National Green Tribunal
Abhisht Kusum Gupta vs Mr. Mukesh Agarwal on 25 February, 2020
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 1002/2018
(With report dated 01.11.2019)
Abhisht Kusum Gupta Applicant(s)
Versus
State of Uttar Pradesh & Ors. Respondent(s)
Date of hearing: 25.02.2020
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
HON'BLE MR. SIDDHANTA DAS, EXPERT MEMBER
For Applicant(s): Mr. Abhisht Kusum Gupta, in person
For Respondent(s): Mr. Ravindra Kumar, Advocate for NOIDA
Mr. Aman Bhalla, Advocate for CPCB
Mr. Daleep Dhyani, Advocate for UPPCB
ORDER
1. The issue for consideration is the remedial action for preventing untreated sewer waste going to the irrigation canal in Sector 137, NOIDA.
2. Vide order dated 11.09.2019, this Tribunal considered the matter in the light of report from the concerned authorities as follows:
"3. A joint report was considered on 30.07.2019 and directions were issued to EDMC, DJB, NOIDA Authority and Ghaziabad Nagar Nigam to furnish performance guarantee in the sum of Rs. 1 crore each for the remedial action.
4. The application has been filed by the Ghaziabad Nagar Nigam to the effect that Khoda village is in the jurisdiction of Nagar Palika Parishad, Khoda Makanpur and not in the jurisdiction of Ghaziabad Nagar Nigam. The applicant seeks modification to the effect that performance guarantee may be 1 required to be furnished by Palika Parishad, Khoda Makanpur instead of Ghaziabad Nagar Nigam.
5. We are of view that instead of going into the controversy whether area falls in the jurisdiction of Ghaziabad Nagar Nigam or Palika Parishad, Khoda Makanpur, we may direct the Secretary Urban Development, UP to furnish such performance guarantee and ensure compliance of order dated 30.07.2019. Ordered accordingly."
3. In the light of above, a report has been filed by the CPCB on 01.11.2019 as follows:
"2.0 DIRECTIONS ISSUED BY CPCB AND HON'BLE NGT CPCB has issued directions under section 5 of the Environment (Protection) Act, 1986 to EDMC, DJB, Ghaziabad Nagar Nigam (GNN), and NOIDA vide letter dated 06/06/2019 and Nagar Palika Parishad Khoda Makanpur vide letter dated 24/09/2019 for taking action for abatement of pollution of Noida drain. Details of directions are mentioned below:
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.
4. 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.
25. 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
6. Hon'ble In addition, NGT directed EDMC, DJB, NOIDA NGT Authority and the Ghaziabad Nagar Nigam to furnish directions performance guarantees in the sum of Rs. 1 crore each to 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 3.0 FOLLOW-UP ACTION BY CPCB
1. Noida authority made representation against the direction and EC imposed by CPCB on 01/07/2019. Reply of representation was made on 19/07/2019 (copy attached as Annexure-II) and hearing was conducted on 23/07/2019 and further directed to ensure compliance of directions. Copy of minutes is attached as Annexure-III.
2. Central Pollution Control Board convened meeting with officers of Delhi Pollution Control Committee (DPCC), Delhi Jal Board (DJB), East Delhi Municipal Corporation (EDMC), NOIDA Authority, UP Irrigation Flood Control Department, Nagar Palika Parishad Khoda Makanpur and Uttar Pradesh Pollution Control Board (UPPCB) on 01/10/2019 for further follow-up on action taken by concerned authorities. Minutes of meeting is attached as Annexure-IV.
3. Joint inspection Joint inspection of drains with Dr C R Babu, Emeritus Professor, University of Delhi with concerned agencies was conducted on 15.10.2019 to identify suitable locations for in-situ treatment and verify the progress made so far.
Samples were also collected from different locations of drains at Delhi and Noida, U.P to ascertain the extent of organic loadings and Fecal coliform on 15.10.2019. Analytical results are depicted in Table 1.
