National Green Tribunal
Article Published In The Shillong Times ... vs Coram: Hon'Ble Mr. Justice Adarsh Kumar ... on 22 March, 2023
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 03 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(HYBRID MODE)
Original Application No. 192/2022
In re : News Item Published in The Shillong Times Dated: 23.02.2022
titled "Poison flowing in Shillong's rivers: Water quality index"
Date of hearing: 22.03.2023
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
Respondent: Mr. Manjunatha.C., Chairman, Mr. R. Nainamalai, Member Secretary
MSPCB with Ms. K. Enatoli Sema, Advocate
Mr. Avijit Mani Tripathi, Advocate for the State of Meghalaya
ORDER
1. The matter has been taken up in view of captioned media report to the effect that untreated sewage is directly being dumped into river Umshyrpi near Shillong Law College and river Wah Umkhrah at Demthring, Meghalaya. Trade effluents are also being discharged in river Lukha. On inspection, State PCB found the river water to have turned blue and also found river Lunar to be highly acidic. There are cement factories which are also source of pollution, apart from power plants, breweries and ferro-alloy companies.
2. Vide order dated 28.04.2022, the Tribunal constituted a joint Committee of CPCB and State PCB to look into the violations and to furnish an action taken report.
3. The matter was last considered on 22.11.2022 in the light of action taken report dated 17.10.2022 giving data of water quality and also 1 mentioning actions proposed. The Tribunal found the action to be inadequate and directed further action as follows:-
"
4. From the above, it is seen that there is high amount of BOD and fecal Coliform in Umkhrah and Umshyrpi rivers on account of raw sewage being discharged therein. Lunar river at Myndihati is carrying acidic water. Lukha River turned blue during the dry winter month from November till March /April. Acidic water ( ph: 1.82.4 is observed during field visits). Water of the elevated pH from its tributary mixes at the downstream of the Lunar and then with the water of the lukha upstream at the confluence of Lukha and Lunar. Small stream passes through the limestone mining area discharges its water to downstream of the Lunar, before the confluence of the Lukha. On mixing of these two rivers (Lukha and Lunar) at the confluence, blue color with sedimented white particles on the river bed is seen and fish mortality occurs. Al and silica are present in significant concentrations in white particles at Lukha River.
5. Sources of pollution include municipal waste as well as industrial effluents. Though directions are said to have been issued to cement and power plants, the compliance status is not mentioned. It is also not mentioned as to what action has been taken for past and continuing violations till compliance. Thus, the action taken is highly inadequate. Stringent action is required by the statutory regulators. In default, the Tribunal may also have to take further action for which the violators need to be put to notice for giving them opportunity of presenting their viewpoint, if any.
6. Accordingly, we direct the joint Committee to take further time- bound remedial action with action plan and firm budgetary allocation which may be monitored by ACS, Urban Development and Environment, Meghalaya. Identified violators be put to notice of these proceedings for their response, if any. Needless to say that the Tribunal may have to pass adverse orders if no progress takes place. ACS, UD is required to ensure that raw fecal matter is not discharged into fresh water streams and Umkhrah and Umshyrpi rivers.
7. A further action taken report may be filed on or before 28.02.2023 by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. A copy of the report be also placed on website of State PCB and the violators may be informed by e-mail so that they may file their response, if any before March 15, 2023 by e-mail at judicial- [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The State PCB, ACS, UD and ACS, Environment, Meghalaya may remain present by video conferencing on the next date of hearing."
