National Green Tribunal
Mohmmed Nayeem Pasha vs State Of Telangana on 22 February, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 04 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 426/2018
(With report dated 20.01.2021)
Mohammed Nayeem Pasha & Anr. Applicant(s)
Versus
The State of Telangana & Ors. Respondent(s)
Date of hearing: 22.02.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Respondent(s): Mr. P. Venkat Reddy, Advocate for State of Telangana
Mr. Raj Kumar, Advocate for CPCB
Mr. Dhananjay Baijal, Advocate for TSPCB
ORDER
1. The issue raised in this application relates to remedial action against pollution of river Musi at Hyderabad (Telangana) which is contaminated due to industrial and domestic sewage discharged into the river or into the drains connected thereto. The industries in the catchment areas are bulk drug and pharmaceutical units. Further allegation is that the flood plain zones are encroached and there is also dumping of Construction and Demolition Waste ("C&D Waste") and solid waste. Water quality is not even fit for irrigation as per water quality criteria of Central Pollution Control Board ("CPCB"), as per reports of samples of water.
12. The application was filed on 05.07.2018. Notice was issued on 06.07.2018. The Tribunal noted that as per water quality assessment report of the State Pollution Control Board ("SPCB") during 2014-18, water was not fit even for irrigation (Class-E). The matter was then considered on 05.04.2019 in the light of pleadings on record. The Tribunal noted the stand of the Municipal Administration/Urban Development Department of the State that steps taken included construction of Sewage Treatment Plants ("STPs") and laying of sewer lines but the existing capacity of the STPs was inadequate. There was plan to set up more STPs. Detailed Project Reports ("DPRs") were being prepared for the purpose which will control of pollution of 23 lakes in the area. The Telangana High Court had also dealt with the matter. The observations of this Tribunal are:
"With regard to sewage treatment and disposal which is the main cause of pollution of river Musi it is to be noted that total sewerage generated is about 1400 mld which is being discharged in the catchment area of Musi river from either of the banks through Nalas. Already 592 mld capacity sewerage treatment plant have been built along the river Musi. DPRs are also prepared at a cost of Rs. 1200 crores for creation of additional STPs at 10 locations, to treat total sewage so as to prevent pollution into river Musi. Since there is no regular sever network system, the board is said to have undertaken a survey with a technical expertise and prepared the DPRs for sewerage system of the peripheral areas.
According to MAUD, HMWSSB has appointed Shah Technical consultant to prepare a detailed Project Report (DPR) for the master sewage plan, duly reviewing the available DPRs for integration covering the entire GHMC area up to ORR plus 4 IT hubs. The consultants are preparing DPRs for 27 STPs at 23 lakes in the GHMC area for the combined capacity of 450 mld under Phase-I, along the Musi river and further upgradation of the existing STPs will be taken up in Phase-III. The Phase-I STPs are planned to be taken up in 4 month's time, depending upon the funds availability and Phase-II in one year time. The up- gradation of STPs from the secondary level to the tertiary level 3 in one year time including the policy on recycling of water for the usage for the purpose of non-drinking, construction activity, gardening, industrial etc. Due to financial constraint, the possibility of private investments through the transaction advisor under PPP mode is being explored. The HMWSSB is planning to implement the comprehensive sewage master plan within one and half year time.2
In view of the aforesaid facts and circumstances, we order that as has been made clear in the order dated 19.12.2018 passed in OA no. 673/2018 BOD will not be the sole criteria to determine whether a particular river stretch is a polluted one. Other parameters including Faecal Coliform (FC) bacteria will also be the criteria for classifying a stretch as polluted or otherwise. CPCB may devise within two weeks a mechanism for classification wherein two criteria pollutants that is BOD and FC shall henceforth be the basis of classification in priority classes.
Therefore, we direct CPCB and Telangana Pollution Control Board to carry out a quick hygienic survey of the River by engaging Professor Suman Kapur, Dean, International Programmes and Collaborations and Senior Professor, Department of Biological Sciences, BITS- Pilani, Hyderabad Campus, Jawahar Nagar, Shameer Pet, Hyderabad-500078, [email protected] and submit a report for river Musi and any other clean river in the state falling in the category of 'A' and or 'B.' For this survey we request Professor Suman Kapoor to execute the survey at a cost 9.5 lakhs which will be paid by CPCB out of its environment compensation fund. The scientist of CPCP and TSPCB will be associated during the survey and field testing of pathogenic bacteria."
3. The matter was thereafter considered vide order dated 06.12.2019 in the light of report of the CPCB dated 28.06.2019 noticing the violation of environmental norms and suggesting remedial action. The Tribunal also referred to the report filed by the CPCB with regard to 351 polluted river stretches which include River Musi at Hyderabad and it was observed:
"6. The report of CPCB dated 28.6.2019 clearly indicates that only 49% of the sewage generated in the city is treated and remaining 51% of untreated sewage is discharged directly into the River Musi. The STPs are not granted with the Consents under the Water Act and the 5 STPs are found to be not complying with the discharged norms out of 20 operational STPs. The STPs need up-gradation as applicable to meet with the standards with reference to faecal coliform and the treated water will have to be utilized for the non-portable use.
The report of CPCB dated 18.11.2019 describes about the Quick Hygienic Survey carried out by engaging Birla Institute of Technology and Science (BITS). The purpose of the survey was to design quick method of detection of pathogenic bacteria as the existing methods are time consuming and also involves, long transportation distances in many cases. The method developed by BITS which has been witnessed by Scientists of CPCB and Telangana SPCB, may now further workout appropriate mechanism to adopt the Method and widely practice to carry out such survey of 3 Indian Rivers following the standardized protocol and its procedures which may remain inconsonance and matchable with the Internationally adopted Standard Methods.
7. We have heard the matter along with O.A. No. 673/2018. While general directions to the extent relevant for the above case will govern the present matter as river Musi is one of the 351 polluted river stretches and for this purpose this matter need not be heard along with O.A. No. 673/2018 henceforth, the individual issue relating to Musi River raised in this application is being dealt with by this separate order without prejudice to the general order in O.A. No. 673/2018. Relevant part of the directions in the said case is as follows:
"47. We now sum up our directions as follows:
i. 100% treatment of sewage may be ensured as directed by this Tribunal vide order dated 28.08.2019 in O.A. No. 593/2017 by 31.03.2020 atleast to the extent of in-situ remediation and before the said date, commencement of setting up of STPs and the work of connecting all the drains and other sources of generation of sewage to the STPs must be ensured. If this is not done, the local bodies and the concerned departments of the States/UTs will be liable to pay compensation as already directed vide order dated 22.08.2019 in the case of river Ganga i.e. Rs. 5 lakhs per month per drain, for default in in-situ remediation and Rs. 5 lakhs per STP for default in commencement of setting up of the STP.
ii. Timeline for completing all steps of action plans including completion of setting up STPs and their commissioning till 31.03.2021 in terms of order dated 08.04.2019 in the present case will remain as already directed. In default, compensation will be liable to be paid at the scale laid down in the order of this Tribunal dated 22.08.2019 in the case of river Ganga i.e. Rs. 10 lakhs per month per STP."
