National Green Tribunal
Kaushambi Apartment Residents Welfare ... vs Chairman U.P. Pollution Control Board on 25 October, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
(By Video Conferencing)
Execution Application No. 20/2019
IN
O. A. No. 308/2015
(With reports dated 21.10.2021 and 23.10.2021)
Kaushambi Apartments Residents Welfare
Association (KARWA) Applicant
Versus
Divisional Commissioner Meerut Division & Ors. Respondent(s)
Date of hearing: 25.10.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. V.K Mittal, Applicant in Person
Respondent: Ms. Garima Prasad, AAG & Mr. Amit Tiwari, Advocates for the
State of UP alongwith Mr Surendra Singh, Commissioner, Meerut,
Mr. R.K Singh, DM, Ghaziabad, Mr. Pawan Kumar, SSP,
Ghaziabad
Mr. Vishwajit Singh, Advocate with Mr. Mahendra Singh Tawar,
Municipal Commissioner, Ghaziabad
Mr. Pradeep Misra and Mr. Daleep Dhyani Advocates with Mr.
Utsav Sharma, RO, UPPCB
Mr. Raj Kumar Advocate for CPCB
ORDER
1. This execution application seeks enforcement of order of this Tribunal dated 20.08.2018 and subsequent orders for remedial action against violation of environmental norms on account of unregulated traffic, illegal parking, encroachments, and unscientific solid waste management at Anand Vihar and Kaushambi Apartment, Ghaziabad as mentioned in the detailed report of the CPCB filed on 22.03.2017 in 1 pursuance of order of this Tribunal dated 17.03.2016 in O.A. No. 308/2015. Further direction is for preparing an environment management plan by a committee comprising Divisional Commissioner, Ghaziabad and representatives from CPCB and Municipal Corporation.
2. The matter was last considered on 27.07.2020 in the light of earlier orders dated 20.08.2018, 09.05.2019 and 05.12.2019 and the reports furnished by the Divisional Commissioner, Meerut dated 05.12.2019 and 25.07.2020. The Tribunal directed that the initiative claimed to have been taken be continued and status of compliance as on 31.12.2020 be furnished.
3. The matter was last considered on 23.08.2021. Noticing the apathy of the authorities in dealing with the matter, the Tribunal directed Divisional Commissioner, Meerut to hold a meeting with the concerned Officers and also directed the Divisional Commissioner, Meerut, District Magistrate, Ghaziabad, Commissioner, Nagar Nigam Ghaziabad, SSP Ghaziabad and Regional Officer of UP State PCB to remain present in person by video conferencing. The operative part of the order is reproduced below:-
"3. We note with regret that even though the matter has been taken after more than a year (after repeated adjournments awaiting status report), no report has been filed by the Divisional Commissioner, Meerut or any other authority nor any of the learned Counsel for any of the authorities has instructions about the progress in the matter. No explanation has been furnished for such apathy to the directions of this Tribunal in sensitive matter and inspite of directions addressed to senior officers. We record our disappointment about the attitude of officers of Municipal Corporation as well as for failure of Divisional Commissioner, Meerut, who was expected to monitor the progress. We hope the officers will realise their serious failure in performing public duties and take remedial measures, lest this Tribunal is compelled to take coercive measures for enforcement of law.2
4. We are informed that in the meantime overlapping issue has been raised before the Hon'ble Supreme Court in Writ Petition(s)(Civil) No(s). 1072/2020, V.K. Mittal & Anr. v. Union of India & Ors., which came up for hearing on 24.03.2021. The Hon'ble Supreme Court noted the proceedings in this matter, including the orders dated 05.12.2019 and 27.07.2020. It was observed that the situation had not substantially changed and the problem continues. It was made clear that orders of the Hon'ble Supreme Court are in addition to directions of this Tribunal. The Hon'ble Supreme Court constituted a Committee to prepare traffic management plan and incidental aspects. We are further informed that in pursuance of the above order, a meeting was held on 06.04.2021 to prepare traffic management plan. However, the traffic management plan is only one of the issues raised before the Tribunal and status of action on remaining issues remains unknown. According to the applicant, there is no progress and not even any meeting has been convened on the subject and citizens are suffering on account of such apathy.
