National Green Tribunal
Vijay Kishor Goswami vs State Of Uttar Pradesh on 13 July, 2022
Item No.02 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No. 175/2022
Vijay Kishor Goswami ...Applicant
Versus
State of Uttar Pradesh & Ors. ...Respondents
Date of hearing: 13.07.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Rahul Choudhary, Advocate
Respondents: Mr. Pradeep Mishra and Mr. Daleep Dhyani, Advocates for
UPPCB
ORDER
1. Grievance of the applicant Mr. Vijay Kishor Goswami is against reckless and excessive concretization in the areas of Banke Bihar Colony, Ramanreti, Kailash Nagar, Chaitanya Vihar and along with Yamuna Parikarma Marg in the city of Vrindavan, Uttar Pradesh in violation of the Orders of this Tribunal in OA No. 165/2013, titled Akash Vishishtha vs. Union of India and the G.O. dated 23.03.2018 issued by the State of Uttar Pradesh.
2. Vide order dated 07.03.2022, this Tribunal constituted the Joint Committee comprising of State PCB, DFO and District Magistrate-Mathura (Uttar Pradesh) and directed the same to submit factual and action taken report within two months. The relevant part of the order is reproduced hereunder:-
"Having regard to the allegations of the applicant, it appears necessary to ascertain the factual position in the matter through a Joint Committee of the State PCB, DFO and District Magistrate- Mathura (Uttar Pradesh). The State PCB will be the Nodal agency for coordination and compliance. The Joint Committee may meet within four weeks and furnished within three months by e-mail at O. A. No. 175/2022 Vijay Kishor Goswami V.s State of Uttar Pradesh & Ors.-2-
undertake site visit and look into the grievance of the applicant. Factual and action taken report may be furnished within three months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF..."
3. In compliance thereof, the Joint Committee inspected the area on 18.05.2022 and has submitted report vide email dated 08.07.2022. The relevant part of the report is reproduced here under:-
" 3. Factual Status Report Site inspection was conducted by the joint committee ON 18.05.2022 (Annexure-4) in the presence of applicant, Shri Vijay Kishore Goswami (The petioner). Major findings of Site inspection of the inspection committee are as follows:-
In Chaitanya Vihar, from Bhagwat niwas building to jagat guru kripalu parishad sansthan the road length is about 600 meters. whose width varies from 10 meters to 11 meters.It was found to have been concretized.(photographs annexed).
In Ramanreti, the road length of about 1.0 km having width as 11 meters from Thakur ji ashram to radha krishna Pathak bageechee was found to have been concretized.(photograph annexed).
In Ramanreti-Banke Bihari Colony, road length of about 1.0 km having width as 11 meters from nagar nigam park to banke bihari colony was found to have been concretized. (photographs annexed).
In Kailash nagar, the road length of approx. 2.0 km having width from 10 meters'to 12.5 meters from dauji bageechee to sabji mandi was found to have been made with interlocking tiles completely. (photographs annexed).
Yamuna parikrama marg is about 5.0 km in length is a Darner road (Coal Tar) and footpath has been made with interlocking tiles.
The inspection committee recommended that:-
On the basis of site inspection report, it was observed prima facie that Chaitanya vihar, ramanreti and banke bihari colony roads have been concretized completely. Kailash nagar road is made with interlocking tiles and parikrma marg footpath has been made with interlocking tiles. Hence in context of violation of directions of Hon'ble NGT OA No. 165/2013 Akash vasistha Vs Union of India order dated 05.07.2016 and further Nagar vikas anubhag-5, U P govt. G.O. dated 23.03.2018, notices should be issued to all concerned executive agencies viz. Mathura-Vrindawan Nagar Nigam, O. A. No. 175/2022 Vijay Kishor Goswami V.s State of Uttar Pradesh & Ors.-3-
Mathura-Vrindawan Development Authority, Public works department and UP Rural Engineering Services, Mathura to get their replies.
Action Taken Report
1) On the basis of the report of site inspection committee dated 18.05.2022 , notices were issued to all concerned executive agencies viz.
Mathura-Vrindawan Nagar Nigam, Matura-Vrindawan Development Authority, Public works department and UP Rural Engineering Services, Mathura to get their replies dated 24.05.2022 through designated nodal agency viz. SPCB officer. (Annexure 5).
2) Replies were received from concerned agencies as follows:
i) Executive Engineer, Rural engineering services, Mathura vide letter dated 16.06.22 (Annexure-5) informed that department has not conducted any work on the above mentioned locations.
ii) Chief Engineer, Mathura-Vrindawan Nagar Nigam vide letter dated 23.06.22 (Annexure-6) informed that Chaitanya vihar & Kailash Nagar colony/areas have been developed by Mathura-
Vrindawan development authority, CC and interlocking tiles work was done and was handed over to Nagar Nigarn in year 2021. In Banke Bihari colony, road is constructed prior to propagation of G.O., only maintenance of CC roads are being done.
iii) Chief Engineer, Mathura-Vrindawan development authority vide letter dated 28.06.2022 and 01.07.2022 (Annexure-7) has informed that In Kailash nagar, the road length approx, 2.0 km whose width varies from 10 meters to 12.5 meters from dauji bageechee to sabji mandi is made with interlocking tiles completely in year 2014-
15. G.S.B. and interlocking tiles have been used for carriage way and footpath. This activity is done prior to the G.O. dated 23.03.2018 and directions will be complied with in future work.
iv) Executive Engineer, Provincial division, Public Works Department, Mathura vide letter dated 28.06.2022 and 30.06.2022 (Annexure-8) has informed that In chaitany vihar and ramanreti, old road is maintained with 15 cm CC work by the department and area around plantation has been kept earthen. On Yamuna parikrama marg, After 2018 no interlocking work is performed on footpath while earthen footpath is developed by braj teerth vikas parishad in place of interlocking tiles. No violation of G.O. is being done on the above two roads."
4. Notice be issued to the respondents requiring them to file replies specifically responding to all material averments made in the application and observations made in the report of the Joint Committee within two months.
O. A. No. 175/2022 Vijay Kishor Goswami V.s State of Uttar Pradesh & Ors.
-4-5. The applicant is directed to take requisite steps for service of notices on the respondents and file affidavit regarding the same by email at [email protected] within seven days.
6. List the matter for further consideration on 16.09.2022.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM July 13, 2022 AG