The National Green Tribunal reviewed a report regarding NOIDA's failure to construct sewage and drainage lines in Sector-143, Noida, leading to sewage discharge. The Tribunal held the Authority's action inadequate and ordered future compliance with environmental norms.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. 1
Item No. 7
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Original Application No. 54/2020
(With report dated 29.11.2020)
Narendra Singh Chandel Applicant
Versus
New Okhla Industrial Development Authority & Ors.
Respondent(s)
Date of hearing: 03.12.2020
CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. NAGIN NANDA, EXPERT MEMBER
Respondent: Mr. Ravindra Kumar, Advocate for NOIDA Authority Mr. Daleep Dhyani, Advocate for UPPCB
ORDER
1
“ 5. That the treated sewage/domestic effluent from the said group housing society is being discharged into sewer line maintained by the Respondent No. 1. The sewer line network in the area is not fully operational yet, as the sewer line is not connected up to the terminal stage. The development work is going on and Respondent No.1 is in process of completing the sewer line network.
After approximate one km of distance from the discharge point of the said society in to the sewer line, some part of sewer line is not constructed up to the end disposal, hence the sewage is pumped through diesel mobile pump and dropped further in other sewer line across the road (Photograph enclosed as Annexure-3). The Diesel mobile pump sometimes fails to operate due to some mechanical problems and as result the sewer line overflows and sewage effluent spreads in road side area . Both the sewer lines are yet to be interconnected. At a distance of two km (Approximately) from the residential society, an intermittent pumping station (IPS) is being setup for pumping the sewage waste through pipe line to the STP situated and working in Sector-168, Noida for treatment and end disposal of the waste water (Photograph enclosed as Annexure4).
6. The park is situated in Sector-143, Noida approximate 500 meters of distance from Gulshan lkebana, GH-03A, Sector-143, Noida in the direction of the flow of the sewage in the sewer line and the sewer line end around 500 meter from the park, the sewer line is passing along the park. The strata level of the park is approximately 02 to 03 feet below the ground level and road side drain level. In the past it seems that the sewer effluent entered into the park due to which the approximately 10 trees dried but at present no discharge of sewer effluent into the park is found (Photograph enclosed as Annexure-5).
7. That at the time of inspection, a sample of effluent was collected from road side drain along with the boundary of the park. The sample was analyzed in the laboratory of Respondent No.3 vide the Analysis Report dated 06.07.2020 (The Analysis Report dated 06.07.2020 is enclosed as Annexure-6). The road side drain from M/s Gulshan Ikebana, GH-03A, Sector-143, Noida is constructed only up to 500 mt. in length. After that the road side drain is not constructed due to which the domestic effluent and overflow of sewer line spreads in the service road infront of M/s Gulshan Ikebana, GH-03A, Sector-143, Noida (Photograph enclosed as Annexure-7). The construction of road side drain currently undergoing (Photograph enclosed as Annexure-8).
8. The Respondent No.1 vide its letter no- Noida/ Project Engineer (Public Health-II)/2020/473 dated 07.07.2020 and letter no- Noida/Senior Manager (Water-I11)/2020/299 dated 06.07.2020, (Copy of the Letters dated 06.07.2020 & 07.07.2020 enclosed as Annexure-9(Colly.)) informed the Respondent No.3 that the pending construction work of sewer line will be completed by 30-08-2020.
2
9. The Senior Manager (Work Circle-8), Noida vide his letter no- Noida/ Senior Manager(Work Circle-8)/2020/702 dated06.07.2020 (Copy enclosed as Annexure-10) also informed the Respondent No.1 that the peripheral drain and other drains of Sector-143, Noida will be completed within 03 months. ”
3. The Tribunal observed as follows:
“4. It is clear from the above, that there is serious failure on the part of the NOIDA Authority with regard to management of the sewage and the drain outlet. The remedial action taken is too slow and inadequate.
5. Let further prompt action be taken failing which the CEO, NOIDA Authority will be held personally accountable for violation of the provisions of the Water (Prevention and Control of the Pollution) Act, 1974.
6. Let further action taken report be filed before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
“In compliance of the above order the following construction work has been done:
1. The construction of drains in Sector-143, Noida has been completed and now the water is flowing without any hindrance in the drains. Also near the drains, no water logging is appearing due to over flow of the drains. The letter No-Noida/WC-8/2020/1542 dated 02-11-2020 sent by Senior Manager, Work Circle-8, Noida Authority, Noida is enclosed here with as Annex-1.
2. The park situated in front of group housing pocket, Sector-143, Noida has been filled with earth and leveling of the park has been done. Also 120 new trees, 711 shrubs trees and green grass has been planted in the park. At present there is no water logging in the park. In this connection the letter No. Noida/DDH-3/2020/974 dated 05-11-2020 sent by Deputy Director Horticulture, Division-3, Noida Authority is enclosed as Annex-2.
3. The Senior Manager (Outer Ageney Jal), Noida Authority, Sector-05, Noida informed vide their letter no-Noida/Sr. Mgr. (Water-OA)/414/20 dated 23-11- 2020 (Annex-3) informed that the remaining sewer construction work in Sector-143, Noida has been completed due to which there is uninterrupted flow in the sewer line. Also the construction of Intermittent
3
Pumping Station (IPS)-2 is completed and commissioned. Internal sewer line of Sector-143, Noida is connected with Main Deep Sewer Line by Water Division-3 of Noida Authority.
The Project Manager, Construction and Design Services Unit45, U.P. Jal Nigam, Sector-51, Noida vide his letter no956/Noida-Greater Noida Express Way Sewer/11 dated 2311-2020 (Annex-4) informed that the sewer line from IPS-2 to MPS-1 has been cleaned upto 300 m length.
The application is disposed of.
Adarsh Kumar Goel, CP
S.K. Singh, JM
Dr. Nagin Nanda, EM
December 03, 2020 Original Application No. 54/2020 DV
4
2 issues framed by the court
Whether the New Okhla Industrial Development Authority failed to provide proper sewage and drainage lines in Sector-143, Noida.
Whether the remedial action taken by the Authority regarding sewage discharge into green belts was adequate.
1 provisions across 1 enactments
Narendra Singh Chandel
New Okhla Industrial Development Authority
Uttar Pradesh Pollution Control Board
Adarsh Kumar Goel
Sheo Kumar Singh
Nagin Nanda
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
