National Green Tribunal
V. Manickam vs The Secretary on 6 July, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item No. 01 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 51/2015(SZ)
V. Manickam Applicant
Versus
The Secretary, Tamil Nadu Pollution Control
Board and Ors. Respondent(s)
Date of hearing: 06.07.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE PROF. A SENTHIL VEL, EXPERT MEMBER
Respondent(s): Mr. Sai Sathya Jith for R1 & R3.
Dr. D. Shanmuganathan for R2, R4 & R5.
Mr. Sathish along with
Ms. Devi. N for R6.
Mrs. N. Nathami for CPCB.
ORDER
The Issue raised - pollution of Thirumanimuthur River by industrial effluents and municipal waste in Salem District of Tamilnadu
1. Grievance in this application is against water pollution affecting Thirumanimuthur River at Kollapatti and Mallasamudram Villages.
According to the applicant, untreated sewage is being discharged from the municipal areas and industrial units polluting the River which finally joins River Cauvery at Paramathi Velur. This has also resulted in pollution of ground water in the area, rendering it unfit for drinking and irrigation.
Discharge of toxic waste from textile units of Salem is affecting the source of water for drinking and irrigation. The statutory regulators have failed to 1 remedy the situation by preventing the pollution by taking action against the polluters.
Procedural History
2. The application was filed on 28.01.2015 with State PCB, District Collector and the Municipal Corporation as main respondents. On 23.03.2015, the Tribunal admitted the application. The respondents have filed their respective replies. The matter has thereafter been considered on several hearings in the light of pleadings of the parties as well as the factual reports furnished in pursuance of this Tribunal.
3. It is not necessary to refer to all the orders and pleadings and it will suffice to some of the orders and stand of the parties necessary to pass today's final order.
4. Vide order dated 04.02.2019, the proceedings were reviewed in the light of earlier proceedings. It was noted that the State PCB issued closure direction to certain industrial units discharging untreated effluents. The Madras High Court had also earlier directed closure of 155 dyeing and bleaching units. Untreated sewage of Salem was being discharged in the river in violation of law. In view of acknowledged pollution, the Tribunal directed the Salem Municipal Corporation to pay interim compensation of Rs. 25 lakhs and furnish performance guarantee of Rs. 50 lakhs. The Tribunal also constituted a joint Committee of CPCB and State PCB to ascertain the status of compliance by the industrial units in the area. The report dated 08.04.2019, furnished in pursuance of the above order, was considered by a later order and since pollution continued, the Tribunal directed further action to be taken which was monitored by subsequent orders.
25. Vide further order dated 28.01.2021, status reflected in the report of the State PCB was considered with regard to steps taken to manage municipal waste/sewage and action taken against the erring industries discharging untreated effluents. The Tribunal found that the STP which was being operated did not conform to the laid down standards and connection of the sewage lines from the houses was only to the extent of 50%. This called for further action. The joint Committee of CPCB, State PCB and the Municipal Corporation was required to submit a further report in the matter. The joint Committee in its report filed on 17.11.2021 mentioned that compensation levied against the erring industries against which appeals were pending before the appellate authority. The compensation was also levied against the Salem Corporation against which a Writ Petition was pending before the Madras High Court (W.P 5879/2019). Conclusions/suggestions in the report are reproduced below:-
"Conclusions/Suggestions:
4.1W.r.t Hon'ble NGT order dated 28.01.2021 Para 10. Instead of directing the Salem Municipal Corporation to conduct the environmental study, the regulator themselves can undertake that exercise to ascertain as to whether there is any environmental damage caused and if so, who are all responsible for the same to recover the environmental compensation from them, and also to provide necessary recommendation for restoration of the damage caused to the environment etc., and they can use the fund which has been collected by them as environmental compensation initially for this purpose and recover the cost of conducting the study from those units or those Institutions who were responsible for the pollution as contributors, so that the expenses incurred initially can be recouped in that way. They will have to carry out the exercise within a period of 3 months and submit a detailed report to this Tribunal.
Based on the study, it is found that the Seelvari lake is got polluted due to the discharge of untreated sewage and also encroachment of the lake was observed. The lake has been partially developed into residential layout and plots have been developed and sold by the Tamil Nadu Housing Board.
3In compliance to the Hon'ble NGT order dt. 04.02.2019 & 10.04.2019, joint committee calculated the environmental compensation for discharge of untreated sewage and report submitted to Hon'ble Tribunal in the month of August 2019. The environmental compensation calculated Rs. 3430.416 Lakhs.
Hon'ble NGT in its order dt 04.02.2019 imposed interim compensation of Rs. 25 lakhs and furnishing performance guarantee of Rs. 50 lakhs. Salem corporation has obtained stay order by Writ Petition No. 5879/2019 from the High Court of Judicature at Madras in this regard. So, the environmental compensation calculated by the committee is also not reemitted by Salem Corporation.
