National Green Tribunal
Sri. Shankar Narayanan Bala Krishnan vs State Of Telangana on 29 April, 2024
Item No.6:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No.199 of 2021 (SZ) &
I.A. No.96 of 2022 (SZ)
IN THE MATTER OF:
Sri. Sankar Naryanan Bala Krishnan
Telangana and Ors.
...Applicant(s)
Versus
State of Telangana,
Rep. by its Chief Secretary,
Hyderabad and Ors.
...Respondent(s)
Date of hearing: 29.04.2024.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Ms. Mamatha.
For Respondent(s): Mr. Mohammed Aathic represented
Mrs. H. Yasmeen Ali for R1, R5, R7 & R8.
Mr. Meyappan represented
Mrs. Me. Sarashwathy for R2.
M/s. N. Nathami for R3.
Ms. C.P. Kavitha Renjini represented
Mr. T. Sai Krishnan for R4.
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Mr. D. Sreenivasan for R6.
M/s. Matrugupta Mishra, Swagatika Sahoo,
Ritika Singhal, Vignesh Srinivasan,
Ishita Thakur for R9 & R10.
Mr. Y. Srinivasa Murthy, Senior Adv.
For M/s. P. Venkaiah Naidu - I.A. No.96/2022
ORDER
1. The Central Pollution Control Board (CPCB)/Respondent No.3 has filed its report dated 16.04.2024, wherein they made the following conclusions:-
"(i) CPCB addressed a letters to TSPCB directing to comply with Hon‟ble NGT (SZ) order dated 01.02.2024 to construct additional collection wells for the purpose of treatment which would avoid contamination of downstream water bodies. In turn TSPCB issued direction to GHMC to comply with aforesaid orders.
In response, GHMC submitted its reply to the direction stating that existing leachate collection system is adequate since the leachate collection systems are designed, approved and monitored by Environment Protection Training & Research Institute (EPTRI).
(ii) A meeting was held with expert members to deliberate as directed by Hon‟ble NGT in Para 6 of its order dated 01.02.2024 and it was pointed out from the expert members that environmental and economic benefits of the investment cannot be directly estimated as it requires times series data with respect to ground water, air, soil, odour and water at the site and its surroundings. Hence after long deliberations, it was recommended by expert members that TSPCB shall identify suitable agencies/institutions to carry out a comprehensive study to address the above mentioned points directed by Hon‟ble NGT.
(iii) CPCB convened a meeting with officials of expert organization such as NEERI, Hyderabad, ICT, Mumbai and CEMDE, University of Delhi for preparation of a technical report on the remediation of the downstream water bodies contaminated with leachate near Jawahar Nagar dumpsite in Hyderabad. After analyzing water quality of the cheruvu/lakes, the treatment technologies which have been implemented for remediation of polluted lakes in the country were discussed along with case studies. Based on the discussion in the meeting and in consultation with expert organization, CPCB prepared a technical report on "Remediation of Water Bodies /Lakes" so that concerned State Government Authority/TSPCB can adopt suitable treatment technology by assessing techno economic feasibility for remediation of lakes/cheruvu contaminated by leachate."
Page 2 of 42. The above conclusions given by the CPCB in their report are unacceptable. Conclusion No.(i) is based on the reply given by the Greater Hyderabad Municipal Corporation (GHMC) stating that the existing leachate collection system is adequate, as they are designed and approved by the Environment Protection Training & Research Institute (EPTRI).
3. Therefore, it is evident that the CPCB has not done its independent study in this regard. The CPCB, a central body that formulates guidelines, has to ensure implementation of the same through the SPCBs and ought to have done an independent study and applied their expertise in this regard. They should not simply rely on the report of the GHMC or EPTRI.
4. On the earlier occasion, the direction was issued to the CPCB to furnish a technical report. The CPCB instead of doing a study on this stated that it was recommended by the expert members that TSPCB shall identify suitable agencies/institutions to carry out a comprehensive study. Though it is stated by the CPCB that it had prepared a technical report on „Remediation of Water Bodies/Lakes‟ so that the concerned State Government Authority/Telangana SPCB can adopt suitable treatment technology by assessing techno- economic feasibility for remediation of lakes/cheruvu contaminated by leachate, the study is yet to be done. Delegating such a study to the SPCBs is not acceptable.
Page 3 of 45. Our order dated 01.02.2024 is not fully complied with by the CPCB and the GHMC. Though this case has been pending since 2021 and it is a matter of concern, the CPCB ought to have sprung into action to make a quick study of problems arising out of it and the solutions to be given to various authorities are only displaying a lethargic attitude in this regard.
6. Therefore, we direct the CPCB to do the required study in the interest of the nation to address the issue of leachate from the dumping yards in various states to come out with an appropriate guideline and also issue appropriate directions to the SPCBs, in particular to the Telangana SPCB with regard to the case in hand.
7. Post the matter on 15.07.2024.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.199/2021 (SZ), I.A. No.96/2022 (SZ) 29th April, 2024. Mn.
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