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2020 Supreme(Online)(NGT) 118

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Adarsh Kumar Goel, CJ, S. P. Wangdi, J, Nagin Nanda, EM
Kaushambi Apartment Residents Welfare Association (KARWA) – Appellant
Versus
District Magistrate Ghaziabad – Respondent
Original Application No. 447/2018



Advocates:
For the Appellants/Petitioners: Mr. V.K. Mittal
For the Respondents: Mr. Vishwajit Singh, Ms. Priyanka Swami, Mr. Pradeep Misra

Environmental compliance is paramount; timely actions must be taken to rectify violations under pollution control statutes.

Headnote:The Tribunal examined the issue of remedial action against the pollution of storm water drains, determining it as a violation under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974, leading to directives for an action plan. The Tribunal noted compliance status from the Ghaziabad Nagar Nigam regarding completed repairs and work pending due to adverse weather and pandemic-related delays. The court framed issues regarding compliance and the adequacy of remedial works while emphasizing timely completion of requisite tasks set forth. The urgent necessity for finalizing repair works to ensure environmental safety was a significant finding leading to a decision on application disposal.

Table of Content
1. pollution of storm water drains (Para 1 , 2)
2. compliance and progress in repair work (Para 3 , 4)
3. disposal of application (Para 5)

ORDER

1. The issue for consideration is the remedial action against polluting of storm water drains at Ghaziabad. Vide order dated 01.08.2018, finding that such discharge is in violation of Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 , the Tribunal directed remedial action within six months. The District Magistrate, Ghaziabad and Municipal Commissioner Ghaziabad were required to prepare an action plan and its execution was to be overseen by the Member Secretary, Uttar Pradesh Pollution Control Board (UPPCB).

2. The matter was last considered on 12.05.2020 in light of the status report dated 07.05.2020 filed by the Nagar Nigam Ghaziabad. The Tribunal directed that the pending work be completed by 31.08.2020 and the drains be properly maintained.

3. In pursuance of above, a compliance affidavit has been filed by the Nagar Nigam Ghaziabad on 31.08.2020 as follows:-

4. That the Ghaziabad Nagar Nigam has been engaged in taking all remedial actions for repair and maintenance of the drains and as on date all the repair work has been completed so far as the drain from Udaigiri Apartment to Panchmani Apartment is concerned (in the earlier Status Report it was clearly informed to this Hon’ble Tribunal that 85% of the work had been completed at that point of time). Similarly, the repair work on the drain running from Sumeru Apartment to Malaygiri Apartment wherein 85% of the work was completed as per the earlier Status Report dated 7.5.2020, has now been completely repaired and is functioning in normal and clean manner.

5. That it is relevant to submit here that the construction of the RCC drain behind the Metro Station Ganesh Hanuman Temple to Wave Mall has also now been completed as the said work order had been given to M/s Shantanu Construction on 21.10.2019. In other words, the drain running from Central Park to Wave Cinema is complete in all respect and is functioning in consonance with the procedure established in law.

6. That it is important to bring to the notice of this Hon’ble Tribunal that so far as the repair of the drain and Dens road from Nanda Tower via Shivalik Tower to Kumudgiri Tower is concerned, the work has now been completed upto 60%. In the earlier Status Report dated 7.5.2020, it was clearly mentioned that as on that date only 20% work was completed. It is pertinent to mention here that so far as the repair work of aforesaid drain is concerned, the Ghaziabad Nagar Nigam most humbly submits that it has almost been completed. It is only the construction of Dens Road which is now in progress and could not be completed due to intermittent rains and availability of less workforce due to Covid-19 pandemic. However, the Ghaziabad Nagar Nigam is not leaving any stone unturned to ensure that the said work which has been given to M/s Shivaji Infra-Project Pvt. Ltd. is completed as soon as possible preferably within 15 days after the Monsoon ends. Therefore, the Ghaziabad Nagar Nigam would most humbly be praying to this Hon’ble Tribunal to grant an extension of about 45 days more for completion of only this part of construction work as the rainy season is really heavy this year and due to Covid-19 pandemic the work force is not as large as it generally used to be.

4. A further compliance report has been filed on 21.09.2020 that the remaining work will be completed within 15 days.

5. In view of the above, let further necessary steps be taken and completed, as proposed.

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