The principal bench of National Green Tribunal, NGT in the case Dr. Sanjay Kulshresthra v Govt. of Uttar Pradesh and Ors observed and has directed the Chief Secretary of Uttar Pradesh, in coordination with the other concerned authorities in the State, to taking remedial action with regards to the discharge of pollution in the Yamuna River at Agra.
In the present case, the application was moved wherein expressing the concerns about the discharge of pollution into the Yamuna River at Agra by both the concerned local authority and by the private industrial and commercial establishments.
However, the National Green Tribunal considered the matter earlier in the case Social Action for Forest and Environment, SAFE v. Union of India And Ors in which a joint committee was constituted by the NGT for furnishing a factual report on the matter. The bench comprising of Chairperson, Justice Adarsh Kumar Goel, the Judicial Member, Justice Sudhir Agarwal, the Expert Member, Dr. A Senthil Vel and the Expert Member, Dr. Afroz Ahmad that it is clear from the report that there being a huge gap and deficiencies in the sewage management in Agra.
Therefore, it has also been noted by the Tribunal that several deficiencies, such as the apparent lack of any sewage treatment plant set up since the year 2014 and also the continued discharge of treated sewage into the Yamuna River instead of proper utilization of sewage.
The NGT in the case also considered that issue of solid and liquid waste management compliance in Uttar Pradesh, as per the order given by Apex Court in the case Almitra H. Patel v. Union of India & Ors. for the solid waste management and in the case Paryavaran Suraksha vs. Union of India for the liquid waste, with regards to O.A. No. 606 of the 2018 and compliance with the Municipal Solid Waste Management Rules, 2016, as well as that of the other environmental concerns.
The court while considering the facts and circumstances of the case observed and has held that the that gaps in the generation and treatment of solid and liquid waste must be addressed quickly, in accordance with the timelines being specified by the relevant statutory rules and also the judgements of Supreme Court. The court also stated that the officers are responsible for any failure in compliance must be held accountable.
It has also been directed by the Tribunal that the Chief Secretary of Uttar Pradesh, in coordination with other concerned authorities in the state in order to ensure the remedial action to be taken in the case.
The National Green Tribunal in the case observed and has recommended that a special meeting of concerned officers be convened which is preferably to be within the period one month, to consider several actions, which includes ensuring all existing 9 sewage treatment plants, STPs are fully being utilized and compliant with standards, utilizing treated effluents for secondary purposes with the defined sources areas, the intercepting and diverting untapped and partially tapped drains to the STPs, wherein evaluating the performance of in-situ projects and also conducting fortnightly monitoring of existing wastewater treatment.
It ahs also been ordered by the NGT that an action taken report be filed within four months.
Further, the Tribunal directed in the case that to follow the pattern of the order in the case Rajesh Pareek v. State of Uttar Pradesh, wherein the CPCB may file a report on chlorination, ferti-irrigation, the performance of sewage treatment plants, STPs and in-situ remediation projects at Agra.
Accordingly, the matter is listed to be next heard on 23.08.2023.
The counsel, Shraddha Kulshresthra appeared for the Applicant.
The counsel, Shivangi Kumar represented the Respondent.
