Dismissed

Chaudhary Ompal v. .

NGT6 Apr 2022Original Application No. 212/2020

Case brief

AI extract

What is this about?

This application addressed untreated industrial and sewage effluents polluting the Yamuna River and groundwater in Yamunanagar. The Tribunal noted a continued discharge of 66 MLD untreated sewage despite prior orders. It accepted the State's report on partial compliance and various remediation plans, directing adherence to proposed timelines and a subsequent compliance report.

What did the court decide?

Application disposed of with direction to adhere to timelines in the status report and file a compliance report by 15.08.2022.

Chaudhary Ompal vs . — Environment and Pollution | NGT (2022)

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Item No. 04

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(Court No. 1)

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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(By Video Conferencing)

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Original Application No. 212/2020

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(With report dated 04.04.2022)

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Chaudhary Ompal & Ors.

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Applicant(s)

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Versus

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State of Haryana Respondent

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Date of hearing: 06.04.2022

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CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Respondent(s): Mr. Rahul Khurana, Advocate for the State of Haryana & HSPCB

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ORDER

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Grievance in this application is against discharge of untreated industrial effluents at Village Hamidi, District Yamunanagar. The drain carrying the effluent is connected to Dhanaura Escape, Village Dabkoli, Indri, which finally joins Yamuna. The said discharge is contaminating the ground water. The foul smell is affecting the inhabitants and the public health. The chemical discharge is also affecting the cattle and the agriculture fields.

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Vide order dated 01.12.2020, an action taken report was sought from the State PCB and the District Magistrate, Yamunanagar. Accordingly, a joint report was filed by the District Magistrate,

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Yamunanagar and the State PCB giving the gap in generation of sewage and treatment capacity and acknowledging that untreated sewage is being discharged to the extent of 66 MLD into a drain which joins river Yamuna. The matter was last considered on 30.06.2021 in the light of the said report. The Tribunal found that there is failure of the State Authorities in performing their duty of preventing discharge of untreated sewage in drains/rivers which was resulting in pollution of river Yamuna in violation of earlier orders of this Tribunal. Accordingly, the Tribunal directed preparation of a comprehensive plan to bridge the gap in waste generation and treatment, in the light of directions already issued and also to have an effective mechanism to monitor compliance. The Tribunal further directed the Chief Secretary, Haryana to review the situation and take remedial action. Operative part of the order is reproduced below:

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“9. It is high time that the authorities at all levels, particularly at the higher of level of the Chief Secretary, accord high priority to the subject and come out with a comprehensive plan covering the entire State to ensure bridging of gap between the waste generation and waste treatment, in the light of the repeated directions of this Tribunal.

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10. This Tribunal constituted a Monitoring Committee comprising of former Judge of Punjab and Haryana High Court and a former Chief Secretary of the State whose term expired on June 30, 2021. Vide order dated 25.06.2021 in O.A. No. 360/2018, Shree Nath Sharma v. UOI & Ors., the term has been extended for six months. As shown by the said order, the stand of the State was that an effective alternative mechanism for monitoring of environmental issues has already been evolved and thus the Committee was unnecessary. However, the said mechanism can be held to be effective only when such issues are being efficiently tackled. Unfortunately, as against the claim of effective monitoring mechanism, serious violations of continuing nature throughout the State are being brought before this Tribunal.

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11. Accordingly, we direct the Chief Secretary, Haryana to review the situation and take remedial measures in the matter to uphold the rule of law and for protection of public health. A report of status of compliance on the subject may be furnished by the Chief Secretary, Haryana before the next 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. T he report may mention the status of interception of discharge of sewage and trade

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effluents into Ditch drain/Dhanaura escape and steps taken to prevent discharge of sewage into Yamuna or storm water drains/ canals, status of diversion of drains carrying sewage to the STPs and steps taken on review of working of department of Urban Development/Local bodies and the River Rejuvenation Committee on the subject.”

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In view of above, the Chief Secretary, Haryana has filed a report

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dated 04.04.2022 giving the status of water quality and flow in the catchment area of Yamuna River in Yamunanagar as well as data of generation and treatment of sewage and effluent. Relevant extracts from the report are:

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“2. Water Quality and flow of Dhanaura Escape.

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Yamuna Nagar falls in catchment of Yamuna River. There is one major drain, i.e., Ditch Drain which join Dhanaura Escape and carries effluent of Yamuna Nagar, Jagadhari and Radaur towns to River Yamuna. The water quality of the drain is monitored regularly and details of water quality, along flow of Dhanaura Escape since April 21, is given as under:-

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Parameters	Apr' 21	May' 21	Jun' 21	Jul' 21	Aug' 21	Sept ' 21	Oct' 21	Nov' 21	Dec '21	*Jan'* 22
Flow (in	75.9	405.0	78.4	102.	125	72.5	69	101	101	100
MLD)		4		9
BOD (mg/I)	14	60	23	60	40	6	3	24	18	12

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3. Estimation of sewage, treatment and compliance STPs

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The sewage of134.5 MLD generated in the towns of Jagadhari and Yamuna Nagar. The treated and partially treated effluent is released in to ditch drain which joins Dhanaura Escape and outfall in river Yamuna, in Karnal District.

