National Green Tribunal
Sushil Raghav vs Moef on 16 December, 2024
Item No. 07 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Execution Application No. 33/2021
In
Original Application No. 68/2021
Sushil Raghav Applicant
Versus
MoEF&CC & Ors. Respondent(s)
Date of hearing: 16.12.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Ms. Shreepurna Dasgupta, Adv. for Applicant in E.A 33/2021
Respondents: Mr. Bhanwar Pal Singh Jadon, Mr. Harsh Vardhan Singh Rajawat & Ms.
Gargi Chaturvedi, Advs. for the State of UP & UPPCB
Mr. Malak Bhatt, Ms. Neeha Nagpal & Mr. Shreyansh Chopra, Advs. for
Ghaziabad Nagar Nigam
ORDER
1. By way of this Execution Application, the applicant is seeking compliance of the order dated 19.03.2021 passed in OA No. 68/2021. The applicant had filed the OA raising the grievance of discharge of untreated sewage/effluent in the stormwater drain in Karkarmodel situated in Municipal Corporation, Ward No. 43 at Sahibabad in Ghaziabad. The Tribunal in the order dated 19.03.2021, had taken note of the earlier order dated 27.01.2021 passed in OA No. 06/2012, Manoj Mishra v. Union of India & Ors., relating to the remedial action to prevent the pollution of river Yamuna, drains and tributaries connected thereto in Delhi, Haryana and Uttar Pradesh. The Tribunal taking note of the order 1 passed in the case Manoj Mishra, supra had disposed of the OA No. 68/2021 by observing that no separate order was necessary in the matter and that the issue was already dealt with.
2. The said order of the Tribunal was not complied therefore the present Execution Application was filed. This Execution Application was disposed of by the Tribunal vide order dated 01.11.2021 by observing that the prayer made by the Applicant was beyond the order of the Tribunal dated 19.03.2021 and even otherwise if there was a breach of the order, the Tribunal, the Applicant had a remedy to file an application under Section 25 of the National Green Tribunal Act, 2010 (NGT Act, 2010). Hence no case was made out to entertain the application under Section 25 of the NGT Act, 2010.
3. The above order of the Tribunal dated 01.11.2021 was the subject matter of challenge before the Hon'ble Supreme Court in Civil Appeal No. 1629/2022. The Hon'ble Supreme Court by order dated 20.02.2023, had disposed of the Appeal by observing as under:-
"5. The grievance of the appellant is that the power to impose a penalty under Section 26 will not redress the substratum or the grievance which is the discharge of untreated sewage and effluent and the absence of a sewerage system.
6. We are of the considered view that the observation of the Tribunal that there was no case for executing the earlier order under Section 25 is misconceived. The Tribunal is entrusted with the wholesome power to ensure that its orders are complied with. The absence of sewerage facilities is an important aspect which would merit the exercise of powers by the Tribunal under Section 25. The invocation of the power to levy a penalty under Section 26 will not necessarily sub-serve the purpose.
7. Accordingly, we allow the appeal and set aside the impugned order of the Tribunal dated 1 November 2021. Execution Application No 33 of 2021 is restored to the file of the National Green Tribunal.
8. The Tribunal shall take up the application under Section 25 and consider what orders would be necessary to effectuate the original order dated 19 March 2021 of which execution was sought.2
9. The appeal is accordingly disposed of."
4. After the order of the Hon'ble Supreme Court, the matter has been taken up by the Tribunal to ensure compliance of the order which was passed in OA No. 68/2021.
5. During the pendency of the Execution Application, the reports/replies/compliance affidavit etc by the Ghaziabad Nagar Nigam, UP PCB, State of UP and District Magistrate, Ghaziabad were filed. The latest affidavit dated 01.10.2024 filed by the Chief Secretary, State of UP discloses the steps that are being taken for compliance of the order of the Tribunal. The disclosure made in the affidavit of the Chief Secretary is as under:-
"6. It is submitted here that the existing situation of the site in question i.e., Karkar Model located at Municipal Corporation, Ward No. 43, Sahibabad, Ghaziabad, that a Sewage Pumping Station (hereinafter referred to as SPS) was constructed in the year 2002 at OHT Campus in Karkar Model and the Sewers were laid down in the year 2009.
