National Green Tribunal
Manoj Kumar Ray vs State Of Uttar Pradesh on 19 March, 2024
Item No. 09 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 370/2021
Manoj Kumar Ray Applicant
Versus
State of Uttar Pradesh Respondent
Date of hearing: 19.03.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: None Present
Respondent: Mr. Bhanwar Pal Singh Jadon, Adv. for the State of UP
Dr. Vijendra Mahndiyan (Through VC) & Mr. Abhinav Rathi, Advs.
Mr. Pradeep Misra & Mr. Daleep Dhyani, Advs. for UPPCB (Through VC)
Mr. Atif Suhrawardy, Adv. for CPCB (Through VC)
ORDER
1. This Original Application (hereinafter referred to as "OA") raises the issue of discharge of sewage and solid waste into Katahal drain connected to river Ganga in District Balia, Uttar Pradesh.
2. Tribunal, in the proceedings dated 13.09.2023, had taken note of the statement of Mr. Amrit Abhijat, Principal Secretary, State of Uttar Pradesh that land was already acquired; tender was floated for construction of Sewage Treatment Plant (hereinafter referred to as "STP");
construction would to start from 15.11.2023 and also that though timeline for construction of STP was 18 months but, he will personally ensure that construction is completed much before that.
3. Principal Secretary filed a response accompanied by affidavit disclosing the timeline for sewage management which was considered by Tribunal on 03.10.2023. However, Tribunal also observed in para 3 that 1 recommendations made in the report dated 22.07.2022 in OA No. 370/2021 shall also be acted upon and an action taken report shall be filed.
4. The action taken report was considered by Tribunal on 20.12.2023 and it found that the report is vague and does give entire picture on all aspects which were required to be complied with by respondents under order dated 03.10.2023. Making serious observations against the respondents and the manner in which it has acted upon in this matter, Tribunal, subject to payment of cost of Rs. 10,000/-, on the request of learned Counsel for State, granted him 10 days' time to submit a better report.
5. We also directed respondents to give details with regard to handling and treatment of daily generated solid waste and if the same is not properly being handled, give the details of person responsible for such failure so that action for prosecution be taken against such person.
6. Entire earlier order has not been complied with at all within time prescribed, inasmuch a further report dated 31.01.2024 has been filed but cost of Rs. 10,000/- has not been deposited till date and the information required has not been furnished.
7. From report dated 31.01.2024, we find that still it does not give details of effective steps taken for compliance of environmental laws and norms. The report is vague. For ready reference, we may reproduce relevant extract of the report as under:
"3. That It is humbly submitted that direction/compliance with regard to the Construction of Sewage Treatment Plant and other sewage work is provided hereunder:-
Directions Compliance/Timeline Order dated 20.12.2023 Para No. 03 2 Principal Secretary filed a response accompanied by affidavit disclosing the timeline for sewage management which was considered by Tribunal on 03.10.2023. However, Tribunal also observed in para 3 that The work of rehabilitation of recommendations made in the existing sewer line/cleaning is report dated 22.07.2022 in OA in progress and around 3 kms No. 370/2021 shall also be of line has already been acted upon and an action taken cleaned. The BEP (Basic report shall be filed. Engineering Package) submitted by the firm and Order dated 22.07.2022 checked by the department is Para No. 5 sent to IIT Roorkee for vetting.
Recommendations: The site office is constructed.
Boundary wall construction in A. Kathal drain is required to be progress. The SPS located at restored as a connecting Civil Lines is cleaned and the overflow channel of Surha Taal, rising main of the same is (a natural pond) near Ballia being rehabilitated. The city, leading to River Ganga. structural drawings are being This restoration can be achieved prepared. by operationalizing the existing C o p y o f t h e Ba r c h a rt laid sewerage network and d e p i c t i n g t he p r o g r e ss suitable treatment through against the t i m e l i ne establishing Sewage Treatment and Photographs of the site Plant at appropriate location. are enclosed as R-1.
B. Currently, with no system of The required compliance is being organized sewage treatment taken up by Nagar Palika functional and sewage Parishad, Ballia. Testing of including faecal sludge going wastewater after bio & Phyto- into R. Ganga through Kathal remediation done on monthly Drain. Nagar Palika Parishad, basis by NABL accredited lab Ballia shall optimize the process and results are under the norms through engaging a professional as per lab test report. Lab test agency to execute the process of report of last 3 months (October, bioremediation in all the drains November & December 2023) is joining Kathal drain. attached.