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There are 6 STPs in Yamuna Nagar and Radaur. All STPs are complying with prescribed standards except Fecal Coliform. The details are as under:-

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*Sr.*	*Name of the STP*	*Quantum of*	*Collection*	*Latest*
*No.*		*sewage* *treated*	*date*	*compliance* *status*
1	20 MLD STP at Radaur Road, Yamuna Nagar by PHED	18	18.01.2022	Complying except Fecal Coliform

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2	25 MLD STP at Radaur Road, Yamuna Nagar by PHED	20	18.01.2022	Complying
3	10 MLD STP at Baddimajra, Yamuna Nagar by PHED*	8	18.01.2022	Complying except Fecal Coliform
4	24 MLD STP at Parwaloo, Jagadhri Yamuna Nagar by PHED	18.5	27.01.2022	Complying
5	10 MLD STP at BaddiMajra, Yamuna Nagar	2	Sample yet to under stabiliz	be taken as it is ation
6	3.5 MLD STP at Radaur	2	14.01.2022	Complying except Fecal Coliform
	*Total*	*68.5*

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Thus, the installed capacity of 7 STPs for Yamuna Nagar, Jagadhari and Radaur is 92.5 MLD but 68.5 MLD is reaching upto the STPs and is being released into Ditch drain/canals after treatment. The rest of 66 MLD is being released untreated into Ditch Drain. Further, HSPCB is in the process of initiating legal action against the defaulting officers having failed to operate STPs properly.

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4. Industrial Effluent Management.

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There are 210 industries in Yamuna Nagar which generate effluent of 24.5 MLD as per consent orders issued by HSPCB. Out of this, M/s Ballarpur Paper Mills was given consent for 18.8 MLD effluents. However, due to financial reasons, the industry is lying closed at its own since March, 2020. Therefore, only 5.7 MLD effluents are generated by the industrial units in Yamuna Nagar/Jagadhari. All the industries have installed ETPs and release the treated effluent into drains/sewer. The officers of HSPCB regularly monitor the industries. Action is taken against violating industries. The brief detail of action taken for the past 2 years is given as under:-

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• No. of units found violating	39
• No. of closure order issued against violating units	34
• Closure order under process (recently identified)	05
• No. of units where closure order suspended	01
• No. of units lying closed	33

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5. Under construction CETPs

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There are 17 water polluting industries situated in industrial area of HSIIDC in Manakpur (Yamuna Nagar), having effluent generation of 0.7 MLD and all this effluent dries up in sewerage network of industrial area. Now, 1 CETP of 3 MLD capacity is under construction at Manakpur, Yamuna Nagar. The construction work is in progress and is

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expected to be completed by 31 May 2022 and at present 85% work has been completed.

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Further, it has been decided that Public Health Engg. Department (PHED) to construct a CETP at Yamuna Nagar / Jagadhari and shall submit proposal regarding cost, funding, timelines and other interim measures for treatment of untreated effluent of 66 MLD.

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The PHED is preparing DPR for construction of 75 MLD CETP based on Sequencing Batch Reactor Technology through IIT Roorkee. The work has already been awarded to IIT Roorkee for preparation of DPR.

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6. Laying of sewerage in approved areas.

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The untreated sewage from various colonies of Yamuna Nagar/Jagadhari is being released into drains from approved areas. The action for laying of sewerage is under way. The sewerage network of 92410 meters was planned for remaining areas of Yamuna Nagar/Jagadhari and 92328 meters of sewer lines have already been laid which is 99.9% of total planned. The work is expected to be completed by 30 June 2022.The rising main line has been laid upto 14712 mtr. against the targeted length of 20797 mtr. and the balance rising main line is expected to be completed by 30 June 2022.

