National Green Tribunal
Dr. Lubna Sarwath Co-Convenor vs The State Of Telangana on 14 September, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No. 02:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 85 of 2015 (SZ)
IN THE MATTER OF:
Dr. Lubna Sarwath ...Applicant(s)
WITH
The State of Telangana and others.
...Respondent(s)
Date of hearing: 14.09.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Nivedita S. Menon represented
Smt. Rema Smrithi
For Respondent(s): Sri. Ramachandra Rao, Addl. Adv. General
along with Smt. H. Yasmeen Ali for R1.
Sri. Di. Srinivasan for R2
Sri. T. Sai Krishnan through
Sri. Lakshmi Narasimhan for R3 and R4.
ORDER
1. As per order dated 18.08.2020, this Tribunal had considered the report submitted by the Joint Committee in compliance with the 1 order dated 22.01.2020 of this Tribunal and passed the following order:
"5. It is seen from the recommendation and observation of the committee that no fruitful things have been done by the authorities for protecting the water body against the encroachment as well as pollution. Further, it also mentioned in the recommendations that there is a lack of inter departmental co-ordination which is required for proper administration of water bodies. There are no steps taken for removal of encroachment and also prevent untreated sewage being discharged into the water bodies by the authorities.
6. The existing facilities and infrastructures provided are not sufficient to meet the situation and still nearly 50% of pollution is caused due to discharge of untreated sewage into the lake. There is some reduction in the area of the lake along the catchment area lake due to encroachment, but no steps were taken to identify the encroachers and remove the encroachments as well, so as to maintain the water storing capacity of the lake. Only temporary measures are being taken by the authorities for meeting the situation. There is no holistic integrated long term plan for improving the situation taking into account possible generation of sewage water and also other sources of pollution to meet situation.
7. There is no Lake Protection Committees constituted as required under the Wet Land (Conservation and Management) Act, 2017 for the purpose of protecting the water bodies.
8. It is not known as to whether the Wetlands have been identified for the purpose of notifying the same under the Wet Land (Conservation and Management) Act, 2017 2 and what are all those steps taken by the Government for protecting such water bodies which requires the highest level of attention at the Government level.
9. When this was pointed out, the learned counsel appearing for the State of Telengana wanted some time. We think that since the Senior Lawyers who are representing the State of Telengana are expected to appear in another matter on 21.08.2020 and if this case is also posted on that day, they can look into the matter and the Government can come up with an action plan for remedying the situation which is pending before this Tribunal since 2015 and when this issue was brought to the notice to the Hon'ble Apex Court, certain direction had been issued and committees were formed even earlier.
10. It appears that the Government is not taking keen interest in protecting the water bodies against the danger of pollution.
11. Further, if this water body is not properly maintained and surplus water is discharged from this water body which reaches River Musi, then that river will get polluted further. The river Musi is one of the most polluted river in respect of which the National Green Tribunal, Principal Bench had given directions to the State of Telangana to come with an action plan for protecting that water body from pollution".
2. The case was posted to 21.08.2020 for consideration of the further action taken report to be submitted by the State of Telangana in this regard. On 21.08.2020, the case was 3 adjourned to 25.08.2020 and on 25.08.2020, it was adjourned to today for that purpose.
3. When the matter came up for hearing today through Video Conference, M/s. Nivedita S. Menon represented Smt. Rema Smrithi counsel for the applicant. Sri. Ramachandra Rao, Additional Advocate General along with Smt. H. Yasmeen Ali represented 1st respondent, Sri. D. Srinivasan represented 2nd respondent and Sri. T. Sai Krishnan through Sri. Lakshmi Narasimhan represented respondents 3 and 4.
4. We have received a report on behalf of Telengana Government dated 12.09.2020 by e-mail dated 13.09.2020, stating that the Government has already issued Government order dated, 11.09.2020 for the purpose of establishing 17 Sewage Treatment Plants (STPs) in the catchment of nallahs of Hussainsagar Lake and it is also mentioned in the report that it will be completed and commissioned within a period of 2 years.
5. The applicant has filed a reply affidavit in the nature of objection to the Joint Committee report dated 17.08.2020 which reads as follows:
"2. At the outset, I wish to state that the Special Committee report dated 08.10.2005 submitted before the Apex Court by the three member committee comprising of late Mr.Rajamani, Mr.Sagar Dhara, Prof Mr.R.C. Reddy is a holistic and scientific in-depth report as regards both 4 encroachment and pollution with recommendations. But the same has not been considered despite relying on the report from inception. Moreover, I was neither called during the site inspection, objections heard nor any documentation sought from her.
3. Regarding the contents in paragraph 1 of the joint committee report, the same are a matter of record.
4. Regarding the contents in paragraph 2 of the joint committee report, the Committee constituted by this Hon'ble Tribunal was drawn from domain experts at national level viz., national institute of hydrology Kakinada, IIT Hyderabad, MoEF&CC regional office, and CPCB, Regional Director, Bengaluru, with expectations that they would give a scientific status report and scientific solutions too. But the report does not reflect their institutional status and is a mere carrier of the information given by the respondent authorities.
5. Regarding the contents in paragraph 3 of the joint committee report, the report submitted in September 2015 by the previously appointed expert committee was summarily rejected by the petitioner as a courier from the respondents.
6. Regarding the contents in paragraph 4 of the joint committee report, it is submitted that although the Hon'ble Tribunal had constituted a joint committee on 22.01.2020 to inspect the lake in question and to file a consolidated report showing the impact of construction in the lake as per the TOR given by this Tribunal vide order dated 26.05.2015, site visits were conducted only in the month of March 2020 and further caused delay in filing a report.
