NGT directs compliance with SWM Rules 2016 and gaushala guidelines, monitors via UPPCB despite partial implementation.

Judgment

PRONOUNCED BY: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JM

1. Shri Ashok Kumar s/o Late Shri Omkar Singh resident of Raja Darwaja, Parikshitgarh, Tehsil Mawana, District Meerut has sent to this Tribunal by post the present letter petition which has been treated and registered as original application (OA No.480/2023).

2. The applicant has complained about dumping of garbage on all sides of Kanha Gaushala and also mismanagement of Kanha Gaushala and sought intervention by this tribunal for ensuring compliance with Solid Waste Management Rules 2016. The relevant part of the letter petition enumerating grievances of the applicant reads as under:

3. Vide order dated 04.08.2023 this Tribunal constituted a Joint Committee comprising of Uttar Pradesh State Pollution Control Board (UPPCB); Department of Veterinary and Animal Husbandry, Meerut; and the District Magistrate (DM), Meerut with direction to verify factual position and submit factual and action taken report within two months. By the said order this Tribunal also directed issuance of notice to the EO, Nagar Panchayat, Parikshitgarh requiring him to file his action taken report/response within one month.

4. In compliance of order dated 04.08.2023, Action Taken Report has been filed by UPPCB vide email dated 06.09.2023 and Action Taken Report has also been filed by the Executive Officer, Nagar Panchayat Parikshitgarh, Meerut vide email dated 09.09.2023.

5. The relevant part of report submitted by UPPCB vide email dated 06.09.2023 reads as under:

“Action Taken Report in compliance of Order dated- 04.08.2023 passed by Hon’ble NGT in O.A. No.480/2023, Ashok Kumar Versus State of Uttar Pradesh

X X X X 

Inspection of site and action taken report

Inspection of the site was conducted on 28.08.2023 by the committee of Sub- Divisonal Magistrate, Mawana,Veterinary Officer, Parikshitgarh. Assistant Environment Engineer, UPPCB, Meerut in present of Executive Officer, Nagar Panchayat, Parikshitgarh, Meerut and shri Ashok Kumar, Applicant.

Alleged site is the land of Nagar Panchayat, Parikshitgarh, Meerut, in which 8.574 Hectare Land is in the form of ponds. On the 0.278 Hectare land Kanha Goshala, Parikshitgarh is established with boundary wall. On the 0.164 Hectare land garbage being dumped by Nagar Panchayat. Nagar Panchayat, Parikshitgarh has no identified dump site for garbage dumping. It is informed by the Executive Officer that earlier garbage was dumped on a different site which has been stopped after the protest of Ramleela Committee, Parikshitgarh. Estimated population of the Nagar Panchayat is approx.24000.

Kanha Gaushala, Parikshitgarh, Meerut

Kanha Gaushala is established by Nagar Panchayat, Parikshitgarh in 2020.Gauhala is well equipped and is in operation by the organised way. Total area of the Gaushala is 0.278 Hectare is under the boundary wall. Covered area of Cattle shade is approx. 800 Sq.Mtr. Straw store, grass cutting machine, electricity, Solar Panel and 02 no. of Tubewells (02 & 15 Hp) are installed. Biogas Plant of 45 Cubic Mtr. capacity is installed. 05 KVA Gas Genset installed. 150 unproductive cattle are kept in this gaushala. Total 06 (04 for the day and 02 for the night) care takers have been deployed. Gaushala is being supervised by Veterinary Officer, Parikshitgarh. Veterinary Officer informed that since starting only 01 Cow was died due to Bloat (Afara) in May, 2021. All the cattle kept in Kanha Gaushala are fully Tagged and record maintained accordingly.

At the time of inspe