National Green Tribunal
Pramod Kumar Agarwal vs State Of U.P. & Ors on 27 November, 2024
Item No.13 Court No. 2
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Miscellaneous Application in Disposed of Cases No.114/2024
IN
Original Application No.550/2022
Pramod Kumar Agarwal Applicant(s)
Versus
State of U.P. & Ors. Respondent(s)
Date of hearing: 27.11.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicants: None
ORDER
M.A. No.114/2024:
1. Due to non-compliance of judgment dated 18.07.2023, in respect of non-submission of compliance report, this Miscellaneous Application has been registered and come up before us.
2. Original Application raised grievance with regard to non-
maintenance of a Nala near Shahid Nagar Metro Station, GT Road, Shahibabad, Ghaziabad and emission of foul smell around the area 1 causing nuisance and health hazards. Ultimately, Tribunal vide judgment dated 18.07.2023 disposed of the matter passing following judgment:
"1. The grievance of the applicant is non-maintenance of the nallah near Shahid Nagar Metro Station G.T. Road, Sahibabad, Ghaziabad and foul smell is flooding around the area causing nuisance and creating several diseases. It is further submitted that nallah has not been covered and has been kept open.
2. The matter was taken up by this Tribunal on 06.09.2022 and a Committee was constituted with direction to submit a factual ad action taken report.
3. In compliance thereof, report of the Joint Committee has been submitted by Mr. Utsav Sharma, Regional Officer, UPPCB vide email dated 09.12.2022. The relevant part of the report is reproduced as under:-
"STATUS REPORT ON BEHALF OF THE JOINT COMMITTEE OF DISTRICT ADMINISTRATION, MUNICIPAL CORPORATION, GHAZIABAD AND UTTAR PRADESH POLLUTION CONTROL BOARD WITH RESPECT TO ORDER DATED 06.09.2022 x x x x x x
4. That, upon receiving nominations for site inspection from the District Administration and Municipal Corporation, Ghaziabad, the Joint Committee comprising of Shri Bipin Kumar, Additional District Magistrate (City), Ghaziabad, Shri Yogendra Singh, Executive Engineer (Jal), Municipal Corporation, Ghaziabad, Shri Om Prakash, Assistant Engineer (Jal), Municipal Corporation, Ghaziabad and Shri Kishan Singh, Assistant Environmental Engineer, UPPCB, Ghaziabad carried out site inspection of the said area on 24.11.2022.
5. That, representative of Municipal Corporation, Ghaziabad informed the members of the Joint Committee that the said complainant had approached the Corporation and requested that the drain be covered in front of the group housing society M/s Nipun Saffron Valley , G.T. Road, Ghaziabad where he stays, however same could not be done.
6. That, the Joint Committee tried to contact Shri Parmod Kumar Agarwal, the complainant on his mobile (8882927871) but the call went unanswered. Further, the Committee contacted Shri Nawab Singh, Guard Supervisor of 2 M/s Nipun Saffron Valley who informed that Shri Agarwal was not available in the society.
7. That, during site survey, the Committee observed that the drain, marked as Sahibabad Drain -1 in the records of Municipal Corporation passes near the boundary wall of M/s Nipun Saffron Valley on the right side. The said drain is at a distance of around 20 feet from the boundary wall of the society and residential towers are further 30 feet inside the group housing society. Hutments and temporary households were found established in the 20 feet buffer area between the boundary wall and the drain.
8. That, the said drain's inception is from a point near 80 feet road in Shahid Nagar and it culminates in Vaishali, Ghaziabad, where it is tapped through a sewage treatment plant. The total length of the said drain as per Corporation's record is 8115 meters, out of which around 7500 meters is in the form of concretized channel.
9. That, before reaching the area in question near M/s Nipun Saffron Valley, mixed effluent from Village Bhopura, Village Pasonda, Village Rajiv Nagar, Shalimar Garden, Ganeshpuri, Janakpuri and Shahid Nagar is received in Sahibabad Drain
-1. No authorized or approved industrial area falls in up stream of this point of Sahibabad Drain-1.
