Disposed

Misc Application in disposed of cases No. 46/2024 in Original Application No. 18/2023 of Mritunjay Narayan Jha vs

NGT16 Jul 2025Misc Application in disposed of cases No. 46/2024 in Original Application No. 18/2023

Case brief

AI extract

What is this about?

The NGT disposed of a miscellaneous application regarding compliance orders on noise and sewerage pollution from sewage pumping stations in Ghaziabad. The court accepted the UP PCB report, directed replacement of old DG sets, and fixed timelines for verification of compliance by the respondent authorities.

What did the court decide?

Directions issued to UP PCB to verify MCG compliance within four months and directions regarding replacement of DG sets and odor control.

Misc Application in disposed of cases No. 46/2024 in… — Environment and Pollution | NGT (2025)

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Court No. 1

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Item No. 09

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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M.A. No. 46/2024 In Original Application No. 18/2023 (I.A. No. 465/2025)

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Mritunjay Narayan Jha Applicant

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Versus

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State of Uttar Pradesh & Ors.

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Respondent(s)

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Date of hearing: 16.07.2025

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Respondents: Mr. Bhanwar Pal Singh Jadon, Ms. Hemlata Singh, Ms. Gargi Chaturvedi & Ms. Anjali Sharma, Advs. for UPPCB & U.P. Jal Nigam Mr. Vibhav Mishra, Adv. for Ghaziabad Nagar Nigam (Through VC) Mr. Atif Suhrawardy, Adv. for CPCB Mr. Neeraj Kumar & Ms. Meenakshi Jha, Advs. for R - 4 & 6

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ORDER

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This Misc. Application has been registered on the basis of the communication received from the applicant in OA No. 18/2023 concerning the compliance of the order dated 22.02.2023 passed in OA No. 18/2023.

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The OA was registered on the basis of a letter petition received from Shri Mritunjay Narayan Jha, Secretary, NEPRWA, Nirala Eden Park, GH05, Ahinsha Khand-II, Indirapuram Ghaziabad raising a grievance about foul smell hazards gases being emitted from the sewage pumping station and noise pollution from the high-power generation installed in the sewage plant. There was also the issue of setting up of the STP but no violation was found in this regard. The OA was disposed of with a direction to the State PCB to look into the issue and if necessary take action and submit action taken report.

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The UP PCB has submitted the report dated 10.07.2024 disclosing

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the compliance and action taken as under:-

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“xxx xxx xxx

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2. Compliance and action taken: -

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In compliance to the above direction passed by this Hon'ble NGT vide order dated 29.04.2024, inspection of site in question was carried on 01.06.2024 in presence of representative of Complainant, Sh. Dhirender, Estate Manager, Nirala Eden Park, GH-05, Ahinsa Khand-2, Indirapuram. During visit, representative of group housing society has informed that the grievances are against foul smell and noise pollution caused by sewage pumping station situated just adjacent to the boundary wall of said society. On the basis of facts found during visit, are mentioned below:-

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(i) During visit it was observed that 02 nos. of main sewage pumping stations having capacity 56 MLD and 48 MLD are established adjacent to boundary wall of said society Nirala Eden Park, GH-05, Ahinsa Khand -2, Indirapuram, Ghaziabad and was reported to be operated by Pvt. agency M/s VA Tech Wabagh Ltd., Chennai. These sewage pumping stations are established for the pumping of sewerage water to existing sewage treatment plant 56 MLD MBR and 56 MLD UASB for treatment.

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(ii) 56 MLD main sewage pumping station is having 06 nos. of pumps of capacity 220 HP each for pumping of sewage coming from nearby areas. It was also found that 02 nos, of DG sets (320 KVA each) with acoustic enclosure are installed but inadequate stack height. These DG sets are also not converted into dual fuel or RECD in compliance of CAQM directions regarding regulation of DG sets in NCR and adjoining areas. During inspection, DG sets was found not operational and reported to be non-operational due to non-availability of diesel. No logbook regarding operation of DG sets was provided.

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(iii) 48 MLD main sewage pumping station is having 04 nos. of pumps of capacity 200 hp each and 01 nos. of capacity 150 hp for pumping of sewage water coming from nearby areas. It was also found that 02 nos. of DG sets (700 KVA each) without acoustic enclosure and inadequate stack height. Both DG sets are very old (manufacturing year 1999 as per in-built specification plate on said DG sets). Further, CPCB has issued The National guidelines for 'in-use generator sets (noise and emissions)', according to which generator sets manufactured on or after 17th May 2002 be scrapped and dismantled after its useful life, i.e., 15 years from the date of manufacturing or 50,000 hours of operation, which ever earlier. It was informed by the operator of facility that both DG sets are being used in case of power failure, but no logbook regarding operation of DG sets was provided.

