NGT Orders Action on Encroachments Over Drains in Rishikesh’s Muni Ki Reti

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

The case was initiated on a complaint filed by the Centre for Holistic Development which flagged obstruction and construction over two traditional ravines that carry stormwater during the monsoon from the Himalayan slopes toward the river.

According to the applicant, shopkeepers and local residents, in collusion with authorities, had raised construction directly on the drains, causing ecological damage and increasing the risk of flooding during heavy rainfall.

The Tribunal had earlier constituted a joint committee on 03.04.2025 consisting of 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 visiting the site, identifying the extent of encroachment and recommending measures to restore the natural drainage system. The joint inspection took place on 30.05.2025 and focussed on two drains on the left side of the Shivanand Ashram, both of which are marked as drains in the historical revenue maps of Mauja Muni Ki Reti. The committee found that the first drain had been encroached upon by a shop owner, but the construction had already been removed by the individual concerned.

However, the second drain was found to contain seven residential constructions raised by different individuals on government land. The committee recorded that these constructions were obstructing the natural drainage of rainwater and altering the functioning of the stormwater channel.

The individuals identified in the joint report were Chandrashekhar son of Ramkumar with a covered area of sixteen square metres, Pawan Kumar son of Ramkumar with eighteen square metres, Arjun son of Ramkumar with forty eight square metres, Jitendra son of Magan Singh with forty four square metres, Naveen Kumar son of Chandrashekhar with thirty five square metres, Vijayram son of Kanuram with thirty square metres and Manoj son of Beenu Paswan with thirty square metres.

All seven have been challaned under Section 4(1) of the Uttar Pradesh Public Land (Eviction and Recovery of Rent) Act 1972 as applicable to Uttarakhand. Separate cases have been filed against each of them before the prescribed authority at Narendra Nagar and objections are currently pending.

The District Magistrate informed the Tribunal that further action will be taken in accordance with law after giving all encroachers due opportunity of hearing.

During the hearing the applicant pointed out that the local Municipal Corporation had constructed a garbage collection centre in front of the drain which, according to them, was itself acting as an obstruction. The Tribunal has directed the District Magistrate to inspect the site and determine whether the garbage collection facility is located on the drain or is impeding the flow of stormwater.

If the allegation is found to be correct the District Magistrate has been instructed to take appropriate corrective measures without delay. The Tribunal further directed that all corrective and enforcement steps, including ensuring compliance with natural justice requirements, should be completed within three months. An action taken report is to be filed before the Registrar General of the Tribunal immediately after completion of the process.

The Tribunal specified that the report must be submitted in a searchable PDF or OCR supported format. The Tribunal added that if required the matter will be listed again for further consideration after the report is received.

With these directions the Tribunal disposed of the original application, while retaining the option to re-list the matter if circumstances require.

Counsel(s) Appearing: Kamlesh Kr. Mishra and Ms. Renu, Advs. for the applicant, Kaushal Gautam, AAG for DM, Tehri Garhwal for the respondent

Case Title: Centre for Holistic Development v. Government of Uttarakhand and Others

Date of Order: 06.11.2025

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