Hem Singh Yadav & Ors vs State of UP & Ors

None has appeared on behalf of the applicants though the matter has been called twice. We have perused the record. The application has been filed under Section 15 read with Section 18(1) of the NGT Act, 2010 by three applicants; Hem Singh Yadav, Koushal Kishore and Satish Chand raising a complaint that earlier Original Application No. 588/2019, Hem Singh Yog, Social Worker, Pt. Deendayal Upadhyay Vichar Manch v. State of Uttar Pradesh was filed by the applicants which was disposed of by order dated 04.03.2021 after obtaining a factual report from a joint Committee comprising of District Magistrate, Mathura, Municipal Council, Mathura and UPPCB. The order reads as under:

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A factual and action taken report was sought from the District Magistrate, Mathura, Municipal Council Mathura and UP State PCB with reference to the allegation of unscientific legacy waste dumped near Nagla Kolhu in Mathura Municipal Council/TTZ area. Further allegation of the applicant is that polluting activities include industries, apart from other sources, affecting about 1.25 lakh inhabitants and activities of producing fuel from the plastic are also being undertaken.

The matter was last considered on 14.07.2020 as follows:-

"Accordingly, a report has been field on 10.12.2019 by the Joint Committee to the effect that there is proposal to improve the situation. Since the report was filed six months back, it is necessary to ascertain the current status of compliance and reasons for inaction. Mere proposal for improvement in future is no defence for violation of statutory rules which is a criminal offence and breach of Constitutional obligation of providing clean environment by the local and the State authorities. In any case, long time has passed and prompt measures must be ensured failing which the Tribunal may have to fix individual liability of the erring authorities and direct coercive measures for their continued failure.

Let the Committee constituted by this Tribunal with UP State PCB being the Nodal Agency furnish a report in the matter 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."

Accordingly further report has been filed by the State PCB 12.09.2020. Learned counsel for the State PCB points out that the same issue has already been dealt with on 21.01.2021 in O.A. No. 136/2015, Madhumangal Shukla & Ors. v. Nagar Palika Parishad, Vrindavan & Ors. in the light of the observation of the Oversight Committee constituted by this Tribunal headed by Justice S.V.S. Rathore, former judge of Allahabad High Court recommending remedial action in the light of the shortcoming noticed. The Tribunal accordingly directly as follows:-

"1to4..xxx..................................xxx.................................... xxx

From the above, it can be seen that the steps taken for handling the waste are not adequate. This is inspite of monitoring by this Tribunal for more than five years and also taking coercive measures in the form of compensation, upheld by the Hon'ble Supreme Court vide order dated 21.1.2019 in Civil Appeal Number 1458-1460/ 2019 (D. No. 38773/16), Nagar Palika Vrindavan v. Madhumangal Shukla. Violation of environment laws is as serious if not more that any other criminal law. Failure of the authorities to check such crimes is failure of the public trust reposed in such authorities for protection of citizens' rights. It appears that no serious action is taken by senior officers against such blatant failures which is unfortunate, leaving the citizens at the mercy of law violators. We expect that the compost plant may now be made operational at the earliest. The segregated material recovered in the process be properly routed and no backlog of unprocessed waste be stored to create legacy waste. Bio-mining of legacy waste be executed and entire area be developed with plantation and landscaped following guidelines on buffer zone developed by CPCB. A bio-diversity park may also be developed in the area. We are making these observations on account of disappointment with the conduct of the authorities in concerned and with a hope that they will now understand their responsibilities and take stern measures in the matter. We accept the recommendations of the Oversight Committee and direct the Administration in the State of UP to take steps in the matter accordingly forthwith in the interest of protection of the environment and public health. The Oversight Committee may oversee compliance to these directions."

In view of the above, no further order is necessary except that action may be taken in terms of order dated 21.01.2021 in O.A. No. 136/2015, supra.

The application is disposed of."

Thereafter, some other matters came up before Tribunal in O.A Nos. 136/2015 and 06/2017, Madhumangal Shukla & Ors. vs. Nagar Palika Parishad, Vrindavan & Ors., which were also disposed of vide judgement dated 21.01.2021. In the said judgement, Tribunal noticed the report of Oversight Committee, dated 23.07.2020 and observing that the remedial steps taken for handling the waste are not adequate, directed the authorities concerned to take steps forthwith in the interest of protection of environment and public health.

The grievance of the applicant is that despite the above orders, respondents have not taken appropriate steps. If that be so, applicant has remedy to seek execution of the aforesaid orders by moving appropriate forum under provisions of the NGT Act, 2010 but repeated original applications for the same cause of action, wherein the matter has already been decided, in our view, are not entertainable and should not be encouraged.

The Application is accordingly disposed of with the liberty to the applicant to avail such remedy as available in law for execution of orders of Tribunal passed in Original Application No. 588/2019, Hem Singh Yog, Social Worker, Pt. Deendayal Upadhyay Vichar Manch v. State of Uttar Pradesh and O.A Nos. 136/2015 and 06/2017, Madhumangal Shukla & Ors. vs. Nagar Palika Parishad, Vrindavan & Ors.