PALLA AND ORS vs

1 Item No.

08 Court No.

1 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI Original Application No.

213/2023 Palla & Ors.

Applicant(s) Versus State of Uttarakhand Respondent Date of hearing: 04.10.2023 CORAM: HON’BLE MR.

JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR.

JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR.

A.

SENTHIL VEL, EXPERT MEMBER Respondent: Mr.

Ayush Negi, Adv. for the State of Uttarakhand ORDER 1.

This original application was registered on the basis of the letter petition dated 23.12.2022 sent by the residents of Village Makkhanpur Mehmood Alampur, Shahpur of Tehsil Bhagwanpur, District Haridwar, Uttarakhand with the allegation that the Nagar Panchayat Bhagwanpur was dumping municipal solid waste in river Solani which ultimately meets with River Ganga and was causing huge pollution.

2.

The Tribunal by order dated 28.04.2023 had formed a joint Committee and called for the factual report.

The report dated 21.07.2023 was filed after the inspection on 08.06.2023.

This report was considered by the Tribunal on 25.07.2023.

In the report, it was found that the solid waste generated under the area of Nagar Panchayat Bhagwanpur was being disposed of on the bank of river Solani and the Solid Waste (Management and Handling) Rules, 2016 were not complied with.

3.

The Tribunal accordingly by order dated 25.07.2023 had directed the Chief Secretary of the State to take action for strict compliance of the rules 2 and similar direction to the concerned Collector was also issued with further direction to file the action taken report.

4.

The action taken report dated 27.09.2023 has now been filed and the communication dated 25.09.2023 enclosed alongwith the report reveals that the Nagar Panchayat Bhagwanpur has entered into an agreement dated 25.09.2023 with the Nagar Nigam Roorkee for disposal of the daily generated solid waste of Nagar Panchayat Bhagwanpur which is estimated to be 8-9 tonne per day in the waste processing facility of the Nagar the Nagar Nigam Roorkee at Saliyar.

A copy of the agreement dated 25.09.2023 has also been placed on record.

5.

It is the responsibility of Nagar Panchayat Bhagwanpur to ensure that no further solid waste is dumped on the bank of river Solani and Solid Waste (Management and Handling) Rules, 2016 are complied with.

Further, to ensure that the recovered land is developed for improving river flood/front purpose, with due plantation.

6.

In view of the aforesaid remedial action which adequately redresses the grievance of the petitioner, no further action in the OA is required which is accordingly disposed of.

Prakash Shrivastava, CP Sudhir Agarwal, JM Dr.

Senthil Vel, EM October 04, 2023 Original Application No.

213/2023 DV