National Green Tribunal: Human Rights vs District Magistrate Ghaziabad

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Society For Voice Of Human Rights And ... vs District Magistrate Ghaziabad on 24 March, 2026

Item No. 07 Court No. 1

           BEFORE THE NATIONAL GREEN TRIBUNAL
               PRINCIPAL BENCH, NEW DELHI

                  Original Application No. 737/2023
                  (IA No 68/2024, IA No 472/2024)

Society for Voice of Human Rights and Justice
& Anr. Applicant(s)

                              Versus

Director Mahalaxmi Land and Finance Company
& Ors. Respondent(s)

Date of hearing: 24.03.2026

CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

Applicant: Ms. Deeksha Gaur, Adv. for the Applicant (Through VC)
Respondents: Mr. Bhanwar Pal Singh Jadon, Ms. Gargi Chaturvedi & Ms. Anjali
Sharma, Advs. for Respondents No. 3 & 6 to 10.
Mr. Yagyawalkya Singh, Adv. for Respondent No. 4 (Through VC)
Mr. Malak Bhatt & Ms. Sukanya Joshi, Advs. for Respondent No. 5 -
Ghaziabad Nagar Nigam

                                 ORDER 1.    The applicant, in this original application, has raised the issue that

survey nos. 2476 and 1564 comprising an area of 0.961 acres, are jheel as

per the revenue record, but the residential construction has been raised

on the land of the water body by respondent no.1- Director Mahalaxmi

Land and Finance Company and respondent no.2- Nitin Kocher.

1. In respect of service of notice on respondent nos. 1 and 2, Learned

Counsel for the State has referred to the report of the District Magistrate,

Ghaziabad dated 08.12.2025 and has pointed out that service on

respondent no.1 has been effected through affixture and service on

respondent no.2 has been done through WhatsApp and acknowledgment

of which has also been placed on record with the response of the

respondent no.2 to the WhatsApp service on page 376.

1. Learned Counsel for the State has referred to the affidavit of District

Magistrate, Ghaziabad dated 09.09.2024 wherein the material showing 1 that khasra no. 1564 is a jheel and no water body exists on khasra no.

2476 has been mentioned as follows :-

"3. It is submitted to this Hon'ble Tribunal with utmost regard and veracity
that the undersigned had submitted a report dated 08.05.2024 in
compliance of the Hon'ble Tribunal's order dated 01.03.2024, outlining
the details of the Khasra No. 2476 and 1564. That in this report the
Sub-Divisional Magistrate (hereinafter referred to as S.D.M.) vide letter
no. 4085/ST-SDM/2024 dated 08.05.2024 has elaborated and
brought to this Hon'ble Tribunal's notice about the current nature of
the Khasra No. 1564 and 2476 have been described as given below:

A. Khasra No. 1564- That this land with an area of 0.961 ha in village
Pasunda Pargana, Loni Tehsil & District Ghaziabad. It is cognate to
emphasize the fact here that as per the Extract of Khatauni annexed
in the report of 08.05.2024. It is clear and evident that the current
nature of the land maintained by the Bhulekh, Uttar Pradesh is that
of a Jheel (annexure on pg. no. 68-69 of the Judicial File). That the
relevant paragraph with regard to this has been mentioned
hereinunder (pg. no. 65 of the Judicial File)-

"खसरा संख्या 1564 क्षेत्रफल 0.961 है० ग्राम पसौंडा परगना लोनी तहसील व
जिला गाजियाबाद की वततमान खतौनी फसली वर्त 1430-1435 के खाता संख्या
3623 पर झील के नाम अंककत है । प्रश्नगत खसरा नं० की भूमम पर लगभग
40 वर्ों से सघन आबादी बनी हुयी है जिसमें लगभग 80 मकान पूवत से बने हुये
हैं। मौके का फोटो, खतौनी व सुपर इम्पोिनक्शे की छायाप्रतत संचग्रक 1 है।"
B. Khasra No. 2476- That this land spread in an area of 0.0760 ha
village Pasunda Pargana Loni, Tehsil & District Ghaziabad is
declared under the name of Hindon Air Field (Indian Air Force) and
also presently the said land under the Khasra No. 2476 is within
the boundary of the Indian Air Force owned land. It is pertinent to
mention here that this land was never under the category or nature
of any Jheel or Pond since the time such records were maintained.
That the relevant paragraph has been mentioned below for this
Hon'ble Tribunal's assistance (pg. no. 65 of the Judicial File)-

"खसरा संख्या 2476 क्षेत्रफल 0.0760 है० ग्राम पसौंडा परगना लोनी तहसील व
जिला गाजियाबाद की वततमान खतौनी फसली वर्त 1430-1435 के खाता संख्या
3647 पर हहण्डन एयर कफल्ड (भारतीय वायु सेना) के नाम अंककत है तथा मौके
पर भी उक्त खसरा नं० की भूमम भारतीय वायुसेना की बाउण्री के अन्दर है।
उक्त भूमम तालाब । झील की भूमम नहीं रही है।"
4. He has also referred to the background of litigation in respect of

khasra no. 1564 admeasuring 0.961 hectare as under:-

2 "5. It is material to state here about the background and historical context
of the litigations that have been adjudicated and decided related to
the land in question i.e., Khasra No. 1564. That the same are given
date wise hereinunder:

i) 08.08.1979- Mahalaxmi Land & Finance Co. Pvt. Ltd. (hereinafter
referred to as Mahalaxmi) filed a case before the then Sub Divisional
Officer or S.D.O., Ghaziabad for getting the said land registered
under their name. It was ordered by the S.D.O., Ghaziabad to name
it as 'Abadi'.