7. Regarding the contents in paragraph 5 of the joint committee report, although the committee mentions 9 locations where samples were taken, they have not 5 mentioned about the frothing at the outflow channel and the same have not been taken for analysis. Further, as per study conducted by IIT Hyderabad in 2019, it was submitted that there are possibilities of heavy metal contamination that are bound to affect the aquatic life of the lake and surprisingly, the report of the joint committee remains silent on that aspect. Newspaper article of the said report is marked as ANNEXURE 1.
8. It is observed from the Fig 1 of the joint committee report that no samples had been taken nor the site monitored at the outflow channel that flows abutting GHMC (respondent's) office. This out flow channel is similar to the outflow channel at Viceroy hotel having huge froth and thick foul smell from cocktail of industrial and sewage effluents.
9. Pic : @ 17°24'30.26"N 78°28'31.21"E dated 10 dec 2019 wherein HUGE TOXIC FROTH ACCUMMULATION was visible AND FLOWS AT SECOND OUTFLOW CHANEL NUMBER 2 OF HUSSAIN SAGAR RIGHT AT THE THRESHOLD OF GHMC HEAD OFFICE
10. Regarding the contents in sl.no. 6(1) of the Joint Committee report, the same deals with the causes of pollution taking reliance of the earlier committee report that is under challenge. It is pertinent to state that even the present committee has observed that there is discharge of untreated sewage and industrial effluents into the Hussain Sagar Lake thus reducing the water quality. Despite being aware of the illegal activities since the time of filing the above petition, the respondent authorities have not taken any step till date to either stop the discharge or rectify the damage already caused. Moreover, the committee has observed that the discharge of untreated effluent and sewage is caused due toin spite 6 of the barriers constructed before the entry into lake and through the alleged I&D structures constructed.
11. Time and again, the respondents herein have reported to this Tribunal that construction work is being carried out to rectify the sluices, but a simple reading of the present report evidences that neither the sluices have been rectified nor have the respondents taken any effort to stop the discharge of untreated effluents and sewage. Rather, as pointed out by petitioner, there were constructions of low-level sluice at 506.00M inside the lake and constructions of new CC channels under vents below the bridge, purpose of which is unknown to Tribunal and to citizen.
12. Furthermore, the visibility of froth has not been reported and status of ZLD and implementation of self-use of treated industrial waters has not been mentioned by the Joint Committee. I further state that if ZLD is being implemented and if rule of self-use of treated industrial effluents is implemented there should be zero inflow of industrial effluent whether treated or untreated but the same has not been evidenced.
13. Regarding the contents in sl.no. 6(ii) of Joint Committee report, the same mentions efforts made by authorities for cleaning lake and improving water quality. The Committee was informed by HMDA that they had identified one M/s Matrix Environment Inc, Bahadurpura, Hyderabad and placed work order worth Rs.1,52,00,000 (Rupees one crore fifty two lacs only) on 25.3.2020 for work to be completed in 6 months.
14. Following are the findings from official website of the said M/s.Matrix Environment Inc:
a)'HMDA had expressed satisfaction with the implementation of the free pilot project for improvement of 7 quality of the lake water with Canadian innovative technology.'
b) That work started on 27.03.2017 and the following were the results of the water samples collected from four separate locations:
(d) Evidence of the samples collected on 06.06.2017 at 17 feet deep from Hussain Sagar Lake.
(e) One EzOx Environment, incorporated on 12.01.2017 has been entrusted with a project within 3 months of incorporation for rejuvenating the Hussain Sagar. It is also submitted that, directors of the company does not have any experience in lake rejuvenation or related sectors. It is also submitted that, the Canadian company mentioned in report Matrix Environment Llc also do not state any previous project undertaken with EzOx system.
(f) It is submitted, that while the website state that the 'pilot project' is done for free, the Joint Committee report states that HMDA mentions that the project is given not in 2017 but on 25.03.2020 for 6 months contract of Rs.1,52,00,000 crores. Since the committee appointed by this Tribunal itself could not get any technical documents from HMDA and there is no mention of this project on the HMDA website, it is not understandable as to how a contract could be awarded for 6 months for work already undertaken in 2017. It is also unclear whether a fresh contract has been awarded. These claims of Matrix Environment LLC are contradictory to JC report that report highly polluted state of Hussain Sagar
15. Further findings reveal that :
i) there is no board of EzOx environment LLP or Matrix Environment LLC at the physical address, rather there are boards pertaining to other companies M/s.Saro 8 Hawai Chappal, Saro power & infrastructure, etc. Geo tagged pictures pictures shot at 17° 21' 0.86" N, 78° 27' 8.68" E reveals the same.
16. It is submitted that, the Joint Committee report clearly indicated the pollution in the Hussain sagar lake. Awarding of such an important public work to a company that has no experience and company being incorporated three months before being given permission to work on Hussain sagar, and absence of office board at given address by HMDA, does not show if HMDA or concerned authorities and ministries are acting in good faith and requires a thorough probe in this aspect.
17. It is appalling and shocking that while the above petition has been filed seeking orders to prohibit the pollutant inflows, to allow all rain inflows, to remove encroachments and to restore the Hussain sagar lake being a lifeline of Hyderabad, the respondent authorities are not only deceiving the citizen but also placing vague materials before this Hon'ble Tribunal. The respondent authorities are draining the public exchequer and causing irreversible harm to environment and major threat to public health.
