The National Green Tribunal disposed of an execution application regarding illegal waste dumping on railway land. The court accepted the respondents' compliance affidavit detailing the clearance of encroachments and initiation of waste removal, leading to the disposal of the pending applications.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. 1
Item Nos. 13&14
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Original Application No. 590/2025 (IA No 619/2026) WITH
Execution Application No. 21/2026 In Original Application No. 590/2025
Nitin Anand Applicant
Versus
Ministry of Railways & Ors.
Respondent(s)
Date of hearing: 18.08.2026
CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Nitin Anand, Applicant in person (Through VC)
Respondents: Mr. Ankit Verma, Adv. for the State of UP
ORDER
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4. That in strict and immediate compliance with the specific directions contained in the aforesaid order dated 19.02.2026, Respondent No. 1, 2 has already taken multiple effective and concrete steps for removal of encroachments and prevention of further dumping, as detailed in the subsequent paragraphs of this affidavit.
5. That a joint anti-encroachment operation was successfully carried out on 03.02.2026 in close coordination with the local police administration, Bareilly, and the Railway Protection Force (RPF), wherein 55 illegal encroachments comprising temporary huts, jhuggis, tin sheds and other unauthorized structures spread over approximately 500 meters length (from the level crossing near Shyamganj Yard towards Izzatnagar) were completely removed, resulting in reclamation of approximately 20,000 square meters of valuable railway land, and the operation was conducted peacefully with deployment of 02 JCBs, 02 tractor-trolleys, 01 pickup and more than 30 railway staff along with 22 RPF personnel. A copy of the Joint Note dated 03.02.2026 jointly signed by the officials of Railway, RPF and local police recording the complete details of the aforesaid operation have been annexed as ANNEXURE R-1 in short affidavit filed earlier.
6. That immediately after removal of the said encroachments, the reclaimed railway land was thoroughly barricaded and secured by fixing railway pegs at regular intervals and digging deep trenches with the help of JCB machines so as to effectively prevent any re-encroachment and further unauthorized dumping of waste materials such as debris, soil, cow dung, hay, dairy waste and other solid waste by local residents or outsiders.
7. That a detailed compliance report was prepared and sent on 04.02.2026 to the Chief Environmental Officer, Circle-7, Uttar Pradesh Pollution Control Board, Lucknow, fully narrating the actions taken on 03.02.2026 along with the joint note, photographs and newspaper clippings. A copy of the said compliance report/letter dated 04.02.2026 has been annexed as ANNEXURE R-2 in short affidavit filed earlier.
8. That relevant colour photographs of the entire demolition drive conducted on 03.02.2026 showing JCB machines in operation, removal of structures, barricading work and cleared railway land, along with newspaper clippings from local dailies prominently reporting the successful removal of more than 150 illegal structures in the area, were collectively have been annexed as ANNEXURE R-3 in short affidavit filed earlier.
9. That even prior to the major operation of 03.02.2026, multiple statutory notices were issued to all identified encroachers and repeated joint surveys were conducted with RPF teams to identify, mark and photograph the encroachments, thereby demonstrating the continuous and proactive efforts of Respondent No. 1, 2 to safeguard its land.
10. That it is most respectfully submitted that the cleaning and removal of solid waste material already lying dumped at the site
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is not within the domain, expertise or statutory responsibility of Respondent No. 1 (Ministry of Railways).
11. That under the Solid Waste Management Rules, 2016 notified by the Ministry of Environment, Forest and Climate Change, Government of India, and other applicable municipal laws and regulations, the primary, exclusive and statutory duty and responsibility for collection, transportation, processing, treatment and scientific disposal of all kinds of solid waste, including illegally dumped waste on any public or railway land falling within municipal limits, squarely and exclusively lies with the concerned Municipal Corporation, in this case the Bareilly Nagar Nigam.
17. That in response to the letter dated 24.02.2026, Incharge Officer (Solid Waste Management), Bareilly Nagar Nigam has informed the Respondent No. 1 and 2 vide letter dated 09.03.2026 that disposal of solid waste is being done by the Nagar Nigam on the basis of Pay & Use system at the rate of Rupees 1180/- per Metric Ton. A copy of the letter dated 09.03.2026 issued by Incharge Officer (Solid Waste Management), Bareilly Nagar Nigam is annexed hereto and marked as ANNEXURE R-1.
18. That Respondent No. 1 and 2 vide letter dated 10.03.2026 have given their consent for the payment of requisite charges as informed in the letter dated 09.03.2026 for the disposal of solid waste lying on site. A copy of the letter dated 10.03.2026 is annexed hereto and marked as ANNEXURE R-2.
19. That Health Department, Bareilly Nagar Nigam has inspected the site and found that approximately 418 Metric Ton Solid Waste was lying on the site. Municipal Commissioner, Bareilly Nagar Nigam vide letter dated 22.06.2026 has informed that as per inspection of Health Department, Bareilly Nagar Nigam total cost of disposal of Solid Waste lying at site will be approximately Rupees 4,93,240/- (418 MT @ Rupees 1180/-). A copy of the letter dated 22.06.2026 issued by Municipal Commissioner, Bareilly Nagar Nigam is annexed hereto and marked as ANNEXURE R-3.
20. That there is a contradiction in calculation of solid waste found at the site between claim of UPPCB (Respondent No. 4) and calculation of Bareilly Nagar Nigam. UPPCB has calculated the same approximately 1500-2000 MT whereas Bareilly Nagar Nigam has calculated solid waste lying on site as 418 MT. Hence, Environmental Compensation has been calculated and levied found to be unreasonable and not sustainable and liable to be dismissed.
21. That as per letter dated 22.06.2026 issued by Municipal Commissioner, Bareilly Nagar Nigam an amount of Rupees 4,93,240/- has been paid to the Nagar Nigam, Bareilly vide Memorandum dated 22.07.2026 and after meeting with Municipal Commissioner, Bareilly Nagar Nigam on 24.07.2026 removal and disposal of the solid waste lying on the site has been started from 25.07.2026. Copy of colour photographs and newspaper clippings from local dailies prominently reporting the
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successful removal and disposal of the solid waste is collectively annexed hereto and marked as ANNEXURE R-4.
22. That a request vide letter dated 27.07.2026 The Regional Officer, Uttar Pradesh Pollution Control Board, Bareilly has been requested for the inspection and monitoring of the site. A copy of the letter dated 10.08.2026 issued by the Respondent No. 1 and 2 is annexed hereto and marked as ANNEXURE R-5.
23. That removal and disposal of the solid waste lying on the site is in progress. Copy of colour photographs displaying the successful removal and disposal of the solid waste is collectively annexed hereto and marked as ANNEXURE R-6.”
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Prakash Shrivastava, CP
Dr. Afroz Ahmad, EM
August 18, 2026 Original Application No. 590/2025 (IA No 619/2026) with Execution Application No. 21/2026 In Original Application No. 590/2025 dv
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Nitin Anand
Ministry of Railways & Ors.
Prakash Shrivastava
Dr. Afroz Ahmad
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
