National Green Tribunal
Ramnaresh vs State Of U.P. & Ors on 28 February, 2023
Item No. 6 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 510/2022
Ramnaresh ...Applicant
Versus
State of U.P. & Ors. ...Respondents
Date of hearing: 28.02.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None.
Respondent: Ms. Shivangi Kumar, Proxy Counsel for Mr. Arvind
Kumar Advocate for UPPCB.
Application is registered based on a letter petition received by Email.
ORDER
1. The grievance in the present application is regarding discharge of untreated sewage in Pameri drain which is adding to pollution of River Yamuna.
2. Vide order dated 30.08.2022, this Tribunal constituted a Joint Committee with direction to submit its Factual and Action Taken Report within two months which period was extended vide order dated 20.12.2022.
3. In compliance thereof report of the Joint Committee has been filed vide email dated 19.01.2023. The relevant part of the report is reproduced below:-
"1.0. Background In compliance of the Hon'ble NGT order dated 30.08.2022 in the matter of O.A. No. 510 of 2022 Ramnaresh Versus State of O. A. No. 510/2022 Ramnaresh Vs. State of U.P. & Ors.-2-
Uttar Pradesh and others regarding verification of factual position of complaint about discharge of untreated sewage in Pameri drain which is adding to pollution of River Yamuna.The relevant part of the order is as follow:
"...Accordingly, we constitute a joint committee comprising representative of State PCB and District Magistrate, Firozabad 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 proponents, verify the factual position, take appropriate remedial action by following due process of law and submit its Factual and Action Taken Report within two months by e-mail at [email protected] The State PCB will be the nodal agency for coordination and compliance."
In compliance to said order, following committee was constituted. Nominated Members
1. Sh. Satyendra Kumar,SDM, Tundla
2. Sh. Baljeet Singh, Executive Engineer, Irrigation deptt.. Hathras.
3. Sh. Surendra Pratap, Executive Officer. Nagar Palika Parishad, Tundla.
4. Sh. V.K. Dubey, Regional Officer, U.P.P.C.B., Firozabad.
2.0. Inspection and Monitoring of Joint Committee:
Committee carried out the inspection of the Pameri Drain on dt. 09.01.2023. During the inspection S.D.M., Tundla & representative of Pameri Drain (Ex-En irrigation department.
Hathras and Executive officer, Nagar Palika Parishad. Tundla.) were present. The applicant was informed through telephonically and text by UPPCB to associate with joint inspection committee but applicant did not associate with the joint committee. Pameri Drain salient observation and recommendations of inspection team are given below.
3.0. Introduction:
Complainant stated in his complain that Discharge of untreated sewage in Pameri drain which is adding to pollution of River Yamuna. To verify the factual status. The Inspection of Pameri drain was carried out on 09.01.2023. Toilets have been constructed over the drain in the mid of Tundla town. The mix sewage Waste water from the toilet/Sauchalaya was going into the drain. As per the irrigation department's letter dt. 01.03.2017, they had given conditional NOC letter only for the constructions of drain (Annexure-A).
Executive Officer. Nagar Palika Parishad. Tundla has also reported to Additional District Magistrate (FIR), Firozabad vide letter dt. 20.12.2022. That they have constructed Sauchalaya over the drain (Annexure-B).
4.0. Inspection of Pameri Drain:
O. A. No. 510/2022 Ramnaresh Vs. State of U.P. & Ors.-3-
District Magistrate, Firozabad has constituted the inspection team of S.D.M., Tundla, Ex. Engineer, Irrigation deptt., Hathras, E.O. Tundla & R.O., UPPCB, Firozabad. Regarding complaint inspection the committee/representative visited the Pamari drain start point at Village-Pamari, Tehsil-Tundla, District- Firozabad and sample collection were carried out on dt. 09.01.23 of Pamari Village/Pamari drain having Lat. -- 27.265867°, Long. -- 78.23402°.
Pamari drain which starts from Villgae- Pamari and meets a big pond near Village-Mohammadabad (Tundla) having area of around 2.0 Hectare as per Nagar Palika discussion. A culvert under passing National Highway which carries ponds water & rain water including the discharge of Mohammada bad village but presently no flow was noticed during inspection.
As per the report of Nagar Palika, Tundla. They have constructed permanent roof top slab over the Pamari drain and Toilets has been constructed over it for which septic tank & soak pit provided. During inspection it is noticed that the domestic sewage is discharged in Pamari drain. Which travels around 12 kms. & on the way of Sewage mixed waste water of the drain is used by local farmers for Irrigation purpose by providing Diesel Engine also as per their requirements. The drain passes through Village-Chulawali, Nagla Teja, Nagla Gadhiya (Rasulabad) & Nagla Chhar at approx 7 Kms having Lat. 27.156423° & Long. 78.241558°. The drain ends nearby Village Nagla Chhar. The whole drain water is temporarily stopped by local farmers. After that there is no waste water/ sewage was flowing in the drain and the drain found in dry condition (Photograph of the drain is attached as Annexure-C). Hence at present there is no direct discharge in River Yamuna. Only during rainy season it may be meets River Yamuna. No other encroachment were found over the drain other than toilets during the inspection. Effluent samples was collected during inspection from the following sampling points.
