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Judgment
The main question raised in this application is relating to the environment highlighting the concretization on the side of the roads and around trees happening in various areas of Vrindavan like Banke Bihari Colony, Ramanreti, Kailash Nagar, Chaitanya Vihar and along Yamuna Parikrama Marg in violation of the orders of this Tribunal in OA No. 165/2013, Akash Vashishtha vs. Union of India and the G.O. dated 23.03.2018 issued by the State of Uttar Pradesh. The following authorities have taken up concretization projects in different parts of Vrindavan as narrated by the applicant:
i. Mathura – Vrindavan Development Authority – Kailash Nagar.
ii. Nagar Nigam Mathura-Vrindavan Banke Bihari Colony and parts of Ramanreti (near Maheshwari Seva Sadan and Shyama Shyam Dham);
iii. Public Works Department – Ramanreti Main road’
iv. Rural Engineering Services of Uttar Pradesh – near ISKON Gaushala in Ramanreti.
It is contended by the learned Counsel appearing for the applicant that concrete is being used beyond the area of roads without leaving any space for kucha area, drains or footpaths. According to the G.O. dated 23.03.2018 of the State of Uttar Pradesh, optimum space has to be left on both sides of the road, specific width of footpaths has to be maintained and footpaths have to be constructed of a certain material. However, the authorities of Vrindavan have committed blatant violation of the G.O. by not following these provisions of the G.O. In addition to that, concretization around roadside trees has taken place without leaving enough space around them, in violation of the Order of the Tribunal (Aditya N. Prasad v. Union of India (OA No. 82 of 2013)) as well as the Hon'ble High Court of Delhi (Kalpavnksh v. Union of India (Writ Petition (Civil) No. 1772 of 2007) and S. C Jain v. Union of India (Writ Petition (Civil) No. 11162 of 2009)).
The matter was taken up by this Tribunal on 13.07.2022 and a Committee was constituted to submit a factual and action taken report.
In compliance thereof, the Joint Committee inspected the area on 18.05.2022 and has submitted report vide email dated 08.07.2022. The relevant part of the report is reproduced here under:-
“ 3. Factual Status Report
Site inspection was conducted by the joint committee ON 18.05.2022 (Annexure-4) in the presence of applicant, Shri Vijay Kishore Goswami (The petioner). Major findings of Site inspection of the inspection committee are as follows:-
• In Chaitanya Vihar, from Bhagwat niwas building to jagat guru kripalu parishad sansthan the road length is about 600 meters. whose width varies from 10 meters to 11 meters.It was found to have been concretized.(photographs annexed).
• In Ramanreti, the road length of about 1.0 km having width as 11 meters from Thakur ji ashram to radha krishna Pathak bageechee was found to have been concretized.(photograph annexed).
• In Ramanreti-Banke Bihari Colony, road length of about 1.0 km having width as 11 meters from nagar nigam park to banke bihari colony was found to have been concretized. (photographs annexed).
• In Kailash nagar, the road length of approx. 2.0 km having width from 10 meters'to 12.5 meters from dauji bageechee to sabji mandi was found to have been made with interlocking tiles completely. (photographs annexed).
• Yamuna parikrama marg is about 5.0 km in length is a Darner road (Coal Tar) and footpath has been made with interlocking tiles.
The inspection committee recommended that:-
On the basis of site inspection report, it was observed prima facie that Chaitanya vihar, ramanreti and banke bihari colony roads have been concretized completely. Kailash nagar road is made with interlocking tiles and parikrma marg footpath has been made with interlocking tiles. Hence in context of violation of directions of Hon'ble NGT OA No. 165/2013 Akash vasistha Vs Union of India order dated 05.07.2016 and further Nagar vikas anubhag-5, U P govt. G.O. dated 23.03.2018, notices should be issued to all concerned executive agencies viz. Mathura-Vrindawan Nagar Nigam, Mathura-Vrindawan Development Authority, Public works department and UP Rural Engineering Services, Mathura to get their replies.
Action Taken Report
1) On the basis of the report of site inspection committee dated 18.05.2022 , notices were issued to all concerned executive agencies viz. Mathura-Vrindawan Nagar Nigam, Matura-Vrindawan Development Authority, Public works department and UP Rural Engineering Services, Mathura to get their replies dated 24.05.2022 through designated nodal agency viz. SPCB officer. (Annexure 5).
