The National Green Tribunal (NGT) has disposed of a Suo Motu application related to illegal encroachment on the Utangan river passing through Fatehabad in Agra.
The application is registered suo motu on the basis of the news item appearing in the newspaper dated 02.05.2024.
As per the news item, construction of a resort has been going on for three years and a permanent bridge was also built illegally across the river. A road has been developed encroaching the land and the gate put up the said permanent bridge constructed by the resort owner is obstructing the water. The resort is also being built in submerged area of the Bah Tehsil.
Based on the above said news item, taken suo motu the parties were impleaded which included UPPCB, CPCB, MoEF & CC and DM, Agra and response was sought.
The District Magistrate (DM) of Agra and the Uttar Pradesh Pollution Control Board (UPPCB) submitted responses to the tribunal. Key findings include:
1. The Utangan River flows between Tehsil Fatehabad and Tehsil Bah in Agra.
2. The resort is constructed on non-agricultural land, converted from agricultural use in 2020.
3. The UPPCB granted consent to establish the resort in June 2022.
4. The Executive Engineer, Lower Khand Agra Canal, informed that the floodplain zone of the Utangan River has not been identified.
5. The Divisional Forest Officer, Agra, reported no concrete road construction in the forest land.
The Counsel for the DM, Agra has informed the Division Bench of Justice Arun Kumar Tyagi and Dr. A. Senthil Vel that the administration has got the bridge demolished and also the gates. Photographs pertaining to the above removal of the bridge and the gate have also been shown to the NGT.
In view of the above action taken by DM, Agra and UPPCB, the NGT disposed of the matter directing the concerned authorities to take necessary action in accordance with all relevant norms including the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016 and accordingly the matter is disposed of.