National Green Tribunal
Meera Shukla vs Municipal Corporation Gorakhpur on 30 March, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 116/2014
(With reports dated 03.12.2021, 21.02.2022
& 21.03.2022)
Meera Shukla Applicant
Versus
Municipal Corporation, Gorakhpur & Ors. Respondent(s)
Date of hearing: 30.03.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MS. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant: Ms. Katyayni, Advocate
Mr. Sameer Sodhi, Advocate for Applicant in M.A 02/2020
Respondent(s): Mr. Durga Shanker Mishra, Chief Secretary, S/Shri Manoj Singh
and Rajnish Dube, Additional Chief Secretaries, UP with Ms.
Garima Prashad, AAG & Ms. Priyanka Swami, Advocate for the
State of Uttar Pradesh
Mr. D.P. Mathuria, Executive Director, NMCG
Mr. Raj Kumar, Advocate for CPCB
Mr. Pradeep Misra & Mr. Daleep Dhyani, Advocates for UPPCB
ORDER
[
1. The issue for consideration is the remedial action against contamination of water bodies and ground water, specially Ramgarh Lake, Ami, Rapti and Rohani Rivers in and around District Gorakhpur, Uttar Pradesh.
2. According to the applicant, contaminated water results in Entero Virus (EV) which is brain fever, similar to Japanese Encephalitis (JE) and 1 Acute Encephalitis Syndrome (AES). Gorakhpur has history of death of hundreds of children at BRD Medical College, Gorakhpur though majority of patients may come from different parts of eastern UP and Bihar outside Gorakhpur. Such disease at times proves fatal and if patient survives patients suffer serious mental disabilities. Sources of virus are also said to be piggeries, water birds and livestock which is further accelerated by contaminated water. However, water pollution is certainly source of various diseases even apart from the said diseases and is thus made punishable criminal offence under the Water Act, 1974. It is a matter of regret that enforcement of law in this regard has been and continues to be highly inadequate, to the prejudice of public health. Remedial action required is prevention and control of industrial pollution, sewage management, removing encroachments, enforcement of Solid Waste and Bio Medical Waste Rules for which orders have already been passed in detail on earlier hearings.
Procedural History
3. The matter has been pending for the last more than seven years and progress was exhaustively reviewed vide order dated 23.08.2018. The Tribunal noted the allegation that Ramgarh Lake and the Ami, Rapti and Rohani Rivers in and around District Gorakhpur were severely polluted on account of discharge of untreated sewage and industrial effluents. It was also noted that the steps required to prevent contamination of water bodies and groundwater were not being taken. This was affecting the farmers and inhabitants, flora, fauna and ecology of area and causing degradation of the environment. 103 water bodies are under threat.
There was no proper management of solid waste and no designated scientific sanitary landfill. There was encroachment of the Ramgarh 2 Taal. Common Effluent Treatment Plant ("CETP") had not been set up. Industries were not complying with the environmental norms.
There was high organic load in River Ami and Rapti. Sugar and Distillery units were also causing pollution. 557 persons died in the year 2012. About 50,000 persons died in the last 30 years. It was also noted that Ami, Rapti and Rohani Rivers are the tributaries of Ghaghara which ultimately terminated into River Ganga. For public health at Gorakhpur, clean water supply was necessary, apart from cleaning of water bodies and other steps for protection of environment.
4. The Tribunal issued directions for the purpose and a Monitoring Committee was constituted headed by a former Judge of Allahabad High Court with representatives of the Central Pollution Control Board ("CPCB"), Uttar Pradesh Pollution Control Board ("UPPCB") and State Jal Nigam to oversee compliance of directions of this Tribunal already issued on the subject of closing the sources of contaminated water (like handpumps) and taking steps for supply of potable water, to ensure proper waste management and deal with other issues mentioned above. The Committee was to carry out inspection of the industries causing pollution of water bodies, drains and rivers in the area and Effluent Treatment Plants ("ETPs"), Sewage Treatment Plants ("STPs"), CETP and Solid Waste Management ("SWM") sites. Action plan was required to be prepared for solid waste processing, proper functioning of ETPs and CETP and also for making available potable water to the inhabitants, apart from undertaking rehabilitation program for compensating the victims who had suffered. The Committee was to furnish reports to this Tribunal for further action.
35. As noted earlier, the matter has been dealt with thereafter on several dates in the light of reports received from the Committee from time to time.
The Tribunal passed directions with regard to installation of STPs and CETP by Gorakhpur Industrial Development Authority ("GIDA"), closure of industries operating illegally, adding to the pollution of the Rivers or their tributaries, shifting of construction activities from the floodplain zones/catchment area, unscientific disposal of municipal and other wastes. The orders include orders dated 25.10.2018, 17.12.2018, 07.03.2019, 29.04.2019, 19.07.2019, 27.09.2019, 16.6.2020, 12.01.2021 and finally on 07.09.2021.
Last order dated 7.9.2021
6. It will suffice to refer to the last order dated 07.09.2021 when the compliance status was reviewed in the light of report of the Chief Secretary, dated 06.09.2021 and the report of the Oversight Committee constituted by this Tribunal in respect of some issues in UP. It was found that serious violations were still continuing which needed urgent remedial action at the level of Chief Secretary of the State in coordination with concerned departments. Relevant extracts from the said order are:
"13. The matter has been taken up today after almost eight months. Though the direction of this Tribunal was to file progress report within three months, report has been filed on behalf of the Chief Secretary only on 06.09.2021. The report does not mention specific timelines, action against the violators - polluters and colluding and incompetent officers who are defeating the law. The report only states that directions were issued to the Principal Secretaries of Urban Development/Irrigation & Water Resources/ Department of Infrastructure & Industrial Development /Revenue/Medical Education Department of Uttar Pradesh who have filed their compliance reports. The Chief Secretary thereafter, reviewed the progress on 02.09.2021 and issued further directions to speed up the ongoing projects and required the Additional Chief Secretaries to coordinate with the Finance Department and NMCG for sanction of the projects and to review the progress on monthly basis. Much more expected from senior 4 functionaries in such emergent situation of lawlessness. No accountability has been fixed, no time bound action taken or planned. This type of report shows both lack of concern for public health as well as lack of respect for law of the land. It is unfortunate that the clean environment, which is part of fundamental right to life, appears to be casualty at the hands of such high-ranking officers. Thus, a case is made out for requiring the State to pay compensation for the continued damage to the environment and public health under section 15 of the NGT Act, to be recovered inter alia from the concerned heads of the Departments for their failure of Constitutional and pubic duty to prevent pollution to enforce the right of citizens to clean environment. We propose to consider this aspect for which the concerned heads of the Departments are put to notice and required to remain present in person on the next date with their respective explanations.
14. Annexure-2 to the report gives the status of compliance and the matters reviewed by the Chief Secretaries in a summary form which is reproduced below with the addition of authorities who are required to take action as per Minutes of the Meeting dated 02.09.2021 (Annexure-3):-
A. Treatment of Sewage, Establishment of STP in Nagar Palika Parishad, Khalilabad & Nagar Panchayat, Maghar-
That the Executive Engineer, Construction Division, UP Jal Nigam, Khalilabad vide their letter dated: 02.06.2021 informed that DPR worth Rs. 28.36 Cr and 46.32 Cr for Maghar & Khalilabad respectively has been sent to Additional Project Director, SMCG, Lucknow for further necessary action.
(Additional Chief Secretary, Department of Urban Development, MD, UP Jal Nigam and Additional Chief Secretary, Finance Department) B. Interim measures for the treatment of the sewages in Nagar PalikaParishad, Khalilabad & Nagar Panchayat, Maghar That Executive Officer, Nagar Palika Parishad, Khalilabad & Nagar Panchayat, Maghar vide its letter dt; 15.06.2021 has informed that for the treatment of domestic sewage of the drains, bio-remediation work has been started.
(Additional Chief Secretary, Department of Urban Development, MD, UP Jal Nigam and Additional Chief Secretary, Finance Department) C. Establishment of CETP in Gorakhpur 5 That ACEO, GIDA vide his letter dated 16.06.2021, informed that DPR of 7.5 MLD CETP costing Rs. 62.50 Cr, prepared by UP Jal Nigam and sent to NMCG for approval on 11.11.2020. NMCG has appointed IIT, Roorkee for third party adequacy of the DPR.IIT, Roorkee has visited the site on 01.04.2021 and communicated their observation to NMCG vide online meeting held on 22.06.2021.Report received from the IIT Roorkee has been shared to GIDA by NMCG. Rs. 37 Cr. sanctioned for CETP (Rs. 17 Cr by GIDA &Rs. 20 Cr by Awasthapana Vikas Kosh of ID Department) and 11.15 Acre Land has been purchased by GIDA for establishment of CETP. Consultant has been appointed for Environment Impact Assessment and Environmental Clearance for proposed CETP.
That Project Manager, UP Jal Nigam, Gorakhpur vide its report dated; 12.08.2021 has submitted the updated status about installation of CETP.
