Partly allowed

Misc Application in disposed of cases No. 114/2024 in Original Application No. 550/2022 of Pramod Kumar Agarwal vs

NGT9 Apr 2025Misc Application in disposed of cases No. 114/2024 in Original Application No. 550/2022

Case brief

AI extract

What is this about?

In a miscellaneous application seeking compliance of orders regarding maintenance of a nallah near Shahid Nagar Metro Station, the Tribunal relied on compliance reports filed by respondents. Directions were issued for continued remedial measures and quarterly reporting.

What did the court decide?

Directs Municipal Corporation, Ghaziabad and UPPCB to expedite remedial measures and upload quarterly compliance reports on their websites.

Misc Application in disposed of cases No. 114/2024 in… — Environment and Pollution | NGT (2025)

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Court No. 2

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Item No.02

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Misc Application in Disposed of Cases No. 114/2024

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Original Application No. 550/2022

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Pramod Kumar Agarwal Applicant

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Versus

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State of U.P. & Ors. Respondents

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Date of hearing: 09.04.2025

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

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Applicant: None for the applicant.

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Respondents: Mr. Bhanwar Pal Singh Jadon, Mr. Harshvardhan Singh Rajawat, Ms. Anjali Sharma and Ms. Gargi Chaturvedi, Advocates for Respondents no. 1, 2, 4 and 5.

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Mr. Vibhav Mishra, Advocate for Respondent no. 3.

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Mr. Vikramaditya Singh Malik, Commissioner, Municipal Corporation, Ghaziabad.

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ORDER

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The applicant-Pramod Kumar Agarwal had sent a letter petition dated 29.04.2022 to this Tribunal which was treated and registered as O.A. No. 550/2022 for exercise of suo motu jurisdiction.

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The applicant raised the grievances with regard to nonmaintenance of a Nala near Shahid Nagar Metro Station, G.T. Road, Sahibabad, Ghaziabad and emission of foul smell around the area causing nuisance and health hazards.

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The above said O.A. was disposed of by this Tribunal vide order dated 18.07.2023. The relevant part of the order reads as under:-

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“5. In view of reports submitted by State PCB and joint Committee report and in view of contention raised by the learned Counsel for the parties, we direct as follows:-

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i. Municipal Corporation and Jal Nigam is directed to ensure that 100% of the said drain is tapped at terminal Sewage Treatment plants either by direct lifting to the dedicated plant or by interception and diversion to under utilized plants.

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iii. Strict action should be taken against littering into the drains and bar screens be installed at regular intervals for collection and removal of waste finding its way into the drain. iv. Municipal Corporation should consider technical interventions like installation of floating aerators in the stretches of drain where issue of foul smell is persistent despite other measures in place due to stagnancy or other local factors in the drain. 6. Respondents are directed to comply with the above directions within a time from say within six months and after compliance, submit the report to the Registrar General of this Tribunal.

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7. With these observations and directions, the application stands disposed of.”

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Report as directed was not filed by the respondents and due to non-compliance of order dated 18.07.2023, the matter was listed before the Bench by the Registry by registering present Miscellaneous Application.

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Vide order dated 27.11.2024 respondents were given opportunity to file compliance reports.

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In compliance thereof, Compliance Report dated 19.12.2024 was filed by Municipal Corporation, Ghaziabad and Compliance Report dated 21.12.2024 was filed by UPPCB.

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The relevant part of the Compliance Report dated 19.12.2024 filed by Municipal Corporation, Ghaziabad is reproduced below:-

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“REPLY OF MUNICIPAL CORPORATION, GHAZIABAD X X X X

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1. That the present matter pertains to the grievance of the applicant regarding non-maintenance of the nallah near Shahid Nagar Metro Station G.T. Road, Sahibabad, Ghaziabad and foul smell flooding around the area causing nuisance and creating several diseases. It is further submitted that nallah has not been covered and has been kept open.

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2. That matter was taken up by this Hon'ble Tribunal on 06.09.2022 and a Committee was constituted with direction to submit a factual and action taken report, in compliance of which a report of the Joint Committee was submitted by Regional Officer, UPPCB vide email dated 09.12.2022, wherein which the recommendations were given, which are reproduced as under:

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"a. Covering of drain is not feasible in the said area in view of various directions of Hon'ble National Green Tribunal and Functional Plan on Drainage for National Capital Region, approved in the 65th meeting of the Planning Committee of NCR Planning Board.

