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National Green Tribunal

Brundaban As Azad Aged 60 Years So ... vs Union Of India Through Secretary Of ... on 25 September, 2023

        BEFORE THE NATIONAL GREEN TRIBUNAL
                EASTERN ZONE BENCH,
                      KOLKATA
                        ............
         ORIGINAL APPLICATION No. 66/2023/EZ

IN THE MATTER OF:

1.   Brundaban Das Azad,
     S/o Late Rajkishore Das,
     Aged 60 years,
     At - Balisahi, P.O.- Nua Bazar, P.S.- Chauliaganj,
     District - Cuttack,
     Pin - 753001
                                                   ....Applicant(s)
                     Versus

1.   Union of India
     Through Secretary of Ministry of Water Resources, River
     Development and Ganga Rejuvenation,
     At - e-Gov Cell, 6th Floor Cabin,
     Shram Shakti Bhawan,
     Rafi Marg,
     New Delhi - 110001


2.   Union of India,
     Represented through Secretary of Ministry of Environment,
     Forests and Climate Change,
     At - Jorbagh Road, Aliganj,
     New Delhi - 110003


3.   State of Odisha,
     Represented through Addl. Chief Secretary of Department
     of Forest, Environment and Climate Change,
     At - Sachivalaya Marg,
     Bhubaneswar,
     Pin - 751001


4.   State of Odisha,
     Represented through Principal Secretary of Department of
     Water Resource,
     At - Keshari Nagar,
     Bhubaneswar,
     Pin - 751001

                                  1
 5.   State of Odisha,
     Represented through Principal Secretary of Housing and
     Urban Development,
     At - Sachivalaya Marg,
     Bhubaneswar,
     Pin - 751001


6.   Collector and District Magistrate, Puri,     Deleted Respondent
     At - Collector Office, NH - 5,
     Khurda - 752057


7.   Collector and District Magistrate, Khurda,
     At - Collector Office, NH - 5,
     Khurda - 752057


8.   Central Pollution Control Board,
     Represented through Member Secretary,
     At - Parivesh Bhawan,
     East Arjun Nagar,
     Delhi - 110032

9.   Odisha State Pollution Control Board,
     Represented through Member Secretary,
     At - Paribesh Bhawan,
     A/118, Nilakantha Nagar, Unit - 8,
     Bhubaneswar - 751012

10. Odisha Water Supply and Sewerage Board,
    Represented through Member Secretary,
    At - Kaliaboda Road,
    Mahanadi Vihar,
    Cuttack,
    Odisha - 753004

11. Bhubaneswar Municipal Corporation,
    Represented through Commissioner,
    At - COMC Tower at Satya Nagar,
    In front of Satya Nagar Kali Temple on Janpath,
    Unit - IX,
    Bhubaneswar - 751007

12. Water Corporation of Odisha,
    Represented through Chairman,
    At - Unnati Bhawan,
    Satya Nagar, Bhubaneswar - 751007
                                 2
 13. Office of Executive Engineer, Drainage Division,
    At - Gandarpur,
    Cuttack,
    Pin - 753003

14. Puri Konark Development Authority,             Deleted Respondent
    Represented through Chairman,
    At - VIP Road PKDA Square,
    Puri - 752001

15. Chilika Development Authority,              Deleted Respondent
    Represented through Chief Executive Officer,
    At Plot No.-493(P),
    Palashpalli, Pokhariput Road,
    Bhubaneswar - 751020

16. Bhubaneswar Development Authority,
    Represented through Chairman,
    At - Akash Shova Building,
    Sachivalaya Marg,
    Bhubaneswar,
    Odisha - 751001
                                                ....Respondent(s)

COUNSEL FOR APPLICANT:
Mr. Afraaj Suhail, Advocate

COUNSEL FOR RESPONDENTS :

Mr. Ashok Prasad, Advocate for R-1,
Ms. Amrita Pandey, Advocate for R-2,
Mr. Saubhagya Ketan Nayak, AGA for R-3, 4, 5, 7 & 13,
Mr. Surendra Kumar, Advocate for R-8,
Mr. Dipanjan Ghosh, Advocate for R-9,
Mr. Sailaza Nandan Das, ASC for R-10,
Mr. Prasanna Kumar Bhuyan, Adv. for R-12,
Mr. Rajib Ray, Advocate for R-11,
Mr. Dayanand Mahapatra, Advocate for R-16

                              JUDGMENT

PRESENT:

HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE DR. ARUN KUMAR VERMA (EXPERT MEMBER) __________________________________________________________________ Reserved On:-15th September, 2023 Pronounce On:- 25th September, 2023 __________________________________________________________________ 3
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) Heard the learned Counsel for the Applicants as well as the learned Counsel for the Respondents and perused the documents on record.

