National Green Tribunal
Anupam Verma vs State Of Up & Ors on 13 September, 2024
Item No. 08 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 170/2022
(I.A. No. 201/2024)
Anupam Verma Applicant
Versus
State of UP & Ors. Respondent
Date of hearing: 13.09.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None for applicant
Respondents: Mr.Gi. GI. C. George, Advocate for State of U.P.(through VC)
Mr. Pradeep Misra, Advocate for UPPCB (through VC)
Mr. Pranshul Chandra, Advocate for UPEIDA
ORDER
I.A. No. 201 of 2024
1. This Application has been filed on behalf of the Uttar Pradesh Expressway Industrial Development Authority (hereinafter referred to as 'UPEIDA') seeking waiver of cost of Rs. 25000/- imposed vide order dated 12.02.2024.
2. Learned Counsel appearing for UPEIDA stated that the cost has been deposited and this application has rendered infructuous, it is accordingly dismissed as infructuous.
1 Original Application No. 170 of 2022
3. The Original Application has been registered under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as 'NGT Act, 2010') in exercise of suo-motu jurisdiction in view of the law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022) 13 SCC 401 on a letter petition dated 22.12.2021 received from Shri Anupam Verma, Advocate, Gram Pradhan, Aadampur Naubasta, Gosaiganjm, Lucknow.
4. The complainant had said that provisions have been made by UPEIDA for harvesting of rain water at Purvanchal Expressway but the same are not being complied with as per the prescribed norms. As per IS Code:15797, only roof top rain fall water is harvested for recharging of ground water which does not improve water from first rain but UPEIDA has not made any provision in this regard. Further road has been constructed with bitumen which is water soluble and remnants of bitumen, waste generated by the road usage is carried to ground water thereby seriously contaminating the same creating health hazards for villagers living alongside the Expressway.
5. Tribunal took cognizance of the complaint on 18.04.2022 and found it appropriate to obtain a factual Report, hence, a Joint Committee comprising Central Pollution Control Board (hereinafter referred to as 'CPCB'); Central Ground Water Authority (hereinafter referred to as 'CGWA'); Indian Road Congress (hereinafter referred to as 'IRC') and Uttar Pradesh Pollution Control Board (hereinafter referred to as 'UPPCB') was constituted. The Committee was required to submit report within two months.
2
6. UPEIDA submitted its reply vide email dated 21.06.2022 stating that it is a statutory body constituted vide Notification dated 27.12.2007 issued by State of UP in exercise of powers under UP Industrial Area Development Act, 1976. It was nominated as nodal agency for development of Purvanchal Expressway vide Notification dated 04.12.2017 issued by State Govt. UPEIDA has already successfully executed construction of several Expressways which are State of Art Infrastructure Projects i.e., Agra Lucknow Expressway, Budelkhand Expressway etc., following and complying with the forest and environment norms laid down by State of UP and Government of India. The work has been carried out/executed by UPEIDA strictly in accordance with law after obtaining prerequisite clearances and permission from the concerned Authorities. Purvanchal Expressway starts on NH 731, District Lucknow and ends at Haidaria in District Ghazipur, passing through the Districts of Lucknow, Barabanki, Amethi, Sultanpur Ayodhya, Ambedkar Nagar, Azamgarh, Mau and Ghazipur covering approximately length of 340.824 kilometers. UPEIDA made provisions for rain water harvesting for the project in accordance with Guidelines for Expressways, Volume - II, published by IRC on behalf of Ministry of Road Transport and Highways. Volume- II design, appendix 7/Page II-186 to II-189 addresses the following issues:-
"Enhance the sustainable yield in areas where over development has depleted the aquifer.
Enhance the rainfall runoff, since this is going to sewer or storm water drain.
Conservation and storage of excess surface water for future requirements, since these requirements often change within a season or a period.3
Surface water is in adequate to meet our demand and we have to depend on ground water."
7. IS Code 15797 pertains to rain water harvesting and specific guidelines have been provided lying down standards for such system.
