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2018 DIGILAW 474 (UTT)

NARENDRA v. STATE OF UTTARAKHAND

2018-11-02

RAJIV SHARMA, SHARAD KUMAR SHARMA

body2018
JUDGMENT Rajiv Sharma, J (Oral) In sequel to the directions issued by this Court yesterday, i.e. on 1st November, 2018, Mr. Lalit Narain Mishra Commissioner, Municipal Corporation, Haridwar is present in the Court. Mr. Krishna Kumar Rastogi, Superintending Engineer, Peyjal Nigam, Haridwar is also present in Court. 2. Mr. Lalit Narain Mishra has apprised this Court that sixteen CCTV Cameras are already installed. Tenders have been called for installing 72 more CCTV Cameras to ensure that the Ghats are not littered and absolute cleanliness is maintained. He has also apprised this Court that 24 stray cattle were captured from “Kusha Ghat" and they have been lodged in Gaushala called “Nandi Shala". He has also told us that these cows are being properly fed. He has brought to notice of the Court that toilets at “Kusha Ghat" are being maintained properly. 3. We had issued direction to respondent no. 4 to construct twenty five changing rooms within a period of one month from the date of passing of the order. 4. Mr. Lalit Narain Mishra told us that twenty five changing rooms have already been installed, ten are under construction and further five have been donated by Punjabi Maha Sabha. Construction of changing rooms is of utmost importance. 5. We have also emphasized in our previous order that more and more toilets are to be constructed at Ghats. 6. Mr. Lalit Narain Mishra has told us that steps are being taken to increase the number of toilets. Total 71 toilets are operational on all the Ghats. He has pointed out that there is shortage of land for installation of toilets. He has also pointed out that all the Ghats are being cleaned after every three hours round the Clock. He has also apprised this Court that the drain in front of Chotiwala restaurant has been covered and is being cleaned regularly. He has also told the Court that the sewerage pipes between “Hotel Teerth" and “Nai Sauta", which are empting into river Ganges, have been sealed and the persons, who were permitting the sewerage pipes to be opened directly into river Ganges, have been challaned and fifteen encroachments have also been removed from “Nai Sauta". 7. We appreciate the steps taken by the Commissioner, Municipal Corporation, Haridwar for removal of the encroachments from the Nalas. 8. We were also apprised that the garbage at “Rodibelwala" has been removed. 9. 7. We appreciate the steps taken by the Commissioner, Municipal Corporation, Haridwar for removal of the encroachments from the Nalas. 8. We were also apprised that the garbage at “Rodibelwala" has been removed. 9. Now, as far as sealing of “Kassaban" Nala is concerned, the District Magistrate, Haridwar had directed on 13th September, 2018 to Uttarakhand Peyjal Nigam to seal the same. The “Kassaban" Nala is empting eight million liters of untreated sewerage directly into river Ganges. It is affecting the quality of water of already polluted river Ganges. 10. Mr. D.S. Patni, Advocate, on the basis of the instructions to him, by the Superintending Engineer, Peyjal Nigam, has submitted that 74 per cent work of installing of pumping station and treatment plant has been completed. 11. Accordingly, we issue the following mandatory directions:- (A) There shall be a direction to respondent no.4 to complete the tender process within a period of 15 days and to install the remaining 72 C.C.T.V. Cameras at Ghats within a period of one month from today. (B) Respondent no.4 is directed to maintain the toilets at “Kusha Ghat" properly in future also. (C) Respondent no.4 is also directed to at least provide hundred State-of-the-art changing rooms, out of which 50 shall be set up at Har Ki Pedi and other connected Ghats, and remaining would be provided on major Ghats. These changing rooms shall be maintained properly and the highest woman Officer serving in the Municipal Corporation, Haridwar shall visit these changing rooms every day to ensure their cleanliness and maintenance. Respondent no.4 is also directed to construct at least 300 toilets by taking into consideration the rush on each Ghat. These toilets shall be constructed within a period of six months from today. It is also made clear that all the toilets shall be connected to the main sewerage line and no sewerage shall be permitted to be discharged directly into river Ganges. (D) We direct the Irrigation Department, Haridwar to provide sufficient land for construction of the toilets. The senior most Officer of the respondent no.4/Corporation shall hold meeting with the Superintending Engineers of Irrigation Department, U.P. and Irrigation Department, Uttarakhand within 48 hours from now. The land shall also be transferred within a further period of 15 days to the Municipal Corporation, Haridwar. The senior most Officer of the respondent no.4/Corporation shall hold meeting with the Superintending Engineers of Irrigation Department, U.P. and Irrigation Department, Uttarakhand within 48 hours from now. The land shall also be transferred within a further period of 15 days to the Municipal Corporation, Haridwar. (E) Respondent no.4 is further directed to maintain cleanliness, at Ghats by cleaning them every three hours round the Clock. The Commissioner, Municipal Corporation, Haridwar shall be personally liable to implement this order with the assistance of the Police. (F) Uttarakhand Jal Sansthan through its Executive Engineer (Sewerage Unit) is directed to render all assistance to respondent no.4 to ensure that sewerage pipes are not opened directly into river Ganges. (G) Respondent no. 4 and Executive Engineer (Sewerage Unit), Irrigation Department are directed to ensure that no garbage accumulates at “Rodibelwala" area. (H) The Superintending Engineer, who is present in person before this Court, fairly submits that the remaining 26 per cent work of installation of pumping station and treatment plant shall be completed by 31st December, 2018. It is made clear that thereafter not a drop of untreated water from “Kassaban" Naala shall be released directly into river Ganges. The pumping stations and treatment plants shall be made fully functional, as undertaken, on or before 31.12.2018. There shall be a direction to the Peyjal Nigam through Superintending Engineer, who is present in the Court to upgrade all the pumping stations working in the territorial jurisdiction of Municipal Corporation, Haridwar on or before 28.02.2019. (I) The Chief Secretary, State of Uttarakhand is directed to make available sufficient funds for executing the directions issued hereinabove to respondent no.4 as well as Peyjal Nigam on need based basis. 12. It is made clear that all the directions issued by this Court shall be implemented and shall not be affected by model code of conduct. 13. Respondents shall file action taken report on or before the next date of listing. 14. List this matter on 21st December, 2018.