National Green Tribunal
Pradeep Kumar vs Union Of India on 3 August, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 03 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 348/2021
Pradeep Kumar & Anr. Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 03.08.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Akash Vashishtha, Advocate
Respondent: Mr. Atif Suhrawardy, Advocate for CPCB
ORDER
1. Grievance in this application is against discharge of sewage on open land, roads, internal lanes and the storm water drains in 93 villages of Greater Noida including Accheja, Sadullapur, Vaidpura, Sunpura, Bhola Rawal, Saini, Kheri, Bhanauta, Khairpur Gujjar, Milak Lachchhi, Patwadi, Roja Jalalpur, Bisrakh Jalalpur, Shyorajpur, Kailashpur, Habeebpur Satyana, Dereen, Khodna Khurd, Tilapta Karanvaas, Tusyana, Devla, Surajpur, Malakpur, Gujarpur, Sadoupur, Jaan Samana, Bisnoli, Khera Dharampura, Chapraula, Dhoom Manikpur, Roopvaas, Kathera, Chitherea, Maycha, Rampur, Mathurapur, Khera Dharampura, Itehera, Haibatpur, Chamri Milak, Roka Yakubpur, Aemnabad, Jalpura, Kulesra, Makoda, Thaap Khera, Junpat, Palla, Pali, 1 Bodaki, Datavli, Sakipur, Raipur Bangar, Dabra, Dhadha, Ajayabpur, Rithori, Ghori Bachhera, Deri Maccha, Deri Skinner, Khodna Khurd, Chipyana Bujurg, Chipyana Khurd, Aamka, Chakrasenpur, Ramgarh, Lakhnaavli, Birondi and Bironda.
2. It is further stated that due to the blockage of storm water drains with solid waste, plastic waste, construction and demolition waste or other kinds of waste in storm water drains in these villages, the sewage/wastewater spills over to the roads, causing them to break away frequently and causing recurring wear and tear of the roads. Villagers are compelled to clean their sewage/wastewater filled drains themselves and drink polluted water as most of them cannot afford purifying RO or other systems. The applicants have also filed photographs in support of the averments and also letter of the Greater Noida Industrial Development Authority (GNIDA) under RTI Act, 2005 to the effect that only 29 out of 122 villages have operational sewerage system.
3. Finding that the above averments depicted unsatisfactory state of affairs and rampant violation of provisions of Water (Prevention and Control of Pollution) Act, 1974 and "Public Trust Doctrine" laid down in M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388 and failure of the authorities to enforce citizens' right to clean environment and the principle of Sustainable Development laid down inter-alia in A.P. Pollution Control Board v. Prof. M. V Nayadu, (1999) 2 SCC 718 and Vellore Citizens Welfare Forum v. Union of India & Ors, (1996) 5 SCC 647, vide order dated 04.01.2022, the Tribunal constituted a joint Committee of CPCB, State PCB, GNIDA, District Magistrate, Gautam Budh Nagar and Secretary, Urban Development, UP to look into the matter and 2 take remedial action. The Committee was to file an action taken report before the Tribunal.
4. Accordingly, an action taken report has been filed by the Committee through the State PCB on 29.07.2022 mentioning the joint inspection undertaken on 01.04.2022. It is stated that sixteen de- sludging points were provided for septic tanks as per Annexure-III. About 35% households were connected to sewerage line. There was no sewage disposal into open drain. Findings, observations, conceptual plan and recommendations of the Committee are as follows:-
"3.0 FINDINGS
1. Grey water from the households flow into the drains. Grey water generated from washing of animals (including buffalos and dogs), vehicles, andcleaning of household premises also leads to the drains. In addition, buffalo dung which is not managed properly by the households also reach the drains causing major problems to the flow (Relevant pictures in the Annexure-V). Schematic diagram showing disposal of used water from households in drains in attached as Figure 1.
2. The settlements in villages were pre-existing. The villages depend on Onsite sanitation systems like septic tanks for wastewater management. Septage management measures as suggested by MoHUA has been provided for the villages by GNIDA. GNIDA has provided facility for disposal of septage collected by desludging vehicles into the existing sewerage system to enable co-treatment of septage in the STP. There are 16 faecal sludge receiving points (Annexure-VI)constructed in the existing sewerage network which covers all villages within 10km distance as per SBM guideline1(Map for reference in Annexure- VII). GNIDA has also brought in a process for registering desludging operators and registered them (Process and advertisement for registration in Annexure-VIII). The desludging operators have been given multiple trainings on safe handling of septage and provided them with PPE kits by GNIDA (Photos attached in Annexure-IX). The process of septage management is shown in Figure 2.
