National Green Tribunal
Sandeep Singh vs State Of Punjab on 8 May, 2023
Item No.07 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option
Original Application No.498/2022
Sandeep Singh ...Applicant
Versus
State of Punjab ...Respondent
Date of hearing: 08.05.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Applicant in person (through VC).
Respondents: None for respondents
Application is registered based on a Letter Petition received by Email.
ORDER
1. Mr. Sandeep Singh resident of VPO Khanpur, Tehsil and District Malerkotla, Punjab has sent the present letter petition, which is treated and registered as original application, complaining about discharge of sewage water in the drain passing by village Saroud Road. The applicant has submitted that two village ponds were constructed by Gram Panchayat headed by Mr. Harbhajan Singh, Sarpanch under MGNREGA Scheme for discharge of sewage water but the Sarpanch leased out one of the village ponds for fish farming and diverted the sewage water to the above said drain.
The water from the drain is used by the farmers for irrigation of their crops and also by the birds and animals for drinking and contamination of the water of the drain may prove lethal to the health of human beings as well as of the animals and birds.
O. A. No. 498/2022 Sandeep Singh Vs State of Punjab -2-
2. The applicant submitted that he obtained information from the concerned Administrative Authorities including BDPO and came to know that STP has been sanctioned in his village which has also been constructed but the STP has not been put into operation and untreated sewage is being discharged in the drain. The applicant has prayed that the sewage be discharged into the drain after treatment in the STP constructed in the village.
3. This Tribunal, vide order dated 29.08.2022, took cognizance and constituted a Joint Committee comprising of representative of State PCB and Deputy Commissioner, Malerkotla with direction to submit its report within one month which period was extended vide order dated 07.12.2022.
4. In compliance thereof report of the Joint Committee has been filed vide email dated 03.02.2023. The relevant part of the report of the Joint Committee is reproduced as under:-
"Submission of report of Joint Committee and subsequent action taken report in compliance to order dated 29.08.2022.
X X X X Visit to the site on 2.11.2O22 by Deputy Commissioner, Malerkotla along-with other officers
2. That in compliance to the orders dated 29.8.2022, the site in question at village Khanpur was visited and inspected by Deputy Commissioner, Malerkotla along-with officers of the concerned departments on 2.11.2022 and the applicant complainant Sh. Sandeep Singh was also associated by the team of officers during visit. Following officers had visited the site on 2.11.2022.
a) Sh. Sanyam Aggarwal, IAS, Deputy Commissioner, Malerkotla.
b) Smt. Rajdeep Kaur, PCS, Addl. Deputy Commissioner (D), Malerkotla.
c) Sh. Karandeep Singh, PCS, Sub Divisional Magistrate, Malerkotla.
d) Smt. Navdeep Kaur, O. A. No. 498/2022 Sandeep Singh Vs State of Punjab -3- Block Development & Panchayat Officer, Malerkotla.
e) Sh. Simarpreet Singh, Asstt. Environmental Engineer, Punjab Pollution Control Board, Sangrur.
f) Smt. Kamalpreet Kaur, Sub-Divisional Engineer, Sub-Division-I, Department of Water supply & Sanitation, Punjab, Malerkotla.
g) Sh. Varinder Singla, SDE Asstt. Engineer, Department of Rural Development and Panchayats, Punjab Malerkotla.
Proceedings of visit 2.11.2022
3) That during visit, Deputy Commissioner, Malerkotla asked the representative of the Department of Rural Development and Panchayati Raj to explain the position of the project. The representative of department informed that office of Panchayat Samiti, Malerkotla-I vide office letter no. 1933 dated 18/08/2021 has issued funds amounting to Rs. 8.0 lacs for construction of treatment plant at Village Khanpur. The representative further informed that an estimate of amount of Rs. 12.50 lacs had been prepared and submitted for the allocation of funds and an amount of Rs. 8.0 lacs has been received from the office of Panchayat Samiti, Malerkotla-I. Accordingly, the construction work of treatment plant as per Thapar model had been started at the site. The said amount has got consumed in the construction of 3 number of wells, which is the part of the treatment facility. He further requested for allocation of remaining funds in order to complete the construction of treatment facility.
Views of the applicant complainant The complainant Sh. Sandeep Singh who was also present at the time of visit informed that the sewer line of only one street of the village is attached to the treatment facility. He requested to attach the sewer line of whole village to the treatment facility.
Queries of Deputy Commissioner The Deputy Commissioner asked the BDPO, Ahmedgarh if any funds available for the construction/ completion of the said project. The BDPO intimated that the funds are available in 15th finance commission and same can also be utilized for the completion of the project.
