Dismissed

Misc Application in disposed of cases No. 118/2024 in Original Application No. 454/2022 of Jai Prakash vs

NGT8 Jan 2025Misc Application in disposed of cases No. 118/2024 in Original Application No. 454/2022

Case brief

AI extract

What is this about?

Composite order dismissing a miscellaneous application for compliance report filed by District Magistrate, Ghaziabad, satisfying NGT directions regarding encroachment, land restoration, and waste disposal.

What did the court decide?

The miscellaneous application is dismissed as compliance report satisfies the Tribunal's earlier directions. No further orders are required.

Misc Application in disposed of cases No. 118/2024 in… — Environment and Pollution | NGT (2025)

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Item No.05

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Court No. 3

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BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Misc Application in Disposed of Cases No. 118/2024 In Original Application No. 454/2022

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Jai Prakash Applicant

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Versus

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State of Uttar Pradesh & Ors.

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Respondents

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Date of hearing: 08.01.2025

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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 and Ms. Gargi Chaturvedi, Advocates for UPPCB and D.M. Ghaziabad (through VC).

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ORDER

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Mr. Jai Prakash resident of Akash Nagar Indergarhi, District Ghaziabad had sent this letter petition to this Tribunal, which was treated and registered as Original Application No. 454/2022, complaining about development of unauthorized colony by raising of illegal constructions at Village Dasna, Tehsil Dasna District Ghaziabad.

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The above said O.A was disposed of by this Tribunal vide order dated

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22.03.2023. The relevant part of the order reads as under:-

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“13. In view of the factual position duly verified by the Joint Committee and also the UPPCB, the application is disposed of with directions to State of Uttar Pradesh through Chief Secretary, Government of Uttar Pradesh, Irrigation Department through Additional Chief Secretary/Principal Secretary, Irrigation Department, Government of Uttar Pradesh, Executive Officer, Municipal Council, Dasna and District Magistrate, Ghaziabad to take appropriate remedial measures

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within five months regarding (i) proper demarcation of the land of Rajwaha and removal of encroachments, if any from the same; (2) proper restoration and utilization of the land of Rajwaha (which illegally stands converted to water body having accumulation of domestic waste water/sewage and dumping ground of solid waste); (iii) proper channelization for discharge of domestic waste water/sewage by construction of sewer line/drain and linkage of the same with main sewage drain and (iv) removal/disposal of solid waste from the low lying area to ensure due compliance with the provisions of the Water (Prevention and Control of Pollution) Act, 1974, the Solid Waste Management Rules 2016 and the Environment (Protection) Act, 1986. The District Magistrate, Ghaziabad shall be the Nodal Officer for co-ordination and compliance.

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14. Action Taken Report by the District Magistrate, Ghaziabad and Status Report by the UPPCB be filed within six months by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before this Bench for further directions.”

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Since compliance report was not submitted within specified time, the matter was listed before the Bench for further orders.

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Vide order dated 28.11.2024 opportunity was granted by this Tribunal for filing of compliance report.

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In compliance thereof, compliance report dated 07.01.2025 has been filed by the District Magistrate, Ghaziabad. The relevant part of the compliance report reads as under:-

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“5. That in compliance of the Point 1 of the aforementioned Order i.e.: "(1) Proper demarcation of the land of Rajwaha and removal of encroachments, if any from the same", It is submitted that the SubDivisional Magistrate, Sadar, Ghaziabad, has conveyed via office letter dated 13.12.2024, the status of the site in question as " बड्डा राजवाहा खाररजशुदा नाली ". That the Sub-Divisional Magistrate further reported that in the revenue records the site in question is noted as a " बड्डाराजवाहाखाररजशुदा (Rejected) नाली ." This established that the area is not a "Rajwaha" (canal) but a " बड्डा सड़क (Baddha)." Furthermore, the Executive Engineer, Meerut Division, Ganga Canal, Meerut in the letter dt. 12.12.2024 and 11.12.2024, has clarified that the site in question

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does not fall under the jurisdiction of the Meerut Division, Ganga Canal, Meerut. That a paved road, constructed by the Ghaziabad Development Authority, now occupies the land, with dense population settlements on both sides. That a demarcation and measurement of the area was conducted on 12.12.2024 by the joint committee. That a Nazri map of the same was also prepared by the Gram Panchayat Dasna. Therefore, the findings of the committee confirmed that the "Rajwaha" is, in fact, " खाररजशुदा (rejected) Drain" and is categorized as a "Baddha Road" (large pit). That it is to be noted that the site has been identified by as a pond by the Joint Committee during the investigation. Copies of the revenue records has been attached herein as Annexure A/2(Colly). A Copy of the Letter dt. 13.12.2024 has been attached herein as Annexure A/3. A Copy of the Letter dt. 11.12.2024 has been attached herein as Annexure A/4. A Copy of the Letter dt. 12.12.2024 alongwith Nazri map has been attached herein as Annexure A/5. A Copy of the demarcation report has been attached herein as Annexure A/6.

