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Apex court rescues water

bodies in Uttar Pradesh

n a far-reaching judgement, the Now the sword of action Authority allotted these water bodies to
Supreme Court judgement disap- M/s Sharpe Enterprises, which are vir-
proved the policy to attract pri- is hanging over many private tually vested in the Village Panchayat
vate investments compromising investors who have changed for common use. However, NGT did not
I naturalwater bodies. The Court enter into examine merits of his pleas
struck down the 2016 policy of the Ut- the original nature of water lawfully and summarily dismissed
tar Pradesh government being violator bodies after acquiring his petition accepting the affidavit of
of Constitutional principles, which al- possession under the new govt Greater Noida Authority that resulted
lowed private investors to build their in an appeal before the apex court un-
projects extinguishing local ponds and policy, reports mudit mathur der NGT Act.
canals on the condition of developing Relying the dictum of apex court
alternative water bodies elsewhere. pond for a century; they made a com- judgement in Hinch Lal Tiwari v. Ka-
Now the sword of action is hanging plaint on January 25, 2017, to various mala Devi, a case wherein apex Court
over many private investors who have authorities including the District Col- settled that, “ponds’ were a public util-
changed the original nature of water lector for restraining Sharp Enterprises ity meant for common use and held
bodies after acquiring possession. and its agents. However, they took no that they could not be allotted or com-
The Greater Noida Authority had ac- action. mercialised. It had refused to give any
quired a large chunk of land under the The judgment came on an appeal weight to similar arguments of the
Land Acquisition Act, 1894 for indus- filed by lawyer-environmentalist Ji- pond having become leveled, with
trial development. Subsequently, these tendra Singh, a local resident of village merely some portion getting covered
acquired lands (including some local Saini, Dadri under National Capital Re- during the rainy season by water.” The
ponds) were leased to private industri- gion, against the order of the National Bench quoted earlier judgement saying,
alists, including M/s Sharp Enterprises Green Tribunal (NGT) over allotment of “It is important to notice that the mate-
Pvt. Ltd in 2012. The villagers and envi- local ponds to private industrialists. The rial resources of the community like
ronment-friendly activists opposed the petitioner filed all the revenue records forests, tanks, ponds, hillock, mountain,
move when Sharpe Enterprises using obtained under the UP Consolidation of etc. are nature’s bounty. They maintain
excavators and other heavy machinery Holdings Act before the court success- a delicate ecological balance. They need
attempted to take over the possession fully exhibiting that Khasra Nos. 552 to be protected for a proper and healthy
of a ‘common pond’ forcibly on January (1140 sq. meters) and 490 (8470 sq. me- environment which enables people to
17, 2017. Pointing out revenue records ters) were ‘Pokhar’ (pond) and Khasra enjoy a quality life which is the essence
that clarify the common status of the Nos. 522 (1620 sq meters) and 676 (9804 of the guaranteed right under Article 21
ponds, the villagers had been using the sq.metres) were ‘Rajwaha’ (canal). The of the Constitution.”

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