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Judgment
This execution application seeks enforcement of order of this Tribunal dated 20.08.2018 and subsequent orders for remedial action against violation of environmental norms on account of unregulated traffic, illegal parking, encroachments, and unscientific solid waste management at Anand Vihar and Kaushambi Apartment, Ghaziabad as mentioned in the detailed report of the CPCB filed on 22.03.2017, in pursuance of order of this Tribunal dated 17.03.2016 in O.A. No. 308/2015. Further direction of the Tribunal was for preparing an environment management plan by a committee comprising Divisional Commissioner, Ghaziabad and representatives from CPCB and Municipal Corporation.
The matter has been considered in the last more than two years on several occasions, in the light of response of the concerned statutory and administrative authorities of Ghaziabad, including the Divisional Commissioner, Meerut, District Magistrate, Ghaziabad, Commissioner, Nagar Nigam Ghaziabad, SSP Ghaziabad and Regional Officer, State PCB.
The matter was last considered on 25.10.2021 in light of reports of the Ghaziabad Nagar Nigam and Commissioner, Meerut on relevant action points. It was found that the action taken remained inadequate, calling for further remedial action. The operative part of the order is reproduced below:-
“5. We have considered the status projected in the above report and find the action taken to be highly inadequate. The matter is not of adversarial nature and is taken up in the spirit of basic needs of the citizens which are lacking. We have interacted with the officers present who are senior enough in the hierarchy of the administration and are competent enough to remedy the situation. What is required is realistic approach and concern to tackle the problem, instead of shifting the blame to other authorities. The traffic management, waste management and action against encroachers needs to be realistic and not mere show of compliance. Stringent steps are required for executing the Environment Management Plan, including protection of the storm water drains and preventing unauthorized parking. This may require a special task force comprising of responsible officers of proven ability and high-level monitoring atleast once in a week, if not more frequent initially. Monitoring may include, among other indicators, improvement in air quality and reduction in noise.
On interaction, we find the attitude of the learned Commissioner to be very positive to the above suggestions. We hope with his intervention, situation will improve. To enable further effective measures to be taken, the proceedings are deferred for about a month.”
Accordingly, further report dated 10.01.2022 has been filed by the Commissioner, Meerut Division, who is present in person with other concerned officers, to the effect that a task force has been constituted comprising of all relevant officers. Improvement has been brought about as a result of steps taken. Regular monitoring will be undertaken in light of decisions already taken. The report is reproduced below:-
“3. Joint visit of Kaushambi area by Divisional Commissioner Meerut with officials of Ghaziabad district of U.P. and Delhi State:
Further, joint visit of Kaushambhi area was carried out by Divisional Commissioner Meerut with officials of U.P. Government and Delhi Government on16.12.2021.During joint visit, all traffic congestion points were inspected by the team and after that a detailed meeting was held at Regional Office, U.P.S.R.T.C. Ghaziabad in presence of Delhi state officials. Meeting was attended by Police officials and concerned Municipal Corporation of Delhi along with concerned department officials of UP Government. Minutes of meeting are enclosed as Annexure A9.
After detailed discussion in the meeting, it was agreed to take following actions jointly:
i. EDMC toll booth to be shifted on left side-EDMC will shift toll booth will on left side after road widening work is over by Ghaziabad Nagar Nigam.
ii. Delhi police booth to be shifted from present location-Delhi police booth will be removed. Ghaziabad Nagar Nigam was directed to remove C & D waste garbage at site.
iii. To remove tree causing traffic congestion-It was found necessary to remove a banyan tree situated on left side at T-point from Kaushambhi to Anand Vihar Ownership of tree could not be ascertained; it was decided that tree will be removed by concerning municipal corporation after getting due permission from Forest Department and ensuring plantation of requisite plants as per law.
iv. To remove iron pole/barriers-Nagar Nigam Ghaziabad was directed to remove old pole/ barrier situated left side on road from Kaushambhi to Delhi. Barrier situated on right side will be removed after confirmation of ownership by District Magistrate Ghaziabad/ EDMC.
v. Road to be constructed on encroachment free lane-It was decided that road will be constructed by Nagar Nigam Ghaziabad/ CPWD, Delhi after getting lane free after removing all encroachments.
