Disposed

Gaurav Prakash v. State of Madhya Pradesh

NGT10 Apr 2026Original Application No. 166/2025

Case brief

AI extract

What is this about?

In a PIL regarding dust pollution and tree damage, NGT directed MP authorities to pave with permeable blocks, leave 1m gap near trees, sanitize trees, deconcretize areas, and monitor air quality using treated water for sprinkling.

What did the court decide?

Constitution of State Task Force, directing Bhopal MPC and PWD to pave with semi-permeable blocks, leave 1m gap around trees, deconcretize areas, use treated water for dust control, and establish a tr

Gaurav Prakash vs State of Madhya Pradesh — Environment and Pollution | NGT (2026)

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Item No.07

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)

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Original Application No.166/2025(CZ) (I.A. No.150/2025 & I.A. No.21/2026)

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Gaurav Prakash Applicant(s) Vs. State of Madhya Pradesh & Ors Respondent(s)

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Date of Hearing: 10.04.2026

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. PRASHANT GARGAVA, EXPERT MEMBER

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For Applicant(s): Mr. Gaurav Prakash- in person For Respondent(s) : Mr.Prashant M. Harne, Adv. for State of MP Mr. Om Shankar Shrivastava, Adv. for R-2 Mr. Gourvanvit Jain, Adv. for MPPCB

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ORDER

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This Original Application has been filed under Section 14 of the National Green Tribunal Act, 2010 by the Applicant, a resident of Patrakar Colony, Bhopal, who is directly and adversely affected by persistent dust pollution emanating from an unpaved roadside area adjacent to Link Road No. 3. The said area, situated between the main road and a service lane used by local residents, has remained neglected by civic authorities and has become a chronic source of airborne particulate matter.

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Despite repeated grievances and representations made by the Applicant to various government departments-including the Madhya Pradesh Pollution Control Board (MPPCB), Bhopal Municipal Corporation (BMC), Public Works Department (PWD), and the District Collector-no effective action has been taken to 1

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O.A. No.166/2025(CZ) Gaurav Prakash Vs. State of Madhya Pradesh & Ors.

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mitigate the pollution. Instead, the authorities have engaged in jurisdictional blame-shifting, resulting in administrative paralysis and worsening environmental conditions.

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The contention of the applicant are that he resides in Patrakar Colony, which runs adjacent to Link Road No.3 - one of the three primary thoroughfares in Bhopal (Link Roads 1, 2, and 3) - which connect key residential, commercial, and governmental zones. A service lane runs parallel to this road and is used daily by residents of Patrakar Colony for transit. The dust-generating roadside terrain between the service lane and the main road — approximately 12 feet in width and 500 meters in length — remains unpaved and has long been a major source of dust pollution.

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The service lane and adjoining unpaved area are maintained by Bhopal Municipal Corporation, which is responsible for construction, maintenance, cleaning, street lighting, and sewage infrastructure.

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It is further argued that while Link Road No.1 and Link Road No.2 are regularly maintained by the concerned authorities— owing to their proximity to residences allotted to senior government officials — the stretch of Link Road No.3 adjacent to Patrakar Colony, which is primarily inhabited by private citizens, has been persistently neglected. This disparity in maintenance reflects a pattern of selective attention and administrative bias, resulting in prolonged exposure of ordinary residents to hazardous dust pollution. To further illustrate this disparity, the Applicant has photographed the roadside margins along Link Road No.1 and Link Road No.2, which are immaculately maintained with paved surfaces, landscaped gardens, and regular upkeep. The Applicant, his family, and the

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surrounding neighborhood are being adversely affected by a significant spike in dust pollution caused by the reckless and negligent conduct of the Public Works Department. The Department’s failure to properly pave the roadside verge and its abandonment of dug-up soil have created a persistent source of airborne particulate matter, directly compromising public health and environmental quality.

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The Public Works Department, rather than resolving the issue, has worsened it by paving only a portion of the roadside verge and leaving the remaining terrain dug-up and exposed. The loose soil and construction debris have been spread across the site, intensifying dust emissions. This conduct violates the Precautionary Principle and Polluter Pays Principle, both recognized under Indian environmental law and upheld in Vellore Citizens’ Welfare Forum v. Union of India (AIR 1996 SC 2715).

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That Bhopal has been officially classified as a non-attainment city under the National Clean Air Programme (NCAP) launched by the Ministry of Environment, Forest and Climate Change. This designation reflects the city’s chronic failure to meet prescribed ambient air quality standards, particularly for PM10 and PM2.5. An official Action Plan was prepared by the Madhya Pradesh Pollution Control Board in 2019 to address these concerns. However, the continued neglect of dust-generating urban roadside terrains—such as the unpaved stretch adjacent to Link Road No. 3—demonstrates a clear breach of the city’s obligations under the NCAP at the local level. With such administrative apathy toward basic dust mitigation, it is unsurprising that Bhopal continues to fall short of national air quality benchmarks.

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Notices were issued to the respondents with direction to submit the reply. During the course of hearing a committee was constituted to submit the factual and action taken report. The report has been filed.

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We have heard the Learned Counsel for the parties and perused the record.

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The submission of the Learned Counsel for the applicant are that the prescribed National Ambient Air Quality Standards (NAAQS) on record as Annexure A-9 before the Hon’ble Tribunal. The statutory benchmarks as notified by the Central Pollution Control Board through Gazette dated 18.11.2009, defines the permissible limits for PM2.5 in the range of 40-60 μg/m3, and for PM10 the permissible limits are in the range of 60-100 μg/m3, apart from defining the permissible limits for SO₂, NO₂, O₃, CO, and Lead, as found at Annexure enclosed as A-9.

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The latest ambient air quality readings for Bhopal marked and annexed as Annexure A-10, which clearly demonstrates the ongoing violation of the prescribed standards, with PM10 levels significantly exceeding both annual and 24-hour limits. The guidelines formulated by MPPCB in compliance of the order passed by Hon'ble NGT PB in OA 681/2018, as mentioned in Action plan for control of Air Pollution in Non Attainment city of Madhya Pradesh (Bhopal), which is annexed as Annexure A-11, has been made which has to be adhered to, but the Respondent Authorities have failed to comply with the plan as mentioned in Annexure A-11, resulting in breach of permissible limits of pollutant like PM10, PM2.5 etc., which is causing adverse health impact upon the citizens of entire Bhopal city.

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That, Section 7 of the Environment (Protection) Act, 1986 mandates that no person carrying on any industry, operation, or process shall discharge or emit any environmental pollutant in excess of prescribed standards, thereby imposing a statutory duty on public authorities to prevent dust emissions.

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The Public Works Department, instead of acting to reduce dust emissions, has exacerbated the problem by leaving additional debris dug up from the ground for preparing the bed for the pavement after partially paving the unpaved stretch without dust-control measures. This has resulted in a drastic increase in dust levels in the area, contributing to aggravated ambient air pollution and thereby constituting a violation of Section 7.

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In view of the above facts, there is a need for control of fugitive dust emissions during the road cleaning by appropriately sprinkling of water and greening of the open soiled areas, utilization of CAMPA fund Gor afforestation need to be explored in coordination with the CAMPA Authorities as already directed in several orders.

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Pollution free environment is part of right to life. Air pollution beyond norms seriously affects health and environment. In spite of statutory mechanism and orders of Hon’ble the Supreme Court and other Courts the challenge of pollution from different sources including vehicular pollution, industrial and construction etc. pollution, power sector pollution, agricultural sector pollution remains. Graded Action Response Plan (GRAP) has been issued for national capital region in pursuance of the direction of the Hon’ble Supreme Court of India stipulating steps to be taken for controlling, regulating several polluting activities depending upon the level of pollution. In Arjun Gopal & Ors. Vs. Union of India & Ors. (2017) 1

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SCC 412 it was observed that severe air quality standard which were worsed in the world are severe in the various cities and having serious adverse health impact. Thus, it is desirable that the actions which are required to be grab must be considered and applied in the Capital City of Bhopal also subject to reasonable conditions.

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In M.C. Mehta vs. Union of India & Ors., (2020) 7 SCC 573, following

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direction was issued:

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“……………………..….xxx…………………..xxx…………………………..xx

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x”

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For taking care of the road dust let water sprinklers/dust suppressors be used on the roads. An IIT expert suggested about the appropriate water pressure for the sprinklers. At what pressure water should be sprinkled so as to reduce the pollution and dust so that it does not add to the pollution. Let the Corporations act on advice of the expert of the IIT. Such roads where traffic congestion is more, let traffic plan be also prepared in such a manner so that there is no extra burden on a particular road so that traffic congestion is taken care of. It is for the concerned traffic authorities to take immediate steps in this regard."

