National Green Tribunal
Abhisht Kusum Gupta vs Mr. Mukesh Agarwal on 30 July, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 04 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 1002/2018
(I.A. No. 137/2021)
Abhisht Kusum Gupta Applicant
Versus
State of Uttar Pradesh & Ors. Respondent(s)
Date of hearing: 30.07.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Abhisht Kusum Gupta, in person
Respondent(s): Mr. Balendu Shekhar, Advocate for EDMC
Mr. Ravindra Kumar, Advocate for NOIDA Authority
Mr. Pradeep Misra and Mr. Daleep Dhyani, Advocates for UPPCB
Mr. Narender Pal Singh, Advocate for DPCC
Mr. Aman Bhalla, Advocate for CPCB
ORDER
1. The issue for consideration is the remedial action for preventing untreated sewage going to the "irrigation canal" in Sector 137, NOIDA.
Sources of such discharge include non-functional/deficient STPs in 95 high rise buildings in Noida, industries as well waste water from upstream from Delhi and Ghaziabad from into the said canal which join Yamuna and then Ganga. NOIDA, Ghaziabad Nagar Nigam, Delhi Jal Board (DJB), East Delhi Municipal Corporation (EDMC) and Nagar Palika Parishad, Khoda Makanpur are the identified authorities required to take the remedial action based on the verification report to which reference will be made hereafter. It is established that there is huge amount of water 1 pollution much beyond prescribed norms to the detriment of environment and public health. Needless to say that the said water is used by living beings and for irrigation and pollution is source of deaths and diseases which are criminal offences under the law of the land and there are designated authorities entrusted with the task of stopping it. However, it is failure of the said authorities which has been matter of consideration in the matter.
2. The matter has been dealt with by various orders in the last more than two years, in the light of the reports of the Committee appointed by the Tribunal to ascertain the factual status. In the report of CPCB dated 01.11.2019, steps to be taken by NOIDA, Ghaziabad Nagar Nigam, Delhi Jal Board (DJB), East Delhi Municipal Corporation (EDMC) and Nagar Palika Parishad, Khoda Makanpur were recommended as follows:-
Sl. Department Directions issued u/s 5 of EPA, 1986 No
1. NOIDA i. To develop time bound action plan to stop discharge of untreated wastewater to 30 drains.
ii. To intercept all drains and channelize wastewater to STPs so that no untreated wastewater is discharged to Noida drain.
iii. To deposit an Interim Environmental Compensation of Z 1,00,00,000
2. Ghaziabad i. To establish sewerage network and treatment Nagar Nigam facility to treat sewage generated from Khoda village.
ii. To Deposit an Interim Environmental Compensation of 1,00,00,000
3. DJB i. To initiate legal proceedings against the residents of GD colony, Gharauli village and Kondli village, Delhi having failed to take sewer connections.
ii. To ensure that each building under their jurisdiction shall have sewer connection so that current practice of discharge of untreated sewage into storm water drainage system should be stopped.
24. EDMC i. To direct dairy farms to develop decentralized treatment facility so that their untreated waste shall not be discharged to DDA drainage system ii. To ensure that untreated dairy waste including animal dungs from Gharuli village should not be discharged into storm water drain. Challan / Legal action shall be initiated against such violators.
5. Nagar Palika Show cause notice issued to explain the reasons as Parishad to why action should not be taken against Nagar Khoda Palika Parishad Khoda including levying of Makanpur Environmental Compensation for discharge of untreated sewage to drainage system of Delhi. Copy of directions is attached as Annexure-I
3. The report further stated that CPCB called a meeting of the concerned Authorities and conducted inspection noticing high level of water pollution in the drains as follows:-
Table 1: Analytical Results of Drain Si. Sample Location Physico-Chemical Bacteriological No. Parameters Parameters pH COD BOD TSS Total Fecal Coliform Coliform (MPN/100m (MPN/100m1)
1) Water Quality of Noida Drain at different locations
1. Budh Vihar, 7.56 444 219 330 13 79 X105 Sector-11, Noida X106
2. S-14, New Kondli 7.55 433 217 352 23 23 X106 Road, Sector-11, X106 Noida.
3. Sector-50, Noida 7.72 169 68 84 11 68 X105 Link Road. X106
4. Sector-137, India 7.78 186 71 65 13 13 X106 TV Metro X106 Station, Noida.
5. Noida drain at 7.84 145 60 89 - -
regulator
6. Noida drain at 7.82 163 46 83 78 78 X105 before X105 Confluence with river Yamuna Water Quality of adjoining drains of Noida Drain
7. Khoda village 7.54 314 107 194 78 20 X105 X105 3
8. Drain merges 7.70 182 100 63 46 46 X106 with Noida drain X106 at Sector-142, Advant Navis Buisness IT Park, Noida.
Note: All units are measured in mg/I except Fecal Coliform and pH.
BOD concentration at entrance of NOIDA, U.P is 219 mg/1 whereas Fecal coliform count is 20 X 10 5 .
However, concentration of BOD before confluence point is 46 mg/1 and Fecal coliform count is 78 X 10 5 MPN/100 ml. The results indicate that although there is marginal improvement in water quality as the drain travels through NOIDA but still concentration level of BOD and Fecal Coliform at the confluence point of drain with Yamuna is quite high."
