National Green Tribunal
Suraj Pradip Ajmera vs Aurangabad Municipal Corporation & Ors on 21 September, 2022
Item No. 7 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 29/2020(WZ)
Suraj Pradip Ajmera
.....Applicant(s)
Versus
Aurangabad Municipal Corporation & Ors
....Respondent(s)
Date of hearing: 21.09.2022
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant(s) : Mr. Nilesh Dalal, Advocate
Respondent : Mr. Aniruddha Kulkarni, Advocate for R-1 to 3
Mr. Vilas A. Jadhav, Advocate for R-4
ORDER
1. From the side of Applicant- Mr. Nilesh Dalal, Learned Counsel has appeared; from the side of Respondent Nos. 1 to 3/ Aurangabad Municipal Corporation- Mr. Aniruddha Kulkarni, Learned Counsel has appeared and from the side of Respondent No. 4/MPCB- Mr. Vilas A. Jadhav, Learned Counsel has appeared.
2. On the previous date, the Principal Bench of this Tribunal had passed following order:-
"8. It is not clear whether STPs comply with the standards, including those for Fecal Coliform. It is also not clear why STP of 135 MLD capacity at Kanchanwadi is treating only 65 MLD and why against sewage generation of 96 MLD, STP of 211 MLD capacity has been set up. It is also necessary to find out whether there is scheme in place to utilize treated sewage for industrial purposes or by other bulk users and whether Industrial Estates in and around Aurangabad have been or can be associated with the scheme to utilize treated sewage. Let this information be now furnished by the AMC before the next date.Page 1 of 7
9. AMC has to prevent pollution of river by discharge of untreated sewage to which absence of funds cannot be a plea. No one can be allowed to contaminate water which is to be consumed by living beings and used for irrigation, affecting food safety. The State is bound to honour basic human rights of citizens and arrange funds for the purpose. It is a different matter that suitable strategies are used to minimise expenditure on the subject.
10. During the hearing, suggestion has emerged that an interaction be held at the level of Chief Secretary, Maharashtra with inclusion of Secretary, Urban Development, Maharashtra and Technical Experts as may be decided by them including from IIT, Bombay, Regional Officer, CPCB and Member Secretary, State PCB to consider possibility of laying pipeline upto the industrial area for transporting treated sewage to the industrial areas so that the same can be utilized for industrial purpose. Industries Association may be associated in the project of sewage treatment and can bear a part of the cost out of Corporate Social/Environmental Responsibility, depending upon the financial capacity of the member industries. This may result in a permanent and long-lasting cheaper solution. If successful, this experiment may be tried appropriately at such other locations in the State as found appropriate and also customized different locations. The Committee may also study such models elsewhere in the country which reportedly have been successful. The Committee may also consider any other viable strategies for sewage treatment and interception and diversion of sewage, use of appropriate effective and economical technology, making group housing societies Zero Liquid Discharge (ZLD) by recycling treating sewage, after treatment in decentralized manner and utilizing the treated sewage for horticulture, flushing, cleaning or other non-drinking purposes. This strategy may help in augmenting availability of potable water particularly in drought affected areas of Aurangabad Region in Maharashtra where potable water had to be transported by trains in the past. The Secretary, Urban Development may act as nodal agency who may call for a meeting within one month."
3. In compliance with the above direction, the Principal Secretary, Urban Development Department who was made as Nodal Agency, has submitted Preliminary Feasibility Report dated 30.08.2022, where-in proposed action plan has been indicated:-
"Action Plan for securing the compliance of the orders passed by the Hon'ble NGT Terms of Reference:-
Accordingly, the Study Committee headed by Collector & District Magistrate is constituted as per the G.R. dated 18.08.2022, in consultation with the members of the committee have unanimously proposed the following Action Plan for securing the Page 2 of 7 compliance of the order passed by the Hon'ble NGT dated 09.03.2022.
a) The water requirement of the Waluj, MIDC area per day is 20.81 MLD whereas, the requirement of water in the Industrial Units at Shendra MIDC per day is 7.23 MLD. Out of the 1830 existing industrial units in Waluj MIDC area, 19 Pharmaceutical, Brewerage Units, cannot use the treated water for the processing, manufacturing and drinking purpose. Whereas out of the 307 Industrial Units at Shendra MIDC, 8 Pharmaceutical, Brewerage and Food Industrial Units cannot use the treated water for manufacturing, process and drinking purpose.
