National Green Tribunal
Subhash Datta vs State Of Odisha on 17 April, 2023
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.139/2022/EZ
Subhas Datta Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 17.04.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Mr. Subhas Datta, in person
For Respondent(s) : Mr. Saubhagya Ketan Nayak, AGA for R-1,2,4&7,
Ms. Papiya Banerjee Bihani, Advocate for R-3,
Mr. Dayanand Mohapatra, Adv. for R-5 (in Virtual Mode),
Mr. Ashok Prasad, Advocate for R-6 a/w
Mr. Pradyumna Kumar Mohapatra, Regional Director, CGWB
ORDER
1. Supplementary affidavit dated 23.02.2023 has been filed by the Applicant; the same is taken on record.
2. Photographs have been filed through memo dated 27.02.2023 by the State Respondents; the same is taken on record.
3. Affidavit dated 25.02.2023 has been filed by Respondent No.6, Central Ground Water Board; the same is taken on record.
4. Mr. Pradyumna Kumar Mohapatra, Regional Director, Central Ground Water Board, is present in the Court to assist the court. His personal appearance is dispensed with for future.
..................................... B. Amit Sthalekar, JM ....................................
Dr. Afroz Ahmad, EM
April 17, 2023
Original Application No.139/2022/EZ
MN
1
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.139/2022/EZ In the matter of:
SUBHAS DATTA, Son of Late Baneswar Datta, 25/1 Guitendal Lane, P.O. + P.S.+ District-Howrah, PIN-711101, West Bengal ........Applicant(s) Versus
1. STATE OF ODISHA, (Notice through the Chief Secretary), Govt. of Odisha, General Administration Department, Odisha Secretariat, Bhubaneswar-751001
2. DEPARTMENT OF FOREST, ENVIRONMENT & CLIMATE CHANGE, Govt. of Odisha, (Notice through the Principal Chief Secretary), Kharavel Bhawan, Bhubaneswar-751001
3. MEMBER SECRETARY, Odisha Pollution Control Board, Paribesh Bhawan, A/118, Nilkantha Nagar, Unit-VIII, Bhubaneswar-751012
4. COLLECTOR & DISTRICT MAGISTRATE, PURI, Collectorate, Governor House Road, Puri-752001
5. PURI KONARK DEVELOPMENT AUTHORITY, (Notice through the Vice-Chairman), VIP Road, PKDA Square Puri-752001
6. CENTRAL GROUND WATER BOARD, South Eastern Region, (Notice through the Regional Director), Bhujal Bhawan Khandegiri, Bhubaneswar-751030
7. PURI MUNICIPALITY, (Notice through the Executive Officer), Harihar Chhak, Sea beach Road, Puri-752001 2 ........Respondent(s) Date of hearing: 17.04.2023 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER For Applicant(s) : Mr. Subhas Datta, in person For Respondent(s) : Mr. Saubhagya Ketan Nayak, AGA for R-1,2,4&7, Ms. Papiya Banerjee Bihani, Advocate for R-3, Mr. Dayanand Mohapatra, Adv. for R-5 (in Virtual Mode), Mr. Ashok Prasad, Advocate for R-6 a/w Mr. Pradyumna Kumar Mohapatra, Regional Director, CGWB ORDER
1. The Applicant in the Original Application has, inter alia, sought implementation of the orders of the Tribunal passed on 14.08.2020 and also to take all steps for conservation of Sweet Water Zones of Puri.
2. Mr. Subhas Datta submits that these Sweet Water Zones are the natural ground water recharge zones of Chakratirtha and Balipanda in the town of Puri, Odisha, which also finds mention in the Public Notice No. 1/2016 dated June, 2016, published in the newspaper "The Times of India, Bhubaneswar", on Friday, June 10, 2016, by the Central Ground Water Authority, Ministry of Water Resources, River Development and Ganga Rejuvenation, Govt. of India.
3. The Applicant seeking a direction to the Respondents to take all steps for conservation of Sweet Water Zones of Puri at Baliapanda and Chakratirtha and to stop lifting of underground sweet water within the Puri Municipal area in an around Baliapanda and Chakratirtha. Compulsory rain water harvesting system in Puri Town has also been sought as also Solid Waste Management Practices at Baliapanda Dumping Ground in Puri Town. The applicant has also sought implementation of the directions of the 3 Tribunal in its order dated 14.08.2020 passed in Original Application No.110/2013/EZ.
4. It is contended that the Central Ground Water Board has recommended that Sweet Water Zones are the natural ground water recharge zones of Chakratirtha and Balipanda area and need to be protected.
5. A notice to that effect was issued being Notice No.01/2016 in June 2016 and renovation of Swargadwar Crematorium has also been sought.
6. It is also alleged that water quality test of the Waste Water Treatment Plant at Bankimuhan has not been done and there is foul smell pervading in the area.
7. In the Original Application No.110/2013/EZ a status report had been filed which was incorporated by the Tribunal in its order dated 14.08.2020 and which reads as under: -
"Hon'ble National Green Tribunal have passed orders on dated 05.06.2020 to submit a status report by the respondents more particularly, the Puri Municipality, Odisha Water Supply and Sewage Board, Respondent No. 6 and the Committee constituted vide order dated 20.04.2018. A meeting of the Monitoring Committee held under the Chairmanship of Collector, Puri on 08.07.2020. The progress of the Environment Management Plan and the status of other activities as per the proceedings of the Committee is annexed herewith.
1. Preparation of EMP:
I. A Committee of monitoring the health of the aquifer/ Sweet water has been constituted by the Govt. in H&UD Deptt. Vide letter No. 11006 dated 09.05.2018 as per direction of the Hon'ble NGT for preparation of the Comprehensive Environment Management Plan (EMP).
