Pateshwari Prasad Singh vs State Of Uttar Pradesh on 15 January, 2026

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National Green Tribunal

Pateshwari Prasad Singh vs State Of Uttar Pradesh on 15 January, 2026

ITEM NO. 26                                           COURT NO.2

         BEFORE THE NATIONAL GREEN TRIBUNAL
             PRINCIPAL BENCH, NEW DELHI

      (Through Physical Hearing with Hybrid V.C. Option)

                 Original Application No. 433/2022


IN THE MATTER OF:

1. Pateshwari Prasad Singh,
 President, Paryavaran, Van Evam Vanya
Jeev Sanrakshan Samiti,
Pryadarshini, Civil Lines,
Balrampur-271201, Uttar Pradesh.                           Applicant


                             VERSUS


1. State of Uttar Pradesh,
Through Chief Secretary,
Government Of Uttar Pradesh, 101
'B' Block, Lok Bhawan, U.P. Secretariat,
Lucknow-226001, Uttar Pradesh.
Email: [email protected]

2. Department of Jal Shakti,
Government of Uttar Pradesh,
Sinchai Bhawan, Cantt Road,,
Udaiganj, Lucknow-226001, Uttar Pradesh.
Email: cincididuplu-up/@nic.in/
[email protected]

3. Uttar Pradesh Pollution Control Board,
Building no. TC-12V Vibhuti Khand,
Gomti Nagar Lucknow-226010, Uttar Pradesh.
Email: [email protected]

4. Uttar Pradesh Jal Nigam,
6, Rana Pratap Marg,
Lucknow-226001, Uttar Pradesh.
Email: [email protected]

5. District Magistrate, Balrampur,
Building Balrampur Dusah,
Collectorate Road, Koeliha,
271201 Uttar Pradesh.
Email: [email protected]

6. National Mission of Cleaning Ganga,
1st Floor, Major Dhyan Chand
National Stadium, India Gate,
New Delhi, Delhi 110002.
Email: [email protected]
 O.A. No. 433/2022          Pateshwari Prasad Singh Vs State of U.P. & Ors.

                               2

7. Survey of India,
Through Surveyor General,
Office of the Surveyor General of India,
Hathibarkala Estate, Post Box No. 37,
Dehradun, Uttarakhand.
Email: [email protected]/[email protected]

8. Additional Chief Secretary,
Minority Welfare and Waqf Department,
Government of Uttar Pradesh,
Room No. 620, 6th floor, Indira Bhawan,
Ashok Marg, Lucknow-226020 Uttar Pradesh.
[email protected]

9. Principal Secretary, Urban Development,
Government of Uttar Pradesh 601
Bapu Bhawan, Lucknow, Uttar Pradesh.
E-mail- [email protected]

10. Executive Officer,Nagar Palika Parishad, Balrampur,
Near Mahila Hospital, Nagar Palika Road,
Balrampur-271201 Uttar Pradesh.
E-mail- [email protected]                    Respondents

For the Applicant:

None for the applicant.

For the Respondents:


Mr. Bhanwar Pal Singh Jadon, Ms. Gargi Chaturvedi and Ms. Anjali
Sharma, Advocates for respondents no. 1, 4, 5 and 9.
Mr. Gi. Gi. C George, Advocate for respondents no. 2, 6 and 7.
Mr. Pradeep Mishra and Daleep Dhyani, Advocate for respondent no.3.
Ms. Priyanka Swami, Advocate for respondent no. 8.
Mr. Abhishek Yadav, Advocate for respondent no. 10.

PRESENT:

HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

                                  Judgment reserved on :09.10.2025
                               Judgment Pronounced On: 15.01.2026



                              JUDGMENT

PRONOUNCED BY: HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 3

1. The 'Paryavaran, Van Evam Vanya Jeev Sanrakshan Samiti, Civil Lines, Balrampur had sent through its President Mr. Pateshwari Prasad Singh the present letter petition dated 20.04.2022 which has been treated and registered as Original Application No. 433 of 2022 for exercise of Suo Motu Jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and others, (2022) 13 SCC 401.

Grievances of the Applicant Society

2. The Applicant Society complained that Balrampur was earlier part of District Gonda in which four rivers, namely Rapti, Suav, Kuwana and Besuhi were flowing. With formulation and implementation of forest and agricultural development policies, reclamation of land for agriculture, settlement of Marwari traders in new township named Bhagwatiganj, increase of population and encroachments in its catchment/Flood Plain Zone, River Suav has been converted into nallah. Further encroachment is being made by construction of Sewage Treatment Plant (STP) and Community Centre which may lead to serious environmental degradation and stoppage of such construction may be ordered.

3. The relevant part of the letter petition treated as original application enumerating grievances of the Applicant Society is reproduced as under:

"मान्यवर आपको जो प्रार्थना पत्र दे रहा हूं उस पर प्रकाश डालने के ललये यहााँ के इलिहास एवूं भौगोललक स्थर्लि को बिाना आवश्यक है । बलरामपुर शहर उत्तर प्रदे श के िराई क्षेत्र में है और जनपद के रूप में है जबकक पवथ में गोण्डा जनपद में र्ा। गोण्डा गजेकियर के अनुसार गोण्डा जनपद में चार नकदयाूं बहिी र्ी राप्ती नदी, सुआव नदी, कुआना नदी, बेसुही नदी 19 अक्िबर 1894 में जब वन नीलि घोषिि हुई और वन भलम एवूं कृ षि भलम का अलग अलग षवकास हुये। इन चार नकदयों के बीच कृ षि भलम बनाये O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

गये िर्ा गाव का षवकास हुआ सुआूंव नदी एवूं कुआना नदी के बीच वनी एवूं झाकियों को कािकर कृ षि योग्य भलम बनाया गया बलरामपुर से सिे कुआना नदी के िि पर ित्कालीन महाराजा बलरामपुर ने व्यापार को बढावा दे ने हे िु मारवाड से कुछ व्यापारी मारवाडी लाकर बसा कदये स्जसका नाम भगविीमज रखा गया। भगविीगूंज की आबादी बढनी गयीूं और कुआना नदी के ककनारे -ककनारे पर मकान बनिे गये किर सुआव नदी एक नाले के रूप में पररवलिथि हो गयी स्जसके ककनारे बलरामपुर के िरि एक चीडा बाूंध का लनमाथण महाराजा बलरामपुर द्वारा कराया गया जो कक भयूंकर बाढ को झेलिे हुय कई बार बलरामपुर शहर को डबने से बचा चुका है ।

अि मान्यवर उसी नदी (नाले) को सरकार द्वारा नाली का रूप कदया जा रहा है और नाले को पाि कर सीवर ट्रीि प्लान्ि एवूं कम्युलनिी हाल का लनमाथण कराया जा रहा है स्जसका रोकना अत्यन्ि आवश्यक है । पयाथवरण का बहुि बिा खिरा है एवूं बलरामपुर, भगविीगूंज के लोगों के जीवन से बहुि बडा स्खलवाि है । न्यायालय में कई उदाहरण है जो पयाथवरण को दृषिगि रखिे हुये कई बार लनमाथण रोके गये है , जैसे िािा िी लललमिे ड बनाम केरल राज्य का प्रलिवाद नालार्न्नी नदी में अपलशि पदार्थ लनवथहन कराने का मामला िर्ा अजीज मेहिा बनाम राजथर्ान सरकार आकद का उदाहरण है ।

मान्यवर, पयाथवरण को दृषि में रखिे हुये िर्ा जनजीवन की रक्षा हे िु आपसे लनवेदन है कक सीवर ट्रीि प्लान्ि एवूं कम्युलनिी हाल ित्काल रोकने का आदे श एवूं इस गम्भीर कायथ में ललप्त लोगों का भी जाूंच कराने का आदे श दे ने की कृ पा करें ।

अलि कृ पा होगी।"

4. English Translation by the Registry of this Tribunal of the relevant part of the letter petition treated as original application quoted-above reads as under:-

"Respected Sir, In order to shed light on the application I am submitting, it is essential to present the historical and geographical context. The city of Balrampur is located in the Terai region of Uttar Pradesh and presently holds the status of a district. Earlier, however, it was part of Gonda district. According to the Gonda Gazetteer, four rivers flowed through the Gonda district -- the Rapti River, Suaav River, Kuwana River, and Besuhi River. On October 19, 1894, when the forest policy was declared, forest land and agricultural land began to be developed separately. Agricultural lands were developed between these four rivers, and villages began to emerge. The area between the Suaav and Kuwana rivers was cleared of forests and trees to make the land suitable for farming.

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

On the banks of the Kuwana River, adjacent to Balrampur, the then Maharaja of Balrampur, to promote trade, brought some Marwari traders from Marwar and settled them in the area, which was named Bhagwatiganj. Over time, the population of Bhagwatiganj grew, and houses were built along the banks of the Kuwana River.

Later, the Suaav River gradually turned into a drainage stream (nala), and a check dam (chee band) was constructed by the Maharaja of Balrampur on the Balrampur side of this stream.

This dam has withstood severe floods on several occasions and has saved Balrampur city from submergence multiple times. Now, that very stream (nala) is being converted into a drainage system (sewer) by the government, and two other drains are being filled in to construct a Sewage Treatment Plant and a Community Hall. It is extremely important to stop this work. This project poses a serious threat to the environment and is a grave risk to the lives of the residents of Balrampur, especially those living in Bhagwatiganj.

There are several precedents in courts where, keeping environmental concerns in mind, construction has been halted. For example, in the case of Tata Tea Ltd. vs. the State of Kerala, where the issue involved discharging waste into the Nallathanni River, and Ajiz Mehta vs. State of Rajasthan, among others. Therefore, in the interest of environmental protection and to safeguard public life, I humbly request you to kindly issue orders to immediately halt the construction of the Sewage Treatment Plant and the Community Hall, and also to order an investigation against those involved in this serious matter. Your kind intervention will be greatly appreciated." Constitution of the Joint Committee

5. Vide order dated 31.05.2022, this Tribunal constituted a Joint Committee comprising of the Regional Office of Ministry of Environment, Forest & Climate Change, Government of India (MoEF&CC), Lucknow, Uttar Pradesh Pollution Control Board, Ministry of Jal Shakti, Government of India (MoJS) as well as State of Uttar Pradesh and District Magistrate, Balrampur and directed the Joint Committee to meet within four weeks and undertake site visits, look into the grievances of the Applicant Society, take requisite remedial action by following due process of law and to submit factual and action O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 6 taken report within two months. This Tribunal also directed that the factual and action taken report may include all relevant aspects in particular present status of the river Suav, boundary of Flood Plain Zone (FPZ), status of encroachments on the same and steps already taken or to be taken for removal of the encroachments. The District Magistrate, Balrampur was directed to take immediate steps for restraining any further construction which is being raised or proposed to be raised in the FPZ of river Suav.

Report of the Joint Committee constituted vide order dated 31.05.2022

6. In compliance thereof Mr. R.K. Singh, Chief Environment Officer, Uttar Pradesh, PCB filed report of the Joint Committee through letter dated 30.08.2022 by email on 01.09.2022 (pages no. 4 to 10 of the paper book). The relevant part of the report of the Joint Committee reads as under:-

"उपरोक्त वर्णित वाद में मा० राष्ट्रीय हररत अधिकरण कोर्ि नं0-2, आईर्म नं0-6 द्वारा धनर्ित आदे श धदनांक 31-05-2022 में धदये र्ये धनदे शों की अनुपालन आख्या-

जनपद-बलरामपुर, उत्तर प्रदे श में सुवाांव नदी के ननकट ननमााणाधीन सीवेज टर ीटमेन्ट प्लान्ट एवां कम्यूननटी सेन्टर से गम्भीर पर्ाा वरण क्षनि न हो, अिः ननमााणाधीन सीवेज टर ीटमेन्ट प्लान्ट एवां कम्यूननटी सेन्टर के ननमाा ण पर रोक लगाने हेिु पर्ाावरण वन एवां वन्य जीव सांरक्षण सनमनि, ससनवल लाइन, बलरामपुर के माध्यग से पाटे श्वरी प्रसाद ससांह द्वारा "मा० राष्ट्रीर् हररि अनधकरण" के समक्ष सशकार्ि प्रस्तुि की गई।

मा० राष्ट्रीर् हररि अनधकरण के समक्ष प्रस्तुि आवेदन पत्र पर मा० अनधकरण द्वारा 04 सप्ताह के अन्तगाि कार्ास्थल का ननरीक्षण कर र्थोनिि सत्यापन एवां त्वररि उपिारात्मक कार्ावाही हेिु ननम्नानुसार सनमनि गनिि नकर्े जाने के ननदे श नदर्े गर्े।

1. सजलानधकारी, बलरामपुर O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

2. क्षेत्रीर् कार्ाा लर्, पर्ाावरण, वन एवां जलवार्ु पररविान मांत्रालर्, भारि सरकार, लखनऊ द्वारा नानमि अनधकारी।

नानमि अनधकारी - डा० ए० के० गुप्ता एनडशनल डार्रे क्टर / साइां नटस्ट, 'ई', क्षेत्रीर् कार्ाालर्, पर्ाावरण वन एवां जलवार्ु पररविान मांत्रालर्, भारि सरकार, केन्द्रीर् भवन, पांिमिल, सेक्टर-एि, अलीगांज, लखनऊ।

3. उत्तर प्रदे श प्रदू षण ननर्ांत्रण बोडा , लखनऊ, द्वारा नानमि अनधकारी। नानमि अनधकारी एवां नोडल -श्री आशुिोष िौहान क्षेत्रीर् अनधकारी, उ०प्र० प्रदू षण ननर्ांत्रण बोडा , बस्ती।

4. जल शक्ति मांत्रालर्, भारि सरकार, उ०प्र०, नदल्ली, द्वारा नानमि अनधकारी।

(नानमि अनधकारी नहीां)

5. जल शक्ति मांत्रालर्, उ०प्र०, लखनऊ, द्वारा नानमि अनधकारी। नानमि अनधकारी श्री राकेश कुमार, ,मुख्य अनभर्न्ता, सरर्ू पररर्ोजना-नद्विीर्, ससांिाई एवां जल सांसाधन नवभाग, उ०प्र०, गोण्डा।

सनमनि द्वारा नदनाांक 17.08.2022 को जनपद-बलरामपुर में प्रश्नगि सुवाांव नदी/नाले का स्थलीर् ननरीक्षण नकर्ा गर्ा।

जनपद-बलरामपुर के राजस्व अनभलेखोां में प्रश्नगि स्थान ननमााणाधीन एस०टी०पी० एवां कम्यूननटी सेन्टर के ननकट ग्राम नवशुनापुर के नवनभन्न गाटोां के साथ-साथ गाटा सां0-599, 657, 659 आनद पानी के नाम दजा अनभलेख है। कोई भी गाटा नदी के नाम अांनकि नहीां है। ग्राम बलरामपुर दे हाि की गाटा सां0-2371नम0/0.6400 हे0 जो नवीन परिी में दजा है , पर एस०टी०पी० ननमााणाधीन है। प्रश्नगि सुवाांव नदी उ०प्र० ससांिाई नवभाग के अनभलेखोां में गोनपर्ापुर डर े न के नाम से अांनकि है , र्द्यनप स्थानीर् ननवाससर्ोां द्वारा इसे सुवाांव नाले के नाम से जाना जािा है। अनभलेखोां के अनुसार गोनपर्ापुर डर े न की लम्बाई 38.80 नकमी० है , जो ग्राम-गोनपर्ापुर िहसील-बलरामपुर, जनपद-बलरामपुर के गोनपर्ापुरिाल से ननकलिी है। र्ह डर े न गोनपर्ापुर गाांव से ननकलकर ग्राम- हांसुवाडोल, शेखरपुर, कोर्लरा, नवशुनापुर, घुसाह, बलरामपुर दे हाि, सोनार से होिे हुए ग्राम-कटरा शांकरनगर / भीखमपुर िहसील-बलरामपुर, जनपद- बलरामपुर के ननकट िााँदेिाल में नमल जािी है । िााँदेत्ताल से 82.000 नकमी. लम्बाई की सुवाांव नामक डर े न ननकलिी है , जो ग्राम-रसूलाबाद, िहसील- उत्तरौला के ननकट राप्ती नदी में जाकर नमल जािी है। िााँदेिाल के ननकट गोनपर्ापुर डर े न का हेड नडस्िाजा 568 क्यूसेक है। (लाईन डाइग्राम-एनेक्सर-1) गोनपर्ापुर डर े न के िैनेज नकमी. 18.200 के ननकट बार्ें नकनारे (Lat27°25'48", Long82°10'02") पर उ०प्र० जल ननगम द्वारा 8.5 एम०एल०डी० क्षमिा का सीवेज टर ीटमेन्ट प्लान्ट एवां नगरपासलका, बलरामपुर O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

के सलए सद्भावना मण्डल (कम्यूननटी सेन्टर) ननमााणाधीन है। इस स्थान पर डर े न का नडजाइन नडस्िाजा 450 क्यूसेक है िथा नडजाइन बेड की िौडाई 20 मी० है। ननमााणाधीन एस०टी०पी० के ननकट नाले के बेड की िौडाई की मापी करार्ी गर्ी, जो 22.30 मी० है ।

फ्लड प्लेन जोन का ननधाारण प्रार्ः ननदर्ोां में पररकक्तिि होिा है , िूांनक नवभागीर् अनभलेखोां मे प्रश्नगि सुवाांव नदी गोनपर्ापुर डर े न / नाला है , अिः प्रश्नगि स्थान पर गोनपर्ापुर डर े न / नाला होने के कारण नवभागीर् अनभलेखोां में नाले का फ्लड प्लेन जोन ननधााररि नहीां है ।

गोनपर्ापुर डर े न के िैनेज नकमी. 18.200 के बार्ें नकनारे पर गाटा सां0- 2371 नम० / 0.6400 हे0 जो नवीन परिी में दजा है , इस गाटे में करीब 0.4881 हेक्टेर्र (औसिन आकार 31×157 वगा मीटर) भूनम एस०टी०पी० के ननमााण हेिु अनधशासी अनभर्न्ता, ननमााण खण्ड, उ०प्र०, जल ननगम, बलरामपुर हेिु उपसजलानधकारी, सदर बलरामपुर द्वारा निक्तिि भूनम में उ०प्र० जल ननगम द्वारा एस०टी०पी० ननमााणाधीन है एवां करीब 0.112 हेक्टेर्र भूनम में (औसिन आकार 32x35 वगा गीटर) नगरपासलका, बलरामपुर के सलए र्ू०पी०सी०एल०डी०एफ० द्वारा सद्भावना मण्डल (कम्यूननटी सेन्टर) ननमााणाधीन है। राजस्व अनभलेखोां के अनुसार एवां कार्ास्थल पर साांई िौक से सजलानधकारी कार्ाा लर् िक जाने वाला मागा गोनपर्ापुर डर े न के ननकट ननमााणाधीन एस०टी०पी० एवां कम्यूननटी सेन्टर के ननकट से ननकलिा है।

आज नदनाांक 17.08.2022 को ननरीक्षण के समर् कार्ास्थल पर ननमााण कार्ा बन्द था। ननरीक्षण के समर् कार्ास्थल पर उपक्तस्थि मो० सजर्ाउल हक, अनधशासी अनभर्न्ता एवां श्री उत्कषा श्रीवास्तव, सहार्क अनभर्न्ता, ननमााण खण्ड, उ०प्र०, जल ननगम, बलरामपुर द्वारा अवगि करार्ा गर्ा नक "मा० राष्ट्रीर् हररि अनधकरण" द्वारा नदर्े गर्े ननदे शोां के क्रम में कार्ास्थल पर कार्ा नवगि नदनोां से बन्द है। एस०टी०पी० का करीब 40 प्रनिशि कार्ा कार्ास्थल पर पूणा कर सलर्ा गर्ा है (फोटो सांलग्न, एनेक्सर-2)।

कार्ास्थल पर एस०टी०पी० के ननमााण हे िु राज्य प्रदू षण ननर्ांत्रण बोडा एवां अन्य नवभाग से स्थापन हेिु सहमनि (Consent to Establishment) नहीां ली गई है ।

कार्ास्थल पर एक बोर वेल पार्ा गर्ा, बोर वेल हेिु भू-गभा जल नवभाग से वाांनिि अनापनत्त प्रमाण पत्र प्राप्त नहीां नकर्ा गर्ा।

अनधशासी अनभर्न्ता, ननमाा ण खण्ड, उ०प्र०, जल ननगम, बलरामपुर द्वारा अवगि करार्ा गर्ा नक एस०टी०पी० के ननमााण हेिु प्रदू षण ननर्ांत्रण बोडा एवां भू-गभा जल नवभाग से अनापनत्त प्रमाण-पत्र प्राप्त करने हेिु आवेदन कर नदर्ा गर्ा है।"

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 9

7. English Translation by the Registry of relevant part of the Joint Committee Report quoted-above reads as under:-

"Compliance Report of the Directions Issued by Hon'ble National Green Tribunal, Court No. 2, Item No. 6, Order dated 31-05-2022 District - Balrampur, Uttar Pradesh With a view to prevent serious environmental damage from the under-construction Sewage Treatment Plant (STP) and Community Centre near the Suvawn River in District Balrampur, Uttar Pradesh, a complaint was filed before the Hon'ble National Green Tribunal by Mr. Pateshwari Prasad Singh, through the Environment, Forest and Wildlife Protection Committee, Civil Line, Balrampur, seeking a stay on the construction of the said Sewage Treatment Plant and Community Centre.

On the application submitted before the Hon'ble National Green Tribunal, the Hon'ble Tribunal directed that a committee be constituted to conduct a site inspection within four weeks for proper verification and prompt remedial action, as follows:

1. District Magistrate, Balrampur

2. Officer nominated by the Regional Office of the Ministry of Environment, Forest and Climate Change, Government of India, Lucknow Nominated Officer: Dr. A. K. Gupta Additional Director / Scientist 'E' Regional Office, Ministry of Environment, Forest and Climate Change, Government of India Central Building, Pancham Tal, Sector-H, Aliganj, Lucknow

3. Officer nominated by Uttar Pradesh Pollution Control Board, Lucknow Nominated Officer and Nodal Officer: Mr. Ashutosh Chauhan Regional Officer, U.P. Pollution Control Board, Basti

4. Officer nominated by the Ministry of Jal Shakti, Government of India, New Delhi (No officer nominated)

5. Officer nominated by the Ministry of Jal Shakti, Uttar Pradesh, Lucknow Nominated Officer: Mr. Rakesh Kumar, Chief Engineer Sarayu Project-II, Irrigation & Water Resources Department, U.P., Gonda The committee conducted a site inspection of the concerned Suvawn River/Drain in District Balrampur on 17.08.2022.

As per the revenue records of District Balrampur, the land near the under-construction STP and Community Centre, adjoining various plots (Gatas) of Village Vishunapur, including Gata Nos. 599, 657, 659, etc., is recorded as water land. No plot is recorded in the name of a river. In Village Balrampur Dehat, Gata No. 2371 Mi / 0.6400 hectare, recorded as new fallow land, is where the STP is under construction. In the records of the Uttar Pradesh Irrigation Department, the concerned Suvawn River is O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 10

recorded as Gopiyapur Drain, although it is locally known as Suvawn Nala. As per records, the length of Gopiyapur Drain is 38.80 km, originating from Gopiyapur Tal in Village Gopiyapur, Tehsil Balrampur, District Balrampur. The drain flows through villages Gopiyapur, Hansuwadol, Sheikhpur, Koyalra, Vishunapur, Ghusaha, Balrampur Dehat, Sonar, and finally merges into Chandet Tal near Village Katra Shankarnagar / Bhikhampur, Tehsil Balrampur, District Balrampur. From Chande Tal, a drain named Suvawn, having a length of 82.000 km, emerges and merges into the Rapti River near Village Rasulabad, Tehsil Utraula. The head discharge of Gopiyapur Drain near Chandet Tal is 568 cusecs. (Line Diagram - Annexure-1) Near chainage km 18.200, on the left bank of Gopiyapur Drain (Latitude 27°25'48", Longitude 82°10'02"), an 8.5 MLD capacity Sewage Treatment Plant is under construction by U.P. Jal Nigam, along with a Community Centre (Sadbhavana Mandal) for Nagar Palika, Balrampur. At this location, the design discharge of the drain is 450 cusecs, and the design bed width is 20 meters. Measurement of the drain bed near the under-construction STP showed a width of 22.30 meters.

