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2024 Supreme(Online)(NGT) 1900
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Paryavaran Mitra – Appellant
Versus
State of U.P. – Respondent
Original Application No. 877/2022
For the Appellants/Petitioners: Mr. Gaurav Sharma
For the Respondents: Mr. Bhanwar Pal Singh Jadon, Mr. Harsh Vardhan Singh Rajawat, Mr. Devesh Pratap Singh, Mr. Pradeep Misra, Mr. Vibhav Mishra, Ms. Priyanka Swami
Local bodies liable for environmental compensation at one paisa per litre per day for untreated sewage discharge violating Section 24 Water Act; funds for water body restoration; criminal proceedings and STP mandate enforced.
Headnote:(A) Water (Prevention and Control of Pollution) Act, 1974 - Section 24 - National Green Tribunal Act, 2010 - Section 15 - Environmental compensation - Prohibition on discharge of polluting matter into stream, well, sewer or land without treatment - Violation by local body discharging untreated sewage (1.75 MLD) into ponds/drains - Compensation computed at one paisa per litre per day from 01.07.2020 to 31.07.2024 amounting to Rs. 2,61,10,000/- to be deposited with Pollution Control Board for pond restoration; ongoing recovery every two months till functional STP established; criminal proceedings directed. (Paras 22, 28-32)
(B) Environmental restoration - Encroachment removal - Directions for expediting legal proceedings for eviction of encroachers from water bodies within four months; compliance report required. (Paras 20, 33)
(C) Sewage management - Absence of STP - Mandatory assessment of sewage generation, establishment of decentralized treatment facilities suited to local conditions, utilization of treated water for plantation/irrigation; reference to ring-fenced funds for waste management. (Paras 9, 16, 19, 31)
Facts of the case:
Application by environmental trust alleging illegal encroachments on 14 water bodies (total 11.1350 hectares) with dumping of toxic waste causing ecological damage; prior complaints ignored. Joint Committee confirmed partial encroachments, dry/silted ponds, no STP, untreated sewage discharge into ponds/drains; local body cited fund constraints despite partial cleaning efforts.
Findings of Court:
Local body in continuous violation of discharge prohibition; environmental compensation of Rs. 2,61,10,000/- imposed for past violations, utilizable for pond rejuvenation; ongoing compensation till STP operational; criminal action mandated; encroachment removal within four months.
Issues: Violation of discharge prohibitions by untreated sewage into water bodies; encroachment on ponds; adequacy of remedial actions including STP establishment and fund utilization.
Ratio Decidendi: Compensation must correlate with volume of polluting matter (one paisa/litre/day); local bodies liable for preventive, punitive, prohibitive, remedial actions under environmental laws; Pollution Control Board to enforce proactively; ring-fenced funds available for restoration.
Result: Original Application disposed of with directions for compensation payment, STP installation, encroachment removal, and compliance reporting.
| Table of Content |
|---|
| 1. illegal encroachments and pollution of ponds reported. (Para 1 , 2 , 3) |
| 2. joint committee verifies multiple encroached water bodies. (Para 4 , 5 , 6 , 7 , 8) |
| 3. authorities report limited funds, ongoing restoration efforts. (Para 9 , 11 , 12 , 13 , 14 , 15) |
| 4. court notes inadequate sewage management and inaction. (Para 16 , 17 , 18 , 19 , 20) |
| 5. untreated sewage discharge violates water act section 24. (Para 21 , 22 , 23 , 24 , 25) |
| 6. environmental compensation imposed based on sewage volume. (Para 26 , 27 , 28 , 29) |
| 7. compensation for pond restoration; criminal proceedings ordered. (Para 30 , 31 , 32 , 33 , 34 , 35) |
ORDER
1. This original Application (hereinafter referred to as ‘O.A’) has been instituted by M/s Paryavaran Mitra, a registered trust under the Indian Trust Act, 1982 through its Secretary, Sangeeta Singh, Office at 311- A, La Gracia Mall, Crossing Republic, Ghaziabad, U.P.
2. Applicant complained that there are number of ponds/talab/johad in Khasra No. 10, 33, 310, 343, 355, 387 घ, 609, 691, 980, 1046, 1047, 1103, 1109 and 1128 with a total area of 11.1350 hectares, situated at Kasba Faridnagar, Police Station Bhojpur, Tehsil Modi Nagar, District Ghaziabad, Uttar Pradesh. The ponds have been illegally encroached upon by raising permanent brick and concrete masonry and structures in the form of houses, animal sheds & other structures for residential & commercial purposes and this has resulted in reducing area of ponds/talabs/johads considerably. Further, toxic waste i.e. garbage, plastic, cardboard, thermocol, human waste, animal dung, acidic water, etc. is being dumped in the said ponds disturbing flora & fauna and ecology of pond. Presence of above toxic solid waste is resulting in causing pollution to air and water affecting people and animals in the area. Several applications have been submitted by applicant to various authorities including District Magistrate Ghaziabad; Revenue Department; Police Department Nagar Panchayat Parishad; and State Government but no action has been taken for removal of illegal encroachment of ponds, etc.
3. Applicant has also placed on record Annexure C & D which are reports of Lekhpal, Tehsil Modi Nagar to show that in the aforesaid Khasra numbers, ponds/johads are existing where illegal encroachments have been made. However instead of taking any action by removal of the said encroachments, complaints have been closed and no further action has been taken. Applicants has prayed this Tribunal to issue direction to the respondents to take immediate action against illegal encroachment on Ponds by removing the same, restore the Ponds, etc, to original condition, demarcate the area of Ponds, and take stepss for protection thereof.
4. Tribunal took cognizance of the matter on 16.12.2022 and after being satisfied prima facie that allegations made in the application give rise to a substantial question relating to environment arising out of the implementation of the enactments specified in Schedule I to National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) but before proceeding further, it found it appropriate to appoint a Joint Committee comprising representative of Commissioner, Municipal Corporation, Ghaziabad; State Wetland Authority; State Pollution Control Board (hereinafter referred to as ‘UPPCB’); and District Magistrate, Ghaziabad to submit a factual report within one month.
5. Tribunal also observed that in case Joint Committee finds any violation of environmental norms, copy of the report shall be forwarded to the concerned Proponents to enable them to comply with the recommendations made in the side report or to file objections, if any, before Tribunal. The Statutory Authorities were directed to take appropriate remedial action in accordance with law.
6. Pursuant to order dated 16.12.2022, Joint Committee submitted its report dated 18.03.2023 stating that the area in question was inspected by the members of Joint Committee on 21.02.2023 in the p
