National Green Tribunal
Sushil Raghav vs Moef on 21 April, 2023
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 06 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Execution Application No. 33/2021
IN
Original Application No. 68/2021
Sushil Raghav Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 21.04.2023
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Akash Vashishtha, Advocate for Applicant in E.A 33/2021
ORDER
1. The matter has been put up in pursuance of order of the Hon'ble Supreme Court dated 20.02.2023 in Civil Appeal No. 1629/2022, Sushil Raghav vs. Union of India & Ors. as follows:
"1. The appellant instituted OA No 68 of 2021 before the National Green Tribunal1 for the purpose of seeking remedial action to prevent untreated sewage and effluent being discharged in the storm water drains in Karkarmodel, situated in Municipal Corporation Ward No 43 at Sahibabad in Ghaziabad.
2. In its order dated 19 March 2021, the Tribunal noted that the issue had already been dealt with by it in an earlier order dated 27 January 2021 (Manoj Mishra vs Union of India and Others - OA No 6/2012). OA No 6 of 2012 related to remedial action required to prevent pollution of the river Yamuna and the drains and tributaries connected in Delhi, Haryana and Uttar Pradesh. In its order dated 19 March 2021, the Tribunal adopted various directions which are extracted below:1
"NGT" 1
"1. Independent assessment of flow in all the drains reaching Yamuna be undertaken within next two months and thereafter submit action plan for setting up STPs to bridge the gap with definite and monitorable timelines.
2. Out of 427 MLD of treatment capacity in Sahibabad and Loni STPs with only 80 MLD capacity are compliant to standards. A direction to UP Jal Nigam, Ghaziabad MDA and Ghaziabad Municipal Corporations to upgrade/ rehabilitate the STPs to meet revised environmental standards of TSS/BOD:10/10 mg/L within next two years and the authorities being directed to submit Action plan to achieve this within next three months.
3. Stoppage of all sewage from sewered areas of Sahibabad Banthala and Indira Puri as per the Action Plan prepared by the State Government by December 20.
4. Implementation of Septage management by December 20 in all areas which are not sewered.
5. UPSIIDC be directed to ensure setting up CETPs and ensure their proper functioning. UPPCB be directed to put in place policy for realizations in case the industries failed to pay. As requested by the UPPCB the arrears of unpaid EC be directed to be realized as arrears of land revenue.
6. The YMC is unable to comment on the omnibus compendium submitted for NMCG funding pertaining to Phyto and Bio remediation. However, when approved the drains which are polluting the Sahibabad and its tributary drains need to be taken up if feasible. The reply of UP on in-situ bio/phyto remediation is vague and does not inspire confidence about the seriousness of the intent.
7. A direction is required to be given to the UP Irrigation Engineer in Chief and the Principal Secretary Irrigation relating to the inordinate delay in paying DDA for undertaking the rejuvenation of the flood plains on the UP side as a deposit work which was promised on several occasions but has not made any headway in the last 7 months when one months time had been sought."
3. The appellant moved an execution application, EA No 33 of 2021, seeking execution of the order dated 19 March 2021. By the impugned order, the Tribunal has observed that the request made in the application "goes beyond what has been said in the order of the Tribunal dated 19 March 2021" and even otherwise, if there was a breach of the order of the Tribunal, the appellant would have to seek the remedy under Section 26 of the National Green Tribunal Act 2010. The Tribunal did not find that there was any case for taking recourse to its power under Section 25 for executing the order.
4. The NGT has power under Section 25 to execute its orders as decrees of a civil court. Section 26 is comprised in Chapter IV which 2 deals with the penalty for failure to comply with the orders of the Tribunal.
5. The grievance of the appellant is that the power to impose a penalty under Section 26 will not redress the substratum or the grievance which is the discharge of untreated sewage and effluent and the absence of a sewerage system.
6. We are of the considered view that the observation of the Tribunal that there was no case for executing the earlier order under Section 25 is misconceived. The Tribunal is entrusted with the wholesome power to ensure that its orders are complied with. The absence of sewerage facilities is an important aspect which would merit the exercise of powers by the Tribunal under Section
25. The invocation of the power to levy a penalty under Section 26 will not necessarily sub-serve the purpose.
7. Accordingly, we allow the appeal and set aside the impugned order of the Tribunal dated 1 November 2021. Execution Application No 33 of 2021 is restored to the file of the National Green Tribunal.
8. The Tribunal shall take up the application under Section 25 and consider what orders would be necessary to effectuate the original order dated 19 March 2021 of which execution was sought."
2. It may be noted that in pursuance of another similar order of Hon'ble Supreme Court dated 21.10.2022 in Civil Appeal No. 3465/2022, Nizamuddin West Association vs. Union of India & Ors., relating to enforcement of order of this Tribunal for control of pollution of Yamuna, the same issue has already been taken up for consideration vide order dated 16.02.2023 in OA No. 21/2023, Ashwani Yadav vs. Govt. of NCT of Delhi and connected matters. The Tribunal has inter-alia directed the Chief Secretary, Uttar Pradesh to take necessary measures for compliance of orders of this Tribunal for preventing and remedying pollution of Yamuna and file action taken report by 30.04.2023. The said matter is now listed for hearing on 16.05.2023. Further, the issue of liquid waste in UP which also covers the subject matter of this application has been reviewed vide order dated 23.03.2023 in OA No. 606/2018 (In respect of State of UP), in the presence of the Chief Secretary, UP and directions have been issued to address the gap in generation and treatment of solid and liquid waste. The said proceedings 3 are pursuant to order of Hon'ble Supreme Court dated 02.09.2014 in WP No. 888/1996, Almitra H. Patel Vs. Union of India & Ors. in respect of solid waste management and order dated 22.02.2017 in W.P. No. 375/2012, reported in (2017) 5 SCC 326, Paryavaran Suraksha vs. Union of India in respect of liquid waste management and also cover the issue of prevention of pollution of river Yamuna and other rivers in UP.
In view of above, list for further consideration on 16.05.2023 alongwith OA No. 21/2023, Ashwani Yadav vs. Govt. of NCT of Delhi.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM April 21, 2023 Execution Application No. 33/2021 IN Original Application No. 68/2021 DV 4