National Green Tribunal
Dr. Lubna Sarwath Co-Convenor vs The State Of Telangana on 18 August, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.3
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 85/2015 (SZ)
&
(M.A.No. 174/2016 & 232/2016 (SZ)
IN THE MATTER OF
Dr. Lubna Sarwath ...Applicant(s)
With
State of Telangana and Ors.
...Respondent(s)
Date of hearing: 18.08.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): M/s. Niveditha S. Menon represented Smt.
Rema Smrithi
For Respondent(s): Smt. Renuka represented Smt. H. Yasmeen
Ali for R1
Sri. D. Srinivasan for R2
Sri. Lakshmi Narasimhan represented Sri. T.
Sai Krishnan for R3 & R4.
1
ORDER
1. As per order dated 22.01.2020, after considering the status report submitted by the Telangana State pollution Control Board regarding the water quality of the Hussainsagar lake and also status report submitted by the 2nd respondent, this Tribunal had constituted a committee to go into the question of pollution caused to the water body and also to consider the terms of the reference given by this Tribunal as per order dated 26.05.2015 regarding the impact of construction in the lake as alleged in the application and submit a report to this Tribunal and posted the case to 08.04.2020. On 08.04.2020, it was adjourned to 05.05.2020 and on 05.05.2020 it was adjourned to 03.06.2020 and on 03.06.2020, it was adjourned to 09.06.2020 by successive notifications.
2. On 09.06.2020, at the request of the committee the same has been adjourned to today for submission of report.
3. When the matter came up for hearing today through Video Conference, M/s. Niveditha S. Menon represented Smt. Rema Smrithi counsel for the applicant. Smt. Renuka represented Smt. Yasmeen Ali counsel for the 1st Respondent, Sri. D. Srinivasan represented 2nd respondent and Sri. Lakshmi Narasimhan represented Sri. T. Sai Krishnan represented respondents 3 and 4. 2
4. We have also received a report submitted by the Joint committee which reads as follows:
Report of the Joint Committee Constituted in compliance with the Order dated 22/01/2020 of Hon'ble NGT(SZ), Chennai in O.A. No.85 of 2015(SZ) &M.A. No.174/2016 & 232/2016 (SZ) in the matter of Lubna Sarwath Vs State of Telangana &Ors.
1. PREAMBLE:
Dr. LubnaSawath, Co-Convenor, Save Our Lakes Voluntary Organization has filed an Original Application No. 85 of 2015 (SZ) before the Hon'ble National Green Tribunal (Southern Zone), Chennai with the prayers referred therein. When pending disposal of the above matter, Hon'ble NGT(SZ), Chennai has passed an Order dated 22/01/2020 and the operative portion of the Order is reproduced as under:
"7. So under such circumstance we feel it appropriate to appoint a Joint Committee to go into the question comprising of Central Pollution Control Board (CPCB), Ministry of Environment, Forest and Climate Change (MoEF&CC), IIT, Hyderabad and National Institute of Hydrology having branch at Kakinada.
8. The above committee is directed to go into the question and consider all the objections raised by the parties to the earlier report of 2015 and come with a consolidated report showing the impact of construction in the lake as per the TOR given by this Tribunal by order dated 26.05.2015 as follows:-
(i) Factors responsible for causing pollution of the lake.
(ii) Efforts made by the concerned State Government departments / authorities in taking up measures in cleaning the lake and preventing further pollution.
(iii) Action taken / proposed to prevent the untreated sewage and effluents from entering into the lake through storm water drains (nalas).3
(iv) Action taken to divert the untreated sewage and effluents from entering the lake through storm water drains particularly in respect of Kukatpallynala which is reported to be the main sources of discharging huge quantity of untreated sewage and effluents causing pollution in the lake.
(v) Whether any polluted water is released from the lake into the River Musi in the current summer season and if so how much quantity and for what purpose.
(vi) Whether any damage is observed to the ecology and environment in the River Musi if polluted water from the lake is found to be released in the current summer season, distance covered by the flowing polluted water in the River Musi and whether there are any signs of released polluted water entering River Krishna.
(vii) Is it a fact that the authorities have undertaken civil works for repairing the sluice gates of the lake and for this purpose only they have to release some amount of water from the lake into the River Musi?