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b. Since the drain is already tapped, installation of new STP at the said location is not feasible. However, Municipal Corporation along with Jal Nigam (Urban) shall ensure that 100% effluent of said drain is tapped at terminal Sewage Treatment plants either by direct lifting to the dedicated plant or by Interception & Diversion to underutilized plants. C. Municipal Corporation, Ghaziabad along with representatives of land-owning agencies in the catchment of said drain shall ensure that the activities in up-stream region of M/s Nipun Saffron Valley society are regulated as per approved land use only as this will regulate the flow as well as quality of effluent entering the drain. d. Strict action should be taken against littering into the drains and bar screens be installed at regular intervals for collection and removal of waste finding its way into the drain. e . Municipal Corporation should consider technical interventions like installation of floating aerators in the stretches of drain where issue of foul smell is persistent despite other measures in place due to stagnancy or other local factors in the drain."

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3. That thereafter, the present matter was disposed-off with the direction as under:

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"5. In view of reports submitted by State PCB and joint Committee report and in view of contention raised by the learned Counsel for the parties, we direct as follows:i. Municipal Corporation and Jal Nigam is directed to ensure that 100% of the said drain is tapped at terminal Sewage Treatment plants either by direct lifting to the dedicated plant or by interception and diversion to under utilized plants.

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ii. The Municipal Corporation, Ghaziabad shall ensure that activities in up-stream region of M/s Nipun Saffron Valley society are regulated as per approved land use and regulate the flow as well as quality of effluent entering into the drain as recommended by the joint Committee report. iii. Strict action should be taken against littering into the drains and bar screens be installed at regular intervals for collection and removal of waste finding its way into the drain. iv. Municipal Corporation should consider technical interventions like installation of floating aerators in the stretches of drain where issue of foul smell is persistent despite

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other measures in place due to stagnancy or other local factors in the drain."

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4. That in compliance of the above order, to avert foul smell, phytoremediation & aeration is being carried out. Cleaning of the drain is periodically done. For tapping of drain, over-flow was observed, which is now being tapped by diversion of drain, the work on which started in September, 2024 and will be completed by 15.01.2025. The report is annexed herewith. 5. That nothing material is concaled herefrom.”

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The relevant part of the Compliance Report dated 21.12.2024 filed

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by UPPCB is reproduced below:-

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“ COMPLIANCE REPORT ON BEHALF OF UTTAR PRADESH POLLUTION CONTROL BOARD IN COMPLIANCE TO THE ORDER DATED 27.11.2024. PASSED BY THE HON'BLE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI.

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X X X X

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6. That in compliance of above order of Hon'ble Tribunal inspection of site in question was carried out by officials from UPPCB, Ghaziabad on 17.12.2024. That during the inspection of the site in question, it was observed by the officials as under: I. That the said drain is tapped in Vaishali, Ghaziabad through a sewage treatment plant, while over flow was also observed. The said drain is not tapped completely. II. That once the drain passes the M/s Nipun Suffron Valley housing society, there is accumulation of municipal solid waste, stagnancy in the drain at said point. Which leads to smell in the region.

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III. That the bar screens were not found installed at regular intervals for collection and removal of solid waste. IV. That phyto-remediation was found installed and operational near upstream of society. V. That no technical interventions/ provision (like installation of floating aerators/other measures in the stretch of drain) is provided, where issue of foul smell is persistent, which should be installed to curb foul smell.

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VI. That during inspection surface water samples from drain were collected from upstream as well as downstream of M/s Nipun Suffron Valley housing society and analysed in Regional Laboratory, U.P. Pollution Control Board, Ghaziabad. That the result of sampling are tabulated here under.

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S.	*Parameters*	*Up-stream*	*Down-*
No			*stream*
1	pH	6.8	7.1
2	Color	Blackish	Blackish

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3	Total Suspended Solids (mg/I)	300.0	320.0
4	^{Biological Oxygen} Demand (mg/I)	110.0	168.0
5	Chemical Oxygen Demand (mg/I)	286.0	368.0
6	^{TotalColiform} MPN/100m1	4300000	2800000
7^-	FecalColiform MPN/100m1	3100000	2600000

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The inspection report dt. 17.12.2024 is attached herewith as Annexure-I.

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7. That, UPPCB Ghaziabad issued a letter to Municipal Commissioner, Ghaziabad Nagar Nigam, as well as Executive Engineer, U.P. Jal Nigam (Urban), Ghaziabad on 18.12.2024 instructing them to provide a compliance report detailing the actions taken in accordance with the aforesaid directions.

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8. That it is submitted that as per the observations by the UPPCB, no compliance has been done in relation to the directions issued by the Hon'ble Tribunal. It is further submitted that the phyto-remediation has been installed at the upstream of the society as a measure to address the issues at hand, however, it cannot be regarded as a permanent solution. The copy of letter dt. 18.12.2024 is attached herewith as AnnexureII.

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9. That in response to the letter issued by the UPPCB to the Ghaziabad Nagar Nigam dated 18.12.2024, the Nigam has submitted its compliance report to the UPPCB dated 21.12.2024. The report outlines the updates regarding the compliance status and specifies the timeline within which the directives of the Tribunal will be fully implemented. The copy of the letter dated 21.12.2024 by the Ghaziabad Nagar Nigam is attached herewith as Annexure-III.