2. This Original Application has been filed by the Applicant alleging unwarranted disposal of waste into the Gangua Canal making the said water channel a dump yard. It is alleged that the dumping of the waste into this Canal directly affects the water of Daya River as well as Chilika Lake as all these waterbodies are interlinked to each other. It is stated that the Gangua Canal is a stream which originates from the Western upland area of Bhubaneswar City (Chandaka Reserve Forest Area) and flows through the South-Eastern side of the city almost parallel to the Daya River and falls into the Daya River near Village Vadimula of District-Khurda. The total length of the Canal from its origin is about 45 km. It is also stated that the Gangua Canal receives about 107.25 minimal liquid discharge of waste water within the city of which 47.6 minimal liquid discharge is from domestic sources; 29.3 minimal liquid discharge from industrial sources and 30.35 minimal liquid discharge from mixed sources. It is alleged that Bhubaneswar City does not have any organized sewage system and most of the sewage is discharged through storm water drains in the 4 said Canal. It is further stated that the city has 10 storm water drains that mostly carry untreated waste water and its outfall is into the Gangua Canal at different locations which means that Gangua Canal receives untreated sewage of the city of Bhubaneswar.

3. It is stated that the Bhubaneswar Municipal Corporation has about 34 Micro Composting Centers (MCC); there was a proposal for establishment of 06 STPs with a capacity of 184 Minimal Liquid Discharge (MLD) at 06 different locations namely "Mehrpali" capacity 56 MLD, "Basuaghai" capacity 28 MLD, "Kochilaput" capacity 43.5 MLD, "Paikrapur" capacity 8.5 MLD and "Rokad" capacity 48 MLD. It is also stated that the construction of these STPs were scheduled to be completed by the year 2020 but the said construction has not been completed till date. It is further stated that the Central Pollution Control Board (CPCB) in its Report "Polluted River Stretches for Restoration of Water Quality-2022" has mentioned the Gangua Canal as the most polluted waterbody in Odisha with BOD level of upto 39.2 mg/l.

4. It is also stated that the Department of Forest, Environment and Climate Change, in its draft report relating to water pollution has mentioned the major polluting point of Gangua Canal as places like Patia, Sainik School, Vani Vihar, Laxmisagar area, Baragada area, Kedargouri and Nicco Park.

5. At the time of admission, the Tribunal constituted a Committee comprising of the following members: - 5

(i) District Collector, Bhubaneswar, or his nominee not below the rank of Additional District Magistrate;
(ii) Senior Scientist, Odisha State Pollution Control Board;
(iii) Senior Scientist, Central Pollution Control Board; and
(iv) Senior Scientist, Integrated Regional Office, Ministry of Environment, Forests and Climate Change, Bhubaneswar, Odisha.

6. The Committee was directed to visit the site in question and submit its Inspection Report.

7. The Respondent No.10, Odisha Water Supply & Sewerage Board ('OWSSB' for short), has filed counter-affidavit dated 04.08.2023 stating therein that the Board was originally entrusted with the responsibility of Construction as well as Operation & Maintenance (O & M) of all Sewerage and Septage Systems (except Government Quarters & Institutions) whereas Public Health Engineering Organization (PHEO) was entrusted with the responsibility to look after Construction, Operation & Maintenance (O & M) of all drinking water supply systems/water works as well as sewerage systems of Government Quarters and Instructions vide Department Resolution dated 25.11.2017. However, after the full- fledged functioning of Water Corporation of Odisha ('WATCO' for short) with effect from 01.06.2019, and for smooth distribution of responsibilities among the various Government entities i.e. OWSSB, PHEO and WATCO and in partial modification of the earlier notification dated 25.11.2017, the Government decided that the Construction, Operation & Maintenance of all Sewerage and 6 Septage Projects/Systems in WATCO area i.e. Bhubaneswar, Jatni and Khurda Urban Local Bodies shall be looked after by WATCO henceforth. It is also stated that the on-going Sewerage Projects/Systems in Sewerage Districts I, II, III and IV. Along with the proposed Septage Projects at Bhubaneswar were transferred to WATCO by the OWSSB to continue further activities. The Housing and Urban Development Department Resolution dated 10.09.2019 in this regard has been filed with the affidavit (page no.105 of the paper book).

