National Green Tribunal
Giriraj Parikrama Sanrakshan Sansthan vs Department Of Environment & Forests ∨S on 19 March, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 03 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 229/2013
(I.A. No. 11/2021: seeking permission to execute developmental works
proposed in Goverdhan Parikrama,
I.A. No. 59/2021: For joinder of necessary party &
I.A. No. 60/2021: seeking directions to respondents for non-compliance
of Tribunal's order dated 27.11.2019)
(With report dated 05.02.2021)
Giriraj Parikrama Sanrakshan Sansthan & Ors. Applicant(s)
Versus
Department of Environment & Forests & Ors. Respondent(s)
Date of hearing: 18.03.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Sarthak Chaturvedi, Advocate
Respondent: Mr. Amit Tiwari, Advocate for the State of UP
Mr. Raj Kumar, Advocate for CPCB
Mr. Pradeep Misra, Advocate for UPPCB
Mr. A.K. Prasad, Advocate
Mr. Vaibhav Maheshwari, Advocates in IA 59/2021 & IA 60/2021
ORDER
1.1
1. This application was filed before this Tribunal on 31.08.2013 for protection of environment in Govardhan and surrounding areas, particularly Giriraj Parvat (Hill) near Mathura-Vrindavan. According to the applicants, on account of spiritual and cultural significance of the area, 8-10 million pilgrims from different parts of the World visit the Parikrama (path for walking around a sacred place) of Goverdhan every month. They also visit temple of Giriraj Ji, Radha Kund and other holy places in the vicinity. However, on account of negligence of the 1 authorities, there were challenges to the environment like illegal felling of trees, encroachments, unscientific dumping of solid waste and discharge of untreated sewage. The area is 26 Km. West of Mathura, near the State Highway towards Deeg in Rajasthan. The Parikrama Marg (path) is about 21 Km. in the foothill where the Lord Krishna is believed to have saved people of Braj from the wrath of Lord Indra. There are various beliefs associated with different locations in the entire area. There is associated cultural and religious history. There are historical water bodies also, having religious and cultural significance. Large number of pilgrims visit on account of their religious sentiments. One of the concerns of the applicants is that forest cover in the town of Goverdhan should not be destroyed and reserved forest land may not be diverted for any other purpose. This concern has shown on account of proposal for non-forest use of 3.9 hectares reserved forest land in Govardhan, for widening of the road. The PWD, UP filed its response on 13.01.2014 justified the diversion of the forest land for expansion of the Parikrama Marg for facilities to the pilgrims. The Divisional Director, Social Forestry Mathura, also filed a response annexing approval granted by the Government of India on 08.10.2013 for widening of Parikrama Marg, subject to certain conditions. The MoEF&CC, Government of India, also filed its response on 27.01.2014 to the effect that in principle approval has been granted for diversion of the forest land, in accordance with law.
2. The Tribunal first appointed an Advocate as a Local Commissioner and later constituted a team inter-alia comprising representatives of CPCB, State PCB, PWD, UP to visit the area and study the environmental issues. The said team visited the area on 20.03.2015 and made the following recommendations:-
2"Recommendations
1. A service road of 10 meter wide around Parikrama Marg behind existing houses and Ashrams and a Ring Road outside the said service roads may be constructed and all vehicular traffic should be terminated on said service road and Parikrama Marg may be completely closed for any vehicular movement with exception to medical and fire series.
2. Entire Parikrama Marg may be declared as no - construc tion zone to avoid any f urther encroachment.
3. Interceptors should be constructed and Sewage generated in the area should be diverted to STP. Residents may be directed to take sewage connection. A punitive action may also be recommended against residents for violations/discharge of sewage on roads/water bodies.
4. The areas along the Parikrama Marg which have not been provided with sewerage system should be provided with sewer lines and suitable sewage treatment facility should also be provided.
5. Facilities for collection of MSW and its proper disposal should be made for disposal of MSW where collected MSW may be disposed off as per MSW (Management and Handling) Rules, 2000.
6. At some places, alongside the pucca road, natural path between the Kacchi Parikrama Marg and Giriraj ji have emerged on its own and are convenient to the pilgrims because shadow of trees saves the devotees from scorching sun on such natural paths. Therefore, at such places widening of Kacchi Parikrama Marg, which may result in cutting of trees. Is not necessary. In view of abandoning of further widening of Kacchi Parikrama Marg vide Office Order No. 485/12C-Agra Region/2015 dated 06-02-2015, the remaining forest areas diverted for non-forest use shall again be declared as Forest area.
7. The officials have informed the visiting team that widening of Kacchi Parikrama Marg at proposed places will not be done considering the inevitable damage to existing dense plantation in the area and thus no trees will be cut in future.
8. At few water bodies, simple waste water treatment system based on sand/gravel filtration had been provided by the non- government organization/ Ashram and that treated waste water is used of plantation. Such treatment system can be improved by providing design and construction by the professional Environmental Engineers/body and subsequently treated waste water can be used for the tree plantation in better way.
9. Condition of Roads should be improved.
10. Parking Facilities for the vehicles at suitable places atleast 200 mts away from Parikrama Marg are required to be provided.3
11. A drive may be carried out for identification of Forest land in accordance with demarcation map and all encroachments may be removed in a time bound manner.
12. A plantation drive may be carried out on forest land including Forest land situated at Madaur on Gata No. 1673 measuring 2.55 Hectare.
13. That 3.9 hectare of non-forest land may be notified as forest land in compliance of Letter No. 8B/UP/68/2013/FC/1180 dated 08.10.2013 in Goverdhan area and plantation drive may be carried out in a time bound manner.
14. Any future widening of Kacchi Parikrama Mar gamy be undertaken only on outer side of Parikrama Marg instead of inner side of Kacchi Parikrama Marg (The side of Giriraj Goverdhanji) Which not only leads to the diversion of forest land but also involves the cutting of trees.
15. Illegal construction activities/buildings erected next to Giriraj ji along the Parikrama Marg have blocked/obstructed the view to have darshan by the devotees. It is recommended that such illegal construction between Parikrama Marg and Giriraj ji be demolished, so that the pilgrims can have a clear and unobstructed darshan/view of the scared Giriraj Govardhan.
16. The private land next to Giriraj ji along the Parikrama Marg shall be declared as no construction zone.
17. An independent organisation on the lines of other shrine Board in the country may be constituted for the proper management of this religious place, providing all the required facilities and maintain and upkeep the sanctity of holy places/ kunds, cultural heritage, environment protection, sanitation, pollution control, eco-balance of the Green cover which includes Kund, Pokhar, Talab and Jhari and related aspects."