3. As part of its phased development GNIDA has included all the villages in its sewerage plan for the city. Consequently, GNIDA has been providing sewer network coverage and connectivity to STP for the villages in a phased manner. Household level connections in villages are provided by GNIDA. 3
4. All villages have already been provided with internal sewer network. Connectivity of this network with the STP is completed in 35 villages and work is under progress to connect the remaining villages with the STP. Out of these 80 villages, 49 villages shall be connected to STP by 2024.IIT has been requested to prepare plan for connecting remaining villages to STP.
5. There is no shortcoming from GNIDA as it has provided safe septage management options and sewer network coverage and is progressing towards shifting those villages whichdepend on septage management system to sewer network system. 4.0 OBSERVATIONS As per section 24 of The Water (Prevention and Control of Pollution) Act, 1974, the untreated wastewater should not be discharged into any stream or well or sewer or on land without the consent of State Pollution Control Board. However, in the present case, untreated sewage from 80 villages isbeing managed through safe septage management options. Septage from households is disposed in desludging points built by GNIDA in its sewer network.
The Sewage Management Plan of any ideal city includes connection of all households to sewerage system, conveyance system (includes sewer lines and pumping stations), STP and treatment within prescribed norms. The current status of sewage management of 115 villages of Greater Noida indicates that sewerage network is available. As per action plan of GNIDA, all villages will have the facility of sewerage system, STPs by the year 2027.
GNIDA has provided 16 desludging points in which septage from 80 villages is being safely disposed. The data provided by GNIDA shows that wastewater generation in villages varies in the range of 0.5 MLD to 03 MLD.
Considering the hydraulic load of wastewater generated from 80 villages and current grey water management practice, it is proposed that natural decentralized treatment system within the village may be adopted and treated water may be allowed to get discharged into ponds available in village. Similar concept plan was referred in the judgement dated 05.04.2020 of Hon'ble NGT in the matter of O.A no. 170/2021 titled; NoorulSeharLari Vs State of U.P &ors. Salient features of concept plan are reproduced in next section.
CONCEPT PLAN With the approach of suggesting the wastewater and septage management for small size village typical of the subject area, it is pertinent to come out with a concept of grey water management 4 with minimum power requirement, low cost and easy manoeuvrability. In specific case of the subject area, the hydraulic and organic load of wastewater, terrain / geography and practices of sewage management, it is recommended that GNIDA should adopt best economical practices of grey water management as per the guidelines / manuals of Ministry of Housing Urban Affairs (MoHUA), Govt. of India.
MoHUA has issued National Policy on Fecal Sludge and Septage Management and manual on Sewerage and Sewage Treatment Systems in cities with less than 1 lakh population. MoHUA guidelines developed under Swachh Bharat Mission are available to ensure that no untreated fecal sludge or used water is discharged into the environment. The used water (including sewerage and septage, grey water and black water) is safely contained, transported and treated, along with maximum reuse. Further, MoHUA has a provision for funding under the following scheme/ interventions:
1. Desludging equipment, for scheduled and need-based desludging of all septic tanks;
2. Interception and diversion of drains (I&D) (including last mile connectivity for nearest sewer network);
3. Construction of Fecal Sludge Treatment plants (FSTPs) for used water treatment.
In view of above facts, sewerage management plan for 80 villages in GNIDA can be formulated with following suggestive approach:
1. To start with, villagers must ensure that the design of septic tank at each households conforming to guidelines of CPHEEO (Annexure-X). Such approved designs shall not only provide a basic tool for sewage/septage treatment, but also ensure proper (primary) digestion of fecal sludge/septage as a pre-requisite for its environment friendly disposal.
2. Further, Manual on Sewerage and Sewage Treatment Systems published by Central Public Health and Environmental Engineering Organization (CPHEEO), Ministry of Housing and Urban Affairs, Govt. of India, has envisaged Onsite sanitation system wherein, design of septic tank as per user requirement are defined.
3. Septage waste of septic tank is required to be managed as per National Policy on Fecal Sludge and Septage Management.
4. Regular cleaning of septic tanks through a systematic extraction and collection procedure is essential to check environmental pollution. The frequency of cleaning is determined by the desired performance of the OSS (Onsite sanitation) system for the local conditions.
