Allowed

Amit Kishore and Ors. v. Uttar Pradesh Pollution Control Board

NGT22 May 2024IA No. 705/2023 in Original Application No. 287/2022

Case brief

AI extract

What is this about?

Applicant sought restoration of borewells in neighborhood parks affected by TTW closure, alleging parks are beyond 5km of STPs and rely on groundwater for greenery. Tribunal directed DJB to supply treated water via tankers, prepare DPR, and execute pipeline network with Phase I completion by 30.06.2025.

What did the court decide?

DJB directed to supply treated effluent via tankers for maintenance of parks and prepare detailed project report for pipeline network execution with Phase I completion by 30.06.2025.

Amit Kishore and Ors. vs Uttar Pradesh Pollution Control… — Environment and Pollution | NGT (2024)

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(Court No. 2)

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Item No.01

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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(Through Physical Hearing with Hybrid VC Option)

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Original Application No.295/2022 (I.A. No. 750/2023)

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1. Mr. S.R. Sangar

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Secretary General, Federation of Indraprastha Extension Housing Societies, 71, Kiran Vihar, New Delhi-110092 Phone :- 98188704889 …Applicant

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Versus

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1. Govt. of NCT of Delhi,

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Through Director Horticulture, Government of New Delhi, Delhi Secretariat, IP Estate, New Delhi Phone +91-11-23392100, 23392101. Email Address: [email protected].

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2. The Commissioner, Municipal Corporation of Delhi Dr. S.P. Mukherjee Civic Center, JLN Marg, New Delhi- 110002. Email Address: [email protected] / [email protected]

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3. Vice Chairman, Delhi Development Authority

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4, Mahatma Gandhi Road, IP Estate, New Delhi, Delhi 110002. Email Address: [email protected].

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4. District Magistrate (Shahdara) Delhi, L.M. Bundh, Shastri Nagar, Delhi-110002.

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5. Central Ground Water Authority, Jamnagar House, 18/11, Man Singh Road Area.

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6. Delhi Pollution Control Board,

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Room No. 306, 3^rd Floor, Varunalaya Ph-II, Jhandewalan, Karol Bagh, New Delhi-110005. …Respondents

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Counsel for Applicant:

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Mr. Pratap Singh, Advocate for Applicant.

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Counsel for Respondents:

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None for Govt. of NCT of Delhi.

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None for CGWA.

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Ms. Richa Kapoor and Ms. Shisham Pradhan, Advocates for DJB.

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O. A. No. 295/2022 S.R. Sangar Vs. Govt. of NCT of Delhi -2-

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Mr. A. Anbarasu, IAS, CEO, Mr. Gajender Tomar, Chief Engineer and Mr. Anil Bharti Superintending Engineer, DJB.

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Ms. Puja Kalra, Standing Counsel and Mr. Virender Singh Advocate for MCD.

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Mr. Rajit, ADH (Horticulture) for MCD.

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None for District Magistrate (East)

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Ms. Kritika Gupta Advocate for DDA (Through VC).

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Mr. Narender Pal Singh, Advocate for DPCC.

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PRESENT:

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HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Judgment Reserved on:- 20.12.2023 Judgment pronounced on :- 22.05.2024

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Application is registered based on a complaint received by Post.

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Judgment

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Mr. S.R. Sangar, Secretary General, Federation of Indraprasth Extention-II Housing Societies has sent the present Letter Petition, which has been treated and registered as O.A. No. 295/2022.

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The applicant has complained that there are 13 neighborhood parks which have been transferred to the EDMC from the DDA. 473 borewells/tubewells have been closed by the Horticulture Department under orders of this Tribunal and letters number F/DJB/CE/SDW/S&E/2020/4089 dated 28.11.2020 and

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DOH/DDH/EDMC/2021/D-703 dated 02.03.2021 issued by Delhi Jal Board. The above said parks are located beyond 5 kms of the two STPs in Yamuna Vihar and Kondli and the claim of the EDMC that all these parks are within 5 kms of the 2 STPs is not correct. These parks are the lungs of the societies and closure of borewells/ tubewells has adversely affected the environment of

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the area in which AQI is high throughout the area. The applicant has

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O. A. No. 295/2022 S.R. Sangar Vs. Govt. of NCT of Delhi -3-

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accordingly prayed for restoration of the borewells/tubewells as a special exception for development and maintenance of the parks in the neighborhood. The relevant part of the letter petition enumerating grievances of the applicant is reproduced as under:-

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“Subject: RESTORATION OF BOREWELLS & DEVELOPMENT OF NEIGHBOURHOOD PARKS IN COOPERATIVE HOUSING SOCIETIES

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Sir,

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I enclose is a copy of the Mail sent by Federation , on the subject mentioned above. We shall be grateful if you kindly have our request considered in the right perspective and get suitable directions issued for the restoration of Borewells and development of Parks in Wards E-18 & 20 as per the directions of the Delhi High Court of 6^th May 2015.

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Enclosure

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RESTORATION OF BOREWELL & DEVELOPMENT OF NEIGHBOURHOOD PARKS IN COOPERATIVE HOUSING SOCIETIES

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This is the foremost and the BEST BHAGIDARI AWARD WINNER FEDERATION of Delhi. This Federation in District Shahdara comprise 26 Cooperative House Building Societies, 9, Group Housing Societies and LSCs & CSCs of the area. The Societies belong to the Central, State Government and PSU Officers. In 1950s, when private colonies were being developed, Bombay Cooperative Societies Act 1925 was extended to Delhi and Undeveloped land was acquired by the then Ministry of Urban Development.. 87 Societies of Central, State Government and general public then registered in 1960s were offered land in Pritampura and Shahdara Zones. . The 26 Societies of Central and State Government Officers purchased land in Shahdara Zone from the then Delhi Administration under the orders of Ministry of Urban Development letter No. 7-1(5)/69/UD dated 27th June 1970.. These Societies were developed in 1980s aril' land earmarked for residential plots, Parks, LSCs, CSCs, Educational Institutions.etc. . The Set Back-cum-Demarcation Plans of the Societies were approved by the DDA on payment of peripheral and arboriculture charges.

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After development and payment of Iakhs of rupees as deficiency charges to the MCD, more than 50% of the developed land other than the residential plots reverted back to the Government. With the promulgation of Delhi Development Act 1981, the entire land was handed over to the DDA . Whereas land earmarked as Neighbourhood Parks continued to be maintained by the DDA, for Societies residents, the remaining land was sold at high price to builders without any compensation to the Societies. There are 13 Neighbourhood Parks. Four of these Parks (Kiran Vihar, Dayanand Vihar, New Ashoka Niketan and Law Apartments) have since been transferred to the EDMC from the DDA. It is observed that Borewells Tubewells in these Parks have been removed under the orders of the National Green Tribunal read

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O. A. No. 295/2022 S.R. Sangar Vs. Govt. of NCT of Delhi

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with Delhi Jal Board letter
No.F/DJB/CE/SDW/S&E/2020/4089 dated the 28th
November 2020. EDMC as per their letter
No.DOH/DDH/EDMC/2021/D-703 dated the 2nd March 12021
has also informed all concerned that the Horticulture Department
has closed 473 Nos of Borewells/Tubewells ( including four of
Federation Societies -Kiran Vihar, Dayanand Vihar, Law
Apartments and New Ashoka Niketan) within the radius of 5
Kms from the existing STPs at Yamuna Vihar and Kondili.