(viii) To verify that the work undertaken by the State Government is limited to the repairs of the sluices and there is no unnecessary dewatering of the lake.
(ix) Whether the work of repairs and improvement to sluice gates is under progress and if so, what is the stage of the civil works and the due date of completion of such works.
(x) Are there any environmental studies undertaken for siting of the proposed activities in the lake in question?"
9. The present committee shall also go into those aspects and consider the report submitted by the earlier expert committee while preparing the report. The committee is at liberty to co-opt any expert member whom they feel necessary for the purpose of undertaking this aspect. The committee shall complete the study within a period of three months.4
10. Telangana State Pollution Control Board (TSPCB) will be the nodal agency for coordination including providing the logistics and expenses to meet the exercise".
2. Constitution of Joint Committee:
In compliance with the Order dated 22/01/2020 of Hon'ble NGT, Chennai, as a Nodal agency, Telangana State Pollution Control Board (TSPCB) vide letter dated 6/2/2020 requested the concerned Authorities to depute / nominate Member from their Organization. Based on the nominations received / Officers deputed from the organizations concerned, constituted a Joint Committee, comprising the following members:
(i). Dr. Y.R.S. Rao, Scientist-G, DRC Kakinada, National Institute of Hydrology, Kakinada.
(ii). Dr. Shashidar, Associate Professor, IIT, Hyderabad.
(iii). Dr. M.T. Karuppiah, Scientist-D, MoEF&CC, Regional Office, Chennai.
(iv). S. Jeyapaul, Scientist 'D', Central Pollution Control Board, Regional Directorate, Bengaluru.
3. Terms of reference to the Joint Committee:
The Terms of Reference of the present Joint Committee is to look into the aspects covered therein the TOR referred therein the order dated 26.05.2015 of Hon'ble NGT in the matter as cited above and consider the report submitted by the earlier expert committee.
4. Meeting of the Joint Committee and Observations:
As directed by the Hon'ble NGT(SZ), the nodal agency (Telangana State Pollution Control Board) coordinated with the Members and other authorities concerned. Meeting of the Joint Committee and site visit was held on 16.03.2020 and 17.03.2020. All the Committee members took part in the meeting and site visit was carried out along with the representatives from TSPCB and HMDA.In the meeting, the Committee members deliberated the facts and issues involved in the case and on the Terms of References (TOR) to the Committee. During the site 5 visit the water/waste water samples were collected from seven locations and analysed through Central Laboratory, TSPCB, Hyderabad. During the meeting, it was requested the Nodal Agency (TSPCB) to coordinate with the various stakeholder and collect the input information required. Accordingly, TSPCB collected the information and shared to the Committee Members. The view of the Lake and the receiving streams/drains with the demarcation of the sampling locations is shown below in Fig 1:
Fig 1: View of Hussainsagar Lake with receiving Streams/Drains and Sampling Locations
5. Methodology of Monitoring and Sample Analysis:
The liquid effluent samples were collected from the Kukatpally Nallah(U/S) at Fateh Nagar and D/S at Necklace Road just before joining the Lake. Apart these the water samples were collected in Hussainsagar Lake at Necklace Road, NTR Gardens, Boats Club, Bridge-1, Sanjeevaiah Park, Tank Bund Road, Sailors Club and Outlet of the Lake near Viceroy Hotel. All the samples were grab in nature and the sampling was carried out on 17.03.2020. The samples collected were preserved and sealed at the field itself and sent to Central Laboratory of TSPCB, Hyderabad for further analysis. The sampling and analysis of samples were followed as per the procedures prescribed in the Standard Methods for the 6 Examination of Water and Wastewater, APHA, 23rd edition. The sampling locations are shown in Fig - 1above.The analytical results of the water sample collected during the visit are enclosed as Annexure - 1. The photographs taken during the site visit is shown asAnnexure-2.
