National Green Tribunal
Abhisht Kusum Gupta vs Mr. Mukesh Agarwal on 6 November, 2020
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 1002/2018
(With reports dated 15.09.2020 & 05.11.2020 filed by NOIDA and
reports dated 15.05.2020 and 29.10.2020 filed by CPCB)
Abhisht Kusum Gupta Applicant
Versus
State of Uttar Pradesh & Ors. Respondent(s)
Date of hearing: 06.11.2020
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Abhisht Kusum Gupta, Applicant in person
Respondent(s): Mr. Aman Bhalla, Advocate for CPCB
Mr. Ravindra Kumar, Advocate for NOIDA Authority
Mr. Pradeep Misra and Mr. Daleep Dhyani, Advocates for UPPCB
Mr. Sumeet Pushkarna, Advocate for DJB
Mr. Balendu Shekhar, Advocate for EDMC and DPCC
Mr. Vishwajit Singh, Advocate for GNN
ORDER
1. The issue for consideration is the remedial action for preventing untreated sewage going to the "irrigation canal" in Sector 137, NOIDA.
One of the major reasons for discharge of untreated sewage is deficient STPs in 95 high rise buildings in Noida, apart from such discharge at some other locations.
2. The matter has been dealt with by various orders in the last two years, in the light of the reports of the Committee appointed by the 1 Tribunal, acknowledging deficiencies and recommending further action.
In the report of CPCB dated 01.11.2019, steps to be taken by NOIDA, Ghaziabad Nagar Nigam, Delhi Jal Board (DJB), East Delhi Municipal Corporation (EDMC) and Nagar Palika Parishad, Khoda Makanpur were mentioned as follows:-
Sl. Department Directions issued u/s 5 of EPA, 1986 No
1. NOIDA i. To develop time bound action plan to stop discharge of untreated wastewater to 30 drains.
ii. To intercept all drains and channelize wastewater to STPs so that no untreated wastewater is discharged to Noida drain.
iii. To deposit an Interim Environmental Compensation of Z 1,00,00,000
2. Ghaziabad i. To establish sewerage network and treatment Nagar Nigam facility to treat sewage generated from Khoda village.
ii. To Deposit an Interim Environmental Compensation of 1,00,00,000
3. DJB i. To initiate legal proceedings against the residents of GD colony, Gharauli village and Kondli village, Delhi having failed to take sewer connections. ii. To ensure that each building under their jurisdiction shall have sewer connection so that current practice of discharge of untreated sewage into storm water drainage system should be stopped.
4. EDMC i. To direct dairy farms to develop decentralized treatment facility so that their untreated waste shall not be discharged to DDA drainage system ii. To ensure that untreated dairy waste including animal dungs from Gharuli village should not be discharged into storm water drain. Challan / Legal action shall be initiated against such violators.
5. Nagar Palika Show cause notice issued to explain the reasons as Parishad to why action should not be taken against Nagar Khoda Palika Parishad Khoda including levying of Makanpur Environmental Compensation for discharge of untreated sewage to drainage system of Delhi. Copy of directions is attached as Annexure-I
3. The report further stated that CPCB called a meeting of the concerned Authorities and conducted inspection noticing high level of water pollution in the drains as follows:-
2Table 1: Analytical Results of Drain Si. Sample Location Physico-Chemical Bacteriological No. Parameters Parameters pH COD BOD TSS Total Fecal Coliform Coliform (MPN/100m (MPN/100m1)
1) Water Quality of Noida Drain at different locations
1. Budh Vihar, 7.56 444 219 330 13 79 X105 Sector-11, Noida X106
2. S-14, New Kondli 7.55 433 217 352 23 23 X106 Road, Sector-11, X106 Noida.
3. Sector-50, Noida 7.72 169 68 84 11 68 X105 Link Road. X106
4. Sector-137, India 7.78 186 71 65 13 13 X106 TV Metro X106 Station, Noida.
5. Noida drain at 7.84 145 60 89 - -
regulator
6. Noida drain at 7.82 163 46 83 78 78 X105 before X105 Confluence with river Yamuna Water Quality of adjoining drains of Noida Drain
7. Khoda village 7.54 314 107 194 78 20 X105
8. Drain merges 7.70 182 100 63 X105 46 46 X106 with Noida drain X106 at Sector-142, Advant Navis Buisness IT Park, Noida.
