National Green Tribunal
Dr. Lubna Sarwath Co-Convenor vs The State Of Telangana on 8 July, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.03:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 85 of 2015 (SZ)&
M.A. No. 174 & 232 of 2016
(Through Vide Conference)
IN THE MATTER OF:
Dr. LubnaSarwath ... Applicant(s)
Versus
The State of Telangana & Ors.
...Respondent(s)
Date of hearing: 08.07.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL
MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Ms. Anupradha
For Respondent(s): Ms. H. Yasmeen Ali for R1
Mr. D. Srinivasan for R2
Ms. Dayana for Mr. T. Sai Krishnan for
R3&R4
ORDER
1. As per order dated 14.09.2020, this Tribunal had considered the report so far filed by the Joint Committee and objections filed by the applicant. Thereafter, directed the Committee to go into the objections filed by the applicant and also the concerned Departments who are expected to carry out remedial measures to file their further statement and also directed the Committee to ascertain as to whether the temporary measures provided by them had resulted in any improvement in curbing the pollution to Hussain Sagar Lake and the Musi River and also directed to give their recommendations, if there is any gap to rectify the same and it was originally posted to 22.12.2020 for that purpose.
2. Thereafter, the matter has been adjourned from time to time by notification. On 28.01.2021, this Tribunal had considered the Joint Committee report dated 22.01.2021 which was extracted in para 4 of the order and expressed our displeasure regarding the progress of the work and passed the following order:
5. It is seen from the report that there was not much progress in the work suggested and still 30-40% of the sewage lines are not connected to any temporary measures and no diversion has been done and untreated sewage is being discharged into the Nallahs which ultimately reaches the Hussai Sagar Lake from where the water is discharged to Musi River.
6. Further, it is also mentioned that most of the recommendations have not been complied with and only partial compliance of the recommendations were made which are not sufficient to meet the situation as intended by the committee, so as to resolve the problem temporarily till the long term measures are completed.
7. The State of Telangana has not filed any progress report regarding the establishment of STPs and re calibration or up gradation of the existing STPs, so as to maintain the treated water meeting the norms prescribed by the Central Pollution Control Board in this regard before it is being discharged into any water body.
8. It is suggested in the report that a detailed study is required to measure and estimate the sewage/storm water flow into the lake and river Musi and suitable bioremediation of nallah‟s can be carried out after the barrier structures, to treat the overflow as per the guidelines of Central Pollution Control Board (CPCB). It is also mentioned that the number of jet fountains/aerators can also be increased and operated continuously to improve the Dissolved Oxygen (DO) level which also reduces the contaminates to some extent. The separate sewer system shall be constructed and operated to treat the sewage separately without combining storm water. The treated sewage shall be reused for other purposes and thus avoid the discharge of the same into the lake. These measures will have to be done by the 2nd respondent local body and they have 12 not submitted any report regarding the steps taken by them to remedy the situation as per the Solid Waste Management Rules, 2016 and also under the Water (Prevention and Control of Pollution) Act, 1974 which is their responsibility to see that no untreated sewage is mixed with the storm water or the water body, so as to contaminate the water in the lake.
9. The Lake Protection Committee is also having some responsibility by taking action against those persons, who are discharging untreated sewage into the lake, so as to contaminate the water in the lake. They are also expected to take appropriate protective measures to see that the water quality in the lake does not get contaminated. But there is no such action plan that is forth coming from their side.
10. The learned counsel appearing for the applicant submitted that the committee has not considered all the objections, but they have only considered some of the objections alone which will not meet the situation. So the applicant is directed to submit her further objection to the joint committee report within a week with a copy to the members of the joint committee, so that they can conduct further study on the basis of the objections submitted by her as well.
11. The joint committee is directed to conduct the study which has been mentioned in the recommendation by co-opting any suitable persons whose help is required for the purpose to conduct a detailed study and to submit a report to this Tribunal, so as to mitigate the situation and give proper direction to the persons who are responsible to carry out such recommendations for protecting the water body free from pollution.
12. The applicant who is present submitted that she may also be included in the committee. We direct the committee to give notice to her in advance about the date of inspection so that she can be present and give her suggestions which can also be considered by the committee and incorporate the same while compiling the report.
13. The 2nd respondent Greater Hyderabad Municipal Corporation (GHMC) , the State of Telangana, the Joint committee and the Lake Protection Committee are directed to submit the respective reports as directed along with the progress of the compliance of the recommendations to improve the water quality and to improve the prevention of discharge of untreated sewage into the storm water consequentially letting into the Hussain Sagar lake which ultimately reaches the Musi River on or before 26.03.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
14. The Registry is directed to communicate this order to the members of the joint committee, Telangana State Pollution Control Board, the Lake Protection Committee as well as the official respondents and Chief Secretary, State of Telangana immediately thorough e-mail, so as to enable them to comply with the direction.
The case was posted to 26.03.2021 for submission of further reports.
Thereafter the matter has been adjourned from time to time and lastly it was adjourned to today as per notification dated 09.06.2021.
