Kartik Sharma vs State Of Uttarakhand on 21 April, 2023

[Cites 11, Cited by 5]

National Green Tribunal

Kartik Sharma vs State Of Uttarakhand on 21 April, 2023

1. Grievance in this application is against unregulated drawal of water from Mussoorie Lake, having potential for damage to the lake. The violators include Hotel Jaypee Residency, Mussoorie and others. Larger issue is permitting number of hotels and visitors beyond the capacity of the environment to sustain without stringent enforcement of regulatory regime against the sustainable development principle to the detriment of flora and fauna in the area.

1 Procedural History

2. Vide order dated 18.05.2022, the Tribunal considered the grievance and observed that unregulated drawal of water from lake could affect natural water cycle and environmental functions performed by the Lake like recharge of ground water aquifer, protecting habitat of aquatic and semi aquatic plants and animals, quality of water etc. To verify the factual position, the Tribunal constituted a joint Committee of CPCB, State PCB, District Magistrate, Dehradun and State Wetland Authority and required the said Committee to furnish a factual and action taken report to this Tribunal.

3. The matter was further considered on 02.09.2022 in the light of report of the joint Committee dated 20.08.2022 to the effect that large number of hotels were taking water through tankers from catchment area of lake such as water spring near the lake without any regulation. In view of adverse impact of such unregulated withdrawal of water on environment, the Tribunal directed remedial measures to be overseen by the joint Committee of Chairman, Uttarakhand Pay Jal Sansthan with nominees of National Wetland Authority, State Wetland Authority, State PCB and District Magistrate, Dehradun. Operative part of the said order is reproduced below:

"1&2...xxx..............................xxx.......................................xxx

3. In pursuance of above, the State PCB on behalf of the joint Committee has filed its report on 20.08.2022, annexing observations during the field visit on July 13-14, 2022. Relevant extracts from the report are as follows:-

"Field visit and observation of the Joint Committee During July 13-14, 2022 A) Status of water resources in Mussoorie during the visit: -

It was found that the major water resources for the supply in the city or lake is natural water springs emanating from different points in the hilly area. These water 2 springs are being tapped and supplied by the Jal Sansthan to their consumer that is domestic (Urban Area) as well as commercial purpose (hotels and other commercial activities). As per the discussion had with representative of Jal Sansthan Mr. Abhay Bhandari (Asst. Engineer), Mr. Abhay Singh Tirthwal(J.E), all the hotels are having water connection to fulfill their regular water requirements in normal days. The committee has verified some of the water bill, which was raised by Jal Sansthan and paid by hotels, which are enclosed for reference. (Annexure-1).

B) As the prime matter of concern of the complainant is "Mussoorie Lake" which is manmade and is being developed and maintained by the Nagar Palika Parishad, Mussoorie.

Mussoorie Lake is newly developed picnic spot located at 6 km from Mussoorie on Dehradun-Mussoorie Road. The Mussoorie Lake get water form natural water spring of the nearby hill, which is passing through Dhobi Ghat. The Mussoorie Lake is being used as aesthetic scenic beauty as well as amusement activities for the children as well as tourists.

In Dhobi Ghat approximately 50-60 families are habituating on the either bank of the water spring in this hilly area. All of them are engaged in the washing of clothes for commercial purpose. During discussion with the people around that they get clothes mostly from the hotels/ hospitals. They are not well organized and the wastewater generated from washing activities being directly discharged into the continuous flowing water spring which further goes to different hotel industries, commercial establishment and Mussoorie Lake. In the upstream of Dhobi Ghat water has been tapped by the Jal Sansthan, which they are using for the supplying in the urban areas, which includes hotels and other commercial activities. The seepage form this point goes downstream and used by the washerman, tapping by the tankers and rest water goes to Mussoorie Lake and Bhatta fall. Detailed flow diagram of water feeding system in Mussoorie lake is given as under with relevant photographs.

Water Feeding System in Mussoorie Lake Natural Water Spring Seepage Tapped by Jal Sansthan for Passes through Dhobi Ghat & tap water supply to urban Washerman uses water for washing clothes for commercial purpose Tapped water for tanker feeding for hotel & other Seepage commercial establishment Mussoorie-Dehradun State Highway Excess water Bypass & goes to Bhatta Fall Developed & Mussorie Lake Maintained by Amusement Activities Nagar Palika Parishad, Mussorrie Outlet goes to Bhatta Fall  No metering system installed in this water spring.  Water extraction is not regulated by any authority 4 No water extraction point in the Mussoorie Lake has been seen by the Joint Committee, which could be the potential use for the commercial establishment such as by hotels etc. C) Operation and maintenance of the water supply by the Jal Sansthan in Mussoorie is being carried out by tapping of different natural water springs& extraction of ground water to the local urban area, which includes commercial establishments.