8. The Respondent No.7, Collector & District Magistrate, Khordha, has filed its affidavit dated 07.08.2023 bringing on record the interim Inspection Report wherein it is stated that a Joint Committee constituted by the Tribunal visited many locations to assess the allegations made with respect to dumping of waste into the Gangua Canal, Sewage Treatment (STP) and Seepage Treatment Plant (SeTP) facilities constructed at different locations for treatment of sewage water and faecal waste and Municipal Solid Waste treatment facility generated from Bhubaneswar city by different Departments of the Government of Odisha. The observations and conclusions of the Committee read as under: -

"OBSERVATION & CONCLUSION:
1. For disposal of municipal solid wastes, the Bhubaneswar Municipal Corporation, Department of Housing & Urban Development, Government of Odisha has provided Micro-composting Centre (MCC) and Material Recovery Facility (MRF) for treatment and 7 disposal of municipal solid waste collected from different wards of Bhubaneswar city.

To assess the municipal solid waste disposal by the Bhubaneswar Municipal Corporation the joint committee visited 3 nos. of Micro-composting Centres i.e. 1 nos. at Mahisakhala (waste collection from Ward No. 56 & 57 having 7000 houses (approx.) and 2 numbers at Badagada area (waste collection from ward No. 43 & 45 having 8600 houses (approx.).

It was observed that proper management is being carried out starting from door-to-door collection, segregated at source, Compostable and Non-

compostable solid waste collection, transportation to the nearest MCC & MRF centres by small vehicles (battery operated vehicles and 4 wheelers (having separate chambers (i.e. Blue chambers for collection of non-bio- degradable wastes and Green chambers for collection of compostable wet wastes).

The non-biodegradable wastes are received at the Material Recovery Facility (MRF) where different types are dry non-biodegradable materials like plastic, iron, glass etc., are segregated and stored separately. These are packed and stored in designated places within the facility and handed over to the re-processors. Similarly, the bio-degradable solid wet wastes are received at the Micro-composting Centre (MCC) which are again sorted and subjected to composting by addition of primers/nutrients. Each MCC has provision of treating 5 TPD (Tonnes per Day) wet wastes. Each MCC unit has 14 Nos. of composting pits and each composting pits have the capacity to treat 5 TPD. All the pits are kept under cover shed. After composting the material is sieved and kept in bags for sell to public and forest 8 department. The leachate are collected in underground pit and sent to STP for treatment.

It was observed that the Micro-composting Centre (MCC) and Material Recovery Facility (MRF) are well maintained and proper record is being maintained. It was decided by the joint committee to request the Commissioner, Bhubaneswar Municipal Corporation to provide the details information of the MCC & MRF located inside Bhubaneswar city (i.e. numbers, quantity/capacity, area, number of houses covered etc.) so as to ascertain the total quantity generated, treated and disposed.

2. For disposal of sewage generated from Bhubaneswar city, Water Corporation of Odisha, Department of Housing & Urban Development, Government of Odisha, has established and operating Five (05) numbers of Sewage Treatment Plant (STP) of different capacities. These details of the 05 numbers of STPs are: (i) 56 Million Liter per Day (MLD) capacity is located at Meherpalli, Bhubaneswar, (ii) 28 Million Liter per Day (MLD) capacity is located at Basuaghai, Bhubaneswar,

(iii) 43.5 Million Liter per Day (MLD) capacity is located at Kochilaput, Bhubaneswar, (iv) 8.0 Million Liter per Day (MLD) capacity is located at Paikarapur, Bhubaneswar and (v) 48 Million Liter per Day (MLD) capacity is located at Rokat, Bhubaneswar.

