NGT pulls up Uttar Pradesh Govt over pollution in River Hindon; Seeks action taken report by June 30

Read Time: 06 minutes

Synopsis

The tribunal underscored that despite earlier directions, the river continues to be highly polluted in the entire length of its travel.

In an application against failure of administrative authorities and statutory regulators in preventing and remedying pollution of River Hindon in Uttar Pradesh, the National Green Tribunal, Delhi recently ordered immediate remedial action to control the pollution in the river. 

The bench of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal (Judicial Member), and Dr. Senthil Vel (Expert Member) directed a joint Committee headed by Chief Secretary, Uttar Pradesh with the involvement of MoEF&CC, NMCG, CPCB, State PCB, and other concerned authorities to take remedial action for control of pollution of Hindon without further delay and also to deploy field monitoring teams to assess the real ground situation.

Hindon river originates from Shakumbhari Devi Range, Upper Shivaliks in District Saharanpur and crosses through Districts Muzzafarnagar, Shamli, Meerut, Baghpat, Ghaziabad of Western Uttar Pradesh before merging with Yamuna river in District Gautam Budh Nagar.

It is a completely rain-fed river, supported by a network of marshes and wetlands across its length during non-rainy seasons.

The tribunal had issued directions in 2018 for an action plan by a four-member committee for the restoration of the polluted stretch of the river. 

However, the tribunal noted that in pursuance of the directions, an action plan had been prepared, but nothing substantial had been done on the ground level.

"The river thus continues to be highly polluted in the entire length of its travel, particularly in District Ghaziabad and Gautam Budh Nagar," the tribunal underscored.

The tribunal further highlighted that the grievance in the application was that in spite of the categorical direction, the authorities in the State have failed to take any meaningful action and are thus neglecting their Constitutional duty.

Further, taking note of the reports on the condition of the river, the tribunal noted, "it is patent that there is rampant unregulated industrial and sewage pollution and neglect by the authorities in the State of UP. No meaningful action is being taken errant industries and local bodies. Neither prosecution nor erring industries have been closed nor adequate compensation to meet the cost of restoration with deterrent element considering financial capacity of the industries has been assessed and recovered".

"There is thus patent violation of the judgment of Hon’ble Supreme Court inter alia in Paryavaran Suraksha (2017) 5 SCC 326 and directions of this Tribunal inter alia in O.A. No. 593/2017, OA 673/2018 and O.A. No. 606/2018," the bench, therefore, held. 

Accordingly, to deal with the situation, court formed the committee as abovementioned and directed that the said remedial action will involve assessment of compensation against erring industries for past violations equal to 10% turnover but not lower than the assessed cost of restoration, closure of units which are continuing to cause pollution, prosecution of the owners of the industries under the provisions of the Water (Prevention and Control of Pollution) Act, 1974, following due process of law.

Moreover, the tribunal asked for the action taken report complete in all aspects to be filed on or before June 30, 2023.  

Case Title: Abhisht Kusum Gupta v. State of Uttar Pradesh & Ors.