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NGT says UPPCB working mechanically with data, without verifying it

The National Green Tribunal (NGT) has noted that the Uttar Pradesh Pollution Control Board (UPPCB) has filed the reply mechanically without undertaking any exercise to ascertain the figures relating to the generation and processing of plastic waste in the city of Lucknow.  

The Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr A. Senthil Vel heard a suo motu application registered suo motu, the Tribunal is examining the issue of generation of nearly 300 MT of plastic waste in lucknow city every day as mentioned in the news item dated 22.04.2024. 

The news item also states that there was a fivefold jump from 59 tons in 2015 to 300 MT of plastic waste generation in the city in 2024. By the order dated 27.05.2024 the Tribunal had impleaded respondent and issued notice.

Reply dated 10.09.2024 has been filed by Respondent No. 1 UPPCB. The reply is based upon some information provided by the Environmental Engineer Nagar Nigam Lucknow to the effect that the total waste generated in Lucknow city is approximately 99 tons per day. The reply does not reflect that the UPPCB made any attempt to crosscheck such information nor does it reflect how Nagar Nigam Lucknow assessed the quantity of waste generated in Lucknow city, the Bench noted.

On the basis of the information so provided by the Nagar Nigam Lucknow a stand has been taken by the UPPCB that out of 99 tons per day, 86 tons per day is processed. It mentions that a penalty of Rs. 15.26 lakhs was imposed on the defaulters and recovered.

The Bench found that the UPPCB has filed the reply mechanically without undertaking any exercise to ascertain the figures relating to the generation and processing of plastic waste in the city of Lucknow.  

The news item, based on which suo motu cognizance has been taken, states about the disclosure made by the Environmentalist. 

It also refers to certain reports of CPCB and mentions the serious adverse effects of plastic waste on the soil quality and health of the residents. 

“Therefore, before taking any stand and filing the reply the UPPCB was expected to carry out the groundwork meticulously and ascertain the correct position.”

The Counsel for the UPPCB seeks three weeks to file a fresh report, keeping in view the observations made above.

Having regard to the above, the NGT also impleaded additional respondent as under: Respondent No. 5: Commissioner, Municipal Corporation, Lucknow.   

Newly added respondent is directed to file a response/reply by way of affidavit before the Tribunal at least one week before the next date of hearing through e-filing. If any respondent directly files the reply without routing it through his advocate then the said respondent will remain virtually present to assist the Tribunal, the Bench directed listing the matter on 12.12.2024.

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