DEMOLITION OF STRUCTURE IN HUSSAIN SAGAR
18. Regarding the contents in sl.no. 6 (iii) of the joint committee report, everynew committee is given a projection of diversion of works carried out by the respondents with no application of mind. Apart from some repetition, the present Committee acts as a courier to what the HMDA submitted. Similar projections were made earlier in the Two member Expert committee report of September 2015
19. It is submitted that on 07.07.2020, Chief Minister Office started demolishing the secretariat buildings of around 9.16 lac sq. Ft spread over 25.5 acres, 9 also constituting a heritage building constructed in 1888, thus totally to 9 buildings including G block of the heritage building and three religious places. The Committee report remains silent on such a major activity that has taken in the month of July, 2020. News paper article is annexed herewith as ANNEXURE 2.
20. Earlier Rs.360 crores project known as Hussain Sagar Catchment Improvement Project with JICA collaboration was executed upto 2016 and result is as stated by JC itself that the Hussain Sagar is polluted. This pollution as reported in Supreme court committee 2005 has only increased in spite of all the cost to public exchequer.
21. The Telangana Secretariat was earlier operating from the built up office space of 3.81 lakh square feet in four blocks, while five blocks constituting around 5.31 lakh square feet had been allocated to Andhra Pradesh. Inclusive of the Heritage block which had long fallen into disuse, two religious places of worship inside the Secretariat complex, and the structure used for canteen, the total built up space in the premises would exceed 10 lakh square feet. Calculated with the estimated height of 11 feet per floor, total volume of the built up space would amount to 1.1 crore cubic feet, or 3.11 lakh cubic metres. Of this, total volume of the brick masonry, RCC, flooring, and random rubble masonry and miscellaneous items comprising demolition waste would be 1.03 lakh cubic metres. Converted as per standard norms, the total weight of the debris would be in the vicinity of 2.1 lakh to 2.2 lakh tonnes, with scope for a little deviation, said a Civil Engineering expert in government requesting anonymity.
22. Demolitions of Secretariat Buildings are right at the latest FTL geo-coordinates. Pollution of around 10 lac 10 sq. ft. creating debris of 2.2lac metric ton was proliferated across the water body and is raising pollution to such an extent that GHMC Burugula bhavan was closed for all staff and movement of traffic around a radius of more than 5kms was shut down. Thus, right at the FTL boundary of Hussain Sagar is an ongoing contempt of Supreme Court order of severe proportion even as the case is currently pending in the High Court as well as in this Tribunal NGT. It has been brought to my knowledge that though the government wished to employ implosion technique for demolition by use of explosives, seismologists have warned that it could result in water seepage from Hussain Sagar lake and render the whole site unusable for construction.
MAMMOTH VOLUME OF DEBRIS DUMPED IN HUSSAIN SAGAR
23. It is submitted that there is no plan as to where the debris would be taken. Debris of more than 10 lac sq ft would need around 30,000 sq mtrs of land when piled up to a height of five to six meters. It is very pertinent to note here that from July 7 till date there is not a single picture that has been given either by the state government through press release or did any journalist get any picture of any vehicle carrying the debris of the secretariat outside the demolition site. It is submitted that nobody knows where the debris is dumped as there is no official document release on the demolition and construction of the Secretariat. Even the official page of Telangana CMO from where there are communications on daily basis contain any information where the demolition waste has been taken. Whereas, on 27.07.2020, prominent news papers carried the news that more than 4500 truck loads of debris could be generated and more than 2000 truck loads 11 of debris has been removed from the debris site. With no site mentioned officially and with no picture from any news agency regarding disposal of construction waste, it is apprehended that the debris could has has been dumped in the Hussain sagar lake, which would be an illegal act and highly unethical on part the part of the state government.
ILLEGAL ACTIVITIES IN AND AROUND HUSSAIN SAGAR LAKE, BEING AN IMPORTANT WETLAND IN NATIONAL INVENTORY OF WETLANDS WITH A 5KM BUFFER ZONE:
24. Hussain Sagar Lake that extended to more than 1800 acres as per earlier wetland report and SC committee report (originally more than 3000 acres please see SC Committee report chapter 3) . As per the 2011 National Wetland Atlas, generated in project National Wetland Inventory and Assessment (NWIA) Sponsored by Ministry of Environment and Forests, Government of India, by Space Applications Centre (ISRO), Ahmedabad and A.P. State Remote Sensing Application Centre, Hyderabad in March 2011, Hussain sagar lake is recorded as an important man-made wetland built in 16th century.
25. The Atlas demarcates 5km buffer zone around Hussain Sagar. Thus Hussain Sagar and its buffer zone is a eco-sensitive zone. In this context the demolished site of 25 acres being part of Hussain sagar wetland should be reclaimed as Hussain Sagar wetland area and any kind of new construction must be a prohibited activity. The Leonard Munn maps being the official maps of the state of Hyderabad clearly indicates that the area of demolition of 25 acres is FTL area of Hussain sagar lake. The said map is marked as ANNEXURE 3.
1226. It is further submitted that at a time when NITI Ayog has identified Hyderabad as one of the cities that would go dry by 2021, it is necessary that the demolished site of 25 acres that are part of wet land eco sensitive zone of Hussain sagar should be reclaimed for public health and to combat climate change crisis. This 25 acre area in fact should not be concretised and should be dredged as wetland/water body.
27. It is submitted that the fact that debris occupies 40% additional space, the dump of construction waste from Secretariat, when piled up to a height of five to six metres, could need over 30,000 square metres of land. The demolition, together with truck transportation for a lead of 30 kilometres from the site, could cost around Rs.18 crore to Rs.20 crore at the minimum.
