Disposed

News Item Titled "Ganga-Yamuna Par Bhari Pad Rahe Aastha Ke Phool Polythene Mei Bharkar Poolo Se Daal Rahe 25 Kg Polythene Roj" Appearing in Hindustan Dated 07.12.2023 vs

NGT3 Jul 2024Original Application No. 793/2023

Case brief

AI extract

What is this about?

The NGT disposed of an application regarding the throwing of non-biodegradable puja materials in River Ganga and Yamuna. The Court directed District Magistrates to monitor pollution-prone spots, organize awareness camps, and implement existing guidelines for effective disposal of religious offerings.

What did the court decide?

District Magistrates to monitor pollution-prone spots, organize awareness camps, establish dedicated ghats, and submit monthly compliance reports to the NMCG and Tribunal.

News Item Titled "Ganga-Yamuna Par Bhari Pad Rahe Aastha… — Environment and Pollution | NGT (2024)

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Item No.11

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 793/2023

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News Item titled “ x a xk&;equk ij Hkkjh iM+ jgs vkLFkk ds Qwy] ik W yhFkhu es a Hkjdj iqyks a ls Mky jgs 25 fdxzk ikWyhFkhu jkst ” appearing in Hindustan dated 07.12.2023

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Date of hearing: 03.07.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Respondent: Mr. Daleep Dhyani, Adv. for UPPCB Ms. Tanisha Samanta, proxy counsel for Ms. Sakshi Popli, Adv. for DPCC (Through VC)

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ORDER

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This original application has been registered suo-moto on the basis

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of news item published in Hindustan dated 07.12.2013relating to the throwing of flowers and garlands offered in pooja in the ghats of River Yamuna and Ganga in polythene bags resulting in pollution of river water.

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Tribunal by order dated 15.01.2024 had impleaded the concerned parties and had issued notice to them.

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National Mission for Clean Ganga (NMCG) has filed the status report enclosing therewith the directions issued by NMCG dated 16.09.2019 under Section 5 of the Environment (Protection) Act, 1986. Relevant part of the said directions is as under:-

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“i. No use of synthetic material/non-biodegradable material, PoP, baked clay, resin fibersand thermocol etc., for making of idols (for immersion/visarjan thereof). Use of toxic and non-biodegradable chemical dyes/synthetic paints for painting of idols should be strictly prohibited.

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ii. No idol immersion into River Ganga and its tributaries and on their banks.

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iii. River banks and ghats should be cordoned off and barricaded to prevent any stray immersion of idols in the river or its banks.

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iv. Adequate arrangements should be made for designated idolimmersion sites within municipal area or bank of river Ganga and its tributaries by constructing temporaryconfined ponds with removable synthetic liners at the bottom.

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v. Sufficient numbers of separate bins/containers should be provided at designated idol-immersion sites for collection of flowers, garlands and decorating materials/clothing/ metal items.

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vi. Separate bins/receptacles should be also provided at ghats on river Ganga and its tributaries for collection of flowers, garlands and decorating materials/clothing/metal items.

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vii. Three bin system to be provided at all pooja pandals for proper segregation of biodegradable and non-biodegradable pooja refuse and other materials for ensuring efficient disposal

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viii. Biodegradable pooja materials like flowers, garlands, etc, should be composted while non-biodegradable materials like decorating materials (made of paper, plastic and clothing) and metal items etc. should be recycled, in an eco-friendly manner.

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ix. No pooja material to be disposed directly in the river.

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x. A Co-ordination Committee comprising of District Administration Officials, Municipal Officials, Police, NGOs etc. may be set up for guiding the public & Puja Committees for carrying out puja and immersion with no adverse effect to the environment.

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xi. Within 48 hrs. of the immersion of idol (visarjan), the left over material at all designated idol immersion sites within municipal area/ panchayat/bank of river should be collected by the local bodies for disposal as per CPCB guidelines.

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xii. Notification of designated idol-immersion sites to Pooja Samitis, mela authonties, general public through newspaper advertisements and other means of information dissemination.