3. When the matter came up for hearing today, Ms. Anupradha represented the applicant. Ms. H. Yasmeen Ali represented 1 st respondent, Mr. D. Srinivasan represented 2nd respondent and Mr. T. Sai Krishnan through Ms. Dayana represented respondents 3 and 4.
4. We have received the Joint Committee report dated 08.06.2021, e-filed on the same date and received on 09.06.2021 which reads as follows:
BEFORE THE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE), CHENNAI Original Application No. 85 of 2015, (SZ) & M.A. No. 174/2016 & 232/2016 (SZ) Report of the Joint Committee in compliance with the Order dated 28/01/2021 of Hon‟ble NGT (SZ), Chennai in the 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. Introduction:
In compliance with the Order dated 22/01/2020 of Hon‟ble National Green Tribunal (Southern Zone), Chennai in the Original Application No. 85 of 20.15 (SZ), a Joint Committee was constituted and the Committee already submitted its reportto the Hon'b1e Tribunal based on the meeting and site visit held on 1.6.03.2020 and 17.03.2020. In the said report, the Joint Committee submitted their observations, conclusions and recommendations in accordance with the Terms of Reference (ToR) to the Committee referred therein the Order dated 22/01/2020. Hon'b1e NGT after examining the Joint Committee report and the objections filed by the applicant an Order dated 14/9/2020 was passed in the above matter and directed the same committee constituted for further report and also to ascertain the objection raised by the applicant. The joint committee submitted the report on 21/01/2021 to Hon'b1e NGT, the Tribunal after examining the joint committee report issued directions to concerned respondents as well as to joint committee to submit further report on or before 26.03.2021. The operative part of the NGT order dated 28/01/2021 is as follows:
11. The joint committee is directed to conduct the study which has been mentioned in the recommendation by co-opting any suitable persons whose help is required for the purpose to conduct a detailed study and to submit a report to this Tribunal, so as to mitigate the situation and give proper direction to the persons who are responsible to carry out such recommendations for protecting the water body free from pollution.
12. The applicant who is present submitted that she may also be included in the committee. We direct the committee to give notice to her in advance about the date of inspection so that she can be present and give her suggestions which can also be considered by the committee and incorporate the same while compiling the report.
Joint Committee meeting with applicant:
In compliance with the Hon'b1e NGT order dated 28/01/2021, joint committee had a meeting with the applicant and officials of TSPCB, HMDA, HMWS&SB Irrigation department of March 3, 2021. The officials present for the meeting is attached as Annexure 1. During the meeting, applicant made presentation on the objections filed by her for the joint committee report dated 21/01/2021 and also detailed discussion was held about the actions to be initiated for mitigation of pollution in Hussain Sagar Lake.
2. Reply of the Joint Committee for the objections raised by the applicant dated February 8, 2021 It was informed by the applicant that as per the direction of Hon'b1e NGT an objection was filed at NGT for the Joint Committee report dated January 21, 2021 . However the Joint Committee had no knowledge about the objections and requested the applicant to provide a copy so that the reply can be made.
The point wise reply of the Joint Committee for the objection raised by an applicant is depicted in the table below:
s. Objection raised by applicant Reply by Joint Committee While the NGT order cited by the Joint The Hon'b1e NGT in its order dated Committee of 21 January 2020 permitting the January 21, 2020 constituted joint Committee „to co-opt any expert member whom committee and given liberty to co-opt any they feel necessary for the purpose of undertaking expert member whom they feelnecessary this aspect.‟, and TSPCB as the nodal agency.the for the purpose of undertaking any study. Committee report has committed contempt of The Joint Committee did not feel the Tribunal order as follows: „The second necessary for co-opting any expert Committee meeting and site inspection was member as no detailed study was held on 15.12.2020 and 16.12.2020 undertaken.
respectively,
comprising the following Committee
members
with officials from TSPCB, HMDA &
HMWS SB‟. Hence, the site visit and report
borne
out of this visit and meeting is not within ambit ofNGT order and appears seriously influenced.
2 In spite of the Applicant raising objections of The Hon'ble NGT in its order dated not being informed of the site visit in march January 21, 2020 and September 14, 2020 by the Committee and not being called to 2020 directed the Joint Committee take her observations/suggestions, in her reply constituted to ascertain the objections dated 25 August 2020, yet again the Committee raised by the applicant and did not visits on 15 and I 6thof December 2020 without direct to involve in inspections and call calling the Applicant and without taking her for the meeting.
objections, while the NGT order directs the Committee to ascertain the objections raised by Hence the joint committee the applicant, the Committee demonstrated that acted according to the direction to the they are not serious about the objections raised by Hon'ble NGT. Applicant not about the NGT order of 14 September 2020.
