National Green Tribunal
Soban Singh Rana vs Roshan Lal Uniyal on 4 January, 2023
Item No. 1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 494/2022
Soban Singh Rana ...Applicant
Versus
Roshan Lal Uniyal & Ors. ...Respondents
Date of hearing: 04.01.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None
Respondents: Mr. Rahul Verma, Additional Advocate General for the
State of Uttarakhand.
Mr. Mukesh Verma, Advocate for UKPCB.
Application under provisions of the National Green Tribunal Act, 2010.
ORDER
1. The grievances in the present application are that road is being constructed in Saini Namak Sthal near Kachdu Devta Temple as part of Gangotri Road. Mr. Roshan Lal Uniyal S/o Kashiram Uniyal resident of village Saini, Block Dunda, District Uttarkashi is dumping sand on land measuring about 2000 square meters at the distance of about 50 meters from river Ganga which may cause environmental pollution by obstructing the river course in future.
2. Vide order dated 18.07.2022 this Tribunal constituted a Joint Committee comprising of the Principal Secretary, Public Works Department, Government of Uttarakhand, the Uttarakhand Pollution Control Board (UKPCB) and the District Magistrate, Uttarkashi and O. A. No. 494/2022 Soban Singh Rana Vs. State of Uttarakhand & Ors.
-2- directed the same to submit its report which has been submitted vide email dated 31.10.2022.
3. We have gone through the report and we find that the aspects of the compliance with Construction and Demolition Waste Management Rules 2016, violation of Flood Plain Zone of river Ganga and unauthorized change of user of the land in question by the Project Proponent have not been appropriately looked into by the Joint Committee and the Joint Committee is directed to look into these aspects and submit its report within one month at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
4. In view of the averments made in the application and the report of the Joint Committee report, we also consider it appropriate to have response from (1) the State of Uttarakhand, through Chief Secretary, Government of Uttarakhand; (2) the UKPCB; (3) the District Magistrate- Uttarkashi and the project proponent, who stand impleaded as Respondents No. 1 to 4. The Registry is directed to prepare and attach memo of parties to the application.
5. Mr. Rahul Verma, AAG and Mr. Mukesh Verma, Advocate are already appearing before this Tribunal for the State of Uttarakhand and UKPCB respectively. Mr. Rahul Verma, AAG accepts notice on behalf of the District Magistrate, Uttarkashi.
6. The Registry is directed to issue notice to Respondent No. 4 along with copies of the application, report of the Joint Committee and copies of the documents attached with the same.
O. A. No. 494/2022 Soban Singh Rana Vs. State of Uttarakhand & Ors. -3-
7. Reply/response on behalf of Respondents No. 1 to 4 be filed within one month at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
8. List for further consideration on 17.02.2023.
9. A copy of this order be forwarded to the UKPCB and the District Magistrate, Uttarkashi by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM January 04, 2023 AVT