Report on Grievances of Residents of Vaishali Due To

REPORT ON

GRIEVANCES OF RESIDENTS OF VAISHALI DUE TO WASTE WATER IN SAHIBABAD DRAIN (Matter referred by the Hon’ble NGT to YMC)

Under the aegis of

YAMUNA MONITORING COMMITTEE

NATIONAL GREEN TRIBUNAL, DELHI

DEPARTMENT OF ENVIRONMENTAL ENGINEERING

DELHI TECHNOLOGICAL UNIVERSITY DELHI

December 2020

SCOPE

The monitoring committee for abatement of pollution in the river Yamuna, created under the direction of National Green Tribunal (NGT), has deputed a team of faculty members from the Department of Environmental Engineering, Delhi Technological University, Delhi & Mr R.S. Tyagi, Expert Technical Advisor to YMC to:

1. Inspect the entire alignment of Sahibabad Darin along with the concerned officers of U.P. Govt. and the aggrieved residents of Vaishali. 2. Assess the progress & completion date of various projects to reduce the pollution in Sahibabad drain. 3. See action taken by various authorities against the polluting industries in conforming and non conforming areas. 4. Team members and officers of U.P. Govt. present in the inspection on 31-12-2020:

Yamuna Monitoring Committee team:

1. Prof. S.K. Singh Head of Environment, DTU (Present in VC meeting) 2. Sh. R. S. Tyagi Former Member, Delhi Jal Board, Delhi

REPRESENTATIVES FROM U.P. Govt.: I. Sh. Sanjay Gautam: G.M. U.P.J.N. Ghaziabad II. Sh. Akash Tyagi: EE (APD) U.P.J.N. III. Sh. Saurabh Kumar: EE (E&M) U.P.J.N. IV. Sh. Amit Kumar : Project Manager U.P.J.N. V. Sh. B.K. Singh: UPPCB VI. Sh. Yogendra Singh Yadav: EE Ghaziabad Nagar Nigam

Aggrieved Residents of Vaishali & Brijvihar:

I. Sh. Sunil Vaidya II. Sh. Vimal Chandak III. Sh.S.K. Gaur IV. Sh. Deepak Maheshwari V. Sh. Harminder Singh 3. Background of the case: Vide O.A. No 276 OF 2020 U/S 18(1) RIW SEC 14, 15, 16, & L 7 OF N.G.T ACT, 2010 IN THE MATTER OF: MOHAN SINGH & ORS VS. STATE OF UTTAR PRADESH & ORS(At Annexure-I), the residents of Vaishali, Ghaziabad filed an application before the Hon’ble NGT reg. suffering due to the immense pollution caused due to Sahibabad drain.

This drain starts from the Loni area of District Ghaziabad, passes through the Sahibabad industrial area and ends at Kalindi Kunj, NCT of Delhi by emerging in River Yamuna, and hence Sahibabad drain near Vaishali

polluting it at large. This drain Figure 1 carries with it toxicated and untreated industrial effluents from the Sahibabad industrial area and sewage thereby posing huge air and water pollution and causing an adverse impact on the environment and on the public health too. A huge quantity of garbage is being deposited at various points in the drain which is imparting a very ugly look to the drain and is also stagnating its flow. As a result foul smell & dangerous gases are generating which is creating unhygienic conditions and is also impacting the health of the residents which is making them adapted to various harmful diseases, making it totally miserable for the residents of that area to live. The residents are not only subjected to living in such inhospitable conditions but they are also bearing the ill effects of living right near to such a big and polluted drain. This drain is continuously giving rise to the catastrophic consequences like air pollution, water pollution, land pollution, soil pollution and much more. The people residing in the adjoining areas are getting adapted to the harmful health hazards like cancer, dysentery, respiratory problems and much more which are arising due to the said drain. In addition to this, the foul gases in the presence of moisture are adversely affecting the functioning of the house-hold appliances like refrigerators, air-conditioners, utensils etc., of the residents living in the neighborhood of the drain. The lives of the residents of Vaishali have become miserable by living in such unhealthy and pathetic environment. The applicants along with other residents many times visited the offices of the authorities, but none of them responded to their requests. They also sent several representations but still, no action has been taken so far in this regard. Thus, the Applicants have approached this Honorable Tribunal, desiring actions on the part of the respondent authorities to prevent and remedy such pollution emerging from this drain and affecting the public health and environment, in order to enforce the right of citizens to clean environment. i. Order of Hon’ble NG.T. Dated: 9.12.2020 (Enclosed at Annexure-II): Grievance in this application is against absence of maintenance of Sahibabad drain starting from

