National Green Tribunal
Durga Prasad Yadav vs State Of Uttar Pradesh & Ors on 16 March, 2023
Item No.07 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DLEHI
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 584/2022
Durga Prasad Yadav & Ors. ...Applicant
Versus
State of Uttar Pradesh & Ors. ...Respondents
Date of hearing: 16.03.2023 CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER Applicant: Applicant in person (through VC). Respondent: Mr. Pradeep Misra, Advocate for UPPCB (through VC).
Mr. Anubhav Anand and Mr. Abhinav Anand, Advocate for respondent no. 5.
Application is registered based on a Letter Petition received by Email.
Order
1. The grievance in the present application is regarding damage to the environment and existence of River Trilodki Ganga (Baha) caused by the construction of Shri Ram International Airport. The discharge of the effluent from the M/s Amit Bottlers Pvt. Ltd. into Trilodki Ganga is polluting the sacred ancient river.
2. Vide order dated 14.09.2022, this Tribunal constituted a Joint Committee with direction to submit factual and action taken report. In O. A. No. 584/2022 Durga Prasad Yadav & Ors. Vs State of U.P. & Ors. -2- compliance thereof, report of the Joint Committee was filed vide email dated 12.12.2022.
3. In view of the averments in the application and observations in the report of the Joint Committee, notices were ordered to be issued to the respondents. As per office report notices were duly served.
4. Replies by respondent no. 3 and 4 have been filed vide emails dated 28.02.2023 and 03.03.2023.
5. Written submissions have been filed by applicant by seed-post dated 04.03.2023.
6. In the written submissions the applicant has made averments that effluent discharged by the M/s Amit Bottlers Pvt. Ltd. is polluting Trilodki Ganga river which is considered to be sacred by millions of people. We are of the view that the Joint Committee should undertake visits to the site and submit a further report addressing allegations of pollution of Trilodki Ganga river due to discharge of effluent by the M/s Amit Bottlers Pvt. Ltd.
7. The report of the Joint Committee be filed within three months by email at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF/Word file.
8. List the matter for further consideration on 24.07.2023.
9. In view of the facts and circumstances of the case, we consider presence of the Additional Chief Secretary, Government of Uttar Pradesh, Commissioner, Municipal Corporation, Ayodhya, and District Magistrate, Ayodhya though VC to be essential for assisting this Tribunal in just and fair adjudication of the questions involved in the case and accordingly, they shall remain present before this Tribunal through VC on the date fixed. O. A. No. 584/2022 Durga Prasad Yadav & Ors. Vs State of U.P. & Ors. -3-
10. A copy of this order be sent to the Additional Chief Secretary, Government of Uttar Pradesh, Commissioner, Municipal Corporation, Ayodhya, and District Magistrate, Ayodhya by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM March 16 2023 AG