Note: All units are measured in mg/I except Fecal Coliform and pH.
BOD concentration at entrance of NOIDA, U.P is 219 mg/1 whereas Fecal coliform count is 20 X 10 5 . However, concentration of BOD before confluence point is 46 mg/1 and Fecal coliform count is 78 X 10 5 MPN/100 ml. The results indicate that although there is marginal improvement in water quality as the drain travels through NOIDA but still concentration level of BOD and Fecal Coliform at the confluence point of drain with Yamuna is quite high."
34. The action taken report and recommended further action were in the form of following table:-
"4.0 SUMMARY OF ACTION TAKEN BY CONCERNED AGENCIES Based on the inspection made, analytical results of the samples collected from drains and action taken report of concerned agencies, summarized report is placed below:
Si. Department Directions of CPCB and NGT Status report Recommendations No
1. NOIDA i. To develop time bound action i. Noida authority made representation Noida authority shall prepare time plan to stop discharge of untreated against wastewater the direction to 30and drains.
EC imposed bound action plan either to discharge of ii. To intercept all drains and by CPCB on 01/07/2019. Copy attached untreated waste throughaforesaid 30 channelize wastewater to STPs so as Annexure-V. drains. Alternatively, all such drains be that no untreated wastewater is intercepted and taken to STPs so that no discharged to Noida drain. ii. Reply of representation was made on 19/07/2019 and hearing was conducted untreated wastewater flows to Noida drain.
iii. To deposit an Interim
Environmental Compensation of Rs. on 23/07/2019 and Noida authority
1,00,00,000 was further directed to ensure
compliance of CPCB directions.
iv. Hon'ble NGT directed to submit
furnish performance guarantees iii. Representative of NOIDA has informed
in the sum of Rs. 1 crore each to during the meeting on 01.10.2019
the satisfaction of CPCB that committees being constituted for
undertaking to take remedial identification and taking action on high rise
actions in terms of the directions buildings discharging untreated waste and
of the CPCB, failing which the to identify villages which are discharging
said amount will be forfeited waste into drain
iv. Action plan in compliance to
direction issued not submitted till date v. Environment Compensation was not submitted till date.
vi. Performance Bank Guarantee not submitted till date.
42 Ghaziabad i. To establish sewerage network i. Ghaziabad Nagar Nigam vide letter dated Nagar Nigam and treatment facility to treat 24.06.2019 clarified that the Khora village sewage generated from Khoda falls under the jurisdiction of Nagar Palika village. Parishad Khoda Makanpur. Copy attached as ii. To Deposit an Interim Annexure-VI.
Environmental Compensation of 1,00,00,000 iii. Hon'ble NGT directed to submit furnish performance guarantees ii. Accordingly, show cause notice issued to in the sum of Rs. 1 crore each to Nagar Palika Parishad Khoda Makanpur vide the satisfaction of CPCB letter dated 24.09.2019.
undertaking to take remedial actions in terms of the directions of the CPCB, failing which the said amount will be forfeited 5
3. DJB i. To initiate legal proceedings against i. Action plan of DJB was received vide letter i. DJB shall expedite and the residents of GD colony, Gharauli dated 22/07/2019. Copy of letter is complete the interception of 03 village and Kondli village, Delhi having attached as Annexure-VII. adjoining drain in failed to take sewer connections. ii. Representative of Delhi Jal Board informed Delhi segment by December, 2019. ii. To ensure that each building under that special camps were organized residents their jurisdiction shall have sewer to take sewer connection. ii. DJB should initiate legal connection so that current practice iii. 732 number of notice issued to residents of proceedings against of discharge of untreated sewage Kondli and Gharauli. residents of GD colony, Gharauli into storm water drainage system It was also informed that 3 drains of PWD village and Kondli village on account should be stopped. carrying wastewater shall be tapped and of their reluctance and failure to iii. Hon'ble NGT directed to submit conveyed to Kondli STPs for treatment. take sewerage connections.
furnish performance guarantees in Interception of drains will be finished by the sum of Rs. 1 crore each to the December, 2019. iii. DJB shall ensure that each satisfaction of CPCB undertaking to building under their jurisdiction take remedial actions in terms of v. Performance Bank Guarantee not submitted shall have sewer connection so the directions of the CPCB, failing till date that which the said amount will be current practice of forfeited discharge of untreated sewage into storm water drainage system should be stopped.