Purvanchal Expressway on the contrary passes through Rural areas of State of UP. Hence relevant norms applicable to expressway have to be followed by UPEIDA. Before execution of the project, UPEIDA obtained Environmental Clearance (hereinafter referred to as 'EC') from State Environment Impact Assessment Authority, UP (hereinafter referred to as 'SEIAA, UP') vide letter dated 22.03.2017 and Forest Clearance (hereinafter referred to as 'FC') was also granted to it by Ministry of Environment, Forest and Climate Change (hereinafter referred to as 'MoEF&CC') vide letter dated 09.03.2018.
8. The Joint Committee also submitted report dated 18.08.2022 through Chief Environmental Officer, Circle - 5, UPPCB. It states that Members of Joint Committee interacted with officials of UPEIDA and they provided following information:-
"4.1. Total length of the Purvanchal Expressway is 340 KM. The project has been constructed during 2018-21 after obtaining the Environmental Clearance from SEIAA, UP. The copy of the Environmental Clearance (EC) is attached at Annexure.
4.2. In the said EC, the condition of rainwater harvesting has been prescribed at Sr. No.27 as 'Rain water harvesting sites should be developed where ever possible as per Norms.' 4.3. To comply with the condition of the EC, the plan for installation of 1361 rain water harvesting structure have been planned and the construction of 176 structures has been started following Appendix 7 of Guidelines for expressways (2010) issued by Ministry of Road Transport and Highways (MoRTH) and published by IRC for rainwater harvesting and artificial recharge along national highways.
4.4. At the same time the UPEIDA also referred the matter to Ground Water Department, UP Govt for enquiring about the 4 feasibility of groundwater harvesting structures along Purvaanchal Expressway.
4.5 The Ground Water Department, U. P. informed to concerned Project Engineers that if the groundwater table during post Monsoon period is below 8.00 m, then only the installation of rainwater harvesting system is recommended. In the region of Purvaanchal Expressway the Ground Water Table is shallow at less than 8.00 m.
4.6 Considering the recommendation of Ground Water Department, the construction of remaining 1185 rain water harvesting structures have been de-scoped from proposed scope of work.
4.7. Thus, only 176 rainwater harvesting structures have been installed along the Purvanchal Expressway.
5. The matter related to requirement of the groundwater recharge considering the level of water table in the said area is briefly discussed with the member representing CGWB.
5.1 The groundwater recharge is essentially recommended when the groundwater level is more than 8.00 mbgl during post monsoon period as per state government norms. However, water conservation measures are also mandatory in shallow water level areas.
5.2 As per the available data of Ground Water Monitoring Stations of UPGWD in the covering the districts and blocks, the water level along the periphery of the expressway almost is less than 8.00 mbgl, thereby water conservation measures are feasible to adoption instead of artificial recharge in shallow water level areas.
5.3. Along the periphery of the expressway, the groundwater level in Azamgarh district is shallow but category of three blocks namely Ahirauala, Palhani and Sathiyaon are in semi-critical category as per GWRE 2020. The comparison between category of blocks as per GWRE -2017 & 2020 shown in Table no 1 and Fig no 1 & 2.
District Blocks Category Category as
as on on Resource
Resource 2020
2017
Maunath Mohammadabad Safe Safe
bhanjan
Azamgarh Sathiaon Semi-critical Semi-critical
Amethi Jagdishpur Safe Safe
Amethi Sukul bazar Safe Safe
Barabanki Haidergarh Safe Safe
Ayodhya Amaniganj Safe Safe
Barabanki Trivediganj Safe Safe
Lucknow Gosaiganj Safe Safe
Ghazipur Muhammadabad Semi-critical Safe
5
Ghazipur Bhawarkol Safe Safe
Ghazipur Bara cha war Semi-critical Safe
Ghazipur Birno Safe Safe
9. Joint Committee visited random rain water harvesting structures constructed in the region between Lucknow and Barabanki section and recorded its observations as under:-
"6.1. Total three rainwater harvesting structures are verified during the joint inspection visit by the committee members. 6.2. Rain Water Harvesting structures with two recharge wells are constructed in every 500 m distance along the both side of the expressways.
6.3. The RWH designed as settling chamber followed by the filtration unit in which two recharge wells 200mm (8") dia. have been installed. The length of the pipe is kept as around 15 mas an average.