(Additional Chief Secretary, Namami Gange and Rural Water Supplies/Establishment & Industrial Development Department/SMCG/UP Jal Nigam and Gorakhpur Industrial Development Authority, Gorakhpur) D. (i) Identification, Selection & Establishment of Landfill site for MSW processing plant in Gorakhpur That Municipal Commissioner, Gorakhpur vide their Action Taken Report dated: 17.08.2021 has informed that Land of 10.36hectare at Village Suthani & Bhiti Rawat on Magahar Road has been identified. Out of 10.36 hectare, 8.45 hectare of land has been purchased by Municipal Corporation, Gorakhpur for developing landfill site and establishment of processing plant as per SWM Rules 2016. Director, C&DS, UP Jal Nigam, Lucknow (Implementing agency) has been requested to take further action regarding development of landfill site and processing plant vide letter No. 3323/mu.abhi./char-sa.ni.vi./2020-21, dated 12.02.2021, 3450 mu.abhi./char-sa.ni.vi./2020-21, dated 12.03.2021 and letter No. 93 mu.abhi./char-sa.ni.vi./2021-22, dated 03.06.2021. DPR of Rs. 31.579 Cr has been prepared by C&DS, UP, Jal Nigam Lucknow and has been sent by Municipal Commissioner, Gorakhpur vide letter no.
512/mu.abhi. /char-sa.ni.vi./2020-21, dated 29.07.2021 to ACS Urban Development U.P. Govt. Lucknow. The DPR is in process of sanctioning. The work will be started by C&DS, UP,Jal Nigam after DPR is sanctioned.
(Additional Chief Secretary, Department of Urban Development and MD, UP Jal Nigam)
(ii) Tapping of all the drains falling into the Ramgarh Tal and Interim measures for the treatment of untapped drains falling in Ramgarh Tal 6 That Municipal Commissioner, Gorakhpur vide their Action Taken Report dated: 17.08.2021 has informed that;
i. 6 Major drains (Total Discharge of 37 MLD) falling earlier in Ramgarhtal has been intercepted, diverted and being treated since Feb 2015 & June 2015.
ii. 7 Minor drains (Out of 18 minor drains having total Discharge of 5.463 MLD) falling in Ramgarhtal from its eastern side will be taken care of under ongoing "Gorakhpur Sewerage Scheme Zone A-1 Southern part" project under AMRUT till March-2022.
iii. Remaining 11 minor drains (Out of 18 minor drains having total Discharge of 1.357 MLD) falling in Ramgarhtal from its Northern Side is proposed under "Construction of earthen bund and intercepting sewer line at Northern side of Ramgarhtal from Paidleyganj to R.K.B.K" project which got sanctioned by GoUP on dated 30.03.2021. Tender has been invited & PQ cum Technical bid is opened on 25.05.2021.
iv. As an Interim measure for these 18 drains having discharge of 6.82 MLD falling in RamgarhTaal, Municipal Corporation, Gorakhpur has been doing In- Situ Nallah Treatment through Bioremediation technology. The Bio-remediation work is being carried out by M/s Maple Orgtech (India) Ltd.
(Additional Chief Secretary, Department of Urban Development and MD, UP Jal Nigam)
(iii) Tapping of Drains falling in River Rapti That Municipal Commissioner, Gorakhpur vide their Action Taken Report dated: 17.08.2021 has informed that;
i. Out of 15 Major drains, 9 major drains are falling directly (untreated) in Rapti River, for which a project for "Interception Diversion and treatment of 8 major drains (having total discharge of 41.055 MLD) (phase-
1) under Namami Gange with estimated cost Rs. 271.70 crore has been sent by SE (Nagar), U.P. Jal Nigam, Lucknow vide letter no. 485/022-0272 (22)/2020 Dated 17.08.2020 to APD, SMCG, Lucknow under which one STP of 44.0 MLD capacity and interception of 8 major drains are proposed.
ii. Some observations were raised by APD, SMCG, Lucknow vide letter dt. 23.09.2020 which has been complied and revised estimate amounting Rs. 271.84 Cr sent to The Director General, NMCG, New Delhi by Project Director, SMCG vide letter no.
1093/0390/SMCG-UP/02 dated 28.10.2020.
7iii. Again NMCG, New Delhi raised some observation vide its letter dt 15.01.2021 in respect of which compliance has been sent by Chief Engineer, UP Jal Nigam, Gorakhpur vide his letter no. 991/V28/19 Dt. 25.05.2021 to Chief Engineer (Ganga), UP Jal Nigam, Lucknow and copy of same has also been sent to Dir (T-III), NMCG, New Delhi & APD, SMCG , UP along with others which is also forwarded by CE(Ganga), UP Jal Nigam, Lucknow by its letter no. 408/022-272 (22)/2021 Dt. 09.06.2021 to APD, NMCG, Lucknow. Approval of which is awaited.
iv. Catchment area of remaining 1 major drain (Kataniya/Mahewa Nalla), having total discharge of 8.914 MLD) falling directly in River Rapti without treatment is separated by Gorakhpur-Lucknow four lane road. Hence for interception, diversion and treatment of this 1 major drain, a separate project "Interception, Diversion and Treatment (phase-2)" has been proposed under Namami Gange. Under this project one STP of 10 MLD capacity is proposed. The Pre Feasibility Report amounting Rs. 84.96 Cr has been sent to Director General, NMCG, New Delhi vide APD, SMCG, Lucknow letter no. 398/0628/SMCG- UP/03 Dt. 13.05.2021 for review and initiating appraisal activities for its approval under Namami Gange programme.
v. For remaining 6 major drains (having total discharge of 27.01 MLD) falling directly (untreated) in Rohini River, a project "Gorakhpur Sewerage Scheme Zone-C under AMRUT (estimated cost Rs. 664.59 Cr) under which 245.55 km sewer laying, one no STP of 40 MLD capacity is proposed has been sent by PPRBD Cell, U.P. Jal Nigam, Lucknow to Mission Director, Directorate of Urban Local bodies, Lucknow vide letter no. 479/1009- 072- 001(AMRUT)/PPRBD/20 Dated 14.08.2020.
As an interim measure bioremediation/ phyto- remediation of drains, the following action has been taken:
i. Out of 15 drains, 10 Nos. of drains have been sanctioned in AMRUT for In-Situ Treatment through CSIR-NEERI's RENEU (Restoration of Nallah with Ecological Units) technology. The cost of the project is Rs. 677.68 Lakhs. Tenders for the above work have been invited by CSIR- NEERI, Nagpur. NEERI Nagpur has assured to complete the work by the end of December, 2020. Nagar Nigam Gorakhpur has issued a number of letters as reminders to start the work at site but the work has not started by NEERI Nagpur due to some internal issues. Head Engineering Service Unit, NEERI Nagpur has issued acceptance of tender letter No. 50(65)/2019-2020/W, dated 12.02.2021 to M/S Emergy Enviro Pvt. Ltd.-SINE IIT Bombey Firm for 8 Construction, Installation & Commissioning of in-situ treatment (CSIR-NEERI's RENEU Technology) at Group 2 comprising of 1 constructed RENEU system of 500m for 4 Nallahs (Takiyaghat drain) of Gorakhpur. Work will be started after rains are over.
ii. For rest of the 05 drains (3 drains having discharge of 38.554 MLD falling in Rapti river and 2 drains having discharge of 14.00 MLD falling in Rohini river), Municipal Corporation, Gorakhpur has been doing In Situ Nallah Treatment through Bio-remediation technology. The Bio-remediation work is being carried out by M/s Maple Orgtech (India) Ltd.
(Additional Chief Secretary, Department of Urban Development, MD, UP Jal Nigam and Additional Chief Secretary, Finance Department) E. Sewage Management gap in Lucknow That General Manager, Gomti Pollution Control Unit, UP Jal Nigam, Lucknow vide his letter dated: 16.06.2021 has informed that;
i. Total 784 MLD sewage is generated in the Lucknow City, out of which 445 MLD Sewage is treated by 04 STPs.
ii. 01 STP having capacity 120 MLD is under construction (to be completed in December-2022) and 05 STPs having capacity 39MLD, 01MLD, 22MLD, 80MLD & 85MLD each are proposed by UP Jal Nigam.
iii. After commissioning of proposed STPs, the sewage gap will be addressed.
(Additional Chief Secretary, Namami Gange and Rural Water Supplies Department and MD, UP Jal Nigam) F. Environmental Compensation That UPPCB is continuously monitoring the industries in the catchment area of Aami River.
Status of Compensation imposed and Recovered from the industries in the catchment area of Aami River is as follows:
S. Name of the EC Recovery Remark
No. Industry Imposed of EC
Amount
1. M/s B. R. D. Rs. Nil Medical College did not deposit
Medical College & 4.4115 the EC imposed, so UPPCB has
Hospital (Nehru Crore requested vide it's different
Chikitsalay), letters dated 29.09.2020,
Gorakhpur 18.01.2021 to District
Magistrate Gorakhpur for
9
recovery of Environmental
Compensation as per the land
revenue.
The copy of letter dt:
18.01.2021 is enclosed
herewith and marked as
Annexure No.-2F(i).
