Disposed

Gaurav Agarwal v. State of Uttar Pradesh

NGT23 Feb 2026Original Application No. 45/2025

Case brief

AI extract

What is this about?

A citizen filed an application alleging improper solid waste management and encroachment in Indirapuram, Ghaziabad. The Tribunal inspected locations, found minor non-compliance, and directed the Ghaziabad Municipal Corporation to ensure compliance with SWM Rules, 2016, install intervals dustbins, and monitor waste disposal, while also complying with a prior order.

What did the court decide?

Direction to GMC to place and clean dustbins regularly, ensure immediate action on complaints, comply with SWM Rules 2016 and prior order, and file status reports within two months.

Gaurav Agarwal vs State of Uttar Pradesh — Environment and Pollution | NGT (2026)

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Item No. 20

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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. 45/2025

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Gaurav Agarwal Applicant

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Versus

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State of Uttar Pradesh & Ors. Respondent(s)

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Date of hearing: 23.02.2026

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CORAM:	HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant:	Mr. Gaurav Agarwal, Applicant in Person
Respondents:	Mr. Bhanwar Pal Singh Jadon, Ms. Disha Tiwari, Ms. Gargi Chaturvedi, Ms. Anjali Sharma & Mr. Shivansh Sharma, Advs. for the State of UP & UPPCB
	Ms. Priyanka Swami, Adv. for DM, Ghaziabad (Through VC) Mr. Malak Bhatt, Advs. for Ghaziabad Municipal Corporation (Through VC)
	Mr. Rachit Mittal, Mr. Parish Mishra, Mr. Kanishk Raj, Mr. Adarsh Srivastava and Mr. Abhishek Sinha, Advs for GDA/ R - 5 (Through VC) Mr. Srinivas Vishven, Adv. for CPCB (Through VC)

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ORDER

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In this Original Application (OA), applicant has raised the grievance against improper solid waste management in municipal area of Indirapuram.

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The applicant alleges that Indirapuram area has become a dumping ground for municipal solid waste and the sides of the roads are being encroached upon and waste water regularly flows on the road and into the stormwater drains. The applicant has alleged improper and ineffective implementation of the Solid Waste Management Rules, 2016 (SWM Rules, 2016) specially rule 15 thereof.

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In support of the said allegation, applicant had placed on record the photographs.

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Replies on behalf of the respondents specially the respondent no.2Uttar Pradesh Pollution Control Board (UPPCB) and respondent no.4Ghaziabad Municipal Corporation (GMC) have been filed to show the action which has been taken to remediate the problem.

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Latest affidavit dated 21.02.2026 filed by respondent no.2-UPPCB discloses the status of the 17 specific locations which were inspected by the officials of UPPCB on 12.02.2026 as under:-

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“xxx…………………………………xxx……………………………………………xxx

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7. That the detailed findings of the inspection with respect to each of the 17 identified locations (location references anonymised as Location 1 to Location 17 for clarity) are as under:

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i. Location 1: Outside Bikaner Sweets, Aditya City Centre During the present inspection, neither Municipal Solid Waste (MSW) was found dumped, nor problem of water flowing was observed at identified place.

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ii. Location 2: Outside Bikaner Sweets Aditya City Center During the present inspection, neither Municipal Solid Waste (MSW) was found dumped, nor problem of waste water flowing was observed at identified place.

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iii. Location 3: Outside GDA shops Kala Patthar Road

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During the present inspection, no Municipal Solid Waste (MSW) was found dumped at the identified place. Waste water flowing on the road was not observed.

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iv. Location 4: Outside GDA shops Kala Patthar Road During the present inspection, no garbage was found littered at the identified place. Waste water flowing on the road was not observed.

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V. Location 5: Outside GDA shops Kala Patthar Road During the present inspection, no MSW was found dumped at the identified place.

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vi. Location 6: Vijay Laxmi Pandit Marg During the present inspection, no plastic waste was lying at the identified place.

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vii. Location 7: Vijay Laxmi Pandit Marg During the present inspection, no plastic waste was lying at the identified place.

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viii. Location 8: Subhadra Joshi Marg

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` During the present inspection, Construction and Demolition waste (C&D waste) was found cleared and no C&D waste was found lying at identified place

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ix. Location 9: Subhadra Joshi Marg

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During the present inspection, no MSW was found dumped at the identified place.

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X. Location 10: Outside Rajhans Plaza Shops Kala Patthar Road

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During the present inspection, plastic waste was found still lying at the identified place.

