National Green Tribunal
Abhisht Kusum Gupta vs State Of Uttar Pradesh on 25 November, 2022
Item No. 06 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 859/2022
Abhisht Kusum Gupta Applicant
Versus
State of Uttar Pradesh & Ors. Respondent(s)
Date of hearing: 25.11.2022
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Sunil J. Mathews, Advocate
ORDER
1. Heard Shri Sunil J. Mathews, Advocate for the applicant. This OA has been filed under Sections 14 and 15 read with 18(1) of National Green Tribunal Act, 2010 (hereinafter referred to as 'NGT Act, 2010'). The grievance is regarding pollution of Hindon river. It is prayed that the respondents be directed to take concrete steps for upgradation, conservation and rejuvenation of Hindon river.
2. It is said that Hindon river originates in District Saharanpur and cross through five other Districts of Western Uttar Pradesh i.e., Muzzafarnagar, Meerut, Baghpat, Ghaziabad before merging with Yamuna river in District Gautam Budh Nagar. The applicant states that Hindon river therefore, is a tributary of Yamuna river having length of approximately 400 Km and an approximate basin area or catchment area of 7083 sq. km. It originates from Shakumbhari Devi Range, Upper 1 Shivaliks in District Saharanpur and flows into Yamuna river at District Gautam Budh Nagar. It is completely rain-fed river which is supported by the network of marshes and wetlands across its length during non-rainy seasons.
3. Hindon river provides water support to rural population across the six Districts and it is also a primary source of water for residential, agricultural and industrial purposes in the above named Districts. However, presently Hindon river is heavily polluted due to unimpeded dumping of waste into river and failure of State mechanism i.e., Respondents (State of U.P. through Principal Secretary, Department of Irrigation; Union of India through Principal Secretary, Ministry of Jal Shakti; Chairman, Central Pollution Control Board; Chairman, Uttar Pradesh State Pollution Control Board; Principal Secretary, Urban Development; Principal Secretary, Rural Development; Principal Secretary, Agriculture, State of Uttar Pradesh; Commissioner of Meerut; Commissioner, Saharanpur; Municipal Commissioner, Saharanpur; Municipal Commissioner, Muzzafarnagar; Municipal Commissioner, Meerut; Municipal Commissioner, Ghaziabad; Municipal Councilor, Baghpat, New Okhla Industrial Development Authority (hereinafter referred to as 'NOIDA' and Greater NOIDA).
4. Our attention has been drawn to order dated 20.09.2018 passed in O.A. No. 673/2018, News item published in 'The Hindu' authored by Shri. Jacob Koshy wherein pollution in 351 river stretches was considered by this Tribunal and following directions were issued:
"50. In view of above, we consider it necessary to issue the following directions:
i) All States and Union Territories are directed to prepare action plans within two months for bringing all the polluted river stretches to be fit at least for bathing purposes (i.e BOD ˂ 3 2 mg/L and FC ˂ 500 MPN/100 ml) within six months from the date of finalisation of the action plans.
ii) The action plans may be prepared by four-member Committee comprising, Director, Environment., Director, Urban Development., Director, Industries., Member Secretary, State Pollution Control Board of concerned State. This Committee will also be the Monitoring Committee for execution of the action plan. The Committee may be called ''River Rejuvenation Committee'' (RRC). The RRC will function under the overall supervision and coordination of Principal Secretary, Environment of the concerned State/Union Territory.
iii) The action plan will include components like identification of polluting sources including functioning/ status of STPs/ETPs/CETP and solid waste management and processing facilities, quantification and characterisation of solid waste, trade and sewage generated in the catchment area of polluted river stretch. The action plan will address issues relating to; ground water extraction, adopting good irrigation practices, protection and management of Flood Plain Zones (FPZ), rain water harvesting, ground water charging, maintaining minimum environmental flow of river and plantation on both sides of the river. Setting up of biodiversity parks on flood plains by removing encroachment shall also be considered as an important component for river rejuvenation.