Suggestion for Restoration of Lake:
Salem Corporation shall submit an Action Plan for restoration of the Lake within a month including the following suggestions;
Short Term:
Possibilities shall be explored for Diversion of untreated sewage discharged into the lake to STP through pipeline or by providing collection sump & transporting through tankers to STP for treatment or providing in-situ treatment system within six month.
Long Term:
Removal of encroachment.
Removal of hyacinths, weeds, floating materials and desilting, bunding etc. To provide wall with fencing arrangements and foreshore bund along the foreshore boundary of Lake to curtail the encroachments and illegal dumping of solid waste These long term activities shall be completed within a year for which the Salem coloration shall prepare an activity based pert chart to adhere the timeline.
Para 11. They are also directed to conduct further inspection of these units and submit a detailed report as to whether the directions given by them were properly complied with and whether there is any improvement in the pollution control mechanism and whether the water quality of the lake has improved on account of the mechanism that has been subsequently provided as per the directions of the Pollution Control Board. If there is any gap then, they are also directed to submit their recommendations to fill up the gap in this regard.
Joint Committee inspected 92 industries in that area to assess the status of pollution control mechanism adopted. The details of the units inspected and their present status is enclosed as Annexure-1. In which six industries found violating the norms, 4 so TNPCB has initiated the action and issued closure direction and power supply disconnection.
No industries are situated around this Lake& no industrial discharge observed. As mentioned in the earlier para, Lake got polluted due to discharge of the untreated sewage and no fresh water flow was observed in the lake.
4.2 W.r.t. Hon'ble NGT order dated 27.07.2021.
Para 14. The Joint Committee is also directed to inspect the area again and submit the progress report and also improvement in the water quality and suggest further remedial measures including short-term measures to achieve the water quality in Thirumanimutharu River by avoiding discharge of untreated sewage till underground sewage system is completed and fully utilized by the Corporation The improvement in the water quality is not observed due to discharge of untreated sewage into the River.
Salem Corporation has installed 98 MLD capacity of treatment system out of which 22.5 MLD is only treated and remaining 75.5 MLD is discharged as untreated into the river.
As per the earlier joint committee report, sewage treated by Salem Corporation as on 21.05.2019 is 2 MLD and presently increased the treatment quantity to 22.5 MLD as on October 2021. The progress made by the Salem Corporation for treating the sewage even after establishment of STP is very slow.
Untreated sewage is flowing through & nearby drains from the established STPs, so it is possible to divert untreated sewage into the STPs for further treatment. The same is suggested in the joint committee report submitted in the month of April 2019, but no action has been taken by the Salem Corporation to run the STP in full capacities.
The joint committee observed that the operation of the STP is not effective & efficient to meet the discharge standards.
Suggestions to be implemented by Salem Corporation:
Diverting of untreated sewage flowing through & nearby drains to the STP for the treatment within a month Possibilities shall be explored for Diversion of untreated sewage discharged into the lake to STP through pipeline or by providing collection sump & transporting through tankers to STP for treatment or providing in-situ treatment system within six months.
The Salem Corporation shall commence the four Nos. of STP's in full pledged manner. All the house hold connections should be connected with UGSS and it should stop the untreated sewage disposal into the Thirumanimutharu before April 2022.
The Salem Corporation shall operate and maintain the four STPs efficiently so as to the treated sewage will 5 achieve prescribed standard of the Board since some of the parameters are not achieving the prescribed standard of the Board.
Suggestions to be implemented by industries:
There are 89 small scale textile processing units are located in Salem. All the units have provided ETP, RO and Reject Management system. Some of the units have provided Solar Evaporation Pan. During rainy time, overflow is taking place. Hence, the units have been requested by TNPCB to provide agitated thin film dryer instead of solar evaporation pan for above 100 KLD capacity. Closure direction is being issued by TNPCB if discharge found. In addition, in Salem dyers Association has been requested to form CETP at the earliest to sort out this issue.
Suggestions to identify illegal dyers:
It is observed that most of illegal dyeing is being carried out in the residential houses itself Time to time TNPCB is identifying the illegal dyers and sealing it through District Coordination Committee.
TANGEDCO is issuing commercial power supply to these residential houses. In order to avoid illegal dyeing units, TANGEDCO shall verify the commercial activity before giving the commercial power supply. Moreover, TANGEDCO is taking monthly/bimonthly readings of the power consumption house to house, during this time, the activities may be verified based on the power consumption. If any, illegal dyeing activities is noticed the same shall be reported to District Coordination Committee as well as TNPCB for further action.
In this regard, necessary directions to TANGEDCO shall be given by the Board and the District Collector, Salem."
The Salem corporation shall operate and maintain the four STPs efficiently so as to the treated sewage will achieve prescribed standard of the Board since some of the parameters are not achieving the prescribed standard of the Board.
