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Judgment
Gurdeep Singh son of Sucha Singh resident of Chahal Patti Badra Tehsil Tapa District Barnala, Punjab has filed the present application under provisions of the National Green Tribunal Act, 2010 seeking issuance of directions to the respondents to ensure that untreated, polluted and dirty water of the pond is not discharged in the fields and that after treatment the same may be used for the panchayat land.
The applicant has averred that Gurpreet Singh, Sarpanch of Gram Panchayat of village Badra is, at the asking of some political persons of the village who are connected with the political party in power, is trying to discharge polluted water of the pond through the pipe lines illegally and forcibly in their land and the land of the neighbouring farmers. The applicant submitted applications dated 05.09.2022 and 20.09.2022 to the concerned officers but no action has been taken on the same.
Vide order dated 28.09.2022 notices were ordered to be issued to the respondents. As per office report, notices have been duly served on the respondents.
None has appeared for the respondents no. 1 to 7. Even though Vakalatnama was filed on behalf of respondent no. 8 but even the Ld. Counsel for respondent no. 8 has not appeared.
Pursuant to notice short reply has been filed by the Punjab State Pollution Control Board (PSPCB) vide email dated 21.11.2022. The relevant part of the short reply is reproduced below:-
“Short reply of Er. Vijay Kumar, Environmental Engineer, Punjab Pollution Control Board, Regional Office, Sangrur on behalf of Punjab Pollution Control Board.
X X X X
That upon examination of the matter it is observed that Gram Panchayat Badra has passed a resolution dated 31/08/2022 to use the over flow of the Village pond wastewater in the field of the farmers for irrigation with consent towards the way of the Jogipur. The Gram Panchayat decided to obtain the permission of Punjab Pollution Control Board in this regard.
That thereafter, a complaint dated 05/09/2022 is received by the Board which was made by Sh. Gurdeep Singh S/o Sh. Sucha Singh, Sh. Sukhwinder Singh S/o Sh. Bachhitar Singh residents of Chahal Patti, Village Badra, Tehsil Tapa, District Barnala. It was alleged in the complaint that Sarpanch Gurdeep Singh at the behest of some political persons connected with the political party in power is trying to discharge the wastewater of village Pond into the fields of the farmers and in their fields by forcibly and illegally laying the pipeline. It was further mentioned in the complaint that the work is being done due to political vendetta.
That in the above background of the case, the Block Development and Panchayat Officer, Block Barnala vide letter no. 1310/PO dated 09/09/2022 has informed the office of Environmental Engineer, Punjab Pollution Control Board, Sangrur that Gram Panchayat Badra after passing a resolution dated 31/08/2022 desires to use the overflowed water of Chahal Patti Pond for irrigation in the fields of the consented farmers and wants to obtain the permission of the Punjab Pollution Control Board. As such letter is forwarded to your office. English translation of letter no. 1310/PO/ dated 09/09/2022 written by Block Development and Panchayat Officer, Block Barnala is enclosed herewith as Annexure R7/A.
That the office of Environmental Engineer, Punjab Pollution Control Board, Regional Office, Sangrur after considering the matter informed the office of Block Development and Panchayat Officer vide office letter no. 4089 dated 16/09/2022 that the matter to accord sanction to use the pond water for irrigation in the nearby fields does not fall under the purview of the Board. As the matter relates to the Village Pond, the Block Development and Panchayat Offices, Barnala was advised to take further necessary action as per the rules of their department. It was also informed to the Block Development and Panchayat Officer vide the said letter dated 16/09/2022 that if they want to get the pond water analyzed then they should write a request letter in this regard and also deposit the requisite analysis charges with the office of the Board so that necessary action to analyze the pond water is initiated.
A copy of the English translation of letter no. 4089 dated 16/09/2022 is enclosed herewith as Annexure R7/B for kind perusal of this Hon'ble Tribunal.
That in view of the above recorded facts, it is respectfully apprised that the present case falls under the purview and jurisdiction of the Department of Rural Development and Panchayats and the Punjab Pollution Control Board has no active role to perform in the case. The department of Rural Development and Panchayats is having its own rules, guidelines for the rejuvenation of Village Ponds. As such, the reply of the Department or Rural Development and Panchayats may kindly be perused for appropriate disposal of the case."
Vide order dated 22.11.2022 this Tribunal constituted a Joint Committee comprising of representative of the PSPCB, the Deputy Commissioner, Barnala and the DDPO, Barnala with direction to submit its report within one month.
In compliance thereof report of the Joint Committee has been filed vide email dated 13.02.2023. The relevant part of the report is reproduced below:-
“Subject: Compliance of order dated 22.11.2022 passed by the Hon’ble National Green Tribunal in O.A No. 719 of 2022 titled as Gurdeep Singh v/s State of Punjab and Others.
