Order of the National Green Tribunal regarding Tent City project in the riverbed of Ganga at Varanasi, Uttar Pradesh, 15/12/2023
Order of the National Green Tribunal in the matter of Tushar Goswami Vs Union of India & Others dated 15/12/2023.
Grievance in the application is against Tent City project in the riverbed of Ganga at Varanasi in 100 acres area for commercial purpose to the detriment of flora and fauna which also resulted in untreated sewage going directly into river Ganga. Compliance report dated November 17, 2023 has been filed by Additional Chief Secretary, Environment, Uttar Pradesh stating that Uttar Pradesh Pollution Control Board (UPPCB) has imposed environmental compensation of Rs. 17,12,500 each on M/s Praveg Communication (India) Limited and M/s Niraan the Tent City by order dated November 23, 2023 and 15 days time has been allowed for payment of compensation. Time granted for payment has expired. Counsel appearing for UPPCB stated that no amount has been paid by the project proponents or recovered by the UPPCB till date.
The affidavit filed by the applicant stated that a lot of construction material and structures are still lying on the river bank/bed side which include concrete structure, brick structure. The court noted that no action for remediation of the damaged environment has been taken by the authorities till date.
When questioned, counsel appearing for the UPPCB as to what remedial action has been taken for restoration of damaged site by the UPPCB, the counsel could not reply satisfactorily. The NGT directed the Member Secretary, UPPCB to appear before the tribunal on the next date to explain as to why action for remediation of the damaged site has been taken by the UPPCB till date.
UPPCB was also asked to explain as to why for "such flagrant violations of the environmental laws" on the river bed/bank, where concrete structures have been raised which is totally prohibited, action for prosecution of the violators has not been taken till date. The NGT enquired from the counsel for the MoEF&CC as to how a turtle sanctuary could be de-notified unless there is a finding that in fact, no turtles are residing at the site and if turtles were present, what has happened to the turtles available at earlier notified site. The counsel could not render any assistance and said that he needed time for instruction.