To assess the collection and treatment of sewage water and it disposal by the department, the joint committee randomly visited 03 numbers of Sewage Treatment Plants (STPs) i.e. (i) 56 Million Liter per Day (MLD) capacity located at Meherpalli, Bhubaneswar, (ii) 28 Million Liter per Day (MLD) capacity located at Basuaghai, Bhubaneswar and (iii) 48 Million Liter per 9 Day (MLD) capacity located at Rokat, Bhubaneswar. It was observed that all these three Sewage Treatment Plant were operating efficiently. The sewage water from part of the cities are collected through sewage pipe line and pumped to respective STP and the treated water is discharged to Gangua nallha. From the record of the plant it was found that the treated wastewater analysis report was meeting the standard prescribed by the State Pollution Control Board, Odisha.

It was found that the STP are operating at 20-30% capacity as all the sewerage pipe networking inside the city is yet to be completed.

It was also decided by the joint committee to request the Chief Executive Officer, WATCO to provide the details information of the STPs located inside Bhubaneswar city (i.e. numbers, quantity/capacity, area, number of houses covered, time of completion of sewerage networking and full operation etc.).

3. For disposal of fecal wastewater and sludge generated from Bhubaneswar city, Orissa Water Supply & Sewerage Board, Department of Housing & Urban Development, Government of Odisha has established and operating Two (02) numbers of Septage Treatment Plants (SeTP) i.e. (i) 75 Kilo Liter per Day (KLD) capacity located at Basuaghai, Bhubaneswar and (ii) 75 Kilo Liter per Day (KLD) capacity located at Rokat, Bhubaneswar.

To assess the collection and treatment of fecal wastewater and sludge treatment and it disposal by the department, the joint committee visited the 02 numbers of Septage Treatment Plants (SeTP) i.e. (i) 75 Kilo Liter per Day (KLD) capacity located at Basuaghai, Bhubaneswar and (ii) 75 Kilo Liter per Day (KLD) capacity located at Rokat, Bhubaneswar. It was 10 observed that these two Septage Treatment Plants (SeTP) were operating efficiently. The faecal sewage and sludge water from different part of the cities are collected through vehicles (Cess Pool Vehicles) and decanted at the treatment plant. The treated water after meeting the standard is used for gardening purpose. No wastewater is discharged to outside or Gangua nallha. From the record of the plant it was found that the treated wastewater analysis report was meeting the standard prescribed by the State Pollution Control Board, Odisha.

It was also decided by the joint committee to request the Engineer-in-Chief Orissa Water Supply & Sewerage Board to provide the details information of the SeTPs located inside Bhubaneswar city (i.e. numbers, quantity/capacity, area, number of houses covered, etc.).

4. For the allegation that the wastewater from the city is discharged to Gangue nallha, it was observed that 10 Nos. of storm water drains exist inside Bhubaneswar city. This storm wastewater drain carry the wastewater generated from household, multi-storied apartments, commercial buildings, educational and IT industries, hotels, hospitals, industrial area from different part of Bhubaneswar city which ultimately fall to Gangua Nallha.

Gangua nallha, a stream originates from the western upland area of Bhubaneswar city (Chandaka reserved forest area) and flows along the south-eastern side of the and ultimately outfalls into Daya river near village Vadimula of Khurdha district. The total length of gangue nallha from its origin to the confluence point is approximately 45 kilometers. After traversing along the city side, Gangua nallha confluences with Daya river 11 approximately 9 km towards south direction from the city limit.

During visit the 6 sites of Gangua nallha i.e. at Badagada, Basuaghai, Meherpalli, Palasuni, Rokat and Raghunathpur were visited.

5. As alleged that the major polluting point of Gangua Canal as places like Patia, Sainik School, Vani Vihar, Laxmi Sagar, Badagada area, Kedargouri and Nicco Park. During visit it was observed that in these locations, the drain passes collecting wastewater from the respective city area. This drain ultimately falls in Gangua canal.

6. All the 10 drains of Bhubaneswar city carrying the wastewater from various areas ultimately fall into Gangua Nallha, the same is being polluted. Since this is monsoon season wastewater samples were not collected for analysis as the critical parameter will not reflect the actual values.

7. The Daya river ultimately fall to Chilika lake which is situated in Puri, Khordha and Ganjam district. Considering the monsoon season wastewater samples were not collected from Daya river and Chilika lake for analysis as the critical parameter will not reflect the actual values.

It was decided by the joint committee to request the Member Secretary, State Pollution Control Board, Odisha to provide the waste water quality analysis report of the 10 numbers of drains, Gangua Nallha, Daya River and Chilika lake as well as the Chief Executive, Chilika Development Authority to provide the water quality analysis report of Chilika lake as the same covers a large area.