Background of the case
Sh. Gurdeep Singh son of Sh. Sucha Singh Resident Chahal Patti Badra Tehsil Tapa District Barnala, Punjab has filed O.A No. 719 of 2022 (titled as Gurdeep Singh v/s State of Punjab and Others) before the Hon’ble National Green Tribunal seeking the issuance of directions to the respondents to ensure that untreated, polluted and dirty water of the village pond is not discharged in the fields and after treatment the same may be used for the panchayat land.
Order passed by the Hon’ble National Green Tribunal
The Hon’ble National Green Tribunal vide order dated 22.11.2022 passed in O.A No.719 of 2022 has constituted a Joint Committee comprising of representative of the Punjab State Pollution Control Board, the Deputy Commissioner, Barnala and the DDPO, Barnala to undertake visits to the site, look into the grievances of the applicant by associating him and concerned persons, verify the factual position and submit its report within one month by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
Orders / Directions issued by Deputy Commissioner, Barnala
In view of the orders passed by the Hon’ble National Green Tribunal, Deputy Commissioner, Barnala had constituted a team of officers comprising of the Assistant Environmental Engineer of Punjab Pollution Control Board; Block Development and Panchayat Officer, Barnala; Sub Divisional Officer, Panchayati Raj, Barnala to visit the site at village Chahal Patti Badra in accordance with the orders dated 22.11.2022 of the Hon’ble National Green Tribunal and to submit action taken report.
Visit of site by the team of officers
The team comprising of the Assistant Environmental Engineer of Punjab Pollution Control Board, District Development and Panchayat Officer Barnala along with Block Development and Panchayat Officer Barnala; Sub Divisional Officer, Panchayati Raj, Barnala visited the site in question at Village Chahal Patti Badra on 16.1.2023. The applicant Sh. Gurdeep Singh son of Sh. Sucha Singh and other residents of Chahal Patti Badra were associated during the visit on 16.1.2023. The Sarpanch and other members of Panchayat of Chahal Patti Badra Village were also contacted.
The village pond was inspected and it was observed that the village Panchayat (Chahal Patti Badra) has constructed a screening chamber and collection tank in the pond. The wastewater of the village is collected in the village pond, which after passing through the screening chamber goes to the collection tank / gravity chamber. A pipe line has been installed through which the water from the collection tank / gravity chamber goes to the fields of the farmers for irrigation purposes. The applicant Sh. Gurdeep Singh and other residents of Chahal Patti Badra stated that the work being carried out by the Panchayat of the village is not to their satisfaction as the wastewater being supplied to the fields is causing smell and froth and is not fit for irrigation purposes. They further stated that the village panchayat may install the Thapar Model of treatment system in the village pond, so that the wastewater reaching the fields is fit for irrigation purposes. They also stated that the street which was digged for the purpose of lying pipelines has also not been constructed. The applicant and other residents of the village stated that till the Thapar Model of treatment system in the village pond is installed, the wastewater from the pond shall not be released into the fields of the farmers.
The team members also contacted the Sarpanch and other members of village panchayat, Chahal Patti Badra and brought to their notice the statements made by the applicant Gurdeep Singh and other residents of the Village. The Sarpanch and other members of village panchayat agreed to the proposal and stated they have no objection if Thapar Model of treatment system is installed in the village pond.
The Sub Divisional Officer of Department of Rural Development and Panchayats (Panchayati Raj) and the Block Development and Panchayat Officer agreed to the proposal put forth by the applicant Sh. Gurdeep Singh and other residents of the village and stated that the Thapar Model of treatment system in the village pond will be installed by the Department of Rural Development and Panchayats within six months. With the installation of the Thapar Model of treatment system in the village pond, the grievance of the applicant and other residents of the village Chahal Patti Badra will be resolved.”
In view of the observations made in the report of the Joint Committee that the Sub Divisional Officer of Department of Rural Development and Panchayats (Panchayati Raj) and the Block Development and Panchayat Officer agreed to the proposal put forth by the applicant Sh. Gurdeep Singh and other residents of the village and stated that the Thapar Model of treatment system in the village pond will be installed by the Department of Rural Development and Panchayats within six months which will resolve their grievances, no further action is required to be taken by this Tribunal on the present application.
Accordingly, the application is disposed of with the direction that the Thapar Model of treatment system in the village pond be installed by the Department of Rural Development and Panchayats within six months and the respondent No.3 Director, Department of Rural Development and Panchayats, Punjab is directed to ensure allocation of requisite funds, issuance of requisite tender and ensure completion of the Work within the period of six months.
A copy of this order be sent to the applicant and the respondents by post/email for information/compliance.