44. The action taken report and recommended further action were in the form of following table:-
"4.0 SUMMARY OF ACTION TAKEN BY CONCERNED AGENCIES Based on the inspection made, analytical results of the samples collected from drains and action taken report of concerned agencies, summarized report is placed below:
Si. Department Directions of CPCB and NGT Status report Recommendations No
1. NOIDA i. To develop time bound action i. Noida authority made representation Noida authority shall prepare time plan to stop against the direction and EC imposed bound action plan either to discharge of discharge o by CPCB on 01/07/2019. Copy attached untreated waste throughaforesaid 30 f untreated wastewater to 30 as Annexure-V. drains. Alternatively, all such drains be drains. ii. Reply of representation was made on intercepted and taken to STPs so that no ii. To intercept all drains and 19/07/2019 and hearing was conducted on untreated wastewater flows to Noida drain.
channelize wastewater to STPs so that 23/07/2019 and Noida authority was no untreated wastewater is discharged further directed to ensure compliance of to Noida drain. CPCB directions.
iii. To deposit an Interim iii. Representative of NOIDA has informed Environmental Compensation of Rs. during the meeting on 01.10.2019 1,00,00,000 that committees being constituted for iv. Hon'ble NGT directed to submit identification and taking action on high rise furnish performance guarantees buildings discharging untreated waste and in the sum of Rs. 1 crore each to to identify villages which are discharging the satisfaction of CPCB waste into drain undertaking to take remedial iv. Action plan in compliance to actions in terms of the directions direction issued not submitted till date of the CPCB, failing which the v. Environment Compensation was not said amount will be forfeited submitted till date.
vi. Performance Bank Guarantee not submitted till date.
52 Ghaziabad i. To establish sewerage network i. Ghaziabad Nagar Nigam vide letter dated Nagar Nigam and treatment facility to treat 24.06.2019 clarified that the Khora village falls sewage generated from Khoda under the jurisdiction of Nagar Palika Parishad village. Khoda Makanpur. Copy attached as Annexure-
ii. To Deposit an Interim VI.
Environmental Compensation of
1,00,00,000
iii. Hon'ble NGT directed to submit ii. Accordingly, show cause notice issued to Nagar
furnish performance guarantees Palika Parishad Khoda Makanpur vide letter
in the sum of Rs. 1 crore each to dated 24.09.2019.
the satisfaction of CPCB
undertaking to take remedial
actions in terms of the directions of the CPCB, failing which the said amount will be forfeited 6
3. DJB i. To initiate legal proceedings against i. Action plan of DJB was received vide letter i. DJB shall expedite and complete the residents of GD colony, Gharauli dated 22/07/2019. Copy of letter is the interception of 03 adjoining village and Kondli village, Delhi having attached as Annexure-VII. drain in failed to take sewer connections. ii. Representative of Delhi Jal Board informed Delhi segment by December, 2019. ii. To ensure that each building under that special camps were organized residents ii. DJB should initiate legal their jurisdiction shall have sewer to take sewer connection. proceedings against connection so that current practice iii. 732 number of notice issued to residents of residents of GD colony, Gharauli of discharge of untreated sewage into Kondli and Gharauli. village and Kondli village on account storm water drainage system should It was also informed that 3 drains of PWD of their reluctance and failure to take be stopped. carrying wastewater shall be tapped and sewerage connections. iii. Hon'ble NGT directed to submit conveyed to Kondli STPs for treatment. iii. DJB shall ensure that each furnish performance guarantees in Interception of drains will be finished by building under their jurisdiction the sum of Rs. 1 crore each to the December, 2019. shall have sewer connection so satisfaction of CPCB undertaking to v. Performance Bank Guarantee not submitted that take remedial actions in terms of the till date current practice of directions of the CPCB, failing which discharge of untreated sewage into the said amount will be forfeited storm water drainage system should be stopped.
74. EDMC i. To direct dairy farms to develop i. EDMC has informed during the meeting i. EDMC should ensure that decentralized treatment facility so that 591 Challan issued to residents of untreated dairy waste including that their untreated waste shall not be Kondli and Gharauli for disposing their animal dungs from Gharuli village discharged to DDA drainage system. wastewater into drain and Show-Cause should not be discharged into storm ii. To ensure that untreated dairy waste notice is also issued to illegal dairies for water drain. Challan / Legal action including animal dungs from Gharuli discharging waste in drain. shall be initiated against such village should not be discharged into violators. storm water drain. Challan/Legal ii. East Delhi Municipal Corporation ii. The dairy farms be shifted to outskirt action shall be initiated against such Veterinary Services Department Vide of the area in a time bound manner. violators. email dated 31/10/2019 provided the iii. Hon'ble NGT directed to submit action taken report indicating action furnish performance guarantees in taken against the illegal dairy farms at the sum of Rs. 1 crore each to the Gharoli colony. Copy attached as satisfaction of CPCB undertaking to Annexure-VIII. take remedial actions in the terms of iii. Performance Bank Guarantee was not the directions of the CPCB, failing submitted. However, it was informed that which the said amount will be same was approved by Competent forfeited. Authority and will be submitted in one week time.
5. Nagar Palika Show cause notice issued to explain i. Executive officer of Khoda Nagar Parishad i. Khoda Nagar Palika should developed Parishad the reasons as to why action should has informed during the meeting that at facility to tap untreated water of Khoda not be taken against Nagar Palika present there is no infrastructure facility to Khoda village and should discharge Makanpur Parishad Khoda including levying of treat and tap waste from Khoda colony. only treated water to drainage system Environmental Compensation for ii. Further, no reply received till date. of Delhi. discharge of untreated sewage to ii. Directions for submission of drainage system of Delhi. performance guarantee in the sum of Rs. 1 crore by Ghaziabad Nagar Nigam to CPCB may refer to Nagar Palika Parishad Khoda Makanpur.
85. The Tribunal directed action to be taken by the concerned authorities accordingly and further observed as follows:-
"5. The CPCB has further recommended as follows:
"Based on observation made by the inspection team including Dr. C.R. Babu, it is further recommended that in-situ treatment of Noida drain in Noida stretch be carried out as immediate measure for treatment of wastewater of NOIDA drain.
As, the Noida drain falls under the jurisdiction of UP Irrigation Flood Control Department and it is suggested that in-situ treatment may be carried out jointly be NOIDA authority and UP Irrigation Flood Control Department in consultation with Dr. C.R. Babu."
