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2024 Supreme(Online)(NGT) 5268
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Arun Kumar Tyagi, Judicial Member, Afroz Ahmad, Expert Member
Hari Om Gupta – Appellant
Versus
Nagar Palika Parishad Loni – Respondent
MISC APPLICATION IN DISPOSED OF CASES NO.38/2023|ORIGINAL APPLICATION NO.196/2022 (I.A. NO.526/2024)
For the Appellants/Petitioners: None
For the Respondents: Mr. Bhanwar Pal Singh Jadon, Mr. Harsh Vardhan Singh Rajawat, Ms. Gargi Chaturvedi, Mr. Balendu Shekhar, Ms. Tanisha Samanta, Mr. Raj Kumar, Mr. Neeraj Kumar, Ms. Meenakshi Jha, Ms. Priyanka Swami, Ms. Simran Sehgal
Local bodies and state agencies liable for environmental compensation at one paisa per litre of untreated sewage discharged, enforcing strict prohibition under water pollution laws and 'Polluter Pays' principle with time-bound remediation.
Headnote:(A) Water (Prevention and Control of Pollution) Act, 1974 - Section 24 - Uttar Pradesh Water Supply and Sewerage Act, 1975 - Section 14(1) - National Green Tribunal Act, 2010 - Sections 15, 20 - Prohibition on discharge of untreated sewage into streams, wells, sewers or land - Local bodies and state agencies liable for continuous violation through inadequate treatment capacity and delayed infrastructure - Environmental compensation computed at one paisa per litre of untreated sewage discharged, applying 'Polluter Pays' principle for quantified periods of violation. (Paras 68, 77-80)
(B) Environmental Law - Statutory responsibility for sewerage schemes - Preparation, execution, promotion and financing of sewerage and disposal schemes mandatory - Failure to upgrade existing plants or develop comprehensive drainage constitutes ongoing environmental damage - Time-bound remediation ordered with compensation for restoration. (Paras 70-74)
Facts of the case:
Residents complained of untreated sewage and solid waste dumping into green belt areas causing waterlogging, tree death and groundwater pollution in low-lying urban zone with 108 MLD sewage generation but only 30 MLD treatment capacity. Joint committees confirmed violations; temporary suction measures ongoing but permanent infrastructure delayed under phased schemes.
Findings of Court:
Violations established against local body and state agency; environmental compensation of Rs.2.25 Crores already imposed on local body upheld; additional Rs.21.528 Crores imposed on state agency for 72 MLD untreated sewage over 299 days at one paisa per litre.
Issues: (I) Violations of water pollution laws in sewerage discharge; (II) Responsible authorities; (III) Penal and compensatory actions; (IV) Remedial directions.
Ratio Decidendi: Complete embargo on untreated effluent discharge under Section 24; state agency primarily liable for non-performance of sewerage functions over decades; compensation calculated on untreated volume × days × one paisa/litre; directives for STP upgrade, full capacity development and connecting lines within one year.
Result: M.A. disposed with directions for infrastructure completion within one year, payment of computed compensation within three months, ongoing UPPCB computation/recovery, and environment restoration plan.
| Table of Content |
|---|
| 1. original complaint and initial tribunal directions. (Para 1 , 2 , 3 , 4) |
| 2. joint committee findings and recommendations. (Para 5 , 6 , 7 , 8) |
| 3. responses from nagar palika and authorities. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. dm meetings and interim actions. (Para 16 , 17 , 18 , 19) |
| 5. amrut plans and project delays. (Para 20 , 21 , 22 , 23 , 24) |
| 6. dpr preparation and funding transfers. (Para 25 , 26 , 27 , 28 , 29 , 30) |
| 7. tribunal orders and compliance efforts. (Para 31 , 32 , 33 , 34 , 35 , 37 , 38 , 39 , 40 , 41) |
| 8. stp operations and temporary measures. (Para 42 , 43 , 44 , 45) |
| 9. applicant's ongoing grievances. (Para 46 , 47 , 48) |
| 10. stp contractor defenses and verifications. (Para 49 , 50 , 52 , 53 , 54 , 55 , 56 , 57 , 58) |
| 11. parties' final arguments. (Para 59 , 61 , 62) |
| 12. framed environmental issues. (Para 63 , 64) |
| 13. sewage violations and historical neglect. (Para 65 , 66 , 67 , 68 , 69) |
| 14. up jal nigam statutory duties. (Para 70 , 71 , 72) |
| 15. responsibility allocation. (Para 73 , 74 , 75 , 76) |
| 16. environmental compensation calculations. (Para 77 , 78 , 79 , 80 , 81 , 82 , 83) |
| 17. directions for remediation and compliance. (Para 84 , 85 , 86) |
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 re
