National Green Tribunal
Raja Muzaffer Bhat vs Moef on 10 July, 2024
Item No. 09 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 241/2021
Raja Muzaffer Bhat Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 10.07.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Rahul Choudhary & Mr. Kaustav Dhar, Advs. for Applicant
Respondent: Ms. Palak Mittal & Mr. G.M. Kawoosa, Advs. for Housing & Urban
Dev. Dept.
Mr. Balendu Shekhar & Ms. Tanisha Samanta, Advs. for MoEF & CC
(Through VC)
Ms. Mathora Masoom, Director, Urban Local Bodies (Through VC)
Mr. Ghansham Singh, Member Secretary, J&K PCC (Through VC)
Mr. Harikishan, Technical Officer (Through VC)
Mr. Tabish Beigh, Technical ceel drainage, SMC (Through VC)
ORDER
1. In this original application, the applicant has raised the grievance against the local bodies who have failed to prevent the discharge of untreated sewage and dumping of solid waste in river Doodh Ganga and Mamath Kull in violation of the provisions of Water (Prevention and Control of Pollution) Act, 1974 and judgment of the Hon'ble Supreme Court dated 22.02.2017 in the matter of Paryavaran Suraksha Samiti vs. Union of India & Ors. reported in (2017) Vol 5 SCC 326 and orders of the Tribunal in this regard.
2. The plea of the applicant is that river Doodh Ganga originates from Pir Panjaal Mountain and after travelling for 30 Kms, it starts getting polluted as it enters the inhabited area. It is alleged that the river gets 1 polluted in District Budgam, Chadoora and Srinagar. It is the allegation of the applicant that water from river Doodh Ganga is lifted by the Water Filtration Plant of Public Health Department (Jal Shakti) at Kralpora and is supplied to the various local villages having estimated reach of 5 Lakh population living in Srinagar and Budgam.
3. Further allegation is that the pollution is being caused to Mamath Kull stream on account of dumping of Municipal Solid Waste in an unscientific manner at the banks of Mamath Kull by the Municipal Committee, Budgam. It is alleged that such waste not only comprises of domestic waste but also waste from nearby District Hospitals, bio- medical wastes from private clinics and diagnostic centres which is putting the lives of the residents in grave danger and the water body is gradually becoming a breeding ground for various bacteria and other microorganisms that act as carrier for diseases. It is also the apprehension that there is a grave danger of the entire waste to be flowing into the stream which eventually meets river Jhelum whereby causing major environmental degradation. It is also the plea of the applicant that out of 17 blocks and more than 296 village panchayats in Budgam, there is not even a single village where waste management was undertaken by the local Panchayat under SDM Gramin. The grievance of the applicant is that inspite of making a complaint to the competent authorities, no action has been taken to remediate the situation.
4. The specific plea of the applicant is that Doodh Ganga is a tributary of river Jhelum. It originates from Pir Panjaal Mountain and thereafter passing through number of villages and towns up-stream to down-stream like Sogam, Chadoora, Wathora, Kralpora, Bagh-e-Mehtab, Channapora, Natipora, Barzulla, Bulbul Bagh, it merges into Hoker Sar Lake at Lawaypora, Narbal and eventually meets river Jhelum. 2
5. In respect of Mamath Kull, the plea is that it originates from Pir Panjaal Mountains and after passing through number of villages in Budgam District, it enters the Mamath Village which is 1 km away from the stream and thereafter first enters the Hokersar Lake and eventually meets river Jhelum.
6. River Doodh Ganga and Mamath Kull have been subject to pollution from pesticides from Apple Orchards, discharge of untreated sewage and dumping of municipal solid wastes from the area falling under Srinagar Municipal Corporation and Municipal Committee Budgam and Chadoora.
7. The Tribunal by order dated 18.10.2021 had constituted a Five Member joint Committee with the direction to the Committee to visit the site, look into the water quality in terms of the criteria mentioned therein, in terms of Fecal Coliform, quantity of sewage being discharged, solid waste being dumped on the banks and the action plan by River Rejuvenation Committee (RRC) for J&K constituted as per the orders of the Tribunal in O.A. No. 673/2018 and plan and execute further action. The Joint Committee had filed the report dated 14.01.2022. The said report was taken note of by the Tribunal in the proceedings dated 08.03.2022 as under:-
"7. In pursuance of above, the joint Committee has filed its report dated 14.01.2022 acknowledging the violations but without any meaningful remedial action.
8. The violations found include dumping of waste on the banks of the river, discharge of untreated sewage into the river, unregulated illegal mining activities and failure to protect the embankments of the river. The report signed by the Additional Secretary to the Government, Housing and Urban Development Department.
9. Once such serious violations have been found by the State authorities, failure to take stringent action shows apathy to the obligation of the State under the Constitution, particularly the Public Trust Doctrine of ensuring clean environment by protecting rivers and 3 other natural assets. The attitude of indefinitely waiting for funds from outside agencies is not merely ignorance of law but failure of responsibility. Environment being part of Right to life under the Constitution, such pleas are legally untenable and impermissible. It is for the State to arrange resources for its inalienable and basic responsibility. On that pretext, damage to the environment cannot be allowed to take place or to continue. Timeline laid down under the judgment of the Hon'ble Supreme Court in Paryavaran Suraksha (Supra) for ensuring setting up of all treatment equipments is 31.03.2018 and after the said date, for any failure the Secretary to the Government is liable to be prosecuted in terms of judgment of the Hon'ble Supreme Court. This Tribunal has also issued directions for taking disciplinary action and payment of compensation for continued failure to manage waste to the detriment of environment and public health.
10. The relevant extracts from the report are reproduced below for ready reference:-
"A. SEWAGE MANAGEMENT Total sewage generated from 7 wards of Srinagar Municipal Corporation forming the catchment of 13 dewatering stations (10 Main and 3 Secondary) on the two sides of Doodhganga Nallah is estimated as 16.36 MLD whereas the untreated sewage falling into Doodhganga Nallah through these dewatering stations is 12.25 MLD. The balance sewage 4.11 MLD gets treated in Septic Tanks/Soakage Pits. It is proposed to construct modular sewage treatment plants for treatment of untreated sewage coming out from these dewatering stations, 1 No. combined STP for 3 dewatering stations of Chhanpora area (4.8 MLD), 6.00 MLD capacity STP under construction at Aloochi Bagh is supposed to cater the untreated sewage (2.30 MLD) of Tengpora Dewatering Station. For remaining 6 No. dewatering stations individual modular STPs of capacities 0.6 MLD, 0.10 MLD, 1.30 MLD, 1.55 MLD, 0.80 MLD, 0.85 MLD are proposed. The estimated cost of these modular STPs works out to Rs. 45.00 Cr. The DPRs are being finalized and will be ready by 31st March 2022. These modular STPs are being proposed for funding under AMRUT-2 and once approved and allotted they will be commissioned in 18 months.