6. In view of above, UP Irrigation Flood Control Department and NOIDA Authority may take further remedial action expeditiously which may be overseen by the Principal Secretary, UP Irrigation and Flood Control Department and the Chairman, NOIDA Authority. The Chairman, NOIDA Authority will act as a nodal agency for coordination and compliance which may be further overseen and coordinated by the CPCB.
7. The CPCB may furnish a status report in the matter before the next date by e-mail at [email protected]."
6. The matter was last reviewed on 06.11.2020 in the light of the reports of the NOIDA Authority and CPCB. The Tribunal, noticing serious deficiencies and statutory violations, directed remedial action within three months. Operative part of the order is reproduced below:-
"1to5.....xxx...............................xxx.......................................xxx 9
6. In pursuance of above, NOIDA has filed reports dated 15.09.2020 and 05.11.2020 while CPCB reports are dated 15.05.2020 and 29.10.2020. It will be suffice to refer to the last reports of NOIDA and CPCB. The report of the CPCB dated 29.10.2020 is as follows:-
"ACTION TAKEN BY CPCB In compliance to the directions of Hon'ble NGT, CPCB has taken following action:
1. Directions of Hon'ble NGT communicated to CEO, NOIDA vide letters dated 19/03/2020, 12/05/2020 and 13/08/2020 to provide progress report in the matter. Copy of letter is attached as Annexure-I.
2. NOIDA vide letter dated 15/09/2020 has submitted updated action taken report and future action plan to CPCB for abatement of pollution of NOIDA drain. Copy of letter is attached as Annexure II
3. Further, CPCB has examined the proposed action plan and observations communicated to NOIDA authority vide letter dated 28/09/2020. Copy of letter is attached as Annexure-III.
4. CPCB communicated to Principal Secretary, Urban Development, Uttar Pradesh vide letter dated 28/09/2020 for submission of action plan for treatment of wastewater discharging from Khora Nagar Palika. Copy of letter is attached as Annexure-IV. Reply is still awaited.
5. CPCB also requested Delhi Jal Board (DJB) and East Delhi Municipal Corporation vide letter dated 28/09/2020 to submit the status report on action plan of untreated sewage of Kondli and Gharoli area (Delhi Catchment area) into Kondli drain. Copy of letter is attached as Annexure-V
6. Delhi Jal Board vide letter dated 15/10/2020 informed that as per action plan trapping of drains contributing wastewater discharge into Kondli drain from Delhi catchment was completed in January, 2020. Copy of letter is attached as Annexure-VI."
7. .....xxx...............................xxx.......................................xxx 10
8. Learned counsel for the NOIDA stated that only 57 societies have been inspected out of 95 and the remaining societies are to be inspected. Wherever deficiencies have been found, action has been initiated and reference has also been made to the State PCB. Learned counsel for the DJB states that action has been taken on its part. However, there is no response from the EDMC and the Secretary Urban Development, UP in respect of action at Khoda Nagar Parishad, Makanpur.
9. Learned counsel for EDMC, on instructions says, that there is a proposal to shift the dairies but that is not possible in absence of land. We find this excuse untenable only to avoid responsibility. The plea raised is not a justification for permitting violation of law by the dairies to the detriment of the rights of the citizens. To enforce rule of law and prevent the causing of pollution and hazard to the health of the inhabitants, activities operating in violation must be forthwith stopped and compensation recovered for the violations. Prosecution may be initiated and source of pollution may be closed. DPCC must also take necessary action on its part. If the EDMC remains non- compliant, the Commissioner will be personally held responsible. Let the compliance report be file within two months 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.
10 With regard to the action against erring high-rise buildings in Noida, further steps be taken expeditiously and compensation assessed by a joint Committee of CPCB, State PCB, NOIDA and District Magistrate, NOIDA within three months.
11. The Secretary, Urban UP may also ensure compliance of action by the Nagar Palika Parishad, Khoda Makanpur."
7. Matter has been reviewed today after almost eight months but it is a matter of great regret that no meaningful steps have been taken showing utter disregard to the Constitutional duties of the authorities to the human rights of the citizens and to the environment, apart from obligation to carry 11 out binding directions of this Tribunal though failure to comply is itself a criminal offence under the NGT Act punishable with imprisonment and fine of 25 crore, with head of the concerned government department being also responsible. Action taken reports filed by the NOIDA Authority and joint Committee comprising of EDMC, DPCC and CPCB establish violations clearly. NOIDA Authority has filed reports 15.02.2021, 19.03.2021 and 29.07.2021 which are almost repetition with no marked improvement except mechanical change of date. The reports do not even claim any improvement in water quality compared to the water quality two years ago. Also, there is no meaningful coercive action taken against law violators for continuing crime. The statutory regulator - State PCB has equally failed to perform statutory obligation inspite of rampant violations.
So has the State Police failed to proceed against any one though cognizable IPC offences are being committed. We may refer to the report of the NOIDA Authority dated 29.07.2021 in tabular form:-
Sr. Action plant with Follow up action No proposed timelines as submitted before 1 A Committee has been 1).The committee as constituted by the constituted to inspect high NOIDA AUTHORITY has made:: inspection rise building's STP and to at 57 high rise societies. There are total evaluate the performance of 95 nos. of Grodp: Housing Societies out of every STP. The Committee which 43 nos. of project are completed will examine whether the and 52' nos. of societies have got partial STP to perform standard occupancy certificate. The inspection of parameter. It operates in a 55 percent high rise societies has been 12 compliance manner and completed. Status report of their STPs discharges only the treated are as follows:-
effluent in the passing drain, post utilizing the treated Sr. Name of Location STP Status waste-water at their end. No. Societies
1. M/s Granite GH-03 Sewage is The defaulters are to be Great Sector - being identified and recommended Properties 100 discharge in for environment Ltd. C-23, open drain.
compensation for non- Greater Notice has Kailash been issued by compliance of NGT orders. Enclage, Part Noida More stringent action will be - I, New Delhi authority and taken against the builders discharge of as per Noida Authority rules untreated sewage has (Time required - 1 year) been stopped.