ii) YEAR 1983- The same case was again filed before the S.D.M.,
Ghaziabad who overruled the earlier order and named the land in
question as 'Colony Mahalaxmi Land & Finance Co. Pvt. Ltd abadi.

iii) 23.03.1985-The said case was enquired by the S.D.M. who named
it as 'Abadi' again.

iv) 12.06.1985- Mahalaxmi then approached the Additional
Commissioner, Meerut Division for setting aside the above order
dated 23.03.2985. The then Additional Commissioner, Meerut
Division ruled in favour of Mahalaxmi and put the land under their
name.

v) 29.08.1996- The Nagar Nigam approached the Hon'ble Board of
Revenue for directing an order in the matter of the said land. The
Board ruled for setting aside all the above orders and categorized
this land as a Government Land.

vi) 30.09.1996- Mahalaxmi filed a Writ Petition No. 1993/1996 before
the High Court (hereinafter referred to as H.C.). The H.C. passed an
order dated 30.09.1996 to set aside above quoted order dated
29.08.1996 and remanded back the matter to the S.D.M.,
Ghaziabad for fresh hearing u/s 33/39 (now sections 32/38) of the
Uttar Pradesh Revenue Code.
vii) 15.10.1999-S.D.M. taking cognizance of the matter passed an order
to declare the land under the category of only 'Abadi'.

viii) 13.07.2000- Mahalaxmi went to Additional Commissioner, Meerut
Division against the above impugned order of S.D.M., Ghaziabad
dated 15.10.1999. The Additional Commissioner, Meerut Division
passed an order to set the S.D.M., Ghaziabad order aside and
named the land as 'Colony Mahalaxmi Land & Finance Co. Pvt. Ltd
abadi.

ix) 28.11.2001- Nagar Nigam in the year 2001 approached the Hon'ble
Board of Revenue to take the matter into consideration. The Hon'ble
Board of Revenue dismissed the appeal of Nagar Nigam.

x) YEAR 2002- Nagar Nigam filed a Writ Petition No. 11754/2002
before the Hon'ble High Court, Allahabad Bench, Uttar Pradesh in
which the H.C. passed an order to put a stay on the order cited
above dated 28.11.2001.

TRUE COPY OF THE ORDER OF THE H.C. IN WRIT PETITION NO.
11754/2002 HAS BEEN ANNEXED HEREIN AS ANNEXURE R1

xi) YEAR 2005- An application was filed to the Chief Minister of Uttar
Pradesh for making them aware of the true nature of the Khasra No.
1564 which is a Jheel and therefore, that it is neither Abadi nor
Colony Mahalaxmi Land & Finance Co. Pvt. Ltd abadi.

3 xii) 12.12.2005- In response to the above upon the direction of Special
Secretary to the Chief Minister, State of Uttar Pradesh, an enquiry
was conducted by the then Tehsildar and it was found in his report
that all the subsequent entries until now were forged which have to
be rectified in reference to Khasra No. 1564 which was finally
named or classified as a Jheel.

TRUE COPY OF THE LETTER DATED 12.12.2005 BY THE THEN
TEHSILDAR HAS BEEN ANNEXED HEREIN AS ANNEXURE R2

xiii) 19.12.2005- The then S.D.M. Mr. Dharmendra Pratap Singh vide
letter no. 8/2005-06 dated 19.12.2005 took cognizance of the
matter after examining the report dated 12.12.2005 filed by the
Tehsildar and passed an order exercising the power given to him by
the then Sections 33 & 39 (now Sections 32 & 38) of the Uttar
Pradesh Revenue Code, 2006. In the said order it was Ordered by
the S.D.M. that the land in question before this Hon'ble Tribunal is
of the true nature of a Jheel and therefore, any other name in the
Khasra No. 1564 must be repealed or omitted and it should be
categorized as a 'Jheel'.

TRUE COPY OF THE LETTER NO. 8/2005-06 DATED 19.12.2005
BY THE S.D.M. HAS BEEN ANNEXED HEREIN AS ANNEXURE R3"

1. As per the above disclosure, writ petition no. 11754/2002 is pending

before the High Court, Allahabad. A copy of the said writ petition has been

placed on record on page 395.

1. Learned Counsel for the applicant seeks four weeks' time to examine

if pending writ petition involves the issue of the nature of land in khasra

no.1564 as to whether it is a water body or abadi land.

1. List on 15.07.2026.

Prakash Shrivastava, CP

Dr. A. Senthil Vel, EM

Dr. Afroz Ahmad, EM
March 24, 2026
Original Application No. 737/2023
(IA No 68/2024, IA No 472/2024)
JG.
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