Unauthorized debris dumping near Ganga without permission violates environmental protection orders; authorities must enforce remediation.

ORDER

1. This original application was registered taking cognizance of a complaint made vide letter dated 01.05.2022 by Soban Singh Rana that near Kachdu Devta Temple part of Gangotri Road there is dumping of debris on land measuring about 2000 square meters, just at the distance of about 50 meters from river Ganga, causing environmental pollution by obstructing the river course in future.

2. Tribunal took cognizance of matter on 18.07.2022. In order to collect factual information it constituted a Joint Committee comprising Principal Secretary, Public Works Department, Government of Uttarakhand, State PCB and District Magistrate, Uttarkashi.

3. The Joint Committee submitted report, filed vide email dated 31.10.2024, which confirms the complaint. It is stated that debris has been dumped just at a distance of 63 mtrs from the river which is a threat to smooth flow of river. Detailed observations of Joint Committee constituted by Tribunal, read as under:-

English translation by Tribunal:

“

1. The dumping site is located in downhill near Kachdu Devta Temple, Maharshi Ashram, 15 km from District Uttarkashi Headquarter, 1.5 km from Tehsil Dunda. The Revenue Sub-Inspector informed that the site in question is private measured land, the dumping site is under Tehsil Dunda area, Khasra number-718, total area 0.160 hectares, the private measured land is registered in the revenue records in the name of Shri Roshan Lal Uniyal s/o Shri Kashiram. The debris emitted in the excavation under construction work has been collected and dumped at the site in question.

2. The geographical location of the central part of the dumping site is 30°43’14.68"N 78°21’36.90"E and is approximately 950 meters above the MSL (Mean Sea Level). On the spot measurement of the debris dumping site by the joint team, the length of the area was measured to be 48.0 meters, width 41.0 meters and height 26.0 meters as per the slope. Thus, the vertical height is estimated to be approximately 17 meters. The 63 meter long site situated between the river bed and the dumping area is a part of a flat land. Its general slope is less than 10°. Various buildings of Maharishi Ashram have also been built in the middle of half of the dumping area on the river bank, which will act as a barrier to the flow of debris from the dumping area. The debris dumped at the dumping site has a distance of 63.0 meters from the nearest bank of the river. The debris at the site in question, which mainly consists of 30% small sized boulders and 70% soil mixed with soil generated from erosion, is present. In order to protect the buildings located downstream of the dumping site and safety of the river, wire-brick wall work is under construction. Various buildings of Maharishi Ashram etc. are located to the east of the dumping site and then Bhagirathi river, Gangotri National Highway 34 to the west, barren land to the north and measured fields to the south are located. Boulders were found deposited on the vibrator and upper surface at the site in question, which after measuring were estimated to be 1650 tonnes.

3. No debris/soil of any kind is being released into the river.

4. The above case is related to the dumping of debris/soil along the Gangotri National Highway. The distance of the dumped place from the nearest reserved forest boundary (Dunda compartment no. 1) is about 250 meters, due to which the said dumping area does not fall under the reserved forest. The following conclusions have been collectively received after the field inspection by the members of the committee:

1. The dumping zone in question is located at a distance of