The Committee has been appraised about The bio-remediation work of Hussain the illegality involved in the contract to M/s Sagar Lake allocated to M/s Matrix Matrix Environment Llc, with substantiations, through Environment INC, Bahadupura, the applicant's reply of 25 August 2020 from item Hyderabad is an State affair. The Joint number 13(a) to (f), 14, 15, 16, 17 and 30. It Committee has no role in questioning is the pertinent to note that the Committee in its work of the State Government. The report Joint of 17 August 2020 stated at item 6(ii) But the Committee was constituted to Committee did not receive only technical considerthe objections raised by the documents about this work. ‟ While, corruption parties to the is writ large in the M/s Matrix Environment earlier report of 2015 and to submit INC theconsolidated report on the ToR given by Bahadupura, Hyderabad‟ affair as corroborated the Tribunal in the order dated 26'h May, from the detailed digital and on-ground research 2015. Findings stated in the reply of 25 August 2020. It is appalling that the Committee did not raise any question on the findings and did not seek any documentary evidence from the respondents.
4 The Applicant submits that the Committee Not applicable to Joint Committee, disregarded the industriousl a b o u r put in by the HMDA may reply for this. applicant on the crux issue of this petition that is to clean Hussain Sagar and the respondents were gaming around by giving contracts to companies that does not even figure on website of HMDA or on the website of the „M/s Matrix Environment INC, Baliadurpura, Hyderabad‟ and does not give any document to the Committee. This Tribunal may proceed against the respondents for the corruption and for the silence/endorsement on the corruption respectively.
5 WHAT THE JOINT COMMITTEE FAILED The joint committee inspected the site in TO ELICIT FROM THE HMDA: order to submit report on the ToR given to the Committee. The Joint Committee Current online findings regarding M/s Matrix no where recommended the work to M/s Environment INC, Bahaduipura, Hyderabad‟ are as Matrix Environment INC. Further, follows: the Committee is not having any role to play
a) An online search (www.matrixenviro.co1nand on examining the tenders floated by the http://www.matrixenvironmen) reveals two websites State Authority. The State Authority when searched for M/s Matrix concerned way submit detailed reply in Environment INC, Bahadurpura that HMDA ttiis regard to the Hon‟ble Tribunal, claims to have used bio remediation methods to clean serving a copy to all the concerned.
Hussain Sagar. Further, the website http://www.matrixenvironinent.comreveals a page http://www.matrixenvironment.com/cleaning-up-Hussain- Sagar-Lake where it is observed that all previous information furnished by the Applicant is not available on the website now. Only general information of EzOx system is provided.
B) Even the youtube link on this Hussain sagar lake.html shows „Video unavailable‟.
C) What is mentioned as part of tender notice is that the company should have proven expertise and experience with various other conditions. Below extract from tender notice of 28.10.2019 and 7.1 2.2020:
'3. The agency shall have demonstrated experience of pollution elimination or abatement projects by remediation techniques with a proven track record of using their patented technology With official demonstration end the site references. In addition to this, the bidders shall submit CV of the principle investigators who has developed the Remediation process and its success at various Projects completed along with sustainability of intervention by the hider D) The Committee has not done the preliminary research even during its second visit in spite of applicant appealing and industriously giving all details of fraud of HMDA Matrix Environment Inc links. Whereas a preliminarily investigation, if done sincerely would have revealed that from October 2017 to March 2018, all the waste waters were allowed directly into Hussain Sagar. Further, from April 2018 to June 2019 N ACOF, a Bengaluru based company has used EM spray solution and EM Bokashi balls in Hussain sagar which as per media reports was not satisfactory. Further, HMDA states „in continuation‟, a Canadian company was given bioremediation contract from March 2020 to August 2020. This is surprisingly being mentioned only in the tender notice issued on 07.12.2020, i.e., ten days before the Committee makes its second visit to the site.
E) In the earlier objections to Committee report of 25 August 2020, it was submitted that a page on the website has a tab „Hussain Sagar‟ Lake‟ http://www.inatrixenvironinent.com/Cleaning-up-
Hussain-Sagai -Lake.htmlwith the following claims: „HMDA had expressed satisfaction with the implementation of the free pilot project for improvement of quality of the lake water with Canadian innovative technology', the same page when viewed on 4 February 2021 does not carry the name of Hussain sagar in its entire website.
F) On 21 August 2020, web page http://www.matrixenvironinent.coin/Infoormation.ht ml carried names of Hassan Ahmed and Naseer Mehdi Khan among others; the same page when viewed on 4 February 2021 does carry any name except the naive as „CEO, Mr. Robert Boivin. No contact tab on website. No contacts on webpage except that of „[email protected] G) Such a company is again mentioned by the Committee in the latest report of 22 January 2021 at item no. 3 para 1 of M/s Matric environment (INC that was stated in first report of the Committee is missing) connected the workin the Month of March 2020 and continued till august 2020. The bio-remediation of Hussain Sagar has been stopped. HMDA has again prepared a new RFP for remediation of lake and global tenders are invited The Tribunal may direct the Committee to submit what are the documents and field survey done to ascertain the claims above regarding bioremediation of Matrix environment, which the applicant claims as dubious in her reply dated 25 August 2020 itself.
