National Green Tribunal
Human Rights & Consumer Protection Cell ... vs The State Of Telanganarep By Its Chief ... on 27 May, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No. 2 & 3:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 115 of 2016 (SZ) &
M.A. No.118 of 2017 (SZ) &
I.A. No.67 of 2020 (SZ) &
I.A. No. 130 of 2020 (SZ)
With
Original Application No. 156 of 2016 (SZ) &
I.A. No.38 of 2019 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Human Rights & Consumer
Protection Cell Trust and Ors.
...Applicant(s)
Versus
The State of Telangana,
Rep. by its Chief Secretary,
Telangana State and Ors.
...Respondent(s)
Date of hearing: 27.05.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. DR.K.SATYAGOPAL, EXPERT MEMBER
Original Application No.115/2016 (SZ):
For Applicant(s): None
For Respondent(s): Mrs. H. Yasmeen Ali through
Mrs. D. Renuka for R1, R4 & R6
Sri. T. Sai Krishnan for R2 & R3
1
Mr. D. Sreenivasan for R5.
Original Application No.156/2016 (SZ):
For Applicant(s): None
For Respondent(s): M/s. H. Yasmeen Ali through
Mrs. D. Renuka for R1, R5 to R10.
Mr. T. Sai Krishnan for R2 to R4.
Mr. D. Sreenivasan for R11
Mr. G. Stanley Hebzon Singh for R21 to R23.
ORDER
1. As per order dated 13.04.2021, this Tribunal had considered the report submitted by the State of Telangana and directed the concerned departments to whom directions have been given to take action and directed them to submit a further report in this regard.
The Public Works Department and the Irrigation Department who is in charge of maintenance of the water bodies and the Telangana State Pollution Control Board (TSPCB) were also directed to submit their detailed reports covering the allegations in O.A. No. 115 of 2016 as well as O.A. No. 156 of 2016 and posted the case to today for that purpose.
2. When the matter came up for hearing today through Video Conference, there was no representation for the applicant in both the cases who use to appear in person. Smt. H. Yasmeen Ali through Mrs. D. Renuka represented respondents 1, 4 & 6 in O.A. No.115/2016 and respondents 1, 5 to 10 in O.A. No.156/2016, Sri. 2 T. Saikrishnan represented respondents 2 & 3 in O.A. No.115/2016 and respondents 2 to 4 in O.A. No.156/2016, Mr. D. Sreenivasan represented 5th respondent in O.A. No. 115 of 2016 and 11th respondent in O.A. No. 156 of 2016 and Sri. G. Stanley Hebzon Singh represented respondents 21 to 23 in O.A. No.156/2016.
3. The Telangana State Pollution Control Board (TSPCB) had filed a report dated 25.05.2021 which reads as follows:
"REPORT DATED 25.05.2021 OF TELANGANA STATE POLLUTION CONTROL BOARD (TSPCB-R4), IN OA NOS.115 & 156 OF 2016 FILED BY HUMAN RIGHTS AND CONSUMER PROTECTION CELL TRUST AND ORS BEFORE THE HON'BLE NGT, CHENNAI It is to submit that OA Nos.115 & 156 of 2016 in Hon‟ble NGT was filed by Human Rights and Consumer Protection Cell Trust and Ors against the State of Telangana Rep, regarding the encroachments made into the water bodies in Ameenpur village of Telangana State.
The Hon‟ble NGT vide Order dt. 13.04.2021 has ordered as follows The Pollution control Board is directed to file a detailed report regarding this aspect and what is the nature of remedial measures that has been taken by them for resolving this issue to improve the water quality and also whether they have identified the responsible for the same, if it was due to discharge of untreated sewage then what is the nature of action taken by them against the persons responsible in this regard and they are expected to submit the report to that extent.
In compliance to the Hon‟ble NGT directions, the Board officials have inspected 19 water bodies on 12th & 13th of May, 2021. The details of the water bodies are as follows:
1. Uskebavi Kunta, Ameenpur (V&M), Sangareddy District. 3
S.No. Description of Action Point Remarks
1. Details of the sample collected from the The Board Officials collected sample from water body to ascertain the category of the water body on 12.05.2021. Water quality as per CPCB Water As per the analysis report, the water quality criteria. quality of the water body, as per CPCB Water quality criteria is „D‟.
Copy of the analysis report is enclosed as Annexure-I (A).
2. Observations during the Inspection During inspection, water was observed in small portion in the water body area.
Dense residential area observed in up- steam and down-stream of the water body.
Underground drainage lines were observed in the surrounding colonies diverting the sewage away from the water body.