5. In view of above, we direct the Divisional Commissioner, Meerut to forthwith hold a meeting with the concerned officers, particularly Commissioner, Nagar Nigam Ghaziabad, District Magistrate, Ghaziabad, SSP Ghaziabad and Regional Officer of UP State PCB to take cognizance of the pending issues and to plan remedial action. Inter alia, data of Air quality and noise levels be taken into account for further action. Status of encroachment removal, cleaning of drains, collection and transportation of garbage, removal of pressure horns and other measures may be compiled, if not so far done. Delays in preparing plan may be made up by mid course correction. We hope the Commissioner will take the erring officers to task for their failure in responding to this Tribunal in the last more than one year and even today.
6. The Divisional Commissioner, Meerut, District Magistrate, Ghaziabad, Commissioner, Nagar Nigam Ghaziabad, SSP Ghaziabad and Regional Officer of UP State PCB may remain present in person by video conferencing on the next date to apprise this Tribunal of the progress."
4. Accordingly, Ghaziabad Nagar Nigam and Commissioner, Meerut have filed their reports dated 21.10.2021 and 23.10.2021 respectively. It will suffice to refer to the report of the Divisional Commissioner which refers to the meeting held on 10.09.2021 mentioning the action taken as follows:-
Sr. Recommendations Concern with Action taken No. department
1. Long term and short-term measures to be taken to control/minimize 3 the pollution generated during the different activities in and around of the affected area. The committee felt that there is some improvement made by the concerned authority for betterment of the Environment. It is recommended to modernize both Kaushambi bus depot and Anand Vihar, ISBT along with the proper design of intersection & roads In this regard, the meeting convened by for smooth free flow the District Magistrate Ghaziabad with of traffic in this District Magistrate the petitioner Shri Vinay Kumar Mittal area in time bound Ghaziabad and the concerned departments on manner. dated 10.09.2021, it has been directed that at least 06 feet high Ashok trees Short term should be planted on the vacant land in measures:- Kaushambi area by the Municipal a. Noise level Corporation, Ghaziabad.
barrier should
be created at all
high traffic
zones besides In the compliance report submitted by
total ban on Traffic the Superintendent of Police, Traffic,
honking of Police/ARTO dated 30.09.2021, it was informed that
horns near to the details of the action taken against
residential the vehicles operating illegally under
areas. Kaushambi area in September - 2021
b. It is required to are as follows:
stop Private
Buses, Auto & No. Wro Nois By Seiz
Vikram park ng e/Ai cran e
(tempos), which ing side r e Vehi
are illegally Pollu cle
operate from tion
outside the 110 576 90 215 57
gates of the Bus 6
station on the
road on both In the compliance report submitted by
side of the Bus the Assistant Regional Transport Officer
station. vide letter dated 30.09.2021, it was
informed that the details of action taken against the vehicles, buses/auto tamps operating illegally from 01 April 2021 to 30 September - 2021 are as follows:
Number of vehicles challaned in case of side/lane keeping -229 Number of vehicles challaned for illegal parking - 25 Number of vehicles challaned for air pollution- 97 Number of vehicles challaned for sound pollution - 267 4 Nagar Nigam/Traffic Challan for illegal operation - 548 Police Total Rs. 50.41 Lakh compensation free is received from total 1166 defaulters.
In the compliance report submitted by the Superintendent of Police, Traffic, dated 30.09.2021, it was informed that the details of the action taken against the vehicles operating illegally under Kaushambi area in September - 2021 are as follows:
No. Wro Nois By Seiz
c. Un-authorized park ng e/Ai cran e
parking should ing side r e Vehi
be prohibited. Pollu cle
tion
110 576 90 215 57
6
It has been informed by the Ghaziabad Development Authority that land in not available for construction of multi-level parking under Kaushami Yojna, The authority's multi-level parking is being operated near Vaishali metro station near Kaushambi Yojna, which is being used by the general public. Correspondence is being done with DMRC to make proper parking arrangements near the metro station in Kaushambi Yojna.