Loni area in District Ghaziabad, passing through Sahibabad Industrial Area and ending at Kalindi Kunj, Delhi. ii. The Tribunal has already dealt with the issue in O.A. No. 06/2012, Manoj Mishra v. Union of India & Ors., and issued directions. The compliance of the directions is being monitored by a Committee appointed by this Tribunal comprising of Ms. Shailaja Chandra, former Chief Secretary, Delhi and Mr. B.S. Sajwan, former Expert Member of NGT. iii. Accordingly, the applicants are at liberty to move the said Committee to present their grievance which may be looked into by the Committee. They are also free to approach the concerned authorities in the light of orders already passed. The application stands disposed of. A copy of this order be forwarded to Ms. Shailaja Chandra, Chairman of the Committee by e-mail for compliance. 4. Sahibabad Drain: This is a natural storm water drain meant for carrying only rain water. But, it carries domestic sewage of unauthorized and authorized colonies, industrial waste discharged from Conforming and non-conforming Industrial areas and solid waste being dumped by the residents nearby. As per the Alignment Plan, the waste water comes from Zone-I to Zone-IV (categorized temporarily for explanation). Zone-I: Comprises of the unauthorized and unsewered colonies on the north side of Wazirabad Road i.e. Pasonda village, Mausam Vihar, Panchsheel, Sikandarpur, Friends Colony, Bhumia Mohalla, Prem Garden, Harsh Vihar, Gagan Vihar B-Block and Bhopura etc. The mix discharge of domestic sewage and industrial

4 Catchment area of Sahibabad drain Figure 2 waste from illegal industries in residences flows into Sahibabad drain. Zone-II: Colonies between Wazirabad and G.T. Road i.e. Rajender Nagar, Shalimar Garden, Janakpuri, Raj Bagh, Shahidnagar and Lajpatnagar. These colonies are planned and sewered. A new pump house of 17 MLD Capacity has been constructed to cater to the sewage discharge of this Zone. Only domestic sewage generates in this area except some dairy discharge from some portion. Zone-III: Most of the industrial areas between Madan Mohan Malviya Marg and G.T. Road i.e. Prakash Industrial Estate & Sahibabad Industrial area fall under this zone. The industrial waste (treated and untreated industrial waste) is discharged into Sahibabad drain Zone-IV: This zone comprises of mainly planned and sewered colonies i.e. Vaishali, Kaushambi, Vasundhara & Indirapuram. The domestic sewage from this zone is pumped directly to Indirapuram STPs through Indirapuram 48 MLD sewage Pumping Station. Alignment: This drain starts form unauthorized colonies and villages on North of Loni-Wazirabad Road. After passing crossing Wazirabad Road, it passes through Rajender nagar /Shalimar Garden and after crossing G.T. Road, it enters Sahibabad Industrial area and runs parallel to Delhi Link road. After crossing Link road, it enters Vaishali & passes through Indirapuram. UPJN has proposed to trap this drain at this point. After treatment of around 74 MLD waste water of this drain, the treated effluent will be discharged into Hindon River on D/S of NH-24. Alignment of Sahibabad drain The bed of the Sahibabad drain is Figure 3 kacha and many culverts are of inadequate size creating bottleneck to the flow of drain. Quality: From the test report (Annexure-IV), the COD in this drain on U/S of Vaishali varies from 896 to 1560 PPM which reduces to at the inlet of Inidirapuram STP. Hence, industrial waste from Sahibabad Industries is being

