Disposed

Ramnaresh vs

NGT30 Jan 2024Original Application No. 510/2022

Case brief

AI extract

What is this about?

The National Green Tribunal addressed an application regarding sewage discharge in the Pameri drain and pollution of the Yamuna River. While a joint committee confirmed the illegal toilet was demolished and sewage stopped, the Tribunal found the issue of covered drain sections requiring restoration and issued directions for maintenance, desilting, and prevention of future encroachment without cove

What did the court decide?

Respondents directed to ensure no part of the drain is covered, maintain it as a storm water drain, ensure no sewage discharge, and undertake de-silting and monitoring.

Ramnaresh vs — Environment and Pollution | NGT (2024)

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(Court No. 2)

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Item No. 2

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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.510/2022

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IN THE MATTER OF:

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Mr. Ramnaresh S/o Satbeer, Anand Nagar, Tundla, Firozabad District, U.P …Applicant

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Versus

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1. State of Uttar Pradesh Through Chief Secretary Government of Uttar Pradesh 101,'B' Block, Lok Bhawan U.P. Secretariat, Lucknow - 226001 Email Address: [email protected]

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2. Executive Officer, Nagar Palika Parishad, Tundla

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Kothi No 1, Tundla Railway. Colony, Uttar Pradesh-283204 Email: [email protected]

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3. Uttar Pradesh Pollution Control Board

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Building No. TC-12V Vibhuti Khand, Gomti Nagar Lucknow-226010, U.P. Email Address: [email protected]

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4. District Magistrate, Tundla

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Civil Lines Road, Dabrai, Uttar Pradesh 283203 Email Address: [email protected] …Respondents

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Counsel for Appellant:

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None for the applicant.

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Counsel for Respondent:

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Ms. Priyanka Swami, Advocate for respondent no. 1-State of U.P. and respondent no. 4-District Magistrate, Firozabad. Dr. Ujjwal Kumar, District Magistrate Firozabad.(Through VC) Mr. Rajat Gaur, Advocate for respondent no. 2-Nagar Palika Parishad, Tundla.

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Mr. Arvind Kumar Advocate for respondent no. 3-UPPCB (Through VC) Mr. Ashutosh Tripathi, Executive Officer Tundla. (Through VC) Ms. Ritu Bhardwaj, Advocate for Irrigation Department.

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O. A. No. 510/2022 Ramnaresh Vs. State of U.P.& Ors.

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Mr. Baljeet Singh, Executive Engineer, Irrigation Department Hathras. (Though VC)

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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:- 07.11.2023

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Judgment pronounced on:- 30.01.2024

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Application is registered based on a letter petition received by Email.

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JUDGMENT

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PRONOUNCED BY: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JM

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Mr. Ramnaresh resident of Anand Nagar, Tundla District Firozabad, Uttar Pradesh has sent the present letter petition, which is treated and registered as original application, complaining about discharge of untreated sewage in Pameri drain which is adding to pollution of River Yamuna.

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The applicant has submitted that Pameri Drain, which is about 80 years old, was constructed by the Irrigation Department, Hathras Block. The same passes through the Municipal limits of Nagar Palika Parishad, Tundla and falls in Yamuna River. About a few days back, Executive Engineer, Irrigation Department, Hathras Block issued NOC to Nagar Palika, Parishad Tundla for construction over the above said drain. Toilets have been constructed over Pameri drain and untreated sewage is being discharged in the same which is polluting river Yamuna. Some wild animals died due to drinking of contaminated water. The applicant has accordingly prayed for taking of action against the officers of the Irrigation Department and imposition of environmental compensation on Nagar Palika Parishad, Tundla.

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Vide order dated 30.08.2022, this Tribunal constituted a Joint Committee comprising of representative of State PCB and District Magistrate,

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O. A. No. 510/2022

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Ramnaresh Vs. State of U.P.& Ors.

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Firozabad and directed the same to submit its Factual and Action Taken

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Report within two months. The relevant part of the order reads as under:-

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“…3. Prima facie, the allegations made in the application raise questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010. In view of the allegations made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position. Accordingly, we constitute a Joint Committee comprising of representative of State PCB and District Magistrate, Firozabad and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position, take appropriate remedial action by following due process of law and submit its Factual and Action Taken Report within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. The State PCB will be the nodal agency for coordination and compliance….”

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In compliance thereof report of the Joint Committee has been filed vide email dated 19.01.2023. The relevant part of the report is reproduced below:-

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“ Report of Joint Committee Constituted in the matter of O.A. No. 510/2022 Ramnaresh Vs. State of U.P. and others in compliance of Hon’ble NGT order dated 30.08.2022. X X X X

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In compliance to said order, following committee was constituted. Nominated Members

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1. Sh. Satyendra Kumar,SDM, Tundla 2. Sh. Baljeet Singh, Executive Engineer, Irrigation deptt. Hathras.

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3. Sh. Surendra Pratap, Executive Officer. Nagar Palika Parishad, Tundla.

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4. Sh. V.K. Dubey, Regional Officer, U.P.P.C.B., Firozabad.

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2.0. Inspection and Monitoring of Joint Committee:

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Committee carried out the inspection of the Pameri Drain on dt. 09.01.2023. During the inspection S.D.M., Tundla & representative of Pameri Drain (Ex-En irrigation department. Hathras and Executive officer, Nagar Palika Parishad. Tundla.) were present. The applicant was informed through telephonically and text by UPPCB to associate with joint inspection committee but applicant did not associate with the

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O. A. No. 510/2022

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Ramnaresh Vs. State of U.P.& Ors.