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The issue of vacuum cleaning of roads has been considered by the Hon'ble Supreme Court in M.C. Mehta vs. Union of India, (2016) 4 SCC 269, at page 281 as follows:

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“……………………..….xxx…………………..xxx…………………………..xx

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x”

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13. We, accordingly, direct the Government of NCT of Delhi to take immediate steps for repair of pavements and make pavements wherever the same are missing and also to take immediate steps for procurement of the requisite vacuum cleaning vehicles for use on Delhi roads expeditiously but not later than 1-4-2016."

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19 . Dust pollution is significant component of air pollution and sweeping

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of road is one of the sources of dust pollution, sprinkling of water before sweeping of roads including the pavement needs to be explored as directed by Hon’ble the Supeme Court in some of the cases. The water to be used for the purpose of sprinkling should be

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treated STP water and not the fresh water. Further mitigation which may be considered is planting of grass/raising small herbs and shrubs on the side of the pavements and on open dusty areas including the area on the sides of the pavements. The pavement may also be appropriately covered so as to prevents generation of dust.

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The report of the Joint Committee consisting the Member of the State PCB, CPCB and Executive Officers have submitted as follows:

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“1. The unpaved part, if completely covered, the water cannot go into the ground. The water will stay on the surface and flow quickly, which can cause waterlogging and create drainage problems, especially when it rains heavily.

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The open soil around roadside trees is important. It lets water reach the tree roots. This keeps the trees healthy. If this area is fully covered with concrete or blocks, water cannot reach the roots of the trees. This can weaken the trees and slow their growth which will affect the green cover along the road.

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From an environmental perspective, maintaining some permeable surfaces in urban areas helps sustain the natural water cycle, reduce urban flooding risk, moderate ground temperature, and support green belts along the roads.

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As Link Road No. 1 and 2 runs along office located and commercial areas where higher vehicular movement, parking needs, and maintenance requires full paving and the limited residential presence reduces the risk of direct impact on households. Although having high vehicular movement, Link Road No. 3 passes through residential areas. If this road is fully paved, rainwater will

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not soak into the ground and will flow on the surface. This can cause waterlogging in front of houses during heavy rain, trouble residents, and reduce groundwater recharge.

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RECOMMENDATIONS OF THE JOINT COMMITTEE:

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1.Regular Sweeping and water sprinkling on the roadside and unpaved portion should be carried out to control dust pollution and maintain ambient air quality by Bhopal Municipal Corporation. Also, BMC may develop proper soil basin around roadside trees to ensure adequate water infiltration to the root zone and to support tree health.

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2.The unpaved portion may be levelled, compacted and mixed with jiraa gitti (Gravel Mix) by Public Works Department (PWD) to stabilize the surface and reduce suspension of road dust while still allowing some permeability and the unpaved portion may be developed into a green belt with suitable plantation. as suggested by the applicant”.

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It is further submitted by the Learned Counsel for the applicant that a day after the last hearing and the order dated 10.02.2026, Respondent No. 1, the Public Works Department, visited the Applicant at the affected site and promised speedy action to stop the ongoing dust emissions. Immediately after the discussions and meeting, an earthmover sent by the PWD removed some of the dirt and debris from the site. A few hours later, Respondent No. 2, Bhopal Municipal Corporation, also visited the site and met the Applicant to discuss resolution of the grievance. Both Respondents have themselves proposed paving with semi-permeable blocks which they have assured will allow infiltration into the ground and avoid waterlogging as a permanent and durable solution to the dust emission problem. The Applicant also raised concerns about proper drainage planning and the safety and survival of existing trees in the area. Both concerns were allayed by the Respondents, who assured the Applicant that these would be taken care of while executing the works. Respondents also assured that concrete kerb stones would be fixed to prevent vehicular misuse of the paved margins.

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That Respondents have themselves assured that semi-permeable paving blocks, with proper drainage, will allow infiltration and avoid waterlogging. The Applicant further submits that, after paving, if any drainage problems are observed, Respondent Nos. 1 and 2 may promptly make suitable modifications to ensure proper functioning. That diametric spacing around trees ensures infiltration. Annexure A-7 photographs show that even fully paved margins on Link Roads 1 & 2 have healthy, flourishing trees. That according to Respondents 1 and 2, semi-permeable paving blocks themselves constitute permeable surfaces, sustaining the natural water cycle while providing a permanent dust-free solution. If deemed necessary, limited radial removal of paving blocks around trees may be considered along with enriching the radius with black soil, which would enhance tree health and prevent dust suspension. That subsequent to the Committee's report, Respondent Nos. 1 and 2 have themselves assured that the entire area will be paved with semi-permeable blocks, with proper drainage and safeguards for existing trees.

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The responsibility of ensuring a durable and sustainable solutions rest with the respondent no. 1 & 2, who have themselves proposed paving with the semi pairing paving blocks and the applicant has submitted that during the experience the respondent no. 1 and 2 are the experience corporations and have to do the needful to control their pollution and to dispose the construction and demolition material according to rules.

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Learned Counsel for the State/ PWD Department Mr. Prashant M. Harne has submitted that the Superintendent Engineer, Public Works Department vide its letter no. 312/01/ जन . सर्ु क .-2/2024-

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25/154 dated 06.02.2026 issued directions to the Executive Engineer, PWD, New Bhopal Division, Bhopal to inquire into the issues raised in this instant Original Application and take necessary actions.

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That, with reference to Para-3 of the Original Application No. 166/2025 (CZ), L.A.N. 150/2025, the work of laying paving blocks on both sides of the unpaved service lane located at Link Road No. 3 near Journalist Colony was undertaken by the Public Works Department at the time of the Global Investors Summit (GIS), February 2025. The said work was carried out after obtaining supplementary approval under Contract No. 113/DL/2024-25 awarded to M/s Godek Construction Company.

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That the portion of the road where Journalist Colony is situated falls within the jurisdiction of the Municipal Corporation, Bhopal, insofar as the service road is concerned. Accordingly, the Municipal Corporation has executed the work of laying paving blocks on the portion falling under its jurisdiction along the service road, whereas the Public Works Department has executed the work of laying paving blocks on the side adjoining the Main Link Road No. 3 as per the approved plan.

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It is further submitted that, at present, the said work cannot be executed by the Public Works Department as the same is not included under any sanctioned head of work under the jurisdiction of the Public Works Department, New Bhopal Division. However, the Municipal Corporation, Bhopal has granted consent for undertaking the work of laying paving blocks in the said area and has initiated the necessary action in this regard. It has been informed that a Work Order dated 13.02.2026 has been issued for the work titled

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“Providing and Fixing of Paving Blocks at Different Locations for Wards No. 27, 28, 29, 30 and 46 of Zone-08 (NCAD)”, and the work of laying paving blocks at the said location is likely to commence shortly under the said work order.

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That, on the other side of the said road, pipeline laying work is being undertaken by Think Gas Company. During the course of such work, the paving blocks earlier laid by the Public Works Department were removed. However, after completion of the pipeline work, the site has not been restored in accordance with the prescribed standards. The department has issued several communications to the concerned company directing restoration of the site; however, no corrective action has been taken thus far.

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A committee was constituted for the purpose of inspecting the site and submitting its opinion with regard to the issues raised in the Original Application. And necessary letters have been issued by the Executive Engineer.

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It is further submitted that the Executive Engineer, PWD has issued different order on different date for taking proper action and remedial measure.

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Learned Counsel for the applicant has argued the compliance of construction and demolition of waste rules. We have examined the rules. Construction and Waste Management Rules, 2016 which was notified in 2016 was reconsidered by the Central Government and to make comprehensive revision and strengthening of the said rules by incorporating specific measures for waste management, waste utilisation and to deal with its noncompliance new rule was notified on 2^nd April, 2025 which is known as Environment (Construction

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and Demolition) Waste Management Rules 2025, which came into

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force w.e.f. 01^st April,2026. The relevant provisions are quoted below:

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(b) “authorised agency” means an agency authorised by the local authority either for collection or transportation or both of construction and demolition waste;

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(f) “construction” means the process of erecting, altering, repairing, renovating or remodeling of a structure, building, infrastructure and utility projects ; like, residential and office complexes, roads, highways, industrial complexes, railways, airports, ports, harbors, laying of pipeline for water, wastewater, gas, crude oil, optical fiber cable, electric cable, telecom cable, and such other projects;

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(g) “construction and demolition waste” means the waste generated due to construction, demolition, remodeling, renovation, repair, and maintenance activities, and comprises of soil, sand and gravel, bricks and masonry, concrete, metal, wood, plastic, ceramic and such other items;

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(j) “development authority” means an agency that implements town planning schemes, area development plans, building laws, and responsible for development of an urban area, regulates incidental civil operations like construction, engineering, demolition, including utility services and amenities;

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(k) “extended producer responsibility” means the responsibility of a producer to manage construction and demolition waste and to meet recycling targets as per First Schedule to ensure its environmentally sound management;

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The provisions of Management of Constructions and Demolition Waste as notified and to be effective from April, 2026 are as follows:

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“ 4 . Management of Construction and Demolition Waste. - (1) every producer shall be responsible for disposal and management of the construction and demolition waste generated by him in an environmentally sound manner in accordance with these rules. He shall also meet the extended producer responsibility targets set out in the First Schedule.