Directions given by Deputy Commissioner, Malerkotla Accordingly, the Deputy Commissioner, Malerkotla directed the office of BDPO, Ahmedgarh to provide Rs. 4.50 lacs to Executive Engineer, Department of Rural Development and Panchayats, O. A. No. 498/2022 Sandeep Singh Vs State of Punjab -4- Malerkotla for the completion of the said project. The Deputy Commissioner also directed that the project shall get commissioned within one month after the allocation of funds. It was also directed that the sewer line of whole of the village shall also get connected to the treatment facility. The Assistant Environmental Engineer of Punjab Pollution Control Board was directed to ensure compliance of the above direction by respective departments and to file the necessary report with the Hon'ble National Green Tribunal.
Joint Committee report / Copy of the proceedings of visit The Joint Committee report / proceeding of the visit performed by the team of officers on 2.11.2022 as explained above signed by Deputy Commissioner, Malerkotla and Assistant Environmental Engineer, Punjab Pollution Control Board, Regional Office, Sangrur is enclosed herewith as Annexure-A for kind perusal of the Hon'ble Tribunal.
Intimation of directions given to the concerned officers for compliance
4) That in compliance to the directions of the Deputy Commissioner, Malerkotla, a copy of the proceedings of the visit performed by the team of officers on 2.11.2022 also containing the directions of Deputy Commissioner, Malerkotla was forwarded to the following concerned officers of various departments by the Assistant Environmental Engineer Punjab Pollution Control Board, Regional Office, Sangrur vide letter no. 5262-5266 dated 15.11.2022 for compliance
a) Smt. Rajdeep Kaur, PCS, Addl. Deputy Commissioner (D), Malerkotla.
b) Sh. Karandeep Singh, PCS, Sub Divisional Magistrate, Malerkotla.
c) Smt. Navdeep Kaur, Block Development & Panchayat Officer, Malerkotla.
d) Smt. Kamalpreet Kaur, Sub-Divisional Engineer, Sub-Division-I, Department of Water supply & Sanitation, Punjab, Malerkotla.
e) Sh. Varinder Singla, SDE Department of Rural Development and Panchayats, Punjab Malerkotla.
A copy of letter no. 5262-5266 dated 15.11.2022 is enclosed herewith as Annexure-B. Subsequent action taken by the Departments O. A. No. 498/2022 Sandeep Singh Vs State of Punjab -5-
5) That the Assistant Environmental Engineer of Punjab Pollution Control Board, Regional Office, Sangrur had pursued the matter with different departments for compliance of the directions of Deputy Commissioner, Malerkotla. Accordingly, the Executive Engineer, Panchayati Raj Public Works Divisions, Malerkotla has prepared and submitted revised estimate of Rs. 18.50 Lakh for liquid waste treatment plant which was received by the office of Block Development and Panchayat Officer, Ahmedgarh on 9.12.2022. The work of waste treatment plant based on Thapar Model has already been completed to the tune of 40% amounting to Rs. 8 Lacs. Now, the Executive Officer, Panchayat Samitti, Ahmedgarh has released a sum of Rs. 10.50 Lakh to the Panchayat of Village Khanpur and on 16.12.2022 the office of Executive Engineer, Panchayati Raj Public Works Divisions, Malerkotla has transferred the said amount. In this regard, a letter of confirmation dated 16.12.2022 as issued by the Block Development and Panchayat Officer, Ahmedgarh to the District Development and Panchayat Office, Malerkotla is placed at Annexure-C. Remedial action: Resolution of the grievance of the applicant
6) That the requisite approval for tendering process has been obtained by the Department and the work of waste treatment plant based on Thapar Model will be completed within three month. The remedial action has already been initiated and the grievance of the complainant stands resolved.
7) That the report of the Joint Committee and further action taken report is hereby submitted for kind perusal and appropriate orders of the Hon'ble National Green Tribunal."
