National Green Tribunal
Sunaina vs State Of Punjab Through Its Chief ... on 10 October, 2022
Item No.14 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH
Original Application No.490/2022
(By Video Conferencing)
Sunaina Applicant
Versus
State of Punjab & Ors. Respondents
Date of hearing: 10.10.2022
CORAM:HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mrs. Sunaina, Advocate.
Respondent: Mr. Shubham Bhalla, Advocate for Zirakpur,
Municipal Council.
Application under the provisions of the National Green Tribunal Act,
2010.
ORDER
1. Ms. Sunaina, Advocate has filed the present application seeking issuance of appropriate directions to the respondents to ensure supply of potable and clean water to the residents of Zirakpur-Banur-Rajpura belt and to draw comprehensive plan to find out the root causes of contamination of water and suggest remedial measures. The applicant has averred that due to supply of contaminated water, the residents of Zirakpur-Banur-Rajpura belt are suffering from various diseases like cholera, jaundice, typhoid, vomiting, abdominal pain, diarrhea, dehydration and skin-borne diseases. In support of the application, the applicant has placed on record copies of the newspaper reports.
2. Vide order dated 08.07.2022, this Tribunal constituted a Joint O.A No. 490/2022 Sunaina Vs. State of Punjab & Ors.
2Committee comprising of the State PCB; Principal Secretary, Department of Health, Government of Punjab,Punjab Water Supply and Sewerage Board and Deputy Commissioners, Patiala and Mohali and directed the same to submit factual and action taken report within two months.
3. In compliance thereof, the report of the Joint Committee has been filed vide email dated 07.10.2022.The relevant part of the report reads as under:-
"Report of the Joint District Level Committee in the matter of OA No. 490 of 2022: Sunaina V/s State of Punjab and Others, in compliance of Hon'ble National Green Tribunal Orders dated 08.07.2022.
1.0 Background:
The matter is related to a petition filed by Ms. Sunaina, Advocate seeking issuance of appropriate directions to the respondents to ensure supply of potable and clean water to the residents of Zirakpur- Banur-Rajpura belt and to draw comprehensive plan to find out the root causes of contamination of water and suggest remedial measures. The applicant has averred that due to supply of contaminated water, the residents of Zirakpur-Banur-Rajpura belt are suffering from various diseases like cholera, jaundice, typhoid, vomiting, abdominal pain, diarrhea, dehydration and skin-borne diseases.
In the order dated 08.07.2022, it was observed by Hon'ble National Green Tribunal as under:
"The averments made in the petition raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010.In view of the serious allegations made in the present application, it would be appropriate to have a factual and action taken report in thematter".
2.0. Directions of Hon'ble National Green Tribunal:
Hon'ble National Green Tribunal vide its order dated 08.07.2022 (Annexure-1), directed as follows:
" We constitute a Joint Committee comprising of representative of State PCB; Principal Secretary, Department of Health, Government of Punjab; Punjab Water Supply and Sewerage Board and Deputy Commissioners, Patiala and Mohali respectively. The Punjab PCB, will be the Nodal agency for coordination and compliance. Factual and action taken report may be furnished within two months by e-mail. The Joint Committee may meet within four weeks, undertake field visits, look into the allegations made in the application, verify the factual position, draw samples of drinking water supplied to the residents of the localities involved and take remedial action for ensuring supply of clean and safe drinking 2 O.A No. 490/2022 Sunaina Vs. State of Punjab & Ors.3
water to the residents of the concerned localities on sustained basis by following due process of law. List the matter for further consideration on 10.10.2022"
3.0. Compliance of the Directions of Hon'ble NGT:
A. Constitution of Joint District Level Committee In compliance of the directions of the Hon'ble NGT, a joint district level Committee was constituted under the chairmanship of Additional Deputy Commissioner comprising of the following member vide Deputy Commissioner,-. Mohali order no DC/MHU3552 dated 22.08.2022 with a copy to Principal Secretary, Department of Health, Principal Secretary, Punjab Water Supply & Sewerage Board, Principal Secretary, Punjab Water Supply & Sanitation, Chief Administrator, GMADA Chairman, PPCB and DC, Patiala i. Sub-Divisional Magistrate, Derabassi ii. Sub-Divisional Magistrate, SAS Nagar.
iii. Senior Engineer (Public Health), GMADA iv. Environmental Engineer, PPCB, SAS Nagar v. Executive Officer of concerned Municipal Committee(s) vi. Executive Engineer, Department of Water Supply & Sanitation, SAS Nagar vii. Executive Engineer, Punjab Water Supply & Sewerage Board, SAS Nagar viii. Chief Medical Officer, SAS Nagar Further, Deputy Commissioner, Patiala vide its letter no 2131 dated 28 08.2022 nominated Additional Deputy Commissioner (UD), Patiala for representation from District Patiala.
