1. The applicant approached the Rajasthan High Court for direction to check pollution in Sujanganga Nehar and to construct a periphery wall around the said canal for protection from pollution. It was stated that the said canal is surrounded by a historical fort which was a protected monument. The same was being polluted. The State Pollution Control Board as well as the Municipal Corporation of Bharatpur have failed to take any action.
2. The High Court directed transfer of the Writ Petition to this Tribunal. The applicant approached the Hon'ble Supreme Court and the Hon'ble Supreme Court transferred the matter to this Tribunal.
3. Notice was issued to the MoEF, the State of Rajasthan, the Rajasthan Pollution Control Board and the Executive Engineer, PWD - Respondent - 11 who has since retired, apart from others. The learned counsel for the Applicant states that respondent no. 11 is not required and has been wrongly impleaded. His name is accordingly deleted.
4. We find from the record that an affidavit was filed before the Hon'ble Supreme Court by the CPCB, Respondent no. 5. However, the said affidavit does not deal with the matter. There is also an affidavit filed by the PWD to the effect that the encroachments have been demarcated. There is also a direction of the High Court dated 14.11.2011 in C.W.P. No. 065/96 decided on 16.08.2000 for removing the encroachments, 41 encroachments are said to have already been removed and 5 still remain to be removed. The order of the High Court dated 14.11.2011, however, records that there are 860 encroachments out of which 760 have been removed. It is also mentioned that there are other encroachments also. Accordingly, the High Court directed as follows:
“In the circumstances, Respondents are directed to show what steps have been taken for segregation of hospital waste as per the Rule and submit compliance report that segregation of waste has been started within a period one month from today. Let an effort be also made by the Respondents to establishment of plant at Alwar cannot serve the purpose to District Bharatpur.
The Respondents are also directed to submit the traffic plan prepared in 2001 and what extent it has been implement. Let specific Affidavit be filed in this regard.
With respect to Pollution free environment, we direct the Pollution Control Board to conduct air and water test at the various places and to submit report within a period of one month and also submit proposal what steps required to be taken for providing pollution free environment. Present status report with respect to steps to be taken preserve environment be also indicated.
With respect to the fixation of accountability of officers/officials as huge amount of more than 3 crores had gone in waste on account of faulty design and construction of canal, it is submitted that First Information Report has been filed. Let the Respondents place on record the stage of investigation and also place on record the case diary on the next date.
It is also submitted that the fort and Moat of Bharatpur Canal have been severely damaged at several places. Archaeological Department to make survey and submits its plan for recuperation of the fort and Moat amount required for the purpose of its proper restoration.
We also request the District Bharatpur to make inspection with respect to the aforesaid various aspects enumerated in the order and submit the report within a period of six weeks from today. It is open to the parties to provide material to the District Judge. Copy of the petition and the order passed on 11.05.2010 and copy of this order be forwarded to the District Judge.”
5. Learned Counsel for the State Pollution Control Board states that within one month from today, necessary steps will be taken for enforcing the environmental laws. We direct the Collector and District Magistrate, Bharatpur to take necessary steps for removing the encroachments and also for protection of the canal in question.
6. The applicant is at liberty to put forward his view point before the Collector which may be dealt with in accordance of law.
7. We direct the Collector Bharatpur to file a status report of the steps taken in the matter on or before 31 December, 2018. The application is disposed of.
8. The report may be put up for further consideration in March 2019.