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10.Hence, the present affidavit is being filed for kind consideration and perusal of this Hon'ble Tribunal. 11.That I state that everything stated above has been stated by me in my official capacity on and derived from the official records and I state that nothing material has been concealed there from.”

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Vide order dated 23.12.2024, Municipal Corporation, Ghaziabad

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and UPPCB were directed to file further compliance reports.

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In compliance of order dated 23.12.2024 reports dated 06.02.2025 have been filed by respondent no. 3-Municipal Corporation, Ghaziabad and respondent no. 4-UPPCB.

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The relevant part of the report dated 06.02.2025 filed by respondent no. 3-Municipal Corporation, Ghaziabad is reproduced below:-

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“ STATUS REPORT BY GHAZIABAD MUNICIPAL CORPORATION

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X X X X

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3. That in compliance of the order dated 18.07.2023, the present status report, in addition to the report dated 19.12.2024 is being submitted by the Municipal Corporation before the Hon'ble Tribunal.

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4. That present matter pertains to the Nallah near Shahid Nagar. Regarding tapping of this nallah/ drain, this drain is tapped. This drain later. joins Shahadra drain. Flow of the Shahadra drain as on date is 90 MLD. The drain is tapped with 74 MLD STP. Therefore, there is overflow of 16 MLD. To cater this, Ghaziabad Nagar Nigam devised a plan that 20 MLD be directed to Indirapuram STP, which has capacity of 56 MLD & is currently getting intake of 30 MLD only.

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5. That under one city one operator programme, M/s V.A. Tech Wabag Ltd. Chennai has informed Ghaziabad Nagar Nigam that the work of lying the pipeline of 1400 MM dia has been completed. This line of 1400 MM dia was connected with 1800 MM dia Trunk line of the STP for diverting 20 MLD flows. 6. That when 15 MLD flow was released, the main trunk line of 1800 MM dia got damaged on several places owing to weight of the flow, as this line was laid down 20-25 yrs ago. Further, it led to the sinking / depression of tarred road adjacent & prejudiced the nearby houses, after which, the flow/ diversion of 15 MLD was immediately stopped.

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3. That the repair works of the trunk line is in progress, which is expected to be completed in April, 2025. After the trunk line is repaired, it will be able to cater both the regular load as well as directed load.

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4. That in meantime, the progress of constructions of new STP for 68 MLD, which is being done by UP Jal Nigam, is 38% and the project is expected to be completed by 26.08.2026. 5. That technical intervention to suppress foul smell, phytoremediation & floating aerators have been installed. As pilot project, one solar floating aerator, in addition has been installed, which has the capacity of 2 lakh litre per- day. To further increase its efficacy, green ozone is integrated with aerator with the capacity of 200 gm per- day. The by-products of the reaction are SO2 & H2O.

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6. That in addition to it, solution of 1 PPM NaC1O & H2O2 is being sprayed in the drain to suppress the foul smell. To check there is no flow of floating solid waste in the drain, an

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iron mesh admeasuring 22 x 9 ft has been installed and time to time cleaning of mesh is ensured by Ghaziabad Nagar Nigam. 1 I That nothing material is concealed herefrom.”

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The relevant part of the report dated 06.02.2025 filed by respondent no. 4-UPPCB is reproduced below:-

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“ COMPLIANCE REPORT ON BEHALF OF UTTAR PRADESH POLLUTION CONTROL BOARD IN COMPLIANCE OF THE ORDER DT. 23.12.2024 PASSED BY THE HON'BLE NATIONAL GRREN TRIBUNAL

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X X X X

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6. That in compliance of the aforementioned order dt. 27.11.2024, an inspection of the site in question was carried out by the officials of UPPCB, Ghaziabad on 17.12.2024 and a compliance report was filed on 21.12.2024 before this Hon'ble Tribunal.

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Copy of the Compliance Report has been attached herewith as ANNEXURE A-1.

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7. That the above captioned matter was last listed for hearing on 23.12.2024 and it was directed by the Hon'ble Tribunal as under:

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"....3. Further compliance reports be filed by Municipal Corporation, Ghaziabad and UPPCB on or before 31.01.2025. 4. List on 07.02.2025 for further consideration……..”

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8. That in compliance of the abovementioned order dt. 23.12.2024 an inspection of the site in question was carried out by the officials of UPPCB, Ghaziabad on 22.01.2025. That pursuant to the same an inspection report was prepared by the said officials.

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Copy of the inspection report dt. 22.01.2025 has been attached herewith as ANNEXURE A-2.

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9. That as per the said report the observations are as under:

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I. That the drain/nallah in question, identified as "Sahibabad Drain-1" in the records of the Municipal Corporation, flows adjacent to the boundary wall of M/s Nipun Suffron Valley Housing Society on its right side. The said drain originates from a point near the 80 Feet Road in Shahid Nagar and culminates in Vaishali, Ghaziabad.