Hussain Sagar waters a playground for
corruption contracts:
H) Upon further finding, it is revealed that HMDA called for global tenders on 28.10.2013 and 07.12.2020 as evidenced in https://hmda.gov.in/pdf.six_tender.pdf and https://hmda.gov.in.pdf.tender.tender%20notice%2 0 dt. 07.12.2020% modified.pdf. As per tender notice of 28.10.2019, it is mentioned that due to operational issues and repairs in the trunk sewers from October, 2017 to March 2018, the sewage was discharged into the lake from Balkapur Nala and Banjara Nala resulting in the reduction of DO and increase of BoD values.
I) Further the tender notice also details that 'on completion of the repairs and rectifications of the pipeline sewage was diverted. HMDA has issued RFP to Design, procure, implement proven technology interventions to arrest odour nuisance, algal blooms and to improve water quality and on receipt of the proposals and on recommendations of the Expert Committee awarded the work to an agency with objective and scope of work mentioned for one year. The agency has carried out the treatment process (Bioremediation intervention using EM Technology products) for the period from 30.04.2018 to 30.06.2019. During the intervention, the agency has sprayed EM solution concentrate of Microbes in the lake and Bokashi Balls (EM Mud Balls) J) I) Further as per the Tender notice dated 07.12.2020, it is understood that EM technology was used from 30.04.2018 to 30.06.2019 and another Canadian based company was slected for remediation of lake using energy waves from march 2020 to august 2020. Earlier HMDA has issued RFP to Design, procure, implement proven technology interventions to arrest odour nuisance, algal blooms and to improve water quality and on receipt of the proposals and on recommendations of the Expert Committee awarded the work to an agency with objective and scope of work mentioned for one yea. In this regard, the agency selected carried out the Bioremedation interventions that are based on EM Technology products, for the period from 30.04.2018 to 30.06.2019. In continouation a company based in Canada was also selected for implementing remediation of lake using energy waves during the period from March 2020 to August 2020.' Through media reports of 16 November 2019, 'Last year, HMDA gave the contract lo NACOF, a Bengaluru-based company. However, it was learnt fee work was not up to its satisfaction as recent heavy downpour brought the condition of lake back to square one.' A similar operation was taken up in 2013 and 2016 and the water quality improved, added executive engineer.
I) It is further known from the HMDA website that „Modern food court‟ and „Japanese food courts‟ are the latest permissions inside Hussain Sagar FTL boundary at geo coordinates l7°24'37.4"N 78°28'21.9"E. Links below:
https://www.hmda.gov.in/pdf/tender/Modern%20 Food%20court%20at%20Lumbini%20Park.pdf https://www.hmda.Nov.in/pdf/tender/Japanese%20 Model%20Food%20Court%20at%20PeopIes%20 Plaza.pdf K) Further, HMDA called for tenders for Hussain Sagar Lake Master Plan and Landscape Re-
development‟. A master plan of Hussain sagar is not known to the Committee in spite of two visits so far.
https://wwWmfi8a.gov.in/pdf/tender/Tender%20n otice%20%20for%20%20HSL.pdf HYDERABAD METROPOLITAN DEVELOPMENT AUTHORITY Office of the Chief Engineer block-C, 2ndFloor, HMDA Complex, Tamaka, Secunderabad --500 007 Tender Notice No. HMDA/DEV7CE7 28/2019-20 Date. 02-03- 2020 Hyderabad Metropolitan Development Authority invites /invitation for Request For Proposal (RFP) for Providing Consultancy Services for Hussain Sagar Lake Master Plan arid Landscape Re-development from the reputed National agencies in single stage three over .sys/ert (Cover-I--Eligibility Criteria, Cover-II-- Technical Proposals, Cover-III--Financial Proposals). The detailed scope of work, eligibility criteria and other details can be seen in RFP on website /http://tender.telangana.gov.in L) The HMDA issues tender notice on 2.11.2020 for Lake Front Night Bazaar across lengthy shoreline of Hussain sagar, a source of pollution, concretization and that which is prohibited for healthy lake environment.
HYDERABAD METROPOLITAN DEVELOPMENT AUTHORITY Office of the Chief Engineer 7th floor East Wing, Swarna Jayanti Complex, Aneerpet Hyderabad -500038 Tender Notice No. HMDA/DEV7CE/13/2020-21Date.02- 11-2020 Hyderabad Metropolitan Development Authority is issuing the Request or Proposal (RFP) /› "Grant of License for Design, Procurement, Development, Operation and Maintenance of Lake Front Night Bazaar along the.shoreline of Hussein SagarLake between Snjeeevaiah park and Buddha Bhavan,, Hyderabad, Telengana. The details scope of work, eligibility criteria and other details can be seen in RFP on website (http://tender.telangana.gov.in.) 6 The Committee ought to have prudently The figure I of the Joint Committee questioned the science and sense of „erecting report dated January 21, 2021 is the map concrete barriers built in nallahs to prevent showing the proposed project plan by sewage‟. The Applicant has been repeatedly citing HMDA and HM WS&SB. about handling treating sewage/industrial The copy of the Figure 1 (Map) was pollutants at source and in the vicinity and not to provided by the HMDA. transport it across terrain through kilometers of pipelines. Unsustainbility and unscientific approach of piped transportation of waste waters but the same has not been considered by respondents. The Figure I should be given in full size format for full understanding. The present figure is not at all readable. Purpose of such unreadable submission of an important figure is beyond comprehension. Suggestions can be given only after studying the figure.