D) To ascertain the facts as applicant has raised in their grievances that hotels are withdrawing the water from Mussoorie Lake to fulfill their requirements, some of the hotels which are having more than 100 rooms capacity and operating in Mussoorie area has been visited by the Joint Committee to see their water management system they have adopted. (1) Hotel The Savoy, Library Bazar Gandhi Chowk Post Savoy, Mussoorie, Uttarakhand  Room Capacity -- 110 Rooms (as per the Consent granted by UKPCB)  Total Water connection from Jal Sansthan -- 12  Receives approximately 30 KLD (average) of water during month of April -- May 2022 (Data is based on the April -- May Bill raised by Jal Sasthan)  Additional water requirements during the peak periods the hotel management take water from the natural water spring using water tankers, during night hours (10:00 PM to 5:00 AM) to avoid traffic congestion.

 It was informed by the hotel management that during month of April--May approximately 56 KLD water they consume from the natural water springs which is located on the Dehradun-Mussoorie State Highway.

 The wastewater generated by the different activities by the hotel is being treated by the existing Sewage Treatment Plant (STP) of 80 KLD Capacity as well as Effluent Treatment Plant (ETP) of 10 KLD Capacity. The quality of water outlet of these treatment facilities as per the analysis report provided by the hotel, complying with the prescribes norms.  It was informed that the treated waste water is being used for horticulture activities within the premises.

2) M/s Jaypee Residency Manor Near St Georges Collage, Barlowganj, Mussoorie  Room capacity -- 135 number (as per the Consent granted by UKPCB)  Total Water connection from Jal Sansthan -- 02  Total water received during April-May, 2022 as per the bill raised by the Jal Sansthan --45.6 KLD (Average)  Additional water fetch through water tanker -- 1.6KLD (Average). They are meeting out their additional requirement through water tanker, which they fetch from the natural water spring near Mussoorie Lake as other hotels or commercial establishments practices. The collection of additional water is carried out form 5 the natural water springs during night hours (10:00pm to 5:00am) as per direction of local administration to avoid traffic congestion as the water extraction point is on the Dehradun-Mussoorie State Highway.

 Sewage Treatment Plant (STP) for the treatment of the Sewage generated in the hotel -- 110KLD, Effluent Treatment Plant (ETP) for the treatment of laundry- 12KLD  As per the analysis report provided by the hotel for the treated waste water, which is being used for horticulture purpose all the prescribed parameters, were found well in the prescribed norms.

 The Hotel is surrounded by the residential area, it seems the treated/untreated waste water is not being discharged by the hotel in the surrounding water bodies. In this regard, State Pollution Control Board not found any public complaint in the recent past.

 As per available log book with the hotel 35-40 KLD treated waste water generated from treatment facility, which is being used for horticulture within the premises (approx. 6- acre area out of 9-acre land).

During the site visit by the Joint Committee, no clear-cut evidence could trace out which can make responsible the hotel for polluting the Mussoorie Lake.

E) As the complainant raised the issue of environmental function performed by lake, recharge of ground water aquifer, habited to aquatic and semi-aquatic plants and animals and quality of water etc. the Joint Committee visited the site and collected water samples from different locations of water spring and Mussoorie Lake to find out the factual position. These water samples are being analysis in Uttarakhand Pollution Control Board laboratory. The report and observations will be submitted in due course of time.

F) The detail study of environmental function performed by lake, recharge of ground water aquifer, habited to aquatic and semi- aquatic plants and animals is specialized task and required expert/specialized designated organization such as Limnologist/Lake Conservation Dept., Ground Water Board etc. The specialist of the subject concerned/department of the area concerned may be involved/engaged in this investigation to ascertain the factual position of Mussoorie Lake in Mussoorie in case Hon'ble NGT feel necessary considering the interim report submitted by Joint Committee.