No specific feeder channels or drainage lines observed joining into the water body.
The outlet channel of the water body observed in dilapidated condition / not in use.
No industries are located in the surroundings of the water body.
The source of pollution is due to surface runoff from the upstream residential areas.
Photographs of the same are enclosed as Annexure-I (B).
3. Google map of the water body showing The google map showing the water body the surroundings. and its surroundings is enclosed as Annexure-I (C).
ACTION TAKEN: The Board issued Notice dated 21.05.2021 to the Ameenpur Municipality to submit an Action Plan for controlling pollution of the water body due to surface runoff from the upstream residential areas.
2. Pochamma Kunta, Near Raghavendra Colony, Phase - I, Ameenpur (V&M), Sangareddy District.
S.No. Description of Action Point Remarks
1. Details of the sample collected from the During the inspection, no water was water body to ascertain the category of observed in the water body. Water quality as per CPCB Water 4 quality criteria.
2. Observations during the Inspection During the inspection no water was observed in the Pochamma Kunta Residential area observed in up-steam and down-stream of the water body.
No specific feeder channels or drainage lines observed joining into the water body.
No outlet channel to the water body was observed.
NRI residential colony is located in upstream of the Pochamma Kunta.
Raghavendra colony is located in downstream of the Pochammakunta and having drainage lines.
No industries are located in the surroundings of the water body.
Photographs of the same are enclosed as Annexure-II (A).
3. Google map of the water body showing The google map showing the water body the surroundings. and its surroundings is enclosed as Annexure-II (B).
ACTION TAKEN: During the Inspection, there was no water in the water body. Hence, sample was not collected. The Board would monitor the water quality whenever the water body receives the water and necessary action will be taken based on water quality.
3. Uba Kunta / Dubba Kunta, beside 2 bed room house flats, Patelguda, Ameenpur (V&M), Sangareddy District.
S.No. Description of Action Point Remarks
1. Details of the sample collected from the The Board Officials collected sample from water body to ascertain the category of the water body on 12.05.2021. Water quality as per CPCB Water As per the analysis report, the water quality criteria. quality of the water body, as per CPCB Water quality criteria is „D‟.
Copy of the analysis report is enclosed as Annexure-III(A).
2. Observations during the Inspection During inspection, water observed in small portion only in the water body area.
Residential area observed in up-steam and down-stream of the water body.
Residential colony of Indiramma Houses is located in upstream of the Uba Kunta.
No specific feeder channels or drainage lines observed joining into the water body.
The outlet channel of the water body is not in use. The water body is 5 surrounded by residential area and no specific feeder channels or drainage lines observed joining into the water body.
No industries are located in the surroundings of the water body.
The source of pollution is due to surface runoff from the upstream residential areas.
Photographs of the same are enclosed as Annexure-III(B).
3. Google map of the water body showing The google map showing the water body the surroundings. and its surroundings is enclosed as Annexure-III(C).
ACTION TAKEN: The Board issued Notice dated 21.05.2021 to the Ameenpur Municipality to submit Action Plan for controlling pollution of the water body due to surface runoff from the upstream residential areas.
4. Shetti Kunta, beside Uba Kunta, Patelguda, Ameenpur (V&M), Sangareddy District.
S.No. Description of Action Point Remarks
1. Details of the sample collected from the The Board Officials collected sample from water body to ascertain the category of the water body on 12.05.2021. Water quality as per CPCB Water As per the analysis report, the water quality criteria. quality of the water body, as per CPCB Water quality criteria is „B‟.
Copy of the analysis report is enclosed as Annexure-IV(A).
2. Photographs of Feeder Channels and During inspection, water was Outlet Channels of the water bodies. observed in small portion in the water body area.
Residential area observed in up-steam and down-stream of the water body.
Drainage lines were provided to the residential area.
No specific feeder channels or drainage lines observed joining into the water body.
The outlet channel of the water body is not in use.
No industries are located in the surroundings of the water body.
No sources of Pollution observed. Photographs of the same are enclosed as Annexure-IV (B).
3. Google map of the water body showing The google map showing the water body the surroundings. and its surroundings is enclosed as 6 Annexure-IV(C).
ACTION TAKEN: The Water Quality of the Water Body as per CPCB criteria falls in Class B. No sources of Pollution observed.
5. Patel Cheruvu, Patelguda (V), Ameenpur (M), Sangareddy District.
S.No. Description of Action Point Remarks
1. Details of the sample collected from the The Board Officials collected sample from water body to ascertain the category of the water body on 12.05.2021. Water quality as per CPCB Water As per the analysis report, the water quality criteria. quality of the water body, as per CPCB Water quality criteria is „D‟.