4. The matter has been taken up for further consideration in the light of report of the joint Committee dated 01.03.2023 and report of the State of Meghalaya dated 21.03.2023. Time bound action plan has 2 been filed which mentions some of the steps taken and proposed as follows:-
"
Capacity of the Physical
No. Location plant in MLD progress in Completion timeline
%
85 %
FSSM, Shillong 0.35 physical
progress The estimated date
1. 5 nos of On-site 13.42 of completion is
treatment plant, 55 % March 2023
Shillong physical
progress
Implementing
Sl. Department &
Issues Funds committed Amount
No. Timeline
1. Liquid Waste Urban Affairs Phase II cleaning of Umkhrah 7.87 Cr
Management in the (Details as River, Polo, Shillong from the
catchment of Annexure- I) Scheme 15th Finance
Umkhrah & Commission (Tied grant)
Umshyrpi rivers during 2020-2021
(1st installment)
Construction and laying of 3.60 Cr
cone shape traps, stone bunds
and its tributaries at River
Umkhrah, Polo, Shillong from
the scheme 14th Finance
Commission Award during
2015-16 to 2019-20 under basic
grant
Used water management: in- 22.00 Cr
situ bi-remediation of
Umkhrah & Umshyrpi rivers
from the scheme Smart City
Setting up of FSSM, On- Site 53.00 Cr
STP, Procurement of cesspool
vehicles from the scheme Amrut
Sl. Issues Implementing Action taken Remarks
No. Department
1. The MSPCB has Annexure
Communicated with the II
Portion of stretch Deputy Commissioner ,
of Umshyrpi and East Khasi Hills District and
wah Umkhrah Khasi Hills Autonomous
river fall Under Shillong Municipal District council vide
the Jurisdiction of Board(SMB) & No.MPCB/GEN-356/2022/25
Shillong Khasi Hills Dated Shillong the 24th Feb
Municipal Autonomous 2023 for taking all necessary
Board and the District Council steps to curb such pollution
Remaining stretch (KHADC) through installing of sewage
Fall under the treatment/FSSM or any other
Jurisdiction of alternative method to treat the
KHADC solid / liquid wastes before
discharging into the river.
3
2. A team was constituted by the Annexure Directorate of Urban Affairs III For the purpose vide (Annexure -
VIII) No.DUA/P/30/2022/40
Dated the 16th February 2023 .The
date of commencement of
survey is 17th February
Inspection of the 2023 and date for
Catchment with completion of the survey
regard to release work is on 28th February
of Untreated 2023.
sewage A public notice has also been
And dumping of Shillong Municipal issued by the Shillong
Garbage along Board(SMB) Municipal Board vide
Umkhrah river at NO.SMB/PW/40/2023 /10
Demthring & Dated 17th February 2023 to
Umshyrpi at not discharge untreated
law sewage directly into drains and
college water bodies.
Proposal with DPR to be
placed before the
state
government seeking financial
support for more STPs in the state
budget or state resources.
3. Treatment of Total of 5 nos of nallahs are being
drains/outfalls at taken up. Work has already started
Shillong law for 3 nos nallahs of which 90% civil
College & work is completed in 1 nallah and
Demthring by the remaining 2 is about to start.
either in situ With regard to the other 2 it is
remediation by Urban Affairs submitted that both drains will be
ReNEU operational by the end of February
(Reconstruction of 2023. The work is expected to be nallahs through completed by march 2023 Ecological units ) or by setting up of STP 4 Steps/Penalty SMB/MUDA to issue notice to Annexure IB against individual households /defaulters households Shillong Municipal in case of any violation. Notice to be without septic Board(SMB) / District brought out in local Newspapers.
tanks & soak pits Administration /
and those Meghalaya Urban
households Development
having faulty Authority( MUDA)
/leakage septic
tanks
5 A team was constituted by the Annexure III
Directorate of Urban Affairs for the
Inventory of
purpose vide
Houses located in
No.DUA/P/30/2022/40 Dated the
the catchment of
16th February 2023 The date of
Umkhrah river at
Shillong Municipal commencement of survey is 17th Demthring & Board(SMB) & PHE February 2023 and date for Umshyrpi at law completion of the survey work is on college under the 28th February 2023.
supervision of
SMB & MSPCB
4
6 Ensuring that the A public notice has also been issued
households along by the Shillong Municipal Board
Umkhrah river at vide NO.SMB/PW/40/2023 /10
Demthring & Dated 17th February 2023 to not
Umshyrpi at law discharge untreated sewage
college should directly into drains and water
have proper Deputy Commissioner bodies.
septic tanks & / Shillong Municipal
soak pits and not Board(SMB)
to release fecal
matter into the
Umkhrah river at
Demthring &
Umshyrpi at law
college.