7 Point 7 and 8 of the Applicant's reply dated 25 The Hussainsagar Lake has two outlets, August 2020, the applicant had submitted that out one at Near Viceroy Hotel and another of 9 locations mentioned by the Committee, the one at GHMC Office. The joint outflow channel that flows right through the committee decided to collect the sample respondent GHMC office was not at the V iceroy Hotel since the flow was surveyed/sampled. Even the geo coordinates and moderate and that point is also included geo tagged picture were provided to substantiate in the National Water Quality Monitoring the objection.
Programme by Telangana State Pollution Control Board.
8 At item 12, the Applicant sought for re-use of the The Joint Committee in its report dated treated waste waters as emphasized by Supreme January 21, 2021 has already Court Monitoring Committee. Treating and re- recommended that treated sewage shall using the waters is the only way to stop piping of be reused for other purposes than waste water s and obtaining clean lakes. The reply discharging into lake. of the Applicant dated 25 August 2020 and the reply of the Applicant to the reports filed by the State on 12 September 2020 and 23 September 2020 may be taken on record for suggestions/alternatives.
9 The Applicant reproduces below the objection and Regarding the demolition of Secretariat concern raised at point 23 regarding Secretariat building, the matter is being separately debris. There is not a single proof that the debris dealt by this Hon'b1e NGT in the O. A. of the Secretariat of more than 10 lac sq ft would No. 107 of 2020 in the matter of need around 30,000 sq mtrs of land when piled up Antiivtila Revanth Reddy Vs. Union of to a height of five to six meters, has been actually 1ndia& Ors., wherein the Joint transported from demolished site to Jeediinetla Committee already submitted the report plant as being claimed. No picture of the and the matter is still pending before the estimated 5000 trucks told to having carried debris Hon'ble Tribunal. is available in the entire media noi‟ given by government. This should definitely have been done by issuing a contract to shift the debris to the plant as claimed by government. The issue that was raised by the Applicant is that all the debris has been dumped in the Hussain sagar the waters of which are on the borders of secretariat.
Committee did not address the serious issue raised by Applicant. OA 107/2020 pointed out by Committee does not raise this issue at all.
'MA MMOOTH VOLUME OF DEBRIS DUMPED IN HUSSAIN SAGAR
23. It is submitted that there is no plan as to where the debris would be taken. Debris of more than 10 lac. Sq ft would need around 30,000 sq mtrs of land when piled up to a height of five to six meters. It is very pertinent to note there that from July 7 till date there is not a single picture that has been given either by the State Government through press release or did any journalist get any pictre of any vehicle carrying the debris of the secretariat outside the demolition site. It is submitted that nobody knows where the debris is dumped as there is no official document release on the demolition and construction of the secretariat. Even the official page of Telangana CMO from where there are communications on daily basis contain any information where the demolition waste has been taken. Whereas, o 27.07.2020, prominent newspaper carried the news that more than 4500 truckloads of debris could be generated and more than 2000 truckloads of debris has been removed from the debris site. With no site mentioned officially and with no picture from any news agency regarding disposal of construction waste, it is apprehened that the debris could has been dumped in the hussain Sagar lake, which would be an illegal act and highly unethical on part of the Government.
10 Figure 1 annexed shows the official geo The Joint Committee requested Irrigation coordinates and kml drawn on google earth department to clarify/ provide satellite imagery depicting the site area of information about the FTL of the Lake, "Secretariat Complex‟ brazenly cuts through the however no information has been official FTL boundary given to the applicant and provided by the irrigation department till is a preeminent source of pollution, and another now. high rise Structure „Telengana martyr" tinder construction right inside the FTL barely few meters from Secretariats complex‟ just across the eastern road.
11 The Committee report states that repair works to The Joint Committee requested irrigation surplus weir will be completed by this year-end to department to clarify/ provide bring total weir portion to its original level. The information about the FTL of the Lake, question about the lowered weir has not been however no information has been answered by the Committee. The very FTL of provided by the irrigation department till Hussain Sagar has been tampered by the now.
respondents due to lowering of the weir. The lake bed was exposed and further dumped near the Kukatpally nalla side and thus 10 acres had been plotted right inside the FTL of Hussain sagar.