Copy of the analysis report is enclosed as Annexure-V (A).
2. Observations during the inspection. During inspection, water was observed in small portion in the water body area.
Residential area observed in up-steam and down-stream of the water body.
Drainage lines were provided to the residential area. However, joining of sewage waste water into the water body was observed.
Construction of outlet channel for the water body is under progress.
No industries are located in the surroundings of the water body.
The source of pollution is due to surface runoff from the upstream residential areas.
Photographs of the same are enclosed as Annexure-V(B).
3. Google map of the water body showing The google map showing the water body the surroundings. and its surroundings is enclosed as Annexure-V(C).
ACTION TAKEN: The Board issued Notice dated 21.05.2021 to the Gram Panchayat, Patelguda, as sewage water was joining into water body and was asked to submit Action Plan for diverting the sewage from joining the water body.
6. Gandi Kunta, at back side of Goshala, Ameenpur (V&M), Sangareddy District.
7S.No. Description of Action Point Remarks
1. Details of the sample collected from the The Board Officials collected sample from water body to ascertain the category of the water body on 12.05.2021. Water quality as per CPCB Water As per the analysis report, the water quality criteria. quality of the water body, as per CPCB Water quality criteria is „B‟.
Copy of the analysis report is enclosed as Annexure-VI (A).
2. Observations during the inspection. During inspection, water observed in the water body.
No residential area was observed in up-steam of the water body.
No specific feeder channels or drainage lines observed joining into the water body.
No discharges of domestic waste water were observed.
Surrounding area on North side & South side is covered with hills / Rocky.
Sri Bramaramba Mallikarjuna Swami Goshala is located in upstream of the water body on East side. However, no discharges were observed from the Goshala into the water body.
No outlet channel to the water body observed.
No industries are located in the surroundings of the water body.
Photographs of the same are enclosed as Annexure-VI (B).
3. Google map of the water body showing The google map showing the water body the surroundings. and its surroundings is enclosed as Annexure-VI(C).
ACTION TAKEN: The Water Quality of the Water Body as per CPCB criteria falls in Class B. No sources of Pollution observed.
7. Upparivani Kunta, Near NSL Colony, Ameenpur (V&M), Sangareddy District.
S.No. Description of Action Point Remarks
1. Details of the sample collected from the During the inspection, no water was water body to ascertain the category of observed in the water body. Water quality as per CPCB Water quality criteria.
82. Observations during the inspection. During the inspection no water was observed in the Upparivani Kunta.
Residential area observed in up-steam and down-stream of the water body.
No specific feeder channels or drainage lines observed joining into the water body.
No outlet channel to the water body was observed.
On enquiry, the local people informed that, recently about one month back drainage lines were provided in the residential colonies located in upstream of the water body diverting the sewage away from the water body.
No industries are located in the surroundings of the water body.
Photographs of the same are enclosed as Annexure-VII (A).
3. Google map of the water body showing The google map showing the water body the surroundings. and its surroundings is enclosed as Annexure-VII (B).
Action Taken: During the Inspection, there was no water in the water body. Hence, sample was not collected. The Board would monitor the water quality whenever the water body receives the water and necessary action will be taken based on the water quality.
8. Koneti Kunta, Near New Sai Bhagavan Colony, Ameenpur (V&M), Sangareddy District.
S.No. Description of Action Point Remarks
1. Details of the sample collected from the During the inspection, no water was water body to ascertain the category of observed in the water body. Water quality as per CPCB Water quality criteria.
2. Observations during the inspection. During the inspection no water was observed in the Koneti Kunta.
Part of the residential colony of New Sai Bhagavan colony is located in upstream.
Drainage lines were provided to the residential colonies diverting the sewage away from the water body.
The entire area of the water body is covered with shrubs.
No specific feeder channels or drainage lines observed joining into the water body area.
No outlet channel to the water body was observed.
9 No industries are located in the surroundings of the water body.
Photographs of the same are enclosed as Annexure-VIII (A).
3. Google map of the water body showing The google map showing the water body the surroundings. and its surroundings is enclosed as Annexure-VIII (B).
Action Taken: During the Inspection, there was no water in the water body. Hence, sample was not collected. The Board would monitor the water quality whenever the water body receives the water and necessary action will be taken based on the water quality.
109. Shambuni / Devuni Kunta, Near Monday Market, Beeramguda, Ameenpur (V&M), Sangareddy District.
S.No. Description of Action Point Remarks
1. Details of the sample collected from the The Board Officials collected sample from water body to ascertain the category of the water body on 12.05.2021. Water quality as per CPCB Water As per the analysis report, the water quality criteria. quality of the water body, as per CPCB Water quality criteria is „E‟.