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joint committee. Pameri Drain salient observation and recommendations of inspection team are given below.

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3.0. Introduction:

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Complainant stated in his complain that Discharge of untreated sewage in Pameri drain which is adding to pollution of River Yamuna. To verify the factual status. The Inspection of Pameri drain was carried out on 09.01.2023. Toilets have been constructed over the drain in the mid of Tundla town. The mix sewage Waste water from the toilet/Sauchalaya was going into the drain. As per the irrigation department's letter dt. 01.03.2017, they had given conditional NOC letter only for the constructions of drain (Annexure-A).

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Executive Officer. Nagar Palika Parishad. Tundla has also reported to Additional District Magistrate (FIR), Firozabad vide letter dt. 20.12.2022. That they have constructed Sauchalaya over the drain (Annexure-B).

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4.0. Inspection of Pameri Drain:

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District Magistrate, Firozabad has constituted the inspection team of S.D.M., Tundla, Ex. Engineer, Irrigation deptt., Hathras, E.O. Tundla & R.O., UPPCB, Firozabad. Regarding complaint inspection the committee/representative visited the Pamari drain start point at Village-Pamari, Tehsil-Tundla, DistrictFirozabad and sample collection were carried out on dt. 09.01.23 of Pamari Village/Pamari drain having Lat. — 27.265867°, Long. — 78.23402°.

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Pamari drain which starts from Villgae- Pamari and meets a big pond near Village-Mohammadabad (Tundla) having area of around 2.0 Hectare as per Nagar Palika discussion. A culvert under passing National Highway which carries ponds water & rain water including the discharge of Mohammada bad village but presently no flow was noticed during inspection.

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As per the report of Nagar Palika, Tundla. They have constructed permanent roof top slab over the Pamari drain and Toilets has been constructed over it for which septic tank & soak pit provided. During inspection it is noticed that the domestic sewage is discharged in Pamari drain. Which travels around 12 kms. & on the way of Sewage mixed waste water of the drain is used by local farmers for Irrigation purpose by providing Diesel Engine also as per their requirements. The drain passes through Village-Chulawali, Nagla Teja, Nagla Gadhiya (Rasulabad) & Nagla Chhar at approx 7 Kms having Lat. 27.156423° & Long. 78.241558°. The drain ends nearby Village Nagla Chhar. The whole drain water is temporarily stopped by local farmers. After that there is no waste water/ sewage was flowing in the drain and the drain found in dry condition (Photograph of the drain is attached as Annexure-C). Hence at present there is no direct discharge in River Yamuna. Only during rainy season it may be meets River Yamuna. No other encroachment were found over the drain other than toilets during the inspection. Effluent samples was collected during inspection from the following sampling points.

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O. A. No. 510/2022

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Ramnaresh Vs. State of U.P.& Ors.

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5.0. Detail of Sampling points are given below.

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*S.No.*	*Date of* *Sample* *Collection*	*Sampling Points*	*Lat. & Long.*
1	09.01.2023	Pamari (Panwari) Village (Drain) (Starting Point)	Lat:- 27.265867^° Long:- 78.23402^°
2	09.01.2023	Mohammadaba d Village at Tundla, Pamari (Panwari) drain before meeting the big pond	Lat:- 27.232182^° Long:- 78.236272^°
3	09.01.2023	Mohammadaba d Village pond after meeting Pamari(Panwari ) drain	Lat:- 27.231778^° Long:- 78.236378^°
4	09.01.2023	Christ the king inter college, Mohammadabad ,Tundla Road populated area Tundla.	Lat:- 27.228212^° Long:- 78.237052^°
5	09.01.2023	Kothi No. 1, Tundla (R.P.F. Barack) after illegal Shauchalaya (Before meeting River Yamuna)	Lat:- 27.209576^° Long:- 78.24508^°

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The effluents sample deposited to the Regional Office Laboratory, UPPCB, Agra for Analysis purposes. As per the sample Analysis report received from R.O., UPPCB, Agra Office. The quality of mixed Domestic effluents is not meeting the standards (Annexure-D).

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6.0. Details of Analysis report are given below.

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S. *No.*	*Sampling Points*	*Parameter as* *per water*	*Standard*
		*testing report*

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O. A. No. 510/2022 Ramnaresh Vs. State of U.P.& Ors.

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1	Pamari (Panwari) Village (Drain)	P^H- 7.9, TSS-687 mg/I, B.O.D.-194 mg/I, COD- 416 mg/I, TDS- 1718 mg/I.	P^H- 5.5 to 9.0 TSS - 100 mg/ltr BOD - 30 mg/ltr COD - 250 mg/lft TDS- No Stdd
2	Mohammadabad Village at Tundla, Pamari (Panwari) drain before meeting the pond -1	P^H- 8.1, TSS-109 mg/I, B.O.D.-28 mg/I, COD- 104 mg/I, TDS- 537 mg/I.	anar
3	Mohammadabad Village pond-2 after meeting Pamari (Panwari) drain	P^H- 7.7, TSS-164 mg/I, B.O.D.-58 mg/I, COD- 168 mg/I, TDS- 1511 mg/I.
4	Christ the king inter college, Mohammadabad, Tundla Road populated area Tundla.	P^H- 8.4, TSS-235 mg/I, B.O.D.-116 mg/I, COD- 384 mg/I, TDS- 2216 mg/I.
5	Kothi No. 1, Tundla (R.P.F. Barack) after illegal Shauchalaya	P^H- 8.1, TSS-128 mg/I, B.O.D.-114 mg/I, COD- 368 mg/I, TDS-1841mg/I.