Nagar Nigam Ghaziabad No parking contract has been left in Kaushambi area by Ghaziabad Municipal Corporation in compliance with the order of Hon'ble National Green Tribunal.
Ghaziabad Municipal Corporation sent letters from time to time to the Superintendent of Police, traffic, requesting to take action regarding illegal parking in Kaushambi area.
Parking lots operated by Ghaziabad Municipal Corporation for the financial year 2021-22 are as follows:
1. Outside Opulent Mall
2. RK Tower at Vaishali.
3. Tulsi Niketan Bhaupura
4. Located at Ramte Ram Road Commercial Complex.
5. Opposite Gaur Mall on Service Road from Chinchi Restaurant to RBI Bank.
6. Outside RTO Office
7. Opposite Gaur Mall Gate.
d. Municipal Nagar Nigam At present, door to door collection of Solid waste garbage is being done in 100 wards 5 disposal garbage located under the limits of the Municipal segregation should Corporation Ghaziabad. For be proper and segregation and disposal of garbage, direction should be 02 Garbage factories (located at Sand issued to Nagar Market and Sihani Garage) are Nigam Ghaziabad operating. At present, for quality garbage collection, work is to be done in Kaushambi, Vaishali Vasundhara area by 100 door-to-door vehicles (through fare system), for which tender has been invited. In order to enhance the quality of door-to-door collection system, societies/ commercial establishments which come under the category of bulk waste generations should comply with the Solid Waste Management Rules- 2016 by creating awareness is being done. The general public is being made aware for the segregation of wet and dry waste. Through NGT's. tenders are being invited to collect cow dung from the dairy itself for the e. All storm Nagar Nigam management of dung of dairies water drains & operating within the area. sewage should be properly handled. The work of construction of sewer line and road in Kaushambi areas has been f. Kaushambi completed. Proper flow of effluent is Bus stand road being ensured in the drains. should be made Kaushambi's big and small drains metal or RCC cleaning work is being done daily as surface to avoid per requirement. Construction of drain lose soil and dust is proposed to be done at some places. pollution. The area should be It has been informed by the Regional continuously Manager, UPSRTC vide its letter dated monitored & 30.09.2021 that the entire premises of maintained Kaushambi Bus Station is paved and there is complete arrangement for cleanliness.
It has been informed by the UP Pollution GDA, GMC, Control Board that the Environment Transport Management Plan of Kaushambi area Department, has been prepared and presented UPPCB before the Hon'ble National Green Long Term Tribunal, which has been directed to be Measures:- implemented effectively by the
1. As long-term concerned Departments. measure, there is a need to conduct Environmental Management Plan for the entire area by an Institution of repute like School of Planning and Architecture, New Delhi or NEERI, Nagpur. The study would be in a position to describe land-use planning in the area. Once the report is ready, 6 the recommendations may be implemented by responsible agencies like GDA, GMC, Transport Department, UPPCB etc. 2 Shifting of the exit UPSRTC It has been informed by the UPSRTC gate of buses from that for smooth operation of traffic from Kaushambi bus Delhi to Ghaziabad, the process of depot from the widening of Gate No. 3 located on the existing location to side of Delhi is in progress and the left side of Tender for gate widening has been passenger entry awarded from the Transport gate i.e., near to Corporation Headquarters. The work Pacific mal. This will start an soon as the approval is will reduce the received from the Transport Corporation traffic congestion at Headquarters. the roundabout.
3 Compliance of the Nagar As per compliance report submitted by immediate Nigam/UPSRTC/ Regional Manager, UPSRTC, measure, short term Traffic Police Kaushambi, Ghaziabad vide letter measure and long-
dated 23.07.2020, No diesel buses term measure suggested should having age of more than 10 years are be complied with by being operated from Anand vihar and all concerned Kaushambi bus station and these agencies in time buses are operating with pollution bound manner. control certificate and fitness certificate.
At present only BS-6 diesel oil is being used in all buses of UPSRTC.
