Order of the National Green Tribunal in the matter of Ganesh Chand Sharma Vs State of Uttarakhand & Others dated 11/05/2022.

The applicant (Ganesh Chand Sharma) has requested issuance of directions to the respondents not to construct Taradi-Dhabra Shashikhal Motar Marg above the naula of village Malla Dhadhariya and to adopt alternate routes to protect it from damage. The applicant has claimed that naula in question is the only natural water resource more than 100 years old which serves the inhabitants of village Malla Dhadhariya and Soli besides students and teachers of the school situated nearby.

The court directed that factual position needs to be verified and remedial action is required to be taken. Directions were given for the constitution of a joint committee to verify the factual position, look into the grievances of the applicant and especially consider the alternative suggested by the applicant for saving the naula from destruction in consultation with some local expert in the field of Himalayan geo-hydrology, if so required. Uttarakhand Pollution Control Board would be the nodal agency for coordination and compliance.