The Tribunal emphasized the need for balancing individual interests with public welfare and the importance of adherence to environmental regulations in construction projects.

JUDGMENT

PRESENT: Hon’ble Dr. Justice Jawad Rahim (Judicial Member) Hon’ble Mr.Ranjan Chatterjee (Expert Member) Reserved on: 30 th March 2017 Pronounced on: 26 th May 2017

1. Whether the judgment is allowed to be published on the net?

2. Whether the judgment is allowed to be published in the NGT Reporter?

Mr. Ranjan Chatterjee, (Expert Member)

1. The present O.A. has been filed by Shri Ashutosh Kumar Sharma, the applicant against respondents. No. 6 & 7, i.e., the Municipal Corporation, Meerut and the Executive Officer, Nagar Nigam (Municipal Corporation) Meerut in the matter of laying storm water/sewer pipeline in Ward No. 6 for village Shobhapur, Rohata Road, Police Station Kankar Kheda, Meerut, U.P.

2. It is the case of the applicant that the said drain is just above the drinking water pipeline of the applicant which possibly will result in contamination of the drinking water supply in the entire village consisting of about 20,000 residents and will thereby prove to be hazardous to himself and his family members. The applicant further alleges that this sewage line/open nala is being laid by the respondents without adhering to the provisions for discharge or treatment of sewage in violation of Sections 24 , 25 and 26 of the Water (Prevention and Control of Pollution) Act, 1974 .

3. The main prayer of the applicant is to stop the work of digging and construction for laying the nala, which would incidentally flow above his drinking water pipeline and further that this construction work is being carried out by the Nagar Nigam without permission from the UPPCB.

4. Initially, there were ten respondents in the present O.A., out of which two respondents, viz., the U.P. Pollution Control Board (R/2) and the Meerut Development Authority (R/9), did not file any reply. Thereafter, only respondents No. 6 Nagar Nigam, Meerut, and the newly added respondent No. 11, i.e. Mr. Lalit Parashar, Secretary, Shobhapur Gram Panchayat Uthan Samiti, filed their replies. Other respondents did not reply.

5. The respondents No. 6 stated that this is a typical case of the applicants using the Tribunal for personal cause by levelling baseless allegations, concealing certain facts and resorting to forum shopping and also falling foul of the Limitation Clause 14(3) of the NGT Act, 2010, while stoppage of further laying of the nala of village Shobhapur would put the residents to the risk of diseases caused by water logging.

6. The Learned Civil Judge, Senior Division, vide his order dated 20 th March, 2015, in the Civil Suit No. 246/2015 “ Naresh Kumar Vs. Anand Sharma and Ors ”, injuncted the construction of nala on the ground of “decorative loss and loss in value of applicant’s house” due to construction of open nala.

7. The Nagar Nigam had taken up construction of open nala with RCC lining, 900 mtrs. long for clearance of ‘Pani Ki Nikasi’ which was being done in public interest which the applicant alleges, is in the alignment of his water pipeline.

8. The respondents have stated that out of the 900 mtrs. long nala, 411 mtrs. have been already constructed upto the applicant’s house and Anand hospital. Further construction has been stopped by the injunction of the Ld. Civil Judge dated 20.03.3015.

9. The applicant has an ‘illegal’ submersible pump to draw ground water for personal consumption only and is placed right outside the plot of the applicant in the 14.8 meters wide government land. Further construction of the nala has been stopped outside the residence of the applicant because it might impact the submersible pump. The respondent No.6 and 7, Meerut Nagar Nigam stated that they have suggested to the applicant to remove the ille