Performance of the Reports are Enclosed-R-2 bioremediation shall be periodically monitored and shortcomings if any, shall be apprised to the Department of Urban Development. The system of bioremediation be so designed that all the drains meeting the recipient Kathal drain, are subjected to screening followed by effective treatment for their organic pollution load (BOD).
C. In order to eliminate possible Co-treatment facility of 25 KLD discharge of fecal sludge in capacity is proposed to be open drains or sewerage, Nagar constructed with the 20 MLD 3 Palika Parishad, Ballia and U.P. capacity STP to cater the future Jal Nigam shall ensure to create needs of fecal sludge a feacal sludge treatment management. The work will be facilities as an interim measure completed within the stipulated till, the upcoming STP timeline mentioned for STP redesigned to equip with Co- work.
Treatment facility for Feacal Sludge is established and functional at Ballia. The fecal sludge treatment facility may also be available for future needs especially for nearby areas / towns.
D. Since sewerage system for a The work of rehabilitation and major part of inhabited area in cleaning of already built the Nagar Palika Parishad, sewerage system is in progress. Ballia is established and The timeline of the work is remained unutilized for several annexed in the form of bar years, U.P. Jal Nigam shall chart.
ensure its functionalities by further ensuring cleaning / repair of its structure (if any), as per the case.
E. Department of Urban Development, Govt of U.P. shall The STP is being constructed on decisively intervene to ensure the same land where it was that Nagar Palika Parishad, proposed earlier. So, no land Ballia and U.P. Jal Nigam work acquisition is required for the in close coordination so as to same. sort out issues regarding land acquisition, transfer and notification for expeditious establishment of Sewage Treatment Plant and solid waste processing facilities at Ballia. F. Since the STP (Cap 19.6 MLD) conceptualized in 2006 and The population of NPP Ballia has planned for 2021(having been projected for the year
planned projection of 15 years) 2040. The STP with a treatment may not cater to future sewage capacity of 20 MLD which is generation, Department of being constructed is designed Urban Development shall review for a design period of 15 years the proposal for capacity (design year 2040) which means enhancements of the above said the STP will suffice to cater the upcoming STP based on forecasted population of year projected sewage generation for 2040.
next 15- 20 years in Nagar Palika Parishad Ballia. The proposal shall incorporate and utilize to the fullest in consideration of terrain, topography, gradient and high flood level of R Ganga so as to 4 eliminate chances of flooding, utilize natural gradient and minimize pumping of sewage upto the STP.
4. That it is humbly submitted that in compliance with the order of Hon'ble Nation green tribunal with regard to the Solid/Legacy waste management is provided hereunder:-
SN Issues/ Compliance/Action Taken Timeline/ Directions Complied 1 Solid Waste Solid Waste (Waste to Compost) Complied Management Processing Facility: and Operational As per the 2011 census of NPP Ballia has population of 104,424 and solid waste generated is 36.4 TPD.
To process the daily generated
fresh municipal solid waste,
solid waste (Waste to
Compost) processing facility of 50 TPD capacity along with Material Recover Facility (MRF) of 05 TPD capacity is operational.
Authorization/ NOC has been issued by UP Pollution Control Board (UPPCB) in December 2023, at present SW processing facility is operational in full capacity.
Copy of Authorization/ NOC is attached as R-3.
Solid waste processing facility was non-operational from 17.07.23, after that the daily generated solid waste is processed through decentralized manner.
During this period, dry waste was processed through MRF and doing agreement with local kabadies, and wet waste processed through windrow composting. Approx 10-20% of remaining solid waste was dumped into the dumping ground, at present after operational dumped waste is now transported to the SW processing facility for further 5 processing.
As per Divisional Forest Officer/Kashi Wildlife Division, Ramnagar Varanasi and the In-charge of Jai Prakash Narayan (Surahtal) Bird Sanctuary Ballia letter no. Complied 9887/31 dated 01-01-2024, as per solid waste (Waste to timeline.
Compost) processing facility situated at Village Basantpur is marked out of the boundary of bird sanctuary.
Copy of letter is attached as R-4.
Shifting of Sanitary Landfill:
As per letter of SDM/ Settlement Officer (Forest) Basndih letter no.
1208(11) dated 22.12.2023, Demarcation work of Jai Prakash Narayan (Surahtal) Bird Sanctuary Ballia has been completed which states that solid waste processing facility is out of the boundary of bird sanctuary.