2) Replies were received from concerned agencies as follows:
i) Executive Engineer, Rural engineering services, Mathura vide letter dated 16.06.22 (Annexure-5) informed that department has not conducted any work on the above mentioned locations.
ii) Chief Engineer, Mathura-Vrindawan Nagar Nigam vide letter dated 23.06.22 (Annexure-6) informed that Chaitanya vihar & Kailash Nagar colony/areas have been developed by Mathura-Vrindawan development authority, CC and interlocking tiles work was done and was handed over to Nagar Nigarn in year 2021. In Banke Bihari colony, road is constructed prior to propagation of G.O., only maintenance of CC roads are being done.
iii) Chief Engineer, Mathura-Vrindawan development authority vide letter dated 28.06.2022 and 01.07.2022 (Annexure-7) has informed that In Kailash nagar, the road length approx, 2.0 km whose width varies from 10 meters to 12.5 meters from dauji bageechee to sabji mandi is made with interlocking tiles completely in year 2014-15. G.S.B. and interlocking tiles have been used for carriage way and footpath. This activity is done prior to the G.O. dated 23.03.2018 and directions will be complied with in future work.
iv) Executive Engineer, Provincial division, Public Works Department, Mathura vide letter dated 28.06.2022 and 30.06.2022 (Annexure-8) has informed that In chaitany vihar and ramanreti, old road is maintained with 15 cm CC work by the department and area around plantation has been kept earthen. On Yamuna parikrama marg, After 2018 no interlocking work is performed on footpath while earthen footpath is developed by braj teerth vikas parishad in place of interlocking tiles. No violation of G.O. is being done on the above two roads.”
Notices were also issued to the respondents to file replies.
Respondent No. 4 has submitted that the road in Banke Bihari Colony connecting Nagar Nigam Park to Banke Bihari Colony is constructed by the Mathura Vrindavan Nagar Nigam which is of length of about 1.0 km having width as 11 metres and it was constructed prior to enforcement of the G.O. dated 23.03.2018 issued by the Government of Uttar Pradesh.
Respondent No. 3, Mathura Vrindavan Development Authority in its reply has submitted that this was done prior to enforcement of the G.O.
Learned Counsel appearing for the applicant has argued that the G.O. dated 23.03.2018 also prohibits the use of inter-locking tiles for construction of road side. In compliance of order dated 02.09.2015 passed in OA No. 165/2013, a letter no. 1022 dated 23.03.2018 was issued by the Joint Secretary, Govt. of Uttar Pradesh which provides the directions as follows:
“1. NATURAL RESIDUE - DEVELOPMENT WORK OF NATURAL RESERVOIRS PONDS AND LAKES IN URBAN AREAS
(a) By raising clay revetment around reservoirs, ponds and lakes and then fly ash. brick/straight over burnt bricks/permeable or semi-permeable perforated blocks can be raised/put in maximum width of 2.10 meters only. Cement, concrete, interlocking tiles and black top road will be absolutely prohibited.
(b) For the purpose of using reservoirs, ponds effectively for rain water harvesting, provisions will be made for disposal of drainage of around the area as far as possible in these reservoirs, but flow/discharge from the industrial areas be connected Into it after proper treatment only.
2 MASONRY (PUCCA) CONSTRUCTION IN PARKS
(a) For footpaths, only Stabilized Sall/Coarse Sand/Granular Sub Base (G.S.B.) should be used in the given. preference. The purpose of drain, sewage and other infrastructure
Professor B. Bhattacharya, I.I.T. Delhi with all concerned members expressed their consent on aforementioned proposal.
4 In connection with above, government has taken decision for taking action as under
NATURAL RESIDUE - DEVELOPMENT WORK OF NATURAL RESERVOIRS PONDS AND LAKES IN URBAN AREAS
(a) By raising clay revetment around reservoirs, ponds and lakes and then fly ash. brick/straight aver burnt brick / permeable or semipermeable perforated blocks can be raised/put in maximum width of 2.10 meters only. Cement, concrete, interlocking tiles and black top road will be absolutely prohibited.
(b) For the purpose of using reservoirs. ponds effectively. for rain water harvesting. provisions will be made for disposal of drainage of around the area as far as possible in these reservoirs, but flow/discharge from the industrial areas be connected into it after proper treatment only.
MASONRY (PUCCA) CONSTRUCTION IN PARKS
(a) For footpaths, only Stabilized Soil/Coarse Sand/Granular Sub Base (G.S.B.) should be used in the given preference.
(b) The total area used for boundary wall, footpath-fountain, works being done by infrastructure like public utility should not exceed more than 5 percent of total area of the concerned park.
CORNERS OF ROAD (ROADSIDE)
(a) Except the carnage way, on both sides of roads, perforated blocks/fly ash brick/straight over burnt bricks can be used only in maximum width of 0.50 meter.
(b) Roads for which footpaths have been provisioned, on those roads perforated blocks/fly ash/straight over brunt brick should only be used on footpaths.
(c) Roads for which footpaths have been provisioned, on footpaths, on granular sub base/, W.M.M. (Wet Mix Macadam) interlocking tiles/brick-on-edge (Kharanja) may be used. Maximum width of footpath can be 1.50 meter only. Remaining portion of roads would be left vacant for the purpose of drain, sewage and other infrastructure facilities.
In this connection, I am directed to state that action may please be taken according to decision taken by the Government. If municipal bodies have framed any ode/bylaws in this regard, carrying out amendment may please be taken into consideration accordingly.”