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7.0. Action Taken Report (ATR)

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1. Asstt. Engineer (III), Irrigation deptt., Hathras has given letter Dt. 13.01.2023 to Executive Officer, Nagar Palika Parishad, Tundla that illegal Sauchalaya constructed over the Pamari drain should be removed within 03 days ( Letter Copy enclosed).

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2. A notice has been issued to Executive Officer, Tundla dt. 10.01.13 regarding sewage discharge in Pamari drain by U.P.P.C.B. (S.P.C.B.) (Copy enclosed).

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3. Executive Officer, Nagar Palika Parishad, Tundla and Irrigation deptt., Hathras jointly demolished the illegal Sauchalaya through JCB machine on dt. 17.01.2023 & damaged the whole civil structure form Pamari drain and now sewage discharge in Pamari drain is stopped which was going through Sauchalaya. Compliance report of Executive Engineer, Irrigation deptt., Hathras in this regard dt. 18.01.2023 submitted.”

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In view of the averments made in the application and observations

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made in the report of the Joint Committee, (1) the State of Uttar Pradesh

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Ramnaresh Vs. State of U.P.& Ors.

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O. A. No. 510/2022

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through Chief Secretary, Government of Uttar Pradesh, (2) Executive Officer, Nagar Palika Parishad, Tundla (3) State PCB and (4) District Magistrate, Tundla were impleaded as respondents no. 1 to 4 vide order dated 28.02.2023 and notices were ordered to be issued to them.

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Pursuant to notice, replies/responses have been filed by respondent no. 1 vide email dated 01.05.2023, by respondent no. 2 vide speed post received on 13.04.2023, by respondent no. 3 vide email dated 25.05.2023 and by respondent no. 4 vide email dated 28.04.2023.

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The relevant part of the reply of respondent no. 1 is reproduced below:-

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“ Response on behalf of State of Uttar Pradesh in Compliance to order dated 28.02.2023 passed by the Hon'ble National Green Tribunal, New Delhi in Original Application No. 510/2022 Ramnaresh Vs State of U.P. & Ors.

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X X X X

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The grievance in the application is regarding discharge of untreated sewage in Pameri drain which is adding to pollution of River Yamuna. The Hon'ble National Green Tribunal, New Delhi Vide order dated 30.08.2022 has constituted a Joint Committee comprising representative of State PCB and District Magistrate Firozabad with the direction to submit the factual and action taken report. The Joint Committee visited the site and submitted the report to the Hon'ble National Green Tribunal, New Delhi vide letter dated 19.01.2023. The copy of the Joint Committee report as submitted in the Hon'ble NGT is enclosed as Annexure-I

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2. As per the report of Nagar Palika Tundla, they have constructed permanent roof top slab over the Pamari drain and Toilets has been constructed over it for which septic tank & soak pit provided. During inspection by the committee it was noticed that the domestic sewage is discharged in Pamari drain, which travels around 12 kms. & on the way of sewage mixed waste water of the drain is used by local farmers for irrigation purpose.

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O. A. No. 510/2022

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Ramnaresh Vs. State of U.P.& Ors.

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water/sewage was flowing in the drain and the drain was found in dry condition (Photograph of the drain is attached in the Joint Committee report as Annexure-C). Hence at present there is no direct discharge in River Yamuna. Only during rainy season it may meets River Yamuna. No other encroachment was found over the drain other than toilets during the inspection.

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The effluent samples were also collected during inspection of the Joint Committee and analysis reports were submitted by the Joint Committee as Annexure-D in its report. It is submitted that the grievance contained in the captioned O.A. was with respect to discharge of untreated sewage in Pameri drain which was adding to pollution of river Yamuna.

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3. The Executive Officer, Nagar Palika Parishad, Tundla and Irrigation Department, Hathras jointly demolished the illegal Sauchalaya through JCB machine on dt. 17.01.2023 and removed the whole civil structure from Pamari drain and as per the Joint Committee report there is no sewage discharge from illegal Sauchalaya into Pamari drain. The compliance report was submitted by Executive Engineer, Irrigation Department, Hathras vide his letter dt. 18.01.2023 with the Joint Committee report.

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4. It is also submitted that in the Joint Committee Report records in Para- 4 that there is no direct discharge of water from the Pameri drain into the River Yamuna and that the same may only occur during the monsoon season if the water from the drain meets the River Yamuna on account of rains

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5. It is submitted, in view of the above facts and developments that the sole structure through which sewage waste water was discharged into the Pamari drain was the toilet constructed over the drain in Tundla and it has been entirely demolished as verified by the Joint Committee in its report. That now the water in the Pamari drain is no longer contaminated by sewage waste. Further, there is no direct flow of water into the River Yamuna from the Pamari drain or from the pond in which the Pamari drain meets.