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(2) The extended producer responsibility framework shall be implemented and monitored through an online portal, and the following entities shall register on the portal, namely: -

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(a) Producer;

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(b) Operator of Intermediate Waste Storage Facility;

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(d) Collection point established by local or development authority.

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(3) An entity falling in more than one categories shall register in those categories separately and comply with the provisions of these rules accordingly.

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(4) One receipt of application for registration on the online portal, the Central Board shall issue a certificate of registration within fifteen days of the date of receipt of such application.

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(5) No entity referred to in sub-rule (2) shall carry out business without registration under these rules.

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(6) The entities registered under sub-rule (2) shall not deal with any entity not registered under these rules.

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(7) Where any registered entity furnishes false information or willfully conceals information for registration or return or report or information required to be provided or furnished under this these chapter rules or in case of any irregularity, the registration of such entity may be revoked by the Central Pollution Control Board for a period up to five years after giving an opportunity to be heard and in addition, additionally, environmental compensation charges may also be levied as per rule 18.

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(8) The Central Board may charge such fees as may be determined by it in consultation with the Central Government for registration of entities and maintenance of the online portal under these rules.

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(9) The corpus generated as per sub-rule (8) above may be shared between the Central Pollution Control Board and the concerned State Pollution Control Board or Pollution Control Committee in the ratio of twenty to eighty.

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5 . Compliance of extended producer responsibility targets. (1) The local authority or development authority, shall ensure compliance with the extended producer responsibility targets under these rules.

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(2) The extended producer responsibility targets in construction, re-construction or demolition project, shall be regulated through a waste management plan and the local authority and development authority shall include the requirement of recycling of waste in its approval granted or to be granted in respect of all construction projects.

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(3) Every producer shall prepare a waste management plan in respect of each project which shall assess the quantum of waste from all streams in a construction, re-construction and demolition project and submit it to the local authority for approval.

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(4) The debris part of the waste, such as, cement concrete, bricks, cement plaster, stone, rubble, tiles ceramics, etc. shall be accounted for assessing the extended producer responsibility targets.

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(5) The materials in the construction and demolition waste usable or resalable, such as, iron, wood, plastic, metal and glass shall not be considered for assessing the extended producer responsibility targets and will be dealt in accordance with prevalent rules and regulations.

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(6) Until a recycling facility becomes operational, the local authority or development authority, shall establish and operate an intermediate waste storage facility itself or through an authorised operator and register it on the online portal.

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(7) The producer shall deposit its entire waste to the processing facility directly, and in case of absence of a functional processing facility, the entire waste generated shall be deposited at the intermediate waste storage facility.

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(8) In case the producer is undertaking in-situ processing, it shall deposit the entire leftover or unprocessed waste to the processing facility.

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(9) The registered entities shall be responsible for entering data on waste generation, handling, storage, recycling and value-added products in the online portal, which shall be verified by the implementing agency, to match the material balance of the waste generated in a financial year.

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(10) A producer shall meet their extended producer responsibility target through purchase of extended producer responsibility certificates from a registered recyclers irrespective of mode of deposition of waste;

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(11) The details provided by producers, recyclers and intermediate waste storage facility operators shall be cross verified through the online portal, and in case of any mismatch, the lowest figure shall be considered for fulfilment of the targets by the producer,

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(12) The extended producer responsibility certificates shall be subject to audit by the Central Board, or any other agencies authorised by it.

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(13) The income from the transaction of extended producer responsibility certificates shall be shared equally between the implementing agency and the recycler.

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(14) The implementing agency shall refer the cases of violation and non-compliance to the concerned State or Union Territory Pollution Control Board or Committee for taking enforcement action, including levy of environmental compensation.

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6. Generation of extended producer responsibility certificate. (1) The Central Pollution Control Board shall generate extended producer responsibility certificate through the online portal in favour of a registered recycler, calculated as per the Table given below-

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(2) For the purpose of the Table referred to in sub-rule (1)

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(i) The quantity of waste eligible for generation of extended producer responsibility certificate shall be calculated by the following formula, namely:-

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*QEPR =QP x CF x Wp

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"the QEPR is the quantity eligible for generation of the certificate, Qp is the quantity of the processed product and CF is the conversion factor (quantity of waste required for production of one unit of output) and Wp is the Weightage allocated to the processing mode

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(ii) Conversion factor CF for each end product shall be determined by the Central Board, in consultation with recyclers, based on the technology used and other factors,

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(iii) In case of multiple end products of recycling, the conversion factor for the generation of extended producer responsibility certificate shall be calculated by such formula as may be determined by the Central Board with the prior approval of the Steering Committee, and

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(iv) The weightage Wp shall be reviewed by the Central Board from time to time in view of the technological advancements, availability of material and other factors.

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Example:

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If 100 Tonnes of processed waste product is produced, and the end-product conversion factor is 0.8 then, the eligible EPR certificate for such conversion shall be as follows:

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In-situ processing-QEPR 100 x 0.8 x 1.296 Tonnes, Off-site processing Qura 100 x 0.8 x 180 Tonnes;

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(3) The extended producer responsibility certificate shall be valid for three years from the end of the financial year in which it is generated, and after the expiry of said period of three years the certificate shall automatically cease to exist.

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(4) Each extended producer responsibility certificate shall be marked with a unique number indicating its year of generation, recycler code, end-product code, and a distinct code, and shall be issued in weight denominations of 100, 200, 500 and 1000 Tonnes.

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7 . Transaction of extended producer responsibility certificate. (1) A producer may purchase extended producer

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responsibility certificates limited to its extended producer responsibility liability of the current year plus any leftover liability of preceding years plus five per cent of the current year's liability.

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(2) As soon as the producer purchases the extended producer responsibility certificate, it will be automatically adjusted against its liability, wherein priority in adjustment shall be given to past liability and the extended producer responsibility certificate so adjusted shall be automatically extinguished and cancelled.

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(3) The availability, requirement and other details of the extended producer responsibility certificate for every producer and recycler will be available on the online portal.

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(4) All the transactions related to the extended producer responsibility shall be recorded and submitted by the producers and recycler on the online portal.

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(5) The Central Government may, by an order establish one or more trading platforms for the exchange or transfer of extended producer responsibility certificates in accordance with the guidelines issued by the Central Pollution Control Board with the approval of the Central Government.

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(6) The operation of the platform established under sub-rule (5) shall be operated and regulated in accordance with guidelines made by the Central Government on the recommendation of the Central Pollution Control Board in accordance with these rules.

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(7) The Central Board shall fix the highest and lowest price for an exchange of extended producer responsibility certificates which shall be equal to one hundred percent and thirty per cent, respectively, of the environmental compensation for non-fulfilment of extended producer responsibility targets.

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8. Utilisation of processed waste and monitoring. (1) The processed waste shall be utilised in all construction

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activities having built-up area of 20000 square meters or above, and road construction as per the targets set out in the Second Schedule and Third Schedule, respectively.

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(2) The waste utilisation framework shall be implemented through the online portal with mandatory registration of the entities as required in rule 4.

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(3) The local authority and development authority shall monitor utilisation of waste targets for construction projects through the online portal in their respective jurisdiction.

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(4) The Central Board shall monitor the utilisation of the waste targets through the portal in road construction activities covering all national highways and roads under the Central Government and any of its agency.

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(5) The State Board shall monitor the utilisation of waste targets in road construction activities covering highways and roads falling under the jurisdiction of the State Government or Union territory Administration or District Authorities, other than the roads mentioned in sub rule(4).

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(6) The utilisation of waste in construction activities and road construction shall be regulated by an approved waste utilisation plan and local authority and development authority shall include the requirement of utilization of waste in its approval granted or to be granted in respect of all existing constructions projects.

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(7) The assessment of quantity of processed waste for use under this rule shall be calculated as a percentage of total virgin or fresh construction material requirement by weight or volume, except wood, iron, metal, plastic, glass, and such other materials.

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(8) Only debris derived processed waste such as, waste from cement concrete, bricks, cement plaster, stone, rubble, tiles, etc. shall be considered for assessing compliance to the obligated targets, and the utilisation of other resalable or reusable waste, such as, iron, wood, plastic, metal and glass shall not be considered.

