National Green Tribunal
Sarang Yadwadkar vs Through Municipal Commissioner on 27 January, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 03 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
PUNE BENCH
(By Video Conferencing)
Org. Application No. 30/2020(WZ)
Sarang Yadwadkar & Ors. Applicant(s)
Versus
PMC & Ors. Respondent(s)
Date of hearing: 27.01.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Ritwik Dutta, Advocate
Respondent(s): Mr. Rahul Garg, Advocate for R-1 (PMC)
Ms. Mansi Joshi, Advocate for MPCB (R-3)
ORDER
1. Grievance in this application is against discharge of untreated sewage in Mutha River at Pune and dumping of debris on river bed of the said river by Respondent Nos. 4 and 5 - Sudhakar Kale and Mangesh Gujrathi and failure of the Puna Municipal Corporation (PMC) to take remedial action.
2. According to the applicants, breakage of 5' diameter sewer line along the bank of the Mutha River on 22.03.2020 led to a leakage of raw sewage directly into the river. Further, 150 Cu. M. of soil and debris had been illegally dumped on the river bed. Due to the unauthorized 1 dumping of soil/debris, the chamber of drainage line had collapsed and the sewage was entering the river. 810 Cu. M. of soil had been found to be illegally dumped without any authorization along the riverbed on their land. Flood Plains of River Mutha are demarcated as Blue Flood Line, Red Flood Line and Prohibitive Zone for regulation of activities, as per Circular dated 03.05.2018 of the Maharashtra Government.
3. Considering the above, the Tribunal, on 22.07.2020, constituted a Committee comprising (i) Municipal Commissioner, Pune, (ii) Chief Engineer, Irrigation Department and (iii) Maharashtra Pollution Control Board to submit a factual report in the matter. The report was expected to mention following specific information:
"i) Total number of drains discharging untreated water into the river.
ii) Total number of dump site on the riverbed.
iii) Action plan and any proposal with regard to no construction zone on the riverbed.
iv) Total number of STPs installed and working.
v) Total number of STPs under proposal and under construction and with the capacity for treating untreated water.
vi) Total generation of sewage of city Pune and capacity to treat water.
vii) Analysis of gap and future plan to meet out the gap between the generation and the disposal."
4. The Joint Committee gave its report on 30.07.2020 to the effect that remedial action was taken when the breaking of the drainage line came to notice. Action was also taken to remove debris and unauthorized constructions. Report gives information about the number of drains discharging untreated water into the river, action plan to prevent unauthorized construction and discharge. The said information is as follows:
"Information about STP and drain: -2
i) Total number of drains discharging untreated water into the river: -
There are total nine drains out of which two are major drains and seven are small drains located between Rajaram Bridge to Mhatre Bridge Mutha river stretch which are discharging untreated sewage water into the river. MPCB has collected untreated water samples of drains and from the analysis results it is stated that, the parameters BOD, COD and SS are exceeding. The analysis results along with photographs of the drains are attached and annexed herewith as an annexure- V.
ii) Total number of dump site on the riverbed: - No any dumpsite observed during visit.
iii) Action plan and any proposal with regard to no construction zone on the riverbed. PMC has mentioned action taken which are stated above.
iv) Total number of STPs installed and working.
PMC has provided two no. of STPs in the said river stretch. One STP located at Mhatre Bridge, Erandwana of capacity 50 MLD and another STP located at Rajaram Bridge, vittalwadi of capacity 32 MLD. Both are in working condition.
Details of existing STP's in PMC area are as below, S. No. STP Location STP Status STP Actual Consent to Corn missi (Operational/ Installed utilization operate is oned in Non- Capacity capacity valid up to (Year) Operational) 1 Erandwane STP, 2004 Operational 50 MLD 50 MLD 31.12.2023 S.No.3&4 Erandwane 2 Bopodi STP, S.No.2A, 2003 Operational 18 MLD 18 MLD 31.12.2023 2B, 2C, 2D &6 (P) Bopodi 3 S.No.24, Tanajiwadi, 2014 Operational 17 MLD 17 MLD 31.12.2023 Shivajinagar 4 Bhairoba STP, Final plot 2003 Operational 130 MLD 130 MLD 31.12.2023 No.330 S.No.33A, 33B Koregaon Park 5 Mundhawa STP, 2009 Operational 45 MLD 45 MLD 31.12.2023 S.No.2,3A,4 Mundhawa 6 Vithalwadi STP, 2009 Operational 32 MLD 32 MLD 31.12.2023 S.No.20(P) Hingane 7 Old Naidu STP, S.No.439 1988 Declared 90 MLD 30 MLD 31.12.2023 To 444 Pune final Plot No. defunct by PMC 98 Kennedy Road but partially operational.