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X. Location 10: Outside Rajhans Plaza Shops Kala Patthar Road During the present inspection, plastic waste was found still lying at the identified place.

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xi. Location 11: Outside Rajhans Plaza Shops Kala Patthar Road During the present inspection, plastic waste was found still lying at the identified place.

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xii. Location 12: Outside Rajhans Plaza Shops Kala Patthar Road During the present inspection, plastic waste was found still lying at the identified place.

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xiii. Location 13: Outside GDA shops Kala Patthar Road During the present inspection, no garbage was found lying at the identified place. Waste water flowing on the road was not observed.

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xiv. Location 14: On Subhadra Joshi Marg

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During the present inspection, a less quantity of MSW was found in comparison to earlier inspection at the identified place. During the present inspection, stagnation of waste water was found still observed.

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XV. Location 15: Kala Patthar Road, Opposite GDA shops During the present inspection, no MSW was found dumped at the identified place.

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xvi. Location 16: On divider at Vijay Laxmi Pandit Marg

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During the present inspection, no MSW as well as plastic waste was found dumped at the identified place.

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xvii. Location 17: Divider at Vijay Laxmi Pandit Marg

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During the present inspection, a small quantity of MSW was found dumped at the identified place.

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III. OBSERVATIONS

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8. All locations specified in the Original Application have been inspected and photographs of these locations showing the present status were taken. It was observed that as per the photographs shown of location numbers: 10, 11 12,

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14 & 17, a small quantities of MSW/Plastic waste was found lying at identified places.

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9. Further, stagnation of waste water was also observed at location no. 14. It is pertinent to mention here that as the enforcement of MSW Rules 2016, and proper scientific collection and disposal of MSW is the responsibility of the concerned local body. Hence Nagar Nigam, Ghaziabad should take appropriate action in this regard, as the whole area is in jurisdiction of Nagar Nigam, Ghaziabad.

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10. In this regard the Regional Office, Uttar Pradesh Pollution Control Board, Ghaziabad, vide letter dated 13.02.2026 has addressed the Nagar Nigam, Ghaziabad to take necessary action for proper disposal of MSW/Sewage as identified several sites. A copy of the said UPPCB letter dated 13.02.2026 is being annexed herewith as ANNEXURE-2”

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Learned Counsel appearing for respondent no.4-GMC submits that adequate action has been taken for clearing all the sites including the five sites which are mentioned by the UPPCB, for clearing the solid waste and for ensuring that no solid waste lies littered in any area.

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The applicant at this stage has submitted that regular monitoring is required and no dustbin has been placed at the regular interval in the GMC and the order of the Tribunal passed in OA No. 613/2022 dated 26.07.2024 in the matter of Mr. Ram Milan Sahani Vs. State of Uttar Pradesh & Ors. is also required to be complied with.

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Learned Counsel for respondent no.4-GMC has not disputed these submissions and has submitted that the order of the Tribunal in the matter of Mr. Ram Milan Sahani is being complied with and will be duly complied with by GMC. He has further submitted that dustbins have been placed but no material from the record has been pointed out to show that steps which have been taken by the GMC to place dustbins at the regular intervals in the GMC area to prevent littering of the solid waste. That a part, regular monitoring of solid waste in different areas is required and as and when a complaint is made by the applicant or any resident of that area immediate action for clearing the solid waste found littered in that area is required to ensure its cleaning without any delay.

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Hence, we dispose of the OA with above observations/directions and

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with further direction to the GMC and other respondents to meticulously ensure the compliance of MSW Rules, 2016 in the area and take action in terms of the order of the Tribunal in them matter of Mr. Ram Milan Sahani and also to place the dustbins at the regular interval in the GMC where solid waste is generated to prevent its littering and clean those dustbins at regular intervals.

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Respondent no.4-GMC is directed to file the status and action taken report within two months before the Registrar General of the Tribunal via email at [email protected], preferably in the form of a searchable PDF/OCR-supported PDF and not in the form of an Image PDF. If it is found necessary, the matter will be listed for consideration before the bench again.

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The OA is accordingly disposed of.

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Prakash Shrivastava, CP

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Dr. Afroz Ahmad, EM

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February 23, 2026 Original Application No. 45/2025 JG.

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Gaurav Agarwal v. State of Uttar Pradesh

Case brief

What is this about?

What did the court decide?

Gaurav Agarwal v. State of Uttar Pradesh

Case brief

What is this about?

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