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EDMC is not correct to say that all these Parks are within 5 KMS of the two STPs. Societies under this Federation and 13 NHPs are in Ward E-18 and one in E-20. These are not only an integral part of the Societies but these are more than 5 Kms of the two STPs in Yamuna Vihar and Kondli. The four NHPs with the EDMC are for the residents Dayanand Vihar, Hargobind Enclave, Law Apartments, Gitanjali Apartments, AGCR, Kiran Vihar, Rishabh Vihar, Manak Vihar, New Ashoka Niketan, Vigyan Lok, Gharonda, Vivek Apartments, etc.These Parks are lungs of Societies, and the closure of Borewells has adversely affected the environments of the area in which AQ is high throughout the year as:

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'(i)East Delhi has more than 1/3rd population of Delhi, (ii)There are large unauthorised colonies and haphazards constructions without basic facilities

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(iii)The Societies are surrounded by villages and slum area like Karkardooma, Arya Nagar, Indira Puram, Bhikamsingh Colony , Sanjay Amar Singh Colony, JJ Clusters in Anand Vihar and Raja Surajmal Marg Road etc

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(iii) There are three big sewerage drains Shahdara Drain, Dilshad Garden Drain and Vishwas Nagar Drain (iv) There are large illegal factories in Shahdara & Jhilmil area.

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No doubt there is shortage of water, it will be appreciated that these Parks are an inbuilt complex of Societies and used by Super Senior Citizens and Children of the area. If these Parks remain undeveloped and without greenery the money spent by the Societies towards purchase of this land will be infructuous. The non-development of these Parks will also attract : (a) High Court of Delhi Orders of 6th May 2015 in the case No.W.P.(C) No.2345/2014 and CM No. 5406/2015 (of Amicus Curiae for directions) forwarded by the Chairman Delhi Commission For Protection of Child Rights, Government of Delhi to the Federation ,under letter dated 23rd September 2015 (b) South Delhi Municipal Corporation Horticulture Department letters NO.DDH/HQ/SDMC/2015-16-115 dated 5th May 2015 read with letter No. DDH/HQ/SDMC/2014-15/207 dated the 3rd May 2015. In the light of peculiar circumstances of the Parks of these Societies, we shall be grateful if the Borewells are restored in all the Parks in this area as a special exception and the development of these parks continued.”

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Vide order dated 05.05.2022, this Tribunal constituted a Joint Committee comprising of CGWA, DPCC, Commissioner, EDMC, Director Horticulture, Government of NCT of Delhi and Deputy Commissioner, East

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O. A. No. 295/2022 S.R. Sangar Vs. Govt. of NCT of Delhi

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Delhi and directed the same to submit factual and action taken report within

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two months. The relevant part of the order is reproduced hereunder:-

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“ In view of the averments made in the present letter Petition, it would be appropriate to have a factual and action taken report from a Joint Committee comprising of CGWA, DPCC, Commissioner, EDMC, Director Horticulture, Government of NCT of Delhi and Deputy Commissioner, East Delhi. The Joint Committee may meet within four weeks, undertake site visits, look into the grievances of the applicants and take requisite action by following due process of law. Factual and action taken report shall in particular cover the material aspects whether parks in question are situated within 5 kilometers of 2 STPs established; whether arrangements have been made for supply of treated sewage water for gardening in the above said parks; justification for closure of the tubewells/borewells and necessity for restoration of any of the tubewells/borewells inconformity with the directions given by Hon’ble Supreme Court and this Tribunal in similar matters. DPCC will be the nodal agency for coordination and compliance. Factual and action taken report may be furnished 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… ”

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In compliance thereof, Mr. P. S. Pankaj, Senior Environmental Engineer, Delhi Pollution Control Committee has filed Action taken Report vide email dated 11.07.2022 along-with the Inspection Report of the Joint Committee which inspected the parks on 02.06.2022. Relevant part of the Inspection Report is reproduced as under:-

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“In	*spection R*	*eport.*
X	X	X	X	X	X
S. *No.*	*Parking* *Society*	*N. of Parks* *(Maintaine* *d by)*	*No.of Borewell* & *Current Status*	*Supply of Water* *in Park*	*Park* *Condition*
1.	Law Apartment	1 EDMC	1 Sealed	Supply of treated water from Kondli STP	Satisfactory greenery found
2.	Kiran Vihar	3 EDMC	1 Sealed	No proper supply of water	Poor condition
3.	Shanti Vihar	1 EDMC	1 Working	Supply from tubewell	Good condition

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O. A. No. 295/2022 S.R. Sangar Vs. Govt. of NCT of Delhi

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4.	Bahubali Enclave	4 EDMC	2 borwell defunct 1 Working	EDMC mobile tankers	Good condition 1 Satisfactory 3
5.	Dayanand Vihar	6 EDMC	6 Working 1 Defunct	Supply from tubewell	Good condition
6.	Karkardooma	1 EDMC	1 Sealed	Storage tank	Poor condition
7.	Saini Enclave	Nil-EDMC 3 Society	1 Working	Supply from tubewell	Good condition
8.	Ashoka Niketan	1 EDMC	1 Working	Supply from tubewell	Good condition
9.	Manak Vihar	2 EDMC 1 DDA	2 Working	Supply from tubewell	Good condition
_10. _	Yojna Vihar	9 EDMC	6 Working	Supply from tubewell & tanker from EDMC	Good condition
_11. _	Savita Vihar	2 EDMC	2 Working	Supply from tubewell	Good condition
_12. _	Anand Vihar	20 EDMC	14 Working 2 Non - Working	Supply from tubewell	Good condition
_13. _	Surajmal Vihar	12 EDMC	13 Working 1 Defunct	Supply from tubewell	Good condition

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2. All the parks in 13 societies were inspected by the Joint Committee and checked the radial distance from Kondli STP and Yamuna Vihar STP, It had been identified that but of all the parks, only one park (Dayanand Vihar, one of the sic Parks) was found within a 5 KM radius of the Kondli STP which is in good condition. The remaining parks were found beyond the 5 KM radius of both mentioned STPs.

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3. Three numbers of borewell were found sealed in three societies viz. Law Apartment, Kiran Vihar and Karkardooma park out of which park at law Apartment is being maintained with treated water from STP and is in good condition rest of the parks in poor condition.

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4. There is no arrangement of water supply in the said 2 societies’s parks out of 3 societies’s park in which borewell were sealed.

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5. Since all the 3 society’s parks where borewell were sealed are located beyond 5 kms of radial distance from both STPs.