2. M/s Paras GH-01D Discharging Season Haven Sector - sewage in Pvt. Ltd. 168 open drain.
GH01D, Penalty of Rs.
Sector 168, 80,000/- has
Noida (Paras been imposed
Season for violation of
Society) NGTs
Environmental
norms.
Discharge of
untreated
sewage has
been stopped.
3. M/s Supertech GH-1A STP is
LTd. plot No. Sector- functional but
B 28&29, 74 not
Sector 58, performing
NOIDA standard
(Supertech norms. EC
Capetown recommended
for Rs.
2,45,000/-
4. M/s Skytech GH 01D STP
Construction Sector - Construction
Pvt. Ltd. Plot 76 is not
No. GH-01D completed so
Sector 76 non-functional
NOIDA and locked. EC
(Skytech recommended
Matrott) for Rs.
90,00,000/-
5. M/s Amrapali Sector Untreated
Silicon City 76 sewage is
being
discharged
into drain
from back side
of society
through long
pipeline. EC
recommended
13
for Rs.
91,25,000/-
6. Assotech Sector STP not
Windsor Court 78 constructed.
EC
recommended
for Rs.
53,00,000/-
7. M/s Antkriksh GH -05A STP functional
Developers Sector but not
and 78 properly
Promoters Pvt. maintained.
Ltd., Plot no. EC
GH - 05A, recommended
Sector 78, for Rs.
NOIDA 3,20,000/-
(Antriksh Golf
View - II)
8. M/s Sunshine GH-05B Constructed
Infrawell Pvt. Sector but not
Ltd. Plot No. 78 functional.
GH-05B Sector Notice sent.
78, Noida Reply
(Sunshine received.
Helion)
9. M/s G.S. GH-01C, STP under
protors pvt. Sector construction
Ltd. GH-01 C, 78 no
Sector 78 maintenance
Noida (Sikka staff
Karmik) available. EC
recommended
for Rs.
55,05,000/-
10. M/s Orian GH-01/B STP not
infrabuild Sector constructed.
pvt. Ltd. Plot 78 EC
no. GH-01/B, recommended
Sector 78, for Rs.
Noida (Aditya 91,25,000/-
Urban Casa)
11. M/a Aims Max GH-01, STP not
Gardenia Sector functioning
Developers 75 properly. EC
Pvt. Ltd. GH- recommended
01, Ecocity for Rs.
Sector 75, 3,25,000/-
NOIDA
12. Aims Max Sector STP Not
Gardenia 75 functional. EC
Developers recommended
Pvt. Ltd. GH- for Rs.
08, Sector - 89,55,000/-
75, NOIDA
13. Aims Max GH 12 STP functional
Gardenia Sector but not
Developers 75 maintained
Pvt. Ltd. GH- properly. EC
12, Ecocity, recommended
14
Sector - 75, for Rs.
Noida 3,25,000/-
14. M/s Valuent GH-16 Applied for
Developers Sector - Jal/Sewer
Pvt. Ltd.Plot 75 connection.
No.H - 169, Compliance
Sector 63, not received
NOIDA
(Valuent infra
developers)
15. M/s Maxbils GH-17 STP not
Construction Sector properly,
Pvt. Ltd. Plot 75 notice sent.
No. 17, Eco Compliance
city, Sector - received.
75, NOIDA
(Max Villas
GH-17)
16. M/s GH-06 STP Found
Paramount Sector - working.
Towers Pvt. 137 Compliance
Ltd, plot no. not received
GH-06, Sector
137. Noida,
Paramound
floraville
17. M/s Gulshan GH-07A STP found
Homes Pvt. Sector working.
Ltd. Plot No. 137 Compliance
GH 07A, not received.
Sector 137
Noida
(Gulshan
Vivante)
18. M/s Imperaial GH-01 STP Not
Housing Sector working
Ventures Pvt. 137 properly.
Ltd. 11th Compliance
Floor, Paras not received
Twin Tower,
Sector 54,
Gurgaon,
Haryana
(paras Tierra)
19. M/s Logix GH-02 STP not found
Infrastructure Sector - working in full
Pvt. Ltd. GH- 137 capacity. EC
02 Sector 137 recommended
(Blossom for Rs.
County) 2,90,000/-
20. M/s Supertech GH-03 STP found
Ltd, Plot no, Sector - working.
GH 3 Sector 137 Compliance
137, Noida received
(Supertech GP
housing)
21. Purvanchal Sector STP found
Society GH-4 137 working.
Compliance
not received
15
22. M/s Exotica GH-05A STP found
Housing, Pvt. Sector - working.
LTd. GH-05A, 137 Notice sent.
Sector 137, Compliance
(Frexco received
PRasco)
23. M/s M.P.G. GH-07B STP not found
Realty Pvt. Sector - working.
Ltd. Plot No. 137 Notice Sent.
GH-07B, Compliance
Sector - 137, not received.
Noida (Ajnara
Home)
24. M/s I.V. GH-05 STP is
County Pvt. Sector - functional but
Ltd, Plot No. 121 not
GH-05, Sector performing
- 121, Noida standard
(Cleo Country) norms.