discharged on upstream side which is being diluted by treated effluent at D/S may be coming from functional ETPs. 5. Action Plan of U.P. Govt.(Enclosed at Annexure-III): U.P. Jal Nigam: Entire sewage flowing from sewered areas into Sahibabad drain will be plugged with the following schemes: a) The flow in Sahibabad drain was measured by U.P.J.N. as 90 MLD. The existing STP of 74 MLD capacity in Indirapuram is not being operated at its full capacity due to inadequate capacity of the final treated effluent channel which carries combined effluent from three STPs discharging total effluent of 186 MLD, if all the three STPs run at full capacity. In order to solve this problem, the work of laying of 1800 mm diameter effluent line from74 MLD STP Indirapuram to storm water drain situated along NH-24 is being undertaken for disposing combined effluent of all three STPs. Total 2500 mtr. Pipe line was to be laid. The work has been almost completed except one stretch crossing existing drain in Indirapuram which is expected to be completed by 10th January 2021. b) Remaining 16 MLD discharge (90-74) will be pumped through Intermediate Pumping Station of 17 MLD capacity at Vijay Park in Shalimar Garden into existing 20 MLD capacity Sewage Pumping Station at J-Point, which will further pump sewage to Indirapuram STP of 56 MLD Capacity under rehabilitation. The work has been completed except charging of SPS with electricity, which is likely by 20 th January 2021. However, the SPS has been commissioned with the help of D.G. Set installed permanently at SPS. c) Renovation works of 70 MLD STP Dundahera, 56 MLD STP at Indirapuram and 30 MLD STP Loni: -Renovation works of 70 MLD STP Dundahera, 56 MLD STP Indirapuram are under progress and will be completed as per schedule i.e. up to dt. 28-02- 2021. Renovation works of 30 MLD STP Loni has been started from 16-12-2020 and will be completed by 31-03 -2021. Earlier completion date for construction of 32 KLD FSTp, Loni was 3I-12-2020. Due to Covid-l9, the works of 32 KLD FSTP are delayed. Civil works have been completed. E&M works and campus development works are in progress and FSTP will be commissioned by 3l-01-2021. Construction of 50 KLD FSTP, Ghaziabad will be completed as per schedule date: 30-04-2021. d. Indirapuri and Banthla Canal Drain : Revised D.P.R. has been prepared for Interception & Diversion works and 60 MLD Sewage Treatment Plant at Loni with provision of Additional unit for (DAF System) removing 30 - 40% additional load of BOD/COD due to Industrial waste and has been sent to Chief Engineer (Ganga), U.P. Jal Nigam, Lucknow on 30.12.2020.

Nagar Nigam Ghaziabad: In the VC meeting held on 29-12-2020, it was informed by the authority that they are regularly cleaning the drain and removing floating material at various points to maintain the flow. They are also making awareness among the residents nearby the drain not to throw solid waste into the drain. UP Pollution Control Board: Mr Utsav, RO informed that they are issuing notices to the polluting industries and many if these have been closed in conforming industrial area. In so far as closing of illegal industries in residential area is concerned, a task force has been constituted which will take action. However, he was asked to submit detailed action plan to Yamuna Monitoring Committee. 7. Observations & Assessment of the Expert Team: I. The work of laying of 1800 mm dia treated effluent main is almost complete except one stretch of around 60 meters for crossing of Indirapuram drain. The work is being done through trenchless technology and will be completed within next 10 days. The treated effluent main at the downstream has been commissioned by trapping the drain. After commissioning of this work, the existing STP Chamber on 1800 mm dia Effluent main

of 74 MLD will start functioning at designed Figure 4 capacity. II. The work of construction of 17 MLD capacity has been completed and commissioned with the help of D.G. set and waste water is being pumped to existing 20 MLD capacity at J-Point. The discharge of this SPS is proposed to be taken to existing 20 MLD Capacity SPS at J-Point. The J-Point SPS will pump entire combined discharge to existing 74 MLD Capacity Indirapuram STP. Observation-I: Vijay Park SPS has been constructed 17 MLD Sewage Pumping Station

to cater to the sewage discharge of the sewered area Figure 5 of Shalimar Garden, Rajendernagar and its adjoining area. The waste water from unsewered areas on North side of Loni Road i.e. Pasonda 7 village, Mausam Vihar, Panchsheel, Sikandarpur, Friends Colony, Bhumia Mohalla, Prem Garden, Harsh Vihar, Gagan Vihar B-Block and Bhopura etc. will still continue to flow in to Sahibabad drain. Observation-II: Since, existing 20 MLD capacity SPS at J-Point is around 20 years old & in very shabby condition and running at its full capacity catering to the area of 74 MLD Indirapuram STP (SBR technology)

Panchsheel, Janakpuri, Figure 6 RM Block and partly trapped Sahibabad drain, it will not take additional discharge 17 MLD of Vijay Park SPS. Observation-II: 74 MLD capacity STP on SBR technology will trap entire discharge of Sahibabad drain and 56 MLD capacity STP on USAB technology, being rehabilitated will treat the sewage discharge from Chandernagar, Brijvihar, Kaushambi, Vaishali Sector-1-6, Vasundhara Sector 7 & 19. Existing 74 MLD capacity STP & 56 MLD Capacity at Indirapuram under UPJN will run at its full designed capacity after commissioning of treated effluent main and rehabilitation of 56 MLD STP, the additional discharge of 17 MLD from Vijay

Park SPS cannot be accommodated at these STPs. 3rdSTP of 56 MLD capacity at 56 MLD Indirapuram STP on USAB under rehab.