6.4. The geotextile membrane is surrounded to the pipe throughout the length of the pipe for entrapping fine sediments into recharge wells to avoid the clotting enhancing the efficiency of recharge wells.
6.5. It has been informed that, the drawings of the rainwater harvesting system has been approved by the Authority Engineer based on the guidelines of the MoRTH. 6.6. Tube wells have been constructed at every Toll Plazas after getting of NOCs from UP Ground Water department for domestic and horticulture/greenbelt development purposes."
10. From the above observations, Committee informed that the installation ground water recharge structures through recharge well is not required in the region of Purvanchal Expressway. Hence recharge structures can be converted for collection of rain water to utilize it for horticulture/green belt development to minimize fresh ground water extraction. Besides surplus rain water could be diverted in the natural water bodies i.e., ponds, lakes etc. Committee summarized its findings, after referring several documents, as under:-
"8.3.1. The member representing IRC informed the following to the Committee 8.3.1.1. Central Road Research Institute (CRRI) has studied the metals contaminants of bituminous mix with 6 aggregates and found that there is no such observed contamination.
8.3.1.2. Indian Institute of Technology, Kharagpur (IIT Kharagpur) has studied the leaching effects of Gap Graded Rubberised Bituminous Mix (GGRB) which having 20-25% Crumb Rubber (result given below) and found that there is no such observed contamination of ground water.
8.3.1.3. BITS, Hyderabad has studied the leaching effects of Bituminous Concrete Mix (BC) with CRMB60, generally having 12-14% crumb rubber (which is also being used as wearing course of the Purvanchal Expressway) and found that there is no such observed contamination of ground water.
8.3.1.4. The analysis tables provided in above mentioned studies are the Annexure. 8.3.2. The United State Environmental Protection Agency (EPA) has carried out 'Assessment of water quality runoff from sealed asphalt Surfaces.' The detailed report is also available in the EPA website.
8.3.2.1. The said study was planned as Runoff from roads and parking lots has been shown to contain high levels of pollutants and to be toxic to both fresh water and marine organisms. Copy attached.
8.3.2.2. Following are the outcome of the study.
8.3.2.2.1. The EPA study results represent the Polycyclic Aromatic Hydrocarbon (PAH) runoff that could be expected from runoff and weathering without contributions from vehicular use.
8.3.2.2.2. In toxicity testing of PAH-laden storm water runoff, Ireland et al.(1996) observed a reduction in toxicity when the organic PAH containing fraction was removed from the samples. They also observed in all runoff samples where TSS were removed by filtration, an increase in toxicity indicating the PAHs were either in solution or sorbed to organic carbon. The high COD/TSS ratio for this study indicates that most of the constituents in the runoff are either in the aqueous phase or bound to colloidal material that passes through traditional TSS filters. While particulate release due to vehicular abrasion is demonstrated in other studies (Mahler etal., 2004 and 2005), even without abrasion sealants may release PAHs.
8.3.2.2.3. Routing and treatment of storm water runoff appear to be effective controls in reducing the toxicity of runoff in general. PAHs are assumed to be bound to particulates, which could imply that sedimentation might treat runoff and remove PAHs.
8.3.3. The adopted guideline to install rainwater recharging through well after installing sedimentation followed by sand filtration seems to be sufficient to handle the rainwater surface runoff in normal conditions.
8.3.4. However, case specific study in Indian condition is required considering maintaining groundwater quality is vital to the 7 continued health of the environment. Hence, committee is of the considered view that the detailed Characterisation study of the surface runoff from the bitumen roads in Indian environment need to be conducted through reputed organization. The study should also consider the different regional aspects throughout the country.
8.3.5. Based on the outcome of the above-mentioned study, CGWA in coordination with Ministry of Road Transport & Highways (MoRTH) can be asked to review the existing mechanism of groundwater recharge using the surface water run off the roads."