Flood Plain Zone is generally conceptualized for rivers. Since in departmental records the Suvawn is categorized as Gopiyapur Drain / Nala, no flood plain zone has been determined for the said location.

On the left bank of Gopiyapur Drain at chainage km 18.200, Gata No. 2371 m / 0.6400 hectare, recorded as new fallow land, includes approximately 0.4881 hectare (average size 31 × 157 square meters) identified by the Sub-Divisional Magistrate, Sadar Balrampur, for construction of the STP by the Executive Engineer, Construction Division, U.P. Jal Nigam, Balrampur, where the STP is under construction. Additionally, approximately 0.112 hectare of land (average size 32 × 35 square meters) is under construction for the Sadbhavana Mandal (Community Centre) for Nagar Palika, Balrampur, by UPCLDF. As per revenue records and site conditions, the road from Sai Chowk to the District Magistrate's Office passes near the under-construction STP and Community Centre along the Gopiyapur Drain. On the date of inspection, 17.08.2022, the construction work at the site was found to be stopped. Present at the site, Mr. Mohammad Jiaul Haq, Executive Engineer, and Mr. Utkarsh Srivastava, Assistant Engineer, Construction Division, U.P. Jal Nigam, Balrampur, informed that in compliance with the directions of the Hon'ble National Green Tribunal, construction work had been stopped for the past several days. Approximately 40% of the STP construction work has been completed (Photographs enclosed, Annexure-

2). At the site, Consent to Establish (CTE) from the State Pollution Control Board and other concerned departments for construction of the STP has not been obtained. A borewell was found at the site; however, the required No Objection Certificate (NOC) from the Groundwater Department has not been obtained.

The Executive Engineer, Construction Division, U.P. Jal Nigam, Balrampur, informed that applications have been O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 11

submitted to the Pollution Control Board and the Groundwater Department for obtaining the required No Objection Certificates for construction of the STP." Written Submissions by the Applicant

8. The Applicant in his submissions dated 11.07.2022 has submitted that the respondents failed to comply with the directions issued by this Tribunal in its order dated 31.05.2022, as the Joint Committee comprising the Regional Office of MoEFCC, UPPCB, Ministry of Jal Shakti, State of Uttar Pradesh, and the District Magistrate, Balrampur, was not constituted nor did the Nodal Agency (UPPCB) submit compliance within the stipulated four weeks. Further, the Respondents and the District Magistrate did not take action as directed in paragraphs 3 and 4 of the said order. It was also submitted that illegal construction of a Sewage Treatment Plant (STP) had been carried out on the Suav River without obtaining requisite permission from UPPCB, in violation of the Water (Prevention and Control of Pollution ) Act, 1974, the Air (Prevention and Control of Pollution )Act, 1981, the Environment (Protection) Act, 1986, and the Solid Waste Management Rules, 2016, thereby acting in contravention to the specific directions of the Tribunal's aforementioned order. The Applicant prayed for an urgent hearing and imposition of appropriate environmental compensation on the Respondents for deliberate and continued non-compliance. Impleadment of Respondents

9. Vide order dated 09.02.2023 this Tribunal impleaded (1) State of Uttar Pradesh, through its Chief Secretary, Government of Uttar Pradesh; (2) Department of Jal Shakti, Government of Uttar Pradesh; (3) Uttar Pradesh Pollution Control Board (UPPCB); (4) U.P. Jal Nigam; and (5) District Magistrate, Balrampur, as respondents no. 1 to 5. O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 12

10. Vide order dated 18.10.2023 considering the facts and circumstances of the case particularly that River Suav joins River Rapti which is a Tributary of River Ganga, presence of National Mission for Clean Ganga was considered necessary for just and proper adjudication of the questions involved in the case and accordingly National Mission for Clean Ganga was impleaded as respondent no. 6.

11. Vide order dated 13.09.2024, Survey of India through Surveyor General was impleaded as respondent no. 7.

12. Vide order dated 19.12.2024, Additional Chief Secretary, Minority Welfare and Waqf Department, Government of Uttar Pradesh; Principal Secretary, Urban Development, Government of Uttar Pradesh and Nagar Palika Parishad, Balrampur through its Executive Officer were impleaded as respondents no. 8 to 10.

Reports/Replies by Respondents

13. Notices were issued to the respondents and pursuant to service of notice and in compliance of orders passed by this Tribunal in the course of hearing, response dated 08.04.2023 was filed by respondent no. 5- District Magistrate, Balrampur vide email dated 11.04.2023 (pages no. 44 to 45 of the paper book); response dated 16.05.2023 was filed by respondent no. 3-UPPCB vide email dated 16.05.2023 (pages no. 46 to 53 of the paper book); report dated 30.09.2023 was filed by respondent no.10 -Nagar Palika Parishad Balrampur vide email dated 30.09.2023 (pages no. 72 to 81 of the paper book); report dated 10.10.2023 was filed by respondent no.2 -Irrigation and Water Resources Department, Uttar Pradesh vide email dated 11.10.2023 (pages no. 82 to 97 of the paper book); report dated 19.03.2024 was filed by respondent no.6-NMCG vide email dated 19.03.2024 (pages no. 98 to 204 of the paper book); report O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 13 dated 23.03.2024 was filed by DFO, Sohelwa Forest Division, Balrampur vide email dated 28.03.2024 (pages no. 205 to 348 of the paper book); report dated 04.07.2024 was filed by respondent no.6- NMCG, Ministry Of Jal Shakti, Government of India vide email dated 04.07.2024 (pages no. 349 to 361 of the paper book); response dated 27.07.2024 was filed by respondent no.2-Principal Secretary, Irrigation And Water Resource Department, Uttar Pradesh vide email dated 27.07.2024 (pages no. 362 to 367 of the paper book); response dated 05.08.2024 was filed by respondent no.9-Principal Secretary, Urban Development Department, Uttar Pradesh vide email dated 05.08.2024 (pages no. 381 to 482 of the paper book); response dated 28.08.2024 was filed by respondent no.9-Principal Secretary, Urban Development Department, Uttar Pradesh vide email dated 28.08.2024 (pages no. 483 to 549 of the paper book); reply dated 19.10.2024 was filed by respondent no.7-Survey of India, Uttarakhand vide email dated 19.10.2024 (pages no. 550 to 593 of the paper book); additional compliance report dated 04.11.2024 was filed by respondent no.7- Survey of India vide email dated 04.11.2024 (pages no. 594 to 605 of the paper book); affidavit dated 18.12.2024 (pages no. 607 to 750 of the paper book) was filed by respondent no.9-Urban Development Department, Uttar Pradesh; reply dated 09.02.2025 (pages no. 751 to 840 of the paper book) was filed by respondent no.8- Additional Chief Secretary, Minority Welfare And Waqf Department, Uttar Pradesh vide email dated 12.02.2025; affidavit dated 11.02.2025 was filed by respondent no.9-Urban Development Department, Uttar Pradesh vide email dated 12.02.2025 (pages no. 841 to 873 of the paper book); affidavit dated 12.01.2025 was filed by respondent no.10- Nagar Palika Parishad vide email dated12.02.2025 (pages no. 874 to 887 of the paper book); compliance report was filed by respondent no.2-Chief Engineer O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 14 Saryu Project-II, Gonda vide email dated 09.04.2025 (pages no. 895 to 899 of the paper book); compliance report was filed by respondent no.7- Survey of India vide email dated 09.04.2025 (pages no. 900 to 922 of the paper book); report dated 14.04.2025 was filed by respondent no.5- District Magistrate, Balrampur vide email dated 15.04.2025 (pages no. 928 to 981 of the paper book); compliance report dated 07.07.2025 was filed by respondent no.2-Principal Secretary, Irrigation and Water Resources, Uttar Pradesh vide email dated 08.07.2025 (pages no. 994 to 1111 of the paper book); additional affidavit dated 08.07.2025 was filed by respondent no.5-District Magistrate, Balrampur vide email dated 08.07.2025 (pages no. 1112 to 1133 of the paper book); additional affidavit dated 08.07.2025 was filed by respondent no.9-Joint Secretary, Urban Development Department, Uttar Pradesh vide email dated 08.07.2025 (pages no. 1134 to 1306 of the paper book); Supplementary affidavit dated 15.07.2025 was filed by respondent no.9-Secretary, Urban Development Department, Uttar Pradesh vide email dated 15.07.2025 (pages no. 1307 to 1478 of the paper book); additional reply dated 05.09.2025 was filed by respondent no.8-Principal Secretary, Minority Welfare And Waqf Department, Uttar Pradesh vide email dated 08.09.2025 (pages no. 1484 to 1493 of the paper book); compliance report cum affidavit dated 08.09.2025 was filed by respondent no.2- Chief Engineer. Saryu Pariyojna-2, Gonda, Irrigation and Water Resources Department, Uttar Pradesh vide email dated 08.09.2025 (pages no. 1494 to 1637 of the paper book); affidavit dated 08.09.2025 was filed by respondent no.10-Executive Officer, Adarsh Nagar Palika Parishad, Balrampur vide email dated 09.09.2025 (pages no. 1638 to 1659 of the paper book); supplementary affidavit dated 09.09.2025 was filed by respondent no.9-Principal Secretary, Urban Development Department, Uttar Pradesh vide email dated 09.09.2025 (pages no. O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 15 1673 to 1754 of the paper book) and affidavit dated 08.10.2025 was filed by respondent no.9-Joint Secretary, Urban Development Department, Uttar Pradesh vide email dated 08.10.2025 (pages no. 1768 to 1887 of the paper book).

14. In order to avoid repetition and also for reasons of brevity, the contents of above-mentioned replies/affidavits/reports filed by the respondents as mentioned hereinabove are not reproduced here and the relevant parts thereof will be reproduced/ referred/discussed in the later parts of this Judgment.

15. We have heard arguments addressed by Mr. Bhanwar Pal Singh Jadon, Ms. Gargi Chaturvedi and Ms. Anjali Sharma, learned Counsels for respondents no. 1, 4, 5 and 9, Mr. Gi Gi C George, learned Counsel for respondents no. 2, 6 and 7, Mr. Pradeep Mishra and Daleep Dhyani, learned Counsel for respondent no.3, Ms. Priyanka Swami, learned Counsels for respondent no. 8, and Mr. Abhishek Yadav, learned Counsel for respondent no. 10 and we have gone through all the materials on record carefully.

16. In view of the averments made in the original application and reports/replies/responses filed by the respondents in the present case following substantial environmental questions relating to implementation of the enactments specified in Schedule I of the National Green Tribunal Act, 2010 arise for adjudication:-

(i) Whether Suav presently recorded by the Irrigation Department as Nala (Drain) is a River?

(ii) If Suav is a River, whether entries in the records pertaining to it are required to be rectified by mentioning it to be a River and O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

remedial measures are required to be taken for rejuvenation, protection & rehabilitation of River Suav?

(iii) Whether remedial measures are required to be taken for demarcation of the Flood Plain zone (FPZ) of River Suav?

(iv) Whether remedial measures are required to be taken for identification and removal of encroachment in the FPZ of River Suav?

(v) Whether remedial measures are required to be taken for prevention & control of pollution in River Suav by treatment of discharge of effluents from industries, municipal sewage and other liquid waste and management of municipal solid waste?

17. The findings of this Tribunal on the above-mentioned substantial environmental questions along with the reasons for the same are given in this judgment hereinafter.

(i) Whether Suav presently recorded by the Irrigation Department as Nala (Drain) is a River?

(ii) If Suav is a River whether entries in the records pertaining to it are required to be rectified by mentioning it to be a River and remedial measures are required for rejuvenation, protection & rehabilitation of River Suav?

(iii) Whether remedial measures are required to be taken for demarcation of the Flood Plain zone (FPZ) of River Suav?

(iv) Whether remedial measures are required to be taken for identification and removal of encroachment in the FPZ of River Suav?

18. All these questions being interconnected are taken up together for discussion.

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 17

19. The Applicant raised the grievance that according to the Gonda Gazetteer, four rivers Rapti, Suav, Kuwana and Besuhi flowed through District Gonda but Suav River has gradually turned into a drainage stream (nala) which is being converted into a drainage system (sewer) by the government.

20. The Joint Committee constituted by this Tribunal vide order dated 31.05.2022 submitted report dated 27.08.2022. The English translation of the relevant part of the report which is in Hindi is reproduced below:-

"The committee conducted a site inspection of the concerned Suvawn River/Drain in District Balrampur on 17.08.2022. As per the revenue records of District Balrampur, the land near the under-construction STP and Community Centre, adjoining various plots (Gatas) of Village Vishunapur, including Gata Nos. 599, 657, 659, etc., is recorded as water land. No plot is recorded in the name of a river. In Village Balrampur Dehat, Gata No. 2371 Mi / 0.6400 hectare, recorded as new fallow land, is where the STP is under construction. In the records of the Uttar Pradesh Irrigation Department, the concerned Suvawn River is recorded as Gopiyapur Drain, although it is locally known as Suvawn Nala. As per records, the length of Gopiyapur Drain is 38.80 km, originating from Gopiyapur Tal in Village Gopiyapur, Tehsil Balrampur, District Balrampur. The drain flows through villages Gopiyapur, Hansuwadol, Sheikhpur, Koyalra, Vishunapur, Ghusaha, Balrampur Dehat, Sonar, and finally merges into Chandet Tal near Village Katra Shankarnagar / Bhikhampur, Tehsil Balrampur, District Balrampur. From Chande Tal, a drain named Suvawn, having a length of 82.000 km, emerges and merges into the Rapti River near Village Rasulabad, Tehsil Utraula. The head discharge of Gopiyapur Drain near Chandet Tal is 568 cusecs. (Line Diagram - Annexure-1) Near chainage km 18.200, on the left bank of Gopiyapur Drain (Latitude 27°25'48", Longitude 82°10'02"), an 8.5 MLD capacity Sewage Treatment Plant is under construction by U.P. Jal Nigam, along with a Community Centre (Sadbhavana Mandal) for Nagar Palika, Balrampur. At this location, the design discharge of the drain is 450 cusecs, and the design bed width is 20 meters. Measurement of the drain bed near the under-construction STP showed a width of 22.30 meters.

Flood Plain Zone is generally conceptualized for rivers. Since in departmental records the Suvawn is categorized as Gopiyapur Drain / Nala, no flood plain zone has been determined for the said location."

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 18

21. This Tribunal considered the Joint Committee Report on 05.09.2022 and observed in its order dated 05.09.2022 that in the report of the Joint Committee, Suav has been mentioned to be a drain whereas in 1905 Gazetteer of District Gonda the same is referred to as river and, therefore, the fundamental question relating to environment which arose in the present case was as to whether Suav is a river or a drain and the questions which arose further related to the aspects of demarcation of Flood Plain Zone (FZP) in case Suav is a river and the nature and extent of encroachments on the same. Constitution of Another Committee

22. This Tribunal observed that the Joint Committee had addressed the issues pertaining to STP and Community Centre only and the issues pertaining to status of Suav as river or Nala, demarcation of Flood Plain Zone and encroachments had not been addressed properly by the Joint Committee.

23. In view of these facts this Tribunal, vide order dated 05.09.2022, constituted another Committee comprising of Chairman of Central Water Commission or his nominee not below the rank of Chief Engineer, representatives of State Remote Sensing Organization, State of Uttar Pradesh, Ministry of Jal Shakti, Uttar Pradesh, UPPCB and District Magistrate, Balrampur to undertake field visits and verify factual position by assessing ground reality as well as relevant revenue and administrative record and submit its report specifically addressing the issues as to whether, Suav is a drain (Nala) or River, demarcation of flood plain zone in case Suav is a river and extent/magnitude of encroachments on left and right banks of Suav in urban municipal limits of Balrampur city. This O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 19 Tribunal directed the Committee to file its Report within two months which period was extended vide orders dated 17.10.2022 and 19.12.2022.

Report of Joint Committee constituted vide order dated 05.09.2022

24. In compliance of orders dated 05.09.2022, 17.10.2022 and 19.12.2022, report of the Joint Committee (pages no.20 to 43 of the paper book) was filed vide email dated 21.01.2023. The relevant part of the report reads as under:

"Report of Joint Committee constituted as per NGT Order dated 05.09.2022 in the matter of O.A. No. 433/2022.

X X X X X Nominations from the all concerned institutes were completed and following are the members of the Joint Committee constituted in compliance to the Hon'ble NGT order dated 05.09.2022 in the matter of Pateshwari Prasad Singh Versus State of Uttar Pradesh in O.A. No. 433/2022;

1. Shri Anupam Prasad, Chief Engineer, UGBO, CWC

2. Shri Rakesh Kumar, Chief Engineer, Saryu-II, WRD, UP

3. Shri Arjun Singh, Scientist SD, RSAC, UP

4. Shri Rajendra Bahadur, SDM, Tehsil- Sadar, Balrampur 2.0. General description of the District/Area Balrampur district is surrounded by Bahraich, Siddharthnagar, Gonda and, Basti districts of Uttar Pradesh. In its North lies the country of Nepal. The district has an geographical area of 3.37 lakh hectares out of which about 2.21 lakh hectare is under agriculture.

Rapti is the main river which flows through the district and is known for causing havoc during the monsoon season. The area just below the mountain slopes of Nepal is known as Terai and the river and rivulets emerging from the mountain slopes discharge heavily along with silt in the Terai area. During monsoon season with the waters gushing from the hills of Nepal from the north combined with river waters of river Rapti often floods the district. Due to flat terrain, problems associated with drainage of the flood waters from the submerged areas of the district is a major perennial problem.

Balrampur is a small city in expansion mode and with passage of time this expansion is likely to accelerate. At present the construction activities especially those related to construction O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

of new residences/commercial establishment etc. are being undertaken encompassing new areas.

3.0 Field Visit of the Joint Committee The Joint Committee made visit on 22.11.2022 at the under construction site of STP in Balrampur on the left bank of the so called Suav river/ drain and made a reconnaissance survey along it. The Committee also visited the origin/source of the river/drain.

Detailed discussion were held on various aspect of the Suav river/ drain, irrigation in the area, floods in the district of Balrampur etc. The representative from State Remote sensing Centre, Govt. of UP presented the historical as well as latest satellite images of the Suav river/ drain upto Chande Tal.

4.0. Important points which emerged from the discussion /Field visit i. The Gazetteer of Gonda, published in 1906 describes the topography, demography, Agriculture, Rivers in fair detail. The document mentions that there are a number small channels/drains joining River Rapti, which carry water only during wet season and resemble like river. But the only tributary of significance to the river Rapti is Burhi Rapti on its North(left) Bank and River Suwawan (Suav) on its South (Right Bank). The Gazetteer says that the river Suav becomes a river of considerable proportion before its joining in river Rapti near Rasoolabad in Utaraula pargana. Relevant extract of the Gazetteer is enclosed at Annexure-I. ii. The Irrigation officials informed that the Suav river/drain in question in their records is named as Gopiyapur drain and is about 38 km in length from its origin from a Jhil/Tal near Gopiyapur village in Balrampur district upto Chande Tal (close to right bank of River Rapti). From Chande Tal two channels emerge , one with a length of few hundred meters takes a north course and drains directly into river Rapti and another channel (known locally as Suav) emerges from south of Chande Tal and takes south-east direction and after traversing a distance of about 82 km merges with river Rapti near Rasoolabad in Uttraula Tehsil close to border of District Siddharthnagar and merges with Rapti. During monsoon season when the Rapti is in spate and rainfall occurs in the area causing the Chande Tal to swell, all of the water is carried by this Channel (River/ Drain Suav). The Suav below Chande Tal passes through many Jhils/Tals and at many places the banks are not well defined and during dry season it merges with the adjoining agriculture fields.

iii. It was surprisingly gathered during the course of discussion that at many places where the channel of the river is not defined, the bed of the Suav is used for agriculture purpose and is also owned by farmers, who have such land in their own name as per land records. During monsoon season the water flows from these fields giving Suav a natural course. It was also informed that during Rabi season the Chande Tal also becomes agriculture field.

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 21 iv. The whole river from its origin up its confluence with Rapti (about 120 Km with drainage of about 235 square kilometers) drains a large tract of land during monsoon and also acts as irrigation drain for the water which flows out from the agricultural fields. It was further informed that the Suav river/drain is maintained by Irrigation Department from time to time (latest resectioning was done in 2020-21). As per the information provided by Irrigation officials, the design discharge estimated as 568 cusec for Gopiyapur drain and at Tail end of Suav river/drain is 1059 cusec. More details of the river Suav and Gopiyapur Drain is enclosed at Annexure-II(a) and II(b) respectively.

v. The officials presented an index map of drainage system in the district of Balrampur and adjoining districts, which is enclosed at Annexure-III. It can be seen from the map that the Basti Branch of the irrigation canal irrigates the total area (Pink colour) lying between river Rapti and River Kwano in the district of Balrampur through a network of Distributaries and Minors. The Basti branch canal is a ridge canal and the drainage of the major geographical area lying between north of the Basti Branch Canal and river Rapti is taken care by the Suav river, which includes the Balrampur town also. vi. The officer from State Remote Sensing Centre, UP presented the satellite imagery of the Gopiyapur drain part of Suav river for the year 1985, 1995, 2004, 2015, 2020 and 2022 (Annexure-IV). In all the imageries the banks of the Suav is clearly defined with an extremely meandering nature (specific to rivers flowing in very flat area). In October 2022 imagery, when there were heavy discharge in the rivers, the Chande Tal swelled and the north channel draining into river Rapti became undefined.

vii. The map showing river Suav from Chande Tal to its confluence with river Rapti near Rasoolabad close to Siddharthnagar district border is placed at Annexure-V. viii. The Committee visited the location where STP is being constructed along the left bank of the Suav river(Figure 1). It was observed that the retaining wall is being constructed on the left high bank of the river/drain. The left bank is higher in elevation than the right bank. A heap of litter was found dumped on opposite side (Right Bank) of under construction STP. At the time of visit a flow of the order of 2-3 cumec was observed in the river/drain near under construction STP.

X X X X ix. The Committee also visited the location where the river/drain Suav originates. It's a low lying area (Tal/jhil) on NH 730 at Lat-24.48071o and long 82.10637 o in the district of Balrampur (Figure 2).

   X                X                   X                        X
 O.A. No. 433/2022           Pateshwari Prasad Singh Vs State of U.P. & Ors.

                                22

x. There is no regular Stage-discharge or water quality monitoring stations on the Suav nor any long term historical data is available.