2. M/s Bharti Rs. Nil EC not realized, so UPPCB vide
Research and 6.1125 its different letter dated:
Breeding Firm, FL- Lacs 17.12.2019, 19.05.2020,
27, Sector 13, GIDA, 14.07.2020 & 16.02.2021 has
Gorakhpur requested to District
Magistrate, Gorakhpur for
issuing RC as per the land-
revenue against the industry.
The copy of letter dt:
16.02.2021 is enclosed
herewith and marked as
Annexure No.-2F(ii).
3. M/s Mother Shree Rs. 8.4 Rs. 8.4 EC has been deposited letter
Dairy, D-1/3D, Lacs Lacs attached herewith and marked
Sector 13, GIDA, as Annexure No.- 2F(iii).
Gorakhpur
4. M/s Alkane Rs. 4.25 Nil EC not realized, so UPPCB vide
Construction Pvt Lacs its different letter dated:
Ltd., FL-1, Sector 17.12.2019, 19.05.2020,
13, GIDA, 14.07.2020 & 16.02.2021 has
Gorakhpur requested to District
Magistrate, Gorakhpur for
issuing RC as per the land-
revenue against the industry.
The copy of letter dt:
16.02.2021 is enclosed
herewith and marked as
Annexure No.- 2F(iv).
5. M/s Burnet Rs. Rs. 0.5 EC not fully realized, so
Pharmaceutical Pvt. 12.875 Lacs UPPCB vide its different letter
Ltd., FL-1, Sector Lacs dated: 17.12.2019,
13, GIDA, 19.05.2020, 14.07.2020 &
Gorakhpur 16.02.2021 has requested to
District Magistrate, Gorakhpur
for issuing RC as per the land-
revenue against the industry.
The copy of letter dt:
16.02.2021 is enclosed
herewith and marked as
Annexure No.- 2F(v).
6. M/s Gorakhnath Rs. Rs. 2.0 EC not fully realized, so
Agro Industries Pvt. 10.1875 Lacs UPPCB vide its different letter
Ltd., FL20/27, Lacs dated: 17.12.2019,
Sector 13, GIDA, 19.05.2020 & 14.07.2020 has
Gorakhpur requested to District
Magistrate, Gorakhpur for
issuing RC as per the land-
revenue against the industry.
10
The copy of letter dt:
14.07.2020 is enclosed
herewith and marked as
Annexure No.- 2F(vi).
7. M/s Royale Savera Rs. Rs. EC has been deposited letter
Foods Pvt. Ltd., FL- 6.1125 6.1125 attached herewith and marked
28, Sector 13, GIDA, Lacs Lacs as Annexure No.- 2F(vii).
Gorakhpur
8 M/s Dr. Sandhu Rs. Rs. EC has been deposited letter
Hatchery, FL-28, 6.1125 6.1125 attached herewith and marked
Sector 13, GIDA, Lacs Lacs as Annexure No.- 2F(viii).
Gorakhpur
9 M/s Bajaj Rs. Rs. EC has been deposited letter
Hindustan Sugar 1.4280 1.4280 attached herewith and marked
Ltd (Distillery Unit), Crore Crore as Annexure No.- 2F(ix).
Rudhauli, Basti
(UP Pollution Control Board)
G. Illegal Electric Connections to Industries
That Chairman, Uttar Pradesh Power Corporation Ltd (UPPCL) vide its order dt. 02.11.2020 has made mandatory that the permanent electric connection to the Red & Orange category industries, will be provided only after the valid Consent to Operate under Air & Water Act are issued from UPPCB.
That CGWA has mandated vide its Notification dt. 24.09.2020 that no new borewell will be allowed without its permission & has laid down the rates of ground water abstractions for various usages and District Magistrates (DMs) are authorized for imposition of Environmental Compensation in case of default.
(Uttar Pradesh Power Corporation Limited and UP Pollution Control Board) H. STP at Sahara State, Gorakhpur i. That Sahara State, Gorakhpur has developed residential township of area 142 acre. For this, they have not obtained consent to establish and water consent under section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974.
ii. That untreated domestic effluent from the township was being discharged in Ramgargh Tal.
iii. That in view of above said facts, a complaint case (no-
104/2021) dated 06.01.2021 under section 43,44 of the Water (Prevention and Control of Pollution) Act, 1974 has been filed against the township in competent court.
(UP Pollution Control Board) 11 I. M/s Malvika Cement Pvt Ltd, Raebareli That UP Pollution Control Board vide its letter dated 28.01.2021 has imposed an environmental compensation of Rs. 4.40 Lacs against the industry and said EC has been deposited by the industry.
(UP Pollution Control Board) J. Municipal Solid Waste Management in Lucknow That UP Pollution Control Board vide its letter dated 27.07.2020 has imposed an environmental compensation of Rs. 14.4071 Cr against the Municipal Commissioner, Nagar Nigam, Lucknow and vide its letter dated 20.11.2020 has issued a show cause notice under section 5 of Environment (Protection) Act, 1986 against the operator of MSW Plant (M/s Eco Green Energy Pvt Ltd, Shiviry, Mohan Road, Lucknow for imposition of environmental compensation of Rs. 25.3271 Cr.
(Additional Chief Secretary, Department of Urban Development / UP Pollution Control Board)
15. We have heard learned Counsel for Applicant, State of UP, State PCB and CPCB. From the compliance status reproduced above, it is seen that the authorities have merely paid lip service to the cause. The action taken is superficial without any meaningful impact on the ground. Untreated sewage is still being discharged unscientifically into the water bodies inspite of prohibition under the Water (Prevention & Control of Pollution) Act, 1974 and judgment of the Hon'ble Supreme Court in Paryavaran Surakhsha Samiti Vs. Union of India as well as order of this Tribunal in O.A. No. 593/2017, Paryavaran Surakhsha Samiti Vs. Union of India. Contamination of water sources is a punishable criminal offence under the Water (Prevention and Control of Pollution) Act, 1974 for the last 47 years. Under Section 25 of the Act, untreated discharge of sewage any drain is prohibited and is in fact a criminal offence under Sections 42(2) and 44. Section 48 of the Act makes the Head of the Department liable for being punished for such offence. As per directions of the Hon'ble Supreme Court in Suraksha case1 an outer limit of 31.03.2018 is fixed for completing the work of all STPs in the Country for laying down the sources of budget and direction is to initiate prosecution for continued failure. This Tribunal has been directed to monitor compliance. We may refer to the specific directions of the Hon'ble Supreme Court and this Tribunal on the subject:
Extracts from the judgement of the Hon'ble Supreme Court in Paryavaran Suraksha Samiti Vs. Union of India, supra 1 (2017) 5 SCC 326 12 "7. Having effectuated the directions recorded in the foregoing paragraphs, the next step would be, to set up common effluent treatment plants. We are informed, that for the aforesaid purpose, the financial contribution of the Central Government is to the extent of 50%, that of the State Government concerned (including the Union Territory concerned) is 25%. The balance 25%, is to be arranged by way of loans from banks. The above loans, are to be repaid, by the industrial areas, and/or industrial clusters. We are also informed that the setting up of a common effluent treatment plant, would ordinarily take approximately two years (in cases where the process has yet to be commenced).
The reason for the above prolonged period, for setting up "common effluent treatment plants", according to the learned counsel, is not only financial, but also, the requirement of land acquisition, for the same.
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10. Given the responsibility vested in municipalities under Article 243-W of the Constitution, as also, in Item 6 of Schedule XII, wherein the aforesaid obligation, pointedly extends to "public health, sanitation conservancy and solid waste management", we are of the view that the onus to operate the existing common effluent treatment plants, rests on municipalities (and/or local bodies). Given the aforesaid responsibility, the municipalities (and/or local bodies) concerned, cannot be permitted to shy away from discharging this onerous duty. In case there are further financial constraints, the remedy lies in Articles 243-X and 243-Y of the Constitution. It will be open to the municipalities (and/or local bodies) concerned, to evolve norms to recover funds, for the purpose of generating finances to install and run all the "common effluent treatment plants", within the purview of the provisions referred to hereinabove. Needless to mention that such norms as may be evolved for generating financial resources, may include all or any of the commercial, industrial and domestic beneficiaries, of the facility. The process of evolving the above norms, shall be supervised by the State Government (Union Territory) concerned, through the Secretaries, Urban Development and Local Bodies, respectively (depending on the location of the respective common effluent treatment plant). The norms for generating funds for setting up and/or operating the "common effluent treatment plant"
shall be finalised, on or before 31-3-2017, so as to be implemented with effect from the next financial year. In case, such norms are not in place, before 13 the commencement of the next financial year, the State Governments (or the Union Territories) concerned, shall cater to the financial requirements, of running the "common effluent treatment plants", which are presently dysfunctional, from their own financial resources.
11. Just in the manner suggested hereinabove, for the purpose of setting up of "common effluent treatment plants", the State Governments concerned (including, the Union Territories concerned) will prioritise such cities, towns and villages, which discharge industrial pollutants and sewer, directly into rivers and water bodies.
12. We are of the view that in the manner suggested above, the malady of sewer treatment, should also be dealt with simultaneously. We, therefore, hereby direct that "sewage treatment plants" shall also be set up and made functional, within the timelines and the format, expressed hereinabove.
