Disposed

Harpal Singh vs

NGT6 Nov 2025Original Application No. 433/2023

Case brief

AI extract

What is this about?

Environmental agency disposed of application regarding sewage overflow into agriculture land. Tribunal noted groundwater level issues contributed to overflow. Ordered construction of a pakka drain and sewage treatment facility. Noted no compensation claimed and rejected due to lack of evidence.

What did the court decide?

Directions to respondents to complete the drain and take remedial steps for utilization of treated waste water for horticultural/agricultural purposes.

Harpal Singh vs — Environment and Pollution | NGT (2025)

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Item No. 5

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL

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PRINCIPAL BENCH, NEW DELHI

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ORIGINAL APPLICATION NO. 433/2023

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1. HARPAL SINGH S/o Late Diwan Singh Village Bamanheri, Post- Rampur, Tehsil- Sadar, Thana- Kotwali Muzaffarnagar-251001 State of Uttar Pradesh Applicant Versus 1. STATE OF UTTAR PRADESH, Through its Chief Secretary, 101, B Block, Lok Bhawan, U.P. Secretariat, Lucknow-226001 Email Address: [email protected]

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2. UTTAR PRADESH STATE POLLUTION CONTROL BOARD, Through its Member Secretary, Building No. TC-12V, Vibhuti Khand, Gomti Nagar, Lucknow, Uttar Pradesh-226010 Email: [email protected]

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3. DISTRICT MAGISTRATE, MUZAFFARNAGAR Collectorate, (Near Prakash Chowk) Muzaffarnagar, Uttar Pradesh-251001 Email: [email protected]

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4. DIVISIONAL RAILWAY MANAGER, NORTHERN RAILWAYS, NDCR Building, State Entry Road, New Delhi Email: [email protected]/[email protected]

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5. EXECUTIVE ENGINEER, PWD, MUZAFFARNAGAR, Bhopa Road, Civil Lines North, Muzaffarnagar, Uttar Pradesh-251001 Email: [email protected]/[email protected]

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6. MUNICIPAL COUNCIL, MUZAFFARNAGAR, Through its Executive Engineer, Email: [email protected] [email protected]

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7. JILA PANCHAYAT RAJ ADHIKARI, MUZAFFARNAGAR, Through its Executive Officer,

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O.A. No. 433/2023

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Harpal Singh vs. State of Uttar Pradesh & Ors.

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Email: [email protected]

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8. CHIEF DEVELOPMENT OFFICER, MUZAFFARNAGAR Vikas Bhawan, Muzaffarnagar

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Email: [email protected]

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9. JILA PANCHAYAT, DISTRICT PANCHAYAT RAJ OFFICER, Muzaffarnagar Email: [email protected]

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Respondents

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Counsel for the Applicant:

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None for the applicant.

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Counsel for the Respondents:

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Mr. Ankit Verma, Advocate for respondents no.1, 3, 5, 7, 8 and 9 with Mr. Kamal Kishore Deshbhusan Kandarkar, CDO, Muzaffarnagar and Ms. Renu Shrivastav, DPRO, Muzaffarnagar.

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Mr. Pradeep Misra and Mr. Daleep Dhyani, AdvocateS for respondent no. 2.

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None for respondents no. 4 and 6

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PRESENT:

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

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_____________________________________________________________________________ Judgment reserved on:-24.07.2025 Judgment pronounced on:- 06.11.2025 _______________________________________________________________________

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JUDGMENT

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PRONOUNCED BY: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JM

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Mr. Harpal Singh, s/o late Diwan Singh resident of Bamanheri, Post Office Rampur, Tehsil Sadar, Police Station Kotwali, District Muzaffarnagar, Uttar Pradesh made a complaint on public grievances portal of this Tribunal enclosing therewith a letter petition dated 28.03.2023, which has been treated and registered as Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 (NGT Act,

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O.A. No. 433/2023

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Harpal Singh vs. State of Uttar Pradesh & Ors. 3

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for exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022) 13 SCC 401.

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The applicant has raised grievances that the effluent from the drain passing through the land of railways near Roorkee Road Railway Bridge near village Bamanheri, Muzaffarnagar is overflowing to and has stagnated in the agricultural land of the applicant due to which the applicant is unable to cultivate the same and the applicant and his family members are deprived of livelihood. The applicant made complaint to the concerned authorities but no action has been taken on the same. The relevant part of the letter petition (pages 1 to 9 of the paper book) enumerating grievances of the applicant reads as under:-

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“ विषय: दूवषत ि गन ् दे पानी की रोकथाम हेतू प ्र ाथथना पत ्र / सूचना-पत ्र ।

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1- ननिेदन है कक प्राथी का नाम हरपाल नसिंह पुत्र स्िगीय कदिान नसिंह उम्र 70 िषथ, ियिसाय खेती-ककसानी ि खेतीहर मजदूरी ननिासी ग्राम बामनहेडी, पोस्ट रामपुर, तहसील सदर थाना कोतिाली, जजला मुज़फ्फरनगर है।

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2 - ननिेदन है कक प्राथी का एक खेत (जोत)/ कृवष भूनम- माप लगभग 2 . 5 बीघा जमीन ग्राम बामनहेडी में ननकट रुड़की रोड रेलिे विज के पास है, जजसके एक ओर रुड़की रोड रेलिे विज ि एक ओर रेलिे लाइन ि उसकी जमीन ि सीमाएिं हैं. भूनम के ननकट सिंकेत स्थल मोबाइल टािर.

