Gujarat High Court
Naranbhai Balchandbhai Patel vs State Of Gujarat on 26 October, 2021
Author: J.B.Pardiwala
Bench: J.B.Pardiwala, Vaibhavi D. Nanavati
C/WPPIL/243/2018 ORDER DATED: 26/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 243 of 2018
=====================================================
NARANBHAI BALCHANDBHAI PATEL
Versus
STATE OF GUJARAT
=====================================================
Appearance:
MR.HARDIK B SHAH(3751) for the Applicant(s) No. 1
GOVERNMENT PLEADER(1) for the Opponent(s) No. 1,2,3,4
MR ANUJ K TRIVEDI(6251) for the Opponent(s) No. 7
MR ASHISH H SHAH(2142) for the Opponent(s) No. 10
MR DG CHAUHAN(218) for the Opponent(s) No. 11
MR PREMAL R JOSHI(1327) for the Opponent(s) No. 8
MS DHARMISHTA RAVAL(707) for the Opponent(s) No. 5
RONAK D CHAUHAN(7709) for the Opponent(s) No. 11
SHASHVATA U SHUKLA(8069) for the Opponent(s) No. 9
THAKKAR AND PAHWA ADVOCATES(1357) for the Opponent(s) No. 6
=====================================================
CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
and
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 26/10/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)
1. Pursuant to the order passed by this Court dated 08.10.2021, Mr. Rohit Patel, an officer from the Gujarat Urban Development Company Limited is personally present in the Court. The Chief Officer of the Dholka Nagarpalika is also personally present in the Court. Mr. Rohit Patel made us understand that over a period of time, the Sewage Treatment Plant (STP) was not functioning at its best, on account of few defects in the same. However, according to Mr. Patel, all such defects as on date have been taken care of and the Sewage Treatment Plant (STP) is functioning well. We go by Page 1 of 7 Downloaded on : Fri Oct 29 22:58:14 IST 2021 C/WPPIL/243/2018 ORDER DATED: 26/10/2021 what has been submitted before us by Mr. Patel. However, in the fitness of things, we want the Gujarat Pollution Control Board (GPCB) to once again visit the Sewage Treatment Plant (STP) and undertake the necessary inspection. Let this exercise be undertaken at the earliest.
2. Mr. Patel pointed out that one major problem which is faced in running the Sewage Treatment Plant (STP) is the electricity (power) failure. In the area in question, time and again, for long hours there would be no power supply. Once there is no power supply, the Sewage Treatment Plant (STP) would not treat the sewage and the sewage thereafter is being discharged into the natural ravines. This is also something very dangerous. This could lead to a potential health hazard.
3. In such circumstances, the State Government as well as the Gujarat Pollution Control Board (GPCB) shall ensure that there is continuous power supply in the area, and for any mechanical reason if there is a power failure, then the Gujarat Electricity Board (GEB) should immediately act and see to it that the same is restored at the earliest.
4. At this stage, Ms. Raval, the learned counsel appearing for the Gujarat Pollution Control Board (GPCB) pointed out that one major problem is that only 70% of the sewage reaches the Sewage Treatment Plant (STP), whereas, 30% of the sewage is directly discharged into the ravines through a canal. This is also something very dangerous and a matter of concern.
Page 2 of 7 Downloaded on : Fri Oct 29 22:58:14 IST 2021C/WPPIL/243/2018 ORDER DATED: 26/10/2021
5. In response to what has been pointed out by Ms. Raval, Mr. Rohit Patel, the officer from the Gujarat Urban Development Company Limited, pointed out that to take care of this problem, one new project is on the way. According to Mr. Patel, to take care of this problem, the Corporation has decided to avail the services of an expert and the expert, in turn, will be preparing a tender accordingly. Let this exercise be also undertaken at the earliest.
6. The above is suggestive of the fact that 30% of the sewage is being discharged directly into the ravines without being treated. God knows since how long this must be the scenario. It is only because of this Public Interest Litigation (PIL) that it has come to the notice of this Court, and accordingly, appropriate directions are being issued.
7. So far as the new project which Mr. Rohit Patel is talking about, shall be funded by the State and the same shall have to be monitored by the Gujarat Pollution Control Board (GPCB). We draw the attention of the State Government also in this regard.
8. Mr. D.G. Chauhan, the learned counsel appearing for the Gujarat Urban Development Company Limited pointed out that the Vice-President (Project) has addressed a letter in the form of a proposal to the General Manager (Tech), GUDM, Gandhinagar seeking approval to be given for Dholka Underground Drainage Phase-IV project under SJMMSVY. The letter dated 30.09.2019 reads thus:
"GUDC / PROJECTS/2019/2063 Date: 30/09/2019 Page 3 of 7 Downloaded on : Fri Oct 29 22:58:14 IST 2021 C/WPPIL/243/2018 ORDER DATED: 26/10/2021 To, General Manager (Tech) GUDM Gandhinagar.
Subject: In Principle approval to be given for Dholka UGD Phase IV under SJMMSVY.
Under Swarnim Jayanti Mukhya Mantri Shaheri Vikas Yojana, Dholka Underground Drainage Phase IV project is proposed to be implemented by GUDC for which in Principal Approval is to be taken from GUDM.
The conceptual scope and tentative estimate are as under:
Name of Scope Tentativ Name
Project e of
Amount DPR
(Rs. In Consul
Lacs) tant
Dholka Missing link / balance work 1100.00 M/s.