13. We are of the view that mere directions are inconsequential, unless a rigid implementation mechanism is laid down. We, therefore, hereby provide that the directions pertaining to continuation of industrial activity only when there is in place a functional "primary effluent treatment plants", and the setting up of functional "common effluent treatment plants" within the timelines, expressed above, shall be of the Member Secretaries of the Pollution Control Boards concerned. The Secretary of the Department of Environment, of the State Government concerned (and the Union Territory concerned), shall be answerable in case of default. The Secretaries to the Government concerned shall be responsible for monitoring the progress and issuing necessary directions to the Pollution Control Board concerned, as may be required, for the implementation of the above directions. They shall be also responsible for collecting and maintaining records of data, in respect of the directions contained in this order. The said data shall be furnished to the Central Ground Water Authority, which shall evaluate the data and shall furnish the same to the Bench of the jurisdictional National Green Tribunal.
14. To supervise complaints of non-implementation of the instant directions, the Benches concerned of the National Green Tribunal, will maintain running and numbered case files, by dividing the jurisdictional area into units. The abovementioned case files will be listed periodically. The Pollution Control Board concerned is also hereby directed to initiate such civil or criminal action, as may be permissible in law, against all or any of the defaulters.
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16. It however needs to be clarified, that the instant directions and time lines, shall not in any way dilute any time lines and directions issued by Courts or Benches of the National Green Tribunal, hitherto before, wherein the postulated time lines would expire before the ones expressed through the directions recorded above. It is clarified, that the time lines, expressed hereinabove will be relevant, only in situations where there are no prevalent time line(s), and also, where a longer period, has been provided for."
(emphasis supplied) Extracts from orders of this Tribunal in OA 593/2017 :
Order dated 21.05.2020
26. Summary of directions:
i. All States/UTs through their concerned departments such as Urban/Rural Development, Irrigation & Public Health, Local Bodies, Environment, etc. may ensure formulation and execution of plans for sewage treatment and utilization of treated sewage effluent with respect to each city, town and village, adhering to the timeline as directed by Hon'ble Supreme Court. STPs must meet the prescribed standards, including faecal coliform.
CPCB may further continue efforts on compilation of River Basin-wise data. Action plans be firmed up with Budgets/Financial tie up. Such plans be overseen by Chief Secretary and forwarded to CPCB before 30.6.2020. CPCB may consolidate all action plans and file a report accordingly.
Ministry of Jal Shakti and Ministry of Housing and Urban Affairs may facilitate States/UTs for ensuring that water quality of rivers, lakes, water bodies and ground water is maintained.
As observed in para 13 above, 100% treatment of sewage/effluent must be ensured and strict coercive action taken for any violation to enforce rule of law. Any party is free to move the Hon'ble Supreme Court for continued violation of its order after the deadline of 31.3.2018. This order is without prejudice to the said remedy as direction of the Hon'ble Supreme Court cannot be diluted or relaxed by this Tribunal in the course of execution. PCBs/PCCs are free to realise compensation for violations but from 1.7.2020, such compensation must be realised as per direction of this Tribunal failing which the erring State PCBs/PCCs will be accountable."15
Order dated 21.09.2020 "11. The Tribunal has already issued directions vide orders dated 28.08.2019 and 21.05.2020 for ensuring that no untreated sewage/effluent is discharged into any water body and for any violation compensation is to be assessed and recovered by the CPCB so that the same can be utilized for restoration of the environment, complying with the principle of 'Polluter Pays' which has been held to be part of 'Sustainable Development' and part of right to life. Control of such pollution is crucial for environment, aquatic life, food safety and also human health. .."From OA 673/2018
Order dated 6.12.19:
6. The Hon'ble Supreme Court noticed the level of degradation of rivers in India and apathy of the authorities as follows:
"58. Rivers in India are drying up, groundwater is being rapidly depleted, and canals are polluted. Yamuna in Delhi looks like a black drain. Several perennial rivers like Ganga and Brahmaputra are rapidly becoming seasonal. Rivers are dying or declining, and aquifers are getting over pumped. Industries, hotels, etc. are pumping out groundwater at an alarming rate, causing sharp decline in the groundwater levels. Farmers are having a hard time finding groundwater for their crops e.g. in Punjab. In many places there are serpentine queues of exhausted housewives waiting for hours to fill their buckets of water. In this connection John Briscoe has authored a detailed World Bank Report, in which he has mentioned that despite this alarming situation there is widespread complacency on the part of the authorities in India.2 "4. We see Yamuna river virtually turned into a sullage. We take judicial notice of this situation. Similar is the position with Ganges. As it proceeds, industrial effluents are being poured in rivers. Sewage is also being directly put in rivers contributing to the river water pollution. We direct the Pollution Control Boards of the various States as well as the Central Pollution Control Board and various Governments to place before us the data and material with respect to various rivers in the concerned States, and what steps they are taking to curb the pollution in such rivers and to management as to industrial effluents, sewage, garbage, waste and air pollution, including the water management. We 2 State of Orissa v. Govt. of India, (2009) 5 SCC 492 16 club the ending case of water management with this matter.3 xxx.........................................xxx..........................xxx
11. In spite of above, in flagrant violation of law of the land, polluted water in the form of sewage, industrial effluents or otherwise has continued to be discharged in the water bodies including the rivers or the canals meeting the rivers. Violation of law is not only by private citizens but also statutory bodies including the local bodies and also failure of the regulatory authorities in taking adequate steps. There is no corresponding coercive action posing danger to rule of law when large scale violation of law is not being remedied. This leads to lawlessness.
12. It will be appropriate to note the crisis situation in the country on the subject of availability of potable water. The matter has been considered in the report of Niti Aayog on Composite Water Management Index (CWMI).4 Following further information also needs to be noted:
(i) India is suffering from the worst water crisis in its history and millions of lives and livelihoods are under threat. Currently, 600 million Indians face high to extreme water stress and about two lakh people die every year due to inadequate access to safe water5.
The crisis is only going to get worse. By 2030, the country's water demand is projected to be twice the available supply, implying severe water scarcity for hundreds of millions of people and an eventual ~6% loss in the country's GDP6. As per the report of National Commission for Integrated Water Resource Development of MoWR, the water requirement by2050 in high use scenario is likely to be a milder 1,180 BCM, whereas the present-day availability is 695BCM. The total availability of water possible in country is still lower than this projected demand, at 1,137BCM. Thus, there is an imminent need to deepen our understanding of our water resources and usage and put in place interventions that make our water use efficient and sustainable.
(ii) India is undergoing the worst water crisis in its history.
Already, more than 600 million people7 are facing acute water shortages. Critical groundwater resources
- which account for 40% of our water supply - are being depleted at unsustainable rates.8
(iii) Most states have achieved less than 50% of the total score in the augmentation of groundwater resources, 3 M.C. Mehta Vs Union of India- W.P. (Civil) No. 13029/1985 dated 25.11.2019 4 Niti Ayog on "Composite Water Management Index", June 2018, https://niti.gov.in/writereaddata/files/document_publication/2018-05-18-Water-Index- Report_vS8-compressed.pdf.
5Source: WRI Aqueduct; WHO Global Health Observatory 6Source: McKinsey & WRG, 'Charting our water future', 2009; World Bank; Times of India 7 Source: World Resource Institute 8 Source: World Resource Institute 17 highlighting the growing national crisis--54% of India's groundwater wells are declining, and 21 major cities are expected to run out of groundwater as soon as 2020, affecting ~100 million people9.
(iv) With nearly 70% of water being contaminated, India is placed at 120th amongst 122 countries in the water quality index.
13. As per statistics mentioned before the Lok Sabha on April 6, 2018, waterborne diseases such as cholera, acute diarrhoeal diseases, typhoid and viral hepatitis continue to be prevalent in India and have caused 10,738 deaths, over the last five years since 2017. Of this, acute diarrhoeal diseases caused maximum deaths followed by viral hepatitis, typhoid and cholera.10
14. As per 'National Health Profile' published by Central Bureau of Health Investigation, Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, a total of 1535 Deaths due to Acute Diarrhoeal Diseases was reported during the year 2013.11 Main Causes of Pollution of Rivers
15. As already noted, well known causes of pollution of rivers are dumping of untreated sewage and industrial waste, garbage, plastic waste, e-waste, bio-medical waste, municipal solid waste, diversion of river waters for various purposes affecting e-flow, encroachment of catchment areas and floodplains, over drawl of groundwater, river bank erosion on account of illegal sand mining. Inspite of directions to install Effluent Treatment Plants (ETPs), Common Effluent Treatment Plants (CETPs), Sewage Treatment Plants (STPs), and adopting other anti-pollution measures, satisfactory situation has not been achieved. As per CPCB's report 201612, it has been estimated that 61,948 million liters per day (mld) sewage is generated from the urban areas of which treatment capacity of 23,277 mld is currently existent in India. Thereby the deficit in capacity of waste treatment is of 62%. There is no data available with regard to generation of sewage in the rural areas.
