National Green Tribunal
Durga Prasad Yadav vs State Of Uttar Pradesh & Ors on 7 March, 2025
Item No.02 Court No. 3
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Misc Application in Disposed of Cases No. 137/2024
In
Original Application No. 584/2022
Durga Prasad Yadav & Ors. Applicants
Versus
State of Uttar Pradesh & Ors. Respondents
Date of hearing: 07.03.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicants: None for the applicants.
Respondents: Ms. Priyanka Swami, Advocate for respondent no. 1.
Mr. Daleep Dhyani, Advocate for respondent no. 3 (through
VC) with Mr. Prakhar Katiyar, RO Ayodhya (through VC).
Mr. Anubhav Anand Aron and Mr, Abhinav Anand,
Advocates for respondent no. 5.
ORDER
1. Mr. Durga Prasad Yadav and others had sent letter petition which was treated and registered as O.A. No.584/2022 for exercise of suo motu jurisdiction.
2. The applicants raised grievances in the application about obstruction to flow of river Trilodki known as Trilodki Ganga and also discharge of polluted water by M/s Amrit Bottlers Pvt. Ltd. (Cocacola) Dabhar Semar, Chandpur Harbans, Allahabad Road, Ayodhya.
3. The above said O.A. was disposed of vide order dated 22.12.2023. The relevant part of the Judgment reads as under: 1
"(i) Whether there is any river named Trilodki Ganga which is now flowing in the form of a storm water drain known as Tilaiya which passes through Ganja, Hansapur, Chandpur Harivansh, Poore Husain Khan, Janora Dehat and falls in River Saryu?
xxx.................xxx... ...........................xxx.................xxx
28. In the present case the documents produced by the applicants show that river referred in Purans as Trilodki Ganga existed but the same is mentioned in the documents produced by the applicants themselves to have disappeared at many places. The Administration initiated proceedings for demarcation and rehabilitation/rejuvenation of river Trilodki Ganga and, even as per claim of the applicants, at many places excavations were being carried out for rehabilitation/rejuvenation of river Trilodki Ganga. In the present case documents produced do not establish identification and demarcation of storm water drain known as Tilaiya, Baha, Soti to be integral part of river Trilodki Ganga due to which the construction activities for construction of Maryada Purushottam Shri Ram Air Port cannot be said to have destroyed said ancient river Trilodki Ganga. However, in view of the averments made in the application and also the documents produced by the applicants the respondents are directed to take requisite remedial measures for demarcation and rehabilitation /rejuvenation of river Trilodki Ganga on the basis of the documents available and to notify the same for its protection/conservation.
(ii) Whether the flow of said drain is now obstructed due to which thousands of bighas of land is submerged? If so what remedial measures are required to be taken?
xxx.................xxx... ...........................xxx.................xxx
33. The respondents are directed to ensure completion of the construction of the drain expeditiously preferably before operation of Maryada Purushottam Shri Ram International Airport and to take requisite remedial measures for ensuring that after completion of the construction of the drain the flow of water in the drain remains smooth and there is no water logging in the adjoining land due to flow in the drain and discharge from M/s. Amrit Bottlers Pvt. Ltd.
2
(iii) Whether Respondent No.5 M/s. Amrit Bottlers Pvt. Ltd. (Cococola) Dabhar Semar, Chandpur Harbans, Allahabad Road, Ayodhya is discharging polluted water in the above drain? If so what remedial measures are required to be taken?
xxx.................xxx... ...........................xxx.................xxx Directions by the Tribunal
38. Respondent no. 5 is directed to ensure that nano- filtration unit of capacity 300 KLD is installed and commissioned upto 28.02.2024 and submit report regarding operationalization of the same.
39. Respondent no. 3-UPPCB and Uttar Pradesh Ground Water Department are directed to inspect the Rain Water Harvesting Projects installed at 25 locations with total capacity of 4,98,999 cubic meters and verify the claim of respondent no. 5 for harvesting of rain water more than 150 % in ratio to extraction of ground water and file report in this regard.