5.0 Recommendations of the Committee i.The Suav has its origin from a Tal/Jhil in the district of Balrampur. Eventually rainfall runoff/Agriculture runoff water from the adjacent fields join it to make it a free flowing natural stream. The Suav carries fresh water and has natural bed with very shallow depth in many places. The Suav especially below Chande Tal is inter connected by many low lying area (Jhil/Tals) and has shallow and undefined banks in many stretches. Agriculture especially during Rabi season is being carried out on the bed of Suav river below Chande Tal and within Chande Tal. The Suav has well defined banks during the last 45-50 km of its stretch. Suav was having decent flow (continuous) in the visited stretch near STP and was informed that the flow diminishes during the peak summer months and it becomes dry, however stagnant water can be seen in different patches all along the channel even during summer season. The Balrampur town sewage and discharge from the Sugar mills also outfalls in the Suav. At present there is no sewage network. in the Balrampur town and the STP under construction will take care of part of the sewage generated from the town.

The Suav, as per Irrigation Department records has been mentioned as a drain (Gopiyapur) till its outfall in Chande Tal. The concept of irrigation drain came after advent of irrigation system in the area. The Gazetteer of Gonda mentions the Suav as a river of significance before its confluence with Rapti. The basic natural purpose of a river or Nalas or rivulets is to drain out the water falling in its catchment area to a river/Nala/Rivulet of higher order or Sea/Large Lake. Nevertheless, Suav has a natural origin, availability of freshwater due to rains over its catchment and natural curvature of its entire course. However the depth of Suav is very shallow especially in first 60-70 kilometers of its reach and undefined banks at many stretches, which is due to extremely flat topography. Further it directly joins river Rapti, having a length of about 120 km.

It can be concluded the Suav may be considered as river but at the same time its importance as an important Irrigation drain cannot be overlooked keeping in view the large tract of Irrigated area it drains out and its proper section and slope has to be maintained. As on date the most important purpose of the Suav is to drain out waters from its catchment (including Balrampur City) as quickly as possible to prevent water logging in the city and agriculture fields.

ii. Entire Balrampur district has a flat topography, with a very gentle slope. During the monsoon season the area is susceptible to floods from heavy rains and rising water levels O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 23 of River Rapti. Even after the rainfall ceases and River water level of Rapti starts receding, a large tract of areas remain water logged due to extremely flat terrain and slow drainage of flood waters in to river Rapti through its tributaries. The Balrampur town is expanding with new residential colonies cropping up along the periphery of the city.

Commercial/industrial activities may also rise in near future leading to further influx of population in the city. The Suav river which drains the areas around the Balrampur city is likely to come under stress through encroachment/discharge of solid waste and untreated sewage, which may lead to hindrance in free flow causing drainage congestion thereby increasing the severity of the floods. The construction activities should be properly planned so as not to interfere with the natural drainage. There should plan for proper storm water drainage network discharging into Suav and sewage network for transporting the domestic sewage to STP in new upcoming as well as old areas of the city. Solid waste management should also be taken up simultaneously.

iii. In a very flat terrain rivers tend to meander and over time the meander part gets cutoff and form a water body of shallow depth close to the river and acts as Jhils/Tals and are generally marshy in nature. Many such small water bodies (jhils/tals) can be seen just besides/along the course of the river. These water bodies can be very easy prey to the encroachment. With the construction activities pacing up these water bodies /low lying areas may come under encroachment. There is urgent need to regulate the construction activity and encroachment in a sustainable way. iv. In the previous paras, it has been described about the flood issues in Balrampur city, which is primarily due to spilling of River Rapti and its backwater effect leading to congestion. The Suav river as such is not responsible for the floods. However, its importance lies in draining out the flood waters from the low lying areas. It is brought out that the Suav river is ungauged i.e there is no long term high frequency observed data of the river pertaining to discharge, water level and back waters data of river Rapti. Hence most of the data has to be generated using various empirical/Statistical methodologies based on which the flood plane zoning studies (to be more precise no construction zone) has to be carried out. A scientific study needs to be undertaken using the expertise of well-established institutions like one of the IIT. Based on the results of these studies it then may be possible to assess the extent of encroachment made within the municipal limits of Balrampur city and demarcate no construction zone. The Committee accordingly recommends to nominate expert(s) in the Committee to carry out such study to demarcate no construction along the river Suav within the Municipal Limits of Balrampur town and beyond. v. The Irrigation Department is also carrying out re-sectioning, dreding in river Suav to allow it to allow quick drainage of water from its catchment area including Balrampur city during O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 24 monsoon period/floods. It is recommended that regular annual maintenance of the river Suav should be carried out regularly so as to maintain the river regime. vi. It is also recommended to carryout daily Water Quality monitoring of the Suav river by SPCB, UP at various locations especially where sewage/industrial water is being discharged in the river."

25. The Gazette of District Gonda 1906 referred to Suav as River and not as drain and also mentioned Suav to be a river of significance before its confluence with a major river known as Rapti.

26. The Joint Committee constituted by this Tribunal vide order dated 05.09.2022 has concluded in its report dated 18.01.2023 that Suav may be considered as river.

27. In Action Plan prepared by Chief Engineer Saryu Pariyojna-II, Irrigation and Water Resources Department, Gonda for rejuvenation of river Suav filed before this Tribunal by the Chief Engineer (Water Resources), Irrigation and Water Resources Department, Government of U.P. vide letter dated 10.10.2023 (at pages 82 to 97 of the paper book), Suav is admitted to be a river having length of 120 kms with area of its basin being 320.61 square kms and in view of admitted status recommendations were made for taking of remedial action for rejuvenation of river Suav in accordance with letters dated 05.04.2022 issued by Chief Secretary, Government of U.P. and Additional Commissioner, MANREGA Rural Development, U.P. for rejuvenation of tributaries under the above said MANREGA Schemes.

28. In view of this factual position which is now admitted, the Principal Secretary, Irrigation and Water Resources Department, Government of U.P. is directed to rectify the nomenclature of 'Suav' from 'Nala' to 'River' in its record. The District Magistrate, Balrampur is also O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 25 directed to rectify the nomenclature of 'Suav' from 'Nala' to 'River' in the revenue record of the District Balrampur. The Principal Secretary, Irrigation and Water Resources Department, Government of U.P. and the District Magistrate, Balrampur are directed to ensure that these rectifications are made within three months from the date of receipt of a copy of this judgment and to notify the rectification by way of publication in the Official Gazette and also in the local newspapers citing rectification of the name in compliance to the judgment of this Tribunal.

29. River Suav plays an important role in moderation and control of flood caused by River Rapti during monsoon and fills dozens of wetlands, lakes, ponds in its course and thereafter drains directly into River Rapti after covering distance of about 120 Kms. This is an important tributary of Ganga River. In this manner, River Suav plays significant role hydrologically and environmentally and hence, its Conservation, Management and rejuvenation is crucial for the Region.

30. So far as demarcation of flood plain zone of river Suav is concerned, this Tribunal vide its order dated 09.02.2023 nominated the Director or his nominee from the National Institute of Hydrology (NIH), Roorkee, as an expert Member of the Joint Committee as suggested in the Joint Committee Report filed vide email dated 21.01.2023 and directed the Joint Committee to undertake field visit and carry out the task of demarcating the Flood Plain Zone (FPZ) of River Suav, as well as assessing the extent and magnitude of encroachment including identification of houses, religious structures, schools, land, etc. on both the left and right banks of the Suav River within the urban municipal limits of Balrampur city and submit its report by 10.05.2023. O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 26 Report of the Joint Committee constituted vide order dated 05.09.2022 with expert nominated vide order dated 09.02.2023

31. Interim Report dated 16.05.2023 of the Joint Committee was filed vide email dated 17.05.2023 (at pages no.54 to 71 of the paper book). The relevant part of the report is reproduced as under:

"Report of Joint Committee constituted as per NGT Order dated 09.02.2023 in the matter of O.A. NO.

433/2022

X X X X 2.0 Field Visit and meeting of the Joint Committee After receipt of nomination of Dr. Anil Kumar Lohani, Scientist `G' and Head Surface Water Hydrology, NIH, Roorkee, a meeting notice vide letter dated 13.04.2023 (Annexure-I) was issued by the Regional Officer, UPPCB for field visit and meeting of the Joint Committee on 20.04.2023 at Balrampur.

The following members of the Joint Committee were present on 20.04.2023 at Balrampur.

1. Shri Anupam Prasad, Chief Engineer, UGBO, CWC

2. Dr. Anil Kumar Lohani, Scientist `G', NIH, Roorkee

3. Shri Rakesh Kumar, Chief Engineer, Saryu-II, WRD, UP, Gonda

4. Shri Arjun Singh, Scientist SD, RSAC, UP, Lucknow

5.Shri Rajendra Bahadur, SDM, Tehsil- Sadar, Balrampur (representing DM, Balrampur)

6. Shri Chandresh Kumar, Regional Officer, UPPCB, Basti- Co-ordinator.

2nd meeting of the Committee was held on 29.04.2023 at Lucknow in which all the members of the Committee were present except the representative of DM, Balrampur, Dr. Lohani, Scientist `G' joined the meeting through Video Conferencing.

3.0 Important points which emerged from the discussion /Field visit The Joint Committee on 20.04.2023 visited the areas in the vicinity the Suav river and held discussions with officials of Irrigation Department and Balrampur Sugar mills. The gist of the discussions are as follows:

i. As was detailed in the Committee's previous report, the area drained by the Suav river is extremely flat and the flooding in its catchment including Balrampur town is generally due to overflowing of river Rapti from its right O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

bank into the catchment of river Suav. The officials of Balrampur Sugar mills also informed that the Balrampur town including the Sugar mill established during the British Period has been facing recurrent flood during monsoon due to overflowing of river Rapti and drainage congestion in river Suav.

ii. The expert from NIH, Roorkee Dr. Lohani was of the view that since during floods (monsoon period) the whole of the catchment of Suav river is under water primarily due to overflowing of river Rapti from its right bank, running of any mathematical model for determination of the water levels of river suav during different time period in monsoon months for demarcation of flood plain would not serve the desired purpose. He further observed that hydro-meteorological data for the Suav catchment and the quantum of water flowing from river Rapti is not available either with Irrigation Department or CWC.

iii. The Irrigation officials informed that the river Rapti right bank has been embanked but there are many gaps through which the Rapti overflows into Suav catchment. Proposals have been prepared for closing these Gaps by the Irrigation Department.

iv. The Committee after detailed deliberation and taking into account the views of the expert decided that it would not be correct to carry out modelling exercise for flood plain zoning in river Suav based on the flows received from river Rapti combined with rainfall received in Suav catchment, as the situation will drastically change after the Rapti river right bank is fully embanked. The expert Dr. Lohani suggested to carryout the modelling exercise using HEC- RAS model considering runoff generated through Rainfall over the Suav catchment.

v. The following data was requested by Dr. Lohani for carrying out the modelling exercise.

a. Municipal limit map with details b. Drainage map (Sewage) of Balrampur c. X-section of Suav/Gopiyapu at various locations (200 in interval) with lat/long from UP Irrigation d. Embankment details of river Rapti on Right bank in Balrampur district e. Wetland/Jhil/Ponds details in Balrampur municipal limits f. DEM of the area: A DEM, or Digital Elevation Model, is a requirement for flood plain zoning because it provides valuable information about the topography and elevation of the land in the flood-prone area. Using high resolution DEM as an input in hydrodynamic model provides the detailed maps of the floodplain and identify areas that are at high risk of flooding. The data is then processed to create a detailed 3D model of the terrain, which can be used to create accurate floodplain maps. Having accurate floodplain maps is essential for managing flood risk and for O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

making informed decisions about land use in flood-prone areas.

g. Rainfall data of last 50 years/30 years h. Floods of different return periods (25 Yr/50 Yr and 100 Yr) of Suav river i. Master plan of Balrampur city j Water level maximum during last 20-25 years at a particular site k. Land records showing municipal limit along Suav river I. Rainfall data records available with Balrampur factory in.

m. Details of present embankments of Rapti and place/location from where river rapti enters in Suav river n. High resolution DEM of Suav river basin from UPRSAC o. Drainage map of Suav River basin from UPRSAC p. Flood inundation maps of Balrampur for past years. vi. The officials present in the meetings informed that there is practically no hydromet data available for Suav Catchment. Balrampur Sugar mills official agreed to provided last two decades rainfall data. The Irrigation Department official informed that they have recent x-section data of Suav river, which they will share with Dr. Lohani. CWC shall share the rainfall data for stations in and around Suav catchment. The other data like land records within Municapial Limits and Master plan of Balrampur if any can be subsequently shared after the modelling exercise.

vii. Shri Arjun Singh, Scientist, SD, RSAC, UP, Lucknow was requested to provide DEM of the Suav catchment and drainage map of the catchment.

4.0. Flood inundation modelling Report.

i. The flood inundation modelling was carried out by Dr. Lohani, Scientist 'G' and expert in the Joint Committee and a report has been prepared, which is enclosed at Annexure- II. The report was discussed by the Joint Committee. ii. Efforts were made carry out the flood inundation modelling using HECRAS but as has been already mentioned that the area under study is very flat and the DEM developed using 30 m in horizontal and 1 m in vertical resolution CARTOSAT data is too coarse to capture the actual topography, embankments, shallow low lying areas etc. iii.1 in 2 years to 1 in 100 years yearly peaks have been calculated using Middle Ganga Plains Subzone 1(f) of India, since, no observed discharge data for this area is available. iv. The flood inundation map for 1 in 25, 1 in 50 and 1 in 100 years for Suav river has been developed and superimposed on the Survey of India Toposheet. 5.0 Recommendations:

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

i. As has been narrated above the DEM developed for the Suav catchment is too coarse considering the highly flat nature of the area thus a high resolution DEM through LiDAR/Drone survey is essentially required to capture the actual topography of the region for carrying out the flood inundation modelling.

ii. Since LiDAR/Drone based DEM is not available for this region, thus LiDAR based survey of the Suav catchment will have to be carried by engaging professionals. As per rough estimate the cost of survey through LiDAR/Drone and development of DEM would entail an expenditure of Rs 75.00 Iakh for which financial provision has to be made.

iii. Further studies will be carried out in time bound manner after the LiDAR/Drone based DEM and x-sections are available based on which the flood plain zoning will be formulated."

32. This Tribunal considered the report of the Joint Committee on 19.05.2023 and found that the same did not address the issues as directed by this Tribunal and dealt with the matter in an academic manner viz. proposing application of HEC-RAS Model for flood plain zone Modelling which is impractical to operate due to lack of basic data and also its inapplicability to river flowing in the plain area.

33. In order to address the hydrological/ecological issues of River Suav, this Tribunal vide order dated 19.05.2023 constituted a Committee comprising District Magistrate, Balrampur, Chief Engineer, Saryu Pariyojna -II, Gonda, EO Municipal Council, Balrampur (i) to demarcate flood Plain Zone (FPZ) upto 50 meters distance from the edge of River Suav on both right and left side in the Urban Municipal Limits of Balrampur and upto 100 meters minimum or existing natural buffer zone of the River Suav outside the Municipal Limits of Balrampur by 31.07.2023 and (ii) to identify encroachments by construction of houses, religious structures, schools etc. in the 50 meter distance from the edge of river on both the left and right banks of O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 30 River Suav in Urban Municipal Limits of Balrampur city and submit its report by 30.09.2023.

34. This Tribunal observed in order dated 19.05.2023 that Conservation, Management and Rejuvenation is crucial for the Region and that appropriate remedial measures are required to be taken for rejuvenation of river Suav. Accordingly, this Tribunal directed the Irrigation Department to submit an Action Plan for rejuvenation of river Suav on or before 30.09.2023.

35. In compliance of order dated 19.05.2023 report was filed by the Executive Officer, NPP, Balrampur vide letter dated 30.09.2023. In his report Executive Officer, NPP, Balrampur submitted that in compliance to this Tribunal's order dated 19.05.2023, 205 constructions were found on both side of river at 50 meter distance from the edge of the river. These constructions were raised by 196 agriculturist on their private land, 09 constructions were found on government land and 05 construction were found prima facie illegal.

36. Vide order dated 18.10.2023 NMCG was impleaded as respondent no. 6 and the concerned respondents were directed to take further remedial measures for identification of flood plain zone, removal of encroachments in accordance with the law and preparation of detailed action plan with budgetary estimates and timelines for rehabilitation/rejuvenation of River Suav and file further action taken report within three months.

Report dated 19.03.2024 filed by NMCG

37. The National Mission for Clean Ganga (NMCG) vide letter dated 19.03.2024 submitted a report highlighting role of District Ganga Committee (DGC) as under:-

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

" C. Role of DGC:

i.Under Section 55 of the River Ganga (Rejuvenation, Protection, and Management) Authorities Order, 2016 (National Mission for Clean Ganga Authority order, 2016 (Annexure-IV) the functions and power of District Ganga Committees (DGC) for rejuvenation, protection, restoration and rehabilitation of River Ganga and its tributaries in each specified district have been explicitly mentioned which are as follows:

Section 55: Functions and powers of District Ganga Committees:-

(1.) Every District Ganga Committee shall discharge functions and exercise powers for rejuvenation, protection, restoration and rehabilitation of River Ganga and its tributaries in each specified District as laid out in paragraph 6 and 7 as per the principles specified in paragraph 4.

(2.) In particular, and without prejudice to the generality of the provisions of sub paragraph (1) for rejuvenation and protection and restoration or rehabilitation of degraded areas abutting River Ganga and its tributaries and subject to other provisions of this order and rules made thereunder, every District Ganga Committee shall have the following powers and functions in relation to River Ganga and its tributaries abutting in the area in specified District namely:-

a) Identifying activities which may be threats in the area of specified District abutting the River Ganga for protection of River Ganga and its tributaries or its River bed and making a plan for remedial action and take remedial action in respect thereof.

b) Taking remedial action at its own end for protection of River Ganga and its tributaries or its River bed abutting in the specified District (excluding enforcement of the provisions of this order).

c) In the event of its inability to take remedial action, reporting (electronically as well as by sending written communication in hard copy) to the National Mission for Clean Ganga and concerned State Government, the State Ganga Committee as the case may be, for issue of direction for protection of River Gangas and to formulate appropriate management or remedial actions.

d) Taking suitable administrative and other measures, to give effect to the provisions of this order so as to prevent the environmental pollution in the River Ganga and its tributaries, not being inconsistent with the provisions of this order, or any law for the time being in force.

(3.) In case, the District Ganga Committee is of the opinion that any contravention has been made of any other law for the time being in force or in respect of provisions of this order, it shall take appropriate action in accordance with the law for the time being in force.

(4.) The District Ganga Committee shall take all such emergency measures as specified in paragraph 7. (II.) Accordingly, NMCG vide letter dated 12th March, 2024 has requested DGC to initiate/take appropriate action as necessary in the matter under intimation to the NMCG. Letter sent to DGC is annexed as Annexure-V."

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 32 Report dated 23.03.2024 filed by the DFO, Suhelwa, Balrampur and Member Secretary, District Ganga Committee

38. The DFO, Suhelwa, Balrampur and Member Secretary, District Ganga Committee vide letter dated 23.03.2024 submitted a detailed proposal (pages no.205-348 of the paper book) of works with budget/fund to Executive Director, National Mission for Clean Ganga (NMCG) related to rejuvenation of the River Suav. This Tribunal appreciated the efforts made in preparing of detailed report for rejuvenation/restoration of river Suav.

39. Vide order dated 01.04.2024 NMCG was directed to submit its response to the recommendations made in the report filed by the DFO, Suhelwa, Balrampur and Member Secretary, District Ganga Committee. Report dated 04.07.2024 filed by NMCG

40. In compliance of order dated 01.04.2024 NMCG filed report dated 04.07.2024. The relevant part of the report is reproduced below:-

"2. Earlier the Hon'ble NGT, vide order dated 18.10.2023, had directed the concerned departments of the State Government of Uttar Pradesh (UP) to take remedial measures for identification of flood plain zone, removal of encroachments etc. and preparation of detailed action plan with budgetary estimates and timelines for rehabilitation/rejuvenation of River Suav. The Hon'ble NGT vide order dated 18.10.2023 has impleaded Nation Mission of Cleaning Ganga (NMCG) as a one of the parties (respondent no.6) for adjudication of the questions involved in the matter.

3. In terms of the directions passed by this Tribunal, a report had been submitted by the Divisional Forest Officer (DFO), Balrampur (UP) on 28.03.2024 on behalf of the District Ganga Committee, Balrampur. The Hon'ble NGT vide order dated 01.04.2024, directed the NMCG to submit their response to the recommendations made in the report filed by the DFO, Balrampur.

4. That a proposal for an amount of about Rs.270.31 crore (Rupees two hundred Seventy crores) was submitted to the NMCG by the State Government of UP vide letter dated 23.03.2024. The proposal was duly considered/examined for the rejuvenation of Suav River which covers a total of 320.61 square kilometer area in Devipatan mandal, Gonda, Janpad-Balrampur. The rive Suav is having a length of 120 km in Janpad-Balrampur.

5. That the following is submitted:

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

a) A substantial cost of the proposal prepared for rejuvenation of River Suav which joins River Rapti, a Tributary of River Ganga, is kept for land acquisitions for river rejuvenation, for construction of STP/FSTP, channel deepening, etc. the total cost on this account itself is reported Rs. 210 Crs which is about 78% of the estimated cost of the proposal;

b) About the matter of the pollution caused in the river due to the Balrampur and Bajaj Sugar mills (its compliance status etc.), it is required to be looked into by the U.P State Pollution Control Board and District Administration and take as necessary actions to ensure that these Mills take requisite measures to ensure compliance of the environmental norms;

c) The proposal for the construction of STPs/FSTP is eligible for funding under Namami Gange funding provided that Detailed Project Report (DPR) for the same is submitted to the NMCG through UP-SMCG provided further that the land for siting STP is available with the State Govt;

d) The Land acquisition is the first requisite step for Suav river revival which is to be taken up by the State Government of UP from their own resources.

6. That a copy of the letter dated 0-2.07.2024 sent by the NMCG to the Divisional Forest Officer, Wild life Division Balrampur (U.P) in this regard is enclosed as Annexure".

41. The Tribunal in its order dated 10.07.2024, observed that the demarcation of the flood plain zone was the first step besides taking remedial steps for removal of pollution due to discharge of effluents. The Tribunal further observed that an order had been passed on 18.10.2023 but, after almost more than 8 months, nothing concrete had progressed in the matter and it was informed that the Department of Irrigation had sent a letter to the Survey of India to provide maps for the purpose of demarcation of flood plain zones. The Tribunal also observed that this dilly-dallying exercise on the part of the authorities could not be appreciated and showed total negligence and inaction on the part of the concerned respondents for not taking timely action in such a serious matter. Learned counsel appearing for the State made a statement that pursuant to the Tribunal's order dated 19.05.2023, demarcation of the flood plain zone up to 50 meters distance from the edge of River Suav on both right and left sides in the urban municipal limit of Balrampur and up to 100 meters minimum or the existing natural buffer zone of O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 34 River Suav outside of the urban municipal limit of Balrampur had been done. It was also stated that pursuant to the above order, identification of encroachments by construction of houses, religious structures, schools, etc., in the 50-metre distance from the edge of the left and right of River Suav in the urban municipal limit of Balrampur city had also been completed.

42. However, this Tribunal found that the above order was only till a complete demarcation of the flood plain zone as per the required principle of law was made and it did not absolve the respondents from making a complete exercise of identification/demarcation of the flood plain zone in respect of River Suav in the area concerned.

43. This Tribunal noticed that the entire constructions within 50- metre distance from the edge of the River on both left and right banks of River Suav in the urban municipal limit of Balrampur city had not been removed and some encroachments were still continuing. This Tribunal expressed its inability to understand why such leniency had been shown in respect of some encroachments which were still continuing and no effective action had been taken in accordance with law.