Copy of the analysis report is enclosed as Annexure-IX (A).
2. Observations during the inspection. During inspection, water observed in the water body.
Water body was covered with full of water hyacinth (Floating plants). The outlet channel of the water body observed in dilapidated condition / not in use.
2 Nos of ghats were provided for
Batkamma and Lord Ganesh
Nimarjanam.
Drainage lines were provided in the surrounding residential colonies diverting the sewage away from the water body.
No specific feeder channels or drainage lines observed joining into the water body.
The outlet channel of the water body observed not in use.
No industries are located in the surroundings of the water body.
The source of pollution is due to surface runoff from the upstream residential areas.
Photographs of the same are enclosed as Annexure-IX (B).
3. Google map of the water body showing The google map showing the water body the surroundings. and its surroundings is enclosed as Annexure-IX (C).
ACTION TAKEN: The Board issued Notice dated 21.05.2021 to the Ameenpur Municipality to submit Action Plan for controlling pollution of the water body due to surface runoff from the upstream residential areas.
10. Sambi Cheruvu / Sandudunte Kunta, Back side of Rupasri county, Ameenpur (V&M), Sangareddy District.
11S.No. Description of Action Point Remarks
1. Details of the sample collected from the The Board Officials collected sample from water body to ascertain the category of the water body on 12.05.2021. Water quality as per CPCB Water As per the analysis report, the water quality criteria. quality of the water body, as per CPCB Water quality criteria is „D‟.
Copy of the analysis report is enclosed as Annexure-X (A).
2. Observations during the inspection. During inspection, water was observed in the water body.
Thick residential area observed in up steam of the Sambi Cheruvu.
Open drain was observed from the residential area located in upstream of the water body and sewage is joining the water body.
The outlet channel of the water body is not in use.
No industries are located in the surroundings of the water body.
The source of pollution is due to surface runoff from the upstream residential areas.
Photographs of the same are enclosed as Annexure-X(B).
3. Google map of the water body showing The google map showing the water body the surroundings. and its surroundings is enclosed as Annexure-X(C).
ACTION TAKEN: The Board issued Notice dated 21.05.2021 to the Ameenpur Municipality as sewage water was joining the water body and was asked to submit Action Plan for diverting the sewage from joining the water body.
11. Kunta Shikam, Opposite to Rupasri County, Shankar Green Homes, Ameenpur (V&M), Sangareddy District.
S.No. Description of Action Point Remarks
1. Details of the sample collected from the During the inspection, no water was water body to ascertain the category of observed in the water body. Water quality as per CPCB Water quality criteria.
2. Observations during the inspection. During the inspection no water was observed in the Kunta Shikam.
The water body is surrounded with Hill area in the upstream.
12 No specific feeder channels or drainage lines observed joining into the water body area.
No outlet channel to the water body was observed.
No industries are located in the surroundings of the water body.
Photographs of the same are enclosed as Annexure-XI (A).
3. Google map of the water body showing The google map showing the water body the surroundings. and its surroundings is enclosed as Annexure-XI (B).
ACTION TAKEN: During the Inspection, there was no water in the water body. Hence, sample was not collected. The Board would monitor the water quality whenever the water body receives the water and necessary action will be taken based on water quality.
12. Kotha Cheruvu, Ameenpur (V&M), Sangareddy District.
S.No. Description of Action Point Remarks
1. Details of the sample collected from the The Board Officials collected sample from water body to ascertain the category of the water body on 12.05.2021. Water quality as per CPCB Water As per the analysis report, the water quality criteria. quality of the water body, as per CPCB Water quality criteria is „D‟.
Copy of the analysis report is enclosed as Annexure-XII (A).
2. Observations during the inspection. During the inspection no overflow from the Ameenpur Pedda Cheruvu was observed.
No specific feeder channels or drainage lines were observed joining into the water body.
Overflow water joins with Bandamkommu. During inspection no overflow was observed.
No industries are located in the surroundings of the water body.
The source of pollution is due to surface runoff from the upstream residential areas.
Photographs of the same are enclosed as Annexure-XII(B).
3. Google map of the water body showing The google map showing the water body the surroundings. and its surroundings is enclosed as Annexure-XII(C).
13ACTION TAKEN: The Board issued Notice dated 21.05.2021 to the Ameenpur Municipality to submit Action Plan for controlling pollution of the water body surface runoff from the upstream residential areas.