11. Thereafter, Committee made following recommendations:-
"12.Recommendations: Considering the above-mentioned findings/observations, the following is submitted for kind consideration of Hon'ble NGT 12.1. Considering the data of the UP-Groundwater Department, the installation of ground water recharge structures through recharge well is not required in the region of Purvaanchal Expressway as artificial recharge to ground water is mandatory when the groundwater level is more than 8.00 mbgl during post monsoon period as per state government norms, whereas the area along the Expressway observed less than 8.00 mbgl during post monsoon period. 12.2. The existing 176 recharge structures can be converted for storing the collection of rain water to utilize it for horticulture/ green belt development to minimise the fresh ground water extraction besides surplus rainwater should be diverted in the natural water bodies viz. Ponds, Lakes, etc. 12.3. The NHAI/UPEIDA can be asked to monitor the water level data of Pre & Post monsoon period of every year through the borewell/piezometer installed at the toll plazas. 12.4. NHAI/UPEIDA can be asked to adopt at least 10 Hectare natural pond/lake in each semi-critical category blocks namely Ahirauala, Palhani and Sathiyaon in Azamgarh district and ensure the recharging of groundwater through natural ponding and its annual maintenance before onset of monsoon. 12.5. NHAI/UPEIDA can be asked for intensive afforestation with consultation of forest department suitable varieties of plant trees in appropriate places on the highway, which can be helpful in enhancing ground water recharge. 12.6. Detailed Characterisation study of the surface runoff from the bitumen roads throughout the country can be conducted through the reputed organization having expertise in the relevant field."
12. Tribunal considered Joint Committee report on 23.08.2022.
13. On the request of Counsel for UPEIDA however time was granted to file response in respect of the observations made by Joint Committee in its report dated 18.08.2022.
8
14. Thereafter, UPEIDA has filed its reply dated 23.01.2023 stating that it engaged third party services for collection of ground water data at various locations/projects including Toll Plazas.
15. Further, in compliance with the recommendations made by Joint Committee for converting 176 recharge structures for storing collection of rainwater to be utilized for horticulture/green belt development, it has plugged existing 176 recharge structures for storing the collection of rainwater and utilization as per the recommendations of Joint Committee. The details of rain water harvesting system converted into storage tank by plugging recharge bores at different locations are given on page 119 as under:-
Rainwater Harvesting System converted into Storage tanks by plugging recharge bores at following locations:-
A. Package- 5 ( All 17 Numbers of RWH constructed at following locations are being converted as Storage Tank for Irrigation Purpose of Avenue Plantation) Sl. No. Chainage (New) Side Sl. No Chainage (New) Side 1 192+770 RHS 10 201+260 RHS 2 193+040 RHS 11 202+780 LHS 3 193+270 RHS 12 204+780 RHS 4 193+770 LHS 13 205+020 LHS 5 194+020 LHS 14 208+020 LHS 6 196+250 LHS 15 209+020 RHS 7 196+530 LHS 16 213+520 LHS 8 197+270 RHS 17 215+270 RHS 9 197+520 LHS B. Package- 6 ( No RWH is constructed in Package-6 based on U.P. Ground water department recommendations) C. Package- 7 ( All 32 Numbers of RWH constructed at following locations are being converted as Storage Tank for Irrigation Purpose of Avenue Plantation) SI.No. Chainage (New) Side Sl. No. Chainage (New) Side 1 248+610 LHS 17 289+926 LHS 9 2 249+510 LHS 18 291+096 LHS 3 250+196 LHS 19 291+538 LHS 4 278+345 LHS 20 248+510 RHS 5 278+964 LHS 21 249+500 RHS 6 279+370 LHS 22 284+034 RHS 7 280+116 LHS 23 284+690 RHS 8 282+170 LHS 24 285+062 RHS 9 284+000 LHS 25 285+445 RHS 10 284+500 LHS 26 285+924 RHS 11 285+000 LHS 27 286+546 RHS 12 285+500 LHS 28 287+256 RHS 13 286+000 LHS 29 287+500 RHS 14 286+451 LHS 30 287+826 RHS 15 287+500 LHS 31 289+035 RHS 16 289+371 LHS 32 289+642 RHS C. Package- 8 ( All 7 Numbers of RWH constructed at following locations are being converted as Storage Tank for Irrigation Purpose of Avenue Plantation) Sl.No. Chainage (New) Side Sl. No. Chainage (New) Side 1 293+380 LHS 5 308+900 LHS 2 294+880 LHS 6 310+550 LHS 3 294+880 RHS 7 317+620 LHS 4 307+735 LHS Note :- Total 56 Numbers of RWH Constructed from Package V to VIII are being converted as storage tank by plugging the recharge bore."