8 Baner STP, S.No.221 To 2011 Operational 30 MLD 30 MLD 31.12.2023 227 Baner 3 9 Kharadi STP, S.No.74, 75 2012 Operational 40 MLD 40 MLD 31.12.2023 Kharadi 10 New Naidu STP, 2010 Operational 115 MLD 115 MLD 31.12.2023 S.No.439 To 444 Pune final Plot No. 98 Kennedy Road Total 567 MLD 507 MLD
v) Total generation of sewage of city Pune and capacity to treat water, analysis of gap.
Population of Pune Municipal Corporation area including newly added villages- approx. 42.0 Lakhs Total water Consumption of PMC- 1350 MLD Total sewage Generation in PMC- - 750 MLD Actual Sewage Treatment - 507 MLD Gap in treatment -- 243 MLD Total 10 nos. of STP's are provided. One STP is in partially in operation. PMC declared it as defunct.
Total untreated sewage discharged to river-
243 MLD.
vi) Future plan by PMC to meet out the gap between the generation and the disposal: -
PMC has prepared project for 11 no. of proposed STPs of capacity 396 MLD considering population growth up to the year 2027 under JICA Project. Presently, tendering process for different works is in process.
Timeline for completion of project is up to 2025.
Details of proposed STPs is as below,
Sr. STP Capaci Area Time Present Status
No location ty in Ha. period for
MLD completio
n
1 Botanical 10 0.55 2025 Land of 0.25 Ha is in PMC's
Garden possession. For remaining 0.30
Ha land NOC from Agricultural
University is received.
2 Baner 25 0.95 2025 Land acquisition is under
process & will be acquired
shortly.
3 waraje 28 1.14 2025 Land acquisition is under
process & will be acquired
shortly.
4 Vadgaoan 26 1.02 2025 Government land is in possession
of PMC.
5 Tanajiwadi 15 0.35 2025 Land is in possession of PMC.
6 Near Naidu 127 4.05 2025 Land is in possession of PMC.
Hospital
4
7 Dhanori 33 1.36 2025 Land is in primary possession of
PMC.
8 Bhairoba 75 2.19 2025 Land is in possession of PMC.
9 Mundhwa 20 0.91 2025 Land is in possession of PMC.
10 Kharadi 30 0.7 2025 Private land of 0.7 Ha is in
primary possession of PMC.
11 Matsya 7 0.26 2025 Land is in possession of PMC.
Beej
Kendra
Total 396
In addition to above, PMC proposed to construct one 10 MLD STP at Ramtekadi Industrial Estate Hadapsar, Pune.
Irrigation Department Pune: -
After various follow-up by MPCB as nodal agency, Irrigation Department has not submitted any report with respect to this application.
Conclusion: -
The dumping of construction debris remains a problem for cities as urbanization is at a rapid pace. The urban sprawl is in a large area and sometimes goes beyond the city limits, a few miscreant truck owners usually find no man's land to illegally dump their truck loads. It is imperative that the building construction industry adhere to C& D waste policy adopted by PMC and strict actions to be taken for illegal dumping and a vigil to be kept at various likely locations of dumping. Also, instead of centralized C & D waste processing plant at Wagholi for whole PMC jurisdiction, it is suggested that, PMC shall decentralize C&D processing plant at various locations to cover total PMC jurisdiction. PMC shall increase vigilance across the river to prevent debris dumping and encroachment across the river. PMC shall provide service for 24 X 7 to attend complaints regarding damage of sewer line, manhole. PMC shall provide customer care number for illegal dumping of debris, damage of sewer line/ manhole etc. PMC shall speed up the work towards installation of proposed STP within stipulated time. Till the commissioning of proposed STPs, PMC shall take short term measures to treat untreated sewage which further leads to river."5
5. PMC filed its response on 27.11.2021 acknowledging that 20% of sewage was discharged into the river due to damage to the sewer line which was later repaired. Relevant extracts from the reply are as follows:
"xxx ......................................xxx................................xxx