3. The above recommendations were considered vide order dated 04.08.2015 and were accepted. The District Magistrate, Mathura was required to take further steps and furnish status report to this Tribunal quarterly. The application was disposed of, except for considering the said quarterly reports.
4. Thereafter, on consideration of quarterly reports, further directions have been issued from time to time in the last five years dealing with the solid and liquid waste management including septage management, removing encroachments etc. It is not necessary to make reference to all 4 the orders. Vide order dated 31.01.2020, the Tribunal dealt with the allegation that Brij Foundation was alleged to have caused damage to conventional water sources and water bodies in and around Giriraj Goverdhan Parikrama Marg and directed that said allegations be investigated.
5. Report of compliance status was filed by the UPPCB in a printed form on 03.03.2020 with the reference to the each of the directions to which objections were filed on behalf of the applicant. The matter was last taken up on 4.3.2020 and then on 18.03.2020 when it was observed that the District Administration should complete the work of acquisition of land for service road and also take further steps for compliance of directions of the Tribunal in terms of order dated 04.08.2015.
6. In pursuance of the above, the Secretary, Urban Development, UP has filed an affidavit on 29.08.2020. It is stated that in compliance of order dated 04.03.2020, a meeting of all the concerned officers was held on 06.03.2020 to consider the progress of compliance of directions 3, 4 and 5 to deal with the problem of sewage and solid waste. The status was found to be as follows:-
" S. Direction of Hon'ble Compliance status / Remark No. Tribunal Action Take
1. Direction No. 3- Complied. All 1820 A discharge of Interceptors should be houses along with other about 1.8 MLD constructed and structures with in through existing sewage generated in catchment area of sewerage network the area should be existing sewage is being treated in diverted to STP. network, covering about existing STP of 2.76 Residents may be 40% part of Govardhan MLD capacity.
directed to take Nagar Palika, have been
sewage connection. A connected to existing
punitive action may sewerage network
also be recommended through house
against residents for connections through
violations/discharge of State fund amounting to
sewage on about Rs. 4.17 crore.
roads/water bodies.
5
2. Direction No. 4 - The Tenders for execution of As per report of UP
areas along the a sanctioned project of Jal Nigam
Parikrama Marg, which Rs. 3.3 Crore for septage (Annexure - 2) The
have not been provided management from septic execution of
with sewerage system tanks of house holds in sewerage network
should be provided un-sewered area have scheme in un
with sewer lines and already been called. sewered area pose
suitable sewage Work is proposed to be serious challenge of
treatment facility completed in next 6 laying sewer in
should also be months, subject to kind narrow lanes (1.2-1
provided. permission from Hon'ble m wide) and the
Tribunal. cost works out to be
A DPR for sewerage very high (Rs. 2.15
scheme for unsewered lakh/ house hold)
area has also been as compared to
prepared. septage
As an interim measure, management cost
Nagar Palika has issued (Rs. 0.055 Lakh per
public notice prohibiting house hold). UP Jal open dumping of septage Nigam has reported from septic tanks that in Goverdhan (Annexure -3) and Radhakund town the area in which 37 narrow lanes of width 1 to 1.5 m and length 40 m - about 300 m exist. Report of a team of UP Jal Nigam (Annexure-2) which examined the solution to issue raised by UPPCB regarding viability of collection of sewage from houses in narrow lanes was also discussed including option for using extended suction hose pipe and it was finally decided in the meeting that matter may be referred to NEERI for specialized expert opinion to decide upon techno-
economic viability
of providing
sewerage network
and options for
septage collection
from houses in
narrow lanes.
3. Direction No. 5 - It is submitted that Facilities for collection towns of Goverdhan and of MSW and its proper Radhakund are Nagar 6 disposal should be Panchayats headed by made for disposal of an Executive Officer. The MSW where collected entire work from door to MSW may be disposed door collection and off as per MSW disposal of municipal (Management and solid waste in Handling) Rules, 2000. accordance with rules has been entrusted to an organization namely Muskan Jyoti with which a written contract has also been executed by Nagar panchayats. It is submitted that door to door collection of municipal solid waste from both towns has commenced. A land bearing Khasra No. 212/13 and 211 admeasuring 1.566 hectare situated at revenue village Neem Goan, Tehsil Goverdhan, District Mathura has been identified and earmarked for management of waste.
The dumping ground is proposed on this parcel of land. The e-tender for construction of proposed plant has been invited.
The construction of
boundary wall and
approach road is in
progress. The
segregation of waste is
also been carried out. In
terms of the contract,
pursuant to segregation,
the bio-degradable
waste is being converted
into manure while the
segregated non-bio-
degradable waste shall
be sent for recycling. The
requisite fund to the tune
of 1.82 cr. (approx.) has
been released. The
picture of ongoing
construction work are
attached herewith as
Annexure-4. "
7. The matter was last considered on 31.08.2020 in the light of earlier proceedings and it was found that since earlier directions were more 7 than five years old, the stock taking of the compliance may now be done by the following joint Committee:
1. Principal Secretary, Tourism (Nodal authority)
2. Principal Secretary, Urban Development
3. Engineer-in-Chief, PWD
4. PCCF (HoFF), UP
5. Member Secretary, State PCB
6. District Magistrate, Mathura
7. CEO, Mathura Vrindavan Development Authority
8. The operative part of the order is as follows:-
"
8. First such meeting of the Committee may be held on or before 30.09.2020 for which initiative may be immediately taken by the Nodal authority. The District Magistrate, Bharatpur, Rajasthan may coordinate with the District Magistrate, Mathura once in a month to sort out the relevant issues. Meetings may be held physically or by video conferencing. The Committee may involve any other experts or institutions for eco restoration of the area, including genuine religious or charitable institutions and members of the community, to the extent considered useful and necessary by the Committee.
9. The Monitoring Committee constituted by this Tribunal, headed by Justice SVS Rathore, to monitor compliance of environmental norms in UP, may also monitor compliance of orders of this Tribunal and furnish a report 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, with a copy of report being furnished to the Chief Secretary, UP for compliance of observations of the Monitoring Committee and response, if any, to be filed before this Tribunal on behalf of the State/joint Committee."
9. Accordingly, a status report has been filed on behalf of the State of U.P on 05.02.2021. The Oversight Committee has also filed its report dated 05.02.2021 giving the compliance status in a tabular form as follows:-
" S. Directions of Hon'ble NGT Compliance Present Status/Action Taken/Reasons for No status Non-Compliance .
1 Status of unauthorized Not DFO Mathura mentioned that reforestation or illegal cutting of Complied work had been carried out both in the given trees and all trees land and Parikrama Marg. However detailed existing on or around report is awaited from DFO, Mathura the Parikrama Marg 8 2 Status of the non- Not Mr. R. N. Mishra, DFO- Mathura informed forest activities Complied that there have been only two non-forest carried on in the activities:
reserve forest area 1) Water supply work: No progress made
2) Shed and lighting activity in between Goverdhan and Kachhi Parikrama Marg. No progress made.
