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2024 Supreme(Online)(NGT) 2695
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
NGT imposes EC on local body for untreated sewage discharge violating Water Act S.24, based on volume at 1 paisa/litre/day till STP operational.
Headnote:(A) National Green Tribunal Act, 2010 - S.15 - Water (Prevention and Control of Pollution) Act, 1974 - S.24 - Municipal Solid Waste (Management and Handling) Rules, 2016 - Indian Trust Act, 1982 - Illegal encroachments on ponds, dumping of toxic waste, untreated sewage discharge into ponds/drains - Violation of S.24 Water Act by discharging polluting matter into streams/land without treatment - NGT imposed Environmental Compensation on Nagar Panchayat at 1 paisa per litre per day (Rs. 2,61,10,000/- from 01.07.2020 to 31.07.2024) for 1.75 MLD sewage, recoverable by UPPCB for pond restoration - Ongoing compensation till STP operational - Criminal prosecution directed - Expedite encroachment removal within 4 months. (Paras 22-34)
(B) Environmental Compliance - Local bodies must assess sewage generation, establish decentralized STP, utilize ring-fenced funds from O.A.606/2018 - Judicial notice of pan-India waste management monitoring - Incoherent authorities lead to environmental damage - Funds not short, DPRs under preparation for decentralized systems. (Paras 11-16)
Facts of the case:
Applicant trust complained of encroachments on 14 ponds (11.1350 ha) in Ghaziabad by structures/garbage, no action by authorities. Joint Committee confirmed ponds, some encroached/dry/filled; Nagar Panchayat cited fund constraints; no STP, sewage discharged untreated.
Findings of Court:
One pond encroached (eviction notices issued, complete in 4 months); cleaning claimed but unverified; sewage 1.75 MLD untreated violating S.24; EC imposed Rs.2,61,10,000/-; use for pond rejuvenation; criminal action; compliance by 31.12.2024.
Issues: Encroachment removal/restoration of ponds; untreated sewage discharge management; funding for STP/rejuvenation.
Ratio Decidendi: Continuous violation of S.24 Water Act mandates preventive/punitive/remedial action including EC based on pollution volume and criminal prosecution; local bodies accountable despite fund claims with ring-fenced availability.
Result: O.A. disposed of with directions.
| Table of Content |
|---|
| 1. complaint of pond encroachments and pollution. (Para 1 , 2 , 3) |
| 2. joint committee verifies multiple ponds, some encroached. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. authorities report fund constraints, stp proposals. (Para 12 , 13 , 14 , 15 , 16) |
| 4. directions for eviction and stp installation. (Para 17 , 18 , 19 , 20 , 21) |
| 5. violation of water act s.24 by untreated discharge. (Para 22 , 23 , 24 , 25 , 26 , 27) |
| 6. imposition of volume-based ec and prosecution. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
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 , 609, 691, 980, 1046, 1047, घ1103, 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 presence of the Vipin Kumar Singh Senghar, Executive Officer, Nagar Panchayat, Faridnagar. He informed that Khasra numbe