10. That, the Sahibabad Drain-1 is in the form of a concrete channel having width of around 30 feet and depth of around 10 feet near the group housing society. Once the drain passes the society it crosses beneath the GT Road. Due to accumulation of municipal waste, stagnancy was observed in the drain at said point which eventually leads to smell in the region.
11. That, the representatives of Municipal Corporation informed that complainant's demand of covering the drain cannot be fulfilled as it would lead to issues in cleaning and regular maintenance of the drain. Further, Hon'ble Tribunal in its various orders has adjudicated against covering of drains. The issue of covering of Sahibabad Drain-1 is also pending before the Hon'ble Tribunal in Original Application 16/2014, Hazi Arif versus State of U.P. and others. In the said matter as well, Municipal Corporation has maintained that no permission has been given to any private party on the said drain since 2012. Same is also incorporated in Functional Plan on Drainage for National Capital Region, approved in the 65th meeting of the Planning Committee of NCR Planning Board.
12. That, the said drain is eventually tapped through sewage treatment plants at Vaishali, Ghaziabad and installation 3 of multiple sewage treatment plants on the same drain is not feasible and not required.
13. That, surface water samples from drain were collected from up-stream as well as down-stream region of M/s Nipun Saffron Valley group housing society and analysed in the Regional Laboratory, Uttar Pradesh Pollution Control Board, Ghaziabad. Results with regards to major parameters have been tabulated hereunder:
S. Down-
Parameters Up-stream
No. stream
1 pH 6.9 7.2
2 Color Blackish Blackish
Total Suspended Solids
3 326 308
(mg/I)
Biological Oxygen
4 108.0 164.0
Demand (mg/I)
Chemical Oxygen
5 280.0 364.0
Demand (mg/I)
Total Coliform
6 4700000 2700000
MPN/100m1
Fecal Coliform
7 3400000 2200000
MPN/100m1
14. That, on basis of observations and findings on site, following recommendations are suggested by the Joint Committee:
a. Covering of drain is not feasible in the said area in view of various directions of Hon'ble National Green Tribunal and Functional Plan on Drainage for National Capital Region, approved in the 65th meeting of the Planning Committee of NCR Planning Board.
b. Since the drain is already tapped, installation of new STP at the said location is not feasible. However, Municipal Corporation along with Jal Nigam (Urban) shall ensure that 100% effluent of said drain is tapped at terminal Sewage Treatment plants either by direct lifting to the dedicated plant or by Interception & Diversion to underutilized plants.4
c. Municipal Corporation, Ghaziabad along with representatives of land-owning agencies in the catchment of said drain shall ensure that the activities in up-stream region of M/s Nipun Saffron Valley society are regulated as per approved land use only as this will regulate the flow as well as quality of effluent entering the drain.
d. Strict action should be taken against littering into the drains and bar screens be installed at regular intervals for collection and removal of waste finding its way into the drain.
e. Municipal Corporation should consider technical interventions like installation of floating aerators in the stretches of drain where issue of foul smell is persistent despite other measures in place due to stagnancy or other local factors in the drain."
4. On 12.12.2022, after hearing the parties, this Tribunal further constituted Committee to submit the report with remedial action taken by the respondent. The State PCB has submitted that:-
I. The issue of covering the said drain and pollution sources has been dealt with by the Hon'ble Tribunal in O.A. No. 16/2014 and passed following orders on 10.02.2023. Operative part of the order reads as under:-
"12. Thus, in absence of any other option, the directions of the Tribunal dated 13.05.2022 have to be carried out for removing illegal constructions falling in the buffer zone (12 meters from the edge of the drain) and preventing pollution of the drain by stopping discharge of untreated sewage, maintaining drain as exclusively storm water. Instead, the intercepted and diverted sewage needs to be treated and treated water utilized for secondary purposes such as agriculture, horticulture, industrial, parks, gardens or any other such non-contact purposes. 13. The District Magistrate and SSP, Ghaziabad, Ministry of Jal Shakti, Govt. of U.P. and Ghaziabad Nagar Nigam may accordingly take action expeditiously and restore the drain free from pollution and encroachments within six months from today."