3 Status of the Forest Partially Mr. R. N. Mishra, DFO- Mathura informed Clearance Complied that out of three proposal, clearance of two proposal has been done. Only one proposal is left for forest clearance.
4 Status of reforestation Partially Mr. R. N. Mishra, DFO- Mathura informed regarding the trees Complied that plantation has been done in the given already damaged or land and around the Parikrama Marg. The uprooted, (the work has been done in 2.44 hectare as per Government shall take order of Hon‟ble NGT.
reforestation of 30
times of
trees damaged and/or
uprooted. The trees, as
an expression which is
clearly understood as
any existing tree
irrespective of its age)
5 Status of expanding Not Report awaited
the Parikrama Marg Complied
outward as opposed to
inward
6 Status of keeping Partially Executive Officer, Nagar Panchayat
dustbins at certain Complied Govardhan, Mathura vide letter no. 1048/N.
distance P.G./2020-21 dated 07.10.2020 informed
that hanging dustbins have been installed at a distance of 100 m in commercial areas in Nagar Panchayat Govardhan. (Refer Appendix- III) 7 Status of MSW Partially Executive Officer, Nagar Panchayat collected in the Complied Govardhan, Mathura vide letter no. 1048/N. Dustbins or otherwise, P.G./2020-21 dated 07.10.2020 informed its lifting every day that as per SWM Rule, 2016, contract has and its proper been signed with an NGO- Muskan Jyoti transportation in Samiti, Lucknow for door-to-door collection accordance with MSW and segregation since 2018 in Govardhan. Rules including the The said institution is doing dry/ wet waste process for collection work from 4200 houses of segregation, treatment Govardhan. Segregation is done by and recycling or any transporting the stored waste safely to the other process temporary dumping ground. Compost manure is prepared from wet waste and polythene from dry waste is sent to Waste Peterson and Company, Laxmi Nagar, Mathura and other materials are sold off. In addition, the land for construction of permanent dumping ground Gram Sabha- Neemgaon Khasra No. 212/13 Rakva is 1.1473 hectare and Khasra 9 No. 211 Rakva is 0.093 hectare. A total area of 1.556 hectares has been selected. The work could not be started due to lack of connectivity to the said dumping site. Approval has been obtained on 20.09.2019 by the committee of the DM for the construction of road to the dumping site. Funds received under the 14th Finance Commission were assigned to be utilized for this work.
According to the report of the Technical Committee, 94.80 % work of the connectivity road and 40 % construction work of the construction center has been completed. Work was closed due to rainfall in the past which will be completed soon. (Refer Appendix- III) 8 Status of entire Partially Mr. Amit Tiwari- Counsel for UP Govt Govardhan Parvat and Complied submitted that Reserve forest is forest land Parikrama Marg as a which is in the custody of Forest Dept. protected/ reserved However, in this case, Govardhan Parvat forest and Parikrama Marg are resumed lands and protected areas but are not under Forest Department. There was an issue between the two departments whether they fall in the purview of Forest Dept. or under EO, Govardhan Nagar Panchayat. So, in this regard, as per order of the Hon‟ble Court, it is treated as resumed land (total 69 hectares) including Parikrama Marg and Govardhan Parvat. Now, total 69 hectares is resumed land and is under the custody of Forest Department. So, the status is as follows:
The entire Govardhan Parvat is under the control of Forest Department.
Reserve Forest, is already in
custody of Forest Department.
The entire Parikrama Marg is
resumed land and now it is being
handed over to the Forest
Department.
9 Status of protection Not Mr. Amit Tiwari- Counsel, informed that
provided to the forest Complied MVDA is the executing authority and UP
area to prevent its Braj Tirth Vikas Parishad has filed an
misuse by the public application to seek permission to erect the
boundary wall to protect the reserve forest.
10 Status of the Partially It is submitted by Principal Secretary, construction of Ring Complied Department of PWD, Govt. of Uttar Pradesh road/ bye pass around that Department of PWD, Provincial Unit, Parikrama Marg Mathura had constructed a ring road/ bye 10 pass around Parikrama Marg to facilitate movement of intercity and inter-state vehicles bye-passing towns of Govardhan and Radhakund and villages such as Aanyor and Jatinpura. The ring road/ bye- pass is in parts, details given below:
Part- I: It is 11.950 kms long and 14 m wide four lane, Govardhan Bye-pass. The construction of this stretch was completed in October, 2018 and has been opened for vehicular movement. This road facilitates movement of vehicles bye-passing the town of Govardhan and villages Aanyor and Jatinpura.
Part- II: known as Radhakund bye-pass, it is 10.4 kms long and 07 m wide with 2.5 m earthen shoulder road. This road will facilitate movement of vehicles bye-passing the town of Radhakund and village Radhakund Dehat. The earth and foundation work has already been completed in entire stretch of 10.4 kms. A stretch of 7.5 kms is complete with black top. The work on remaining stretch is in progress. Hon‟ble NGT had directed the Department to complete the stretch by 30.10.2019.
In compliance thereof, the proposal along with estimate for construction of 2.9 kms missing link of bye-pass was sent to Headquarters of Public Works Dept, UP for approval. The same had been approved by Govt. of Uttar Pradesh. The first installment had been released. It is submitted that for construction of 2.9 kms stretch, 7.89365 hectares of land is proposed to be purchased from farmers. As per the rules, the rate and value of land is to be determined for which proposal for approval was sent to Divisional Commissioner, Agra Division, Agra. The Divisional Commissioner, Agra had accorded approval on 14.10.2019. The process of purchase of land has been initiated. 5.781 hectares of land out of total 7.89365 hectares has been purchased by the PWD.
Mr. A.K. Jain, Assistant Engineer, PWD informed that the proposal along with estimate for construction of 2.9 kms missing link of bye-pass is now completed and also motorable.
11 Status of the Partially It is submitted by Principal Secretary, construction of Complied Department of PWD, Govt. of Uttar Pradesh Service road around that Hon‟ble NGT vide order dated Parikrama Marg 04.08.2015 had directed construction of 10 m wide service road behind existing houses and ashrams. It is submitted that after examining the issue, the Department of 11 PWD in status report dated 05.01.2017 had expressed non-feasibility of the construction of the service road behind existing houses and ashrams on the account of thick density in the area. It is further submitted that a bye-pass is already being constructed which will facilitate movement of vehicles without entering Govardhan town.