44. Vide order dated 10.07.2024 this Tribunal directed filing of responses as to how and in what manner the flood plain zone of River Suav will be demarcated.

Report dated 27.07.2024 filed by Principal Secretary, Irrigation and Water Resources Department

45. The Principal Secretary, Irrigation and Water Resources Department vide letter dated 27.07.2024 (page no.362-367 of the O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 35 paper book) has submitted response highlighting the modus operandi for FPZ demarcation as follows:

"Compliance Response: As observed hydrological data of Suav river is not available and Hon'ble NGT did not agree to methodology proposed in report dated 16-05-2023 by committee formed by Hon'ble NGT, following methodology may be adopted-

a- Levels of the area through LiDAR survey will be used to create DEM (digital elevation model). Survey of India agreed to provide this data in six months after receiving cost, as data has to be collected from aerial LiDAR survey. b- As observed long term hydrological data of Suav river is not available, inundation maps (observed in this area during highest flood of 2022 and other years) received in form of processed satellite images from Remote Sensing Application Centre (RSAC), UP will be used. c- Flood zoning will be done in consultation with officers of CWC, Lucknow, NIH, Roorkee, Survey of India, Lucknow, and RSAC, UP. Irrigation & Water Resources Department, UP will coordinate and provide data (procure if necessary) to concerning agencies.

d- Considering required time to procure and process data for DEM of area, flood zoning of Suav river will be done in 8-10 month."

46. In the course of hearing Survey of India was impleaded as respondent no. 7 vide order dated 13.09.2024. On 06.11.2024 it was stated on behalf of Survey of India that process of demarcation of Flood Plain Zone of River Suav had started in October 2024 and Survey of India shall complete its work within four months i.e., by first week of February 2024. On 13.02.2025, learned counsel for the Survey of India had submitted that a major part of the river's zoning had been done and only a small area was left, which would be completed shortly. However, this Tribunal observed that the Survey of India had not filed its report within the timeline stipulated regarding the Flood Plain Zoning (FPZ) of the Suav River. The Department of Irrigation had also not filed reply regarding the progress of identification and demarcation of the FPZ based on the report already submitted by the Survey of India. This Tribunal observed that in view of the non-demarcation of the FPZ, there O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 36 was every likelihood of further encroachments on one hand and undue delay in the removal of encroachments already made by construction of houses, schools, etc., on the other. Accordingly, this Tribunal was of the view that the Survey of India should submit its final report to the Irrigation Department expeditiously without any further delay, and that the Department of Irrigation should accomplish all tasks related to FPZ and issue a notification in this regard well before the next date of hearing i.e., 15.04.2025. The District Magistrate, Balrampur was directed to get signboards fixed through the concerned department at appropriate places indicating the name of River Suav, its origin and length. This Tribunal also directed the District Magistrate, Balrampur to publish a notice in the local newspaper prohibiting new constructions within a distance of 200 meters in the municipal limit and 500 meters outside the municipal limit from the edge of the Suav River until the FPZ is notified, in order to prevent future encroachments. This Tribunal also directed the District Magistrate, Balrampur, being the Chairman of the District Ganga Committee (DGC) and the District Environment Committee (DEC), to prepare an Action Plan for the rejuvenation of the Suav River by involving the Divisional Forest Officer (DFO), Balrampur, as well as the Departments of Irrigation, Panchayati Raj, Urban Development, and other concerned stakeholders, and to coordinate with the National Mission for Clean Ganga (NMCG) and seek requisite assistance in conformity with their policy and programmes for the rejuvenation of River Suav, which is one of the tributaries of River Ganga. This Tribunal directed the District Magistrate, Balrampur to file Action Taken Report in this regard with all relevant details.

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 37 Reports filed by Survey of India

47. The Survey of India vide letter dated 19.10.2024 submitted a detailed plan and cost estimate for the demarcation of FPZ of Suav River. Further Survey of India vide letter dated 04.11.2024 submitted additional compliance report.

Report filed by the Chief Engineer Saryu Saryu Pariyojna-II, Irrigation and Water Resources Department, Gonda

48. In compliance of order dated 13.02.2025 compliance report was filed by the Chief Engineer Saryu Pariyojna-II, Irrigation and Water Resources Department, Gonda vide email dated 09.04.2025. The relevant part of the report filed by the Chief Engineer, Saryu Pariyojna- II, Irrigation and Water Resources Department, Gonda (pages no. 895- 899 of the paper book) reads as under:-

"Progress regarding flood plain zoning (FPZ) of river Suav for flood return period of 1 in 100 years is as following- 1- LiDAR survey has been done by Survey of India (SoI) and DEM (digital elevation model) & 1 meter contour data of whole area has been provided to the department on 08th April, 2025.

2- As mentioned earlier that hydrological data for river Suav is not available and considering expertise of NIH, Roorkee in this field, IWRD has made required payment to NIH to carry out FPZ for flood return period of 1 in 100 years. DEM, 1 meter contour data, and river cross section data of whole area has been provided to National Institute of Hydrology, Roorkee (NIH) on 08th April, 2025.

3- NIH in their letter No. SWHD/NIH 2025-26 dt. 7th April, 2025 (Annexure-2) mentioned that "it is expected that the draft report will be submitted by end of Jun, 2025 for ground truthing and comments. Final report will be submitted by one month after receiving comments".

4- After draft report in Jun, 2025 from NIH, one month time will be required for ground truthing. After ground truthing in July, 2025, final report from NIH will be submitted by end of the August, 2025 and Notification for FPZ for river Suav for flood return period 100 years can be issued prior to 15th September, 2025.

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 38

Compliance Response:

In notification dated 07-10-2016 issued by Ministry of Water Resources, River Development, and Ganga Rejuvenation, flood plain has been defined in para 3(1) as "flood plain" means such area of River Ganga or its tributaries which comes under water on either side of it due to floods corresponding to its greatest flow or with a flood of frequency once in hundred years. As time required for FPZ of river Suav for flood return period of 1 in 100 years is approximately 4 months away, to ensure compliance of order dated 13-02-2025 issued by Hon'ble NGT, maximum flood criteria as described in abovesaid definition has been adopted.

NIH, Roorkee carried out FPZ according to maximum flood criteria and provided the latitude and longitude of flood plain zone of River Suav via letter No. SWHD/NIH/2024-05 dated 27 March, 2025 (Annexure-3). In this report of NIH, it has been mentioned that "However, it is observed that at several locations there is exchange of flood water from Rapti to Suav river". As per data of CWC gauge site at Balrampur, maximum flood in river Rapti has been observed in year 2022. Considering this fact, the inundation extent has been delineated as boundary of flood plain from satellite data of Balrampur district from 2009 to 2023. During delineation of floodplain, the patches which are connected to Suav river are considered as flood plain of Suav river. On the basis of report provided by NIH, Roorkee with letter dated 27 March, 2025 (Annexure-3), Government of UP (GoUP) has notified flood plain area of river Suav vide office letter number 151/2025-439/2025-27-लसूं0-4-FCN-1832864 dated 08-04-2025 (Annexure-4).

This notification has been issued in compliance of order of Hon'ble NGT and new notification on the basis of hydrological modeling for flood return period of 1 in 100 years will be issued after completion of FPZ exercise by NIH. The inundation extent corresponding to 100 year return period flood (estimated from rainfall and convolution with SUH) using HEC RAS hydraulic model will be carried out. All data and resources required from department has already been provided to NIH.

Pillars for demarcation of FPZ on ground proposed to be constructed after issuance of notification for flood return period of 1 in 100 years."

49. Vide order dated 15.04.2025 the Principal Secretary, Irrigation and Water Resources Department, Uttar Pradesh was directed to file additional response giving complete details regarding determination of flood plain zone of river Suav, identification of encroachments on the same and also remedial measures taken for rejuvenation of river Suav. O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 39 Report dated 07.07.2025 filed by the Principal Secretary-Irrigation & Water Resources Department, U.P.

50. In compliance of order dated 15.04.2025, the Principal Secretary-Irrigation & Water Resources Department, U.P. filed affidavit dated 07.07.2025 (pages no.994-1111 of the paper book) regarding determination of Flood Plain zone (FPZ) of Suav River, identification of encroachment on the same and remedial measures for the rejuvenation of Suav River and relevant part of the same reads as under:-

"4.That in compliance of point-6 of order of Hon'ble Tribunal, National Institute of Hydrology, Roorkee (hereinafter also referred as "NIH, Roorkee") carried out flood plain zone (FPZ) according to maximum flood criteria i.e. year 2022 flood data and provided the latitude and longitude of flood plain zone of River Suav via letter No. SWHD/NIH/2024-25 dated 27.03.2025. A copy of the letter dated 27.03.2025 is annexed herewith as Annexure-I. That In this report of NIH, it has been mentioned that "However, it is observed that at several locations there is an exchange of flood water from Rapti to Suav River".

According to data from the CWC gauge site at Balrampur, the maximum flood in the River Rapti was observed in 2022. Considering this fact, the inundation extent has been delineated as the boundary of the flood plain from satellite data of Balrampur district from 2009 to 2023. That during the delineation of flood floodplain, the patches that are connected to the Suav River are considered as floodplain of the Suav River.

5. That on the basis of the report provided by NIH, Roorkee with letter dated 27.03.2025, Government of UP (GoUP) has notified the flood plain area of river Suav vide office letter no.151/2025-439/2025-27-लस0-4FCN-1832864 dated 08.04.2025. Copy of the office letter dated 08.04.2025 is annexed herewith as Annexure-II.

6. That the above-mentioned notification has been issued in compliance with the order of Hon'ble NGT, and a new notification based on hydrological modelling for the flood return period of 1 in 100 years will be issued after completion of the FPZ exercise by NIH. The inundation extent corresponding to a 100-year return period flood (estimated from rainfall and convolution with SUH) using the HEC RAS hydraulic model will be carried out. That all data and resources required from the department have already been provided to NIH.

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 40

7. That on the basis of maximum flood, data provided by NIH, Roorkee, stone boundary pillars at a distance of 200 meters longitudinally have been fixed in 31 Km. (Km. 89.000 to Km. 120.000) which covers distt. Balrampur Nagar Palika.

8. That as far as the identification of the encroachment on the same and also the remedial measures taken for rejuvenation of river is concerned, as per the notification of Ministry of Water Resources, river development, and Ganga rejuvenation dated 07.10.2016 under Section 6(3), 20, 24, 33 of the Nodal Agency for the same has been mentioned National Mission for clean Ganga. A copy of the notification dated 07.10.2016 is annexed herewith as Annexure-111.

9. That a government order has been issued at the level of the Chief Secretary for the restoration of small and tributary rivers under the MNREGA program by the Government Order No. 29 भा0स0 / 76-2-2022/05 एन0जी/ 2022 िी0सी0 dated 05.04.2022 of Namami Gange and Rural Water Supply Section-2 and it is mentioned in it that the work of restoration and rejuvenation will be done through the District Ganga Committee constituted at the district level. Copy of the order dated 05.004.2022 is annexed herewith as Annexure-IV.

10. That experts have also been appointed for the restoration and rejuvenation of small and tributary rivers under the MNREGA program and other projects by the Government Order No. 365/76-2-2022-05 एन0जी/ 2020 िी0सी0 dated 20.07.2022 of Namami Gange and Rural Water Supply Section-2. A copy of the order dated 20.07.2022 is annexed herewith as Annexure-V.

11. That in the letter issued by the Commissioner Rural Development Department, Uttar Pradesh on 14.06.2023, the details of the rivers rejuvenated by them in the financial years 2020-21 and 2021-22 have been mentioned. A copy of the letter dated 14.06.2023 is annexed herewith as Annexure-VI.

12. That in continuation of the above in reference to the Suav River in Balrampur district, the Additional Chief Secretary, Rural Development Department and Principal Secretary, Namami Gange and Rural Water Supply Department were requested to take action for the restoration and rejuvenation of the Suav river through Order No. 10 NGT / 25-27-स-4-8 (Writ) NGT/2022-सी0 एन0-1832864 dated 26.06.2025 and a copy of it has been sent to the District Magistrate Balrampur. A copy of the order dated 26.06.2025 is annexed herewith as Annexure VII.

13. That in continuation of the order passed in the above- mentioned case on 30.06.2025, a separate letter has also O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 41

been sent directly to the District Magistrate, Balrampur vide letter number-800/25-27-लस-4-8 (Writ) NGT/2022-सी0 एन0- 1832864 of Irrigation and Water Resources Section-4 concerning the revival of the Suav river. A copy of the letter dated 30.06.2025 is annexed herewith as Annexure-VIII.

14. That for the identification of encroachments in the flood plain zone of Suav river a joint committee of Junior Engineer of Irrigation Department, Revenue Staff of Irrigation Department and Revenue Staff of District Balrampur have been formed by Sub Divisional Magistrate, Balrampur Sadar via letter no.176/ngt-suav river/2024-25/ dated 22.05.2025.

15. That it is humbly submitted that the Identification of encroachments work under the supervision of the district administration is under progress as per the communication received from Sub Divisional Magistrate, Utraula via letter no.848/ngt-suav river/2025/ dated 21.5.2025 and Tehsildar Dumariyagani, Distt.-Siddharthnagar via letter no.47/2025- 26/ dated 04.06.2025. A copy of the letter dated 21.05.2025 and 04.06.2025 is annexed herewith as Annexure IX.

16. That for the compliance of point 7 of the order of the Hon'ble Tribunal, removal of encroachments in the flood plain Zone of Suav River is mandate for District. Magistrate Balrampur and Executive Officer, Nagar Palika, Balrampur. Executive Engineer, Saryu Drainage Division-2, Balrampur informed to Executive officer Nagar Palika, Balrampur for the removal of encroachments in the flood plain zone of Suav River via letter no.-576/SDK-2blp/ngt/ dated 02.06.2025. Copy of the letter dated 02.06.2025 is annexed herewith as Annexure-X.

17.That the Irrigation and Water Resources Department is fully committed to ensuring strict compliance with the flood plain zone & its encroachments, and the directions of the Hon'ble Tribunal. Further it is submitted that the continuous monitoring and enforcement drives will be undertaken to determination of flood plain zone of river Suav, identification of encroachments on the same and appropriate remedial measures in Balrampur and across the State."

Additional Affidavit dated 08.07.2025 filed by the District Magistrate, Balrampur

51. In compliance of order dated 15.04.2025, additional affidavit dated 08.07.2025 was filed by and the relevant part of the affidavit dated 08.07.2025 is reproduced below:-

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

"7. DEMARCATION /IDENTIFICATION OF ENCROACHMENTS: As per the report provided by the Revenue Department dated 02.07.2025 and Saryu Drainage Division- 2, Balrampur dated 04.07.2025:

i. That for demarcation of floodplain zones on both banks of the Suav River in District Balrampur, as well as for surveying all existing constructions such as buildings, schools, religious places, and other permanent structures, a joint survey was conducted by the Revenue Department and Saryu Drainage Division-2, Balrampur.

ii. That during the inspection/survey carried out by the Revenue Department and Saryu Drainage Division- 2, Balrampur a total of 9,171 structures were identified by the joint team in the floodplain zone on both sides of the Suawan River: a. 9,007 are residential buildings situated on private or old abadi land.

b. 82 are non-residential structures, out of which 44 are on government land and 38 on private land.

c. 65 are government buildings constructed on government land. d. 17 are religious places, including 6 on government land and 11 on private land.

e. Out of these 9,171 identified constructions, 6,164 were constructed before 2016, and 3,007 after 2016. A copy of report by the Revenue Department and the Saryu Drainage Division 2, Balrampur is annexed herewith and marked as ANNEXURE-4.

8. REJUVENATION OF RIVER SUAV:

River rejuvenation of Suav is being done with help of Rural development, Irrigation, Urban development and Forest departments. As per the report dated 02.07.2025 submitted by the Deputy Commissioner (Labour and Employment), Balrampur: i. Under the MGNREGA Scheme, a total of 49 sites/projects have been selected for the rejuvenation of the Suawan River, which include 28 drains flowing into the Suawan River, 15 ponds located near or merging into the river, and 8 sites for large-scale plantation work.

ii. In District Balrampur, out of the 49 selected works, 25 works are ongoing, and 24 works are proposed. The estimated number of person-days for the selected works is 45,747, out of which 13,749 person-days have been generated till date.

S. Name of No. of No. of No. of Estimated Person-

       No.     Development Selected       On-      Proposed   Person-   Days
               Block       Works          going    Works      Days      Generated
                                          Works

       1.      Balrampur      9           3        6          12,976    2,035

       2.      Shridattganj   18          7        11         10,536    2,478

       3.      Utraula        6           6        -          5,339     1,015

       4.      Gaidasbujurg   16          9        7          16,896    8,233

       Total                  49          25       24         45,747    13,749
 O.A. No. 433/2022          Pateshwari Prasad Singh Vs State of U.P. & Ors.

                               43

A copy of report dated 02.07.2025 is annexed herewith and marked as ANNEXURE-5.

9. That the actions taken by the Deponent are submitted hereinabove for the kind consideration of this Hon'ble Tribunal. Furthermore, it is submitted that the work to ensure the proper disposal of solid and liquid waste and rejuvenation of River Suav is on-going, and the Deponent aims to comply with all the directions issued by this Hon'ble Tribunal in true letter and spirit."

Report dated 08.09.2025 filed by the Chief Engineer, Saryu Pariyojna - II, Irrigation and Water Resource Department, Gonda

52. In compliance of order dated 31.07.2025 the Chief Engineer, Saryu Pariyojna - II, Irrigation and Water Resource Department, Gonda filed compliance report dated 08.09.2025. The relevant part of the report is reproduced as under:-

"COMPLIANCE REPORT BY WAY OF AFFIDAVIT FILED ON BEHALF OF CHIEF ENGINEER SARYU PARIYOJNA-

2, GONDA, IRRIGATION AND WATER RESOURCES DEPARTMENT, UTTAR PRADESH. REGARDING DETERMINATION OF FLOOD PLAIN ZONE OF RIVER SUAV. AND REMEDIAL MEASURES FOR REJUVENATION OF RIVER SUAV, IN COMPLIANCE OF HON'BLE NGT, PB ORDER DATED 31.07.2025 X X X X

4. That in of compliance of point-6 of order of dated 15.04.2025 of Hon'ble Tribunal, National Institute of Hydrology, Roorkee (hereinafter also referred as "NIH. Roorkee") carried out flood plain zone (FPZ) according to maximum flood criteria i.e. year 2022 flood data and provided the latitude and longitude of flood plain zone of River Suav via letter No. SWHD/NIH/2024-25 dated 27.03.2025.

5. That on the basis of the report provided by NIH, Roorkee with letter dated 27.03.2025, Government of UP (GoUP) has notified the flood plain area of river Suav vide office letter no.151/2025-439/2025-27-लस0-4FCN-1832864 dated 08.04.2025.

6. That on the basis of maximum flood, data provided by NIH, Roorkee, stone boundary pillars at a distance of 200 meters longitudinally have been fixed in 31 Km. (Km. 89.000 to Km. 120.000) which covers distt. Balrampur Nagar Palika.

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

7. That for the Determination of flood plain zone on the basis of 1 in 100 year of return period NIH Roorkee had provided the latitude and longitude of flood plain zone of River Suav by letter No.-SWHD/NIH/2024-25/CS-3468 dated 04.09.2025. Copy of letter dated 04.09.2025 is annexed herewith as Annexure-I. on the basis of above data Government of UP (GoUP) has notified the flood plain area of river Suav vide office letter no.1101/25-27-लस०-4-8(ररि) (NGT)/2022 dated 07.09.2025. Copy of the office letter dated 07.09.2025 is annexed berewith as Annexure-11.

8. That as far as the remedial measures taken for rejuvenation of river is concerned, as per the minute of the review meeting on dated 28.06.2025 by Hon'ble Chief Minister of Uttar Pradesh vide latter No.-39/8040/34-सी० लश0-4/2025 dated 30.06.2025, the nodal agency for the same has been mentioned Namami Gange and Gramin Jalapurti Vibhag, Uttar Pradesh. A copy of the notification dated 30.06.202.5 is annexed herewith a Annexure-III.

9. That a government order has been issued at the level of the Chief Secretary for the restoration of small and tributary rivers under the MNREGA program by the Government Order No. 29 भा०स०/76-2-2022/05 एन०जी 2022 िी०सी० dated 05.04.2022 of Namami Gange and Rural Water Supply Section-2 and it is mentioned in it that the work of restoration and rejuvenation will be done through the District Ganga Committee constituted at the district level Copy of the order dated 05.04.2022 is annexed herewith as Annexure-IV.

10. That experts have also been appointed for the restoration and rejuvenation of small and tributary rivers under the MNREGA program and other projects by the Government Order No. 365/76-2-2022-05 एन०वी/ 2020 िी०सी० dated 20.07.2022 of Namani Gange and Rural Water Supply Section-2. A copy of the order dated 20.07.2022 is annexed herewith as Annexure-V.

12. That in continuation of the above in reference to the Suav river in Balrampur district, the Additional Chief Secretary, Rural Development Department and Principal Secretary, Namami Gange and Rural Water Supply Department were requested to take action for the restoration and rejuvenation of the Suav river through Order No. 10 NGT / 25-27-लस-4-8 (Writ) NGT/2022-सी0 एन0-1832864 dated 26.06.2025 and a copy of it has been sent to the District Magistrate Balrampur. A copy of the order dated 26.06.2025 is annexed herewith as Annexure VII.

13. That in continuation of the order passed in the above- mentioned case on 30.06.2025, a separate letter has also O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 45

been sent directly to the District Magistrate, Balrampur vide letter number-800/25-27-लस-4-8 (Writ) NGT/2022-सी०एन०- 1832864 of Irrigation and Water Resources Section-4 concerning the revival of the Suav river. A copy of the letter dated 30.06.2025 is annexed herewith as Annexure-VIII

14. That the Irrigation and Water Resources Department is fully committed to ensuring strict compliance with the flood plain zone of river Suav and its encroachments and the directions of the Hon'ble Tribunal."

53. The Flood Plain Zone (FPZ) of river Suav has been identified and demarcated by the Department of Irrigation and Water Resources, U.P. Government in accordance with para 3(i) of the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016 and direction of the Tribunal on the basis of 1:100 years of return period of floods. Accordingly, Notification No.1101/25-27-स िं.-4-8 (Rit) (NGT)/2022) dated 07.09.2025 to this effect has also been issued by Department of Irrigation and Water Resources. In view of the above facts, the interim orders dated 19.05.2023, and 13.02.2025 of the Tribunal which were subject to demarcation of FPZ are recalled.

54. However, the FPZ identified and demarcated by Department of Irrigation and Water Resources has not addressed the issue related to identification and demarcation of Active Flood Plain (AFP) which is pre- requisite for categorization of Urban Area as (i) Prohibited Flood Zone (PFZ) (ii) Regulated Flood Zone (RFZ) (iii) Warning Zone and Rural Area as (i) Prohibited Flood Zone (PFZ) and (ii) Regulated Flood Zone (RFZ) to ensure prevention and control of encroachments, regulation of construction of buildings, infrastructure or any other activities. Accordingly, the Prohibited Flood Zone (PFZ) will be of high risks, and determined 1 in 5 years floods and shall include, the areas which will be vulnerable to most frequent flooding events and construction of O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 46 buildings and infrastructure will not be permitted in this zone. The Regulated Flood Zone (RFZ) will be of medium risk, and determined 5- 25 years floods and shall include those Zone where constructions /infrastructure activities will be regulated by DGC. The Warning Flood Zone (WFZ) in Urban Area will be of low risk, and determined 25-100 years floods, which will have no restriction for the construction / infrastructure activities. The embankment which is over 100 years old in north of urban areas of Balrampur City need to be taken into account as outer boundary while identification, demarcation and declaration of Active Flood Zone (AFZ).