5. Collected septage waste shall be disposed off into nearby Sewage Treatment Plants (STPs) for further treatment and safe disposal.5
6. For treatment of septic tank's combined overflow and other domestic wastewater, Waste Stabilization Pond or Decentralized Wastewater Treatment System (DEWATS) are recommended.
7. The natural Ponds which are typical of the subject area, given its flat(gentle) topography, can be exploited for the purpose of Waste Stabilization.
8. Waste Stabilization Ponds (WSPs) are large, man-made water bodies in which blackwater, greywater or fecal sludge are treated by natural processes under the influence of sunlight, wind, microorganisms and algae .
Such ponds can be used individually, or linked in a series for improved treatment. There are three types of ponds, (a) anaerobic, (b) facultative and (c) aerobic (maturation), each with different treatment and design characteristics. WSPs are noted with their low Operation and Maintenance cost and high removal of BOD and pathogens. However, large surface areas and proper design are a prerequisite.
9. Another self-driven system (referred in S.No. 06 above), is DEWATS system. This system is recommended for isolated habitations typical of the subject area, where there is a need for non-mechanized and self-operating treatment technology, given the premise that adequate land area is available. This system requires to group the toilets or at least bring the sewage from the various centers to the DEWATS facility. The typical treatment in the facility includes:
i. Pre-treatment settler: retention time of about 2 hours;
BOD reduction by about 30% ii. Anaerobic Baffled Tank Reactor: retention time of about 24 hours; BOD reduction by about 80% iii. Anaerobic filter: retention time of about 8 hours; BOD reduction by about 90% iv. Planted gravel filter: retention time of about 36 hours;
BOD reduction by about 90% v. Polishing pond Specific design details of WSP and DEWATS can be referred (Annexure-XI)
10. For the sake of taking reference to operational systems working on the above suggested technological interventions, case study of NeelaHauz and Rajokri Lake in Delhi may be referred, which work principally on DEWATS / WSP system. In both the cases, weak sewage of small region is collected and provided with the treatment through self-driven natural system and treated water is stored in low-lying area to form lake / pond which may be further developed as a recreational facility. Specific details of case study of NeelaHauz and Rajokri Lake also mentioned in CPCB's Published Document (Report on Alternate Treatment Technologies for wastewater in drains). Relevant portion of report is attached (Annexure-XII) 6 5.0 RECOMMENDATION
1. To ensure that proper drainage system is available for open drains carrying grey water(washing animals, vehicles and household premises)/ storm water overflow generated in different parts of the town upto the natural ponds designated in the subject area
2. The ponds collecting domestic wastewater from different parts of the subject area may be considered for execution of Conceptual Plan in the First Phase as system of self-driven, low-cost and with least energy input mechanism of sewage treatment. The decentralized system comprising of sewage treatment provided with system (sectors) for anaerobic digestion, gravel-bed-filtration, phyto remediation and natural oxidation. The final treated waste water stored (in ponds) can be used for recreation by proper landscaping. All the sectors / unit of treatment shall be designed to ensure gravitational flow, thus minimizing use of (electrical) power. A working example similar to the Conceptual Plan proposed above, can be referred at NeelaHauz and Rajokri Lake, Delhi.
3. National Policy on Faecal Sludge and Septage Management and manual on Sewerage and Sewage Treatment Systems of MoHUA may be referred by GNIDA.
4. Interception of storm water drains into main sewerage system so that no untreated sewage should be discharged into Hindon River.
5. Septage Management regulations should be formulated so that illegal discharges into open drainage system can be regulated. District Administration and Police Department should be made aware of the list of desludging point and all aspects of Septage Management."
5. However, the applicant submits that though it is stated in the report that there is drainage system/sewerage system or de-sludging system, the inspection report annexed as Annexure II mentions that the drains of the village are chocked and overflowing and sewage from village Saini is going to the pond. Similarly, drains of village Vaidpura are chocked and sewage is overflowing and going to the pond. In village Sadullapur also, sewage is going into the pond through the drains. Position of other villages may be same. Water quality of the said ponds has not been given. Annexure -V shows that cow dung is flowing into the drain with which the buffalos are being bathed. Thus, grey water from the house holds is flowing into the ponds/drains against statutory mandate 7 under Section 24 of the Water (Prevention and Control of Pollution) Act, 1974. It is necessary to enforce the mandate of the Water Act and prevent any discharge of sewage into the drain. The water quality of the drain must meet atleast the laid down bathing standards as per Entry 93 of Schedule I, Environmental (Protection) Rules, 1986. Source of potable water needs to be protected from contamination.