Hon‟ble NGT vide order dated 08.01.2018 directed Department of PWD to place on record a map showing in distinct color the Parikrama Marg, proposed service road and the bye-pass as an alternate to service road before the submissions advanced could be considered. Hon‟ble NGT vide order dated 29.05.2018 directed SDM, Govardhan, official of PWD and Forest Department to revisit the sites for service road. It is also made clear that the proposed service road is meant for general public and residents of the area and therefore, needs to cover shortest route but different from Parikrama Marg. The officials of PWD along with concerned SDM and Forest officials revisited the entire area. The survey revealed that total length of service road covering the shortest distance will be 24 kms out of which 4 kms already exists. Upon estimation of cost of constructing this 20 kms stretch, it was observed that a total expenditure of Rs. 592 crores will be incurred out of which a sum of Rs. 93 crores will be incurred in construction while Rs. 499 crores will be appropriated for land acquisition. The Ld. Court Commissioner on his earlier visit rendered valuable advice that besides 4 kms existing part; another 3.65 kms road failing on both corners can be left out as these lie very close to ring road. If stretch of 3.65 kms part is reduced, the total length will be reduced to 16.350 kms. The cost estimated for construction of 16.350 kms is 473.10 crore out of which the construction cost is 66.81 crore while land acquisition and utility shifting would be 406.29 crores. The cost estimated for the construction of service road, SDM, Govardhan again surveyed the area along with his team of lekhpals and observed that chuck roads around 9 kms long having 5 to 6 m width is also available which can be utilized for construction of service road. The utilization of these chunk roads would certainly reduce the cost. It is further submitted that all these facts were placed in the meeting headed by the Ld. Chief Secretary. The meeting was attended by the officials of concerned departments. Upon consideration of facts and estimated cost, the Ld. Chief Secretary directed that for construction of service road as directed by 12 the Hon‟ble NGT, a pre-feasibility study along with TOR be expeditiously obtained from RITES Limited, an apex institution under the aegis of Ministry of Railway, Govt. of India. In furtherance thereof, the Additional Chief Secretary, Govt. of Uttar Pradesh vide letter dated 17.08.2018 requested AGM (HW & P), RITES Ltd. to conduct a pre-feasibility study for development of service road. The inception report based on preliminary survey had been submitted. A contract for preparation of PFR was executed between the RITES Ltd. and State of Uttar Pradesh. The detailed survey was conducted by officials of RITES Ltd. The PFR was submitted on 16.07.2019. the Additional Chief Secretary sent the same to the office of Principal Secretary, PWD for review of PFR and comments thereof. The PFR was considered by Engineer-in -Chief in a meeting held on 18.07.2019 which was also attended by officials of RITES Ltd. Certain observations regarding design in consonance with latest Indian Road Congress Code so as to reduce the cost, redrawing of alignment of proposed service road and to avoid cutting of 266 trees etc. have been made.
The PFR was revised by RITES Ltd. and was submitted on 30.08.2019. The Engineer-in- Chief, PWD had constituted a committee on 27.09.2019 for technical evaluation of the report submitted by RITES, Ltd. DM, Mathura and Chief Engineer, PWD, Agra are pursuing the matter sincerely for an early decision on the issue. The Committee considered the report 14.10.2019. Upon technical evaluation, the committee has accorded its in-principle approval. The estimated cost of this service road is Rs. 177 crore which includes cost for purchase of land, construction of road, tree felling/ transplantation and utility shifting. Further action will be taken subject to availability of funds. DM, Mathura vide letter dated 21.09.2019 requested the Principal Secretary, PWD for taking decision on construction of service road expeditiously.
It is submitted that keeping in view the estimated cost and the nature of work, the project of service was placed before the Cabinet of Ministers for consideration. The same was accorded approval on 20.01.2020. The Department of PWD has passed appropriate orders in this regard on 27.01.2020. It is submitted that the timeline for completion of service road is as follows:
1) Purchase of Land: It is submitted that once the project is approved and finances 13 are provided for, the process for purchase of land will be initiated. As per alignment mentioned in DPR, the land will be measured on site with revenue department, the details qua landowners and their shares will be collected from revenue office. NOC as per law will also be obtained from landowners. Thereafter, the rate for purchase of land will be determined in consultation of landowners by the Committee headed by DM. The rate determined will be approved by the Divisional Commissioner, Agra Division and thereafter by the Govt. of Uttar Pradesh at Lucknow. It is submitted that entire process of purchase of land will be completed between 01.04.2020 to 30.09.2020. (Report Awaited from PWD)
2) Permission for cutting of Tress: As submitted earlier, as the area fall within Taj Trapezium Zone (TTZ), the permission for cutting trees will have to be obtained from the Hon‟ble Supreme Court and MOEF&CC, Govt. of India. It is submitted that entire process of obtaining permission is likely to be started dated 01.04.2020. (Report Awaited from DFO, Mathura/ PWD)
3) Tender: It is submitted that process of tender and registration of sale deeds in favour of PWD department by landowners is likely to be completed between 01.06.2020 to 30.09.2020.
4) Completion of Project: It is submitted that the construction work including earth work, GSB, WMM, Bituminous work, bridges and allied works are likely to be completed by 31.10.2021 subject to order passed by the Hon‟ble Supreme Court of India regarding tree felling.
12 Status of No Vehicular Partially Parikrama Marg is declared as no Zone around Complied vehicular zone. No vehicles are being Parikrama Marg permitted except that of local residents, vehicles for emergency services such as ambulance and fire truck. The District Police has identified 26 entry points to Parikrama Marg. All these points are provided with barricades and chains. One link road is provided for ingress and egress of vehicles of local residents of village Aanyor and Jatinpura. The passes have been issued to local residents. A separate register has been maintained in this regard at PS Govardhan. The Police personnel have also been deployed to enforce no vehicular zone order. Besides aforesaid vehicles, in 14 compliance of order dated 27.09.2019, vehicles enumerated in the order are also been permitted.
13 Entire Parikrama Marg Partially In compliance of order dated 04.08.2015, a may be declared as No Complied Gazette Notification bearing no. 1098/8-3-
Construction Zone to 18-100 vividh-2017 dated 20.07.2018 has
avoid any further been issued.
encroachment.
14 Interceptors should be Partially The sewer line laid under Mansi Ganga constructed and Complied Project caters to 1820 households. sewage generated in Presently, all 1820 households are the area should be connected with existing sewer network. The diverted to STP. sewage discharged from these households is Residents may be being treated in existing functional STP. directed to take Executive Officer, Nagar Panchayat sewage connection. A Govardhan, Mathura vide letter no. 1048/N. punitive action may P.G./2020-21 dated 07.10.2020 informed also be recommended that in Nagar Panchayat Govardhan, action against residents for is taken to issue summon by issuing notice violations/ discharge by the Nagar Panchayat against those who of sewage on roads/ release sewage water into roads and water water bodies. bodies. (Refer Appendix- III) As per information given by RO, Mathura, an inspection of 2.76 MLD STP (Oxidation Pond) and SPS installed at Govardhan is proposed on 21.01.2021. The report of the same shall be sent within 07 days (Refer Appendix- XI).