The details of drains are as under: -
1. Chhanpora MPS 1.84 MLD
2. Chhanpora IPS 2.14 MLD
3. AfandiBagh 0.82 MLD
4. Chhanpora Sluice 0.61 MLD
5. Pamposh Colony 1.02 MLD
6. Natipora 1.28 MLD
7. Barzulla 1.53 MLD
8. Bulbul Bagh 0.77 MLD
9. MagreyMohallah 0.84 MLD
10. Tengpora Bye-pass 2.30 MLD TOTAL 12.25 MLD 4 The maximum pollution in Doodhganga occurs in the stretch between Bagh-i-Mehtab and Bemina. This area is part of Zone 1 of Srinagar City (Sewrage Zone) for which a comprehensive sewerage scheme 125.5 MLD has already been proposed for funding through JICA. It is worthwhile mentioning that the DPR of the project has been technically vetted by CPHEEO with a cost of Rs. 964.48 Cr. at 2017 price level. However, the modular STPs are an interim measure and in case the JICA proposal gets through, the entire polluted portion of Doodhganga shall get covered under the project and the modular STPs shall be shifted and relocated for use in rural habitations. The Long term proposal for treatment of sewage flowing into Doodhganga is the JICA DPR mentioned above which is included in the DPR as a part of Zone I. All the actions which are needed to be taken as pointed out by the Committee shall be addressed once the project gets funded. The project is being pursued vigorously for funding under JICA.
B. SOLID WASTE MANAGEMENT Door to Door collection of Solid Waste has been started in all 74 wards of SMC and 529 wards of (40) ULBs, which includes (13) wards of Municipal Council Budgam and (13) wards of MC Chadoora. Photographs of activity at MC Budgam and MC Chadoora are enclosed as Annexure "A".
The MC Budgam and MC Chadoora have taken measures to ensure strict prohibition for illegal dumping of waste on the banks of River Doodh Ganga and Mammath Kull. Special teams have been constituted to keep strict vigil and ensure that no waste is dumped within 500 meters of the banks of water bodies. Copy enclosed as Annexure All municipalities are collecting 100% waste from the households through Door to Door collection. At present, segregation is being done in (32) wards and processing in respect of (9) wards. Once the SWM facilities approved in respect of every MC are established, the segregation of waste as per the provisions of SWM Rules, 2016 would be observed in letter and spirit.
The Municipalities have been asked to identify the bulk generators, existing in their respective towns. The number of rag pickers has been raised from 64 to 137 in last fifteen days.
The municipalities ensuring prohibition of illegal dumping of construction material on roadsides etc. However, usually the demolition waste generated from the constructions is being utilized by the inhabitants for earth filling etc. After the establishment of Solid Waste Management facilities in all towns, the process of composting/ RDF would definitely yield income for the concerned MC's.
Strict vigil is being kept to prevent Illegal constructions/encroachments in all (40) ULBs. The Municipalities are submitting weekly reports on every Saturday countersigned by concerned elected ward member, certifying therein that no encroachment/ illegal construction has taken place in their areas 5 of jurisdiction. Demolition drives are being conducted by the ULBs in case of violations.
Special Sunday drives are being conducted by the Municipal Councils/ Committees, in which huge quantity of waste has been removed from the water bodies. Besides, ULBs have been directed to formulate of DPRs for preservation/ conservation of water bodies of their respective areas. Water body cleanliness drive photographs enclosed Annexure-C. The waste dumped on the banks of Mammath Kull and Doodh Ganga Nallah has been removed by concerned MC's. The MC Budgam has removed around 50 MTs of waste and MC Chadoora has removed 60MTs of waste, which includes bio-degradable as well non bio-degradable waste. Photographs are attached. So far, Legacy waste has been identified in five towns viz. MC Bijbehara, MC Kulgam, MC Shopian, MC Baramulla and MC Pampore for which the contour mapping has been recently completed and process has been started for tendering of the job. The tender document is being prepared by the recently established PMU as per the approved action plan. The ULB-wise details of the contour mapped/ quantified legacy waste in given in the enclosed Annexure "D".
Sites have already been identified for establishment of Solid waste Management facilities in all towns. The details of sites identified in respect of ULBs of District Budgam is given as under:-
S No. Name of MCs Land Available Location 1. Budgam 10 Laqkhipora 2. Beerwah 21 Kanal near Plantation Nursury 3. Chadoora 8 Kanal At Nagam 4. Charishairef 5 Kanal Near village Chrawni 5. Khanshaib 3 Kanal Near Plantation beat 6. Magam 8 Kanal Sehpora
In order to redress the issue of handling/ managing and disposal of waste generated in the towns of Kashmir Division, the State Level Apex Committee in its meeting held on 16/03/202 lunder the chairmanship of Chief Secretary of J&K UT approved decentralised Solid Waste Management Action plan for all 76 Urban Local Bodies of J&K UT. Under the said Action plan, the following decentralised technologies have been approved for implementation:-
i). Bio-methanation process (Bio-gas);
ii). Waste Management Centres for dry waste management;
iii). Aerated pit composting plants; and
iv). Integrated Solid Waste Management.
The overall cost of the project for (40) ULBs of Kashmir Division for establishment of decentralized facilities is Rs. 191.67 Crores. The municipality-wise details of beak-up of type and capacity of facilities are given in the statement enclosed as Annexure "E".
6 The DPR's have been prepared in respect of (20) ULBs and authorization for tendering has been conveyed to (17) ULBs so far. The ULB-wise details status of District Budgam is given as under:-
Date of Approved amount
S. No ULB name
authorization (Rs in lacs)
1 Beerwah 03.11.2021 125.53
2 Budgam 05.11.2021 251.07
3 Chadoora 08.11.2021 107.18
4 Khansahib 08.11.2021 57.03
5 Chararisharief 22.11.2021 107.85
The DPR of the MC Magam is under preparation and tendering has been initiated at, MC Chadoora. The above land parcels are in possession of concerned Municipal Committes/Councils. The Facilities shall be created within a period of 12 months The Budgam and Chadoora towns being the important towns of Central Kashmir and to ensure the restoration and preservation the prestigious water bodies of Doodh Ganga and Mamath Kull, comprehensive Solid Waste Management facilities have been approved for Budgam town at the cost of Rs. 299.47 Lakhs at PallarBudgam with two Waste Management Centers of 5 TPD capacity and for the Chadoora town at Hayatpora at the cost of Rs 124.38 Lakhs consisting of 01 Waste Management Centers of 4 TPD capacity The Waste generation details of two towns viz. Municipal Council Budgam & Municipal Committee Chadoora are as under:-
S.No ULB Name Waste generation Projected waste 2020 generation 2030 (TPD) (TPD)
1. Budgam 9.21 10.88
2. Chadoora 3.05 3.60 As per the approved action plan, an amount of Rs. 31.31 Cores has been earmarked for collection & Transportation vehicles. The Directorate of Urban Local Bodies Kashmir has already placed order for procurement of (107) sanitation vehicles (Hoppers) through State Motor Garages J&K in the first phase and the MC's are likely to receive the first shipment of supplies from 25th January.
