National Green Tribunal
Durga Prasad Yadav vs State Of Uttarakhand on 14 September, 2022
Item No.07 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH
(By Video Conferencing)
Original Application No. 584/2022
Durga Prasad Yadav & Ors. ...Applicant
Versus
State of Uttarakhand ...Respondent
Date of hearing: 14.09.2022 CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER Application is registered based on a Letter Petition received by Email.
1. The grievance in the present letter petition sent by Email, which is treated and registered as original application, is regarding damage to the environment and existence of River Trilodki Ganga (Baha) caused by the construction of Shri Ram International Airport. The applicant has submitted that river Trilodki Ganga (Baha) is an ancient river which is also mentioned in the Purans. Excavation thereof is also going on at some places. However, for the construction of the above said airport the river Trilodki has been completely ruined. River Trilodki is now flowing in the form of a storm water drain known as Tilaiya passing through Ganja, Hansapur, Chandpur Harivansh, Poore Husain Khan, Janora Dehat and falls in River Saryu. Rain water of this drain is used by the villagers. The flow of said drain is now obstructed due to which thousands of bighas of land will be submerged. M/s. Amrut Bottlers Pvt. Ltd. (Cococola) Dabhar Semar, Chandpur Harbans, Allahabad Road, Ayodhya is discharging polluted water in the above drain and due to there being no outlet the polluted water is spreading to the near by villages and agricultural land and damaging the crops. O. A. No. 584/2022 Durga Prasad Yadav & Ors. Vs State of Uttarakhand -2-
2. This Tribunal is empowered to suo moto take cognizance of the cases involving questions relating to environment arising out of the implementation of enactments specified in First Schedule of the National Green Tribunal Act, 2010 as held by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC
897.This Tribunal can also take cognizance of such cases on the basis of letter petitions in accordance with settled principles of law governing Public Interest Litigation.
3. Prima facie, the averments made in the application raise questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010. In view of the averments made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position. Accordingly, we constitute a Joint Committee comprising of representative of Principal Secretary, Department of Civil Aviation, Lucknow, Executive Officer, Municipal Council, State PCB, District Magistrate, Ayodhya to ensure that there should not be any encroachments are illegal activity in the prohibitory zone and direct the same to meet, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and submit its report within one month by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. The State PCB will be the nodal agency for coordination and compliance.
4. In case the Joint Committee observes any violation of consent conditions/environmental norms then it shall forward a copy of its report to:-
(i) the concerned Project Proponents to enable it to comply with the recommendations in the report of the Joint Committee or file O. A. No. 584/2022 Durga Prasad Yadav & Ors. Vs State of Uttarakhand -3- objections against observations/recommendations in the same and file its response before this Tribunal if so desired within one month from the date of receipt of a copy of the report of the Joint Committee; and
(ii) the Statutory Authority including State PCB, and District Magistrate, Ayodhya to enable them to take appropriate remedial action by giving notice to/hearing the project proponent and following due process of law in accordance with Statutory provisions mandating them to take remedial action for prevention, control and abatement of environmental pollution/degradation and for protection and improvement of environment and submit their action taken reports within one month from the date of receipt of a copy of the report of the Joint Committee.
The reports be submitted by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
5. List for further consideration on 21.12.2022
6. A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the State PCB, Principal Secretary, Department of Civil Aviation, Lucknow and District Magistrate, Ayodhya by e-mail for compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM September 14, 2022 AG