28. Regarding the contents in SL.No. 6(iv) of the Joint Committee Report, the main prayer of the above application was seeking an order for stoppage of diversion of pollution by bypassing structures. It is submitted that almost Rs.60 crores was spent on the bypassing sewage pipes laid to connect the upstream to the outlet at viceroy hotel, without any consideration that toxic waters were travelling down stream till Moosi river crossing a densely populated urban area of around 4.5 kms. This goes to show that the Joint Committee appointed by this tribunal have turned turned a blind eye to the main prayer of this petition. Moreover, these bypassing of pipelines continued to happen despite the orders of the Apex Court in SLP No. 5595-96 of 2004 dated 25.04.2005 bygrantingan interim order that no further construction in, on or around the lake shall be carried out except with leave obtained from the Apex Court.
1329. Further, on 16.01.2014, The Hon'ble Supreme court in civil appeals nos. 2905-2906 of 2005 extended the interim order granted on 25.04.2005 till the matter was finally disposed of by the High Court. It is submitted that the said transferred writ petition in WP No. 25073/2003 still stands pending in the High Court, last being listed on 11.12.2018.
30. Regarding the contents in paragraph 6 (v) of the joint committee report, it is submitted that the authorities have been continuously giving false information. Despite stating that there is norelease from outflow, the Committee has observed discharges from viceroy outflow channel during the site inspection. The authorities have also been suppressing information regarding Matrix Environment LLC contract. Further, the Committee ought to have observed that there were construction of new weirs in the lake. The joint committee report remains silent as to the dismantled and newly construction weirs.
31. Regarding the contents in sl.no. 6(vi) of Joint Committee report, the Committee feels that a detailed study and action plan is essential for rejuvenation process of the entire stretch of River Musi and the same may be ordered by the Hon'ble Tribunal so as to commence work by the respondent authorities for restoring and rejuvenating the lake. The government of telangana vide GO Ms 7 dated 5.1.2016 reduced the buffer zone of Moosi nadi from 100ms to 50ms outside municipal limits, thus paving way for further constructions. What is being done with the area reclaimed from moosi river buffer zone is unknown to the public. This goes to show that reduction in buffer zone of an already polluted river. Copy of the said G.O. is herewith marked as Annexure 4.
1432. Regarding the contents in sl. No. 6(vii and viii) of the Joint committee report, the Committee has merely relied on the information provided by the EE, HMDA without any supporting documents. The report suggests study of damage to Moosi river by an expert body like NEERI. There are already many reports that have done in- depth analysis of how Moosi river cultivation is being carried in food chain. It is only scientific and decentralised and customised solutions and work ethics of officials and government that is required.
33. It is further submitted that the Joint Committee visited and inspected the site on 16.3.2020 and 17.3.2020 during summer season when there could not have been any free flow of water especially when there is no rain in the catchment area. The free flow is due to the polluted water entering the lake from inflow channels that are being pushed through the dismantled and lowered weir so that the shallow area of the peripheries are exposed. Furthermore, when the joint committee visited and collected samples from Location No. 8 and 9, the ought to have observed the new sluice constructed inside the FTL of Hussain Sagar at location no. 8 and new weir construction at location no. 9. Apart from the new low level sluice there three more constructions in the three vents near the low level sluice. These are not 'repairs to sluices' but are new constructions put up. But, to my dismay, there has been no mention about the newly constructed sluice and weirs in the report filed by the joint committee.
34. I state that I had approached the Hon'ble High Court by way of a public interest litigation in WP No. 26 of 2020 to prevent a 10 acre encroachment in FTL of the lake, abutting the Kukatpally channel meeting at Hussain Sagar lake. This is just one example of how the FTL area of 15 Hussain sagar is being encroached by or enabled by the state government.
35. Regarding the contents in sl.no. 6(ix) of the Joint Committee report it is evidenced that the Committee has not been provided with any details of the construction that has been carried out/ is proposed to be carried out. The Committee has merely given a report based on the physical inspection and the information provided by the HMDA. It is submitted that the joint committee has not documented any of the repair work undertaken by the respondent authorities and the new construction of the new level sluice whose discharge happens from level of 506m which is much below the FTL of 514.31 m.
36. Regarding the contents in sl.no. 6(x) of the Joint Committee report, it is the case of the petitioner that the state authorities have been carrying on work in the lake that are not limited to repair of sluices. From the year 2015, the respondents have been submitting that they have been carrying on repair work but the same has not been completed till date.
37. Furthermore, the joint committee in its report has ignored the quantum and hazardous quality of the deposits in the bed of the lake before concluding that EC is not required. As stated above, toxic elements are present in the lake bed and lake waters. It is submitted that the report of the committee appointed by the Apex Court advised that the toxic dredged material out of Hussain sagar Lake is best untouched as dredging and depositing in a different land would pollute a new area. Rather, no pollution inflow coupled with fresh rain water inflows continuously over years would definitely rejuvenate the lake. This was one of their recommendations. Had the 16 said recommendation been implemented since 2005, the condition of the lake would not have become as worse.
38. Regarding the observations in paragraph 7 of the joint committee report, 7(a) to 7(d) are running information of analysis of samples taken from banks of the lake. Regarding recommendation (e), even after seven months after its constitution reports that grab sampling from banks of lake does not offer the true characteristics and that integrated grid sampling should be done. It is submitted that the lake bed silt is not at all examined.
39. Regarding observations in 7(f), the Committee confirms that the I&D structures are short term measures. It should have observed that all i&D structures and all STPs are right inside the FTL of the lake thus seriously compromising with the lake holding capacity given that its catchment area does not change and that pervious nature of land in catchment area is very less.