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The Joint Committee recommends de-sealing of borewell for maintaining in park with prior permission from NGT and other statutory bodies. Till then EDMC and DJB should make necessary arrangements for supply of water for maintaining greenery in parks.”

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The relevant part of the Action Taken Report filed on behalf of DPCC

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reads as under:-

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“ ACTION TAKEN REPORT ON BEHALF OF DELHI POLLUTION CONTROL COMMITTEE WITH RESPECT TO ORDER DATED 05.05.2022.

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X X X X X X

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The joint committee checked the radial distance from kondli STP & Yamuna vihar STP, (nearby STPs being operated by Delhi Jal. Board). Copy of the inspection report dated 02.06.2022 is enclosed herewith as ANNEXURE-1.

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3. The aforesaid joint inspection, inter alia, reveals:

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a) Only one park (Dayanand Vihar ) was found within a 5 km radius of the Kondli STP. b) Other parks were found beyond the 5 Kms radius of both STPs. c) 03 borewell were found sealed in 3 societies i.e. Law Apartment, Kiran Apartment and Karkardoma Society. All these three societies parks are located beyond 5 kms of radial distance from both STPs.

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d) Park at Law Apartment is being maintained with treated water from STP and is in good condition. There is no arrangement of water Supply in other two Societies Park i.e. Kiran Apartment and Karkardoma Society. e) Other 10 society's parks are being maintained by EDMC. Out of 10 societies, 8 societies were being maintained through borwells/ tubewells.

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f) The joint committee recommends de-sealing of borewell for maintaining the park with prior permission from the Hon`ble Green Tribunal/ & other statutory bodies. Till, then EDMC & DM should make necessary arrangement for supply of water for maintaining greenery in parks.

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4. That, the Hon'ble High Court of Delhi passed order dated 06.05.2015 in WP(C) 2345/2014 titled as, "Court on Its Own Motion vs Union Of India: Ministry of Urban Developments & Others" regarding deplorable state of affairs in the Children Park . Operative portion with respect to parks is as under:

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…..(III) each of the agencies concerned within whose territorial jurisdiction / domain any of the parks / children parks fall, to prominently display the policy aforesaid on their respective websites as well as at all

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O. A. No. 295/2022 S.R. Sangar Vs. Govt. of NCT of Delhi

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_parks/children parks, together with the designation of the officer so nominated for implementation thereof and from time to time also display the name of the officer occupying the said post and the telephone number(s), email address(s) and address, where grievances / complaints with respect to the implementation of the policy can be lodged, along with the address, email address(s) and telephone number(s) of DCPCR to which grievances of non-redressal of the complaints can be made;

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(v) DCPCR, to actively concern itself with the maintenance and upkeep of all children parks in Delhi, in accordance with the policy aforesaid and to from time to time have the parks inspected and to suggest to the governmental agencies concerned the steps to be taken for improvement thereof and to either on its own or on receipt of any complaint of failure to maintain the parks in terms of policy, enquire into same and take consequent action including of identifying the erring / guilty officials and reporting the same for appropriate administrative action....”

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5. That, the issue of 5 kilo meters from STP arises out from the order dated 11.09.2019 passed by this Hon'ble Tribunal in OA 6/2012 i.e. "Manoj Mishra vs Union of India and Others". Relevant portion, on the issue may be read as under:

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X. Use of treated waste water:

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DJB uses only 90 MGD of treated waste water against 500 MGD of waste water treated at its 35 operational STPs. This is only 18% utilisation of treated waste water. The MC had highlighted that some of the treated waste water is of very good quality with BOD as low as 5-6 mg/L. Not utilising this water results in wasteful expenditure besides wasting a scarce natural resource treated at a very high cost of about Rs 11.90 per KLD (as per the information furnished by DJB,). MC had asked the DJB and the Park owning agencies like the DDA, DMC and PWD to use treated waste water from STPs for all the parks within 5 Km radius of STPs and authorities, despite DJB having pursued the matter with the DMCs, DDA, PWD and others. The DJB has now reported to NGT that it has done the following:

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I) Plotted all the Parks located within 5 Km radius of all the DJB STPs and shared details with the Park Owning agencies.

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II) Installed filling points at all the STPs for tankers lifting water. Notices issued to DDA, NDMC, All DMCs, CPWD, DMRC, PWD, DSUIB to submit ATR for utilisation of treated waste water failing which Advisory Committee shall be asked to seal the bore wells.

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6. That, the Delhi Pollution Control Committee issued a letter dated 20.6.2022 to DM(Shahadara) in view of the recommendation of the joint inspection committee to take necessary action as per the recommendation of the joint

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committee. DPCC issued letter to Additional Chief Engineer, Delhi Jal Board with the request to provide treated STP water in all the parks to maintain greenery. Copies of the letters dated 20.06.2022 are enclosed herewith as ANNEXURE-2 (Colly) ”

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Vide order 28.07.2022 notices were ordered to be issued to Central Ground Water Authority, the Delhi Jal Board, Director (Horticulture), Government of NCT of Delhi, Commissioner, Municipal Corporation of Delhi and District Magistrate (East), Government of NCT of Delhi requiring them to file their response/reply to the allegations made in the application/observations made in the report of the Joint Committee within two months.

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In compliance thereof, Mr. Syed Khaja Mohiddin, Head of the Office, CGWB has filed response to the observations made in the report of the Joint Committee vide email dated 20.09.2022. CGWB has submitted in the response that CGWA is not regulating the ground water extraction in NCT, Delhi and DJB/District administration is responsible for taking action against the illegal extraction of ground water and that making necessary arrangement for water supply to the parks is the responsibility of EDMC and DJB.

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Reply/response has been filed by the DPCC vide email dated 17.01.2023. The relevant part of the reply/response filed by DPCC is reproduced below:-

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“ RESPOSE ON BEHALF OF DELHI POLLUTON CONTROL COMMITTEE (RESPONDENT NUMBER-2) IN COMPLAINCE TO THE ORDER DATED 31.10.2022.

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5. That, subsequent to above mentioned order, DPCC has issued a reminder letter dated 14.12.2022 to DJB, with the request to provide treated water in all the parks to maintain greenery and provide a detailed compliance report within 15 days. Copy of the letter dated 14.12.2022 is enclosed herewith as ANNEXURE-R-2/1.

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6. That DPCC has also issued a letter dated 14.12.2022 to DM(Shandara), with the request to take necessary action as per recommendation of Joint Committee and provide a detailed compliance report within 15 days. Copy of the letter dated 14.12.2022 is enclosed herewith as ANNEXURE-R-2/2.

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7. That DJB has submitted a reply on 27.12.2022 with respect to letter of DPCC dated 14.12.2022. In the letter, it was mentioned that:

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(a) DJB is not the owner of any of park, out of 13 parks which were inspected by the joint Team.