8. In view of status report of CPCB dated 28.06.2019, let necessary remedial steps be taken by the Urban Development Department, Telangana, Municipal Corporation, Hyderabad and the TSPCB. The nodal agency will be TSPCB for the purpose. The CPCB may itself validate the Right Biotic system for Quick Hygienic Survey of rivers by seeking opinion of experts on the subject rather than referring it to the Department of Science and Technology, Government of India for its adoption in the country.
9. Further reports may be filed by CPCB and TSPCB in above terms before the next date by e-mail at [email protected]."
44. The matter was thereafter considered on 29.06.2020 in the light of the report of the CPCB dated 19.06.2020 and it was found that the steps taken were not adequate and is only at proposal stage. The Tribunal observed:-
"5. It is clear from the above that no concrete step has been taken on the ground to stop pollution and all steps are merely proposed action which means that violation of law continues, without any preventive or punitive action as per law. Mere proposal without resulting in stoppage of pollution or punishing the polluters is failure of law, calling for accountability of the authorities either on account of lack of concern for public duty to enforce right to clean environment and access to water and health or collusion. Excuse of Covid is lame excuse as pollution is continuing since long as noticed in earlier orders. The situation remains where it was. It is also not shown that prosecution has been initiated as per directions of the Hon'ble Supreme Court in (2017) 5 SCC 326 which fixed deadline of 31.3.2017, nor compensation recovered for continued pollution. This may call for action against the State and the regulators unless they discharge their duties as per law.
6. Let remedial action be taken in the light of further orders of this Tribunal today in O.A. No. 673/2018 and a compliance report filed on or before 15.09.2020 by e-mail at [email protected] (preferably in the form of searchable/OCR PDF and not image PDF). A copy of the report may be placed on the website of the CPCB for comments, if any, by the affected parties within two weeks thereafter."
5. The matter was last considered on 21.09.2020 in the light of report of the State PCB dated 15.09.2020 as follows:
"5. Accordingly, the State PCB has filed its report dated 15.09.2020 inter-alia stating as follows:-
"I. Compliance status on the suggestions made by CPCB in its status report dated 28.06.2019 filed before Hon'ble NGT:
The point wise actions initiated on the suggestions of CPCB furnished by the HMWS&SB and HMDA are submitted as follows:-
1. HMWSSB & HMDA shall enhance the existing treatment capacity to treat the 100% of sewage generated in the city.
HMWS&SB informed as follows: -
HMWSSB has engaged M/s Shah Technical Consultants, Mumbai for preparation of Comprehensive Sewerage Master 5 Plan. As per the Master Plan submitted by the consultants the total sewage generated upto ORR for the year 2018 is about 1782 MLD and projected sewage generation for the prospective year 2036 is 2815 MLD. The present installed treatment capacity of existing STPs is 772 MLD. As per CSMP, it is proposed 62 Nos of STPs with a capacity of 2057 MLD for 2036 requirement.
Out of 62 STPs of CSMP, the prioritized 31 STPs proposals are formulated into three packages under HAM Model and submitted to the Government, vide Lr.No.211 & 212 dated 19.08.2020 as below.
i) It is proposed to take up 8 STPs with a capacity of 402.5MLD at an estimate cost of Rs.1230.21 Crores including O&M for 15 years as Package-1.
ii) It is proposed to take up 6 STPs with a capacity of 480.5MLD at an estimate cost of Rs.1355.13 Crores including O&M for 15 years as Package-2.
iii) It is proposed to take up 17 STPs with a capacity of 376.5MLD at an estimate cost of Rs.1280.87 Crores including O&M for 15 years as Package-3.
Approval received from the Government for construction of 17 STPs with a capacity of 376.5 MLD at a cost of Rs. 1280.87 Crores including O&M for 15 years, under Hussain Sagar Lake Catchment. The tenders will be invited in September-2020 with a construction period of 2 years.
HMWSSB informed that approval received from the Government of Telangana vide GO Rt. No. 374 dt:
11.09.2020 for construction of 17 STPs with a capacity of 376.5 MLD. A copy of the GO Rt No. 374 is enclosed as Annexure-Ill. The total cost of the project including O&M is 1280.87 Crores. The detailed project report along with site locations are ready. It is proposed on Hybrid Annuity Mode (HAM) model wherein 40% of the cost is to be borne by the State Government and the balance will be met by the concessionaire agency. The administrative sanction towards the 40% of Government share i.e., 512.35 crores to be provided in two years i.e., Rs.256.175 Crores each from Hyderabad Urban Agglomeration budget.
HMDA has informed that they have initiated the following measures for enhancement of the existing treatment capacity of the STPs presently under control of HMDA to treat 100% of the sewage generated. The augmentation details are as under.
a. Augmentation of 5 MLD at Rangadhamini Lake:
As per the Technical report 5 MLD can be augmented to 10 MLD capacities with additional tertiary treatment facility treatment of 10 MLD Ultra Filtration.
Few additional constructions required for intake system like pumping stations.
6 The said capacity increase can be done using the existing civil structures for major components like aeration system by using MBBR technology.
Construction of 10 MLD Ultra Filtration to be added. The proposed technology is proven and implemented across INDIA to meet the CPCB guidelines/existing Discharge parameters. M/s Aquatech has proposed the complete project on Hybrid Annuity model (HAM) for implementation of the total project along with 15-20 yrs of O&M. b. Augmentation of 20 MLD at Khairtabad:
As per the Technical report 20 MLD can be augmented to 40 MLD capacities with additional tertiary treatment facility treatment of 20 MLD Ultra Filtration.
Few additional constructions required for intake system like pumping stations.
The said capacity increase can be done using the existing civil structures for major components like aeration system by using MBBR technology.
Construction of additional treatment of 20 MLD Ultra Filtration to be added to the existing CMF unit.
The proposed technology is proven and implemented across INDIA to meet the CPCB guidelines/existing Discharge parameters.
M/s Aquatech has proposed the complete project on Hybrid Annuity model (HAM) for implementation of the total project along with 15-20 yrs of O&M. c. Augmentation of 30 MLD at KIMS Hospital:
As per the Technical report 30 MLD can be augmented to 60 MLD capacities with additional tertiary treatment facility treatment of 60 MLD Ultra Filtration.
Few additional constructions required for intake system like pumping stations.
The said capacity increase can be done using the existing civil structures for major components like aeration system by using MBBR technology.
Construction of 60 MLD Ultra Filtration units to be added. The proposed technology is proven and implemented across INDIA to meet the CPCB gridlines/existing Discharge parameters. M/s Aquatech has proposed the complete project on Hybrid Annuity model (HAM) for implementation of the total project along with 15-20 yrs of O&M.
2. HMWSSB & HMDA shall prepare a time bound action plan for collection and treatment of 100% sewage generated in the city.
HMWS&SB informed as follows:-
The jurisdiction of HMWSSB comprises of Core city which has 90 % Sewerage network and with an area 172.92 Sq.Kms, Peripheral circle with in GHMC administrative 7 area of 483 Sq.Kms has around 50% - 60% of Sewerage network. The extended area beyond GHMC boundary and within ORR (service area of HMWSSB) with an area of 795 Sq. Kms is not totally developed it comprises of 190 villages and 6 Municipal bodies. This area has almost negligible sewerage network.
To develop the 100% sewer collection system, the Sewer Network Project for collection, diversion and conveyance of sewage flows to the proposed STPs as per the Sewerage Master Plan covering the peripheral circles & core city are formulated in four packages for a total length of 2676.15 Km at a cost of Rs.4783.78 Crores. Accordingly, the Sewer Network Project proposals are submitted to the Government for sanction, as below.
