Disposed

Deepak Awasthi vs

NGT8 Apr 2026Original Application No. 341/2022

Case brief

AI extract

What is this about?

The NGT reviewed compliance regarding illegal encroachment on the Ganga floodplain and sewage discharge in Kanpur. Finding that steps like identification of encroachments and plans to tap drains were initiated, the court disposed of the application with directions to submit progress reports and prevent future illegal constructions.

What did the court decide?

Directing the Principal Secretary, Urban Development Department/MD Jal Nigam to file six-monthly progress reports on drain tapping and ensuring no new illegal constructions arise on the flood plain.

Deepak Awasthi vs — Environment and Pollution | NGT (2026)

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Item No. 10

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 341/2022

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Deepak Awasthi Applicant

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Versus

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Regional Office, MoEF & CC, Lucknow & Ors. Respondent(s)

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Date of hearing: 08.04.2026

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

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Applicant: None appeared Respondents: Mr. Pradeep Misra & Mr. Daleep Dhyani, Advs. for R-3, UPPCB Mr. Mohit Singhal, Adv. for R-4, CPCB (Through VC) Mr. I. K. Kapila, Advocate for R-6 (Through VC) Ms. Priyanka Swami, Mr. Abhishek Khare & Ms. Dippt Anubhuti, Advocates for R-7 and 9. Mr. Bhanwar Pal Singh Jadon, Ms. Gargi Chaturvedi, Ms. Anjali Sharma, Ms. Aditi Bhardwaj & Mr. Shivansh Sharma, Advocates for R-8 Mr. Gigi. C. George, Adv. for NMCG

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ORDER

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This Original Application (OA) was registered on the basis of the letter petition sent by Mr. Deepak Awasthi resident of H. No. 5/106, Purana Kanpur, Kanpur Nagar. In the letter petition, the complainant had raised the issue regarding illegal settlement of Sarjupurba colony at the downstream of Ranighat on the flood plain of river Ganga in Kanpur and had flagged the issue of illegal construction and encroachment in the said colony on the flood plain and pollution in river Ganga caused due to discharge of sewage. The Applicant had alleged that the ancient Ghats of Ranighat, Barighat, Tiwarighat and Rameshwarghat were damaged and flow of river Ganga was narrowed down due to illegal encroachment.

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The Tribunal considering the allegation made in the letter petition by the order dated 17.05.2022 had formed a joint Committee which had submitted the report on 10.08.2022. The joint committee had found the

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discharge of sewage directly in river Ganga and had confirmed the allegation which was made in the letter petition.

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The Tribunal accordingly by order dated 28.08.2023 had issued notice to the concerned Respondents who have filed the reply. During the pendency of the OA, steps have been taken by the concerned Respondents to remediate following two problems which were flagged in the OA:-

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(i) Illegal construction and encroachment on the flood plain of river Ganga in the area concerned.

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(ii) Discharge of untreated sewage in river Ganga from the drains flowing from the limits of Municipal Corporation Kanpur and accumulation of the solid waste on the bank/Ghats of the river Ganga.

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During the pendency of this OA, the action has been initiated by the concerned Authorities to resolve the issues flagged by the complainant in the letter petition.

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So far as the issue of encroachment on the flood plain of river Ganga in the stretch is concerned, it has been pointed out that the flood plain of the concerned stretch has been notified on the basis of the 100-year return period and this stretch falls in Segment-B Phase – II (Unnao to Baliya) of river Ganga. Referring to the map on page 373 it has been pointed out that the stretch where the alleged encroachment exists falls between pillar 29 to 32. The disclosure in this regard is contained in the compliance report dated 19.09.2025 filed by the Irrigation Department of State of UP mentioning as under:-

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“2. That the report has been prepared by the Superintending Engineer, Irrigation Works Circle, Kanpur (vide letter no. 3894/SI.ΚΑ.ΜΑΝ.ΚΑ./NGT (341/2022) dated 21.07.2025) and forwarded under the reference of the Chief Engineer (Ramganga), Irrigation and Water Resources Department, Uttar Pradesh (Letter No. 6504/MU.ABH./Ramganga/OA-341 dated 21.07.2025).