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(9) The recycler shall ensure that the product complies with the quality as per the standards, and technical specifications, if any, set out under any law for the time being in force.

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(10) A person carrying out the construction activity and road construction shall fulfil the utilisation of waste target under this rule, and in doing so, it may seek support from the service provider, contractor, authorised agency, recycler, or other

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agencies approved by the local authority or the development authority for this purpose.

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9. Responsibilities of the Waste Generator and producer.

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(1) the waste generators shall take following measures for waste management, namely:-

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(a) collect and segregate waste to facilitate reuse and recycling into separate material streams;

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(b) store the waste and take steps for its recycling, either insitu processing or off-site processing;

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(c) transport entire waste to collection point or intermediate waste storage facility or hand over waste to an authorized agency or recycler, as appropriate;

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(d) take steps to prevent air pollution, littering of waste and avoid public nuisance during collection, segregation, storage of waste;

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(e) comply with the orders and directions of the local authority, development authority and other implementing and enforcement agencies.

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(2) The producer shall follow the standard operating procedures for environmentally sound management of waste, as specified by the Central Board, State Board, local authority and development authority.

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(3) The producer shall undertake demolition in compliance with 'IS 4130: Safety code for demolition of buildings' or any other standard operating procedures and measures for demolition as specified by the local authority and development authority.

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(4) The producer shall prepare an integrated waste management plan, with approval of local authority and development authority of all construction activities in a any jurisdictional area.

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(5) The producer shall inform the local concerned before undertaking any demolition activity.

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Responsibilities of operators of intermediate waste storage facility or collection point . The operator or intermediate waste storage facility and collection point shall -

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(a) coordinate with the local authority, waste generators, service providers and authorised agencies to facilitate receipt, storage, and dispatch of waste at intermediate waste storage facilities, and

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sharing such information to implementing and enforcement agencies;

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(b) obtain prior permission from local authority or development authority before disposal of waste in low lying areas and for other purposes, excluding sanitary landfill facility;

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(e) follow standard operating procedures, and measures laid down by the Central Board or State Boards or Pollution Control Committees and implementing agencies,

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(d) furnish information on the online portal for collation of data on receipt, storage, recycling and dispatch of waste during the preceding half year by 15th October and 15th April each year, and file annual returns on the online portal on or before 30th May following the financial year to which that return relates;

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(c) comply with the responsibilities of authorised agency under rule 10, in case, the entity is engaged in the collection and transportation of waste.

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12. Responsibilities of Recycler . The recycler shall -

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(a) coordinate with the local authority, waste generators, service providers, authorised agencies and end-users to facilitate receipt, storage, recycling and dispatch of waste at a processing facility, and sharing such information with implementing and enforcement agencies;

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(b) obtain prior permission from local authority or development authority before disposal of waste in low lying areas and for other purposes, excluding dispatch of recycled material to end-users,

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(d) comply with the product quality standards and technical specifications in respect of recycled products, or end-user requirements, as may be applicable under any law for the time being in force;

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(c) dispose of rejects or inert material after recycling to the nearest sanitary landfill facility as per the guidelines issued by the Central Board;

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(f) furnish information on the online portal for collation of data on receipt, storage, recycling and dispatch of waste during preceding half year by 15th October and 15th April each year, and file annual return on the portal on or before 30th May following the financial year to which that return relates;

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13. Responsibilities of Central Government . (1) All Ministries, Departments, institutes, and organizations

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falling under the administrative control of the Central Government shall be responsible for undertaking construction activities in

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compliance with these rules by aligning the conditions of tender documents, expression of interest, request for proposal, etc.

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(2) The Ministry of Housing and Urban Affairs shall undertake the following, namely:-

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(i) Progressively update the 'schedule of rates to include processed waste products and articles through the Central Public Works Department,

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(ii) Sensitise local authorities engaged in Swachha Bharat Mission (Urban) for management of construction and demolition waste;

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(iii) Align the provisions of model building bye-laws relating to the issue of building plan permits, demolition permits, and completion certificate with provisions of these rules;

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(iv) Incorporate reasonable compliance to these rules as a pre-requisite in performance evaluation and rating of local authority under various programmes.

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(3) The Ministry of Road, Transport and Highways shall undertake measures, including encouraging research, to promote utilisation of construction and demolition waste in road construction projects, and develop associated technical specifications and guidance manuals for such usage.

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(4) The Ministry of Rural Development, Ministry of Panchayati Raj and Ministry of Jal Shakti, through the Department of Drinking Water and Sanitation, shall undertake awareness activities and programs to sensitise the population in rural areas for management of construction and demolition waste, and implementation of the provisions of these rules

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(5) The Ministry of Commerce and Industry shall take measures to facilitate the listing of processed waste articles on Government E- marketplace.

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16. Responsibilities of State Government or Union territory Administration, local authority or development authority, and the State and Union Territory Pollution Control Board or Committee. (1) The Urban Development and Municipal Administration Department of the State or Union territory Administration shall be responsible for-

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(a) formulation and implementation of waste management policy, and issuance of directives for management of waste and utilisation of processed waste in its jurisdiction, duly aligned with these rules;

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(b) supporting local authorities in identification and setting up of intermediate waste storage facilities and processing sites on local or regional or cluster basis within a a year of notification of these rules, and monitoring implementation of these rules;

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(c) directing Department, institutes, and organisations falling under their administrative control to undertake construction activities in strict compliance with these rules by aligning the conditions of tender documents, expression of interest, request for proposal, etc.;

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(d) supporting and supervising agencies of the State or Union territory to:

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(i) Assess quantum of waste to be managed;

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(ii) Approve waste management and waste utilisation plans in a timely manner;

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(iii) Levy environmental compensation from non-compliant construction activities; and

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(iv) Undertake effective monitoring;

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(e) inclusion of processed waste articles and materials in the state-specific 'Schedule of rates';

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(f) taking measures for registration, skill development, safe operating conditions and routine health monitoring of construction and demolition workers;

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(g) alignment of local building and construction related byelaws to these rules.:

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(2) The local or development authority, as appropriate, shall be responsible for-

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(a) monitoring implementation of these rules;

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(b) referring cases of violation and non-compliance to State or Union Territory Pollution. Control Board or Committee;

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(d) putting mandatory conditions in tenders, expression of interests, requests for proposals, work orders, etc. for compliance of extended producer responsibility and waste utilisation framework,

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18. Environment Compensation . -

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(1) Where any producer, operator of intermediate waste storage facility, recycler, occupiers of construction and reconstruction projects or any other entity, fails to comply with the provisions relating to disposal and recycling of construction and demolition waste in an environmentally sound manner, including extender producer responsibility target, utilisation of waste target under these rules, thereby causing loss, damage or injury to environment or public health, it shall be liable to pay

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environmental compensation which may be equal to such loss, damage or injury under this rule.

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(2) No environmental compensation shall be imposed under this rule without an opportunity of being heard in this matter.

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(3) The Central Board may impose the environmental compensation in accordance with these rules.

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(4) The Payment of environmental compensation shall not absolve the producer from the extended producer responsibility and the unfulfilled extended producer responsibility for a particular year shall be carried forward to the next year and so on for a period up to three years, where producer complies with the obligation, the amount of environmental compensation paid by him may be returned to him, if the obligation is compiled-

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(1) within one year, 85% of the environment compensation;

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(2) within two years, 60% of the environment compensation;

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(3) within three years, 30% of the environment compensation; and

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(4) after three years no environmental compensation shall be returned to the producer.

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(5) If a producer furnishes any false information resulting in over generation of extended producer responsibility certificates, his registration under these rules shall be liable to be cancelled and in case any environmental compensation has been imposed, it shall not be returned in any case.

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(6) If the producer is guilty of furnishing false information for three times under sub-rule (5) his registration shall be cancelled permanently.

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(7) The money collected as environmental compensation under this rule shall be kept by CPCB in a separate account and shall be utilised only for collection and recycling of uncollected, legacy, orphan waste and waste in respect of which the environment compensation is levied, research and development, incentivizing recyclers, financial assistance to local bodies for managing waste management projects and on other heads as decided by the committee.

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(8) The modalities and heads for utilisation of the funds shall be decided by the Steering Committee with the approval of the Ministry of Environment, Forest and Climate Change.

