National Green Tribunal
Durga Prasad Yadav vs State Of Uttar Pradesh & Ors on 9 July, 2025
Item No. 10 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Misc Application in Disposed of Cases No. 137/2024
In
Original Application No. 584/2022
Durga Prasad Yadav & Ors. Applicants
Versus
State of Uttar Pradesh & Ors. Respondents
Date of hearing: 09.07.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Durga Prasad Yadav-Applicant through mobile call.
Respondents: Mr. Bhanwar Pal Singh Jadon, Mr. Harshvardhan Singh Rajawat, Ms,
Gargi Chaturvedi and Ms. Anjali Sharma, Advocates for respondents no.
1, 2 & 4.
Mr. Arunmani Tiwari, ADM for District Magistrate, Ayodhya through V.C.
Mr. Rajneesh Gautam Executive Engineer, Irrigation Department
(through V.C).
Mr. Pradeep Misra and Mr. Daleep Dhyani, Advocates for respondent no.
3.
Mr. Abhinav Anand Aron and Mr. Abhinav Anand, Advocates for
respondent no. 5.
ORDER
1. In compliance of order dated 09.04.2025, further progress report dated 08.07.2025 has been filed by the District Magistrate, Ayodhya.
2. We have gone through the progress report. In the progress report, it has been mentioned that the work of airport drain has been completed and proposed discharge of 26.25 cusec from the said drain can flow uninterruptedly towards Saryu River.
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3. In the report it has been mentioned that the work of Telaiya drain has been completed up to 80% and the remaining work is being executed.
4. With reference to compliance report of M/s Amrit Bottlers Pvt. Ltd. (Cocacola)., it has been mentioned that treated effluent is currently discharged into a natural drain flowing into Telaiya drain and a dedicated drain is to be constructed connecting to the new Telaiya drain which will be completed by January 2026 and from February 2026 onwards treated effluent will be discharged through the dedicated drain.
5. In the report, it has also been mentioned that Municipal Corporation, Ayodhya has completed cleaning operations covering approximately 9 Kms.
6. In the course of hearing, the applicant- Mr. Durga Prasad Yadav joined the proceedings through mobile phone call and thereafter through mobile phone video call and he submitted that the drain water was/is still logging in the fields of the farmers regarding which complaint made by him has not yet been resolved and he has shown water logged fields which according to him are filled with drain water.
7. Mr. Arunmani Tiwari, ADM, Ayodhya has appeared for District Magistrate, Ayodhya and Mr. Rajneesh Gautam, Executive Engineer, Irrigation Department has appeared on behalf of Irrigation Department. We interacted with them and have noticed that they are not conversant with all relevant facts of the case. Mr. Rajneesh Gautam, Executive Engineer, Irrigation Department was asked as to whether he had visited the land in question and whether there was any waterlogging on the same on which he replied that he did not visit the same and the same did not fall within the duties of his present posting.
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8. The concerned Executive Engineer of the Irrigation Department is directed to visit the spot and verify the factual position and submit his report along with video clips of the land in question claimed by the applicant to be filled with water from the drain suggesting the remedial measures.
9. This Tribunal had directed for taking of requisite remedial measures for demarcation and rehabilitation/ rejuvenation of River Trilodki Ganga on the basis of the documents available and to notify the same for its protection/conservation. In its order, the Tribunal had noticed that in some of the official documents, copies of which had been placed before this Tribunal by the applicant, reference was made to River Trilodki Ganga. In his report, dated 08.07.2025, the District Magistrate, Ayodhya has not made any reference to any action taken for demarcation and restoration/rejuvenation of River Trilodki Ganga but on the other hand, he has referred to remedial measures taken with respect to Telaiya drain.
10. We find that in many parts of this country water channels, which were named and treated by the local residents to be rivers, have been subsequently converted and notified as stormwater drains and even untreated sewage has been allowed to flow through the same. If any illustrative reference is required, then reference may be made to water channel originating from Rajasthan and joining River Yamuna in Delhi, which was earlier known as River Saibi but is now known as drain by its number in Gurugram, Haryana and as Najafgarh Drain in Delhi. We are of the considered view and also reiterate and emphasize that such water channels, if notified as 'rivers', will get better treatment and respect from the residents of the area for conservation/rejuvenation thereof in view of cultural heritage of worshiping the rivers as 'mother' whereas such water channels, if labeled as drains, will be liable to be neglected and contaminated with all kind of wastewater and garbage. The matter as to 3 whether there was any river of the name Trilodki Ganga flowing at the places claimed by the applicant needs to be looked into from this perspective apart from any historical and religious significance and the District Magistrate, Ayodhya is directed to ask the applicant to submit all requisite material available with him regarding River Trilodki Ganga and also religious places/practices associated with the same and verify the factual position with reference to the record available with the Administration and take requisite action and submit a detailed action taken report to this Tribunal and also to make reference to the Chief Secretary, Government of Uttar Pradesh for appropriate change of nomenclature as may be required for due compliance with the order passed by this Tribunal.
11. Further action taken reports as directed above may be filed within three months.
12. We are also of the considered view that for verifying due execution of the order passed by this Tribunal local inspection of the sites in question will be necessary and we may also inspect the same for ascertaining the ground realities before the next date of hearing by intimating the parties and concerned authorities.
13. List on 13.10.2025 for further consideration.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM July 09, 2025 M.A in Disposed of Cases No. 137/2024 In Original Application No. 584/2022 AB 4