7 The SMB has prepared activities to
be taken for the concerned localities
Awareness Shillong Municipal .The same is yet to be start. Besides
Programme Board(SMB) Action under Swachh Bharat
Mission 2.0 to be implemented
through PMU team of SBM
Action Taken Report by MSPCB for Umkhrah & Umshyrpi River in compliance to the Directions of the Hon'ble NGT order dated 22.11.22 in OA NO 192/2022 Sl.
No. Activity Action Taken Report by MSPCB
1. To carry out the monitoring of Regular monitoring on monthly basis is being Umkhrah river at Demthring & carried out under NWMP to identify the Umshyrpi at law college causes of pollution and point sources. Water quality status enclosed as Annexure IV
2. To carry out the inspection of The MSPCB is regularly conducting commercial establishment /Industrial inspection to check the industrial units units located along the catchment established (both consented & none consented) along the catchment of the rivers and necessary directions has been issued to the authority concerned for necessary action. A total no of 23 industrial units at Demthring for Umkhrah river were inspected during July 2022 (Enclosed at Annexure - V A) and 3 nos near Law college for Umshyrpi during July & Sept 2022 ( Annexure V B) A total no of 25 industrial units at Demthring were inspected (Enclosed at Annexure - V C) and 3 nos near Law college for Umshyrpi (Annexure V D) during Feb 2023
3.Action againstcommercial Show cause notices were issued to 23 nos of establishment /Industrial units /HCF Industrial units along the Umkhrah river not installed ETPs or ETPs exist but (Annexure-VI-A) and 3 nos along the not operating or ETP outlet or treated Umshyrpi river (Annexure-VI-B) Closure effluent is not complying to notices were served under section 33(A) of the the effluent discharge standards or Water (Prevention & Control of Pollution ) Act norms. 1974 & section 31(A) of the Air (Prevention & Control of Pollution )Act 1981 to 17 industrial units located along the Umkhrah river at Demthring (Annexure VIC) and 2 nos industrial units located along the Umshyrpi river near Law College(Annexure VI D). Environmental Compensation amounting to Rs.3,18,000/- was imposed (Annexure VI E).5
4.Inclusion of captive sewage treatment Communicated with MUDA ( Meghalaya plan and Solid waste management Urban Development Authority) vide letter No Plan in the building permission for all MPCB/TB-55/2022/22-23/6 dated26JULY commercial buildings, hotels 2022(Annexure VIIA) Reminder send to restaurants, and institutions MUDA for the action taken vide letter No MPCB/TB-55/2022/22-23/78 dated24/02.23 (Annexure VII B) Communicated with Khasi Hills District Autonomous Council vide MPCB/TB55/2022/22-23/79 dated24/02.23 for incorporating in the building permission. (Annexure VII C)
5. Awareness programme for citizens As part of awareness the MSPCB is taking through Durbars/Schools/Colleges & the following initiatives Public addressing system, Print Media Public notice issued on prohibition on burning, throwing, burying of wastes along the catchment /tributaries .(Annexure VIII A) Public notice issued to Industries for consent mechanism. (Annexure VIII B) Radio campaign on Prohibiting Single use plastic (Annexure VIII C ) Public Notice on Prohibiting Single use plastic (Annexure VIII D ) At present the Board is proposing for conducting Environmental awareness Action Taken Report for Lunar and Lukha River in compliance to the directions of the Hon'ble NGT order dated 22.11.22 in O.A NO 192/2022 Sl.No. Activity Action Taken Report by MSPCB Monitoring of Lunar and Lukha Regular monitoring on monthly basis is river being carried out under NWMP to identify the causes of pollution and point sources. Water quality status enclosed as Annexure IX A. The State government through The Mining and Geology Department has initiated action for rejuvenation of AMD affected river 2 Kms stretch along the Lunar-Lukha by undertaking phytoremediation which was approved by the Oversight Committee constituted by the Hon'ble NGT in OA