b) The Food, Pharmaceutical and the Brewerage industries are thus, required to be exempted from the policy of the promotion of the use of treated water for manufacturing and processing purposes.
c) The Sewage Water which is treated in Sewage Treatment Plants of Municipal Corporation, at Kanchanwadi, Padegaon, Jhalta, Saleem Ali Sarowar is required to be transported through dedicated underground pipeline network, from STP Plants to the concerned industrial units, wherein the said water can be used for the manufacturing and processing purpose that can be safely used for the agricultural lands of the adjacent land owners who have consented for the use of treated water for Horticulture, through the underground pipeline network.
d) The work of the laying of the underground pipeline network for the transportation of the treated water from the treatment plants to the industrial units is required to be undertaken by the MIDC & AITL authorities in their Areas. The technical plan of the work along with the estimate of the expenditure required for the completion of the work of laying down of the underground pipeline network is required to be prepared and executed by MIDC & AITL authorities., Tertiary treatment is required to be given to the sewage and other industrial effluents for minimizing COD and BOD in the effluents and sewage, so that the sewage water can be safely used for the industrial purpose instead of dumping the sewage elsewhere, and discharging the treated water in Kham River.
e) The industrial units operational in the MIDC & AITL areas are required to be encouraged for promoting the reuse of the treated water for Bottle Wash, Gardening, Watering the Plants on the road dividers etc.
f) The industrial units, are required to sensitize for encouraging, the use of treated water for industrial purpose, other than the drinking purpose.
g) The Builders Association functional in Aurangabad Corporation Limits and the fringe area have consented for using the treated water for the construction purposes and to Page 3 of 7 encourage the Group Housing Societies for promoting the installation of the sewage water treatment plants in the society, for treatment of Grey water and thereafter, for the use of the said treated water for Cleaning, Gardening and Flushing in the societies.
h) For the purpose of transportation of the treated water on the construction sites, the said water is required to be transported through tankers, having significant color codes. The preventive steps are also required to be initiated to ensure that the treated water is not used for drinking purpose accidentally by the workers working on the construction sites.
i) Possibility can be explored to insert, a condition in the building construction permission in the Municipal and Industrial limits, for the use of the treated water on the construction sites, for construction purpose and as an incentive, concessional benefits in the Municipal Taxes can be extended to the end user of treated water.
j) The exact quantity of water required by each of the industrial units functional and operation in the Waluj, Shendra, Chikalthana, MIDC is required to be ascertained and thereafter, the quantity of treated water that can be safely used by the said industrial units can be finalized by the MIDC authorities. The requisite quantity of treated water required by each of the industrial units could be transported, through dedicated underground pipeline network from the treatment plants to the concerned units.
k) The work of the laying down of the dedicated underground pipeline network for the transportation of treated water from treatment plant to industrial units in MIDC industrial areas is required to be executed and operated by the MIDC.
l) The requisite norms and the chemical composition of the quality of water required by each of the industrial units, (excluding the Food, Pharma and Brewerage industrial use) is required to be studied and determined accordingly those units who required the treated water as per the chemical composition of the treated water discharged from the treatment plant, can be supplied with the treated water through, the dedicated underground pipeline network. Estimated 30 % treated water can be safely reuse and utilized for the manufacturing and processing purpose in the industries.
m) Treated water discharged from the treatment plant, can also be utilized for the gardening purposes in the gardens, road dividers, cleaning purpose in the Slaughter Houses, Garbage Processing Industries, Safari Park etc. A detailed feasibility report in respect of the use of treated water in the Industrial Areas is required to be prepared by the MIDC authorities.
