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Judgment
J.S. Khehar, C.J. and Sudhanshu Dhulia, J.—In obedience to the order passed by us on the last date of hearing, Mr. Faheem Khan, Executive Officer, Nagar Palika Parishad, Ram Nagar is present in Court in person. Likewise Sri D.C. Tamta, Executive Engineer, Kosi Nirman Khand-II, Ram Nagar belonging to Irrigation Department is also present in Court in person. Respondent Nos. 4 and 5 have informed us that solid waste as well as sewer flows into the Kosi canal and has been polluting the same. During our interaction with them the following issues emerged:-1. The project to lay down sewer in the city of Ram Nagar is under implementation. Sewer pipes have been laid in almost half of the city. However, the sewer pipes laid are still unused and not in operation. The project to lay sewer lines in the remaining part of the city was commenced in the year, 2005, but has since not taken off. Resultantly the expenditure already incurred for transfer of sewer waste from the residential area for treatment has not yet been put to use.
Residents of Ram Nagar are throwing sewer waste, as well as solid waste, into the Kosi canal and their actions violate the provisions of the Northern India Canal and Drainage Act, 1873, as well as, the provisions of Indian Penal Code. However, no action whatsoever has been taken against them till date.
A project for the management of solid waste implemented in the city of Ram Nagar has resulted in the erection of a Plastic Treatment Plant. The aforesaid Plastic Treatment Plant has become operational recently, and will be utilised to effectively dispose of the plastic waste of the city. The remaining solid waste will be converted into manure, and will used for the said purpose. This project is also pending implementation.
Mr. D.C. Tamta has suggested that after the implementation of the aforesaid three activities the best manner to deal with prevention of affluents and waste finding their way into the Kosi canal (running within the municipal limits of the city of Ram Nagar) would be, to cover the same with an R.C.C. slab. This measure will ensure that pollutants including sewer and solid waste are not carried into the canal water.
In spite of the fact that a sewer line is in the process of being laid, it is suggested, that the installation of the sewer line would be an effort in futility unless a sewer treatment plant is installed. In this behalf it is pointed out that a proposal for installation of Sewer Treatment Plant in the city of Ram Nagar is pending consideration with the State Government since 2006, and yet, no final decision has been taken thereon.
Keeping in view of the factual position indicated hereinabove, as also the proposals made to us, we consider it just and appropriate to issue the following directions:
Firstly, respondent No. 5 shall identify the spots at which the inhabitants of the area are dispensing sewer into the Kosi canal and report in this behalf shall be submitted by Mr. D.C. Tamta to this Court within one week.
Secondly, Mr. Faheem Khan shall identify the residents of the city of Ram Nagar, who are dispensing their sewer and other waste into the canal and submit a report depicting their names within one week from today. Having identified the aforesaid residents, respondent No. 4 the Nagar Palika Parishad, Ram Nagar shall issue notice to the residents concerned under the provisions of the Northern India Canal and Drainage Act, 1873, as also, under the Indian Penal Code. Needful shall be done within further period of one week.
Thirdly, the implementation of the Solid Waste Management System shall be implemented forthwith. We are informed that segregation of organic and non-organic waste material is being carried out, and inorganic material is being treated at the Plastic Treatment Plant. The aforesaid project should continue operating at the 100 per cent.
Fourthly, the proposal of covering the Kosi canal by an R.C.C. slab be examined and be placed for the consideration of this Court after receipt of expert opinion from the concerned quarters within three months from today. In the process of implementing the instant project, the inflow of water during the Monsoon season be also taken into consideration.
Fifthly, Mr. H.M. Raturi shall obtain instructions in connection with the installation of the Sewer Treatment Plant in the city of Ram Nagar consequent upon the proposal submitted to the Government in the year, 2006 and furnish an affidavit in this behalf within two weeks from today.
A copy of this order be supplied to the learned Counsel representing the respondents free of cost under the signatures of the Bench Secretary attached to this Court, for onwards transmission to the parties concerned.
To come up for further consideration on 16th March, 2010.