Indirapuram running at 30-37 MLD Figure 7 capacity in under the maintenance of GDA. Hence, GDA will have to be persuaded for taking additional discharge. The area in its catchment is under development; hence more sewage will be added to this plant in future. 8

Nigam has engaged cleaning machines at one Solid waste in Sahibabad drain near culvert location near J-Point. There are some Figure 8 bottlenecks found at two locations near Brijvihar and J-Point due to the inadequate size of culvert. The representative of GNN informed that they have already taken up the matter with UPDSIDC for rehabilitation of the culvert to remove the bottleneck. UP Pollution Control Board: Mr Utsav, RO informed that they are issuing notices to the polluting industries and many if these have been closed in conforming industrial area. In so far as closing of illegal industries in residential area is concerned, a task force has been constituted which will take action. However, he was asked to submit the report of quality of waste water in Sahibabad drain at various points and detailed action plan for preventing industrial discharge into the drain. Despite repeated reminders on emails, sms & Whatsapp, he has not sent information. 8. Recommendations: 1. The U.P.J.N. must adhere to the timelines for completion of their projects mentioned above. 2. Ghaziabad Nagar Nigam must take up intensive awareness program, do regular challans of the defaulters and clean the drain regularly to maintain the flow in the drain to avoid formation of obnoxious gases. 3. UPSIDC must renovate some culverts creating hindrance to the flow in Sahibabad drain

4. UPPCB must take heavy action against polluting industries in conforming and non- conforming residential areas to avoid air and ground water pollution as the bed of Sahibabad drain is kacha. 5. U.P.J.N. with the consent of Ghaziabad Nagar Nigam should construct decentralized STP for treating the waste water at the source itself coming from the unauthorized and unsewered colonies on the North of Wazirabad Road to reduce the load of polluted water in Sahibabad drain. The treated effluent can be used for irrigation in nearby agricultural lands. 6. Instead of taking domestic discharge of 17 MLD from J-Point to Indiapuram STPs which are already exhausted, UPJN with the requisition of Ghaziabad Nagar Nigam may refurbish existing SPS of 20 MLD capacity and construct decentralized STP of 20 MLD capacity at J-Point itself where sufficient land is available for construction of STP. The treated water from this STP can be used in the nearby parks and for rejuvenation of existing water body (as informed by the residents of the area). 7. Ghaziabad Nagar Nigam may adopt enzyme treatment/ Bioremediation to reduce odor in the drain water.

9. Outcome: The above recommended proposals:

I. Will reduce the discharge in Sahibabad drain to the large extent and the residents of Vaishali will get substantial relief from Obnoxious gases and ground water pollution II. The capacities of existing 3 STPs at Indirapuram will be utilized for future development in their catchment areas. III. The discharge in Sahibabad drain at confluence point of Shahadra (Ghazipur drain) will be reduced.

Prof. S.K. Singh, Er. R.S.Tyagi Head, Environment Engg., Former Member (WS) D.T.U. Delhi Jal Board

