National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Government Of ... on 23 February, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.02:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 14 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU Based on the
News item in E-magazine, BBCDated:21.12.2020,
"Water pollution: Will Vizag be another Eluru?". ...Applicant(s)
Versus
The Chief Secretary to Government of Andhra Pradesh
1st Block, 1st Floor, Interim Government Complex,
A.P. Secretariat Office, Velagapudi,
Guntur, Andhra Pradesh 522 237 and Others.
...Respondent(s)
Date of hearing: 23.02.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Suo Motu by Court
For Respondent(s): Smt. Maduri Donti Reddy for R1 to R9
ORDER
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in E- magazine, BBC dated 21.12.2020, under the caption "Water pollution: Will Vizag Be Another Eluru". On the basis of the submissions made by the learned counsel appearing for the State respondents, we did not appoint any committee to go into the question and directed the State respondents to file their independent response regarding the action taken and the future course of action plan prepared for the purpose of remedying the situation and posted the case to today for that purpose.
2. When the matter came up for hearing today through Video Conference, Smt. Maduri Donti Reddy represented all the respondents. So service is complete.
3. We have received the report submitted by the Andhra Pradesh Pollution Control Board (APPCB), dated Nil and received on 19.02.2021 which reads as follows:-
Report submitted by Andhra Pradesh Pollution Control Board in O.A No 14 of 2021 as Suo Motu basedon e - magazine, BBC, 21st December 2020 on "Water Pollution: will Vizag be another Eluru".
1. Greater Visakhapatnam Municipal Corporation (GVMC) is a Local Body under the Ministry of Administration and Urban Development (MA&UD), Government of Andhra Pradesh (GoAP) with the responsibility of providing basic civic services like roads, water supply & sewerage, health & sanitation and storm water disposal for the Visakhapatnam city.
2. The main sources of water for the people of Visakhapatnam are from Meghadri Gedda Reservoir, Mudasarlova Reservoir, Raiwada Reservoir, Tatipudi reservoir and Gambhiramgedda reservoir.
3. The details of the reservoirs and water supply capacity and water Sources Map for GVMC Area is submitted below:
Name of the Reservoir Water drawl from Reservoir in MLD Raiwada Reservoir: The Raiwada 65.0 Reservoir was constructed across River 1age Sarada in Devarapalli Village and Mandal of Visakhapatnam District. This Reservoir was designed to irrigate an ayacut of 21,344 Acres. The Project irrigates an ayacut of 15,344 Acres of 44 Villages in Devarapalli, K.Kotapadu, Chodavaram Mandals of Visakhapatnam District and being supplying water to GVMC for the civic needs of Visakhapatnam.
Thatipudi Reservoir (Vizianagaram): The 26.05 Thatipudi Reservoir is located across Gosthani River Near, Thatipudi Village of Gantyada Mandal in Vizianagaram District. The Reservoir envisages stabilizing the existing ayacut of 13,861 Acres (5611.7 Hect) and providing drinking water supply to Visakhapatnam Municipal Corporation. Meghadrigedda Reservoir: The 41.0 Meghadrigedda reservoir catchment that occupies 374 Sq.mtr falls under Visakhapatnam District and a small upper catchment comes under the jurisdiction of Vizianagaram District, Andhra Pradesh. The topography of the reservoir catchment is characterized by hills, valleys and plains.
Gambheeramgedda Reservoir: 8.18 Gambhiramgedda Reservoir Project was constructed across Gambheeram gedda at Boyapalem (V) in Anandapuram (M) Visakhapatnam District is having 640Acres of Ayacut. Water is being supplied to G.V.M.C from 1st March to 30th June of every year. Even though Major portion of the ayacut is urbanized, still about 250 acres of Ayacut is being irrigated under 4 Nos of groynes through open-head channel system.
Mudasarlova Reservoir: The catchment area 1.82 of the Mudasarlova reservoir basin is 16.4 sq km and this catchment is located between Kailasagiri, Kambala Konda and Simhachalam hill.
2|Page Source: Visakhapatnam Chennai lndustrial Corridor Development Program - 24 x 7 Water Supply in North West area of Visakhapatnam Prepared by Greater Visakhapatnam Municipal Corporation, Government of Andhra Pradesh for the Asian Development Bank.