1. Package-1: Sewer Network Project for Uppal, Kapra, Malkajgiri, Alwal & Serilingampally Circles of total 759.41 Km length at a cost of Rs.1271.80 Cr.
2. Package-2: Sewer Network Project for Rajendranagar & L.B.Nagar Circles of total 643.86 Km length at a cost of Rs.1219.99 Cr.
3. Package-3: Sewer Network Project for Kukatpally & Quthubullapur Circles of total 832.51 Km length at a cost of Rs.1231.04 Cr.
4. Package-4: Sewer Network Project for Core City (Zone-I to VI and Cantonment) of total 444.23 Km length at a cost of Rs.1060.95 Cr.
3. Seventeen STPs shall obtain consent for operation from Telangana State Pollution Control Board (TSPCB) HMWS&SB informed that, out of 20 STPs, being maintained by HMWSSB, 4 STPs already have CFO for operation. For 5 STPs CFO will be obtained in September-2020. Balance CFOs will be obtained in October 2020.
4. All STPs should ensure 100% treatment of designed capacity and operated scientifically to ensure compliance to discharge norms.
HMWS&SB informed as follows:-
HMWSSB is maintaining 20 STPs with a capacity of 714 MLD, which is being operated with full capacity with a variation of 5% during maintenance of the units or power breakdowns.
The maintenance of all the STPs is entrusted to single MoM agency through tender process for a period of 5 years with a view to ensure maintenance of the STPs professionally with technically qualified personnel. HMWSSB has engaged the services of Environment Protection Training and Research Institute (EPTRI), a Government organization as 3rd party for evaluation of effluent parameters.
Further the effluent samples are also evaluated by TSPCB and HMWSSB officials every quarter at all the STPs. A 8 Third Party consultant was engaged for performance evaluation of all STPs.
5. All STPs should install flow measuring devices at inlet and outlet and maintain the log records.
HMWS&SB informed that proposals are prepared for Supply, Installation and Maintenance of Flow measuring devices for all the STPs. Tenders will be invited and the installation of flow meters will be completed by end of Nov'2020.
6. All STPs should install OCEMS in compliance to NGT order in the matter O.A.No.593 of 2017 Paryavarn Suraksha Samiti Vs. Uol.
HMWS&SB informed that proposals are prepared for Supply, Installation and Maintenance of OCEMS systems for all the STPs. Tenders will be invited and the installation of OCEMS will be completed by end of Nov'2020.
7. HMWSSB shall prepare action plan for utilization of treated sewage and utilize the treated sewage to the maximum extent instead of discharging into River Musi.
HMWS&SB informed as follows: -
HMWSSB at present is supplying treated waste water to Gardens being maintained by Forest Department and Shilparamam.
The treated waste water from STP at Khairatabad is being supplied to Raj Bhavan through a pipe line for the purpose of gardening.
Request are received from Golf Course at Boulder Hills for supply of 200 KLD of treated waste water from Nankramguda STP for which pipe line will be laid with the funds deposited by them.
Dr. Reddy Labs have also establishing an RO Plant of 400 KLD capacity at Khajakunta STP for utilization of treated waste water in their plants.
HMWSSB has engaged a consultant for identification of potential users / bulk consumers for reuse of treated waste water from STPs in Hyderabad Urban Agglomeration (HUA) area. The consultant will conduct demand survey for use of treated waste water by construction industry, Industries, Horticulture Dept., GHMC and HMDA for their uses. It is also proposed to make it mandatory for use of treated waste water for non-consumptive purposes by the above users.
8. Most of the STPs are operated by untrained officials.
HMWSSB shall ensure capacity building programmes to all STP operators on scientific operation and maintenance of STPs.
HMWS&SB informed that the maintenances of the STPs is entrusted to exclusive Circles and Divisions headed by Chief 9 General Managers (Engg.) and General Managers (Engg.) and assisted by DGM(E)s and Managers(E) who are qualified Engineers. Further, they are being given training in STP operations and also capacity building from time to time. Further the operators of the STPs are also given the training on scientific maintenance of the STPs.
9. Telangana State Pollution Control Board shall ensure the compliance of all STPs to operate with valid consents, installation of OCEMs and utilization of treated sewage."
HMWS&SB informed that out of 20 STPs, being maintained by HMWSSB, 4 STPs already have CFO for operation. HMWS&SB informed that for 5 STPs, CFO will be obtained in September-2020. Balance CFOs will be obtained in October 2020.
HMWS&SB informed that, the supply and fixing of OCEMS will be completed by the end of November-2020. Regarding utilization of treated waste water HMWSSB is perusing with various organization and bulk users to utilize the treated waste water in lieu of bore water / protected water for non- domestic purposes. A Consultant is appointed for conducting demand survey and identification of potential users of treated waste water.
The status of functioning of STPs are monitored on monthly basis by the Telangana State Pollution Control Board and the STPs are complying the standards. The copy of the analysis results are placed as Annexure-IV.
II. Status on the directions at para 7 of Hon'ble NGT Order dated 29.11.2019 (uploaded on 06.12.2019) in OA No. 673/2018:
The HMWS&SB informed that the Government has approved the project for construction of 17 STPs with a capacity of 376.5 MLD including O&M of 15 years, at an estimated cost of 1280.87 Crores in the 1st phase. Tenders will be invited in September- 2020 and will be completed in 2 years period. Construction of the balance 14 STPs with a capacity of 883 MLD will be taken up in 2nd phase which are under sanction at Government level. HMWSSB further informed that they have taken up feacal sludge treatment plants and other interim measures to reduce the pollution loads on water bodies.
a. Phyto remediation: Work order was issued to M/s.NEERI, Hyderabad for preparation of DPR for in-situ remediation of drains leading to River Musi. The proposal for Rs.528.30 Crores for taking up in-situ remediation of 1174 MLD sewage at Rs.45 Lakh per MLD. 27 drains are identified on River Musi. NEERI has submitted DPR for one drain i.e., Kokapet drain, for which phyto remediation work has already started. Preparation of DPR for the balance 4 drains is in progress by NEERI and it will be completed in 3 months.10
b. Fecal Sludge Treatment as interim measure (FST): In peripheral areas of the city where there are no STPs and sewerage coverage, to prevent water pollution, Fecal Sludge Treatment is taken up. The septage from households is carried through septic tanks and brought to FSSM and FST Plants and treated there to reduce BOD of septage. So far, 85 Septic Tanks are enlisted and with this treatment the Fecal sludge that would eventually end up in water pollution gets treated, the septic tank workers are provided training for co-treatment and also safety measures. They are provided with safety equipment for desludging of septage.
Co-Treatment (at Existing STPs): The HMWSSB has informed that they have taken up Fecal Sludge and Septage Management (FSSM) and so far constructed 6 co-treatment facilities at the existing STPs for treatment of Fecal Sludge with a capacity of 60 KLD. So far, 22 million liters of septage has been treated at these co-treatment facilities, thereby preventing the pollution of lakes to that extent. 4 more co-treatment facilities with a capacity of 70 KLD are in progress which will be completed in 4 months.