II. Accordingly all related departments have submitted their plan of action and the draft EMP plan has been submitted to Hon'ble NGT on 20.04.2018.4
III. As per proceeding on dated 18.11.2018 chaired by the Chairman EMP Committee-
cumCollector & Vice Chairman, PKDA, Puri the Member Secretary, SPCB has been requested to prepare the draft RFP/TOR for engagement of technical expert organization Sector/Agency to prepare draft EMP.
IV. Accordingly the RFP for preparation of EMP for Puri, Odisha was published vide this office RFP No. 1634/27.02.2020 where the RFP opening date was 04th April 2020. But no bid was received by this office due to lock down of the State in view of the Covid - 19 pandemic situation.
V. After relaxation of the lock down process the RFP was once again put to the web for publication vide this office RFP No. 4170/16.06.2020. The opening of the bid is fixed to dated 27.07.2020.
2. MONITORING OF SWEET WATER AQUIFER: Sweet water aqua area was jointly surveyed by CPCB and SPCB. They finalized 8 locations for monitoring of sweet water wells to get the representative samples of entire sweet water zone. The Committee reiterated that entire sweet water zone should be free from any kind of encroachment to preserve the sweet water aquifers. Sub-Collector and Tehsildar, Puri were instructed to keep strict vigil in those areas.
Action initiated for protection of sweet water aquifer:
I. Due to reduction of Yield and water quality deterioration the ground water tapping form
5 nos. of large dia bore well are stopped from following points.
UMP chamber No. 17-1 no borewell.
Puri Central School from pump
chamber - 1 nos. bore well.
Pump chamber no. 13-3 nos. of bore
well.
II. Under AMRUT scheme in the package
(AMRUT/OD/PURI/WS/05) the ground water recharge work amounting Rs. 13.51 crore of sweet water zone is under progress. Ground water will be recharged through recharge ponds.
5 III. Unlike drawl of 28 MLD of ground in previous year, only 10 MLD ground water is utilized currently as 18 MLD surface is supplied from WTP. Gradually water extraction will be minimized. Ground water extraction will be reduced and ground recharge will happen which will protect the sweet water aquifer.
IV. To avoid drawl of water near Shree Jagannath Temple, one 350 mm dia alternate pipe line is being laid to meet the Temple demand and of adjoining areas by surface water in place of ground water.
V. C.G.W.B. has drilled out test bore wells one each at both the sweet water zones to study the aquifer characteristic.
3. Overflow of sewage/ drainage water onto the Puri Beach and Functioning of Bankimuhan sewage treatment process which is stated to have been made de-functional now by floating garbage etc:-
The Waste Water Treatment Plant (WWTP) of 5 MLD capacity is functioning well at Bankimuhan to treat the waste water flowing in the storm water drain 7 before discharge to the sea.
2 Nos. of pumping stations are functional at present towards diversion of waste water flowing in Sea Beach drain to the inlet point of Bankimuhan WWTP. Presently the treated effluent from WWTP is discharged at the outfall point and then discharged to Sea by its own course. The effluent quality is being monitored with regard to approved standard regularly by JUSCO in in-
house laboratory as well as State Pollution Control Board at intervals. The floating material of the storm water drain are being arrested at the wet wells at two pumping stations i.e. one in women's college site and second near WWTP wet well by which no floating materials is discharged into the sea. Further the annual maintenance of the WWTP is being done by JUSCO through an agreement with PHEO.
4. Laying of Water supply pipe line and house service connection:- Laying of Pipeline towards drinking water purpose is taken up under AMRUT scheme in Puri Municipality. Out of the proposed length of 168.42 KM pipe to be laid, 157.58 KM has been laid and charged towards water supply connection.
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5. Total target fixed to achieve Universal House Service Connection in Puri Municipality is 24351 where 11270 nos. is proposed to be covered under AMRUT scheme and 1300 to be covered under BASUDHA scheme. Out of which 7012 nos. has been covered through AMRUT & 2500 nos. covered through BASUDHA scheme. Against this target 10500 nos. of house service connection is proposed to be covered under BASUDHA water supply scheme for 32 nos. of wards in Puri Municipality which is in progress and scheduled to be completed by December 2020.
6. Elevated Service Reservoirs:
Similarly 24x7 water supply scheme is under progress. Out of 6 nos. of ESRs proposed in AMRUT scheme in Puri Municipality ranging from 0.133 MLD to 2.00 MLD, 4 nos. have already been completed and other 2 nos. will be completed by September 2020.
7.MUNICIPAL SOLID WASTE MANAGEMENT:
Regarding solid waste management of Puri Town, the Solid Waste from households are being collected in segregated manner like dry waste and wet waste through 40 nos. Swachha Sabaris (TATA ACE) type vehicle engaged for collection of dry waste & wet waste from all households of Puri Town. 80 nos. Swaccha Sathi & 20 nos. Supervisors are engaged to help people motivate to segregate the household wastes and put it in vehicles running in front of their houses in appointed time. Two Micro Compost Centers are already in operation where wet solid wastes are converted to organic compost. 15 self-help group members are working in these MCCs.
Three more MCCs been scheduled to be operational in the month of July. In addition the old Solid Waste plant is also 8 functioning from 03.04.2020. Now Puri Municipality has changed its stand from dumping of solid waste to converting the Solid Waste to compost and other value added materials.
8. As regards the action taken against the unauthorized and illegal structures within CRZ-II area of Puri, it is relevant to mention that as per the CRZ notification 2011 Para-8(I), the State Coastal Zone Management Authority, Odisha is the appropriate authority to regulate the development or construction activities in different categories of CRZ as per the prescribed norms of the said CRZ notification. In this regard an affidavit has been filed by the Principal Secretary, H&UD Deptt. Govt. of Odisha before the Hon'ble NGT EZ, Kolkata on dtd. 7
17.08.2015. Besides Hon'ble High Court of Odisha in the matter of Hotel Association, Puri Vs- State of Odisha has restrained PKDA to exercise the section 91 & 92 of Odisha Development Authority Act, 1982 and directed PKDA to act strictly in terms of Municipal Act & Rule and CRZ notification which is still in force. This has already been submitted before Hon'ble NGT.