4. The Board officials collected the water samples from Meghadri Gedda, Mudasarlova, Raiwadar, Tatipudi and Gambhiramgedda reservoirs on 25..01.2021, 28.01.2021 & 29.01.2021. The Board has carried out the testing of quality of water in these reservoirs and following are submitted:
Sl Para Tha Sri Gamb Muda Megha Drinking . m ti Vara he sa dri Water N eter pud da eram rlova gedda Specificatio o s i Nara Reser Reser Reserv n: IS: 10500:
. Res ya na vo ir v oir oi r 2012 er Murt Requirem voir y ent Raiw a da Acce Perm Rese p is rv tabl sible oi e Limi r Lim t it
1. pH 7.01 7.24 7.32 7.53 7.30 6.5- NR 8.5 Cond u
2. ctivit 226 182 352 325 340 -- --
y (as 4 age µS/cm )
3. Disso lv ed Oxyg en 7.2 7.3 6.5 7.1 6.3 -- --
Total
Disso
lv ed
Solid 500 2000
4. s at 148 120 232 212 220
1050C mg/l mg/l
Bioch
e
mical
Oxyg
5. en 1.4 1.2 1.6 1.4 1.6 -- --
Dem
an
d
Chlor
i des 250 1000
6. 19.5 14.6 48.9 39.1 44.0 (as Cl-) mg/l mg/l Total Alkal 200 600 in ity
7. 100 80 152 144 148 (as CaCO3 mg/l mg/l ) Total Hard 200 600 n ess
8. 104 72 124 112 120 (as CaCO3 mg/l mg/l )
9. Calciu 22.4 16 22.4 20.8 25.6 75 200 m (as mg/l mg/l Ca2+) Mag ne 30 100 sium
10. 11.66 7.77 16.52 14.5 13.60 (as 8 mg/l mg/l Mg2+) Nitra te s 45
11. 1.15 0.70 2.30 4.51 2.03 NR (as NO3) mg/l Nitri te s Nitr
12. og en 0.01 0.01 0.03 0.17 0.07 -- -- (as NO2- N) Amm o nical
13. Nitr 0.10 0.07 0.04 0.38 0.05 -- -- og en (as NH3- N) Phos p hate
14. BDL BDL BDL 0.02 0.07 -- --
s (as PO43-
)
Sulp
ha 200 400
15. 4.48 4.20 20.87 18.8 16.21 tes 4 (as mg/l mg/l SO42-
)
7
Fluori
d 1.0 1.5
16. 0.09 0.02 0.42 0.37 0.55
es
(as mg/l mg
F -) /l
Lead 0.01
17. BDL BDL BDL BDL BDL NR
(as mg/l
Pb)
e18. Iron 0.3
0.01 0.030 0.009 0.00 0.006 NR
(as 7 5 mg/l
Fe)
Coppe 0.05 1.5
19. r 0.00 0.001 BDL BDL 0.001
1 m/l mg
(as /l
Cu)
Zinc 15
20. 0.00 0.001 BDL BDL BDL 5
(as 1 mg/l mg
Zn) /l
Nickel 0.02
21. BDL BDL BDL BDL BDL NR
(as mg/l
Ni)
Cadmi
um 0.003
22. BDL BDL BDL BDL BDL NR
(as
Cd) mg/l
Chrom
ium 0.05
23. BDL BDL BDL BDL BDL NR
(as
Cr) mg/l
Arse
ni c 0.01 0.05
24. BDL BDL BDL BDL BDL
(as
As) mg/l mg/l
8
Man
ga
0.1 0.3
nese
25. BDL BDL BDL BDL BDL
(as
Mn) mg/l mg
/l
Merc
ur y 0.001
26. 0.00 BDL 0.001 0.00 BDL NR
(as
1 1
Hg) mg/l
Fecal
Colif
or m
(MP
27. N/ 7 NIL 7 7 9 -- --
100
ml)
Total
Colif
or m
(MP
28. N/ 28 4 39 43 39 -- --
100
ml)
Pesticides: The Organo-chloro Pesticides viz., Alpha - BHC, Beta- BHC , Gamma - BHC , 4,4' - DDD , 4,4' - DDD, 4,4' - DDT, Aldrin, Dieldrin, Endosulfan - I, Endosulfan Sulfate, Endrin, 29 Heptachlor, Heptachlorapoxide, Methoxychlor , Endosulfan - II, Delta - BHC & Endrin Aldehyde were not detected in all the above reservoir samples.(The Detectable Limit is 0.05 µg/l ) Note: - All values are expressed in mg/l except pH, Conductivity, T.Coli & F. Coli; BDL: Below Detectable Limit; NR: No relaxation. It is submitted that various parameters are meeting the Drinking Water Specification: IS: 10500: 2012 limits except for the presence of fecal and T.coliform indicating sewage contamination. However, the GVMC supplying the water to the Visakhapatnam City only after 9 treatment and disinfection.
5. No water polluting industries are existing in catchment area of the above reservoirs.
No municipal sewage or industrial effluents are joining into Raiwada, Thatipudi, Gambheeram and Mudasaralova reservoirs. The sewage generated in Pendurthy residential area is joining Meghadrigedda reservoir through the drain passing under Bridge (Vepagunta to Sabbvaram road) near Sathemmathalli temple. The GVMC operating water treatment plants continuously and supplying the water to the Visakhapatnam City only after treatment and disinfection.
6. In the year 2019 Dr. Rajendra Singh, Founder Jal Biradiri, has given a complaint addressed to the Hon'ble Chief Minister of AP through the Collector, Vizianagaram regarding water & air pollution from the industries located at Lakavarapukota, Vizianagaram District and pollution of Gosthani River & Megadrigedda Reservoir. A news item was published in daily news paper "The Hindu" on 02.07.2019 titled "Check industrial pollution, Dr. Rajendra Singh urges CM". The major issues raised in the press report (The Hindu dt.02.07.2019) pertainingto APPCB are:
Pollution of Mudasarlova reservoir.