16. On the suggestion of Joint Committee for adopting natural ponds/ lakes in semi-critical category blocks namely Ahirauala, Palhani and Sathiyaon in Azamgarh District to ensure recharging of ground water to natural ponding and its annual maintenance before onset of monsoon, UPEIDA stated that it has already developed several natural ponds/lakes during construction of Purvanchal Expressway. In semi-critical category blocks namely Ahirauala, Palhani and Sathiyaon in Azamgarh District 10 about 67.25 hectares area has been converted in ponds along with Purvanchal Expressway. UPEIDA has also planted 5,59,900 trees on Purvanchal Expressway divided into two main category i.e. Avenue and Median plantation. Avenue plants consist of species likes Sheesham, Jamun, Arjun, Neem, Siris, Chitwan, Kachnar, Cassia Siamea, Pipal, Bargad, Goolar, Pakad and Kanji etc. which are approximately 3,74,110 in number whereas Median plantation consist of Chandni, Kachnar, Manokamini, Bottlebrush, Tichoma and Gudhal etc. which are 1,85,719 in number.
17. Further, roadside plant species are also recommended in the working plans of Forest Divisions which are coming in the alignment of Purvanchal Expressway. UPEIDA for categorization study of surface runoff from the bitumen roads has engaged CSIR-Indian Institute of Toxicology Research, Lucknow for such study on both sides of Purvanchal Expressway.
18. UPPCB submitted its reply dated 27.01.2023 basically referring to the Joint Committee Report and stated that since UPEIDA is already getting categorization study through specialized agencies no further action is required on the part of UPPCB.
19. Applicant however filed objections vide email dated 27.01.2023 relying on certain private studies by individuals and submitted that ground water is being contaminated and this cannot be remediated or protected by mere plantation. He claimed that water recharge pits could be closed immediately and development of natural ponds in the area near expressway should be untouched.
20. Indian Institute of Toxicology Research submitted its report vide email dated 01.08.2023. Even details of water analysis reports of surface 11 runoff at Purvanchal Expressway at different locations apparently did not show any contamination at any stage.
21. UPEIDA in its reply dated 01.02.2024 was stated that under the conditions of EC it was mentioned that rain water harvesting structures may be constructed "wherever it is possible" and pursuant thereto initially installation of 1361 rainwater harvesting structures was planned and actual construction of 176 structures was started. Simultaneously, UPEIDA referred the matter to UP Ground Water Department to enquire about feasibility of ground water harvesting structures along Purvanchal Expressway. UP Ground Water Department informed the concerned project Engineers that if ground water table during post monsoon period is below 5.00 m. then only installation of rain water harvesting system is recommended. In the region of Purvanchal Expressway the ground water table is shallow at less than 8.00 m. Considering the above stand of UP Ground Water Department, construction of remaining rain water harvesting structures was de-scoped from the proposed scope of water. Only 176 rain water harvesting structures were installed along the Purvanchal Expressway. Along the periphery of Purvanchal Expressway ground water level in Azamgarh District is shallow but category of three blocks namely Ahirauala, Palhani and Sathiyaon is semi-critical as per ground water recharge report of 2020. Joint Committee also visited the site and found that ground water recharge structures through recharge well were not required in the region. With regard to bitumenus surface runoff, the matter was examined by the Committee and it was found that bitumen is not soluble in water. However, with time, surface coating of dust bitumen matrix is stripped off, accumulated along the road side. During site visit by the Committee stripping was found negligible and that too, may be, due to use of quality aggregate having good bitumen 12 adhesion property. On the aspect of bitumen road surface runoff, the joint Committee after referring several documents, said, as under:-
Central Road Research Institute (CRRI) has studied the metals contaminants of bituminous mix with aggregates and found that there is no such observed contamination.