9. Rain Water Harvesting Structure PKDA has made mandatory provision for implementation of Rain Water Harvesting System while considering the approval of building plan as per the Planning and building Standard Regulation 2017 of PKDA.
10.Swargadwar:
Renovation of Swargadwar has been taken up by OBCC Ltd. Odisha. Work order has been issued in favour of Preeca Solution India Pvt. Ltd. Hyderabad at a bid price of Rs 1,16,63,095/- (Rupees one core sixteen lakh sixty three thousand Ninety five) only. The schedule date of completion of the work is 05.10.2020."
8. The Tribunal had disposed of the Original Application directing the Committee to ensure that all steps indicated in the status report be completed without fail in terms of the timeline given therein.
9. The Tribunal had also constituted an expert Committee from the following organizations:
I) PKDA (Puri Konark Development Authority), II) Water Resources Department, Government of Odisha, III) Odisha Ground Water Supply and Sewerage Board, IV) Puri Municipality, V) Central Ground Water Authority, Government of India, VI) CPCB, VII) Odisha State PCB.
10. The Tribunal directed the same Committee as indicated below to inspect the site and submit its Report: -
A. Senior Official from Puri Konark Development Authority;8
B. Senior Official from Water Resources Department, Government of Odisha;
C. Senior Official from Odisha Ground Water Supply and Sewerage Board;
D. Executive Officer of Puri Municipality;
E. Scientist from Central Ground Water Authority, Government of India;
F. Scientist from Central Pollution Control Board, Regional Office, Kolkata; and G. Scientist from Odisha State Pollution Control Board.
The Odisha State Pollution Control Board was directed to be the Nodal Agency for all logistic purposes.
11. Affidavit dated 03.01.2023 has been filed by the Puri-Konark Development Authority stating that under CRZ Notification, 2011, the power to regulate construction activities within the CRZ areas, has been entrusted to the District Coastal Zone Monitoring Committee. It is also stated that under the Orissa Development Authority (Planning and Building Standards) Rules, 2020, the municipality grants permission ensuring and regulating the implementation of Rain Water Harvesting System. It is further stated that the Water Resources Department has extended the technology for implementation of Roof Top Rain Water Harvesting System for Puri Urban Areas and it is a mandatory requirement in respect of all buildings based on Ground Water Resources and Assessment, 2020 Feasibility Report which holds good for a period of 5 (five) financial years commencing from 2022-23 to 2026-27 and the Deputy Director, Geology Ground Water Division, has been 9 acting as the executing agency for the said scheme vide letter dated 02.12.2022.
12. Government of Odisha, Department of Water Resources, Resolution dated 02.09.2022 has been filed with the affidavit. The objectives have been stated to be: -
(i) Conservation of rain water.
(ii) Augmenting Ground Water & Improve Water Table.
(iii) Enhancing water quality conditions in Urban Local Bodies (ULBs) and Water Scarce Blocks of the State.
It is targeted that about 373.52 crores liters of water will be harvested on completion of the scheme.
13. The Salient Features of the Scheme have been outlined which mentions that-
(i) Average cost of Rooftop Rain Water Harvesting System for Government building in 27 Urban Local Bodies (ULBs) has been considered at Rs.4.31 lakhs per building.
(ii) Average cost of Rooftop Rain Water Harvesting System for Govt. buildings in 52 blocks-Rural has been considered at Rs.3.06 lakhs per building.
(iii) Any person, in the specified ULBs, owning a building having a rooftop area less than 200 sqm. and not more than three floors will be eligible to apply under the Scheme.
(iv) Government would provide subsidy of Rs.55,000/- or 50% of the cost of the Rooftop Rain Water Harvesting System whichever is less through Ground Water Directorate.
(v) A Rooftop Rain Water Harvesting Monitoring Committee will be constituted at ULB level which will review the progress of 10 the Scheme and submit its feedback to the Department of Water Resources and Collectors of the respective Districts.
It is also proposed that the Scheme will be implemented over a period of 5 (five) years with effect from the financial years 2022-23 to 2026-27 with an outlay of Rs.270 crores.
14. The Odisha State Pollution Control Board has filed affidavit dated 06.01.2023 bringing on record an Inspection Report of the Joint Committee for the municipal area in an around Baliapanda and Chakratirtha. The Inspection Report read as under: -
"In the meeting various issues with respect to the allegations raised by the applicant Sri Subash Dutta and the action which has been taken up by different departments was discussed. The major issues which were discussed related to: (i) Preparation of EMP (Environment Management Plan) for Puri, (ii) Functioning of Waste Water Treatment Plant (WWTP) at Bankimuhan, (iii) Preservation of sweet water zone in Talabania area, (iv) illegal lifting of underground water of sweet water zone, (v) installation of Rain water harvesting structures, (vi) Management of Municipal Solid wastes and (vii) Renovation of Crematorium at Swargadwar, Puri. After the meeting the joint committee members visited various sites i.e. Water Treatment Plant (WTP) at Mangalaghat, Crematorium site at Swargadwar, Material Recovery facility (MRF), Micro Composting Centre (MCC) and Legacy Solid Waste dumping at Baliapanda and Waste Water Treatment Plant at Bankimuhan and Sewage Treatment Plant (STP)/Faecal Sludge Treatment Plant (FSTP) at Mangalaghat to verify the works undertaken by the different departments.