Further contention of learned Counsel appearing for the applicant is that:
“16. The Urban Greening Guidelines, 2014 issued by the Town and Country Planning Organization, Ministry of Urban Development dated February 2014 has stated that for tiling of pavements on side of roads, only pervious material has to be used. It has stated:
“Unnecessary and excessive tiling of the roadside pavements should be avoided. The area around trees should not be covered with tiling as it hampers the basic necessary functions and needs of the trees. In addition root aeration and availability of water gets drastically reduced. Whatever tiling is done, pervious tiles should be used. Roots of the trees should be protected, top soil should be preserved while taking up civic works. Indiscriminate tiling of road dividers and foot paths should be avoided.”
That the Guidelines also state that tiling has to be done only on pavements with heavy pedestrian traffic and in areas with no pedestrian traffic, tiling must be avoided. Relevant part is reproduced below:
“Tiling is to be done only on pavements with heavy pedestrian traffic. In case of bridges and such areas where there are no pedestrian movements, tiling may be avoided and in case tiling is to be done, preference is to be given to pervious tiles. The species of trees may be chosen for their pollution reduction and abatement qualities including dust trapping and to avoid reliance of a single species, a combination of trees, shrubs, grass should be grown.”
The Mathura Vrindavan Development Authority has filed the action taken report dated 08.04.2023 to the effect that Mathura Vrindavan Development Authority has constructed road in Kailash Nagar from Dauji ki Bagiji to Sabji mandi. Along with the Road, the carriage way and the footpath were also constructed with interlocking tiles. Pursuant to the aforesaid direction, MVDA is undertaking the work as per the directions of this Hon'ble Tribunal of de-concretizing at least one meter space around the trees. There are in all 56 trees/plants on the said stretch of road. The removing of the concrete tiles has been undertaken for major part and is still underway, which is likely to be concluded within a couple of days. After removal, the authority has directed the concerned officials to strengthen the uneven/irregular edges. The said work is likely to be concluded within a week.
Response of Respondent No. 2, Public Works Department, Mathura is to the effect that in Chaitanya Vihar and Ramanreti old road is maintained with 15 cm cement concrete work which was done by PWD in the old damaged surface. No widening work has been done on the road and the area around plantation has been kept earthen. Further on Yamuna Parikrama Marg, after year 2018, no interlocking work has been carried out on footpath while earthen footpath is developed by the Braj Teerth Vikas Parishad in place of interlocking tiles.
Reply submitted by Department of Rural Engineering discloses that no work of concretization or construction has been allotted to the Rural Engineering Department and no work has been carried out in the areas of Banke Bihar Colony, Raman Reti, Kailsah Nagar and Chaitanya Vihar along with Yamuna Parikrama Marg by the department. Thus, on the basis of above, IA No. 621/2023 has been filed with the prayer that the amount of cost which was imposed vide order dated 02.05.2023 on the department should be waived.
In view of above facts, I.A. No. 621/2023 is allowed and amount of penalty is waived.
Learned Counsel appearing for the applicant has further pressed directions of this Tribunal dated 23.04.2013 passed in OA No. 82/2013, Aditya N. Prasad v. Union of India, guidelines dated 21.07.2000 and Action Plan for Flood Proofing of Cities/Towns dated 03.09.2013 issued by Ministry of Urban Development and letter to the Chief Secretaries of all States dated 23.09.2013 providing guidance for green areas and landscaping. Ministry of Urban Development and Poverty Alleviation Guidelines dated 21.07.2000 states that porous materials to be used, tiling to be done only on pavements which have heavy pedestrian traffic, growth of grasses to be encouraged, excessive pruning to be avoided, compost to be made of leaves, adequate space to be left around trees, digging near trees to be avoided and these precautions to be taken by the departments concerned. When developments are proposed to take place on, or which are likely to impact on, sacred sites and on lands and waters traditionally occupied or used by indigenous and local communities, personnel associated with such developments should recognize that many sacred sites, and areas or places of other cultural significance may have important functions with respect to the conservation and sustainable use of biological diversity and, by extension, the maintenance of the natural resources upon which such communities rely for their well-being.
It is further contended that kucha areas and soil is an ideal habitat for the cattle and other animals. Conversion of kucha area into concretized surfaces leads to the cattle suffering injuries due to excessive heat in summers and excessive cold in winters. These hazardous impacts of concretization can be curbed if concretization is done where necessary and other areas are left kucha.
The reply submitted by the respondents and the report of the Committee reveals that after issue of Notification by the State of Uttar Pradesh in 2018, no construction has been taken to concretize the area and G.O. is regularly being complied. Non-compliance has not been reported after 2018. However, we direct that the G.O. issued by the State of Uttar Pradesh with regard to concretization and Guidelines issued for Greening of Urban Areas and Landscaping must be complied in letter and spirit.
With the above observations and direction, Original Application stands disposed of.