xxx.........................................xxx..........................xxx
33. We may note the observations of the Hon'ble Supreme Court:
"26. Enactment of a law, but tolerating its infringement, is worse than not enacting a law at all. The continued 9 Source: UN Water, 'Managing water under uncertainty and risk', 2010; World Bank (Hindustan Times, The Hindu).10
https://www.indiaspend.com/diarrhoea-took-more-lives-than-any-other-water-borne- disease-in-india-58143/ 11 http://pib.nic.in/newsite/PrintRelease.aspx?relid=106612 12 http://www.sulabhenvis.nic.in/Database/STST_wastewater_2090.aspx July 16, updated on December 6, 2016 18 infringement of law, over a period of time, is made possible by adoption of such means which are best known to the violators of law. Continued tolerance of such violations of law not only renders legal provisions nugatory but such tolerance by the enforcement authorities encourages lawlessness and adoption of means which cannot, or ought not to, be tolerated in any civilized society. Law should not only be meant for the law-abiding but is meant to be obeyed by all for whom it has been enacted. A law is usually enacted because the legislature feels that it is necessary. It is with a view to protect and preserve the environment and save it for the future generations and to ensure good quality of life that Parliament enacted the anti-pollution laws, namely, the Water Act, Air Act and the Environment (Protection) Act, 1986. These Acts and Rules framed and notification issued thereunder contain provisions which prohibit and/or regulate certain activities with a view to protect and preserve the environment. When a law is enacted containing some provisions which prohibit certain types of activities, then, it is of utmost importance that such legal provisions are effectively enforced. If a law is enacted but is not being voluntarily obeyed, then, it has to be enforced. Otherwise, infringement of law, which is actively or passively condoned for personal gain, will be encouraged which will in turn lead to a lawless society. Violation of anti-pollution laws not only adversely affects the existing quality of life but the non-enforcement of the legal provisions often results in ecological imbalance and degradation of environment, the adverse effect of which will have to be borne by the future generations.13 xxx.....................xxx.................................xxx "61. ..... If the laws are not enforced and the orders of the courts to enforce and implement the laws are ignored, the result can only be total lawlessness. It is, therefore, necessary to also identify and take appropriate action against officers responsible for this state of affairs. Such blatant misuse of properties at large-scale cannot take place without connivance of the officers concerned. It is also a source of corruption. Therefore, action is also necessary to check corruption, nepotism and total apathy towards the rights of the citizens."14 xxx.........................................xxx..........................xxx
35. Vide order dated 22.08.2019 in Original Application 200/2014, dealing with the pollution of river Ganga, the Tribunal issued directions and laid down coercive measures to be taken for discharge of untreated sewage in river Ganga:-
"16. xxx.....................xxx.................................xxx 13 INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION Vs. UNION OF INDIA AND OTHERS (1996) 5 SCC 281 14 M.C. Mehta v. Union of India, (2006) 3 SCC 399 - Public functionaries 19
17. Wherever the work has not commenced, it is necessary that no untreated sewage is discharged into the River Ganga.
Bioremediation and/or phytoremediation or any other remediation measures may start as an interim measure positively from 01.11.2019, failing which the State may be liable to pay compensation of Rs. 5 Lakhs per month per drain to be deposited with the CPCB. This however, is not to be taken as an excuse to delay the installation of STPs. For delay of the work, the Chief Secretary must identify the officers responsible and assign specific responsibilities. Wherever there are violations, adverse entries in the ACRs must be made in respect of such identified officers. For delay in setting up of STPs and sewerage network beyond prescribed timelines, State may be liable to pay Rs. 10 Lakhs per month per STP and its network. It will be open to the State to recover the said amount from the erring officers/contractors.
36. Vide order dated 28.08.2019, the Tribunal held:-
"15. xxx...............xxx.......................................xxx "16. xxx.....................xxx.................................xxx
17. As already noted, prevention of pollution of water is directly linked to access to potable water as well as food safety. Restoration of pristine glory of rivers is also of cultural and ecological significance. This necessitates effective steps to ensure that no pollution is discharged in water bodies. Doing so is a criminal offence under the Water Act and is harmful to the environment and public health. 'Precautionary' principle of environmental law is to be enforced. Thus, the mandate of law is that there must be 100% treatment of sewage as well as trade effluents. This Tribunal has already directed in the case of river Ganga that timelines laid down therein be adhered to for setting up of STPs and till then, interim measures be taken for treatment of sewage. There is no reason why this direction be not followed, so as to control pollution of all the river stretches in the country. The issue of ETPs/CETPs is being dealt with by an appropriate action against polluting industries. Setting up of STPs and MSW facilities is the responsibility of Local Bodies and in case of their default, of the States. Their failure on the subject has to be adequately monitored. Recovery of 20 compensation on 'Polluter Pays' principle is a part of enforcement strategy but not a substitute for compliance. It is thus necessary to issue directions to all the States/UTs to enforce the compensation regime, latest with effect from 01.04.2020. We may not be taken to be condoning any past violations. The States/UTs have to enforce recovery of compensation from 01.04.2020 from the defaulting local bodies. On failure of the States/UTs, the States/UTs themselves have to pay the requisite amount of compensation to be deposited with the CPCB for restoration of environment. The Chief Secretaries of all the States may furnish their respective compliance reports as per directions already issued in O.A. No. 606/2018."
16. Even though the grievance has been continuing for the last seven years as earlier mentioned, only progress mentioned is that on 02.06.2021, a letter has been sent to the Additional Project Director, SMCG, Lucknow which by no standard can be held to be a responsible meaningful progress. Even with regard to CETP, only progress is sanction of funds in the meeting held on 22.06.2021. There is no remedial action against erring officers by way of adverse entries in their ACRs in terms of directions of this Tribunal and also for initiating prosecution against them. It is not mentioned how those discharging pollution in water bodies are being dealt with. Such violators are in no way less than offenders causing deaths and injuries. The offences committed in preventing water pollution are so serious in nature that the Parliament has laid down minimum sentence for such violations. It is a well-known fact that significant number of deaths and diseases take place on account of water borne diseases. Sources of drinking water cannot be allowed to be polluted. It is as important as security of citizens against other offences. If the authorities fail, the statutory regulators have to initiate prosecution but in the present case the State PCB appears to be a failure in enforcing the law against the violators. The officers of the State PCB need to be held accountable for such violations. Similarly, on the subject of establishment of landfill site for processing of the waste, only progress made is initiation of process for sanction of DPR which infact is no compliance at all for prevention of offences relating to pollution. With regard to tapping of drains falling in the lake, it is stated that action for tapping of all the drains will be taken but neither any timeline has been fixed nor any meaningful action plan has been placed on record. It is stated that in respect of some of the drains, project has been sanctioned on 30.03.2021 and tender has been invited which again shows sorry state of affairs and lack of sensitivity as merely doing so does not end the pollution and the offences relating to violation of environmental laws thus, continues unabated. On the subject of tapping of drains falling in river Rapti, the situation remains equally disappointing.
21Environmental Compensation assessed for serious violation remains uncomplied, defeating the mandate of 'Polluter Pays' principle. There is no justification, explanation or clarification given regarding the same. We are not repeating our observations with regard to other issues but the situation is extremely unsatisfactory and disappointing. It is further evidenced from the report of the OSC and of the Chief Secretary that reckless disposal of sewage and trade effluents has already resulted in rivers Rapti and Ghagra being categorised as polluted rivers identified by CPCB. These rivers are not fit for bathing and the value of such deterioration of natural resources is not even recognised. Further damage on account encroachment of catchment of Ramgarh Tal and river flood plain zones of Ami, Rapti and Ghagra is continuing. Thus, pending further action, continuing encroachments must be forthwith stopped by strict enforcement of Flood Plain Zone regulations, including for the Ramgarh lake. It is also surprising that how UP PCB is permitting industries to operate in violation of Water Act. It appears that, out of around 266 industries in GIDA area, there are 55 water polluting industries. It has not been made clear whether these industries have their own ETPs meeting the laid down stipulated standards. If so, why CETP is required. If not, how industries are continuing in violation of law. Regarding meeting norms by the existing 30 mld and 15 mld STPs, the compliance with respect to Fecal coliform has to be ascertained, considering that recipient system has rivers and lake, which are sources of drinking water by humans and other living beings. SPCB ought to have mentioned about the performance of remediation which is said to have started on some drains.
17. We confronted learned Counsel for the State with the situation but he has not been able to give any response except to say that the Chief Secretary should own the responsibility and take stringent action against the erring officers for non- compliance of law, for protection of environment and public health. What has stopped the Chief Secretary to take the action is not known to us.