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3- ननिेदन है कक पैरा 2 में िजणथत प्राथी की खेत (जोत) / कृवष भूनम से लगते हुये रेलिे विभाग की जमीन में रुड़की रोड , रेलिे पुल के नीचे से नाले के द्वारा गन्दा ि दूवषत पानी प्राथी के खेत में भर रहा है. जजसके कारण प्राथी अपने खेत (जोत) / कृवष भूनम पर खेती का कायथ करने ि फसल उगाने में असमथथ है , जजसके कारण प्राथी अपने पररिार का पालन-पोषाण करने में असमथथ हो गया हैं जजसके कारण/पररणामस्िरूप प्राथी के पररिार के सामने घोर आनथथक सिंकट खड़ा हो गया है ि इस कारण प्राथी के पररिार को आनथथक माननसक ि सामाजजक क्षनत/हानन पहुिंच रही है। छायाप्रनत / फोटो सिंलग्न है।

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O.A. No. 433/2023

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Harpal Singh vs. State of Uttar Pradesh & Ors.

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4 - ननिेदन है कक पैरा 3 में िजणथत समस्याओिं के ननराकरण हेतू अनतशीघ्र कायथिाही करने की आिशयकता है। पैरा 3 में िजणथत समस्याओिं के ननराकरण हेतू यकद अनतशीघ्र कोई कायथिाही नहीिं की जाती तो यह मान नलया जायेगा कक प्राथी अपने खेत में इस गन्दे ि दूवषत पानी को रोकने के नलए ककये गये सभी काय कायथिाही हेतु हर प्रकार से रखाि कानून के अन्दर/अनुसार सही है ि इस हेतु कक गयी सभी प्रकार की कायथिाही के विपरीत कोई भी सरकारी विभाग या गैर सरकारी विभाग कोई भी सस्था या व्यवि ककसी भी प्रकार का कोई भी दािा या ककसी भी प्रकार की कानूनी कायथिाही प्राथी के विरुद्ध नहीिं करेगा। प्राथी द्वारा कक गयी ककसी भी कायथिाही के कारण यकद ककसी सरकारी गैर-सरकारी व्यवि या सिंस्था / विभाग को ककसी भी प्रकार की कोई भी हानन या क्षनत होती है पहुिंचती है , तो इसके नलये प्राथी ककसी भी प्रकार से ककसी के भी प्रनत जिाबदेह नहीिं होगा ककसी भी प्रकार की हानन या क्षनतपूनतथ के नलये जजम्मेदार नहीिं होगा ि इसके नलये सरकारी विभागों ि इसके कमथचाररयों की घोर लापरिाही को जजम्नेदार माना जायेगा।

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ननिेदन है कक पैरा 3 में िजणथत समस्याओिं के ननराकरण हेतु यह प्राथथना पत्र / सूचना पत्र नलखकर कदया जा रहा है ि प्राथी द्वारा सरकारी विभागों ि इसके कमथचाररयों से अनुरोध / प्राथथना की जाती है कक पैरा 3 में िजणथत समस्याओिं के ननराकरण हेतु अनतशीघ्र कायथिाही करने की कृपा करें। ”

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English Translation by the Registry of the relevant part of the letter

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petition quoted above is reproduced below:-

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“ Subject: Application/Notice for prevention of contaminated and dirty water. X X X X

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1It is requested that the name of the applicant is Harpal Singh, son of late Diwan Singh, age 70 years, occupation: farming and agricultural labour, resident of village Bani Post Rampur, Tehsil Sadar, Police Station Kotwali, District Muzaffarnagar.

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2It is requested that the applicant owns a farm (holding)/agricultural land measuring approximately 25 bighas in the village of Bamanhedi, near the Roorkee Road Railway Bridge, bordered on one side by the Roorkee Road Railway Bridge and on the other by the railway line and its land and boundaries. There is a mobile tower signaling point near the land.

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O.A. No. 433/2023

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Harpal Singh vs. State of Uttar Pradesh & Ors.

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3It is requested that dirty and contaminated water is filling the applicant's field through the drain from under the Railway bridge on Roorkee Road in the land of Railway Department adjacent to the applicant's field (holding) / agricultural land mentioned in para 2, due to which the applicant is unable to do farming work and grow crops on his field (investigation) agricultural land, due to which the applicant has become unable to feed his family, due to which / as a result of which a severe financial crisis has arisen in front of the applicant's family and due to this the applicant's family is facing financial, mental and social loss / damage. Photocopy / photo is attached.

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4It is requested that immediate action be taken to resolve the problems described in paragraph 3. If immediate action is not taken to resolve the problems described in paragraph 3, it will be assumed that all actions and actions undertaken by the applicant to prevent the flow of contaminated water to his or her farm are compliant and within the law. No government or nongovernment department, institution or individual will have any claim or legal action against the applicant for any of these actions. If any government, non-government, individual, or organization suffers any loss or damage of any kind due to any action taken by the applicant, the applicant will not be held accountable to anyone for any loss or damage, nor will he be responsible for any loss or compensation. The gross negligence of government departments and their employees will be held responsible for any such actions.

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It is requested that this application/information letter is being given in writing for the solution of the problems mentioned in para 3 and the applicant requests/requests the government departments and its employees to kindly take action as soon as possible for the solution of the problems mentioned in para 3.”

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Since the averments made in the letter petition, treated as Original Application, raised substantial environmental questions related to implementation of the enactments specified in Schedule I of the National Green Tribunal Act, 2010, this Tribunal, vide order dated 01.08.2023 impleaded (1) State of Uttar Pradesh through Chief Secretary, Government of Uttar Pradesh, (2) Uttar Pradesh State Pollution Control Board (UPPCB), (3) District Magistrate (DM), Muzaffarnagar, (4) Divisional Railway Manager (DRM), Northern Railways and (5) Executive Engineer (EE), PWD,

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O.A. No. 433/2023

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Harpal Singh vs. State of Uttar Pradesh & Ors.

