ORDER

1. Grievance in this application is against discharge of sewage, solid waste, bio-medical and other waste into the pond in village Atta Dallu Patti Chindauri, District Meerut in the periphery of the Upper Ganga Canal. According to the applicant, there was proposal for digging up of drain for proper disposal of sewer but the same has not been given effect. Ground water of village is getting contaminated, resulting in overdose of organic and inorganic pollutants into the ground water upto the depth of 200 meters. There is foul odour in the village and disease like cholera, tuberculosis, jaundice and diarrhea are being spread.

2. Vide order dated 10.02.2022, the Tribunal sought a factual and action taken report from District Magistrate, Meerut and State PCB. The joint Committee has filed its report dated 13.05.2022 acknowledging discharge of pollutants in the pond and also encroachments. Remedial actions is said to have been taken to prevent over flow of waste water in the pond and also by way of de-silting the pond.

3. From the above, it is clear that there is need for further action. Quality of the water has not been verified to ascertain steps required to maintain water quality by preventing discharge of untreated waste and using waste treatment processes. Apart from restoring water quality, there is need to remove encroachment, including bunding.

4. Environmental significance of water bodies for aesthetics, water recharge, availability of water for cattle as well as micro climate and other purposes is well acknowledged. Considering this, in the light of earlier judgments of Hon’ble Supreme Court, this Tribunal has issued directions for taking maintenance of pond seriously. Reference may be made to order dated 18.11.2020 in O.A. 325/2015, Lt. Col. Sarvadaman Singh Oberoi v. UOI & Ors., as follows:-

“1to15…xxx……………………….xxx……………………………….xxx

16. We find that the steps taken so far can hardly be held to be adequate. As already noted, protection of water bodies serves great public purpose and is essential for protection of the environment. It helps not only aesthetics but also water availability, aquatic life, micro climate, recharge of ground water and maintaining e-flow of the rivers. Under the Public Trust Doctrine, the State has to act as trustee of the water bodies to protect them for the public use and enjoyment for current and future generations. We may note the observations of the Hon’ble Supreme Court on the subject which are as follows:

i. State of T.N. v. Hind Stone, (1981) 2 SCC 205, at page

212:

“6. Rivers, Forests, Minerals and such other resources constitute a nation’s natural wealth. These resources are not to be frittered away and exhausted by any one generation. Every generation owes a duty to all succeeding generations to develop and conserve the natural resources of the nation in the best possible way. It is in the interest of mankind. It is in the interest of the nation.”

ii. Hinch Lal Tiwari v. Kamala Devi, (2001) 6 SCC 496, at page 500:

“13. It is important to notice that the material resources of the community like forests, tanks, ponds, hillock, mountain etc. are nature’s bounty. They maintain delicate ecological balance. They need to be protected for a proper and healthy environment which enables people to enjoy a quality life which is the essence of the guaranteed right under Article 21 of the Constitution.”

iii. T.N. Godavarman Thirumulpad v. Union of India, (2002)

10 SCC 606, at page 628:

“… … …

33. … As was observed by this Court in M.C. Mehta v. Kamal Nath our legal system based on English common law includes the public trust doctrine as part of its jurisprudence. The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. The public at large is the beneficiary of the seashore, running waters, air, forests and ecologically fragile lands. The State as a trustee is under a legal duty to protect the natural resources. These resources meant for public use cannot be con