25. M/s Ajnara GH-01B STP is
India Pvt. Ltd. Sector functional but
Plot no. GH- 74 not
01B Sector performing
74, Noida standard
(Ajnara grand norms
heritage
26. M/s J.M. GH-01C STP functional
Housing Ltd. Sector
Plot No. GH 76
01C, Sector
76, NOIDA (JM
Orchid)
27. Antriksh Sector STP not
Forest 77 functional
28. M/s Great GH -02 STP functional
Value Projects Sector -
India Ltd. plot 107
no. GH-02,
Sector 107,
NOIA (Great
Value
Sharnam
Society)
29. M/s Sunworld GH-01B STP not
Developers Sector - functional
Pvt. Ltd. Plot 107
No. GH-01B,
Sector 107)
Noida
(Sunworld
Vanalika
Society)
30. Prateek GH-01A STP functional
Infraprojects Beta-02
India Pvt. Ltd. Sector
GH-01A (Beta- 107
2), Sector -
107, Noida
(Prateek
16
Edifice
Society)
31. Lotus Sector STP
Boulvard Plot 100 functional
no. 3
32. M/s Claud-9 GH-02 STP not
Projects Pvt. Sector functioning
Ltd. Plot no. 100 properly
229, Okhla
Industrial
Estate, New
Delhi (Lotus
Spacia Plot
No. GH-02)
33. M/s Sethi GH-02B STP not
Buildwell Pvt. Sector functional
Ltd. Plot NO. 76
GH-01B,
Sector 107,
NOIDA( Shathi
Max')
34 M/s Logix GH-01 STP not
Infratech Pvt. Sector - functional
Ltd. No. GH- 143
01, Sector -
143, NOIDA
(Logix
Blossom
Green)
35. M/s Logix City GH-02 STP not
Developers Sector - functional
Pvt. Ltd. Plot 143
No. GH-02,
Sector 143,
NOIDA (Logix
Blossom Zest)
36. M/s Amrapali GH-03 STP is not
Zodiac Sector - working
Developers 120
Pvt. Ltd. Plot
No. GH-03
Sector 120
NOIDA
Amrapali
Zodiac
37. M/s RG GH-02 STP is not
Residency Pvt. Sector working
Ltd. Plot NO. 120
GH-02 NOIDA,
RG Buildtech
38. M/s Gaursons GH-04 STP Not
India Pvt. Ltd. Sector- constructred
Plot No. GH-04 119
Sector 119,
NOIDA (Gaur
Grander)
39. M/s Eldeco GH-03 STP is in
Infrastructure Sector - running
& Properties 119 condition but
Ltd. Plot No. maintenance
17
GH-03, Sector records are
119 NOIDA not provided
(Eldco
Amantran)
40. Gulshan Sector - STP functional
Ikwana 143
Sector, 143,
NOIDA
41. Aditya Sector STP not
Celebration 76 constructed
Sector - 76 sewer line of
NOIDA society
connected to
main sewer
line of NOIDA
Authority
42. Prateek Sector STP working
Winsteria 77 properly
Sector - 77,
NOIDA
43 Elite Homez Sector STP found in
Sector -77 77 proper
NOIDA functional
44. Civitech Sector STP not
Sampriti 77 functioning
Sector -77 properly
NOIDA
45. Grahpraresh Sector STP found in
Sector 77 77 proper
NOIDA functional
46. Ajnara Sector STP found not
Defodril 137 working
Sector - 137,
NOIDA
47. Supertech Sector STP found
Ecocity, 137 working
Sector - 137,
NOIDA
48. Prateeck Sector STP
Stylon 45 functional.
Samples of
treated water
collected.
49. NRI city Sector STP
Homes 45 functional.
Samples of
treated water
collected.
50. Gardenia Sector STP found
46 working
51. Jalvayu Sector STP found
Tower 47 working
52. Eldeco Sector STP found
Ananda 48 working
Apartment
53. Pearls Sector STP
Gateway 44 functional.
Towers Samples of
treated water
collected.
18
54. Assotech Sector STP not
44 constructed
55. Steller Green Sector STP not
44 constructed.
Inspection on
18.03.2021
56. Antkrish Sector STP under
Kanball 77 construction
57. Amrapali Sector - STP not
Shaphire-I, 45 constructed
GH-01
58. Mahagun Sector Notice Sent by
Society, Sec- 78 NOIDA
78
59. Golf City, Sec- Sector Notice sent by
75 75 NOIDA
60. Antriksh Golf Sector- Notice sent by
View-I, Sec-78 78 NOIDA
61. Amrapali Sector- STP was
Platinium 119 operational.
Sample of
treated water
collected for
testing. Notice
Sent.
62. Prateek Sector- STP was
Loreal 120 operational.
Sample of
treated water
collected for
testing. Notice
Sent.
63. Ananya, Sector- STP under
Sector 119 119 construction.
50 units
occupied so
far. Notice
Sent.
64. ATS One Sector- STP was
Hemlet 104 operational.
Sample of
treated water
collected for
testing. Notice
Sent.
65. Homes-121 Sector- STP was
121 operational.
Sample of
treated water
collected for
testing. Notice
Sent.
66. Victory Sector- STP was
Crossward 143 operational.
Sample of
treated water
collected for
testing. Notice
Sent.
19
67. Sikka Sector- STP was
Karnam 143 operational.
Greens, Plot Sample of
No. 1(A) treated water
Sector-143B collected for
testing. Notice
Sent.
68. Gulshan Sector- STP was
Ikebana 143 operational.
Sample of
treated water
collected for
testing. Notice
Sent.
69. Aakriti Sector- STP was
Shanti 143 operational.
Niketan Sample of
treated water
collected for
testing. Notice
Sent.
70. Amrapali Sector- STP not
Shaphire-II 45 constructed.
GH-03
Inspection of societies has been affected due to Covid-19,that is the reason of slow progress, so it is requested to kindly grant extra time in addition to compliance period. Inspection report and photographs enclosed (Annexure-A).
