Remove encroachments on Sahibabad drain within one month, NGT tells civic body

The National Green Tribunal (NGT), in connection with constructions made over the Sahibabad drain Number 1. has directed the Ghaziabad municipal corporation to remove

The National Green Tribunal (NGT), in connection with constructions made over the Sahibabad drain Number 1. has directed the Ghaziabad municipal corporation to remove all encroachments within a month, in pursuance of its order issued in October 2016.

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On February 26, the tribunal was hearing a contempt petition filed by activist Haji Arif, when it came down heavily on the municipal commissioner and said that he shall be held personally responsible in case the directions issued on the original petition are not executed.

“It is made clear that no further time, for any reason, shall be granted. In case of failure on the part of the nagar nigam (municipal corporation) to execute the orders fully within the time now granted, the commissioner of Ghaziabad Nagar Nigam shall be held personally responsible and accountable which may lead to passing of orders in respect of non-compliance of the orders of the tribunal and inefficient performance of duty by the official concerned,” the tribunal said in its order.

Petitioner Haji Arif told the NGT that he had moved a petition in 2014 for removal of constructions carried out over a major Sahibabad drain and an order was issued on this in October 2016.

“The tribunal had also sought a report from an expert committee about the issue raised. However, the corporation did not comply with the directions and I had to move a contempt petition in February 2017. Thereafter, the tribunal on February 26 this year directed the corporation to execute its orders, else the municipal commissioner will be held personally responsible,” he said.

The issue relates to covering of drain by number of business establishments near the Sahibabad Site IV Industrial Area. The Sahibabad drain is a major outlet which originates from Loni and passes through the industrial area, Vaishali and further goes on to meet the Ghazipur drain in Delhi before emptying into river Yamuna.

In its earlier orders, the tribunal had directed that all illegal and unauthorised constructions on Sahibabad Drain Number 1 be removed in accordance with the law. It had also said that as regards the constructions raised on the drain under valid permission/licences granted by the corporation, it is necessary to carry out a study regarding the environment impacts of such constructions before any action is taken.

The tribunal had formed a committee comprising experts from University of Delhi, Jawaharlal Nehru University and IIT-Delhi. The committee filed a report before the tribunal on October 12, 2017.

The committee made several recommendations and observed that “almost the entire drain through the industrial area has been covered. Only a few, small stretches are open, particularly where the plots have not yet been fully developed. The entire area has a foul smell caused by the high load of sewage and organic waste, which is releasing both ammonia and hydrogen sulphide (gas) due to highly anaerobic conditions.”

It also stated that the natural stormwater channel of Sahibabad has been turned into a sewage drain carrying waste from the entire area – first to river Hindon and then to river Yamuna.

The committee said all covers and encroachments on the drain should be removed/demolished and the entire stretch of drain desilted. It also recommended that all sewage and industrial effluent should be segregated and not allowed to flow into the natural drain.

“Coming to the conclusion that the situation remained the same since passing of the main order on October 7, 2016 and that none of the respondent authorities have complied with the order, we were compelled to impose a cost of ₹10,000 on Uttar Pradesh Industrial Development Corporation, UP pollution control board, district forest officer and UP Jal Nigam...” the tribunal said in its February 26 order.

During the hearing the counsel for the corporation submitted that they shall execute the recommendations/suggestions made by the committee and requested more time.

The tribunal then allowed the civic body a month to carry out its orders.

“We will comply with the directions of the tribunal and would require some more time for taking up the action. We will request for some more time from the tribunal,” Dinesh Chandra, municipal commissioner, said.