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Muzaffarnagar as respondents no. 1 to 5 and ordered issuance of notices to the respondents requiring them to file their responses.

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By the above said order this Tribunal also constituted a Joint Committee comprising of Uttar Pradesh Pollution Control Board; DRM, Northern Railway; EE, PWD; and DM, Muzaffarnagar with direction to visit the site, look into the grievances of the applicant, associate the applicant, verify the factual position and take appropriate remedial action by following due course of law. The Committee was directed to ascertain sources and destination of drainage carrying waste water and extent of damage caused to the owners of the adjoining agricultural land particularly, the applicant and submit its report within one month.

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Executive Engineer, PWD, Muzaffarnagar filed reply dated 06.09.2023 (pages no.10 to 12 of the paper book) by e-mail dated 08.09.2023. The relevant part of the reply is reproduced below:-

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“ उि के पररपेक्ष्य में न्यायकहत में आपको ननम्नानुसार अिगत कराना है जजससे स्पष्ट होता है कक उि दूवषत ि गिंदा पानी लो०नन०वि० के स्िानमत्ि िाले ककसी मागथ अथिा नाली/नाला के कारण नही आ रहा है। :-

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1. यह कक रेलिे लाईन के एक ओर सुन्दर नगर कॉलोनी ि एफ०सी०आई० का गोदाम है। सुन्दर नगर कॉलोनी ि एफ०सी०आई गोदाम से होते हुए रेलिे लाईन तक नाली ि टाईल्स की सडक बनी हुई है। जजसका स्िानमत्ि लो०नन०वि० का नही है।

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2. यह कक मौका स्थल का ननरीक्षण करने के उपरान्त यह पाया गया कक सुन्दर नगर कॉलोनी का पानी नाली से होता हुआ रेलिे लाईन के नीचे लगभग पचास िषथ से पुरानी रेलिे द्वारा नननमथत बॉक्स कल्िटथ से होता हुआ कदल्ली नीनतपास मागथ (शहरी प्रभाग) के ओिर विज के नीचे पूिथ में नननमथत मागथ पर बनी पाईप कल्िटथ से होता हुआ आगे की ओर प्राकृनतक रूप से बने कच्चे नाले से होकर काली नदी में जाकर नमलता है।

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3. यह कक उि कच्चे नाले के बराबर में आिेदनकताथ श्री हरपाल नसिंह की कृवष भूनम है।

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O.A. No. 433/2023

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Harpal Singh vs. State of Uttar Pradesh & Ors.

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4. यह कक रेलिे लाईन बहुत पुरानी है जजसके नीचे बॉक्स कल्िटथ पूिथ में ही रेलिे द्वारा नननमथत है। सुन्दर नगर कॉलोनी का दूवषत/ गिंदे पानी का बहाि प्राकृनतक रूप से काली नदी में जाता है।

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अतः महोदय उपरोि से सम्बजन्धत नज़री नक्शा सिंलग्न कर इस अनुरोध के साथ प्रेवषत ककया जा रहा है कक उपरोि प्रकरण पर लो०नन०वि० द्वारा कोई भी कायथिाही ककया जाना अपेजक्षत नही है। जजस कारण आपसे अनुरोध है कक कृपया उपरोि पिंजीकृत ओ 0 ए 0 सिं 0 433/2023 को समाप्त करने की कृपा करें। ”

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In compliance of order dated 01.08.2023, action taken report of the Joint Committee (pages no.13 to 25 of the paper book) was filed by the Chief Environmental Officer Circle-3, UPPCB by e-mail dated 12.10.2023. The relevant part of the report of the Joint Committee is reproduced below:-

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“ ACTION TAKEN/COMPLIANCE REPORT OF JOINT COMMITTEE CONSTITUTED BY HON’BLE NATIONAL GREEN TRIBUNAL’S ORDER DATED 01.08.2023 IN O.A. NO. 433/2023 HARPAL SINGH VERSUS STATE OF UTTAR PRADESH

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X X X X

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Committee comprising of members of District Administration, PWD and UPPCB inspected the site on 21.09.2023 as proposed. The facts and finding of inspection is as below:-

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a) The applicant has complained that the effluent from the drain passing through the land of railways near Roorkee Road Railway Bridge near village Bamanheri, Muzaffarnagar is overflowing to and has stagnated in the agriculture land of the applicant due to which the applicant is unable to cultivate the same. During inspection, the agricultural land was found filled with drain sewage.

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b) During inspection, complete survey was carried out focusing on passage of the drain, type of discharge in the drain and situation of the agricultural land in question.

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c) The drain passes through the residential area of Sunder Nagar Colony in Muzaffarnagar area, after which the drain passes from the side of F.C.I. warehouse. Drain passes through the F.C.I. warehouse and then passing through the railway line parallelly. The drain crosses the highway

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O.A. No. 433/2023

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Harpal Singh vs. State of Uttar Pradesh & Ors.

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(Muzaffarnagar Roorkee marg) and then passing just near to the agricultural land in question.

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d) During inspection, it was observed that the complainant had dug up his land removing lot of soil from the same agricultural land due to which the level of this agricultural land has been found way lower than the local drain and also to the other agricultural land. Due to the lower gradient, the sewage from the drain has overflowed into the land in question.

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e) Below is a pictorial presentation of the area surveyed by the joint committee

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X X X X

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f) Revenue department vide Letter dated 3.10.2023 (Annexure 4) has also confirmed that due to removal of soil/sand, the applicant's land has a higher depth than the drain resulting in overflow of the sewage through drain.