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(b) As per the policy of the Delhi Jal Board, DJB can provide treated water on following conditions as under:"The existing rate of Rs. 7/KL shall continue to be applicable for supply of treated effluent to all the agencies/ consumers who lift the treated effluent from the filling points of Delhi Jal Board at its STPs or from already laid DJB infrastructure"

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DJB also provided copy of the letter addressed to Deputy Director, Horticulture (EDMC) for engaging tankers to collect treated effluent from any of the Sewage Treatment Plants situated at Kondli or Yamuna Vihar as per the policy of Delhi Jal Board mentioned above.

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Copies of the letter dated 27.12.2022 submitted by DJB are enclosed herewith as ANNEXURE-R-2/3 (Colly).

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8. That the Chief Secretary, Delhi has taken a meeting on 04.10.2022 to monitor/ review the progress in respect of Action Points various Projects related to control of pollution in river Yamuna in Delhi in Compliance to the orders of Hon'ble National Green Tribunal in OA No. 673/2018 entitled as :"News Item Published in The Hindu' Authored by Shri. Jacob Koshy Titled "More river stretches are now critically polluted: CPCB". On the issue of use of treated waste water, following is mentioned ....7. Utilization of Treated Wastewater It was informed by LJB that 90 MGD of treated STP water is being used in Horticulture, in varius parks in Delhi including Millennium Park in LP Estate, Japanese Garden in Rohini & various parks in NDMC area, DTC Depots and PPCL. 70 MGD is proposed to be used as raw water at Palla afier tertiary treatment (Cost of the Project is Rs. 1100 Crores) at Coronation Pillar STP (BOD < 03 mg/l) and for this project Govt. of India has already given approval. The project is based on Hybrid Annuity Model and cost sharing is 60% by Central Govt. and 40% by Delhi Govt.

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CEO, DJB opined that there should be ban on use of ground water/fresh water in construction activities to promote use of treated STP water. It was also informed that in Central Vista Project, treated STP water has been used. NDMC has asked for additional water from DJB and the matter is under process. Chief Secretary suggested that Revenue Deptt. should permit extraction of ground water from the areas having high water table for augmentation of the water supply in Delhi. Divisional Commissioner informed that Revenue Deptt. has already sent a report in this regard to the Environment Deptt. for their comments. After detailed deliberations, following directions were given by Chief Secretary: (i) DJB will maximise the use of treated STP water including use in Golf Course and supply good quality treated STP water for use in construction projects.

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(ii) UD Deptt. to call a separate meeting with Departments / Agencies involved in construction activities for promoting use of treated STP water in construction projects in Delhi. Copy of the Minutes of meeting dated M.10.2022 is enclosed herewith as Annexure R-2/4.

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9. That in view of the above, suitable direction may be issued to Commissioner MCD, Director Horticulture and Delhi Jal Board to take necessary action for use of treated waste water from near by Sewage Treatment Plants.”

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Status report has been filed by the Municipal Corporation of Delhi vide

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email dated 23.01.2023. The relevant part of the reply/response filed by

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Municipal Corporation of Delhi is reproduced below:-

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“ STATUS REPORT IN THE SHAPE OF AFFIDAVIT ON BEHALF. OF MUNICIPAL CORPORATION THROUGH ITS DEPUTY DIRECTOR (HORTICULTURE), SHAHDARA (SOUTH) ZONE, MUNICIPAL CORPORATION OF DELHI. X x X X

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5. That, the park in question(s) was inspected by the concerned official of the Horticulture Department on 20.01.2023. The present status of the parks in question are given as below:-

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_S.No. _	Parking Society	No. of Parks maintained by Horticulture Department, Shah.(s) Zone	No. of Boewell and current stuatus	Supply of Water in Park	Park Condition
1.	Law Apartment	01	Operational	Through tubewell	Satisfactory
2,	_Kiran Vihar _	03	Operational	Through tubewell	Satisfactory
3	Shanti Vihar	01	Operational	Through tubewell	Satisfactory
4	Bahubali Enclave	04	01 tubewell operational (Central Park), 01 defunct tubewell is used for Rain Water Harvesting (RWH), 01 tubewell is defunct and 01 park tubewell not exist (Children Park)	Central Park irrigated through tubewell and remainin g 03 parks irrigated through water tankers (STP) 4^,	Condition of all the parks are satisfactory , .
5.	Dayanand Vihar	6	05 tubewells operational and 01 defunct	Through tubewell	Satisfactory

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6	Karkardoom a Village	01	Operational	Through tubewell	Satisfactory
7	Saini Enclave	NIL (03 parks maintained by Society)	Operational	Through tubewell	Satisfactory
8	Ashoka Niketan	01	Operational	Through tubewell	Satisfactory
9	Manak Vihar	02 (01 park maintained by the DDA)	Operational	Through tubewell	Satisfactory
10	_Yojna Vihar _	09	Operational (06 tubewells are operational and remaining 03 parks connected with same tubewell)	Through tubewells Through tubewell	Satisfactory
11	Savita Vihar	02	Operational		Satisfactory
12	Anand Vihar	20	Operational		Satisfactory
13	Surajmal Vihar	12 (03 Parks maintained by Society)	13 tubewells Operational and 01 defunct tubewell is used for Rain Water	Through tubewell	Satisfactory

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6. That, during the inspection, photographs of the above mentioned parks is annexed as Annexure `A' (colly). ”

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This Tribunal observed that the status report filed by the Municipal Corporation of Delhi is sketchy and does not address the issues raised in the application and directed the Commissioner, Municipal Corporation of Delhi to file detailed reply/response to the application.

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Report has been filed by Municipal Corporation of Delhi vide email dated 12.04.2023. The relevant part of the report is reproduced below:-

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“ Status Report on behalf of the answering respondent MCD in compliance of order dated 24.01.23 X X X

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3. That East Delhi has more than 2000 parks in Delhi and a total of 1021 tubewells are deployed for the purpose of watering of plants. Out of 1021 tubewells, 473 tubewells have been closed till date in pursuance of directions of Honble Tribunal. These 473 tubewells are situated in the vicinity of STPs established in Kondli and Yamuna Vihar, ie they are within 5 KM of radius of STPs.

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4. That due to closure of 473 Tubewells , the maintenance of 444 Nos. parks has been hampered , and the irrigation and maintenance of such affected parks is in process with the water obtained from STPs located in the vicinity through deployment of water tankers. However maintenance and irrigation of such affected parks are being carried out through water tankers deployed by MCD.

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5. That on earlier occasions request has been made to VC DDA for approval of scheme " Providing and laying underground pipe line for supply of treated effluent from STP Kondli and Yamuna for Horticulture purpose vide letter dated, 28.11.19.

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6. That vide order dated 27.01.21 the Hon'ble tribunal considered the 5^th report dated 07.12.20 of Yamuna Monitoring committee constituted and considered the recommendations given by them which are reproduced in the order. It was recommended that borewells where treated water is available be sealed by DM and Divisional commissioners. Sealing of borewells be planned to synchronise with the availability of treated waste water. DJB should push for more decentralized STPs to be set in large parks.