B. Meeting of the Joint District Level Committee:
As per the directions of Hon'ble NGT, joint district level committee conducted meeting on 30.08.2022 and it was decided as under
1. A Committee comprising of official of Department of Water Supply & Sanitation, Punjab Water Supply & Sewerage Board, Concerned ULB and Representative of Chief Medical Officer shall carry out sampling of ground water sources for Organoleptic and Physical parameters, general parameters, parameters Concerning Toxic Substances, Parameters Concerning Radioactive Substance, Pesticide Residues Limits and Bacteriological Quality as mentioned in IS 10500: 2012, w.e.f. 31.08.2022. The Committee shall draw samples from tail end of distribution of water supply and also points where earlier incidents of spread of water borne diseases were reported. The sampling should be carried out as per protocol defined and suggested by EE, DWSS.
2. The data regarding spread of incidents of water borne diseases in Zirakpur-Banur-Rajpura belt shall be provided by Chief Medical Officer, SAS Nagar and Patiala, to the Committee.
3. Sterilized bottles for sampling purpose shall be provided to the Committee by concerned ULB.
4. The samples so collected shall be tested in water quality lab of Department of Water Supply & Sanitation and the payment of the sampling shall be borne by concerned ULB.
5. The Committee shall also carry out flooding/ poor connection 3 O.A No. 490/2022 Sunaina Vs. State of Punjab & Ors.4
surveying and provide corrective suggestion regarding supply of potable water.
6. The Committee shall also find out root cause of contamination of water and also suggest remedial measures.
7. The Committee shall submit its report within 07 days to Environmental Engineer, Punjab Pollution Control Board, Mohali in order to file reply on behalf of Joint Committee within stipulated time.
C. Visit of the Sub-Committee to the Water Supply locations to verify the status:
In compliance to the NGT orders dated 08.07.2022, the sub-committee in compliance of decisions of the meeting dated 30.08.2022 visited the Water Supply locations in Zirakpur, Banur and Rajpura on 01.09.2022 and collected water samples from the following locations:
Zirakpur Area- Samplinq carried from 15 locations a. GMS Homes 5 Basement Peermuchhalla (Tubewell) b. Anish Jagga, GMS Homes 90/A Peermuchhalla (Tap Water) c. Sukhna Colony Old Stadium, #102 (Tap Water) d. Preet Colony, #1026, Stadium (Tap Water) e. #578 Kulwant Singh, Preet Colony (Tap Water) f. #72 Adarsh Nagar Gold Mark Lohgarh (Tap Water) g. Adarsh Nagar Gali No.1 Rakesh Kumar (Tap Water) h. Tubewell, Ekta ViharBaltana i. Tap Water, #253, Mohinder Pal, Ekta Vihar, Zirakpur j. Tap Water, #279, Shiv Shankar, Anand Vihar, Phase-2, Batlana k. Tap Water, #292, Ashok Midha, Anand Vihar, Phase-2, Batlana l. Tap Water, #125, Kamal Krishan, Gobind ViharBaltana m. Tap Water, #113-D, Sastish Kumar Mittal, Gobind ViharBaltana n. Tubewell, Kali Mata Mandir o. Tap Water, #26 Shashi Jindal, Harkrishan Enclave Baltana Banur Area-Sampling carried from 10 locations a. Tubewell, Fouji Colony b. Tubewell, Bassiisse Kha c. Tap Water, Sweet Shop Sant Ram, Bassiisse Kha d. Tubewell ,Banur MC Office e. Tap Water, Pal Dairy Banur f. Tubewell , Ward no.3, Mohalla Kattican g. Tap Water, Rajinder Kumar Ward no.3, Mohalla Kattican h. Tap Water, Ratan Ram Ward no.3, Mohalla Kattican i. Tubewell , MSP/STP Banur j. Tap Water, Roshan Lal MSP/STP Banur Raipura Area - Sampling carried from 10 locations-
a. Canal Treated water. Gandhian Kheri
b. Canal. Water Treetment Plant Rajpura
c. Canal. Treated water. MC Office Rajpura
d Canal Treated Water_ 5/3 Dashmesh Colony Rajpura
e Canal treated water Saini Sweet Rajpura
f Canal Treated Water. H. No. 2283, Old Rajpura
g Canal Treated water. Focal Point Near Shaiv Mandir Rajpura
4
O.A No. 490/2022 Sunaina Vs. State of Punjab & Ors.
5
h. Tubeweti .Shamdo
i Tap Water, Swaran Singh,Shamdo
j Tap Water, Amy Kumar,sharndo Camp
The results of the sample collected from the different water supply locations are as per Annexure-A. 4.0. Root Cause of Contamination identified by the Sub-
Committee-
• Banur-Water supply pipelines from ward no. 8 (Mohalla Batta kalan) till ward no. 9 (old bus stand) have gone old as a result of which there is problem of leakage observed in these pipelines which is being repaired as soon as the same is noticed.
• Rajpura-No arrangement for disposal of rain water separately has been provided in the town and as a result of which the road gullies are being connected to sewerage system. Water supply network is around 40 years old and at same depth as of the road gullies and most of the connections in pipelines are broken as a result of which contamination of fresh drinking water is happening. Capacity of SW needs to be augmented as a result of which mixing of waste-water with fresh water happens incase of blockage of sewerage system.
