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2020 Supreme(Online)(NGT) 90

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Adarsh Kumar Goel, CJ, Sheo Kumar Singh, J, Nagin Nanda, ACJ
Narendra Singh Chandel – Appellant
Versus
New Okhla Industrial Development Authority – Respondent
Original Application No. 54/2020



Advocates:
For the Appellant:
For the Respondents: Mr. Ravindra Kumar, Daleep Dhyani

Timely compliance with environmental management is essential to prevent personal liability for authorities.

Headnote:(A) Water (Prevention and Control of Pollution) Act, 1974 - The case concerns the failure of NOIDA to manage sewage and drainage effectively, affecting the environment and public health - The ongoing complaints and evidence of untreated sewage impacting green belts necessitate immediate remedial measures. (Paras 1, 2, 4, 5)

(B) Environmental Compliance - The tribunal mandated the NOIDA Authority to take prompt action, threatening personal accountability for failure to comply with environmental norms. (Paras 4, 5)

Facts of the case:
Allegations were made against the NOIDA for inadequate sewage infrastructure leading to environmental and health concerns. The applicant presented complaints and photographic evidence of the situation.

Findings of Court:
The tribunal observed substantial delays in addressing drainage and sewage management issues and mandated swift action.

Issues: The case addressed limitations in the sewage system and public health implications due to ineffective management.

Ratio Decidendi: The tribunal emphasized the urgency of compliance with environmental regulations, asserting that continued negligence might result in personal liability for officials.

Result: The application was disposed of, with directives for improved sewage management.

Table of Content
1. concerns raised over sewage infrastructure inadequacies. (Para 1 , 2)
2. noida's failure in sewage management affects public health. (Para 3)
3. court observed noida's slow remedial actions and imposed accountability. (Para 4 , 5)

ORDER

1. A factual and action taken report was sought from the New Okhla Industrial Development Authority (‘NOIDA’) and UPPCB with reference to the allegation that NOIDA has not provided proper sewage line and interrupted drainage line connecting the sewage and drain outlet respectively. In absence thereof, the sewage is being discharged into the green belts which has turned into sewage ponds affecting the environment including the trees and the citizens and generating diseases. The applicant has annexed photographs demonstrating the menace in the area and copies of several complaints have been filed.

2. The matter was last considered on 14.09.2020 in the light of report of the State PCB dated 29.07.2020 as follows:

5. That the treated sewage/domestic effluent from the said group housing society is being discharged into sewer line maintained by the Respondent No. 1. The sewer line network in the area is not fully operational yet, as the sewer line is not connected up to the terminal stage. The development work is going on and Respondent No.1 is in process of completing the sewer line network.

After approximate one km of distance from the discharge point of the said society in to the sewer line, some part of sewer line is not constructed up to the end disposal, hence the sewage is pumped through diesel mobile pump and dropped further in other sewer line across the road (Photograph enclosed as Annexure-3). The Diesel mobile pump sometimes fails to operate due to some mechanical problems and as result the sewer line overflows and sewage effluent spreads in road side area. Both the sewer lines are yet to be inter- connected. At a distance of two km (Approximately) from the residential society, an intermittent pumping station (IPS) is being setup for pumping the sewage waste through pipe line to the STP situated and working in Sector-168, Noida for treatment and end disposal of the waste water (Photograph enclosed as Annexure-4).

6. The park is situated in Sector-143, Noida approximate 500 meters of distance from Gulshan lkebana, GH-03A, Sector-143, Noida in the direction of the flow of the sewage in the sewer line and the sewer line end around 500 meter from the park, the sewer line is passing along the park. The strata level of the park is approximately 02 to 03 feet below the ground level and road side drain level. In the past it seems that the sewer effluent entered into the park due to which the approximately 10 trees dried but at present no discharge of sewer effluent into the park is found (Photograph enclosed as Annexure-5).

7. That at the time of inspection, a sample of effluent was collected from road side drain along with the boundary of the park. The sample was analyzed in the laboratory of Respondent No.3 vide the Analysis Report dated 06.07.2020 (The Analysis Report dated 06.07.2020 is enclosed as Annexure-6). The road side drain from M/s Gulshan Ikebana, GH-03A, Sector-143, Noida is constructed only up to 500 mt. in length. After that the road side drain is not constructed due to which the domestic effluent and overflow of sewer line spreads in the service road in- front of M/s Gulshan Ikebana, GH-03A, Sector-143, Noida (Photograph enclosed as Annexure-7). The construction of road side drain currently undergoing (Photograph enclosed as Annexure-8).

8. The Respondent No.1 vide its letter no- Noida/ Project Engineer (Public Health-II)/2020/473 dated 07.07.2020 and letter no- Noida/Senior Manager (Water-I11)/2020/299 dated 06.07.2020, (Copy of the Letters dated 06.07.2020 & 07.07.2020 enclosed as Annexure-9(Colly.)) informed the Respondent No.3 that the pending construction work of sewer line will be completed by 30-08-2020.

9. The Senior Manager (Work Circle-8), Noida vide his letter

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