G) As per the information available in Uttarakhand Pollution Control Board the total number of hotels is 282 of different categories that is Red, Orange and Green, operating in Mussoorie. Categorization is made based on the number of rooms of hotel being operated. The status of these hotels with respect to their regulatory requirement is annexed for reference (Annexure No 2).The Uttarakhand Pollution Control Board required to have strict vigil over the water quality management being practice by hotels to avoid deterioration of environmental conditions nearby water resources. They also required to prepare an inventory of 6 potential water resources, which are being used for commercial purposes, in coordination with Jal Sansthan and Urban Local Bodies in this area to ensure sustainable water resource management.

H) Regarding washing activities at commercial level by the washerman in Dhobi Ghat, the local urban body required to regulate washing activities as per the establish norms to avoid further deterioration the water quality of the natural water spring, in coordination with Jal Sansthan, Wetland development authority & State Pollution Control Board."

4. We have heard learned counsel for the State PCB and considered the matter.

5. From the report it is seen that apart from water connections from the Jal Sansthan, the hotels are taking water through tankers which is taken from natural water spring near the Lake. Collection of additional water from natural water spring is in night hours.

6. In view of the report, it is clear that water is being collected from springs near the lake which is bound to adversely affect flow of water in the lake and downstream. There is no regulation for such drawal for commercial use to the detriment of those who depend on spring for scarce drinking water. Thus, scarce and precious clean water is being unauthorizedly taken from the catchment area of the Lake at the cost of the environment as shown by the flow chart report. This situation needs to be remedied, particularly when water is not surplus. If such drawal of water is not regulated, content of water in the Lake will be substantially reduced and downstream water bodies and water supply will be obstructed, to the detriment of the environment. Further, it needs to be ensured that no wash water from washing of clothes or other source of waste water goes into the Lake and contaminates the same. The water quality of Lake needs to be monitored at least of Class 'B' of Primary Water Quality Criteria.

7. Accordingly, we direct a five member joint Committee to be headed by Chairman, Uttarakhand Pay Jal Sansthan with nominees of National Wetland Authority, State Wetland Authority, State PCB and District Magistrate, Dehradun to ensure that drawal of water from the catchment area of the Lake is duly regulated. State PCB needs to regulate consents only to the extent of availability of water with a commercial establishment from water harvesting or recycled waste water or water supplied by the Jal Sansthan. No hotel be allowed to draw water from springs flowing into the lake without strict regulation, considering the extent of availability and priority for availability of water for drinking purposes for the inhabitants. The State PCB will be the Nodal Agency for coordination and compliance. The Committee may ascertain the extent of capacity of the Jal Sansthan to supply water for domestic and commercial purposes separately. The Committee may also suggest regulatory measures to ensure that no unregulated drawal of water takes place for commercial purposes from the catchment areas of the Lake. A report about compliance status as per above directions as on 31.10.2022 be furnished by 15.11.2022 by e-mail at judicial- 7

[email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF."

4. In the light of the above, report dated 09.01.2023 was filed which was considered by the Tribunal vide order dated 12.1.2023. It was observed that the report failed to show the compliance of order dated 02.09.2022. Accordingly, the Tribunal directed further effective measures to enforce Rule of Law and protection of environment. Operative part of the said order is reproduced below:-

"1to10...xxx..................................xxx....................................xxx

11. The joint Committee which was constituted to ensure that drawl of water from catchment area of Lake is duly regulated and UKPCB should regulate consents only to the extent of availability of water with commercial establishments from water harvesting or recycled waste water or water supply by Uttarakhand Jal Sansthan but the said directions have not been given any attention either by the joint Committee or UKPCB. This attitude and approach on the part of the joint Committee and UKPCB cannot be appreciated. Further, the Tribunal very categorically said that no hotel be allowed to draw water from springs flowing into Lake without strict regulation, considering the extent of availability and priority for availability of water for drinking purposes for the inhabitants.

12. The Tribunal also directed the Committee to ascertain extent of capacity of Jal Sansthan to supply water for domestic and commercial purposes separately and to suggest regulatory measures to ensure that no unregulated drawl of water takes place for commercial purposes from the catchment areas of the Lake. The report unfortunately is silent on this aspect and no specific directions/observations/provisions/ suggestions have been made by the Committee.

13. The report, in fact, is incomplete and now, shows ineffective compliance of this Tribunal's order dated 02.09.2022. Since, drawl of water by private vendors for supply thereof for commercial use by the hotels is continuing with unregulated, irrespective of the fact that availability of drinking water supplied by Uttarakhand Jal Sansthan is not sufficient and as much as total demand of water in MLD is 12.62 and availability of water is only 7.10 MLD. The shortage of water is 6.62 MLD and no provision has been shown as to how the shortage of water is being met or would be met.