5.0. Detail of Sampling points are given below.
S.No. Date of Sampling Points Lat. & Long.
Sample Collection 1 09.01.2023 Pamari Lat:- 27.265867° (Panwari) Village Long:- 78.23402° (Drain) (Starting Point) 2 09.01.2023 Mohammadaba Lat:- 27.232182° d Village at Long:- 78.236272° Tundla, Pamari (Panwari) drain before meeting the big pond O. A. No. 510/2022 Ramnaresh Vs. State of U.P. & Ors.
-4-
3 09.01.2023 Mohammadaba Lat:- 27.231778°
d Village pond Long:- 78.236378°
after meeting
Pamari(Panwari
) drain
4 09.01.2023 Christ the king Lat:- 27.228212°
inter college, Long:- 78.237052°
Mohammadabad
,Tundla Road
populated area
Tundla.
5 09.01.2023 Kothi No. 1, Lat:- 27.209576°
Tundla (R.P.F. Long:- 78.24508°
Barack) after
illegal
Shauchalaya
(Before meeting
River Yamuna)
The effluents sample deposited to the Regional Office Laboratory, UPPCB, Agra for Analysis purposes. As per the sample Analysis report received from R.O., UPPCB, Agra Office. The quality of mixed Domestic effluents is not meeting the standards (Annexure-D).
6.0. Details of Analysis report are given below.
S. Sampling Points Parameter as Standard
No. per water
testing report
1 Pamari (Panwari) PH- 7.9, PH- 5.5 to 9.0
Village (Drain) TSS-687 mg/I, TSS - 100 mg/ltr
B.O.D.-194 mg/I, BOD - 30 mg/ltr
COD- 416 mg/I, COD - 250
TDS- 1718 mg/I. mg/lft
TDS- No
Standard
2 Mohammadabad PH- 8.1,
Village at Tundla, TSS-109 mg/I,
Pamari (Panwari) B.O.D.-28 mg/I,
drain before meeting COD- 104 mg/I,
the pond -1 TDS- 537 mg/I.
3 Mohammadabad PH- 7.7,
Village pond-2 after TSS-164 mg/I,
meeting Pamari B.O.D.-58 mg/I,
(Panwari) drain COD- 168 mg/I,
TDS- 1511 mg/I.
O. A. No. 510/2022 Ramnaresh Vs. State of U.P. & Ors.
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Christ the king inter PH- 8.4,
college, TSS-235 mg/I,
Mohammadabad, B.O.D.-116 mg/I,
Tundla Road COD- 384 mg/I,
populated area TDS- 2216 mg/I.
Tundla.
Kothi No. 1, Tundla PH- 8.1,
(R.P.F. Barack) after TSS-128 mg/I, illegal Shauchalaya B.O.D.-114 mg/I, COD- 368 mg/I, TDS-1841mg/I. 7.0. Action Taken Report (ATR)
1. Asstt. Engineer (III), Irrigation deptt., Hathras has given letter Dt. 13.01.2023 to Executive Officer, Nagar Palika Parishad, Tundla that illegal Sauchalaya constructed over the Pamari drain should be removed within 03 days ( Letter Copy enclosed).
2. A notice has been issued to Executive Officer, Tundla dt. 10.01.13 regarding sewage discharge in Pamari drain by U.P.P.C.B. (S.P.C.B.) (Copy enclosed).
3. Executive Officer, Nagar Palika Parishad, Tundla and Irrigation deptt., Hathras jointly demolished the illegal Sauchalaya through JCB machine on dt. 17.01.2023 & damaged the whole civil structure form Pamari drain and now sewage discharge in Pamari drain is stopped which was going through Sauchalaya. Compliance report of Executive Engineer, Irrigation deptt., Hathras in this regard dt. 18.01.2023 submitted."
4. In view of the averments in the application and observations in the report of the Joint Committee, we consider it appropriate to have response of (1) the State of Uttar Pradesh through Chief Secretary, Government of Uttar Pradesh, (2) Executive Officer, Nagar Palika Parishad, Tundla (3) State PCB and (4) District Magistrate, Tundla who stand impleaded as respondents no. 1 to 4. The Registry is directed to prepare and attach memo of parties to the application.
5. Respondent no. 3 is already appearing before this Tribunal through counsel. Notices alongwith the copies of the application and report of the Joint Committee be issued to respondents no. 1, 2 and 4 requiring them to file their reply/response.
O. A. No. 510/2022 Ramnaresh Vs. State of U.P. & Ors.
-6-6. Reply/response by the respondents no 1, 2 and 4 be filed within two months by email at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
7. List for further consideration on 29.05.2023.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM February 28, 2023 AG