Annexure-I

SYNOPSIS

The present Application is filed by the applicants who are the residents of Vaishali, Ghaziabad and are also the aggrieved persons who are suffering due to the immense pollution caused due to a storm water drain, particularly known as the Sahibabad drain. This drain starts from the Loni area of District Ghaziabad, passes through the Sahibabad industrial area and ends at Kalindi Kunj, NCT of Delhi by emerging in holy river Yamuna, and hence polluting it at large. This drain passes through the residential sectors and localities of Vaishali, Ghaziabad. Sahibabad drain is a total contaminated drain because it carries 'with it toxicated and untreated industrial effluents from the Sahibabad industrial area and sewage thereby posing huge air and water pollution and causing an adverse impact on the environment and on the public health too. It is also pertinent to mention here that discharge of any effluent in the water drain is an offence under the provision of Water (Prevention and Control of Pollution) Act 1974. Hundreds of tonnes of garbage is being deposited at various points in the drain which is imparting a very ugly look to the drain and is also stagnating its flow. As a result foul smell & dangerous gases are generating which is creating unhygienic conditions and is also impacting the health of the residents which is making them adapted to various harmful diseases, making it totally miserable for the residents of that area to live. The residents are not only subjected to living in such inhospitable conditions but they are also bearing the ill effects of living right near to such a big and polluted drain. This drain is continuously giving rise to the catastrophic consequences like air pollution, water pollution, land pollution, soil pollution and much more. The 12 people residing in the adjoining areas are getting adapted to the harmful health hazards like cancer, dysentery, respiratory problems and much more which are arising due to the said drain. In addition to this, the foul gases in the presence of moisture are adversely affecting the functioning of the house-hold appliances like refrigerators, air- conditioners, utensils etc., of the residents living in the neighbourhood of the drain. The lives of the residents of Vaishali have become miserable by living in such unhealthy and pathetic environment. The applicants along with other residents many times visited the offices of the authorities, but none of them responded to their requests. They also sent several representations but still, no action has been taken so far in this regard. Thus, the Applicants have approached this Honourable Tribunal, desiring actions on the part of the respondent authorities to prevent and remedy such pollution emerging from this drain and affecting the public health and environment, in order to enforce the right of citizens to clean environment. The Honourable Tribunal, earlier also, in identical matters having O.A 24112019 titled as Monika Shrivastava versusNOIDA & Ors. and O.A No. 1002/2018 titled as Abhisht Kusum Gupta versus State of Uttar Pradesh & Ors. Have dealt with the identical issues of controlling the · pollution of the drains. Hence, the present application. LIST OF DARES AND EVENTS

10.11.2020: The Applicants again on 12.11.2020 sent the representation to all the Respondent Authorities but still no response has been given 13

by any of the authorities, neither any action has been taken in order to combat the pollution emerging from the drain. 25.11.2020: Hence the present application

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

O. A. No ...... OF 2020

U/S 18(1) R/W SEC 14, 15, 16, & 17 OF N.G.T ACT, 2010

IN THE MATTER OF:

1. MOHAN SINGH R/o 11528, Sector 1 Vaishali, Ghaziabad U.P:- 201010 Email: - [email protected] Phone:9968280490

2. SUNIL VAID R/o 2B/65, Sadhna Vaishali, Ghaziabad U.P:- 201010 EmaiL- [email protected] Phone:9811798083

3. HARMINDER SINGH R/o 11577, Vaishali, Ghaziabad U.P:- 201010 Email:- [email protected] Phone: 9717498449 . .. APPLICANTS

VERSUS

1. STATE OF UTTAR PRADESH Through the Chief Secretary Secretariat, 5th Floor Govt. ofUP, Lucknow Uttar Pradesh- 226001 Email - [email protected] Phone:-. 0522-2289212

2. UTTAR PRADESH INDUSTRIAL DEVELOPMENT CORPORATION LTD. (UPSIDCL) Through its Regional Manager G-2, 4th Floor, Mahalakshmi Mall RDC, Raj Nagar, Ghaziabad Uttar Pradesh Email- [email protected] Phone- 0120-2821103

3. UP POLLUTION CONTROL BOAR' Through the Member Secretary Vibhuti Khand, Gomti Nagar Lucknow- 226010 Email- [email protected] Phone- 2720895

4. GHAZIABAD MUNICIPAL CORPOJRATION Through its Municipal Commissioner Navyug Market Ghaziabad U.P- 201001 Email- [email protected] Phone- 18001803012,

5. GHAZIABAD DEVELOPMENT AUTHORITY Through Its Vice Chairman GDA Building, Navyug Market Raj Nagar, Ghaziabad U.P-201001 Email - [email protected] Phone- 0120-3342433

6. DIVISIONAL COMMISSIONER Meerut Division Civil lines, Meerut U.P:- 250003 Email:- [email protected] .... RESPONDENTS

APPLICATION ON BEHALF OF THE APPLICANT

WITH AFFIDAVIT TO THE HON'BLE CHAIRPERSON AND HIS OTHER COMPANION J1JDGES OF THE HON'BLE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

