Authored By Kiran Raj

The National Green Tribunal (PB) on December 20, 2024  while hearing the case concerning the restoration of Sadar Talab, a pond located in Kadaura Nagar Panchayat, Jalaun District, Uttar pradesh has imposed costs of ₹10,000 on the Uttar Pradesh Government for its failure to submit a compliance report in terms of its previous order dated 06.09.2024.

A Bench comprising of Justice Sudhir Agarwal (Judicial Member) and Dr. A Senthil Vel (Expert Member), was hearing the execution application filed by the applicant Pushendra Kumar, for copliance of the order dated 11.10.2022 passed in M.A. No. 43/2022 in O.A. No. 41/2020 and O.A. No. 94/2022, expressed dissatisfaction over the respondents for their failure to submit the compliance report  in terms of its previous order dated 06.09.2024, despite specific directions.

The NGT had vide order dated 11.10.2022 issued certain directions namely:

“6. In order to ascertain the original area of the pond, the necessary revenue record in respect of these 13 ponds is required to be filed.

7. Learned Counsel appearing for the UPPCB has informed that the 1359 Fasli corresponding to the revenue record of 1950 - 51 in the State has been preserved.Hence, we direct the SDM, Kalpi to file the revenue record of these 13 ponds recorded in the 1359 Fasli relating to these ponds wherein the detail of the ponds and their area is mentioned. Let the same be filed along with the next report. The next report will also clearly indicate the current state of action till the date of filing of the report, to clear the encroachment from the talab and also for the rejuvenation/ revival of the talab. The UPPCB will also submit the water quality analysis report of each of the pond along with the next report. Let the report be filed at least one week before the next date of hearing.

While hearing the execution application on 06.09.2024 the NGT had directed Respondent No. 3 District Magistrate to produce the requisite revenue records.

UPPCB had also filed a compliance report disclosing the status of the 13 ponds located within the limits of the Nagar Panchayat Parishad Kadora. The Tribunal found the report to be unsatisfctory and observed that:

5. The above disclosure makes it clear that so far as the ponds at serial no. 12 and 13 are concerned, they are being encroached upon and in the pond at serial no. 10 domestic waste is disposed of. In some of the ponds, there is no water. This clearly reflects that the order dated 11.10.2022 has not been complied with. By the said order the State PCB was also directed to monitor the compliance and if necessary, take coercive measures for any continuing violation. The report of the PCB does not reflect that any monitoring for compliance with the order was done or any coercive measure has been taken.

6. Hence, we are of the view that the Member Secretary, UPPCB has also failed to comply with the order of the Tribunal.

Accordingly UPPCB was directed to take necessary steps for compliance. Since the board has failed in filing a compliance cost of ₹5,000 was imposed on the Board  and directed to submit its reply within two weeks.

The application will be taken up for consideration again on February 7, 2025.

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