1. 110(THC)/2012"threat to life arising out of coal mining in South Garo Hills District Vrs State of Meghalaya & Ors and the work was allotted to M/S TRINITY IMPEX INTERNATIONAL. The dosing of algae has already started and the work is in progress and the same was verified by the inspection of a monitoring team comprising officials of Regional Directorate , CPCB, Shillong & MSPCB .The Inspection report at Annexure IX-B To carry out the inspection 8(Eight) Industrial Units were inspected /monitoring of all ETPs/STPS (Annexure-X A) during July 2022 & Feb installed in the Cement Plants & 2023. Water samples were collected from the Power Plants STP of 7 units and the STP of 1 unit was non 2 functional. The sample tested of the STP from the 7 unit, conform to the standard for discharge into inland surface water (Annexure X B) 6 Action against the industries not Closure notice was served under installed ETPs or ETPs exist but not section 33(A) of the Water (Prevention operating or ETP outlet or treated & Control of Pollution Act 1974 & effluent is not complying to the section 31(A) of the Air (Prevention & effluent discharge standards or Control of Pollution )Act 1981 to 1
3. norms. industrial unit for not having a functional STP ( Annexure XI A) Environmental Compensation amounting to 41,40,,000/-was imposed (Annexure XIB ) Awareness programme for citizens Proposal amounting to Rs.5, 65,000/ from through Durbars/Schools/Colleges the Scheme "Control Of Pollution" sanctioned
4. & Public addressing system, Print by MOEF & CC for conducting awareness media prepared. (Annexure XI) "
5. Action taken report filed by the State of Meghalaya is as follows:-
"9. That as part of the Action Plan formulated by the RRCs and on the basis of the Monthly Progress Report for the months of September-December 2022, active work has commenced and in progress on the following activities:
a. Sewage Management.
b. Industrial Pollution Control.
c. Solid Waste Management.
d. E-Waste and Plastic Waste Management.
e. Bio-Medical Waste Management.
f Ground Water Qualify.
g. Flood Plain Zone.
h. Green Development.
i. Cleaning & Awareness Activities.
10. It is most respectfully submitted that rivers Umshyrpi and river Umkhrah have already been approved as Priority I and river Lukha as Priority V by the CPCB and the RRC being a state committee has initiated river treatment and rehabilitation. The progress reports of achievements of targets set in the action plan prepared by the RRC and approved by the CPCB is being submitted to the CPCB from time to time.
11. That activities like Solid Waste Management, Plastic Waste Management, Bio-medical Waste Management, Ground Water Regulation, Protection of Flood Plain Zones and Rainwater Harvesting have been undertaken in collaboration with other departments of the Government.
12. STATUS OF PROGRESS: The progress on different counts are summarised hereinbelow:
A. Sewage Management
(a) In situ-Remediation for drains: Currently, works of in-situ remediation of 5 nos. of drains of river Wahumkhrah is being taken up. The process of treatment is referred as ReNEU --
`Reconstruction of Nallahs through Ecological Units which has 7 been developed by CSIR-NEERI, Nagpur.' The 5 nos. of nallahs are as follows:
Pomdngiem Drain (also referred as Wah
Thangsiniang drain)
Oakland Drain
Lawmali Drain
Wahingdoh - Raimohan Drain
Polo Drain 2
Work has already started in all 5 numbers of Nallahs and the Work is expected to be completed by July, 2023.
B. Construction of Faceal sludge & Septage Management (FSSM) facility and Septage Plant: FSSM facility of 350 KLD capacity is being established behind Shillong Municipal Board office and the work is in progress. The estimated date of completion of FSSM facility is March, 2023. Purchase order for 3000 litres cess pool car has been placed with TATA Motors. The 115 KLD Septage Plant at Marten is completed and operational.