For proper and effective implementation of Solid Waste Management Action plan, a dedicated Project Management Unit has already been engaged by the Department and the PMU has started its work and recently two site visits of MC Baramulla/ Sopore have been conducted by the PMU and two meetings have also been taken in the Directorate in respect of the integrated SWM facilities of Anantnag and Baramulla/Sopore towns.
he project envisages multiple activities/ measures for waste management/ disposal viz. Establishment Door to Door collection of Solid Waste for its proper disposal, prohibition of dumping of solid and other waste near the banks of rivers, collection and 7 segregation of waste as per SWM Rules, Compliance of SWM Rules by bulk generators, Recycling of waste, management and disposal of C&D waste, Removal & disposal of legacy waste dumped near river banks, Environmental awareness campaigns and sensitization of the inhabitants to prevent dumping of waste into or near the water bodies.
C. AWARENESS ACTIVITIES Environmental awareness is being created among the communities and people are being educated about the hazards and ill effects associated with the pollution of water bodies. An amount of Rs. 568.12 Lakhs has been released to ULBs for IEC activities and an amount of Rs. 9.50 Lakhs has been provided for installation of Sign boards on the banks of water bodies. Awareness generated through announcements, public interactions and media. Some photographs of Sign Boards are enclosed as Annexure "F". Sustainable awareness campaigns are being organized by all Municipal Councils/ Committees to create awareness among the public particularly in the vicinity of water bodies. The teams have been constituted by the Municipal Councils/ Committees to keep strict vigil to prevent dumping of waste into water bodies/ drains etc. Photographs of some water bodies are enclosed as Annexure "G".
D. REGULATION OF MINING ACTIVITIES Two mineral blocks 11/bud and 12/bud in Doodh Ganga Nallah have been e-auctioned by the District Level Auctioned Committee, Budgam. Presently. the extraction from both the blocks is being carried out in a controlled and scientific manner in accordance with the approved mining plans, environmental clearances and consent to operate issued by PCC. The extraction is limited upto 1 mtr. depth as per the approved mining plan. Checkpoints have been established at the exit of both the mineral blocks where officials have been deployed to monitor the extraction and transportation of minerals.
No illegal extraction is being allowed anywhere in the adjacent areas of nallah. Whenever complaints is received about illegal extraction, prompt action is taken against the same. So far, 27 vehicles/machines found involved in illegal extraction and transportation of minor minerals in the areas were seized and penalty of Rs.3,41,060/- has been realized from offenders. Besides, registration of FIR's against the persons involved in illegal extraction.
Extraction of minor minerals from Mamath Kull has been completely stopped after the only exit point near Mamath Bridge was disrupted. Plantation drives have been conducted by the ULBs and target of 25000 plantation has been fixed by the Department for reducing the pollution and enhancing beautification.
Some photographs of the plantation drives conducted at Uri, Ganderbal & Dooru-Verinag are enclosed as Annexure "H"." 8
11. The report shows that the water quality of Doodh ganga has deteriorated in downstream locations. The relevant extract from the report is reproduced below:
"xxx .......................................xxx ................................xxx
e) Water Quality of the Doodh Ganga River:-
Water quality monitoring of the Doodh Ganga river has been carried out by the JK Pollution Control Committee and the samples have been collected on 15/1112021 at the following Sampling locations:-
1. Sogam, (Up stream of Doodh Ganga)
2. Chadoora (Main town market)
3. Bagh- e- Mehtaab
4. Old Barzulla
5. Tengpora Bridge The water samples of the aforementioned locations were analysed for various Physico-chemical parameters which include some key parameters such as pH, DO, BOD, COD which are critical for ascertaining the present status and water quality of Doodh Ganga. Besides the physio-chemical analysis the samples were also collected by JK Lake conservation and Management Authority (LCMA) for microbiological analysis (Faecal and Total Coliform) Tot.
The water quality analysis data is given in Table-3.
The analysis of samples collected from Doodh Ganga at different locations indicate that water in upstream locations i.e. at Sogam and Chadoora meet the prescribed permissible limit for 'Class B' (Out door Bathing Organised) criteria in terms of analysed physico-chemical parameters, whereas in the lower course of river i.e, at Bagh-e-Mehtaab, at Old Barzulla and Near Tengpora, the water quality does not confirm 'Class B' Criteria for parameters viz Dissolved Oxygen and Biochemical Oxygen demand. Comparatively inferior quality in the lower course of river can be attributed to addition of sewage/domestic waste into the water body.
The observed Total Coliform levels do not meet the prescribed permissible limit for 'Class B' (Out door Bathing Organised) at Baghi-e- Mehtaab and Tengpora." However, Committee does not appear to have collected and analysed the samples for Pesticides.
12. The report of the Additional Secretary has not given the status of Mamath Kull river. Though water quality is said to be meeting primary water quality criteria, the issue of dumping of solid waste on the banks of Mamath Kull remains unaddressed. The relevant extract from the report is reproduced below:
"xxx .......................................xxx ................................xxx 9 A detailed survey of the stretch of Mamath river from Village Mamath to Budgam town has revealed that the main sources of pollution of this stream is due to dumping of solid waste near Mamath Bridge on the bank of the Mamath stream which is approximately 2 km away from the District headquarter Budgam. During the inspection by the joint committee, huge dumps of solid waste which include both biodegradable and non-biodegradable waste was found accumulated (probably the legacy waste) as the site was previously being used by Municipal Council Budgam as dumpsite in unscientific manner. The adverse impact on environment due to un-scientific management of this waste results into:-
• Ground and Surface water pollution due to leachate generation from the dumping site. • Air pollution due to bad odour of the waste • Increase in acidity of soil near the garbage heaps.
xxx .......................................xxx ................................xxx The water samples of the aforementioned locations were analysed for various Physico-chemical parameters which include some key parameters such as pH, DO, BOD, COD which are critical to ascertaining the present status and water quality of Mamath stream.
The analysis of samples collected from Mamath Kul as shown in Table 5. indicate that water quality in upstream and Down stream meets the prescribed permissible limit for 'Class B' (Out door Bathing Organised) criteria in terms of analysed physico-chemical and Microbiological parameters. However, dumps of solid waste were observed along the banks of this river. The concerned Municipal Council Budgam is responsible for dumping solid waste on the periphery of this stream and there is every apprehension that during rains there would be leaching of different pollutants and other obnoxious substances into the stream thus making it unfit for use by the local population dependent on it for their day today use."
