Mahesh Chandra Saxena vs State of Uttar Pradesh

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• Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc -... Upgrade to Premium [Cites 1, Cited by 0 ] ### National Green Tribunal

Mahesh Chandra Saxena vs State Of Uttar Pradesh on 25 March, 2026

Item Nos. 08-09 Court No. 1

           BEFORE THE NATIONAL GREEN TRIBUNAL
               PRINCIPAL BENCH, NEW DELHI

                 Original Application No. 1046/2019

Mahesh Chandra Saxena Applicant

                             Versus

State of Uttar Pradesh & Ors. Respondent(s)

                                  With

                 Original Application No. 25/2020

Vikrant Tongad Applicant

                             Versus

Union of India & Ors. Respondent(s)

Date of hearing: 25.03.2026

CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

Applicant: Mr. Rahul Choudhary, Adv. for Applicant in OA 25/2020

Respondents: Mr. Pradeep Misra & Mr. Daleep Dhyani, Advs. for UPPCB (Through VC)
Mr. Srinivas Vishven, Adv. for CPC B
Mr. Rachit Mittal, Adv. for Noida Authority (Through VC)
Mr. Arvind Chaudhary & Mr. Ankit Chaudhary, Advs. for R - 4
Mr. Utkarsh Sharma, Adv. for R - 5 in OA 1046/2019 (Through VC)
Mr. Gigi. C. George & Ms. Neha Sharma, Advs. for CGWA

                                ORDER 1.     Learned counsel appearing for the Respondent No. 3 submits that

reply dated 23.03.2026 has been filed in OA No. 25/2020. He seeks three

days' time to file the reply in the connected OA No. 1046/2029.

1. Learned counsel for the Applicant has also submitted that the

paragraph 6 of the interim order of the Tribunal dated 19.06.2020 is

required to be complied with. In paragraph 6 of that order the Tribunal had

issued following directions:-

"6. The UP State PCB has failed to assess and recover compensation
for illegal drawal of ground water as per norms referred to in above
order dated 21.9.2019. The assessment of quantity of water drawn
needs to be made realistically and adverse inference has to be drawn
for absence of water meter instead of accepting ipsi dixit of an
interested law violator. Water audit may be conducted to ascertain the
extent of use and replenishment of ground water in the last three
years by the same Committee with an additional representative of
CPC B and Indian Institute of Technology, Delhi ("IIT Delhi"). The
Committee may also assess compensation to be paid. The Committee
may also look into the water quality aspects of the rain water
harvesting systems and suggest remedial measures as may be found
necessary. The report may be furnished within four months from
today by e-mail at judicial-ngt@gov.in (preferably in the form of
searchable/OCR PDF and not image PDF). The same be also.
uploaded on website of CPC B with notice to affected parties who may
file their response, if any, before the next date."
3. It has been pointed out that the aforesaid paragraph 6 of the order

has not been modified by the Hon'ble Supreme Court while passing the

order dated 26.03.2025 in Civil Appeal No. 3074 of 2025. Therefore, the

said order is required to be complied with.

1. Learned counsel for the Applicant has submitted that in terms of the

paragraph 6 of the order water audit is required to be conducted to

ascertain the extent of use and replenishment of the ground water in the

last three years by the Committee which was constituted by the order dated

20.12.2019. The Tribunal by order dated 20.12.2019 had constituted the

following Committee:-

"Before proceedings further, we consider it necessary to require
factual report from a joint Committee of State PCB, CPC B, District
Magistrate, Gautam Budh Nagar, NOIDA Authority and Central
Ground Water Authority. The State PCB will be the nodal agency for
compliance. The Committee may furnish its report within one month
by e-mail at judicial-ngt@gov.in."
5. In the above Committee, in terms of the direction contained in

paragraph 6 quoted above the additional representatives of the CPC B and

IIT Delhi are required to be included. In that Committee the Member

Secretary, UP PCB is the nodal agency. Hence, the Committee is directed

to do needful in terms of paragraph 6 of the order of the Tribunal dated

19.06.2020. The Member Secretary, UP PCB being the nodal agency will

ensure appropriate action by the Committee in terms of this order and the

Committee will submit the report within six weeks.

1. Let a copy of this order be sent to the Director, IIT Delhi for necessary

compliance.

1. List on 16.07.2026.

Prakash Shrivastava, CP

                                                   Dr. A. Senthil Vel, EM

                                                    Dr. Afroz Ahmad, EM

March 25, 2026
Original Application No. 1046/2019
Original Application No. 25/2020
A