Indian Institute of Technology, Kharagpur (IIT Kharagpur) has studied the leaching effects of Gap Graded Rubberised Bituminous Mix (GGRB) which having 20-25% Crumb Rubber (result given below) and found that there is no such observed contamination of ground water.
BITS, Hyderabad has studied the leaching effects of Bituminous Concrete Mix (8C) with CRMB&O, generally having 12-14% crumb rubber (which is also being used as wearing course of the Purvanchal Expressway) and found that there is no such observed contamination of ground water.
22. UPEIDA has considered the entire report and accordingly not only provided lakes and ponds in different areas but has also undertaken plantation at a large scale which details are already given. A list of ponds developed by UPEIDA during construction of Purvanchal Expressway in eight packages has been given along with its additional reply dated 02.09.2024 and the said list is on page 291 which reads as under:-
"List of ponds developed during construction of Purvanchal Expressway in Package 1,2,3,4,5,6,7 and 8 from Borrow areas.
A. Package - 1 (Around 8 Ponds of Total 5.011 area are developed in Package -1) as per details given below:
Sl. District Block Tehsil Village Area Approve Remarks No. (Hectare) Borrow Area No.
1. Lucknow Gosaiganj Mohanlalganj Chandsarai 0.75
2. Lucknow Gosaiganj Mohanlalganj Megahua 0.63 3. Lucknow Gosaiganj Mohanlalganj Megahua 1
4. Lucknow Gosaiganj Mohanlalganj Rajapursiular 0.506
5. Barabanki Haidergarh Haidergarh Balgankhera 0.25
6. Barabanki Haidergarh Haidergarh Daudpur 0.375
7. Barabanki Haidergarh Haidergarh Daudpur 0.75
8. Barabanki Haidergarh Haidergarh Gangapursansar 0.75 Total 5.011 13 B. Package - 2 (Around 7 Pond of Total 5.685 hectares area are developed in Package -2) as per details given below:
Sl. District Block Tehsil Village Area Approve Remarks No. (Hectare) Borrow Area No.
1. Barabanki Haidergarh Haidergarh Gairawa 0.81
2. Barabanki Haidergarh Haidergarh Gairawa 0.5
3. Barabanki Haidergarh Haidergarh Gairawa 0.25
4. Amethi Musafirkhana Shukulbazar Didiha 1
5. Amethi Musafirkhana Shukulbazar Sewra 1.375
6. Amethi Musafirkhana Shukulbazar Asispur 0.75
7. Amethi Musafirkhana Shukulbazar Hasanpur 1 Total 5.685 C. Package - 3 (Around 5 Pond of Total 3.7 hectares area are developed in Package - 3) as per details given below:
Sl. District Block Tehsil Village Area Approve Remarks No. (Hectare) Borrow Area No.
1. Sultanpur Baldiral Baldiral Maigh Mau 0.2
2. Sultanpur Baldiral Baldiral Dehriyawa 0.6
3. Sultanpur Baldiral Baldiral Hayanakhurd 1.5
4. Sultanpur Dhanpatganj Baldiral Dhanpatganj 0.6
5. Sultanpur Kurebhar Kurebhar Lokepur 0.8 Total 3.7 D. Package - 4 (Around 1 Pond of Total 0.37 hectares area are developed in Package - 4) as per details given below:
Sl. District Block Tehsil Village Area Approve Remarks No. (Hectare) Borrow Area No.