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3. That it is submitted that the Irrigation and Water Resources Department, Government of Uttar Pradesh, by its letter No. 24/2025/107/2025-27-SI-4-16(Writ) (NGT)/2023 dated 29.01.2025 (Annexure – 1), has notified the flood plain zone on the basis of the 100-year return period flood in Segment B, Phase 2 (Unnao to Ballia) of the River Ganga.”

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The action taken report dated 30.03.2025 filed by the Kanpur Development Authority (KDA) discloses that illegal constructions on the flood plain of river Ganga in the stretch under consideration have been identified. The disclosure made by the KDA in the above report as follows:-

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“6. He has been informedin relation to the above that Hon'ble NGT has passed an order to remove the said illegal colony. Hon'ble NGT has been informed that the said illegal colony was built about 40-50 years ago, in which about 100-150 houses are built. A survey of the site in question was conducted, according to which about 68 kutchapukka constructions are located in Pocket A and about 63 kutcha houses are located in Pocket B. The occupants appear to be from the weaker income group, whose list is attached. The site in question was surveyed, according to which Surajpurva Basti was found to be located on Arazi number 67 of village Katra Kanpur Kohna and Arazi number 774 part, 777 part, 779 part and 782 part of village Katra Lodhavakheda. According to the Khatauni of village Katra Kohna for the year 1427-1432, Arazi number 67 area 0.020 hectare is recorded in the rights of non-transferable landholders in category-2 account. The Khatauni of village Katra Lodhavakheda is sealed and on inspection of the sealed Khatauni, the certified copy of the said Khatauni could not be obtained due to the records being dilapidated. This office again issued letter number D/696/ Tehsildar-1 K.D.A dated 24.12.2024, in continuation of which on 04.01.2025, according to the Khatauni of village Katri Lodhvakheda for the year 1419-1424, account number-188, Arazi number- 774 area 0.1600 hectare, 777 area 0.2500 hectare, 779 area 0.0500 hectare and 782 area 0.7000 hectare are recorded in the account of new fallow land.”

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Learned counsel appearing for the Respondents have referred to the Annexure-5, the communications sent by the Secretary, KDA to the Additional Collector, Kanpur Nagar enclosed with the reply of the District Magistrate, Kanpur dated 29.09.2025 and have pointed out that the notices have already been sent to the identified encroachers on the flood plain in the stretch concerned.

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Hence, the action of demarcation of the flood plain, identification of the encroachers and the steps for removal have already been taken.

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So far as the prevention of discharge of untreated sewage from the drains flowing from Kanpur to river Ganga is concerned, it has been pointed by the counsel for the State of UP that there are 30 drains in District Kanpur out of which 14 are untapped and out of the 14 untapped drains 9 drains are discharging untreated sewage in river Ganga and 5 are discharging untreated sewage in river Pandu which is a tributary of river Ganga and meets river Ganga in Fatehpur. In respect of the tapping of these 14 drains, the disclosure is made in the response affidavit of Respondent No. 8– Urban Development Department dated 07.04.2026 is as under:-

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“7. That, with respect to the treatment of untreated liquid waste presently being discharged directly into River Ganga, it is most respectfully submitted that the 09 drains discharging into the said river, having a cumulative flow of approximately 12.29 MLD, are proposed to be tapped, and the sewage so intercepted shall be conveyed for treatment, through the SPS and CSPS, to the existing and operational 130 MLD STP and 43 MLD STPs in Kanpur.

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8. That it is most respectfully submitted that the National Mission for Clean Ganga (NMCG) has granted approval vide letter dated 02.05.2025 for the interception and diversion of the aforesaid 09 drains, along with the construction of 06 Sewage Pumping Stations (SPS), which shall thereafter be connected to the Common Sewage Pumping Station (CSPS) for conveyance to the aforementioned existing STPs for treatment.

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A copy of the approval dated 02.05.2025 by the NMCG is annexed herewith and marked as ANNEXURE-2.