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6. That with respect to the Point 2 of the Order dt. 22.03.2023 i.e.: "(2) Proper restoration and utilization of the land of Rajwaha (which illegally stands converted to water body having accumulation of domestic waste water/sewage and dumping ground of solid waste);" It is respectfully submitted that the Block Development Officer, Rajapur, Ghaziabad, through office letter dated 13.12.2024 has conveyed that two Memorandums of Understanding (MoU) dt. 05.05.2023 and 05.06.2024 were executed with M/s Dabur India Ltd. under its Corporate Social Responsibility (CSR) initiative to develop the site in question into a pond. That pursuant to these MoUs, M/s Dabur India Ltd. undertook the removal of garbage, waste, and other debris from the site in question. Furthermore, to safeguard the pond, wire fencing was installed with pillars along its perimeter. Additionally, with respect to the restoration and utilization of the land, a pond has been developed at the site in question and 100 trees and plants have been planted around to enhance its ecological sustainability and ensure its long-term environmental stability. Copies of the Memorandums of Understanding dt. 05.05.2023 and 05.06.2023 has been attached herein as Annexure A/7(Colly) Copies of the photographs of the earlier and current status of the site in question after restoration by Dabur India Ltd. have been attached herein as Annexure A/8(Colly). Copy of the letter dt. 13.12.2024 has been attached herein as Annexure A/9.

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7. That in compliance of the Point 3 of the Order dt. 22.03.2023 i.e.: (3) Proper channelization for discharge of domestic waste water/sewage by construction of sewer line/drain and linkage of the same with main sewage drain and It is submitted that the Block Development Officer, Rajapur, Ghaziabad, has informed, vide office letter dated 13.12.2024 (Annexure A/9), that cemented drains exist alongside the road adjoining the pond. It has been further clarified that the water from these drains does not flow into the said pond; instead, domestic effluent is discharged into the Dasna Drain.

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Accordingly, proper channelization for the discharge of domestic wastewater and sewage has been ensured through the construction of a sewer line/drain, linking the same with the main sewage drain system.

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8. That it is submitted that to assess the water quality of the pond, samples have been collected and submitted for analysis in the Regional Laboratory. Uttar Pradesh Pollution Control Board, Ghaziabad. Hence, the domestic effluent is discharged into the Dasna Drain which has been linked with the main sewage drainage system. A Copy of the letter dt. 16.12.2024 alongwith the laboratory report has been attached herein as Annexure A/10.

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9. That in compliance of the Point 4 of the Order dt. 22.03.2023 i.e. "(4) Removal/disposal of solid waste from the low lying area to ensure due compliance with the provisions of the Water (Prevention and Control of Pollution) Act, 1974, the Solid Waste Management Rules 2016 and the Environment (Protection) Act, 1986. The District Magistrate, Ghaziabad shall be the Nodal Officer for co-ordination and compliance." It is germane to mention that the Block Development Officer Rajapur Ghaziabad has informed vide its letter dated 13.12.2024 that the collection of solid waste in each wards is being done through e-rickshaw. It is further mentioned that, at present, there is no encroachment of any kind on the said pond, nor is there any garbage or solid waste present. Additionally, the Assistant Environmental Engineer, Uttar Pradesh Pollution Control Board (UPPCB), Ghaziabad, has confirmed through his report that, at the time of inspection, no municipal solid waste was found to be dumped in the pond in question. A Copy of the letter dt. 13.12.2024 has been attached herein as Annexure A/11.

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Copies of the photographs of solid waste disposal have been attached herein as Annexure A/12(Colly).”

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In view of the compliance report, no further orders are required to

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be passed on the present miscellaneous application which is disposed of accordingly.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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January 08^th , 2025 Misc Application in Disposed of Cases No. 118/2024 In Original Application No. 454/2022

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Misc Application in disposed of cases No. 118/2024 in Original Application No. 454/2022 of Jai Prakash vs

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Misc Application in disposed of cases No. 118/2024 in Original Application No. 454/2022 of Jai Prakash vs

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