5. Pursuant to supply of copies of the report to the concerned Authorities as directed vide order dated 29.08.2022, reply has been filed on behalf of PSPCB vide email dated 03.02.2023. The relevant part of the reply filed by PSPCB is reproduced below:-
"Short reply on behalf of the Punjab Pollution Control Board X X X X
2. That in compliance to the orders dated 29.8.2022, the site in question at village Khanpur was visited and inspected by Deputy Commissioner, Malerkotla along-with officers of the concerned departments on 2.11.2022 and the applicant complainant Sh. Sandeep Singh was also associated by the team of officers during visit. Following officers had visited the site on 2.11.2022.
a) Sh. Sanyam Aggarwal, IAS Deputy commissioner, Malerkotla.
b) Smt. Rajdeep Kaur, PCS, O. A. No. 498/2022 Sandeep Singh Vs State of Punjab -6- Addl. Deputy Commissioner (D), Malerkotla.
c) Sh. Karandeep Singh, PCS, Sub Divisional Magistrate, Malerkotla.
d) Smt. Navdeep Kaur, Block Development & Panchayat Officer, Malerkotla.
e) Sh. Simarpreet Singh, Asstt. Environmental Engineer, Punjab Pollution Control Board, Sangrur.
f) Smt. Kamalpreet Kaur, Sub-Divisional Engineer, Sub-Division-I, Department of Water supply & Sanitation, Punjab, Malerkotla.
g) Sh. Varinder Singla, SDE Asstt. Engineer, Department of Rural Development and Panchayats, Punjab Malerkotla.
3) That during the visit, the representative of the Department of Rural Development and Panchayats informed that an estimate of amount of Rs. 12.50 lacs had been prepared and submitted for the allocation of funds and an amount of Rs. 8.0 lacs has been received from the office of Panchayat Samiti, Malerkotla-I. Accordingly, the construction work of treatment plant as per Thapar model had been started at the site. The said amount has got consumed in the construction of 3 number of wells, which is the part of the treatment facility. The representative requested for allocation of funds to complete the construction of treatment facility.
The applicant complainant Sh. Sandeep Singh informed that the sewer line of only one street of the village is attached to the treatment facility and requested to attach the sewer line of whole village to the treatment facility.
After, confirming availability of funds, the Deputy Commissioner, Malerkotla directed BDPO, Ahmedgarh to provide Rs. 4.50 lacs to Executive Engineer, Department of Rural Development and Panchayats, Malerkotla for the completion of the said project. The Deputy Commissioner also directed that the project shall get commissioned within one month after the allocation of funds. It was also directed that the sewer line of whole of the village shall also get connected to the treatment facility. The Assistant Environmental Engineer of Punjab Pollution Control Board was directed to ensure compliance of the above direction by respective departments and to file the necessary report with the Hon'ble National Green Tribunal.
O. A. No. 498/2022 Sandeep Singh Vs State of Punjab -7- The Joint Committee report / proceeding of the visit performed by the team of officers on 2.11.2022 signed by Deputy Commissioner, Malerkotla and Assistant Environmental Engineer, Punjab Pollution Control Board, Regional Office, Sangrur is enclosed herewith as Annexure-A for kind perusal of the Hon'ble Tribunal. The report has also been filed separately by the Administration.
4) That in compliance to the directions of the Deputy Commissioner, Malerkotla, a copy of the proceedings of the visit performed by the team of officers on 2.11.2022 also containing the directions of Deputy Commissioner, Malerkotla was forwarded to the following concerned officers of various departments by the Assistant Environmental Engineer Punjab Pollution Control Board, Regional Office, Sangrur vide letter no. 5262-5266 dated 15.11.2022 for compliance
a) Smt. Rajdeep Kaur, PCS, Addl. Deputy Commissioner (D), Malerkotla.
b) Sh. Karandeep Singh, PCS, Sub Divisional Magistrate, Malerkotla.
c) Smt. Navdeep Kaur, Block Development & Panchayat Officer, Malerkotla.
d) Smt. Kamalpreet Kaur, Sub-Divisional Engineer, Sub-Division-I, Department of Water supply & Sanitation, Punjab, Malerkotla.
e) Sh. Varinder Singla, SDE Department of Rural Development and Panchayats, Punjab Malerkotla.
A copy of letter no. 5262-5266 dated 15.11.2022 is enclosed herewith as Annexure-B.
5) That the Assistant Environmental Engineer of Punjab Pollution Control Board, Regional Office, Sangrur had pursued the matter with different departments for compliance of the directions of Deputy Commissioner, Malerkotla. Accordingly, the Executive Engineer, Panchayati Raj Public Works Divisions, Malerkotla has prepared and submitted revised estimate of Rs. 18.50 Lakh for liquid waste treatment plant which was received by the office of Block Development and Panchayat Officer, Ahmedgarh on 9.12.2022. The Executive Officer, Panchayat Samitti, Ahmedgarh has released a sum of Rs. 10.50 Lakh to the Panchayat of Village Khanpur and on 16.12.2022 the office of Executive Engineer, Panchayati Raj Public Works Divisions, Malerkotla has transferred the said amount. In this regard, a letter of confirmation dated 16.12.2022 as issued by the Block Development and Panchayat Officer, Ahmedgarh to the District Development and Panchayat Office, Malerkotla is placed at Annexure-C. O. A. No. 498/2022 Sandeep Singh Vs State of Punjab -8-
6) That it is relevant to mention here that a committee of officers constituted by the State Government has approved two types of models for wastewater treatment of villages namely the Thapar Model and the Seechewal Model. The work in rural areas for rejuvenation of village ponds is being performed by the Department of Rural Development and Panchayats.
