Order of the National Green Tribunal regarding preservation and rejuvenation of Khokhari river, a rain - fed tributary of river Yamuna at Shamli and Saharanpur districts of Uttar Pradesh, 01/04/2025
Order of the National Green Tribunal in the matter of Amit Kumar Vs State of Uttar Pradesh & Others dated 01/04/2025. In the application, the tribunal is considering the issue of preservation and rejuvenation of Khokhari river, a rain - fed tributary of river Yamuna at Shamli and Saharanpur districts of Uttar Pradesh. There is also an allegation of encroachment and pollution in the river. On March 1, 2024 notices were issued to the respondents.
When the matter was listed on May 10, 2024, a direction was issued to District Magistrate, Shamli and District Magistrate, Saharanpur to prepare a time bound action plan for restoration of the river and submit it before the Tribunal. When the matter was taken up on the next date on August 27, 2024 it was found that the District Magistrates of Shamli and Saharanpur had not filed the response.
On the next date, December 6, 2024, it was noticed that neither the District Magistrate Shamli had appeared virtually nor had filed the proper report. The report filed on behalf of District Magistrate, Shamli was unsigned and was vague and did not give the complete particulars mentioned in the order. Accordingly, the Tribunal had directed the District Magistrate, Shamli and District Magistrate, Saharanpur to file additional reports by way of their own affidavit giving all the requisite details.
Again, a default has been committed by the District Magistrate, Shamli and no report on his behalf supported by his own affidavit giving the requisite details has been filed. One report has been placed on record, on behalf of the Chief Development Officer, Shamli, but this is not a report on behalf of the District Magistrate, Shamli nor it is supported by the affidavit of the District Magistrate, Shamli.
"Thus, we find that the District Magistrate, Shamli has repeatedly ignored the order of the Tribunal and has committed repeated default in submitting the proper report as a result of which this matter is being delayed and time of the Tribunal is unnecessarily wasted," the order said.
NGT, imposed a cost of Rs 10,000 upon the District Magistrate, Shamli for non compliance of the earlier orders of the court. The NGT granted four weeks time to the District Magistrate, Shamli to file the reply keeping in view the observations made in the previous orders.