6(i). Factors responsible for causing pollution of the Lake:
The important factors responsible for causing of pollution of the Lake has already described in the previous Committee Report and presently there is no any significant change. The five major nallahs which flow into the Hussainsagar Lake (BalkapurNallah, Banjara Nallah, YosufgudaNallah, KukatpallyNallah and Picket Nallah) mostly carrying domestic Sewage and Storm water except KukatpallyNallah, which carries treated industrial effluents apart from domestic Sewage and Storm water. The Hyderabad Metropolitan Water Supply &Sewerage Board (HMWS&SB)has constructed STPs on two Nallahs i.e., Balkapur Nallah (20 MLD) and Picket Nallah (30 MLD) for treatment and disposal of domestic sewage generated. The treated water from these two STPs is discharged into HusssainsagarLake. The sewage from the remaining Nallahs is diverted from entering into Hussainsagar Lake through separate channels/pipelines like A-main & 18 Km pipeline. However, during peak hours (Morning 7:00 A.M to 12:00 Noon) and during monsoon season 100% diversion does not takes place and the untreated sewage entering into Hussainsagar lake by gravity. Further, during choking of I&D structure also the untreated sewage will enter into Hussainsagar Lake.
The treated water from STPs of Balkapur Nala (20 MLD) and Picket Nala (30 MLD) are discharged into the Hussainsagar Lake on one side and the partial discharge of untreated sewage and industrial effluent from other side to the Hussainsagar Lake plays major role on this lake water quality.
The Joint Committee observed during inspection that about 40-50% of untreated waste water comprising of untreated sewage and industrial effluent from the Kukatpally Nalla directly joining to the Hussainsagar Lake by overflow of the barriers constructed at just before entry into lake and the remaining stream was found to flowing towards I&D structure of 100 MLD capacity. 7 6(ii).Efforts made by the concerned State Government departments/ authorities for cleaning the Lake and preventing further pollution:
Reportedly, M/s Hyderabad Metropolitan Development Authority (HMDA) invited global tenders for the proposals to design, procure, implement, proven technological intervention to arrest odour nuisance, algal blooms and to improve the water quality of Hussainsagar Lake from international agencies. In response to this eight agencies submitted their proposals and HMDA after evaluation has reportedly placed the work order to M/s Matrix Environment INC, Bahadurpura, Hyderabad for an amount of Rs.1,52,000,00/- (Rupees One Crore Fifty Two Lakh only) on 25.03.2020. As per the work order the work needs to be completed within a period of 6 months. But, the Joint Committee did not receive any technical documents about this work. Apart from this, the HMWS&SB has constructed 8 Nos. of I&D structures along the 5 Nos. of inlet nallahs of Hussainsagar Lake to divert untreated sewage from entering into the Lake.
6(iii). Action taken / proposed to prevent the untreated sewage and effluents from entering into the Lake through storm water drains (nalas):
The steps taken to prevent the untreated sewage and effluents from entering into the Hussainsagar Lake through storm water drains (Nalas) as provided by the Hyderabad Metropolitan Development Authority isfurnished below:
The four Nalas viz.BalkapurNala, Banjara Nala, KukatpallyNala and Picket Nala which are carrying Sewage inflows into the Lake leading to the pollution of the lake are proposed for diversion to the existing sewer system.
BalkapurNala: A new I & D structure of capacity 52 MLD is taken-up in addition to existing 22 MLD already commissioned and the sewage is diverted to the 'A' Main. Trunk mains of HMWS&SB discharged into downstream of HussainsagarLake.
Banjara Nala:
I&D structure at Bridge No. 2 & 3 at Necklace Road: At initial stages of the project there was no flows to the Nalas at bridge No. 2 on Necklace 8 road which is downstream of Banjara Nala and also through bridge No.3. The flows are generated and increased due to the developmental activities on immediate upstream of these Nalasand sewage flows are entering into the Hussain Sagar Lake. The interception and diversion structure at bridge No. 2 & 3 on Necklace road are taken up, completed and commissioned on 06-04-2015 with full diversion of sewage entering into the Lake.
KukatpallyNala: Three I&D's are proposed under KukatpallyNala in addition to the two existing I&D's. The sewage generated from the catchment of Jeedimetla and Kukatpally are flowing through the KukatpallyNala leading to the Hussainsagar Lake. 75% of the total waste water flowing into the lake is through the Kukatpally Nala. The I&D's and pickup weir(4 Nos) are constructed, completed and commissioned. The Sewage is diverted through newly laid pipeline of 7.5 Kms length connecting the upstream of the catchment to the downstream of Hussain Sagar Lake.