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7. That some tubewells were sealed which led to drying up of parks for want of irrigation. In response to this SDMC moved before this Honble Tribunal by filling an application in OA 6/12 against DJB seeking directions that DJB to supply treated water for irrigation purposes with adequate pressure wherever piped supply is not available. The Honble Tribunal vide order dated 26.03.21 disposed off the application directing chief secretary to look into the matter and take appropriate decision in this regard following due process of law. The order dated 26.03.21 is annexed herewith as Annexure A.

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8. That a review meeting was held on 13.04.21, wherein worthy chief secretary of Delhi gave the directions , which are reproduced here as under;

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A long-term perspective plan should be prepared for the optimum use of treated effluent in Delhi, which must include the maximum utilization of treated water for horticulture purposes including the coverage of all parks and gardens in Delhi, to replace the extraction of precious groundwater through the borewells for the purpose. In this regard, DJB shall carry out the work of survey, preparation of DPR, cost estimates, etc, of the complete scheme by providing piped network upto each park.

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Any further sealing of borewells in parks, gardens should be in sync with the setting up a robust and reliable system of provisioning of treated water to the park.

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9. That in the meantime a letter dated 27.11.21 was received from DJB stating that it shall with its own funds, install small modular DSTPs in all parks and laying conveyance from the

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nearest sewerage system to the DSTPs. The requirement of land for modular DSTPs is 75 sqm for 50 KLD. The information sought by them was provided by the then EDMC. The letter dated 27.11.21 is annexed herewith as Annexure B.

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10.Thereafter 6th meeting was convened under the chairmanship of Worthy Chief secretary on 04.10.22, and its minutes were drawn on 27.10.22. to review the progress. It was discussed and deliberated upon that :

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DJB to share action plan of laying separate pipelines for treated water for bulk uses like DDA parks, CPWD Parks, MCD Parks, NDMC parks, institutions etc. (Action by DJB)

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11.That a High level committee headed by Hon'ble LG Delhi constituted by Hon'ble NGT vide order dated 09.01.23 in OA 21/23 titled Ashwani Yadav vs GNCTD was held on 14.2.23. it was deliberated that : Utilization of treated waste water

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It was informed that 90MGD out of 530 MGD of treated STP water is being used mainly for Horticulture, 267 MGDA, the mandatory return of flow in river Yamuna, while 70 MGD treated STP water at coronation pillar is to be treated at tertiary level by June 2024. The Honble LG directed DJB to share its comprehensive action plan of utilization of treated sewage in view of day by day increasing demand of water supply in city of Delhi.

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MCD Commissioner suggested that the increase in pipeline network should be initiated at least in phased manner for supply of STP treated water to parks and gardens. A separate meeting was decided to be held on this issue.

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12. That as of now the affected parks are being irrigated with the help of water tankers by bringing treated water from the STP in the vicinity. The DJB has to proceed with the directions issued by Hon'ble LG and worthy Chief secretary Delhi for issues discussed and deliberated upon regarding utilization of treated water.

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13. The status of the parks in question has been exhibited through photographs filed on 23.01.2023 by the answering respondent MCD.”

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This Tribunal observed in its order dated 04.07.2023 that despite pendency of this matter for more than 1 year no substantial action has been taken by the concerned Authorities for effective resolution of the environmental issues involved and directed Chief Secretary, Government of NCT Delhi was directed to convene a meeting with the Chief Executive Officer, Delhi Jal Board, Commissioner, Municipal Corporation of Delhi and Vice Chairman/Secretary, Delhi Development Authority within 15 days for taking effective steps for resolution of the issues involved and preparing an action plan with specific timelines for laying down the requisite pipelines network and carrying out other works for utilization of the treated waste water for

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development and maintenance of parks and other permissible horticultural and industrial purposes. Reports regarding convening of meeting with Minutes, Action plan with specific Timelines and Action taken report were ordered to be filed before this Tribunal by 31.07.2023, 31.08.2023 and 30.09.2023 respectively.

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In compliance of order dated 04.07.2023, meeting was convened by Sh. Naresh Kumar, Chief Secretary, Government of NCT Delhi on 10.08.2023 which was attended by following:

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i. Sh. Naresh Kumar (the Chief Secretary Delhi) in Chair ii. Sh. A. Anarbasu (CEO DJB) (i/c) iii. Sh. K.S. Meena, SSUD iv. Sh. S.L. Meena M (WS), DJB v. Sh. Ajay Gupta, M(Dr.), DJB vi. Sh. Gajender Tomar CE (WB) vii. Sh. Alok Singh, Director Horticulture, MCD

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The detailed discussion took place and decision was taken to prepare a map showing the command area of Yamuna Vihar WWTP along with details of various parks located therein (with special emphases on parks having a minimum area of 1 acre or more) and water bodies, including details of landowning agencies of the parks/ water bodies (with the assistance of GSDL map) and prepare a comprehensive scheme for treated effluent utilization in the catchment area and effective utilization of funds. The DJB was directed to submit its action plan within two months. Further, in the said minutes it was decided to file an application in the Hon'ble NGT seeking additional time for submitting action plan.

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In terms of para 3 (II) of the minutes dated 10.08.2023, the DJB filed an application before this Tribunal on 25.09.2023 seeking additional time for submitting action plan, which was registered as I.A. No. 750 of 2023.

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I.A. No. 750 of 2023 was taken up for hearing on 06.10.2023. This Tribunal vide order dated 06.10.2023, considering administrative exigencies and in the interest of justice allowed I.A. No. 750/2023 and granted extension

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of time to DJB to file action plan with specific timelines on or before 15.11.2023 and action taken report on or before 15.12.2023, subject to deposit of cost of Rs. 25,000/- with the NGT Bar Association. Personal appearance of the officers duly authorized by the Chief Secretary, Government of NCT Delhi, Chief Executive Officer, Delhi Jal Board, Commissioner, Municipal Corporation of Delhi, Vice Chairman/Secretary, Delhi Development Authority and District Magistrate (East), Government of NCT of Delhi was ordered.

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In compliance thereof reply affidavit has been filed by Mr. P. S. Tomar, CE (WB) DJB on behalf of DJB vide email dated 18.12.2023. The relevant part of the report is reproduced below:-

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“ REPLY AFFIDAVIT ON BEHALF OF DJB IN COMPLIANCE OF ORDER DATED 06.10.2023 TO PLACE ON RECORD ACTION PLAN AND ACTION TAKEN REPORT

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X X X X X

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14. That in compliance of order dated 06.10.2023, the DJB has deposited the cost of Rs. 25,000/- with the NGT Bar Association and the proof there of is annexed herein as ANNEXURE R-11. That earlier vide order dated 04.07.2023, this Hon'ble Tribunal since has directed, to convene a meeting with all the stake holders such as CEO DJB, MCD, DDA for taking effective steps for resolution of the issues involved and preparing an action plan with specific timeline for laying down the requisite pipelines network and carrying out other work for utilization of treated waste water for development and maintenance of parks and other permissible horticultural and industrial purposes, therefore after preparation of the frame work of action plan prepared by DJB, the said action plan is to be considered and approved by all the other stake holders.