Underground of Underground Drainage Technomen
Drainage Phase system Consultant
IV
Please find the above estimate, RCM Opinion, proposal of ULB and PIU, GUDC report attached herewith for according In Principal Approval so that the actions for preparation of Final DPR and taking Admin Approval can be initiated.
Thank you.
Yours truly, (N.H. Patel) Vice President (Project) Encl : a/a"
9. Mr. Chauhan, the learned counsel also pointed out that one M/s. Multi Media Consultant Pvt. Ltd. has been appointed as the DPR consultant for the Dholka Underground Drainage Project Phase IV under SJMMSVY. The letter dated 04.08.2021 reads thus:
"Ref. No. GUDC/Projects/SJMMSVY/ 2192 Date: 04/8/21 To, M/s. Multi Media Consultant Pvt. Ltd Page 4 of 7 Downloaded on : Fri Oct 29 22:58:14 IST 2021 C/WPPIL/243/2018 ORDER DATED: 26/10/2021 401, Shivalik Shilp, Iscon Road, S G highway, Ahmedabad 380054 Subject: Letter of Intent (LOI): For DPR Consultancy services for Dholka Underground Drainage Project Phase IV under SJMMSVY.
Reference: Empanelment order vide GUDM letter no. GUDC/Tech/SJMMSVY/2019/102/340 dated 12/02/2020.
With reference to above subject & references, this is to inform that your firm has been appointed as the DPR consultant for Dholka Underground Drainage Project Phase IV under SJMMSVY as per the fees, terms and conditions as per order under reference.
The Scope of work shall broadly include:
a) Preparation of DPR involves activities like survey, plans and estimates and collection of project related data from ULB and project area.
b) Preparation of tenders & estimates.
c) Financial & Technical Evaluation of Bids.
d) Recommendation for award of work.
You are hereby directed to attend the office of Vice President (Projects), GUDC, Gandhinagar, for execution of the new contract agreement with authorized signatories within ten days from the date of issuance of this letter.
You will have to execute new contract agreement along with the following documents & conditions:
1. Security deposit in the form of Bank Guarantee or FDR of any nationalized bank or as per list mentioned in latest GR of Finance Department, @ 5% of consultancy fees in favour of the GUDC, Gandhinagar.
The conceptual estimate for the project is Rs.1100.00 lacs However, the security deposit shall have to be enhanced as per the final amount of approved DPR.
2. Organisation chart proposed for this project with CV of key personnel.
3. Required Insurance Policy.
You are directed to start the work urgently and formality of signing the new agreement can be done simultaneously.
Page 5 of 7 Downloaded on : Fri Oct 29 22:58:14 IST 2021C/WPPIL/243/2018 ORDER DATED: 26/10/2021 One copy of the signed Agreement will be provided to you for your record and the other copy will remain with this office.
Vice President (P) GUDCL Gandhinagar.
Copy submitted to : 1) PA to MD, GUDC
2) VP (CA), GUDC
3) GM (Tech), GUDM
4) CFO, GUDC
5) Manager (P) PIU, Ahmedabad."
10. We direct the Gujarat Urban Development Company Limited to act as fast as possible, so as to ensure that the necessary infrastructure and network to take care of 30% of the untreated sewage is commissioned at the earliest. All necessary steps shall be taken at the earliest in this regard.
11. Ms. Dharmishta Raval, the learned counsel appearing for the Gujarat Pollution Control Board (GPCB) has placed a Note before us, stating as under:
"As desired by the Hon'ble High Court in the hearing dt 26/10/2021 a note is being submitted to the Hon'ble High Court regarding remediation of the Bhetavada Talav to be fit for use by the villagers. The remediation measures have to be initiated by the industries namely Vasa Pharmachem Pvt Ltd, Cadila Pharmaceuticals, Concord Biotech Ltd, Gimatex Industries Pvt Ltd and Dharamchand Ultrachem Pvt Ltd.
These industries need to be informed of the remediation activity in the Bhetavada village pond with reference to matter pending before the Hon'ble High Court. A detailed study needs to be carried out through a team of experts for the remediation activity. Primarily, the water quality of pond needs to be assessed to check the pollution nature and based on analysis the remediation can be worked upon. However, generally speaking, the measures can broadly be understood as below:Page 6 of 7 Downloaded on : Fri Oct 29 22:58:14 IST 2021
C/WPPIL/243/2018 ORDER DATED: 26/10/2021 • Diverting the flow of waste water from the lake. • Physical treatment of lake water like dredging to remove sediments laden with nutrients or contaminated with toxic materials, or to deepen lakes prematurely filled in by excessive erosion. • Chemical treatment like addition of chemical agents to maintain neutral pH and reduce floating impurities.
Biological treatment:
• Add bio agents to reduce organic load of lake water. • Artificial aeration or circulation of lake water for aeration purpose to increase oxygen intake and remove organic load. • After above treatment, treated lake water can be diluted with fresh water and utilized for irrigation purpose by nearby farmers.
A detailed study report needs to be prepared through an expert team for exact Remediation Process."
12. We seek the response of the industries before us, so far as the proposal of the Gujarat Pollution Control Board (GPCB) as regards remediation of the Bhetavada pond is concerned. We want the industries before us to take it up as a project and see to it that the Bhetavada pond is saved from getting further polluted. We direct the Gujarat Pollution Control Board (GPCB) to get in touch with the industries and workout the modalities for the remediation of the Bhetavada pond.
13. Stand over to 26.11.2021.
(J. B. PARDIWALA, J) (VAIBHAVI D. NANAVATI,J) Pradhyuman Page 7 of 7 Downloaded on : Fri Oct 29 22:58:14 IST 2021