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 3
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
8. Drain merges 7.70 182 100 63 X105 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."
4. The report has also annexed status of action taken by the concerned agencies and further recommendation of CPCB as per following table:
4"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 plan i. Noida authority made representation Noida authority shall prepare time to stop discharge of untreated against the direction and EC imposed bound action plan either to discharge of wastewater to 30 drains. by CPCB on 01/07/2019. Copy attached untreated waste throughaforesaid 30 ii. To intercept all drains and as Annexure-V. drains. Alternatively, all such drains be channelize wastewater to STPs so that no untreated wastewater is discharged ii. Reply of representation was made on intercepted and taken to STPs so that no to Noida drain. 19/07/2019 and hearing was conducted untreated wastewater flows to Noida drain.
iii. To deposit an Interim on 23/07/2019 and Noida authority Environmental Compensation of Rs. was further directed to ensure 1,00,00,000 compliance of CPCB directions. iv. Hon'ble NGT directed to submit iii. Representative of NOIDA has informed furnish performance guarantees in during the meeting on 01.10.2019 the sum of Rs. 1 crore each to the that committees being constituted for satisfaction of CPCB undertaking identification and taking action on high rise to take remedial actions in terms of buildings discharging untreated waste and the directions of the CPCB, failing to identify villages which are discharging which the said amount will be waste into drain forfeited iv. Action plan in compliance to direction issued not submitted till date v. Environment Compensation was not submitted till date.
vi. Performance Bank Guarantee not submitted till date.
5 2 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 sewage generated from Khoda falls under the jurisdiction of Nagar Palika village. Parishad Khoda Makanpur. Copy attached as ii. To Deposit an Interim Annexure-VI. Environmental Compensation of 1,00,00,000 iii. Hon'ble NGT directed to submit furnish performance guarantees ii. Accordingly, show cause notice issued to in the sum of Rs. 1 crore each to Nagar Palika Parishad Khoda Makanpur vide the satisfaction of CPCB letter dated 24.09.2019. undertaking to take remedial actions in terms of the directions of the CPCB, failing which the said amount will be forfeited 3. DJB i. To initiate legal proceedings against the i. Action plan of DJB was received vide letter i. DJB shall expedite and residents of GD colony, Gharauli village dated 22/07/2019. Copy of letter is complete the interception of 03 and Kondli village, Delhi having failed attached as Annexure-VII. adjoining drain in 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 their jurisdiction shall have sewer to take sewer connection. ii. DJB should initiate legal connection so that current practice iii. 732 number of notice issued to residents of proceedings against of discharge of untreated sewage into Kondli and Gharauli. residents of GD colony, Gharauli storm water drainage system should It was also informed that 3 drains of PWD village and Kondli village on account be stopped. carrying wastewater shall be tapped and of their reluctance and failure to iii. Hon'ble NGT directed to submit conveyed to Kondli STPs for treatment. take sewerage connections. furnish performance guarantees in Interception of drains will be finished by the sum of Rs. 1 crore each to the December, 2019. iii. DJB shall ensure that each satisfaction of CPCB undertaking to building under their jurisdiction take remedial actions in terms of the v. Performance Bank Guarantee not submitted shall have sewer connection so directions of the CPCB, failing which till date that the said amount will be forfeited current practice of discharge of untreated sewage into storm water drainage system should be stopped. 6 4. EDMC i. To direct dairy farms to develop i. EDMC has informed during the meeting i. EDMC should ensure that untreated decentralized treatment facility so that that 591 Challan issued to residents of dairy waste including animal dungs their untreated waste shall not be Kondli and Gharauli for disposing their from Gharuli village should not be discharged to DDA drainage system. wastewater into drain and Show-Cause discharged into storm water drain. ii. To ensure that untreated dairy waste notice is also issued to illegal dairies for Challan / Legal action shall be including animal dungs from Gharuli discharging waste in drain. initiated against such violators. village should not be discharged into ii. The dairy farms be shifted to outskirt of storm water drain. Challan/Legal the area in a time bound manner. action shall be initiated against such ii. East Delhi Municipal Corporation violators. Veterinary Services Department Vide email iii. Hon'ble NGT directed to submit dated 31/10/2019 provided the action furnish performance guarantees in taken report indicating action taken the sum of Rs. 1 crore each to the against the illegal dairy farms at Gharoli satisfaction of CPCB undertaking to colony. Copy attached as 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 of Environmental Compensation for Delhi. discharge of untreated sewage to ii. Further, no reply received till date. drainage system of Delhi. ii. Directions for submission of performance guarantee in the sum of Rs. 1 crore by Ghaziabad Nagar Nigam to CPCB may refer to Nagar Palika Parishad Khoda Makanpur.
75. 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].
List for further consideration on 18.05.2020.
Adarsh Kumar Goel, CP Dr. Nagin Nanda, EM Siddhanta Das, EM February 25, 2020 Original Application No. 1002/2018 AK 8