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7. Interception of sewage

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There are colonies in the town which are still unapproved and interception of sewage generated from unapproved areas is required with existing sewer lines to ensure the treatment of sewage in existing STPs. There are 12 locations in Yamuna Nagar Town wherein 19.25 MLD effluent was to be diverted for treatment in existing STPs and out of which 12.5 MLD of effluent has already been diverted at 8 locations. The balance, work for 4 locations is in progress. The details are as under:-

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Interception of sewage in Yamuna Nagar

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*Sl.* *No.* A. In	*Name of Location* terception work in progress	*Quantum* *of sewage* to be *diverted*	*Timeline*	*Latest status*
1	*Old* *Hamida,* Near Sahanpur village	2	*June-22*	Work for construction of IPS was started but the work was stopped by local residents and now work in progress and will be completed upto 30.06.2022

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2	*Nallah*coming from railway workshop to JorianGurud waraRadaur road Nallah falling into*Ditch* *Drain*	1.25	*April-22*	*The* *work* *for* *construction*of 3 MLD*IPS*civil work completed and electrical and mechanical work is in progress at site.The work will be completed by 30.04.2022.
3	*Darwa* *village Dairy* Complex	*1.5*	*Mar-22*	The matter was discussed *with* *PHED, it has been* *intimated by the* *PHED,* *Yamuna* *Nagar,* *that* *separate STP may* *be constructed for* *dairy complex for* *primary treatment* *andthereafter be* *permitted* *into* *sewer* *line* of PH *Approximate time of* *2 years is required* *for* *providing* *and* *constructing of STP* *etc as suggested.* As a *tempo* *arrangement,* *the* *100% cow dung is* *being lifted by the* *MC, Yamuna Nagar* *and* *collected* at *another* *site.* *Remaining* *waste* *water of dairy if* *any,* is *being* *collected* in *the* *tanks* *and* *'only* *overflow'* is *disposed* of *into* *WJC.*
4	*Near* *Hamida* *Head*	2	*June-22*	*Work* is in *progress and the* *work* of *Panel* *room is also in* *progress* *and* *work* *will* be *completed* *upto* *30.06.2022.*
	*Total*	*6.75*
*B. I*	*nterception work already*	*completed*
5	*Yamuna Gali*	1	*Mar -21*	*Work Completed*
6	*Jindal Park*	*1.5*	*Mar -21*	*Work Completed*
7	*Mamidi* *village* *storm* *water to be connected*	3	*Mar -21*	*Work Completed*

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	*ditch drain*
8	*Shanti colony*	*1.5*	*Mar -21*	*Work Completed*
9	*Azad Nagar*	*1.5*	*Mar -21*	*Work Completed*
10	*Buria and Dyalgarh*	*2.5*	*Mar -22*	*Work Completed*
11	*Main Nala coming from* *Jagadhri YNR*	*0.5*	*Mar -22*	*Work Completed*
12	*Near* *Yamuna* *Birdge* *Naya* *Gaon* *Village* *(Parwaloo STP)*	1	*Mar -22*	*Work Completed*
	*TOTAL*	*12.5*

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9. Septage Management in Yamuna Nagar

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The Urban Local Bodies Department has issued a policy for registration of tankers in each Municipal Corporation for lifting septage which cannot be taken to STPs through pipes and putting it in existing STPs for treatment. The tankers have been registered in MC Yamuna Nagar. These are being monitored on monthly basis and detail of sewage transported for year 2021-22 is given as under:-

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No. of Month wise quantum of sewage disposed off STP No. of viol Action taken
private/ though ations for violations
Govt. tankers (In MLD ) observed of Septage
Tankers so far. management
p olicy (FIR/
Ap r, M ay, Jun, Jul, Au g' Se pt, Oc t, No v, De c, Jan, Feb,
prosecuted/
21 21 21 21 21 21 21 21 21 22 22
EC
imposed/EC
collected)
MC Yamuna
Nagar
0.6 0.6 0.7 0.6 0.7 0.7 0.7 0.6 0.6 0.72 0.69 nil
8/0 9 9 8 5 9 2 nil
MC Radaur
2/0 0 0 0 0 0 0 0 0 0 .035 .035 nil Nil
0.72 nil
10/0 0.69 0.69 0.7 0.680.75 0.7 0.70.69 0.69 0.75 Nil
5 5

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10. Status of treatment plants in villages- Yamuna Nagar

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The State of Haryana has also prepared action plan to address pollution coming from villages. The sewage from villages are to be treated through 3/5 pond system and the treated water is to be used for Irrigation so that it may not find way to Rivers/Canals. The progress of various village projects is given as under:-

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•	Population of villages involved	88183
•	Quantum of effluent generated (in MLD)	7.54
•	No. of projects proposed as per action plan	57
•	No. of projects sanctioned	57

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• No. of projects completed 38

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• No. of projects is in progress 19

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These projects are expected to be completed by 30 June 2022.

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11. Installation and maintenance of Online Monitoring Devices system for STPs.

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The HSPCB is monitoring the data of pollution parameters of the treated effluent from the STPs/industries. The State Pollution Control Board has imposed conditions for display of data of OMDs in the consent to operate granted to the STPs/industries. The data is being monitored and co-related with physical results for all STPs/industries. The results of Online Monitoring Devices are being displayed in public domain at link http://www.hspcbcems.nic.in/public

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12. Review by RRC and Chief Secretary.

