National Green Tribunal
Akash Vashishtha vs 1. Union Of India on 2 September, 2020
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 08 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 1040/2019
(With report dated 29.08.2020)
Akash Vashishtha Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 02.09.2020
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant(s): Mr. Rahul Choudhary, Advocate
Respondent(s): Ms. Deep Shikha Bharti, Advocate for State of UP
Mr. Daleep Dhyani, Advocate for UPPCB
Mr. Navneet Sharma, Advocate in I.A No. 202/2020
ORDER
1. A factual and action taken report was sought from a joint Committee comprising Uttar Pradesh State Pollution Control Board (UPPCB), UP Irrigation Department and District Magistrate, Mathura, with reference to the allegation that a road was being illegally constructed on the river bed of Yamuna near Vrindavan/Mathura between Shringarvat and Keshi Ghat, apart from other illegal constructions, including multi-storied buildings. Irreparable damage was being done to ancient Ghats by filling the steps of the ancient Ghats, 1 including Cheer Ghat, Govind Ghat and Bhramar Ghat which had also been filled with construction rubble and debris to build an approach road to transport the construction rubble and debris, in order to reclaim land for the construction of the illegal metalled road. It was further alleged that the said activities are in violation of River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016 and the Water (Prevention and Control of Pollution Act) 1974, as noted in the report of Prof. C.R. Babu dated 14.08.2019.
2. The report received was considered on 05.05.2020 and the District Magistrate, Mathura was directed to take further remedial action.
3. Accordingly, a further report has been filed by the Mathura Vrindavan Development Authority on 29.08.2020 to the effect that structures in the area, including the one belonging to the Irrigation Department have been directed to be removed. On 05.08.2020, the office/store of the PWD was also removed. However, having regard to the significance of religious tourism, a 300 Mtr road was constructed which was necessary for maintenance and for tourism facility which does not in any manner affect the flood plain zone.
4. In intervention Application, I.A No. 202/2020, it is stated that the matter is also being monitored by the Allahabad High Court in PIL No. 2593 of 2010 and Writ-C Nos. 47299, 48219, 48225, 48213, 48695, 48666, 48702, 47163, 43437, 43439, 4303. The Commissioner, Agra, who is the Ex-officio Chairman of the Mathura-Vrindavan Development Authority has been directed to look into the matter.
5. In view of the fact that remedial action has been taken against illegal constructions in the river bed and the matter is also said to be 2 monitored by the High Court, we do not find it necessary to further continue the proceedings. However, the demolition debris may be removed from the river bed which may be ensured by the Mathura- Vrindavan Development Authority.
The application is disposed of. A copy of this order be forwarded to the Commissioner, Agra, who is the Ex-officio Chairman of the Mathura- Vrindavan Development by e-mail.
The application is disposed of.
In view of the order passed in the main application, all I.A.s will also stand disposed of, without any separate order.
Adarsh Kumar Goel, CP S. P. Wangdi, JM Dr. Nagin Nanda, EM September 02, 2020 Original Application No. 1040/2019 SN 3