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2021 Supreme(Online)(NGT) 326
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Mr. Justice Adarsh Kumar Goel, CJ, Mr. Justice Sheo Kumar Singh, J, Dr. Nagin Nanda, ACJ
Veterans Forum for Transparency in Public Life – Appellant
Versus
Chapra Nagar Nigam, Chapra & Ors. – Respondent
Execution Application No. 46/2018 IN O. A. No. 234/2015
For the Appellants/Petitioners: Dr. Bishwanath Prasad Singh
For the Respondents: Mr. Keshav Mohar
Court emphasizes the urgent need for enforcing environmental laws, addressing illegal encroachments, and ensuring public health protection through infrastructure restoration.
Headnote:(A) Environmental Protection Act - Sections related to mitigation of environmental hazards - Restoration of Khanua Nala, encroachment issues, and public interest - The construction agency's actions led to violation of environmental norms due to encroachments, substantially impacting public health and the environment. (Compare inputs and compliance reports and emphasize the necessity for effective, enforced restoration of infrastructural integrity in compliance with prevailing environmental laws.) (Paras 1, 5, 7)
(B) Regulations regarding encroachment and compliance - Court directs continued monitoring by state authorities to uphold the rule of law concerning environmental protection. Emphasizing a holistic approach towards environmental compliance is vital in maintaining public health standards. (Paras 7, 8)
Facts of the case:
The application regards the restoration of Khanua Nala, detailing reported encroachments making rehabilitation difficult. Despite sanctioned funds, work progress is severely impeded by local hindrances and COVID-19 impact. Evidence shows encroachments have led to drastic reductions in drain width. (Paras 1-4)
Findings of Court:
The court directs action to ensure the restoration is not hindered by encroachment and mandates monitoring by the Secretary, Urban Development, involving local authorities to act decisively regarding violations affecting the public interest. (Paras 7, 8)
Issues: The principal issues involve the respect for environmental regulations against unlawful encroachments and the consequent legal and public health implications.
Ratio Decidendi: The tribunal prioritizes robust monitoring for compliance with restoration efforts to ensure the integrity of the environmental management process. The necessity for clear action against encroachment in maintaining proper drainage and flow was underscored. (Paras 5, 8)
Result: The application is disposed of with directions for compliance and proactive intervention.
| Table of Content |
|---|
| 1. restoration of drainage system. (Para 1 , 2) |
| 2. monitoring environmental compliance. (Para 3 , 4 , 7 , 8) |
| 3. need for action on illegal encroachments. (Para 5 , 6) |
ORDER
1. The issue for consideration is restoration of Khanua Nala (drain) at Chapra, District Saran, State of Bihar. The matter was considered on 03.09.2019 in light of report dated 17.08.2019 received from the Secretary, Urban Development. It was observed:
“3. A report filed on 17.08.2019 has been taken up for consideration which shows that funds have been sanctioned and steps initiated. The action taken report furnished by the Municipal Commissioner provides for cleaning scheme for Khanua Nala, Waste Management of Khanua Nala, encroachment and development work of Khanua Nala.
4. Since the work has begun, the same needs to be continuously monitored by the Secretary Urban Development and a further report be furnished as on 31.03.2020.”
2. Thereafter, the matter was considered on 18.08.2020 in the light of further report dated 15.06.2020 seeking further time for action. The relevant extract from the said order is as follows:
“2. A further report has been received on 15.06.2020 giving the factual status and mentioning further steps taken. The report shows that the work is not yet complete.
3. In view of above, let the pending work be completed and further report of status as on 31.12.2020 be furnished by the Secretary, Urban Development before the next date by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.”
3. Accordingly, further compliance report has been filed by the Secretary, Urban Development, Bihar on 02.02.2021 as follows:-
“4. That the factual status in this regard, as informed by the M.D, BUIDCo vide his Letter No.8579 dated 30/12/2020 has been made available to the Project Officer-cum-Deputy Director, UDHD, Bihar, Patna, is being submitted, as here under :-
A. Construction of RCC Khanua Nala-cum-Road is being executed under Agreement No. BUIDCo/Yo-598-34, dated 22.08.2019 by the agency Jai Mata Di Road Construction, Patna. The stipulated date of completion of the scheme is 18 months i.e, up to 21.02.2021.
B. The total length of Khanua Nala is approximately 3.2 km which constitutes of two stretches, stretch A having length of approx.1450 meter and stretch B of approximately 1750 meter.
C. Khanua Nala A a. The stretch of 1450 meter starts from Sadha Dhala and ends at Tinkonia via Mouna Chouk and Bhaggi Sah lane.
b. In this stretch pucca masonry/concrete drain of 3.0 meter to 4.0 meter width exists and rehabilitation of drain by doing thorough cleaning and repair work with plaster and punning are aimed at.
c. In this stretch almost 288 Nos of shops have been constructed by the municipality over the nala which are not allowing the machines to work there and great difficulties are being faced in rehabilitation work. Progress is being made by deploying manual means.
d. In this stretch cleaning and rehabilitation work have been completed in approximately 200 meters length at Sadha Dhala. But due to local hindrance and encroachment the work could not be proceeded.
D. Khanua Nala B a. The stretch B of 1750 meter starts from Sluice Gate at Roopganj and ends at Jagdam College via Tinkonia, Purani Gurhatti, Court Campus, B. Seminary, Shivnandan Path.
b. In this alignment RCC box type covered drain of variable cross section of width 3.0 meter to 6.0 meter are to be constructed.
c. In this stretch 300.0 meter drain with the top slab has been completed at B. Seminary Campus. At Sluice Gate location Raft and both wall upto 2.4 meter height has been constructed in about 30.0 meter length. At Kumar Ice Parlour/Dr. Shanti Rai’s Place in approx 50.0 meter length Raft construction is under progress.
E. Difficulties in Progress :
a. Encroachment over the Nala : The Khanua Nala passes through heart of the Chapra Town and encroachment over the Nala persists at many place which has not been removed after sever