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xiii. Public and Pooja Samitis be educated regarding ill effects of idol immersion in the river and water bodies through mass awareness programmes. Messages should be constantly played by Pooja Samitis for information of devotees regarding the arrangements of designated idol-immersion sites.

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xiv. Adequate numbers of hoarding boards/banners to be municipal area and near Pooja Pandals with Do's and Don'ts in respect of idol Immersion during festivals. Similarly, hoarding boards/banners related to ban of idol immersion in rivers/water bodies/ill-effects of idol immersion in rivers and water bodies to be placed at designated idol immersion sites and important ghats on river Ganga and its tributaries.

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xv. District Magistrate shall enforce the above directions by issuing relevant instructions to the concerned officials for monitoring and enforcement of the directions. If any person violates above directions, then Rs. 50,000 as environment compensation should be levied, collected and deposited with State Pollution Control Boards.”

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Uttar Pradesh Pollution Control Board (UPPCB) has also filed the response dated 12.03.2024 stating the steps have been taken by it to prevent throwing of polythene bags with garlands and pooja items in River Ganga and Yamuna especially in reference to installation of screen over-bridges and in the drains and creating awareness through loudspeakers in the ghats and placement of Arpan Kalash in some of the ghats for collection of puja items, flowers etc.,and appointment of Safai Mitra for cleaning the ghats and disposal of solid waste collected in the ghats. Reply also states aboutcollectionof flower waste from 34 temples byNOIDA Authorityand its transport to sector 34-Nari Niketan Campus where by a team of self-help group, flowers are processed to make incense sticks, herbal colors etc.

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Delhi Pollution Control Committee (DPCC) has also filed response dated 26.06.2024 disclosing the status of Wire Mesh/Wire Net installed in the bridges for prevention of dumping of waste from the bridges across River Yamuna in Delhi.

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In the response dated 28.06.2024, UPPCB has disclosed the directions which have been issued by it under Section 5 of the Environment (Protection) Act, 1986 to Directorate of Local Bodies vide letter dated 28.06.2024 which are as under:-

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“1. यह क देश के अ तग त आ छा दत न दय म जाने वाले सम त नाल म बार-मेश थािपत करते ए उनके िनर तर सफाई कये जाने एवं त प ात् लाि टक ा होने पर ािधकृत रसाइ लस के मा यम से उ लाि टक का िन तारण कया जाए।

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2. यह क पूजा घाट पर पूजा साम ी एवं फूल , पॉलीथीन बैग को न दय म न फ के हेतु बल काय वाही क जाए।

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3. यह क संबंिधत नगर िनकाय अिधकारी को िनद िशत कया जाए क अपने े ा तग त ऐसेहॉट- पॉट िचि हत कर जहाँ से पॉलीथीन म फ ू ू ल एवं पूजा साम ी को नदी एवं नाल म वािहत कया जाता है तथा ऐसा करते ए पाये जाने पर दोिषय क िव िनयमानुसार े े काय वाही क जाए।

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4. यह क न दय के घाट पर अिभयान चलाकर लाि टक पॉलीथीन को िनकाला जाना सुिनि त कया जाए एवं त प ात् लाि टक ा होने पर ािधकृत रसाइ लस केमा यम स े उ लाि टक का िन तारण कया जाए।

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5. यह क देश म आ छा दत न दय म पॉलीथीन से भरे ए फूल अथवा पूजा साम ी न फ के जाने हेतु ापक तर पर जन-जाग कता अिभयान चलाया जाए। “

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After hearing the Learned Counsel for the parties and perusalof the record, we find that this issue has already been considered by Tribunal earlier in OA No. 06/2012 and OA No.300/2013 in the matter of Manoj Mishra V. Union of India & Ors. wherein the Tribunal by order dated 13.01.2015 had directed as under:.