64. EDMC i. To direct dairy farms to develop i. EDMC has informed during the meeting i. EDMC should ensure that decentralized treatment facility so that 591 Challan issued to residents of untreated dairy waste including that their untreated waste shall not Kondli and Gharauli for disposing their animal dungs from Gharuli village be discharged to DDA drainage wastewater into drain and Show-Cause should not be discharged into system. notice is also issued to illegal dairies for storm water drain. Challan / Legal ii. To ensure that untreated dairy waste discharging waste in drain. action shall be initiated against including animal dungs from Gharuli such violators. village should not be discharged into ii. The dairy farms be shifted to outskirt storm water drain. Challan/Legal ii. East Delhi Municipal Corporation of the area in a time bound manner.
action shall be initiated against such Veterinary Services Department Vide violators. email dated 31/10/2019 provided the iii. Hon'ble NGT directed to submit action taken report indicating action furnish performance guarantees in taken against the illegal dairy farms at the sum of Rs. 1 crore each to the Gharoli colony. Copy attached as satisfaction of CPCB undertaking to Annexure-VIII. take remedial actions in the terms of iii. Performance Bank Guarantee was not the directions of the CPCB, failing submitted. However, it was informed that which the said amount will be same was approved by Competent forfeited.
Authority and will be submitted in one
5. Nagar Palika Show cause notice issued to explain week time.
i. Executive officer of Khoda Nagar Parishad i. Khoda Nagar Palika should developed Parishad the reasons as to why action should has informed during the meeting that at facility to tap untreated water of Khoda not be taken against Nagar Palika present there is no infrastructure facility to Khoda village and should discharge Makanpur Parishad Khoda including levying of treat and tap waste from Khoda colony. only treated water to drainage system Environmental Compensation for of Delhi. discharge of untreated sewage to ii. Further, no reply received till date. drainage system of Delhi. ii. Directions for submission of performance guarantee in the sum of Rs. 1 crore by Ghaziabad Nagar Nigam to CPCB may refer to Nagar Palika Parishad Khoda Makanpur.
75. The Tribunal directed action to be taken by the concerned authorities accordingly and further observed as follows:-
"5. The CPCB has further recommended as follows:
"Based on observation made by the inspection team including Dr. C.R. Babu, it is further recommended that in-situ treatment of Noida drain in Noida stretch be carried out as immediate measure for treatment of wastewater of NOIDA drain.
As, the Noida drain falls under the jurisdiction of UP Irrigation Flood Control Department and it is suggested that in-situ treatment may be carried out jointly be NOIDA authority and UP Irrigation Flood Control Department in consultation with Dr. C.R. Babu."
6. In view of above, UP Irrigation Flood Control Department and NOIDA Authority may take further remedial action expeditiously which may be overseen by the Principal Secretary, UP Irrigation and Flood Control Department and the Chairman, NOIDA Authority. The Chairman, NOIDA Authority will act as a nodal agency for coordination and compliance which may be further overseen and coordinated by the CPCB.
7. The CPCB may furnish a status report in the matter before the next date by e-mail at [email protected]."
6. In pursuance of above, NOIDA has filed reports dated 15.09.2020 and 05.11.2020 while CPCB reports are dated 15.05.2020 and 29.10.2020. It will be suffice to refer to the last reports of NOIDA and CPCB. The report of the CPCB dated 29.10.2020 is as follows:-
" ACTION TAKEN BY CPCB In compliance to the directions of Hon'ble NGT, CPCB has taken following action:
1. Directions of Hon'ble NGT communicated to CEO, NOIDA vide letters dated 19/03/2020, 12/05/2020 and 13/08/2020 to provide progress report in the matter. Copy of letter is attached as Annexure-I. 8
2. NOIDA vide letter dated 15/09/2020 has submitted updated action taken report and future action plan to CPCB for abatement of pollution of NOIDA drain. Copy of letter is attached as Annexure II
3. Further, CPCB has examined the proposed action plan and observations communicated to NOIDA authority vide letter dated 28/09/2020. Copy of letter is attached as Annexure-
III.