Fecal Sludge Treatment Plant (FSTP) (at proposed STPs):
HMWSSB has informed that they have taken up construction of 1 standalone FSTP of 40 KLD capacity at the site of one proposed STP, which is under construction and will be completed within 3 months. 5 more FSTPs will be taken up and will be completed in another 5 months. With these FSTPs, septage in areas where there are no STPs will get treated to lake water standards.
It is to submit that Government of Telangana vide GO Rt No. 374 dt: 11.09.2020, accorded administrative sanction towards the 40% of Government share i.e., 512.35 crores against an estimate of Rs. 1280.87 Crores for construction of 17 STPs with a capacity of 376,5 MLD on Hybrid Annuity Mode (HAM).
HMWSSB has taken up other interim measures, which include phyto remediation, FSTP and others to reduce the BOD load are under implementation. To ensure the 100% utilization efficiency the maintenance of all the STPs is entrusted to single MoM agency through tender process for a period of 5 years with a view to ensure maintenance of the STPs professionally with technically qualified personnel."
6. The matter has been considered today along with O.A. No. 673/2018. A separate order has been passed in OA 673/2018.
As far as general directions therein with regard to remedial action for 351 river stretches are concerned, the same will apply to the present case as river Musi at Hyderabad is one of the 351 polluted river stretches.
7. The same need to be supplemented by a separate order having regard to the magnitude of the problem. The report shows that phyto-remediation is proposed at the cost of Rs. 528.30 Crores @ Rs. 45 Lakh per MLD. We are informed by the Executive 11 Director, NMCG, present in person that as per his information, the above rate is about 20 times higher than the normal rate for such work. This aspect may be looked by the concerned State Authorities. We also find that the steps so far taken are highly inadequate in dealing with the prevention and remediation of the pollution of river Musi at Hyderabad, in violation of constitutional guarantee of clean environment. During the hearing, attention of learned counsel for the State PCB was drawn to the successful models including one set up at Haridwar by the NMCG which will start working from 29.09.2020, as stated by the NMCG.
8. Taking into account overall unsatisfactory state of affairs, we consider it necessary to constitute a Monitoring Committee for the remedial action for the steps to be taken in respect of river Musi at Hyderabad on the pattern of Monitoring Committees set up by this Tribunal for certain polluted river stretches, including Yamuna1, Ghaggar2 and Satluj3 and a Committee constituted today in respect of the river Tapi at Soorat in O.A. No. 50/2018(WZ), Nav Yuva Sanghatan & Ors. v. The Secretary, Narmada, Water Resources, Water Supply & Kalpsar Department & Ors. (headed by Justice BC Patel, former CJ Delhi, who is also heading some other Committees, including river Kharicut canal at Ahemdabad in O.A. No. 105/2019 in terms of order dated 01.09.2020 and river Bhadar in O.A. No. 616/2019 in terms of order dated 22.06.2020). The River Rejuvenation Committees (RRCs) constituted in the State of Andhra Pradesh in pursuance to order passed in O.A. No. 673/2018 can continue in tandem with the Monitoring Committee which we are constituting for the present river stretch as follows:-
1. Justice Vilas Afzalpurkar, former Judge, AP & Telangana High Court, Chairman
2. A representative of CPCB, Member
3. A representative of State PCB, Member
4. District Magistrate, Member
9. The Committee will be at liberty to co-opt any other expert or institution and also explore possibility of any corporate entity contributing CSR funds for adopting any particular part of the polluted river stretches for remediation and restoration. As already mentioned in the earlier orders, the activities for remediation may include setting up of bio-diversity parks and constructed artificial wet lands. The Committee may take into account reports of the above Committees available on the website of the CPCB to the extent found relevant. The first meeting of the Committee may be held within one month from today and the Committee may complete its work tentatively within one year. The 1 At Delhi comprising of Ms. Shailaja Chandra, former Chief Secretary, Delhi and Mr. B.S. Sajwan former Expert Member of this Tribunal vide order dated 26.07.2018 in O.A. No. 6/2012 2 Headed by Justice Pritam Pal, former Judge of P & H High Court (with a former Chief Secretary of the State as member) vide order dated 07.08.2018, O.A. No. 138/2016 (TNHRC) 3 Justice Jasbir Singh former Judge of P & H High Court (with a former Chief Secretary of the State as member) vide order dated 01.10.2019, O.A. No. 138/2016(TNHRC) 12 Committee may be provided all logistics and other support by the State PCB and the District Magistrate. The honorarium to be paid to the Chairman of the Committee will be decided by the Chief Secretary of the State, in consultation with the Chairman. The payment will be made out of the consent funds available with the State PCB. Telangana PCB will be the nodal agency. The Committee may give its first report within four months by e-mail at judicial- [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF."
6. Accordingly, the Committee constituted by this Tribunal has furnished report dated 20.01.2021 as follows:
"(2.2) River water quality:
Telangana State Pollution Control Board (TSPCB) has been monitoring the river water quality at twelve locations along the river stretch from Osman Sagar to Nalgonda (Wadapally), where it finally meets River Krishna. The River Musi water quality data during 2017-till date suggest that all the analysed parameters were not meeting the permissible limits as prescribed for class B for bathing standards.
The river water quality is as follows:
Water Quality of Musi river along the stretch from Osman Sagar to Wadapally Param Year Sampling locations eters 1 2 3 4 5 6 7 8 9 10 11 12 DO (mg/L) 2017 5.2 <0.1 <0.1 0.4 1.0 <0.1 3.0 7.0 - 5.7 - 7.6 2018 5.5 1.6 <0.1 <0.1 0.8 1.0 1.4 5.7 6.3 6.5 7.0 7.2 2019 5.7 <0.1 2.0 <0.1 1.5 1.7 2.9 6.5 6.8 6.2 6.4 6.7 2020 6.0 0.3 0.2 0.3 0.4 1.5 2.8 5.6 5.7 5.8 6.3 6.2 upto Nov BOD (mg/L) 2017 2.0 26.0 37.0 31.0 19.0 27.0 15.0 6.0 - 6.0 - 3.0 2018 3.0 21.0 40.0 33.0 31.0 21.0 21.0 4.0 3.4 5.0 4.1 3.0 2019 2.5 30.0 44.0 30.0 30.0 24.0 27.0 3.2 4.0 3.5 4.3 2.4 2020 2.4 14 15 17 16 15 13 4.5 4.5 3.4 2.9 2.5 upto Nov Total 2017 41.0 6050.0 4230.0 514.0 684 144 101 104 - 954 - 642.0 Coliform 5. 0 .0 0.0 0.0 0.0 2018 83.0 400.0 710.0 112 27 112 190.0 100.0 48.0 134.0 90.0 108.0
4. 0 8 8. 0 2019 32.0 808.0 751.0 737.0 803.0 949.0 779.0 66.0 77.0 52.0 69.0 28.0 13 (MPN/ 2020 26 1036 1090 1600 1002 782 648 123 81 38 27 175 100mI) upto Nov Station Name
1. U/s of Musi at Gandipet (Osmansagar lake)
2. Musi sample at Bapughat Sangam U/s of Musi
3. River Musi at Moosarambagh bridge, Hyderabad
4. River Musi at Nagole Bridge
5. River Musi at Peerjadiguda
6. D/s.of Musi at Pratapasingaram
7. River Musi at Pillaipalli
8. River Musi at Rudravelly bridge
9. River Musi at Valigonda bridge, Nalgonda Dist.
10. River Musi at Kasaniguda
11. Bheemaram bridge, Nalgonda Dist.
12. River Krishna at Wadapally (2.3) Sources of River Musi Pollution The main source of pollution of River Musi is the influx of untreated domestic sewage. Even treated industrial effluents from CETPs finally join River Musi. In addition to pollution, encroachments also has become a sensitive issue over the years.