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g) UPPCB collected sample of the drain effluent and analyzed it. As per analysis report, BOD-36.0 mg/l and COD=192 mg/1 has been recorded which clearly shows that the drain carries only domestic effluent. Further, the drain is kaccha and has a very low flow in it. At present, this drain is not connected to any STP for treatment of sewage.

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Recommendations

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1. As an immediate solution, It is suggested that the applicant may rise a wall on the side of the land where the drain sewage flows, or make the land gradient leveled up by sand/ soil uptill the drain level to stop the overflow.

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2. The drain which is kaccha may be made pakka drain by the concerned department. The drain in question comes under jurisdiction of Zila Panchayat Raj Adhikari. Hence, Zila Panchayat Raj Adhikari Muzaffarnagar may submit a plan

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O.A. No. 433/2023

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Harpal Singh vs. State of Uttar Pradesh & Ors.

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along with timeline to make a pakka drain. Letter dated 09.10.2023 has been issued to DPRO (Annexure 5) by Regional Officer, UPPCB to consider to carry out work to make a pakka drain.”

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In view of the observations made in the report of the Joint Committee, this Tribunal considered presence of the Municipal Council, Muzaffarnagar to be necessary for just and proper adjudication of the question involved in the case and accordingly, vide order dated 17.10.2023, impleaded the Municipal Council, Muzaffarnagar through its Executive Officer as respondent no. 6 and ordered issuance of notice to respondent no. 6- Municipal Council, Muzaffarnagar through its Executive Officer requiring it to file its reply/response within three months.

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On 18.01.2024 Learned Counsel for respondent no.6- Municipal Council, Muzaffarnagar submitted that the area in question falls outside the municipal limits of Municipal Council, Muzaffarnagar. This Tribunal also noticed that in its report the Joint Committee had also mentioned that the drain in question comes within the jurisdiction of Zila Panchayat Raj Adhikari, Muzaffarnagar.

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Accordingly, vide order dated 18.01.2024 this Tribunal impleaded Zila Panchayat Raj Adhikari Muzaffarnagar. Vide order dated 06.09.2024 description of respondent no. 7 was ordered to be corrected as Jila Panchayat Raj Adhikari, Muzaffarnagar through its Adhyaksh. By above said order this Tribunal also impleaded Chief Development Officer, Muzaffarnagar and Jila Panchayat, District Panchayat Raj Officer, Muzaffarnagar as respondent no. 7 (sic 8) and 9.

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Reply dated 24.06.2024 (pages no. 26 to 39 of the paper book) was also filed by respondent no.6- Nagar Palika Parishad, Muzaffarnagar by e-

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O.A. No. 433/2023

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Harpal Singh vs. State of Uttar Pradesh & Ors.

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mail dated 29.06.2024 that the area regarding which the applicant has filed the present application is outside the municipal limits of Nagar Palika Parishad, Muzaffarnagar and therefore it is not possible for Nagar Palika Parishad to take any action in this regard.

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Vide order dated 18.07.2024 respondents no. 1, 2, 3 and 7 were also directed to file action taken reports.

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In compliance of order dated 18.07.2024 report dated 23.08.2024 (pages no.64 to 76 of the paper book) was filed by respondent no. 2- UPPCB. The relevant part of the report dated 23.08.2024 filed by respondent no. 2-UPPCB is reproduced below:-

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“ RESPONSE IN COMPLIANCE TO THE ORDER DATED 18.07.2024 IN O.A. NO. 433/2023 HARPAL SINGH VERSUS STATE OF UTTAR PRADESH

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X X X X

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Action Taken in compliance to the order dated 18.07.2024

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In compliance to the order passed by this Hon’ble Tribunal, the District Magistrate, Muzaffarnagar vide its letter no. 577/OA No. 433/Harpal Singh/2024 dated 16.08.2024 (contained as Annexure 2) has issued a directions to AMA, Jila Panchayat, Muzaffarnagar, as the area outside the Municipal area falls under Jila Panchayat jurisdiction. Hence, AMA Jila Panchayat, Muzaffarnagar, in compliance of the order passed by the District Magistrate, inspection the area and drain in question along with the officers of UPPCB, Regional Office, Muzaffarnagar on dated 20.08.2024. As per the report dated 21.08.2024 (contained as Annexure 3) submitted by AMA, Jila Panchayat, Muzaffarnagar, it has been observed that the area of kaccha drain carrying sewage is flowing side to the railway line, Hence, the actions including modification of the drain and construction of facility to treat the sewage is falling under the Railways Department.

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Further, it has been observed that the drain in question is not specifically a storm water drain and carries only untreated sewage discharged from nearby colonies.

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Hon’ble Tribunal, vide its order dated 01.08.2023 has constituted a joint committee comprising member of

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O.A. No. 433/2023

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Harpal Singh vs. State of Uttar Pradesh & Ors.

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Railways. However, even after written communication to the railways department, no member was nominated for joint inspection. Hence, the joint team had to inspect the area without any findings/comments from the Railways Department.

¶116

Further, at present, there is no facility operational for treatment of the sewage flowing through the drain and ultimately being discharged on agricultural land and indirectly in River Kali West. Hence, as per the latest finding, the Railways Department has committed the violation of Guidelines issued under the Water (Prevention and Control) of Pollution Act, 1974. In pursuance to the above, the UPPCB has issued a show cause notice to Divisional Railway Manager, Northern Railway, New Delhi for action under the provisions of the Water (Prevention and Control) of Pollution Act, 1974 and also for imposition of Environmental Compensation for the violation vide letter no. H16136/C-3/Sa/289/M.Nagar/2024 dated 23.08.2024 (Annexure-4).”

¶117

Respondent no. 3- District Magistrate, Muzaffarnagar also filed identical response dated 24.08.2024 (pages no. 77 to 91 of the paper book) by e-mail dated 25.08.2024 and for sake of brevity and avoid repetition the same has not been reproduced here.

