NGT came down heavily on UP Government for failing to stop the dumping of sewage and untreated water in the Upper Ganga Canal by slapping a fine of Rs 25 lakh for this inaction.
The Bench headed by NGT Chairperson Justice Adarsh Kumar Goel said adequate steps have not been taken for proper waste management and its treatment.
The Bench made it clear that clean environment is a fundamental right and the indifference of the authorities has to be dealt with coercive action.
“The Chief Secretary may furnish progress report to this Tribunal. Having regard to the serious implication on public health, the matter must be seen with due attention from the highest level of authorities instead of being left to the lowest level”, the Bench said.
NGT noted the submission of the state government that a sewage treatment plant at Nirwari will be completed within six months and asked the urban development ministry to give an undertaking with a performance guarantee of 35 lakh.
Vivek Tyagi, a local resident of Niwari nagar filed a plea before NGT alleging that Niwari Nagar Panchayat has illegally constructed a drainage system to Upper Ganga Canal belonging to UP Irrigation Department.
The Applicant stated that “Niwari Nagar Panchayat has illegally opened the municipal drains into two ponds which are polluting the water body resulting in contamination of the ground water. Not only this, even some municipal garbage generated from the town is being dumped in the said two ponds, which is threatening the existence of these water bodies.”
M C Mehta v. Union of India 1985(Ganga Pollution case) deserves a special mention here as this was the PIL which brought to the attention of the authorities the negligent condition the Ganga river was in and the need to protect our environment. Since then several cases have surfaced before courts and even NGT regarding polluting of rivers and destruction of environment. In a similar incident in 2017, NGT imposed 5 crore compensation on Art of Living foundation for damaging Yamuna floodplains.
Courtesy/By: Sonali Tiwari
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07 Feb 2019
