National Green Tribunal
Nizamuddin West Association vs Union Of India on 10 October, 2012
BEFORE THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI
Application No. 6/2012
Note of the Orders of the Tribunal
Registry
Order No.7 Heard Learned Counsel for parties. By order dated 17th September, 2012,
th
Dated 10
October, 2012 we have directed the Irrigation Department of U.P. (R-6) to remove all the
debris lying in the Banks of Yamuna River, within their jurisdiction,
irrespective of fact as to who had dumped it, more so because presence of
debris in the Locality not only causes pollution but also is hazardous to
river eco-system, flow of water and to the inhabitants who use the water.
It appears that no steps have been taken by the Irrigation Department till
date to comply with the order. Instead a prayer is made by R-6, to grant
more time to file a reply.
We find that Respondent No.6 has scant regard to Rule of Law. We are
also satisfied that the inaction is in flagrant violation of the order passed by this Tribunal. Law is well settled that none compliance of a direction issued, could lead to punitive action.
However, in view of the statement made by Learned Counsel appearing for Respondent No. 6 as well as other officers of the Irrigation Department of U.P, we take a liberal view and grant four weeks time to the said Respondent to remove all the debris from river Yamuna lying within the jurisdiction of U.P State.
Mr. A. K. Gupta, Chief Engineer of Irrigation Department is directed to take appropriate action and issue necessary directions for compliance of our order and for removal of the debris lying in the Basin of River Yamuna, within jurisdiction of U.P. Other Respondents are also directed to remove the debris situated in their jurisdiction and also take steps to see that no further debris is dumped in the bank of River Yamuna.
List this matter on 5th December, 2012, on the said date all the Respondents shall file Compliance Report.
(Dr. G.K. PANDEY) (JUSTICE A. S NAIDU) EXPERT MEMBER ACTING CHAIRPERSON