Suggestions to be implemented by industries:
There are 89 small scale textile processing units are located in Salem. All the units have provided ETP, RO and Reject Management system. Some of the units have provided Solar evaporation Pan. During rainy time, overflow is taking place. Hence, the units have been requested by TNPCB to provide agitated thin film dryer instead of solar evaporation pan for above 100 KLD capacity. Closure direction is being issued by TNPCB if discharge found. In addition, in Salem dyers Association has been requested to form CETP at the earliest to sort out this issue.
Suggestion to identity illegal dyers:
It is observed that most of illegal dyeing is being carried out in the residential houses itself. Time to time TNPCB is 6 identifying the illegal dyers and sealing it through District Coordination Committee.
TANGEDCO is issuing commercial power supply to these residential houses. In order to avoid illegal dyeing units TANGEDCO shall verify the commercial activity before giving the commercial power supply. Moreover, TANGEDCO is taking monthly/biomonthly readings of the power consumption house to house, during this time, the activities may be verified based on the power consumption. If any, illegal dyeing activities is noticed the same shall be reported to District Coordination Committee as well as TNPCB for further action."
6. The Tribunal last considered the matter on 07.01.2022 in the light of the above report. The Tribunal directed Additional Chief Secretary (Municipal Administration) and Water Supply Department to consider upgrading the capacity of the STPs in the area for treating the untreated sewage before the same was discharged into the water body. The Municipal Corporation was directed to complete the Under Ground Sewage System (UGSS) and to use available STPs at optimum level. The State PCB was directed to take suitable action to ensure improvement in the water quality by taking action against the violations. The said authorities were required to furnish action taken reports.
Today's hearing, consideration and final order
7. The matter has been taken up today for passing a final order in the light of developments that have taken place and the current status, as reported. The Commissioner, Salem Municipal Corporation has filed latest report dated 07.04.2022 giving the status of progress in the UGSS and the status of operation of the four STPs. Inspite of earlier directions, no other status report has been filed. None appears for the applicant also.
8. From the above resume, it is seen that there is continuing unchecked water pollution by discharge of untreated sewage as well as 7 industrial effluent, showing failure of the constitutional obligation of the State and its authorities to provide pollution free environment.
9. The Hon'ble Supreme Court in Paryavaran Suraksha (2017) 5 SCC 326, laid down an outer limit of 31.03.2018 for ensuring that no untreated sewage or effluent is discharged but the said judgement is also being violated with no concern for the environment, citizens' health and rule of law. The Water (Prevention and Control of Pollution) Act, 1974 was enacted 48 years back requiring strict enforcement of regulatory mechanism against discharge of pollutants in the water bodies but the Tamil Nadu State PCB appears to have failed in performing its responsibility of achieving the said mandate. Industrial effluent from the textile industries continues to be discharged without prosecuting the violators or even closing the polluting activities or reducing the capacity of the industries which are not able to fully treat the effluent generated in the industrial process. The victims are the inhabitants who are adversely affected by water borne diseases. There is a potential for threat to food safety on account of contaminants in the water used for agriculture. In this grim situation, there is need for strict monitoring at the highest level of administration. The Tribunal being an adjudicatory body, the administration cannot shirk its responsibility of monitoring compliance with settled law, in view of factual position already identified and settled law. We have thus no option except to dispose of this application, recording disapproval to the failure of the authorities in complying with the law so far and directing higher level monitoring.
10. This course of action had to be adopted recently vide order dated 27.05.2022, O.A No. 395/2013/SZ (THC), SUO MOTU proceedings initiated based on the representation received from Justice R. Bhaskaran, Former 8 Judge v. State of Kerala & Ors., relating to continued pollution in Periyar River in Kerala. Noting the continuing failure of the State Authorities, the Tribunal made observations and issued following directions as follows:-
"
16. The above narrative depicts utter lack of concern for the continuing serious pollution and consequences on public health and environment. It continues to cause deaths and diseases and also affect food safety on account of polluted water being used for irrigation. Reports of the authorities during the last several years do not show improvement in water quality of the River Periyar at any of the locations in question. It is not clear whether the river water is fit for bathing purpose, with Fecal Coliform counts being within acceptable level. Further, the Greater Kochi (Udyogamandal) is one of the critically industrial polluted area, having Comprehensive Environmental Pollution Index (CEPI) at 52.94 (2018). This certainly necessitates that the industries are compelled to adopt Zero Liquid Discharge (ZLD). Further, Periyar River in Kerala falls in the list of identified polluted river stretches under 'Priority-V' category Alwaye - Eloor to Kalamassery, having BOD range between 3-6.0 mg/l. An action plan has been prepared in May 2019 by involvement of various departments like Department of Irrigation, Kerala Water Authority, Kochi Corporation, Local Self Government, Industries, Suchitwa Mission, Kerala Remote Sensing and Environment Centre and the District Administration. The action plan identified short-term and long- term actions but there is no mention of execution of the said plan. Such execution must be expedited without further delay on the pretext of non-availability of funds or non identification of executing agencies. Since discharge of untreated sewage into the river is a criminal offence under the Water Act, the same must be stopped forthwith. River must meet standard of atleast Class-B designated best use classification of CPCB. Plea that Kerala being high rain-fed area does not require any solution untenable.
