Item No. 01 to 05 Court No.

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

Original Application No. 200/2014

(M.A. No. 254/2018 & M.A. No. 872/2018)
(C.W.P. No. 3727/1985)

With
Original Application No. 668/2017
(Earlier M.A. No. 923/2017 in O.A. No. 200/2014)

With
M.A. No. 141/2016 & M.A. No. 337/2018
In
Original Application No. 10/2015

With
Original Application No. 390/2018
(Earlier O.A. No. 44/2017 (EZ)
With
Original Application No. 34/2018

M.C. Mehta Applicant(s)

Versus

Union of India & Ors. Respondent(s)

With

Indian Council for Enviro-legal Action Applicant(s)

Versus

National Ganga River Basin Authority & Ors. Respondent(s)

With

Tribunal on its Own Motion (Suo Motu) Applicant(s)

Versus

State of Bihar & Ors. Respondent(s)

With

Vikrant Tongad Applicant(s)

Versus
Union of India & Ors. Respondent(s)

Date of hearing: 11.03.2019

1
 CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON’BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

For Applicant(s): Ms. Katyani (Amicus in item no. 4)

For Respondent (s): Mr. Brajesh Pandey, and Kumar Ajitash, Advocates
for National Mission for Clean Ganga
Mr. Pradeep Mishra, Mr. Daleep Dhyani and Mukesh
Verma, Advocates for UPPCB
Mr. Raj kumar, Advocate for CPCB.
Ms. Sakshi popli, Ms. Pritika, Advocates for Ministry
of Environment, Forest and Climate Change
Mr. Rahul Verma for State of Uttarakhand

ORDER

1. Certain reports received by the Committees constituted by this

Tribunal for implementation of the order dated 10.12.2015 to control

and remedy the pollution of River Ganga have been put up for

consideration.

2. Order of this Tribunal has divided the Ganga basin area into

different segments. Segment A Phase-I relates to Gaumukh to

Haridwar. Committee headed by Justice U.C Dhyani, former Judge

of the Uttarakhand High Court is supervising the execution of

directions of this Tribunal. We note that the directions of this

Tribunal relate to controlling the discharge of untreated sewage and

industrial effluents directly into River Ganga or tributaries of the

river or other connecting drains. There are several other issues on

the subject, including encroachment of the flood plains, e-flow, sand

mining, etc.

3. The reports put up are with regard to the site visits by the

Committee on several dates in the months of January and February,

2019 with regard to segments A and B of Phase-I and recent Kumbh

event.

2
4. It appears that reports have been filed by Dr. Anita Roy, one of the

Members of the Supervisory Committee on Ganga Phase- I. The said

Hon’ble Member may file the reports to the Chairperson of the

Committee so that the same are duly analysed and a narrative is

prepared, along with the documents, duly indexed. Orders on this

aspect of the matter will have to await till this procedure is followed.

However, whatever actions are required to be taken may continue to

be taken without waiting for the orders of this Tribunal.

5. A report has also been filed by the State of Uttarakhand with regard

to above segment on 05.03.2019 on various subjects indicating

progress under various heads of discharge of effluents and

management of waste to prevent or remedy the pollution of the River

Ganga. The State of Uttarakhand may furnish the said report to the

Hon’ble Committee so that the Committee can give its views in the

matter for consideration by this Tribunal. We request the Committee

to furnish its report within one month. All the relevant documents

may be furnished to the Committee within one week.

6. We reiterate that all the projects being executed relating to

interception and diversion of drains to sewage treatment plants

which are also either being upgraded or newly constructed, should

ultimately indicate improvement in water quality of river Ganga in

entire Segment A, Phase-I of river in Uttrakhand. We direct the

Uttrakhand SPCB to disseminate water quality of river Ganga at all

strategic locations at least on monthly basis and indicate fitness of

water quality for bathing/drinking purpose, as already directed.

Failure to do so may call for coercive action against the State Board.