40. Regarding observations 7(g), the Committee states about wide gap between sewage generated and sewage treated. It should have scientifically observed that pollution generated from 10kms upstream of Moosi river and from catchment of 287sq kms of Hussain sagar is travelling through several open channels, sewer mains and bypass pipes, thus proliferating pollution , polluting ground, polluting air and a huge health hazard on continuum.
41. Regarding observations 7(h), the joint committee deals with integrated management and protection of lake. There is an existing lake Protection Committee whose chairperson is Metropolitan Commissioner, HMDA. This Committee is for integrated management and has 18 officials as its members drawn from all sectors including police for enforcement.
1742. Regarding observations 7(i), the committee has not realty with the mason issue of encroachment. Below is the extract from NRSC Bhuvan2D website with layer of FTL boundary depicting encroachments into Hussain Sagar.
43. Regarding the observations in paragraph 7(j) of the committee's report,it is being interpreted that fresh water inflows are lessened due to catchment area changes, whereas a critical reason is that fresh rain water is diverted through I&D structures.
44. Regarding the observations in paragraph 7(k), although the joint committee observes that 'untreated streams are directly joining Hussain sagar lake, observations have not been noted as to why the streams have been carrying polluted water. Root cause of the pollution still has not been addressed and an action plan for the same has not been submitted.
45. Regarding observations in paragraph In 7(l), once again the Respondent authorities are found suppressing information so relevant for a report on pollution of Hussain sagar.
46. Regarding the observations in paragraph 7(m), the Committee has rightly observed that change in colour of the waters due industrial effluents being let it but no sample analysis have been observed to state the actual reason for the discolouration and the source of pollutants.
47. Regarding the observations in paragraph 7(n), the committee states that sludge in lake bed has eroded the water holding capacity. In-depth analysis of sludge has been done and submitted before the Hon'ble Supreme Court by the expert committee in 2005 as well as in academic research articles, including IIT Hyderabad. In this context recommendation of the committee appointed 18 by the Supreme Court in its report regarding sludge's toxicity and non-pollution of a virgin area should be weighed in.
48. Regarding the recommendations in paragraph 8 of the committee's report, : it is submitted that all streams and channels have been originally designed to carry the rain water to the adjacent water bodies. Hence as per law even pollution of channel stream is a an illegal activity. Hence it is recommended that all pollutants liquid and solid should be handled at source in a decentralised manner under the local governance at the smallest demarcation for better administration.
49. Regarding the recommendations in paragraph 8(ii) the first condition for lake restoration is stopping of pollution at source, allowing unhindered flow of rain waters, remove diversions/blocks in inflow channels (I&Ds are installed because pollutants are entering, if pollutants are handled at source in a highly decentralised pattern, there should be no need of I&D) .
50. Regarding the recommendations in paragraph 8(iii), there can be no indirect discharge of untreated or treated streams into the lake. Treated polluted waters by eminator of pollution whether sewage or industrial must be re-used at source. If they have excess of treated waters they may store it and re-use it. Such conditions would inculcate a responsibility and consciousness of judicious usage of water. Creation of artificial ponds can be included in building and planning rules to contain irresponsible proliferation of waste waters.
51. Regarding the recommendations in paragraph 8(iv), with no proper city planning and no FSI limits, Hyderabad city has become a hub of dirt, disease as exposed by recent Covid19 crisis, where Hyderabad and 19 Rangareddy are in red zone continuously. The solution to clean Hussain sagar lake is not merely by increasing capacity of STP especially when existing STPs have not treated the waters adequately and invariably occupy the lake. Every STP in Hyderabad is right inside FTL of the lake and inside the Moosi river. Even in 2015, the expert committee appointed by this Tribunal reported that the waters at the outlet of STP at Moosi river was very adverse in most parameters.
52. Regarding the recommendations in paragraph 8(v), while NEERI can coordinate with all respondents who are guilty of the present dangerous condition of Hussain sagar, the petitioner must also be afforded an opportunity to assist the committee.
53. Regarding the recommendations in paragraph 8(vi), the HMDA Commissioner is the chairperson for Lake Protection Committee formed as per GO 157 of April 2010 under the directions of the High Court. It has 18 officials drawn from all departments including police. Additionally Telangana has State WALTA authority, Hyderabad District WALTA authority and Mandal WALTA authority for lakes. But WALTA authority meetings have not been convened till now since 2014. WALTA authorities have citizens' mandatory participation.
54. Regarding the recommendations in paragraph 8(vii), the authorities in the present LPC are officials from 18 departments. And the same shows various compulsions that are against the oath they observe. Citizens Lake Champions could be constituted for each lake separately; each lake be highlighted with sign boards describing the lake, its map and the name and number of officials who should be alerted by whistle blower or lake champions; Telangana State WALTA 20 authority, District WALTA authorities and Mandal WALTA authorities be revived. WALTA Act 2002 mandates citizen and expertise participation in the WALTA authorities with designated official. Loopholes in the WALTA rules and act can be plugged through amendments.
55. It is further submitted that Hussain sagar lake be is notified wetland as per 2011 wetland Atlas. Hence the eco-sensitive zone be demarcated and the sanctity of Hussain sagar be restored to its original historic glory.
56. The demolished secretariat is in Hussain Sagar FTL boundary as per Munn maps and right on banks as per reduced FTL map. Hence the entire area of 26 acres of demolished area be reclaimed by Lake Protection Committee for Hussain Sagar.