17. Pollution is crime against humanity and under law of the land. Right to clean environment is part of Right to Life. As already noted, large number of deaths and diseases are attributable to it. Most of the victims are poor voiceless people. Even if victims are poor and helpless, no State under the Constitution can show apathy and pay lip sympathy to the issue inspite of binding Court orders, including continuing contempt of judgment of the Hon'ble Supreme Court dated 22.02.2017 in Paryavaran Surksha Samiti v. Union of India1 fixing deadline of 31.03.2018 for ensuring treatment of polluted water by local bodies as well as industries and directing prosecution and other coercive measures for failure. In compliance of the said judgment which required this Tribunal to monitor, the Tribunal has passed repeated directions. The Tribunal also summoned the Chief Secretaries of all the States/UTs including the Chief Secretary of Kerala for interaction in O.A. No. 606/2018, Compliance of Municipal Solid Waste Management Rules, 2016 (State of Kerala). A detailed order dated 25.04.2019 was passed in presence of the Chief 1 (2017) 5 SCC 326 9 Secretary, Kerala. The order covers steps for preventing discharge of untreated sewage and effluents, solid waste management and preventing air pollution in the light of number of orders already passed. The Chief Secretary was to personally monitor remedial steps atleast once a month by constituting an Environmental Cell directly under him. The District Magistrates were to monitor such compliance at their level. The Tribunal expected that within six months from the said order, meaningful remedial action will be completed. We note with regret that even today, long timelines are being proposed with lot of vagueness, without commitment of action against failures. Provision for funds is in the realm of uncertainties. It is difficult to believe that authorities do not have seriousness in dealing with such serious human issue. Allocation of funds for preventing pollution is expected to be top priority. On 'Polluter Pays' principle, cost of remediation is to be recovered from the violators, with deterrent amount of compensation linked to the financial capacity of polluters which is not happening. Polluters and erring officers are required to be prosecuted and made accountable to law for such failures. Good governance principles require adopting best practices, associating industries in treatment of pollution and utilization of treated water for different secondary purposes - agriculture, industrial, gardening, etc. Serious thinking is required by the authorities in the State of Kerala on such issues so as to result in improvement on the ground.
18. We may also refer to some specific directions of the Hon'ble Supreme Court and this Tribunal in OA No. 593/2017 and OA No. 673/2018 on the subject of controlling industrial pollution, preventing discharge of untreated sewage into the rivers. The Tribunal directed action plans to be prepared and to be monitored by the River Rejuvenation Committees (RRCs), which were directed to be constituted in all States/UTs, for restoration of water quality of 351 polluted river stretches in the country. The relevant extracts from the orders are reproduced below:
"Extracts from the judgement of the Hon'ble Supreme Court in Paryavaran Suraksha Samiti Vs. Union of India, supra "7. Having effectuated the directions recorded in the foregoing paragraphs, the next step would be, to set up common effluent treatment plants. We are informed, that for the aforesaid purpose, the financial contribution of the Central Government is to the extent of 50%, that of the State Government concerned (including the Union Territory concerned) is 25%. The balance 25%, is to be arranged by way of loans from banks. The above loans, are to be repaid, by the industrial areas, and/or industrial clusters. We are also informed that the setting up of a common effluent treatment plant, would ordinarily take approximately two years (in cases where the process has yet to be commenced). The reason for the above prolonged period, for setting up "common effluent treatment plants", according to the learned counsel, is not only 10 financial, but also, the requirement of land acquisition, for the same.
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10. Given the responsibility vested in municipalities under Article 243-W of the Constitution, as also, in Item 6 of Schedule XII, wherein the aforesaid obligation, pointedly extends to "public health, sanitation conservancy and solid waste management", we are of the view that the onus to operate the existing common effluent treatment plants, rests on municipalities (and/or local bodies). Given the aforesaid responsibility, the municipalities (and/or local bodies) concerned, cannot be permitted to shy away from discharging this onerous duty. In case there are further financial constraints, the remedy lies in Articles 243-X and 243-Y of the Constitution. It will be open to the municipalities (and/or local bodies) concerned, to evolve norms to recover funds, for the purpose of generating finances to install and run all the "common effluent treatment plants", within the purview of the provisions referred to hereinabove. Needless to mention that such norms as may be evolved for generating financial resources, may include all or any of the commercial, industrial and domestic beneficiaries, of the facility. The process of evolving the above norms, shall be supervised by the State Government (Union Territory) concerned, through the Secretaries, Urban Development and Local Bodies, respectively (depending on the location of the respective common effluent treatment plant). The norms for generating funds for setting up and/or operating the "common effluent treatment plant"
shall be finalised, on or before 31-3-2017, so as to be implemented with effect from the next financial year. In case, such norms are not in place, before the commencement of the next financial year, the State Governments (or the Union Territories) concerned, shall cater to the financial requirements, of running the "common effluent treatment plants", which are presently dysfunctional, from their own financial resources.