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Further, DJB has prepared the frame work of the action plan of the project costing Rs.102 Crores approx., detailing in the process and the map showing various parks (more than one acre) with approximate area of 198 acre and water bodies with approximate area of 77.32 acre under the command of Yamuna Vihar STP/WWTP. The anticipated utilization of treated effluent of all the parks is approximate 1.1 MGD considering effluent usage at the rate of approximate 16 KL per acre and for all water bodies is approximately 13.8 MGD.

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The frame work of action plan prepared by DJB has been submitted to the Chairman (DJB) for In Principle approval. After In Principle pproval, the project will be sent to the parent department of DJB i.e. UD Department Govt. of NCT of Delhi for obtaining the approval of Expenditure Finance Committee (EFC). It is to inform to the that DJB is Grant in aid institution and as per delegation of power the project estimated cost more than

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Rs100 crores but less than Rs.500 crores require approval of EFC. In the instant case the proposal hence required the approval of EFC.

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The tentative time estimate for the project execution is annexed as ANNEXURE R-12 and the award of work is anticipated in 120 days from the date of sanction of the project by the expenditure finance committee and expected to take two years for execution subject to availability of NOC from the road owning agencies for road cutting and from the Railways.

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15. The comments of Hon' ble Chairman, DJB given in the relevant file is annexed at ANNEXURE R-13. It was observed among the others that DJB is facing financial crunch therefore, at this stage it may not be appropriate to take commitment of over Rs. 100 crores. However, DJB can provide technical expertise and execute the proposal if the beneficiary department i.e. MCD & DDA are willing to pay for the same. Once the financial position is eases, the DJB will reconsider its decision.

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ACTION TAKEN REPORT

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16. That with regard to submission of action taken report, it is submitted on behalf of DJB that to redress the grievances of the applicant with regard to the subject parks, until the frame work of the action plan as prepared by the DJB is put to implementation, the DJB is duty bound to supply treated effluent from the nearest STPs to the stake holders. That for the said purposes, the DJB is facilitating park owning agencies to lift to take Treated Effluent from nearest DJB STPs for maintaining the park in question.

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The details of tankers taking treated effluent from filling points of STPs w.e.f. June 2023 to November 2023 is placed herein as ANNEXURE R-14. The DJB had also inspected the parks in question on 08.08.2023 and the inspection report is annexed herein as ANNEXURE R-15. It is apparent from the inspection carried out in the 11 out of 13 parks are in good condition and only two parks at Kiran Vihar Apartments & Karkardoma are in poor condition. Even though the trees in the park at Kiran Vihar Apartment are green however the ground is without the grass. Similarly, the trees in the park at Karkardoma are green however small portion of the park is not having any grass and the reason could be that the same is used as playground for the children. The DJB vide letter dated 27.12.2022 has already requested EDMC to take treated effluent for maintenance of the park. True copy of the letter dated 27.12.2022 is annexed here in as ANNEXURE R-16.

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The DJB undertakes to supply the treated effluent to the tankers of MCD until the action plan Annexure R-12 is implemented in letter and spirit.

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17. In view of above, it is submitted that the frame work of action plan framed by DJB as Annexure R-12, be taken on record and stake holders be directed to coordinate and support the implementation including finance thereof. Further, the action taken report as narrated in Para 14,15,16 may also be taken on record.

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18. The deponent is ready and willing to comply with any directions and instructions as this Hon'ble Tribunal may deem fit in the interest of justice.”

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Mr. A. Anbarasu, IAS, Chief Executive Officer, Mr. Gajender Tomar , Chief Engineer and Mr. Anil Bharti Superintending Engineer, DJB and Mr. Rajit, Additional Director of Horticulture for Municipal Corporation of Delhi have appeared before this Tribunal.

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None has appeared for the applicant in the course of hearing despite having been informed about the date of hearing fixed in the case.

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We have heard learned Counsel for the respondents and gone through the material on record.

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This Tribunal observed in order dated 11.09.2019 passed by in OA 6/2012 titled as "Manoj Mishra vs Union of India and Others" as under:

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“X. Use of treated waste water:

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I) Plotted all the Parks located within 5 Km radius of all the DJB STPs and shared details with the Park Owning agencies.

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21. In M.A, No.25/2021 in OA 6/2012 titled as "Manoj Mishra vs Union

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of India and Others this Tribunal observed in its order dated 26.03.2021

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as under:

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“1. This application has been filed by the South Delhi Municipal Corporation (SDMC) in a decided matter against the Delhi Jal Board (DJB). The grievance is that the Corporation is maintaining 6822 parks. It was having borewells for irrigation of the parks which have been sealed as per order of this Tribunal dated 27.01.2021 in O.A. No. 06/2012. The said order has been passed to conserve fresh water for drinking purposes and to use treated water for irrigation purposes. The applicant has also referred to later order of this Tribunal dated 25.02.2021 in Execution Application No. 17/2020 in O.A. No. 386/2017, Rear Admiral A P Revi (Retd.) v. DJB & Ors. as follows:-

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“We are of the view that even though the steps are reported to have been taken, the matter needs to be taken forward, after due consideration of the objections of the applicant to ensure that fresh water is not used for gardening in public parks by the DDA and the South Delhi Municipal Corporation and instead only treated water is so used. The order of this Tribunal dated 27.01.2021 in OA No. 6/2012, Manoj Mishra v. Union of India & Ors. approving the recommendations of the Yamuna Monitoring Committee may be duly followed. The DJB may ensure supply of such treated water with adequate pressure and wherever piped supply is not available, supply may be ensured by tankers.”

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2.In view of above, it is stated that the DJB has to ensure supply of treated water with adequate pressure and wherever piped supply is not available, to supply such water by tankers. The DJB is in the process of providing pipe network from STP to the parks. But till such pipelines are laid, there is need for tankers for supply of water to 5357 parks. Hiring of tankers is the responsibility of the Jal Board and not of the Municipal Corporation. The Member Secretary, DPCC vide letter dated 09.03.2021 has directed the Jal Board to hire tankers. Responsibility of water supply and maintenance of sewage is the statutory responsibility of the Jal Board under the Jal Board Act, 1998.

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3. We are of the view that inter se dispute of Municipal Corporation and the Jal Board can be better resolved at the higher level in the Administration, taking into account all practical considerations, including availability of funds and need for conserving scarce resource of drinking water, in accordance with the directions of this Tribunal already issued in the subject.

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Accordingly, we dispose of the application by directing the Chief Secretary, Delhi to look into the matter and take appropriate decision in the matter, following due process of law.

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The application is disposed of.

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A copy of this order be forwarded to the Chief Secretary, Delhi and the Secretary to LG, Delhi by e- mail for compliance.”

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A review meeting was held on 13.04.2021, wherein worthy Chief secretary of GNCT of Delhi gave directions relevant part of which is reproduced hereunder;

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“A long-term perspective plan should be prepared for the optimum use of treated effluent in Delhi, which must include the maximum utilization of treated water for horticulture purposes including the coverage of all parks and gardens in Delhi, to replace the extraction of precious groundwater through the borewells for the purpose. In this regard, DJB shall carry out the work of survey, preparation of DPR, cost estimates, etc, of the complete scheme by providing piped network upto each park. Any further sealing of borewells in parks, gardens should be in sync with the setting up a robust and reliable system of provisioning of treated water to the park.”