57. The encroachments as per FTL boundary map given by NTD have been identified and submitted. Even IMAx a luxury commercial and many commercial units are inside FTL. Andhra Pradesh Legislative committee report had concurred with the SC committee report and recommended that IMAX theatre that is in FTL should be converted to a museum. Such steps would deter future incursions. It is submitted that the Supreme Court order in 2014 of no construction in, on or around Hussain is being repeatedly flouted by government of telangana."
6. Telengana Government has also earlier filed a report dated 18.08.2020 regarding their action plan for this purpose which reads as follows:
"REPORT OF THE TELANGANA STATE
GOVERNMENT IN COMPLIANCE WITH THE
21
DIRECTIONS OF HON'BLE NGT (SZ), CHENNAI ON 18.08.2020.
It is to submit that the Hon'ble NGT, Chennai in OA No. 85 of 2015 filed by Dr.Lubna Sarwath heard the matter regarding pollution of Hussainsagar Lake on 18.08.2020 and directed the State Government to file Action Taken Report along with the proposals for remedial measures of Hussainsagar Lake.
In compliance with directions of the Hon'ble NGT, detailed report along with proposal for remedial measures of Hussain sagar Lake is submitted:
1. Hussain Sagar Lake:
Hussainsagar is a manmade Lake constructed in the year 1562 by Qutubshahis. The catchment area is 241 Sq. Kms with water spread area at Full Tank Level + 513.41 Mtrs is 1447 Acres.
Hussain sagar lake is having following five inlet feeder channels bringingdomestic sewage inflows of 400 MLD into the Hussainsagar Lake:
i. Balkapur Nala
ii. Banjara Nala
iii. Yousufguda Nala
iv. Kukatpally Nala
v. Picket Nala
Hussainsagar lake is having the following surplus flow arrangements for discharge of flood water: -
i. Main weir opposite to Hotel Marriot - 38,564 Cusecs ii. 6 nos. Of sluices including one constructed recently at elevation + 506.00 with a discharging capacity of 550 Cusecs 22
2. Measures taken to prevent sewage flow into Hussain sagar lake:
In order to prevent the inflow of sewage, 4 nalas are being diverted i.e. Bulkapur Nala, Banjara Nala, Yousufguda Nala & Picket Nala with the established infrastructure of large trunk sewer mains, interception & diversion structures, sewage pumping stations and Sewage Treatment Plants.
The flowin Kukatpally Nala also diverted to STP at Amberpet through K&S main pipeline by constructing I&D structure at Fathenagar, Prakashnagar. However, during peak hours,excess flow of about 50 MLD is entering into Hussainsagar Lake. In order to avoid the slippage of flow into lake, another 150 MLD capacity I&D structure is developed at Necklace Road for diversion of the slippage flows during peak hoursand is commissioned.
The nutrient rich sediments of 6.5 Lakh/Cum in Hussain Sagar at confluence of three nalas (Banjara, Picket & Balkapur Nala) has been dredged and disposed at land fill quarry pit duly following the MSW rules under the supervision and monitoring of TSPCB.
The estimated total inflow into Hussain sagar lake through nalas is 400 MLD. Hyderabad Metropolitan Water supply and Sewerage Board (HMWS&SB) has prepared Comprehensive Sewerage Master Plan(CSMP) for Hyderabad City by engaging M/s Shah Technical Consultants.The CSMP also includes the proposals of Hussainsagar Lake catchment area.
The CSMP covers the population projections,sewage generation, required number of STPs, locations, capacities, sewer network, cost estimates etc and accordingly the Detailed Project Reports (DPRs) are formulated.
23The brief details of DPR of Hussainsagar Lake catchment are as below.
Number of sewerage zones - 15 Nos
Number of STPs existing / capacity - 4 Nos & 67
MLD
Number of STPs proposed - 17 Nos
The DPR Cost Estimate
of STPs (376.5MLD) - Rs.1280.87 Crores
The DPR Cost of sewer network (831.78Km)- Rs.1231.04
Crores
The project implementation will be about two years for construction of STPs and three years for completion of sewer network.
The details of STPs and I&D structures to divert the sewage from entering into the Hussain Sagar Lake are as below:
Disposal I&D Existing point of Sl. Name of Proposed Time structure STPs treated No Nala STPs lines provided provided sewage/divert ed sewage 1 Balkapur 22 MLD 20 MLD Proposed Two The treated Nala Capacity capacity STP additional years sewage is at at Madarsa- / meeting the Madarsa- Makta enhancem standards and Makta ent of40 is partly used MLDcapaci for avenue 2 Banjara 12 MLD ty plantation and Nala Capacity partly at discharged Yashoda into lake for Hospital sustainability.
3 Yousufgu 23 MLD & Conveyed to --- --- Treated
da Nala 74 MLD downstream sewage is
capacity STPs discharged
24
Disposal
I&D Existing point of
Sl. Name of Proposed Time
structure STPs treated
No Nala STPs lines
provided provided sewage/divert
ed sewage
I&Ds at through into River
Divyashak trunk Musi.
ti sewers
Apartment.
4 Kukatpall Pickup STP of 17 STPs Two The treated
y Nala weir of 190 capacity 5 with years sewage is
MLD MLD at capacity meeting the
capacity at Rangadamu 376.50 standards and
Balanagar. ni lake. MLD MLD is discharged
75 &165 STP of into river Musi.
MLD capacity 12
capacity at MLD at
Fathenaga Kajakunta.
r
30 &44
MLD
capacity at
Prakashna
gar.