The action plan should focus on proper interception and diversion of sewage carrying drains to the Sewage Treatment Plant (STP) and emphasis should be on utilization of treated sewage so as to minimize extraction of ground or surface water. The action plan should have speedy, definite or specific timelines for execution of steps. Provision may be made to pool the resources, utilizing funds from State budgets, local bodies, State Pollution Control Board/ Committee and out of Central Schemes.
iv) The Action Plans may be subjected to a random scrutiny by a task team of the CPCB.
v) The Chief Secretaries of the State and Administrators/ Advisors to Administrators of the Union Territories will be personally accountable for failure to formulate action plan, as directed.
vi) All States and Union Territories are required to send a copy of Action Plan to CPCB especially w.r.t Priority I & Priority II stretches for approval.
vii) The States and the Union Territories concern are directed to set up Special Environment Surveillance Task Force, comprising nominees of District Magistrate, Superintendent of Police, Regional Officer of State Pollution Control Board and one person to be nominated by District Judge in his capacity as Chairman of Legal Services Authority on the pattern of direction of this Tribunal dated 07.08.2018, in Original Application No. 138/2016 (TNHRC), "Stench Grips Mansa's Sacred Ghaggar River (Suo-Motu Case).
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viii) The Task Force will also ensure that no illegal mining takes place in river beds of such polluted stretches.
ix) The RRC will have a website inviting public participation from educational institutions, religious institutions and commercial establishments. Achievement and failure may also be published on such website. The Committee may consider suitably rewarding those contributing significantly to the success of the project.
x) The RRCs will have the authority to recover the cost of rejuvenation in Polluter Pays Principle from those who may be responsible for the pollution, to the extent found necessary. In this regard, principle laid down by this Tribunal in order dated 13.07.2017 in O.A No. 200 of 2014, M.C Mehta Vs. U.O.I will apply. Voluntary donations, CSR contribution, voluntary services and private participation may be considered in consultation with the RRC."
5. It appears that State PCB prepared an action plan, titled as "Action Plan for restoration of polluted stretch of River Hindon from District Saharanpur to District Ghaziabad". However, the entire action plan is only on papers and nothing substantial has been done on the ground level. The result is that Hindon river is highly polluted in the entire length of its travel particularly in District Ghaziabad and Gautam Budh Nagar.
6. It is on record that despite repeated media attention drawn through various news reports, complaining about continued pollution in river Hindon and other rivers, no substantive action has been taken by respondents.
7. The Tribunal dealt the subject matter relating to issue of remedial measures for industrial and other pollution in Kali Nadi, Krishni and Hindon rivers, resulting in diseases and deaths. Tribunal dealt the issue in detail and passed final order on 02.02.2021 in O.A. No. 231/2014, Doaba Paryavaran Samiti vs. State of U.P. & Ors. The relevant extracts from the order are as under:
"9. Further report has been filed on 28.01.2021 by the Oversight Committee. The relevant extracts from the report are as follows:-4
"IV. LATEST COMPLIANCE STATUS In order to review the latest compliance status the Oversight Committee held a meeting on 27.01.2021 regarding O.A 231/2014. The minutes of meeting are attached as Annexure I. The latest and updated status issue wise is presented below:
1. Issue- Piped water supply in affected 148 villages Action taken : As per the compliance submitted by U.P. Jal Nigam out of total 148 Villages work has been already completed in 103 villages. Work of piped water supply is complete in 103 villages while in rest 44, in 21 villages work is complete but in 23 villages water is being supplied through direct pumping with the help of DG sets as power connection is awaited. It is expected to be granted and work would be complete within 1 month (Refer Annexure II).
2. Issue-Work of STP in Muzaffarnagar,Budhana and Saharanpur Action taken : In Muzaffarnagar (22 MLD) and Budhana (10 MLD) STPs tender has been finalized and work has been initiated. The work of making boundary wall has been started at 22 MLD STP at Muzaffarnagar. Regarding Saharanpur, JMD, UP Jal Nigam in the meeting held by Oversight Committee on 27.1.20 informed that the DPR for STP at Saharanpur was sent to NMCG for approval which was sent back by NMCG with certain observations. U.P Jal Nigam is preparing a reply on the observations in cooperation with WEBCOS Pvt.Ltd.(consultancy firm). The same would be sent to NMCG in February,2021
3. Issue- Tapping of drains Action taken: Total 133 drains are present in the stretch of Hindon falling in Saharanpur, Muzaffarnagar, Shamli and Ghaziabad. The details of drains is as follows: Number of tapped drains- 11 Number of partially tapped drains- 05 Number of drains which do not require tapping- 01 Number of drains to be tapped in ongoing projects - 11 Number of drains to be tapped in projects for DPRs sent/DPR under preparation - 102 Number of industrial drains - 03 (Refer Annexure II).