11. Just in the manner suggested hereinabove, for the purpose of setting up of "common effluent treatment plants", the State Governments concerned (including, the Union Territories concerned) will prioritise such cities, towns and villages, which discharge industrial pollutants and sewer, directly into rivers and water bodies.
12. We are of the view that in the manner suggested above, the malady of sewer treatment, should also be 11 dealt with simultaneously. We, therefore, hereby direct that "sewage treatment plants" shall also be set up and made functional, within the timelines and the format, expressed hereinabove.
13. We are of the view that mere directions are inconsequential, unless a rigid implementation mechanism is laid down. We, therefore, hereby provide that the directions pertaining to continuation of industrial activity only when there is in place a functional "primary effluent treatment plants", and the setting up of functional "common effluent treatment plants" within the timelines, expressed above, shall be of the Member Secretaries of the Pollution Control Boards concerned. The Secretary of the Department of Environment, of the State Government concerned (and the Union Territory concerned), shall be answerable in case of default. The Secretaries to the Government concerned shall be responsible for monitoring the progress and issuing necessary directions to the Pollution Control Board concerned, as may be required, for the implementation of the above directions. They shall be also responsible for collecting and maintaining records of data, in respect of the directions contained in this order. The said data shall be furnished to the Central Ground Water Authority, which shall evaluate the data and shall furnish the same to the Bench of the jurisdictional National Green Tribunal.
14. To supervise complaints of non-implementation of the instant directions, the Benches concerned of the National Green Tribunal, will maintain running and numbered case files, by dividing the jurisdictional area into units. The abovementioned case files will be listed periodically. The Pollution Control Board concerned is also hereby directed to initiate such civil or criminal action, as may be permissible in law, against all or any of the defaulters.
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16. It however needs to be clarified, that the instant directions and time lines, shall not in any way dilute any time lines and directions issued by Courts or Benches of the National Green Tribunal, hitherto before, wherein the postulated time lines would expire before the ones expressed through the directions recorded above. It is clarified, that the time lines, expressed hereinabove will be relevant, only in situations where there are no prevalent time line(s), and also, where a longer period, has been provided for."
(emphasis supplied) Extracts from orders of this Tribunal in OA 593/2017 :
Order dated 21.05.2020 12
26. Summary of directions:
i. All States/UTs through their concerned departments such as Urban/Rural Development, Irrigation & Public Health, Local Bodies, Environment, etc. may ensure formulation and execution of plans for sewage treatment and utilization of treated sewage effluent with respect to each city, town and village, adhering to the timeline as directed by Hon'ble Supreme Court. STPs must meet the prescribed standards, including faecal coliform.
CPCB may further continue efforts on compilation of River Basin-wise data. Action plans be firmed up with Budgets/Financial tie up. Such plans be overseen by Chief Secretary and forwarded to CPCB before 30.6.2020. CPCB may consolidate all action plans and file a report accordingly.
Ministry of Jal Shakti and Ministry of Housing and Urban Affairs may facilitate States/UTs for ensuring that water quality of rivers, lakes, water bodies and ground water is maintained.
As observed in para 13 above, 100% treatment of sewage/effluent must be ensured and strict coercive action taken for any violation to enforce rule of law. Any party is free to move the Hon'ble Supreme Court for continued violation of its order after the deadline of 31.3.2018. This order is without prejudice to the said remedy as direction of the Hon'ble Supreme Court cannot be diluted or relaxed by this Tribunal in the course of execution. PCBs/PCCs are free to realise compensation for violations but from 1.7.2020, such compensation must be realised as per direction of this Tribunal failing which the erring State PCBs/PCCs will be accountable."
Order dated 21.09.2020 "11. The Tribunal has already issued directions vide orders dated 28.08.2019 and 21.05.2020 for ensuring that no untreated sewage/effluent is discharged into any water body and for any violation compensation is to be assessed and recovered by the CPCB so that the same can be utilized for restoration of the environment, complying with the principle of 'Polluter Pays' which has been held to be part of 'Sustainable Development' and part of right to life. Control of such pollution is crucial for environment, aquatic life, food safety and also human health. .."