13. Kummari Kunta, Ameenpur (V&M), Sangareddy District.
S.No. Description of Action Point Remarks
1. Details of the sample collected from the The Board Officials collected sample from water body to ascertain the category of the water body on 12.05.2021. Water quality as per CPCB Water As per the analysis report, the water quality criteria. quality of the water body, as per CPCB Water quality criteria is „B‟.
Copy of the analysis report is enclosed as Annexure-XIII (A).
2. Observations during the inspection. The water body is surrounded with Hill area in upstream.
No specific feeder channels or drainage lines observed joining into the water body area.
No outlet channel to the water body was observed.
No industries are located in the surroundings of the water body.
Photographs of the same are enclosed as Annexure-XIII (B).
3. Google map of the water body showing The google map showing the water body the surroundings. and its surroundings is enclosed as Annexure-XIII(C).
ACTION TAKEN: The water quality of the water body as per CPCB criteria falls in Class B. No sources of Pollution observed.
14. Bandamkommu, Ameenpur (V&M), Sangareddy District.
S.No. Description of Action Point Remarks
1. Details of the sample collected from the The Board Officials collected sample from water body to ascertain the category of the water body on 12.05.2021. Water quality as per CPCB Water As per the analysis report, the water quality criteria includes Total quality of the water body, as per CPCB Coliforms, pH, DO, BOD, Fecal Water quality criteria is „D‟. Coliform, Free Ammonia (as N), EC, Boron etc., Copy of the analysis report is enclosed as Annexure-XIV (A).
2. Observations during the inspection. Residential area is located in up steam of the Bandamkommu Kunta.
14 Sewage line was observed into the water body.
During the inspection waste water flow from the residential area (Sridham Hills colony) was observed joining the water body.
No outlet channel of the water body observed.
No industries are located in the surroundings of the water body.
The source of pollution is due to surface runoff from the upstream residential areas.
Photographs of the same are enclosed as Annexure-XIV (B).
3. Google map of the water body showing The google map showing the water body the surroundings. and its surroundings is enclosed as Annexure-XIV (C).
ACTION TAKEN: The Board issued Notice dated 21.05.2021 to the Ameenpur Municipality to submit Action plan for diverting the sewage from joining the water body.
15. BANDHAM KUNTA, BACHUPALLY, MEDCHAL-MALKAJGIRI DISTRICT S.No. Description of Action Point Remarks 1 Details of the sample collected from the During the inspection, no water was water body to ascertain the category of observed in the water body. Water quality as per CPCB Water quality criteria.
2 Observations during the inspection. The lake is in dry condition.
No discharge of untreated sewage into the lake is observed.
Photographs of the same are enclosed as Annexure-XV.
ACTION TAKEN: During the Inspection, there was no water in the water body. Hence, sample was not collected. The Board would monitor the water quality whenever the water body receives the water and necessary action will be taken based on water quality.
16. KARNAL KUNTA, BACHUPALLY, MEDCHAL-MALKAJGIRI DISTRICT S.No. Description of Action Point Remarks 1 Details of the sample collected from the During the inspection, no water was water body to ascertain the category of 15 Water quality as per CPCB Water observed in the water body. quality criteria.
2 Observations during the inspection. The lake is in dry condition.
No discharge of untreated sewage into the lake is observed.
Photographs of the same are enclosed as Annexure-XVI.
ACTION TAKEN: During the Inspection, there was no water in the water body. Hence, sample was not collected. The Board would monitor the water quality whenever the water body receives the water and necessary action will be taken based on the water quality.
17. MULLA BANDHAM KUNTA, BACHUPALLY, MEDCHAL-MALKAJGIRI DISTRICT S.No. Description of Action Point Remarks 1 Details of the sample collected from the During the inspection, no water was water body to ascertain the category of observed in the water body. Water quality as per CPCB Water quality criteria.
2 Observations during the inspection. The lake is in dry condition.
No discharge of untreated sewage into the lake is observed.
Photographs of the same are enclosed as Annexure-XVII.
ACTION TAKEN: During the Inspection, there was no water in the water body. Hence, sample was not collected. The Board would monitor the water quality whenever the water body receives the water and necessary action will be taken based on the water quality.
18. PEDDA KUNTA & BAIN CHERUVU, BACHUPALLY, MEDCHAL-MALKAJGIRI DISTRICT.
S.No. Description of Action Point Remarks 1 Details of the sample collected from the The Board Officials collected sample from water body to ascertain the category of the water body on 12.05.2021. Water quality as per CPCB Water As per the analysis report, the water quality criteria. quality of the water body, as per CPCB Water quality criteria is „D‟.