Major sources of pollution and management:
a. Sewerage status and Treatment HMWSSB engaged M/s Shah Technical Consultants to prepare Comprehensive Sewerage Master Plan in Hyderabad Urban Agglomeration (HUA) upto ORR. The projected sewage generation for the year 2021 is 1960 MLD out of which the existing treatment capacity available is 772.3 MLD. The gap of 1187.7 MLD of sewage flows through 185 drains and joins various water bodies which in turn joins river Musi and Nakkavagu.
Pollute Million Litres per day Funding/implementing
River agency
Stretch
Musi Sewage Existing Gap of Proposed Admn. Sanction for 17
Generation STPs sewage STPs no. STPs with 376.5 MLD
(P-I) Capacity to be & (MLD) given under HAM
treated
14
a. Details of Existing STPs:
The following existing STPs are being maintained by HMWSSB and are in operation. The O&M of the plants is entrusted to an agency for a period of 5 years.
S. No Name of the STP Capacity (MLD) 1 Amberpet 339.00 2 Nagole 172.00 3 Nallacheruvu 30.00 4 Attapur 1 51.00 5 Attapur 2 23.00 6 Pedda Cheruvu, Nathuram 10.00 7 Miralam Tank 1 10.00 8 Miralam Tank 2 5.00 9 Durgam Cheruvu, SLP 5.00 10 Patel Cheruvu, Nacharam 2.50 11 Saroor Nagar 2.50 12 Langer House 1.20 13 Noor Mohammad Kunta 4.00 14 Safilguda, Malkajgiri 0.60 15 Khajakunta, Metro, KKP 12.00 16 Khajaguda, Gachibowli 7.00 17 Nanakramguda, Gachibowli 4.50 18 JVR Park, Nagarjuna Circle 0.50 19 Lingam Kunta, BHEL 30.00 20 Gopanapally, SLP 4.50 21 Khairathabad 20 22 Patigadda 30 23 Ragadhamuni cheruvu 5 24 Kishnakanth park 0.5 25 Pragathi nagar 2.5 Total 772.30 b. Status of treated sewage in STP
The inlet and outlet of STPs are monitored regularly by TSPCB for the parameters such as pH, Dissolved oxygen, Total Suspended Solids (TSS), Chemical Oxygen Demand (COD), Biological Oxygen Demand (BOD), total coliforms, and faecal coliforms. The quality of treated sewage of all the STPs are meeting the standards except on 15 few occasions, BOD and COD values of treated sewage at Nagole STP and Attapur STP are marginally exceeding the standards.
c. Treatment & disposal of Industrial Effluent In Million Litres per day (MLD) Remarks No. of Effluent Captive Common Industries generation ETP ETP Industries Industries / MLD / MLD 520 9.65 194 Ind / 326 Ind. - 84 industries 5.65 MLD 4.0 MLD have Zero Liquid Discharge (ZLD 191 Ind.
Connected with OCEMs Treated Waste Water from CETP is discharged into River MUSI through Amberpet STP d. Common Effluent Treatment Plants (CETPs):
In order to treat effluents of various industries in watershed of Musi, four common effluent treatment facilities viz., MANA CETP, IDPL, JETL, PETL have been operating to cover different industrial clusters in the Hyderabad city. The details of the treatment facilities are given below. The CETPs have installed the OCEMS and are connected to the CPCB and TSPCB servers.
S. Name of the Type of Capacit Member Status
No Facility Treatment y Industrie
. s
1. LTDS- Chemical 300 Nos. In
M/s.Jeedimetla followed LTDS- operation
Effluent by biological 1500 Meeting
Treatment treatment KLD the
Plant, HTDS-MEE HTDS discharge
Jeedimetla, 200 standards
Hyderabad. KLD
16
2. M/s Indian Waste water of 700 KLD 83 Nos. In
Drugs and industries from operation
Pharmaceutical Food meeting
s Ltd/, Processing, the
Balanagar, Formulation discharge
Hyderabad Units, Oil standards
Extraction .
Units Etc.
located in
Hyderabad
and
Mahaboobnaga
r Districts and
sewage
generated from
IDPL Hostel
and township
3. M/s MANA The CETP 2000 137 Nos. In
Treatment Plant receiving the KLD operation
Ltd., M/s Low TDS meeting
Indwa industrial and the
Technologies domestic discharge
Pvt. Ltd. effluents from standards
Mallapuram (V), 48 member
Uppal (M), industries from
Medchal IDA Mallapur,
District 37 member
industries from
IDA Nacharam
and 48 member
industries from
other areas.
4. M/s LTDS effluent is LTDS- 135 Nos. In
Patancheru treated by 3000 operation
Effluent chemical KLD meeting
Treatment methods the
Plant, followed by discharge
Patacheru, Membrance bio- standards
Hyderabad reactor
The treated wastewaters from CETPs are further being treated along with domestic sewage in STPs. The treated sewage from STPs (Amberpet and Nalla Cheruvu) is being disposed into Musi River, after meeting the standards.
e. Waste Management Details The waste management viz., solid waste, bio-medical waste, e-waste, plastic waste, hazardous waste for the watershed of Musi river stretch is given in the Table below.
S. Type of Generated Collected Mode of Disposal No. Waste TPD TPD 17 1 Solid Waste 6100 6100 The solid waste is being segregated at the household level into wet waste and dry waste. The wet waste is converted into compost. The solid waste generated is treated in the integrated solid waste processing facility at Jawaharnagar. Dry waste is segregated into recyclable waste and inert waste. The recyclable wastes are disposed to the authorised recyclers. 2. Bio medical 10.128 10.128 Common biomedical waste (B(iii) waste treatment facility: The incinerator ash from CBMWTF is disposed to TSDF, Dundigal (Land fill facility). Autoclaved sharps are stored in impermeable sharp pits. Autoclaved and shredded plastic material is sold to authorized recyclers. ETP sludge is stored in lined pits and disposed to TSDF, Dundigal (Land fill facility). 3. E-waste 18.980 18.980 The e-waste generated from households being segregated by the local bodies and being disposed to the authorised e-waste dismantlers / recyclers. 4. Plastic - - The plastic waste from waste households is being segregated by the urban local authority and disposed to authorised recyclers / 18 cement plants for co- processing 5. Hazardous 312.0 312.0 The hazardous waste (B(ii) waste generated by the industries are segregated into landfilable waste and incinerable waste based on the calorific value of the waste. The landfillable waste is being disposed to TSDF, Dundigal, Hyderabad and incinerable waste is disposed to common incinerator at TSDF / authorised alternative fuel resource facilities / cement plants for incineration / co- processing. 6. Construction 1000 11,58,000 The C&D waste is & tons processed in the Demolition collected & recycling facility waste stored located at Jeedimetla since April, with a capacity of 2018 500TPD. Another facility at Fathalluguda of capacity 500TPD is under construction. f. Flood plain zone
Hyderabad is divided into 16 storm water zones by Greater Hyderabad Municipal Corporation (GHMC). Among the storm water zones, Kukatpally, Alwal and Begumpet zones are major flood prone areas. Hyderabad city has witnessed major floods in the year 2000 and 2008 with annual rainfall of 800mm. The latest floods of August to October of 2020 was 460 mm and the floods actually washed off the pollutants and garbage from the Musi River which has since been collected, segregated and used for the embankment within the river bed. The highest contour along the River stretch is 660 m. As per the data received from Irrigation Department, there is no flood plain zone for River Musi. The state government is in the process of demarcating the flood plain zone.
