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Judgment
,
Rajiv Sharma, ACJ.",
In sequel to the previous orders passed by this Court, counter affidavit has been filed by Secretary, Drinking Water to the State of Uttarakhand.",
The River Ganga originates from the State of Uttarakhand. Number of small towns, cities, Nagar Nigam, Nagar Panchayat and villages are situate",
on the banks of River Ganga and its Tributaries. Hundreds of drains discharge directly into River Ganga and its tributaries without treatment. It,
pollutes River Ganga. The drains discharging untreated water into River Ganga and its tributaries are required to be tapped. It is in this background,
that the directions were issued on the previous date to the State of Uttarakhand to file affidavit.,
According to the averments made in Paragraph No.4 of the counter affidavit, out of 135 drains, 70 drains were tapped in earlier programs namely",
Ganga Action Plan (GAP) Phase-I, GAP Phase-II, National Ganga River Basin Authority (NGRBA). Out of remaining 65 untapped drains,",
Interception, Diversion and Treatment (I&D and STP) of 59 drains were approved by the National Mission for Clean Ganga (hereinafter referred to",
as NMCG) in March, 2017 under Namami Gange Program through 18 DPRs. These (I&D and STP) are in various stages of execution. The",
averments made in Paragraph No.4 are vague and sketchy. There is no separate time schedule given for tapping of 59 drains.,
Now, as far as remaining 06 untapped drains are concerned, the remedial measures are being undertaken under the guidance of NMCG.",
Direction: There shall be a direction to the State Government and the Executing Agencies including the Contractors to seal and divert 65 untapped,
drains which discharge water without treatment into River Ganga or its tributaries forthwith.,
According to the averments made in the affidavit, 60 number of cleaning staff of Nagar Nigam and an outsourcing agency has been engaged for",
regular drain cleaning works along with use of four vehicles on regular basis. 30 iron screens/jallies have been fixed at various places to check the,
floating waste. The Ghat cleaning project for 72 Ghats of Haridwar has already been sanctioned by NMCG for three years vide letter dated,
17.07.2018. The Implementing Agency for the project is Nagar Nigam, Haridwar. 400 cleaning staff along with modern cleaning equipments will be",
deployed for regular cleaning works. Tender process for these projects is scheduled to be published by 30th September, 2018.",
Direction: There shall be a direction to the Nagar Nigam, Haridwar to complete the tender process within twenty-one days from today and thereafter,",
to issue the work orders for cleaning of 72 Ghats of Haridwar.,
The Trash Skimmer has been deployed by NMCG at Haridwar to collect all kinds of floating waste on river surface. The collected waste is being,
regularly transported to the identified disposal point from where the Urban Local Body is entrusted to do scientific disposal. The DPR has been,
submitted by Urban Development Department costing Rs.118.19 lakhs regarding installation of additional M.S. Angle Iron Mesh and deployment of,
additional manpower for regular cleaning of various drains in Haridwar, Rishikesh and Muni-ki-Reti. It has been forwarded to NMCG for appraisal",
and budgetary support under the Namami Gange Programme vide letter dated 08.08.2018.,
Direction: The NMCG is requested to accord the necessary sanction for the aforesaid tasks within a period two months from today.,
Now, we will advert to the ground realities in Rishikesh. Four drains i.e. PWD Drain, Saraswati Drain, Bengali Basti Drain, Swargashram Drain",
have been tapped. Sai Ghat Drain and Sant Seva Ashram Drain are untapped. For tapping and permanent treatment of these drains, execution of",
theI&D/STP works are ongoing which is scheduled to be completed by November, 2019.",
Direction: There shall be a direction to the State Government and the Executing Agencies including the Contractors to ensure that the work is,
completed on or before June, 2019, since two drains are emptying into River Ganga. There shall also be direction to the respondents to ensure that no",
untreated water flows from untapped trains i.e. Sai Ghat Drain and Sant Seva Ashram Drain into River Ganga. In other words, these drains are",
ordered to be sealed and diverted forthwith.,
In Muni-ki-Reti, six drains are untapped. The tapping and permanent treatment of these drains, execution of I&D/STP works are ongoing which is",
scheduled to be completed by August, 2019. However, taking into consideration the emergent situation, these drains cannot be permitted to drain out",
into River Ganga without treatment. These drains are ordered to be sealed and diverted forthwith.,
In Tapovan, all five drains are tapped.",
In Devprayag, all drains are tapped.",
In Kirti Nagar, two drains are untapped. The execution of I&D/STP works are completed and are under trial and testing. These drains are",
ordered to be sealed and diverted forthwith. The work already undertaken is ordered to be expedited and trial and testing be completed within a period,
of one month from today.,
Now, we will advert to Srinagar. Seven drains are tapped. Ten drains are untapped. It is an alarming situation. The fact that these ten drains are",
untapped is suggestive of the factum that the untreated water is drained out along with effluents directly into River Ganga or its tributaries. The,
tapping and permanent treatment of these drains is going on and it is scheduled to be completed by January, 2019.",
Direction: There shall be direction to the State Government and the Executing Agencies including the Contractors to ensure that the tapping work is,
completed on or before 01.02.2019.,
In Srikot- Gangnali, there are five untapped drains. The DPR of 5 drains was earlier sent to NMCG for approval. Certain observations were made",
by NMCG. 01 Drain as has been identified for In-situ remediation. As soon as the list of Approved Technologies and Vendors regarding In-Situ,
treatment is approved and shared by NMCG, the DPRs of 02 Drains will be submitted to NMCG/ GoI for approval.",
Direction: The process be expedited and all codal formalities be completed within three months from today.,
Rudraprayag has a very grim situation. All eight drains drain out directly into River Ganga without treatment. None of these drains have been,
tapped. The work is going on and an assurance has been made that the same will be completed on or before February, 2019.",
Direction: Till the work is completed, these drains are ordered to be sealed and diverted forthwith. There shall also be a direction to the State",
Government and the Executing Agencies including the Contractors to complete the work on or before 01.03.2019.,
Name of Project,Percentage of progress as on 30.8.18
Nandprayag I&D with STP,51.27%
Karnprayag I&D with STP,36.87%
Upgrdatoin Gyansu STP,71.37%
Upgradation Swargashram STP,87%
Arihant Vihar (Haridwar) sewer networking,49%
Rishikesh I&D with STP,7%