15 Status regarding areas Partially As per the affidavit filed on 22.10.2019, along the Parikrama Complied Hon‟ble NGT had directed to lay sewer lines Marg, which have not for remaining area of Govardhan and been provided with Radhakund towns. In order to provide sewerage system and sewage network in these areas, a Detailed suitable sewage Project Report was prepared. The cost treatment facility estimated was Rs. 93.38 crore. Thereafter, it was resolved that sewage of these two towns will be treated by septic management system. The submission in this regard had been made before Hon‟ble NGT. Hon‟ble NGT rejected the proposal of septic management and directed the State of Uttar Pradesh to reconsider the issue. In compliance thereof, the DPR has been sent to the Govt. of Uttar Pradesh for reconsideration. DM, Mathura has vide letter dated 23.09.2019 requested the Principal Secretary, Department of Urban Development for taking decision on sewage system for Govardhan and Radhakund expeditiously.
Mr. S. D. Singh, Urban Development Dept. informed that the FSTP‟s approval has been done and directions passed to Jal Nigam for ensuring compliance.
Moreover, there had been incidents of water logging on Parikrama Marg and villages abutting it. In order to resolve the issue, open storm drains are planned to be 15 constructed so as to discharge the water. In this regard, tenders were floated, the work had started on 11.10.2019 and completed on 10.04.2020. The tenders for village Jatinpura (out of 4570 m of the work of drain, only 2000 m (i.e., 44%) has been done) and Radhakund Dehat have been accepted and the process of execution of contract is in progress. The tender for village Aanyor has been sent for technical evaluation to Head Quarter, Uttar Pradesh Jal Nigam, Lucknow. At present, in village Aanyor, out of 8500 m of the work of drain, only 4450 m drain has been completed (i.e., 53%).
Mr. Amit Tiwari- Counsel informed that at present, out of 2220 m drain to be constructed to prevent water logging, only 800 m (i.e., 34%) had been constructed. On 21.10.2020, Jal Nigam had applied for the permission to Forest Department on the prescribed objections but permission is still awaited.
16 Facilities for Partially MSW in Govardhan and Radhakund collection of MSW and Complied As per affidavit filed on 22.10.2019, it is its proper disposal reported that both these towns are headed should be made for by an Executive Officer. The entire work disposal of MSW where from door-to-door collection and disposal of collected MSW may be MSW in accordance with rules has been disposed of as per entrusted to an organization namely MSW (Management and Muskan Jyoti with which a written contract Handling) Rules, 2000. has also been executed by Nagar Panchayats. It is submitted that door to door collection of MSW from both towns has connected. A land bearing Khasra No. 212/13 and 211 admeasuring 1.566 hectare situated at revenue village Neem Gaon, Tehsil- Govardhan, District- Mathura has been identified and earmarked for management of waste. The dumping ground is proposed on the parcel of land. The e- tender for construction of proposed plant has been invited. The approval has also been granted for construction of boundary wall and approach road. The process of floating a tender has commenced. The segregation of waste is also being carried out. As per terms of the contract, pursuant to segregation, the bio-degradable waste is being converted into manure while the segregated non-bio-degradable waste shall be sent for recycling. The requisite fund to the tune of 1.82 crore (approx.) has been released.
MSW in Three Villages So far as the issue of MSW generated from three villages is concerned, it is submitted that an action plan is prepared for each village separately. The detailed project report 16 contemplates procurements and distribution of dustbins for each household, collection, transportation, segregation and disposal of solid waste as per the rules. The SLRM (Solid & Liquid Resource Management) centre for villages Aanyor and Jatinpura have been established. The SLRM centre for villages Radhakund Dehat is under construction. The dustbins to people belonging to BPL category have been distributed in the three villages. MSW is being collected from these three towns and sent to SLRM centre for disposal.
In this regard, Mr. Amit Tiwari-Counsel informed that in village Aanyor, the construction of SLRM centre has been done. In village Jatinpura and Radhakund Dehat, the work has been completed.
17 At some places, Partially As per affidavit filed on 22.10.2019, it is alongside pucca road, Complied reported that permission for non-forest use natural path between of forest land was granted by MOEF&CC, the Kacchi Parikrama Govt. of India on 08.10.2013 (basically for Marg and Giriraj Ji undertaking widening of Kacchi Parikrama have emerged on its Marg). Subsequently, the work was own and are abandoned vide order no. 485/12C-Agra convenient to the Region/ 2015 dated 06.02.2015. The said pilgrims because work was partially complete on 2.2318 shadow of tree saves hectare of land only. the devotees from It is also submitted in the affidavit dated scorching sun on such 22.10.2019 that perusal of permission, natural paths. order dated 08.10.2013 itself establishes Therefore, at such that mere permission to use forest land for places non-forest work does not change the legal widening of Kacchi status of the land. Although permission was Parikrama Marg, which granted for carrying out non-forest work, the may result in cutting said 3.9 hectares land is still a reserve forest of trees is not land. However, in order to ensure necessary. In view of compliance in letters and spirit abandoning of further remaining 1.6682 hectares land has been widening of Kacchi excluded from purview of order dated Parikrama Marg vide 08.10.2013 by way of a modification order no. 485/12C- order dated 02.02.2018 passed by Agra Region/ 2015 MOEF&CC, Govt. of India. The entire land dated 06.02.2015, the is in possession of forest department remaining forest areas only.
diverted for non-forest Mr. Amit Tiwari informed that earlier as per use shall again be letter 3.9 hectares land (still a reserve forest) declared as forest area. was allowed to be used for non-forest purposes. 2.55 hectares was the land which was used by the Govt. but subsequent to stay order passed by the Hon‟ble Court and thereafter, abandoning of the project. Regarding the remaining 1.6 hectares land, there was a doubt, whether it will remain as reserve forest or non-reserve forest. So, it is in that respect. MOEF clarified by its letter in 2018 that the remaining 1.6 hectares land is reserve forest and will remain so.
18 The officials have Partially As submitted above, the work of widening of 17 informed the visiting Complied Kacchi Parikrama Marg was abandoned vide team that widening of order dated 06.02.2015. No felling of trees Kacchi Parikrama has been done after that and will not be Marg at proposed done in future except as per rules.
places will not be done
considering the
inevitable damage to
existing dense
plantation in the area
and thus no trees will
be cut in future.