55. Accordingly, the Principal Secretary, Department of Irrigation and Water Resources, Government of U.P. is directed to ensure identification and demarcation of Active Flood Plain (AFP) in Urban and Rural Areas based on Technical Guidelines on Flood Zoning issued by Central Water Commission (CWC) and Ministry of Jal Shakti (MoJS) in July, 2025 and Ganga Order, 2016 within six months from the date of receipt of a copy of this Judgment.

56. The District Magistrates, Balrampur and Siddharthnagar are directed to ensure that no new constructions/infrastructures is allowed in the already demarcated Flood Plain Zone (FPZ) till the process of identification & demarcation of Active Flood Zone (AFZ) is completed.

57. After completion of identification, demarcation and declaration of Active Flood Zone (AFZ) in both Urban and Rural Areas of Suav River, encroachments over the same may be identified and action may be taken for removal of encroachments by the District Ganga Committees, Balrampur and Siddharthnagar in accordance with the O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 47 provisions of the River Ganga (Rejuvenation, Protection and Management" Authorities Order-2016 (National Mission for Clean Ganga-NMCG)-2016 and due process of law.

58. Accordingly, the District Ganga Committees, Balrampur and Siddharthnagar are directed to issue appropriate directions after completion of identification, demarcation and declaration of Active Flood Zone (AFZ) in both Urban and Rural Areas of Suav River, for removal of encroachments in accordance with the provisions of the River Ganga (Rejuvenation, Protection and Management" Authorities Order-2016 and due process of law.

59. It may be observed here that the land in the catchment of Suav River plays key role in rejuvenation of river by its recharging function. Accordingly, if in the Revenue record the land in the catchment of the Suav River in Rural Areas (excluding 6.5 km stretch of river in urban area), is recorded as water / wet area, then the same should continue to be recorded in the revenue record and to be maintained as water/wet area. In case, any change has been effected regarding the land in the rural catchment area, previously recorded as water / wet area in revenue record, from water / wet area to agricultural land by revenue inspectors or other revenue officials, then cases involving such change of entries may be examined/investigated by District Ganga Committees, Balrampur and Siddharthnagar and any unauthorized change may be rectified and land may be recorded as water/ wet area in the revenue record in accordance with the provisions of the "River Ganga (Rejuvenation, Protection and Management Authorities Order- 2016 (National Mission for Clean Ganga-NMCG)-2016). O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 48

60. Accordingly, the District Ganga Committees, Balrampur and Siddharthnagar are directed to examine the revenue record of Districts Balrampur and Siddharthnagar for ascertaining whether any change has been effected regarding the land in the rural catchment area, previously recorded as water / wet area in revenue record, from water / wet area to agricultural land by revenue inspectors or other revenue officials and if so then direction may be issued for rectification of unauthorized change and such land in question may be again recorded as water/ wet area in the revenue record in accordance with the provisions of "River Ganga (Rejuvenation, Protection and Management Authorities Order-2016 (National Mission for Clean Ganga-NMCG)- 2016.

61. The Protection and Management of Flood Plain Zone (FPZ), is foremost requirements for saving ecology and ecosystem of the Suav River-Sub tributary of River Ganga. The Central Government have taken measures for prevention, control and abatement of Environmental Pollution in River Ganga to ensure continuous adequate flow of water so as to rejuvenate the river Ganga to its natural and pristine condition. The Central Government through the Ministry of Jal Shakti (Department of Water Resources, River Development and Ganga Rejuvenation) issued "River Ganga (Rejuvenation, Protection and Management" Authorities Order-2016 and constituted National Mission for Clean Ganga, 2016 (NMCG), State Ganga Rejuvenation Protection and Management Committee (SMC) chaired by Chief Secretaries of the States and District Ganga Committee (DGC) chaired by the District Collector in the specified District. River Suav merges with River Rapti which is tributary of River Ganga. O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 49

62. Accordingly, the District Ganga Committees, Balrampur and Siddharthnagar are directed to formulate within three months from the date of receipt of a copy of this judgment with Action Plan stipulating activities/programmes/schemes with budgetary provisions, timelines and implementing agencies/departments and implement the same, in addition to activities already planned and executed/under execution, for the protection, rejuvenation, restoration and rehabilitation of Suav River.

63. We are of the considered view that Massive Afforestation Programme with native trees species is required to be launched on both the banks and in the Catchment Area of Suav River by designating concerned Gram Panchayats as working units required to carry out the same. Plantation should be made mandatory in each Panchayat and village women & youths may be involved in the activity. The Panchayat, Revenue & Forest Departments may plan this activity and serve as nodal agencies with main emphasis on community's participation. Plantation so carried out may be geotagged and may be named as "Bal Van" in Schools, "Yuva Van" in Colleges and Universities and on Common Property Resources (CPRs) in the Panchayats / Urban Areas.

64. The setting up of Biodiversity Parks in Flood Plain zone (FPZ) is an important component of river rejuvenation. Therefore, we consider it essential that Biodiversity Parks are developed on vacant/ abandoned/degraded Government land in the Catchment Area of river Suav for the protection of river from erosion, siltation, encroachments and for meeting fuel, fodder & minor timber requirements of the local people and ensuring long term environmental services in the Region. O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 50

65. The Divisional Forest Officers of the District Balrampur and Siddharthnagar are directed to take requisite action in consultation with concerned District Ganga Committees for Massive Afforestation Programme and Development of Bio-diversity Parks on vacant/ abandoned/degraded Government land in the Catchment Area of River Suav within six months from the date of receipt of a copy of this Judgment.

66. The Catchment Area of River Suav, which is directly draining and highly degraded, needs to be identified and treated jointly by Irrigation & Water Resources and Agriculture Departments by engineering (weirs construction, gully plugs, nala bunds check dams continuous contour trenches (CCT), gabions, loose boulders etc.), biological and ecological measures (nurseries development, intensive afforestation, pasture development and management, degraded abandoned land rehabilitation, improvement of farming practices etc.) and for prevention of erosion, sedimentation and maintain water quality, ecology and ecosystem of River Suav.

67. Irrigation and Water Resources Department, Government of U.P. is directed to formulate and implement, in association and coordination with the Agriculture, Forest, Rural Development and Panchayati Raj Departments, Government of U.P., an action plan within three months from the date of receipt of a copy of this Judgment for Catchment Area Treatment (CAT) works through convergence of various existing Central and State Schemes/Programmes with specific timelines and budgetary provisions. The Irrigation and Water Resources Department is also directed to act as Nodal Agency for requisite coordination and compliance with other departments mentioned above.

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 51

68. We are also of the considered view that industries such as Balrampur Chini Mill (BCM) and Bajaj Mill located in Suav River Basin can play a positive role in rejuvenation of River Suav by investing/allocating part of their funds earmarked for Environmental Social Responsibility (ESR)/Corporate Social Responsibility (CSR) to the District Ganga Committees, Balrampur and Siddharthnagar for Biodiversity Park Development, Afforestation, Soil Conservation, pasture development and management, landscape improvements in the Basin of Suav River through agencies to be decided by the District Ganga Committees, Balrampur and Siddharthnagar. The District Ganga Committees, Balrampur and Siddharthnagar may open a special accounts in the respective collectorate for this purpose and evolve modus operandi of managing such funds and expenditure from the same by due deliberations in the meetings of the District Ganga Committees, Balrampur and Siddharthnagar.

69. The District Magistrates, Balrampur and Siddharthnagar are directed to issue appropriate directions within three months from the date of receipt of copy of this Judgment to industries such as Balrampur Chini Mill (BCM) and Bajaj Mill located in Suav River Basin to investing/allocating part of their funds earmarked for Environmental Social Responsibility (ESR)/Corporate Social Responsibility (CSR) to the District Ganga Committees, Balrampur and the District Ganga Committees, Siddharthnagar for Biodiversity Park Development, Afforestation, Soil Conservation, pasture development and management, landscape improvements in the Basin of Suav River by making funds available to the District Ganga Committees, Balrampur and Siddharthnagar for implementation of the same. O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 52

70. The degraded ecosystems of Suav River is more prone to flooding during heavy monsoon causing disastrous repercussions for both population and riverine ecology. The siltation and dumping of wastes have affected natural flow of water and also channel morphology negatively. The immediate intervention is required for the enhancement of channel morphology and water retaining capacity of Suav.

71. Accordingly, Namami Gange and Rural Water Supply Department and Irrigation Department are directed to undertake jointly with due approval/NoC of District Ganga Committees, Balrampur and Siddharthnagar the desiltation works wherever feasible technically / hydrologically in River Suav for removal of silt, debris, solid wastes etc. from the bottom and banks of river to maintain deeper river channels, control monsoon flooding and improve water flow throughout the year without any obstruction, thereby ensuring resilience and productivity of riverine ecosystems. The works required may be allotted/executed before 2026 monsoon.

72. The Suav River from its origin at the border of Shravasti and Balrampur districts travels 120 kms and meets a major river known as Rapti-tributary of Ganga on the border of Siddharthnagar and Balrampur districts. River Suav flows with meandering and feeding/ recharging on its way over 60 wetlands/lakes/ponds especially during monsoon. This natural hydrological system plays crucial role in managing excess water from Rapti River during flood and helps in storing water for irrigation during dry season and also provides enormous environmental services to the inhabitants in the basin. O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 53

73. Namami Gange and Rural Water Supply Department and District Ganga Committees, Balrampur and Siddharthnagar are directed to identify and demarcate all wetlands/lakes/ponds fed/recharged by Suav River including the wetlands/lakes/ponds located in the catchment area which were disconnected due to various factors natural or manmade and to take remedial measures to connect the same with River Suav and make the activities regarding the same part and parcel of rejuvenation and rehabilitation programmes for preserving cultural, recreational and ecological integrity of Suav River. All these wetlands/lakes/ponds may be geo-tagged and assigned UID number and information regarding the same may be placed on the Website of District Administration of Balrampur and Siddharthnagar for proper monitoring of their status. The participation of all stakeholders from the public and private sectors including Scientists, Academics, Policy Makers, Practioners, NGOs/voluntary agencies, Schools, Colleges, University as well as by citizens groups may be ensured. The necessary works may be executed/completed within one year from the date of receipt of a copy of this judgment.

74. The National Mission for Clean Ganga (NMCG) is mandated with important mission for the protection, rejuvenation, restoration and rehabilitation of river Ganga and its tributaries in the Ganga River Basin States/UTs. Keeping in view the status of the pollution of Suav river and its ecological degradation, there is an urgent need of coordination between State Ganga Committee (SGC), District Ganga Committee (DGC), Irrigation and Urban Development Department of Government of U.P. with NMCG so that the proposal by State submitted to the NMCG is examined timely and approval is granted, if the same conforms to the mandate/guidelines of NMCG. O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 54

75. The Chief Secretary, Government of U.P. being Chairperson of State Ganga Committee is directed to take appropriate measures for ensuring proper coordination and cooperation for timely submissions of proposals for financial support to NMCG and prompt implementation and execution of the same on approval with proper utilization of funds allocated.

76. The NMCG is directed to examine the proposal related to STPs and Suav River rejuvenation on submition by U.P. Government and convey its decision following due process of its rules, mandate and regulations within three months from the date of receipt of a copy of this judgment to ensure timely implementation of various programmes/ activities as planned for the protection and rejuvenation of Suav River by U.P. Government.

77. The Department of Urban Development, Government of U.P. and District Ganga Committees, Balrampur and Siddharthnagar may nominate their nodal officers for coordination with the NMCG regarding project proposals related to STPs and Suav River rejuvenation already submitted to NMCG.

78. The Department of Urban Development, Government of U.P. is directed to make budgetary allocations to Nagar Palika Parishad, Balrampur and Siddharthnagar from funds already available with the State Government for management and disposal of Municipal Solid Waste in Districts Balrampur and Siddharthnagar in terms of Para- 30 & 72(iv) of order dated 23.03.2023 passed in O.A. No.606/2018 titled Compliance of Municipal Solid Waste Management Rules, 2016 in respect of State of U.P. by this Tribunal. O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 55

79. The District Ganga Committees, Balrampur and Siddharthnagar should decide the Agencies for the operation and Maintenance (O&M) of pipelines, sewage pumping stations (SPS), and other engineering structures related to the Sewage Treatment to ensure its uninterrupted operation and management. The District Ganga Committees, Balrampur and Siddharthnagar may also evolve Scheme and put it in place for the geo-tagging of outfalls and its marking on GIS based map with unique code. The District Ganga Committees, Balrampur and Siddharthnagar need to ensure that Public Toilets and Urinal (ward wise) are constructed and maintained by Nagar Palika Parishad /U.P. Jal Nigam or other agency through outsourcing to maintain supply of clean drinking water and proper sanitation and hygiene. The District Ganga Committees, Balrampur and Siddharthnagar to ensure that outfalls are tapped (both major and minor pipelines) leading to river/nala/lakes/ponds/open areas. It also need to be ensured that all household connections is linked to branch sewers, all branch sewers is connected to main /trunk sewer and main/trunk sewer line is conveying sewage to STP.

80. The District Ganga Committees, Balrampur and Siddharthnagar should play pivotal role in ensuring implementation of scheme for the use of treated sewage water in irrigation, park/garden, construction activities, road construction other purposes etc. jointly by Nagar Palika Parishad (NPP), Departments of Irrigation, Agriculture, Horticulture, Rural Development and Panchayati Raj, Urban Development and Revenue both in Balrampur and Siddharthnagar to minimize extraction /withdrawal of ground water.

81. The District Ganga Committees, Balrampur and Siddharthnagar have also to ensure that Mass Awareness Programme O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 56 are launched with active participation by religious leaders, scholars, priests, sages in the basin area of Suav River for disseminating information during discourses in Temples, Mosques, Gurudwaras, Churchs or outside in religious functions about social, cultural, historical, ecological and religious significance of River 'Suav' and duty/responsibilities of citizens towards its Protection and Rejuvenation.

82. Community Radio Stations (CRSs) oriented for creating awareness about Protection and Rejuvenation of River Suav need to be established at Balrampur and Siddharthnagar District Head Quarters. The coverage of the programme could be named as "SAVE SUAV". The programme may cover/highlight religious, social, cultural and environmental significance of the Suav River and role of common people in saving Suav River from pollution.

83. The District Magistrates, Balrampur and Siddharthnagar are directed to personally look into and take appropriate action through concerned Department of the State Government in coordination with the Union Ministry of Information & Broadcasting for establishing Community Radio Stations in Districts Balrampur and Siddharthnagar.

84. We are also of the considered view that the monitoring of the activities/programmes under implementation is required to be carried out by a Committee at the State Level and therefore, we constitute a Committee under ACS/PS Namami Gange and Rural Water Supply Department, U.P. ACS/PS, Environment Forest and Climate Change, U.P., Officer in charge, Regional Office of MoEF&CC at Lucknow, Chief Engineer, Central Water Commission, Lucknow, Secretaries to the O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 57 Departments of Irrigation, Agriculture, Rural Development & Panchayat Raj and Conservator of Forest (Gonda) as its Members. The Conservator of Forest (Gonda) will act as Member Secretary. The District Ganga Committees, Balrampur and Siddharthnagar are directed to submit six monthly report of rejuvenation /restoration/rehabilitation activities implemented in the Suav River Basin to the Committee for the review and assessment of the success of implementation of programmes and communicating findings to District Ganga Committees, Balrampur and Siddharthnagar for corrective measures, if any required. The Committee is also directed to evolve its modus operandi to review the implementation of progress which could be through convening meetings and undertaking field visits for assessing ground reality.

85. Accordingly, the ACS/PS, Department of Namami Gange and Rural Water Supply Department is directed to ensure issuance of notification for constitution of above said Committee with terms of reference in this regard within three months from the date of receipt of a copy of this judgment.

86. The length of the Suav River is about 120 km from its origin and the Suav River covers about 320.61 square kilometers drainage area and therefore participation of residents of the villages in the basin of Suav River in implementation of activities/programmes and monitoring of the same at village level is prerequisite for the success and sustainability of the programmes. The Chairman, District Ganga Committees, Balrampur and Siddharthnagar are directed to constitute Village Level Committees in required numbers in respect of villages falling in catchment area of river Suav. The Village Level Committees will be chaired by Pradhan Gram Panchayat and comprise of four O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 58 representatives of the villagers two women and two men and Gram Sachiv (Gram Panchayat Secretary) will act as Member Secretary of the Village Level Committees of the villages falling in catchment are of river Suav and maintain proceedings of the meetings.

87. Accordingly, the Chief Development Officer, Balrampur and Siddharthnagar respectively are directed to issue notifications constituting Village Level Committees with terms of reference with approval of the District Magistrates, Balrampur and Siddharthnagar respectively within three months from the date of receipt of a copy of this judgment.

88. Uttar Pradesh Pollution Control Board is directed to ensure regular monitoring of water quality of Suav River, treated sewage discharged from STPs and sewage/effluents discharged from industries such as Balrampur Chini Mill and Bajaj Sugar Mill by taking samples periodically and getting the same analyzed and to take appropriate remedial action in case of any environmental violations.

89. The Kali Bein Rivulet, which originates from district Hoshiarpur, travels through historic town Sultanpur Lodi of district Kapurthala in Punjab and flows into the confluence of Beas and Satluj Rivers at Harike, was highly polluted and ecologically degraded. The above said Rivulet has now been rejuvenated to its almost natural riverine ecology and ecosystem through KAR SEVA (Selfless Voluntary Service) under guidance and leadership of Sant Balbir Singh Seechewal. The rejuvenation of Kali Bein Rivulet now known as Seechewal model needs to be replicated for Rejuvenation of River Suav. O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 59

(v) Whether remedial measures are required to be taken for prevention & control of pollution in River Suav by mandating requisite treatment of discharge of effluents from industries, municipal sewage and other liquid waste and management of municipal solid waste.

90. In the present case, the applicant raised the grievances that two other drains are being filled in to construct a Sewage Treatment Plant and a Community Hall which poses a serious threat to the environment and is a grave risk to the lives of the residents of Balrampur, especially those living in Bhagwatiganj.

91. The report of the Joint Committee constituted by this Tribunal stated that the STP and Community Centre are being constructed near various revenue plots in Village Vishunapur, some of which are recorded as water bodies, including plots no. 599, 657, 659, etc. However, none of the plots were recorded as a river in the official revenue records. Plot no. 2371 mi (0.6400 hectares), recorded as "Navin Parti" (new fallow land), was identified as the site of the under-construction STP.

92. The report confirmed that the STP (capacity 8.5 MLD) and the Community Centre (Sadbhavana Mandal) for the Municipality of Balrampur are being constructed on the left bank of the Gopiyapur Drain at chainage km 18.200 (coordinates: Lat 27°25'48", Long 82°10′02″). At this location, the drain's design discharge is 450 cusecs, with a bed width of 20 meters. A field measurement near the STP site recorded a bed width of 22.30 meters. Since the site is classified as a drain, and not a river, no Flood Plain Zoning has been demarcated as per department records. As per the report, out of plot no. 2371 mi (0.6400 ha), an area of approximately 0.4881 hectares (average size O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 60 31×157 sq. m) was being used for the STP construction by the Executive Engineer, UP Jal Nigam, as marked by the Sub-Divisional Magistrate, Sadar, Balrampur. Additionally, approximately 0.112 hectares (average size 32×35 sq. m) was being used for the construction of the Community Centre by UPCDLF for the Municipality of Balrampur.

93. The Joint Committee observed that on the date of inspection i.e. 17.08.2022, construction activity at the site was halted. Officials present at the site, including Shri Md. Jiaul Haque (Executive Engineer) and Shri Utkarsh Srivastava (Assistant Engineer), informed the Committee that construction work had been stopped in compliance with the directions of this Tribunal. Approximately 40% of the STP construction had already been completed by that time (photographic evidence annexed as Annexure-2).

94. The report also noted that the Consent to Establish (CTE) for the STP had not been obtained from the State Pollution Control Board or other relevant departments. Additionally, a borewell was found at the site for which No Objection Certificate (NOC) had been obtained from the Ground Water Department. However, the Executive Engineer of UP Jal Nigam informed the Committee that applications for obtaining NOCs from the Pollution Control Board and the Ground Water Department had been submitted.

95. Vide order dated 05.09.2022, this Tribunal directed UPPCB and the State Ground Water Department, Government of Uttar Pradesh to take further action in view of the findings contained in the report of the Joint committee by following due process of law and submit Action Taken Report specifically addressing CTE/CTO/NOC issues concerning STP and borewell within one month.

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 61 Report dated 13.10.2022 filed by the Chief Environment Officer, UPPCB

96. In compliance thereof Mr. R.K. Singh, Chief Environment Officer, UPPCB sent letter dated 13.10.2022 by email on 13.10.2022 enclosing therewith copies of CTE dated 08.09.2022 granted by UPPCB for establishment of STP and NOC dated 06.10.2022 given by Ground Water Department, Uttar Pradesh for abstraction of ground water.

97. This Tribunal considered the CTE granted by UPPCB and NOC given by Ground Water Department, Uttar Pradesh on 17.10.2023 and observed in its order dated 17.10.2023 that the land on which STP and Community Centre were under construction had the necessary CTE/NOC from the concerned departments i.e. State PCB and Ground Water, Department, Uttar Pradesh and the construction of STP and Community Centre could be taken up as planned in conformity with conditions imposed by the UPPCB and Ground Water Department, Uttar Pradesh.

98. This Tribunal also observed in its order dated 17.10.2022 that the STP was one of the important measures for the control of water pollution associated with the sewage generated from the cities / towns. The STP was also a measure to secure compliance of Solid Waste Management Rules, 2016. The STP consisted of two major components

(i) infrastructure at terminal point where treatment of sewage would be carried out finally and (ii) conveyance networks/pipelines or delivery systems for carrying raw sewage to the STP for treatment and that UPPCB needs to examine the question as to requirement of its O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 62 consent as per environmental norms with regard to conveyance System/pipeline networks carrying sewage to the STP.

99. Since no report was filed by UPPCB in this regard, this Tribunal, vide order dated 19.12.2022, directed UPPCB to examine the question as to requirement of its consent as per environmental norms with regard to conveyance system/pipeline network carrying sewage to the STP and to take appropriate action for ensuring that the work of constructing conveyance system/laying down pipeline network carrying sewage system to the STP is commenced in compliance with the environmental norms and to file Action Taken Report within one month. Report dated 21.01.2023 filed by UPPCB

100. Regarding Consent requirement for Conveyance System/Pipeline Network UPPCB has in its letter dated 21.01.2023 submitted as under:

"For the requirement of its consent as per the environmental norms with regard to conveyance system/pipeline network carrying sewage to the STP, it is submitted that in section 25(1)(a) of The Water (Prevention and Control of Pollution) Act, 1974 stated that ".......establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage); or..... Copy of the concerned page of Section 25(1)(a) of The Water (Prevention and Control of Pollution) Act, 1974 is enclosed herewith and marked as Annexure No. 2."

101. This Tribunal considered the report on 09.02.2023 and referred to the relevant part of section 25 of The Water (Prevention and Control of Pollution) Act, 1974, which imposes restrictions on new outlets and new discharges. The relevant part thereof is reproduced as under:-

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

"25. Restrictions on new outlets and new discharges.(1) Subject to the provisions of this section, no person shall, without the previous consent of the State Board,-- (a) establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage); or

(b) bring into use any new or altered outlet for the discharge of sewage; or I begin to make any new discharge of sewage.

