National Green Tribunal
Sushil Raghav vs State Of Uttar Pradesh on 26 September, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 03 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 624/2022
(I.A. No. 209/2022)
Sushil Raghav Applicant
Versus
State of Uttar Pradesh & Ors. Respondent(s)
Date of hearing: 26.09.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Akash Vashishtha, Advocate
ORDER
1. This application seeks direction to stop the construction of pillars and station on the Sahibabad Storm Water Drain No.1 and its buffer zone of 12 meters by the National Capital Region Transport Corporation (NCRTC) in Ghaziabad for Delhi-Meerut RRTS corridor.
2. The Applicant has referred to order of this Tribunal dated 13.05.2022 in O.A No. 16/2014, Shri Hazi Ariff v. State of U.P & Ors., directing that buffer zone of the drain has to be free from constructions. It was further observer that viable alternatives such as sewer line ensuring free flow of storm water drain without pollution could to be explored as alternative to demolition of already raised constructions. Operative part of the order is reproduced below:- 1
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30. To sum-up, our directions are:
(i) All constructions/encroachments in the bed and 12 meter buffer zone from the edge of Sahibabad Drain No. 1 in Ghaziabad and all its coverings are per se illegal and are liable to be demolished, irrespective of any permission by the Nagar Nigam. The drain is liable to be restored and allowed to flow without obstruction and pollution which will be the responsibility of the Nagar Nigam with oversight of higher authorities and regulators.
(ii) Demolition of above illegal constructions may be carried out unless viable and acceptable alternative to restore environment and Drain by a suitable sewer line enabling free flow and unpolluted storm water open drain is worked out upto 01.10.2022
(iii) In case of representation in terms of direction (ii), a Joint Committee headed by the Member Secretary, NCR Planning Board, Ministry of Urban Development, GoI, with nominee of Secretary, MoJS, GoI, Additional Chief Secretary, Urban Development, UP, Commissioner, Ghaziabad Nagar Nigam, District Magistrate, Ghaziabad, and UP PCB as members may consider the matter and give its report to the Tribunal by e-mail at judicial-
[email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF on or before 15.09.2022 about a viable alternative for sewer line being laid and simultaneously storm water drain being allowed to flow unpolluted and uninterrupted. This may be with full or partial financial contribution of affected/benefited parties, to be executed within the outer limit of one year from today.
(iv) If any such report is filed, the same may be simultaneously placed on the website of the UP PCB for being accessed by any of the affected parties.
(v) The report, if filed, be placed before the Tribunal on 28.09.2022 for consideration.
Subject to above, the application is disposed of."
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3. Since the issue of protection of drain and ensuring free flow therein is being overseen by a joint Committee headed by the Member Secretary, NCR Planning Board, grievance, if any, can be first considered by the said Committee, instead of multiplying proceedings on the issue. Further, having regard to the nature of the project which is to help the commuters and to reduce pollution, we do not find it necessary to stop the same but such construction should be with all possible mitigation measures to 2 ensure that there is no change of natural course of the drain and no pollution load is added.
The Application will stand disposed of accordingly.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM Dr. Afroz Ahmad, EM September 26, 2022 Original Application No. 624/2022 (I.A. No. 209/2022) AB 3