From OA 673/2018:
Order dated 06.12.2019:13
6. The Hon'ble Supreme Court noticed the level of degradation of rivers in India and apathy of the authorities as follows:
"58. Rivers in India are drying up, groundwater is being rapidly depleted, and canals are polluted. Yamuna in Delhi looks like a black drain. Several perennial rivers like Ganga and Brahmaputra are rapidly becoming seasonal. Rivers are dying or declining, and aquifers are getting over pumped. Industries, hotels, etc. are pumping out groundwater at an alarming rate, causing sharp decline in the groundwater levels. Farmers are having a hard time finding groundwater for their crops e.g. in Punjab. In many places there are serpentine queues of exhausted housewives waiting for hours to fill their buckets of water. In this connection John Briscoe has authored a detailed World Bank Report, in which he has mentioned that despite this alarming situation there is widespread complacency on the part of the authorities in India.2 "4. We see Yamuna river virtually turned into a sullage.
We take judicial notice of this situation. Similar is the position with Ganges. As it proceeds, industrial effluents are being poured in rivers. Sewage is also being directly put in rivers contributing to the river water pollution. We direct the Pollution Control Boards of the various States as well as the Central Pollution Control Board and various Governments to place before us the data and material with respect to various rivers in the concerned States, and what steps they are taking to curb the pollution in such rivers and to management as to industrial effluents, sewage, garbage, waste and air pollution, including the water management. We club the ending case of water management with this matter.3 xxx.........................................xxx..........................xxx
11. In spite of above, in flagrant violation of law of the land, polluted water in the form of sewage, industrial effluents or otherwise has continued to be discharged in the water bodies including the rivers or the canals meeting the rivers. Violation of law is not only by private citizens but also statutory bodies including the local bodies and also failure of the regulatory authorities in taking adequate steps. There is no corresponding coercive action posing danger to rule of law when large scale violation of law is not being remedied. This leads to lawlessness.
12. It will be appropriate to note the crisis situation in the country on the subject of availability of potable water. The matter has been considered in the report of Niti Aayog on Composite 2 State of Orissa v. Govt. of India, (2009) 5 SCC 492 3 M.C. Mehta Vs Union of India- W.P. (Civil) No. 13029/1985 dated 25.11.2019 14 Water Management Index (CWMI).4 Following further information also needs to be noted:
(i) India is suffering from the worst water crisis in its history and millions of lives and livelihoods are under threat.
Currently, 600 million Indians face high to extreme water stress and about two lakh people die every year due to inadequate access to safe water5. The crisis is only going to get worse. By 2030, the country's water demand is projected to be twice the available supply, implying severe water scarcity for hundreds of millions of people and an eventual ~6% loss in the country's GDP6. As per the report of National Commission for Integrated Water Resource Development of MoWR, the water requirement by2050 in high use scenario is likely to be a milder 1,180 BCM, whereas the present-day availability is 695BCM. The total availability of water possible in country is still lower than this projected demand, at 1,137BCM. Thus, there is an imminent need to deepen our understanding of our water resources and usage and put in place interventions that make our water use efficient and sustainable.
(ii) India is undergoing the worst water crisis in its history.
Already, more than 600 million people7 are facing acute water shortages. Critical groundwater resources - which account for 40% of our water supply - are being depleted at unsustainable rates.8
(iii) Most states have achieved less than 50% of the total score in the augmentation of groundwater resources, highlighting the growing national crisis--54% of India's groundwater wells are declining, and 21 major cities are expected to run out of groundwater as soon as 2020, affecting ~100 million people9.
(iv) With nearly 70% of water being contaminated, India is placed at 120th amongst 122 countries in the water quality index.
13. As per statistics mentioned before the Lok Sabha on April 6, 2018, waterborne diseases such as cholera, acute diarrhoeal diseases, typhoid and viral hepatitis continue to be prevalent in India and have caused 10,738 deaths, over the last five years since 2017. Of this, acute diarrhoeal diseases caused maximum deaths followed by viral hepatitis, typhoid and cholera.10
14. As per 'National Health Profile' published by Central Bureau of Health Investigation, Directorate General of Health 4 Niti Ayog on "Composite Water Management Index", June 2018, https://niti.gov.in/writereaddata/files/document_publication/2018-05-18-Water- Index-Report_vS8-compressed.pdf.
5 Source: WRI Aqueduct; WHO Global Health Observatory 6 Source: McKinsey & WRG, 'Charting our water future', 2009; World Bank; Times of India 7 Source: World Resource Institute 8 Source: World Resource Institute 9 Source: UN Water, 'Managing water under uncertainty and risk', 2010; World Bank (Hindustan Times, The Hindu).
10 https://www.indiaspend.com/diarrhoea-took-more-lives-than-any-other-water-borne-
disease-in-india-58143/ 15 Services, Ministry of Health and Family Welfare, Government of India, a total of 1535 Deaths due to Acute Diarrhoeal Diseases was reported during the year 2013.11 Main Causes of Pollution of Rivers
15. As already noted, well known causes of pollution of rivers are dumping of untreated sewage and industrial waste, garbage, plastic waste, e-waste, bio-medical waste, municipal solid waste, diversion of river waters for various purposes affecting e-flow, encroachment of catchment areas and floodplains, over drawl of groundwater, river bank erosion on account of illegal sand mining. Inspite of directions to install Effluent Treatment Plants (ETPs), Common Effluent Treatment Plants (CETPs), Sewage Treatment Plants (STPs), and adopting other anti-pollution measures, satisfactory situation has not been achieved. As per CPCB's report 201612, it has been estimated that 61,948 million liters per day (mld) sewage is generated from the urban areas of which treatment capacity of 23,277 mld is currently existent in India. Thereby the deficit in capacity of waste treatment is of 62%. There is no data available with regard to generation of sewage in the rural areas.