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9. That for the execution of the above- mentioned works, the work order has been issued to M/s Technocraft Ventures Ltd., New Delhi. As per the terms of the contract, the date of commencement of work is 09.01.2026 and the stipulated date of completion is 08.07.2027 (including 15 days trial run).

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A copy of the work order is annexed herewith and marked as ANNEXURE-3.

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10. That, at present, the work of design/ drawing of the detailed construction plan is being carried out by IIT, Delhi. Subsequently, the civil works of the same will be initiated.

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A copy of the agreement with IIT, Delhi is annexed herewith and marked as ANNEXURE-4.

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11. That it is most humbly submitted that upon completion of the proposed works, the remaining 14 untapped drains (09 drains being discharged in River Ganga) in Kanpur Nagar shall stand fully tapped and no untreated sewage shall be discharged in river Ganga.”

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As per the above report the work of tapping of all these storm water drains will be completed by 08.07.2027. It has been pointed out that above work of tapping of the drains is under the supervision of Respondent No.8. Hence, regular progress report is required to be filed till the work is complete.

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Counsel for the Municipal Corporation Kanpur has pointed out the status of drains at Ranighat, Barighat and Rameshwarghat which is disclosed in the report of the Respondent No. 6-Kanpur Jal Nigam dated 22.04.2024 as under:-

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“9. In respect of the observations of the UP PCB as above it is respectfully submitted that:

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(i) Bio-remediation of Rani Ghat drain is being done since 16.12.23. A joint inspection of the drain was carried out by team of UP Jal Nigam and Kanpur Nagar Nigam on 16.04.2024. It was found that bio-remediation of the drain is being done. Test report for date 29.01.2024 and 16.02.2024, 27.03.2024 along with joint inspection report are enclosed as Annexure R/1 colly. The Parmia ghat drain is already tapped in to STP complex at Jajmau. Photograph of pumping station for tapping of Permia drain is enclosed as Annexure R/2 colly.

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(ii) The Bari Bhat drain is constructed between Bari Ghat and Rani Ghat. The size of drain is 0.6x0.75m. The remaining 20m of drain will be completed by 15.06.2024. A photo graph of completed 107m length of drain is enclosed as Annexure R/3 colly.

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(iii) The 45 m long Rameshwar Ghat to Parmia drain has already been constructed. A photograph of the drain is enclosed as Annexure R/4.”

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So far as the issue of remediation of the solid waste which is collected

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in the aforesaid Ghats, the Respondent No. 8 in its reply affidavit dated 07.04.2026 has disclosed that door-to-door waste collection is being carried out and the waste collected in the Ghats is being cleared. The action

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which has been taken in this regard is disclosed in the report of the Respondent No. 8 as under:-

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“17. That it is humbly submitted that door-to-door waste collection is being carried out smoothly on a daily basis at the aforesaid ghats by the designated agency. The drains at Barighat and other ghats are being cleaned on a regular basis. In the event of any accumulation of waste or unsanitary conditions at the constructed ghats, the same are promptly addressed by deploying sanitation workers of the Municipal Corporation for necessary cleaning.”

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In view of the above, we are of the opinion that the requisite steps have already been taken by the concerned Respondents to remediate the problem which was raised in the letter petition on the basis of which, the OA was registered.

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The OA is accordingly disposed of with the following directions:-

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a. Respondent No. 8-Principal Secretary, Urban Development Department/Managing Director, Jal Nigam Gramin, State of UP is directed to file the six-monthly progress report in respect of tapping of 14 drains till the work is complete with the Registrar General of the Tribunal through email at [email protected]. If deemed necessary, the matter will be listed for consideration before the bench again.

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b. The concerned Authorities specially the District Magistrate Kanpur, Municipal Commissioner, Kanpur and Vice Chairman, KDA will ensure that no illegal construction comes up in the flood plain in question.

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15. Pending IAs, if any, also accordingly disposed of.

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Prakash Shrivastava, CP

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Dr. Afroz Ahmad, EM

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April 08, 2026 Original Application No. 341/2022 A

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Deepak Awasthi vs

Case brief

What is this about?

What did the court decide?

Deepak Awasthi vs

Case brief

What is this about?

What did the court decide?

What the court decided

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