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Judgment
The matter has been taken up to consider report of the Oversight Committee dated 23.11.2022 on the subject of compliance of order of this Tribunal dated 18.03.2021 in O.A. No. 229/2013, Giriraj Parikrama Sanrakshan Sansthan & Ors. vs. Department of Environment & Forest & Ors.
The issue considered by the tribunal in OA 229/2013 related to protection of environment in Govardhan and surrounding areas, particularly Giriraj Parvat (Hill) near Mathura-Vrindavan. Grievance before the Tribunal was that on account of spiritual and cultural significance of the area, 8-10 million pilgrims from different parts of the World visit the Parikrama of Goverdhan mountain (path for walking around a sacred place) every month. They also visit temple of Giriraj Ji, Radha Kund and other holy places in the vicinity. On account of negligence of the authorities, there were challenges to the environment like illegal felling of trees, encroachments, unscientific dumping of solid waste and discharge of untreated sewage. The area is 26 Km. West of Mathura, near the State Highway towards Deeg in Rajasthan. The Parikrama Marg (path) is about 21 Km. in the foothill where the Lord Krishna is believed to have saved people of Braj from the wrath of Lord Indra. There are various beliefs associated with different locations in the entire area. There is associated cultural and religious history. There are historical water bodies also, having religious and cultural significance. Large number of pilgrims visit on account of their religious sentiments. The issues were crystalised vide order dated 4.8.2015 and directions were issued. Thereafter further monitoring was for compliance of the said directions.
Vide order dated 31.08.2020, the Tribunal constituted a Committee after noting the surviving issues for compliance as follows:-
“
In pursuance of the above, the Secretary, Urban Development, UP has filed an affidavit on 29.08.2020. It is stated that in compliance of order dated 04.03.2020, a meeting of all the concerned officers was held on 06.03.2020 to consider the progress of compliance of directions 3, 4 and 5 to deal with the problem of sewage and solid waste. The status was found to be as follows:-
“
S.
No.
Direction of Hon’ble
Tribunal
Compliance status /
Action Take
Remark
1.
Direction No. 3-
Interceptors should be constructed and sewage generated in the area should be diverted to STP. Residents may be directed to take sewage connection. A punitive action may also be recommended against residents for violations/discharge of sewage on roads/water bodies.
Complied. All 1820 houses along with other structures with in catchment area of existing sewage network, covering about 40% part of Govardhan Nagar Palika, have been connected to existing sewerage network through house connections through State fund amounting to about Rs. 4.17 crore.
A discharge of about 1.8 MLD through existing sewerage network is being treated in existing STP of 2.76 MLD capacity.
2.
Direction No. 4 – The
areas along the Parikrama Marg, which have not been provided with sewerage system should be provided with sewer lines and suitable sewage
treatment facility should also be provided.
Tenders for execution of a sanctioned project of Rs.
3.3 Crore for septage management from septic tanks of house holds in un-sewered area have already been called. Work is proposed to be completed in next 6 months, subject to kind permission from Hon’ble Tribunal.
A DPR for sewerage scheme for unsewered area has also been prepared.
As an interim measure, Nagar Palika has issued public notice prohibiting open dumping of septage from septic tanks (Annexure -3)
As per report of UP Jal Nigam
(Annexure – 2) The execution of sewerage network scheme in un sewered area pose serious challenge of laying sewer in narrow lanes (1.2-1 m wide) and the cost works out to be very high (Rs. 2.15 lakh/ house hold) as compared to septage management cost (Rs. 0.055 Lakh per house hold). UP Jal Nigam has reported that in Goverdhan and Radhakund town the area in which 37 narrow lanes of width 1 to
1.5 m and length 40
m – about 300 m exist. Report of a team of UP Jal Nigam (Annexure-2) which examined the solution to issue raised by UPPCB regarding viability of collection of sewage from houses in narrow lanes was also discussed including option for using extended suction hose pipe and it was finally decided in the meeting that matter may be referred to NEERI for specialized expert opinion to decide upon techno- economic viability of providing sewerage network and options for septage collection from houses in narrow lanes.
3.
Direction No. 5 –
Facilities for collection of MSW and its proper disposal should be made for disposal of MSW where collected MSW may be disposed off as per MSW (Management and Handling) Rules, 2000.
