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Judgment
This original application is registered in suo motu exercise of power on the basis of a newspaper report dated 12.10.2023 published in “Nav Duniya” titled “पांच साल में 500 करोड खर्च, फिर भी जलाशयों व खुले में बह रहा सीवेज ”.
As per the said report, in Bhopal capital of State of Madhya Pradesh, in last five years Rs. 500 crores have been spent in the name of strengthening of the sewerage network but still the sewage is flowing openly and the proper sewage system has not been set in place.
It has been stated that in Govindpura, Narela in North and Central legislative area even sewage pipeline has not been laid. It is stated that there is no sewerage network in 55% areas of the city and in these areas the sewage is directly flowing to river and lake.
The newspaper report states that though near the Bada Talab Sewage Treatment Plant (STP) has been constructed but the sewage is directly discharged in the Talab without treatment. The report also states that as per the existing population in each zone atleast two sewage cleaning machines should be placed but presently, even one machine per zone is not available.
The report reflects that a substantial issue relating to environment and compliance of provisions of Schedule Act is involved in the matter.
The power of the NGT to exercise suo-motu power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.
We take note of the fact that some directions have already been issued by the Tribunal by order dated 11.08.2023 passed in OA No. 07/2018(CZ) in the matter of M.Y. Chaudhary vs. Bhopal Municipal Corporation & Others. In pursuance to the Tribunal’s order in OA No. 606/2018, the concerned authorities are required to ensure no direct discharge of treated/untreated waste water into storm water drain/river/lake.
While taking further action in the present OA, the above order of the Tribunal will be duly taken into account.
Since the matter relates to the Central Zone Bench of the Tribunal, therefore, we transfer the matter to the Central Zone Bench, Bhopal for taking up the issue by registering it as OA/Execution Application as deemed proper by the said bench. Registry is directed to transfer the records of this matter to the Central Zone Bench, Bhopal.
The OA is accordingly transferred to the Central Zone Bench, Bhopal.