Copy of letter is attached as R-5 In compliance to the NGT directions a separate land has been identified for the transfer of the sanitary landfill.
Copy of letter of Deputy Collector/ Settlement Officer Ballia is attached as R-6 In compliance to the NGT directions and affidavit submitted by Urban Development Department, the demarcation of Eco sensitive zone and identification of alternate land for shifting of sanitary landfill is completed.
A letter to Construction & Design Services (C&DS) vide letter no. 1009(1)/NPPB/2023- 24 regarding availability of land for construction of sanitary landfill has been sent on dated 6 06.01.24 for further necessary actions.
Copy of letter is attached as R-7.
2. Legacy A contract has been awarded for As per (Solid) removal of Legacy waste from the timeline- Waste area of Mahavir Ghat & in terms February Management of aforesaid Letter No. 2024.
1465/work/25/40 dated 13.12.2023 to the Construction and Design Services (C&DS) U.P. Jal Nigam-Urban.
254,720.00 MT of legacy waste has been remediated against 337,714.50 MT Legacy waste which amounts to 75% of completion.
At present 03 sets of trommel are operational at the legacy waste site.
A letter has been sent to the agency on 30.12.23 for timely completion of remaining work and assured by the agency it will be completed as per the timeline.
3. Sewage In compliance to the NGT Complied.
Management directions all the 06 drains which are connected to Katahal drain are primary treated by bar screens for removal of solid waste & other materials, after that wastewater of drains is treated through Bio & Phyto-
remediation on regular basis.
Testing of wastewater after bio & Phyto-remediation done on monthly basis by NABL accredited lab and results are under the norms as per lab test report. Lab test report of last 3 months (October, November & December 2023) is attached.
8. We made a direct question to learned Counsel appearing for Nagar Palika Ballia as also State of Uttar Pradesh as to give us exact date on which STPs shall become operational and discharge of untreated effluent in river Ganga shall stand stop but no reply to this query could be given 7 by them. Learned Counsel appearing for Nagar Palika Ballia stated that this information has been placed on record but on our repeated query, could not show anything from record where this information has been given.
9. With regard to handling and treatment of solid waste, daily generated, nothing has been said as to how it is being handled, managed and treated and who are officers responsible for failure of such handling and treatment of solid waste daily generated. Name of responsible officer has also not been disclosed. This is a very unfortunate situation. Despite repeated orders of Tribunal, the same are not being complied with in letter and spirit.
10. Shri Bhanwar Pal Singh Jadon, Advocate appearing for State of UP repeatedly requests that State of UP be granted two weeks further time to submit an effective and complete report, but could not explain as to why earlier order dated 20.12.202 has not been complied by giving information as required therein, despite opportunity given by Tribunal on payment of cost and also why cost has not been deposited.
11. We also enquired from learned Counsel for Uttar Pradesh Pollution Control Board (hereinafter referred to as "UPPCB") as to why action has not been taken by UPPCB against violators for committing non-
compliance of mandate of Section 24 of Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as "Water Act, 1974") by discharging untreated effluent in river Ganga and also by not handling, management and treatment of solid waste in prescribed manner in accordance with Solid Waste Management Rules, 2016, to which he said that action would be taken but could not explain as to why no action has been taken so far, though respondent authorities are continuously 8 violating law committing offence and still statutory regulator is inactive and silent and has not taken any action. This inaction on the part of statutory regulators cannot be appreciated and must be condemned.
12. In these circumstances, we direct State of UP to pay further cost of Rs. 25,000/-, besides complying earlier order in respect of cost by depositing the same within two weeks with Registrar General of Tribunal and also submit further detailed report covering all the aspects as required by Tribunal vide orders dated 03.10.2023 and 20.12.2023.
13. We also direct UPPCB to take action against violators for committing offence under Section 43 read with Sections 24 and 47 of Water Act, 1974 and under Sections 15 and 16 of Environment (Protection) Act, 1986 and submit compliance report. UPPCB shall also take appropriate action by computing environmental compensation payable by violators for past violations and shall continue to levy such compensation for future violations till compliance is shown by respondents.
14. Action taken report by UPPCB shall also be submitted at least one week before next date of hearing.
15. List on 17.05.2024.
Sudhir Agarwal, JM Dr. A. Senthil Vel, EM March 19, 2024 Original Application No. 370/2021 DV 9