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Judgment
This Original Application was registered under Sections 14 and 15 of National Green Tribunal Act, 2010 on the basis of letter petition dated 10.01.2023 sent by one Virender Kumar Tyagi with the allegation that the promoter of M/s Indus Valley has set up Sheel Kunj colony in Village Mukkarabpur, Palhera, District Meerut. The allegation was about illegal discharge of sewage water from the colony through PVC pipeline passing through agricultural land in a storm water drain without treatment. It was alleged that inspite of knowledge Meerut Development Authority and UP Pollution Control Board (UPPCB) had not taken any action.
The Tribunal taking note of the grievance by order dated 28.04.2023 had constituted the joint Committee with a direction to the Committee to furnish the report on the following terms:
“xxx……………………………………..xxx…………………………..xxx
In our view, a substantial question relating to environment due to implementation of Scheduled Enactments under NGT Act, 2010 has arisen but before taking any further action in the matter, we find it appropriate to obtain a factual report for which purpose we constitute a joint Committee comprising State PCB and District Magistrate, Meerut who shall visit the premises, collect relevant information and submit a factual as well as action taken, if any, report within two months by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.”
The Tribunal in the order dated 27.07.2023 had noted some prima-facie violations and granted time to the UPPCB for filing the reply and report and take requisite action.
The UPPCB in compliance of the order of this Tribunal had filed the factual and action taken report disclosing that presently the sewage of whole Sheel Kunj colony is being sent to Pallavpuram STP for treatment and storm water drain of the colony is connected with outer storm water drain. The report of UPPCB in this regard reads as under:
“Presently sewage of the whole Sheelkunj Colony is being sent to Pallavpuram STP for treatment. Laying of additional external Sewer line to the STP is contested and objected by the applicant/ representative of Pallavpuram Residence Welfare Associations. Storm water drain of the Sheelkunj Colony is connected with outer storm water drain laid by Meerut Development Authority, Meerut which ultimately meets in discharge drain of Pallavpuram STP.”
The following conclusions have been recorded in the report:
“Conclusion :-
The said colony having total land area 27.517 Hectare is not covered by EIA notification no. S.O.-1533 dated 14-09-2006 and provisions made thereunder and hence provisions of obtaining Environmental Clearance are not applicable for the Township and area developments project, township and area development projects of area ≥ 50 Hectare or built up area ≥
150000 Sq. Mtr. are covered under category 8(b) of the EIA notification, 2006 (Annexure-09).
Sewage of the whole Sheelkunj Colony is being sent to Pallavpuram STP for treatment. Laying of additional external Sewer line to the STP is contested and objected by the applicant/representative of Pallavpuram Residence Welfare Associations. Sewer line of the colony is mentioned in completion drawings annexed as annexure no. 02, 04 & 06.
Storm water drain of the Sheelkunj Colony is connected with outer storm water drain laid by Meerut Development Authority, Meerut which ultimately meets in discharge drain of Pallavpuram STPs. Storm water lines, water supply lines and sewer lines were verified according to completion drawing. Sewer line of the colony is mentioned in completion drawings annexed as annexure no. 02, 04 & 06.
This is to clarify that in last inspection dt. 19.07.2023, sewer flow was noticed in main hole of storm water drain laid by project proponent which meets in discharge drain of Pallavpuram STPs. In this regard the representative present at time of inspection clarified that Pallavpuram main drain was flooded on 19.07.2023 and hence due to back flow of storm water drain laid by MDA, sewage was found. No any internal sewer line is laid in that gradient. During latest inspection on 04.08.2023, no sewage was noticed in storm water drain. In this circumstances, responsibility for imposition of Environmental compensation for the past violation may not be fixed for willful discharge.”
The above conclusions clearly reveal that the concerned colony is not covered by EIA Notification dated 14.09.2006. Hence, the provisions of obtaining Environmental Clearance are not applicable. In the report, no violation in respect of discharge of untreated sewage has been found. The above report has not been disputed or contested.
Having regard to the said report, we are of the opinion that no further action is required to be taken in this OA.
The OA is accordingly disposed of.