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33. We may note the observations of the Hon'ble Supreme Court:
"26. Enactment of a law, but tolerating its infringement, is worse than not enacting a law at all. The continued infringement of law, over a period of time, is made possible by adoption of such means which are best known to the violators of law. Continued tolerance of such violations of law not only renders legal provisions nugatory but such tolerance by the enforcement authorities encourages lawlessness and adoption of means which cannot, or ought not to, be tolerated in any civilized society. Law should not only be meant for the law- abiding but is meant to be obeyed by all for whom it has been enacted. A law is usually enacted because the legislature feels that it is necessary. It is with a view to protect and preserve the environment and save it for the future generations and to ensure good quality of life that Parliament enacted the anti- pollution laws, namely, the Water Act, Air Act and the Environment (Protection) Act, 1986. These Acts and Rules framed and notification issued thereunder contain provisions which prohibit and/or regulate certain activities with a view to protect and preserve the environment. When a law is enacted containing some provisions which prohibit certain types of activities, then, it is of utmost importance that such legal provisions are effectively enforced. If a law is enacted but is not being voluntarily obeyed, then, it has to be enforced.
11http://pib.nic.in/newsite/PrintRelease.aspx?relid=106612 12http://www.sulabhenvis.nic.in/Database/STST_wastewater_2090.aspx July 16, updated on December 6, 2016 16 Otherwise, infringement of law, which is actively or passively condoned for personal gain, will be encouraged which will in turn lead to a lawless society. Violation of anti-pollution laws not only adversely affects the existing quality of life but the non-enforcement of the legal provisions often results in ecological imbalance and degradation of environment, the adverse effect of which will have to be borne by the future generations.13 xxx.....................xxx.................................xxx "61. ..... If the laws are not enforced and the orders of the courts to enforce and implement the laws are ignored, the result can only be total lawlessness. It is, therefore, necessary to also identify and take appropriate action against officers responsible for this state of affairs. Such blatant misuse of properties at large-scale cannot take place without connivance of the officers concerned. It is also a source of corruption. Therefore, action is also necessary to check corruption, nepotism and total apathy towards the rights of the citizens."14 xxx.........................................xxx..........................xxx
35. Vide order dated 22.08.2019 in Original Application 200/2014, dealing with the pollution of river Ganga, the Tribunal issued directions and laid down coercive measures to be taken for discharge of untreated sewage in river Ganga:-
"16. xxx.....................xxx.................................xxx
17. Wherever the work has not commenced, it is necessary that no untreated sewage is discharged into the River Ganga. Bioremediation and/or phytoremediation or any other remediation measures may start as an interim measure positively from 01.11.2019, failing which the State may be liable to pay compensation of Rs. 5 Lakhs per month per drain to be deposited with the CPCB. This however, is not to be taken as an excuse to delay the installation of STPs. For delay of the work, the Chief Secretary must identify the officers responsible and assign specific responsibilities. Wherever there are violations, adverse entries in the ACRs must be made in respect of such identified officers. For delay in setting up of STPs and sewerage network beyond prescribed timelines, State may be liable to pay Rs. 10 Lakhs per month per STP and its network. It will be open to the State to recover the said amount from the erring officers/contractors.
36. Vide order dated 28.08.2019, the Tribunal held:-
13 INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION Vs. UNION OF INDIA AND OTHERS (1996) 5 SCC 281 14 M.C. Mehta v. Union of India, (2006) 3 SCC 399 - Public functionaries 17 "15. xxx...............xxx.......................................xxx "16. xxx.....................xxx.................................xxx
17. As already noted, prevention of pollution of water is directly linked to access to potable water as well as food safety. Restoration of pristine glory of rivers is also of cultural and ecological significance. This necessitates effective steps to ensure that no pollution is discharged in water bodies. Doing so is a criminal offence under the Water Act and is harmful to the environment and public health. 'Precautionary' principle of environmental law is to be enforced. Thus, the mandate of law is that there must be 100% treatment of sewage as well as trade effluents. This Tribunal has already directed in the case of river Ganga that timelines laid down therein be adhered to for setting up of STPs and till then, interim measures be taken for treatment of sewage. There is no reason why this direction be not followed, so as to control pollution of all the river stretches in the country. The issue of ETPs/CETPs is being dealt with by an appropriate action against polluting industries. Setting up of STPs and MSW facilities is the responsibility of Local Bodies and in case of their default, of the States. Their failure on the subject has to be adequately monitored. Recovery of compensation on 'Polluter Pays' principle is a part of enforcement strategy but not a substitute for compliance. It is thus necessary to issue directions to all the States/UTs to enforce the compensation regime, latest with effect from 01.04.2020. We may not be taken to be condoning any past violations. The States/UTs have to enforce recovery of compensation from 01.04.2020 from the defaulting local bodies. On failure of the States/UTs, the States/UTs themselves have to pay the requisite amount of compensation to be deposited with the CPCB for restoration of environment. The Chief Secretaries of all the States may furnish their respective compliance reports as per directions already issued in O.A. No. 606/2018."