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Committee . (1) There shall be a Steering Committee to oversee the implementation of these rules, consisting of following members, namely to be appointed by the Central Government, namely: -

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(a) the chairperson of the Central pollution Control BoardChairperson;

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(b) one representative each from the Union Ministry of-

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(i) Environment, Forest and Climate Change:

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(ii) Housing and Urban Affairs;

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(iii) Road Transport and Highways;

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(iv) Panchayati Raj:

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(v) Rural Development;

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(vi) Jal Shakti;

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(d) one representative each from the Bureau of Indian Standards, Indian Roads Congress, National Council of Cement and Building Materials, Central Road Research Institute, National Council of Building Materials;

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(e) two representatives each from real estate sector, infrastructure sector, and recycling industry,

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(f) one representative each from three State Governments on a rotation basis;

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(g) one representative each from three State Boards on rotation basis;

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(i) Member Secretary, Central Pollution Control Board - Member Convener.

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(2) The Steering Committee may co-opt such members and special invitees as may be deemed appropriate for conducting the business of the Committee.

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(3) There shall be a Monitoring Committee to supervise the implementation of these rules in the State or Union territory consisting of the following members to be appointed by the State Government namely:-

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(a) Secretary in charge of the Department of the State Government dealing with the environment-chairperson;

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(b) a representative each of the Department of the State Government dealing with-

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(i) Urban Development and Municipal Administration;

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(ii) Road and Transport;

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(iii) Rural Development and Panchayat;

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(iv) Land Management and Revenue:

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(d) one representatives each from three Urban Local bodies of the State;

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(4) The Monitoring Committee may co-opt such members and special invitees-as may be deemed appropriate for conducting the business of the Committee.

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(5) The Steering Committees shall decide upon the disputes arising and may refer any issue to the Central Government for taking appropriate decision.

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(6) The Steering Committee shall review the targets, weightage and manner of recycling in view of the technological advancements and other factors and make recommendations to the Central Government for amendment of these rules. (7) The Steering Committee shall be responsible for overall monitoring and supervision of implementation of these rules and take such measures, as it deems necessary for proper implementation of these rules.

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(8) The members of the Steering Committee and the Monitoring Committee may be paid such allowances for attending the meeting of the Committee as may be determined by the Central Government and the State Government, respectively.

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The respondents are duty bound to strictly follow the guidelines issued by the Ministry as per Rules quoted above. Second issue which has been raised is with regard to interlocking or pairing blocks and concretization around tree happening in various areas of the city in violation of the guidelines for greening of urban areas and landscape issued by the Ministry of Urban Development dated 21.07.2000 and other directions.

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The guidelines issued on 21.07.2000 by MoUD, provides maintaining optimum green space in urban areas as follows :- “6. Adequate space to be left around trees: An area of 6‟ x 6‟ (six feet by six feet) around the trees should be left uncemented. Widening of roads upto the trunk of trees is to be avoided as roots come under the asphalted

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roads and will gradually die. In case of storm, these trees can topple down. Activities which adversely affect the roots are to be kept at a minimum.”

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The matter of environmental damage for use to unnecessary and restful building exercises undertaking by the municipal agencies was considered by the Ministry of Housing and Urban Poverty Alleviation, Nirman Bhawan, New Delhi and certain guidelines have been issued named guidelines for greening of urban areas and landscaped the guidelines are as follows :-

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“1. To avoid use of excessive tiling of pavements : porous materials to be used

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Unnecessary and excessive tiling of the roadside pavement should be avoided. The area around trees lined along the road should not be covered with tiling as it hampers the basic necessary functions and needs of the trees i.e root aeration and availability of water get drastically reduced. Whenever tiling is done, porous tiles alone should be used. Roots of the trees should be protected, top soil should be preserved while taking up civic works. Indiscriminate tiling of road dividers and footpaths should be avoided.

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2. Tiling should be done only on pavements with heavy

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pedestrian traffic :

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Tiling should be only done on the roadside which have heavy pedestrian movements. In case of bridges and such areas where there are no pedestrian movements, tiling may be avoided and in case tiling is to be done, preference is to be given to porous tiles as porous materials allows seepage of ground water. The species of trees may be chosen for their pollution reduction abilities including dust trapping to avoid reliance of a single species, a combination of trees, shrubs, grasses should be grown.

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3. Growth of grasses to be encouraged

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The necessity of grasses playing a vital role in making soil suitable for vegetation should be realized and unnecessary digging of soil should be stopped forthwith.

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4. Excessive pruning to be avoided

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Practice of excessive pruning of crops should be avoided. Pruning of plants in a well nurtured garden and pruning of roadside plants should be differentiated. Excessive running may lead to upsetting the root shoot ratio. Leaf pruning should not be resorted to.

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5. Compost to be made of leaves

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Leaf is an excellent material for making of compost and burning of leaves causes pollution. A system of composting of leaves in nearby parks should be adopted which will provide water retentive manure to civic agencies. Some fallen leaves may be left near the base as water retentive mulch.

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6. Adequate space to be left around trees

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An area of 6”x 6” around the trees should be left uncemented. Widening of roads upto the trunk of trees is to be avoided as roots come under the asphalted roads and will gradually die. In case of storm, these trees can topple down. Activities which adversely affect the roots are to be kept at a minimum.

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7. Digging near trees to be avoided Digging near the trees by allowing telephone, electricity, sewage lines should be avoided to avoid root injury; sufficient space should be left along the ground for the trees. In no case should roots be exposed. Washing avenue trees foliage may be done on a trimonthly basis to get rid of particulate matter from the foliage.

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8. Use of Organic Compost :

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The dead trees may be replaced by young plants after providing sufficient compost in the pits. Organic manure added with compost FYM mix with nitrogen fixing bacteria culture and neem cake should be spread on the green and

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poured into the soil before either irrigating the tree basin or before rains.

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9. Planting of second line trees to be encouraged :

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New trees which may be called as second generation trees must be planted preferably 2-3 meters behind the existing road trees in an alternate position or inside the bungalow compounds. A mix of foliage and fruit trees should be planted. Planting of fairly well established large trees should be undertaken as chances of their survival will be more. Cues of species to be adopted may be taken from the old trees lining Delhi‟s roads.

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10. Initiation of EEC activities

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Horticulture dept. may initiate education/awareness campaign with school students and elders and users of the park where the different species of trees are present in the particular park and importance about preservation of ecosystems is explained. School students may be taken for nature walks in a major garden to get them associated with the flora and fauna around them. Also the citizens of an area residing near a park can be involved for this awareness campaign.

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11. Compactness of soil near trees to be avoided

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Compactness of soil should be avoided within at least one meter around the tree. Perforated metallic frame can be used for this purpose. Soil surveys around the trees should be done by removing stones.

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12. Setting up a Central Resource Centre

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A Central Resource Centre should be set up to aid and advise the State Governments, Municipal Corporations and other development agencies dealing with matters pertaining to horticulture and landscaping. A manual on the subject should also be prepared.

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13. Stress on shelter beds of thick trees

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Around the cities vulnerable to desert winds, shelter – beds of special design of thick trees should be planted.

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14. Updating technology of transplantation of trees Technology of transplantation of trees should be updated to ensure at least 80 percent of the success rate of planted trees. As far as possible, trees grown in the nursery with a height of four to six meters should be planted. Presently, survival rate of trees is less due to animal menace and noncaring of trees. The public participation in caring of trees planted around their houses may be ensured.

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15. Setting up of a tree disease surgery unit in Horticulture Dept .

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A small tree disease/surgery unit should be created in all horticulture departments to cure tree maladies.

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16. Earmarking of some cost of projects for landscaping

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In any layout plan of land and housing development, at least two and a half percent of the cost of the project should be earmarked for landscaping and green development.

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17. Use of kitchen and garden waste for compost

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Technology to use the kitchen and garden waste to fabricate building and landscaping material should be perfected and made available to all the urban development gencies.

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18.Proper care of water fronts

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Underground water does not gets recharged sufficiently because of use of concrete around them. Efforts should be made to get the water fronts recharged and these fronts kept clean.

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19. Heritage building to be landscaped

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Areas around heritage buildings should be suitable landscaped and beautified.

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20. Greening of void areas not required for minimum construction

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Urban void areas should not be allowed to exist and the area not required for immediate development or construction, should be made green and fenced with suitable landscaping. Similarly road berm/right of way required for future road widening should be landscaped and maintained as green.

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21. Encouragement for water harvesting technologies

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Information regarding water harvesting has to be disseminated in public and its use encouraged. It should be ensured that quality of 7 water does not get deteriorated for which required measures are to be taken.

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22. For maintenance of greens internally

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Criss-cross paths should be provided for in the gardens and lawns. There should be connecting gated at all corners so that people do not walk on the grass.

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23. Public participation to be ensured

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Public participation at present is poor in maintenance of green. This has to be activated and Residents Welfare Association and to be involved in planting of new trees and in their survival. User groups need to be activated; NGO‟s can play a catalytic role in this. Each NGO may earmark a selected area for its activities thereby dividing the entire Net area. A Committee with officials from MCD, NDMC, DDA, GNCTD, etc will act as a nodal agency and will review every month or as necessary.