X X X"

102. This Tribunal observed in its order dated 09.02.2023 that Consent to Establish (CTE) from UPPCB for Conveyance System/Pipeline Network for sewage was mandatory. Since the same had not been taken by the implementing agency-UP Jal Nigam, this Tribunal directed UPPCB and the District Magistrate, Balrampur to ensure that laying of Conveyance System/Pipeline Network was not undertaken without CTE from the UPPCB.

Report dated 16.05.2023 filed by UPPCB

103. UPPCB vide letter dated 16.05.2023 has submitted that UP Jal Nigam applied for CTE for laying/construction of the conveyance system/pipeline network of sewage in Balrampur and on 11.05.2023, a conditional CTE has been granted.

104. This Tribunal observed in order dated 19.05.2023 that this Tribunal had passed comprehensive order dated 23.03.2023 in the matter of compliance of Municipal Solid Waste Management Rules, 2016 concerning U.P. in O.A. no. 606/2018, wherein directions have been issued with regard to establishment and operation of STPs and the relevant part is reproduced as under:-

"A. Pipelines Networks & Related Engineering Structures:

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

1. Estimation of quantity of Sewage generation (present and at the end of design period).

2. Topographical Survey of the area for which Sewage System is being designed (Contour, L-Section and cross section of Nallah/Drain to be intercepted).

3. Details of out falls to be Tapped (both major and minor Pipelines) leading to River /Nala/ Lakes/Ponds/Open Areas.

• All Household connections to be made to branch Sewers • All Branch Sewers should be connected to main/ trunk Sewer-

• Main/trunk Sewer line conveying Sewage to STP.-

4.Sewage Network:

• Length, (Kilometers) • Pipelines, (diameter), both major and minor (millimeter), • Total number of Wards to be covered.

20. Details of Sewage Pumping Station:

• Number of Pumping Stations, if required • Capacity (MLD) • Power/Electricity requirements for pumping sewage through electric supply or DG Sets

6. Scheme for Geo-tagging of outfalls and its marking on GIS based Map with Unique Code.

7. Details of Public Toilets and Urinal (Ward Wise) to be constructed and maintained by Municipal Corporation/Council/ PHE/ Jal Nigam/ other agency / through outsourcing

8. Details of Operation and Maintenance (O&M) of Pipelines, Pumping Stations and other Engineering structures being developed for transportation of Sewage to STP for Final Treatment

9. Budget provisions for implementation of various activities as listed under point No. 1-9.

B. Treatment of Sewage at STP:

1. Details of Biological and Engineering Measures for the Sewage Treatment.

2. Scheme for the use of Treated Water in Irrigation, Park/Garden, construction activities, other purposes etc."

105. Accordingly, vide order dated 19.05.2023, this Tribunal directed that the directions mentioned-above were required to be complied with for the long-term sustainability of the STP, and accordingly, the U.P. Jal Nigam was directed to comply with the said directions and submit a status report on or before 30.09.2023.

106. The Tribunal in its order dated 13.09.2024, observed that with regard to construction of STP, the stand by Principal Secretary, Urban Development was that it had issued a letter for release of fund to O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

Minority Department and further work would be completed fully when funds were received. The Tribunal further observed that this stand was totally untenable inasmuch as entire responsibility was that of the State and the State could not take a defence that it was awaiting funds to be released by a particular Department or Organization. Accordingly, the Tribunal directed the Principal Secretary, Urban Development to proceed to get the work completed as per timeline and in any case within three months and to submit a compliance report. Affidavit dated 18.12.2024 filed by Joint Secretary, Urban Development Department, State of Uttar Pradesh

107. Affidavit dated 18.12.2024 was filed by Joint Secretary, Urban Development Department, State of Uttar Pradesh mentioning about administrative and financial approvals granted/ being under process for works in Balrampur and references made to the Director, Minority Welfare and Waqf Department, Directorate of Minority Welfare, Uttar Pradesh, Lucknow for release of funds.

108. This Tribunal noticed on 19.12.2024 that balance amount has not been released by the Director, Minority Welfare and Waqf Department, Directorate of Minority Welfare, Uttar Pradesh, Lucknow. Vide order dated 19.12.2024 this Tribunal impleaded Additional Chief Secretary, Minority Welfare and Waqf Department, Government of Uttar Pradesh, Principal Secretary, Urban Development, Government of Uttar Pradesh and Nagar Palika Parishad, Balrampur through its Executive Officer, as respondents no. 8 to 10 and ordered issuance of notice to them for filing of their responses.

Reply dated 09.02.2025 filed by the Additional Chief Secretary, Ministry of Welfare and Waqf Department, U.P. O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 66

109. The Additional Chief Secretary, Ministry of Welfare and Waqf Department, U.P. has submitted reply vide letter dated 09.02.2025 as follows:-

"2. That pursuant to the affidavit submitted by the Urban Development Department in OA No.433/2022 The Hon'ble Tribunal vide its order dated 19.12.2024 observed that the remaining funds required for the completion of the sewerage system and STP construction has not been released by the Director, Minority Welfare and Waqf Department, Directorate of Minority Welfare, Uttar Pradesh Lucknow. The Tribunal noted the significance of timely fund release for ensuring successful completion and directed the Minority Welfare Department to file a comprehensive response on the current status and steps taken for compliance. Copy of Letter No. NGT- 224/N-5-2024-18 Writ/2024 dated 14.08.2024, wherein the Urban Development Department formally requested the Director, Minority Welfare Department, to expedite the release of funds, is annexed herein as Annexure-1.

3. It is respectfully submitted that the project for the construction of the STP in Balrampur was initially approved during a District Level Committee meeting convened on 06.12.2018, as part of the PMJVK. The meeting involved a through assessment of project feasibility, community benefits, and alignment with national development goals. Copy of the District Level Committee meeting minutes dated 06.12.2018 is annexed herein as Annexure-2.

4. That the project subsequently received approval from the State Level Committee chaired by the Chief Secretary, Government of Uttar Pradesh, in its meeting held on 09.01.2019 is annexed herein as Annexure-3.

5. It is further respectfully submitted that the Empowered Committee of the Ministry of Minority Affairs, Government of India, reviewed and sanctioned the project in its meeting held on 18.01.2019 and 31.01.2019. These approvals reflected the Government's commitment to infrastructure development in minority dominated areas. Copy of the empowered Committee approval is annexed herein as Annexure-4.

6. That the project, involving a total approved cost of Rs.12,376.32 lakh, was sanctioned with equal contributions of Rs.6,188.16 lakh each from the State and Central Governments. A detailed table of project components is reproduced below:

Sr. District Project Percentage Unit Units Total Central State No (Central/State s Cost Cost of Share Share . s) (Rs. In Rs. In (Rs. In (Rs. In lakh) lakh lakh) lakh)

1. Balramp Sewage 50:50 7 499.3 3495.45 1747.7 1747.7 ur Treatme 5 3 3 nt Plan (7 Parts) O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

2. Balramp Sewage 50:50 19 369.7 7024.87 3512.4 3512.4 ur Treatme 3 4 4 nt Plan(19 Parts)

3. Balramp Sewage 50:50 5 371.2 1856.00 928.00 928.00 ur Treatme 0 nt Plan (5 Parts) Total 12376.3 6188.1 6188.1 2 6 6 (7) It is humbly submitted that the first installment of the Central share amounting to Rs.3,094.08 lakh was released on 15.02.2019 by the Ministry of Minority Affairs, Government of India. This initial release facilitated the commencement of project activities and laid the foundation for subsequent development. Copy of the release order for the first installment is annexed herein as Annexure-5.

(8) That State Government by Government Order No.43/19/1038/52-1-2019-13(PMJVK)/19 dated 19.09.2019 released 1st installment of Rs. 3094.08 Lakhs. The copy of the order is annexed herein as Annexure-6.

(9) That Government order no.68/2023/1051/52-1-23-13 date 27.11.2023 released 50% of the 2nd installment of Rs. 1547.04 lakh, in anticipation of the release of the central share. Copy of the order is annexed herein as Annexure-7. The detailed table of releases made against the project is reproduce below:-

Sr. District Project Name TotalCost (Rs. In Release till date No. lakh) Central State Total Share (Rs. Share In lakh) (Rs.In lakh)

1. Balrampur Sewage 12376.32 3094.08 4641.12 7735.20 Treatment Plant (10) The Directorate vide letter no.2274 dated 03.08.2023 and State Govt. Letter No.873 dated 10.08.2023, forwarded a Utilization Certificate for Rs.4,641.12 lakh to the Ministry of Minority Affairs, Government of India, representing 75% of the allotted 1st installment of Central and State share amounting to Rs. 6188.16 Lakhs, Copy of letter no.2274 dated 03.08.2023 and letter no.873 dated 10.08.2023, forwarding the utilization certificate, is annexed herein as Annexure-8&9.

(11) That the implementing agency vide letter no.204/M.W.D/PMJVK/2024-25 date 26.06.2024 submitted the utilization certificate representing 100% of the till date released amount of Rs.7735.20 Lakhs along with quality inspection report conducted by Department of civil engineering Indian Institute of Technology, Kanpur. Annexure-10(A).

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 68 (12) That the inspecting authority pointed out that there are signs of plastering on columns and tank walls, probably due to poor form work used and lack of sufficient vibrations during concrete work....... "locations of repair works, perhaps due to poor form work. These locations may be further probed and rectified." The inspecting authority made 12 other observations to be noted for further and future works for improvement in quality. Details report is annexed as Annexure-10(B0.

(13) That the directorate vide letters no.1757 dated 18.07.2024, letter No.3215 dated 21.10.2024, letter No.4124 dated 31.12.2024, letter No.3970 dated 17.12.2024, letter No.4124 dated 03.02.2025 instructed the implementing agency to rectify the mistakes/shortcomings observed in the report of inspecting authority and re-submit the utilization certificate and compliance after due verification and satisfactory report from the same inspecting authority Annexure 11 to 17.

(14) That the said compliance report is still awaited from the implementing agency.

(15) It is respectfully submitted that despite continuous efforts, the release of balance Central share amounting Rs.3094.08 Lakhs from the Ministry of Minority Affairs, Govt. of India, remains awaited. Multiple request letters have been sent to Ministry of Minority Affairs, Govt. of India. A. Letter No.1004/52-1-2023-13 (MSDP)/17 TC dated 14.09.2023 Annexure 18 B. Letter No. 1066/52-1-2023 dated 07.10.2023 Annexure 19 C. Letter No. 41/52-1-2024 dated 10.01.2024 Annexure 20 D. Letter No. 208/52-1-2024 dated 16.02.2024Annexure 21 E. Letter No. 1058/52-1-2024 dated 05.11.2024Annexure 22 (16) It is further respectfully submitted that in light of order dated 19.12.2024 passed by the Hon'ble Tribunal, Rs.300.00 lakhhas been released to the implementing agency vide G.O. 01/2025/64/52-1-2025-13(PMJVK)/2019 Date. 06.02.2025 against the aforesaid project of STP Balrampur. "

17. That it is, therefore, most humbly prayed that the Hon'ble Tribunal may graciously take the present reply on record and it is further submitted that the Department of Minority Welfare& Waqf, Uttar Pradesh Lucknow will release as per guidelines of the scheme, the remaining amount against the project on receiving Utilization Certificate from the implementing agency against released amount till date and pending Central Share of Rs. 3094.08 Lakhs from the Ministry of Minority Affairs, Govt. of India."

110. Affidavit dated 11.02.2025 was filed by Joint Secretary, Urban Development Department, Government of U.P. Affidavit dated 12.02.2025 filed by the Executive Officer, Nagar Palika Parishad, Balrampur O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 69

111. The Executive Officer, Nagar Palika Parishad, Balrampur vide affidavit dated 12.02.2025 (page no.876-877 of the paper book) submitted progress report related to waste management in compliance of this Tribunal's order dated 19.12.2024. The relevant part of the progress report is reproduced below:-

"4. That the progress report is as below:-

i. A temporary Materials Recovery Facility (M.R.F.) Centre of 5 ton capacity has been constructed and has been made functional manually. Dry and Wet Waste is collected from all the wards of Nagar Palika after segregating them and they are disposed of at the abovementioned facility. Dry waste is collected by the waste pickers of Nagar Palika which results in disposal of the waste in significant quantity.

ii. Money has been allocated by the State for construction of one more M.R.F. Centre against which tender procedure has been done and the work, is underway. The tentative date of completing the work is February 2025.

iii. A total of 32 Metric Tonnes of waste is generated in Nagar Palika Parsihad, Balrampur in which about 14.4 Metric Tonnes waste is wet waste. For the disposal of said wet waste, Director State Mission, State Mission Directorate, U.P. has disbursed an amount of Rs. 39.88 Lakhs each for construction of 3 Pit Composting Plant. The status of construction of said 3 pit composting plants is as follows:

a. Construction of Pit Composting plant at ward no. 13 Andhiyaribagh is almost complete. Photographs of the said plant is annexed herewith and marked as Annexure No. R10/1 "

b. Construction of Pit Composting plant in Ward No.03 Khalwa South is underway. Photographs of the said plant is annexed herewith and marked as Annexure No. R10/2 c. Construction of Pit Composting plant in Ward No.07 Achlapur is underway.

The tentative date for completion of the said pit composting plants is February 2025.

iv. For treating the water from the drains, phytoremediation work is being done and land has been provided to Executive Engineer, Construction Division, U.P. Jal Nigam (Urban) Balrampur for construction of S.T.P. under the S.B.M. (Urban) 2.0 programme.

V. It may be noted that a M.R.F. Centre was constructed by the Nagar Palika Parishad, Balrampur at Tulsi Road near Mewalal Police Station for the disposal of the waste generated in the city. However, the land on which the said centre has been constructed is subject matter of case- Consolidation No. 17998 of 2021; Indrajeet Tiwari Vs. Deputy Director of Consolidation, Balrampur & Ors. in which the Hon'ble Court of Judicature at Allahabad has passed an interim order, dated 19.08.2021 in, the operative portion of the same is as under:

"Till the next date of listing, parties shall maintain status quo as it exists today in respect of possession and also in respect of the entries in the revenue records.

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

A counter affidavit has already been filed in the matter by the Nagar Palika Parishad, Balrampur and the case is being actively pursued by the Parishad, next hearing dated 13.02.2025. Photographs of the said plan is annexed herewith and marked as annexure no. R 10/3."

112. The Tribunal, in its order dated 13.02.2025, observed that it had gone through the progress report furnished by the State Government regarding solid waste and sewage management and found it inadequate in view of the fact that land for infrastructure development with regard to solid and liquid waste management had still not been provided. Hence, solid waste generated daily and legacy waste already dumped haphazardly and unscientifically were not being treated or disposed of as per the SWM Rules, 2016. The Tribunal also observed that the city required a minimum of two Sewage Treatment Plants (STPs) for the treatment of sewage generated, but presently, sewage was being discharged directly into the Suav River. It was further observed that although one STP was under construction, it was facing financial constraints, and there was no planning or proposal for the construction of a second STP required for treatment of the remaining sewage generated in the city. The Tribunal held that these acts of omission and commission on the part of the Urban Development Department constituted serious violations of the SWM Rules, 2016 due to non- treatment of solid and liquid wastes generated in the city. In these facts and circumstances, Urban Development Department was directed to file a comprehensive reply along with a time-bound Action Plan addressing the management and disposal of both solid waste and sewage in Balrampur City.

Report dated 14.04.2025 filed by District Magistrate, Balrampur O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 71

113. In compliance thereof the District Magistrate, Balrampur filed report dated 14.04.2025. The key submissions made in the report and actions and timelines mentioned therein may be noticed as under:-

Key Submissions:

1. The matter concerns rejuvenation of River Suav, a tributary of River Ganga, affected by encroachment, dumping, and sewage discharge.

2. Meetings were held on 18.02.2025 and 27.03.2025 under the chairmanship of the District Magistrate.

3. Departments involved: Forest, Irrigation, PWD, Jal Nigam, Panchayati Raj, NPP, MGNREGA, UPPCB.

4. Key actions directed:

(i) Installation of awareness signboards and hoardings.

(Annexure- 3- photographs on page no. 951)

(ii) Identification of land for STP installation.

(iii) Completion of Flood Plain Zone (FPZ) demarcation.

  (iv)    Garbage removal from Suav River area.

  (v)     Enforcement of construction restrictions near the river (50 m

in urban, 100 m in rural areas) (judicial page no. 978 to 981).

(vi) Coordination with NMCG for river rejuvenation.

Actions and Timelines:

Action Department / Responsible Timeline / Status Officer Installation of slogan boards & Saryu Drainage Division-2, Locations identified; installation hoardings Balrampur completed Identification of land for STP NPP & Jal Nigam Land provided vide letter dated 29.03.2025 FPZ Survey Survey of India; data to Survey nearly complete; 5 sq. km.

                                 NIH, Roorkee               pending
  O.A. No. 433/2022                 Pateshwari Prasad Singh Vs State of U.P. & Ors.

                                        72

Garbage removal              NPP, Balrampur            Committee constituted; directed
                                                       to clean within 7 days

Solid waste management DPR NPP                         DPR sent to State Mission Director
                                                       on 17.03.2025

Afforestation                Forest Department         5,000 saplings identified for
                                                       plantation; partial plantation
                                                       completed
Publication in newspaper     DM, Balrampur             Notice published on 09.04.2025

Awareness & prohibition of District Administration Public notice issued; enforcement construction ongoing

114. The District Administration has shown active inter-departmental coordination and progress on multiple fronts but STP and FPZ finalization remained key pending deliverables. Afforestation and DPR approval needed expedited completion. Regular monitoring and updates were being ensured by the District Magistrate, Balrampur through District Ganga Committee and District Environment Committee meetings for ensuring compliance with the orders passed by this Tribunal with continuing follow-up on pending activities/actions.

115. Vide order dated 15.04.2025, the Secretary, Urban Development Department, Uttar Pradesh was directed to file additional response mentioning therein compliance made with Rule 11 of the Solid Waste Management Rules 2016 with particular reference to District Balrampur and disposal of solid and liquid waste with all requisite details and the District Magistrate, Balrampur was directed to file additional response regarding action plan of District Balrampur for management and disposal of solid and liquid waste, setting up of STP and removal of encroachments on river Suav giving all requisite details.

116. In compliance of order dated 15.04.2025, report dated 07.07.2025 was filed by Principal Secretary, Irrigation and Water Resources Department, additional affidavit dated 08.07.2025 was filed by District O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 73 Magistrate, Balrampur, additional affidavit dated 08.07.2025 has been filed by Joint Secretary, Urban Development Department and supplementary affidavit dated 15.07.2025 was filed by Secretary, Urban Development Department.

Additional affidavit dated 08.07.2025 filed by the District Magistrate, Balrampur

117. In compliance of order dated 15.04.2025 additional affidavit dated 08.07.2025 was filed by the District Magistrate, Balrampur. The key submissions made in the report and actions and timelines mentioned therein may be noticed as under:-

Key Submissions:

1. Total population of Nagar Palika Parishad, Balrampur-

1,08,000 (Census 2011: 81,054).

2. Daily waste generation: Approx. 32.40 MT (40% dry, 60% wet).

3. Dry Waste:

i. Two MRF Centres (5 MT each) sanctioned by the government.

One MRF constructed but presently under stay by Hon'ble High Court, Allahabad (Annexure-1).

ii. One MRF under construction, likely completion by 25 July 2025.

iii. About 2.96 MT/day dry waste collected by waste pickers.

iv. Temporary MRF functional, with nominal sale of processed waste.

v. Machines procured for both MRFs; one machine payment pending.

4. Wet Waste:

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

i. About 19.44 MT/day generated, with 2.9 MT inert material used for filling low-lying areas.

ii. Remaining 16.54 MT to be composted.

iii. Three composting plants (5 MT each) sanctioned--one operational, two to be functional by 31 July 2025.

iv. Coordination with Everenvire Resource Management Pvt. Ltd.

for sale of compost/wet waste for CNG generation; sample reports awaited.

v. Legacy Waste DPR submitted under SBM 2.0 on 17.03.2025;

approval awaited.

vi. Waste collection through 20 vehicles, 25 rickshaw trolleys, and 6 e-rickshaws.

5. Liquid Waste: Proposal submitted under SBM 2.0 for STP construction and I&D works.

6. Demarcation and Identification of Encroachments:

i. Joint survey by Revenue Department and Saryu Drainage Division-2, Balrampur.

▪ Total 9,171 constructions identified within the floodplain of River Suav:

▪ 9,007 residential (on private/old abadi land).

• non-residential (44 on govt. land, 38 private).

             •     govt. buildings on govt. land.

             ▪     17 religious structures (6 on govt., 11 private land).

ii.        6,164 constructions pre-2016, 3,007 post-2016

Rejuvenation of River Suav (MGNREGA Works):

i. As per report dated 02.07.2025 submitted by the Deputy Commissioner (Labour and Employment), Balrampur:

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

a)           49 projects identified, including:

               •      28 drains,

               •      15 ponds adjoining/merging into Suav River,

               •      8 plantation sites.

b.           25 works ongoing, 24 proposed.

c.             Total 45,747 person-days estimated, 13,749 generated to date.

d.             Implementation across              four     development            blocks:

Balrampur, Shridattganj, Utraula, and Gaidasbujurg.

Actions And Timelines:

Subject Area Actions Taken / Progress Timeline / Status Solid Waste - MRF Centres One operational (under stay); one To complete by 25 July 2025 under construction Composting Plants (Wet Waste) 1 operational, 2 under construction To complete by 31 July 2025 Wet Waste CNG Conversion Coordination with private firm; report Within 30-45 days (from awaited 21.06.2025) Legacy Waste DPR Submitted on 17.03.2025 Awaiting approval STP & Sewerage Co-treatment tender approved; funds Work halted pending fund partially received release Floodplain Demarcation Completed; 9,171 structures identified Ongoing review Rejuvenation Works under 25 works ongoing, 24 proposed Ongoing; 13,749 person- days MGNREGA generated

118. Progress regarding Solid Waste Management: Infrastructure strengthening could not be made due to pending government approvals for DPR and legal hurdles due to stay granted by Hon'ble Allahabad High Court. Regarding Liquid Waste Management and Construction of STPs progress was being made with planning and tender process but delay in release of fund remained the key bottlenecks. For Encroachment Survey comprehensive mapping had been completed providing factual basis for future removal or regularization actions. For Rejuvenation Efforts of River Suav MGNREGA projects indicated active O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

inter-departmental coordination; plantation and drain work which were progressing steadily. Substantial steps had been taken for compliance with directions given by this Tribunal although majority of actions were in advanced implementation phase.

119. This Tribunal considered the reports filed and noted the deficiencies therein as the same referred to further action to be taken and did not contain specific timelines, budgetary allocations etc., and did not specify and fix accountability of the concerned agencies/officers for completion/compliance for implementation of the State Policy and District Action Plan and accordingly directed filing of additional reports within one month giving requisite details including specific timelines, budgetary allocations etc., and specifying and fixing accountability of the concerned agencies/officers for completion/compliance for implementation of the State Policy and District Action Plan. Additional Reply dated 05.09.2025 filed by the Principal Secretary, Ministry of Welfare and Waqf Department

120. The Principal Secretary, Ministry of Welfare and Waqf Department filed additional reply dated 05.09.2025. The relevant part of the affidavit reads:-

"(3) That pursuant to the affidavit submitted by the Urban Development Department in OA No.433/2022 the Hon'ble Tribunal vide its order dated 19.12.2024 observed that the remaining funds required for the completion of the sewerage system and STP construction has not been released by the Director, Minority Welfare and Waqf Department, Directorate of Minority Welfare and Waqf Department, Directorate of Minority Welfare, Uttar Pradesh Lucknow. The Tribunal noted the significance of timely fund release for ensuring successful completion response on the current status and steps taken for compliance. Copy of Letter No.NGT-224/N5-2024-18 Writ /2024 dated 14.08.2024, wherein the Urban Development Department formally requested the Director, Minority Welfare Department, to expediate the release of funds.