4. CPCB communicated to Principal Secretary, Urban Development, Uttar Pradesh vide letter dated 28/09/2020 for submission of action plan for treatment of wastewater discharging from Khora Nagar Palika. Copy of letter is attached as Annexure-IV. Reply is still awaited.
5. CPCB also requested Delhi Jal Board (DJB) and East Delhi Municipal Corporation vide letter dated 28/09/2020 to submit the status report on action plan of untreated sewage of Kondli and Gharoli area (Delhi Catchment area) into Kondli drain. Copy of letter is attached as Annexure-V
6. Delhi Jal Board vide letter dated 15/10/2020 informed that as per action plan trapping of drains contributing wastewater discharge into Kondli drain from Delhi catchment was completed in January, 2020. Copy of letter is attached as Annexure-VI."
7. The report of NOIDA dated 05.11.2020 is as follows :
Sr. Action plant with proposed Follow up action timelines as submitted before A Committee has been 1).The committee as constituted constituted to inpsect high by the NOIDA AUTHORITY has rise building's STP and to made:: inspection at 57 high rise evaluate the performance of societies. There are total 95 nos. every STP. The Committee of Grodp: Housing Societies out of will examine whether the STP which 43 nos. of project are to perform standard completed and 52' nos. of parameter. It operates in a societies have got partial compliance manner and occupancy certificate. The discharges only the treated inspection of 55 percent high rise effluent in the passing drain, societies has been completed. post utilizing the treated Status report of their STPs are as waste-water at their end. The follows:-
defaulters are to be identified Sr. Name of Location STP Status and recommended for No. Societies environment compensation for 1. M/s Granite GH-03 Sewage is Great Sector - being non-compliance of NGT Properties 100 discharge in orders. More stringent action Ltd. C-23, open drain.
Greater Notice has
will be taken against the Kailash been issued by
builders as per NOIDA Enclage, Part Noida
- I, New Delhi authority and
authority rules (Time required discharge of
untreated
9
- 1 year) sewage has
been stopped.
2. M/s Paras GH-01D Discharging
Season Haven Sector - sewage in
Pvt. Ltd. 168 open drain.
GH01D, Penalty of Rs.
Sector 168, 80, 000/- has
Noida (Paras been imposed
Season for violation
Society) of NGTs
Environmental
norms.
Discharge of
untreated
sewage has
been stopped.
3. M/s Supertech GH-1A STP is
LTd. plot No. Sector- functional but
B 28&29, 74 not
Sector 58, performing
NOIDA standard
(Supertech norms.
Capetown
4. M/s Skytech GH 01D STP
Construction Sector - Construction
Pvt. Ltd. Plot 76 is not
No. GH-01D completed so
Sector 76 non-functional
NOIDA and locked.
(Skytech
Matrott)
5. M/s Amrapali Sector Untreated
Silicon City 76 sewage is
being
discharged
into drain
from back
side of society
through long
pipeline
6. Assotech Sector STP not
Windsor 78 constructed
Court
7. M/s Antkriksh GH -05A STP
Developers Sector functional but
and 78 not properly
Promoters maintained
Pvt. Ltd., Plot
no. GH - 05A,
Sector 78,
NOIDA
(Antriksh Golf
View - II)
8. M/s Sunshine GH-05B Constructed
Infrawell Pvt. Sector but not
Ltd. Plot No. 78 functional
GH-05B
Sector 78,
Noida
(Sunshine
Helion)
9. M/s G.S. GH-01C, STP under
protors pvt. Sector construction
Ltd. GH-01 C, 78 no
Sector 78 maintenance
Noida (Sikka staff available
Karmik)
10. M/s Orian GH-01/B STP not
infrabuild Sector constructed
pvt. Ltd. Plot 78
no. GH-01/B,
Sector 78,
Noida (Aditya
Urban Casa)
11. M/a Aims Max GH-01, STP not
Gardenia Sector functioning
Developers 75 properly
Pvt. Ltd. GH-
01, Ecocity
Sector 75,
NOIDA
12. Aims Max Sector STP Not
Gardenia 75 functional
10
Developers
Pvt. Ltd. GH-
08, Sector -
75, NOIDA
13. Aims Max GH 12 STP
Gardenia Sector functional but
Developers 75 not
Pvt. Ltd. GH- maintained
12, Sector - properly
75
14. M/s Valuent GH-16 Applied for
Developers Sector - Jal/Sewer
Pvt. Ltd.Plot 75 connection
No.H - 169,
Sector 63,
NOIDA
(Valuent infra
developers)
15. M/s Maxbils GH-17 STP not
Construction Sector properly
Pvt. Ltd. Plot 75
No. 17, Eco
city, Sector -
75, NOIDA
(Max Villas
GH-17)
16. M/s GH-06 STP Found
paramount Sector - working
towers pvt. 137
Ltd, plot no.