100 &150
MLD
Capacity
I&Ds at
Necklace
Road
5 Picket 186 MLD 30 MLD Proposed Two The treated
Nala Capacity capacity STP to years sewage is
I&D at at Pattigada additional meeting the
Ministers / standards and
Road enhancem is partly used
ent of 60 for avenue
MLD plantation and
capacity partly
discharged
into lake for
25
Disposal
I&D Existing point of
Sl. Name of Proposed Time
structure STPs treated
No Nala STPs lines
provided provided sewage/divert
ed sewage
sustainability.
3. Action Plan proposed for Prevention of Sewage Pollution to Hussainsagar Lake Catchments and River Musi through Comprehensive Sewerage Master Plan:
3.1 Construction of Sewage Treatment Plants for treatment of sewage:
i. Construction of STPs for Hussainsagar Lake Catchment:
It is proposed to take up 17 STPs with a capacity of 376.5MLD at an estimated cost of Rs.1280.87 Crores including O&M for 15 years in the catchment area of Hussainsagar Lake.
ii. Construction of STPs for River Musi Catchment (excluding H.S.Lake catchment):
It is proposed to take up 14 STPs with a capacity of 883 MLD at an estimated cost of Rs.2585.34 Crores including O&M for 15 years in the catchment area of River Musi.
3.2 Development of Sewer Network:
i. Development of sewer network for Hussainsagar Lake Catchment:
It is proposed to develop sewer network of 831.78 Km length of laterals, sub-mains and trunk sewers 26 covering the catchment area at Kukatpally & Quthubullapur circles at a cost of Rs.1231.04 Crores.
ii. Development of sewer network for River Musi Catchment (excluding H.S.Lake catchment):
It is proposed to develop sewer network of 1400.14 Km length of laterals, sub-mains and trunk sewers covering the catchment area at Uppal, Kapra, Malkajgiri, Alwal, Serilingampally, Rajendranagar & L.B.Nagar circles at a cost of Rs.2491.79 Crores.
The above project proposals are under process of sanction under various modes of financing at Government level.
4. Monitoring of Hussainsagar Lake:
4.1 Hussainsagar Lake water quality:
TSPCB is carrying out monitoring of water quality of Hussainsagar Lake every month at following 9 locations: -
1. Hussainsagar lake outlet at Boats club
2. Hussainsagar lake outlet at Viceroy Hotel
3. Hussainsagar lake at Necklace road
4. Hussainsagar lake Opposite NTR garden
5. Hussainsagar lake at Lepakshi Handicrafts
6. Hussainsagar lake at Midstream at Budha statue
7. Hussainsagar lake at Sanjeevaiah Park
8. Hussainsagar lake at Sailing club
9. Hussainsagar lake at Bridge-I inlet The water quality reports for the period from January 2020 to July 2020 are annexed as Annexure-I. 27 The water quality of Hussainsagar lake fluctuates between Class-D and Class-E during the period January to July 2020.
The water quality of Hussainsagar lake at 5 locations i.e., (1) Hussainsagar lake outlet at Boats club, (2) Viceroy Hotel, (3) Necklace road, (4) Opposite NTR garden and (5)Lepakshi Handicrafts falls under Class-D i.e., for designated use of Propagation of Wild life and Fisheries. The remaining 4 locations i.e., Hussainsagar lake at (1) Midstream at Budha statue, (2)Sanjeevaiah Park, (3) Sailing club and (4) Bridge-I inlet, water quality falls under Class-E i.e., for designated use of Irrigation, Industrial Cooling, Controlled Waste disposal.
4.2 Monitoring of feeder channels:
TSPCB has monitored 5 feeder channels joining Hussainsagar lake on 01.07.2020. As per the analysis reports, BOD values are ranging between 44 to 84 mg/L, COD values are ranging between 153 to 293 mg/L. The analysis report is annexed as Annexure-II. Sediment samples were also collected from 5 feeder channels on 03.06.2020 and analysed for 6 heavy metals i.e., copper, nickel, zinc, cadmium, Lead and Total Chromium. There is no specific standard prescribed for the heavy metals in the sediments. However, the heavy metal concentrations are ranging as follows:
Copper - 0.45 to 8.4 mg/kg
Nickel 0.3 to 0.68 mg/kg
Zinc - 1.3 to 3.4 mg/kg
Cadmium - 0.2 to 0.9 mg/kg
Lead - Not Detectable
Total chromium - 0.2 to 1.2 mg/kg
28
The TSPCB has also carried out analysis at various points in the feeder channels for any chemical contamination and from the analysis it is observed that there was no presence of any organic compounds. The same is annexed as Annexure-III.
4.3 Hussainsagar Lake sediment analysis:
TSPCB has carried out Hussainsagar Lake sediment analysis on 14.02.2020 at the following locations of Hussainsagar lake.
1. Hussainsagar lake outlet at Boats club
2. Hussainsagar lake outlet at Viceroy Hotel
3. Hussainsagar lake Opposite NTR garden
4. Hussainsagar lake at Lepakshi Handicrafts
5. Hussainsagar lake at Midstream at Budha statue
6. Hussainsagar lake at Sailing club
7. Hussainsagar lake at Bridge-I inlet The sediment samples were analysed for 6 metals i.e., copper, nickel, zinc, cadmium, Lead and Total Chromium.
There is no specific standards prescribed for heavy metals in sediments.
The concentration of copper is ranging between 0.27 to 2.38 mg/kg, nickel is ranging between 0.08 to 1.63 mg/kg, zinc is ranging between 1.05 to 3.9 mg/kg, cadmium is ranging between 0.2 to 0.3 mg/kg, lead is ranging between 0.25 to 3.7 mg/kg and total chromium is ranging between 0.15 to 0.34 mg/kg. The analysis report is annexed as Annexure-IV.