(iv). Action Plan for the restoration of River Musi 19 River Rejuvenation Committee is constituted under the chairmanship of the Chief Secretary, GoT as per the directions of the Hon'ble NGT in OA No. 673/2018. The action plan has been approved by the CPCB and submitted to the Hon'ble NGT. A copy of the Action Plan for rejuvenation of River Musi is annexed as Annexure-I."
7. The report further mentions the meetings held, field visits undertaken and conclude with the observations as follows:
"4. Observations of the Committee :
i) Mitigation Measures on ground :
a) Sewage Treatment Plants A total of 25 STPs with a capacity of 772.3 MLD is available and the utilization capacity is greater than 90%. HMWS&SB has awarded O&M contract to a single agency for a period of 5 years to all the STPs located within the GHMC area to ensure effective functioning and optimum utilization. The details of the STPs along with the capacities are as follows:
S. No Location of the STP Capacity (MLD) 1 Amberpet 339.00 2 Nagole 172.00 3 Nallacheruvu 30.00 4 Attapur 1 51.00 5 Attapur 2 23.00 6 Pedda Cheruvu, Nacharam 10.00 7 Miralam Tank 1 10.00 8 Miralam Tank 2 5.00 9 Durgam Cheruvu, SLP 5.00 10 Patel Cheruvu, Nacharam 2.50 11 Saroor Nagar 2.50 12 Langer House 1.20 13 Noor Mohammad Kunta 4.00 14 Safilguda, Malkajgiri 0.60 15 Khajakunta, Metro, KKP 12.00 16 Khajaguda, Gachibowli 7.00 17 Nanakramguda, Gachibowli 4.50 20 18 31/R Park, Nagarjuna Circle 0.50 19 Lingam Kunta, BHEL 30.00 20 Gopanapally, SLP 4.50 21 Khairathabad 20 22 Patigadda 30 23 Ragadhamuni cheruvu 5 24 Kishnakanth park 0.5 25 Pragathi nagar 2.5 Total 772.30 TSPCB is monitoring all the 25 STPs on monthly basis. The quality of treated sewage of all the STPs are meeting the standards except on few occasions, BOD and COD values of treated sewage at Nagole STP and Attapur STP are marginally exceeding the standards.
Co-treatment of Septage at existing STPs for the Peripheral /ORR areas:
HMWSSB has taken up co-treatment of septage from the Septic Tanks of individual and community septic tanks at the existing STPs by setting up co-treatment facilities in the year 2018 itself at the following STPs locations of i. Amberpet, ii. Nallacheruvu, iii. Peddacheruvu, iv. Miralam v. Khajaguda vi. Nanakramguda So far 6 Co-treatment plants are established and functioning. About 26 million liters of septage has been treated so far at these co-treatment plants, thereby preventing the pollution of lakes to that extent. So far, 87 Septic Tank cleaning vehicles with operators are enlisted and the septic tank workers are provided training for co-treatment and also safety measures. They are provided with safety equipment for desludging of septage.
C) Industrial Waste Water Management:
No. of In Million Litres per day (MLD) Remarks Industries Effluent Captive ETP Common ETP generation Industries / Industries / MLD MLD 21 520 9.65 194 Ind / 5.65 326 Ind -4.0 84 Industries MLD MLD have Zero Liquid Discharge (ZLD) 191 Ind.
Connected with OCEMS Treated Waste water from CETP is discharged into River MUSI through Amberpet STP The committee noted that there is adequate capacity for the treatment of the Industrial effluents and the monitoring facilities.
D. Solid Waste Management
Tons Per Day (TPD)
Hazardous
Waste- Existing
Existing
Municip Bio- Existing facility
processing
al Solid Medical facility Tons Per capacity
facility
Waste Waste capacity Annum**
capacity*
TSDF, Co-
5 facilities-
6100 6500 10.1 1,20,000 processing,
1.2T/Hr
recycling
E. River front activities:
The Government created Musi River Front Development
Corporation Limited to act as a Nodal Agency (copy of the GO is placed at Annexure-VII) for preparation and execution of Comprehensive plan for abatement of Pollution of Musi River and River Front Development. After the field visit by the committee and after seeing the work done so far by the MRDCL, the committee is of the view that the said corporation is required to be co-opted as the member of the committee.
Demarcation of River boundary of 55KMs length on either side(50mtrs) of Musi from Gandipet to ORR-East (Gowrelli) and Himayathsagar to Bapughat.
Cleaning and clearance of Juliflora, Shrubs etc. and removal of silt for free flow of River without stagnation and 3 Nos. Mosquito killing machines are erected to bring down the mosquito menace. Also 10 Nos Fogging Machines are procured and fogging operations are being taken up daily along the banks of Musi River.
22 To prevent further dumping of C&D waste material on either side of Musi Bund, the MRDCL has installed Surveillance Cameras and also engaged 50 security guards to keep watch and ward (patrolling 24/7) to avoid further encroachments of Musi River.
MRDCL is being engaged 2 nos. of long boom excavators, 2 nos. excavators and 1 phantoon excavator for cleaning of River Musi on continuous process throughout the year as a part of Cleaning & Clearing of Musi River.
40 Spraying machines are procured for spraying pyrolysis for prevention of mosquito menace all along the Musi Course is being taken up today.
ii) Actions under progress
a) Sewage Treatment Plants
i) The STPs are being established monitored and maintained by HMWSSB and their MD also participated in the second meeting of the monitoring committee. The committee feels that HMWSSB also be co-opted as a member of the committee.
ii) The Government has accorded administrative sanction for one package for construction of 17 STPs with a capacity of 376.5 MLD vide GO Rt.No.374, MA&UD, dt: 11.09.2020 under HAM mode of contract to be implemented in the Hussain Sagar Lake - Kukatpally Nala Catchment area. The online e-Tenders were invited vide EP No.06/CGM(E)/PCC-II/ STPs Hussain Sagar lake, Kukatpally Nala Catchment/2020-21, dt: 23.09.2020 with due date on 5.12.2020. Further as per bid conditions, a pre-bid meeting was convened on 24.11.2020 which was attended by 17 Nos of prospective bidders. During the pre- bid meeting various clarifications sought by the bidders were clarified orally and in writing. Further as per the request of the bidders, the last date for submission of bids was extended upto 16.12.2020. It is to submit that as per schedule, the online Technical Bid under e-Procurement platform is opened on 16.12.2020 and found that no bids were received for the above tender. The bids are re-called. The proposed 17 STPs are as follows:
SI. No. Location of the proposed STP Capacity (in MLD) 1 Ambar Cheruvu, Pragathi Nagar 37.00 2 Chinna Maisamma Cheruvu 14.50 3 Nalla Cheruvu, Kukatpally 15.00 4 Khajakunta 22.00 5 Yellammakunta Lake, Jaya Nagar 13.50 6 Fathe Nagar 100.00 7 Vennelagadda 5.00 8 Gayatri Nagar, Chintal 5.00 9 Fox Sagar Lake 14.00 23 10 Shivalaya Nagar Cheruvu 14.00 11 Pariki Cheruvu, Kandri Gutta 28.00 12 Miyapur Patel Cheruvu 7.00 13 Gangaram Cheruvu 20.00 14 Mullakathuva Cheruvu 33.50 15 Kamuni Cheruvu 20.00 16 Durgam Cheruvu 7.00 17 Khajaguda 21.00 Total 376.5
b) In-situ Treatment:-
For the present gap of 1174 MLD of sewage flowing through 185 drains to water bodies was identified. HMWS&SB has issued work order to M/s.NEERI, Hyderabad for preparation of DPR for in-situ remediation of drain leading to river Musi. HMWSSB has submitted a proposal of Rs.528.30 Crores for taking up in-situ remediation of 1174 MLD sewage at Rs.45 Lakh per MLD to Government.