C. Construction of onsite STPs 5(five) onsite STPs are being constructed at i.Municipal filling point, Kenches Trace, ii. Junction of Wahthangsniang and Umkhrah, iii. Junction of Wahingdoh and Umkhrah, iv. Junction of Wandasoi and Umkhrah v. by the site of Wahpomdngiem behind SMB Complex at Bishop Cotton Road. The work will be completed by July, 2023.
D. Industrial Pollution control:
There are 130 nos. of industrial units in Shillong and all ETP's are status compliant. The Meghalaya State Pollution Control Board informed that regular inspections have been conducted and there is some improvement in the water quality.
E. Solid waste Management: A Waste to compost Plant of 170 TPD at Marten has been set up. The plant is operational and as reported by the Shillong Municipal Board the capacity utilization has increased to 55 TPD. Apart from the above to decentralize the processing of waste, 4 numbers of Waste Recovery Centres have been set up and Three others at Marten, Umpling and Lawjynriew are operational & 1 at SMB office has been completed but yet to be made operational. For inert waste a 15000 sqm sanitary landfill site has been developed. These facilities shall cater to the entire Greater Shillong area.
For segregation of waste at source, 78530 households residing in 75 localities in Shillong have been provided with two household waste bins each (for biodegradable and nonbiodegradable waste) till date. For the collection and transportation of waste from the localities, 75 primary and secondary waste collection vehicles have been provided.8
Intensive and continuous community awareness and participation campaign has also been taken up with the objective to create an efficient and sustainable system of waste management and to encourage people to segregate the waste at source' Till date, 2051 events covering 2.11 lakhs person have been conducted in the city which includes locality level awareness trainings, public consultations, school orientation programmes, livelihood enhancement Programmes, etc. Further, about 1300 meters stretch of the Wahumkhrah has been fenced to prevent dumping of waste. Likewise, at vulnerable points of the Umshyrpi, fencing was installed with a total length of 760 meters.
F. Plastic Waste Management:
The Shillong Municipal Board is taking up with Dalmia Cements to process plant organic rejects, plastic waste and other combustible waste as an RDF (Refuse Derived Fuel) in their cement plant in Lumshnong. An MOU in this regard has already been signed. For sorting and recycling of recyclables, the informal waste workers are being organised and steps to assimilate them into the system are being taken up.
G. Bio-medical Waste Management: Bio-Medical Waste Treatment and Disposal Facility has already been set up at Marten, with a capacity of 100kgs/hr. The Facility consists of a 100kg/hr incinerator, 50kg/hr Autoclave, a 50 kg/h Shredder and a lKld Effluent Treatment Plant. The facility is completed and under operational. 1 nos, of Bio-Medical Waste Vehicles have also been procured solely for transportation of Bio-Medical Waste.
H. Ground water Regulation: For Domestic purpose -District Level Committee Ground for water Resource (Deputy commissioner of respective District as chairman and official of Water Resources as Member Secretary) looks after it and grant NOC.
For Commercial purpose - State Level Committee for Ground Water Resource (Commissioner & Secretary, Water Resources as Chairman and Regional Director, CGWB, NER, as Member Convener) looks after it and grant NOC.
I. Protection and Management of Flood Plain Zones (FPZ):
Work for floor plains Zonation of the identified river stretches including Umkhrah River has been awarded to RMSI Private Ltd. Work has started in June 2021. The firm will also set up Hydrological Observation stations as per the scope of work mentioned in the request for proposals (RFP). As informed by the Water Resources Department in the last meeting, the Draft Feasibility Report has been submitted to National Project Monitoring Unit (NPMU) for observations.
Lately network design including the proposed additional installation has been submitted by the firm. Field Survey Report 9 has been submitted and various inputs for catchment models have also been prepared. 80% of the work has been completed.