GH-06, Sector
137. Noida,
Paramound
floraville
17. M/s Gulshan GH07A STP found
Homes Pvt. Sector working
Ltd. Plot No. 137
GH 07A,
Sector 137
Noida
(Gulshan
Vivante)
18. M/s Imperaial GH-01 STP Not
Housing Sector working
Ventures Pvt. 137) properly
Ltd. 11th
Floor, Paras
Twin Tower,
Sector 54,
Gurgaon,
Haryana
(paras Tierra)
19. M/s Logix GH-02 STP not found
Infrastructure Sector - working in
Pvt. Ltd. GH- 137 full capacity
02 Sector 137
(Blossom
County)
20. M/s Supertech GH-03 STP found
Ltd, Plot no, Sector - working
GH 3 Sector 137
137, Noida
(Supertech GP
housing)
21. Purvanchal Sector STP found
Society GH-4 137 working
22. M/s Exotica GH-05A STP found
Housing, Pvt. Sector - working
LTd. GH-05A, 137
Sector 137,
(Frexco
PRasco)
23. M/s M.P.G. GH-07B STP note
Realty Pvt. Sector - found working
Ltd. Plot No. 137
GH-07B,
Sector - 137,
Noida (Ajnara
Home)
24. M/s I.V. GH-05 STP is
County Pvt. Sector - functional but
Ltd, Plot No. 121 not
GH-05, Sector performing
11
- 121, Noida standard
(Cleo Country) norms
25. M/s Ajnara GH-01B STP is
India Pvt. Ltd. Sector functional but
Plot no. GH- 74 not
01B Sector performing
74, Noida standard
(Ajnara grand norms
heritage
26. M/s J.M. GH-01C STP
Housing Ltd. Sector functional
Plot No. GH 76
01C, Sector
76, NOIDA (JM
Orchid)
27. Antriksh Sector STP not
Forest 77 functional
28. M/s Great GH -02 STP
Value Projects Sector - functional
India Ltd. 107
plot no. GH-
02, Sector
107, NOIA
(Great Value
Sharnam
Society)
29. M/s Sunworld GH-01B STP not
Developers Sector - functional
Pvt. Ltd. Plot 107
No. GH-01B,
Sector 107)
Noida
(Sunworld
Vanalika
Society)
30. Prateek GH-01A STP
Infraprojects Beta-02 functional
India Pvt. Ltd. Sector
GH-01A (Beta- 107
2), Sector -
107, Noida
(Prateek
Edifice
Society)
31. Lotus Sector STP
Boulvard Plot 100 functional
no. 3
32. M/s Claud -9 GH-02 STP not
Projects Pvt. Sector functioning
Ltd. Plot no. 100 properly
229, Okhla
Industrial
Estate, New
Delhi (Lotus
Spacia Plot
No. GH-02)
33. M/s Sethi GH-02B STP not
Buildwell Pvt. Sector functional
Ltd. Plot NO. 76
GH-01B,
Sector 107,
NOIDA( Shathi
Max')
34 M/s Logix GH-01 STP not
Infratech Pvt. Sector - functional
Ltd. No. GH- 143
01, Sector -
143, NOIDA
(Logix
Blossom
Green)
35. M/s Logix City GH-02 STP not
Developers Sector - functional
Pvt. Ltd. Plot 143
No. GH-02,
Sector 143,
NOIDA (Logix
Blossom Zest)
36. M/s Amrapali GH-03 STP is not
Zodiac Sector - working
Developers 120
Pvt. Ltd. Plot
No. GH-03
12
Sector 120
NOIDA
Amrapali
Zodiac
37. M/s RG GH-02 STP is not
Residency Sector working
Pvt. Ltd. Plot 120
NO. GH-02
NOIDA, RG
Buildtech
38. M/s Gaursons GH-04 STP Not
India Pvt. Ltd. Sector- constructred
Plot No. GH- 119
04
Sector 119,
NOIDA (Gaur
Grander)
39. M/s Eldeco GH-03 STP is in
Infrastructure Sector - running
& Properties 119 condition but
Ltd. Plot No. maintenance
GH-03, Sector records are