o Balanagar: A new pickup weir structure is constructed along with 1400 mm dia pipeline for a length of 5 Kms is laid for diversion of sewage from the confluence of Jeedmedtla and Kukatpally Nala.
o Fathenagar: A new I&D structure of capacity 165 MLD was taken- up in addition to existing 75 MLD is completed and commissioned.
o Prakashnagar: A new I&D structure of capacity 44 MLD was taken-up in addition to existing 30 MLD is completed and commissioned.
o Necklace Road: A new I&D structure of capacity 100 MLD was taken up and commissioned.
o Enhancement of I&D at Divyashakti Apartments at YousufgudaNala:
At present the discharge from duplicate existing I&D on YousufgudaNala at DivyaShakthi Apartments is being diverted to A main. The existing facilities cannot handle the flow projected for the year 2021. It is now provided additional I&D structures for 9 diversion of additional projected flow for the year 2021. The work has been completed and commissioned.
o The 1600 mm dia Ring Sewer was taken up along the shoreline of the lake for a length of 2.5 km on the Necklace road. This pipe line is connecting the I& D at Necklace Road to the K & S main at the Sailing Club near Tank Bund.
o The 1400 mm dia Balanagar Main pipeline from the confluence point of Jeedimetla and KukatpallyNala for a length of 4.85 km connecting to the 1600 mm dia Ring Sewer on the Necklace road is taken up and the work is completed and commissioned.
o The I&D at Fathe Nagar and Prakash nagar are constructed under the project connecting to the existing Duplicate K&S Main (Trunk Main of HMWS&SB). Since the trunk main is not functioning to its full designed capacity the sewage from the kukatpallyNala is causing a spill over into the HussainsagarLake during the peak hours of flow of approximately 30 MLD. A total of 286 MLD (Designed) is diverted from the kukatpallynala trough the I&D and the trunk mains laid to the downstream of the Hussainsagar Lake.
Considering the spillover of 50 MLD sewage through KukatpallyNala to the HussainsagarLake, HMWS&SB has taken up "Laying of trunk sewer from Kukatpallynalaupto downstream of Kalasigudanala" and completed.
Picket Nala: A new I&D structure of capacity 186 MLD is taken up and the 1000 mm dia rising pumping main for the diversion of flows from Picket Nala to Duplicate K&S Main are completed and commissioned diverting the flows to downstream.
Statement showing the capacities of I&D's taken by HMDA.
Existing
New I&D Total
S. I&D
Name of Nala / Location capacity Capacity
No capacity
in MLD in MLD
in MLD
I KukatpallyNala
10
1 Pick up weir at confluence point --- 190 190
of Jeedimetla and Kukatpally
2 Capacity enhancement at 75 165 240
Fathenagar
3 Capacity enhancement at 30 44 74
Prakash Nagar
4 New I&D at Necklace Road --- 100 100
5 New I&D at --- 20 20
RangadhaminiCheruvu
II Picket Nala
6 Capacity enhancement at 15 171 186
Minister Road
III YousufgudaNala
7 Capacity Enhancement at 23 74 97
Divyashakti Apartments
IV Banjara Nala
8 Enhancement at Yashoda 12 26 38
Hospital on
9 New I&D at Bridge No. 2 on --- 20 20
Necklace Road
V BalkapurNala
10 Enhancement at Khairtabad 20 22 52 74
MLD STP
VI Local stream from Umanagar
11 New I&D at Bridge No. 3 on --- 15 15
Necklace Road
(B.S.Maktha/Kundanbagh)
TOTAL 177 877 1054
The total capacity of the diversion works is 1054 MLD (Existing 177 MLD & New 877 MLD) for diversion of sewage from four nalas which are designed for projected population for the year 2021.11
New I&D in Kukatapally Nala at Necklace Road of 150 MLD capacity is also commissioned and O&M is in progress.
It was informed that during peak hours flow (Morning 7:00 A.M to 12:00 Noon) and the during monsoon season, 100% of diversion does not take place and the untreated sewage entering into Hussainsagar Lake. During choking of I&D structure also the untreated sewage will enter into HussainsagarLake.
Earlier, the capacity of I&D structure at Necklace Road I&D at PVNR Ghat was only 100 MLD. Because of the huge generation of sewage during peak hours (Morning 7:00 A.M to 12:00 Noon), an additional capacity of 150 MLD I&D structure has been constructed and partially commissioned as mentioned above.