8. The Tribunal after analyzing the report of the joint Committee on 08.03.2022 had directed as under:-
"13. In view of above acknowledged failure of the State, we direct the Chief Secretary, J&K to take immediate remedial action to remedy the situation by ensuring clean environment and also taking coercive measures against the erring irresponsible officers, acting in contempt of directions of the Hon'ble Supreme Court and this Tribunal and causing detriment to the environment and public health. We need not comment upon the measures suggested in the report as the Tribunal is concerned with enforcement of obligation of the State to provide clean environment. It is for the State Authorities to decide as to which measures are appropriate so as to prevent pollution of the river and prevent other violations of environmental norms and what is the source of funding.10
14. We find that neither the dumping of solid waste nor discharge of untreated sewage has been prevented nor illegal mining stopped and nor legacy waste cleared for which statutory timelines have already expired. The State is accordingly held liable to pay interim compensation of Rs. One crore each under all the three heads which may be deposited in a separate account to be utilized for restoration of environment. The amount may be deposited with the District Magistrate, Budgam and spent as per plan approved by the Chief Secretary, consistent with the District Action Plan of the concerned area. It will be open to the State to recover the amount from the polluters/erring officers in accordance with law. For illegal mining, the loss caused to the State in the form of value of minerals as well as the loss caused to the environment for undertaking such activity without requisite clearances needs to be recovered by the State PCB in light of judgment of the Hon'ble Supreme Court inter-alia in Goa Foundation v Union of India & Ors. (2014) 6 SCC 590 and Common Cause Vs. UOI & Ors., (2017) 9 SCC 499. It is also open to the State PCB to initiate prosecution against the violators."
9. The Tribunal on 14.10.2022 had examined the issue and had found serious lapses on the part of the Administration in Waste Management and failure to control the illegal mining which had resulted into damage to environment and public health. The Tribunal had also noted the nature and extent of violation as under:-
"12. From the above, it is seen that there are serious lapses on the part of the Administration in waste management and in failing to control illegal mining which has resulted in huge damage to the environment and public health. Remedial action is inadequate on the ground. The same is more in the nature of future promises without much accountability for the past failures. While there is no objection to future remedial action which must be taken, accountability has to be fixed for past violations on polluter pays principle as laid down in Vellore Citizens case, (1996) 5 SCC 647 and under section 20 read with section 15 of the NGT Act.
13. l16.23 MLD of untreated sewage is being discharged into the Doodh Ganga drain. About 90 MTs of legacy waste has been removed from the banks of Doodh Ganga using men and machinery of Municipal Committee Chadoora which remained unprocessed. Thus, there is violation of SWM Rules, 2016 which lay down timelines for taking steps which have already expired without such steps having been taken. Further, there is violation of judgment of Hon'ble Supreme Court in Paryavaran Suraksha Samiti Vs. Union of India, supra, requiring steps for setting up of necessary STPs within timeline mentioned therein which have expired. Huge damage has been caused by illegal mining but beyond stopping illegal mining and recovering small amount, compensation commensurate with the damage already caused has not been recovered. We refer to earlier order dated 08.03.2022 on the subject which is as follows:-11
"14.xxx........For illegal mining, the loss caused to the State in the form of value of minerals as well as the loss caused to the environment for undertaking such activity without requisite clearances needs to be recovered by the State PCB in light of judgment of the Hon'ble Supreme Court inter-alia in Goa Foundation v Union of India & Ors. (2014) 6 SCC 590 and Common Cause Vs. UOI & Ors., (2017) 9 SCC 499. It is also open to the State PCB to initiate prosecution against the violators."
14. There is nothing to show that compensation recovered covers the cost of restoration with deterrent element having regard to the value of illegal mining. The State PCB in coordination with the concerned Departments may take further action in this regard failing which the State itself will be liable to pay compensation for failing to perform its duties.
15. The above discussion shows that there still exist huge gaps in management of solid and liquid waste even after 8 years of monitoring by this Tribunal after order of Hon'ble Supreme Court on 2.9.2014 in Almitra Patel, supra and more than 5 years after order of Hon'ble Supreme Court dated 22.2.2107 in Paryavaran Suraksha."
10. The Tribunal had also stated about need to consider change in approach for Administrative processes and need to explore implementation mechanism. The Tribunal had found the lapses in Solid Waste Management on 14.10.2022 to the following effect:-
"20. Dump sites in operation as well as the legacy waste dump sites occupy huge area of valuable public lands. They remain source of air, water and land pollution resulting in damage to environment and public health. They emit intolerable smell and cause hazardous and unsafe environment for inhabitants in the vicinity. Their life is hell which is denial of their constitutional and human rights. In terms of money also, huge loss is caused to public health and environment. This situation is not acceptable in a civilized society governed by rule of law. For victims of situation, there is no governance.
21. While addressing the issue on bridging the gap in management of MSW, segregation of the solid waste at source and its earliest processing nearest to the point of generation with defined destination is imperative. In particular, adequate compositing/vermicomposting/bio-methanation centers need to be set up and upgraded nearest to the source of generation of wet solid waste, listing people's involvement. This may also require de- centralized waste processing facilities. Waste generators can themselves be required to process the waste under guidance and handholding by the Administration, with the assistance of identified empaneled service providers and such details may be posted on State's/Center's GeM portal. This may perhaps reduce planned expenditure. Option of waste energy projects for bigger cities or at regional/cluster level needs consideration.12
22. Execution plan would include setting up of requisite waste processing plants (centralized and decentralized) and remediation of left out legacy waste dump sites. Bio-remediation/bio-mining process need to be executed as per CPCB guidelines and the stabilized organic waste from biomining as well as from compost plants need to comply with laid down specifications. Other material recovered during such processes are to be put to use through authorized dealers/handlers/users. Instead of creating more dumping sites for only dumping of waste generated on day-to-day basis unless, waste processing plants of adequate capacity should be set up so that no further legacy waste is generated.
Fencing and maintaining legacy waste sites
23. Legacy waste sites must be maintained free from fires and safety of workers engaged should be ensured. Such sites may be fenced with row of trees or wall, as may be viable, for aesthetics, preventing foul smell and safety. Provisions of Schedule-I of the SWM Rules, 2016 may be strictly followed. Water quality in the vicinity of legacy waste dump sites may be periodically monitored. If any contamination is found, remedial action may be taken. Environmental safety aspects associated with legacy waste dump sites be complied with as specified in Schedule I of MSW Rules, 2016."
11. On 14.10.2022, the Tribunal had also reflected upon the issue of restoration measures with respect to Sewage Management, Utilization of already set up STPs and Sewage Management, Community involvement and State's Liability. Considering the extent of violation, the Tribunal in the order dated 14.10.2022 had fixed the compensation for discharge of untreated sewage and failure to process solid waste as under:-
"37. Following the recent orders on the subject1, we fix compensation for discharge of untreated sewage in the drain at Rs.32 crore and for failure to process solid waste at Rs.3 crore. We had earlier levied interim compensation of Rs. 3 Crores which may be adjusted. Remaining of Rs. 32 Crores be deposited by the State in a ring-fenced account to be operated as per directions of the Chief 1
(i) Order dated 25.07.2022 in OA No. 286/2022, In re: News item published in The Indian Express dated 20th April, 2022, titled "7 Charred to death in fire near Ludhiana dumpsite"
(ii) Order dated 23.09.2022 in OA No. 172/2021, Poonam Yadav vs. M/s. Eco-green Energy Pvt. Ltd. & Ors.