5. It is pertinent to note that India was under a strict lockdown due to the Covid-19 pandemic during April 2020.
The city of Pune was also under a strict lockdown in the light of first wave of corona virus. Taking into account the pollution that was being caused due to discharge of sewage directly into the river and the resulting environmental damage, Mr. Lalu Devkar, Government contractor, repaired the damaged chamber of sewer line between 15/05/2020 and 18/05/2020 inspite of the lockdown. Letter written by the Government contractor dated 20/5/2020 informing the PMC about the completion of repair work is annexed herewith and marked under `Annexure B'
6. to the damage to the sewer chamber, 20% of the sewage carried by the sewer line was being discharged into the river and 80% of the sewage was flowing smoothly into the Erandwane STP. After the repairs were completed by the PMC, no sewage is being discharged into the river. I state and submit that the damaged sewer chamber has been repaired and presently there is no sewage being discharged into the river.
xxx ........................................xxx...........................xxx
16. I state and submit, at para. 19, it is alleged that the photograph of sewage leaking into the river also shows the reclamation of land along the river banks. It is also alleged that this illegal reclamation has damaged the sewage lines and chamber. I state that Respondent no. 4, and respondent no. 5 have been issued notices u/s 53 (1) of the Maharashtra Regional and Town Planning Act, 1966 on 15/04/2020 and 14/05/2020 respectively. In his reply dated 16/05/2020, Respondent no. 5 has stated that the previous encroachments along the blue line have been removed by him. Respondent no. 4in his reply dated 22/05/2020 has stated that he did not dump debris into the Mutha river.
17. I state and submit in respect of para. 20, notices under Section 53(1) of Maharashtra Regional Town Planning Act, 1966 was issued to Respondent No. 4 and 5. I state that section 53(1) is the only section available for PMC to initiate action against the polluters.
18. I state and submit that para. 21 contains a statement of fact and hence requires no response from this Respondent No. 1.
619. I state and submit that, with reference to para. 22, respondent no. 4 was also served with a notice under u/s 53 (1) of the Maharashtra Regional and Town Planning Act, 1966.
20. I submit that, with reference to para. 23, upon being served with notices under u/s 53 (1) of the Maharashtra Regional and Town Planning Act, 1966, respondent no. 5 stated that he has removed previous encroachments along the blue line of the river and respondent no.4 has stated that he did not dump any debris into the river for reclamation of land.
21. I submit that, with reference to para. 24, the PMC has fulfilled its responsibility by repairing the damaged sewer line and raw sewage is no longer being discharged into the Mutha river. Previously, between 12/08/2017 and 27/08/2017, the Respondent no. 1 PMC and Irrigation Department have jointly removed 43505 Sq. ft. of illegal construction and 9300 cu. Meter of dumped material between the blue line and the river basin in compliance of the order passed by this Hon'ble Tribunal in O.A. 08/2015 Sujal Sahakari Gruharachana Sanstha. In the present case, the damaged sewer line and sewer chamber has been repaired by the officers of PMC. It is respectfully submitted that a lockdown was in force due to the Covid-19 pandemic situation and the PMC officers were deputed on Covid-19 related duties. The Hon'ble Tribunal may be pleased to consider the constraints placed on PMC during the lockdown period and the Hon'ble Tribunal may be pleased to consider that the PMC repaired the damaged sewer chamber between even during lockdown period.
22. I state and submit that, with reference to Ground A, the present respondent No. 1 PMC has fulfilled its responsibility by issuing notices u/s 53 (1) of the Maharashtra Regional and Town Planning Act, 1966 to the violators, that is, Respondent no.4 and Respondent no. 5. The PMC has also repaired the damaged sewer line and sewer chamber. Thus, sewer water is no longer being discharged into the Mutha River. Thus, there has been no omission on part of the Respondent No. 1 PMC.