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In compliance of NGT orders, the State Govt. constituted River Rejuvenation Committee (RRC) on 08.11 2018. Regular review/meetings are being held and the issues are presented before Chief Secretary RRC. In recent past, review meetings were held by RRC on 21.11.2018, 14.12.2018, 24.12.2018, 22.01.2019, 04.04.2019, 01.05.2019, 31.05.2019, 08.07.2019, 05.11.2020, 28.04.2021. Besides, review at the level of Chief Secretary have been held on 22.11.2018, 03.01.2019, 25.04.2019, 29.08.2019, 22.10.2019, 20.12.2019, 05.02.2020, 13.03.2020, 22.06.2020, 17.07.2020, 06.08.2020, 08.09.2020, 12.02.2021, 02.08.2021, 17.09.2021, 02.11.2021 and 08.12.2021. The proceedings of each meeting are being uploaded on website at link https://www.hspcb.gov.in/yamuna. The Concerned Departments are Impressed upon to complete/expedite their individual action plans.

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13. Conclusion:

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I Untreated Waste Water of 66 MLD is being released into Ditch Drain and accordingly 75 MLD CETP is proposed to be constructed for the treatment of this effluent. This work shall be taken on priority in coordination with PHED and IIT Roorkee.

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II. HSPCB is taking action against the violating industries and so far Closure action has been taken against 34 units.

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III. The sewerage lines are being laid and effluent is being diverted and conveyed to the STPs from approved and unapproved areas both.

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IV. The treatment systems for effluent/sewage are being set up in villages also so that their effluent though small may not pollute the water bodies/drains.

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V. The results of monitoring of the river/drains show that there is an improvement in the water quality during the implementation of action plans.

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It is humbly submitted that for preparing the requisite report, monitoring data was required from the State Pollution Control Board. Further, deliberation with other concern departments with reference to action plan, its execution and other related issues were also required for which review meetings were held with the respective department. Thereafter, the present status report has been prepared incorporating the latest ground position. In this process considerable time has been consumed. It is, therefore, prayed that delay in filing the present status report may kindly be condoned and same may kindly be taken on record.”

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It is evident from the report that 66 MLD of untreated sewage is still being discharged into drain meeting river Yamuna. STPs are not meeting Fecal Coliform standards. Out of 92.5 MLD installed treatment capacity, only 68 MLD is currently used in absence of connectivity of sewer system. STPs need to have sewage utilisation plan through bulk users like power plants and industrial associations. The Tribunal vide order dated 09.03.2022 in OA No. 29/2020(WZ), Suraj Pradip Ajmera vs. Aurangabad Municipal Corporation directed as follows:

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“10. During the hearing, suggestion has emerged that an interaction be held at the level of Chief Secretary, Maharashtra with inclusion of Secretary, Urban Development, Maharashtra and Technical Experts as may be decided by them including from IIT, Bombay, Regional Officer, CPCB and Member Secretary, State PCB to consider possibility of laying pipeline upto the industrial area for transporting treated sewage to the industrial areas so that the same can be utilized for industrial purpose. Industries Association may be associated in the project of sewage treatment and can bear a part of the cost out of Corporate Social/Environmental Responsibility, depending upon the financial capacity of the member industries. This may result in a permanent and longlasting cheaper solution. If successful, this experiment may be tried appropriately at such other locations in the State as found appropriate and also customized different locations. The Committee may also study such models elsewhere in the country which reportedly have been successful. The Committee may also

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consider any other viable strategies for sewage treatment and interception and diversion of sewage, use of appropriate effective and economical technology, making group housing societies Zero Liquid Discharge (ZLD) by recycling treating sewage, after treatment in decentralized manner and utilizing the treated sewage for horticulture, flushing, cleaning or other non-drinking purposes. This strategy may help in augmenting availability of potable water particularly in drought affected areas of Aurangabad Region in Maharashtra where potable water had to be transported by trains in the past. The Secretary, Urban Development may act as nodal agency who may call for a meeting within one month.”

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In view of above, we dispose of the application with the direction that all necessary steps be taken to prevent pollution. The timelines proposed in the report may be adhered to and status report of compliance as on 31.07.2022 be filed with the Registrar General of NGT by 15.08.2022. If found necessary, the R.G. may place the mater before the bench for any further direction.

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Subject to above, the application is disposed of.

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Adarsh Kumar Goel, CP

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Sudhir Agarwal, JM

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Arun Kumar Tyagi, JM

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Prof. A. Senthil Vel, EM

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Dr. Vijay Kulkarni, EM

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Dr. Afroz Ahmad, EM

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April 06, 2022 Original Application No. 212/2020 DV

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Chaudhary Ompal v. .

Case brief

What is this about?

What did the court decide?

Chaudhary Ompal v. .

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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