¶118

Vide order dated 06.09.2024 this Tribunal observed that in response dated 24.08.2024 filed by UPPCB it was stated that the District Magistrate, Muzaffarnagar sent a letter dated 23.08.2024 to the Divisional Railway Manager, Northern Railway, New Delhi.

¶119

Response dated 28.09.2024 (pages no. 92 to 98 of the paper book) was filed by Apar Mukhya Adhikari, Zila Panchayat, District Panchayat Raj Officer, Muzaffarnagar on behalf of respondent no. 9- Jila Panchayat, District Panchayat Raj Officer, Muzaffarnagar. Identical response dated 28.09.2024 (pages no. 99 to 106 of the paper book) was filed by respondent no. 7 (sic 8)- Chief Development Officer, Muzaffarnagar. The relevant part

¶120

O.A. No. 433/2023

¶121

Harpal Singh vs. State of Uttar Pradesh & Ors. 12

¶122

of the response dated 28.09.2024 filed by respondent no. 8- Chief Development Officer, Muzaffarnagar is reproduced below:-

¶123

“ कृपया उपयुथि विषयक मा० राष्ट्रीय हररत अनधकरण में विचाराधीन ओ०ए० सिंख्या 433/2023 हरपाल नसिंह बनाम स्टेट ऑफ उत्तर प्रदेश एण्ड आदसथ में पाररत 06.09.2024 एििं मा० राष्ट्रीय हररत अनधकरण के कडस्पेच निं 0 1870 कदनािंक 21.09.2024 एििं आपके कायाथलय पत्रािंक 754/ ओ.ए.निं. 433/ हरपाल नसिंह/ 2024 कदनािंक 26.09.2024 के सम्बन्ध में जजला पिंचायत मुजफ्फरनगर का पक्ष मा० अध्यक्ष महोदय

¶124

की स्िीकृनत के क्रम में आख्या सिंलग्नक रेखा नचत्र के अनुसार ननम्नित् हैः- 1. (A) से ( B) ग्राम पिंचायत रामपुर द्वारा नननमथत पक्का नाला है जजसकी लम्बाई लगभग 210 मी० है।

¶125

2. (B) से ( C) तक एफ.सी.आई. का गोदाम है जजसके सामने एफ. सी. आई. द्वारा नाला बनाया गया है। जजसकी लम्बाई लगभग 125 मी० है।

¶126

3. (C) से ( D) रेलिे विभाग द्वारा रेलिे लाईन के नीचे भूनमगत बैलेजन्सिंग कन्िटथ बनाया हुआ है।

¶127

4. (D) से ( E) भूनमगत नाला है जजसके ऊपर पी.डब्लू.डी. विभाग द्वारा ओिर विज बना हुआ है , जो अन्त में ( F) स्थान पर खत्म होता है।

¶128

5. कदनािंक 27.09.2024 को मुख्य विकास अनधकारी महोदय द्वारा कदये गये ननदेशो के क्रम में स्थलीय ननरीक्षण जजला पिंचायत मुजफ्फरनगर के अिर अनभयन्ता , प्रदूषण विभाग के सहायक अनभयन्ता श्री इमरान एििं रेलिे विभाग के सीननयर सैक्शन इिंजी. मौजूद थे। तत्समय वबन्दु ( F) ( सिंल्गनक रेखानचत्र) पर नाले का पानी Under Ground pipe से ननकल रहा था , जो रेलिे विभाग की जमीन में ननकल रहा था। 6. आज कदनािंक 28.09.2024 को अधोहस्ताक्षरी के साथ एििं प्रदूषण विभाग के आर.ओ. श्री अिंककत कुमार जी के साथ स्थल का ननरीक्षण ककया गया ननरीक्षण के समय पाया गया कक जजस स्थल पर नाले का पानी ( F) वबन्दु पर ननकल रहा था उसको जे.सी.बी. द्वारा खुदथ-बुदथ कर एििं ननकासी स्थल िाले पाईप को ननकाल कर उसकी कदशा बदल दी गयी है , तथा ितथमान में िह ( G) वबन्दु पर है , जो पी.डब्लू.डी. प्रान्तीय खण्ड एििं ननजज भूनम की ओर कर कदया गया है। आज कदनािंक 28.09.2024 के स्थलीय ननरीक्षण एििं प्रश्नगत स्थल के फोटोग्राफ सिंलग्नक है।

¶129

7. ितथमान में स्थल के रेखा नचत्र के अनुसार एििं ग्रामिानसयों / ग्राम प्रधान द्वारा बताया गया कक पानी का बहाि ( G) वबन्दु से काली नदी की ओर जाना है। चूिंकक श्री हरपाल नसिंह द्वारा अपने खेत से नमटटी उठाने के कारण उनका खेत गहरा हो गया है , जजससे कक पानी उनके खेत में भर जाता है।

¶130

8. स्थल पर श्री हरपाल नसिंह के खेतो के समीप रेलिे विभाग की सम्पवत्त है। अतः नाला ननमाथण का कायथ रेलिे विभाग द्वारा ही ककया जाना ननयमानुसार एििं जनकहत में है। रेलिे विभाग द्वारा अपनी भूनम में स्ियिं ननमाथण न कराने की जस्थनत में अनापवत्त प्रमाण पत्र राज्य सरकार / पिंचायती राज विभाग को कदये जाने के फलस्िरूप राज्य सरकार / पिंचायतीराज विभाग द्वारा ननमाथण कायथ ननयमानुसार कराया जा सकता है। अतः ितथमान में जजला पिंचायत मुजफ्फरनगर द्वारा उि प्रकरण में कोई भी कायथिाही अपेजक्षत नहीिं है। सिंलग्नक स्थलीय फोटोग्राफ एििं रेखा नचत्र .