2. In compliance with Hon'ble Joint Inspection with UPPCB team is carried NGT directions and Water out as per norms prescribed by State Pollution Prevention Act-1976, joint Control Board at different industries inspections with UPPCB Location:-
team will be conducted at 1. M/s Sandeep Paper Mill, Sector-06:
different sections/location STP found functional and performing and violators to be standard norms prescribed by CPCB appropriately prosecuted. copy of the consolidated report is Committee shall also check attached herewith for your kind perusal untapped sewer lines of please.
individuals/builders/ 2. M/s Body Care International Ltd., D- villagers and same shall be 247/13, sector-63: There was no informed to concerned arrangements for treatment of untreated department for necessary effluent. Untreated effluent was action. (Time Required- 1 discharging into Noida drain. A sample year) of untreated effluent analyzed and found not match the prescribed limits.
Report sent to board head office to penalize the industries for non-
compliance of Water (Pollution control) article 1974.
203. M/s Halidram Snacks Pvt. Ltd., Plot no. A-11, Sector-68: ETP found functional and report of treated water analyzed and found according to norms as prescribed by CPCB.
4. M/s Anand Electro Platers, B-87-88, Sector-10: ETP found functional and sample of treated water has been analyzed at regional office and found as per norms as prescribed by CPCB.
5. Location Village-Harola, Notice has been issued to villagers to stop discharging polluted water in drains.
They are directed connect to waste water pipes into existing sewer lines.
Notice issued to 1. House No.V-71, 2.
House No. V-68, 3. House No. V-17 of village Harola.
6. M/s. Nitya Electro Controls Pvt. Ltd.
Plot No. C-47, Sector 81, Phase-II, Noida:
ETP not installed. CTO not obtained.
Notice sent by UPPCB. Letter sent to E.E.(PVVNL) for electric disconnection.
7. Inspection made on 14 nos.
washing/dyeing plants in village-
Bahlolpur, Sector-65, Noida: ETP no installed C.T.O. not obtained. Letter sent to E.E. (PVVNL) for electric disconnection.
8. Inspection made on 3 nos.
washing/dyeing plants in village-
Asagarpur, Sector-128, Noida: ETP no installed C.T.O. not obtained. Letter sent to E.E. (PVVNL) for electric disconnection.
(Annexure-B)
3. Proposals for strengthening There are total 10 (ten) identified, sewer of existing sewerage strengthening works. Five works out of ten network amounting to Rs. are almost completed that is of 75 percent of 19.77 Cr. Have been the targeted. The updated information sheet submitted and same are to having details of works is attached herewith be executed on priority as (Annexure-C) basis. (Time Required-2 years)
4. Noida Authority in Noida has 6 nos. of STPs constructed at anticipation of future different places. Existing Capacity of STPs is projected load has already 21 planned to put more STPs of 231 MLD. Sewage generation on an average capacity 180MLD as is 215 MLD. (Present) planned by WAPCOS in The STP project having capacity 180 MLD is place to accommodate the in progress.
future load of sewerage Vide C.B. No mention below effluent discharge of city. C.B. No. 14/GM®/AO/SM (OA)/2020-21 Dt. (Time Required-4 years) 03.09.2020 for 80 MLD C.B. No. 15/GM®/AO/SM (OA)/2020-21 Dt.
03.09.2020 for 100 MLD
Physical progress 6.00% and 20%
respectively.
Work is expected to be completed in two years.
5. 100 Nos. of Public Toilets (Work completed) and 56 Nos. of Community The inspection of these public and community Toilets have been toilets is conducted on a regular basis. The constructed. In addition to copy of these weekly inspection reports is that mobile toilets have been attached herewith as Annexure-D. installed at slum/remote areas under ODF scheme of Here, we would like to assure the Hon'ble Govt. of India. All Toilets are Bench that all the toilets are fully functional regularly monitored for and operating in a compliant manner.
proper functioning and
maintenance. All the Nos of Public Toilets :- 104
community/Public Toilets Nos of Pink Toilets :- 08
are connected with the (for ladies specially)
existing sewerage network. Nos. of Community Toilets:- 56
(Work completed.) Nos. of Urinals :- 104
All above are fully functional.
6 Total 22 Nos of desludging Work Completed
points have been Report already placed before with the Hon'ble
constructed at last sewer bench vide the afore referred letter dated
manhole near SPS (Sewage 20.12.2019 already submitted.
Pumping Station). Sewage
from different public
Toilets/slum areas is
collected and discharged in
these decanting points by
registered sewage
decanters heavy vehicles
fitted with GPS. (Work
Completed)
7 We are in process of Action Plan for the In-situ remediation and
developing in situ treatment rejuvenation of Noida drain using
using constructed wetland Constructed Wetland System and by
technique for Noida drain in development of biodiversity park has been
22
consultation with Prof. C R submitted by Dr. C R Babu. Detailed Project
Babu (CEMDE, University of Report (DPR) has been framed by Irrigation
Delhi). Six constructed Department accordingly, which is vetted by
wetland system each Dr. C. R. Babu with reference to CPCB letter
covering a stretch of 500 file no. A-14011/1/2020 UPC-1 dated
meter length have been 28.09.2020. Work awarded vide
proposed for abatement of Agreement No. 31/SE/2020-20201 dated
organic load of Noida drain 03.04.2021, date of start 03.04.2021 dated
(Time Required - 1.5 years) of completion 02.07.2021. Work in progress in physical progress of 20 %. Photograph enclosed 8 Special drivers have been (Work completed) carried out against The drives to ensure encroachment free encroachers on drains embankments are carried by the embankment of drains and respective Work Circle Incharge. The copy of same has been maintained the recent summarized reports with so disposal of untreated photographs as carried by the respective waste water into drains has work circles indicate no encroachment on the been stopped. All drain's embankments are placed encroachments on the embankment of these 30 drains will be removed within next one year. (Time Required-1 year) 9 Noida will arrange further Noida has invited WAPCOS vide letter no.
study by WAPCOS/EIL to Noida/DGM(Jal)/2020/139 Dt. 07.09.2020 evaluate feasibility of to carry out feasibility study to intercept 30 intercepting sewer scheme drains and connect these drains to main as a long-term remedial Sewer lines.
measure based on the study Further WAPCOS has assessed volume of report further action will be work and estimate has been approved by taken accordingly. competent authority for the same Draft M.O.U. (Time Required- 3 Years) has been submitted for approval from competent authority. Some small drains to be intercepted by Noida as its own end. and for other major drains design/data system study is in progress. Work will be completed in further Six months.