40. Respondent no. 3 and Divisional Forest Officer, Ayodhya are directed to verify plantation of 7000 plants and 11000 plants in year 2022-23, Miyawaki afforestation on 150 sq.mtr. in year 2021-22, 11000 plants in year 2022-23 by respondent no. 5 and file report regarding survival and maintenance thereof.
41. Respondent no. 5 has claimed to have developed Miyawaki type of Jungle with approximately at Usroo, Ayodhya on an area of 150 sqr mtr in plantation year 2021-22 and Miyawaki type of Jungle with approximately 12000 plants on an area of approximately 3000 sqr mtr at Gosaiganj in plantation year 2022-23. Admittedly, the said Jungle in Gosaiganj is at the distance of 25 km from the factory premises.
42. We are of the considered view that such plantation needs to be carried out in the vicinity of the factory premises to mitigate adverse impacts of Air and Water Pollution caused by the unit of respondent no. 5 and accordingly respondent no. 5 is directed to carry out plantation activities in areas in the vicinity of its unit and surrounding nearby areas.
43. In the consolidated reply Respondent no. 5 has claimed to have carried out CSR activities but respondent 3 no. 5 has not enclosed supporting documents with its consolidated reply. Respondent no. 5 has claimed to have organized public awareness program on solid waste management, to have provided complete financial help to 45 ladies in Shravan Kunj old age home, to be running 5 skilled development centres, to have tied up with Ayodhya Handicraft a Farmer Producer Organization, to have provided money to poor students as well as school as and when required and to have tied up with several religious trusts involved in various religious activities like maintaining temples, gurdwaras etc., perform religious programs etc., but the respondent no. 5 has not mentioned the amounts spent on the same.
44. We are of the considered view that preferably such activities must be carried out in the area around the project. Activities involving infrastructure creation for drinking water supply, sanitation, health, education, skill development, roads, cross drains, electrification including solar power, solid waste management facilities, scientific support and awareness to local farmers to increase yield of crop and fodder, rain water harvesting, soil moisture conservation works, avenue plantation, plantation in community areas, etc. ought to have been carried out in the area around the project. Respondent no. 5 is directed to carry out CSR activities in consultation with District Environment Committee headed by the District Magistrate, Ayodhya and the Divisional Forest Officer, Ayodhya and in view of the requirements of the residents of the area surrounding the project and to file Action Taken Report in this regard.
45. Reports as directed hereinabove be filed within three months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before the Bench for further directions.
46. With these observations/directions, the Original Application is dispose of with no order as to costs."
4. Reports were filed by UPPCB and respondent no.5 vide email dated 21.03.2024. However, no Reports have been filed by Uttar Pradesh Ground Water Department and Divisional Forest Officer, Ayodhya before 4 this Tribunal. On the other hand copies of letters received from them by UPPCB have been attached by UPPCB with its report.
5. This Tribunal considered the reports on 17.12.2024 and found the same to be vague without supporting documents and to fall short of requisite compliance. Accordingly, this Tribunal without enlisting the deficiencies directed respondents no. 1, 2, 4 and 5 to file their detailed compliance reports.
6. In compliance thereof report dated 31.01.2025 has been filed by District Magistrate, Ayodhya, report dated 31.01.2025 has also been filed by Project Proponent- respondent no. 5 and report dated 13.02.2025 has been filed by UPPCB-respondent no.3.
7. However, no report has been filed by respondent no. 2- ACS, Civil Aviation Department, U.P. despite direction issued in this regard. Non- compliance of order dated 17.12.2024 by ACS, Civil Aviation Department, U.P. warrants imposition of costs for unnecessary adjournment thereby caused. Accordingly, ACS, Civil Aviation Department, U.P. is granted one more opportunity to file its response within one month subject to deposit of costs of Rs. 25,000/- with NGT Bar Association, Principal Bench within three weeks and to ensure his representation before this Tribunal on the next date of hearing fixed.
8. We have gone through the replies filed by respondents no. 3, 4 and
5.