Copy of the analysis report is enclosed as Annexure-XVIII (A).
2 Observations during the inspection. The lake is almost full with water.
There is no inlet & outlet to the lake, the source of water into the lake is 16 rain water.
No discharge of untreated sewage into the lake is observed.
Even though no inlet source is observed into the water body, however BOD value indicate contamination, which may be due to washing of the clothes in the lake by the nearby settlement of about 50 huts located on the North-Eastern portion of the lake.
Photographs of the same are enclosed as Annexure-XVIII (B).
ACTION TAKEN: Board issued notice to the Nizampet Municipality to take necessary measures to ensure no contamination of water body.
19. Ameenpur Pedda Cheruvu, Ameenpur (V&M), Sangareddy District.
S.No. Description of Action Point Remarks
1. Details of the sample collected from the The Board Officials collected sample from water body to ascertain the category of the water body on 12.05.2021. Water quality as per CPCB Water As per the analysis report, the water quality criteria. quality of the water body, as per CPCB Water quality criteria is „D‟.
Copy of the analysis report is enclosed as Annexure-XIX (A).
2. Observations during the inspection.
Ameenpur lake is naturally occurring water body and is rain fed. It is surrounded by Ameenpur village on west side, Open land followed by Ganesh Nagar, Sri Vani Colony and Vediri Township followed by Bachupally IDA on East side, Open land followed by residential colonies on North side, open land followed by HMT Swarnapuri Colony on South side. The Ameenpur village is adjacent to Ameenpur Cheruvu in the West direction in the downstream of the Cheruvu.
There are three feeder drains joining the lake from upstream of catchment area. Drain - I beside M/s. ACE Tyres, IDA, Bachupally, Medchal-Malkajigiri District, drain - II from IDA, Bachupally & drain - III from the colonies in the South side are present. The two drains i.e., drain - I beside M/s. ACE Tyres and drain - II from IDA, Bachupally are joining in-front of Gate-I of M/s. Hindustan Coca Cola Beverages Pvt. Ltd., which is finally terminating in Ameenpur cheruvu along with the drain-III carrying domestic effluents from Sri Vani colony & HMT colony area.
The drain - I beside M/s ACE Tyres is originating in the upstream of the IDA Bachupally where high rise apartments and colonies have been constructed, where the untreated domestic sewage generated from the colonies are joining into the drain. Many new residential colonies like HMT colony, Vani nagar colony. Vediri Township, Swarnapuri Colony etc, have come up in the recent years in catchment area of the tank and all the sewage is directly joining the drain - III and lake without treatment.
17 10 No‟s industries are located on upstream of Ameenpur Pedda Cheruvu lake. All these industries have been reviewed by the Board and directions were issued not to discharge any waste water outside the premises. To ensure effective monitoring, industries were directed to install IP Cameras at various locations to ensure no discharges into the drains.
The Board officials have inspected these industries on 12.05.2021 & 13.05.2021 and observed no discharges from these industries.
The finger print analysis of samples collected from the cheruvu and the drains in April, 2020 indicate "No compounds detected", which indicates that there is no discharge of industrial effluents into the cheruvu.
Photographs of the same are enclosed as Annexure- XIX (B). Google Map of the water body Google Map showing the water body showing the surroundings. and its surroundings is enclosed as Annexure XIX (C).
Details of the industries:
S.No Name & location of the Compliance Industry
1. M/s.Aurobindo Pharma Industry is maintaining records of Ltd., (Unit - XII), fresh water consumption / waste (Formulation Division), Sy. water generation / lifted to CETP.
No. 314, Bachupalli (V), During the period Nov‟2020 to Medchal-Malkajigiri Apr‟2021, the industry has lifted District 61.56 KLD of LTDS effluents, which is within the permitted quantity of 90 KLD.
The industry has disposed 26.47 MT of off-specification products and other hazardous wastes to authorized agencies during the period Nov‟2020 to Apr‟2021.
The industry has provided rain water collection tanks of capacities 3.5 KL and 20 KL for collection of 1st rain water runoff.
Installed 3 IP cameras for monitoring any discharges outside the industry.
02 IP cameras on drains and 01 IP camera at effluent loading area.
2. M/s.Aurobindo Pharma The unit has disposed 35.4 KLD of Ltd., (Formulation LTDS wastewater during the period Research & Development Nov‟2020 to Apr‟2021, which is (RC-I), Sy.No.313, within the consented quantity of 60 Bachupalli(V), Medchal- KLD.
Malkajigiri District 18 The industry has disposed 1.23 MT of off-specification products and other hazardous wastes to authorized agencies during the period Nov‟2020 to Apr‟2021.