In spite of above control measures taken by HMDA, the committee has observed during inspection about 40-50% of inflow from Kukatpally Nala to the Hussainsagar Lake still continues.
6(iv). Action taken to divert the untreated sewage and effluents from entering the lake through storm water drains particularly in respect of Kukatpallynala which is reported to be the main sources of discharging huge quantity of untreated sewage and effluents causing pollution in the Lake:
As per the information provided by the HMDA authority, the following control measures have been taken up to divert the untreated sewage and industrial effluents from entering the lake through storm water drains particularly in respect of KukatpallyNala:
KukatpallyNala: The sewage generated from the catchment of Jeedimetla and Kukatpally are flowing through the KukatpallyNala leading to the Hussainsagar Lake. 75% of the total waste water flowing into the Lake is through the KukatpallyNala. The I&D's and pickup weir (4 Nos ) are constructed and commissioned. The Sewage is diverted through newly laid pipeline of 7.5 Kms length connecting the upstream of the catchment to the downstream of Hussain Sagar Lake.12
o Balanagar: A new pickup weir structure is constructed along with 1400 mm dia pipeline for a length of 5 Kms is laid for diversion of sewage from the confluence of Jeedmedtla and KukatpallyNala.
o Fathenagar: A new I&D structure of capacity 165 MLD was taken up in addition to existing 75 MLD is completed and commissioned.
o Prakashnagar: A new I&D structure of capacity 44 MLD was taken up in addition to existing 30 MLD is completed and commissioned.
o Necklace Road: A new I&D structure of capacity 150 MLD was taken up and partially commissioned in addition to existing 100 MLD.
o Enhancement of I&D at Divyashakti Apartments at YousufgudaNala: At present the discharge from duplicate existing I&D of 23 MLD on YousufgudaNala at Divya Shakthi Apartments is being diverted to A main. The existing facilities cannot handle projected flows for the year 2021. Hence, an additional I&D structure having the capacity of 74 MLD has been provided and commissioned for diversion of additional flows up to 2021.
o The 1600 mm dia Ring Sewer was taken up along the shoreline of the lake for a length of 2.5 km on the Necklace road. This pipe line is connecting the I&D at Necklace Road to the K & S main at the Sailing Club near Tank Bund.
o The 1400 mm diaBalanagar Main pipe line from the confluence point of Jeedimetla and Kukatpally Nala for a length of 4.85 km connecting to the 1600 mm dia Ring Sewer on the Necklace road has been completed and commissioned.
o The I&D at Fathe Nagar and Prakash nagar are constructed under the project connecting to the existing duplicate K&S Main ( Trunk Main of HMWS&SB). Since the trunk main is not functioning to its full designed capacity, the sewage from the kukatpally Nala is causing a spill over into the Hussainsagar Lake during the peak hours of flow of approximately 30 MLD. A total of 286 MLD (Designed) is diverted from the Kukatpallynala trough the I&D and the trunk mains laid to the downstream of the HussainsagarLake.13
o Considering the spill over of 50 MLD sewage through KukatpallyNala to the Hussain sagarLake, HMWS&SB has taken up "Laying of trunk sewer from Kukatpally Nalaupto downstream of Kalasigudanala" and completed. But, the Committee has observed that about 40-50% of untreated waste water comprising of untreated sewage and industrial contaminant from the KukatpallyNalla directly joining to the Hussainsagar Lake by overflowing of the barriers constructed there.
6(v). Whether any polluted water is released from the Lake into the River Musi in the current summer season and if so how much quantity and for what purpose:
The Hussainsagar Lake has 2 outlets, one at Near Viceroy Hotel and another one at GHMC Office. As informed by the Lake authorities, the outlet at Viceroy Hotel is not regularly operational as the Sluice gates are closed and will be opened during high floods or if the water level of the Lake is increased to free board level. However, during committee`s visit it was noticed there was discharge from the outlet located at Viceroy Hotel into the surplus channel. It was informed that there would be regular flow from GHMC outlet into surplus Nalathat reaches Goalnaka, where 80 MLD of untreated water is diverted through I&D Structure to Amberpet STP. The remaining untreated water from Surplus Nala flows directly into Musi River.