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“ xxx………………………xxx…………………………………….xxxx……

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94.vi. (a) During the pendency of this application, it was brought on record that nearly 37,000 cubic m. construction debris are lying on the eastern bank of River Yamuna, while 53,000 cubic m. debris is lying on the western bank of the River. The major part of this debris has already been removed under the orders of the Tribunal during pendency of this application. The local Commissioners appointed had reported to the Tribunal that major part of debris had been removed by the DDA, DMRC, Corporations, the PWD and the UP Government. DMRC has removed 33,000 cu. m. from Sarai Kale Khan and 20,000 MT 88 from Shastri Park, the State of UP has removed 37,000 MT from the Flood Plain and DDA has removed 2500 cu. m. from Eastern Bank of River Yamuna and 7500 cu. m. from Western bank of River Yamuna, amongst others.

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(b) Indiscriminate dumping of debris and construction waste is a direct source of not only pollution of River Yamuna, but even the environment and ecology as a whole. In order to control and prevent such pollution, we confirm the interim order dated 22nd July, 2013, passed by the Tribunal, with the variation in payment of amount of compensation payable by the offender and direct that no person, authority, corporation and/or by whatever name or designation it is called, shall dump any kind of construction debris, municipal, or any other waste on the floodplain/river bed of River Yamuna and its associated water bodies. There shall be complete prohibition on dumping of any material in and around River Yamuna.

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(c) Whoever violates this direction relating to the dumping of debris, shall be liable to pay compensation of Rs. 50,000/- on the ‘Polluter Pays’ Principle and the Precautionary Principle. Such compensation shall be used for removal of such waste and restoration of environment.

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(d) We hereby prohibit any person from throwing pooja material or any other material like, food-grain, oil, etc into River Yamuna, except on the designated site. Any person who is found disobeying this direction shall be liable to pay compensation of Rs. 5,000/- on the

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‘Polluter Pays’ Principle.

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At the same time, we direct the concerned authorities, particularly, the Irrigation Department and concerned Corporations or authorities to build special Ghats on the banks of River Yamuna, where people could offer or immerse such materials, which shall then be duly collected by the

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concerned authorities for immediate and proper disposal in a scientific manner. It shall be ensured that no such material is permitted to join the main stream of the river at any point. In this regard they may take such steps, as may be technically advised, including, providing of screens and barricades.

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(e) We have provided the above compensation payable by the offenders who are found to be throwing municipal or any other waste into the river or its flood plain and by the persons who are found to be dumping construction and heavy debris, based on the ‘Polluter Pays’ Principle. Even though, it is not practically possible to determine the amount of compensation with exactitude, that such offenders should be directed to pay, however, on a rough estimation based on manpower required, time and money spent for removal of such waste and debris as well as making the river free from adverse environmental impacts of such dumping into the river and on the flood plain, we have fixed the above compensation for environmental degradation under Section 15 of the NGT Act.

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(f) Whatever remnant construction or other waste is still lying on the banks of the entire stretch of Yamuna in NCT Delhi, would be removed positively within four months from today by the concerned authority/State under whose jurisdiction the said area falls

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xxx………………………xxx…………………………………….xxxx………”.

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DPCC had issued directions under Section 33A of Water (Prevention and Control of Pollution), Act,1974 as amended on 29.08.2022 for effective implementation of guidelines for Immersion of Idols on the festive occasion of Ganeshotsav and Durga Pooja etc., in accordance with the revised guidelines of CPCB issued in May 2020.

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Tribunal in OA 21/2023 in the matter of Ashwani Yadav v. Govt. of NCT of Delhi had constituted a High Level Committee (HLC). High Level Committee in its 5^th meeting held on 09.06.2023 had taken the following decision-

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“ (i) All the Bridge Maintaining Agencies which are maintaining their Bridges across river Yamuna in Delhi -

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a. To ensure providing Wire Mesh/ Wire Net to prevent throwing of Pooja Material etc into river Yamuna and if the Wire Mesh/ Wire Net is broken/ damaged then replace / repair the same by June, 2023.

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b. To keep Receptacles in form of Bins for storing Pooja Materials etc at the Bridges at suitable distances (at least at the Entry, Middle & Exit). Bridges shall be kept clean and it shall be ensured that there is no deposition of waste on the places other than the designated Bins.