19. Having regard to the above, since all issues stand identified and there are binding directions of the Hon'ble Supreme Court and this Tribunal to enforce the State's obligation to provide clean environment to citizens, no purpose will be served by endless proceedings before the Tribunal. It is high time that the State takes over its responsibility and higher level monitoring mechanism is evolved.
20. Accordingly, we direct the Chief Secretary, Kerala to forthwith constitute a monitoring committee comprising of four Additional Chief Secretaries of concerned Departments - Environment, Local Self-government, Irrigation/Water 18 Resource and Finance. The Additional Chief Secretary, Environment will be the Coordinator. The Committee may hold its first meeting within two weeks to take stock of the situation of execution of action plan with time-bound targets. Progress on such targets must be reviewed atleast once in a month. The Committee may associate Chairman of the State PCB and District Magistrates of the three concerned districts and any other experts/individual/organization. The minutes of the meeting may be placed on the website of the Environment Department. The Chief Secretary may interact with the Committee atleast once in three months. Constitution of Committee is required for coordinated action. The Committee may consider core steps required to restore the water quality of the river so as to protect the environment and public health. Though all earlier laid down timelines by the Tribunal are over, the Committee must conclude execution of action plans within one year. Having regard to the priority of the issue, the allocation of necessary funds may be given priority. Funds available with the State PCB for restoration of environment may also be utilized, to the extent found viable. The Committee may also ensure that all concerned industries in the catchment area of the Periyar River in the stretch in question adopt Zero Liquid Discharge (ZLD) and are compliant with the norms. The Committee may also ensure remedial action by the State PCB in exercise of statutory powers under the Water (Prevention and Control of Pollution) Act, 1974 against the erring industries/individuals/local bodies."
11. It is seen that practically there is no progress in either ensuring complete sewage treatment or compliance by the industries. Out of 98 MLD sewage generated, only 22.5 MLD is treated. TN PCB and local authorities have failed to regulate textile industries and prevent them from discharge effluents in drains. Water quality of recipient river i.e. Thirumanimuthur in not meeting the norms. Thus, the present situation continues to be unsatisfactory. In such circumstances, the above observations apply to the present case and similar direction is called for.
12. Accordingly, we direct the Chief Secretary, Tamil Nadu to forthwith constitute a monitoring committee comprising of four Additional Chief Secretaries of concerned Departments - Environment, Municipal Administration, Irrigation/Water Resource and Finance. The Additional Chief Secretary, Environment will be the Coordinator. The Committee may 19 hold its first meeting within two weeks to take stock of the situation and prepare an updated action plan with time-bound targets. Progress on such targets must be reviewed atleast once in a month. The Committee may associate Chairman of the State PCB and District Magistrate, Salem and any other experts/individual/organization. The minutes of the meeting may be placed on the website of the Environment Department. The Chief Secretary may interact with the Committee atleast once in three months.
Constitution of Committee is required for coordinated action. The Committee may consider core steps required to restore the water quality of the river so as to protect the environment and public health. Though all earlier laid down timelines by the Tribunal are over, the Committee must conclude execution of action plans within one year. Till household connections to STPs are secured, drains be intercepted and diverted to STPs. Treated sewage and recovered water by way of RO/Nano filtration be supplied to the industries, coordinating with the concerned associations, if necessary. Having regard to the priority of the issue, the allocation of necessary funds may be given priority. Funds available with the State PCB for restoration of environment may also be utilized, to the extent found viable. The Committee may also ensure that all concerned industries in the catchment area of the River in question adopt Zero Liquid Discharge (ZLD) and are compliant with the norms. The Committee may also ensure remedial action by the State PCB in exercise of statutory powers under the Water (Prevention and Control of Pollution) Act, 1974 against the erring industries/individuals/local bodies. Needless to say, the action taken has to be compliant with any subsisting interim orders of any competent court/authority. If any grievance survives, it will be open to the aggrieved party to take remedy afresh as per law.
The Application is disposed of.
20A copy of the order be forwarded to the Chief Secretary, Tamil Nadu by email for compliance.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM Sudhir Agarwal, JM Dr. Satyagopal Korlapati, EM Prof. A. Senthil Vel, EM July 6, 2022 Original Application No. 51/2015(SZ) AB 21