Order of the National Green Tribunal in the matter of Girja Shankar Rai & Others Vs State of Uttar Pradesh & Others dated 10/10/2023.

The matter related to protection of Laxmi Tal at Jhansi from unauthorized encroachments and pollution and preventing entry of untreated sewage and sullage was raised. The report filed by a committee stated that in the area which is registered as talab, two illegally constructed houses were found, which have now been demolished. In addition, there were 7 temples and a majar - which could not be demolished due to protest by the local people.

The counsel for the state of Uttar Pradesh referred to the independent committee report which stated that 7 drains (Kuberu nalla, Kasai Mandi nalla, Laxmi Tal nalla, Joshiyana nalla, Banglaghat nalla, Dimeryana nalla and Om Shanti Nagar nalla) were previously flowing into the Laxmi Tal. Now the sewage from these drains is being treated through STP and the dirty water of the drains is not flowing to Laxmi Tal or any other place. It has been mentioned that STP is treating on an average 17 MLD to 26 MLD sewage and out of which 4 MLD treated water is further treated and discharged in Laxmi Tal and remaining treated water is discharged in Naryan Bagh drain. In the report it is mentioned that water quality of the treated sewage is within the prescribed parameters.

The NGT observed that counsel for the state of Uttar Pradesh has failed to point out any report relating to the content of fecal coliform in the treated water discharge from the STP as also the water quality of Laxmi Tal and directed the state to disclose it in the next report.

The NGT also noted that the report contained photographs of the waterbody at the time of spot inspection and it was seen that an elevated boundary wall to support the steel fencing surrounding Laxmi Tal has been constructed. The boundary wall can affect the inflow of water from the catchment area into the waterbody and can have adverse effects on the survival of the tal. Therefore, the Commissioner, Municipal Corporation, Jhansi has been directed to submit the report in respect of the construction of the elevated boundary wall and path way surrounding the buffer zone of Laxmi Tal and its likely adverse effect on the tal or expected benefits therefrom.