J. Plantation along River: Proposal have been submiued to CEO CAMPA for according to sanction to an amount of Rs.27,17,4401- in202l-2022 for treatment of 48.58 ha. Sanction of the same is still awaited.
K. Rainwater Harvesting: Incorporated as one of the conditions while giving building permission. Currently, project on installing Rainwater Harvesting in 52 nos. of location is being taken under Smart city Mission. The project started on October,2021 and the likely date of completion is December, 2023.
L. Cleaning of accumulated garbage from rivers: Cleaning operation of a portion of Wahumkhrah river about 860 m length was taken up by the Shillong Municipal Board during 2019 at a cost of Rs.16 lacs. An amount of Rs. 3.60 crores was also sanctioned for creation of stone-bunds and installation of solid waste Traps at wahumkhrah River. Both works are in progress.
Removal of accumulated waste from the Wahumkhrah was taken up at a project cost of Rs. 7.9 crores under the 15th Finance Commission Award. The work is in progress and so far 49,612 cubic meter of accumulated waste has been removed and safely transported to sanitary landfill site. This exercise is a continuing process and will be carried out in remaining 7 km stretches ofgiver which is falling under Shillong Municipal areas.
13.That it is most respectfully submitted that to specifically address the issues raised in the present petition, a meeting was held by the Department of Environment and Forest, Government of Meghalaya on 06.12.2022, wherein upon detailed deliberations, following decision were taken:
a. Steps shall be taken by both Urban Affairs Department and MSPCB for implementation of action plan prepared by Joint committee b. It was informed that only portion of stretch of Umshyrpi and Wah Umkhra river falls under jurisdiction of Shillong Municipal Board and remaining stretch falls under jurisdiction of Khasi Hills Autonomous District Council (KHADC).
c. It was decided that Shillong Municipal Board shall prepare geo reference map super imposed on google earth demarcating the portion of both rivers falling within jurisdiction of Shillong Municipal Board and KHADC. d. Officials of Shillong Municipal Board and MSPCB shall inspect Umshyrpi river near Shillong Law college and river Wah Umkhra at Demthring and submit report on release of untreated sewage and dumping of garbage into river at se locations.
e. Shillong Municipal Board shall install CCTV at Shillong Law college and Demthring to detect dumpirg of garbage into rivers.
10f. Chain link fencing shall be erected at Shillong Law college and Demthring to prevent garbage dumping.
g. Urban Affairs Department shall treat the water from drains/outfalls at Shillong Law college and Demthring by either by in-situ remediation by ReNEU (Reconstruction of Nallahs through Ecological Units) or by setting up of STP. h. Shillong Municipal Board, Deputy Commissioner, East Khasi Hills and MSPCB shall take steps against those households without septic tanks & soak pits and those household having faulty/leakage of septic tanks i. l0 teams shall be formed to conduct survey of houses along the both rivers including portion falling within KHADC to identifr household without septic tanks/faulty septic tanks. These teams shall carry out works under supervision of Shillong Municipal Board and MSPCB. j. Shillong Municipal Board and PFIE will provide 10 staffs each for constituting teams for preparing inventory of houses k. After identification of houses without septic tank or faulty septic tanks, the MSPCB will issue closure notices and impose penalty on households.
l. The Deputy Commissioner, East Khasi Hills and Shillong Municipal Board shall ensure that all the houses along the rivers in entire portion including portion fatling under KHADC have proper septic tanks & soak pits and fecal matter is not released into rivers from households.
14. That similarly, meeting took place in the Department of Urban Affairs as well on 15.02.2023, 23.02.2023 and 10.03.2023 for implementation of decisions taken in meeting dated 06.12.2022 of the forest and Environment Department, where several directions were issued, including that of keeping the funds available for compliance with different directions issued by the Hon'ble Tribunal from time to time to deal with river pollution and solid and tiquid waste management in ring fenced accounts. Further, decisions were taken on allocation and utilization funds being received under various Central sponsored schemes such as Amrut scheme, Swachh Bharat 2.0, etc.