8. Similar is the situation in Delhi and other concerned locations.
Though EDMC on behalf of the joint Committee has filed a report 08.07.2021 mentioning steps of sealing dairies but there is no report on water quality from which control of pollution can be established. No 23 concerned officer is present and on repeated questions during the hearing, no Counsel is able to state that there is any improvement on the issue of control of pollution. Withholding of such vital information from which progress could be measured in hearing taking place after eight months, gives rise to the only inference that attempt is to conceal inaction in taking steps to prevent and control pollution. Thus, crime is continuing without meaningful action on the part of statutory authorities, including the police.
The report is as follows:-
"3. During the meeting dated 02.06.2021, officers/officials of DPCC, CPCB & EDMC (Nodal Agency) had unanimously decided to conduct joint survey for Gharoli Dairy colony, Gharoli Village and Kondli Village on three different dates i.e., 04.06.2021, 05.06.2021 & 07.06.2021 and then to start sealing action against the illegal dairies.
4. That as decided in the meeting dated 02.06.2021, team consisting officers of three different authorities jointly conducted inspection survey in GHAROLI DAIRY COLONY, GHAROLI VILLAGE& KONDLI VILLAGE on 04.06.2021, 05.06.2021 & 07.06.2021. It is submitted that while conducting the survey, some of the dairy owners had created massive hindrance and forcefully deleted the photographs taken of illegal dairy from the official's Mobile of the team. The incident was brought to the knowledge of SHO, P.S. Ghazipur and thereafter adequate assistance of police personnel helped in conducting the survey peacefully. Copy of the inspection report dated 04.06.2021, 05.06.2021 and 07.06.2021 are attached herewith as ANNEXURE B (from page 11 toll, ANNEXURE C (from page 12 to 15) respectively.
Details of the inspected unit of illegal dairies in three various areas are as follow:24
A. GHAROLI DAIRY COLONY:
Unit details given in the earlier filed EMDC's 51 ATR:
(Filed on 25.05.2021)
(i) Sealed / vacant dairy units due to EDMC's action 22
(a) Sealed by EDMC -04 (04+18)
(b) Premises were found vacant during sealing drive of EDMC - 18
(ii) Action was expected by EDMC post lockdown: 29 Dairy Units found during inspection of 3 different 58 authorities (04+18
(a) Sealed by EDMCs' action : 04 +36)
(b) Premises which were found vacant during earlier sealing drive of EDMC: 18 (c) Existing dairies : 36 B. GHAROLI Village Dairy units found during inspection of 3 different authorities : 5 C. Kondli Village:
Dairy units found during inspection of 3 different authorities : 1
5. After conducting inspection, sealing action were carried out on 10.06.20218511.06.2021 by the joint team in the light of minutes of meeting dated 09.06.2021. Copy of the minutes of meeting dated
09.06.2021 is attached herewith as ANNEXURE D (from page 16 to
18).
6. That based upon the inspection report of all three authorities, sealing action drive was conducted by EDMC on two dates i.e., 10.06.2021 85 11.06.2021 on the basis of joint survey report in the presence of DPCC 85 CPCB with the assistance of local police forces. During sealing drive, wherever illegal dairies were not functional and the operators had removed their cattle from the respective places, affidavits and photographs were taken from the occupier so that same place may not be used for dairy purposes in any manner in future. However, wherever dairy activity were found running, premises were 25 sealed immediately. Copy of the affidavits were taken from the occupier are attached herewith as ANNEXURE E (from page 19 to
162).
Details of the sealed and vacant premises in three various areas are as follow:
A) Gharoli Dairy Colony:
Sealing action drive by 3 different authorities for total: 58 (04+18+36) (a) Sealed dairy units due to EDMC's action: 04
(b) Premises which were found vacant sealing drive of EDMC: 18
(c) Existing dairies were closed: 36 (All 36 owners also gave affidavit for not using the premises for dairy purposes even in future:
B) Gharoli Village SEALING action drive by 3 different authorities for total: 7 (While doing the sealing drive, 1 more unit was found having dairy activities thus earlier6 unit increased to 7)
(a) Sealed by the committee consisting by 3 different authorities: : 6
(b) Existing dairy found closed : 1 (01 (one) owner gave affidavit for not using the premises for dairy purposes ever in future).
C KONDLI VILLAGE SEALING action drive by 3 different authorities for total: 1
(a) Existing dairy found closed: 1 (01(one) owner gave affidavit for not using the premises for dairy purposes ever in future).
Copy of the sealing action drive carried on 10.06.202185 11.06.2021 in the presence of all three authorities are attached herewith as ANNEXURE F (from page 163 to 166...) and ANNEXURE G (from page167 to167 respectively.
7. That based upon the inspection and sealing drive carried out by all three authorities, DPCC also issued closure direction and Show Cause Notice for imposing EDC on dated 16.06.2021. As per report of DPCC furnished to the answering corporation, Prosecution process is also being launched against 66 dairy units. Copy of the DPCC's ATR 26 dated 16.06.2021 is attached herewith as ANNEXURE H (from page 168 to 234)."
9. We have heard learned counsel for the parties and considered the reports. It is clear from the report of the NOIDA Authority that inspection has been carried out only on 12 more high rise societies out of 95, even though more than eight months have passed after the last order when this Tribunal was informed that 57 societies had been inspected. The report clearly shows that serious violation of law is continuing in the form of discharge of untreated sewage in open drain by many of the societies -
some have not constructed STPs and some have not functional STPs.
