Order of the National Green Tribunal regarding setting up of colonies without requisite infrastructure in Agra, Uttar Pradesh, 18/01/2023

  • 18/01/2023

Order of the National Green Tribunal in the matter of Devanshu Bose Vs Agra Development Authority & Others dated 18/01/2023.

Grievance in the application is against failure of the state authorities to prevent discharge of sewage on open land from ‘Nalanda Town’, a housing colony developed by a builder at Shamshabad Road area of Agra, Uttar Pradesh. Sewage is estimated to be 1.45 lakh litres per day. Agra Development Authority (ADA) is primarily responsible for such failure, the complaint said.

A joint committee report, February 22, 2022 acknowledged that sewage was not being treated and was being discharged on land and also going to a drain. Also, there was no sewer line.

An action taken report filed by the Principal Secretary, Urban Development, Uttar Pradesh, December 12, 2022 said that requisite sewage treatment plant (STP) has been set up at Nalanda Town colony, Agra. FIR has been lodged against the developer and the Uttar Pradesh Pollution Control Board has levided compensation of Rs. 2,13,98,438 for discharge of sewage in open against the developer.

The court noted that from the data presented it becomes clear that more than 85 MLD sewage is going untreated in River Yamuna or drains connected to it. In such factual situation, permitting setting up of colonies without infrastructure is against sustainable development principle.

The NGT directed the Agra Development Authority (ADA) to pay further amount of Rs 2 crores towards compensation for restoration of damage to environment over and above compensation of Rs. 25 lakhs earlier levied.