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Accordingly, it is submitted that all efforts have been made by the State of Uttar Pradesh and compliance has been ensured with regard to the issue of stopping discharge of untreated sewage waste from the Pamari drain into the River Yamuna, which formed the subject matter of the captioned OA”

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The relevant part of the reply of respondent no. 2 is reproduced below:-

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1- “ ;g fd f'kdk;rdrkZ }kjk izLrqr izkFkZuk i= eux<Ur vk/kkjks ij

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izLrqr fd;k x;k gS ftlesa vafdr rF; vlR; ,oa fujk/kkj gSA

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O. A. No. 510/2022

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Ramnaresh Vs. State of U.P.& Ors.

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2- ;g fd ekuuh; fVªoquy ds vkns'k fnukad 30-08-2022 ds }kjk izkFkZuk i= esa vafdr rF;ksa dh LFkyh; tkap djk;s tkus gsrq 4 lnL;ksa dks ukfer djrs gq, lfefr xfBr dh x;h FkhA

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3- ;g fd mDr xfBr dh x;h lfefr ds lnL;ks }kjk f'kdk;rdrkZ ls lEidZ fd;k x;k rFkk fnukad 09-01-2023 dks iekjh ukyk dk fujh{k.k fd;k x;kA

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4- ;g fd uxj ikfydk ifj"kn Vw.Myk }kjk flapkbZ foHkkx ls izkIr vuqKk fnukad 01-03-2017 ds vuqikyu es 'kgj Vw.Myk dk fefJr xUnk ikuh dks fu;af=r djus ,oa uxj ds lkSUn;hZdj.k gsrq HkjkZ ukys ds dPps ls iDdk cuok;k x;k Fkk 'kgj ls fudyk ikuh HkjkZ ukyk@iekjh ukyk ls 'kgj ls okgj tkrk gS blds ikuh dk Ñf"k dk;Z dh flpkbZ gsrq mi;ksx fd;k tk jgk gS blfy;s fefJr ty ;equk unh rd ugh tkrk gSA

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5- ;g fd xfBr Vhe ds lnL; miftyk eft0 Vw.Myk] vf/k'kklh vfHk;Urk flapkbZ foHkkx gkFkjl ,oa {ksf=; vf/kdkjh iznw"k.k fu;U=.k oksMZ fQjkstkckn ,oa vf/k'kklh vf/kdkjh uxj ikfydk ifj"kn Vw.Myk dh la;qDr lfefr }kjk ty iznw"k.k dh tkap gsrq iekjh ukyk ds izkjfEHkd LFky ls ,oa xzke eksgEenkckn ds rkykc ij ukyk feyku ls ,oa rkyc ds i'pkr iekjh ukys ls ,oa dkbZLM n fdax b.Vj dkyst ds ikl ,oa dksBh ua0 1 ds ikl ls iekjh ukyk ds ty ds lSEiy ysdj VSfLVax fjiksVZ gsrq lfefr }kjk Hksts x;s ftldh fjiksVZ ySc }kjk VsLV dj izLrqr dh x;h gS ftldk mYys[k lfefr }kjk izLrqr fjiksVZ esa vafdr fd;k x;k gSA ¼vk[;k layXu½

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6- ;g fd iekjh ukyk ij tks 'kkSpky; cuk;k x;k Fkk mldk lhost VSad uky dh iVjh ds ikl vyx cuk;k x;k Fkk blfy, 'kkSpky; dh xanxh dks iekjh ukys esa lh/ks izokfgr ugha fd;k x;k Fkk fdUrq 'kkSpky; iekjh ukys ij gksus ds dkj.k flpkbZ foHkkx dh vkifRr ds dkj.k ukys ds ikVdj cuk;s x;s 'kkSpky; dks rRdky uxj ikfydk ifj"kn Vw.Myk }kjk rqM+okdj mldk eyok ¼b±V] feV~Vh vkfn½ ikfydk }kjk gVk fn;k x;k ftldh lwpuk vf/k'kklh vfHk;Urk flpkbZ foHkkx gkFkjl dks ikfydk ds i=kad 1357@fnukad 17-01-2023 }kjk ns nh x;h tks layXud 02 ij layXu gSA

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7- ;g fd iekjh ukyk es ?kjsyw mi;ksx dk vo'ks"k ty tks iekjh ukyk es tkrk gS mldk mi;ksx iekjh ukyk ls yxs gq, Ñ"kdx.kks }kjk vius vius Mhty batu ls Ñf"k dk;Z ds fy, mi;ksx fd;k tkrk gS tks iekjh ukyk dh 7 fd0eh0 yEckbZ es uxyk pwjk rd Ñ"kdx.k ds mi;ksx es vkrk gSA blfy, uxyk pwjk ls ;equk unh dh nwjh 05 fd0eh0 rd iekjh ukyk esa o"kkZ_rq ds vykok dHkh dksbZ ty ;equk unh rd ugh tkrk gSA

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8- ;g fd vkns'k ds vuqikyu es a 4 lnL;ks dh xfBr lfefr dh LFkyh; vk[;k ls Li"V gS fd iekjh ukyk es a uxj ikfydk ifj"kn Vw.Myk ds Hkouks es a mi;ksx fd;s tk jgs ty dk vo'ks"k ¼vonwf"kr½ fefJr ty iekjh ukyk ls ;equk unh es ugh a tk jgk gSA mDr vonwf"kr ,o a fefJr ty dk mi;ksx Ñ"kdx.k }kjk Ñf"k dk;Z gsrq fd;k tk jgk gS blfy;s ;equk unh dk ty iekjh ukyk ds ty ls vonwf"kr ugh gks jgk gSA ”

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O. A. No. 510/2022

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Ramnaresh Vs. State of U.P.& Ors.