15. That in funherance of the decisions taken by the various meetings held to ensure compliance with the directions passed by this Hon'ble Tribunal, one detailed action taken report has been submitted by the Shillong Municipal Board (SMB) dated 28.02.2023 to the Urban Affairs Department, which has been forwarded to the Forest and Environment Department vide letter dated 17.03.2023. The letter of SMB dated 28.02.2023 and the letter of Urban Affairs Department dated 17 .03.2022 are annexed herewith and marked as ANNEXURE R/l and ANNEXURE R/2 respectively.
16. The salient features of the report are summarised as under:
a. The SMB has issued public notices, published in various news dailies, issuing directions under relevant laws for ensuring segregation and storage of wastes, not to throw, burn or bury solid wastes on streets, in open, at public places, in the drains or water bodies and not to discharge untreated sewage and effluents directly into drains and 11 water bodies. A copy of one such public notice dated
17.02.2023 is anne d herewith as ANNEXURE R/3. b. The SMB is also conducting door to door survey for direct discharge of untreated sewage into drains/streams in the area falling under its jurisdiction along with rivers Umshyrpi and Wahumkhrah and till 03.03.2023, a total of 1169 households were inspected, out of which 47 households have been found to be not complying with relevant rules and regulations and notices have been issued to them under Section 201 of the Meghalaya Municipal Act, 1973 and the Environment Protection Act, 1986. A copy of the action taken report submitted by the Shillong Municipal Board is annexed herewith and marked as ANNEXURE R/4.
c. That further, SMB has brought on record in aforesaid report that through funding from the Smart City Mission, Four incinerators of capacity of 1TPD each have been installed at Marten at a project cost of Rs.l6 Cr.
d. It has also been informed by the SMB that removal of accumulated waste from Wahumukhrah river is also underway undertaken at a project cost of Rs. 7.9 Cr. Copies of some Photographs of river cleaning exercise undertaken by SMB are annexed herewith and marked as ANNEXURB R/5. e. It has also been informed that a Faecal Sludge and Septage Treatment Plant (FSSTP) of 0.35 MLD is being set-up behind residential complex of SMB which work is being undertaken under the Amrut scheme and about 90% physical work is already complete with a project cost of 51 Cr.
f. Further, another sepage treatment plant of 115KLD h already been set-up and functional under the Amrut scheme at Marten.
g. That subsequent to the inspection, notices under various provisions of law have been issued to 47 households who have been found to be violating environmental norms. A copy of the list of violators with details is annexed herewith and marked as ANNEXURE R/6.
h. That the SMB is also running a public awareness campaign in various areas falling under its jurisdiction along with the drains and water bodies in Shillong. A copy of scheduled of community outreach and awareness programme being organized by the SMB is annexed herewith and marked as ANNEXURE R/7.
17. That in the areas under jurisdiction of the Khasi Hills Autonomous District Council, on the directions of the State Government, the KHADC has issued notice dated 13.03.2023 to all headmen of the area to ensure that the residents within their jurisdiction are not to discharge untreated waste, faecal matter and garbage into Wah Umkhra and Wah Umshyrpi rivers and strictly adhere to directions issued by authorities in compliance with orders passed by this Hon'ble Tribunal from time to time. A copy of notice issued by, the KHADC dated 13.03.2023 is annexed herewith and marked\as AI{NEXI]RE R/8.