The various action taken by different Departments were placed before the joint committee members which are placed below:11
A. ACTION TAKEN REPORT BY DIFFERENT GOVERNMENT DEPARTMENTS:
1) CENTRAL GROUND WATER BOARD, BHUBANESWAR:
As per the information submitted that by the Central Ground Water Board, Bhubaneswar, it has drilled two test bore well located at Talabania (in the eastern side) and Lokanath Temple (in the western side) of the sweet water zone of Puri. The Litholog study reveals that from top of the soil layer up to 39 meters depth of Phreatic aquifer is the availability of fresh water which is formed by the coalescence of dunes by the combined action of beach and erosion. Within that zone the yielding of fresh/sweet water varies between 15 liter/sec -27 liter/sec. The (Transitivity) value in phreatic aquifer varies from 400 m3/ day to 450m3 day in deeper aquifer. Actually in that area fresh water occurs between 135-233 meter of depth i.e. separated from the overlying and underlying saline water formed by a thick impervious clay horizon. The yield in deeper aquifer varies from 10 liters to 20 liters/sec with T value varies from 180 m3/day to 400 m3/day.
As per findings of CGWB that area (as has been cited in the case matter) is free from saline zone and till date the underground water is fit for drinking purpose.
2) PURI KONARK DEVELOPMENT AUTHORITY, PURI:
(a) The Odisha Coastal Zone Management Authority (OCZMA) is the competent authority to regulate and monitor the construction activities within CRZ areas as per CREZ Notification, 2011-Para 8(i). The Hon'ble High Court of Odisha has restrained PKDA to exercise the section of 91 & 92 of ODA Act 1982 and has directed PKDA to act in terms of Municipal Act & Rule & CRZ notification.
(b) It has informed that all the building plan approval process of urban area has been delegated to Puri Municipality since May, 2022 including implementation of Rain Water Harvesting System (RWHS).12
(c) However, PKDA is giving instruction to implement RWHS during approval of building plan to the respective applicants.
(d) As per the information provided by PKDA authority that Water Resource Department, Government of Odisha has been entrusted to execute the RWHS in all the buildings from 2022-
2023 to 2026-2027. The implementation of RWHS scheme is under process for Puri Urban Areas (As per intimation by Dy. Director (Geology)), Ground Water Development Division-II).
3) WATCO & OWSSB DIVISION, PURI:
(a) Monitoring of sweet water aquifers: Regarding monitoring of sweet water zone the status report has already has been submitted to the Hon'ble Tribunal on 14.08.2020. Five (05) numbers of productions well within sweet water zone were stopped (capped) and another Nine (09) numbers of production well was also stopped in the Chakratirtha and Baliapanda Zone. And in the meantime, the Department has constructed Six (06) numbers of recharge ponds i.e. 3 numbers of size 90 m x 70 m x 2.225m, each at different places of Baliapanda and 3 numbers of size 160 m x 155 m x 2.25m, each at different places of Chakratirtha area which are being filled from surface water through pumping from Mangalaghat (for recharge of ground water).
(b) Sewage/drainage water of Puri town & Functioning of Bankimuhan sewage treatment process: Regarding the functioning of Sewage Treatment Plant at Bankimuhan additional chlorination activity has already been started for treatment of sewage water of the town to reduce criteria parameter like Biological Oxygen Demand before discharge to sea.
(c) Laying of water supply pipeline and house service connection: With regards to drinking water pipeline connection by WATCO Division, Puri, they have completed 168.42 KM with 24x7 water supply to Puri town since 26.07.2021. 13
(d) Universal house service connection: 100% house service connection have been provided to the consumers of Puri Municipality by July 2021 and 24x7 water supply facility have been implemented from surface water of river Dhaudia through 42 MLD Water Treatment Plant (WTP) at Mangalaghat.
(e) Elevated Service Reservoirs: Nineteen (19) numbers of Elevated Service Reservoirs in Puri municipality has been provided.
4) PURI MUNICIPAL CORPORATION, PURI:
A. Environment Management Plan (EMP) for Puri:
(a) Puri Municipality has recruited an expert agency through tender process and the said agency has already presented the strategy and action plan for preparation of the EMP in an inception meeting held on dt. 5.08.2022. Post inception meeting, the agency has already completed secondary literature review and identification as well as assessment of waste generation in Puri city.
(b) Stake holders mapping is already done. The agency has initiated interaction with different stake holder departments.
(c) Environmental primary monitoring data collection could not be done during the monsoon season as per the guidelines of CPCB.
(d) Preliminary literature review of all publicly available secondary resources is already completed. Study of secondary resources questionnaire and sampling plan is designed accordingly by the empaneled agency.
(e) Further the empaneled agency also mapped all the ongoing schemes under Puri Municipality and identified the GAPs which needs to be rectified and intimated Puri Municipality on dt.
04.11.2022.
B. Monitoring of Sweet Water Zones of Puri:
(a) Odisha Coastal Zone Management Authority (OCZMA) is taking care of Sweet Water Zone. In the 42nd meeting of OCZMA held on dt.26.08.2022 under the Chairmanship of Additional Chief 14 Secretary, Forest, Environment Climate Change Department, the authority agreed for modification of the direction issued by OCZMA on 16.09.2017 u/s 5 of EP Act 1986 for conservation and protection of sweet water zone of Puri Town to the extent that only drawl of Ground water is prohibited in CRZ-II area of Puri.
(b) Forest, Environment and Climate change Department has notified vide notification no. 18116, dt 11.10.2022 restricting withdrawal of ground in sweet water zone including CRZ-II area, that avoids contamination of ground water and encroachment of Govt. Land.
C. Lifting of ground water without permission:
(a) Puri is the 1st town in the country to have implemented "Drink from Tap" scheme under which more than 32,000 households have benefited through piped water supply and the number is still growing. Further commercial establishment like hotels and restaurant etc. are being added to the list. Hence there is no need for exploitation of ground water and the dependence of ground water is steadily declining.
