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Judgment
Grievance in this application is against failure to take remedial action against collected garbage and sewage on the bank of U.P. - Agra canal, resulting in damage to the environment. It is stated that the piled-up garbage and flowing sewage is affecting the health of the children studying in the nearby schools, including the Modern Delhi Public School situated at Tigaon Road, Sector-87, Greater Faridabad, Haryana. Apart from municipal garbage, there is also Plastic Waste, Construction and Demolition Waste, Bio-Medical Waste and E-Waste. There is pool of stagnant water giving rise to mosquitoes and having potential for diseases. The applicant approached the concerned authorities but no action has been taken. The applicant has filed photographs showing the collected garbage and waste water.
After seeking response from the State PCB and the Deputy Commissioner, Faridabad, the matter has been considered on several occasions earlier in the last one and a half years. Since the situation did not improve, vide order dated 05.04.2021, further direction was issued for remedial action, including diversion of sewage to STP, rejuvenating ponds including their de-sludging/removal of waste and preventing burning of waste.
In pursuance of above, a report has been filed on 03.11.2021 jointly by the Deputy Commissioner, Faridabad and the State PCB to the effect that steps have now been taken to clean the non-functional sewer line. Waste has been removed. Matter was taken up with the U.P. Irrigation Department with regard to the area under their ownership. Steps have been taken to prevent burning of waste. Relevant extracts from the report are reproduced below:
"3. As per information received from the Municipal Corporation of Faridabad (MCF) vide letter dated 27.10.2021, NOC/administrative approval was sought from competent authority/Executive Engineer (B&R) Public Works Department to execute the task as proposed and mentioned in report dated 23.02.2021. However, said request was denied. Considering the emergent situation at site, request for permission was not persuaded for long, rather, a new strategy was planned i.e. cleaning the already lying sewer line in non-functional position due to clogging etc. and to channelize sewer into this sewer line. Accordingly, said sewer line was cleaned and made functional. Thereafter, flow of sewage was channelized into this line. At present, no sewage is flowing towards area in question from the MCF area. The stagnated water in area in question had also been disposed of as committed in para no. 3 of report dated 23.02.2021.
It has been further informed that while visiting the area in question on 25.10.2021, some Construction & Demolition waste was found which was adjusted in low lying area in question on the evening of 25.10.2021 and morning of 26.10.2021. It was informed that no waste is lying on the area in question, as such, there is no possibility of burning of waste. It is worthwhile to mention here that during said task, official from Irrigation Department, State of Uttar Pradesh objected the task being executed by MCF through KB machine. The said official claimed ownership right over the area in question. Accordingly, Executive Engineer, Div-III, MCF informed the Executive Engineer, Head work Division Agra Canal about the incident and requested that cleaning, removal of encroachment etc. in future may kindly be done by U.P. Irrigation Department itself. It is noteworthy that letters/representations have also been written to State of U.P. and its authorities and annexed with OA as Annexure A-15 to A-18.
After receiving the report from MCF vide Memo dated 27. 10.2021 alongwith photographs, area in question was visited by official of the HSPCB also on the same day. The photographs provided were verified and found true. Copy of Memo dated 27. 10.2021 issued by Executive Engineer, MCF to the Regional Officer, HSPCB, Faridabad is annexed herewith as Annexure-R/1. Copy of Memo dated 26.10.2021 issued by Executive Engineer, MCF to the Executive Engineer, Head work Division Agra Canal is annexed herewith as Annexure-R/2, Photographs taken on 27. 10.2021 are annexed herewith as Annexure-R/3.
It is submitted that for prevention of burning of waste, constituency wise, 5 no. of team has been constituted comprising 5 members each vide office order bearing Memo No. MCF/MOH/2021/178 dated 09.08.2021. Copy of Memo No. MCF/MOH/2021/238 dated 10.09.2021 issued by Medical Officer of Health, MCF is annexed herewith as Annexure-R/4.
It is submitted that with respect to rejuvenation of ponds in Faridabad, it has been reported by the concerned Executive Engineer, MCF vide letter dated 28.10.2021 that no pond exits in area in question pertaining to Irrigation Department, State of Uttar Pradesh. However, progress pertaining to rejuvenation of ponds/water bodies as mentioned in O.A. No.325 of 2015 (Lt. Col. Sarvadaman Singh Oberoi Vs UoI & Or.) and O.A. No 393 of 2019 (as Mahesh Kumar v/s State of Haryana & others) is being monitored by the Haryana Pond and Waste Water Management Authority, Panchkula. Copy of Memo dated 28.10.2021 issued by Executive Engineer (Pond), MCF to the Regional Officer, HSPCB, Faridabad is annexed herewith as Annexure-R/5."
Learned Counsel for the applicants submits that applicants which include a public school and other citizens are also willing to contribute in the matter to supplement the efforts of the State Authorities. There can be no objection to any such contribution. In fact, cooperation and assistance of citizens with the State Authorities can always be helpful in maintaining the environment.
In view of above, the concerned authorities, including Municipal Corporation, Faridabad and Irrigation Department, UP may continue efforts for maintaining the canal and the area in question free from garbage and sewage. The Irrigation Department, UP, Municipal Corporation, Faridabad and concerned PCBs/DMs may make individual as well as collective efforts, with the assistance of voluntary contribution of the citizens, including the petitioners, in the interest of environment and public health. Help of any other authorities may also be taken as and when required.
The application is disposed of.
A copy of this order be forwarded to District Magistrate, Faridabad, Municipal Corporation, Faridabad, Secretary, Irrigation Department, UP, Haryana State PCB and UP State PCB by e-mail for compliance.