Thus, the Irrigation canal in question which is coming from Delhi (Kondli) and joining river Yamuna after crossing from Village Khoda and NOIDA, continues to be polluted due to sewage disposal. As per action taken report in Delhi, Dairies causing disposal of waste water and dung have been sealed. Impact of such action on recipient drains is not mentioned in absence of which claim of sealing of dairies is difficult to be accepted. There is no statement that the drains in question have been intercepted and diverted to STP and that no waste water is being discharged from Delhi. This needs to be ensured by the DJB/EDMC/DPCC. In case of Khoda Parishad, the waste water in the area needs to be collected and diverted to the STP. In Noida, treatment of 27 sewage generated by the Societies has to be ensured and treated effluents utilised for secondary purposes. Standards for disposal of sewage into irrigation or storm water canal have to be of fresh water to give effect to the mandate of the Water Act. Noida drain joins river Yamuna and thus untreated sewage cannot be discharged therein.
10. There is no meaningful action of registering criminal cases and arresting concerned violators, blacklisting the entities, withdrawing statutory consents, recovering compensation for restoration measures.
Many industries are discharging untreated sewage with impunity as if law of the land does not exist and crime is free. As already mentioned, such pollution is criminal offence not only under the Water (Prevention and Control of Pollution) Act, 1974 but also under Chapter XIV of the IPC.
Adverse effect in terms of deaths and diseases is well known. The violations are not only of statutory provisions but also judgments of the Hon'ble Supreme Court inter-alia in Paryavaran Suraksha case1 prescribing timeline within which water treatment plant have to be in place as also direction of this Tribunal requiring coercive measures against violators in the form of stopping the polluting activities, initiating prosecution and recovering of compensation. Unfortunately, not a single person is shown 1 (2017) 5 SCC 326 28 to have been prosecuted inspite of categorical observations in the reports of the statutory regulators. There is no dearth of statutory powers of NOIDA Authority, District Magistrates, SEIAA, UP and State PCB as well as UP Police. Surprisingly, counsel for NOIDA stated that NOIDA is helpless as it has no power. There is, thus, clear failure of constitutional obligation of the said authorities, rendering the heads of such institutions personally accountable for such failure for the punishable crime. The said authorities have failed to realise that they are occupying the position of high trust and are meant to protect the public health and environment and not to just enjoy position and perks at the cost of miseries of the innocent citizens. By their own showing they have continued to be mute spectators of serious crimes against humanity. Sufferers are helpless citizens whose constitutional right to clean environment remain on paper.
We alert the higher authorities of the State to remedy the situation by action against failing heads of statutory authorities in performing their responsibility in the interest of protection of environment and public health and constitution rights of the citizens and as a measure of good governance.
11. In view of above grim situation, we direct Additional Chief Secretary, Forest and Environment, UP, Secretary, Urban Development, UP, CEO, 29 NOIDA Authority, District Magistrate, NOIDA, Vice Chairman, GDA, Police Commissioner, NOIDA, IG, Meerut (with regard to area falling in UP) and Chief Secretary, Delhi and Special Commissioner of Police, East Delhi (for area in Delhi) to hold in house meeting in coordination with concerned departments within fifteen days to take stock of the situation and plan remedial action. Action should include accountability of the erring officers, preventing discharge of pollution in the drain, coercive measures against violators - housing societies or others by registering criminal cases, initiating prosecution, assessment and recovery of compensation for the past violations, black listing of the concerned entities such as construction companies, in exercise of their statutory powers, following due process of law. The Tribunal expects meaningful improvement in the situation to prevent serious violations affecting the right to life, which violations have been continuing since long, without any meaningful action. In Delhi, claim of EDMC/DPCC of sealing of Dairies needs to be verified with reference to destination of effluents. DJB needs to confirm that due to interceptions of drains, no sewage or any other effluent is discharged into drain entering Noida. Water quality of drain/ irrigation canal before entry in UP needs to be checked. In UP, it needs to be verified whether management of sewage by the Societies and by the Noida Authority and its utilization in 30 quantifiable terms is as per norms and if not, what is remedial action and coercive measures against the violators. The efficacy of treatment may be assessed in terms of Fecal Coliform also. UP PCB has to clarify whether permission has been granted by Irrigation Department for discharge of sewage and industrial effluents into the drain and on what conditions. If so, how such conditions are being enforced. Noida has to explain Sewage management status for the area including the sewage generated by the Societies. CPCB has to file a separate report on standards applicable to discharge in drains/canals and whether standards of fresh water/ flood water apply to such situation in the light of the Water Act. Further, status of sewage management in Khoda area is also to be verified.
12. The Additional Chief Secretary, Forest and Environment, UP, Secretary, Urban Development, UP, CEO, NOIDA Authority, District Magistrate, NOIDA, Vice Chairman, GDA, Police Commissioner, NOIDA, IG, Meerut and Chief Secretary, Delhi and Special Commissioner of Police, East Delhi may remain present in person by video conference along with their action taken reports.
List for further consideration on 15.11.2021.
31A copy of this order be forwarded to Additional Chief Secretary, Forest and Environment, UP, Secretary, Urban Development, UP, CEO, NOIDA Authority, District Magistrate, NOIDA, Vice Chairman, GDA, Police Commissioner, NOIDA, IG, Meerut, Chief Secretary, Delhi and Special Commissioner of Police, East Delhi, DPCC, EDMC and DJB by email for compliance.
We do not find any merit in I.A. No. 137/2021 seeking direction to use untreated sewage for agriculture which is dismissed.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Brijesh Sethi, JM Dr. Nagin Nanda, EM July 30, 2021 Original Application No. 1002/2018 A 32