National Green Tribunal
Karnvir Thamman vs State Of Punjab Through Its Chief ... on 25 April, 2023
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 04 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 303/2023
Karnvir Thamman Applicant
Versus
State of Punjab & Ors Respondent(s)
Date of hearing: 25.04.2023
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
ORDER
1. Prayer in this application is to direct demarcation of flood plain zone of river Sutlej which is necessary to maintain ecology of the river. It is stated that rampant encroachments have taken place which are also reported in media, including the newspaper "Punjabi Jagran" dated 10.12.2022 and "Indian Express" dated 01.09.2019. Such encroachments are in violation of section 24 of the Water (Prevention and Control of Pollution) Act, 1974 and orders of this Tribunal in relation to Yamuna dated 13.01.2015 in Manoj Misra vs. Delhi Development Authority & Ors.1, and further order of this Tribunal in M.C. Mehta vs. Union of India & Ors.2.
2. We have considered the matter. There is no doubt that flood plain zone is required to be demarcated and maintained free of encroachment as also held in above referred orders.
12017 SCC OnLine NGT 966 2 2017 SCC OnLine NGT 1980 1
3. We also note that the issue of protection of Sutlej from pollution and environmental degradation has already been dealt with by this Tribunal vide judgment dated 22.01.2021 in OA No. 916/2018, Sobha Singh & Ors. vs. State of Punjab & Ors. The Tribunal disposed of the said matter after referring to the earlier proceedings and order dated 21.09.2020 passed in OA No.673 of 2018, News item published in "The Hindu" authored by Shri Jacob Koshy Titled "More river stretches are not critically polluted: CPCB". Operative part of the said order is reproduced below:
"15. As already noted, that the general issue of restoration of 351 river stretches, including the rivers in question is being separately dealt with in OA 673/2018, (In Re: News item published in "The Hindu" authored by Shri Jacob Koshy, titled "More river stretches are now critically polluted: CPCB"). After orders dated 6.12.2019 and 29.6.2020 in the said matter, mentioned earlier, the matter was last considered on 21.9.2020 in the light of report of the CPCB and the Central Monitoring Committee (CMC), headed by the Ministry of Jalshakti, in pursuance of earlier orders in the said matter. The matter was considered with OA 593/2017, in pursuance of directions of the Hon'ble Supreme Court in (2017) 5 SCC 326, requiring all the States in the country to ensure requisite water treatment devices in time bound manner by 31.3.2018, after which coercive measures must be taken. Following the orders of the Hon'ble Supreme Court, the Tribunal directed that the River Rejuvenation Committees and the Chief Secretaries of all States/UTs must ensure preventing of any pollution of the rivers by enforcing the statutory law and norms and Constitutional obligation of providing pollution free environment. The said directions are:
"Going Forward
24. We have duly considered the CPCB, CMC and OC reports as above and noted the gaps and recommendations. We accept the recommendations of the Committees already quoted above that the States should furnish quality information and comply with the directions of this Tribunal in terms of orders dated 06.12.2019 and 29.06.2020. The violation of mandate of 100% treatment of sewage may be visited with the assessment and recovery of compensation and violation of timelines for setting up of pollution control devices may also be likewise strictly enforced with the compensation regime in place. There is also need for fully utilizing and augmenting the existing infrastructure as already noted above.2
25. The States/UTs may consider using HAM as a business model as well as OCOP concept, FSSM Policy, alternative models for treatment of sewage/faecal sludge, decentralized STPs and also strengthen the online monitoring system. We are also of the view that flood plain zones of all the rivers need to be mapped and demarcated and encroachments removed therefrom. The same be utilized for plantation, creation of bio- diversity parks and constructed wetlands or other recreational purposes, consistent with the environmental concern. We agree with the OC that river side mining needs to be regulated. To reduce the timelines for setting up of STPs, many States/UTs are consuming time in preparing DPRs whereas model DPRs can be prepared and used for shortening the timelines. Similarly, SOPs need to be prepared for the timeline to be taken in setting up of STPs as well as for maintenance and operation of existing STPs particularly those not meeting the norms. Number of monitoring stations also needs to be suitably increased. We are also of the view that the State RRCs must function effectively and the Chief Secretaries must hold monthly meetings as it is found from the report of the OC for the State of UP that the Chief Secretaries may not be doing so. Huge failures of the States/UTs may show poor governance as far as environment is concerned which may need to be remedied. As found by the CMC, neither delay is explained nor accountability is fixed for the failure of the concerned officers which is not a happy situation.
26. While dealing with the control of pollution of River Ganga, the Tribunal noted that following action points for monitoring:
i. Setting up of STPs, Interception and Division (I&D) of drains and preventing untreated sewage and effluents ii. Use of treated water iii. Use of sludge manure iv. Status of septage management v. Compliance in relation to industries vi. Installation of STPs/treatment facilities in Hotels/Ashrams and Dharmshalas.
vii. Water quality monitoring of river Ganga and its tributaries.
viii. Maintenance of environmental flow in river Ganga.
ix. Disposal of Bio-medical waste.
x. Compliance of Solid Waste Management (SWM) Rules,
2016.
xi. Preparation of maps and zoning of flood plains.
xii. Mining activity under supervision of the concerned
authorities.
xiii. Action against identified polluters, law violators and
officers responsible for failure for vigorous monitoring.
