SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(NGT) 775

Item No.13 Court No. 1 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI MA No. 28/2024 In Original Application No. 905/2022 Avinash Kumar Goel Applicant Versus State of Haryana Respondent Date of hearing: 19.02.2024 CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

ORDER

1. This MA has been registered on the basis of the report submitted on 11.09.2023 in compliance of the order of the Tribunal dated 21.02.2023 passed in O.A. No. 905/2022. In that OA, one of the resident of Park Grandeura, Sector-82, Faridabad had raised the grievance that in the Society, the Sewage Treatment Plant was not properly managed and it was not functioning thereby causing back flow of sewage water into flats through the drains for last several months.

2. The Tribunal by order dated 21.02.2023 had constituted a Joint Committee comprising of State PCB and District Magistrate, Faridabad with the direction to the Committee to look into the complaint, visit the site, collect relevant information and if violation is found, take appropriate remedial action in accordance with law. Further direction to the Committee was to submit the report before the Registrar General of the Tribunal who was required to place the report before the Bench, if found necessary.

3. The said report is now under consideration in the form of present MA. The report reveals that most of the compliance has been done. It has been disclosed in the report as under:-

2.0 Factual Report i. The Group Housing Society was inspected by the joint committee comprising of SDM, Faridabad (Representative of District Magistrate, Faridabad) & the then Regional Officer, HSPCB Faridabad (Representative of HSPCB), along with representative of Haryana Sehari Vikas Pradhikaran and Town & Country Planning Department on 11.04.2023 in compliance of Hon’ble NGT orders. During inspection the complainant, Park Grandeura Resident Welfare Association & Builder/Developer were contacted and they were heard. Considering the scenario at site, the joint committee asked them to submit the written statements and subsequently meeting was convened in the office of Sub Divisional Magistrate (SDM), Faridabad on 08.05.2023, wherein the case was again discussed in detail with all the stakeholders as mentioned above and it was informed to the committee that this society is maintained by Park Grandeura, Resident Welfare Association (PGRWA) and builder jointly i.e. the monthly maintenance charges paid by residents are being collected by PGRWA since 15.12.2014 and maintenance is being managed by Park Grandeura, Residential Welfare Association and operation of STP is maintained by builder M/s Countrywide Promoters Pvt. Ltd. (BPTP).

ii. Further, the information regarding total no. of towers and no. of towers Occupation Certificate accorded etc. have been provided by DT&CP departments vide memo no. 1369 dated 24.04.2023 (Copy enclosed as Annexure-I) and HSVP division no. 2, Faridabad vide memo no 1703 dated 18.04.2023 submitted the status of sewer connection accorded to the developer (Copy enclosed as Annexure-II).

iii. The unit was again inspected on 01.06.2023 by officers of HSPCB, Haryana Shehri Vikas Pradhikaran and Town & Country Planning Department to verify the facts submitted by the Stakeholders and Compliances. The complainant informed that he is out of station due to health emergency in his family, so could not join the team during inspection. It was observed that the unit has provided the collection tank followed by STP (with FAB technology having tertiary treatment i.e. UV treatment) for the treatment of the domestic effluent generated from the society. During inspection sample from outlet of STP were also collected and as per Analysis Report no. 272 dated 08.06.2023 parameters of outlet of STP were within the limits of prescribed standards by HSPCB (Copy of AR enclosed as Annexure-III).

iv. The complainant informed about the backflow of sewer water into the bathroom of ground floor in his flat. It seems that the reason of back flow of sewage water into ground floor flat may possibly due blockage of sewer line/reduction in the capacity of sewer line or discharge during peak hours.

v. Park Grandeura Residential Welfare Association (PGRWA) has cleaned the sewer line by de-silting work of sewe

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top