(4). That the project, involving a total approved cost of Rs.12,376.32 lakh, was sanctioned with equal contributions of O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

Rs.6,188.16 lakh each from the State and Central Governments. A detailed table of project components is reproduced below:

Sr. District Project Percentage Unit Units Total Central State No (Central/States s Cost Cost of Share Share . ) (Rs. In Rs. In (Rs. In (Rs. In lakh) lakh lakh) lakh)

1. Balrampu Sewage 50:50 7 499.3 3495.45 1747.7 1747.7 r Treatmen 5 3 3 t Plan (7 Parts)

2. Balrampu Sewage 50:50 19 369.7 7024.87 3512.4 3512.4 r Treatmen 3 4 4 t Plan(19 Parts)

3. Balrampu Sewage 50:50 5 371.2 1856.00 928.00 928.00 r Treatmen 0 t Plan (5 Parts) Total 12376.3 6188.1 6188.1 2 6 6 (5). It is humbly submitted that the first installment of the Central share amounting to Rs.3,094.08 lakh was released on 15.02.2019 by the Ministry of Minority Affairs, Government of India. This initial release facilitated the commencement of project activities and laid the foundation for subsequent development while the State Government by Government order no.43/19/1038/52-1-2019-13(PMJVK)-19 dated 19.09.2023 released 1st installment of Rs. 3094. 08 lakhs. Further, the State Government vide Order No.68/2023/1051/52-1-13 dated 27.11.2023 released 50% of the 2nd installment of Rs.1547.07 lakh.

(6) The Directorate, through Letter No.2274 dated 03.08.2023 and State Government Letter No.873 dated 10.08.2023, forwarded to the Ministry of Minority Affairs, Government of India, a utilization certificate of Rs.4,641.12 lakh, representing 75% of the first installment of the Central and State share amounting to Rs.6,1188.16 lakh. Subsequently, the implementing agency, vide letter no.204/M.W.D/PMJVK/2024- 25 dated 26.06.2024, submitted a utilization certificate for the entire released sum of Rs.7,735.20 lakh, along with a quality inspection report by IIT Kanpur.

(7) It is respectfully, submitted that repeated communications were addressed to release the balance Central Share of Rs.3,094.08 lakh, from the Ministry of Minority Affairs, government of India. In compliance with the Hon'ble Tribunal's order dated 19.12.2024, an amount of Rs.300.00 lakh was been released to the implementing agency vide G.O. 01/2025/64/52- 1-2025-13(PMJVK)2019 dated 06.02.2025 for the STP Balrampur project.

(8) That it should be noted, the Directorate of Minority Welfare, Uttar Pradesh, vide office order letter no.1920/A.S.K.N./PMJBK/SNA/349 (306744)/2025 dated 26.08.2025, in pursuance of the approval accorded by the State Government vide order no.07/2025/609/52-1-2025-13 O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 78 (POMJVK/2019) dated 18.08.2025, has released the balance amount of the second installment comprising the Central share of Rs.2,944.08 lakh and the State share of Rs.1,397.04 lakh, aggregating to Rs.4,341.12 lakh, from the SNA Pool Fund Account No.7078018543 to the implanting agency, namely, construction and Design Services (Tube Well Wing). (9) That the aforesaid allocation has been sanctioned for the Sewage Treatment Plant project at Balrampur against the approved project cost of Rs.12,376.320 lakh, wherein Rs.8,035.20 lakh had already been released earlier. The sanctioned amount has been duly authorized for expenditure in accordance with the scheme guidelines, subject to compliance with the terms and conditions prescribed under the relevant Government Orders, allocation, withdrawal, and sanction orders issued from time to time.

(10) It is further provided that the aforesaid sanctioned sum of Rs.4,341.12 lakh has been transferred from the SNA Pool Fund Account to the Zero Balance Subsidiary Account No.7140193104 of Indian Bank, maintained by the implementing agency, on the PPMS portal. The expenditure of the said amount shall be carried out strictly under the directions, restrictions, and conditions stipulated by the Government and the Directorate. (11) The implementing agency will not withdraw the lump sum amount from the SNA account or transfer the same to any other account. Upon utilization of the released funds, it shall be the responsibility of the implementing agency to provide the utilization certificate, duly countersigned by the District Magistrate, to the Directorate. The implementing agency shall remain fully accountable for any duplication, irregularity, or misuse of the funds withdrawn and utilized under the project."

121. Vide order dated 19.12.2024, the District Magistrate, Balrampur and Executive Officer, Nagar Palika Parishad, Balrampur were directed to file reports.

122. The Executive Officer, Nagar Palika Parishad, Balrampur vide affidavit dated 08.09.2025 in compliance to this Tribunal's order dated 31.07.2025 submitted that as per Census 2011, the population of Nagar Palika Parishad, Balrampur was 81,054, which at present is approximately 1,08,000. Presently, about 32.40 MT of solid waste (calculated at 300 grams per person per day) is being generated, comprising of approximately 40% dry waste (12.96 MT) and 60% wet waste (19.44 MT). The disposal of the generated solid waste is being O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 79 undertaken by the Nagar Palika Parishad, Balrampur, as detailed hereunder:-

DISPOSAL OF SOLID/DRY WASTE i. For the disposal of dry waste, under Swachh Bharat Mission (Urban) 2.0, two Material Recovery Facilities (MRFs) of 5 TPD capacity each have been established at Chungi Naka and Dipauwa Khalwa Dalkshini Ward within the jurisdiction of Nagar Palika Parishad. Out of these, the MRF at Chungi Naka is fully operational while installation of machinery is underway at the MRF in Dipauwa, Khalwa Dakshini, which shall be fully functional by 05.09.2025. Presently, the entie quality of daily generated dry waste (12.96 MT) is being sent to the operational MRF centre at Chungi Naka for disposal.

ii. Further, as per the directions of the Government, for addressing the existing solid waste management gap of 6.25 TPD, a proposal for construction of an additional 5 TPD MRF was prepared vide Nagar Palika Parishad Office Letter No. 814 dated 18.08.2025 and forwarded to SLTC for approval. The said proposal has been duly approved in the meeting chaired by the Principal Secretary on 25.08.2025.

Disposal of Wet Waste i. For the disposal of wet waste, under Swachh Bharat Mission (Urban) 2.0, one 5 TPD capacity Wet Waste Compost Plant at Nibkauni Andhiyari Bagh is operational, and another Wet Waste Compost Plant is under construction at Dipauwa Khalwa Dakshini, which shall be completed and made operational by 10.09.2025. At present, the entire daily generated wet waste O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 80

(19.44MT) is being sent to the operational Wet Waste Compost Plant at Nibkauni Andhiyari Bagh for disposal. ii. Additionally, one more Wet Waste Compost Plant of 5 TPD capacity is under construction at Achalapur Neel Bagh, which shall be completed and commissioned by 30.09.2025. Furthermore, in compliance with Government directions, to address the present solid waste management gap of 6.25 TPD, a proposal for an additional 5 TPD Wet Waste Compost Plant was prepared vide Nagar Palika Parishad Office Letter No.814 dated 18.08.2025 and forwarded to SLTC for approval, which has also been duly approved in the meeting chaired by the Principal Secretary on 25.08.2025.

Legacy Waste Disposal i. For the remediation of legacy wate (65,000 MT) at Gelhapur, a Detailed Project Report (DPR) has been submitted to the Government on 17.03.2025 under Swachh Bharat Mission (Urban) 2.0 Upon receiving approval from the Government, the process of legacy waste disposal shall be undertaken expeditiously.

Door to Door Waste Collection and Sanitation ii. At present, for door-to-door waste collection, 25 tri-cycles, 10 e-

rikshaws, and 07 mini-tippers are available, with 50 personnel engaged in the collection work. For road and drain cleaning across 25 wards, 300 personnel are engaged, and 15 mini- tippers, 02 JCB machines, 02 dumpers, 01 loader, 02 tractor- trolleys, 01 mini poclain, and 01 road-sweeping machine are operational.

Liquid waste management O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 81 i. Under Swachh Bharat Mission (Urban) 2.0, land has been identified and proposed by Nagar Palika Prishad, Balrampur for the construction of STP and for carrying out I&D (Interception and Diversion) works etc. Urban Development Department

123. The relevant extract from the Additional affidavit of Joint Secretary, Urban Development Department dated 08.07.2025 is as follow:-

Key Submissions:

1. The affidavit was filed in compliance with the Hon'ble Tribunal's order dated 31.05.2025, to apprise the status of solid and liquid waste management works in District Balrampur.

2. It was submitted that two major issues persist -- (a) lack of a functional STP in Balrampur, and (b) partial compliance in solid waste segregation and disposal.

3. Meetings were held with the District Magistrate, Balrampur, and other departmental officers to expedite works. Minutes of Meeting dated 02.07.2025 annexed as Annexure-1 (judicial page no. 1154 to 1147).

4. Show-cause notice issued to the Executive Officer, Nagar Palika Parishad, Balrampur, for negligence in compliance and failure to ensure timely progress.

5. The affidavit mentioned ongoing preparation of revised City Sanitation Action Plan (CSAP) and corresponding DPRs for waste management projects.

Actions & Timelines:

1. Solid Waste:

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

i. Door-to-door collection operational in all 25 wards.

ii. Segregation at source achieved approximately 55%.

iii. Composting unit and MRF under upgradation; expected completion within August 2025.

2. Liquid Waste:

i. Proposal for establishment of 8.5 MLD STP submitted by U.P. Jal Nigam; funds awaited.

ii. Short-term solution of decentralized wetland treatment under consideration until main STP becomes operational.

124. It is evident from the affidavit that no STP could be made functional in Balrampur as the funds were awaited. Affidavit dated 08.09.2025 filed by the Principal Secretary, Urban Development Department.

125. In compliance of order dated 31.07.2025 affidavit dated 08.09.2025 was filed by the Principal Secretary, Urban Development Department. The relevant part of the additional response is reproduced below:-

"SUPPLEMENTARY AFFIDAVIT OF PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, STATE OF U.P. IN COMPLIANCE OF ORDER DATED 31.07.2025 PASSED BY THE HON'BLE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI X X X X

4. That in compliance with the directions issued by the Hon'ble Tribunal vide order dated 31.07.2025, the Urban Development Department, State of U.P. has taken necessary action to facilitate progress on the establishment of the Sewage Treatment Plant (STP) in Nagar Palika Parishad, Balrampur.

5. That a meeting dated 14.08.2025 was convened under the chairmanship of Principal Secretary, Urban Development Department, State of U.P. with the officials of all the concerned departments present in the meeting. That during the meeting, the Principal Secretary has fixed the responsibility of all the concerned departments and have further directed them to take all the appropriate and O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 83

necessary actions expeditiously. A copy of the MOM dated 14.08.2025 is annexed herewith and marked as ANNEXURE-1.

6. That in compliance of the direction issued by the Principal Secretary, Urban Development Department during the above-mentioned meeting, the Nagar Palika Parishad, Balrampur and the U.P. Jal Nigam (Urban), Balrampur have submitted their action taken report to the Deponent Department vide report dated 03.09.2025 and 01.09.2025 respectively. A copy of the reports by the NPP and UP Jal Nigam are annexed herewith and marked as ANNEXURE-2. SEWAGE TREATMENT PLANT

7. FUND RELEASE: An official communication has been made by the Directorate of Local Bodies, Lucknow to the Principal Secretary, Minority Welfare Department via letter dated 06.08.2025, requesting the release of the sanctioned funds amounting to Rs. 43.41 Crores. The said funds have been subsequently released to Construction & Design Services, Uttar Pradesh Jal Nigam (Urban).

A copy of the letter dt. 06.08.2025 and 26.08.2025 of the release of funds letter is annexed herewith and marked as ANNEXURE-3.

8. That Land Availability and Coordination: Separate communications have been issued to District Magistrate, Balrampur by the Directorate Local Bodies, Lucknow on 06.08.2025, and by NPP Balrampur to UP Jal Nigam (Urban), Balrampur on 31.07.2025. The aforementioned letters pertain to the identification and availability of suitable land for Construction of the new STP under Swachh Bharat Mission 2.0 (Urban).

A copy of the letter dt. 06.08.2025 and 31.07.2025 for the land availability letter is annexed herewith and marked as ANNEXURE-4.

9. Project Status: The Detailed Project Report (DPR) for the new STP has been prepared and was presented in the State Level Technical Committee (SLTC) meeting held on 25th August 2025 for consideration and approval.

USED/WASTEWATER MANAGEMENT:

10.8.5 MLD SEWAGE TREATMENT PLANT (STP): UP Jal Nigam has received the pending sanctioned funds amounting to Rs. 43.41 Crores through G.O. dated 18.08.2025. Construction work for the 8.5 MLD STP has resumed at full pace. The project is scheduled for completion by 31.03.2026, followed by a trial run of three months. Upon successful completion of the trial phase, the facility will be handed over to Nagar Palika Parishad, Balrampur for operation and maintenance.

20 KLD CO-TREATMENT PLANT: UP Jal Nigam (Urban) has completed the tendering process, and the contract has been awarded. Physical work on the plant commenced on 01.08.2025, and it is expected to be completed by 30.04.2026, with a three-month trial period thereafter. That it is submitted before the Hon'ble Tribunal that Post-trial, the facility will be transferred to Nagar Palika Parishad, Balrampur for further operations and upkeep.

12. THE 4 & 3.5 MLD STP AND 1&D WORKS UNDER SBM 2.0: The Detailed Project Report (DPR) for both STPs O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 84

and I&D works has been prepared and presented before the State Level Technical Committee (SLTC) on 25.08.2025. SLTC has directed to UP Jal Nigam (Urban) that the DPR be revised in accordance with CSAP guidelines, as the earlier cost estimates were found to be on the higher side. The DPR and CSAP are currently under revision. Upon approval by the competent authority, the tendering process will commence, and the estimated time for completion of these STPs is 24 months from the date of work order issuance.


      SOLID WASTE MANAGEMENT

       Name of The ULB          Nagar Palika Parishad,
                                Balrampur


       Name of the              Balrampur, Uttar Pradesh
       District/State


       No. of Municipal
       Zones in ULB
                                02 Zones


       No. of wards in the      25
       ULB


       Population & Household in the ULB as per the
       2011 Census


       Population(P)                              Households (H)


       81,054                                     13,509

Population & Households in the ULB as per current scenario: 2025 Population(P) Households (H) 1,04,170 14,801

13. WASTE GENERATION & SEGREGATION STATUS: As per the current estimated population, 32.4 TPD of municipal solid waste is generated in NPP, Balrampur. The waste is segregated as follows:

      •      Wet Waste: 19.04 TPD
      •      Dry Waste: 12.06 TPD
 O.A. No. 433/2022            Pateshwari Prasad Singh Vs State of U.P. & Ors.

                                  85

      •      Inert Waste: 1.3 TPD

14. That currently, Door-to-Door (D2D) waste collection is being carried out in all 25 wards of the city. The source segregation level presently stands at approximately 55%, and measures are being taken to improve it further.

15. HUMAN RESOURCE DEPLOYMENT: Total sanitation workforce deployed for road sweeping, garbage collection, and drain cleaning: 300 • Permanent Staff: 68 • Samvida (Contractual): 67 • Outsourced Staff: 165 • Workers specifically deployed for Door-to-Door Collection: 50

16. VEHICLE DEPLOYMENT STATUS: The details of vehicles deployed for waste collection, transportation, and sanitation purposes within NPP Balrampur are as follows:

       S. NO NAME OF VEHICLES     QUANTITY OF    REMARKS
                                  VEHICLES
                                  (FUNCTIONAL)


       1.                         22             7 units of mini tipper
             Mini-tipper                         are deployed in door-
                                                 to-door waste
                                                 collection and rest are
                                                 deployed for cleaning
                                                 of wards


       2.    E-rickshaw           10             For door-to-door
                                                 waste collection


       3.    Rickshaw with bins   25             For door-to-door waste

                                                 collection

       4.    Tractor              02
                                                 For cleaning of wards

       5.    Dumper               02

                                                 For cleaning of wards


       6.    JCB                  02             For cleaning of wards


       7.    Loader               01             For cleaning of wards


       8.    Wheelbarrow          160            For cleaning of wards

       9     Suction machine/de   01 (Suction    For cleaning of wards
             sludging vehicle     machine with
 O.A. No. 433/2022              Pateshwari Prasad Singh Vs State of U.P. & Ors.

                                     86

                                     the capacity-
                                     2,000 litre)

       10.     Road sweeping         01                For cleaning of wards
               machine

       11.     Pock land machine     01                For cleaning of wards

17.WET WASTE MANAGEMENT: Status of Wet Waste Management through Compost Pits in Nagar Palika Parishad Balrampur is detailed below:

i. Operational Facility: 5 TPD Compost Pit at Ward No. 13, Nibkauni (Andhiyari Bagh) is currently functional and operational for wet waste processing.

ii. Facilities Under Construction:

a. 5 TPD Compost Pit at Ward No. 03, Khalwa South: Civil construction is in progress and expected to be completed by 10th September 2025. The plant will become functional immediately thereafter.

b. 5 TPD Compost Pit at Ward No. 07, Achlapur: Civil construction is underway and will be completed by 30th September 2025. iii. Proposed Facility: A new proposal for a 5 TPD Compost Pit has been submitted and discussed in the State Level Technical Committee (SLTC) meeting held on 25th August 2025. The proposal is currently under review and approval process.

18.DRY WASTE MANAGEMENT: Status of Dry Waste Management through Material Recovery Facilities (MRFs) in Nagar Palika Parishad Balrampur is as under:

i. Operational Facility: 5 TPD MRF constructed at Tulsi Road, near Mewalal Police Station, is fully operational and currently processing segregated dry waste.

ii. Facilities Under Construction: 5 TPD MRF at Ward No. 03, Khalwa South: Civil works have been completed. Retrofitting and installation activities are in progress and expected to be completed by 4th September 2025. The facility will be made fully operational by 5th September 2025.

iii. Proposed Facility: A new 5 TPD MRF proposal has been submitted and discussed in the State Level Technical Committee (SLTC) meeting held on 25th August 2025. The proposal is currently under evaluation and approval.

19. That with regards to the actions being taken by the Deponent Department, the timelines of the aforementioned actions and budgetary allocation is tabulated below:-

S. PARTICULARS STATUS TIME IMPLEMENTING BUDGETARY N. LINE AGENCY/RESPONSIBL ALLOCATION E OFFICER 1 8.5 MLD STP Under 31.03 C&DS and UP Jal Pending Constru .2026 Nigam (responsible 43.41 Crores ction officer Executive has been Engineer, UP Jal transferred Nigam (Urban) O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

to UP Jal Nigam-U

2. Under 30.04 UP Jal 1,73,59,000/ 20 KLD Co Constru .2026 Nigam(responsible -under SBM Treatment ction officer-Executive 2.0 Plant Engineer, UP Jal Nigam (Urban)

3. 4& 3.5 MLD DPR 24 UP Jal Nigam Under STP under mont (responsible officer- Swachh revision hs Executive Engineer, Bharat and after UP Jal Nigam (Urban) Mission 2.0.

                          approva     tende
                          l from      ring
                          SLTC        proce
                                      ss


       4    5 TPD         Function    -       NPP Balrampur           39.88 lakhs
            Compost Pit   al                  (responsible officer-   under SBM
                                              EO, NPP, Balrampur)

       5    5 TPD         Under       10.09   NPP Balrampur           39.88 lakhs
            Compost Pit   Constru     .2025   (responsible officer-   under SBM
                          ction               EO, NPP, Balrampur)

       6    5 TPD         Under       30.09   NPP Balrampur           39.88 lakhs
            Compost Pit   Constru     .2025   (responsible officer-   under SBM
                          ction               EO, NPP, Balrampur)

       7    5 TPD         Under       4-6     NPP Balrampur           39.88 lakhs
            Compost Pit   approva     mont    (responsible officer-   under SBM
                          l from      hs      EO, NPP, Balrampur)
                          SLTC        after
                                      appro
                                      val

       8.   5 TPD MRF     Function    -       NPP Balrampur           50.6 lakhs
                          al                  (responsible officer-   under SBM
                                              EO, NPP, Balrampur)     2.0

       9.   5 TPD MRF     Under       05.09   NPP Balrampur           50.6 lakhs
                          Constru     .2025   (responsible officer-   under SBM
                          ction               EO, NPP, Balrampur)     2.0

       1    5 TPD MRF     Under       4-6     NPP Balrampur           50.6 lakhs
       0.                 approva     mont    (responsible officer-   under SBM
                          l from      hs      EO, NPP, Balrampur)     2.0
                          SLTC        after
                                      appro
                                      val

20. Hence, the present affidavit is being filed for the kind consideration and perusal of this Hon'ble Tribunal." O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 88 Affidavit dated 08.10.2025 filed by the Joint Secretary, Urban Development Department Government of U.P.

126. Vide order dated 10.09.2025 respondents were permitted to file additional responses and in compliance thereof Joint Secretary, Urban Development Department Government of U.P. filed affidavit dated 08.10.2025. The relevant part of the affidavits reads as under:-

"AFFIDAVIT OF JOINT SECRETARY, URBAN DEVELOPMENT DEPARTMENT, STATE OF U.P. IN COMPLIANCE OF ORDER DATED 10.09.2025 PASSED BY THE HON'BLE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI

4. That in compliance with the directions issued by the Hon'ble Tribunal vide the aforementioned order, the Directorate of Local Bodies, Lucknow has initiated and monitored necessary actions to facilitate progress on the establishment of the the Sewage Treatment Plant (STP) and Solid Waste Management (SWM) systems in Nagar Palika Parishad (NPP), Balrampur.

5. That a site inspection was conducted by the team from the Directorate of Local Bodies, Lucknow dated 29.09.2025 to assess the status and ongoing progress of Solid Waste Management infrastructure and operations in NPP Balrampur. The visit focused on the implementation and functionality of existing waste processing facilities, under-construction plants, and proposed interventions under SBM 2.0. A copy of office order dated 29.09.2025 is annexed herewith and marked as ANNEXURE-1.

6. That UP Jal Nigam (Urban) and Nagar Palika Parishad, Balrampur has submitted their progress reports dated 01.09.025 and 03.10.2025 respectively to the Urban Development Department, State of UP. The compliances made/ further progress is as stated below:

A copy of the report dated 01.09.2025 by UP Jal Nigam (Urban) is annexed herewith and marked as ANNEXURE-2. A copy of the report dated 03.10.2025 by Nagar Palika Parishad, Balrampur is annexed herewith and marked as ANNEXURE-3. USED/WASTEWATER MANAGEMENT:

7. Status of wastewater management infrastructure and on-

going initiatives in Nagar Palika Parishad, Balrampur is as follows:

i. 8.5 MLD Sewage Treatment Plant (STP): U.P. Jal Nigam (Urban) has received the pending sanctioned funds amounting to Rs. 43.41 Crores through GO. dated 18.08.2025. Thereafter, construction work for the 8.5 MLD STP has resumed at full pace.