12 Once again Matrix Environmental Inc is cited as The Joint Committee nowhere example to have done bio remediation without any recommended the work to M/s Matrix proof. See above all findings from 3, 4(a) to 4(in) Environment INC. Further, the and findings in the reply filed by the Applicant on Committee is not having any role to play 25 August 2020, from item number 13(a) to (f), on examining the tenders floated by the 14, 15, 16, 17 and 30. Item numbers from 48 to 57 State Authority. in the reply of the Applicant dated 25 august 2020 to Committee report dated 17 august 2020 may be referred by the Committee along with item numbers 4 to 39 in the reply of the Applicant dated 12 Sep 2020 to report filed by the State dated 20 August 2020 and item numbers 1 to 14 in the reply filed by the Applicant dated 22 Sep 2020 to report filed by the State dated 12 Sep 2020.
4. Progress of action taken by HMWSSB to prevent the untreated sewage into Hussain Sagar Lake Reportedly HM WSSB had engaged M/s Shah Technical Consultants to prepare Comprehensive Sewerage Master Plan in Hyderabad Urban Agglomeration (HUA) up to Outer Ring Road (ORR). The projected sewage generation for the year 2021 is 1960 MLD out of which the existing treatment capacity available is 772.3 MLD. The gap of 1187.7 MLD of sewage flows through 185 drains and joins various water bodies which in turn joins river Musi and Nakkavagu.
The Telengana Government has accorded administrative sanction for construction of 17 STPs (Package I) with a capacity of 376.5 MLD vide GO Rt.No.374, MAUD, dt: 11 .09.2020 under HAM mode of contract with 40% fund by State Government & 60 % by the contractor in the Hussain Sagar Lake - Kukatpally Nala Catchment area. The online e- Tenders were invited vide EP No.06/CGM(E)/PCC-II/ STPs Hussain Sagar lake, Kukatpally Nala Catchment/2020-21, dt: 23.09.2020 with due date on 5.12.2020. Further as per bid conditions, a pre-bid meeting was convened on 24.11.2020 and was attended by 1 7 Nos of prospective bidders and various clarifications sought by bidders were clarified. As per the request of the bidders, the last date for submission of bids was extended tip to I 6.12.2020. The online Technical Bid under e- Procurement platform was opened on I 6.12.2020 and found that no bids were received for the above tender. The bids were re-called and tender process was successfully completed and HM WSSB has submitted to Telengana Government for issue of work order. It was informed by HM WSSB that 2 years time is required for the construction of STPs. HMWSSB has proposed laying sewer collection network to convey sewage to proposed 17 STPs in the Kukatpally catchment area i.e. upstream of the Hussain Sagar Lake catchment and proposals submitted to Telengana Government for approval.
The proposed 17 STPs are as follows:
S. No. Location Capacity in MLD
1 Ambar Cheruvu (Pragathi Nagar) 37.00
2 Chinna Maisamma 14.50
3 Nalla Cheruvu (Kukatpally) 15.00
4 Khajakunta 22.00
5 Yellammakunta Lake (Maya Nagar) 13.50
6 Fathe Nagar 100.00
7 Vennelagadda 5.00
8 Gayatri Nagar (Chintal) 5.00
9 Fox Sagar Lake 14.00
10 Shivalaya Nagar Cheruvu 14.00
11 Pariki Cheruvu (Kandri Gutta) 28.00
1.2 Dhurgam Cheruvu 7.00
13 Khajaguda 21.00
14 Miyapur Patel Cheruvu 7.00
1.5 Gangaram Cheruvu 20.00
1.6 Mullakathuva Cheruvu 33.50
17 Kamuni Cheruvu 20.00
Total 376.5
Progress of action taken by HMDA for the Bio-remediation of Hussain Sagar Lake HMDA had invited Global Invitation foi Request for Proposal (RFP) to "Design, Procure, Implement Proven Technological interventions for odour nuisance, algal blooms and to improve the water quality of Hussain Sagar‟ Lake". The Expert Committee was constituted as per the orders of the Prl. Secy. To Govt., MA & UD Dept. comprising of Environmental Scientist from TSPCB, Professor IITH, Professor & Head Micro Biological JNTU, Special Advisor Projects, Chief Scientist EPTRI and CGM HGC L. It was informed that the committee was constituted for the purpose of short listing, and to evaluate for calling bidders to present their technology by way of presentation before the Committee so as to select the bidders based on the technology suitable for Hussain Sagar Lake. Following six (6) agencies submitted the proposals and made presentation on their technological interventions before the Committee and the finalization of tender is under progress. HMDA provided the copy of RFP to the Joint committee members and is enclosed as Annexure 2.
i. M/s Vasathi Housing Ltd. ii. M/s Randhawa Brosons Enterprises iii. M/s NACOF iv. M/s K.N Bio-Science (India) Pvt. Ltd. v. M/s Cleantec Infra Pvt. Ltd. vi. M/s Aria Palley Infrastructure 5. Conclusions of Joint Committee
Following conclusions are based on the discussion held and documents provided by concerned departments:
i. HM WSSB has completed tender process for the construction of 17 STPs in the Hussain Sagar Lake - Krikatpally Nala Catchment area.
ii. HM WSSB has proposed laying sewer collection network to convey sewage to proposed 17 STPs in the Kukatpally catchment area and waiting for the approval from the State Government.
iii. HMDA had invited Global tender for Request for Proposals (RFP) to improve the water quality of Hussain Sagar Lake through Bio- remediation. The finalization of tender is under progress.