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(iv) At the time of inspection, ambient monitoring in respect to noise level of DG sets installed at 48 MLD sewage pumping

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station was carried out. As per monitoring report, noise level was observed 96.1 dB (leq.) against 75 dB (leq.) prescribed for DG set under Noise (Pollution & regulation) Rules, 2000, which is beyond the prescribed limit.

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(v) It was also observed that 03 STP's are established at approx. 350 meters away from said society. These STP's are operational and monitoring of STP's are being carried out by UPPCB on weekly basis regularly, as per analysis reports of samples collected during the month of May 2024, all parameters were found within prescribed norms, copy of same is annexed as Annexure-1.

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(vi) Having regard to the facts found during inspection, a letter has been sent to Municipal Commissioner, Ghaziabad by UPPCB vide letter no. 84 448/NGT/2024, dated 05.06.2024 for providing action plan regarding control of noise pollution as well as odour and take remedial measures in accordance with guideline issued by CPCB, copy of same is annexed as Annexure-2.”

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The UP PCB has made following recommendations in that report:-

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“xxx xxx xxx

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3. Observations/ Recommendation: -

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1. Both DG sets (700 KVA each) installed in 48 MLD sewage pumping station should be phase out in compliance of The National guidelines issued by CPCB for 'in-use generator sets (noise and emissions)', according to which generator sets manufactured on or after 17th May 2002 be scrapped and dismantled after its life, i.e., 15 years from the date of manufacturing or 50,000 hours of operation, which ever earlier.

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2. DG sets (320 KVA each) installed in 56 MLD sewage pumping station should be converted in dual fuel (PNG & HSD) or RECD should be installed with adequate stack height in accordance with direction issued by CAQM regarding regulation of DG sets in NCR region.

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3. It was observed that due to natural property of sewage, mild foul smell of sewage was found in nearby area of said pumping stations. Hence, Nagar Nigam Ghaziabad should make proper arrangement to control odour in accordance with 'Guidelines on odour pollution & its control' issued by CPCВ.”

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Learned counsel appearing for the UP Jal Nigam has referred to the compliance report dated 15.07.2025 and has submitted that the UP Jal Nigam has replaced the 2 DG sets at the 48 MLD sewage pumping station

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and 2 new DG sets 400 KVA each as per norms with requisite exhaust system stack height have been installed.

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Learned counsel appearing for the MCG submit that needful in compliance of the report of the UP PCB dated 10.07.2024 could not be done till now to replace the 2 DG sets at 56 MLD SPS because in para 2 (ii) of the report of the UP PCB dated 10.07.2024 factually correct assertion has been made that 2 DG sets in 56 MLD SPS are of 320 KVA each whereas these DG sets are of 750 KVA each. Learned counsel appearing for the UP PCB does not dispute it and submits that it’s an inadvertent typographical error. Hence, the MCG is permitted to proceed on the basis of the above correction and take necessary action to comply with the report of the UP PCB dated 10.07.2024 in respect of the replacement of the DG sets as also in other aspects.

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Learned counsel for the MCG on instruction from Shri K.P. Anand, General Manager, Jal, MCG has submitted that now full compliance of the observations/recommendations of the UP PCB contained in the report dated 10.07.2024 so far they relate to MCG will be done within three months.

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The UP PCB is required to cross-check and verify the compliance done by the MCG also by Respondent No. 5-UP Jal Nigam. In respect of the Respondent No. 5, the verification will be done by the UP PCB within one month from today and in respect of the MCG the verification will be done by the UP PCB immediately on completion of three months period from today and verification report will be submitted before the Tribunal within four months.

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The MA is accordingly disposed of.

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All the pending IAs also stands disposed of.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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Dr. Afroz Ahmad EM

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July 16, 2025 M.A. No. 46/2024 In Original Application No. 18/2023 (I.A. No. 465/2025) A

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Misc Application in disposed of cases No. 46/2024 in Original Application No. 18/2023 of Mritunjay Narayan Jha vs

Case brief

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Misc Application in disposed of cases No. 46/2024 in Original Application No. 18/2023 of Mritunjay Narayan Jha vs

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