Kiran Raj

The National Green Tribunal (NGT) has directed the Uttar Pradesh Pollution Control Board (UPPCB) to investigate allegations of open defecation during the Maha Kumbh in Prayagraj, as raised in an application filed before the tribunal. The applicant alleged that inadequate or non-functional bio-toilets at the event led to widespread open defecation. The tribunal permitted the applicant to submit supporting material to the UPPCB and directed the regulatory authority to conduct a ground-level inspection. If the allegations are substantiated, immediate remedial measures must be taken, with an action-taken report to be filed before the tribunal within four weeks.

The original application was filed by the applicant, Nipun Bhushan, under the jurisdiction of the National Green Tribunal (NGT). The matter was heard before the Principal Bench of the NGT in New Delhi on February 24, 2025. The bench comprised Justice Prakash Shrivastava, Chairperson, and Dr. A. Senthil Vel, Expert Member.

The applicant alleged that open defecation was prevalent at the Maha Kumbh event in Prayagraj due to a lack of functional or clean bio-toilets. The petition contended that this situation posed serious environmental and health risks. The tribunal had earlier issued a notice in the matter on February 14, 2025, directing the applicant to file an affidavit of service to confirm that notices had been sent to the respondents.

In response, the applicant submitted an affidavit indicating that notices had been dispatched to the respondents via speed post. However, the tribunal recorded that there was no track report to confirm service of the notice. Among the respondents, only the Uttar Pradesh Pollution Control Board (UPPCB) was represented during the proceedings.

In support of the allegations, the applicant submitted two video footages in a pendrive as evidence. The tribunal recorded:

"In support of the allegation made in the OA, Applicant has not filed any other material, except enclosing two video footages in a pendrive. These video footages do not have the geo-coordinates."

The counsel for the UPPCB submitted that while notice was served via email, the pendrive containing the video recordings was not provided to the board. The applicant did not dispute this and acknowledged that the video evidence had not been sent with the email to the UPPCB.

Additionally, during the hearing, the applicant referred to two news reports from The Times of India and Down To Earth that were relevant to the allegations but had not been placed on record before the tribunal.

The tribunal noted that the issue raised in the application was time-sensitive and required immediate verification. The order stated:

"The OA raises an issue which is time sensitive. Hence, some competent authority must examine the truthfulness of the allegations made by the Applicant by ascertaining the correct factual position at the ground level."

The tribunal took note of the UPPCB’s submission that it would consider the grievance if all relevant materials were provided by the applicant. The tribunal recorded:

"Learned Counsel for the UPPCB has submitted that if all the relevant material is supplied by the Applicant, the UPPCB will duly consider the grievance of the Applicant and will ensure the remedial action."

The National Green Tribunal disposed of the application with the following directions:

"We dispose of the OA permitting the Applicant to submit all the material in support of the allegation made in the OA to the Respondent No. 3, Member Secretary, UPPCB, who on receipt of the same will immediately ascertain the correctness of the allegation by carrying out the spot inspection."

The tribunal further directed that if the allegations were found to be accurate, the UPPCB must take immediate remedial action. The regulatory body was also instructed to submit an action-taken report before the Registrar General of the tribunal within four weeks. The order stated:

"If the allegation is found to be correct, he will take immediate remedial action and submit an action taken report before the Registrar General of the Tribunal within four weeks. If it is found necessary, the matter will be listed for consideration before the Bench."

With these directions, the tribunal disposed of the original application.

Case Title: Nipun Bhushan v. Government of Uttar Pradesh & Others
Case Number: Original Application No. 67/2025
Bench: Justice Prakash Shrivastava (Chairperson), Dr. A. Senthil Vel (Expert Member)

[Read/Download order]