Release of untreated industrial waste into water bodies including Meghadri Gedda reservoir.
Pollution to water bodies in three villages in Vizianagaram District due to dumping of highly toxic industrial waste.
7. A.P. Pollution Control Board immediately responded to all the related issues mentioned in the representation of the Dr. Rajendra Singh, Founder Jal Biradiri and also the print & electronic media and 10 inspected the catchment areas of Mudasarlova and Meghadri gedda reservoirs. The Board issued showcause notice to the GVMC on 30.07.2019 for non- compliance of Board directions and for disposal of sewage into the water body. The Board issued directions to the GVMC on 23.09.2019 with regard to the implementation of measures to treat the sewage to the full installed capacities of the STPs and to meet the discharge standards.
8. Dr. Rajendra Singh & Bolisetty Satyanarayana has filed a Writ Petition (PIL)No. 248/2020 before the Hon'ble High Court of A.P. with a request to issue a writ or direction more particularly one in the nature of Writ of Mandamus by remedial actions of not
8. Dr. Rajendra Singh & Bolisetty Satyanarayana has filed a Writ Petition (PIL)No. 248/2020 before the Hon'ble High Court of A.P. with a request to issue a writ or direction more particularly one in the nature of Writ of Mandamus by remedial actions of not 11 5 allowing untreated industrial effluents and toxic sewerage water being through in the nearby sea water and adjacent water bodies. A copy of the Counter affidavit filed by APPCB for W.P. 248 is herewith submitted as Annexure.
9. In respect of Eluru mystery disease i.e., sudden convulsion of unknown origin in people residing in Eluru, APPCB conducted water quality monitoring and Air quality monitoring in Eluru Town and carried out physico chemical analysis, Heavy metal analysis, organo chlorine pesticides and bacteriological analysis for surface water and ground water. As per analysis results, there is no contamination of physico chemical, heavy metals, organochlorine & bacteriological parameters observed. The above monitoring indicated that there is no water and air pollution. The Government of A.P. constituted a multi disciplinary committee headed by the Chief Secretary 12 to the Government to investigate source of episode and suggest remedial measures to prevent any occurrence of such events in future. The organizations 6 Page like NEERI, AIIMS and IICT conducted investigation and submitted reports to the committee. The reports submitted by various organizations are under examination by the committee.
10. APPCB and NEERI submitted analysis reports to the multi disciplinary committee. The committee was also observed that there is no industrial effluent contamination in surface water and ground water in Eluru Town.
11. The Hon'ble NGT has periodically been reviewing the compliance status of implementation of various waste management rules and other Environmental issues in the country in OA No. 606/2018, 673/2018, 519/2019, 593/2017 and issuing directions from time to time for effective implementation. The Board 13 addressed letters to the Secretary, MA&UD department, Commissioner & Director of Municipal Administration and all district collectors on 25.08.2020 informing about compensation regime for non-compliance of waste management rules and seriousness involved in implementation of waste management rules and orders of the tribunal and requested to expedite for implementation of the same in local bodies and submit the action taken reports at the earliest."
4. The report shows that they have conducted Ambient Air Quality (AAQ) in Eluru town and they have also conducted physico chemical analysis, Heavy metal analysis, organo chlorine pesticides and bacteriological analysis for surface water and ground water and as per the report, there was no contamination of physic chemical, heavy metals, organo chlorine & bacteriological parameters observed. However, level of total coliform and faecal coliform (TC & FC) appears to be high.
5. According to the Andhra Pradesh Pollution Control Board (APPCB), there is no water or air pollution. It is also mentioned in the report that the Government of Andhra Pradesh had also constituted a multi disciplinary committee headed by the Chief Secretary to the Government to 14 investigate the source of episode and suggest remedial measures to prevent any occurrence of such events in future involving National Environmental Engineering Research Institute (NEERI), All India Institute of Medical Sciences (AIIMS) and Indian Institute of Chemical Technology (IICT) and those organisations submitted their independent reports which are under consideration of the committee. Probably the reports mentioned in this report submitted by the Andhra Pradesh Pollution Control Board (APPCB) may throw some light regarding the source for such disease and the probable action plan to be prepared for resolving the issue permanently.
6. When this was pointed out, the learned counsel appearing for the State Government submitted, that they may be able to come with the detailed report incorporating all these aspects, if some time is granted and the Municipal Corporation is also taking effective steps to remedy the situation and they also wanted to file a detailed report regarding these aspects. So considering this aspects, we feel that some more time can be given to the official respondents to file their independent response regarding the allegations made in the newspaper report, the source for such disease and the remedial measures taken by them to resolve the issue and they are 15 directed to file the respective reports to this Tribunal on or before 18.03.2021by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules.
7. The Registry is directed to communicate this order to the official respondents immediately through e-mail so as to enable them to comply with the direction.
8. For appearance of parties and for filing their independent responses and also for consideration of further report, post on 18.03.2021.
....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.14/2021 23rd February, 2021. Sr. 16