(a) Rain Water Harvesting:
(b) In the year 2021, Puri Municipality completed 120 numbers of Rain Water Harvesting Structures in open ground across Puri town.
(c) During the current year 229 numbers of Rain Water Harvesting Structures (RWHS) are proposed to be constructed out of which 85 are roof top RWHS. Till now 80 numbers of RWHS on ground and 53 numbers of roof top RWHS have already been completed.
(d) As regards the implementation of rainwater harvesting system, PKDA has been entrusted to look after the successful implementation of same by the builder, hoteliers and Government office of the both State and Central Government. 15
(e) In this regard, ODA (Planning and Building Standard) Resolution, 2020 has made mandatory for implementation of rainwater harvesting system as has been specified in PARA-47 of the said rule.
(f) The Water Resource Department of Odisha had extended the scheme for implementation of rain water harvesting and ground water recharge scheme to Puri Urban area (vide their letter no.5817, dt. 08.02.2018). The Director and Chief Engineer remote sensing, ground water development, Bhubaneswar has instructed work as per their scheme.
(g) An interactive workshop among all the stake holders for implementation of the scheme was jointly organized by remote sensing division, the Ground Water Development, Bhubaneswar and PKDA on dt. 03.08.2018 at Puri for creating awareness among the public about the scheme.
(h) Leaflets were distributed along with publication in daily newspaper/ road side hoardings were displayed making it mandatory for the private/ commercial establishment and Govt. buildings to implements such schemes.
(i) The Deputy Director Geology, Remote Sensing Division, Bhubaneswar (vide letter no-20. Dtd. 10.01.2020) has intimated that as much as 593 numbers of private buildings and 34 numbers of Government buildings have already been cover under Rain Water Harvesting System in Puri town.
(j) Further the Deputy Director Geology has intimated the above scheme was in force from 2014 to 2019. Since further extension of the above scheme has been approved, they have not able to extend the above scheme further.
(k) In the mean time the plan approver process and development control of urban area has been delegated to Puri Municipality during 2022 and Puri Municipality will ensure implementation of rain water harvesting system as prescribed in the ODA(P&B.S.) Rules, 2020.
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(l) Secretary PKDA intimated the above facts vide memo no 917, dt. 31.10.2022.
D. Solid Waste Management:
(a) Puri Municipality has deployed 60 numbers of compartmentalized waste collection vehicles to collect domestic waste with source segregation. Further under the Express Cleaning service waste from the commercial establishment's i.e. hotels and restaurants are being collected. All the wet waste so collected is being processed in 9 numbers of Micro Composting Centers (MCC) and the dry recyclable waste are being recycled in 6 numbers of Material Recovery Facilities (MRFs). The organic waste termed as "Mo Khata" is being sold to different departments and farmers for use in different types of cultivation, Plantation etc.
(b) The refuse from the MCCs and MRFs which are non-recyclable waste including those collected through road sweeping were sent to Cement Factory through an agency named "Waste Tech". The agency discontinued to receive RDF stating the distance to Rajgangpur as a matter. However, Puri Municipality is in the process of signing of MOU with an expert agency for disposal of refuse etc., as RDF with cement factories.
(c) Further the H&UD is in the process of selecting expert agency for bio-mining of the legacy waste at the dump yard at Baliapanda which will eventually help to reclaim the present dumping area. The RFP No.1/HUD (SAN) dt.19.11.2022 has already been floated and the pre-bid queries have already been submitted by the intending bidders and the bid meeting was held on dt. 14.12.2022.
(d) Puri Municipality has taken visible steps to curb Single Use Plastic (SUP) in the town, which included mass citizen mobilization, engagement with vendors, awareness rallies and robust enforcement through Notification and fine against SUP use.17
(e) In order to eliminate Single Use Plastic pollution in the Beach area and consequently in the ocean Puri Municipality has been active through introduction of innovative campaigns such as "Mo Beach", Tourist and Citizen awareness drive against SUP, Mass pledge to avoid SUP. To convert the awareness against use of SUP into a Novel Programme named "Beach Connect" involving citizens, tourists, vendors etc. has been initiated on alternate Sundays. Now on every Saturday Beach cleaning activity is taken up by the Beach vendors association and Puri Municipality.
(f) "Badadanda Seva" a unique collaborative initiative by Puri Municipality with participation of citizen and vendors was introduced on the Grand Road to mobilize vendors, tourists and general public on non-littering, SUP ban and use of double dustbins in all Commercial Establishments etc. Plastic exchange and promotion of Jute Bags, Kiosks were put up along the Grand Road at several points to collect Plastic Waste and to educate the Mass on recycling of plastic waste.
(g) Puri has been awarded with the Plastic Waste Management Award, 2020 by Department of Drinking Water and Sanitation, Ministry of Jalashakti, Govt. of India for better management of Plastic Waste.
(h) Previously Puri Municipality has achieved rank of 125 in all India basis under Swachha Surveskhyan 2021 but this year Puri has worked hard and enhanced his performance from 125 to 58 in Swachha surveskhyan, 2022 organized by GOI.
Besides this Puri also achieved an award in "Best Innovation and Practices" under 1 to 3 Lakh population in all over India. OBSERVATIONS & RECOMMENDATIONS OF THE JOINT COMMITTEE:
After the meeting the joint committee members visited various sites i.e. (i) Water Treatment Plant (WTP) at Mangalaghat, (ii) Crematorium site at Swargadwar, (iii) Material Recovery facility (MRF), Micro Composting Centre (MCC) and Solid Waste dumping at Baliapanda and (iv) Sewage Treatment 18 Plant at Bankimuhan and Mangalaghat to verify the works undertaken by the different departments. The various observations are mentioned below:
1. To reduce the ground water drawl, the Department of Water Resources, Government of Odisha vide its two division i.e. WATCO and OWSSB has undertaken various steps for minimizing the ground water (sweet water) drawl and utilization of surface water.