19 At few water bodies, Partially The direction pertains to permanent
simple based water Complied resolution of issues of rancid milk arising
treatment based on out of offering of milk in three temples viz.,
sand/ gravel filtration Shri Giriraj Maharaj Daanghati, Goverdhan,
had been provided by Mathura; Shri Giriraj Ji Mukharbindu,
the NGOs/ Ashrams Aanyor, Jatinpura, Mathura & Shri Giriraj
and that treated waste Ji Maharaj Mansi Gange, Goverdhan,
water is used for Mathura. The ETP for each temple where
plantation. Such milk is offered has been installed and is
treatment system can functional. It is submitted that Ld. Court
be improved by Commissioner had also expressed his
providing design and satisfaction on functioning of these ETPs.
construction by the The discharge of these ETPs has been
professional analyzed and some are within prescribed
environmental standards (Refer Appendix- IV).
engineers/ bodies and As per the information given by RO,
subsequently treated Mathura an inspection of ETP (established/
waste water can be operated for purification of milk mixed
used for the tree effluent) at Shri Giriraj Maharaj Daanghati,
plantation in better Goverdhan, Mathura; Shri Giriraj Ji
way. Mukharbindu, Aanyor, Jatinpura, Mathura
& Shri Giriraj Ji Maharaj Mansi Gange, Goverdhan, Mathura, the premier temple of Goverdhan, will be done every month (Refer Appendix- XI).
20 (1) The officials of the Partially In compliance with order dated 23.10.2019, State PCB shall Complied Govardhan Mansi Ganga was inspected by immediately take Joint team of UPPCB on 31.10.2019. samples from Mansi Executive Officer, Nagar Palika Parishad, Ganga 3 kunds and get Govardhan and Shri Hariom Sharma were it tested as to whether present during the inspection. During the water is potable, inspection, no type of sewage or Ganga fit for beathing and water was found mixed in Mansi Ganga. meet the prescribed During the inspection, water sample of standards under law. Mansi Ganga was The report shall be collected and submitted by letter no.- submitted within 10 883/N-63/19 dated 31.10.2019 (Refer days from today, Appendix- V) of this office to the laboratory with an advance copy of Executive Engineer, 12th Khand, UP Jal to the Learned Nigam, Krishna Nagar, Mathura for analysis Counsel for the as per drinking water parameters. The applicants. analysis report was received on 04.11.2019 (2) In the meanwhile, (Refer Appendix- IV & VI). According to the State PCB shall analysis report, the water of Mansi Ganga is ensure prevention of not potable. According to the analysis water pollution in report, the quality of water of Mansi Mansi Ganga Kund. Ganga is found under category- D. 18 The Board shall Likewise, Letter no.- 885/N-63/19 dated exercise its power 31.10.2019 of UPPCB, Mathura to Deputy under the Provisions District Magistrate, Govardhan; Letter no.- of Water (Prevention 888/N-63/19 dated 31.10.2019 of UPPCB, and Control of Mathura (Refer Appendix- VII) were sent to Pollution) Act, 1974 by Executive Officer, Nagar Panchayat, taking action against Radhakund and letter to Executive Officer, those who are Municipality, Govardhan by Letter no.- discharging sewerage 887/N-63/19 dated 31.10.2019 (Refer or otherwise polluting Appendix- VIII) in compliance with OA No. water of the Kund. The 229/2013. In the order, letter was sent to Board shall not allow Executive Officer, Nagar Panchayat, any sewage to be Govardhan, Mathura in compliance with discharged or letter no.- 696/N.P.GO./2019-20 dated domestic waste 01.11.2019 (Refer Appendix- IX). dumped in Mansi Regarding the above, it is to be made aware Ganga Kund. that in compliance with the order of Hon‟ble NGT, the action plan of nine kunds including Mansi Ganga has been prepared by NEERI, the implementation of which has been ensured by letter no.
252/BR.T.V.P./19-20 dated 17.08.2019 of the Braj Tirth Vikas Parishad (BTVP) (Refer Appendix- X).
In this regard, Mr. Nagendra Pratap, CEO- UP Braj Tirth Vikas Parishad, Mathura, informed that the amount of Rs. 23.50 has been provided to the institution against the desired total amount of Rs. 47 lakhs. The final report submitted by the institution was discussed in the meeting concluded by BTVP through Video- Conferencing held on 07.12.2020. Letter was sent on 16.01.2021 to present the DPR of the final report. In the order of the letter, it was informed that the final report will be submitted by April, 2021. (Refer Appendix- X).
21 Condition of roads Partially The repairing of various roads near and should be improved. Complied around Govardhan Parikrama road was undertaken. The conditions have improved significantly. Even the Ld. Court Commissioner in his first report had stated that the condition of Parikrama Marg has improved and repair work had been undertaken. However, he had in his first report also pointed out that some potholes and broken roads were spotted.
The repair work was undertaken by PWD and all potholes have been repaired. The roads today are in good condition and motorable.
22 Parking facilities for Partially At present, there are six parking sites in the vehicles at Complied operation. These parking sites are situated suitable places at least on the service road or main road. The 200 m away from cumulative capacity of these parking sites is Parikrama Marg are 1400 vehicles. The parking sites are as required to be follows:
provided. 1. Radhakund Road, Govardhan (Near Community Health Centre) 19
2. Radhakund Road, Govardhan (Near DAV School)
3. Near Mandi Smiti, Govardhan
4. Near Siyaram Baba Ashram, Govardhan
5. Near Chandra Sarovar Lake, Govardhan
6. Near Primary School Chatikra, Govardhan In compliance to directions of the Hon‟ble NGT, the MVDA had awarded contracts for operation of these parking. All these six parking are functional.
Besides aforesaid parking sites, UP Braj Tirth Vikas Parishad is developing a multi- level car parking for 250 light vehicles at existing Govardhan bus stand. It is being developed under Pilgrimage Rejuvenation and Spirituality Augmentation Drive (PRASAD) scheme of Ministry of Tourism, Govt. of India. The work order after the tenders has been issued. As per the work order, construction was to be completed by 20.06.2020 but could not meet the target due to COVID-19. Now, it is anticipated that the work shall be complete within month.
