Order of the National Green Tribunal regarding protection of Laxmi Tal, Jhansi, Uttar Pradesh, 30/04/2024
Order of the National Green Tribunal in the matter of Girja Shankar Rai & Others Vs State of Uttar Pradesh & Others dated 30/04/2024.
The matter related to protection of Laxmi Tal at Jhansi from pollution and unauthorized encroachment and discharge of untreated sewage and sullage.
The NGT by order, January 3, 2024 had directed the Commissioner, Municipal Corporation, Jhansi to file a water quality analysis report reflecting the quality of water of Laxmi Tal as well as treated effluent of 26 MLD STP. No report by the Municipal Corporation, Jhansi has been filed in terms of the above direction. District Magistrate Jhansi had constituted a committee "in spite of the fact that there was no direction to the District Magistrate to submit any report."
The court also raised questions on the composition of the so-called committee where not even a single member from the State Pollution Control Board was included in that committee. There were two members of the committee stated to be "water experts" of Bundelkhand University, Jhansi.
Counsel appearing for State of Uttar Pradesh could not disclose the background of those members and how they are treated to be water expert. "An attempt has been made by the counsel for Uttar Pradesh to rely upon such a report but "unless the authenticity of the report is established such a report cannot be relied upon," the court said.
Therefore, the court directed the Commissioner Municipal Corporation, Jhansi to file a report within six weeks in terms of the observations/directions contained in the order dated January 3, 2024. In the report, the Commissioner, Municipal Corporation should also disclose the nature of construction which is raised/existing in the middle of the pond and quantity of treated and untreated sewage water discharge in the pond, original area of the pond and present existing area.