All the long term and short term measures are being complied with, at present 100 buses out of 500 buses from Kaushambi bus station have been converted into CNG buses, in addition to bringing more increase in CNG buses. Efforts are being made and contracted buses are being signed with CNG 4 Roads adjacent to Nagar Nigam Work has been completed by Nagar wave cinema where Ghaziabad Nigam sewerage system laid needs to be paved 5 Two bin system for UPSRTC/Nagar It has been informed by UPSRTC that solid waste Nigam Ghaziabad Assistant Regional Manager is directed management needs to implement 02 bin system for urban to be practiced.
solid waste management by
coordinating with Zonal Officer,
Vasundhara Zone.
Nagar Nigam has coordinated with UPSRTC for implementation of 02 bins system inside kaushambi bus stop. Installation of 02 bins system inside bus stop is under process.
6 Police authorities Nagar Nigam It has been informed by the
may be directed Ghaziabad/Traffi Superintendent of Police that the buses
that static buses, c Police/UPSRTC which used to be parked on the road
autos and
near Kaushambi bus depots are now 7 hawkers/unauthori parked inside Sahibabad depots and zed shops on the the autos which used to park on the roads near road are parked at the parking lot.
Kaushambi bus Despite this, action is being taken by depot should not be allowed." the traffic police against the auto drivers who park their autos on the road. It has been informed by the UPSRTC that the place for tempo stand has been selected by the traffic police and the city bus is standing ahead of the intersection. Apart from this, a plan to operate electric buses in Ghaziabad City is proposed.
Municipal Corporation, Ghaziabad For the construction of charging stations and sheds for the operation of air- conditioned midi electric buses in the cities of the state, Project Management Unit - 28 Construction and Design Services - Uttar Pradesh Jal Nigam Ghaziabad has been designated as the executing agency by Special Secretary, Government of Uttar Pradesh, Urban Development Section 9 dated 03 December 2019 vide number letter 1812/9-9-2019- 178H/2019.
Please refer to the firm's letter no. 2061/Work80/34 dated 23.12.2020, in which a demand was made for payment of Rs 508.56 for civil work and Rs 421.06 for electrical work in the said project. The payment of which has been made by the Municipal Corporation on time. Also, third party inspection of the work of construction of charging station for 50 nos. of electric buses, in compliance with the director local body mentioned in the letter of project manager, a demand of Rs.15,07,400/- has been made for additional electrical work and consultancy charge of Rs. 2,21,250.00 for third party inspection/ audit work from IIT Kanpur, the payment for which has also been made by the Municipal Corporation. At present there is no balance to be made by the Municipal Corporation. In relation to the said project, A letter has been sent by Nagar Nigam vide letter dated 22.09.2021 to the project management Unit 28, Construction and Design Services, Uttar Pradesh Jal Nigam, Ghaziabad, to complete all the civil and electrical work in a timely 8 manner before the scheduled date 26.09.2021. After receiving the letter, the project management Unit 28, Construction and Design Services, Uttar Pradesh Jal Nigam, Ghaziabad, was informed orally about the updated status of the said work that the work is nearing completion soon.
5. We have considered the status projected in the above report and find the action taken to be highly inadequate. The matter is not of adversarial nature and is taken up in the spirit of basic needs of the citizens which are lacking. We have interacted with the officers present who are senior enough in the hierarchy of the administration and are competent enough to remedy the situation. What is required is realistic approach and concern to tackle the problem, instead of shifting the blame to other authorities. The traffic management, waste management and action against encroachers needs to be realistic and not mere show of compliance. Stringent steps are required for executing the Environment Management Plan, including protection of the storm water drains and preventing unauthorized parking. This may require a special task force comprising of responsible officers of proven ability and high-
level monitoring atleast once in a week, if not more frequent initially.
Monitoring may include, among other indicators, improvement in air quality and reduction in noise.
6. On interaction, we find the attitude of the learned Commissioner to be very positive to the above suggestions. We hope with his intervention, situation will improve. To enable further effective measures to be taken, the proceedings are deferred for about a month.
List again on 30.11.2021.
9The officers present today may remain present again on the next date by way of video conferencing.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Brijesh Sethi, JM Dr. Nagin Nanda, EM October 25, 2021 Execution Application No. 20/2019 In O. A. No. 308/2015 A 10