National Green Tribunal
Sandeep Singh vs State Of Punjab on 29 August, 2022
Item No.07 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.498/2022
Sandeep Singh ...Applicant
Versus
State of Punjab ...Respondent
Date of hearing: 29.08.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Application is registered based on a Letter Petition received by Email.
Applicant: Mr. Sandeep Singh, Applicant in person.
ORDER
1. Mr. Sandeep Singh resident of VPO Khanpur, Tehsil and District Malerkotla, Punjab has sent the present letter petition, which is treated and registered as original application, complaining about discharge of sewage water in the drain passing by village Saroud Road. The applicant has submitted that two village ponds were constructed by Gram Panchayat headed by Mr. Harbhajan Singh, Sarpanch under MANREGA Scheme for discharge of sewage water but the Sarpanch leased out one of the village ponds for fish farming and diverted the sewage water to the above said drain. The water from the drain is used by the farmers for irrigation of their crops and also by the birds and animals for drinking and contamination of the water of the drain may prove lethal to the health of human beings as well as of the animals and birds.
2. The applicant has appeared through VC and submitted that he obtained information form the concerned Administrative Authorities including BDPO and came to know that STP has been sanctioned in his village which has also O. A. No. 498/2022 Sandeep Singh Vs State of Punjab -2- been constructed but the STP has not been put into operation and untreated sewage is being discharged in the drain. The applicant has prayed that the sewage be discharged into the drain after treatment in the STP constructed in the village.
3. This Tribunal is empowered to suo moto take cognizance of the cases involving questions relating to environment arising out of the implementation of enactments specified in First Schedule of the National Green Tribunal Act, 2010 as held by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC 897. This Tribunal can also take cognizance of such cases on the basis of letter petitions in accordance with settled principles of law governing Public Interest Litigation.
4. Prima facie, the allegations made in the application raise questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010. In view of the allegations made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position. Accordingly, we constitute a Joint Committee comprising of State PCB and Deputy Commissioner, Malerkotla and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and submit its report within one month by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. The State PCB will be the nodal agency for coordination and compliance.
5. In case the Joint Committee observes any violation of consent conditions/environmental norms then it shall forward a copy of its report to O. A. No. 498/2022 Sandeep Singh Vs State of Punjab -3-
(i) Project Proponent- Gram Panchayat to enable it to comply with the recommendations in its report or file objections against the observations/recommendations in the report of the Joint Committee and file its response before this Tribunal as desired within one month from the date of receipt of a copy of the report of the Joint Committee; and
(ii) State PCB and Deputy Commissioner, Malerkotla to enable them to take appropriate remedial action by giving notice to/hearing the project proponent and following due process of law in accordance with Statutory provisions mandating them to take remedial action for prevention, control and abatement of environmental pollution/degradation and protection and improvement of environment and submit their action taken report separately within one month from the date of receipt of a copy of the report of the Joint Committee.
6. List for further consideration on 07.12.2022.
7. A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the State PCB and Deputy Commissioner, Malerkotla by e-mail for compliance.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM August 29, 2022 AG