7. Coming to segment B, Phase- I i.e. Haridwar to Kanpur, we note

that a status report has been filed on 24.02.2019 by the Uttar

Pradesh Pollution Control Board (UPPCB). The UPPCB or other

3
 authorities of the State of Uttar Pradesh may furnish copies of their

report to the National Mission for Clean Ganga within one week. As

per earlier orders of this Tribunal, National Mission for Clean Ganga

(NMCG) is to consolidate reports of all the concerned Departments of

the State of Uttar Pradesh as a nodal agency and furnish the

updated Report to the Committee. The Committee headed by Justice

Arun Tandon, Retired Judge of Allahabad High Court may thereafter

give its report along with the analysis and inputs within one month.

8. We also note that directions of the Tribunal dated 13.7.2017 relating

to interception of drains, construction of sewage treatment plants,

setting up of common effluent treatment plant at Jajmau, Unnao

and Banthar remain un-complied till date. CETPs at Jajmau, Unnao

and Banthar are not meeting the stipulated standards which is

deemed to be violation by all the tanneries. Since NMCG and UP

State have failed to ensure setting up of CETP at Jajmau and

upgradation at Unnao and Banthar, we direct NMCG, CPCB and

UPPCB to examine whether tanneries who are members of such

CETP are to be closed till compliant CETPs are set up. The

directions of this Tribunal are clear. Unless and until the sewage

and industrial effluents are diverted for their treatment and e-flow is

maintained, water quality improvement in Segment ‘B’, Phase-I

cannot be achieved. Therefore, failure in execution of plan for the

segment in time may call for coercive action.

9. We direct UPPCB to disseminate water quality of river Ganga from

Haridwar downstream to UP Border (before river Ganga enters Bihar

State) atleast on monthly basis at all the strategic locations and

indicate its fitness for bathing, etc. Failure to compliance with this

direction may call for coercive action against UPPCB.

4
10. We now take up for consideration Phase-II and Phase-III. A

document titled ‘action plan’ has been filed by NMCG on 22.02.2019

for the stretch Kanpur to Buxar (Phase-II) and Buxar to Ganga Sagar

(Phase-III) in pursuance of order of this Tribunal dated 06.08.2018.

It is stated that relevant information is not furnished by Bihar,

Jharkhand, Uttar Pradesh and West Bengal. Thus, it is difficult to

treat the said document as ‘action plan’. The States need to furnish

the relevant information without any further delay. In view of long

delay to furnish such information will now be of the concerned Chief

Secretaries. On receipt of information, NMCG may give its further

consolidated reports. Action Plan to the Tribunal before 30.4.2019.

We note that Chief Secretaries of the said States are scheduled to

appear before this Tribunal in pursuance of order dated 16.01.2019

in O.A. No. 606/2018 as follows:

i. West Bengal- 14.03.2019

ii. Bihar- 15.03.2019
iii. Jharkhand- 25.03.2019
iv. Uttar Pradesh- 26.4.2019 (changed from 12.03.2019)

11. The Chief Secretaries may furnish information on this aspect on

their appearance before this Tribunal.

12. Learned Amicus has filed certain submissions. The submissions may

be considered in the first instance by the concerned States and

NMCG. Copy of the submission note filed by the Amicus on

07.03.2019 may be forwarded to the above States and the NMCG. A

copy of this order be sent to the Chief Secretaries of the above

States.

13. The affidavit filed by NMCG on 22.2.2019 presents a dismal picture.

It has indicated that the States have not provided the information

and, therefore, Action Plans could not be formulated within the

5
 stipulated time frame. The lackadaisical approach of National

Mission for Clean Ganga can hardly be appreciated as it has been

set up by the Government with the sole object for rejuvenation of

River Ganga and its functioning and coordination with the States

has been specified in “The River Ganga (Rejuvenation, Protection and

Management) Authorities Order, 2016”.