Waiting for financial approval. 27 drains are identified on River Musi. NEERI has submitted DPR for one drain i.e., Kokapet drain, for which phyto remediation work has already started. Preparation of DPR for the balance 4 drains is in progress by NEERI.
Rain guard / wet land construction on Kukatpally nala (treats approx. 150 MLD) which joins Hussainsagar lake pilot project is taken-up by HMDA. For a length of 300 RMT and the work is in progress.
C) Co-treatment of Septage at existing STPs for the Peripheral / ORR areas:
HMWSSB has taken up co-treatment of septage from the Septic Tanks of individual and community septic tanks at the existing STPs by setting up co-treatment facilities. So far 6 Co- treatment plants are established and functioning and 2 more are in progress which will be completed in 2 months. The details are as follows :
i. Nagole
ii. Khajakunta
D) Feacal Sludge Treatment Plants (FSTPs) at the newly
proposed STP sites:
i) As newly proposed STPs are taking time to implement,
HMWSSB has proposed 6 FSTPs as an interim measure to avoid pollution of lake bodies. As such HMWSSB has taken up construction of one FSTP of 40 KLD capacity at Navakunta, under CSR funding and executed by ASCII Hyderabad which will be completed within 3 months. 5 more FSTPs will be taken up and will be 24 completed in another 5 months. The septage in areas where there are no STPs will get treated to lake water standards. Out of 5 FSTP location sites, the proposal at Injapur & Nagaram for construction of FSTPs, are under tender stage.
ii) As recorded in the minutes of the meeting the committee has examined possibility of securing the CSR funds from the industries/corporate sector. The committee is of the view that CSR funds can be better utilized for FSTPs in order to arrest the contamination of the River on account of Feacal sludge.
E) Installation of OCEMS at all existing STPs:
Online Continuous Effluent Monitoring System (OCEMS) equipments to monitor pH, TSS, BOD and COD at all 20 STPs under HMWSSB are proposed for installation. The agency is finalized and work will be grounded.
F) River front activities:
Development of Green walk-ways and removal of debris
along the Musi River Edges from Bapughat to .Nagole at five locations covering Nine bridges for a total length of about 16 kms under Ecological Restoration of River Musi is taken up.
Development of Green Walk Ways and Wet Land constructions along with the River Musi edges throughout the entire stretch under the Ecological Restoration of Musi River.
Status of various measures taken for the rejuvenation of River Musi is annexed as Annexure - VIII
iii) Actions yet to be initiated :
a) Sewage Treatment Plants :
As per the Comprehensive Sewerage Master Plan (CSMP) prepared by M/s. Shah Technical Consultants, Mumbai, the DPR for the following STPs project is formulated and submitted to the Government.
SI. No. Location of the proposed STP Capacity (in MLD)
1. New Alwal Lake 15.50
2. R K Puram Lake, Mukkiddi cheruvu 5.50
3. Banda Cheruvu 15.00
4. Rama Cheruvu 30.00
5. Kapra Lake 20.00
6. Peddacheruvu 17.50
7. Am berpet 212.50 25
8. Nallacheruvu 86.50
9. Miralam-I 11.50
0. Miralam-II 30.00
1. Kokapet 15.00
2. Bapughat STP at Attapur 48.00
3. Ibrahim Cheruvu 56.00
4. Nagole 320.00 Total 883 For the balance two STP project packages, DPRs and site for establishment of the STP is available, the administrative sanctions from the Government is under process i.e. one package with 8 Nos STPs of 402.50 MLD capacity and second package with 6 Nos with 480.50 MLD capacity i.e. for total capacity of 883 MLD with 14 STPs in 2 packages.
The project implementation period is two years from the date of grounding of works.
vii. In-situ Treatment:
For the present gap of 1174 MLD of sewage flowing through 185 drains to water bodies was identified. HMWS&SB has issued work order to M/s.NEERI, Hyderabad for preparation of DPR for in-situ remediation of drain leading to river Musi. HMWSSB has submitted a proposal of Rs.528.30 Crores for taking up in-situ remediation of 1174 MLD sewage at Rs.45 Lakh per MLD to Government. Waiting for financial approval. 27 drains are identified on River Musi. NEERI has submitted DPR for one drain i.e., Kokapet drain, for which phyto remediation work has already started. Preparation of DPR for the balance 4 drains is in progress by NEERI.
Rain guard / wet land construction on Kukatpally nala (treats approx. 150 MLD) which joins Hussainsagar lake pilot project is taken-up by HMDA. For a length of 300 RMT and the work is in progress.
The total encroachment along the River Musi as reported by Revenue Dept. are 6218 structures spread over 3 Districts of Hyderabad, Rangareddy and Medchal -- Malkajgiri for the length of 55 Kms. Immediate action may be taken for removal of recent encroachments.
During the Field visit by the Monitoring Committee, MRDCL provided the following details on encroachment which were removed.
Removal of Encroachments in the year 2018 Details of removal of Encroachments Removal in the year of 2018 S. Name of Type of No. of No. of Classification No the Encroachment Encroachment Encroachment . Mandal 26
1. Golconda Bapughat Stopped 1.Religious Permanent construction of Structure Religious Structure in river course (Sangam)
2. Himayath Putlibowli Road Removal of 2 Private Permanent Nagar Private property Property boards boards and erected Govt.
land board
3. Charmina MGBS (Near Removal of 16 Huts Temporary r Darbar Temporary Huts Maissamma Temple
4. Amberpet Chaderghat Removal of 14 Commercial Temporary & Bridge Commercial Car Car Sheds Charmina Shed r Removal of Encroachments in the year 2019 Details of removal of Encroachments Removal in the year of 2019 S. Name of Type of No. of No. of Classification No the Encroachment Encroachment Encroachment . Mandal
1. Bhadurpua Under Removal of 3 vents & 10 Temporary & Commercial huts cleared Nampally Muslimjung Activity Bride
2. Nampally Under Removal of 4 Sheds Temporary Salarjung Commercial Bridge Activity
3. Nampally Under Removal of 3 vents & 12 Temporary Salarjung Commercial huts cleared Bridge Activity
4. Nampally Nayapool Removal of 15 huts along Temporary Bridge Commercial with hospital Opp Osmania Activity wastage Hospital (debris) were removed & illegal parking of 1500 rickshaws were cleared and fenced with blue sheets
5. Nampally MGBS Metro Removal of C&D Removal of C&D Temporary Station Waste waste by HMRL in co-ordination with MRDCL
6. Nampally Infront of State Removal of 97 Commercial Temporary Central Library Sheds Sheds removed & fenced the area (Ac 6.17 Gts) Removal of Encroachments in the year 2020 27 Details of removal of Encroachments Removal in the year of 2020 S. Name of Type of No. of No. of Classification No the Encroachment Encroachment Encroachment . Mandal
1. Uppal KTR Nagar Removal of 1 Chilla removed Temporary Religious along with Structure & compound Illegal wall construction in Buffer area
2. Amberpet Moosarambagh Removal of Removal of Temporary Compound wall illegal wall in river bed construction in river bed (Proposed for commercial) T o t al 1 religious "
structure and 2 commercial activities were removed.
