Recently, the Supreme Court stated that the State has a constitutional obligation not only to safeguard water bodies within its jurisdiction but also to restore those that have been unlawfully filled in.

A bench comprising Justice Abhay S. Oka and Justice Augustine George Masih directed the State of Uttar Pradesh to form a committee of senior officials to investigate cases of illegal filling of water bodies in Tehsil Nagina, District Bijnor.

“We must record here with a great deal of emphasis that it is the paramount duty of the State not only to protect the ponds/lakes/water bodies in the State but also to ensure that ponds/lakes/water bodies, which have been illegally filled in, are restored. It is the Constitutional duty of the State to do so. The Committee appointed by the Secretary, Ministry of Environment, will make a note of this obligation on the part of the State”, the court stated.

The court was addressing an appeal by Mirza Abid Beg against an order from the National Green Tribunal (NGT). The appellant had brought to the NGT's attention several instances where ponds, lakes, and other water bodies in Tehsil Nagina, District Bijnor, Uttar Pradesh, were being filled with garbage and subsequently encroached upon for illegal constructions.

Expressing dissatisfaction with the NGT's handling, the Supreme Court opined that the NGT should have kept the application pending for further scrutiny. Consequently, the Court directed the Secretary of the Ministry of Environment, Uttar Pradesh, to form a committee within three weeks.

This committee, comprising senior officials from the Revenue Department, Environment Department, and State Pollution Control Board, is tasked with thoroughly investigating the appellant's grievances.

The committee's mandate includes examining old revenue records to verify the existence of the ponds, lakes, and water bodies mentioned in the appellant's application. It is also instructed to conduct onsite visits to these locations and propose measures for their restoration. Initially focused on Tehsil Nagina, the committee's scope may later expand to cover additional districts.

The Court further ordered that copies of the committee's reports be submitted through the State of Uttar Pradesh, with the first report due by November 15, 2024. Additionally, the Court mandated that the appellant be given advance notice of inspection dates, allowing his presence during site visits. However, this permission is strictly limited to the appellant alone, without accompaniment by any other persons.

The Supreme Court scheduled the next hearing on November 22, 2024 to consider the committee's findings and progress in the matter.

Case no. – Civil Appeal No(s). 1904/2020

Case Title – Mirza Abid Beg v. State of UP & Ors.