7. It is kindly submitted here that as per the procedure laid down by law necessary actions for improving the sewage issue in the Karkar Model located at Municipal Corporation, Ward No. 43, Sahibabad, Ghaziabad have been taken. Firstly the Pumping Plant installed as a temporary arrangement by the Jalkal Department of Nagar Nigam, Ghaziabad has been removed from the site by which sewage was earlier being pumped into the open drain merging into the Sahibabad Drain. It is germane to mention here that a new Pumping Plant has been installed by which sewage is being pumped through the close Rising Main into the common chamber of 1800mm diameter Trunk Sewer Line. This further discharges the sewage into the 48 MLD MPS which is further pumped into the 56 MLD STP, Indirapuram for treatment. It is submitted along with the above statement that the primary concern of dumping the sewage into the open drain has been put to a permanent stop.
8. It is humbly submitted that the deponent has reviewed the matter and, considering the seriousness of the matter, directed Urban development department to constitute a committee to inspect the concerned place and submit a report disclosing the status of the Karkar Model.
True copy of Letter of constitution of committee is Attached Annexure- R2 -
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9. It is humbly submitted that the deponent convened a meeting on 06.09.2024 with all the concerned officers. It is humbly submitted that the deponent instructed the officers to take the remedial steps in true letter and spirit.
The true copy Minutes of meeting is annexed herewith as ANNEXURE R-3
10. It pertinent to mention here that that upon the instruction of the deponent, the duly constituted committee undertook a site inspection on the 2nd day of September 2024, and has submitted a detailed report apprising the deponent of the prevailing circumstances. The following officers were the part of the committee-
i) Shri Amit Kumar Singh, Joint Managing Director, Uttar Pradesh Jal Nigam (Urban), Lucknow.
ii) Shri Arun Kumar Yadav, Additional Municipal Commissioner.
Municipal Corporation, Ghaziabad
iii) Shri R.K. Pankaj, Chief Engineer (Urban Area), Uttar Pradesh Jal Nigam (Urban), Ghaziabad
iv) Shri Narendra Kumar Chaudhary, Chief Engineer. Municipal Corporation, Ghaziabad.
v) Shri Manvendra Singh, Chief Engineer, Ghaziabad Development Authority, Ghaziabad.
vi) Shri Kamakhya Anand, General Manager, Water Supply, Municipal Corporation, Ghaziabad.
vii) Shri Pradeep Kumar Satyarthi, Regional Manager, UPCIDA.
viii) Shri Vikas Mishra, Regional Officer, UPPCB. The Above-mentioned committee recommended the following steps to the concerned officers regarding the subject matter- A. To meet-out the sewerage problem of Karkar Model Town, the actual number of houses should be assessed. For assessment and laying of sewer line, detailed survey of streets should be done and action for DPR preparation should be taken as per technical feasibility.
B. In the survey of DPR being prepared by UP Jal Nigam (Urban), it should be ensured that after completion of the sewer line work for all drains of Karkar Modal, the sewage generated should flow directly into the sewer line and not through the drains.
The true copy of the site visit report is Annexed herewith as- ANNEXURE-R4-
11. It is submitted here that above action was taken immediately to treat the pertaining problem at hand which was put forward in this Hon'ble Tribunal by the applicant. It is also submitted here that necessary and needed action plan has been drawn out to treat the remaining sewage which is discharged from the houses constructed in the area in question. That such actions taken have been given below:
i) A Pre-Feasibility Report (hereinafter referred to as PFR) has been prepared. The said PFR of the project was put before the State Level Technical Committee (SLTC), which in its meeting held on 27.08.2024 under the AMRUT 2.0 4 Programme has been approved. Minutes of meeting of SLTC is annexed herewith as-ANNEXURE R-5.
ii) A detailed survey for the condition assessment of the existing sewer line, to quantify the additional sewer line and the new sewer line that needs to be laid in the left-
out area of the Karkar Model, has been completed.
12. Upon completion of the condition assessment works proposed in the DPR has been prepared. The domestic sewage shall be treated in the same 56 MLD STP, Indirapuram which is located on the site in question and has been mentioned above.
13. It is respectfully submitted that the Municipal Commissioner, Ghaziabad conducted a comprehensive survey of Ward No. 43 of the Ghaziabad Municipal Corporation, with the objective of ascertaining the total number of households situated therein. The survey, having been duly completed, revealed that a total of 1955 households are presently situated within the aforementioned ward. No house is connected to sewer line as on date 30.09.2024. Now these are the proposed to be connected in the DPR.
