National Green Tribunal
Samyak Jain vs State Of Madhya Pradash on 14 September, 2022
Item No.08 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH
(By Video Conferencing)
Original Application No. 585/2022
Samayak Jain & Ors. ...Applicants
Versus
State of Madhya Pradash ...Respondent
Date of hearing: 14.09.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Application is registered based on a Letter Petition received by Email.
ORDER
1. The applicant has sent the present letter petition by email, which is treated and registered as original application, complaining about serious damage to environment of River Narmada in Dindori (Madhya Pradesh). The applicant has submitted that river Narmada which is the fifth largest river in India is biggest source of water in the Madhya Pradesh and Gujarat. Right to clean water is guaranteed under Article 21 of the Constitution of India and the State is under a duty to prevent and control the water pollution. Funds worth crores of rupees have been sanctioned and released but the authorities have failed to prevent discharge of untreated sewage/drain water in Narmada river. The applicant has requested for issuance of appropriate directions 1 to 14:-
"1. Legal proceedings against State of Madhya Pradesh and the local authorities, who release sewage into Narmada for causing severe pollution and failing to stop the release of untreated sewage into the river.
2. To direct the authority to stop pollution of the river to avoid health hazards in Dindori and Discharge of untreated effluent of domestic O. A. No. 585/2022 Samyak Jain & Ors. Vs State of Madhya Pradesh -2- sewage and solid waste in the river should be restrained permanently.
3. Use of polly carry bags and plastic materials within 100 meters in the vicinity of the river should be banned.
4. Forest Department should make sure that there is no cutting of trees on the river banks.
5. The Municipal Corporations of town constituted along with river Narmada should carry out an exercise with regard to encroachments and unauthorized constructions and no such new permissions for constructions along the riverbank should be granted.
6. The Respondents be directed, in view of the ground water levels to submit a comprehensive scheme for water management in the Narmada Valley both of surface water in the streams as well as underground water.
7. No illegal mining of sand and other mineral be permitted from the river bed.
8. No fishing by illegal means be permitted including by use of chemicals, electrocution etc.
9. Proper arrangement for cremation along the river bank of the river Narmada at safe distances must be ensured.
10. The MPPCB be directed to monitor and submit action taken reports as well as analysis reports of the water quality in the river Narmada.
11. Proper steps be taken by the Narmada Valley Development Authority (NVDA), the EPCO and SEIAA for protection of the river Narmada which is a sacred river to all for its conservation and keep it environmentally clean.
12. The Urban Administration & Development Department should take stringent action and steps for controlling and preventing solid waste going into the river Narmada.
13. The bio-diversity of the local flora and fauna in the river valley of the river Narmada be preserved.
14. The Department of religious trust and endowments stop people from conducting any religious activity within 500 meters of the river."
2. This Tribunal is empowered to suo moto take cognizance of the cases involving questions relating to environment arising out of the implementation of enactments specified in First Schedule of the National Green Tribunal Act, 2010 as held by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC
897.This Tribunal can also take cognizance of such cases on the basis of letter petitions in accordance with settled principles of law governing Public Interest Litigation.
O. A. No. 585/2022 Samyak Jain & Ors. Vs State of Madhya Pradesh -3-
3. Prima facie, the allegations made in the application raise questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010. In view of the allegations made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position. Accordingly, we constitute a Joint Committee comprising of representative of MoEF & CC, Principal Secretary, Department of Urban Development, State of Madhya Pradesh, Vice Chairman, Narmada Valley Development Authority, Bhopal, Government of Madhya Pradesh, CPCB, State PCB, Executive Officer, Municipal Council, Dindori, and Collector Dindori 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 representatives of the concerned project proponents including Executive Officer, Municipal Council, Dindori, verify the factual position and submit its report within one month by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. The State PCB will be the nodal agency for coordination and compliance.
4. In case the Joint Committee observes any violation of consent conditions/environmental norms, then it shall forward a copy of its report to:-
(i) the concerned Project Proponents including Executive Officer, Municipal Council, Dindori to enable them to comply with the recommendations in the report of the Joint Committee or file objections against the observations/recommendations contained in the same and file their response before this Tribunal if so desired within one month from the date of receipt of a copy of the report of the Joint Committee; and
(ii) the concerned Statutory Authorities including Principal Secretary, Department of Urban Development, State of PCB and Collector Dindori O. A. No. 585/2022 Samyak Jain & Ors. Vs State of Madhya Pradesh -4- to enable them to take appropriate remedial action by giving notice to/hearing the project proponent and following due process of law in accordance with Statutory provisions mandating them to take remedial action for prevention, control and abatement of environmental pollution/degradation and for protection and improvement of environment and they shall submit their action taken reports separately within one month from the date of receipt of a copy of the report of the Joint Committee.
The reports be submitted within one month by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
5. List for further consideration on 22.12.2022.
6. A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the MoEF & CC, Principal Secretary, Department of Urban Development, State of Madhya Pradesh, Vice Chairman, Narmada Valley Development Authority, Bhopal, Government of Madhya Pradesh, CPCB, Executive Officer, Municipal Council, Dindori, State PCB and Collector Dindori by e-mail for compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM September 14, 2022 AG