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The relevant part of the reply of respondent no. 3 is reproduced below:-

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“ Response on behalf of Uttar Pradesh Pollution Control Board in Compliance to order dated 28.02.2023 passed by the Hon'ble National Green Tribunal, New Delhi in Original Application No. 510/2022 Ramnaresh Vs State of U.P. & Ors

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X X X X

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2. As per the report of Nagar Palika, Tundla, they have constructed permanent roof top slab over the Pameri drain and Toilets has been constructed over it for which septic tank & soak pit provided. During inspection by the committee it was noticed that the domestic sewage is discharged in Pameri drain, which travels around 12 kms. & on the way of sewage mixed waste water of the drain is used by local farmers for irrigation purpose.

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The drain passes through Village-Chulawali, Nagla Teja, Nagla Gadhiya (Rasulabad) & Nagla Chhar at approx 7 kms having Lat. 27.156423° & Long. 78.241558°. The drain ends near Village Nagla Chhar. The drain water is temporarily stopped by local farmers. After that there is no waste water/sewage was flowing in the drain and the drain was found in dry condition (Photograph of the drain is attached in the Joint Committee report as Annexure-C). Hence at present there is no direct discharge in River Yamuna. Only during rainy season it may meets River Yamuna. No other encroachment was found over the drain other than toilets during the inspection.

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The effluent samples were also collected during inspection of the Joint Committee and analysis reports were submitted by the Joint Committee as Annexure-D in its report.

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3. The Executive Officer, Nagar Palika Parishad, Tundla and Irrigation Department, Hathras jointly demolished the illegal Sauchalaya through JCB machine on dt. 17.01.2023 and removed the whole civil structure from Pameri drain and as per the Joint Committee report there is no sewage discharge from illegal Sauchalaya into Pameri drain. The compliance report was submitted by Executive Engineer, Irrigation Department, Hathras vide his letter dt. 18.01.2023 with the Joint Committee report.

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5. It is submitted, in view of the above facts and developments that the sole structure through which sewage waste water was discharged into the Pameri drain was the toilet constructed over the drain in Tundla and it has been

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Ramnaresh Vs. State of U.P.& Ors.

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entirely demolished as verified by the Joint Committee in its report. That now the water in the Pameri drain is no longer contaminated by sewage waste. Further, there is no direct flow of water into the River Yamuna from the Pameri drain or from the pond in which the Pameri drain meets.”

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The relevant part of the reply of respondent no. 4 is reproduced

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below:-

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“Reply on behalf of Respondent No. 4 to the Joint Committee Report dated 19.01.2023 in accordance with the order of the Hon'ble National Green Tribunal, New Delhi dated 28.02.2023. X X X X

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It is to mention that the complainant Ramnaresh S/o Lt. Santveer R/o Anand nagar, Tundla , District Firozabad in his complaint dated 24/04/2022 made the averment that Nagar Palika Parishad Tundla had constructed a public toilet over the Pamari drain after getting the NOC from the Irrigation Department, Hathras. It was also mentioned in the complaint that the waste water from the toilet is being discharged in the Pamari drain without getting it treated in any Sewage Treatment Plant.

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As per the directions of Hon'ble NGT a Joint Committee was constituted on 26/12/2022. The said Joint Committee of SDM Tundla, Executive Engineer, Irrigation, Hathras, Executive officer Nagar Palika Parishad Tundla, Regional Officer, UPPCB inspected the Pamari drain on 09.01.2023. The committee found that the public toilet was constructed on the Pamari drain illegally. After the finding of the committee Assistant Engineer(III), Irrigation Department, Hathras vide his letter dated 13.01.2023 directed Executive Officer, Nagar Palika Parishad, Tundla to remove the illegally constructed toilet from the drain. In compliance of that the Executive Officer , Nagar Palika Parishad, Tundla and the officials from the Irrigation department jointly demolished the structure of toilet constructed 56 over Pamari drain on 17.01.2023. The report of Joint Committee was submitted in the NGT on 19.01.2023. In the above mentioned report the Joint Committee in its ATR at point no 7(3) mentioned that "Executive Officer, Nagar Palika Parishad, Tundla and Irrigation Deptt Hathras jointly demolished the illegal Sauchalaya through JCB machine on dt. 17.01.2023 & damaged the whole civil structure from Pameri drain and now sewage discharge in Pamari drain is stopped which was going through Sauchalaya."

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Accordingly the response from the respondent no 4 is hereby submitted for the kind consideration of Hon'ble Tribunal.”

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O. A. No. 510/2022

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Ramnaresh Vs. State of U.P.& Ors.