9. We find that with reference to the direction given by this Tribunal in para 28 of its order dated 22.12.2023 for demarcation, rehabilitation/rejuvenation of River Trilodki Ganga (Baha), District Magistrate, Ayodhya has submitted in his report dated 31.01.2025 that in the Revenue Records of District Ayodhya there exists no record of any 5 river by the name of Trilodki Ganga (Baha). In para 28 of its order dated 22.12.2023 this Tribunal had observed that documents produced by the applicant showed that river referred in Puranas as Trilodki Ganga existed which was mentioned in the documents produced by the applicant themselves to have disappeared at many places. This Tribunal also observed that the Administration initiated proceedings for demarcation and rehabilitation/rejuvenation of river Trilodki Ganga and at many places excavations were being carried out for rehabilitation/rejuvenation of river Trilodki Ganga. In view thereof this Tribunal directed the respondents to take requisite remedial measures for demarcation and rehabilitation /rejuvenation of river Trilodki Ganga on the basis of the documents available and to notify the same for its protection/conservation. The order passed by this Tribunal needs to be complied with in letter and in sprit and mere absence of any description of the river in the Revenue Record does not by itself justify denial of its existence and does not excuse failure of the respondents to comply with the directions contained in para 28 of order dated 22.12.2023 passed by this Tribunal.
10. So far as compliance of the order of this Tribunal regarding completion of the construction of the drain is concerned, in his report the District Magistrate, Ayodhya has mentioned that 90% of the work has already been completed. This Tribunal had given direction in para 33 of its order dated 22.12.2023 to the respondents to ensure completion of the construction of the drain expeditiously preferably before operation of Maryada Purushottam Shri Ram International Airport and to take requisite remedial measures for ensuring that after completion of the construction of the drain the flow of water in the drain remains smooth and there is no water logging in the adjoining land due to flow in the drain and discharge from M/s. Amrit Bottlers Pvt. Ltd. The construction 6 of the drain ought to have been completed before operation of the Airport and there appears to be no valid justification for inordinate delay in completion thereof. We reiterate that the order passed by the Tribunal needs to be complied with in letter and in sprit and in case of any further delay in completion of the drain, we may be constrained to order prosecution of the concerned Officers for non-compliance with the order passed by this Tribunal and we may also be constrained to award compensation to all residents of the locality who have suffered damage on account of non-compliance thereof.
11. We have also gone through the report filed by respondent no. 5 and we appreciate the measures taken by respondent no. 5 for complying with the order passed by this Tribunal, yet we reiterate that certain aspects need to be appropriately adverted to for requisite compliance with the order passed by this Tribunal. Any profit earning industry extracting water and utilizing other natural resources in an area has to ensure, in the first instance, recharge of groundwater as well as creation of greenbelt and utilization of CSR/CER funds in that very area so that environmental damage incidentally caused is appropriately remediated and the local population which is affected by setting up of the industry is also incidentally benefited by making of profit by such industry. We find that CSR funds meant for health, education and environmental management programmes have been utilised for other purposes which diversion has to be viewed seriously.
12. We consider that all these aspects need to be looked into and appropriately addressed.
13. Accordingly, respondents no. 1, 4 and 5 are directed to file additional responses covering all the directions/observations made in the judgment at least two days before the next date of hearing fixed. 7
14. We consider presence of the District Magistrate, the Commissioner, Municipal Corporation, the Divisional Forest Officer, the Executive Engineer, Irrigation, Executive Engineer, PWD and Regional Officer, UPPCB, Ayodhya before this Tribunal physically or through VC to be essential for just and proper resolution of the environmental issues involved and due compliance of the order passed by this Tribunal. Accordingly, they are directed to remain present before this Tribunal on the next date of hearing fixed.
15. List on 09.04.2025 for consideration of the compliance reports and for evolving appropriate mechanism/methodologies for requisite compliance as may be required and thereafter the case will be listed on 23.05.2025 for consideration of further compliance/action taken reports.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM March 07th, 2025 M.A in Disposed of Cases No. 137/2024 In Original Application No. 584/2022 AB 8