4. Issue- Bio/phytoremediation of drains Action taken: Regarding bioremediation it was informed that bioremediation of drains has taken place in Saharanpur, on Nagdehi and Dhamola drain. No progress has been reported in other areas. In the meeting conducted by Oversight Committee on 27.1.2021, it was informed by UPPCB that EC of Rs. 8.7 crore has been imposed on 29 drains for the period July 2020 to January,2021. Reminders have been sent to the local bodies for depositing the EC (Refer Annexure IV & V). Further, a meeting was held at Chief Secretary level on 2.12.2020 in which it was discussed that an appeal shall be filed before the Hon'ble Tribunal to extend the timelines for completion of work of undertaking bio/phytoremediation on drains and provide relaxation from EC (Refer Annexure III).
5. Issue: Health camps in the affected area and preparation of micro plan to identify causes of diseases 5 Action taken: Due to Covid-19 pandemic, health camps could not be organized. Furthermore, considering the preparation of micro plan, under the Covid-19 health survey the officials have been directed to identify patients of cancer along with people having co-morbidities
6. Issue- EC imposed on 230 defaulting industries Action taken: Rs. 11.32 crore has been imposed as Environmental Compensation on defaulting industries for the period July 2020-Jan 2021, out of which Rs.4.14 has been recovered. In compliance, further steps for recovery of arrears of Environmental Compensation have to be taken , which is under progress.
7. Issue- All drains joining Kali, Krishni and Hindon should have in situ remediation and plan for connectivity with the identified STP.
Action taken: No progress has been reported in this regard.
8. Issue- Performance guarantee of Rs. 5 crore Action taken: Performance Guarantee of Rs 5 Crore directed by Hon'ble NGT on 15.3.19 is yet to be deposited by State Government V. OBSERVATIONS BY OVERSIGHT COMMITTEE U.P Jal Nigam has made an effort to meet the timeline of Dec,2020 to ensure piped water supply in 148 affected villages. However, still in 23 villages water is being provided through direct pumping as power connection is awaited. Furthermore, there has been no significant progress in installation of any of three STPs proposed in the last one year. Regarding tapping of drains, progress is extremely slow with 113 drains being still untapped. Moreover, bio/phytoremediation of drains as an interim measure has also not taken place. Performance Guarantee of Rs 5 Crore directed by Hon'ble NGT on 15.3.19 has not yet been deposited. No progress has been made regarding connectivity of drains joining Kali, Hindon and Krishni with identified STP.
SUMMARY OF COMPLIANCE STATUS
S.No. Directions by Hon'ble Concerned Compliance Compliance Status
NGT Department Status January 2021 (as of
September 2020 27.1.2021)
1. Complete work of U.P Jal Partially Partially Complied
piped water supply Nigam, Dept. Complied
in 148 villages by of Panchayati As per the compliance
31.3.2020. Raj, UP. (Only 45 villages submitted by U.P. Jal
Rural Development covered as of Nigam out of total 148
Department directed 23.07.2020 and Villages work has been
to supply safe in rest 102 already completed in
drinking water villages safe 103. work of piped through tankers as potable water water supply is intermediate provided complete in 103 arrangement. through deep villages while in rest India Mark II 44, in 21 villages work handpumps) is complete but in 23 villages water is being supplied through direct pumping with the help of of DG sets as power connection is awaited.
It is expected to be
granted and work
6
would be complete
within 1 month.
2. Complete work of U.P Jal Nigam Not Complied Partially Complied
STP by 31.3.2020
The State was Approval pending In Muzaffarnagar (22
directed to identify
from NMCG. MLD) and Budhana (10
erring officers for
suitable action in this MLD) STPs work has
matter. Basic engineering been initiated. The work
design submitted of making boundary wall to NMCG in case has been started at 22 of Muzaffarnagar MLD STP at and Budhana. Muzaffarnagar.
DPR submitted to Regarding Saharanpur, NMCG in case of JMD, UP Jal Nigam in the STP Saharanpur.) meeting held by Oversight Committee on No report 27.1.2012 informed the received DPR for STP at regarding action Saharanpur was sent to taken against NMCG for approval erring officers. which was sent back by NMCG with certain observations. U.P Jal Nigam is preparing a reply on the observations in cooperation with WEBCOS Pvt. Ltd.