MOST RESPECTFULLY SHOWETH: a. That the Address of the applicants as given above is for the service of notice of the Application/Replies/Rejoinders etc. and that of their Representatives is Chamber No-7, Trishul Tower, Kaushambi, Ghaziabad, U.P. b. That the address of the respondents as given above is for the service of notice of the application. c. That the present original Application is being filed under Section 18(1) R/W Sec 14, 15, 16 & 17 of the National Green Tribunal Act, 2010 which also includes a prayer for seeking appropriate order/s from this Honorable National Green Tribunal for the protection and restitution of environment. d. That the Applicants are the residents of Vaishali, Ghaziabad and are also the aggrieved people who are suffering from the adverse affects of the immense pollution caused by the storm water drain passing through Vaishali, Ghaziabad. The applicants are well acquainted with the facts & circumstances of the case and are competent enough to file this application before the Honourable Tribunal and seeking justice under National Green Tribunal Act, 2010. 5. FACTS OF THE CASE

6.1. That the Applicants through this application is bringing in light the sufferings and woes of the residents of Vaishali who are largely affected and aggrieved through the immense pollution caused due to the storm water drain whic passes through the residential sectors & localities of Vaishali, Ghaziabad, U.P. 6.2. That this said drain starts from Loni area of District Ghaziabad, passes through the Sahibabad industrial area and ends at Kalindi Kunj, NCT of Delhi by emerging in holy river Yamuna, and is popularly known as Sahibabad Drain No. 1. The Sahibabad drain is an open drain which poses a lot of pollution and health problems to the residents living in that area. 6.3. That this drain i.e. Sahibabad drain is a total contaminated drain which carries with it toxicated and untreated industrial effluents and sewage thereby posing huge threat of air and water pollution and causing an adverse impact on the public health too. It is also pertinent to mention here that discharge of any effluent in the water drain is an offence under the provision of water (Prevention and Control of Pollution) Act 1974. 6.4. That hundreds of tonnes of garbage are being deposited at various points in the drain which is imparting a very ugly look to the drain and is also stagnating its flow. As a result fo ul smell & odour are generating which are creating unhygienic conditions in the entire area. The Photographs of the polluted drain i.e. Sahibabad Drain are annexed herewith and marked as ANNEXURE. 6.5. That the said drain is causing environmental degradation which is affecting the flora and fauna as well as human population, at large. The residents of that area are deprived of fresh air and fresh environment due to this heavily polluted drain.

6.6. That several dangerous disease are been continuously reported in the residents due to this drain as this drain carries along with it the hazardous toxicated fumes and hazardous gases which are released in the air and inhaled by the residents. 6.7. That the groundwater is also being contaminated at large due to this leaching of the effluents by this drain. The water quality of this area is not up to the standards as the residents of this area are miserably forced to drink the contaminated water, which is continuously giving rise to many harmful diseases to many residents of Vaishali. The deterioration in water quality is causing serious illnesses including typhoid, cholera, hepatitis A and E: polio, dysentery, etc., through waterborne bacteria which is spread due to environmental pollution caused due to this drain. 6.8. That the filth emerging from the drain leaves a horrible stench in that area and has also become a reason behind the illness of most of the residents as the stagnant water in this drain leads to mosquitoes and pests breeding in that area.

6.9. That there is continuous violation of the environmental rules and noms under the Environment (Protection) Act, 1986 on account of dumping of garbage, untreated sewage and untreated discharge of effluent into the drain. 6.10. That the residents are not only subjected to living in such inhospitable conditions but they are also bearing the ill effects of living right near to such a big and polluted drain. This drain is continuously giving rise to the catastrophic consequences like air pollution, water pollution, land pollution, soil pollution and much more. The people residing in the adjoining areas are getting adapted to the harmful health hazards which are arising due to the said drain.

6.11. That this drain has become a potential source of pollution due to greater contamination of air and ground water. Such contamination of air and water results in a substantial risk to the natural environment and to the public health too. 6.12. That in addition to this, the foul gases In the presence of moisture are adversely affecting the functioning of the house-hold appliances like refrigerators, air-conditioners, utensils etc., of the residents living in the neighbourhood of the drain. 6.13. That the Honourable National Green Tribunal in identical matters having O.A 241/2019 titled as Monika Shrivastava versus NOIDA & Ors. and O.A No. 1002/2018 titled as Abhisht Kusum Gupta versus State of Uttar Pradesh & Ors. have dealt with the identical issues of controlling the pollution of the drains. The True Copy of the Order.s in O.A No. 241/2019 titled as Monika Shrivastava Versus NOIDA & Ors. and O.A No. 1002/2018 titled as Abhisht Kusum Gupta versus State of Uttar Pradesh & Ors. 6.14. That the Applicants sent many representations and mails to the Respondent authorities stating about the situation and difficulties arising due to this polluted drain but no action has been taken in this regard by any concerned authorities. The Applicants on 10.11.2020 sent the mail to the respondent authorities, but got no response from them. 6.15. That the Applicants again recently on 12.11.2020 sent the representation to Respondent Authorities but still no response has been given by any of the authorities, neither any action has been taken in order to combat the pollution emerging from the drain.