14. Obviously, in a wholly unregulated and irrational manner the natural resources are being exploited by private persons using the natural asset for personal-commercial purposes affecting the availability of natural resources to be utilized for the public purpose.

Public Trust Doctrine, in fact, in this case is being not complied by the Authorities in blatant illegal manner. It is no doubt true that the principal of Sustainable Development must be kept in mind which included running of hotels but not at the cost of the general people with regard to the availability of water for drinking and for domestic purposes.

15. In the fact and circumstances, till proper effective regulatory measures are provided by the UKPCB and other Authorities including District Magistrate, Dehradun, we hereby direct UKPCB and Distract Magistrate, Dehradun to ensure that no private vendor draw any water to carry through taker for supply for commercial use by the hotels and any violation will attract imposition of environmental compensation payable by such vendors and users, i.e., hotels.

16. In the meantime, we also direct that UKPCB shall take steps for determination of compensation for illegal use of water drawn from Dhobighat Water Spring by the hotels for commercial purposes, list whereof have been submitted as Annexure-2 to the report dated 20.08.2022, in accordance with law. The compensation shall also be determined against the private vendors who have illegally drawn water from the above water stream, in accordance with law.

17. We further direct that a further detailed effective compliance report in terms of the directions given by this Tribunal in the order dated 02.09.2022 be placed before this Tribunal by means of further compliance and action taken report which shall 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. Nodal agency will be the District Magistrate, Dehradun, Uttarakhand for coordination and compliance."

Report dated 19.4.2023 for today's consideration

5. In pursuance of above, report dated 28.03.2023 has been filed by the District Magistrate, Dehradun and compliance affidavit dated 19.04.2023 has been filed by the State PCB. Since State PCB affidavit covers the report District Magistrate also, it will suffice to refer to the same.

6. It is stated that system of extraction of stream water by private vendors and hotels through tankers has since been stopped. For past illegal withdrawal of water, the State PCB could not take any action in absence of parameters for fixing accountability. Out of 282 hotels, 176 have been examined for revalidating the consents out of whom 130 are 9 found to be within the limit of water supplied by the Jal Sansthan and 46 have requirement beyond sanctioned supply. Meeting has been conducted to consider improving the water quality from D category to B category in the area of Dhobighat and D category refers to impermissible pollution level in water.

Today's consideration and finding

7. We note with regret the failure of the authorities in enforcing the law to protect the environment in the area by stopping and regulating unsustainable activities and taking action for past violations. This is so despite repeated specific observations of the Tribunal vide orders dated 18.05.2022, 02.09.2022 and 12.01.2023. Rampant illegality of unregulated withdrawal of water for commercial purposes to the detriment of environment is acknowledged for which there is no remedial measures. Least expected from the State Authorities was that violators will be visited with monetary compensation on 'Polluter Pays' principle for past violations apart from considering prosecution and steps will be taken to prevent further violations. Surprisingly, the State PCB has stated that it does not have powers to enforce Polluter Pays principle or take effective measures. It is not aware of scale of compensation in absence of such scale being fixed by CPCB.

8. State authorities appear to be avoiding responsibility in terms of public trust doctrine to protect environment and natural resources. As laid down by the Hon'ble Supreme Court in Vellore Citizens Welfare Forum v. UOI, (1996) 5 SCC 647, 'Polluter Pays' principle is to be taken as part of domestic law. Under the Water (Prevention and Control of Pollution Act) 1974, wide statutory functions/duties are entrusted to the State PCB which do not exclude invocation of Polluter Pays principle as a part of regulatory mechanism for protection and restoration of environment inter 10 alia under sections 33A and 49 of the Water Act. Faced with the above, Member Secretary, State PCB and counsel for the State PCB have assured that within two weeks meaningful action will be taken. Following statement has been filed on behalf of the State PCB:

"1. Consolidated Consent & Authorization (CCA) of 46 Hotels (which have used excess water compared with supplied water quantity by Uttarakhand Jal Sansthan) has been modified immediately to the extent of availability of water being supplied by the Uttarakhand Jal Sansthan.

2. Operation of excess rooms in above said 46 Hotels has been restricted through above said modified CCA order. Accordingly one week notice for closure/sealing of excess rooms in the hotel is being issued by UKPCB immediately today itself.