6.Recommendations of the Joint Committee After discussion & reviewing of the progress of action taken by the concerned departments viz. HMDA, HMWSSB and irrigation department, the Joint Committee requested the Hon‟ble NGT to issue suitable directions to concerned departments for submitting the time bound action plan to comply with the following directions to improve the water quality of the Hussain Sagar Lake.
i. The GHMC which is responsible for the sewage management and solid waste in the Hyderabad has not attended any of the meeting conducted by the Joint Committee in spite of informing the meeting schedules.
ii. GHMC to quantify the sewage generated in the entire city and submit a time bound action plan for the treatment of the entire sewage generated in the Hyderabad city limits.
iii. To ensure full-fledged operation of Solid waste management system including door to door collection with segregation of wet and dry waste. To ensure that no solid waste/ garbage find its way to water bodies either by dumping/throwing in the vicinity of water bodies.
iv. HMDA has once again called a global tender for the Bio-remediation of Hussain Sagar Lake, without tapping the pollution at the source a fruitful result cannot be borne. The reply may be given for the queries raised by applicant regarding the bio-remediation carried out by M/s Matrix Environmental Inc, Hyderabad and the tender issued for Modern food court‟ and „Japanese food courts‟ at the boundary of the Hussain Sagar Lake.
v. HMDA to ensure the regular operation of STPs maintained by their and to reuse the entire treated sewage than discharging into the Lake/ water bodies.
vi. To submit a time bound action plan for the construction & operation of the proposed 17 STPs at the Kukatpally catchment area. To ensure that laying sewer collection network to convey sewage to proposed 17 STPs is completed at par with the proposed STPs, a time bound action plan may also be provided.
vii. The irrigation department may provide the requested information about the Full Tank Level (FTL) and repair of the surplus weir near the Viceroy Hotel.
viii. After discussing with the concerned Department of the State Government, it was learnt that the FTL, Sluice gates in the Lake & Surplus weirs comes under Irrigation Department the maintenance of Lake, STPs around the lake and the I&D structure built at the mouth of the Hussain Sagar lake come under the HMDA. The drains carrying the sewage to the water bodies cornes under the purview of G HMC and the construction of STPs to treat the sewage generated by the city is with the HM WSS B. ix. The concerned Department shall upload the work carried by them to improve the water quality of the Lake in their respective website for the public access.
7.Submission of Joint Committee The Joint Committee (JC) constituted by the I-Ion'b1e NGT humbly prays that this JC has regularly filed their report in regular intervals and assisting this Hon'b1e Ti'ibuna1 for giving directions to the concerned Party/ Authority in the proceedings. Further this Hon'b1e Tribunal may give directions to respective departments for improving the water quality as suggested by this JC. Hence it is prayed that this Hon‟ble Ti'ibiina1 may discharge the Joint Committee by considering their report.
5. Learned Counsel appearing for the applicant submitted that they have not answered the objections raised by the applicant to the earlier report and that nothing was mentioned about the dumping of construction debris which was generated due to demolition of old Secretariat building and their case was that though the contracts were given to several persons for transporting the construction and demolition waste that was generated due to demolition of old Secretariat building. In fact the debris was not transported to the actual land-fill or disposal facility provided for such debris and that has been deposited by them in the Hussain Sagar Lake itself and the case mentioned as O.A. No. 107/2020 does not relate to this aspect but the Committee had said that they have filed a detailed report in O.A. No. 107/2020 and they have not mentioned anything about the same in this report in spite of the fact that specific objection has been raised.
6. Further, the applicant raised objections that in the guise of repairing the surplus weir, there was tampering of the FTL of the Hussain Sagar Lake by lowering the weir and the lake bed was exposed and further material was dumped near the Kukatpally nalla side and thus 10 acres had been 18 plotted right inside the FTL of Hussain Sagar Lake. But the Joint Committee in their answer mentioned that the Joint Committee requested Irrigation department to clarify/provide information about the FTL of the Lake, however, no information has been provided by the irrigation department till now. Further in the recommendation portion, it was mentioned that the Greater Hyderabad Municipal Corporation who is responsible for sewage management and solid waste management in Hyderabad has not attended any of the meeting conducted by the Joint Committee in spite of informing the meeting schedules. These two pitfalls pointed out by the Joint Committee in the report show the lack of responsibility on the part of the concerned department to answer the query raised by the Joint Committee for the purpose of filing a detailed report which was directed by this Tribunal, which deals with pollution caused to Hussain Sagar Lake, one of the famous and ancient lake in Hyderabad. When this was pointed out Mr. Ramchandra Rao, Learned Additional Advocate General, who was present for appearing in another matter and Ms. H. Yasmeen Ali, Learned Counsel for the State of Telengana submitted that they will look into those allegations and cooperate with the Committee in answering the queries made by them.