6.16. That the Applicants are desiring actions on the part of the Respondent Authorities to prevent and remedy such pollution emerging from this drain and affecting the public health and environment, in order to enforce the right of citizens to clean environment. 6.17. That Article 21 of the Constitution of India provides for right to life and personal liberty. It states that "no person shall be deprived of his lifeand personal liberty except according to procedure established

by law. 6.18. That the Applicants had no other alternative efficacious speedy remedy except to approach this Honourable National Green Tribunal. 6.19. That the present application is being made bonafide in the interest of the justice amongst the following grounds. 7. GROUNDS: 7.1. Because the Applicants through this application is bringing in light the sufferings and woes of the residents of Vaishali who are larg Jy affected and aggrieved through the immense pollution caused due to the storm water drain which passes through the residential sectors & localities of Vaishali, Ghaziabad, U.P. 7.2. Because this drain i.e. Sahibabad drain is a total contaminated drain which carries ' with it toxicated and untreated industrial effluen1 s and sewage thereby posing huge threat of air and water pollution and causing an adverse impact on the public health too. 7.3. Because discharge of any effluent in the water drain is an offence under the provision of Water (Prevention and Control of Pollution) Act 1974. 7.4. Because hundreds of tonnes of garbage is being deposited at various points in the drain which is imparting a very ugly look to the drain and is

also stagnating its flow? As a result foul smell & odour are generating which are creating unhygienic conditions in the entire area. 7.5. Because the said drain is causing environmental degradation which is affecting the flora and fauna as well as human population, at large. The residents of that area are deprived of fresh air and fresh environment due to this heavily polluted drain. 7.6. Because several dangerous disease are been continuously reported in the residents due to this drain as this drain carries along with it the hazardous toxicated fumes and hazardous gases which are released in the air and inhaled by the residents. 7.7. Because the groundwater also being contaminated at large due to this leaching of the effluents by this drain. The water quality of this area is not up to the standards as the residents of this area are miserably forced to drink the contaminated water, which is continuously giving rise to many harmful diseases to many residents of Vaishali. The deterioration in water quality is causing senous illnesses including typhoid, cholera, hepatitis A and E, polio, dysentery, etc., through waterborne bacteria

which j s spread due to environmental pollution caused due to this drain. 7.8. Because the residents are not only subjected to living in such inhospitable conditions but they are also bearing the ill effects of living right near to such a big and polluted drain. This drain is continuously giving rise to the catastrophic consequences like air pollution, 'Water pollution, land pollution, soil pollution and much more. The people residing in the adjoining areas are getting adapted to the harmful health hazards which are arising due to the said drain.

7.9. Because in addition to this, the :foul gases in the presence of moisture are adversely affecting the functioning of the house-hold appliances like refrigerators, air-conditioners, utensils etc., of the residents living in the neighbourhood of the drain. 7.10. Because this Honourable National Green Tribunal in identical matters having O.A 24 L/2019 titled as Monika Shrivastava versus NO!D'A & Ors. And O.A No. 1002/2018 titled as Abhisht Kusum Gupta versus State of Uttar Pradesh & Ors. have dealt with the identical issues of controlling the pollution of the drains. 7.11. Because the Applicants again recently on 12.11.2020 sent the representation to respondent authorities but still no response has been given by any of the authorities, neither any action has been taken in order to combat the pollution emerging from the drain. 7.12. Because the Applicants had no other alternative efficacious speedy remedy except t approach this Honourable National Green Tribunal. 8. LIMITATION It is respectfully submitted:- That the present application is being filed within 6 months on which the cause of action arose, i.e., the applicants sent the last representation to the Respondent Authorities on 12.11 .2020 and therefore the application is within the Limitation as per Section 14(3) NGT Act, 2010. 9. PRAYER In views of the aforesaid facts and circumstances it is prayed that this Honourable Tribunal may graciously be pleased to: 1. Direct the Respondent 4 & 5 i.e. Ghaziabad Municipal Corporation and Ghaziabad Development Authority to clean the Sahibabad drain.

