SUBHASH C. PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS application filed under Section 14 of the NGT Act, 2010 by the Applicant, has raised the grievance with regard to inaction on the part of the Respondents by failing to implement the mandate of 33 mtrs. No Construction Zone as well as maintaining 33 mtrs green belt area from the boundary of the river course and in the instant case, the river Kaliasote at Bhopal and consequently causing harm to the environment and also giving rise to the pollution in the river as a result of non -implementation of the sewage and municipal solid waste disposal laws. It is submitted that in the recent past several parties who have carried out developmental works in the form of construction and real estate development by developing residential complexes and townships have paid scant regard for maintaining 33 mtrs. distance from the edge of the river course as also developing of the green belt along the said 33 mtrs. distance from the river course.

(2.) VIDE order dated 15.05.2014, after considering the above averments, notices were ordered to be issued and at the same time, interim order was also issued directing the Respondent No. 4 Department of Town & Country Planning, Bhopal for carrying out the inspection of the premises of the builders/developers enumerated from 1 to 20 at Annexure 6 and submit whether the 33 mtrs. distance from the river front for maintaining the No Construction Zone as well as developing the same as a green belt has been carried out or not.

(3.) BEFORE we advert further, we may also note that it is also not in dispute that in the Bhopal Development Plan, it is specifically mentioned at Para 4.47 that