5.0 Status of interim remedial measures to reduce pollution loads being followed, if any.
• Zirakpur - MC, Zirakpur has installed chlorimeter over all the tubewells from where water is supplied in the town. • Banur - MC, Banur has installed chlorine dosing machines over all the 7 tubewells being operated by it from where water is supplied in the town. MC, Banur has prepared estimate for laying new water pipeline between ward no. 8 (Mohalla Batta kalan) till ward no. 9 (old bus stand) and submitted to Sub-Divisional Engineer, Punjab Water Supply & Sewerage Board, Zirakpur vide letter no. 1091 dated 02.09.2022 • Rajpura - A project for replacing the old pipeline network and household connections has been prepared under AMRUT Schema with an estimated amounting to Rs 178 crores 6.0. Conclusions:
Based on the inspection and sampling carried by the sub-Committee, the conclusion drawn w.r.t. the quality of drinking water being supplied in Zirakpur-Banur-Rajpura belt is as follows:
1. Turbidity was found to be 5.61 NTU from sample of water collected from Tap Water, #26 Shashi Jindal, Harkrishan Enclave, Baltana, Zirakpur is beyond the permissible limits.
2. Parameter Total coliform and E-coli was found to be 150 MPN/100m1 and 43 MPN/100 ml respectively from Tap Water, Ratan Ram Ward no.3, Mohalla Kattican, Banur is beyond the permissible limits.
3. Total coliforms and E-coli was found to be 1100 MPN/100m1 and 150 MPN/100 ml from sample of water collected from Canal, Treated water, MC Office Rajpura is beyond the permissible limits.
4. Total coliforms and E-coli was found to be 75 MPN/100m1 and 23 MPN/100 ml from sample of water collected from Canal Treated Water, 5 O.A No. 490/2022 Sunaina Vs. State of Punjab & Ors.6
5/3 Dashmesh Colony Rajpura is beyond the permissible limits.
5. Total coliforms and E-coli was found to be 1100 MPN/100m1 and 150 MPN/100 ml from sample of water collected from Canal treated water, Saini Sweet, Rajpura is beyond the permissible limits.
6. Fluoride and Sulphate was found to be 3.33 mg/I and 942.83 mg/I respectively from Tubewell, Shamdo, Rajpura is beyond the permissible limits.
7. Parameter Fluoride and Sulphate was found to be 3.4 mg/I and 938.5 mg/I respectively from Tap Water, Swaran Singh Shamdo, Rajpura is beyond the permissible limits.
8. Parameter Fluoride and Sulphate was found to be 3.37 mg/I and 944.4 mg/I respectively from Tap Water, Ajay Kumar Shamdo Camp, Rajpura is beyond the permissible limits.
Out of 35 locations from where sample were drawn, samples from 8 locations have fail to meet permissible limits as per IS 10500: 2012.
Presence of E-coli and F-coli in the water samples shows that there is mixing of sewer in the drinking water supply. Presence of turbidity beyond the permissible limits in the water sample can be a result of presence of clay, silt, very tiny inorganic and organic matter, algae, dissolved colored organic compounds, and other microscopic organisms etc in the water sample. Presence of Fluoride beyond the permissible limits can be as a result of runoff from weathering of fluoride-containing rocks & soils, leaching from soil into groundwater, Atmospheric deposition of fluoride-containing emissions from coal-fired power plants and other industrial sources. Presence of sulphate beyond the permissible limits in the water can be due to water passing through soils and rocks containing sulphate minerals, through waste and industrial discharge.
7.0 Recommendations:
• MC, Banur, Zirakpur and Rajpura shall ensure to supply potable water complying with the parameters as prescribed in IS:10500:2012, to the residents.
• MC, Banur, Zirakpur and Rajpura shall identify all the water supply pipelines which are leaking and either replace or provide new water supply line."
4. Vide order dated 08.07.2022, notices were ordered to be issued to the respondent and applicant was also directed to take requisite steps for service of notices on the respondents and file affidavit regarding the same by email at [email protected] within seven days. But no affidavit has been filed by the applicant.
5. In view of the averments in the application and observations in the report of the Joint Committee, we consider it appropriate to have 6 O.A No. 490/2022 Sunaina Vs. State of Punjab & Ors.7
reply/response of the respondents to the same. The Registry is directed to issue notices to the respondents requiring them to file their reply/response within two months at [email protected] in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
6. List the matter for consideration on 10.01.2023.
7. In view of the facts and circumstance of the case, we also consider personal appearance of the Director, Punjab Water Supply and Sewerage Board and Member Secretary, State PCB on the next date of hearing through VC to be essential for producing the relevant documents regarding requisite compliance with the enactments specified in Schedule I to the National Green Tribunal Act, 2010 and also assisting this Tribunal in just and proper adjudication of the questions involved in the case and they are accordingly directed to remain present before this Tribunal on that date.
8. A copy of this order be forwarded to the Director, Punjab Water Supply and Sewerage Board and Member Secretary, State PCB by email within one week for requisite compliance.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM October 10, 2022 AG 7