23 A drive may be carried Partially There are two categories of land involved.
out for identification Complied Firstly, a reserved forest admeasuring of Forest land in 141.35 hectare and secondly, a parcel of accordance with land admeasuring 69.903 hectare demarcation map and mutated by Revenue authorities in favour all encroachments of Forest Department (Resumed land). may be removed in a In order to ensure compliance, a drive was time bound manner. carried out for identification of encroachments on reserved forest and resumed land belonging to Forest Department, are as follows:
1) Reserved Forest: During the
identification drive, 211 cases of
encroachments were identified in
reserved forest area affecting a total area of 10.6326 hectare. Eviction proceedings were initiated against encroachments. 202 encroachments have been removed with reclamation of 10.3349 hectare. 09 cases are pending adjudication before judicial authorities. 07 out of these 09 cases are pending consideration before the Hon'ble High Court of Allahabad wherein stay orders have been passed. The counter affidavits in all these cases have been filed. The remaining two cases are pending adjudication before the Ld. Civil Court, Mathura wherein stay orders have been passed. The replies along with early hearing applications have been files in all cases.
2) Resumed Land (57.445 hectare): 75 encroachments over this land affecting a total area of 1.4193 hectare were 20 identified. In order to ensure compliance, cases were registered under Public Premises (Eviction of Unauthorized Occupants) Act, 1972 before SDM, Govardhan. Pursuant to passing of eviction orders, 72 encroachments were removed followed by restoration of 0.7973 hectare of land. Hon‟ble NGT vide order dated 14.06.2018 directed that at or around Parikrama Marg, any temple which is in existence prior to 25.10.1980 (year when the Forest Conservation Act was enacted) shall not be removed. It was further directed that existing Samadhi or Chappar being used by Sadhus/ saints for the purpose of sadhna/prayer may not be removed. Since 03 remaining structures were either temples or were used by saints/sadhus, it necessitated a survey to be conducted by a joint team comprising of officials of Revenue and Forest Department. The survey revealed that 3 out of 4 encroachments are temples/ structure constructed prior to year 1980.
Therefore, these three cases were withdrawn. 3) Remaining Resumed Land (12.197
hectare): Hon'ble NGT vide order dated 03.10.2018 directed the Department of Forest to immediately taking over the possession of remaining area 12.197 hectare of resumed land. The demarcation was done. The area was taken into possession by the Department of Forest. 33 encroachments were identified. 28 encroachments affecting an area of 0.8591 have been removed. 03 encroachments were in the form of Samadhi which are exempted in view of order passed by the Hon‟ble NGT. The stay order in remaining two cases is passed by the Hon‟ble Supreme Court and Hon‟ble High Court of Allahabad.
These cases are being pursued diligently. The counter affidavits and early hearing applications have been filed. In this regard, Mr. Amit Tiwari, Counsel, informed that both the structures were partially demolished, Then, we immediately moved to the Hon‟ble Supreme Court to get stay order in year 2019. The first case is of Ramakant Goswami Vs. Hargokul Mandir (0.144 hectare) and the other one is Chandrabhan Rambabu Charitable Trust (0.211 hectare), there were a writ petition 11673/2018 (High Court, Allahabad) and got a stay order on 30.03.2018. A counter affidavit already filed in the second case on 05.09.2018 and expedite application were also filed on 25.09.2019. There is need to be pursue in both the cases by the Forest Department.
2124 A plantation drive may Partially Regular plantation drive was carried out on be carried out on Complied forest land. forest land including Madaur: The plantation work has been Forest land situated at carried out in the year 2013 and 2017. Madaur on Gata No. 1705 saplings of different species such as 1673 measuring 2.55 Shisham, Jamun, Neem, Kanju, Arru etc. Hectare. were planted on the 1.55 hectare of land in the year 2013. The survival rate is 67%. 1142 saplings planted survived. Similarly, in the year 2017, 400 saplings were planted of different species such as Shisham, Kanji, Kanju, Kathsagon, Pakar etc. were planted on 1.00 hectare of land. The survival rate is 90.50%. 362 saplings survived.
It is submitted that the Ld. Court Commissioner in his report has expressed satisfaction over the quantity and quality of plantation done by the Department of Forest.
Counsel, Mr. Amit Tiwari informed that from 2013 to 2017 onwards, plantation has been done near the forest land of Goverdhan Parikrama Marg.
25 The 3.9 hectare of Partially As per affidavit filed on 22.10.2019, it is non-forest land may be Complied reported that in compliance of letter no. Notified as forest land 8B/UP/68/2013/FC/1180 dated in compliance of 08.10.2013, DM, Mathura had allotted Letter 8.9625 hectare of non-forest land in village No.8B/UP/68/2013/F Madaur, Tehsil- Mahavan, District- Mathura C/1180 dated vide letter no. 550/7-B/2015-16 dated 08.10.2013 in 02.11.2015, which included the 3.9 hectares Govardhan area and land proposed for widening of Kacchi plantation drive may Parikrama Marg in Govardhan. Gazette be carried out in a Notification bearing no. 320/14-2-2019- time bound manner. 4(1) 2017 dated 04.06.2019 has been issued under Section- 20 of Indian Forest Act, 1927 declaring thereby, the land as reserved forest. It is submitted that plantation work was undertaken in this 3.9 hectare of land in year 2017. 1563 saplings have been planted besides sowing of seeds of Prosopis juliflora, Babool etc. The survival rate has been 91%. 1422 saplings survived. Mr. Amit Tiwari, Counsel informed that in year 2013, when the permission was granted by MOEF to use the reserve forest land for non-forest purposes, the letter itself recorded that merely permission is being given for non-forest activities but the character of the land will not change, it will remain as reserve forest.
26 Any future widening of Partially As per order issued by Divisional Forest Kacchi Parikrama Complied Officer dated 03.03.2017, in case widening Marg may be is proposed in future, the same shall be undertaken only on carried out on the other side of Kacchi outer side of Parikrama Marg and not towards Giriraj ji.
Parikrama Marg
instead of inner side of
Kacchi Parikrama
22
Marg (side of Giriraj
Govardhan ji) which
not only leads to the
diversion of forest land
but also involves the
cutting of trees.
27 Status of illegal Partially In order to ensure compliance of the
construction Complied directions of Hon‟ble NGT, an identification
activities/ buildings drive was carried out to identify
erected next to Giriraj encroachments on Parikrama Marg, Reserve
ji along the Parikrama Forest, resumed land belonging to Forest
Marg have Department and other Govt. land abutting
blocked/obstructed Parikrama Marg and illegal construction
the view to have raised thereon and upon private lands.
darshan by the As on date, there is no encroachment on
devotees Parikrama Marg. So far as encroachment
and illegal construction on forest land and resumed land is concerned, actions in accordance with law as detailed out in response to direction no. 11 have been taken.
So far as illegal construction raised post 2010 without sanction of MVDA, actions are being taken under provisions of UP Urban Planning and Development Act, 1973. The action is taken against structures raised in contravention of Mathura- Vrindavan Master Plan- 2021 adopted in 2010 or against structures raised without approval of authorities. 249 unauthorized constructions were identified. Demolition orders in 209 cases have been passed. 5 notices were withdrawn. 35 cases are pending for consideration before the competent authority. Out of 209 cases where demolition order was passed, 118 constructions were demolished. 91 are remaining. Out of these 91 remaining, 10 cases are such where appeals have been preferred before different forums which are pending for consideration. In 02 cases, stay orders have been passed by the Hon'ble High Court at Allahabad.