II. Another Original Application 95/2023, Sunil Vaid & Anr. Vs Ministry of Jal Shakti & Ors. pertaining to said drain has also been dealth with by the Hon'ble Tribunal and following orders have been passed on 21.02.2023:-
5"...The operative part of the order as reproduced above clearly shows that this Tribunal, besides demolition of illegal constructions in the form of concrete slabs, has also said that authorities concerned shall take action for preventing pollution of the drain by stopping discharge of untreated sewage, maintain drain as exclusively storm water and redress the grievance raised in the application. Therefore, we do not find any reason to pass any further order in this application in view of the order already passed in O.A. No. 16/2014 on 10.02.2023, which also shows the grievance raised in this application.
4. The application is disposed of..."
III. Surface water samples from drain were collected from up-stream as well as down-stream region of M/s Nipun Saffron Valley group housing society and analysed in the Regional Laboratory, Uttar Pradesh Pollution Control Board, Ghaziabad. Results with regards to major parameters have been tabulated hereunder.
S.No. Parameters Up-stream Down-stream 1 pH 6.9 7.2 2 Color Blackish Blackish 3 Total Suspended Solids (mg/1) 326 308 4 Biological Oxygen Demand (mg/1) 108.0 164.0 5 Chemical Oxygen Demand (mg/1) 280.0 364.0 6 Total Coliform MPN/100mI 4700000 2700000 7 Fecal Coliform MPN/100m1 3400000 2200000 IV. In order to curb operation of illegal industries in non-conforming areas and other unauthorized activities adding to pollution load in said drain, a joint team has been constituted by District Magistrate, Ghaziabad. Concerned land-owning agencies in the catchment of said drain should also ensure that the activities in up-stream region of M/s Nipun Saffron Valley society are regulated as per approved land use only as this will regulate the flow as well as quality of effluent entering the drain, strict action should be taken against littering into the drains and bar screens be installed at regular intervals for collection and removal of waste finding its way into the drain.
V. For issue of foul smell in the said region due to stagnancy in drain, Municipal Corporation should consider technical interventions for increasing flow and oxidation in the stretches of drain where issue of foul smell is persistent on pilot scale.
65. In view of reports submitted by State PCB and joint Committee report and in view of contention raised by the learned Counsel for the parties, we direct as follows:-
i. Municipal Corporation and Jal Nigam is directed to ensure that 100% of the said drain is tapped at terminal Sewage Treatment plants either by direct lifting to the dedicated plant or by interception and diversion to under utilized plants.
ii. The Municipal Corporation, Ghaziabad shall ensure that activities in up-stream region of M/s Nipun Saffron Valley society are regulated as per approved land use and regulate the flow as well as quality of effluent entering into the drain as recommended by the joint Committee report. iii. Strict action should be taken against littering into the drains and bar screens be installed at regular intervals for collection and removal of waste finding its way into the drain.
iv. Municipal Corporation should consider technical interventions like installation of floating aerators in the stretches of drain where issue of foul smell is persistent despite other measures in place due to stagnancy or other local factors in the drain.
6. Respondents are directed to comply with the above directions within a time from say within six months and after compliance, submit the report to the Registrar General of this Tribunal.
7. With these observations and directions, the application stands disposed of."
3. Compliance Report was required to be submitted within six months and the period has expired in January 2024 but no report has been submitted by respondents till date. This attitude and conduct on the part of respondents is highly deprecable and cannot be appreciated, particularly, when non-compliance of Tribunal's order is an offence under Section 26 of NGT Act, 2010.
4. However, we propose to give further opportunity to respondents by directing them to comply Tribunals' judgment dated 18.07.2023 and 7 submit compliance report within three weeks failing which respondents 2 to 5 shall appear before Tribunal on the next date.
5. List on 23.12.2024.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM November 27, 2024 Miscellaneous Application No.114/2024 M 8