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2021 Supreme(Online)(NGT) 227

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Adarsh Kumar Goel, CJ, Sheo Kumar Singh, J, Nagin Nanda, EM
Vaishali Rana Chandra & Ors. – Appellant
Versus
Union of India & Ors. – Respondent


Advocates:
For the Applicants: Ms. Vaishali Rana Chandra
For the Respondents: Mr. Rahul Khurana

Table of Content
1. remedial action needed for flood control and water harvesting. (Para 1 , 2)
2. approval of comprehensive plan for drainage and recharge. (Para 3)
3. state responsibility to address environmental impacts. (Para 5 , 6)

ORDER

1. The issue for consideration is the remedial action to control flooding and to increase rain water harvesting which measures are said to have been adversely affected on account of concretization of the Badshahpur drain at Gurgaon.

2. The matter was considered on 18.12.2019 in light of report of the State PCB dated 21.10.2019 to the effect that concretization leads to reduced ground water recharge and increased potential for flooding and thus even if concretization is to stay, these factors must be neutralised.The Tribunal observed:

During the hearing, it is prayed that the concretization was done 5 years back. The fact remains that even if the concretization is not to be undone, the abatement measures need to be adopted to ensure that rain water harvesting and ground water recharge are not affected and flooding is avoided.

On these aspects, the State of Haryana needs to take further steps, after consultation with the concerned experts on the subject

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