The Tribunal disposed of an application alleging illegal construction of sewage lines and encroachment of public land. A joint committee's report found no evidence of unauthorized sewage lines, encroachment, or environmental violations on the site.
No adverse action required; case disposed of based on joint committee report.
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.
Item No. 04
BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.33/2021 (CZ)
Rishikesh Vihar Welfare Society & Ors. Applicant (s)
Versus
State of Madhya Pradesh & Ors. Respondent(s)
Date of hearing: 16.12.2021
CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : None For Respondent(s) : Mr. Sachin K.Verma, Adv. Ms. Gunjan Chowksey, Adv. Ms. Parul Bhadoriya, Adv.
ORDER
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construction of sewage line and discharge of untreated water / sludge water into the public land.
2. GPS location of the site is recorded using a mobile-based GPS application. The location of Gayatri Vihar, Phase 1, Rishikesh Vihar colony and places visited by the committee are marked on the Google Map and photographs taken during the inspection.
4. During visit, Rishikesh Vihar Welfare Society representative informed that the Gayatri Vihar, Phase 1 residents were intended to lay down an open sewage line from the land located in front of their Rishilesh Vihar Colony. They have shown the area to the committee. The area shown by the Rishikesh Vihar Welfare Society representative (Petitioner) is approx 70 meters away from Rishikesh Vihar colony and approx 300 meters away from the Gayatri Vihar, Phase 1 colony septic tank.
5. Committee inspected the area during the visit and found that a RCC road is passing through this area and connecting it to Bagmugaliya - Katara road. Committee has not found laying of open sewer line in the area and no excavation for laying of sewer line is observed. Also, no flow of treated or untreated sewage observed during the visit in that area. JCB machine was also not seen in the locality.
6. Committee visited the Gayatri Vihar, Phase 1 colony and observed that a septic tank / soak pit is provided at the middle of the colony inside a park. The park is surrounded by a road and then by residential plots. No drain is found passing across the road from
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the septic tank. The size of the septic tank is approx. 20 feet x 15 feet and depth of 8 feet. No overflow of sewage from septic tank is observed and no drain is observed connecting to any open drain from the septic tank.
7. The resident of the Gayatri Vihar, Phase 1 colony informed the committee that there are around 70-74 houses in the colony. The colony was established in Year 2002 as plotted development project with area of around 6.00 acre. Presently the colony maintenance is being carried out by the resident welfare society.
8. Committee visited the area around the Gayatri Vihar, phase I colony and found that it is a covered colony and no drain of sewage found outside the premises.
9. Committee also visited the Rishikesh Vihar Colony and the covered colony has provided one septic tank for around 40 houses.
10. In view of above points the committee has not found unauthorized, illegal construction of open sewage line for discharging untreated water/sludge in the Government/private land in the area.”
Sheo Kumar Singh, JM
Arun Kumar Verma, EM
16th December, 2021 OA No. 33/2021 (CZ) K
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Rishikesh Vihar Welfare Society & Ors.
State of Madhya Pradesh & Ors.
Sheo Kumar Singh
Arun Kumar Verma
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