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The Chief Secretary, Delhi has taken a meeting on 04.10.2022 to monitor/ review the progress in respect of Action Points various Projects related to control of pollution in river Yamuna in Delhi in Compliance to the orders of Hon'ble National Green Tribunal in OA No. 673/2018 entitled as "News Item Published in The Hindu' Authored by Shri. Jacob Koshy Titled "More river stretches are now critically polluted: CPCB". On the issue of use of treated waste water, following is mentioned

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“....7. Utilization of Treated Wastewater It was informed by LJB that 90 MGD of treated STP water is being used in Horticulture, in varius parks in Delhi including Millennium Park in LP Estate, Japanese Garden in Rohini & various parks in NDMC area, DTC Depots and PPCL. 70 MGD is proposed to be used as raw water at Palla afier tertiary treatment (Cost of the Project is Rs. 1100 Crores) at Coronation Pillar STP (BOD < 03 mg/l) and for this project Govt. of India has already given approval. The project is based on Hybrid Annuity Model and cost sharing is 60% by Central Govt. and 40% by Delhi Govt.

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CEO, DJB opined that there should be ban on use of ground water/fresh water in construction activities to promote use of treated STP water. It was also informed that in Central Vista

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Project, treated STP water has been used. NDMC has asked for additional water from DJB and the matter is under process.

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Chief Secretary suggested that Revenue Deptt. should permit extraction of ground water from the areas having high water table for augmentation of the water supply in Delhi. Divisional Commissioner informed that Revenue Deptt. has already sent a report in this regard to the Environment Deptt. for their comments.

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After detailed deliberations, following directions were given by Chief Secretary:

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(i) DJB will maximise the use of treated STP water including use in Golf Course and supply good

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quality treated STP water for use in construction projects.

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(Action by : Delhi Jal Board)

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(ii) UD Deptt. to call a separate meeting with Departments / Agencies involved in construction

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activities for promoting use of treated STP water in construction projects in Delhi.

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(Action by : UD Deptt.)

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(iii) DJB to share Action Plan of laying separate pipelines for treated water for Bulk uses like

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DDA Parks, CPWD Parks, NDMC Parks, MCD Parks, Institutions etc.

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(Action by : Delhi Jal Board)

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In compliance of order dated 04.07.2023 passed by this Tribunal in the present case, meeting was convened by Sh. Naresh Kumar, Chief Secretary, Government of NCT Delhi on 10.08.2023:-

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“In this context , a meeting was convened under the Chairmanship of Chief Secretary on 10.08.2023. The Court’s direction towards supply of treated effluent from the Yamuna Vihar STP was discussed It was noted that supply of treated effluent from Yamuna Vihar STP to the 13 parks require laying of l < > kms. of pipeline network (including distributary network) . It was further noted that there are many water bodies, sports complex and parks falling in the proposed alignment. The need

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for preparing comprehensive scheme covering the entire sendee area for effective utilization of treated effluent was also felt. Accordingly, after a detailed deliberation and discussion the following decisions were taken :

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I.T.o prepare a map showing the command area of Yamuna Vihar WWTP along with details of various parks located therein (with special emphasis on parks having a minimum area of one acre or more) and water bodies, including

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details of land-owning agency of the parks/water bodies, (with the assistance of GSDL map) and prepare a comprehensive scheme for treated effluent utilization in the catchment area for effective utilization of funds .

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Accordingly, DJB was directed to submit its action plan within 2 months. I.T.o file an application in the Hon’ble NGT Court seeking additional time for submitting the action plan.”

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In its reply filed vide email dated 12.04.2023 Municipal Corporation of Delhi has submitted that East Delhi has more than 2000 parks in Delhi and a total of 1021 tubewells are deployed for the purpose of watering of plants. Out of 1021 tubewells, 473 tubewells have been closed till date in pursuance of directions of Hon’ble Tribunal. These 473 tubewells are situated within 5 KM of radius of STPs established in Kondli and Yamuna Vihar. Due to closure of 473 Tubewells, the maintenance of 444 Nos. parks has been hampered and the irrigation and maintenance of such affected parks is in process with the water obtained from STPs located in the vicinity through deployment of water tankers.

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The Joint Committee inspected the parks on 02.06.2022 and the joint committee checked the radial distance from Kondli STP & Yamuna Vihar STP, (nearby STPs being operated by Delhi Jal Board) and found that only one park (Dayanand Vihar ) was 5 km radius of the Kondli STP and Other parks were found beyond the 5 kms radius of both STPs. 03 borewell were found sealed in 3 societies i.e. Law Apartment, Kiran Apartment and Karkardoma Society. All these three societies parks are located beyond 5 kms of radial distance from both STPs. Park at Law Apartment is being maintained with treated water from STP and is in good condition. There is no arrangement of water Supply in other two Societies’ Park i.e. Kiran Apartment and Karkardoma Society.

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Other 10 society’s parks are being maintained by EDMC. Out of 10 societies, 8 societies were being maintained through borewells/ tubewells.

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The official of the Horticulture Department of Municipal Corporation of Delhi inspected the parks on 20.01.2023 and as per report filed vide email dated 23.01.2023 all the parks were irrigated with borewell/tubewell except three parks in Bahubali Enclave which were irrigated through water tankers from STP and all the parks were stated to be satisfactory .

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The DJB inspected the parks in question on 08.08.2023 and as per the inspection report annexed as ANNEXURE R-15 11 out of 13 parks are in good condition and only two parks at Kiran Vihar Apartments and Karkardoma are in poor condition. Even though the trees in the park at Kiran Vihar Apartment are green however the ground is without the grass. Similarly, the trees in the park at Karkardoma are green however small portion of the park is not having any grass and the reason could be that the same is used as playground for the children.

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The DPCC issued letter dated 20.06.2022 to Addl. Chief Engineer, DJB with the request to provide treated STP water in all the parks to maintain greenery. Thereafter, DPCC issued a reminder letter dated 14.12.2022 to DJB, with the request to provide treated water in all the parks to maintain greenery and provide a detailed compliance report within 15 days.

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DJB submitted reply dated 27.12.2022 with respect to letter of DPCC dated 14.12.2022. In the letter, it was mentioned that: DJB is not the owner of any of park, out of 13 parks which were inspected by the joint Team. As per the policy of the Delhi Jal Board, DJB can provide treated water on the existing rate of Rs. 7/KL shall continue to be applicable for supply of treated effluent to all the agencies/ consumers who lift the treated effluent from the filling points of Delhi Jal Board at its STPs or from already laid DJB infrastructure. DJB also provided copy of the letter addressed to Deputy Director,

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Horticulture (EDMC) for engaging tankers to collect treated effluent from any of the Sewage Treatment Plants situated at Kondli or Yamuna Vihar as per the policy of Delhi Jal Board mentioned above.

