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2025 Supreme(Online)(NGT) 1133
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HARIOM GUPTA – Appellant
Versus
EXECUTIVE OFFICER NAGAR PALIKA LONI – Respondent
Misc Application in disposed of cases No. 38/2023 / DELHI
For the Petitioner: MANOJ KUMAR
For the Respondent:
The court emphasized the principle of 'Polluter Pays' and mandated immediate actions to address sewage issues while imposing environmental compensation for ongoing violations.
Headnote:(A) National Green Tribunal Act, 2010 - Section 24 of Water (Prevention and Control of Pollution) Act, 1974 - Violation of environmental regulations - Illegal discharge of sewage and hazardous waste into green areas - Joint Committee's findings highlighted ongoing sewage issues and inadequate response from authorities - Compensatory measures mandated to mitigate environmental damage. (Paras 66-70, 74-80)
(B) Environmental Compensation - Tribunal upheld principle of 'Polluter Pays', imposing penalties on responsible authorities for failure to address untreated sewage discharge. (Paras 82-86)
Facts of the case:
Original application filed by residents regarding the improper disposal of sewage and solid waste causing environmental harm.
Findings of Court:
Nagar Palika Parishad failed to fulfill statutory duties leading to continuous and systemic pollution.
Issues: Accountability for environmental violations and effectiveness of existing waste management systems.
Ratio Decidendi: Authorities are mandated to adopt immediate remedial measures under environmental law, with an emphasis on timely completion of drainage projects.
Result: Environmental compensation imposed, and specific directives issued for prompt remediation actions.
| Table of Content |
|---|
| 1. complaint about sewage discharge (Para 1 , 2 , 3) |
| 2. joint committee formed to assess pollution (Para 4 , 5 , 6) |
| 3. deficiencies reported by joint committee (Para 7 , 8) |
| 4. affidavits submitted regarding actions taken (Para 9 , 10 , 11 , 12 , 14) |
| 5. plans for drainage and sewage management (Para 15 , 16 , 20) |
| 6. parties' arguments about responsibilities (Para 59 , 61) |
| 7. findings on statutory violations and accountability (Para 63 , 64 , 65 , 66 , 68 , 70 , 72 , 76 , 80) |
| 8. final orders and environmental compensation directives (Para 85 , 86) |
JUDGMENT
BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
1. Hari Om Gupta filed Original Application (hereinafter referred to as ‘OA’) 196/2022 on his behalf and on behalf of Praveen Rajoria, Ashutosh Sharma, Rakesh Kumar, R.S. Bhandari, Atmaram Garg and Vivek Bhatnagar, (under their authority letter), all residents of Ansal East End, Sector C-1, Trans Delhi Signature City, Loni, District Ghaziabad complaining about the discharge of sewerage by Nagar Palika Parishad, Loni, District Ghaziabad into green belt of Ansal East End. The applicants have also complained about dumping of hazardous municipal waste in the green belt alleging that the said illegal activities are being carried out under the instructions and authority of Shalini Gupta, Executive Officer, Nagar Palika Parishad, Loni, District Ghaziabad who is impleaded as respondent 2.
2. Respondent 1 is Nagar Palika Parishad, Loni, District Ghaziabad and respondent 3 is District Forest Officer, Ghaziabad.
3. The array of the parties has undergone more impleadments as respondents and vide orders dated 09.01.2024 and 19.01.2024, the following respondents 4 to 11 also became parties in OA:
i. State of Uttar Pradesh, Through Chief Secretary;
ii. Uttar Pradesh Pollution Control Board;
iii. District Magistrate, Ghaziabad;
iv. National Highway Authority of India;
v. The Contractor Engaged in the Project by NHAI;
vi. Principal Secretary, Urban Development Department;
vii. Uttar Pradesh Jal Nigam; and, viii. Vatech Wabag Ltd., thorough its Chairman.
4. Initially, OA in its original form was considered by Tribunal on 11.03.2022. Tribunal found it appropriate to dispose of OA by constituting a Joint Committee comprising Uttar Pradesh Pollution Control Board (hereinafter referred to as ‘UPPCB’), District Magistrate, Ghaziabad (hereinafter referred to as ‘DM, Ghaziabad’) and Divisional Forest Officer, Ghaziabad (hereinafter referred to as ‘DFO, Ghaziabad’). The said Committee was required to visit the site, collect factual information, take appropriate action and submit action taken report before Registrar General of this Tribunal within three months. The order dated 11.03.2022 is reproduced as under:
“1. Grievance of the applicant Mr. Hariom Gupta is regarding dumping of hazardous sewerage of surrounding Nagar Palika area to the Green Belt, NH-709B, opposite Ansal State End., Sector C-1, Trans Delhi Signature City, Loni Ghaziabad. It is submitted that sewerage is filed in the Green Belt and when it over flows, it enters into Ansal State End and in temple area. It is further submitted that due to poisonous water of sewerage, hundreds of large trees have died. It is also submitted that this hazardous sewerage is also entering into the underground water streams, polluting the ground water and harming the environment at large.
2. Having regard to the allegations of the appellant, it appears necessary to ascertain the factual position in the matter through a Joint Committee of the State PCB, District Magistrate & DFO, Ghaziabad, Uttar Pradesh. The State PCB will be the Nodal agency for coordination and compliance. The Joint Committee may meet within four weeks and undertake site visit and look into the grievance of the applicant. Factual and action taken report may be furnished before the Ld. Registrar General, NGT, Principal Bench, Delhi within three months by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF an