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The applicant has argued certain guidelines as follows :-

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“The trees fall because there is an imbalance between the root structure and the crown. Because of rampant concretization and construction, roots of old trees have become weak and even if a mild storm hits the city, they bend and fall,” “The roots of the trees are destroyed because they get little space to grow and anchor the tree.”

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“More than three lakh trees have already been cut in the city for construction-related activities. We need to save whatever is left............

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“Concrete pavements are preventing adequate supply of water needed for the growth of roots ”

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We are facing serious flood damages due to heavy rains and the matter was considered by the Secretary to the Government of India, Ministry of Housing and Urban Poverty Alleviation, Nirman Bhawan, New Delhi and spells of heavy rains, have brought out the following factors as some of the core causes for flooding of localities/neighborhoods in various cities:-

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a. Lack of planned storm water drainage system.

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b. Increased run off due to inappropriate concretization/paving in urban area and increased intensity of precipitation due to climate change.

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c. Sinking of plinth due to increase in height of roads.

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d. Choked storm water drains with solid waste, including construction & demolition (C&D) waste.

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e. Closed storm water drains owing to careless surfacing. Including concretization, of the carriageway.

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f. Improper design of the road.

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g. Diminishing spread and depth of the urban water bodies (lakes & ponds) and lack of its integration with storm drainage system.

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h. Inadequate arrangement to dispose off storm water from low lying areas.

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It is necessary to draw lessons from the situation faced by

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the cities in the recent monsoon and take action to mitigate the impact of similar rains in the future. Suggestions are as follows:

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(a) Lack of planned storm waste drainage system .

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Most of the cities are still having unplanned storm drainage system which were basically developed in piecemeal manner along with growth of city. As such the drains are not capable to accommodate/carry the run-off from contributory catchments which often lead to over

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flowing of drains and consequent water logging. These drains are often not designed to accommodate the run off at required rate to avoid wate logging and are designed on very conservative side following the thumb rule. Such extension of drains to adjoining undeveloped are leads to ineffective discharge of storm water and often leads to water logging.

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(b) Increased run off due to inappropriate concretization/ paving in urban area and increased intensity of precipitation due to climate change .

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Due to rapid concretization/paving in urban area, volume of peak run off is increasing leading to water logging/flooding in urban areas. The ever increasing concretization/paving in urban areas, reduces ground water recharge on one hand and increases peak run off on other hand, thus, resulting in overflowing of existing drains already clogged with solid waste. As such there is urgent need to review existing By-laws in urban areas to make it mandatory to manufacture and use of porous paving tiles/bricks, to the extent feasible, to facilitate ground water recharge. Rain water harvesting is closely linked with urban flooding and its provision in houses would be beneficial in not only reducing water requirement but also bring down the level of flooding. In addition to above, it is well established now that because of anthropogenic activities, global warming is on rise, resulting in change in rainfall pattern and intensity of precipitation. This necessitates enhancing of capacities of

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existing storm drains and constructing new drains incorporating above factors.

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(c)Sinking of plinth due to increase in height of roads . Re-carpeting of roads either to improve surface or to strengthen it, resulting in increase in thickness of road. This makes the plinth level of the buildings lower than the road surface. This situation in case of havey rainfall, could lead to rainwater entering the houses. At times when the drainage system is clogged such rainwater mixes with the sewerage, which flows back into the house. The would call for a survey of the city roads to identify areas where the road surface is higher than the plinth levels. Careless re-carpeting could also result in disturbance of existing services and approach to houses along these roads.

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Keeping in view the recent technological innovations, it is advised to adopt hot in-situ recycling technology by removing the top bituminous layers, remixing with desired quantity of bitumen deficient and re-laid hot mixed to desired thickness. These steps are executed in one go by continuous chain of machines so as to disturb the existing road for few hours only. Alternatively, road surface may be maintained by removing the entire top bituminous surface and transport to plant for recycling and then relay after adding these deficient materials. This technology is also same as above, but time consuming and involves transportation of materials. Another aspect for improving the riding quality of roads is to adopt the

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Micro-surfacing Technology. It has a thin layer of modified bitumen emulsion mixed with very small size aggregates, which virtually fills the cracks and seals the entire surface at top to make it more resistant to with stand the traffic load for further period of 2 to 3 years. Cement concrete roads may be adopted for new urban roads having long life span of 20 to 25 years and do not require frequent relaying. This technology is preferable when service utility ducts can be provided separately.

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(d)Choked storm water drains with solid waste, including

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construction & demolition (C&D) waste. Growing consumerism and changing lifestyle brings in more rubbish from the households. As the garbage collection system are not modernized/systematized, it leads to spreads of the rubbish on the streets, leading to spillage into the storm water drains. While street surface are cleaned, the storm water drains are rarely cleaned and thus get gradually choked. Such choking in 11 compounded by the C&D waste getting pushed into the storm water drains. Rubbish in the drains attract rodents, dogs, crows, monkeys etc., which often are carries of germs and viruses of various diseases.

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It is therefore, suggested that streets should be made garbage free, by following the concept of bin-less streets. Under this concept, households are expected to keep the garbage within the homestead, and handover the same at a fixed time to the house-tohouse collector. The civic bodies should make it a point to ensure that storm water

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drains remain clean at all times, as much as they work to keep the street surface clean.

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(e) Closed storm water drains owing to careless surfacing, including concretization of the

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carriageway Owing to increasing motorized traffic, the carriage way is often widened, but in a careless manner, which results in either diminishing the carrying capacity of the storm water drains or, to the complete closure of such drains/inlets. The situations become complicated and practically irreversible, if it result from concretization of street surface. Therefore, while surfacing of resurfacing the road. The storm water drain system should be adequately provided for and protected.

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(f) Improper design of the road .

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The road design should provided for rain water to flow smoothly and promptly sideways, into the storm water drain. However, it is often noticed that the road surface does not have proper camber, which make the road itself as the drain. Water stagnant on the road surface make the bitumen lose it strength/ adhesiveness and leads to development of pot holes. The pots holes store more water and enhance the progression of the decay of the road surface.

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It is therefore, suggested that road design should be done carefully, to let the rain water flow freely and quickly sideways across t he road into the drain and not along the

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road length. While the new roads should be designed suitably, even existing roads should be reviewed and camber correction taken up.

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(g) Diminishing spread and depth of the urban water

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bodies (lakes & ponds) and lack of its integration with storm drainage system . The water from the storm water drains should be allowed to be speed into the soil, to the extent possible without flooding, and then let into water bodies. The surplus water from the water bodies would have to be released into the major natural drains, onwards into the rivulets/rivers.

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It is however, possible to find some of the water bodies already choked or encroached upon and silted. Such cases would need to be identified and system may result in storm peak attenuation and thus diminishing the flooding of city area. This may require preparation of the Drainage Plan for the city/town and its immediate surrounding areas, which put together, should be noticed as Local Planning Area (LPA) under the relevant State Law. The Drainage Plan for the LPA should be notified as part of the Master Plan.

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(h) Inadequate arrangements to dispose off storm water

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from low lying areas .

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Often low lying pockets in cities lack credible arrangements to dispose off storm water like adequate pumping capacity. Even if pumping arrangement is available that becomes dysfunctional during rains

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leading to flooding of area. Also often outfall drains are not designed appropriately to effectively discharge in water receiving bodies like lakes/rivers and this also sometimes lead to compounding of problem by back flow from such water bodies. These aspects also need to be addressed appropriately.

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In view of the above facts and report the Chief Secretaries of the State Governments and the UTs Administrations were informed vide letter no. A-11020/5/2013-PHEII dated 23.09.2013 to follow the guidelines on the following points :-

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i. Guidelines for Greening of urban areas and landscaping.

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ii. Action plan for flood proofing of cities/towns.

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iii. Advisory on conservation and restoration of water bodies in urban areas.

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iv. Revision of bye-laws to make rain water harvesting mandatory.

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The letter contains the following facts :-

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“1. To avoid use of excessive tiling of pavements : porous materials to be used :

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O.A. No.166/2025(CZ) Gaurav Prakash Vs. State of Madhya Pradesh & Ors.

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2. Tiling should be done only on pavements with heavy pedestrian traffic :

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3. Growth of grasses to be encouraged :

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The necessity of grasses playing a vital role in making soil suitable for vegetation should be realized and unnecessary digging of soil should be stopped forthwith.

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4. Excessive pruning to be avoided :

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5 . Compost to be made of leaves : Leaf is an excellent material

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for making of compost and burning of leaves causes pollution. A system of composting of leaves in nearby parks should be adopted which will provide water retentive manure to civic agencies. Some fallen leaves may be left near the base as water retentive mulch.