23. With reference to Ground B, I state and submit that the PMC has not been negligent. The PMC promptly repaired the damaged sewer line even during the strict lockdown period and issued notices u/s 53 (1) of the Maharashtra Regional and Town Planning Act, 1966 to the violators, that is, Respondent no.4 and Respondent no. 5. Thus, sewage is no longer being discharged into the Mutha River. Previously, between 12/08/2017 and 27/08/2017, the Respondent no. 1 PMC and Irrigation Department have jointly removed 43505 Sq. ft. of illegal construction and 9300 cu. Meter of dumped material between the blue line and the river basin in compliance of the order passed by this Hon'ble Tribunal in O.A. 08/2015 Sujal Sahakari Gruharachana Sanstha. Thus, it is amply clear that the PMC has not been negligent about fulfilling its duties and the PMC has protected the river banks from encroachment.
724. I state and submit that, with reference to Ground C, the Hon'ble Tribunal is required to apply the polluter pays principle, the precautionary principle and the principle of sustainable development according to Section 20 of the NGT Act 2010. Polluter principle states that the one who is responsible for causing pollution must bear the cost of repairing the damage to the environment. In the present case, the sewer line and chamber was damaged because of illegal dumping by Respondents no. 4 and 5. On the other hand, PMC repaired the damaged sewer line and chamber thereby stopping the discharge of sewage in the Mutha river. As mentioned previously, PMC also took appropriate steps by issuing notices u/s 53 (1) of the Maharashtra Regional and Town Planning Act, 1966 to the polluters R-4 and 5. Thus, PMC has not violated section 24(1)(a) of the Water (Control and Prevention of Pollution) Act, 1974.
25. With reference to Ground D, In the present case, the PMC has repaired the damaged sewer line even during the lockdown period. I repeat that previously between 12/08/2017 and 27/08/2017, the Respondent no. 1 PMC and Irrigation Department have jointly removed 43505 Sq. ft. of illegal construction and 9300 cu. Meter of dumped material between the blue line and the river basin. Thus, PMC has fulfilled its responsibility and there has been no violation of the order in The Commissioner, Pune Municipal Corporation and Ors., 2013 SCC Online NGT 448."
6. The applicants have filed their response to the report of the Committee with the grievance that untreated sewage was discharged for 57 days for which no accountability has been fixed. PMC is also accountable for not preventing such discharge, being under statutory obligation to do so. Relevant extracts from the said response are as follows:
"3. The committee visited the site on 5-11-2020 i.e., 3.5 months after the directions of Hon'ble NGT and 7 months after the incident. Respondent Nos. 4 and 5, who were in possession of the subject property, had enough opportunities to alter the site conditions by removing their encroachment made by dumping debris on the riverbed.
4. The report filed by the Committee, fails to quantify the untreated sewage that was being spilt in Mutha River due to the specific incident and duration of the spillage. It needs to be noted that in a similar case of trunk sewer breakage, OA 71/2020, similar committee was constituted by Hon'ble NGT. In that case the while filing their report, the committee scrupulously 8 computed the daily spillage of raw sewage as well as the duration of the spillage. However, no such calculation was done in the present case.
5. Notice issued by Respondent No. 1 to Respondent No. 4 on 15.04.2020 at Annexure III at Page No. 63 or Annexure A-7 at Page No. 38 specifically quantifies the dumping of debris by Respondent No. 4 as 30 Ft. X 30 Ft. X 15 Ft. It is also mentioned in the notice that, "due to the unauthorized dumping of soil/debris by you at DP Road, Karwenagar, Pune, chamber of drainage line is collapsed and the sewage is entering the river."
6. Notice issued by Respondent No. 1 to Respondent No. 3 on 14.05.2020 at Annexure III at Page No. 57 or Annexure A-9 at Page No. 41 specifically quantifies the dumping of debris by Respondent No. 3 as 810 Cu. M. (15 M. X 12 M. X 4.5 M.). In this notice too, it is specifically mentioned as, "due to the dumping of soil/debris inside/along Red/Blue Line of Mutha River, drainage line and drainage chamber is damaged and the flow of river is being continuously polluted.