The progress of those 81 cases will be given by MVDA within 15 days.
28 The private land next Partially In compliance of order dated 04.08.2015, a to Giriraj Ji along the Complied Gazette Notification bearing no. 1098/8-3- Parikrama Marg shall 18-100 vividh-2017 dated 20.07.2018 has be declared as no been issued. Private land next to Giriraj Ji construction zone along the Parikrama Marg is now declared as no construction zone.
29 An independent Partially It is submitted that a bill titled "Uttar organization on the Complied Pradesh Religious Places Planning and lines of other shrine Development Bill, 2019" was prepared by board in the country Department of Religious Affairs. may be constituted for The aforesaid Bill was placed before the the proper Cabinet for its consideration. The Cabinet management of this deliberated upon the issue and decided that 23 religious place, planning, management and development of providing all the religious places is a sensitive issue. required facilities and Therefore, it will be appropriate to take any maintain and upkeep decision on this subject only after hearing the sanctity of holy all concerned and considering all facets of places/ kunds, cultural social environment. It is submitted that the heritage, environment State of Uttar Pradesh has approached the protection, sanitation, Hon‟ble Supreme Court of India by way of a pollution control, eco- civil appeal bearing no. 5995/2019 titled as balance of the green "Divisional Commissioner & Ors. Vs. cover which includes Giriraj Parikrama Sanrakshan Sansthan & kund, pokhar, talab Ors." qua direction for constitution of shrine and Jhari and related board. The Hon'ble Supreme Court vide aspects. order dated 02.08.2019 has granted stay on the direction for bringing an enactment for shrine board.
30 Status of Report dated Partially Mr. Arvind Kumar, RO- Mathura informed 20.08.2019 furnished Complied that the water in two kunds (i.e., Shyam by the SPCB confirms Kund and Radha Kund) was found to be that the water in the unfit for consumption on account of two kunds was found contamination due to discharge of sewage to be unfit for and domestic waste. Mathura Vrindavan consumption on Development Authority (MVDA) has cleaned account of the said kunds and prevented discharge. contamination due to Now, both the kunds are in good condition discharge of sewage and MVDA is planning the same for other 9 and domestic waste. kunds. It is waiting for approval of NEERI‟s Mathura Vrindavan DPR. (Refer Appendix- XI) Development In this regard, it is also informed that as per Authority (MVDA) is to the order of the Hon‟ble NGT, the work of clean the said kunds cleaning 9 kunds located in Goverdhan and prevent discharge Parikrama Marg has been ensured by NEERI, through which the report will be sent after partial revision by Mathura Vrindavan Development Authority (MVDA), Mathura. In connection with the Radha Kund and Shyam Kund, a sample collection is proposed on 21.01.2021, which will be sent within 7 days (Refer Appendix- XI).
31 Status of the control Not RO, UPPCB, Mathura informed that no of water pollution in Complied compensation has been imposed till date.
exercise of its The Committee directed to do the
authority under the inspection/survey and impose EC
provisions of the
Water (Prevention and
Control of Pollution)
Act, 1974 include
recovery of
compensation on
'Polluter Pays'
principle
32 Status regarding the Not RO, UPPCB, Mathura informed that STP is
remedial steps against Complied installed but it was not operating as per the
discharge of sewage prescribed standards. The Committee
from the houses in the directed to do the inspection/survey and
vicinity of Mansi submit the report in this regard.
Ganga Kund
24
33 Status of the proper Not It was mentioned by representative of
arrangement of traffic Complied Tourism Department that SIT has been
control in the constituted by the State Govt. However, the
Parikrama Marg, town details could be given by Home Department
of Govardhan and alone. Report awaited from DM, Mathura/
Radha- Kund including PS, Tourism/ Home Secretary.
those who do the
Parikrama by Dandwat,
are getting ample
space for the purpose
34 Regarding allegations Not It was mentioned by representative of
on Brij Foundation Complied Tourism Department that SIT has been
that renovation of constituted by the State Govt. However, the
Sankarshan Kund, details could be given by Home Department
Rudra Kund, Jai Kund alone. Report awaited from DM, Mathura/
and Ramtaal Kund was PS, Tourism/ Home Secretary.
done by Brij
Foundation. The
renovation of Brahma
Kund, Krishna Kund,
Chandra Sarovar,
Theme Park, Ratnakar
Sagar was done in
accordance to the plan
prepared by Brij
Foundation. It was
directed by NGT to
order an investigation
by a Central Agency. "
10. The Committee has also made its recommendations as follows:
"V: RECOMMENDATIONS
1. The progress regarding certain essential environmental protection measures like development of permanent dumping site, boundary wall/protection around protected forest sewage/drainage network around Govardhan/ Radhakund needs to be improved.
2. The Construction of Radhakund Bypass needs to be expedited. There needs to be more urgency in starting the work of service road. The construction of multi-level parking needs to be expedited.
3. Action Plan for cleaning of 9 Kunds should be made urgently. The study being done by NEERI needs to be expedited.
4. All encroachments on the Parikrama Marg need be removed.
Proactive efforts be made e for vacation of stay orders.
5. The status of investigation in case of encroachment by Braj Foundation be reported to NGT.
6. Chief Secretary UP should review the progress at least once in a quarter to ensure inter departmental coordination."25
11. We have heard learned counsel for appearing parties. We do not see any reason not to accept the recommendations of the Oversight Committee. Accordingly, the recommendations stand accepted and this application is disposed of with directions in terms of the said recommendations. The Committee constituted in terms of order of this Tribunal dated 31.08.2020 may ensure compliance of the above recommendations and completion of the pending work by continuing its monitoring.
The application is disposed of.
I.A No 11 of 2021 is disposed of as withdrawn. The remaining I.As also stand disposed of.
A copy of this order be forwarded to Justice SVS Rathore, former Judge of the Allahabad High Court at Lucknow, Principal Secretaries, Tourism and Urban Development, UP, Engineer-in-Chief, PWD, UP, PCCF (HoFF), UP, Member Secretary, State PCB, UP, District Magistrate, Mathura, CEO, Mathura Vrindavan Development Authority and District Magistrate, Bharatpur, by e-mail.
Adarsh Kumar Goel, CP S.K. Singh, JM Dr. Nagin Nanda, EM March 18, 2021 Original Application No. 229/2013 (I.A Nos. 11/2021, 29/2021&60/2021) AB 26