It is submitted that towns of Goverdhan and Radhakund are Nagar Panchayats headed by an Executive Officer. The entire work from door to door collection and disposal of municipal solid waste in accordance with rules has been entrusted to an organization namely Muskan Jyoti with which a written contract has also been executed by Nagar panchayats. It is submitted that door to door collection of municipal solid waste from both towns has commenced. A land bearing Khasra No. 212/13 and 211
admeasuring 1.566
hectare situated at revenue village Neem Goan, Tehsil Goverdhan, District Mathura has been identified and earmarked for management of waste. The dumping ground is proposed on this parcel of land. The e-tender for construction of proposed plant has been invited. The construction of boundary wall and approach road is in progress. The segregation of waste is also been carried out. In terms of the contract, pursuant to segregation, the bio-degradable waste is being converted into manure while the segregated non-bio- degradable waste shall be sent for recycling. The requisite fund to the tune of 1.82 cr. (approx.) has been released. The picture of ongoing construction work are attached herewith as
Annexure-4.
”
Since only issue which survives is compliance of order dated 04.08.2015 and period of more than five years has already gone by, we are of the view that the pending issues in terms of directions of this Tribunal should be speedily addressed.Instead of the Tribunal dealing with the several authorities, monitoring may be done jointly at the level of senior functionaries of the State who may meet atleast once in a month and take stock of compliance status and iron out difficulties if any. For this purpose, following Committee be constituted:-
Principal Secretary, Tourism (Nodal authority)
Principal Secretary, Urban Development
Engineer-in-Chief, PWD
PCCF (HoFF), UP
Member Secretary, State PCB
District Magistrate, Mathura
CEO, Mathura Vrindavan Development Authority
First such meeting of the Committee may be held on or before 30.09.2020 for which initiative may be immediately taken by the Nodal authority. The District Magistrate, Bharatpur, Rajasthan may coordinate with the District Magistrate, Mathura once in a month to sort out the relevant issues. Meetings may be held physically or by video conferencing. The Committee may involve any other experts or institutions for eco restoration of the area, including genuine religious or charitable institutions and members of the community, to the extent considered useful and necessary by the Committee.
The Monitoring Committee constituted by this Tribunal, headed by Justice SVS Rathore, to monitor compliance of environmental norms in UP, may also monitor compliance of orders of this Tribunal and furnish a report before the next date, by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF, with a copy of report being furnished to the Chief Secretary, UP for compliance of observations of the Monitoring Committee and response, if any, to be filed before this Tribunal on behalf of the State/joint Committee.”
Further order was passed on 18.03.2021 in terms of recommendation of the Committee with the direction that the Committee constituted vide order dated 31.08.2020 may continue to monitor the compliance of the pending work.
In the report now filed, it is stated that inspite of 11 reminders by the Oversight Committee, the State Government has not taken steps for compliance of order of this Tribunal for preventing damage to the environment close to the Giriraj Parikrama at Mathura District of UP. Consequently, huge pollution was being discharged in Mansi Ganga Kund. Encroachments remain to be removed. The suggestion of the Committee is as follows:-
“In view of the above, the Hon'ble NGT may be pleased to direct the Chief Secretary, UP to:
(i) send the recommendation of the State Government immediately about the investigation of the activities of the Braj Foundation in and around Giriraj Parikrama Marg resulting in continued destruction of environment by a Central Agency;
(ii) co-ordinate with the Finance, Urban Development, Tourism and PWD Departments of the State Government for early release of the balance amount for acquisition of land/utility shifting/electric works the for the construction of service roads, release of fund for the restoration of 09 kunds and finalize Panchayats; technology to be used for the treatment of sewerage in Govardhan and Radhakund Nagar and
(iii) ensure that the water quality of 09 kunds is tested periodically, comprehensive legal action is and appropriate and taken against the polluters by the UPPCB.”
In view of above, the Chief Secretary, UP may look into the matter and take such remediation action as may be found necessary in accordance with law. We note from the record that Civil Appeal No. 6345-6346/2019, Nathdwara Temple Board vs. Giriraj Parikrama Sanrakshan Sansthan Kusum Sarovar & Ors. is pending in Supreme Court at the instance of Nathdwara Temple Board wherein interim order has been granted on 13.08.2019 to maintain status quo in respect of the said Board. Thus, further action has to be consistent with the said interim order.
The MA is disposed of as above.
A copy of this order be forwarded to the Chief Secretary, UP and Justice SVS Rathore, former Judge, Allahabad High Court by email.