be submitted within the extended period. However, the state failed to submit the report within the stipulated time.Case no. – Civil Appeal No(s). 1904/2020Case Title – Mirza Abid Beg v. State of UP & Ors.Click Here To Read/Download Order

Supreme Court Criticises Uttar Pradesh Govt For Non-Compliance With Order To Investigate Illegal Filling Of Water Bodies

Amisha Shrivastava

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