Rajiv Sharma, J.

The present petition has been filed by the petitioner society pro bono publico. The Society i.e. ‘Shri Sai Nath Seva Mandal’ is registered under the provisions of the Societies Registration Act, 1860. It is involved in espousing social causes.

2. Petitioner has made a startling revelation in the petition that the municipal waste generated in Kashipur city is being dumped directly in Dhela river near the Sai Temple situated on the Moradabad Road in Kashipur town. It also emanates foul gases which are detrimental to the health of the people residing in the vicinity of the river. The society has made several representations to the respondent no.5 i.e. Nagar Palika Parishad, Kashipur. However, respondent no.5 is remiss in discharge of its statutory duties.

3. According to the petitioner, the respondents have violated the various provisions of the Environmental and Municipal Laws. The State Government has also, as per the averments made in the petition, sanctioned a sum of Rs.35 lakhs to the respondent no.5 under the Thirteenth Five Year Plan but the same has not been utilized by the respondent no.5. Petitioner has sought a direction to the respondent no.5 to stop dumping of municipal waste in Dhela River and also to remove the same.

4. This Court took cognizance of the matter and directed the respondent no.5 to take all remedial measures. The Court also arrayed the Secretary, Department of Irrigation, Government of Uttarakhand, Dehradun as well as the Executive Engineer, Department of Irrigation, Kashipur Division, District U.S. Nagar, as respondent nos.9 and 10 respectively. Since the municipal waste was dumped near the bridge and also directly into the river, the National Highways Authority of India, through its Project Director, was added as respondent no.11.

5. Respondent nos.9 and 10, in their affidavits, have stated that the steps were being taken to remove the garbage. It is stated that the stone pitching work was undertaken including construction of spurs. A sum of Rs.16.04 lakh was spent, however, the petitioner has brought to the notice of this Court that the pitching work washed away within a period of one year. This Court took a serious view of the matter and directed the respondent nos.9 and 10 to do the needful. Respondent nos.9 and 10 have undertaken to restore the work and not to make any payment for the restoration work to the contractor.

6. Dumping of municipal waste near the bridge has also resulted in weakness of bridge. Respondent no.5, in the affidavit, has stated that further dumping of municipal waste was stopped in the river and a new site was chosen for dumping. In the month of October, 2013, the Department of Irrigation had prepared the project for flood protection and anti-erosion work along both banks of Dhela river and Phika river (Tributary of Ram Ganga River) in Ramnagar, Kashipur and Jaspur Blocks of Districts Nainital and U.S. Nagar. It was sent to Ganga Flood Control Commission, Ministry of Water Resources, Government of India. The Ganga Flood Control Commission on 18.9.2012 raised some objections in the project which was removed by the Irrigation Department on 10.12.2013 and 4.1.2014.

7. Respondent no.5 has filed its detailed affidavit stating therein that the proposal for Solid Waste Management was sent to the State Government for its approval and allotment of land. The Nagar Palika had also sent a proposal to respondent no.2 for allotment of an alternative land out of the ceiling limits of Escort Farms at Kashipur. The Palika had also submitted a proposal for modernization of the Solid Waste Treatment Plant and allowed grant of money in order to undertake the solid waste management effectively. However, the same is pending with respondent no.2.

8. Now, as far as the spending the amount of Rs.35 lakh by the Palika is concerned, a very vague and sketchy reply has been fi