119 NOIDA not provided
(Eldco
Amantran)
40. Gulshan Sector - STP
Ikwana 143 functional
Sector, 143,
NOIDA
41. Aditya Sector STP not
Celebration 76 constructed
Sector - 76 sewer line of
NOIDA society
connected to
main sewer
line of NOIDA
Authority
42. Prateek Sector STP working
Winsteria 77 properly
Sector - 77,
NOIDA
43 Elite HOmez Sector STP found in
Sector -77 77 proper
NOIDA functional
44. Civitech Sector STP found in
Sampriti 77 proper
Sector -77 functional
NOIDA
45. Grahpraresh Sector STP found in
Sector 77 77 proper
NOIDA functional
46. Ajnara Sector STP found
Defodril 137 working
Sector - 137,
NOIDA
47. Supertech Sector STP found
Ecocity, 137 working
Sector - 137,
NOIDA
48. Prateeck Sector STP found
Stylon 45 working
49. NRI city Sector STP found
Homes 45 working
50. Gardenia Sector STP found
46 working
51. Jalvayu Sector STP found
Tower 47 working
52. Eldeco Sector STP found
Ananda 48 working
Apartment
53. Pearls Sector STP found
Gateway 44 working
Towers
54. Assotech Sector STP found
44 note working
55. Steller Green Sector STP found
44 working
56. Antkrish Sector STP under
Kanball 77 construction
57. Amrapali Sector - STP found
Shaphire 1&2 45 working
13
Inspection of societies has been affected due to Covid-19,that is the reason of slow progress, so it is requested to kindly grant extra time in addition to compliance period. Inspection report and photographs enclosed (Annexure-A).
2. In compliance with Hon'ble Joint Inspection with UPPCB team is NGT directions and Water carried out as per norms prescribed Prevention Act-1976, joint by State Pollution Control Board at inspections with UPPCB team different industries will be conducted at different Location:-
sections/location and 1. M/s Sandeep Paper Mill, violators to be appropriately sector-06: STP found functional prosecuted. Committee shall and performing standard norms also check untapped sewer prescribed by CPCB copy of the lines of consolidated report is attached individuals/builders/villagers herewith for your kind perusal and same shall be informed to please. concerned department for 2. M/s Body Care International necessary action. (Time Ltd., D-247/13, sector-63: There Required- 1 year) was no arrangements for treatment of untreated effluent.
Untreated effluent was discharging into Noida drain. A sample of untreated effluent analyzed and found not match the prescribed limits. Report sent to board head office to penalize the industries for non- compliance of water (Pollution control) article 1974.
3. M/s Halidram Snacks Pvt.
Ltd., plot no. -A-11, sector - 68:
ETP found functional and report of treated water analyzed and found according to norms as prescribed by CPCB.
1. M/s Anand Electro Platers, B-
87-88, SECTOR -10: ETP found functional and sample of treated water has been analyzed at regional office and found as per norms as prescribed by CPCB.