14. There are media reports1 on setting up of sewage treatment plants

in the States of UP, Bihar and Jharkhand which should have been

considered in the action plans. The Tribunal has considered the

issue of rejuvenation of River Ganga in earlier orders. There is no

justification for delay in filing the action plan by the NMCG and the

State Governments. River Ganga has been declared as a “National

River”. We may have to take coercive action, including environment

compensation being required to be paid by the National Mission for

Clean Ganga and the States of UP, Bihar, Jharkhand and West

Bengal for not responding and failing to formulate the action plans

for Phase II and III. We give final opportunity to NMCG and the

concerned State Governments of UP, Bihar, Jharkhand and West

Bengal to take further steps forthwith, latest within 7 days and file

the action plans before 30.4.2019, particularly indicating

interception and diversion of each drain to the existing or proposed

STP, utilization plan for treated sewage and demarcating of the flood

plain zone, preventing encroachments, etc. The NMCG may also, in

consultation with the States, specify the issues relating to

maintenance of E-flow as applicable for the States of UP, Bihar,

Jharkhand and West Bengal.

1 Times of India dated 1.11.2018 titled “80% of Ganga will be clean by March 2019:
Gadkari” -https://www.downtoearth.org.in/news/water/80-of-ganga-will-be-clean-by-
march-2019-gadkari-62019
https://www.thequint.com/news/india/ganga-will-be-80-percent-clean-by-march-2019-
nitin-gadkari
https://timesofindia.indiatimes.com/india/clean-ganga-projects-to-be-completed-in-
2020-nitin-gadkari/articleshow/68193262.cms

6
15. Our attention has been drawn to a report submitted by Quality

Council of India titled “Third Party Inspection of 97 Ganga Towns”.

The report has been submitted after carrying out a study at the

instance of Ministry of Housing and Urban Affairs during November-

December, 2018. The study finds the sanitation status to be as

follows:

“19 towns had municipal solid waste (MSW) plant

within the town; 47 towns had adequate litterbins
around the ghat area; 41 towns had anti-littering
messages/hoardings placed around the ghat area; 72
towns had old & legacy dumpsites as well as garbage
vulnerable points (GVPs) in the vicinity of the ghats; 66
towns had at least one nullah draining into Ganga;34
towns had sweeping & cleaning arrangements at the
ghat area; 33 towns had solid waste floating on at
least one of the ghats of the town. Further, the report
mentions “The output of the survey offers a
comprehensive report on cleanliness to aid the
Government take action on the identified gaps. It also
helps in understanding the best practices being
implemented in various towns and ghats and support
in sharing of knowledge among the various
stakeholders helping them to inculcate and tailor best
actions according to the city’s requirement.”

16. The NMCG, in coordination with the Ministry of Housing and Urban

Affairs, Government of India and the concerned local bodies, may

take steps to rectify the deficiencies noted above preferably within 3

months and furnish a report of compliance.

17. One of the reports which we have noticed is the report dated

11.01.2019 submitted by Committee headed by Justice Arun

Tondon on the subject of meeting held with Member Secretary,

UPPCB, officers of the Kumbh Mela Administration, 2019, Nagar

Ayukt, Nagar Nigam, Allahabad and other local authorities. The

7
 main issue discussed in the said report is discharge of effluents,

disposal of waste and plantation of trees at open spaces. We have

seen some of the photographs indicating sewage water stored in

pools, in-situ remediation works taken up on same drains, improper

solid waste processing plants, etc. The photographs indicate the

need for restoration works to be executed properly and immediately.

We direct the State of Uttar Pradesh to ensure that the Committee

headed by Justice Arun Tondon may be consulted with regard to all

the post Kumbh Mela steps affecting River Ganga. Directions of the

Committee may be complied with for mitigation and restoration

measures.

List the matter for consideration on 2.5.2019 instead of 11.04.2019,

earlier scheduled.

Adarsh Kumar Goel, CP

S.P. Wangdi, JM

K. Ramakrishnan, JM

Dr. Nagin Nanda, EM

March 11, 2019

Original Application No. 200/2014 and other connected matters
AK & AS