The committee is of the opinion that River Musi is not only polluted by the discharges from Surplus Nala. There are other Nalas on both sides of River Musi which carries considerable quantity of untreated sewage into the river. River Musi is supposed to be fresh water body but as on date it looks like a big drain carrying sewage.
6(vi). Whether any damage is observed to the ecology and environment in the River Musi if polluted water from the Lake is found to be released in the current summer season, distance covered by the flowing polluted water in the River Musi and whether there are any signs of released polluted water entering River Krishna:14
The observations of the previous Committee are true as far as the status of River Musi is concerned. However, the present Committee feels that Telangana State Authorities needs to take-upon in depth study for the entire stretch of River Musi from its origin to its confluence point with River Krishna at Vadapalli to know whether any damage has occurred to the ecology and environment due to continuous discharge of untreated industrial effluent through Kukatpally Nala and sewage through an independent Government Organization such as NEERI having an expertise in the relevant field in coordination with Telangana SPCB, HMDA and Irrigation Department.
6(vii). Is it a fact that the authorities have undertaken civil works for repairing the sluice gates of the lake and for this purpose only they have to release some amount of water from the lake into the River Musi?
As per the information submitted by EE, HussainsagarLake Development Authority, HMDA, the repair works to Sluice gates of the lake were taken up but, there is no release of water from the Lake in to the downstream to join surplus Nala which ultimately joins the river Musi. Presently, the free flowing water is going over the surplus weir due to continuous inflows from its inlet channels.
6(viii). To verify that the work undertaken by the State Government is limited to the repairs of the sluices and there is no unnecessary dewatering of the lake:
As per the information submitted by EE, Hussainsagar Lake Development Authority, HMDA, the work is limited to the repairs of sluices only and there is no unnecessary dewatering of the Lake.
6(ix). Whether the work of repairs and improvement to sluice gates is under progress and if so, what is the stage of the civil works and the due date of completion of such works:
As per the information submitted by EE, Hussainsagar Lake Development Authority, HMDA,and after physical inspection by the Committee, all the repairing work of sluice gates have been completed except some balance 15 repairing work to surplus weir which will be completed after monsoon period. However, the details of the balance proposed work and its completion schedule have not been made available to the committee.
6(x). Are there any environmental studies undertaken for siting of the proposed activities in the lake in question?:
The specific environmental studies are not required for the work under taken by the State Government since it is limited to the repair of sluices only. Further for desilting/dredging activities for the maintenance of the lake does not attract any Schedule of EIA Notification 2006 and thus getting environmental clearance does not arise. In case desilting of the lake is to be carried out, the disposal of silted material should be made based on the detailed scientific study with the prior approval of TSPCB.
7. OBSERVATIONS:
The observations of the Committee, based on the Joint Committee meeting held, site visit and the analytical results of the samples collected during the site visit, is furnished as under:
(a) The DO is found to be almost nil in Hussainsagar lake at Necklace Road, Bridge 1 and NTR Gardens. This may be due to the impact of Kukatpally Nalla untreated waste water joining into Lake. In other locations viz. Boats Club, Tank Bund Road (Lepakshi Handicrafts), Sanjeevaiah Park and Sailing Club, considerable improvement in DO levels has been observed having the range of 4.2 to 5.9 mg/L. DO is reported at the outlet of the lake near Viceroy Hotel as 5.9 mg/L.
(b) Total Coliform (TC) has been observed >1600 MPN/100ml in most of the locations in the lake and the values are found in the range of 1000 -
>1600 MPN/100ml. Faecal Coliform (FC) isin the range of 350 to 1600 MPN/100ml. This shows that the Lake water is contaminated with Coliforms due to untreated sewage joining into the Lake. At the outlet of the lake near Viceroy Hotel, the TC & FC have been reported as >1600 and 1600 MPN/100 ml respectively.
16
(c) COD is reported in the range of 78 - 180 mg/L and BOD reported as 13 - 34 mg/L. This shows Lake is contaminated with Organic pollution due to discharge of sewage and effluent through KukatpallyNala. At the outlet of the lake near Viceroy Hotel, the COD & BOD have been observed as 78 & 15 mg/L respectively. BOD value is 5 times higher than the prescribed limit of 3 mg/L.