The project is scheduled for completion by 31.03.2026, followed by a trial run of three months. Upon successful completion of the O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 89

trial phase, the facility will be handed over to Nagar Palika Parishad, Balrampur for operation and maintenance. A copy of GO dated 18.08.2025 is annexed herewith and marked as ANNEXURE-4.

ii. 20 KLD Co-Treatment Plant: UP Jal Nigam (Urban) has completed the tendering process, and the contract has been awarded. Physical work on the plant commenced on 01.08.2025, and it is expected to be completed by 30.04.2026 with a three-month trial period thereafter.

Post-trial, the facility will be transferred to Nagar Palika Parishad, Balrampur for further operations and upkeep. iii. 4 & 3.5 MLD STP and I&D Works under SBM 2.0: A DPR for two STPs (4 & 3.5 MLD) and Interception & Diversion (I&D) works of five drains was presented before the State Level Technical Committee (SLTC) on 25.08.2025. SLTC directed UP Jal Nigam (Urban) to revise the DPR as per City Sanitation Action Plan (CSAP) norms.

• The DPR and CSAP have been revised accordingly and submitted to MoHUA and NMCG on 03.09.2025 and letter 17.09.2025 for further review and approval.

• Estimated completion time is 24 months from work order issuance.

iv. Revised CSAP & DPR Submission Details: The original CSAP for NPP Balrampur (approved by MoHUA) was Rs. 16.94 Cr. for 1 STP and I&D works of 5 drains. However, due to site topography and technical feasibility, a revised DPR has been prepared for 2 STPS, with an updated cost of Rs. 33.56 Cr, exceeding the initial CSAP allocation. The revised CSAP has been submitted to MoHUA for approval vide email dated 03.09.2025. Furthermore, the DPR has also been submitted to NMCG for review and additional funding support vide letter dated 17.09.2025. A copy of email dated 03.09.2025 and letter 17.09.2025 is annexed herewith and marked as ANNEXURE-5.

SOLID WASTE MANAGEMENT:

       Name of The ULB          Balrampur, NPP


       Name of the              Balrampur, Uttar Pradesh
       District/State


       No. of Municipal         02 Zones
       Zones in ULB


       No. of wards in the      25
       ULB


       Population & Household in the ULB as per the
       2011 Census
 O.A. No. 433/2022          Pateshwari Prasad Singh Vs State of U.P. & Ors.

                                90




       Population(P)                            Households (H)


       81,054                                   13,509

Population & Households in the ULB as per current scenario: 2025 Population(P) Households (H) 1,04,170 14,801

1. WASTE GENERATION & SEGREGATION STATUS: As per the current estimated population, 32.4 TPD of municipal solid waste is generated in NPP, Balrampur. The waste is segregated as follows:

      •      Wet Waste: 19.04 TPD
      •      Dry Waste: 12.06 TPD
      •      Inert Waste: 1.3 TPD

Currently, Door-to-Door (D2D) waste collection is being carried out in all 25 wards of the city. The source segregation level presently stands at approximately 55%, and measures are being taken to improve it further.

2. HUMAN RESOURCE DEPLOYMENT: Total sanitation workforce deployed for road sweeping, garbage collection, and drain cleaning: 300 • Permanent Staff: 68 • Samvida (Contractual): 67 • Outsourced Staff: 165 • Workers specifically deployed for Door-to-Door Collection: 50

3. VEHICLE DEPLOYMENT STATUS: The details of vehicles deployed for waste collection, transportation, and sanitation purposes within NPP Balrampur are as follows:

       S. NO NAME OF VEHICLES   QUANTITY OF    REMARKS
                                VEHICLES
                                (FUNCTIONAL)


       1.                       22             7 units of mini tipper
             Mini-tipper                       are deployed in door-
                                               to-door waste
                                               collection and rest are
                                               deployed for cleaning
                                               of wards
 O.A. No. 433/2022            Pateshwari Prasad Singh Vs State of U.P. & Ors.

                                  91

       2.    E-rickshaw           10              For door-to-door
                                                  waste collection


       3.    Rickshaw with bins   25              For door-to-door waste

                                                  collection

       4.    Tractor              02
                                                  For cleaning of wards

       5.    Dumper               02

                                                  For cleaning of wards


       6.    JCB                  02              For cleaning of wards


       7.    Loader               01              For cleaning of wards


       8.    Wheelbarrow          160             For cleaning of wards

       9     Suction machine/de   01 (Suction     For cleaning of wards
             sludging vehicle     machine with
                                  the capacity-
                                  2,000 litre)

       10.   Road sweeping        01              For cleaning of wards
             machine

       11.   Pock land machine    01              For cleaning of wards




      WET WASTE MANAGEMENT: Status of Wet Waste

Management through Compost Pits in Nagar Palika Parishad Balrampur is detailed below:

4. Operational Facility: 5 TPD Compost Pit at Ward No. 13, Nibkauni (Andhiyari Bagh) is currently functional and operational for wet waste processing. Furthermore, 05 TPD compost pit at ward no. 03, Khalwa South is currently functional and operational for wet waste processing.

5. Facilities Under Construction: 5 TPD Compost Pit at Ward No. 07, Achlapur: Civil construction is under way and will be completed by 15th October 2025.

6. Proposed Facility: A new proposal for a 5 TPD Compost Pit has been approved from State Level Technical Committee (SLTC) meeting held on 25th August 2025. Currently it is under tendering process.

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 92

DRY WASTE MANAGEMENT: Status of Dry Waste Management through Material Recovery Facilities (MRFs) in Nagar Palika Parishad Balrampur is as under:

7. Operational Facility: 5 TPD MRF constructed at Tulsi Road, near Mewalal Police Station, is fully operational and currently processing segregated dry waste. 5TPD MRF at Ward No. 03, Khalwa South, is fully operational and currently processing segregated dry waste.

8. Proposed Facility: A new 5 TPD MRF proposal has been approved from State Level Technical Committee (SLTC) meeting held on 25th August 2025. Currently it is under tendering process.

A copy of MoM dated 25.08.2025 is annexed herewith and marked as Annexure - 6.

9. TIMELINES AND BUDGETARY ALLOCATIONS:

S. PARTICULARS STATUS TIME IMPLEMENTING BUDGETARY N. LINE AGENCY/RESPONSIBL ALLOCATION E OFFICER

1. 8.5 MLD STP Under 31.03 UP Jal Nigam (Urban) Pending Constru .2026 43.41 er h ction been transferred UP Jal Niga (Urban)

2. 20 KLD Co Under 30.04 UP Jal 1,73,59,000/ Treatment Constru .2026 Nigam(responsible -under Plant ction officer-Executive Swachh Engineer, UP Jal Bharat Nigam (Urban) Mission 2.0

3. 4& 3.5 MLD DPR 24 UP Jal Nigam Under STP under mont (responsible officer- Swachh revision hs Executive Engineer, Bharat and after UP Jal Nigam (Urban) Mission 2.0.

                          approva     tende
                          l from      ring
                          SLTC        proce
                                      ss


       4    5 TPD         Function    -       NPP Balrampur           -
            Compost Pit   al                  (responsible officer-
                                              EO, NPP, Balrampur)
 O.A. No. 433/2022            Pateshwari Prasad Singh Vs State of U.P. & Ors.

                                    93

       5    5 TPD         Function   -       NPP Balrampur           39.88 lakhs
            Compost Pit   al                 (responsible officer-   under
                                             EO, NPP, Balrampur)     Swachh
                                                                     Bharat
                                                                     Mission

       6    5 TPD         Under      15.10   NPP Balrampur           39.88 lakhs
            Compost Pit   Constru    .2025   (responsible officer-   under
                          ction              EO, NPP, Balrampur)     Swachh
                                                                     Bharat
                                                                     Mission

       7    5 TPD         approve    2-3   NPP Balrampur             39.88 lakhs
            Compost Pit   d from     mont (responsible officer-      under
                          SLTC       hs    EO, NPP, Balrampur)       Swachh
                                     after                           Bharat
                          Under      tende                           Mission
                          tenderin   ring
                          g          compl
                          process    etion
                                     and
                                     awar
                                     d of
                                     work

       8.   5 TPD MRF     Function   -       NPP Balrampur           50.6 lakhs
                          al                 (responsible officer-   under
                                             EO, NPP, Balrampur)     Swachh
                                                                     Bharat
                                                                     Mission

       9.   5 TPD MRF     Function   -       NPP Balrampur           50.6 lakhs
                          al                 (responsible officer-   under
                                             EO, NPP, Balrampur)     Swachh
                                                                     Bharat
                                                                     Mission

       1    5 TPD MRF     approve    2-3   NPP Balrampur             50.6 lakhs
       0.                 d from     mont (responsible officer-      under
                          SLTC       hs    EO, NPP, Balrampur)       Swachh
                                     after                           Bharat
                          Under      tende                           Mission
                          tenderin   ring
                          g          compl
                          process    etion
                                     and
                                     awar
                                     d of
                                     work

10. Hence, the present affidavit is being filed for the kind consideration and perusal of this Hon'ble Tribunal."

127. The Principal Secretary, Urban Development Department, Government of U.P. is directed to ensure completion of 8.5 MLD STP O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 94 already under construction and its operation after following all environmental norms in conformity with the timeline i.e. 31.03.2026. The Principal Secretary Urban Development Department, U.P. is also directed to adhere to the timelines as submitted before this Tribunal for completion and making operational 02 additional STPs (4 MLD and 3.5 MLD) and 20 KLD co-treatment plant within 24 months from the date of issuance of work order for STPs and 30.04.2026 for Co- Treatment Plant. The Principal Secretary, Urban Development Department, Government of U.P. is also directed to ensure strict compliance with the timelines already prescribed for the above activities. The Principal Secretary, Urban Development Department, Government of U.P. is also directed to ensure that required funds are made available to Nagar Palika Parishad, Balrampur for the above activities.

128. The Executive Officer, Nagar Palika Parishad, Balrampur is directed to ensure proper management and disposal of legacy waste and solid waste generated per day in Balrampur town in accordance with the timelines given in the report submitted before this Tribunal. The Executive Officer, Nagar Palika Parishad, Balrampur is also directed to ensure door-to-door collection, segregation, and transportation of municipal solid waste strictly in accordance with the provisions of the Solid Waste Management Rules, 2016 and also the establishment of compost pits and Material Recovery Facilities (MRFs) within the specified timelines.

Directions by this Tribunal

129. In view of the above discussed facts and circumstances of the case and relevant statutory provisions and environmental norms, the O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 95 present original application is disposed of with the following directions:-

Direction to Principal Secretary, Irrigation and Water Resources Department

(i) The Principal Secretary, Irrigation and Water Resources Department, Government of U.P. is directed to ensure that the nomenclature of 'Suav' is rectified from 'Nala' to 'River' in its record within three months from the date of receipt of a copy of this judgment and to notify the rectification by way of publication in the Official Gazette and also in the local newspapers citing rectification of the name in compliance to the judgment of this Tribunal.

(ii) Accordingly, the Principal Secretary, Department of Irrigation and Water Resources, Government of U.P. is directed to ensure identification and demarcation of Active Flood Plain (AFP) in Urban and Rural Areas based on Technical Guidelines on Flood Zoning issued by Central Water Commission (CWC) and Ministry of Jal Shakti (MoJS) in July, 2025 and Ganga Order, 2016 within six months from the date of receipt of a copy of this Judgment.

(iii) Irrigation and Water Resources Department, Government of U.P. is directed to formulate and implement, in association and coordination with the Agriculture, Forest, Rural Development and Panchayati Raj Departments, Government of U.P., an action plan within three months from the date of receipt of a copy of this Judgment for Catchment Area Treatment (CAT) works through convergence of various existing Central and State Schemes/Programmes with specific timelines and budgetary provisions. The Irrigation and Water Resources Department is also O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors.

directed to act as Nodal Agency for requisite coordination and compliance with other departments mentioned above.

(iv) The Principal Secretary, Department of Irrigation and Water Resources, Government of U.P. is directed to ensure identification and demarcation of Active Flood Plain (AFP) in Urban and Rural Areas based on Technical Guidelines on Flood Zoning issued by Central Water Commission (CWC) and Ministry of Jal Shakti (MoJS) in July, 2025 and Ganga Order, 2016 within six months from the date of receipt of a copy of this Judgment.

Direction to District Ganga Committee (DGC)

(v) The District Ganga Committees, Balrampur and Siddharthnagar are directed to examine the revenue record of Districts Balrampur and Siddharthnagar for ascertaining whether any change has been effected regarding the land in the rural catchment area, previously recorded as water / wet area in revenue record, from water / wet area to agricultural land by revenue inspectors or other revenue officials and if so then direction may be issued for rectification of unauthorized change and such land in question may be again recorded as water/ wet area in the revenue record in accordance with the provisions of "River Ganga (Rejuvenation, Protection and Management Authorities Order-2016 (National Mission for Clean Ganga-NMCG)-2016.

(vi) The District Ganga Committees, Balrampur and Siddharthnagar are directed to issue appropriate directions after completion of identification, demarcation and declaration of Active Flood Zone (AFZ) in both Urban and Rural Areas of Suav River, for removal of encroachments in accordance with the provisions of the River Ganga O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 97 (Rejuvenation, Protection and Management" Authorities Order-2016 and due process of law.

(vii) The District Ganga Committees, Balrampur and Siddharthnagar are directed to formulate within three months from the date of receipt of a copy of this judgment with Action Plan stipulating activities/programmes/schemes with budgetary provisions, timelines and implementing agencies/departments and implement the same, in addition to activities already planned and executed/under execution, for the protection, rejuvenation, restoration and rehabilitation of Suav River.

(viii) The District Ganga Committees, Balrampur and Siddharthnagar should play pivotal role in ensuring implementation of scheme for the use of treated sewage water in irrigation, park/garden, construction activities, road construction other purposes etc. jointly by Nagar Palika Parishad (NPP), Departments of Irrigation, Agriculture, Horticulture, Rural Development and Panchayati Raj, Urban Development and Revenue both in Balrampur and Siddharthnagar to minimize extraction /withdrawal of ground water.

(ix) The District Ganga Committees, Balrampur and Siddharthnagar have also to ensure that Mass Awareness Programme are launched with active participation by religious leaders, scholars, priests, sages in the basin area of Suav River for disseminating information during discourses in Temples, Mosques, Gurudwaras, Churchs or outside in religious functions about social, cultural, historical, ecological and religious significance of River 'Suav' and O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 98 duty/responsibilities of citizens towards its Protection and Rejuvenation.

(x) The District Ganga Committees, Balrampur and Siddharthnagar are directed to adopt above said Sant Seechewal's model and replicate the same by ensuring peoples participation for Rejuvenation of the Suav River's ecology and ecosystems with emphasis on People's Participation.

Direction to Panchayat, Revenue & Forest Departments

(xi) The Panchayat, Revenue & Forest Departments may plan this activity and serve as nodal agencies with main emphasis on community's participation. Plantation so carried out may be geotagged and may be named as "Bal Van" in Schools, "Yuva Van" in Colleges and Universities and on Common Property Resources (CPRs) in the Panchayats / Urban Areas.

Direction to Divisional Forest Officer, Balrampur

(xii) The Divisional Forest Officers of the District Balrampur and Siddharthnagar are directed to take requisite action in consultation with concerned District Ganga Committees for Massive Afforestation Programme and Development of Bio-diversity Parks on vacant/ abandoned/degraded Government land in the Catchment Area of River Suav within six months from the date of receipt of a copy of this Judgment.

Direction to Principal Secretary, Urban Development Department, Government of U.P. O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 99

(xiii) The Department of Urban Development, Government of U.P. and District Ganga Committees, Balrampur and Siddharthnagar may nominate their nodal officers for coordination with the NMCG regarding project proposals related to STPs and Suav River rejuvenation already submitted to NMCG.

(xiv) The Department of Urban Development, Government of U.P. is directed to make budgetary allocations to Nagar Palika Parishad, Balrampur and Siddharthnagar from funds already available with the State Government for management and disposal of Municipal Solid Waste in Districts Balrampur and Siddharthnagar in terms of Para-30 & 72(iv) of order dated 23.03.2023 passed in O.A. No.606/2018 titled Compliance of Municipal Solid Waste Management Rules, 2016 in respect of State of U.P. by this Tribunal.

(xv) The Principal Secretary, Urban Development Department, Government of U.P. is directed to ensure completion of 8.5 MLD STP already under construction and its operation after following all environmental norms in conformity with the timeline i.e. 31.03.2026. The Principal Secretary, Urban Development Department, U.P. is also directed to adhere to the timelines as submitted before this Tribunal for completion and making operational 02 additional STPs (4 MLD and 3.5 MLD) and 20 KLD co-treatment plant within 24 months from the date of issuance of work order for STPs and 30.04.2026 for Co-Treatment Plant. The Principal Secretary, Urban Development Department, Government of U.P. is also directed to ensure strict compliance with the timelines already prescribed for the above activities. The Principal Secretary, Urban Development Department, Government of U.P. is also O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 100 directed to ensure that required funds are made available to Nagar Palika Parishad, Balrampur for the above activities. Direction to Nagar Palika Parishad, Balrampur (xvi) The Executive Officer, Nagar Palika Parishad, Balrampur is directed to ensure proper management and disposal of legacy waste and solid waste generated per day in Balrampur town in accordance with the timelines given in the report submitted before this Tribunal. The Executive Officer, Nagar Palika Parishad, Balrampur is also directed to ensure door-to-door collection, segregation, and transportation of municipal solid waste strictly in accordance with the provisions of the Solid Waste Management Rules, 2016 and also the establishment of compost pits and Material Recovery Facilities (MRFs) within the specified timelines.

Direction to Namami Gange and Rural Water Supply Department (Nodal Agency) and Irrigation Department (xvii) Namami Gange and Rural Water Supply Department and Irrigation Department are directed to undertake jointly with due approval/NoC of District Ganga Committees, Balrampur and Siddharthnagar the desiltation works wherever feasible technically / hydrologically in River Suav for removal of silt, debris, solid wastes etc. from the bottom and banks of river to maintain deeper river channels, control monsoon flooding and improve water flow throughout the year without any obstruction, thereby ensuring resilience and productivity of riverine ecosystems. The works required may be allotted/executed before 2026 monsoon. O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 101 (xviii) Namami Gange and Rural Water Supply Department and District Ganga Committees, Balrampur and Siddharthnagar are directed to identify and demarcate all wetlands/lakes/ponds fed/recharged by Suav River including the wetlands/lakes/ponds located in the catchment area which were disconnected due to various factors natural or manmade and to take remedial measures to connect the same with River Suav and make the activities regarding the same part and parcel of rejuvenation and rehabilitation programmes for preserving cultural, recreational and ecological integrity of Suav River. All these wetlands/lakes/ponds may be geo- tagged and assigned UID number and information regarding the same may be placed on the Website of District Administration of Balrampur and Siddharthnagar for proper monitoring of their status. The participation of all stakeholders from the public and private sectors including Scientists, Academics, Policy Makers, Practioners, NGOs/voluntary agencies, Schools, Colleges, University as well as by citizens groups may be ensured. The necessary works may be executed/completed within one year from the date of receipt of a copy of this judgment.

(xix) ACS/PS, Department of Namami Gange and Rural Water Supply Department is directed to ensure issuance of notification for constitution of Committee as directed vide Para no. 84 within three months from the date of receipt of a copy of this judgment. Direction to Chief Secretary, Government of U.P. (xx) The Chief Secretary, Government of U.P. being Chairperson of State Ganga Committee is directed to take appropriate measures for ensuring proper coordination and cooperation for timely submissions O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 102 of proposals for financial support to NMCG and prompt implementation and execution of the same on approval with proper utilization of funds allocated.

Direction to National Mission for Clean Gang (NMCG) (xxi) The NMCG is directed to examine the proposal related to STPs and Suav River rejuvenation on submition by U.P. Government and convey its decision following due process of its rules, mandate and regulations within three months from the date of receipt of a copy of this judgment to ensure timely implementation of various programmes/activities as planned for the protection and rejuvenation of Suav River by U.P. Government.

Direction to District Magistrates, Balrampur and Siddharthnagar (xxii) The District Magistrate, Balrampur is directed to ensure that the nomenclature of 'Suav' from 'Nala' to 'River' is rectified in the revenue record of the District Balrampur within three months from the date of receipt of a copy of this judgment and to notify the rectification by way of publication in the Official Gazette and also in the local newspapers citing rectification of the name in compliance to the judgment of this Tribunal.

(xxiii) The District Magistrates, Balrampur and Siddharthnagar are directed to ensure that no new constructions/infrastructures is allowed in the already demarcated Flood Plain Zone (FPZ) till the process of identification & demarcation of Active Flood Zone (AFZ) is completed.

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 103 (xxiv) The District Magistrates, Balrampur and Siddharthnagar are directed to issue appropriate directions within three months from the date of receipt of copy of this Judgment to industries such as Balrampur Chini Mill (BCM) and Bajaj Mill located in Suav River Basin to investing/allocating part of their funds earmarked for Environmental Social Responsibility (ESR)/Corporate Social Responsibility (CSR) to the District Ganga Committees, Balrampur and the District Ganga Committees, Siddharthnagar for Biodiversity Park Development, Afforestation, Soil Conservation, pasture development and management, landscape improvements in the Basin of Suav River by making funds available to the District Ganga Committees, Balrampur and Siddharthnagar for implementation of the same.

(xxv) The District Magistrates, Balrampur and Siddharthnagar are directed to personally look into and take appropriate action through concerned Department of the State Government in coordination with the Union Ministry of Information & Broadcasting for establishing Community Radio Stations in Districts Balrampur and Siddharthnagar.

Direction to Chief Development Officer (xxvi) The Chief Development Officer, Balrampur and Siddharthnagar respectively are directed to issue notifications constituting Village Level Committees with terms of reference with approval of the District Magistrates, Balrampur and Siddharthnagar respectively within three months from the date of receipt of a copy of this judgment.

O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 104 Direction to Uttar Pradesh Pollution Control Board (UPPCB) (xxvii) Uttar Pradesh Pollution Control Board is directed to ensure regular monitoring of water quality of Suav River, treated sewage discharged from STPs and sewage/effluents discharged from industries such as Balrampur Chini Mill and Bajaj Sugar Mill by taking samples periodically and getting the same analyzed and to take appropriate remedial action in case of any environmental violations.

130. It may be added here that non-compliance with order passed by this Tribunal constitutes an offence punishable under Section 26 of National Green Tribunal Act, 2010. Further order passed by this Tribunal is also executable as Civil Court decree in accordance with the provisions of the Code of Civil Procedure, 1908 which permits execution by way of arrest and detention of the judgment debtors in accordance with law.

131. The present original application is disposed of with the directions as mentioned above for compliance in the letter and spirits leaving the parties to bear their own costs.

132. Reports as directed above may be filed within the specified period before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who shall be at liberty to list the matter before the Bench for further directions if further orders are considered to be necessary.

133. Pending Application(s), if any, stand disposed of.

134. We place on record our deep appreciation for Shri Bhanwar Pal Singh Jadon, Shri G.G. George, Shri Pradeep Misra, Shri, Daleep O.A. No. 433/2022 Pateshwari Prasad Singh Vs State of U.P. & Ors. 105 Dhyani, Ms. Priyanka Swami, Shri Abhishek Yadav, Officers from Minorities Welfare, Irrigation, Urban Development, Environment, Revenue Departments of U.P. Government, Survey of India (SoI) and National Institute of Hydrology (NIH) for their effective assistance.

135. A copy of this judgment may be sent to the Chief Secretary, U.P. and all the respondents and the District Magistrate, Siddharthnagar by email for requisite compliance.

Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM January 15th, 2026 Original Application No. 433/2022 AG

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Pateshwari Prasad Singh vs State Of Uttar Pradesh on 15 January, 2026