Order of the National Green Tribunal in the matter of Nipun Bhushan Vs Government of Uttar Pradesh & Others dated 24/02/2025.

The applicant, Nipun Bhushan has  raised a grievance against the alleged open defecation during Maha Kumbh in Prayagraj. The allegation of the applicant is that open defecation is due to lack of functional or clean bio-toilets.

In support of the allegation made in the application, the applicant has not filed any other material, except enclosing two video footages in a pendrive. These video footage do not have the geo-coordinates, the court noted. The Uttar Pradesh Pollution Control Board stated that the pen drive containing the video recording have not been supplied to the authority.

During the course of hearing, the applicant has also referred to the two reports published in the Times of India and Down to Earth which have not been placed on record.

NGT Chairperon Justice Prakash Shrivastava said that the application raised an issue which is time sensitive. Hence, some competent authority should examine the truthfulness of the allegations made by the applicant by ascertaining the correct factual position at the ground level.

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Counsel for the UPPCB has submitted that if all the relevant material is supplied by the applicant, the UPPCB will duly consider the grievance and will ensure the remedial action. The NGT directed the applicant to submit all the material in support of the allegation made to the Member Secretary, UPPCB, who on receipt of the same would immediately ascertain the correctness of the allegation by carrying out the spot inspection. If the allegation is found to be correct, the authority will take immediate remedial action and submit an action taken report before the Registrar General of the tribunal within four weeks.