1. Sultanpur Kurebhar Jaisinghpur Sabai 0.37 Total 0.37 E. Package - 5 (Around 9 Major Ponds of Total 20.25 hectares area are developed in Package - 5 including Ahiraula Block) as per details given below:
Sl. District Block Tehsil Village Area Approve Remarks No. (Hectare) Borrow Area No. 14
1. Azamgarh Ahiraula Phulpur Rupalpur 4.47 38
2. Azamgarh Mahul Phulpur Chakbalshah 5.12 59
3. Azamgarh Pawal Phulpur Patona 2.57 41
4. Azamgarh Pawal Phulpur Hamirpur 0.48 2
5. Sultanpur Akhandnagar Kadipur Baroli 1.48 6
6. Ambedkar Akbarpur Jalapur Dhamrua 1.28 10 Nagar
7. Sultanpur Akhandnagar Kadipur Chadipur 3.5 31
8. Sultanpur Akhandnagar Kadipur Nempur 1.23 100
9. Azamgarh Pawal Phulpur Khandora 0.42 1 Total 20.55 F. Package - 6 (Around 4 Major Ponds of Total 18 hectares area are developed in Package - 6 including Palhani Block) as per details given below:
Sl. District Block Tehsil Village Area Approve Remarks No. (Hectare) Borrow Area No.
1. Azamgarh Palhani Sadar Gangtia 7.2 21
2. Azamgarh Palhani Sadar Gangtia 4.2 45
3. Azamgarh Palhani Sadar Gangtia 3.8 45
4. Azamgarh Palhani Sadar Gangtia 2.8 45 Total 18 G. Package - 7 (Around 4 Major Ponds of Total 18.176 hectares area are developed in Package - 7 including Sathiyaon Block) as per details given below:
Sl. District Block Tehsil Village Area Approve Remarks No. (Hectare) Borrow Area No.
1. Azamgarh Sathiyaon Sadar Lohra 4.08 84
2. Azamgarh Sathiyaon Sadar Singhi 4.08 207
3. Azamgarh Sathiyaon Sadar Bajahankhas 3.256 232 Total 11.416 H. Package - 8 (Around 8 Major Ponds of Total 10.524 hectares area are developed in Package - 8) as per details given below:
Sl. District Block Tehsil Village Area Approve Remarks No. (Hectare) Borrow Area No. 15
1. Ghazipur Mardah Kasimabad Kelhi 0.424 126
2. Ghazipur Kasimabad Kasimabad Sidaut 3.73 93
3. Ghazipur Mardah Kasimabad Sidaut 0.48 162
4. Ghazipur Barachawar Kasimabad Surjipatti 3.53 147
5. Ghazipur Muhammdabad Muhammdabad MogaSarai 0.86 84
6. Ghazipur Kasimabad Kasimabad Dharwarkhur 0.375 17
7. Ghazipur Kasimabad Kasimabad MahuarNaktu 0.375 99
8. Ghazipur Kasimabad Kasimabad Dharwarkala 0.75 4 Total 10524 Note:- Around 46 ponds are developed in Package 1 to 8 of about 82.016 hectares area."
23. The details of plantation is also given on page 308 and the said chart is reproduced as under:-
Avenue Plantation Median Plantation
No. of Name of species No. of Name of Total no. Status
Plants Plants species of plants
619627 Sheesham, 205689 Chandni, 825316 Plantation is
Jamun, Arjun, Kachnar, well
Neem, Siris, Manokamini, established
Chitwan, Bottlebrush, and the
Kachnar, Cassia Tichoma and photographs
Siamea, Pipal, Gudhal etc. are here by
Bargad, Goolar, attached.
Pakad and Kanji
etc.
24. It is thus evident that the complaint made by applicant that due to bitumenus surface runoff there is contamination of ground water, technical and expert opinion is otherwise.
25. In the circumstances, we do not find any cross in the substance of the applicant.
26. UPEIDA in the light of recommendations made by the Joint Committee and other Authorities and experts has already proceeded in the matter by providing a large number of lakes and ponds across the area as also plantation.16
27. We, therefore, find it appropriate to direct UPEIDA to continuously monitor the status of lakes and ponds which have already developed as also safety and wherever it is necessary shall also proceed for plantation around the ponds which will enhance the life of the ponds, prevent erosion and will add to the recharge capacity of water bodies. This will also add to the landscape beauty of the area. Further with regard to plantation, UPEIDA has already undertaken appropriate steps it shall ensure that maximum numbers of plants remain alive and grow effectively. Further to cover up the gap it will continue to go on plantation, i.e. gap plantation as when the same is required.
28. With the above directions, this Original Application is disposed of.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM September 13, 2024 O.A No. 170/2022 (I.A. No. 201/2024) A 17