(consultancy firm). The same would be sent to NMCG in February, 2021
3. Vide order dated U.P Jal Nigam Partially Partially Complied 28.2.2020 it was Complied directed to: From Saharanpur to (drains have been Ghaziabad drains from Identify untapped drains and should identified and EC Saharanpur, prepare a plan with imposed on drains Muzaffarnagar, Shamli, timelines and in Saharanpur, Ghaziabad & completely tap these Shamli and Gautambudh Nagar drains at the earliest. Muzaffarnagar) meets in River Hindon In the mean time, whereas drains from they should carry out Drains are Meerut meets in Kli-East in-situ treatment in drains to reduce the untapped in all and drains from Baghpat pollution load. All the districts. meets in River Yamuna. those who fail to The treatment of drains control inflow of Details of drains in Gautambudh Nagar is untreated sewage not submitted in Jurisdiction of Noida into the river should Authority. Hence in be penalized on basis of 'Polluter Pays' Saharanpur, principle and Muzaffarnagar, Shamli prosecutions may be and Ghaziabad there are initiated against total 133 drains present officials in districts in the stretch of Hindon. where timelines are not adhered to. Number of tapped drains 11 Number of partially tapped drains- 05 7 Number of drains which do not require tapping 01 Number of drains to be tapped in ongoing projects - 11 Number of drains to be tapped in projects for DPRs sent/ DPR under preparation - 102 Number of industrial drains - 03
3. Bioremediation of U.P Jal Nigam Partially Partially Complied drains at Complied Saharanpur and Regarding Muzaffarnagar.
In Saharanpur, bioremediation of drains UPPCB to carry out monitoring to phytoremediation has taken place in ascertain done on 14 km Saharanpur, on Nagdehi effectiveness of bio- stretch only. and Dhamola drain.
remediation within
30 days. In Muzaffarnagar In the meeting
no progress in this conducted by Oversight regard. Penalty Committee on imposed in both 27.1.2021, it was areas by UPPCB. informed by UPPCB that EC of Rs. 8.7 crore has been imposed on 29 drains for the period July 2020 to January,2021.
Reminders have been sent to the local bodies for deposition of EC.
4. Directions issued for Dept. of Not Complied No progress further organizing health Health and reported camps in the affected Family Health Camp area at regular Welfare, U.P organised in intervals and treatment of all December, 2019.
patients in the high However, due to
referral specialized Covid-19
hospitals pandemic and
lockdown health
camps could not
be organised in
last 3 months
5. Micro plan to be Dept.of Not Complied No progress further
prepared to cover the Health and reported
entire stretch and Family A micro plan
identify cause of Welfare, U.P
specifically not
ailments like skin
diseases, jaundice, being prepared.
cancer etc in the However, under
population in the Covid-19
concerned region health survey the
officials have
been directed to
identify patients
of cancer along
with people
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having
comorbidities.
6. The State directed to UPPCB Partially Partially Complied
ensure deposition of Complied
Rs. 9.40 Crore of Rs. 11.32 crore has been
Environment
(Rs.3.7 crore imposed as
Compensation
imposed upon 230 recovered. Environmental
defaulting water Consent to Compensation on
polluting industries operate not defaulting industries for
and in case of provided if EC is the period July 2020-Jan
default, to initiate not deposited) 2021, out of which
recovery of Rs.4.14 has been
Environment
recovered. In
Compensation as
arrears of land compliance, procedure
revenue by way of for recovery of arrears of
attachment of Environmental
properties Compensation is to be
done by way of
attachment of
properties, which is
under progress.
7. In order to stop U.P. Jal No progress No further progress
effluent discharged Nigam reported. reported.
from illegal
industries, it is
suggested that a joint
committee of District
Administration, Land
owning agency,
Pollution Control
Board, Electricity
Department and
Police be setup
8. Estimate for Harra U.P. Jal Partially Partially Complied
Town Area Nigam Complied
Committee and DPR • As per information
for PWS in village-
File of Harra provided by U.P. Jal
Biral, District-
Baghpat be prepared Town sanctioned Nigm one village Harra
within a specified and G.O is TAC distt. Meerut work is
time-line/ or within expected to be in progress.
three months out by July 25, • Village Biral, Distt.
2020. DPR of baghpat work is in
Biral, Baghpat progress.
sanctioned and
tenders have been
awarded. The
work is expected
to be complete by
March, 2021.