Both units (Unit-XII & RC-I) are located in the same premises, the industries have provided 3 nos. of common cameras for both units.
02 IP cameras on drains and 01 IP camera at effluent loading area.
3. M/s.TFL Leather During the period Jan‟2020 to Technique (P) Ltd., Dec‟2020, the industry has (Formerly M/s. Quinn manufactured 48.6 TPM which is International Pvt. Ltd.), within the consented quantity of Sy.Nos. 313 ,314, 325, 1458 TPM.
326 & 343, Bachupally (V), Quthbullapur (M), Industry has provided separate flow Medchal-Malkajigiri meters for LTDS & HTDS effluents District and has lifted 600 KL of HTDS and 1200 KL of LTDS to during the period Jan‟20 to Dec‟20.
The industry has disposed 24.4 Tons of hazardous wastes to TSDF, Dundigal during the period Jan‟2020 to Dec‟2020.
Installed 4 IP cameras for monitoring any discharges outside the industry.
03 IP cameras on drains and 01 IP camera at effluent loading area.
4. M/s. ACE Tyres Pvt. Ltd., During inspection, no discharge of Sy.No.314 & 315, effluents into the drain was observed.
Bachupally (V),
Quthbullapur (M), The industry has provided flow meter
to assess the LTDS water being
Medchal-Malkajigiri
disposed to CETP.
District
Installed 4 IP cameras for monitoring any discharges outside the industry 03 IP cameras on drains and 01 IP camera at effluent loading area.
5. M/s. Excel rubbers During inspection, no discharge of (Formerly M/s. Venus effluents into the drain was observed. Elastomers (P) Ltd.,) Sy.
Nos. 315 & 316, The industry is not generating any Bachupally (V), effluents. Only domestic effluents are Quthubullapur (M), being generated which are being Medchal-Malkajigiri disposed through septic tank. District 19 Installed 2 IP cameras for monitoring any discharges outside the industry.
03 IP cameras on drains and 01 IP camera at effluent loading area.
6. M/s. Vilas Polymer During inspection, the industry was Limited, Sy. No. 312, not in operation.
Bachupally (V),
Quthubullapur (M), The industry is not in operation since
Medchal-Malkajigiri 2017.
District.
7. M/s. N.S.Engineering Industry generates only domestic
Private Limited, Sy.Nos. effluents which are being lifted to
312 & 313, Bachupally M/s.JETL, Jeedimetla.
(V), Quthubullapur (M),
Medchal-Malkajigiri The industry has lifted 620 KL of
District LTDS effluents to M/s.JETL during
the period Apr‟2020 to Mar‟2021.
Installed 2 IP cameras for monitoring any discharges outside the industry.
01 IP cameras on drains and 01 IP camera at effluent loading area.
8. M/s. VEM Technologies Industry generates only domestic Pvt. Ltd., Sy. No. 314, effluents which are being lifted to Bachupally (V), M/s.JETL, Jeedimetla.
Quthubullapur (M),
Medchal-Malkajigiri
District. The industry has lifted 560 KL of
LTDS effluents to M/s.JETL during
the period Apr‟2020 to Mar‟2021.
Installed 2 IP cameras for monitoring any discharges outside the industry.
01 IP cameras on drains and 01 IP camera at effluent loading area
9. M/s. Excel Industries, Plot During inspection, the industry was No: 68 to 77, Sy.No.311 & not in operation. The unit is not in 312, IDA, Bachupally, operation since 4 months. Medchal-Malkajigiri District
10. M/s. Hindustan Coca Industry is treating the trade effluent, Cola Beverages Private consisting of washing, boiler blow Ltd., Sy. No. 169, down and cooling bleed-off in Ameenpur (V), Patancheru biological ETP followed by Ultra (M), Sangareddy District Filtration (UF) and RO systems. The RO permeate is recycled for process & utilities and RO rejects are evaporated in MEE.
20 The domestic effluents after treatment are disposed to PETL, Patancheru.
No discharges were observed from the industry.
Remarks:
The Board officials inspected 19 water bodies including Ameenpur Pedda Cheruvu to ascertain the water quality and the source of contamination. Out of 19 water bodies, 7 water bodies are in dry condition as there is no water, 3 are falling under „Class-B‟ as per the CPCB water quality criteria. Out of remaining 9 water bodies, 8 water bodies are in „Class- D‟ and 1 is in „Class-E‟ category.
During the inspection of these water bodies, it was observed that the contamination was due to discharge of sewage or surface runoff from the nearby residential areas. No industrial discharges were observed. The Board issued notices to the local bodies of 9 water bodies directing to take necessary measures and submit Action Plan to control the pollution Annexure-XX.