18. That a status report was also sought from the Shillong Cantonment Board on the directions issued by this Hon'ble Tribunal. In its letter dated 15.03.2023, the Chief Executive Officer of the 12 Shillong Cantonment Board has stated that each house in the civil areas of cantonment has their own septic tank and also the civil population of the cantonment areas have access to the public group latrine. Hence, no faecal matter is being discharged into the river in the cantonment area.It also been stated in the second letter that the cantonment board has organised cleaning drive inside the rivers on 11 .03.2023 and 15.03.2023 wherein not only the accumulated silt has been cleared but also the fallen tree logs which were blocking the flow of the river and accumulating garbage have also been cleared using earthmoving machines. However, in so far as the water treatment project is concerned it is stated that the same as being held up because of declaration of elections of the cantonment board and consequent implementation of model code of conduct in the said area. it is also stated that the cantonment board is regularly conducting awareness programmes for sensitising general public about cleanliness, waste segregation ban on single use plastic and for not dumping garbage in the cantonment area. A copy of the letter of the chief executive officer of Shillong cantonment board dated 15.03.2023 with photographs is annexed herewith and marked as ANNEXURE R/9.
19. segregation ban on single use plastic and for not dumping garbage in the cantonment area. A copy of the letter of the chief executive officer of Shillong cantonment board dated 15.03.2023 with photographs is annexed herewith and marked as ANNEXURE R/9. That it is most respectfully submitted that under the Swachh Bharat t < Missions 2.0 (Urban), funds have been sanctioned to the State of /" g Meghalaya Meghalaya along with the action plan, which also contains long term goals to completely address the issues of river pollution in urban, areas, legacy waste issues, solid scientific manner etc. The total budge Rs.57.60 cr. and the Stat share is Rs.6.37 cr. which is scheduled spent as per the formulated action plan with time-bound target in relation to Used water management and solid waste management. A copy of the 'Meghalaya Action Plan' under the Swachh Bharat Missions 2.0 (Urban) is annexed herewith and marked as ANNEXURE R/10.
20. segregation ban on single use plastic and for not dumping garbage in the cantonment area. A copy of the letter of the chief executive officer of Shillong cantonment board dated 15.03.2023 with photographs is annexed herewith and marked as ANNEXURE R/9. That it is most respectfully submitted that under the Swachh Bharat t < Missions 2.0 (Urban), funds have been sanctioned to the State of /" g Meghalaya along with the action plan, which also contains long term goals to completely address the issues of river pollution in urban, areas, legacy waste issues, solid scientific manner etc. The total budge Rs.57.60 cr. and the Stat share is Rs.6.37 cr. which is scheduled spent as per the formulated action plan with time-bound target in relation to Used water management and solid waste management. A copy of the 'Meghalaya Action Plan' under the Swachh Bharat Missions 2.0 (Urban) is annexed herewith and marked as ANNEXURE R/10."
6. We have considered the above submissions and also interacted with the officers of the State of Meghalaya by video conferencing. The 13 issue has also been dealt with in our recent order dated 22.12.2022 in O.A No. 606/2018 relating to compliance to solid waste management and other environmental issues. In the said order, the Tribunal noted huge gap in compliance of solid and liquid waste management norms and the State Government committed to deposit Rs. 109 Crores in ring-
fenced account to address the gaps.
7. The Tribunal has also indicated various remedial options as per guidelines of Ministry of Urban Development and also the observations in the order passed in O.A No. 606/2018. However, it appears during interaction that the officers are not acquainted with the steps which need to be taken. Instead of preventing pollution, they have stated that the plan is not to prevent discharge but in-situ or phyto remediation which may not be wise unless treated water is to be used for non potable purpose instead of discharge in sources of fresh water.
Untreated sewage or other waste should not be discharged into sources of potable water which is offence under the Water Act. The State of Meghalaya must re-visit its practices and policies accordingly and ensure that no fecal enters into drains or through drains to the rivers in question. The door-to-door survey be completed and households be given notices to link with centralized and de-centralized facilities for sewage management set up by the State agencies. The State may go by options in guidelines of the Ministry of Urban Affairs, GoI and observations in above order of this Tribunal in OA 606/2018.
The Application is disposed of.
A copy of this order be forwarded to the Chief Secretary, Meghalaya by email for compliance.
Adarsh Kumar Goel, CP 14 Sudhir Agarwal, JM Dr. A. Senthil Vel, EM March 22, 2023 Original Application No. 192/2022 AB 15