¶131

O.A. No. 433/2023

¶132

Harpal Singh vs. State of Uttar Pradesh & Ors.

¶133

¶134

English Translation by the Registry of the relevant part of the response quoted above is reproduced below:-

¶135

“In the order of acceptance of Hon'ble Chairman, the stand of District Panchayat Muzaffarnagar is as follows as per the attached picture on the above mentioned matter pending in Hon'ble National Green Tribunal in OA No. 433/2023 Harpal Singh vs State of Uttar Pradesh and Others dated 06.09.2024 and Hon'ble National Green Tribunal's dispatch No. 1870 dated 21.09.2024 and your office letter No. 754/OA No. 433/Harpal Singh/2024 dated 26.09.2024.

¶136

1. (A) to (B) is a concrete drain constructed by Gram Panchayat Rampur, whose length is about 210 meters.

¶137

2. From (B) to (C) is FCI's warehouse in front of which FCI has constructed a drain whose length is about 125 meters.

¶138

3. (C) to (D) is an underground balancing converter built by the railway department under the railway line.

¶139

4. (D) to (E) is an underground drain over which an over bridge has been built by the PWD department, which finally ends at place (F).

¶140

5. On 27.09.2024, in accordance with the instructions given by the Chief Development Officer, the Sub Engineer of District Panchayat Muzaffarnagar, Assistant Engineer of Pollution Department Mr. Imran and Senior Section Engineer of Railway Department were present during the field inspection. At that time, at point (F) (attached diagram), the drain water was flowing out from the underground pipe, which was flowing into the land of the Railway Department.

¶141

6. Today on 28.09.2024, the site was inspected with the undersigned and R.O. of Pollution Department, Shri Ankit Kumar ji. During the inspection, it was found that the place where the drain water was coming out at point (F) was destroyed by JCB and the direction of the outlet pipe was changed by removing it, and at present it is at point (G), which has been diverted towards PWD Provincial Block and private land. The photographs of the site inspection and the site in question dated 28.09.2024 are enclosed.

¶142

7. Currently, as per the sketch of the site and as told by the villagers/Gram Pradhan, the flow of water is going towards Kali river from point (G). Since Shri Harpal Singh's field has become deep due to the digging of soil from his field due to which water fills in his field.

¶143

O.A. No. 433/2023

¶144

Harpal Singh vs. State of Uttar Pradesh & Ors.

¶145

¶146

8. The Railway Department owns property near the fields of Shri Harpal Singh. Hence, the construction of the drain by the Railway Department is as per rules and in public interest. In case the Railway Department does not construct the drain on its own land, the State Government/Panchayati Raj Department can get the construction done as per rules as a result of giving the No Objection Certificate to the State Government/Panchayati Raj Department. Hence, at present, no action is required in the above case by the District Panchayat Muzaffarnagar.”

¶147

Report dated 06.11.2024 (pages no. 126 to 140 of the paper book) was filed by Senior Divisional Engineer – II on behalf of Northern Railway. The relevant part of the report is reproduced below:-

¶148

“3. That on 24.10.2024, after thoroughly visiting the site, and in consultation with concerned officials, it was decided that a 25 m long RCC wall of 2 m height shall be constructed to stop the effluent/drainage from entering the Railway land at Km 127/4143, and for that a detailed site plan was prepared by the concerned ADEN/MUT to plan for the construction of the proposed wall to prevent effluent/drainage entering the Railway land. The copy of the site plan prepared by SSE/W/MOZ is annexed herewith as ANNEXURE A-2.

¶149

4. That all requisite sanctions for construction of abovementioned planned wall was obtained from concerned authorities and the progress of the construction of the proposed wall is in full force and is expected to be completed by 15.11.2024. The copy of the photographs showing the progress of work is annexed herewith as ANNEXURE A-3.

¶150

5. That the said walls are being constructed at both ends of railway balance culvert to completely prevent the entry of any drainage/effluent into the Railway land unauthorisedly, in order to prevent any kind of environmental damage by and on behest of Railway land. The copy of photographs showing the removal of Hume Pipe from the Railway land is annexed herewith as ANNEXURE A-4.

¶151

6. That the Respondent herein has removed the RCC Hume Pipe admeasuring 4m from railway land which was placed unauthorisedly in the railway land under Bridge No. 187 to prevent seepage of effluent towards the land of the Applicant. The photographs showing the same is annexed herewith as ANNEXURE A-5.

¶152

O.A. No. 433/2023

¶153

Harpal Singh vs. State of Uttar Pradesh & Ors.

¶154

¶155

7. That it is pertinent that during the site visit of respondent herein, it was clearly seen that the land of the Applicant is at a higher elevation than the land of the answering Respondent

¶156

8. That the answering respondent herein submits that the present reply and the action initiated forthwith to prevent completely, the passing of any kind of drainage/effluent by and on behest of the railway land to avoid any environmental damage to anyone including the applicant.”

¶157

Reply and status report dated 23.10.2024 was also filed by Senior Divisional Engineer – II on behalf of respondent no. 4-Divisional Railway Manager, Delhi Division, Northern Railway. In the reply and status report Senior Divisional Engineer – II mentioned that SSE-W, MoZ attended the meeting conducted by CDO, Muzaffarnagar on 26.09.2024 and after site inspection on 27.09.2024 submitted report to UPPCB. In the reply and status report Senior Divisional Engineer – II also made the following

¶158

submissions:-

¶159

“A. The balancing culvert constructed by Railways constructed prior to 1940s was only meant to balance the run-off rainwater for avoiding any damage to the track and its embankment, which was never meant for passing through of sewage or drain water.