(d) As far as Heavy Metal is concerned, Copper is reported as 0.145 - 0.150 mg/L, Cadmium as 0.011 to 0.017 mg/L and Zinc as 0.017 to 0.570 mg/L. However, Nickel, Lead and Total Chromium are reported as Below Detectable Limit (BDL). In the upstream ofKukatpallyNala at Fateh Nagar the above elements are reported as 0.161 mg/L, 0.037 mg/L and 0.274 mg/L respectively and Nickel, Lead and Total Chromium as Not Detected (ND). In the downstream of KukatpallyNalla just before joining the Lake all the above elements are reported as Below Detectable Limit (BDL).
(e) The presence of some of the toxic elements in the Lake water further confirms that the discharge of industrial effluents along with untreated sewage into the KukatpallyNala in the upstream. The samples collected in the Lake at different locations are grab samples and that too collected on the bank of the lake. It is a dynamic system as the treated water and waste water enter into the lake continuously from one side and the lake water is discharged continuously from other side. For a larger lake like Hussainsagar Lake integrated sampling by forming grids will provide the true characteristics of the water quality.
(f) I&D Structures are short term measures. It is a temporary arrangement and also inadequate. The sewage is now withdrawn only partially through these structures. This may be due to nonexistence of proper sewage collection network system. It appears that the planning and development are not synchronized.
(g) River Musi is supposed to be a fresh water body but as on date it is carrying mostly the untreated sewage and some industrial effluent. The River looks like a big drain carrying waste water in spite of treated sewage being discharged into the river from STPs at few places as there is 17 a wide gap between quantity of sewage generated and quantity treated inSTPs.
(h) The subject matter in the present O.A. being dealt by various Departments of the Telangana State and co-ordination between the departments needs to be strengthened to have an integrated management and protection of the Lake. The present Joint Committee has experienced inadequate co- ordination from the State Authorities for getting various inputs required in this matter. The Committee members opined that for proper co-ordination and getting the inputs in time, a member from the concerned departments needs to be incorporated in the Committee. Keeping in view the committee not opted any other expert member for this joint inspection.
(i) The Committee has not examined the aspects relevant to aggrieved encroachments referred therein the O.A., which needs to be examined by the State authorities concerned based on the records available with them.
(j) It appears that the catchment area for the Hussainsagar Lake has been diminished due to various developmental activities over the period of time and thus the fresh water inflow to the Hussainsagar Lake is very less.
(k) Though STPs have been constructed to cater the needs of the treatment of feeder streams received through nala / drains, it has been observed that part of the untreated streams is being directly joining in the Hussainsagar Lake and also River Musi, which invariably affect the water quality of the Lake as well as River Musi.
(l) Though the capacity of the STPs installed is made available, the State Authorities have not made available the actual quantum of sewage generation / inflow and quantum of water being released from the Lake through outlets during various seasons of the year. Depending on the pollution load and quantum of the untreated sewage generated with respect to different season plays a major role, which demands the water quality study with reference to the seasonal variation.
(m)During the visit, colored stream has been observed in the KukutapalleNala, which may be contributed from the seepage / illegal 18 discharge from the Industries. Though TSPCB has enforcing installation of ZLD system in industries and various regulatory measures to curb the indiscriminate discharge of industrial effluents from the Industry, still further action needs to be initiated to ensure that there is no indiscriminate discharge from the Industries to the KukutapalleNala.
(n) Further, as the feeder channels are carrying mainly sewage, considerable quantity of sludge has been accumulated in the Lake over the years, which considerably have the impact on the water holding capacity of the Lake. Detailed study regarding the thickness of the sludge within the Lake and its physico-chemical composition interalia including the Toxicity Characteristic Leaching Procedure (TCLP) needs to be studied with different depths in order to ascertain the quantity and characteristics of the sludge deposited and its feasibility for dredging and mechanism for disposal.
8. CONCLUSION & RECOMMENDATIONS:
(i). Department concerned shall install proper flow measurement devices to measure the flow / quantum of the sewage streams generated from all the Nala / drains and also the outlets of the weirs from the Lake and at the confluence point of River Musii.
(ii). Lake restoration should include both In-lake techniques (Physical, chemical and biological measures) and watershed management techniques (onsite, offsite and non-structural best management practices) for the lake restoration.
