Mahakumbh Waste Disposal PIL, Allahabad High Court Directs Petitioner To Approach National Green Tribunal

By

Rajesh Pandey

 Hearing a PIL seeking removal of improper wastes at ghats of Prayagraj left after Mahakumbh, the Allahabad High Court disposed of the PIL, directing the petitioner to approach the National Green Tribunal (NGT), which can speedily and efficaciously deal with the matter.

Disposing of a PIL filed by Anshika Pandey and seven other law interns, a division bench comprising of Justice Jayant Banerji and Justice Madan Pal Singh observed, “In our opinion, since the Tribunal under the National Green Tribunal (NGT) Act has jurisdiction under section 14 and it can speedily and efficaciously deal with the matter being sought to be raised by the petitioners.

We deem it fit to dispose of this petition leaving it open to the petitioners to approach the Tribunal under the NGT Act for redressal of the grievances”.

The contention raised by the petitioners was that the matter relates to environmental pollution as a result of improper waste disposal near different river ghats in Prayagraj after the Kumbh Mela, which will affect the public at large, given the monsoon season, which is about to begin.

Should the water level reach the area and ghats concerned, it will cause irreparable loss and harm to society and the public at large, and hence this petition was filed.

The allegations were also made regarding there being no proper waste disposal in the Triveni Ghat at Jhunsi. In the Sangam Ghat, it was also found that plastic waste bags were left unattended, garbage was unsegregated and standing, and untreated water had accumulated, causing foul odour and insect breeding.

It was further contended that in the Dashashwamedh Ghat, no designated area for waste disposal was found, leading to scattered and unsegregated garbage. It was stated that dumped malwa (debris), pillars, and leftover temporary infrastructure would obstruct the river flow and drainage.

Untreated organic waste would lead to nutrient overload in water, which fosters algal overgrowth, blocks sunlight, and depletes oxygen, thereby creating a hostile aquatic environment.

On the other hand, the counsel for Kumbh Mela Authority,  Kartikeya Saran, raised a preliminary objection regarding maintainability of this petition on the ground that under the provisions of the National Green Tribunal Act, 2010, the petitioners have an efficacious alternative remedy by approaching the Tribunal.

He contended that this petition may not be entertained by this court. The aforesaid argument was adopted by the Nagar Nigam, Prayagraj, and the UP government’s counsel.

After hearing both sides, the court in its judgment dated June 27 disposed of the PIL saying, “In the opinion of the court, the preliminary objection raised by the counsel for the respondents as to the maintainability of the present petitiongivenf the statutory alternative remedy provided under the NGT Act, appears to be correct.

Under Section 14 of the NGT Act, the tribunal has jurisdiction over all civil cases where a substantial question relating to the environment (including enforcement of any legal right relating to the environment) is involved.