18. With utter disappointment with the attitude of the concerned officers of the State of UP, we direct the Chief Secretary to now take meaningful and stringent action for compliance of law and hold the erring officers accountable in the same manner as any other violators of law in a system governed by rule of law. Adverse entries must be made in their ACRs and if there is no change in their attitude towards performance of their duty, the criminal prosecution needs to be launched against them in the same manner as against any other violators. We hope that the Chief Secretary realizes his responsibility and acts promptly. We direct the Chief Secretary to remain present in person by Video Conferencing on the next date with his action taken report along with the concerned accountable officers i.e., Additional Chief Secretaries of Urban Development/Irrigation & Water Resources/ Department of Infrastructure & Industrial 22 Development /Revenue/Medical Education Department of Uttar Pradesh, who may explain why they be not personally dealt with as per law for the serious violations and dereliction of duty at the cost of public health. The report of Chief Secretary needs to be affirmative considering the matter has been going on for more than seven years. There is need for time bound committal execution plan on treatment and utilisation of treated sewage, ensuring each household connection to sewers, proper management of fecal septage (material from Septic tanks), interception of drains to destined STPs, justifying necessity of CETP and basis of permitting existing industries, economic losses on account of pollution of rivers and the lake, removal of encroachments and further prevention and cutting down tendering business to avoid delays. CPCB may also examine the proposal in view of existing status of industries and ascertain necessity of CETP and situation which will prevail till CETP is set up. There should be mechanism to monitor progress at the level of the Secretary concerned and monthly progress be placed on the website of the District Magistrate/ State portal. It may also be assessed that how much loss is being incurred (in qualitative and quantitative terms) on account of inaction/delayed action damaging the Rivers and the Lake."
Progress reports for consideration today
7. In pursuance of above, Chief Secretary and Additional Chief Secretaries, Environment and Urban Development are present in person.
Director National Mission for Namami Gange (NMCG) has also appeared as rivers in question are tributaries of Ganga and NMCG has also been concerned by pollution of rivers polluting Ganga. We have interacted with them at length and considered the status reports filed by the Irrigation Department, Urban Development Department, Environment Department, CPCB and the Oversight Committee (OC)15 and report dated 21.02.2022 filed on behalf of the Chief Secretary, UP. The report of the OC dated 03.12.2021 is as follows:
Oversight Committee report "II. PROGRESS AFTER THE LAST REPORT DATED 02.09.2021 The Committee reviewed the progress of the compliance of the orders of Hon NGT in OA No. 116/2014 in re: Meera Shukla vs Municipal 15 constituted by this Tribunal for monitoring compliance of certain orders of this Tribunal in the State of UP headed by Justice S.V.S. Rathore, former Judge of Allahabad High Court 23 Corporation, Gorakhpur and others on 11.06.2021. Thereafter, a joint meeting of the Oversight Committee and River Rejuvenation Committee was held on 2.07.2021 and an updated report based on the compliance status received in this meeting was submitted to the Hon'ble NGT by Oversight Committee on 3.9.2021.
Further progress in this matter is as under:
1. Meeting of River Rejuvenation Committee (RRC): Another joint meeting of the Oversight Committee and River Rejuvenation Committee was to be scheduled immediately after 2.8.2021 as the Department of Urban Development and Environment, Forest and Climate Change assured to prepare concrete work plan with proper financial tie up within a month. However, till date, despite several reminders by the Oversight Committee and the UPPCB to the RRC no meeting date has been fixed.
2. About the tapping of drains:
a) 6 major drains and 18 minor drains falling in Ramgarh Tal:
i) 6 major drains that fall directly into Ramgarh Tal have been intercepted and diverted (I&D).
ii) 18 minor drains that fall into Ramgarh Tal, I & D work of 7 minor drains falling in Ramgarh Tal from eastern side (having total discharge of 5.463 MLD) is ongoing and will be completed by March- 2022. No further progress has been reported. Bioremediation work on these drains had stopped due to monsoon season and late heavy rain. It was anticipated to be restarted by the end of November, 2021.
iii) For the interception and diversion of the remaining 11 minor drains falling in Ramgarh Tal from northern side (having total discharge 1.357 MLD), a project has been sanctioned by the Government of Uttar Pradesh and tendering is in progress. Technical bid opened on 11.10.2021 and financial bid on 03-11- 2021. Bidding is in the finalization stage. Proposed time line of completing the work is April, 2023. Bio Remediation on these drains is being carried out since 27-12-2020. However, due to monsoon season and late heavy rain it has stopped and work is expected to be restarted within this month.
b) 9 Major drains falling in Rapti: There are 9 major drains falling into Rapti. Projects have been submitted for Interception Diversion and treatment of these drains but no sanctions received so far. As an interim measure, three drains namely-Domingarh, Illahibagh and Kataniya drains are being treated through bioremediation process by Nagar Nigam, Gorakhpur. For six other drains, phytoremediation work has been given to NEERI Nagpur. A team from NEERI,Nagpur had visited the site on 19.10.2021. Work is anticipated to start within few days.
24c) 6 Major drains falling in Rohini: 6 major drains having total discharge of 27.01 MLD are falling directly (untreated) in Rohini River. A project "Gorakhpur Sewerage Scheme Zone -C under AMRUT (estimated cost Rs. 664.59 Cr) was submitted in which 245.55 km sewer laying and establishment of one STP of 40 MLD capacity was proposed on 14.08.2020. However, no fund has been released for this. Now, a revised project named as "Gorakhpur Sewerage Scheme Sub Zone - C -2 Part -1" having 51.89 km sewer laying, 1 STP of 10 MLD capacity (covering 3 drains viz. bansiyadih drain, Green City Phase -II Drain & Subash Chandra Bose Nagar Drain) and 15000 sewer house connections amounting Rs. 226.56 Cr under AMRUT has been approved on 30.9.2021. Out of all the 6 drains falling in Rohini, 2 drains are being treated through bioremediation process while phytoremediation work of 4 drains has been assigned to NEERI, Nagpur. A team from NEERI, Nagpur had visited the site on 19.10.2021. Work is anticipated to be initiated soon. For details about the drains refer Annexure I.
d) 22 drains falling in river Saryu: There are total 22 drains falling directly into river Saryu out of which 5 are tapped and rest 17 are untapped. No further progress has been reported.
3. About cleaning of Tihura drain in Ayodhya: Hon'ble NGT vide order dated 7.9.2021 in O.A 116/2014 had directed the Irrigation Dept., UP to take remedial action on the issue of prayer in M.A 02/2021 for removing obstructions from Tihura drain and submit an action taken report before the next hearing date. In compliance, the Dept. Of Irrigation and Water Resources, Govt. of Uttar Pradesh. Chief Engineer, Irrigation and Water resources Dept., Lucknow vide his letter dated 27.11.2021 has informed that in the financial year 2020-21, the work of cleaning of drain between the embankment and up to river Saryu has been done and all blockages have been removed. The drain is discharging water uninterruptedly into the river (refer Annexure II & III).
III. Recommendations of the Oversight Committee
1. From the updated progress, it is observed that fund has not been released for tapping of 11 minor drains falling into Ramgarh Tal yet. Similarly, for 9 major drains falling in river Rapti and 6 major drains falling in Rohini, although, the projects have been submitted. The State Government needs to arrange sufficient funds on priority for implementing the action plans made for making the rivers and water bodies pollution free.
2. Phytoremediation work on 10 new drains (4 drains falling in Rohini and 6 drains falling in Rapti) assigned to NEERI Nagpur and ongoing bio/phytoremediation works in total 23 drains falling in Ramgarh Tal, Rapti and Rohini rivers which had stopped due to monsoon season and late heavy rain, needs to be started at the earliest. All concerned officials need to be directed to ensure that bio/phytoremediation 25 must result in improving the quality of water to the permissible standards.
3. The UPPCB needs to submit water analysis reports of the drains where bio/phytoremediation is taking place on a monthly basis to this Committee which will be submitted to the Hon'ble NGT by this Committee on quarterly basis."
Status report filed on behalf of the Chief Secretary
8. Consolidated status report filed by Joint Secretary, Department of Environment is based on review taken by the Chief Secretary. It summarizes the action taken with respect to river Ami, CETP at GIDC Gorakhpur, Ramgarh Tal, river Rapti, Saryu, Ghagra, sewage gap at Lucknow and other issues relating to: encroachment, flood plain zones, Landfill at Gorakhpur and BRD Medical College. The status is as under:
"C. In review meetings held on above respective dates the Chief Secretary, UP monitored the status and taken the action against erring officers as follows;
S. Issues and Current Progress Action against
No. Concerned Status Erring Officers
Departments
1. For the treatment of i. The GOs for Executive Officer (EO)
Sewage, establishment of administrative, financial of Nagar Palika
STP in Nagar Palika sanction of 32 KLD FSTP at Parishad , Khalilabad
Parishad, Khalilabad & Maghar(17.11.2021) and 32 and Nagar Panchayat,
Nagar Panchayat, Maghar. KLD FSTP at Khalilabad Maghar have been
(Urban Development (26.11.2021) have been chargesheeted
Directorate and Jal issued. An amount of Rs.
Nigam) 578.88 Lacs has been
sanctioned in which Rs.