6. Learned counsel for the applicant has made following suggestion in the written note:-
"
A. Only 16 faecal sludge receiving points in the existing sewerage network for 80 villages is far too inadequate and effective to remove and dispose the vast quantities of sludge/slit generated from the households of the villages. The number of sludge receiving points in the existing sewerage system for 80 villages must be increased. There must be at least one sludge/silt receiving point for each village, given the vast population size of each village in the Greater Noida area. B. Greater Noida Authority must have a decentralized system of taking care of the sewerage issues of the villages. The authority must set up local sanitation stations/sub-offices where work force could be deployed, for a cluster of 3-5 villages. Provisions of directly attending to the calls of the local villagers must be made at such stations/sub-offices for effective redressal of wastewater/sewage/sludge/pollution related issues. This may be done until a permanent action plan is prepared and implemented by the authority and even thereafter.
C. Number of sludge/silt transportation vehicles must be significantly increased by the Greater Noida authority for effective and speedier disposal of the sludge/silt/wastewater. D. Septage management by village households must be monitored and checked by expert agencies as most of the septage tanks installed by households is unscientific and improper, Several households have septic tanks just close to the hand pumps and borewells, resulting in strong chances of percolation of such sewage/waste waters and contamination of the ground water (which has already become polluted). E. It is prayed that this Hon'ble Tribunal may direct for a more effective report by an appropriate committee." 8
7. We have considered the material on record and heard learned Counsel for the applicant and noted his suggestions.
8. It is seen that the observations in the inspection reports are not fully reflected in the main report. The report shows that the grey water is flowing into the drains but the inspection report further show that the sewage is overflowing into the drains and going to the ponds which fact is not mentioned in the main report. The recommendations however show that proper drainage system needs to be ensured to prevent overflow of sewage upto the natural ponds. Ponds need to be protected and kept free from pollution. As recommended, decentralized system of sewage system needs to be followed and treated water waste stored in ponds for proper landscaping. The interception of storm water drain is required so that sewage goes into the sewerage system. It does appear that existing sewerage network for 80 villages is inadequate as there are only 16 fecal sludge receiving points. The suggestion that there has to be atleast one sludge receiving point in each village needs to be explored. Decentralized system of sewerage in villages needs to be set up. Septage management needs to be monitored by designated authorities/statutory regulators.
9. Though as evident from Annexure III all villages have been provided with internal drainages but are yet to be connected to main sewer line which ultimately has to reach established 174 MLD STP. We further find that only 110-120 MLD is treated against the 174 MLD installed capacity. It is utmost necessary that all households and other establishments are connected to sewers to make use of laid sewer line otherwise, it will remain defunct. No waste water be allowed to go into pond and within three months, the ponds in question be remediated and water quality be improved.
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10. Sanitation and proper hygiene in villages is imperative for clean environment and protection of public health in terms of Article 243W read with Schedule XXII to the Constitution. It is a matter of common knowledge that 93 villages in question adjoining Greater NOIDA are practically part of urban area. Sewerage systems need to be upgraded and if necessary appropriate charges can be collected online or otherwise from the inhabitants. The area is notified under the U.P. Industrial Development Act, 1976 whereunder Greater NOIDA Authority has been constituted. The joint Committee already constituted needs to further monitor compliance to ensure that there is no overflow of sewage in the drains and the same is not discharged into water bodies - ponds/drains. The same must be scientifically managed either in STP or by traditional water treatment facilities, to be duly approved and monitored by the authorities keeping in mind the need for hygiene and public health. The treated sewage water needs to be duly utilized for non-potable purposes - agriculture, washing of roads and other such purposes. In the interest of public health, the residents may be persuaded to have sewage connections and the authorities may explore levying charges against all the residents so that connections are not be avoided for saving the charges. The entire exercise be completed in time bound manner, preferably within three months. The Committee may also consider the best practices at other places in the country. The CEO, Greater Noida may remain present by V.C. with the action taken report on the next date.
List for further consideration on 14.12.2022. 10 A copy of this order be forwarded to CEO, Greater Noida, CPCB, State PCB, GNIDA, District Magistrate, Gautam Budh Nagar and Secretary, Urban Development, UP by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM August 03, 2022 Original Application No. 348/2021 A 11