9. All drains joining Urban Not Complied Not Complied
Kali, Krishni and Development/
Hindon should have Rural
in situ remediation Development
and plan for & Panchayati
connectivity with the Raj/ U.P Jal
identified STP. Nigam
10. Performance U.P Jal Not Complied Not Complied
Guarantee of Rs 5 Nigam/
Crore directed by Urban
Hon'ble NGT. Development/
Rural
Development
9
& Panchayati
Raj
xxx....................................xxx..........................................xxx
10. From the above report, which is not under challenge, it is seen that power supply is still awaited for water supply to 23 affected villages, out of 133 drains meeting the river, 113 drains still remained untapped and there is also no interim measure taken to treat the pollution. The compensation assessed is not being recovered. The recovered amount is not being spent for restoration. Untenable plea of shortage of funds or lack of approvals of the higher authorities is being taken, which could be sorted out by the Chief Secretary in terms of earlier directions of this Tribunal. Such unsatisfactory state of affairs is expected to be remedied on war footing in the interest of health of the citizens.
11. The status of compliance as per report filed on behalf of the State is as follows:-
" SI. Issues/ Status
No. Directions
1. Progress of All 147 villages have been covered with piped water supply
piped water completely by direct pumping. Harra Town Area Committee
supply in 148 (TAC) is also covered partially by piped water supply by
villages of the direct Pumping and rest of the work is under progress. Harra
area. TAC will be fully covered by direct pumping by 31-03-2021.
Note:-
In 23 Villages water supply is being done through direct pumping by DG Sets as power connection is under progress by power supply agency.
2. Status of From Saharanpur to Ghaziabad drains from Saharanpur, tapping of Muzaffarnagar, Shamli, Ghaziabad & Gautambudh Nagar drains. meets in River Hindon where as drains from Meerut meets in Kali-East and drains from Baghpat meets in River Yamuna.
The treatment of drains in Gautambudh
Nagar is in Jurisdiction of Noida
Authority. Thus, in Saharanpur,
Muzaffarnagar, Shamli and Ghaziabad there are total 133 drains present in the stretch of Hindon. The Status of I & D of these drains is as follows:
Sl. Description No. 1. Tapped Drain 11 2. Partially tapped 05 3. Not required tapping 01 4. Industrial Drain 03 Sub-Total 20 5. Untapped Drains Status a. To be taped in on-going project 11 . To be tapped in PFR/DPR 102 submitted for approval to SMCG/NMCG. Sub-Total 113 Grand Total 133 10 3. Bioremediation In Saharanpur, Bioremediation/phyto of Saharanpur remediation is being done on 02 drains over a total stretch and 76 km. In Muzaffarnagar & Shamli Muzaffarnagar bioremediation of drains has not been initiated. drains for the In compliance of the earlier order treatment of Environmental Compensation of Rs. 5.0 Lakh per sewage gap in drain/month on 29 drains river Hindon situated in the catchment of Hindon River has been imposed and Imposition by UPPCB vide letter no. G 32922/C-4/RRC-II/2020 of EC on dated- 16.06.2020 from July, 2020 onwards. untapped drains. 4. Status of In Muzaffarnagar and Budhana STPs works areunder installation of progress (overall progress 5% each). Likely to be STPs in completed by June, 2022. Muzaffarnagar, Budhana and DPR for I&D and STP works at Saharanpur was submitted to Saharanpur. NMCG, New Delhi vide letter no. 556/06-612T/SMCG-UP/01
dated08-06-2020. Observation on DPR were received from NMCG vide their letter no. Pr/22012/8/2020-Tech Construction NMCG dated 15-12-2020. The DPR is being revised by WAPCOS (appointed by NMCG) and is likely to be submitted by 28-02-2021 after incorporating the raised observations.
5. Status of EC Rs. 4.14 Crore has been recovered against imposed and Environmental Compensation of Rs. 11.32 Crore realised till date imposed by UPPCB on 243 defaulting industries till from the now. Procedure for recovery of arrears of Environmental defaulting units in Compensation is to be done by way of attachment of the area. properties, which is under progress.
6. That it is submitted that the updated compliance report of Uttar Pradesh Jal Nigam regarding piped water supply to the affected villages, status of tapped/untapped drains and status of STP installation in Muzaffarnagar, Budhana and Saharanpur is annexed herewith and marked as Annexure No.-3.