72.36 Lacs has been
released for each local
body.
ii. Work has started
iii. Timeline : June 2022.
iv. Bio-remediation of all
03 drains is being done (Inlet
BOD : 52 to 122 mg/L , Outlet
BOD : 36 to 49 mg/L)
26
2. Establishment of i. Rs. 37 Cr. sanctioned for 07 Justification for CETP
Combined Effluent MLD CETP (17 Cr by GIDA &
Treatment Plant (CETP) in 20 Cr by Awasthapana Presently trade
Gorakhpur. Vikas effluent is only 02
Gorakhpur Industrial Kosh of ID Department). MLD
Development Authority ii. 11.15 Acre land purchased Capacity of proposed
(GIDA, Namami Gange and by GIDA for CETP. CETP is 07 MLD
Urban Development iii. The Project is approved by Compliance challenges
Directorate) NMCG on 11.01.2022. have been observed in iv. Environmental Clearance industries as most of has been applied to SIEAA on the industries are 24.11.2021. SEIAA has micro /small scale issued ToR. EIA study by PP is CETP is proposed for underway. better compliance of v. There are 55 Water existing industries and polluting industries in GIDA. establishments of ETPs have been installed in all more industries in of them. future.
vi. 52 Industries are complying ,09 Non-complying (Closure- 03, EC- 06) vii. Regular monitoring of industries in GIDA is being done by UPPCB
3. Tapping of all the drains i. 06 Major drains have been Urban Development falling into the Ramgarh tapped and being treated Department has issued Tal and Interim measures (in 15 MLD and 30 MLD show cause notice for for the treatment of STPs). adverse entry against untapped drains falling in ii. Work ongoingfor tapping the 03 UPJN officers (01 Ramgarh Tal. of 6 Minor drains and Project Manager, 01 Project (Namami Gange, Jal upgradation of existing 15 Engineer and 01 Nigam and Urban MLD STP to be completed Assistant Project Development by March-2022. Engineer).
Directorate) iii. 01 Drain (Sahara Estate Nala) is being treated by Sahara Estate STP of 350 KLD.
iv. 11 minor drains (total discharge 1.537 MLD) will be treated at 30 MLD existing STP and work of tapping of these drains will be completed by April 2023 (Interception drain will be started after construction of Harbert bund which is going on).
v. Interim measure (Bio remediation) for these 18 drains falling in Ramgarh Taal, is being done (Inlet BOD : 78 to 92 mg/L , Outlet : BOD 44 to 56 mg/L) 27
4. Tapping of Drains falling in i. Total No. of drains River Rapti. meeting in the River-15.
(Namami Gange, Jal ii. 44 MLD STP (08
Nigam and Urban Drains), 10 MLD PFR (01
Development Directorate) Drain)and 40 MLD STP (06
Drains) have been
proposed to SMCG, NMCG
and UDDrespectively.
Approvalawaited. Timeline
September, 2024.
ii. Action plan has been
jointly prepared by UDD &
Namami Gange i.e.
UPJN (Urban) & UPJN
(Rural).
v. Interim measure (Bio-
remediation) has been
started for 05 drains
(by NEERI) and work for
phyto-remediation in 10
drains has been awarded
to NEERI Nagpur.
v. Bio-remediation of all 05
drainsis being done (Inlet
BOD : 78 to 100 mg/L ,
Outlet BOD : 46 to 56
mg/L)
5. Pollution of river Saryu due i. Total No.of drains meeting Executive Officer (EO) Nagar to untapped drains. (Namami in the River- 21 (Tapped- 5, Panchayat, Gange, Urban Untapped-16). Ilfatganj has been Development & charge sheeted.
Jal ii. For 15 drains shall be
Nigam) tapped in 33 MLD new
(Namami Gange, Jal proposed STP by March
Nigam and Urban 2024. Work Started.
Development Directorate) ii. For Nirmali kund Drain, project for I&D and treatmentis proposed under AMRUT 2.0, Timeline : Jan, 2024.
v. Interim measures are being done (Inlet BOD : 41 to 53 mg/L , Outlet BOD : 5 to 7 mg/L).
6. Pollution of river Ghaghra i. Total No. of drains-19 Total 03 Executive due to untapped drains. (Untapped) Officer's (EO) have been (Namami Gange, Urban a. Deoria -- 02 charge sheeted belonging to Development Directorate & b. Gorakhpur -- 04 Nagar Palika Parishad, Jal Nigam) c. Mau -- 04 Gaura Behraj, Deoria, d. Ambedkarnagar -- Nagar Panchayat, 09 Badhalganj, Gorakhpur & ii. ProposedSTPs- 04 Nagar Panchayat, Dohari (15 MLD, 06 MLD, 2.5 MLD Ghat, Mau.
& 06MLD capacity).
Timeline September, 2024.
ii. Interim measures are being done (Inlet BOD : 80 to 86 mg/L , Outlet BOD : 22 to 30 mg/L).
287. Identification, Selection & . Land of total10.36 hectare Establishment of Landfill site at Village Suthani & for MSW processing plant in Bhiti Rawat on Magahar Gorakhpur. Road has beenidentified (Urban Development and Out of 10.36 hectare, Directorate, Nagar Nigam, 8.45 hectare of land Gorakhpur & GDA ) has been purchased by Nagar Nigam, GKP. The GO for administrative, financial sanction of 500 TPD MSW ProcessingPlant has been issued vide letter dated 09.12.2021.
ii. Workhas been started.
v. Timelineproposed-
December, 2022
8. Identification of i. Flood Plain Zone has been encroachments and eviction notified in River Rapti, in Flood Plain Zone of these Ghaghra, Saryu and Rivers and Tal. notified Ramgarh Tal as (Irrigation/GDA/District wetland.
Administration) ii. Process for identification of encroachments and plantationon vacant land has been started.
ii. Plantation will be carried out in next rainy season.
9. BRD Medical College i. Medical Collegedid not should deposit the EC of Rs. deposit the EC 4.4115 Cr issued by UPPCB. imposed, so UPPCB has (Health & Education requested vide it's different Department, BRD letters dated 29.09.2020, Medical College, DM 18.01.2021 to District Gorakhpur & UPPCB) Magistrate Gorakhpur for recovery of Environmental Compensation as per the land-revenue.
ii. Review application
filed in the Hon'ble NGT has
been dismissed vide order
dt. 27-01-2022
29
10 Sewage Management gap in Total generation of
. Lucknow. (Namami Gange, sewagefrom34 drains-
Urban Development 602.5MLD out of which
Directorate & Jal Nigam ) Gomti River(33Drains) receives 582.50 MLD & Sai River (01 Drains) receives20 MLD. ii.
Capacity of STPs
installed445MLD (05
STPs).
Capacity of proposed
/under construction
STP- 347 MLD (06 STPs)
120MLDGH Canal
(under construction).
Timeline December,
2022. 39+1MLD Daulat
ganj. Sanctioned (under
litigation regarding
tendering dispute).
03STPs(85 MLD, 80
MLD & 22MLD)
proposed under
Namami Gange Phase-
2.
v. After commissioning
of proposed STPs, the
sewage gap will be
addressed.
v. Interim measures are
being done(Inlet
BOD:80to120 mg/L
Outlet BOD : 17 to 28
mg/L).
Supplementary report of OC dated 21.03.2022 "II. PROGRESS AFTER THE LAST REPORT DATED 03.12.2021 The Committee reviewed the progress of the compliance of the orders of Hon NGT in OA No. 116/2014 in re: Meera Shukla vs Municipal Corporation, Gorakhpur and others on 11.06.2021. Thereafter, a joint meeting of the Oversight Committee and River Rejuvenation Committee was held on 2.07.2021 and a report based on the compliance status received from various Departments/Agencies was submitted to the Hon'ble NGT by the Oversight Committee on 3.9.2021. Thereafter, an updated report was sent to the Hon'ble NGT on 3.12.2021. This OA was listed for hearing on 6.12.2021 but could not be taken up and now the next hearing is listed for 25.03.2022, hence, this supplementary report indicating further progress is being submitted to update the Hon'ble NGT on this matter.
Further progress in this matter is as under:
301. Action against B.R.D Medical College: Review application by the B.D Medical College regarding imposition of EC of Rs. 4.4115 crore has been dismissed by the Hon'ble NGT vide order dated 27.1.2022.
2. Establishment of CETP (7.5 MLD) in Gorakhpur: The project of setting up CETP in Gorakhpur has been approved by the NMCG on 11.1.2022. The revised total cost of CETP is Rs. 92.34 crores (including 06 months cost of trial run). Out of the total cost 50% would be borne by the NMCG, 25 % by the GIDA and remaining 25% jointly by the Industrial Development Dept and the Industry Association.
3. Sewage management in Maghar and Khalilabad: The GOs granting administrative and financial sanction of Rs. 578.88 Lacs for construction of 32 KLD FSTP each at Maghar and Khalilabad has been issued in Nov, 2021. An amount of Rs. 72.36 Lacs has been released for each local body to start the work. Construction work is in progress and it is expected to be completed by June, 2022.
4. Action against erring officers : Dept.of Urban Development has taken action against the 06 concerned officials. The details are mentioned below:
Executive Officer (EO) of Nagar Palika Parishad, Khalilabad & Nagar Panchayat, Maghar have been charge sheeted for non- compliance of directions regarding bio/phytoremediation remediation of drains and other orders given by the Department. 03 UPJN officers (01 Project Manager, 01 Project Engineer and 01 Assistant Project Engineer) have been censured vide letter dated 27.11.2021 for delay in completion of work under Ramgarh Tal Sewerage Scheme Zone A-1.
Executive Officer (EO) of Nagar Panchayat, Ilafatganj has been charge sheeted for not ensuring bio/phytoremediation of untapped drains causing pollution in river Saryu.