7. It would be crucial to note at this stage that the drainage line is located well inside Blue line of river Mutha as per the flood line maps prepared by Irrigation Dept. (Annexure A-4 at Page No. 35).
8. In light of para Nos. 1, 3 and 4 above. the committee's statement that, "there is no dumping of material" does not remain valid as the committee has visited the site 3.5 months after the directions of Hon'ble NGT, 6 months 20 days after serving the first notice and 7 months after the incident took place, thus giving full opportunity to Respondent Nos. 3 and 4 to alter the site conditions.
9. The letter issued by the Executive Engineer, Irrigation Dept. to R1 after visiting the site says, "It has been brought to your notice that plot owners along DP Road have reclaimed Mutha River bed by way of dumping. This may cause impediments to flood discharge and serious situation may arise." This letter has not been considered by the said committee while preparing their report.
10. The photograph dated 11-05-2020 attached as "Annexure-JA" clearly shows construction debris inside flood line. The height of the debris is around 30 Ft.
11. The Google Earth image clearly shows the dumping of debris on riverbed by Respondent No. 4 and Respondent No. 5 to increase their landmass on the riverbed. "Annexure-2A"
12. At Para No. 1 on Page 77, Respondent No. 1 states:
9"1 state and submit that MC received complaint regarding the breakage of sewer chamber from Mr. Sarang Yadwadkar on 12/04/2020."
This statement by Respondent No. 1 is misleading as prior to sending a letter, Applicant had informed about the leakage of the sewage line by WhatsApp message to Respondent No. 1. The WhatsApp message and photograph sent by Applicant to Mr. Pawaskar, incharge of Drainage Dept. of Respondent No. 1 is dated 22/03/2020. This evidently proves two aspects, one; the sewage spilling related to this specific incident had started on or before 22/03/2020 and two, Respondent No. 1 was informed by Applicant about the said incident on 22/03/2020.
"Annexure No. 3A"
13. As mentioned by Respondent No. 1 in Para No. 5, Page 77, the damaged inspection chamber was repaired by 18/05/2020. Thus, it is evident that the raw sewage was spilling into the river for minimum duration of 57 days (from 22/03/2020 to 18/05/2020).
14. Further in Para No. 6, Page 77, Respondent No. 1 claims:
"Due to the damage to the sewer chamber, 20% of the sewage carried by the sewer line was being discharged into the river and 80% of the sewage was flowing smoothly into the Erandawane STP."
15. Without computing the total quantity of the sewage flowing through the sewer, it is not possible that PMC officials could estimate that only 20% of the sewage was spilling into the river, that too without providing any scientific data, study or calculations.
16. MPCB has also observed that the levels of BOD, COD and SS are exceeding in river water. The report also highlights that 243 MLD untreated sewage is released in the rivers by Respondent No.
1.
17. At Page No. 51 MPCB states following figures:
• Total water consumption of PMC - 1350 MLD • Total sewage generation of PMC - 750 MLD • Actual Sewage Treatment - 507 MLD 10 Total untreated sewage discharges to • - 243 MLD river
18. Central Pollution Control Board has published "Status of Water Supply, Wastewater Generation and Treatment in Class-I Cities & Class-II Towns of India". Said report in Chapter 1, Para 1 mentions as under:
"In urban areas, water is tapped for domestic and industrial uses from rivers, streams, wells and lakes. Almost 80% of the water supplied for domestic use, comes out as wastewater.
Thus, it evident that as per the CPCB norms, 80% of the consumed water is converted into waste water. Accordingly, the sewage generation in Pune works out as under:
• Total water consumption of PMC - 1350 MLD • Total sewage generation of PMC (80%) - 1080 MLD • Actual Sewage Treatment - 507 MLD Total untreated sewage discharges to river - 573 MLD As the consumption of ground water cannot be measured, the sewage generated from ground water is not considered in this scenario. Therefore minimum 573 MLD raw sewage is released in rivers by Pune Municipal Corporation which must be taken very seriously as it is causing grave harm to the fishes, agriculture, cattle and humans residing downstream.
