Subhash Gupta & Ors. v. Union of India & Ors.

Coram:  Hon’ble Mr. Justice Adarsh Kumar Goel, Chairperson, Hon’ble Mr. Justice Sheo Kumar Singh, Judicial Member, Hon’ble Dr. Nagin Nanda, Expert Member
Keywords: water drains, The Water (Prevention and Control of Pollution) Act, 1974
Decision: Disposed
Date: 10.02.2021
The application was filed to enforce the order of the Tribunal for proper maintenance of storm water drains in Gurgaon. The matter was considered by Tribunal on 8.01.2019 in the light of report submitted by director, Town and Country Planning Department. The matter was considered on 06.03.2020 and 5.10.2020 in the light of reports of  Gurugram Metropolitan Development Authority (GMDA) and Commissioner, Municipal Corporation, Gurgaon (MCG). Further report had been filed by the GMDA and other authorities of Haryana.
The Tribunal observed that there’s a huge gap in generation and treatment of sewage is continuing in violation of law. The Water (Prevention and Control of Pollution) Act, 1974 was enacted 47 years back under which pollution of water is a criminal offence. The Tribunal noted that the lackadaisical approach adopted in the matter is a matter of concern for the citizens. Accordingly, the Chief Secretary of Haryana was directed to take further remedial action in mission mode to ensure that compliance of the constitutional mandate and for the safety of health of the citizens. CPCB had to provide such technical assistance as would be necessary, subject to senior officers of the Haryana Government coordinating with the Member Secretary, CPCB forthwith.
The application was disposed of.