(iii) Order dated 03.08.2022 in OA No. 1002/2018, Abhisht Kusum Gupta vs. State of Uttar Pradesh & Ors.
(iv) Order dated 11.10.2022, OA No. 300/2022, In re: News item published in News 18 dated 26.04.2022 titled "Delhi: Massive Fire at Bhalswa Dump Yard, Fourth This Year; 13 Fire Tenders on Spot"
(v) Order dated 13.10.2022, OA No. 606/2018 Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues (in respect of State of Karnataka).13
Secretary for restoration of the Environment which will include preventing discharge of sewage in unscientific manner in drains or otherwise and improving the water quality of the drain. Part of the amount may be utilized for restoration of legacy waste dump site and for remediation of the leftover legacy waste."
12. Thus, a compensation of Rs. 32 crores for discharge of untreated sewage in the drain and Rs. 3 crores for failure to process solid waste was imposed, which was to be deposited in ring-fenced account and utilized for restoration of environment.
13. Thereafter, the Tribunal on 30.05.2023 had examined the progress made in this regard and had expressed dissatisfaction in the manner in which the J&K Government had proceeded in the matter by observing as under:-
"21. We are really dissatisfied with the manner in which J&K Government has proceeded in this matter. Despite repeated opportunities granted, in the last almost more than two years, substantive progress has not been shown in the matter. It is not in dispute that both the rivers are still polluted and no effective steps have been taken either for mitigating or removing the pollution or for preventing the illegal mining in the river bed and flood plain zones of the said rivers."
14. The report in compliance of order dated 23.11.2023 was filed, therefore the Tribunal by order dated 07.02.2024 had directed the State Authorities to place on record the action plan as also the time bound manner in which the work disclosed in the report filed in compliance of the order dated 23.11.2023 would be completed. The Additional Secretary, Government of Housing and Urban Development Department had filed the report on 14.01.2022 showing the position of sewage management as under:-
"A. SEWAGE MANAGEMENT Total sewage generated from 7 wards of Srinagar Municipal Corporation forming the catchment of 13 dewatering stations (10 Main and 3 Secondary) on the two sides of Doodhganga Nallah is estimated as 16.36 MLD whereas the untreated sewage falling into Doodhganga Nallah through these dewatering stations is 12.25 14 MLD. The balance sewage 4.11 MLD gets treated in Septic Tanks/Soakage Pits. It is proposed to construct modular sewage treatment plants for treatment of untreated sewage coming out from these dewatering stations, 1 No. combined STP for 3 dewatering stations of Chhanpora area (4.8 MLD), 6.00 MLD capacity STP under construction at Aloochi Bagh is supposed to cater the untreated sewage (2.30 MLD) of Tengpora Dewatering Station. For remaining 6 No. dewatering stations individual modular STPs of capacities 0.6 MLD, 0.10 MLD, 1.30 MLD, 1.55 MLD, 0.80 MLD, 0.85 MLD are proposed. The estimated cost of these modular STPs works out to Rs. 45.00 Cr. The DPRs are being finalized and will be ready by 31st March 2022. These modular STPs are being proposed for funding under AMRUT-2 and once approved and allotted they will be commissioned in 18 months.
The details of drains are as under: -
11. Chhanpora MPS 1.84 MLD
12. Chhanpora IPS 2.14 MLD
13. AfandiBagh 0.82 MLD
14. Chhanpora Sluice 0.61 MLD
15. Pamposh Colony 1.02 MLD
16. Natipora 1.28 MLD
17. Barzulla 1.53 MLD
18. Bulbul Bagh 0.77 MLD
19. MagreyMohallah 0.84 MLD
20. Tengpora Bye-pass 2.30 MLD TOTAL 12.25 MLD The maximum pollution in Doodhganga occurs in the stretch between Bagh-i-Mehtab and Bemina. This area is part of Zone 1 of Srinagar City (Sewrage Zone) for which a comprehensive sewerage scheme 125.5 MLD has already been proposed for funding through JICA. It is worthwhile mentioning that the DPR of the project has been technically vetted by CPHEEO with a cost of Rs. 964.48 Cr. at 2017 price level. However, the modular STPs are an interim measure and in case the JICA proposal gets through, the entire polluted portion of Doodhganga shall get covered under the project and the modular STPs shall be shifted and relocated for use in rural habitations. The Long term proposal for treatment of sewage flowing into Doodhganga is the JICA DPR mentioned above which is included in the DPR as a part of Zone I. All the actions which are needed to be taken as pointed out by the Committee shall be addressed once the project gets funded. The project is being pursued vigorously for funding under JICA."
15. The above report was duly considered by the Tribunal in the order dated 07.02.2024. When the matter was considered by the Tribunal on 03.04.2024, the Tribunal had found that there was no serious efforts by the local bodies to remediate the situation by observing as under:- 15
"11. The above sequence of events clearly revealed that though substantial time has lapsed after passing of initial order by the Tribunal and bringing it to the notice of local authorities, the gravity of the situation, yet no serious efforts have been made by the local bodies i.e. Municipal Corporation of Srinagar, Municipal Committee Budgam and Municipal Committee Chadoora. We also find that inspite of repeated direction, no positive efforts are being made by these local bodies.
12. Hence, the only option left is to impose Environmental Compensation (EC) on the violators for continuous violation of environmental norms. Thus, the matter is adjourned to the next date giving opportunity to Respondents No. 6, 7 and 8 to argue on the issue of imposition of EC on the next date of hearing. They may file their response in this regard at least one week before the next date of hearing."
16. After the aforesaid order, the report dated 08.07.2024 has been filed by the J&K PCC and the compliance report on behalf of UT of J&K dated 09.07.2024 and submissions on behalf of the applicant even dated have been filed.
17. We have heard learned Counsel for the applicant and respondent as also Ms. Palak Mittal & Mr. G.M. Kawoosa, Advs. for Housing & Urban Dev. Dept., Mr. Balendu Shekhar & Ms. Tanisha Samanta, Advs. for MoEF & CC (Through VC), Ms. Mathora Masoom, Director, Urban Local Bodies (Through VC), Mr. Ghansham Singh, Member Secretary, J&K PCC (Through VC), Mr. Harikishan, Technical Officer (Through VC) and Mr. Tabish Beigh, Technical Ceel drainage, SMC (Through VC), official present on behalf of the respondents.
18. Submission of learned Counsel for the applicant is that the direction issued by the Hon'ble Supreme Court in the matter of Paryavaran Suraksha Samiti (Supra) have not been complied with and the untreated sewage is still being discharged from the Municipal Committee, Budgam and Chadoora and Municipal Corporation, Srinagar and solid waste is being mismanaged and dumped at the river site, therefore, environment compensation is required to be levied in terms of 16 the order of the NGT dated 28.08.2019 passed in OA No. 593/2017 (arising from WP (Civil) No. 375/2012 on the file of the Hon'ble Supreme Court) in the matter of Paryavaran Suraksha Samiti & Anr. Vs. Union of India & Ors. He has further submitted that the timeline given by the Hon'ble Supreme Court for construction of STPs is over yet the STPs have not been set up, the therefore, the Member Secretary, J&K PCC is personally responsible for the same and if the local bodies do not deposit the compensation, then the UT of J&K is required to deposit the same and civil and criminal action is required to the taken against the defaulting bodies/persons. He has further submitted that a show cause notice issued by J&K PCC for mismanagement of solid waste is defective and will not have any effective result.