2. As per the information 14 numbers of productions well/ground water bore wells within the sweet water zone has been stopped (capped) in the Chakratirtha and Baliapanda area.
3. The extraction of ground water drawl has been stopped completely and now utilization of surface water from river Dhaudia is being carried out by treatment of surface water through Water Treatment Plant (WTP) of 42 MLD capacity at Mangalaghat and supply to the houses within Puri Municipal area.
4. Around 39 MLD treated water from WTP is supplied through 19 numbers of Elevated Service Reservoirs and water is supplied by pipeline to individual house service connection in Puri town.
5. For water harvesting and ground water recharge the department has constructed Six (06) numbers of recharge ponds (i.e. 3 numbers of size 90 m x 70 m x 2.25 m, each at different places of Baliapanda and 3 numbers of size 160 m x 155 m x 2.25 m, each at different places of Chakratirtha area which are being filled from surface water through pumping from Mangalaghat (for recharge of ground water)).
6. As per the information provided, Puri is the 1st town in the country to have implemented "Drink from Tap" scheme under which more than 32,000 households have benefited through piped water supply and the number is still growing. Further commercial establishment like hotels and restaurant etc. are being added to the list. Hence there is no need for exploitation of 19 ground water and the dependence of ground water is steadily declining.
7. A total of 253 numbers of Rain Water Harvesting Structures has been provided i.e. 120 numbers of Rain Water Harvesting Structures in open ground across Puri town were provided during the year 2021 and 80 numbers of RWHS on ground and 53 numbers of roof top RWHS have been provided during the year 2022.
8. For preparation of Environmental Management Plan (EMP) for Puri town the work order has been executed by the Municipal Authority and the same is under process. It is expected that the submission of detail report will take one and half year time since the EMP requires season wise information.
9. For municipal solid waste management of Puri Municipality, the H&UD Department has employed 60 numbers of compartmentalized waste collection vehicles to collect domestic waste with source segregation. Further under the Express Cleaning service waste from the commercial establishment's i.e. hotels and restaurants are being collected.
10. All the Degradable/compostable wet waste collected are being processed in Nine (09) numbers of Micro Composting Centers (MCC) and the Non-degradable dry recyclable waste are being recycled in 6 numbers of Material Recovery Facilities (MRFs).
The organic compost generated is being sold to different departments and farmers for use in different types of cultivation, Plantation etc.
11. The H&UD is in the process of selecting expert agency for bio-
mining of the legacy waste at the dump yard at Baliapanda which will eventually help to reclaim the present dumping area.
12. Puri Municipality has taken visible steps to curb Single Use Plastic (SUP) in the town, which included mass citizen mobilization, engagement with vendors, awareness rallies and 20 robust enforcement through notification and fine against SUP rise.
13. In order to eliminate Single Use Plastic pollution in the Beach area and consequently in the ocean Puri Municipality has been active through introduction of innovative campaigns such as "Mo Beach", Tourist and Citizen awareness drive against SUP. Mass pledge to avoid SUP. To convert the awareness against use of SUP into action a Novel Programme named "Beach Connect"
involving citizens, tourists, vendors etc. has been initiated on alternate Sundays.
14. "Badadanda Seva" a unique collaborative initiative by Puri Municipality with participation of citizen and vendors was introduced on the Grand Road to mobilize vendors, tourists and general public on non-littering, SUP ban and use of double dustbins in all Commercial Establishments etc. Plastic exchange and promotion of Jute Bags, Kiosks were put up along the Grand Road at several points to collect Plastic Waste and to educate the Mass on recycling of plastic waste.
15. The municipal wastewater generated from Puri municipal area is being drained into two areas as per the land gradient i.e. (i) to Baliapanda area and (ii) Chakratirtha area. WATCO Puri division of the Department of Water Resources, Government of Odisha has already provided a Sewage Treatment Plant (STP) of 15 MLD capacity as well as a Faecal Sludge Treatment Plant (FSTP) of 50 KLD at Mangalaghat in which major quantity of municipal waste water generated from Puri town is being treated and discharged to Mangala river after meeting the prescribed standard.
16. Part of the municipal wastewater drained towards Chakratirtha road is being treated in a Waste Water Treatment Plant (WWTP) at Bankimuhan It was observed that the WWTP facility provided is not adequate and needs further modification and treatment so as to meet prescribed standard. WATCO Puri division of the Department of Water Resources, Government of Odisha may 21 take steps for upgradation of the WWTP for meeting the prescribed standard.
17. The District Administration, Puri has already taken steps to renovate the cremation area at Swargadwar and has shifted from the old practices of open burning i.e. on open land without any provision of dispersal of wood burning smoke to atmosphere. Now the District Administration has developed a Crematorium house with open exhaust system at the roof top."
15. The Puri Municipality has filed affidavit dated 09.01.2023 stating that-
(A) Environment Management Plan (EMP) for Puri
1) Puri Municipality has recruited an expert agency for a preparation of Environment Management Plan (EMP) for Puri.
2) Stake holders mapping is already done.
3) The empaneled agency has also mapped all the ongoing schemes under Puri Municipality and identified the GAPs which needs to be rectified and intimated to the Puri Municipality on 04.11.2022.
(B) Monitoring of Sweet Water Zones of Puri
1) It is stated that Odisha Coastal Zone Management Authority (OCZMA) is taking care of Sweet Water Zone for conservation and protection of Sweet Water Zone of Puri town to the extent that only drawl of ground water is prohibited in CRZ-II area of Puri.
2) Forest, Environment and Climate Change Department has issued notification dated 11.10.2022 restricting withdrawal of ground water in Sweet Water Zone including CRZ-II area 22 and avoid contamination of ground water and encroachment of Government land.