Ameenpur Pedda Cheruvu As regards Ameenpur Pedda Cheruvu, the analysis report indicates the water quality as „Class-D‟ category. During inspection, it is observed that the Cheruvu is surrounded by residential areas and domestic sewage from the nearby residential area is joining the Cheruvu. There are 10 industries located in the upstream of the Cheruvu. The Board has earlier reviewed these industries and directions were issued not to discharge any waste water outside the premises. To have effective monitoring, the industries were also directed to provide IP cameras at various places to ensure no discharges into the drains. The industries have provided IP cameras and Board is regularly monitoring the same. During the inspection, it was observed that there were no discharges from the industries. The Board issued notice to the Ameenpur Municipality.
The Hyderabad Metropolitan Water Supply & Sewerage Board (HMWS&SB) has proposed 28 MLD Sewage Treatment Plant (STP) at the upstream of Ameenpur Lake. The DPR of the STP is under preparation.
4. It is seen from the report that there are lot of improvements to be done for the purpose of improving the water quality in the water bodies. Further, some of the lakes were found to be dry due to the 21 obstructions caused in the inlets and the outlets and due to not making any proper maintenance of the same.
5. It is time and again re-iterated that the water bodies will have to be protected against encroachment and pollution. It has to be properly maintained as it plays a great role as a water storing reservoir during the rainy season and it can be used for several purposes if it is properly maintained or treated and it will help in conserving the aquatic biodiversity and also attract birds.
6. There is a duty cast on the State Government and its departments and its regulators like Pollution control Board and the local bodies to be proactive in implementing the environmental laws in its letter and spirit to protect environment and avoid the water bodies being polluted as there is a constitutional mandate giving them a responsibility to protect the environment as contemplated under Article 48 (A) of Constitution of India and Right to Clean Environment is a part of Right To Life as enshrined under Article 21 of the Constitution of India. This is being reiterated by the Hon'ble Apex Court as well as this Tribunal in several matters of similar nature that no water body should be allowed to be encroached by the miscreants so as to reduce its storing capacity as it acts as great role in protecting environment apart from providing water for drinking and irrigation purposes. In spite of all those things, none of the Governments are very much serious about protecting the 22 environment.
7. Further, the photograph produced along with the report submitted by the Telanga State Pollution Control Board (TSPCB) show the manner in which the water bodies are maintained and the pathetic conditions under which the water bodies are.
8. Though directions have been given to the Public Works Department (PWD) and the Irrigation Department to submit their independent report regarding the steps taken by them for protecting the water bodies, they have not come with any independent report so far.
9. The Hyderabad Metropolitan Development Authority (HMDA) also had not submitted any independent report regarding the steps taken by them for protecting the water bodies in their area. When this was pointed out, the learned counsel appearing for the respective Government Departments wanted some more time for filing their statements.
10. The local bodies, the Lake Protection Committee and the Telangana State Pollution Control Board (TSPCB) are directed to come with the proper action plan as to how they are going to protect the water bodies including the maintenance of inlets and outlets of each water bodies to make the water bodies alive rather than making them disfunctional on account of the obstruction to flow of water into the water bodies. The action plan should spell out the shorter time line within which they can be able to 23 implement the same to protect the water bodies as has been committed under Article 48 (A) of Constitution of India.
11. The concerned authorities are directed to file their independent statements and also the common action plan as directed in both the cases on or before 29.06.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
12. The Registry is directed to communicate this order to the members of the committee, official respondents including the Chief Secretary and the Principal Secretary of Public Works Department (PWD) and Irrigation Department and the Municipal Administration for their information and for coming with a proper action plan, as in the last hearing date, the Chief Secretary of State of Telangana himself has filed a detailed statement that the necessary instructions have been given, but no further report has been filed by the State machineries as to how the recommendations have been implemented as it is a serious issue.
13. The Chief Secretary and the concerned Principal Secretary are also directed to file their status report regarding the implementation of the decisions taken in the lower level for the purpose of protecting the water bodies mentioned in these cases before the next hearing date in both the cases by e-mail immediately so as to enable them to comply with the direction.
24
14. For consideration of further report, post on 29.06.2021.
....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Dr. K. Satyagopal) O.A. No.115/2016 (SZ) & M.A. No. 118/2017 (SZ) & I.A. No.67/2020 & 130/2020 (SZ) O.A. No.156/2016 (SZ) & I.A. No. 38/2019 (SZ) 27.05.2021, Sr. 25