Learned Counsel appearing for the State of Telengana also submitted that they want to file a detailed report regarding interim measures taken by them on the basis of the recommendations given.
197. Let the independent Departments may file their progress report regarding the implementation of the directions and recommendations made by the Joint Committee and submit their detailed reports to this Tribunal. But at the same time they are also directed to furnish the details required by the Joint Committee and attend the Joint Committee meetings and appraise the progress of the work done by them so that the Joint Committee can also conduct further inspection and conduct further analysis of the water quality and then submit a further report to the Tribunal regarding the improvement caused to Hussain Sagar Lake on account of the temporary measures that has been said to have been taken by the respective Departments till long term measures are completed and also answer the specific objection raised and referred to by us in the earlier paragraphs.
8. The Joint Committee is also directed to answer the objections raised by the applicant regarding the dumping of construction and demolition of debris generated due to the demolition of old Secretariat building in the report, even if they have filed a detailed report in O.A. No. 107/2020, they ought to have mentioned about the nature of report regarding this aspect and its impact on Hussain Sagar Lake in this case also as it is a specific case relating to the remedial measures to save Hussain Sagar Lake from pollution and encroachments. If the concerned departments, namely, Irrigation and Greater Hyderabad Municipal Corporation did not attend and furnish the details and cooperated with the Joint Committee in 20 carrying out the inspection and submission of report, then their impertinent attitude of not attending the meetings or furnishing the details which they are expected to avoid as being the regulator, they have got the responsibility to protect environment and it is a onerous duty cast on them under the Constitution of India as well will be seriously viewed by this Tribunal and appropriate punitive measures against such erring officers will be taken/initiated.
9. The Joint Committee is directed to collect the details and file further progress report and also status of compliance of the recommendation made by the Joint Committee by the respective Departments and also suggest improvement that has been made on account of the temporary measures taken by them and if there is any gap, they are directed to furnish further recommendations for improving the situation.
10. The respective Departments are also directed to file their action taken report on the basis of the recommendations made by the Joint Committee and the Joint Committee is also directed to file further report on or before 23.08.2021 by e-filling in the form of searchable PDF/OCR supportable PDF and not in the form of image PDF along with necessary hardcopies to be produced as per Rules.
11. The Registry is directed to communicate this order to the members of the Committee, official respondents and also to Chief Secretary, State of Telengana and Principal Secretary for Environment, Local Administration, 21 Irrigation and Public Works Department for information and also instruct their officials to comply with the direction of this Tribunal and submit progress report to this Tribunal as directed without fail making all necessary details which will be helpful for this Tribunal to dispose of the case effectively.
M.A. No. 174 of 201612. The Joint Committee is also directed to consider the prayer mentioned in M.A. No. 174/2016, namely, the flood control system constructed by the respondents including sluices and other necessary structures as suggested by the members of the Supreme Court appointed Committee, namely, Prof R.C. Reddy and Mr. Sagar Dhara and submit about the allegations made in the application as well when they are filing the Joint Committee report.
13. With the above observation, we are disposing M.A. No. 174 of 2016.
M.A. No. 174 of 2016 is dispose of accordingly. The Registry is directed to furnish the copy of the affidavit and the prayer in the M.A. No. 174 of 2016 to the members of the Committee so that they can go into the issue as well while submitting the report as well.
M.A. No. 232 of 201614. This application was filed by the applicant to initiate contempt proceedings against the respondents in terms of the Sections 26 and 28 of National Green Tribunal Act, 2010 for wilful disobedience of the orders of the Hon‟ble Tribunal dated 01.05.2020 in O.A. No. 85/2015. It is alleged 22 in application that in violation of the interim order passed by this Tribunal dated 01.05.2015, the official respondents are acting. It may be mentioned here that after passing this order by the Tribunal, this Tribunal had appointed a joint Committee to go into the question and file report regarding the same and this Tribunal is considering those reports periodically. The question as to whether they have deliberately violated the interim order passed by this Tribunal and whether that is justified for reasons taking into account as part of disaster management which is likely to arise, then those aspects will have to be considered by this Tribunal while deciding the matter finally. If this Tribunal finds that there was any wilful violation or disobedience of the order passed by this Tribunal, then that issue will also be considered by this Tribunal while deciding the case finally depending upon the nature of evidences available and facts to be considered by this Tribunal as it is a matter relating to penal action against the officials if they have wilfully violated the directions issued by this Tribunal. However, we direct the official respondents, against whom such allegations have been made, are directed to file their independent counter statement regarding the allegations made which can also be considered by this Tribunal while disposing the case finally.
15. With the above observations, M.A. No. 232 of 2016 is also disposed of.
2316. For consideration of further report, post on23.08.2021.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Dr. K. Satyagopal) O.A. No.85/2015 (SZ)& M.A.No. 174/2016 & 232/2016 8th July, 2021. (AM) 24