¶160

B. That by the passage of time, the mushrooming of residential settlement, abutting to railway land has unauthorizedly led the concerned state authorities namely DPRO to connect the drainage water to pass through the balancing culvert of Railways and later on the outflow of the same was further connected by a Hume Pipe to finally spread the drainage water in the PWD land shown in the sketch and the abutting farmers land including that of Sh. Harpal Singh abuts to the said PWD land, therefore, the culvert of the Railways as mentioned by the report of DPRO is not the reason for the damage to the agricultural land of Applicant/Farmer as shown by the report filed on behalf of DPRO. ”

¶161

Vide order dated 22.11.2024 this Tribunal observed that responsibility for management of sewerage is that of the District Panchayat Raj Authorities who were intentionally trying to avoid their responsibility

¶162

O.A. No. 433/2023

¶163

Harpal Singh vs. State of Uttar Pradesh & Ors.

¶164

¶165

and directed personal appearance of the CDO, Muzaffarnagar and DPRO Muzaffarnagar.

¶166

Response dated 07.12.2024 (pages no. 161 to 177 of the paper book) was filed by respondent no. 9-District Panchayat Raj Officer, Muzaffarnagar. The relevant part of the response dated 07.12.2024 filed by respondent no. 9-District Panchayat Raj Officer, Muzaffarnagar is reproduced below:-

¶167

“Response-

¶168

1. For complying of direction passed by Hon'ble NGT in this matter, the respondent along with Deputy Commissioner Labour and Employment Muzaffarnagar (On behalf of Chief Development Officer), Apar Mukhya Adhikari Zila Panchayat Muzaffarnagar and Regional Officer, U.P. Pollution Control Board Muzaffarnagar surveyed the area in question on dated 04.12.2024. During survey, all feasible possibilities for proper disposal of sewage, generated from nearby colony were discussed and the survey report has been prepared and annexed as Annexure R-1.

¶169

2. The operative part of the report (translated in English) is mentioned below:

¶170

During the survey, it has been observed that the sewage generated from the nearby colonies which was previously going in the land of Railway, passing the balancing culvert and being collected on the agriculture land of the applicant has been completely stopped. Railway Department itself has constructed approx. 6 Feet high boundary wall on their land. Hence, the sewage is being collected on vacant land adjacent to the wall which comes under District Administration.

¶171

It is respectfully submitted that on getting down from the Bamanhadi bridge, on the right side road, there is a colony named Sundarnagar, which has been settled since about 1990. As a result of urbanization of Sundarnagar Basti, it is not possible to manage the liquid waste coming out of houses at domestic level due to lack of sufficient land. As railway department have constructed a 6 feet high wall, blocking the natural flow of the sewage flowing through the colonies, causing drain water logging on vacant land. The following steps can be taken for effective disposal of sewage:

¶172

O.A. No. 433/2023

¶173

Harpal Singh vs. State of Uttar Pradesh & Ors.

¶174

¶175

To solve this problem, the water coming out of the houses of Sundarnagar Basti can be filtered through a filter chamber and then sent through the old culvert built under the bridge crossing the road of the Public Works Department and drained into the Kali River. The flow of water from Sundarnagar Basti is also in this direction.

¶176

The area where work needs to be done comes under the jurisdiction of PWD, NHAI and Irrigation Department (Drainage Section). Necessary steps are being taken by obtain NOC's.

¶177

The length of the drain to be constructed to solve the above problem is about 1900 meters, for the construction of which an amount of about Rs. 2.00 crore will be required. Gram Panchayat-Rampur receives an amount of Rs. 15.00 lakh per year for liquid waste management, which is much less than the project cost. Therefore, it is difficult to get the above work done by the Gram Panchayat. The Gram Panchayat is ready to extend its full cooperation in getting the above work done. Necessary action shall be taken for releasing funds by concerned departments. The proposal of the Gram Panchayat is enclosed. Apart from this, there is no water body near Sundarnagar Basti, in which the said water can be properly managed.

¶178

The concerned department needs to release funds and involve technical expert for the work proposed. After obtaining NOCs from concerned department and required funds, the work shall be completed within 06 months.”

¶179

In compliance of order dated 09.12.2024 the DPRO, Muzaffarnagar, the CDO, Muzaffarnagar and the RO, UPPCB, Muzaffarnagar appeared before this Tribunal on 05.03.2025 and sought time to file their responses.

¶180

Affidavit dated 20.05.2025 (pages no. 178 to 203 of the paper book) was filed by Chief Development Officer, Muzaffarnagar. The relevant part of the response dated 20.05.2025 filed by Chief Development Officer, Muzaffarnagar is reproduced below:-

¶181

“7. That in compliance of order dated 05.03.2025 passed by this Hon'ble Tribunal, the deponent herein constituted a joint committee comprising of Executive Engineer Jal Nigam, Muzzaffarnagar, District Panchayat Raj Officer and Appar

¶182

O.A. No. 433/2023

¶183

Harpal Singh vs. State of Uttar Pradesh & Ors.

¶184

¶185

Mukhya Adhikhari Zila Panchayat District Muzzaffarnagr and directed them to inspect the land of the applicant and submit a factual report.

¶186

8. That the joint committee inspected the land of the applicant on 08-04-2025.

¶187

9. That it was informed by the committee that currently there is no water logging on the agricultural land of the applicant i.e. (Khatauni No.-105, Khasra No.-582/1/5, area 0.6030 hectare). The domestic and sewage effluent, which was earlier being disposed on the said agricultural land of the applicant has been stopped by the railways by

¶188

constructing a wall. The domestic and sewage effluent generated from Ramnagar is currently being disposed by diverting it through the drain, which has been confirmed by the son of applicant through his letter dated 13.05.2025 a copy of which is annexed with the committee report.