Copy of A true Report of the Municipal Corporation Ghaziabad is attached as Annexure R6.
14. It is respectfully submitted that deponent directed the Jal Nigam (Urban) to prepare a Detailed Project Report (DPR) encompassing the required components such as: sewer line, household connections, pumping station and other. The DPR shall be submitted to the Urban Development Department within a period of fifteen days. Furthermore, it is submitted that upon receiving of the DPR from Jal Nigam (Urban), the Urban Development Department shall, by following the procedure, sanction the requisite funds under the AMRUT-2.0 scheme.
15. It is pertinent to mention here that the above-mentioned Detailed project report, estimated cost Rs. 981.98 lakh has been prepared by the Jal Nigam (Urban). It is humbly submitted that this project includes laying of sewer line in 8.0 KM length and connection of 1955 numbers of the household with sewer networks within Karkar Model. Provision for installation of new pumping plant has been provided in the DPR. Upon completion of the works proposed in the DPR, the domestic sewerage shall route through sewer line and shall be treated at 56 MLD STP and Indirapuram."
6. In the above affidavit, disclosure has been made up to the stage of preparation of the DPR with the estimated cost of Rs. 981.89 lakhs prepared by the Jal Nigam and further disclosing that the project includes the lying of sewer line in 8 Km. length and connecting 1955 number of households with the sewer network within Karkarmodel and making provision for installing a new pumping plant. 5
7. Learned Counsel for the State of UP on instructions from Mr. Arun Pratap Singh, Executive Engineer, Jal Nigam, Ghaziabad has informed that DPR has now been approved by the State High Powered Steering Committee headed by the Chief Secretary on 04.11.2024. He has further informed that the tender has been called by the SE, Jal Nigam, Urban, State of UP on 04.12.2024 and the tender is for the household connection and setting up the pumping station and other steps which are disclosed in the affidavit of the Chief Secretary. He has also stated that the technical bid will be open on 01.01.2025 and within one-week financial bid will be opened, and in the last week of January, the work of laying the sewer lines, installing the pump etc. will commence and within 9 months, i.e. by the last week September 2025 the work of laying the sewer lines and installing the pump and other work as disclosed in the affidavit of the Chief Secretary will be completed.
8. On perusal of the report of UP PCB dated 13.05.2024, we find that there are 3 STPs in Indirapuram. The first one is 75 MLD (Sequential batch reactor STP), the second is 56 MLD (Upflow Anaerobic sludge blanket STP), and the third is 56 MLD (Sequential batch reactor STP).
9. Counsel for the State has informed that so far as the first two STPs in Indirapuram are concerned they are operating and their full capacity and so far as third STP at Indirapuram is concerned, it is presently operating at the capacity of 20-25 MLD and the sewerage network which is being laid under the present contract will lead to additional 2 MLD discharge in this 56 MLD STP which has now adequate surplus. He has further submitted that after the installation of the sewerage network the existing stormwater drain will be free from sewage discharge and only storm water/rainwater will flow in that rain.
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10. The Counsel for the Applicant does not dispute that if the above work is completed within the stipulated period, then there will be substantial compliance of the order of the Tribunal.
11. The Counsel for the UP PCB has also informed that the show cause notice was issued by the RO, UP PCB, Ghaziabad, for the imposition of environmental compensation of Rs. 2.45 Crores to Nagar Niram Ghaziabad and no reply to the said show cause notice was received from the Nagar Nigam. Therefore, RO has referred the matter to the Member Secretary, UP PCB, for confirmation of the show cause notice and thereafter, the final order of imposition of environmental compensation will be passed. He has submitted that this exercise will be completed within four weeks.
12. In view of the above, we dispose of the present EA with a direction to the MD/Secretary, UP Jal Nigam, Urban, Lucknow, to file the compliance affidavit by 30.06.2025 before the Registrar General of the Tribunal through email disclosing the progress made in the compliance of the actions disclosed by the Chief Secretary in the OA and also the actions disclosed during the submissions made by the Counsel for the State of UP. If it is found necessary, the matter will be listed for consideration before the Bench.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM December 16, 2024 E.A. No. 33/2021 in O.A. No. 68/2021 A..
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