8. The recommendations of the Committee are as follows:
"The Committee requests the Hon'ble NGT for appropriate directions in the following areas :
The total sewage joining River Musi is 1960 MLD.
Presently, 25 STPs with a capacity of 772.3 MLD are in operation. The gap is 1187 MLD and 31 STPs with capacity of 1259.50 MLD in 3 packages were proposed. DPRs for all the proposed STPs are prepared and administrative sanctions was accorded for 17 STPs with a capacity of 376.5MLD. Tenders have been called for 17 STPs under HAM model. The construction of the 17 STPs shall be taken up immediately and the process for the remaining STPs in Package No. 1 & 2 shall also be expedited. However, the installation of the STPs involve finances which have to be made available by the Government of Telangana. The setting up of the STPs as early as possible would fulfill the gap of the 1187 MLD which will cover the present short fall. The fecal sludge is collected from the septic tanks located from the areas without sewerage network. HMWS&SB has constructed 6 co-treatment facilities and another 2 are under process for treating the fecal sludge in the existing STPs. Additional 7 co-treatment facilities are being proposed. The same shall be completed within three months. HMWSSB need to speed up the establishment of the co-treatment facilities in the additional proposed 7 STPs. HMWSSB has proposed 6 FSTPs for treatment of fecal sludge from the septic tanks in the areas not having sewerage network. HMWSSB has taken up construction of one FSTP of 40 KLD capacity at Navakunta, under CSR funding and executed by ASCI, Hyderabad which will be completed within 3 months. 5 more FSTPs will be taken up and will be completed in another 5 months.28
The HMWS&SB has also proposed another 10 FSTPs of capacity 20 KLD each. CSR Funds may be explored for FSTPs and co-treatment facilities. The committee suggested to District Magistrates of Rangareddy, Medchal -- Malkajgiri and Hyderabad, during the committee meetings that the encroachments may be classified as old encroachments and recent encroachments. They may be further classified as permanent structures and temporary structures. An expeditious action for removal of recent encroachments and temporary structures be initiated under the Telangana land encroachment act.
Paving Blocks being used for Green walkways and Cycling Paths may be from the recycled materials recovered from C&D and Plastic waste.
GHMC, Urban biodiversity informed that 527 parks are developed in GHMC area. The committee considers appropriate to co-opt GHMC, Urban Biodiversity Board and the Telangana State Forest Department for the purpose of ensuring development of Bio-diversity park along the Musi River."
9. We have considered the report which shows that waste treatment is 772.3 MLD out of 1960 MLD generated i.e. less than 50%. Apart from this, there are unresolved issues for treatment of fecal sludge. Extent of encroachments is huge. It is clear that untreated waste is being discharged into the water bodies which is a crime under the law of the land enacted 47 years ago. This sorry state of affairs where the State is not discharging its basic obligation needs to be remedied on war footing. Failure is resulting in water crisis, spread of diseases and challenge to food safety, apart from aesthetics and failure of rule of law and contempt of binding directions of the Hon'ble Supreme Court in Paryavaran Suraksha, (2017) 5 SCC 326 laying down the mandate of all requisite STPs/ETPs/CETPs in place by 31.3.2018 after which coercive measures must be taken. Sources of funding are clearly indicated in the judgement. The matter has already been dealt with by a detailed order passed today in OA 673/2018, supra (alongwith OA 593/2017, Paryavaran Suraksha Samiti & Anr. v. Union of India & Ors.) by directing steps in mission mode for setting up necessary 29 equipments to ensure that no untreated waste goes into the water bodies and if it does not happen, necessary coercive measures are taken, fixing responsibility of erring officers. Serious steps are also required in mission mode to remove encroachments and to take other remedial measures.
After detailed discussion in paras 24 to 38 of the said order, the Tribunal directed:
"39. Our directions are summed up as follows:
(i) In the light of observations in Para 38 above, MoJS may devise an appropriate mechanism for more effective monitoring of steps for control of pollution and rejuvenation of all polluted river stretches in the country. The said mechanism may be called "National River Rejuvenation Mechanism" (NRRM) or given any other suitable name.
NRRM may also consider the observations with regard to setting up of National/State/District Environment Data Grid at appropriate levels as an effective monitoring strategy.
(ii) Chief Secretaries of all States/UTs and PCBs/PCCs must work in mission mode for strict compliance of timelines for commencing new projects, completing ongoing projects and adopting interim phyto/bio-remediation measures, failing which compensation in terms of earlier orders be deposited with the MoJS, to be utilised in the respective States as per action plan to be approved by the NRRM. Other steps in terms of action plans for abatement of pollution and rejuvenation of rivers, including preventing discharge or dumping of liquid and solid waste, maintaining e-flow, protecting floodplains, using treated sewage for secondary purposes, developing bio-diversity parks, protecting water bodies, regulating ground water extraction, water conservation, maintaining water quality etc. be taken effectively. The process of rejuvenation of rivers need not be confined to only 351 stretches but may be applicable to all small, medium and big polluted rivers, including those dried up.
(iii) The Chief Secretaries of all States/UTs may personally monitor progress at least once every month and the NRRM every quarter.
(iv) Directions of this Tribunal in earlier order, the last being dated 21.9.2020 are reiterated.
(v) The NRRM and the Chief Secretaries of all the States/UTs may take into account the observations in Paras 24 to 38 above.
(vi) In view of discussion in para 38 above, it is made clear that accountability for failure to comply with the direction 30 for payment of compensation will be of the concerned Chief Secretaries under Sections 25, 26, 28 and 30 of the NGT Act, 2010. The MoJS or any other aggrieved person will be free to take remedies by way of initiating prosecution or execution."
10. The above directions apply to the present matter also. The concerned authorities in the State of Telangana may accordingly take further action in the matter which may be monitored by the Chief Secretary, Telangana atleast once in a month and thereafter NRRM atleast once in a quarter, apart from complying with other directions.
11. We place on record our appreciation for the Committee in taking pains and compiling information and furnishing report.
The application is disposed of.
A copy of this order be forwarded to the Secretary, Jal Shakti, GoI, Chief Secretary, Telangana, CPCB, State PCB and District Magistrate by e-mail.
A copy of this order be also forwarded to Justice Vilas Afzalpurkar, former Judge, AP & Telangana High Court by e-mail.
Adarsh Kumar Goel, CP S.K. Singh, JM Dr. Nagin Nanda, EM February 22, 2021 Original Application No. 426/2018 DV 31