¶189

10. That the report of the joint committee dated 08-04-2025 is annexed herewith and marked as Annexure R-1.

¶190

11. That a separate report has been submitted by the Executive Engineer, Block Office, Uttar Pradesh Jal Nigam (Rural), Muzaffarnagar vide office letter number 2089/499/04 dated 2304-2025, wherein he has informed that the total discharge quantity of waste water coming out of 110 houses of Sundarnagar Colony of Gram Panchayat Rampur is approximately 0.205 MLD and the total discharge of rain water flowing in the drain during rainy season is approximately 24.538 MLD, thus the total discharge (Domestic + Rain Water) will be 24.743 MLD.

¶191

12. That the Executive Engineer, Block Office, Uttar Pradesh Jal Nigam (Rural), for the treatment of waste water generated from the houses of Sundernagar Colony of Gram Panchayat Rampur, treatment units i.e. silt catcher, filter chamber, soakpit have been constructed Gram Panchayat Rampur. The waste water generated from the houses of Gram Panchayat Rampur will be treated through silt catcher, filter chamber and soak pit. At present, the drain of treatment facility is under construction. A copy of report dated 23.04.2025 submitted by the Executive Engineer, Block Office, Uttar Pradesh Jal Nigam (Rural) is annexed herewith and marked as Annexure R-2.”

¶192

O.A. No. 433/2023

¶193

Harpal Singh vs. State of Uttar Pradesh & Ors. 19

¶194

The applicant did not appear in the course of hearing of the case and did not file any objections to the report of the Joint Committee or rejoinder to the responses filed by the respondents.

¶195

Mr. Kamal Kishore Deshbhusan Kandarkar, CDO Muzaffarnagar and Ms. Renu Shrivastav, DPRO, Muzaffarnagar also appeared before this Tribunal physically on 24.07.2025 and we interacted with them.

¶196

We have heard submissions made by Mr. Ankit Verma, learned Counsel for respondents no.1, 3, 5, 7, 8 and 9 and Mr. Pradeep Misra and Mr. Daleep Dhyani, learned Counsel for respondent no. 2. and have gone through the material on record carefully.

¶197

In the letter petition treated as original application, the applicant has raised grievances that the effluent from the drain passing through the land of railways near Roorkee Road Railway Bridge near village Bamanheri, Muzaffarnagar is overflowing to and has stagnated in the agricultural land of the applicant due to which the applicant is unable to cultivate the same and the applicant and his family members are deprived of livelihood.

¶198

This Tribunal observed in order dated 05.03.2025 that the case involves three aspects (i) preventing discharge to the land of the applicant and remediating/compensating any damage caused to the applicant; (ii) preventing discharge of untreated sewage into the storm water drain and (iii) treatment of sewage and utilization of treated sewage for the purpose of horticultural/ agricultural/other industrial use, as the case may be. All these aspects need to be looked into holistically for providing a long term solution to the environmental issues involved.

¶199

O.A. No. 433/2023

¶200

Harpal Singh vs. State of Uttar Pradesh & Ors. 20

¶201

It is evident from affidavit dated 20.05.2025 filed by CDO, Muzaffarnagar that the domestic and sewage effluent, which was earlier being disposed on the said agricultural land of the applicant has been stopped by the railways by constructing a wall and the domestic and sewage effluent generated from Ramnagar is currently being disposed by diverting it through the drain. This fact has also been confirmed by the son of applicant through his letter dated 13.05.2025. Currently, there is no water logging on the agricultural land of the applicant i.e. (Khatauni No.105, Khasra No.-582/1/5, area 0.6030 hectare).

¶202

The applicant has not claimed any compensation in the present case and has not produced any material to enable this Tribunal to quantify the loss suffered by him for the purpose of award of compensation and in the absence of no order for award of compensation can be passed by this Tribunal.

¶203

It is also evident from the report dated 20.05.2025 filed by CDO, Muzaffarnagar that the Executive Engineer, Block Office, Uttar Pradesh Jal Nigam (Rural), Muzaffarnagar vide office letter number 2089/499/04 dated 23.04.2025 informed that the total discharge quantity of waste water coming out of 110 houses of Sundarnagar Colony of Gram Panchayat Rampur is approximately 0.205 MLD and the total discharge of rain water flowing in the drain during rainy season is approximately 24.538 MLD, thus the total discharge (Domestic + Rain Water) will be 24.743 MLD. For the treatment of waste water generated from the houses of Sundernagar Colony of Gram Panchayat Rampur, treatment units i.e. silt catcher, filter chamber, soakpit have been constructed by Gram Panchayat Rampur and the waste water generated from the houses of Gram Panchayat Rampur will be treated through silt catcher, filter chamber and soak pit. At present,

¶204

O.A. No. 433/2023

¶205

Harpal Singh vs. State of Uttar Pradesh & Ors. 21

¶206

the drain of treatment facility is under construction. The Executive Engineer, Block Office, Uttar Pradesh Jal Nigam (Rural), Muzaffarnagar also mentioned in his report that the drain of treatment was under construction.

¶207

It is also evident from the above said report that now no untreated sewage or waste water is going to River Kali.

¶208

In view of the above the present original application is disposed of with directions to respondents no. 7, 8 and 9 to complete the drain and also to take appropriate remedial steps for utilization of waste water after treatment for horticultural/agricultural purposes.

¶209

A copy of this order may be sent to the applicant by Registered Post for information and to the respondents by email for further requisite compliance.

¶210

Arun Kumar Tyagi, JM

¶211

Dr. Afroz Ahmad, EM

¶212

November 06^th 2025 Original Application No. 433/2023 R

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