The sediment samples were analysed for Toxicity, Corrosivity, Leachability, Procedure (TCLP), the analysis report shows that all the 5 metals are within the standards of USEPA prescribed hazardous waste TCLP 29 standards, which shows that the sediment samples are non-hazardous. The analysis report is annexed as Annexure-V.
5. Measures taken for improve of Lake Water Quality:
HMDA deployed floating trash collectors for removal of the water Hyacinth and floating material on day to day basis.
Amphibious excavator and Dredge Utility Craft machines are also procured to desilt the lake bed.
Bio-remediation intervention is also taken up since 2018 with a objective to enhance the DO levels.
6. Prevention of industrial pollution joining Hussainsagar Lake:
i. The Kukatpally nala receives sewage from two main nalas i.e., Jeedimetla nala and Kukatpally nala both of which are passing through IDAs and confluences at Dobhighat near Fathenagar and Prakashnagar and connected to the trunk sewer main namely "K&S Main" which was laid from Balanagar to downstream of Hussainsagar Lake ultimately joining STP at Amberpet.
ii. Measures taken to control industrial pollutionin Hussainsagar Lake:
a. Establishment of CETP at Jeedimetla to treat the industrial effluents from the member units and the treated effluents disposing through pipeline connected to K&S main which ultimately joins STP at Amberpet for further treatment.
b. The outlet of CETP is regularly monitored. The CETP has provided Online Continuous Effluent 30 Monitoring System (OCEMS) and the data is connected to CPCB and TSPCB servers. The CETP is meeting the discharge standards.
c. TSPCB has introduced Online Manifest System and GPS based effluent tankers tracking system for the effluents transported to CETP.
d. Seven highly water polluting industries have effluent generation more than 25 KLD have established Zero Liquid Discharged Systems for the treatment of effluents and reuse of treated effluents for boiler and cooling tower make up purposes.
e. The Board is monitoring the industrial area continuously through Night Patrolling Team to prevent any illegal discharges into Nala.
f. The TSPCB constituted a dedicated monitoring team in the year 2019 for monitoring of industries, nalas in Jeedimetla area.
g. Continuous Online Analysers for water quality installed at Fatehnagar I&D structure (inlet of Hussainsagar Lake) and outlet of Hussainsagar Lake.
h. No industry or CETP is permitted to discharge any treated or untreated effluents outside their premises. In case of any unauthorised illegal discharges or dumping, such industries are being reviewed by the Task Force Committee of the Board comprising of Expert External Members from Indian Institute of Chemical Technology (IICT), Indian Institute of Technology (IIT), Hyderabad and National Institute of 31 Pharmaceutical Education & Research (NIPER), Hyderabad. Based on the recommendations of the Task Force committee, Board is taking actions such as issue of Closure Order / Stop Production Order / Directions / Forfeiture of Bank Guarantee. During the period from January 2015 to December 2019, the Board issued Closure Orders to 45 industries in the Jeedimetla area.
With the implementation of Comprehensive Sewerage Master Plan for Hyderabad City including Catchment area of Hussain sagar lake, water quality in Hussain sagar lake and river Musi will be improved to desired level to achieve bathing standards (i.e., BOD < 3 mg/l and FC < 500 MPN / 100 ml)."
7. It is seen from the objections filed by the applicant to the Joint Committee report that certain other things were also to be reported by the committee which they omitted to consider in the report. Further, it will be seen from the report submitted by the State of Telangana, that Government orders have been issued on 11.09.2020 granting administrative sanction for 17 STPs which the committee has recommended for the purpose of meeting the situation to avoid pollution on nallahs which ultimately reaches Hussainsagar Lake to protect Hussainsagar Lake from pollution being caused.
328. It was mentioned by the learned Additional Advocate General that the other sewage drains were already diverted to the existing STPs, so as to avoid discharge of untreated sewage into the Hussainsagar Lake and that will take into account prevention of pollution being caused to the Hussainsagar Lake.
9. However, in order to ascertain as to whether the temporary measures that has been taken by them will be sufficient to protect the lake from pollution and also to ascertain the objections raised by the applicant in her objection to the committee report, we feel that it is necessary to direct the same committee which was appointed by this Tribunal to go into these aspects and submit a further report in this regard and if any further steps needs to be taken as a temporary measure till the STPs are established and functioning, the committee is also directed to give their recommendations for that purpose which will effectively protect the Hussainsagar Lake being polluted by the discharge of untreated sewage being drained from these areas.
10. The committee is also directed to conduct the analysis of the quality of the water from the nallahs and also Hussainsagar Lake , so as to ascertain as to whether there is any improvement in the water quality after the alleged temporarily measures have been taken by the Government in this regard.
3311. The committee is directed to submit the report to this Tribunal on or before 22.12.2020 by e-filing along with necessary hard copies required as per rules.
12. The State of Telangana is directed to submit the interim status report and also progress of the work of establishment of STPs and also the implementation of the directions given by the Principal Bench of National Green Tribunal in respect of polluted river streches such as Musi River in State of Telangana which is one of the rivers, which is likely to get water from these nallahs and also from Hussainsagar Lake.
13. The Registry is directed to communicate this order to the members of the committee and also to the Chief Secretary of State of Telangana for their information and compliance of the directions issued by this Tribunal.
14. For consideration of further report, post on 22.12.2020.
.....................................J.M. (Justice K. Ramakrishnan) ...............................E.M. (Shri. Saibal Dasgupta ) O.A. No. 85 of 2015 14th September, 2020. Sr. 34