7. That it is submitted that Chief Secretary, Government of UP has also reviewed Bio-remediation work of drains situated in the catchment of River Hindon. In Saharanpur, Bioremediation/phyto-remediation is being done on 02 drains over a total stretch 76 km. In Muzaffarnagar & Shamli bioremediation of drains has not been initiated. In compliance of the earlier order Environmental Compensation of Rs. 5.0 Lakh per drain/month on 29 drains situated in the catchment of Hindon River has been imposed vide letter vide letter no G 32922/C-4/RRC-II/2020 dated-16.06.2020 from July, 2020 onwards. Copy of the letter dated 16-06-2020 is annexed herewith and marked as Annexure-4.
8. That it is submitted that the Uttar Pradesh Pollution Control Board has informed that Environmental Compensation of Rs. 11.32 Crore has been imposed against 243 defaulting water pollution industries /institutions and out of which Rs. 4.14 Crore has been recovered till 25-01-2021 in the catchment of River Hindon. It was further informed by the Member Secretary, Uttar Pradesh Pollution Control Board that the UPPCB is issuing the show cause notices against the defaulters for the payment of 11 Environmental Compensation and the Consent to Operate shall be withdrawn in case the Environmental Compensation is not deposited. Environmental Compensation is to be recovered following the procedure for recovery of arrears of land revenue by way of attachment of properties. The Chief Secretary, Government of UP reviewed the progress of recovery of Environmental Compensation and has directed Member Secretary, Uttar Pradesh Pollution Control Board to speed up recovery of Environmental Compensation by way of attachment of properties of the concerned industries/agencies with the help of concerned District Magistrates."
12. It is disappointing to note that even after almost seven years of pendency of the matter in this Tribunal and repeated specific directions atleast for the last more than two years, including orders dated 8.8.2018, 21.10.2019 and 28.2.2020, the State has not taken effective steps to control pollution of river Hindon, resulting in continuing damage to the environment and public health. Damage from pollution is no less than the damage from other heinous crimes. It is a matter of regret that the State authorities have failed to discharge their constitutional obligation of taking remedial measures inspite of attention of the highest authorities in the Administration being drawn to the problem. We had expected that with the involvement of the Chief Secretary, the procedural and inter-departmental coordination issues will be resolved. But unfortunately, it has not so happened.
13. In these circumstances, repeated orders will not serve any purpose unless the Administration takes ownership of its Constitutional obligation to the citizens. Thus, instead of keeping the proceedings pending, we consider it appropriate to require the Chief Secretary, UP to ensure remedial action on expeditious basis. The action should also include fixing responsibilities and making entry in the service record of incompetent or failing officers, who were earlier entrusted this responsibility, granting necessary approvals and providing necessary funds. Meaningful steps ought to be taken for recovery of assessed compensation from the polluters, following due process of law.
14..............xxx..................................xxx...................................xxx
15.......xxx...................................xxx............................................xxx The proceedings in the matter will stand closed with the expectation that the State will now take remedial measures to reinforce the environmental rule of law for protection of public health and environment. This would include interception and diversion of 113 untapped drains, the targeted STPs, with treated sewage utilization, being completed, recalcitrant industries, not complying with the norms, to be dealt with as per the Water, Air and EP Acts, maintaining the water quality of Kali Nadi, Krishni and Hindon rivers and ensuring water supply to the affected villages. As already directed, further remedial action may be ensured by the RRC in UP with oversight of the Chief Secretary and further monitoring by the Secretary Jalshakti......."
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8. In our view, a substantial question relating to environment has arisen out of the implementation of the enactments specified in Schedule I of NGT Act, 2010 arisen and hence this matter requires consideration.
9. However, before taking further action, we find it appropriate to obtain a factual report for which a joint Committee comprising UPPCB, UP Jal Nigam, MoEF&CC, NMCG and representative of Principal Secretary, Department of Irrigation is constituted who shall submit a factual report within two months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. UPPCB will be the nodal agency for compliance and coordination. The report may inter-alia covers all aspects of rejuvenating river Hindon and its tributaries before conferencing to river Yamuna. The actions taken as per the action plan and as highlighted in the order of the Tribunal may also be provided.
10. List for further consideration on 01.02.2023.
11. A copy of this order be forwarded to UPPCB, UP Jal Nigam, MoEF&CC, NMCG and representative of Principal Secretary, Department of Irrigation by e-mail for compliance.
Sudhir Agarwal, JM Prof. A. Senthil Vel, EM November 25, 2022 Original Application No. 859/2022 SN 13