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The replies filed by the respondents were considered by this Tribunal on 29.08.2023 and the relevant part of the order dated 29.08.2023 reads as under:

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“4. We have gone through the application, report of the Joint Committee responses filed. We find the replies to be materially deficient with respect to the relevant aspects. As per Joint Committee Report Nagar Palika, Tundla, had constructed permanent roof top slab over the Pameri drain and Toilets had been constructed over the same for which septic tank and soak pit were separately provided. In the replies filed by respondents it has been mentioned that toilets constructed over the drain have been removed but there is no mention as to whether the roof top slabs have also been removed or not. During inspection the Joint Committee also noticed that the domestic sewage is discharged into Pamari drain which travels around 12 Kilometers and on the way sewage mixed waste water of the drain is used by the local farmers so that the whole water is temporarily stopped by the local farmers and there is no waste water/sewage flowing into drain and there is no direct discharge in river Yamuna. However, in the replies it has been admitted that during monsoon season the water from the drain may meet river Yamuna on account of rains. The Pamari drain originates from village Pamari and plays an important role in filling a pond measuring about 2 hectare on its way but ultimately Pamari Drain meets river Yamuna which is a Tributary of Ganga. Treatment of sewage/waste water flowing in Pamari drain is essential for preventing/controlling pollution in river Yamuna. In the replies it has not been mentioned as to what quantity of sewage is generated and what steps have been taken for treating the same before its discharge in other waterbodies. In the replies nothing has been mentioned regarding management of solid waste. The aspects of the treatment of sewage/waste water and management of solid waste in accordance with the environmental laws governing the same and compliance with the directions issued by this Tribunal in O.A. No. 606/2018 In reg. Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues need to be addressed by the respondents.

¶136

5. Accordingly, the respondents are directed to take appropriate remedial action in accordance with the environmental laws and direction issued by this Tribunal within two months and file Action Taken Reports on or before 05.11.2023 by e-mail at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.

¶137

6. In view of the facts and circumstance of the case, we also consider personal appearance of the Executive Engineer, Irrigation Department, Executive Officer, Nagar Palika Parishad, Tundla and District Magistrate, Firozabad on the next date of hearing through VC to be essential for producing the relevant documents and assisting this Tribunal in just and proper adjudication of the questions involved in the case and they are accordingly directed to remain present before this Tribunal on that date.”

¶138

Ramnaresh Vs. State of U.P.& Ors.

¶139

O. A. No. 510/2022

¶140

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¶141

Dr. Ujjwal Kumar, District Magistrate, Firozabad, Mr. Ashutosh Tripathi, Executive Officer, Nagar Palika Parishad, Tundla and Mr. Baljeet Singh, Executive Engineer, Irrigation Department Hathras were appeared before this Tribunal though VC and we interacted with them.

¶142

Report has been filed by Executive Officer, Nagar Palika Parishad, Tundla vide email dated 30.10.2023. Action Taken Reports have also been filed by Executive Engineer, Irrigation Department, Hathras and Executive Officer, Nagar Palika Parishad, Tundla vide email dated 06.11.2023.

¶143

The relevant part of the Action Taken report filed by Executive Officer, Nagar Palika Parishad, Tundla vide email dated 30.10.2023 is reproduced below:-

¶144

“ fo"k; % ek0 ,u0th0Vh0 esa fopkjk/khu vks0, la[;k&510@2022 jkeujs'k cuke~ mRrj izns'k jkT; o vU; esa ikfjr vkns'k fnukad 29-08-2023 ds vuqikyu ds lEcU/k esaA

¶145

vr% mijksä ds vuqikyu esa lknj voxr djkuk gS fd uxj ikfydk ifj"kn Vw.Myk ftyk fQjkstkckn måçå }kjk uxjh; {ks= ls fMLpktZ ty dks fHkUu&fHkUu 'kgjh; {ks= esa fLFkr ukyksa dks iekjh ukys esa Mkyk x;k gS] mlds lUnHkZ esa uxj ikfydk ifj"kn Vw.Myk }kjk mä ikuh ds 'kks/ku gsrq ck;ks QkbVks jsesfM;s'ku ls ikuh 'kq)hdj.k gsrq bZ&Vs.Mj ¼bZ&fufonk½ dk;kZy; ds i=kad 350/uåikåiå[email protected] vuqHkkx@ ETender @2023&24 fnukad 20-10-2023 ls bZ&Vs.Mj csclkbM http://etender.up.nic-in ij çdkf'kr dh x;h gSA ¼Nk;kçfr layXu½ tks nSfud lekpkj i= vej mtkyk esa fnukad 21-10-2023 dks çdkf'kr djk;h x;h gSA ¼Nk;kçfr layXu½ ftlds Vs.Mj fnukad 04-11-2023 dks [kksys tk;sxs] mä bZ&Vs.Mj esa çkIr U;wure fufonknkrk ls dk;Z djk;k tk;sxkA

¶146

;g fd uxj ikfydk ifj"kn Vw.Myk ds uxjh; {ks= esa fHkUu&fHkUu ukyksa dks ftu LFkkuksa ij iekjh ukys esa lEc) fd;k x;k gS] mu LFkkuksa ij çnw"k.k jksds tkus gsrq yksgs ds tky yxk fn;s x;s gSA ¼QksVksxzkQ layXu½ ftlls 'kgj ls cgdj vk jgs osLVst dks iekjh ukys esa fxjus ls jksdk tk lds] rFkk uxjh; ukyksa ls tky ds ikl bdës gksus okys osLVst dks fudyokdj uxj ikfydk ifj"kn Vw.Myk ds ckguksa ls mBokdj mldk leqfpr fuLrkj.k djk;k tk jgk gSA bl çdkj ls iekjh ukys esa tks Hkh

¶147

O. A. No. 510/2022 Ramnaresh Vs. State of U.P.& Ors.

¶148

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¶149

uxjh; {ks= dk mi;ksx fd;k x;k ty tk jgk gS mlesa dksbZ Hkh osLVst ukys esa cg jgs ikuh esa ugha tk jgk gSA ”

¶150

The relevant part of the Action Taken report filed by the Executive Engineer, Irrigation Department, Hathras vide email dated 06.11.2023 is reproduced below:-

¶151

“ Action Taken Report on the behalf of Executive Engineer, Irrigation Department, Hathras, Uttar Pradesh.

