Tribunals and CommissionsDivision Bench(2022) 11 NGT CK 0053

Radhey Shyam & Ors vs State of Haryana

National Green Tribunal · Decided on 24 November 2022

HON’BLE JUDGES
Arun Kumar Tyagi, JM · Dr. Afroz Ahmad, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 79 Of 2022 (I.A. No. 233 Of 2022)

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Judgment

12 paragraphs · 596 words

Application is registered based on a complaint received by Post.

1.

The grievance of the applicants, who are the residents of Omaxe City, Phase-1, Palwal, Haryana, is that though there is a sewerage line but the same is not connected with the main line. A temporary STP has been installed but the same is non-functional. Only a pump set has been installed in the STP which releases all the waste water in the colony causing air pollution. The applicant have further submitted that most of the time, STP pump is not functional as a result of which the water from the sewer flows on to the road which causes bad odour and breeding ground for mosquitoes. It is further submitted that sewer waste water has been connected to the rain water harvesting line which is polluting underground water. It is also submitted that at times, the sewer line over flows and waste water gets stagnated in and around the houses which is a health hazard. The applicants have also attached some photographs which show the grievance is grave and serious in nature.

2.

Vide order dated 03.02.2022, this Tribunal constituted a Joint Committee and directed the same to submit factual and action taken report within three months.

3.

In compliance thereof, Regional Officer, Palwal Region, HSPCB has sent report of the Joint Committee vide letter dated 11.10.2022 through email dated 11.10.2022.

4.

In view of the averments in the application and observations in the report of the Joint Committee, we consider it appropriate to have response of (1) State of Haryana through Chief Secretary, Government of Haryana, (2) State PCB, (3) HSVP, (4) District Magistrate, Palwal and (5) the Project Proponent- M/s. Omaxe City, Palwal, who stand impleaded as respondents No. 1 to 5. The Registry is directed to prepare and attach memo of parties to the application. Since respondents No. 2 and 5 are already appearing before this Tribunal, notices be issued to respondents no. 1, 3 and 4 requiring them to file their reply/response within one month at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.

5.

An I.A No. 79/2022 for impleadment has been filed on behalf of M/s. Omaxe Limited but the same is disposed of as having become infructuous as the Project Proponent is already ordered to be impleaded as one of the respondents alongwith others.

6.

Mr. Rahul Khurana, Advocate for respondent No.2-HSPCB and Mr. Tarun Sharma, Mr. Kshiti Nim and Mr. Abid Ali, Advocates for respondent No. 5-the Project Proponent seek time to file reply/response to the averments made in the application and observations/recommendations made in the report of the Joint Committee.

7.

Reply/response on behalf of the HSPCB and the Project Proponent-M/s. Omaxe City, Palwal be filed within one month at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.

8.

Respondent No.2 HSPCB is directed to give details in its reply regarding compliance with consent conditions by the Project Proponent and respondent No. 5- the Project Proponent is directed to mention in detail its Action Plan regarding compliance with the consent conditions, grievances made, deficiencies noticed and recommendations made.

9.

Respondent No. 3-HSVP shall mention in its reply its Action Plan for providing requisite infrastructure including main sewer line and management and disposal of solid waste and domestic and industrial effluent.

10.

List the matter for consideration on 14.02.2023.

11.

A copy of this order be sent to the applicant and all the respondents by email for information/compliance.