Back
2023 Supreme(Online)(NGT) 4964
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH NEW DELHI MISC APPLICATION IN DISPOSED OF CASES NO.38/2023 IN ORIGINAL APPLICATION NO.196/2022 (I.A. NO.526/2024)
IN THE MATTER OF:
1. HARI OM GUPTA AD 66, Ansal East End, Ghaziabad, Uttar Pradesh-201102 ...Applicant Verses
1. NAGAR PALIKA PARISHAD Loni-201102, Ghaziabad, U.P
2. MS. SHALINI GUPTA, EXECUTIVE OFFICER Nagar Palika Parishad Loni-201102, Ghaziabad, U.P.
3. DISTRICT FOREST OFFICER Ghaziabad Sector-23, Raj Nagar, Ghaziabad-201102, U.P.
4. STATE OF UTTAR PRADESH Through Chief Secretary, 1st Floor, Room No. 110, Lalbahadur Sostri Bhawan, Uttar Pradesh Secretariat, Lucknow-226001
5. UTTAR PRADESH POLLUTION CONTROL BOARD Through The Member Secretary, TC-12V, Vibhuti Khand, Gomti Nagar, Lucknow-22601
6. DISTRICT MAGISTRATE Collectorate Compound, Raj Nagar, Ghaziabad (UP)
7. NATIONAL HIGHWAY AUTHORITY OF INDIA G5 & 6, Sector-10, Dwarka, New Delhi-110075
8. THE CONTRACTOR Engaged in the project by NHAI
9. PRINCIPAL SECRETARY Urban Development Department, Government of U.P.
834, Bapu Bhawan, Lucknow-226001
10. UTTAR PRADESH JAL NIGAM Through its Managing Director, 6 Rana Pratap Marg
11. VATECH WABAG LTD.
Through its Chairman, Panchsheel Well Bazaar, Crossing Republic, Indirapuram Ghaziabad-201016 ...Respondent(s)
COUNSELS FOR APPLICANT(S):
None COUNSELS FOR RESPONDENT(S):
Mr. Bhanwar Pal Singh Jadon, Mr. Harsh Vardhan Singh Rajawat and Ms.
Gargi Chaturvedi, Advocates for respondent nos. 3, 4, 6, 9, 10 and UPPCB Mr. Balendu Shekhar and Ms. Tanisha Samanta, Advocates for respondent no. 7 Mr. Raj Kumar, Advocate for respondent no. 8 (through VC)
Mr. Neeraj Kumar and Ms. Meenakshi Jha, Advocates respondent no. 11 Ms. Priyanka Swami and Ms. Simran Sehgal, Advocates for Nagar Palika Parishad, Loni CORAM:
HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER RESERVED ON: NOVEMBER 14, 2024 PRONOUNCED ON: JULY 11, 2025
For the Petitioner: MANOJ KUMAR
For the Respondent:
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 and not in the form of Image PDF, who may, if necessary, put up the matter before the Bench for directions.
The application is disposed of.
A copy of this order, along with a copy of the complaint, be forwarded to the State PCB, District Magistrate & DFO, Ghaziabad, Uttar Pradesh by e-mail for compliance.”
Joint Committee’s Report dated 21.11.2022:
5. Pursuant to the above order dated 11.03.2022 passed by Tribunal, Joint Committee submitted its report dated 21.11.2022 vide e-mail dated 22.11.2022 through Regional Officer, UPPCB, Ghaziabad. Joint Committee visi