¶152

X X X

¶153

3. That a notice dated 13.01.2023 for the removal of illegal encroachment on the Parmari drain was sent by Assistant Engineer, Irrigation Department, Hathras. The notice was is in regard to ensure the demolition of the illegal toilet within 3 days. A true copy of the notice dated 13.01.2023 has been attached herein as Annexure A1.

¶154

4. That it is humbly submitted that the illegal toilet along with the slab has been demolished on 17.01.2023 jointly by the Executive Engineer, Irrigation Department, Hathras, Uttar Pradesh and the Executive Officer, Nagar Palika Parishad, Tundla, Firozabad, Uttar Pradesh.

¶155

5. That presently there is no encroachment at all on the Pamari drain in question. A compliance report dated 18.01.2023 after the removal of illegal encroachment has been filed by the Irrigation Department., Hathras, Uttar Pradesh. The true copy of the compliance report has been attached herein as Annexure A2.

¶156

6. That since the toilet has been demolished so no question of discharge from illegal toilet arises. Also, no untreated sewage is flowing into Yamuna River which is located within 12 K.M. from Parmari Drain .”

¶157

The relevant part of the Action Taken report filed by the Executive Officer, Nagar Palika Parishad, Tundla vide email dated 06.11.2023 is reproduced below:-

¶158

“ Action Taken Report on the behalf of Executive Officer, Nagar Palika Parishad, Tundla, Firozabad, Uttar Pradesh.

¶159

X X X X

¶160

3. That previous Action Taken Report has already stated that the toilet made on drain was demolished. Also, the slab on which the said toilet was made has also been demolished. The Executive Officer, Nagar Palika Parishad, Tundla in pursuance of the ADM order has demolished the illegal toilet and said slab through JCB Machine on 17 th January, 2023.

¶161

O. A. No. 510/2022

¶162

Ramnaresh Vs. State of U.P.& Ors.

¶163

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¶164

4. That whole civic structure from the Pamari Drain has been removed. Therefore, there is no encroachment at all on the Pamari drain in question.

¶165

5. That as far the Sewage flowing in the drain is concerned, all domestic water coming from the different points of the neighboring parts of Tundla passes through Tundla town. The water coming out of the drain and the water coming out of small streams (Nala) is being diverted by the farmers. The local farmers prefer to use this water for the Horticulture purposes. So, there is no constant flow of used water.

¶166

6. That Since, the particular water is being diverted by the farmers itself. Therefore, no water falls into Parmari Drain. The Parmari Drain eventually meets the Yamuna River after I2K.M. Hence, no untreated sewage is flowing into the Yamuna River.

¶167

7. The water in Parmari drain is no longer contaminated by the sewage waste. No sewage discharge from illegal toilet goes into the Parmari Drain and no waste goes into Yamuna River. This has been already clarified by the Over Sight Committee and Joint Committee in their reports.

¶168

8. That the Nagar Palika Parishad, Tundla has a small population around of 50,200 as per 2011 Census. Therefore, The domestic discharge of used water is very less. 9. That the water levels are within permissible limits for the use of Horticulture by the farmers. Further, the answering respondent has taken steps to establish the phytoremediation plant at the end point of the Nala carrying used water under its jurisdiction.”

¶169

We have gone through the averments made in the application, observations made in the report of the Joint Committee and submissions made in the replies and Action Taken Reports and also other material on record.

¶170

In the present case Nagar Palika Parishad, Tundla had after obtaining NOC from Irrigation Department, Hathras Block covered part of the drain and constructed toilets over the same and discharged sewage in the drain which was not legally permissible.

¶171

The issue of coverage of storm water drain adversely affecting environment came up for consideration before this Tribunal in number of cases. In O.A No. 66/2019 (WZ) titled as Kumar City Residents Cooperative Housing Society Ltd vs Kumar Urban Development Pvt. Ltd. &

¶172

O. A. No. 510/2022

¶173

Ramnaresh Vs. State of U.P.& Ors.

¶174

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¶175

Ors. this Tribunal noticed such orders. In that case this Tribunal observed as

¶176

under:-

¶177

“161…….In fact, issue relating to storm water drain has been considered by Tribunal in OA 454/2018 Sh. Subhash Gupta vs. Ministry of Environment and Forest. Therein the issue of coverage of storm water drains in Gurgaon adversely affecting environment came up for consideration before Tribunal, and in the judgment dated 23.07.2018, Tribunal referred to its observations made in OA 300/2013, Manoj Misra vs. UoI & Ors. decided on 13.01.2015, as under:

¶178

“...well protected and conserved drainage architecture (natural as well as manmade) in any city is an essential part of its efficient environmental and social planning and management. Open to sky storm water drains that ensure easy collection and draining away of rainfall water serves a number of purpose, in addition to ensuring that the potential flooding of areas in a city is prevented. These include: a) Serve as ground water recharge channels; b) Serve as greenways, when these are properly managed; c) Providing much needed open stretches in cities which are otherwise turning into concrete jungles and heat sinks; d) Ensure that the water that flows in these drains is well oxygenated and hence wholesome before it finally drains into a river, sea or a lake; e) Help clean naturally the waste water if any that flows in these drains; f) Maintain biodiversity and habitat conditions for a variety of plants and animals including small mammals, reptiles, birds, butterflies, etc.; g) Act as NMT (non motorized transport) channels; h) Help maintain/increase value of property lying close to these channels in cities where widespread concretization has turned an urban area/ city into a heat sink and where open spaces are available only at a premium.”