Executive Officers (EOs) of Nagar Palika Parishad, Gaura Behraj, Deoria; Nagar Panchayat, Badhalganj, Gorakhpur & Nagar Panchayat, Dohari Ghat, Mau have been charge sheeted for non- compliance of directions regarding bio/phytoremediation of untapped drains falling into river Ghaghra.
5. Water quality of drains after bioremediation: The water quality report of the 18 minor drains falling in Ramgarh lake and 5 minor drains falling in Rohini and Rapti rivers for the month of February, 2022 has been submitted to this Committee. The report reveals that the Biological Oxygen Demand (BOD) level of all the drains after bio-remediation is above the permissible limit of 30 mg/l. The COD levels1 and pH values2 are within the prescribed limits. Similarly, the concentration of total suspended solids (TSS) in water after bioremediation of drains has reduced and is within the permissible limit of 100 mg/l. However, no information has been provided regarding the total coliform 31 (TC) and fecal coliform (FC) parameters in the report. Overall, the report reflects that bioremediation of drains has helped in improvising the water quality but consistent efforts are required to bring the BOD levels down to the permissible limit and to maintain the levels of all other parameters.
The UPPCB has been directed by the Committee to submit the monthly water quality report of all the drains taking into account all the concerned parameters viz. BOD, COD, TC, FC, TSS and pH."
Consideration of the matter and further directions
9. We have heard the learned counsel for the applicant and the officers present in person in the light of status reports on record quoted above.
10. As mentioned in earlier orders, serious failure on the part of the authorities in controlling water pollution appears to be continuing.
Samples of water conclusively establish continuing pollution. Contributors to pollution are not merely private industries but also State authorities who have to manage the sewage. This is not only in violation of law and policies of Central and State Governments but also specific directions of the Hon'ble Supreme Court and this Tribunal on the issue of sewage management. The timelines now proposed are beyond the timelines laid down by the Hon'ble Supreme Court with no adverse consequences for such serious offence, continuing for long. Mere future proposals giving distant timelines, without accountability for strict compliance and stringent monitoring mechanism are not by itself enough. Component of coliform has been withheld by the authorities. Even then high level of pollution is depicted. The industries have been discharging toxic industrial waste into the drains secretly as shown by water samples and confirmed by Director NMCG. Regulatory authorities have so far been able utter failure in enforcing the law and their accountability needs to be fixed as it has resulted in huge damage to public health and environment. Untreated sewage is still being discharged in the water bodies and rivers, as shown 32 by the water samples. Though the State Authorities claim to have taken steps for tapping of the drains falling into the lake and into the rivers which are tributaries/sub-tributaries of river Ganga, with the support of funds provided by National Mission for Clean Ganga (NMCG) and also to establish CETP to control industrial pollution, situation so far remains far from satisfactory, calling for further action in mission mode with stern approach at the highest level in the administration, in the interest of public health and safety of citizens and for protection of environment. Water quality must be shown to be compliant with the statutory norms. Since these are primarily governmental functions, it is for the State to set its house in order. Access to potable water has to be ensured, being part of right to life. Deaths diseases relatable to pollution have to be prevented.
Health surveys need to be conducted. As an adjudicatory body, we certainly express our dissatisfaction with the present grim situation. Mere fact that situation is claimed to have improved is not enough so long as violation of law is continuing. High level of sensitivity is expected in dealing with human rights. The State exists for welfare of citizens and minimum guaranteed constitutional rights must be enforced. It is no satisfaction that some steps have been taken till pollution is completely stopped and health of the citizens and source of water secured under public trust doctrine. Since we are assured by the Chief Secretary and the Additional Chief Secretaries that situation will receive serious attention henceforth, we hope and expect meaningful, prompt and continuous action. Serious concern is deaths of children and diseases in the area of which contamination of water is a possible cause. Thus, the projects proposed in the form of CETP/STPs need to be implemented on war footing so as to show result on the ground and to comply with the directions of the Hon'ble Supreme Court. Mere sanction of projects can be no satisfaction in the 33 grim situation since long beyond binding timelines, with no action against violators. Simultaneously, effective measures are required against scientific management of bio-medical and solid waste. Comprehensive water management strategies need to be adopted in view of unchecked industrial and domestic pollution. The State has also to ensure access to potable water by taking suitable measures for drinking purposes using treated water for secondary purposes. Further steps required are to protect flood plains of the rivers by identifying and demarcating flood plain zones in respect of perennial and non-perennial rivers/drains, undertaking fencing, plantations and other measures. Encroachment from the flood plains zones need to be removed. Since it has been reported that industrial pollution is discharged in the water bodies in the night stealthily, the action plan needs to have provision for stringent vigilance using appropriate technology such as CCTVs and oversight by the statutory regulators - the State PCB, the Local Police and other agencies of the administration. There is also need for awareness about the treatments for the diseases on account of water pollution.
11. We note with regret that the proposed timelines stretching upto April 2023 to September, 2024 which are in contempt of orders of Hon'ble Supreme Court and may result in crime continuing. FPZs of the rivers whether perineal or non- perineal need urgent demarcation.
Encroachments need to be removed and environmental flow maintained.
Water quality of is to be improved to class B. STPs are to be fully utilised with 100 percent household connections. Treated sewage is to be utilised by the industries and bulk users and necessary tie ups are to be made by Industrial Development Corporations and with other concerned Agencies.
In this context, Tribunal has directed vide order dated 09.03.2022 in OA 34 No. 29/2020(WZ), Suraj Pradip Ajmera vs. Aurangabad Municipal Corporation as follows:
"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 nondrinking 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."
12. Thus, overall integration of Action Plans is to be ensured by monitoring at the Chief Secretary level with involvement of RRC in the State. CPCB needs to monitor STPs in the context of Ramgarh lake, river Ami, Rapti, Ghagra, Rohini and to assess compliance with respect to Fecal coliform and sewage utilisation plan.
13. To sum up, our directions are :
i. Comprehensive action plan may be put in place under the supervision of the Chief Secretary covering all aspects of preventing and remedying pollution to be executed by a special task force which needs to be constituted with defined 35 responsibilities and monitorable parameters preferably within one month. The Chief Secretary, UP may undertake visit to Gorakhpur personally to take stock of the ground situation with other concerned officers/stake holders at the earliest.
Thereafter, execution of action plan may be monitored by a special cell attached to the Chief Secretary Office, in the light of time bound specific targets.
ii. The Chief Secretary may furnish a comprehensive report covering all the issues especially for Ramgarh tal, Ami and other rivers in quantifiable terms giving the status of compliance as on 30.06.2022 by 15.07.2022 with a copy to the Oversight Committee.
iii. We request Oversight Committee to continue to monitor the compliance measures in the light of orders of this Tribunal.
The Oversight Committee may also give its report by 30.07.2022 by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
iv. In the light of suggestion during the hearing, we also direct that a high level team headed by an Expert on Neurovirology may also undertake a visit to the area within one month, accompanied by nominees of Central Pollution Control Board (CPCB), Indian Council of Medical Research (ICMR), Animal Husbandry and Medical Health and Family Welfare Departments, UP. The Additional Chief Secretary, Environment Department, UP will act as nodal agency to facilitate such visit. He may organize the visit of the Committee within one month. Necessary expenses will be borne out of 36 consent funds of the State PCB. District Magistrate, Gorakhpur may provide logistics at local level. The team may undertake study of the problem and suggest remedial measure which may include diagnosis and treatment strategies. The Committee would be at liberty to take assistance from any other expert/institution. The Committee may give its report to this Tribunal by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF within two months with a copy to the Chief Secretary, UP to enable the State Administration to take remedial measures in the light of the said report. We request Director, All Indian Institute of Medical Sciences (AIIMS) to nominate a suitable expert for this purpose within one week.
The Additional Chief Secretary (Environment) UP may follow up with the Director AIIMS and other concerned for nominations forthwith.
v. NMCG may monitor compliance of terms and conditions applicable to the sanctioned CETP.
vi. CPCB may monitor functioning of STPs. It may also assess the performance of bio-remediation works being executed on different drains and location in terms of efficacy and in view of the revised guidelines of NMCG titled "Revised Monitoring Protocols for in-situ bio-remediation projects for drain treatment" and give further suggestions/recommendations for necessity and improvements and file its independent report.
vii. UP PCB may continue to monitor the rivers in question as well as Ramgarh Tal, particularly with reference to Fecal Coliform bacteria.
37viii. UPPCB may ensure that industries in the catchment of the rivers and the Ramgarh Tal in GIDC do not discharge effluents into the water bodies and ensure compliance with conditions of sanction for the CETP by NMCG.
List for further consideration on 26.08.2022.
A copy of this order be forwarded to the Director, AIIMS, CPCB, NMCG, ICMR and the Additional Chief Secretary (Environment) UP by e-
mail for compliance.
A copy of this order be also forwarded to Justice SVS Rathore, former Judge of the Allahabad High Court at Lucknow by e-mail.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Pushpa Sathyanarayana, JM Prof. A. Senthil Vel, EM Dr. Vijay Kulkarni, EM March 30, 2022 Original Application No. 116/2014 DV + A 38