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Letter dated 27.11.2021 was sent by the DJB to the EDMC stating that it shall with its own funds, install small modular DSTPs in all parks and laying conveyance from the nearest sewerage system to the DSTPs . The requirement of land for modular DSTPs is 75 sqm for 50 KLD. The information sought by them was provided by the then EDMC.

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The DJB proposed for the construction of the DSTPs within the park premises using the sewage from the nearby network for treatment resulting in the availability of nutrient rich treated waste water for the Horticulture purpose, but the same was not agreed by the applicant as intimated vide email dated 21.07.2022.

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In its reply filed vide email dated the DJB has submitted that the DJB vide letter dated 27.12.2022 has already requested EDMC to take treated effluent for maintenance of the park. The DJB has also undertaken to supply the treated effluent to the tankers of Municipal Corporation of Delhi until the action plan Annexure R-12 is implemented in letter and spirit.

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In its reply Municipal Corporation of Delhi has submitted that as of now the affected parks are being irrigated with the help of water tankers by bringing treated water from the STP in the vicinity.

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The Joint Committee has recommended de-sealing of borewell for maintaining the park with prior permission from this Tribunal/other statutory bodies. Till then EDMC & DJB should make necessary arrangement for supply of water for maintaining greenery in parks. The DPCC issued a letter dated 20.6.2022 to District Magistrate, Shahdara to take necessary action as per the recommendation of the Joint Committee. Thereafter the DPCC has also issued

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a letter dated 14.12.2022 to District Magistrate, Shahdara with the request to take necessary action as per recommendation of Joint Committee and provide a detailed compliance report within 15 days. District Magistrate, Shahdara has not replied to DPCC letter dated 20.6.2022 and has not filed any response before this Tribunal regarding the issues involved in the case.

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Vide notification no. F8(348)/EA/Env/09/1041-1061 dated 18.05.2010 issued in exercise of power conferred by section 5 of the Environment (Protection) Act, 1986 read with the Ministry of Home Affairs, Government of India Notification S.O.667 (E) bearing F.No, U-11030/J/91- UTL dated the 10.09.1992 and in supersession of directions issued vide Order Nos F8(348)/EA/Env/09/14433-14451 and F8(348)/EA/Env/09/14452- 14470 dated the 30th March 2009 as well as Order Nos. F8(348)/EA/Env/09/555582 and F8(348)/EA/Env/09/583-610 dated the 30th April 2009, the Lt. Governor of the National Capital Territory of Delhi issued following directions, namely:

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“(1) In the whole of the National Capital Territory of Delhi, no person, group, authority, association or institution shall draw ground water through bore-well or tube-well (both new as swell as existing and drawing ground water without permission of Central Ground Water Authority) for domestic, commercial, agricultural and or industrial uses without the prior permission of the "Competent Authority" that is to say, the Delhi Jal Board or the New Delhi Municipal Council as the case may be.

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(2) The issue of grant of permission for borewell/tubewell shall be dealt by Competent Authority through the Deputy Commissioner (Revenue) of each revenue area, GNCTD, who is hereby appointed as "Authorized Officer" for the purpose of regulation of ground water development and management in the respective revenue areas under the jurisdiction.

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(3) The Deputy Commissioner (Revenue) of each revenue area, GNCTD, who is the Authorized Officer, are further delegated with the power of dealing with other issues such as checking violation% and sealing illegal wells, launching of prosecution against offenders etc. including grievance redressal related to ground water, based on the recommendations of the Advisory Committee……”

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In meeting dated 04.10.2022 the Chief Secretary suggested that Revenue Department should permit extraction of ground water from the areas having high water table for augmentation of the water supply in Delhi.

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In view of the above referred notification, the question of restoration of the borewells and grant of permission for extraction of ground water involved in the present case lies within competence/jurisdiction of the District Magistrate, Shahdara and has to be decided by taking into consideration groundwater status and rain water harvesting facilities in the area. Accordingly District Magistrate, Shahdara is directed to consider the recommendation of the Joint Committee and to pass appropriate orders on the same within one month from the date of receipt of a copy of this order.

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The DJB is bound to proceed with the directions issued by Hon’ble LG and worthy Chief Secretary Delhi for issues discussed and deliberated upon regarding utilization of treated water as mentioned above and to take all requisite steps for compliance with the orders passed by the Tribunal. Insufficiency of funds and also of infrastructure are no defence to any noncompliance with the orders passed by this Tribunal which constitutes an offence punishable under section 26 of the National Green Tribunal Act, 2010 and can also be executed as decree of civil court under section 25 of the National Green Tribunal Act, 2010 by issuance of orders for attachment and sale of property including salary of the defaulting officers and also by their arrest and detention in civil prison.

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In view of the above the application is disposed of with the following directions:-

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i. The Delhi Jal Board is directed to supply treated effluent to Municipal Corporation of Delhi for maintenance of the parks in question as an interim arrangement for the survival of vegetation until the project as per detailed project report prepared in

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consultation with concerned authorities/agencies is executed by Delhi Jal Board and Municipal Corporation of Delhi is directed to continue to irrigate the affected parks with the help of water tankers by bringing treated water from the STP operated by Delhi Jal Board in vicinity accordingly subject to order to be passed by the District Magistrate, Shahdara as directed in para number 38 above;

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ii. Delhi Jal Board is directed to prepare Detailed Project Report (DPR) prepared in consultation with concerned authorities/agencies and execute the same by seeking requisite allocation of funds, issuing tender/work orders and complete the Project work in phases and ensure that at least phase one of the Project is completed on or before 30.06.2025;

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iii. Municipal Corporation of Delhi, Delhi Development Authority and other Stake Holders are directed to coordinate and cooperate in execution of the Project;

¶256

iv. The Chief Secretary, Government of NCT of Delhi is directed to hold periodical meetings, at such intervals as may be considered appropriate, with Chairman, Delhi Jal Board, Vice Chairman, Delhi Development Authority, Commissioner Municipal Corporation, Delhi and other stake holders/authorities for resolving the issues, if any, and taking of all requisite administrative and financial measures for completion of the project work in phases and ensuring completion of at least phase one of the project within the stipulated time of one year and remaining phases of the project within reasonable time.

¶257

A copy of this order be sent to the Chief Secretary, Government of GNCT of Delhi; the Chairman, Delhi Jal Board; the Vice Chairman, Delhi

¶258

O. A. No. 295/2022 S.R. Sangar Vs. Govt. of NCT of Delhi -28-

¶259

Development Authority; the Commissioner, Municipal Corporation of Delhi and District Magistrate, Shahdara for requisite Compliance.

¶260

Arun Kumar Tyagi, JM

¶261

Dr. Afroz Ahmad, EM

¶262

May 22^nd 2024 AG

Amit Kishore and Ors. v. Uttar Pradesh Pollution Control Board

Case brief

What is this about?

What did the court decide?

Amit Kishore and Ors. v. Uttar Pradesh Pollution Control Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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