19. Learned Counsel for respondent no. 11 and the respondent officials present virtually have made their submissions on the above issues.
20. We have heard the arguments at length.
21. Hon'ble Supreme Court in the matter of Paryavaran Suraksha Samiti (Supra) had considered the issue of setting up of the Common Effluent Treatment Plant and had provided the time limit of three years for the same. In the judgment, it was made clear that the directions issued for the CETP are also applicable to STP. The Hon'ble Supreme Court had provided that setting up of functional CETP/STP within the timeline expressed in the order will be the responsibility of the Member Secretary of the concerned PCB and that the Secretary of the Department of Environment of the State Government and the Union Territory concerned will be answerable in case of default. The Hon'ble Supreme Court also directed the concerned PCBs to initiate such civil and criminal action as may be permissible in law against all or any of the defaulters. 17 The direction of the Hon'ble Supreme Court contained in the judgment of Paryavaran Suraksha Samiti (Supra) is as under:-
"8. In view of the fact that the financial position has been taken care of, as has been expressed above, we are of the view, that the setting up of "common effluent treatment plants", should be taken up as an urgent mission. 'With reference to common effluent treatment plants, which are already under implementation, we hope and expect that they would be completed within the timelines already postulated. With reference to common effluent treatment plants, which are yet to be set up, we consider it just and appropriate to direct the State Governments concerned (including the Union Territories concerned) to complete the same within a period of three years, from today. We are also of the view that while acquiring land for the "common effluent treatment plants", the State Governments concerned (including the Union Territories concerned) a Will acquire such additional land, as may be required for setting up "zero liquid discharge plants", if and when required in the future.
9. xxx.................xxx.................................xxx
10. Given the responsibility vested in municipalities under Article 243-W of the Constitution, as also, in Item 6 of Schedule XII, wherein the aforesaid obligation, pointedly extends to "public health, sanitation conservancy and solid waste management", we are of the view that the onus to operate the existing common effluent treatment plants, rests on municipalities (and/or local bodies). Given the aforesaid responsibility, the municipalities (and/or local bodies) concerned, cannot be permitted to shy away from discharging this onerous duty. In case there are further financial constraints, the remedy lies in Articles 243-X and 243-Y of the Constitution. It will be open to the municipalities (and/or local bodies) concerned, to evolve norms to recover funds, for the purpose of generating finances to install and run all the "common effluent treatment plants", within the purview of the provisions referred to hereinabove. Needless to mention that such norms as may be evolved for generating financial resources, may include all or any of the commercial, industrial and domestic beneficiaries, of the facility. The process of evolving the above norms, shall be supervised by the State Government (Union Territory) concerned, through the Secretaries, Urban Development and Local Bodies, respectively (depending on the location of the respective common effluent treatment plant). The norms for generating funds for setting up and/or operating the "common effluent treatment plant" shall be finalised, on or before 31-3-2017, so as to be implemented with effect from the next financial year. In case, such norms are not in place, before the commencement of the next financial year, the State Governments (or the Union Territories) concerned, shall cater to the financial requirements, of running the "common effluent 18 treatment plants", which are presently dysfunctional, from their own financial resources.
11. xxx.................xxx.................................xxx
12. We are of the view that in the manner suggested above, the malady of sewer treatment, should also be dealt with simultaneously. We, therefore, hereby direct that "sewage treatment plants" shall also be set up and made functional, within the timelines and the format, expressed hereinabove.
13. xxx.................xxx.................................xxx
14. To supervise complaints of non-implementation of the instant directions, the Benches concerned of the National Green Tribunal, will maintain running and numbered case files, by dividing the jurisdictional area into units. The abovementioned case files will be listed periodically. The Pollution Control Board concerned is also hereby directed to initiate such civil or criminal action, as may be permissible in law, against all or any of the defaulters.
15. Liberty is granted to private individuals and organisations, to approach the Bench concerned of the jurisdictional National Green Tribunal, for appropriate orders, by pointing out deficiencies, in implementation of the above directions.
16. It however needs to be clarified that the instant directions and timelines shall not in any way dilute any timelines and directions issued by courts or Benches of the National Green Tribunal, hitherto before, wherein the postulated timelines would expire before the ones expressed through the directions recorded above. It is clarified that the timelines expressed hereinabove will be relevant, only in situations where there are no prevalent timeline(s), and also, where a longer period has been provided for."
22. The above judgment was delivered by Hon'ble Supreme Court on 22.02.2017, therefore, the timeline of three years fixed by the judgment expired on 21.02.2020. At this stage, we are examining if the direction issued by the Hon'ble Supreme Court in the above judgment have been complied with.
23. On the query put by us during the course of arguments, Shri Harikishan, Technical Officer, presently virtually has informed that so far as the Municipal Council, Budgam is concerned, 1.62 MLD sewage is generated per day within the Municipal Council and presently, there is no 19 facility existing in the Municipal Council, Budgam to treat that sewage. Meaning thereby, entire untreated sewage is going to the river as no STP exist in the Municipal Council, Budgam. The report filed on 09.07.2024 is silent about it. It only states that a project report has been prepared for establishment of Fecal Sewage Treatment Plant (FSTP) with the capacity of 05 KLD for Budgam and Sewage Treatment Plant (STP) with the capacity of 1.66 MLD for Budgam.
24. So far as, MC, Chadoora is concerned, the report dated 09.07.2024 is silent about the daily generation of sewage and the existing treatment facility. Shri Harikishan, Technical Officer has informed that within MC, Chadoora, 4.30 MLD of sewage is generated per day and presently, no STP exist. Meaning thereby, entire untreated sewage is either flowing to the river or getting collected somewhere causing enormous pollution. We have been informed that a 6 MLD STP is proposed in MC, Chadoora but no timeline for setting it up has been disclosed.
25. In respect of Municipal Corporation, Srinagar, Shri Harikishan, Technical Officer informed that within Srinagar Municipal Corporation, 163.546 MLD sewage is generated daily. He has given the details of following STPs which are treating the said sewage:-
i. STP Brarinambal Old, Munawarabad, 17.08 MLD capacity and 100% capacity utilization.
ii. STP Rajbagh, 2.21 MLD capacity and 100% capacity utilization.
iii. STP Alluchi Bagh, 6.0 MLD capacity and 100% capacity utilization.
iv. STP Hazratbad, 7.5 MLD capacity
v. STP Habak, 3.2 MLD
vi. STP Nrainambal New, 16.10 MLD capacity and capacity utilization
(13.1 MLD).
20
vii. STP Nalla Aamir Khan, 5.40 MLD capacity and 4.00 MLD capacity
utilization.
