‘Bhumi, Gagan, Vau, Agni, Neer’, NGT Explains ‘Bhagwan’ In Illegal Encroachment Of Water Bodies Case

Observing that nobody has the right to create pollution endangering the life of others for commercial activities, the principal bench of National Green Tribunal (NGT) recently explained the elements which constitutes the term ‘Bhagwan’ in a case concerning illegal encroachment of over 91 water bodies in Meerut district.

The bench of Acting Chairperson Justice S.K. Singh, Justice Arun Kumar Tyagi, Dr. A. Senthil Vel said, “This universe and living beings are creation of almighty called Bhagwan which means and includes” Chiti, Jal, Pawak, Gagan, Sameera, Panch Rachit Yah Adham Sareera. These five words signify five elements of life:-

Bha = Bhumi

Ga = Gagan

Wa = Vau

Aa = Agni

Na = Neer.”

When the nature cycle of all five is disturbed due to mixing of poisonous or harmful material, it is nature of pollution, added the bench.

The NGT further explained that it cannot be disputed that no development is possible without some adverse effect on the ecology and environment, and the projects of public utility cannot be abandoned and it is necessary to adjust the interest of the people as well as the necessity to maintain the environment. A balance has to be struck between the two interests, said the Tribunal.

The Tribunal was hearing the plea filed against illegal encroachment of water bodies in Meerut. It was alleged that unregulated and unplanned construction has been done on both sides of the River and ponds, which is continuous and increasing rapidly.

In some places illegal colonies were developed by the local land mafia encroaching the bank of the river causing enormous pollution and disturbing the natural steams of the river and ponds, added the applicant.

Referring to Lt. Col. Sarvadaman Singh Oberoi vs Union of India & Ors., the Tribunal directed the District Magistrate (Meerut) and State Pollution Control Board to take further action for restoration of the water bodies and to ensure removal of encroachment of ponds.

The encroachments of temporary nature must be removed immediately and in case of construction of permanent nature, that shall be taken by the district authorities according to the rules, it added.

It also recommended the applicant to file individual case pond wise with the details of ponds and person who encroached the land, so that measurement, identification, and demarcation can be done and action shall be initiated against the person who have encroached the land.

Case Title: Vinod Kumar v. State of Uttar Pradesh