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Adequate space to be left around trees : An area of 6”x 6”

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around the trees should be left uncemented. Widening of roads

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O.A. No.166/2025(CZ) Gaurav Prakash Vs. State of Madhya Pradesh & Ors.

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upto the trunk of trees is to be avoided as roots come under the asphalted roads and will gradually die. In case of storm, these trees can topple down. Activities which adversely affect the roots are to be kept at a minimum.

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7. Digging near trees to be avoided

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Digging near the trees by allowing telephone, electricity, sewage lines should be avoided to avoid root injury; sufficient space should be left along the ground for the trees. In no case should roots be exposed. Washing avenue trees foliage may be done on a tri-monthly basis to get rid of particulate matter from the foliage.

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8. Use of Organic Compost : The dead trees may be replaced by young plants after providing sufficient compost in the pits. Organic manure added with compost FYM mix with nitrogen fixing bacteria culture and neem cake should be spread on the green and poured into the soil before either irrigating the tree basin or before rains.

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9. Planting of second line trees to be encouraged : New trees which may be called as second generation trees must be planted preferably 2-3 meters behind the existing road trees in analternate position or inside the bungalow compounds. A mix of foliage and fruit trees should be planted. Planting of fairly well established large trees should be undertaken as chances of their survival will be more. Cues of species to be adopted may be taken from the old trees lining Delhi‟s roads.

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10. Initiation of EEC activities

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Horticulture dept. may initiate education/awareness campaign

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with school students and elders and users of the park where the

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O.A. No.166/2025(CZ) Gaurav Prakash Vs. State of Madhya Pradesh & Ors.

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different species of trees are present in the particular park and importance about preservation of eco-systems is explained. School students may be taken for nature walks in a major garden to get them associated with the flora and fauna around them. Also the citizens of an area residing near a park can be involved for this awareness campaign.

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11. Compactness of soil near trees to be avoided Compactness of soil should be avoided within at least one meter around the tree. Perforated metallic frame can be used for this purpose. Soil surveys around the trees should be done by removing stones.

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12. Setting up a Central Resource Centre

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13. Stress on shelter beds of thick trees Around the cities vulnerable to desert wings, shelter – beds of special design of thick trees should be planted.

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14. Updating technology of transplantation of trees Technology of transplantation of trees should be updated to ensure at least 80 percent of the success rate of planted trees. As far as possible, trees grown in the nursery with a height of four to six meters should be planted. Presently, survival rate of trees is less due to animal menace and non-caring of trees. The public participation in caring of trees planted around their houses may be ensured.

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O.A. No.166/2025(CZ) Gaurav Prakash Vs. State of Madhya Pradesh & Ors.

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15. Setting up of a tree disease surgery unit in Horticulture

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Dept .

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A small tree disease/surgery unit should be created in all horticulture departments to cure tree maladies.

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16. Earmarking of some cost of projects for landscaping

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In any layout plan of land and housing development, at least two and a half percent of the cost of the project should be earmarked for landscaping and green development.

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17. Use of kitchen and garden waste for compose Technology

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to use the kitchen and garden waste to fabricate building and landscaping material should be perfected and made available to all the urban development gencies.

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18.Proper care of water fronts

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Underground water does not gets recharged sufficiently because of use of concrete around them. Efforts should be made to get the water fronts recharged and these fronts kept clean.

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19. Heritage building to be landscaped

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Areas around heritage buildings should be suitable landscaped and beautified.

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20. Greening of void areas not required for minimum

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construction Urban void areas should not be allowed to exist and the area not required for immediate development or construction, should be made green and fenced with suitable landscaping. Similarly road berm/right of way required for future road widening should be landscaped and maintained as green.

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O.A. No.166/2025(CZ) Gaurav Prakash Vs. State of Madhya Pradesh & Ors.

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21. Encouragement for water harvesting technologies

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Information regarding water harvesting has to be disseminated in public and its use encouraged. It should be ensured that quality of water does not get deteriorated for which required measures are to be taken.

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22. For maintenance of greens internally

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Criss-cross paths should be provided for in the gardens and lawns. There should be connecting gated at all corners so that people do not walk on the grass.

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23. Public participation to be ensured

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Public participation at present is poor in maintenance of green. This has to be activated and Residents Welfare Association and to be involved in planting of new trees and in their survival. User groups need to be activated; NGO‟s can play a catalytic role in this. Each 17 NGO may earmark a selected area for its activities thereby dividing the entire Net area. A Committee with officials from MCD, NDMC, DDA, GNCTD, etc will act as a nodal agency and will review every month or as necessary.”

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It is argued by the learned counsel for the applicant that:-

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i. The authorities have undertaken concretization around trees in the city in such a manner that the entire area around the trees, up till the stem has been covered with concrete. No kucha/ soft area has been left around the trees severely impacting their health as well as the environment. In the areas mentioned, cemented interlocking, cement concrete etc. are being used in violation of the Guidelines issued by the Ministry

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O.A. No.166/2025(CZ) Gaurav Prakash Vs. State of Madhya Pradesh & Ors.

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of Urban Development dated 21.07.2000 and Order of the Hon’ble Tribunal in Vijay Saini v. State of Rajasthan.

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ii. The Hon’ble High Court of Delhi has also taken cognizance of concretization around trees in the case of Kalpavriksh v. Union of India (Writ Petition (Civil) No. 1772 of 2007) and directed for stoppage of all concretization around trees while in the case of S. C. Jain v. Union of India (Writ Petition (Civil) No. 11162 of 2009), the Hon‟ble High Court of Delhi directed for maintaining space of 6*6 feet around roadside trees. The Principal Bench of this Hon‟ble Tribunal took cognizance of the issue of concretization around the trees in the case of Aditya N. Prasad v. Union of India (OA No. 82 of 2013) had also directed for at least one meter of space to be left around roadside trees at all costs.

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iii. Tribunal in the matter titled, Vijay Saini v. State of Rajasthan (OA No. 126 of 2013) had dealt with the issue of excessive concretization/tiling in the city of Jaipur wherein vide Order dated 29.01.2014, this Tribunal directed all the local bodies covered under the Rajasthan Municipality Act as well as the Panchayati Raj Act to carry out deconcretization around trees in the entire State of Rajasthan:

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…

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We also direct all the local authorities covered under the Rajasthan Municipality Act as well as the Panchayati Raj Act to carry out the necessary task of removing the concrete / pakka road at the base of the trees and clear the area 1 mt. around. We grant 4 weeks‟ time to the Respondents to complete the

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O.A. No.166/2025(CZ) Gaurav Prakash Vs. State of Madhya Pradesh & Ors.

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aforesaid task and submit a compliance report. The Registrar is directed to immediately send a copy of our order to the Secretary, Urban Development & Housing, Govt. of Rajasthan, Jaipur.

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iv. That use of cement and concrete on the roads without leaving any space for loose soil and kucha/soft area has proved to be detrimental to the ecology of the area. It not only prevents ground water recharge but also increases the surface run-off, thereby adding to the problem of depleting ground water levels. Concretization results in a rise in the ambient temperatures, leading to the formation of “Urban Heat Island.”

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v. That the cows and cattle also find it unbearable to withstand the heat extremes due to high radiation emitted from the concretized surfaces. Their bodies get seriously injured while walking or resting on the oppressively heated up concretized surfaces. Similarly, during cold winter days, animals are unable to sit on the chilly concretized surfaces. A lot of animals fall ill owing to the terminally heated or cold concretized surfaces. Loose soil, on the other hand, insulates the animals, remaining cold on harsh summer days and warm on excessive cold days.

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vi. In the case of Aditya N. Prasad v. Union of India (OA No.

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82 of 2013) , the Principal Bench of this Tribunal focused on the legal obligations of the statutory authorities under the Environment (Protection) Act, 1986 and directed the authorities functioning in the NCT of Delhi to de-concretize within one meter radius of the trees. The relevant part is reproduced below:

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O.A. No.166/2025(CZ) Gaurav Prakash Vs. State of Madhya Pradesh & Ors.

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“The learned counsel appearing for the Applicant has placed on record a report on tree census conducted by the NGO wherein it is pointed out that nearly 89% of the trees at Sarvodaya Enclave alone suffer from concretization . He also brings to our notice an article appearing in the Times of India dated 22nd April, 2013, titled “Ads nail city‟s greens”. In this article, it is shown that the Delhi Transport Corporation (DTC) has fixed its Bus Stop boards in and trees, advertising boards on the trees. Not only this, even electric line wirings of high tension have been tightened fitted on the trees. Apparently, from these indisputable facts, it is clear that all public authorities

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and Respondents have failed to discharge their statutory obligations. They have not only violated various statues but in turn have also infringed their legal obligations arising out of the Environment Act. It is the obligation of the State to provide healthy environment to the citizens and prevent reckless injury to the trees, which ultimately results in their felling. This is a clear infringement of law and failure on the part of the authorities concerned to discharge their statutory obligations.