26. Thus, even in respect of Municipal Corporation, Srinagar as compared to the Daily Generated Sewage of 163.546 MLD, the treatment is roughly about 60 MLD. Hence, a huge quantity of untreated sewage is flowing in the river. We also find that performance of existing STPs have not been disclosed and water quality of Mamath Kull and Doodh Ganga has also not been disclosed with respect to prescribed standards.
27. So far as the Solid Waste Management is concerned, details of waste generation in ULB Budgam and Chadoora are disclosed in the report dated 12.01.2022 as under:-
S.No. ULB Name Waste Generation Projected waste 2020 (TPD) generation 2030 (TPD)
1. Budgam 9.21 10.88
2. Chadoora 3.05 3.60
28. In the report dated 24.06.2022 filed by the Housing and Urban Development Department of J&K, following proposed action was indicated:-
"v). That the Srinagar Municipal Corporation and Urban Local Bodies are responsible for management of Solid Waste alongside the bank of river Doodh Ganga and Mamath Kull within their jurisdictions.
vi). That in order to redress the issue of handling/ managing and disposal of waste generated in all the 78 Urban Local Bodies, of UT of J&K, the State Level Apex Committee in its meeting held on 16-03-2021 and 30-07-2021 under the chairmanship of Chief Secretary of J&K UT approved the Capex under decentralised Solid Waste Management Action Plan for an amount of Rs. 648.00 Cr.
vii). That the overall cost of the project for (40) ULBs of Kashmir Division for establishment of decentralized facilities is Rs.
191.67 Crores. The Budgam and Chadoora towns being the important towns of Central Kashmir and to ensure the restoration and preservation of the prestigious water bodies of Doodh Ganga and Mamath Kull, comprehensive Solid Waste Management facilities have been approved for Budgam town 21 at the cost of Rs. 299.47 Lakhs at Pallar Budgam with two Waste Management Centers of 5 TPD capacity and for Chadoora town at Hayatpora at the cost of Rs 124.38 Lakhs consisting of 01 Waste Management Center of 4 TPD capacity. The work on the project has been started by way of construction of Waste Management Centre at the site."
29. Submission of the Counsel for the applicant is that nothing has been done at the ground level in pursuance to the above report. In support of his submission, he has placed reliance upon the photographs filed as Annexure-A4 (Page 526 to Page 531) along with the submission dated 09.07.2024 and has submitted that the Solid Waste is still lying dumped on the bank of the river in Srinagar, Badgam and Chadoora.
30. The above sequence of events clearly reflect that there is a serious lapse and failure on the part of the local bodies at Srinagar, Chadoora and Badgam in adhering to the timeline fixed by the Hon'ble Supreme Court in the matter of Paryavaran Suraksha Samiti (Supra) in setting up the STPs. In case of non-compliance of the directions of the Hon'ble Supreme Court in this regard, action as contemplated in the judgment of the Hon'ble Supreme Court was required to be taken by the Member Secretary, State PCB against the defaulting bodies but no such action has been placed on record. Hence, we find clear non-compliance of the direction of the Hon'ble Supreme Court.
31. The Tribunal in O.A. No. 593/2017, Parayavarn Suraksha Samiti & Anr. Vs. Union of India & Ors. In the order dated 28.08.2019, had laid down the norms for levying minimum and maximum EC's in case of failure of preventing discharge in water bodies and failure to implement Waste Management Rules as under:-
"III. Environmental Compensation to be levied in case of failure of preventing the pollutants being discharged in water bodies and failure to implement waste management rules:22
Table No. 3.3: Minimum and Maximum EC to be levied for untreated/partially treated sewage discharge Class of the City/Town Mega-City Million-plus Class-I City City/Town and others Minimum and Maximum Min. 2000 Min. 1000 Min. 100 values of EC (Total Capital Cost Component) Max. 20000 Max. 10000 Max. 1000 recommended by the Committee (Lacs Rs.) Minimum and Maximum Min. 2 Min. 1 Min. 0.5 values of EC (O&M Cost Component) Max. 20 Max. 10 Max. 5 recommended by the Committee (Lacs Rs./day) "
32. In respect of minimum and maximum EC to be levied for improper Municipal Solid Waste Management, the Tribunal in the above judgment has provided as under:-
Table No. 3.4: Minimum and Maximum EC to be levied for improper municipal solid waste management Class of the City/Town Mega-City Million-plus Class-I City/Town City and others Minimum and Maximum Min. 1000 Min. 500 Min. 100 values of EC (Capital Max. 10000 Max. 5000 Max. 1000 Cost Component) recommended by the Committee (Lacs Rs.) Minimum and Maximum Min. 1.0 Min. 0.5 Min. 0.1 values of EC (O&M Max. 10.0 Max. 5.0 Max. 1.0 Cost Component) recommended by the Committee (Lacs Rs./day) "
33. The formula for levy of EC for discharge of treated/partially treated Committee (Lacs Rs.) sewage by concerned individual/authority was provided as under:-
"3.3 Environment Compensation for Discharge of Untreated/Partially Treated Sewage by Concerned Individual/ Authority:23
BIS 15-1172:1993 suggests that for communities with population above 100,000, minimum of 150 to 200 lpcd of water demand is to be supplied. Further, 85% of return rate (CPHEEO Manual on Sewerage and Sewage Treatment Systems, 2013}, may be considered for calculation of total sewage generation in a city. CPCB Report on "Performance evaluation of sewage treatment plants under NRCD, 2013", describes that the capital cost for 1 MLD STP ranges from 0.63 Cr. to 3 Cr. and O&M cost is around Rs. 30,000 per month. After detail deliberations, the Committee suggested to assume capital cost for STPs as Rs. 1.75 Cr/MLD (marginal average cost). Further, expected cost for conveyance system is assumed as Rs. 5.55 Cr./MLD (marginal average cost) and annual O&M cost as 10% of the combined capital cost. Population of the city may be taken as per the latest Census of India. Based on these assumptions, Environmental Compensation to be levied on concerned ULB may be calculated with the following formula:
EC= Capital Cost Factor x [Marginal Average Capital Cost for Treatment Facility x (Total Generation-Installed Capacity) + Marginal Average Capital Cost for Conveyance Facility x (Total Generation -Operational Capacity)]+ O&M Cost Factor x Marginal Average O&M Cost x (Total Generation- Operational Capacity) x No. of Days for which facility was not available + Environmental Externality x No. of Days for which facility was not available Alternatively;
EC (Lacs Rs.)= [17.S{Total Sewage Generation - Installed Treatment Capacity)+ 55.S{Total Sewage Generation-Operational Capacity)] + 0.2(Sewage Generation-Operational Capacity) x N + Marginal Cost of Environmental Externality x (Total Sewage Generation-Operational Capacity) X N Where; N= Number of days from the date of direction of CPCB/SPCB/PCC till the required capacity systems are provided by the concerned authority Quantity of Sewage is in MLD Table No. 3.5: Sample calculation for EC to be levied for discharge of untreated/partial treated Sewage City Delhi Agra Gurugram Ambala 17,60,285 Population (2011) 1,63,49,831 8,76,969 5,00,774 24 Class Mega-City Million-plus Class-I Town Class-I City Town Sewage Generation (MLD) (as 4195 381 486 37 per the latest data available with CPCB) Installed Treatment 2500 220 404 45.5 Capacity (MLD) (as per the latest data available with CPCB) Operational Capacity (MLD) 1900 140 300 24.5 (as per the latest data available with CPCB) Treatment Capacity Gap 2295 241 186 12.5 (MID) Calculated EC (capital cost 29662.50 2817.50 1435.00 0.00 component for STPs) in Lacs Rs.