2. Location Village -Harola, Notice has been issued to villagers to stop discharging polluted water in drains. They are directed connect to waste water pipes into existing sewer lines. Notice issued to 1. House No. -V-71, 2. House No. -V-68, 14
3. House No. V-17 of village Harola (Annexure-B)
3. Proposals for strengthening of There are total 10 (ten) identified, existing sewerage network sewer strengthening works. Five amounting to Rs. 19.77 Cr. works out of eight are almost have been submitted and completed, that is of 65 percent of the same are to be executed on targeted. The updated information priority basis. (Time Required sheet having details of works is
- 2 years) attached herewith as (Annexure-C)
4. Noida Authority in Noida has 6 nos. of STPs constructed anticipation of future at different places. Existing Capacity projected load has already of STPs is 231 MLD. Sewage planned to put more STPs of generation on an average is 215 capacity 180MLD as planned MLD. (Present) by WAPCOS in place to The STP project having capacity 180 accommodate the future load MLD is in progress.
of sewerage carried out Vide C.B. No mention below
against encroachers on
embankment of drains and C.B. No. 14/GM(R)/AO/SM
same has been maintained. (OA)/2020-21 Dt. 03.09.2020 for 80
So disposal of untreated MLD
waste water into drains has C.B. No. 15/GM(R)/AO/SM
been stopped. All (OA)/2020-21 Dt. 03.09.2020 for 100
encroachments on the MLD
embankment of these 30
drains will be removed within The drives to ensure encroachment
next one year. (Time Required free drains embankments are carried
- 1 year) by the respective Work Circle
incharge. The copy of the recent summarized reports with photographs as carried by the respective work circles indicate no encroachment on the drain's embankments are placed herewith as Annexure-F for your ready perusal please.
5. Noida Authority in Noida has 6 nos. of STPs constructed anticipation of future at different places. Existing Capacity projected load has already of STPs is 231 MLD. Sewage planned to put more STPs of generation on an average is 215 capacity 180MLD as planned MLD. (Present) by WAPCOS in place to The STP project having capacity 180 accommodate the future load MLD is in progress.
of sewerage carried out Vide C.B. No mention below
against encroachers on
embankment of drains and C.B. No. 14/GM(R)/AO/SM
same has been maintained. (OA)/2020-21 Dt. 03.09.2020 for 80
So disposal of untreated MLD
waste water into drains has C.B. No. 15/GM(R)/AO/SM
been stopped. All (OA)/2020-21 Dt. 03.09.2020 for 100
encroachments on the MLD
embankment of these 30
drains will be removed within The drives to ensure encroachment
next one year. (Time Required free drains embankments are carried
- 1 year) by the respective Work Circle
incharge. The copy of the recent 15 summarized reports with photographs as carried by the respective work circles indicate no encroachment on the drain's embankments are placed herewith as Annexure-F for your ready perusal please.
8. Learned counsel for the NOIDA stated that only 57 societies have been inspected out of 95 and the remaining societies are to be inspected.
Wherever deficiencies have been found, action has been initiated and reference has also been made to the State PCB. Learned counsel for the DJB states that action has been taken on its part. However, there is no response from the EDMC and the Secretary Urban Development, UP in respect of action at Khoda Nagar Parishad, Makanpur.
9. Learned counsel for EDMC, on instructions says, that there is a proposal to shift the dairies but that is not possible in absence of land.
We find this excuse untenable only to avoid responsibility. The plea raised is not a justification for permitting violation of law by the dairies to the detriment of the rights of the citizens. To enforce rule of law and prevent the causing of pollution and hazard to the health of the inhabitants, activities operating in violation must be forthwith stopped and compensation recovered for the violations. Prosecution may be initiated and source of pollution may be closed. DPCC must also take necessary action on its part. If the EDMC remains non-compliant, the Commissioner will be personally held responsible. Let the compliance report be file within two months by e-mail at judicial-
[email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
10. With regard to the action against erring high-rise buildings in Noida, further steps be taken expeditiously and compensation assessed 16 by a joint Committee of CPCB, State PCB, NOIDA and District Magistrate, NOIDA within three months.
11. The Secretary, Urban UP may also ensure compliance of action by the Nagar Palika Parishad, Khoda Makanpur.
12. Let further compliance reports be filed before the next date by e-
mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF by CPCB, Noida, UP PCB, EDMC, DPCC, Secretary Urban Development UP. A copy of this order be sent to them by e-mail.
List again on 22.03.2021.
Adarsh Kumar Goel, CP S.K. Singh, JM Dr. S.S. Garbyal, EM Dr. Nagin Nanda, EM November 06, 2020 Original Application No. 1002/2018 A 17