3. After one week, the closure/sealing of excess rooms will begin with the help of District Administration.

4. The calculation and imposition of Environmental Compensation on above said hotels will be completed within 15 days.

5. The water assessment in the remaining 106 hotels out of total 282 hotels shall be completed within 15 days. The action against the hotels, which are using excess water compared with supplied water by Uttarakhand Jal Sansthan, shall be initiated immediately as outlined in above paras."

9. While the principles for scale of compensation are evolving, main feature is restoration cost with deterrent element so that violation is not an incentive considering the financial capacity of the violator as laid down by the Hon'ble Supreme Court inter-alia in M. C. Mehta & Anr. v. Union of India (1987) 1 SCC 395, Sterlite Industries (India) Ltd. v. Union of India1 and Goel Ganga Developers India Pvt. Ltd. v UOI2. Compensation is for civil liability for the past violations and not be a substitute for preventive and remedial measures, including closing the illegal activity till compliance and initiating criminal proceedings.

10. It is well known that consumption of water in a hotel in India is on an average more than 500 liters per day and price of water is not less than 8 paise per day by any standard3. In a recent order of this Tribunal dated 1 (2013) 4 SCC 575 2 (2018) 18 SCC 257 3 http://delhijalboard.nic.in/sites/default/files/All-PDF/Consoludated_Norms_0.pdf 11 17.10.2022 in O.A. No. 438/2018, Arti v. CGWA & Ors., issue of compensation for illegal withdrawal of ground water was considered and compensation on conservative basis was assessed @ Rs. 10,000 per hotel room per year, at the rate of Rs. 80 per KL/cubic metre (8 paise per liter), taking consumption to be 350 liters per room per day. On that basis, interim compensation was fixed @ Rs. 10 lakhs per establishment upto 50 rooms, Rs. 25 lakhs per establishment for 50-100 rooms and Rs. 50 lakhs per establishment having more than 100 rooms. It is reasonable to take the figure of 350 liter per room (taking double occupancy per room) which is based on estimated assessment of water consumption of 180 liters per head in hotels as per "Indian Standard Code of Basic Requirements for Water Supply, Drainage and Sanitation", which is part of Estimation of water requirement for drinking and domestic use (Source: NBC 2016, BIS) published by Central Ground Water Authority Jam Nagar House, New Delhi4. Period of violation was taken as five years with liberty to the violators to give actual data if scale of compensation was disputed. Since above rate was applied for plain area of UP i.e. Ghaziabad, considering higher rate of hotel rooms in Mussoorie and scarcity of water in hills, it may be reasonable to take the rate at double. Thus, rate of compensation can be atleast @ Rs. 10 lakhs per establishment having 10 - 25 rooms, Rs. 25 lakhs per establishment having 25 - 50 rooms and Rs. 50 lakhs for per establishment having more than 50 rooms. For continuing violations, scale can go up. These can be broad parameters on which compensation can be assessed and recovered under regulatory regime, following summary process compliant with natural justice by sending notice by email or public notice to consider viewpoint of an affected party. If no objection is filed within one week of public notice by the PCB, the amount may be liable to 4 https://cgwa-noc.gov.in/landingpage/Guidlines/NBC2016WatRequirement.pdf 12 be deposited with the State PCB to be utilized for restoration measures as per District Environment Plan. Failure to pay can result in closure till payment.

11. We have already heard learned Counsel for the affected parties in IA No. 69/2023, filed by Mussoorie Traders & Welfare Association which claims to represent private traders, shop owners, vendors, and other small businesses. The application mentions that there are 322 registered Hotels, 245 homestays, 1100 shops and restaurants and about 400 street vendors who are reliant on natural water resources for meeting their daily demand for water as the Uttarakhand Pay Jal Sansthan is only able to meet the demand for 7.10 MLD to its 5600 water connections and faces a shortfall in supply of about 6.62 MLD, as per the report of the Joint Committee dated 28.11.2022. It is thus patent that unaccounted violations are continuing and commercial activities have been allowed beyond capacity of the area. Result is damage to the flora and fauna. This is bound to lead to water scarcity and deprive common man to access to potable water and pollution due to generation of waste beyond capacity to treat. We find no merit in the contentions of the Association that no action should be taken for illegal drawal of water.