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c. MCD will ensure proper collection & disposal of Pooja Materials and other waste collected from such Receptacles / Bins regularly on daily basis.”

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High Level Committee had taken further decision in its 6^th meeting on 10.08.2023 to the following effect:-

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“(i) All the Bridge Maintaining Agencies (PWD / CPWD, NHAI, Northern Railway, etc) shall comply the decisions taken and mentioned in the Minutes of 5th meeting of HLC held on 09.06.2023 and submit their action taken reportto the convener of HLC within 10 days.

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(ii) PWD & other Bridge Maintaining Agencies to take urgent necessary action for repair of damaged /missing wire meshes over their bridges on riverYamunaand submit their action taken reportto the convener of HLC within 10 days

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Copy of the Minutes of 6th Meeting of High Level Committee held on 10.08.2023 are at Annexure - 3.”

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It is noticed that inspite of the earlier directions of the Tribunal and decisions taken by CPCB, DPCC and High Level Committee, problem of throwing of puja samagri and garlands is still subsisted. Report of the DPCC dated 26.06.2024 states that total 3916 number of challans were issued for dumping of malba and illegal parking on Yamuna River flood plain as on 31.05.2024 and total compensation amount of Rs. 7.882 crores was imposed , out of which Rs, 1.06575 crore was recovered.

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In order to effectively tackle the problem and proper implementation of orders already passed, following steps may be taken:-

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i. Further, display boards may be placed on the bank of river at an appropriate distance (100 m from edge of river)mentioning not to throw religious offerings and making the general public aware about imposition of fine on violating it.

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ii. Mass awareness at school level be encouraged about Impact of religions offering on rivers.

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iii. Attempt be made to restrict Religious offering 100 m away from the edge of river and along the bank and not in the river water to protect the river flood plain.

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iv. The authorities to identify suitable locations at appropriate places along the river stretch for developing a dedicated Ghat where various religious ceremonies/rituals can be undertaken including idol immersion, pujas. These Ghats should have all arrangements for the said purposes. Routine monitoring should be undertaken to ensure that religious offering are properly managed without hurting religious feelings and sentiments. Each Ghats/location should have distinct plan and actions taken with respect to;

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(a) Idol immersion

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(b) Collection, storage processing of flowers, coconut and other offerings by Temples, individually or collectively.

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(c) Controlling and preventing direct/indirect disposal (“Visarjan") of offerings into river (presently in Ganga and Yamuna) which is from bridges, drains or on Ghats, etc.

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(d) Collection and composting arrangements for treating the organic waste such as flowers, fruits, leaves, food material etc. should be established at identified location to prevent open decomposition along the Ghats/river stretches.

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Since, the present OA relates to throwing of flowers, garlands and other puja materials in river Ganga and Yamuna, therefore, action is required to be taken by the authority/body in terms of the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016, paragraph 3 (j) of the order defines “District Ganga Committee” means the District Ganga Protection Committee mentioned in paragraph 53. The paragraph 4 relates to the Principles to be followed for Rejuvenation, Protection and Management of river Ganga and paragraph 6 provides for Prevention, Control and Abatement of environmental pollution in river

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Ganga and its tributaries. The paragraph 6(4) in clear terms provides that:-

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“6. Prevention, control and abatement of environmental pollution in River Ganga and its tributaries.-

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(1) xxx………………………….xxx…………………………………..xxx

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(2) xxx………………………….xxx…………………………………..xxx

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(3) xxx………………………….xxx…………………………………..xxx

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(4) No person shall do any act or carry on any project or process or activity which, notwithstanding whether such act has been mentioned in this Order or not, has the effect of causing pollution in the River Ganga .”

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Clause 53 of the order provides for Constitution of District Ganga Protection Committees with the District Collector in the specified District as ex-officio Chairman.