(C) Lifting of ground water without permission
1) It is stated that Puri is the first town in the country to have implemented "Drink from Tap" Scheme under which more than 32000 households have benefited through piped water supply and the number is still growing. Commercial establishments like hotels and restaurants etc. are being added to the list. Therefore, there is no need for exploitation of ground water and dependence of ground water is steadily declining.
We direct the Puri Municipality to ensure that the "Drink from Tap" Scheme is extended to cover all the households and commercial establishments including Government buildings of Puri town within a time frame of two years i.e. by 30.04.2025.
(D) Rain Water Harvesting
1) It is stated that in the year 2021, Puri Municipality completed 120 Rain Water Harvesting Structures in open ground across Puri town.
2) 229 Rain Water Harvesting Structures are proposed to be constructed out of which 85 are Rooftop Rain Water Harvesting Structures. As of now, 80 Rooftop Rain Water Harvesting Structures on the ground and 53 Rooftop Rain Water Harvesting Structures have already been completed.
We direct the remaining Rain Water Harvesting Structures to be completed by 31.12.2023. 23
3) It is stated that Puri-Konark Development Authority has been entrusted to look after the implementation of Rain Water Harvesting System by the builder, hoteliers and Government Offices of both State and Central Government.
4) Odisha Development Authority (Planning and Building Standard) Rules, 2020, has made it mandatory the implementation of Rain Water Harvesting System.
5) It is stated that Water Resource Department, Odisha had extended the scheme for implementation of Rain Water Harvesting and Ground Water Recharge Scheme to Puri Urban area vide letter dated 28.02.2018 and interactive workshop among all stakeholders for implementation of the scheme was jointly organized by Remote Sensing Division, the Ground Water Development, Bhubaneswar and Puri- Konark Development Authority on 03.08.2018 at Puri for creating awareness of the public.
6) It is also stated that the Deputy Director, Geology, Remote Sensing Division, Bhubaneswar, has vide his letter dated 10.01.2020 intimated that 593 private buildings and 34 Government buildings have already been covered under the Rain Water Harvesting System in Puri town.
7) It is further stated that the Plan Approver Process and Development and Control of urban area has now been delegated to Puri Municipality in 2022 and Puri Municipality will ensure implementation of Rain Water Harvesting System under the Odisha Development Authority (Planning and Building Standard) Rules, 2020.
24 (E) Renovation of Swargadwar Crematorium
1) It is stated that District Administration, Puri has renovated the cremation area at Swargadwar and has shifted from the old practices of open burning i.e. burning of dead bodies on open land, and has developed a crematorium house with open exhaust system at the rooftop.
2) It is also stated that a registered body named as Swargadwar Seva Samiti headed by the Sub-Collector, Puri is now managing the Swargadwar Crematorium. (F) Solid Waste Management
1) It is stated that Puri Municipality has employed 60 compartmentalized waste collection vehicles to collect domestic waste with source segregation. All the wet waste so collected is being processed in 9 Micro Composting Centers (MCC) and the dry recyclable waste is being recycled in 6 Material Recovery Facility (MRF). Organic waste is being sold to different departments and farmers for use in different types of cultivation, Plantation etc.
2) The refuse from the MCCs and MRFs which are non- recyclable waste are collected and sent to Cement Factory.
3) It is stated that Housing and Urban Development Department (H&UDD) is in the process of selecting expert agency for Bio-mining of legacy waste at the dump yard at Baliapanda which will eventually help to reclaim the present dumping area.
We direct the Housing and Urban Development Department (H&UDD) to complete the process of Bio-mining 25 and reclamation of the Baliapanda Dumping Area by 31.12.2024.
4) It is stated that Puri Municipality has taken steps to curb Single Use Plastic (SUP) through citizen mobilization etc.
5) A programme called the "Beach Connect" has been introduced involving citizens, tourists and vendors etc. to eliminate Single Use Plastic pollution on the Puri Beach.
6) A collaborative initiative by Puri Municipality has also been initiated known as "Badadanda Seva" on the Grand Road to moblize vendors, tourists and general public on non- littering, Single Use Plastic ban and use of double dustbins in all Commercial Establishments. Plastic exchange and promotion of Jute Bags, Kiosks have been placed along the Grand Road to collect plastic waste and to educate the public on recycling of plastic waste.
(G) Flowing of untreated/under treated sewage through Bankimuhan Points
1) It is stated that Waste Water Treatment Plant at Bankimuhan has been setup to treat waste water before flowing into the sea. A chart has been given to show the action taken to treat waste water which is as under: -
a) Screening : To separate the floating and suspended materials.
b) Settlement : Settling the heavy particles at the bottom.
c) Enzyme : to regulate the bacterial population
Dosing and reduce the smell.
d) Aeration : To enhance the amount of dissolved
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oxygen.
e) Chlorination : To reduce harmful bacteria at
discharge point.
16. The Applicant has filed a supplementary affidavit dated 28.02.2023 with photographs stating that he has visited the Sweet Water Zone at Chakratirtha, Puri on 30-31.01.2023 and he has noticed that untreated waste water is being discharged into the forest area of Chakratirtha adjacent to Madhusuden Nagar/Moitri Bihar/Dada Bari Bank Colony etc. Photographs have been filed from page nos.139 to 141 with the affidavit which indeed show discharge of untreated sewage water towards the Chakratirtha Sweet Water Zone are of Puri.
We, therefore, direct the State Respondents to take immediate remedial steps to check the flow of untreated sewage/waste water into the Chakratirtha Sweet Water Zone, within one month.
17. Photographs have also been filed by the Applicant of Swargardwar Cremation area taken on 30.01.2023 showing fugitive smoke escaping into the open air and by way of comparison photographs have been filed by the Applicant of the Nimtala Crematorium, Kolkata to show the effective manner in which smoke from funeral pyres is checked from escaping into the open air at Nimtala.