¶179

162. Tribunal also referred to a report of Department of Civil Engineering, Indian Institute of Technology, Delhi titled as “Drainage Master Plan for NCT of Delhi” stating that if a drain is covered, de-silting will be adversely affected. No sewage should be put in the storm drain nor solid waste and C&D waste should be allowed in such drains and also no sewage and solid waste. Report said that storm drains should be treated as key public assets and no encroachment should be allowed.

¶180

163. The above judgment in Manoj Misra (supra) was in respect of River Yamuna and sources of pollution of the said river. Tribunal issued directions and in para 94 xxii. Said:

¶181

O. A. No. 510/2022

¶182

Ramnaresh Vs. State of U.P.& Ors.

¶183

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¶184

“94. xxii. There shall be no construction and/or coverage of any of the drains in Delhi by any Authority or Municipal Corporation. All the drains shall be kept obstruction free by the concerned Corporation. Where substantial work (more than 85%) has been completed, such work is permitted to be completed by the Corporation after obtaining specific orders from the Tribunal in that regard. Rest of the work, where construction has just begun, the construction, including iron material, shall be removed. While completing such remnant work, Corporation shall ensure that the cross section of the drains to carry the requisite storm water for the flood of once in 25 years and other effluents, are not compromised. Such construction and /or removal shall be carried on in terms of paragraph no. 61 of this judgment.”

¶185

164. The above directions which were issued in respect of NCR Delhi were extended to State of Haryana particularly, Gurgaon directing Statutory Regulators to take steps so that storm water drains are not covered but are de-silted and kept clean. The reasons given in the above judgment against concretization and covering of storm water drains, are equally applicable in the present case also. The suggestion of Learned Counsel is that covering of drain by covering slab, was long back, therefore, it is beyond limitation but we are of the view that it is not the act of covering of drain but degradation and damage to environment, by not permitting perforation of storm water through natural drain into ground so as to serve as a source for ground water and also continuous preventing de-silting etc. due to concrete cover. It is a continuous and recurring cause of action and causing damage to environment every day. It has to be restored to its original chain. PPs cannot be allowed to treat natural storm water drain as their personal or private property so as to change/deviate/modify in the manner, they like. No authority is competent to do so as degradation and damage to environment even by Statutory Authority is impermissible. It is a serious and severe violation on the part of PPs.”

¶186

In O.A. No. 300/2013 titled as Manoj Misra vs. UoI & Ors., O.A.

¶187

No. 454/2018 titled as Sh. Subhash Gupta vs. Ministry of Environment and Forest and O.A No. 66/2019 (WZ) titled as Kumar City Residents Co-operative Housing Society Ltd vs Kumar Urban Development Pvt. Ltd. & Ors. the Tribunal considered that covering of

¶188

Ramnaresh Vs. State of U.P.& Ors.

¶189

O. A. No. 510/2022

¶190

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¶191

drains has adverse environmental impact and the same adversely affects groundwater recharge and desilting of the drains.

¶192

In the present case the structure including the toilets have already been demolished by the Nagar Palika Parishad, Tundla. It will not only be appropriate but also obligatory for Nagar Palika Parishad, Tundla and other authorities to ensure that no part of the drain in question is covered and no encroachment by way of any construction is also made over the same.

¶193

It may be observed here that the Nagar Palika Parishad, Tundla is stated to have a small population of about 50,200 as per 2011 Census and the domestic discharge of used water is also stated to be very less. In the replies as well as the Action Taken Reports filed it has been mentioned that no sewage is being discharged in the drain in question.

¶194

The aspects of the treatment of sewage/waste water and management of solid waste in accordance with the environmental laws governing the same and compliance with the directions issued by this Tribunal in O.A.

¶195

No. 606/2018 In reg. Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues need to be addressed by the respondents and the respondents are directed to take appropriate remedial action in accordance with the environmental laws and directions issued by this Tribunal as also already directed.

¶196

It may be added here that the respondents have not only to ensure that the drain in question is not covered/concretized but also that the drain in question is exclusively maintained/restored as storm water drain and the same is not to be used as open sewer to carry sewage. It be ensured that no sewage is discharged to Pameri drain and the same be periodically monitored for fecal-coliform to ensure that is properly maintained. However, the drain may be appropriately lined/strengthened

¶197

O. A. No. 510/2022 Ramnaresh Vs. State of U.P.& Ors.

¶198

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¶199

with sand and appropriate plantation may be raised on both the sides including slopes of the bunds to prevent soil erosion.

¶200

In view of the above discussed facts and circumstances, we are of the considered view that no further intervention by this Tribunal with respect to the remedial measures is required on the present application and the same is disposed of accordingly with directions as mentioned above.

¶201

Arun Kumar Tyagi, JM

¶202

Dr. Afroz Ahmad, EM

¶203

January 30^th , 2024 ag

Ramnaresh vs

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