12. Hotels/ resorts and other establishments are having water supply from the State Pay Jal Sansthan for some quantity but since such quantity is inadequate, additional/ excess requirement of water is taken through tankers in unauthorized manner. There is no clear account for extent of such illegal drawal. Hotels are consented under the Water Act and are required to have individual or cluster STP but commercial activity cannot be allowed without arrangement for treatment of waste as appears to be happening at the cost of public interest. Hotels/ resorts must be required to provide STPs (with modular designs or otherwise) and retrofitted 13 disinfection system without which their operations are illegal. Such unsatisfactory state of affairs needs to be remedied on war footing with involvement of higher authorities in the interest of good governance and environment protection.

Need to Control and regulate commercial and construction activities beyond Carrying capacity of the area

13. Sustainable development principle is required to be applied by this Tribunal under Section 20 read with Section 15 of the NGT Act. The same has been read as part of right to life under Article 21 by the Hon'ble Supreme Court in Vellore Citizens Welfare Forum v. UOI, (1996) 5 SCC 647. Under the said principle, extent of constructions and other activities in fragile hills cannot be beyond assessed carrying capacity in terms of air, water and land so that flora and fauna can be protected. Unregulated and uncontrolled constructions in fragile areas result in earthquake, destruction of habitats and ecology.

14. In the context of Mussoorie, the matter has been considered by the Tribunal vide order dated 31.01.2023 in OA No. 51/2023, In re: News item published in The Tribune dated 16.01.2023 titled "Joshimath disaster a warning for Mussoorie", in the presence of Counsel for the State of Uttarakhand and ADM (Administration), Dehradun in the light of report of seepage and land subsidence of road at Mussoorie showing potential for disaster. The Tribunal referred to carrying capacity study of some other similarly placed hill stations such as Shimla, Kasauli, Manali, McLeod Ganj in Himachal Pradesh and directions of the Tribunal to control the extent of constructions and other activities on sustainable development principle. The Tribunal observed that while tourism may be important, waste generated on account of such activities has to be scientifically handled and to the extent such infrastructure does not exists or deficient, the tourism will have to be controlled. The Tribunal accordingly directed 14 carrying capacity study of Mussoorie. Operative part of the said order is reproduced below:

9. In above background, study of carrying capacity of eco-sensitive areas in Himalayan regions in holistic manner appears to be imperative for protection of environment. Without undermining need for study in all eco sensitive areas as already directed, we direct specific study for Mussoorie in the light of apprehensions expressed in above media report. Such study may cover as to how much constructions can be allowed and with what safeguards, what safeguards be used for existing buildings and all other relevant and associated aspects including vehicular traffic, sanitation management, maintaining ecological integrity in terms of soil stability and flora/fauna. For this purpose, we constitute a nine member joint Committee to be headed by Chief Secretary, Uttarakhand. Other members will be Wadia Institute of Himalayan Geology Dehradun, Govind Ballabh Pant National Institute of Himalaya and Environment, National Institute of Hydrology (NIH), Roorkee, Prof. J.S Rawat, Kumaon University, Almora, Space Application Centre, Ahmadabad National Institute of Rock Mechanics, Bangalore, CPCB and ACS Environment, Uttarkhand who will act as nodal agency for coordination and compliance. ACS, Environment will provide for travel and logistics for members to the extent necessary. Meetings may be held online or offline as may be necessary except for visit to the site. The Committee may suggest remedial measures to prevent environmental damage in the light of carrying capacity, hydro-

geology studies, geo-morphological studies and also covering other allied and incidental issues. The Committee will be at liberty to take assistance from any other expert/institution. The Committee may meet within two weeks and complete its studies within two months. It may furnish its report by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF on or before April 30, 2023. The Committee will be free to interact with the stakeholders including the inhabitants/members of civil societies. The Committee may also consider the concerns in the media report. It will be open to the Chief Secretary, Uttarakhand to take preventive and remedial measures found necessary in the light of the media report otherwise."

15. In the light of above, the authorities in the State of Uttarakhand need to take remedial measures to control and regulate commercial and construction activities in the area, including illegal withdrawal of potable water and waste management by commercial establishments for protecting environment and public health, fixing liability for past violations and preventing continuing violations. Review may be undertaken at the level of Chief Secretary, Uttarakhand with all other concerned departments and remedial action planned and executed within two months from today. An 15 action taken report filed to this Tribunal before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.

List for further consideration on 26.07.2023. A copy of this order be forwarded to Chief Secretary, Uttarakhand by e-mail for compliance.

Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM April 21, 2023 Original Application No. 353/2022 (I.A. No. 69/2023 & I.A. No. 146/2023) A + DV 16

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