Calculated EC (capital cost 127372.50 13375.50 10323.00 693.75 component for Conveyance System) in Lacs. Rs.
Calculated EC (Total capital 157035.00 16193.00 11758.00 693.75 cost component) in Lacs Rs.
Minimum and Maximum Min. 2000 Min. 1000 Min. 100 Min. 100 values of Max. 20000 Max. 10000 Max. 1000 Max. 1000 EC (Total Capital Cost Component) recommended by the Committee (Lacs Rs.) Final EC (Total Capital Cost 20000.00 10000.00 1000.00 693.75 Component) in Lacs Rs.
Calculated EC (O&M 459.00 48.20 37.20 2.50
Component in
Lacs Rs./day
Minimum and Maximum Min. 2 Min. 1 Min. 0.5 Min. 0.5
values of Max. 20 Max. 10 Max. 5 Max. 5
EC (O&M Cost Component)
recommended by the
Committee
(Lacs Rs./day)
Final EC (O&M Component) 20.00 10.00 5.00 2.50
in Lacs.
Rs./Day
Calculated Environmental 2.0655 0.2049 0.1395 0.0094
Externality (Lacs Rs .Per
Day)
25
Minimum and Maximum Min. 0.60 Min. 0.25 Min. 0.05 Min. 0.05
value of Max. 0.80 Max. 0.35 Max. 0.10 Max. 0.10
Environmental Externality
recommended by the
Committee
(Lacs Rs. Per Day)
Final Environmental 0.80 0.25 0.10 0.05
Externality
(Lacs Rs. Per day)
3.4 Environment Compensation to be Levied on Concerned Individual/Authority for Improper Solid Waste Management:
Environmental Compensation to be levied on concerned ULB may be calculated with the following formula:
EC = Capital Cost Factor x Marginal Average Cost for Waste Management x (Per day waste generation-Per day waste disposed as per the Rules) + O&M Cost Factor x Marginal Average O&M Cost x (Per day waste generation-Per day waste disposed as per the Rules) x Number of days violation took place + Environmental Externality x N Where;
Waste Quantity in tons per day (TPD) N= Number of days from the date of direction of CPCB/SPCB/PCC till the required capacity systems are provided by the concerned authority Simplifying;
EC (Lacs Rs.) = 2.4(Waste Generation - Waste Disposed as per the Rules) +0.02 (Waste Generation Waste Disposed as per the Rules) x N + Marginal Cost of Environmental Externality x (Waste Generation - Waste Disposed as per the Rules) x N Table No. 3.6: Sample calculation for EC to be levied for improper management of Municipal Solid Waste City Delhi Agra Gurugram Ambala Population 1,63,49,831 17,60,285 8,76,969 5,00,774 (2011) Class Mega-City Million-plus Class-I Town Class-I City Town Waste Generation (kg. per 0.6 0.5 0.4 0.4 person per day) Waste Generation 9809.90 880.14 350.79 200.31 (TPD) 26 Waste Disposal as per 2452.47 220.04 87.70 50.08 Rules (TPD) (assumed as 25% of waste generation for sample calculation) Waste Management 7357.42 660.11 263.09 150.23 Capacity Gap (TPD) Calculated EC (capital 17657.82 1584.26 631.42 360.56 cost component) in Lacs. Rs.
Minimum and Maximum Min. 1000 Min. 500 Min. 100 Min. 100 values of EC Max. 10000 Max. 5000 Max. 1000 Max. 1000 (Capital Cost Component) recommended by the Committee (Lacs Rs.) Final EC (capital cost 10000.00 1584.26 631.42 360.56 component) in Lacs. Rs.
Calculated EC (O&M 147.15 13.20 5.26 3.00
Component) in Lacs.
Rs./Day
Minimum and Maximum Min. 1.0 Min. 0.5 Min. 0.1 Min. 0.1
values of EC (O&M Max. 10.0 Max. 5.0 Max. 1.0 Max. 1.0
Cost Component)
recommended by the
Committee (Lacs Rs./Day)
Final EC (O&M
Component) in Lacs. 10.00 5.00 1.00 1.00
Rs./Day
Calculated Environmental 2.58 0.18 0.03 0.02
Externality (Lacs
Rs. Per Day)
Minimum and Maximum Max. 0.80 Min. 0.25 Min. 0.01 Min. 0.01
value of Max. 0.35 Max. 0.05 Max. 0.05
Environmental Externality
recommended by
the Committee (Lacs Rs. per
day)
Final Environmental 0.80 0.25 0.03 0.02
Externality (Lacs Rs. per
day)
"
34. Hence, EC is required to be levied and recovered from the defaulting Urban Local Bodies by applying the above formula. The Member Secretary, J&K PCC present virtually has submitted that he will now duly look into the issue of compliance of the directions of the Hon'ble Supreme Court as also by the Tribunal. He has stated that within 15 days, due action as contemplated in the order the Hon'ble Supreme Court 27 and the NGT will be taken. Needless to mention at this stage that by the order of the Hon'ble Supreme Court, the Member Secretary, State PCB has been made responsible and Secretary, Department of Environment of the State Government/Union Territory concerned is answerable in case of default.
35. Hence, we require the Member Secretary, J&K PCC and the Secretary, Department of Environment, UT of J&K to comply with the order of the Hon'ble Supreme Court within three months and file compliance affidavit immediately on expiry of three months. Member Secretary, J&K PCC will take appropriate action for imposition and recovery of EC keeping in view the observation made in this order by duly following the principles of 'Natural Justice' within three months and submit action taken report before the next date of hearing.
36. We also take note of the fact that the show cause notices dated 29.06.2024 filed as Annexure A and B along with the report of the J&K PCC dated 08.07.2024 has been issued by the J&K PCC to the Municipal Council, Budgam and Chadoora proposing to levy EC of Rs. 372.1761 lakhs and Rs. 141.43 lakhs for illegal dumping of Municipal Solid Waste but these show cause notices neither reflect the period of violation nor the quantity of solid waste for which the show cause notices have been issued. The Member secretary, J&K PCC is expected to issue show cause notice with all the requisite details and particulars so that at the end, the entire exercise may not be vitiated for technical lapse, resulting in benefit to the defaulting body.
37. List on 24.10.2024.
Prakash Shrivastava, CP 28 Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 10, 2024 Original Application No. 241/2021 SN 29