7) That as far as the present case is concerned, it is submitted that the requisite internal approval for tendering process has been obtained by the Department and the work of waste treatment plant based on Thapar Model will be completed in Village Khanpur within three month. The remedial action has already been initiated and the grievance of the complainant stands resolved. The Board is in agreement of the Joint Committee report and the action being taken by the Department of Rural Development and Panchayats for completion of the Thapar Model of wastewater treatment system in Village Khanpur.
8) That the response of the board is hereby submitted in compliance to order dated 29.8.2022 for kind perusal and appropriate orders of the Hon'ble National Green Tribunal."
6. None has appeared for the State PCB and District Magistrate, Malerkotla despite due notice of the proceedings given to them by the Joint Committee by supplying copy of its report as directed by this Tribunal vide order dated 29.08.2022.
7. We have heard the applicant and gone through the report of the Joint Committee and reply filed by the Punjab Pollution Control Board.
8. In the present case treatment plant as per Seechewal Thapar model was proposed to be established. An estimate for an amount of Rs. 12.50 lacs was prepared and submitted for allocation of the funds. On receipt of an amount of Rs. 8.0 lacs from the office of Panchayat Samiti, Malerkotla-I, construction work of the treatment plant as per Seechewal Thapar model was started at the site. The said amount was consumed in construction of three wells which were part of the treatment facility. The Deputy Commissioner, Malerkotla directed the office of BDPO, Ahmedgarh to provide the balance amount of Rs. 4.50 lacs to the Executive Engineer, Department of Rural Development and Panchayats, Malerkotla for the completion of the said project and also directed commissioning of the project within one month O. A. No. 498/2022 Sandeep Singh Vs State of Punjab -9- after the allocation of funds. The Executive Engineer, Panchayati Raj Public Works Divisions, Malerkotla prepared and submitted revised estimate of Rs.
18.50 Lakh for liquid waste treatment plant which was received by the office of Block Development and Panchayat Officer, Ahmedgarh on 9.12.2022.
Amount of Rs. 10.50 Lakh was transferred to the office of Executive Engineer, Panchayati Raj Public Works Divisions, Malerkotla on 16.12.2022.
9. The applicant has made written submissions vide email dated 13.12.2022 inter alia mentioning that untreated sewage water is still being discharged into drain and the work of Sewage Treatment Plant has not yet been completed.
10. The applicant has joined the proceedings through VC and has made video call in the course of the hearing showing that the Project has not yet been completed.
11. We find no valid reason for not completing the project by the Executive Engineer, Panchayati Raj Public Works Divisions, Malerkotla even after the amount of Rs. 10, 50,000/- was transferred to him.
12. In view of the above the application is allowed and in view of provisions made in Section 20 of the National Green Tribunal Act, 2010 mandating this Tribunal to apply the principle of sustainable development and also precautionary principle and in exercise of powers under Section 15 of the National Green Tribunal Act, 2010, the Executive Engineer, Panchayati Raj Public Works Divisions, Malerkotla is directed to ensure that the sewerage of the entire village is connected to the sewage treatment plant and to ensure that remaining work of the project is completed within three months from the date of receipt of a copy of this order. The Deputy Commissioner, Malerkotla is directed to personally monitor the execution of the work for ensuring completion within the permitted time and to send his report in this regard on or before 30.09.2023 to the Ld. Registrar General of the Principal O. A. No. 498/2022 Sandeep Singh Vs State of Punjab -10- Bench of this Tribunal. In case of non-compliance with this order, the Deputy Commissioner, Malerkotla and the Executive Engineer, Panchayati Raj Public Works Divisions, Malerkotla shall be bound to attend this Tribunal personally for explaining the circumstances for such non compliance of this order.
13. On receipt a copy of the report of the Deputy Commissioner, Malerkotla, the Ld. Registrar General shall look into the matter as to whether the work has been completed and in case of any non-compliance Ld. Registrar General shall direct that the matter be listed again before this Tribunal for further directions in the matter.
14. A copy of this order be forwarded to the applicant and respondents by e-mail for information/compliance.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM May 08 2023 AG