State Respondents are directed to ensure forthwith that fugitive emissions of smoke from burning pyres do not escape into the open air.
18. The Applicant has also filed photographs from page nos.146 to 148 showing solid waste dumped at the Baliapanda dumping ground at Puri to show that the same are being burnt causing air pollution. 27 These photographs are stated to have been taken on 30- 31.01.2023. The photographs belie the claims made by the Respondents of proper treatment of Solid Waste at Baliapanda Dumping Ground.
We direct the State Respondents to address themselves forthwith to the situation and ensure that the Solid Waste Management Rules, 2016 are strictly followed.
19. The Central Ground Water Board has filed affidavit dated 25.02.2023 and it is stated that 277 entities have received NOC in exempted category (daily withdrawal up to 10 cubic meter per day and in micro and small category). CGWA has issued NOC to 77 entities permitting daily withdrawal of more than 10 cubic meter per day. It is stated that according to the Water Corporation of Odisha (WATCO) they have drastically reduced the dependency on ground water and has made alternate arrangement from surface water to meet the requirements of Puri town. It is also stated that Chakratirtha and Baliapanda areas act as recharge zone for Puri town and must be protected to enhance ground water recharge. This only reinforces the claim of the Applicant with regard to preservation of the Sweet Water Zone of Chakratirtha and Baliapanda.
20. The State Respondent have also filed photographs showing the various actions undertaken by it in compliance of the orders of the Tribunal regarding Rain Water Harvesting (Ground), Rain Water Harvesting (Roof), Recharge point at Talabania, STP at Mangalaghata, Water Treatment Plant Mangalaghata, Banki Muhana Waste Water Treatment Plant, Door to Door Waste Collection, collections from Hotels. Photographs of Baliapanda 28 Dumping Site have also been filed regarding Micro Composting Centers (MCC), Wet Waste to Organic Fertilizer, Multi Recovery Facility, E-Waste Corner, Plastic Waste Collection, Recyclable Material Sold, sale of Organic Fertilizer, Badadanda Seva, Beach Cleaning at Puri Beach, Awareness Programme Schemes. Photographs of Swargadwar Crematorium have also been filed but the photographs filed by the Applicant as of 30-31.01.2023 belie the claims of the Respondents for which we have already issued directions hereinabove.
21. The Applicant has reiterated that the Central Ground Water Authority has issued a Public Notice No.01/2016 dated June, 2016 giving directions therein in respect of Chakratirtha Water Recharge areas and Puri town. The said notification has been filed as Annexure-P/8, page no.42 to the Original Application. The directions in this notification are extracted herein below: -
1. On and from the date of publication of this Public Notice No.1 of 2016, the natural ground water recharge areas of Chakratirtha (Balukhanda) (about 448 Acres0 and Baliapanda (about 207 Acres) I the Puri town, Odisha, identified by the Government of Orissa vide Notification No.1667 dated 27.11.2000, are declared as "Protected Zones" for the purpose of ground water recharge. Any kind of encroachment of land and/or construction of infrastructure in these areas shall not be permitted. The District Collector (Authorized Officer), Puri, Odisha shall ensure protection of the area mentioned.
2. The ground water through existing dug-wells/tube-wells shall be used exclusively for drinking and domestic purposes. However, the owners of dug-wells/tube-wells presently in use for horticulture/industrial/commercial purposes shall ensure to minimize the use of groundwater by 29 adopting water use efficiency measures (recycle and reuse) to conserve and preserve fresh ground water resources.
3. All the ground water users in Puri town shall adopt artificial recharge measures through Roof Top Rain Water Harvesting (water logging areas exempted) to augment fresh ground water as per the Regulation 44(1) of Notification No.2309 dated 18.12.2008 of Bhubaneshwar Development (Authority, Planning & Building Standards) Regulations, 2008.
4. The authority imposes restrictions on construction and installation of any new dug-well/tube well by any person/agency/institution/Organization, in Puri Town without prior permission from the District Collector, Puri, (Authorized Officer) with effect from the date of publication of the final notice.
5. All the existing ground water abstraction structures should be registered through District Collector (Authorized Officer).
22. The Respondents shall ensure that safety, protection and recharge of the Sweet Water Zones at Baliapanda and Chakratirtha are taken care of as per their own respective affidavits as well as ensure that there is minimal use of ground water in the Puri town and that use of ground water is finally completely eliminated once "Drink from Tap" Scheme is fully implemented.
23. Original Application No.139/2022/EZ is accordingly disposed of with a direction to the Additional Chief Secretary, Department of Forest and Environment, Odisha to constitute a Committee under his Chairmanship. The other members of the Committee shall be: -
(i) Director/Deputy Director, CGWA;
(ii) Chairman, Puri-Konark Development Authority;
(iii) Executive Officer, Puri Municipality;
30
(iv) Secretary, Water Resources Department, Govt. of Odisha;
and
(v) Member Secretary, Odisha State Pollution Control Board.
24. The said Committee will work under the chairmanship of Additional Chief Secretary, Department of Environment, Odisha. The Additional Chief Secretary, Department of Forest and Environment, Govt. of Odisha, may nominate any other member/members in the Committee as he may consider necessary to provide him assistance in implementing the various schemes as mentioned hereinabove to ensure compliance of the directions given by the Tribunal.
25. The Committee shall hold its first meeting within 15 days and thereafter, as and when it deems appropriate to ensure compliance of the directions of the Tribunal.
26. The Committee shall also take into consideration the directions given in the MoEF&CC Notification dated June, 2016.
27. Interlocutory Applications, if any stand disposed of accordingly.
28. There shall be no order as to cots.
..................................... B. Amit Sthalekar, JM .................................... Dr. Afroz Ahmad, EM April 17, 2023 Original Application No.139/2022/EZ MN 31