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II. That the said drain is tapped at Vaishali, Ghaziabad, through a sewage treatment plant. However, instances of overflow were also noted. Copies of the photographs of the said drain are annexed with the inspection report.

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III. That after the said drain passes by M/s Nipun Suffron Valley Housing Society, there is an accumulation of municipal

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solid waste and stagnation in the drain at that point, resulting in foul odour in the vicinity. Additionally, bar screens for the collection and removal of solid waste were found to be absent at regular intervals. It was further noted that phyto-remediation had been installed and was operational upstream of the society, however, the same cannot be considered as a permanent solution to the issue.

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Copies of the site photographs are annexed with the inspection report.

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IV. During inspection, it was found that no technical interventions/ provision (like installation of floating aerators/other measures in the stretch of drain) is provided, where issue of foul smell is persistent, which should be installed to curb foul smell.

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V. That surface water samples were collected from the upstream and downstream sections of the said drain adjacent to M/s Nipun Suffron Valley Housing Society and were subsequently analyzed at the Regional Laboratory of the Uttar Pradesh Pollution Control Board, Ghaziabad.

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Copy of the Laboratory Report of the said analysis is annexed herewith as ANNEXURE A-3.

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10. That with respect to the said inspection, it was concluded by the officials of the UPPCB that the observations were found to be similar to the earlier inspection conducted on dt. 17.12.2024.

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11. That a letter dt. 30.01.2025 was issued by the Uttar Pradesh Pollution Control Board to the Municipal Commissioner, Municipal Corporation, Ghaziabad and the Executive Engineer, Construction Division (First),U.P. Jal Nigam (Urban). That in the said letter the following directions are issued under Section 5 of the Environment (Protection) Act, 1986:

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· Floating Aerator and Bar Screen Installation: A Floating Aerator and Bar Screen shall be installed in the said drain and solid waste shall be removed at regular intervals to ensure cleanliness. This will prevent overflow and foul odour in the atmosphere.

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· Complete Tapping of Sahibabad Drain-1:

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That the said drain shall be fully tapped and directed to a Sewage Treatment Plant (STP) for treatment. That under no circumstances should there be overflow from the drain, which could lead to water logging in the surrounding areas. A Copy of the 30.01.2025 has been attached here with as ANNEXUREA-4.

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12.That in light of the above, the Deponent has ensured necessary compliance in strict adherence to the directions issued by the Hon'ble Tribunal.

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13.Hence the present affidavit is being submitted for the kind perusal of this Hon'ble Tribunal. It is prayed that the same be taken on record.

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14.That I state that everything stated above has been stated by me in my official capacity on and derived from the official

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records and I state that nothing material has been concealed therefrom.”

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Vide order dated 07.03.2025 respondents no. 1, 2 and 5 were directed to file compliance report at least two days before the next date of hearing fixed and personal appearance of the Commissioner, Municipal Corporation, Ghaziabad and the Regional Officer, UPPCB before this Tribunal physically was ordered.

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In compliance of order dated 07.03.2025 Mr. Vikramaditya Singh Malik, Commissioner, Municipal Corporation, Ghaziabad has appeared before this Tribunal and we have interacted with him and heard submissions made by him.

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A perusal of compliance report filed by Municipal Corporation, Ghaziabad shows that the repair work of trunk line is to be completed in this Month and the new 68 MLD STP is expected to be completed by 26.08.2026. To supress foul smell phyto remediation and floating aerators have been installed, one solar floating aerator integrated with green ozone has been installed and solution of 1 PPM Na C1O and H2O2 is being sprayed. To prevent flow of solid waste iron mesh measuring 22X9 FT has been installed which is being cleaned from time to time.

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Based on inspections dated 17.12.2024 and 22.01.2025, UPPCB has issued directions under Section 5 of the Environment (Protection) Act, 1986 as mentioned in its report dated 06.02.2025.

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None has appeared for the applicant and the correctness of the compliance report is not challenged by anyone.

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Since further compliance is yet to be made, present Miscellaneous Application is disposed of with the directions to Municipal Corporation, Ghaziabad and UPPCB to expedite the process and take requisite

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remedial measures and upload quarterly, the further compliance reports on their websites.

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In case of any further grievance/non-compliance, the applicant will be entitled to approach this Tribunal by filing Miscellaneous Application for further directions in the matter.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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April 09^th , 2025 M.A. No. 114/2024 ag

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Misc Application in disposed of cases No. 114/2024 in Original Application No. 550/2022 of Pramod Kumar Agarwal vs

Case brief

What is this about?

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Misc Application in disposed of cases No. 114/2024 in Original Application No. 550/2022 of Pramod Kumar Agarwal vs

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What the court decided

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