CMC/RRCs/ OC for UP may conduct further monitoring keeping in mind the above action points.
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36. Accordingly, we issue following directions:
i. All the States/UTs may address gaps in generation and treatment of sewage/effluents by ensuring setting up of requisite number of functional ETPs, CETPs and STPs, as directed by the Hon'ble Supreme Court in (2017) 5 SCC 326.
ii. The timeline for commissioning of all STPs fixed by the Hon'ble Supreme Court, i.e., 31.03.2018, has long passed. The Hon'ble Supreme Court directed that the State PCBs must initiate prosecution of the erring Secretaries to the Governments, which has also not happened. This Tribunal was directed to monitor compliance and, in the course, thereof, we direct that compensation may be recovered in the manner already directed in earlier orders (See, Paras 5 and 6 herein), which may be deposited with the CPCB for restoration of the environment. iii. The unutilized capacity of the existing STPs may be utilized expeditiously.
iv. The States/ UTs may ensure that the CETP, ETPs and STPs meet the laid down norms and remedial action be taken wherever norms are not met.
v. It must be ensured that no untreated sewage/effluent is discharged into any water body. Prompt remedial action may be taken by the State PCBs/PCCs against non-compliant ETPs/CETPs by closing down or restricting the effluents generating activity, recovering compensation and taking other coercive measures following due process of law. vi. Directions outlined in Paras 24-26 herein may be implemented by the States/ UTs, and their compliance monitored by the Chief Secretaries at the State level, and the CMC at the National level.
xxx xxx xxx
x. CMC may consider development of an appropriate
App to enable easy filing and redressal of grievances with regard to illegal discharge of sewage/effluents.
xi. The monitoring by the CMC may have the target of reduction of pollution loads and improvement of water quality of rivers and coastal areas. xii. The CMC may also monitor the setting up of the bio-
diversity parks, constructed wetlands and other alternative measures to reduce pollution load. xiii. The CMC may also monitor demarcation of flood plain zones.
xiv. The treated sewage water may be duly utilized for secondary purposes by preparing appropriate action plans and reports in this regard be filed with the CPCB periodically.
xv. CMC may submit its consolidated update report incorporating all the above, before the next date.4
Each action point mentioned in Para 26 may be individually covered, and summarized in a tabular format."
16. The case in hands has been pending for the last almost seven years. There have been several orders passed finding pitiable condition of the rivers and the drains connected thereto with inadequate steps by the administration to perform its obligation. Even the State was required to pay compensation of Rs.50 crore for its neglect. The same was also upheld by the Hon'ble Supreme Court. The Monitoring Committee, constituted by this Tribunal, first of statutory regulators (like CPCB, State PCB) and later with a former Judge of the High Court, a former Chief Secretary of the State and a former Member Secretary of the State PCB has functioned for more than two years. Monitoring by the Tribunal or the Tribunal appointed Committee cannot be a regular feature and is only a last resort for some period. It is finally for the State to take ownership of the subject and take stern measures and evolve effective monitoring mechanism to remedy the situation to give effect to its Constitutional obligation to provide clean environment to the citizens and protect natural and scarce environmental resources like water, air and soil for current and future generations. Violators of environmental norms need to be sternly dealt with in the same manner as other criminals threatening the safety of the citizens.
17. Accordingly, as already directed earlier, the ownership of the issue may now be taken over by the Chief Secretary, Punjab who may, having regard to seriousness of the issue, affecting health and environment, personally monitor progress of compliance atleast once in a month and also evolve an appropriate administrative mechanism to handle the grim situation. We may also note that the RRCs headed by Environment Secretaries in all the States/UTs have already been directed to monitor execution of action plans for the polluted river stretches on continuous basis. The RRC Punjab may also accordingly monitor execution of action plans for Sutlej and Beas rivers in continuation of 5th report of the Monitoring Committee, referred to above, subject to overall oversight of the Chief Secretary. The Chief Secretary while reviewing the status of various issues may focus on timely completion of the ongoing works. Quarterly reports be sent by the Chief Secretary to the CMC in terms of the order dated 21.09.2020 in OA 673/2018 which deals with the subject of restoration of 351 polluted river stretches, including the rivers in question."
4. In view of above, it is necessary to ascertain compliance status on the subject of mapping of flood plain zone in terms of above directions from the Chief Secretary, Punjab who may interact with the concerned 5 departments and file a status report on the subject within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
List for further consideration on 17.07.2023.
A copy of this order be forwarded to Chief Secretary, Punjab by e-
mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM April 25, 2023 Original Application No. 303/2023 DV 6