Kiran Raj

The National Green Tribunal (NGT) has issued a notice to the Government of Uttar Pradesh and other concerned authorities, seeking their response to allegations of inadequate sanitation facilities at the Maha Kumbh Mela 2025 in Prayagraj. The tribunal has directed the respondents to submit their replies at least one week before the next hearing, which is scheduled for February 24, 2025.

A bench comprising Justice Prakash Shrivastava (Chairperson) and Dr. A. Senthil Vel (Expert Member) observed that the application raises concerns over the lack of adequate sanitation facilities at the event, allegedly leading to widespread open defecation along the banks of the River Ganga.

"The application alleges that lakhs of ordinary people and families are forced to defecate in open on the bank of the river Ganga for want of adequate facilities. In support of the plea taken in the OA, the Applicant has enclosed the pendrive containing the videos," the tribunal recorded.

The application, filed by Nipun Bhushan, states that despite claims by local authorities regarding the installation of bio-toilets, a significant portion of attendees are unable to access functional or clean sanitation facilities. It is alleged that this has resulted in large-scale pollution of the river, creating serious public health and environmental risks.

The plea seeks environmental compensation of ₹10 crore from the state government, invoking the "polluter pays" principle, which requires those responsible for environmental damage to bear the cost of remediation. The application further cites Article 48A of the Constitution of India, which obligates the state to protect and improve the environment. It argues that allowing mass open defecation at the Maha Kumbh Mela site amounts to a failure in discharging this constitutional duty.

The applicant contends that while official reports claim bio-toilets have been deployed, their operational effectiveness remains questionable given the large number of pilgrims. "Even if the 1.5 lakh bio-toilets deployed are operational, they appear insufficient to handle the massive influx of people," the application states.

The plea refers to a water quality test conducted in November 2024, which reportedly recorded Fecal Coliform levels at the downstream Sangam at 3,300 MPN (Most Probable Number) per 100 milliliters, exceeding the permissible limit of 2,500 MPN/100 ml set by the Ministry of Environment, Forest and Climate Change (MoEFCC). The presence of such contaminants could lead to waterborne diseases such as cholera, hepatitis A, and polio, posing risks to millions of devotees taking a holy dip in the river.

Additionally, the application raises concerns over the Uttar Pradesh Pollution Control Board’s (UP PCB) failure to publish updated water quality data, questioning transparency in environmental monitoring.

The NGT took note of the allegations and underlined the necessity for a prompt response from the authorities. It directed that all respondents submit their replies via affidavit at least one week before the next hearing.

"Issue notice to the respondents for filing their response/reply by way of affidavit before the Tribunal at least one week before the next hearing date through e-filing. If any respondent directly files the reply without routing it through his advocate, the respondent will remain virtually present to assist the Tribunal," the order states.

The tribunal also directed the applicant to ensure that all respondents are served with a copy of the application and to file an affidavit of service at least one week before the next hearing.

The NGT has set the next hearing for February 24, 2025, and has instructed the respondents to file their replies before that date. It further noted that if any respondent submits their reply without legal representation, they must be present virtually to assist in the proceedings.

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

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