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….

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vii. In the meanwhile, we direct all the public authorities,

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more particularly Municipal Corporation of Delhi, DDA, DTC, DMRC, NHAI and all Government respondents in this petition including the Director General of CPWD, the

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Chief Engineer, PWD, to ensure that (i) All the sign boards,

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names, advertisements, any kind of boards or signages,

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O.A. No.166/2025(CZ) Gaurav Prakash Vs. State of Madhya Pradesh & Ors.

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electric wires and high tension cables or otherwise are removed from the trees forthwith. (ii) They shall also ensure that the concrete surrounding the trees within one metre of the trees are removed forthwith and all the trees are looked after well and due precaution is taken in future so that no concrete or construction or repairing work is done atleast within one metre radius of the trunk of trees. The Vice- Chairperson, the Commissioner, the Chief Engineer, the Director General and all other senior most officers of the Departments/ authorities concerned shall be personally responsible for carrying out this order. (iii) The Departments/authorities concerned shall take all and every prohibitive measures to prevent the defacing of the trees in any manner whatsoever, save only its trimming in accordance with law. (iv) All the respondents whose boards are fixed on the trees shall be prosecuted by the respective authorities under in accordance with the relevant law.”

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viii. The Hon’ble Supreme Court of India in the case of Municipal Corporation of Greater Mumbai and Ors. Vs. Kohinoor CTNL Infrastructure Company Pvt. Ltd. and anr. reported in (2014) 4 SCC 538 also emphasized on the importance of having open spaces and trees from an environmental point of view and held that, “the requirement of having trees and open land around them is necessary from an environmental point of view, since there is already excessive concretization, and a very serious reduction in open spaces at the ground level.” The Court went on to refer to the case of Court on its Own Motion v. Union of India

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O.A. No.166/2025(CZ) Gaurav Prakash Vs. State of Madhya Pradesh & Ors.

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reported in 2012 (12) SCALE 307 to emphasize on the wide ambit of Article 21 of the Constitution of India which imbibes within itself the right to live in a clean environment.

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viii. In the case of Bhavreen Kandhari v. Gyanesh Bharti & Ors. (CONT.CAS(C) 778/2021), the Hon‟ble High Court of Delhi vide Order dated 14.02.2022 had directed the local bodies of Delhi to ensure proper supply of tree ambulances and tree disease surgery units in NCT of Delhi. The Hon‟ble High Court directed the Zonal Dy. Commissioner, SDMC to “ensure adequate number of tree ambulances, for the area under their control”. The Hon‟ble High Court also directed SDMC to ensure that there are tree disease surgery units in the Corporation and held the following:

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“4. The learned counsel for the petitioner states that there needs to be a Tree Disease Surgery Unit in the Corporation.

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If the same is not already operationalized, it shall be

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so ensured by the Corporation before the next date.”

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Accordingly, we direct as follows:

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We direct the constitution of an Eight Member State Task Force to be headed and coordinated by Secretary (Environment) not below the rank of the Joint Secretary to the Ministry from Housing and Urban Development, road transport, petroleum, power, agriculture, health and CPCB with a view to monitor remedial steps to improve the status of the air quality consistent with the action plans prepared by the Expert Committee and also to monitor compliance of noise control norms. The committee may also monitor enforcement of laid down air quality standards in identified air polluted areas where air quality is poor and above. The Committee may hold its first meeting within three months and thereafter evolve mechanism

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O.A. No.166/2025(CZ) Gaurav Prakash Vs. State of Madhya Pradesh & Ors.

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for monitoring by quarterly meetings with the Secretaries.

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The monitoring of the State Task Force with reference to the Action plan include installation of monitoring stations, completion of CC and SS studies, shifting, prohibiting and regulating activities beyond carrying capacity such as shifting a two cleaner fuel and declaring regulated/no vehicle zone so as to ensure that air quality does not go beyond poor for protection of health of the citizens, effectiveness of the PG or PS timelines for execution of the Action Plan recovery of compensation for delay, addressing gap in control of noise pollution, afforestation drives utilizing CAMPA fund, effective implementation of ERS, revamping of PCB and PCC and other monitoring mechanism, remediation of legacy waste sites and effective steps for management of other waste, including bio-medical plastic and e-waste dust control, public awareness and community involvement programmes and setting up of data grid on all levels.

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Consistent with Digital India initiative, Department of State Environment, State PCB and CPCB may consider setting up and periodically updating State Environment Data Grid linked to the District Headquarters and District Environmental Data Grids and further linked to available portals like Online Air Quality, SAMEER and other monitoring stations to facilitate analysis, research and planning on a subject. The State PCB and the Environmental Department may laid down guidelines for classifying cities/districts in terms of air quality in different categories such as red, orange and green on that basis State Air Quality at plus may be compiled and published on the website of State PCB monthly, quarterly and annually which is practicable and feasible.

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The State level monitoring must include action at the ground as per directions to be implemented by the District Magistrate or other concerned departments. The monitoring may include all associated issues including road dust control by appropriate sprinkling of water (utilizing treated water, instead of portable water) planting herbs and shrubs, and all sources of air pollution including fire crackers. The issue of noise pollution also needs to be addressed as earlier as possible as directed by the Rules and the directions given by this Tribunal.

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O.A. No.166/2025(CZ) Gaurav Prakash Vs. State of Madhya Pradesh & Ors.

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We direct all the Municipal Corporations/local bodies of Madhya Pradesh where air quality levels are normally non-compliant and in all other cities with the air quality poor and above to take necessary steps to ensure sprinkling of water before sweeping of roads, using treated water from STP, and take further steps of planting of grass/raising small herbs and shrubs on the side of the pavements/road soldiers and on open dusty areas, including the areas on the sides of the pavement. The pavement may also be appropriately covered so as to prevent generation of dust. Attention also needs to be given to stop burning of biomass/waste and regulate construction and demolition activities following the laid guidelines and protocols under the Rules.

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All the Municipal Corporations, local bodies may send their report to the Principal Secretary (Environment) of the State once in a quarter and the Principal Secretary Environment heading the Committee may compile data and furnish the same to the CPCB which may be consolidated and updated periodically.

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Guidelines issued by the Ministry in 2025 which is to be effective from the April,2026 are to be strictly complied with and Environment Construction and Demolition Waste Management Rules, 2025 must be complied and in letter and spirit from immediate effect and it should be circulated to all Municipal Corporations and District Collectors for a strict compliance.

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Secretary Urban Development, Madhya Pradesh is directed to issue necessary guidelines for compliance of the above orders and guidelines issued by the Ministry concerned and to ensure that there must be a gap of 1 meter x 1meter while placing the paving block or concentration around the trees plantation in anywhere in the city or outside the city

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Municipal Corporations are directed to maintain a space of one meter around the trees planted on the roadside because use of cement and concrete on and around the trees without leaving any space for loose soil or soft area is detrimental to the ecology of the trees and area and also prevents the groundwater recharge, concretization results in a rise in the ambient

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O.A. No.166/2025(CZ) Gaurav Prakash Vs. State of Madhya Pradesh & Ors.

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temperature leading to the formation of urban heat Island.

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The Municipal Corporations, NHAI and PWD Department are directed to ensure that all the signboards, names, advertisements any kind of boards or signages, electric wires and high tensions cables or otherwise are removed from the trees forthwith. The department concern shall take all and every prohibitive measures to prevent the defacing of the trees in any manner whatsoever save only its trimming in accordance with the rules. The Municipal Corporation, Bhopal may consider the tree disease surgery unit in the corporation and to be operational within a short practicable and feasible time.

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Respondents are directed to take immediate remedial measures which have been presented in the present issue as narrated above. A copy of this order be sent on available e-mail to the Principal Secretary (Environment), Principal Secretary Urban Development, Principal Secretary (PWD), Member Secretary State PCB Madhya Pradesh with direction to circulate the copy to all the Municipal Corporation for compliance.

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With these directions the Original Application No. 166/2025 along with pending I.A. Nos. 150/2025 and 21/2026 stand disposed of.

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Sheo Kumar Singh, JM

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Dr. Prashant Gargava, EM

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10^th April, 2026, Original Application No.166/2025(CZ) (I.A. No.150/2025 & I.A. No.21/2026) K

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O.A. No.166/2025(CZ) Gaurav Prakash Vs. State of Madhya Pradesh & Ors.

Gaurav Prakash v. State of Madhya Pradesh

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Gaurav Prakash v. State of Madhya Pradesh

Case brief

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