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Clause 55 of the order provides for functions and powers of District Ganga Committees as under:-

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“ 55. Functions and powers of District Ganga Committees.-

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(1) Every District Ganga Committee shall discharge functions and exercise powers for rejuvenation, protection, restoration and rehabilitation of River Ganga and its tributaries in each specified District as laid out in paragraph 6 and 7 as per the principles specified in paragraph 4.

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(2) In particular, and without prejudice to the generality of the provisions of sub-paragraph (1) for rejuvenation and protection and restoration or rehabilitation of degraded areas abutting River Ganga and its tributaries and subject to other provisions of this Order and rules made thereunder, every District Ganga Committee shall have the following powers and functions in relation to River Ganga and its tributaries abutting in the area in specified District, namely:-

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(a) identifying activities which may be threats in the area of specified District abutting the River Ganga for protection of River Ganga and its tributaries or its River bed and making a plan for remedial action and take remedial action in respect thereof;

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b) taking remedial action at its own end for protection of River Ganga and its tributaries or its River bed abutting in the specified District (excluding enforcement of the provisions of this Order)

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(c) in the event of its inability to take remedial action, reporting (electronically as well as by sending written communication in hard copy) to the National Mission for Clean Ganga and concerned State Government, the State Ganga Committee, as the case may be, for issue of direction for protection of River Ganga and to formulate appropriate management or remedial actions.

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(d) taking suitable administrative and other measures, to give effect to the provisions of this Order so as to prevent the environmental pollution in the River Ganga and its tributaries, not being inconsistent with the provisions of this Order, or any law for the time being in force.

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(3) In case, the District Ganga Committee is of the opinion that any contravention has been made of any other law for the time being in force or in respect of provisions of this Order, it shall take appropriate action in accordance with the law for the time being in force.

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(4) The District Ganga Committee shall take all such emergency measures as specified in paragraph 7.”

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The above scheme of the Ganga Rejuvenation Order, 2016 makes it clear that it is the responsibility of the District Ganga Committee to ensure that no person directly or indirectly discharges any pollutant in river Ganga or its tributaries or their banks. It is their primary responsibility to protect, rejuvenate and restore river Ganga and its tributaries in their Districts. Hence, each of the District Magistrate as heads of District Ganga Committee in respect of the District abetting river Ganga and Yamuna specially in respect of Garhmukteshwar, Kanpur, Bithur, Prayagraj and Varanasi on Ganga and Agra, Mathura, and Prayagraj on river Yamuna is required to ensure that:-

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i. The orders issued by the Tribunal and the Guidelines issued by the different authorities as noted above to protect river Ganga and its tributaries are fully complied with.

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ii. to mark spots, stretches, sites etc. prone to such activities which cause pollution in the river and take steps for full compliance of the

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directions of the Tribunal and SoP and Guidelines issued by the authorities/Boards in this regard.

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iii. to carry out the monthly monitoring of all the relevant spots, stretches, sites etc. which are prone to throwing of the flowers and garlands offered in puja and immersion of idols by deploying ground level staff and supervising the same.

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iv. to organize awareness camps and take all possible steps to make the general people aware in respect of the pollution being caused in the river by throwing such samagri .

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v. to disclose steps taken in this regard in the monthly and annual reports submitted to the NMCG and State Ganga Committee in terms of paragraph 59 of the 2016 Order. They will also send the relevant extract of such report to the Registrar General of the Tribunal for next six 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 to ascertain the compliance of this Order.

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Original Application is accordingly disposed of.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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July 03, 2024 Original Application No. 793/2023 JG.

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News Item Titled "Ganga-Yamuna Par Bhari Pad Rahe Aastha Ke Phool Polythene Mei Bharkar Poolo Se Daal Rahe 25 Kg Polythene Roj" Appearing in Hindustan Dated 07.12.2023 vs

Case brief

What is this about?

What did the court decide?

News Item Titled "Ganga-Yamuna Par Bhari Pad Rahe Aastha Ke Phool Polythene Mei Bharkar Poolo Se Daal Rahe 25 Kg Polythene Roj" Appearing in Hindustan Dated 07.12.2023 vs

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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