Prem Prakash Prajapati vs Union of India & Ors

The  grievance  in  the  present  letter  petition  sent  by  Mr.  Prem Prakash Prajapati, President of Senior Citizen Forum for Environment is regarding removal of a storm water drain by the contractor of the NHAI at the time of widening of the highway without making an alternate arrangement for the domestic waste water and septic tank water of village Khampur Delhi situated at 25-26 KMs on NH 44. It is submitted that the said drain, which was located on the proposed service road to be constructed for non-stop travel from Mubarka Chowk to Panipat, joined the main drain situated 400 meters away from village Khampur. As a result of removal of above said drain entire waste water of village has accumulated in excavated land of proposed service road contaminating ground water, causing foul smell and posing serious health hazards to local residents besides damaging the environment. In support of the letter petition, the applicant has also annexed photographs showing removal of the drain and accumulation of water.

The matter has been taken by this Tribunal on 23.05.2022 and the joint Committee was constituted with direction to submit the factual and action taken report. Notices have earlier also issued to the authorities concerned to submit their reply.

In  compliance  thereof,  Delhi  Pollution  Control  Committee  has submitted the action taken report with the facts:-

I. During the inspection, it was observed by the inspecting team that a project of widening of National Highway NH-44 (earlier known as NH-1) for converting it into a 8 lane Highway from Mukarba Chowk, Delhi to Panipat, Haryana on BOT (Toll) basis has been undertaken under the supervision of National Highway Authority of India. Construction of proposed 10 m wide service road is also part of said National Highway.

II. During the inspection, NHAI officials/representative told that for widening/construction of proposed service road, they have demolished the encroachment done by local people/villagers in the above mentioned area.

III. A stretch of road was found excavated for construction of drain (Latitude: 28.8247 Longitude: 77.1323) which was observed during the inspection. In this regard, NHAI officials stated that work has been stopped after protest by the local villagers due to demolition and layout of construction of drain.

IV. To discharge the waste water of village, NHAI has laid a pipe line to connect the  village drain  with  the highway storm drain (Latitude: 28.8247 Longitude: 77.1322). Some garbage/mixed C&D waste was found dumped near the storm drain, which had choked the above mentioned under construction stretch of drain which need to be cleaned for proper domestic waste water/effluent flow.

V. Some C&D waste was also found dumped at the locations (a) Near the TPDDL Pole no. 517-16/9 (Latitude: 28.8251 Longitude: 77.1321) and (b) Near the TPDDL Pole no. 517-16/8 (Latitude: 28.8250 Longitude: 77.1322). Further, NHAI representative told that it was dumped beyond their ROW, so local body/ agency is require to take action.

VI. During inspection, NHAI representative was asked for taking necessary action to remove the dumped garbage/waste from the site and cleaning/de-silting of storm water drain for proper effluent flow in order to avoid sceptic condition

VII. The NHAI vide its letter No. NHAI/PIU-SNP/NH-44/ATR/2022/D-10415 dated 16.08.2022 submitted Action Taken Report regarding removing of garbage/ mixed C&D waste and completion of work of de-silting in village Khampur. Copy of Action Taken Report along with photographs and enclosures is annexed as Annexure-B.

The matter was again taken up on 10.10.2022 and the Tribunal observed that the garbage and C&D waste was not removed and no proper action has been taken by the authorities concerned and in view of above, the Tribunal observed as follows:-

“5. In view of the averments in the application and observations/recommendations in the report of the Joint Committee, we consider it appropriate to have response of (1) Government NCT of Delhi through Chief Secretary, Government of NCT of Delhi, (2) National Highways Authority of India, (3) DPCC, (4) Commissioner, Municipal Corporation of Delhi, and (5) Deputy Commissioner (North West) Delhi, who stand impleaded as respondents No. 1 to 5. The Registry is directed to prepare and attach memo of parties to the application and issue notices to respondents No. 1 to 5 requiring them to file their reply/response to the averments made in the application and observations/recommendations made in the report of the Joint Committee within two months at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.”

In compliance thereof, report was submitted as follows:-

“7. That, again joint inspection of the site was carried out on 06.12.2022 by the representative of Revenue Department, NHAI, MCD and DPCC. Following observations were recorded by the joint team:-

1) NHAI has taken up the work of 8-laning of Mukarba Chowk to Panipat section of NH-44. The 8-laning work along with the 10 meter wide service road throughput the project length is in progress.

2) Construction of pipeline/drain between main carriageway & service road in progress. At site, shuttering and concrete casting work of drain is in progress. (Lat: 28.82414 Long: 77.13238)

3) NHAI representative told that due to land constraints (Right of Way) pipeline has been laid for proper disposal of dirty Later in village Khanpur and same has been connected to the storm water drain. The work of connecting of drain with culvert is in progress and will be completed in due course of time. NHAI representative was asked to finish the construction work of drain at the earliest and provide proper connectivity for proper effluent flow in order to avoid septic condition.

4) The MCD representative/ authorities was requested to ensure that pipeline laid are not clogged for which de-silting needs to be done from time to time by local agency. MCD representative was also asked for de-silting of existing drain construction at the edge of the ROW in village Khampur for smooth flow of dirty water.”

In compliance of the order, North Delhi Municipal Corporation has filed the compliance report with the fact that the drain under reference is located on Main G. T. Road and pertains to P.W.D. and is of size 2 ½’ X 5’ (feet approx.). This drain comes under the jurisdiction of P.W.D. and is being maintained by P.W.D. and that:-

I. The drain acts as an outfall drain to the internal small drains of the village/colony connected with this drain.

II. At present, the National Highway Authority of India is executing the work of 8 lanes from Mukarba Chowk to Panipat, section of National Highway-44. A 10 Meter wide service road is also being constructed adjacent to the National Highway-44.

III. Due to the ongoing construction activities, the existing drain was disturbed causing obstruction in the flow of storm water from the internal drains.

IV. A joint inspection dated 06.12.2022 was done by the officials of Revenue Department, MCD, NHAI and DPCC, wherein, it was asked to the representatives of NHAI to finish the work of drain at the earliest and provide proper connectivity for proper effluent flow in order to avoid septic condition.

V. The P.W.D. is required to carry of the de-silting of the drain in question, which is of size 2 ½’ X 5’ (feet approx.) and falling under their jurisdiction. However, de-silting of internal drains width 1’ ft to 1½’ inside the colony are being taken up by the Municipal Corporation of Delhi.

In light of above facts, PWD is directed to carry out desilting of the drain in question and inside the colony, desilting of the internal drains, work be taken by the Municipal Corporation of Delhi within a time frame of one month and to ensure that no waterlogging shall take place.

With the above observation, Original Application stands disposed of.