vi. To set street vendors systematically-It was directed to SSP Ghaziabad and Municipal Commissioner, Ghaziabad to ensure shifting of street vendors by earmarking vending zone at suitable place in vicinity.
vii. To repair escalator of foot over bridge-Escalator of foot over bridge was found not operational and was expected to be repaired by EDMC/CPWD.
viii. To install lift on FOB-Re engineering of FOB was observed and it is expected to install lift for FOB by EDMC/CPWD.
ix. To construct new FOB-In view of heavy movement of pedestrians on both side of road during festivals, it was requested to CPWD to construct 01 additional FOB at site. It was expected from DCP (Traffic), Delhi and EDMC to take necessary action in this regard.
x. To stop unregistered illegal buses-It was directed to stop unregistered illegal buses through strict enforcement by regional manager, UPSRTC, Ghaziabad, RTO, Ghaziabad and Delhi police.
xi. To arrange buses systematically outside bus station-Regional Manager, UPSRTC, Ghaziabad was asked to ensure that buses should not stand outside bus station haphazardly.
xii. To nominate nodal officer- EDMC and Delhi police officials were requested to nominate nodal officers for further action as decided in joint visit/meeting.
xiii. To share information about traffic diversion between states- S.P. Traffic, Ghaziabad requested that information of traffic diversion should be shared mutually between Delhi police/ traffic department and U.P. police.
xiv. Interstate coordination-It was expected that effective coordination should be ensured for achieving sustainable solution of said problems/issues at all level of Police and Municipal administration of both States.
Subsequently, a letter was also written by Commissioner, Meerut Division to Police Commissioner and Municipal Commissioner, EDMC Delhi to ensure compliance of activities to be undertaken in Delhi region as decided during joint visit on 16.12.2021. In compliance of same, following activities have been completed by departments of UP Government.
Municipal Corporation, Ghaziabad has invited tenders for six activities for redressal of issues pertaining to smoothening of traffic in Kaushambhi region, details of same are as enlisted hereunder.
S.
No.
Activity
Timeline
1
Widening of Dr. Burman Road in front of Yashoda
Hospital and Kaushambi Metro Station
Work order issued. Work proposed to be
completed within 03 Months
2
Widening of Dr. Burman Road in front of Kaushambhi Depot and Fair Export (India)
Pvt. Ltd.
Work order issued. Work proposed to be completed within 03
Months
3
Construction of tempo/auto stand on Kaushambhi side
behind Delhi Police Booth
Tender invited again.
Technical bid already opened.
4
Construction of U-turn in front of Yashoda Hospital, Kaushambhi metro station and Kaushambhi depot for
traffic management.
Tender invited again.
Technical bid already opened.
5
Construction of taxi stand adjacent to Kaushambhi
depot on Saur Urja Marg
Tender invited again.
Technical bid already opened.
6
Construction of speed breakers before low height barriers near Wave Mall circle and Saur Urja Marg cut
Invited
Municipal Corporation, Ghaziabad has removed all C&D Waste left on site after shifting of Delhi Police Booth.
Letter has been sent to Forest Department, Ghaziabad on 23.12.2021 for removal of banyan and other trees for widening of road and providing free passage to vehicles.
Iron poles have been removed by Municipal Corporation, Ghaziabad on 16.12.2021.
Tenders invited for widening of roads on area encroached areas.
RM, Roadways has carried out enforcement drive and ensured that movement of unauthorized buses is curtailed in the area.
As far as compliance of actions pertaining to Government of NCT of Delhi region is concerned, presently only shifting of traffic police booth has been done and progress and action taken report with regards to other points is awaited. Divisional Commissioner Meerut vide letter dated 08.01.2022 has sent a letter to Delhi officials for providing compliance status on concerned points, copy of same is annexed as Annexure A10.
Thus, as detailed above, regular steps are being taken in true spirit for abatement of pollution due to traffic, solid waste as well as encroachment in the area and same shall continue. In order to achieve desired results, any further directions of Hon'ble Tribunal shall be complied with.”
Let further action be taken accordingly and report of status of compliance as on 31.08.2022 be filed with the Registrar General of this Tribunal by 15.09.2022 by e-mail. If any further direction appears to be necessary, the Registrar General may place the matter before the Bench.
Subject to above, the Execution Application is disposed of.