Pranav B Prem

The National Green Tribunal has directed the District Magistrate of Tehri Garhwal to take action within three months against seven individuals who have allegedly encroached upon a seasonal drain in Muni Ki Reti, Rishikesh. The order came after a joint inspection confirmed that multiple residential structures had been raised on government land, obstructing the natural flow of stormwater toward the Ganga river.

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The proceedings stem from an application filed by the Centre for Holistic Development, highlighting encroachments over two traditional ravines that historically carry monsoon water from the Himalayan slopes into the river. It was alleged that shopkeepers and residents, in collusion with authorities, had constructed on these drains, resulting in ecological damage and increasing the risk of flooding during heavy rainfall.

Earlier, on 03 April 2025, the Tribunal had constituted a joint committee comprising representatives from the Central Pollution Control Board, the Uttarakhand State Pollution Control Board, the regional office of the Ministry of Environment, Forest and Climate Change in Dehradun, and the District Magistrate of New Tehri as the nodal authority. The committee was tasked with inspecting the site, identifying the extent of encroachments and recommending measures to restore the natural drainage system.

A joint inspection was carried out on 30 May 2025. The committee examined two drains located on the left side of the Shivanand Ashram, both marked as drains in historical revenue records of Mauja Muni Ki Reti. The committee’s report recorded that the first drain had earlier been encroached upon by a shop owner, but the construction had since been removed.

However, the second drain was found to contain seven residential constructions raised directly on government land. These constructions were found to block the natural movement of stormwater and alter the functioning of the drainage channel. The individuals identified in the joint report were:

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• Chandrashekhar son of Ramkumar – 16 sq. m

• Pawan Kumar son of Ramkumar – 18 sq. m

• Arjun son of Ramkumar – 48 sq. m

• Jitendra son of Magan Singh – 44 sq. m

• Naveen Kumar son of Chandrashekhar – 35 sq. m

• Vijayram son of Kanuram – 30 sq. m

• Manoj son of Beenu Paswan – 30 sq. m

All seven individuals have already been challaned under Section 4(1) of the Uttar Pradesh Public Land (Eviction and Recovery of Rent) Act, 1972, as applicable to Uttarakhand. Separate proceedings have been initiated before the prescribed authority at Narendra Nagar, and objections filed by the encroachers are currently pending. The District Magistrate informed the Tribunal that further steps would be taken after giving each encroacher a proper opportunity of hearing.

During the hearing, the applicant also alleged that the local Municipal Corporation had constructed a garbage collection centre directly in front of the drain, itself causing obstruction to the flow of stormwater. The Tribunal directed the District Magistrate to verify this allegation during inspection and to take corrective action immediately if the structure was found to interfere with the natural drainage channel.

The Tribunal ordered that all corrective actions, inquiries and enforcement measures must be completed within three months. It directed the District Magistrate to file an action taken report before the Registrar General of the Tribunal immediately after completion, specifying that the report must be submitted in searchable PDF/OCR-supported format. With these directions, the Tribunal disposed of the original application but clarified that the matter may be re-listed, if necessary, after the action taken report is filed.

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The NGT has directed the District Magistrate of Tehri Garhwal to complete all enforcement steps regarding the encroachments over the stormwater drain at Muni Ki Reti within three months and submit a detailed action taken report. The Tribunal has also ordered verification of the alleged obstruction caused by the Municipal Corporation’s garbage collection centre and mandated corrective action if required.

Appearance

Applicant: Mr. Kamlesh Kr. Mishra & Ms. Renu, Advs.

Respondent: Mr. Kaushal Gautam, AAG for DM, Tehri Garhwal

Cause Title: Centre for Holistic Development v. Government of Uttarakhand and Others
    
Case No: Original Application No. 133/2025

Coram: Justice Prakash Shrivastava, Chairperson; Dr Afroz Ahmad, Expert Member