Disposed

Misc Application in disposed of cases No. 26/2025 in Original Application No. 310/2022 of Kamlesh Singh vs

NGT7 Apr 2025Misc Application in disposed of cases No. 26/2025 in Original Application No. 310/2022

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of a monitoring application regarding the discharge of untreated sewage and water quality of the Ganga and Yamuna rivers during the Magh Mela. The court noted substantial compliance by UPPCB and CPCB with previous monitoring and reporting directions.

What did the court decide?

None; the matter was disposed of after recording compliance reports.

Misc Application in disposed of cases No. 26/2025 in… — Environment and Pollution | NGT (2025)

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Item No. 19

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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M.A. No. 26/2025 In

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Original Application No. 310/2022

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& Original Application No. 56/2024

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Kamlesh Singh Applicant

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Versus

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State of Uttar Pradesh & Ors. Respondent(s)

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Date of hearing: 07.04.2025

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER Applicant: Mr. Saurabh Tiwari, Applicant in Person in OA No. 56/2024 (Through VC)

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Respondents: Ms. Garima Prashad, AAG with Mr. Ankit Verma, Adv. for the State of UP Mr. Gigi. C. George, Mr. Ishwer Singh & Mr. Sunil Kumar, Advs. for NMCG & CWC Mr. Amit Shukla & Mr. Deva Shukla, Advs. for UPPCB Mr. Raj Kumar, Adv. for CPCB

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ORDER

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This MA has been registered on the basis of sample analysis report submitted by Uttar Pradesh Pollution Control Board (UPPCB) along with covering letter dated 28.01.2025 in compliance of the direction of the Tribunal dated 23.12.2024 issued in OA No. 310/2022 and connected MA No. 59/2024.

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In the OA and MA, Tribunal was examining the issue of discharge of untreated sewage and water quality of river Ganga in reference to Magh Mela and Kumbh Mela.

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By the order dated 23.12.2024, OA and MA were disposed of by issuing following direction:-

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“ 19 Hence, we dispose of the MA and OA with the following directions:

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ⅰ ) During the Maha Kumbh in order to have a better monitoring mechanism and to ensure that on account of the unwanted flow of untreated sewage in river Ganga and Yamuna, the pilgrims who come for holy bath may not suffer, the CPCB and UPPCB will increase their monitoring points and frequency of monitoring on river Ganga and Yamuna.

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ii) The CPCB and UPPCB will take the water samples from river Ganga and Yamuna from the points atleast twice a week at regular intervals by avoiding duplicacy of sample on the same day and will display the sample analysis report on the website of UP PCB and CPCB. The report will also include performance of STPs and geo-tubes.

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in) Periodic samples will be collected by UP PCB and CPCB at the outlet of STPs and advanced oxidation ponds and the analytical reports be uploaded on website of PCB and CPCB Apart from the above, the online monitoring data will also be uploaded

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iv) The sample analysis report will be sent by CPCB and UP PCB during the Mela fortnightly to the Registrar General of the Tribunal so that in case of need, the matter can be listed for consideration again.

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v) The solid waste generated during the event will be managed as per the prescribed Rules relating to its management and disposal.

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vi) It has been pointed out that the Magh Mela will continue from 12.01.2025 till 26.02.2025 for about 45 days and there will be six important bathing days. The regulatory agencies will strengthen the management system and be more prompt in

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ensuring the compliance, especially during the days of increase footfall The authorities will ensure that no untreated sewage and solid waste from any of the drains in Prayagraj is discharged in river Ganga and Yamuna. The UP PCB and CPCB shall ensure that the river water quality at all times is drinking water/bathing water quality

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vii) During the Maha Kumbh and after the Maha Kumbh is over, the authorities will take steps for effective disposal of the sludge generated in the STPs and deposited in geo-tubes by following the requisite environmental norms and for the same, performance report shall be filed

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viii) In addition to submitting the sample analysis report as directed in para (iv) above, the CPCB and UPPCB will submit comprehensive action taken report before the Registrar General of the Tribunal by 31.01.2025 and 28.02.2025 disclosing the status of compliance.”

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In compliance of the above directions, UPPCB had filed certain water sample analysis report along with covering letter dated 28.01.2025 on the basis of which present MA was registered.

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Central Pollution Control Board (CPCB) had also filed the report dated 03.02.2025 disclosing details relating to non-compliance of the norms. The tribunal took note of the above reports in the proceedings dated 17.02.2025 when the Counsel for State of Uttar Pradesh had sought time to examine the reports and file the response. Tribunal in the order dated 17.02.2025 also recorded that earlier order of the Tribunal dated 23.12.2024 was not complied with and comprehensive action taken report was not filed by the UPPCB.

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UPPCB, thereafter, filed the compliance report dated 26.02.2025 disclosing that sampling reports of samples taken from outlets of STPs of Prayagraj, outlets of 7 geo-tubes and water samples from 04 sampling points of river Ganga and 02 sampling point of river Yamuna in Prayagraj

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were uploaded in the official website of UPPCB. In respect of compliance of the norms, report of UPPCB states as under:-

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“5…..Based on the monitoring reports, the quality of river water conforms with all the parameters for outdoor bathing in majority of the samples. Only few samples were found to be marginally exceeding the norms prescribed for Faecal Coliform (FC). Further, the quality of river water was found to be conforming with the norms for outdoor bathing in all the samples at Sangam.”

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CPCB has also filed affidavit in compliance of the order dated 19.02.2025 disclosing that in compliance of the order of the NGT dated 23.12.2024 regular water quality monitoring (twice in a week) was undertaken at 07 locations, 05 locations on river Ganga and 02 locations on river Yamuna from 12.01.2025 onwards. Location points have been disclosed in this report. It is also stated that treated sewage quality was monitored at 07 STPs on fortnight basis. In respect of anomalies and non-compliance disclosed in the report dated 03.02.2025, explanation of the CPCB in the subsequent report dated 28.02.2025 is as under:-

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“7. It is humbly submitted that there is a significant variability in the values on various parameters, viz. pH, Dissolved oxygen (DO), Biochemical Oxygen Demand (BOD) and Fecal Coliform Count (FC) for the samples taken from the same location on different dates. The values of the afore-mentioned parameters also vary at different locations for the samples collected on the same day. An expert committee in CPCB has examined the issue of variability in data and was of the view that the data represents a snapshot of water quality at a specific location and time and may vary significantly depending upon factors such as upstream anthropogenic activities, rate of flow, depth of sampling, time of sampling, river current and mixing of currents, sampling location and such other multiple factors. As a result, these values reflect water quality parameters at the exact time and place from where these water samples were collected and

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may not fully represent the overall characteristics of the river, therefore, not necessarily reflecting the overall river water quality throughout the river stretch.”

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The reports of the UPPCB and CPCB are taken on record.

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Above subsequent reports of the UPPCB and CPCB disclose substantial compliance of direction of the Tribunal. Learned AAG appearing for State of UP submits that in compliance of the direction contained in paragraph 19(vii) of the order dated 23.12.2024 fresh compliance reports will be filed within six weeks.

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In view of the above, MA is disposed of.

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Prakash Shrivastava, CP

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Sudhir Agarwal, JM

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Dr. A. Senthil Vel, EM

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April 07, 2025 M.A. No. 26/2025 JG.

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Misc Application in disposed of cases No. 26/2025 in Original Application No. 310/2022 of Kamlesh Singh vs

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 26/2025 in Original Application No. 310/2022 of Kamlesh Singh vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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