2. Direct Respondent No. 3 i.e. U.P Pollution Control Board to prohibit the industries to disposing off their untreated industrial effluent into the Sahibabad drain. 3. To pass an order that may be deemed necessary and fit on the facts and circumstances of the aforesaid case.

Applicant Through

SHARIQ ABBAS ZAIDI & MANSI CHAHAL ADVOCATE

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

O. A. No ...... OF 2020 IN THE MATTER OF

MOHAN SINGH & ANR. ... APPLICANT

VERSUS

STATE OF U.P & ORS. ... RESPONDENTS

AFFIDAVIT

I, Mohan Singh R/o 1/528, Sector-1, Vaishali, Ghaziabad, U.P. presently at Delhi do here by solemnly affirm and declare as under:- 1. That I am the applicant in the above noted case therefore I am fully conversant with the fact of the case I am competent to sign and swear this Affidavit. 2. That the accompanying application has been drafted by my counsel under my instruction and the same has been read and explain to me and I say and declare that the same are true and correct.

DEPONENT , ~ .... VERIFICATION

Verified at Delhi on thts' u• day of November 2020 that the contents of my above Affidavit are true and correct to my knowledge and nothing material has been concealed there from.

DEPONENT

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

O. A. No ...... OF 2020

IN THE MATTER OF

MOHAN SINGH & ANR. APPLICANTS

VERSUS

STATE OF U.P & ORS. . .. RESPONDENTS

AFFIDAVIT

I, Sunil Vaid, R/o 2B/65, Sadhna, Vaishali, Ghaziabad, U.P. presently at Delhi do here by solemnly affirm and declare as under:- 1. That I am the applicant in the above noted case therefore I am fully conversant with the fact of the case I am competent to sign and swear this Affidavit. 2. That the accompanying application has been drafted by my Counsel under my instruction and the same has been read over and explain to me and I say and declare t t the same are true and correct.

VERIFICATION

Verified at Delhi on this day of November 2020 that the contents of my above Affidavit are true and correct to my knowledge and nothing material has been concealed there from.

DEPONENT

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

O. A. No ...... OF 2020

IN THE MATTER OF

MOHAN SINGH & ANR. . .. APPLICANTS

VERSUS

STATE OF U.P & ORS. ... RESPONDENTS

AFFIDAVIT

I, Harminder Singh, Rio 1/577, Vaishali, Ghaziabad, U.P. presently at Delhi do here by solemnly affirm and declare as under:- 1. That I am the applicant in the above noted case therefore I am fully conversant with the fact of the case I am competent to sign and swear this Affidavit. 2. That the accompanying application has been drafted by my counsel under my instruction and the same has been read and explain to me

and I say and declare that the same are true and correct.- · DEPONENT VERIFICATION

Verified at Delhi on this day of November 2020 that the contents of my above Affidavit are true and correct to my knowledge and nothing material has been concealed there from.

DEPONENT

ANNEXUR E

PHOTOGRAPHS SHOWING THE POLLUTED SAHIBABAD DRAIN

Annexure-II

Item No. 04 Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Original Application No. 276/2020

Mohan Singh Applicant Versus

State of Uttar Pradesh & Ors Respondent(s)

Date of hearing: 09.12.2020

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER

HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

Applicant: Ms. Mansi Chahal, Advocate

ORDER

1. Grievance in this application is against absence of maintenance of Sahibabad drain starting from Loni area in District Ghaziabad, passing through Sahibabad Industrial Area and ending at Kalindi Kunj, Delhi.

2. The Tribunal has already dealt with the issue in O.A. No. 06/2012, Manoj Mishra v. Union of India & Ors., and issued directions. The compliance of the directions is being monitored by a Committee appointed by this Tribunal comprising of Ms. Shailaja Chandra, former Chief Secretary, Delhi and Mr. B.S. Sajwan, former Expert Member of NGT.

3. Accordingly, the applicants are at liberty to move the said Committee to present their grievance which may be looked into by the Committee. They are also free to approach the concerned authorities in the light of orders already passed.

The application stands disposed of.

A copy of this order be forwarded to Ms. Shailaja Chandra, Chairman of the Committee by e-mail for compliance.

Adarsh Kumar Goel, CP S.K. Singh, JM Dr. Nagin Nanda, EM December 09, 2020 Original Application No. 276/2020 SN

Annexure-III

Annexure-IV