19. It is stated that Irrigation Department has not filed any report with respect to this Application. Applicants therefore reserve their rights to file another Rejoinder as and when the report is filed by Irrigation Department.
20. The Committee concludes at the end of the Report highlighting:
"PMC shall speed up the work towards installation of proposed STP within stipulated time. Till commissioning of proposed STPs, PMC shall take short term measures to treat untreated sewage which further leads to river."
21. It is therefore now becomes incumbent upon PMC and MPCB to give highest priority to install sufficient STPs over any other river related beautification work; so that the rivers flow clean on the downstream of Pune and to define the stipulated limit for the installation 11 of the proposed SPTs and follow the same. It also becomes binding upon both the organizations to specify and quantify the "short term measures" to treat the untreated sewage which further leads to river."
7. The PMC has also filed a written note dated 25.01.2022 to the effect that due to pandemic time was taken in remedying the damage and PMC has now proposed 11 new STPs to take care of the situation.
8. We have given due consideration to the issues raised. It is a matter of concern that there has been serious neglect on the part of the PMC in failing to protect the flood plain zone of the rivers. While pandemic is a reality, preventing any damage to the river system is also a matter of necessity. Situation of maintaining the river unpolluted remains far from satisfactory. Effectiveness of steps so far taken as well as planned may need to be cross checked and reviewed at an appropriate higher level. As per statistics shown, there appears to mismatch in sewage generation figure shown and real figure and consequential gap in treatment. Gap seems to be larger than what is projected. Having regard to continuous threat to the river morphology, hydrology and ecology, there is need to prepare a sound long-term plan in the light of projected sewage generation for atleast next 20 years and also to have contingency plan to deal with incidents of present nature in future, besides other necessary measures on the subject. The report does not mention the quantity and analysis of waste water discharged from the nine drains as well as the water quality of River Mutha at various locations. STPs for treating 507 MLD sewage have been constructed between 1988 to 2014 but their performance with respect to BOD and Fecal Coliform has not been revealed in the report. The quantity of estimated sewage generated leaves gap of 573 MLD against treatment capacity. Mutha River has been identified as one of the polluted river stretches (Priority I and II) for which 12 action plan has to be prepared to River Rejuvenation Committee, to be overseen by the Chief Secretary, Maharashtra in terms of earlier order of this Tribunal in OA No. 673/2018.
9. Accordingly, we direct constitution of a Joint Committee headed by Principal Secretary, Environment Department, Maharashtra with Secretaries, Irrigation Department, Urban Development Department, Maharashtra, Member Secretary, State PCB, and Municipal Commissioner, PMC as Members. The Municipal Commissioner, PMC will be the Member Secretary of the Committee to facilitate coordination and compliance. The Committee may meet within one month. It will be open to the Committee to conduct proceedings online, except for undertaking site visit, if necessary. The Committee may interact with the stakeholders and take stock of the situation. It may prepare a realistic plan which inter-alia may include implementation of complete action plan for rejuvenation of Mutha River through RRC, to be overseen by the Chief Secretary, Maharashtra, including the components mentioned in the above para to address the challenges, in the light of past failures and violations. The Committee will be free to take assistance from any other individual/institution. Proceedings of the Committee may be concluded preferably within three months and minutes placed on the websites of State PCB and PMC. The PMC may thereafter faithfully execute the plan so approved by the Committee. The State PCB may recover compensation for the violation of water quality norms from the violators, following due process of law. The Joint Committee may coordinate with the River Rejuvenation Committee. There is need for vigilance squad to monitor unauthorized dumping of waste including C&D waste and preventing encroachment of the flood plain zones as identified. The citizens also 13 need to be associated in move for creating awareness and for restoration of the river.
The application is disposed of.
A copy of this order be forwarded to the Chief Secretary, Maharashtra, Principal Secretary, Environment Department, Maharashtra, Secretaries, Irrigation Department and Urban Development Department, Maharashtra, Member Secretary, State PCB, and the Municipal Commissioner, PMC by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. Nagin Nanda, EM Dr. Vijay Kulkarni, EM Dr. Afroz Ahmad, EM January 27, 2022 Org. Application No. 30/2020(WZ) DV 14