(iii). Appropriate corrective action needs to be taken to avoid direct discharge of untreated streams into the Lake. Also, Departments concerned shall ensure that there is no industrial contaminant in the receiving streams of KukutapalleNala.
(iv). Existing treatment capacity of STPs needs to be enhanced to cater the needs of actual total generation of the sewage streams. Treatment Efficiency of the STPs shall be periodically examined.19
(v). It is recommended that State Authority needs to take up a detailed study on Water Quality of Lake and characteristics of the sludge deposited and its feasibility for desilting/dredging and mechanism for disposal and its impact and also the ecological impact of River Musi by engaging an independent reputed organization such as NEERI or any other institution as desired by the Hon`ble NGT, having an expertise in the relevant field in coordination with Telangana SPCB, HMDA, HMWS&SB and Irrigation Department.
(vi). It is recommended to form a Permanent Lake Protection Committee comprising of the various Stakeholders of the Departments of the State with regulatory powers in order to protect the Hussainsagar Lake from the Pollution and other encroachments.
(vii). The State Government should allocate separate budget to establish State Level Lake Management Authority with a dedicated independent technical team for regular action. They should submit their short term and long term action plans/progress for the continuous lake conservation.
By considering the above facts, the Hon'ble Court may pass appropriate Order(s)/ Direction(s) as deemed fit.
-Sgd- -Sgd-
Dr. Y.R.S. Rao, Dr.Shashidar,
Scientist-G, Associate Professor,
DRC Kakinada, IIT, Hyderabad.
National Institute of Hydrology,
Kakinada.
-Sgd-
-Sgd- S. Jeyapaul,
Dr. M.T. Karuppiah Scientist-D
20
Scientist -D Central Pollution Control Board,
MOEF&CC, Regional Office, Regional Directorate South,
Chennai. Bengaluru."
5. It is seen from the recommendation and observation of the
committee that no fruitful things have been done by the authorities for protecting the water body against the encroachment as well as pollution. Further, it also mentioned in the recommendations that there is a lack of inter departmental co-ordination which is required for proper administration of water bodies. There are no steps taken for removal of encroachment and also prevent untreated sewage being discharged into the water bodies by the authorities.
6. The existing facilities and infrastructures provided are not sufficient to meet the situation and still nearly 50% of pollution is caused due to discharge of untreated sewage into the lake. There is some reduction in the area of the lake along the catchment area lake due to encroachment, but no steps were taken to identify the encroachers and remove the encroachments as well, so as to maintain the water storing capacity of the lake. Only temporary measures are being taken by the authorities for meeting the situation. There is no holistic integrated long term plan for improving the situation taking into account possible generation of sewage water and also other sources of pollution to meet situation. 21
7. There is no Lake Protection Committees constituted as required under the Wet Land (Conservation and Management) Act, 2017 for the purpose of protecting the water bodies.
8. It is not known as to whether the Wetlands have been identified for the purpose of notifying the same under the Wet Land (Conservation and Management) Act, 2017 and what are all those steps taken by the Government for protecting such water bodies which requires the highest level of attention at the Government level.
9. When this was pointed out, the learned counsel appearing for the State of Telengana wanted some time. We think that since the Senior Lawyers who are representing the State of Telengana are expected to appear in another matter on 21.08.2020 and if this case is also posted on that day, they can look into the matter and the Government can come up with an action plan for remedying the situation which is pending before this Tribunal since 2015 and when this issue was brought to the notice to the Hon'ble Apex Court, certain direction had been issued and committees were formed even earlier.
10. It appears that the Government is not taking keen interest in protecting the water bodies against the danger of pollution.
11. Further, if this water body is not properly maintained and surplus water is discharged from this water body which reaches River Musi, then that river will get polluted further. The river Musi is one of the 22 most polluted river in respect of which the National Green Tribunal, Principal Bench had given directions to the State of Telangana to come with an action plan for protecting that water body from pollution.
12. Registry is directed to communicate this order to Chief Secretary of State of Telingana immediately by email so that the Government of Telangana can come up with some concrete action plan to remedy the situation on the next hearing date.
13. Post on 21.08.2020.
..................................J.M. (Justice K. Ramakrishnan) O. A. No. 85/2015(SZ) 18th June 2020. Sr. .............................E.M. (Shri. Saibal Dasgupta) 23