Page 4 of 7n) The express consent of the industrial units, for the reuse of treated water is required to be obtained by MIDC.
o) To organize awareness camps in the Industrial Areas and the Group Housing Societies, for the promotions and sensitization of the public in general and stake holders for use of treated water for Non-drinking purposes including the process of Manufacturing, Gardening, Flushing and Cleaning purpose.
p) The Builders, Developers and Structural Engineers can be encouraged, for using treated water on the construction sites purely for the purposes. Feasibility report to that effect is required to be prepared by All Planning Authorities appointing a consultant for preparation and submission of DPR.
q) A pre- Feasibility Report on usage of treated sewage from Aurangabad Municipal Corporations STPs for non-potable purposes in MIDC Industrial Area has been submitted by the Executive Engineer, MIDC, Civil Division, Aurangabad in the office of the Collector & District Magistrate, Aurangabad. (Copy Enclosed)
r) After the preparation and submission of the DPR, finally the policy decision is required to be taken by the State Government for framing the requisite rules ,for the use of the treated water for Non-drinking purposes by the Industrial Units, Builders, Developers, Group Housing Societies, Slaughter Houses (excluding the Food Pharma and Brewerage industries) and for that purpose if required necessary amendments in the provisions of Maharashtra Regional and Town Planning Act 1966, Unified Development Control and Promotion Regulations for Maharashtra State, Building Regulation Act and Maharashtra Municipal Corporations Act, 1949 may be carried out for achieving the purpose."
4. After going through the proposed action plan, we find that there is no time limit prescribed in the said action plan which was necessary because it cannot be kept open ended.
5. We direct the Nodal Agency/Principal Secretary, Urban Development Department to place before us the time bound action plan in tabular chart so that we can verify as to whether a particular direction has been fully complied with or not within the time frame, within a period of one month.
Page 5 of 76. It was enquired from the Learned Counsel for Respondent Nos. 1 to 3/Aurangabad Municipal Corporation as to what action has been taken with respect to the reliefs prayed by the Applicant. The Learned Counsel for the Respondent Nos. 1 to 3 has drawn attention to the affidavit dated 04.10.2021 where-in he has shown following Para Nos. 10 (B, E & F):-
"B. As per March 2019 the set plan has been finalized and accordingly provisions have been made for operation and maintenance of whole scheme for a period of 10 years. For the set period of 10 years approximate expenditure of Rs. 64.33 crores and AMC is doing it. Under the said scheme 3 STPs at kanchanwadi- 161 MLD, Padgaon- 10 MLD, Ward No. 98-14 MLD etc., Rising Main 3.34 kms, 50 kms underground sewage line under the main sewage line of 68 kms, these work have been completed. Total cost for this particular plan is Rs. 373.03 crores, out of which Central Government has contributed Rs. 219.94 crores, State Government has contributed Rs. 73.13 crores and AMC contribution is Rs. 54.47 crores.
E. AMC has achieved capacity of 211 MLD sewage treatment at 4 STP's. This includes the previous build Dr. Salim Ali STP. Capacity of Kanchanwadi STP has been enhanced from 136.50 MLD to 161 MLD. Capacity of Zalta STP has been increased from 15 MLD to 35 MLD. Construction of both the STPs is completed. Therefore, according to the proposed plan 4 STP with the total capacity of 211 MLD have been built as per this design the capacity to treat sewage water is upto 473.50 MLD.
F. At present, 155 MLD water is supplied from Nath Sagar situated at jayakwadi Dam, Paithan, Dist. Aurangabad and around 135 MLD water reaches the city. According to the CHEEPCO manual of the Central Government, 80 % of 135 MLD, that is 108 MLD sewage generated. The STPs which have been constructed in the City under the UIDSSMT, its total capacity is 206 MLD including the existing operational Dr. Salim Ali STP SMLD is of 211 MLD capacity, it has to be treated. The current operational STP is treating 75 to 85 MLD."
and having drawn attention to above paragraph, it is argued by him that 4 STPs have already been set up of the capacity 473.50 MLD which is much above the sewage generation of 108 MLD at Aurangabad as of now.
After setting up the STPs sewage which is being generated, is being taken care of completely which is being disputed by the Learned Counsel for the Applicant but there is no rejoinder affidavit on oath controverting this Page 6 of 7 fact. If he has to say anything, he may say on oath within a period of 07 (seven) days.
Put up this matter on 31.10.2022 for further hearing.
7. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM September 21, 2022 Original Application No. 29/2020(WZ) P.Kr Page 7 of 7