12

8. Since this being a monsoon season, wastewater samples were not collected for analysis as the critical parameter will not reflect the actual values. The Committee proposed that request may be made before the Hon'ble NGT, Kolkata to kindly allow a 120 days (4 months) time so as to prepare and submit detailed report with respect to water quality of Sewage Treatment Plants, Septage Treatment Plants, 10 numbers of drains, Gangua Nallha, Daya River and Chilika lake which may be carried out during the post-monsoon period (i.e. Sept-October) and the water quality result/data can be obtained and accordingly mitigation measures can be suggested.

9. The Hon'ble NGT, Kolkata may also be requested to allow the other stake holders/Concerned Departments like Commissioner, Bhubaneswar Municipal Commissioner, Chief Executive Officer, Water Corporation of Odisha (WATCO), Engineer-in-Chief, Orissa Water Supply & Sewerage Board (OWSSB), Chief Executive, Chilika Development Authority to include in the Constituted Committee (Order Dt. 5th July, 2023) so as to submit Comprehensive Action Plan for improvement of the water quality of the Gangua nallha and Daya River."

9. The Respondent No.11, Bhubaneswar Municipal Corporation, has filed affidavit dated 07.08.2023 denying that there is any disposal of waste into the Gangua Canal by the Municipality. It is stated that as per Standard Operation Procedure (SOP) of the Housing and Urban Development Department, Govt. of Odisha introduced vide letter dated 18.12.2022, copy of which has been filed with the affidavit, the Municipality is implementing Decentralized Waste Management System, in which the segregated 13 waste is being collected through the partitioned Light Commercial Vehicles (LCVs)/Battery Operated Vehicles (BOVs) from each waste generator and are transported to the Micro Composting Centre (MCC) and Material Recovery Facility (MRF) which is called Wealth Centre. The wet waste is then processed in a scientific manner in the Micro Composting Centre (MCC) and converted to compost and sold as "MO KHATA" and the dry waste is further segregated at the Material Recovery Facility (MRF) and is channelized and sold to empanelled agencies for further processing. It is further stated that the Wealth Centre Operation is entirely managed by the Mission Shakti Group/Women Self Help Group/Transgender Group. It is stated that there are at present 36 MCCs and 22 MRFs functional in different parts of the city for effective management of Solid Waste generated in the city. It is also stated that Construction and Maintenance of Sewerage Treatment Plants (STPs) are being done by WATCO, Bhubaneswar, and several Sewerage Treatment Plants (STPs) are located at difference places in Bhubaneswar.

10. The Respondent No.12, Water Corporation of Odisha ('WATCO' for short) has filed affidavit dated 08.09.2023 stating that its operation is extended to 07 Municipal Corporations and 29 Urban Local Bodies (out of 110 Urban Local Bodies) of the State. It is also stated that the sewerage system of the Bhubaneswar city has divided into 05 districts having Sewerage Treatment Plants (STPs), in each district of different capacities for treatment of liquid waste. Out of 05 STPs, the work of 03 STPs have been completed and the rest of 02 STPs will be completed by 30.09.2023 and 30.11.2023 14 respectively. These STPs have a total capacity of treating 183.5 MLD covering the entire Households of Bhubaneswar city. The chart given in paragraph-2 of the affidavit is extracted herein below: -

Sl. No.      STP      Capacity      No. of       Time of  Remarks
                                    House      completion
                                   covered         of
                                   till date    Sewerage
                                                Network
   1        Dist-I     56 MLD       32440      31.08.2023 Completed
   2        Dist-II    28 MLD       15214      31.08.2023 Except
                                                             20m       of
                                                             Rath Road
                                                             near PWD
                                                             culvert
   3       Dist-III   43.5 MLD      23667      30.11.2023
   4       Dist-IV      8 MLD           5936   Completed
   5        Dist-V     48 MLD       13945      30.09.2023
 Total     5 Nos.       183.5       91202
                         MLD

11. It is further stated that after all the STPs commence operation to full capacity there will be no possibility of any discharge of liquid waste into the open drains. It is stated that the WATCO is taking steps for treatment of drain water through facultative ponds, before discharge into the Gangua Canal and WATCO is making sincere efforts to restrict the discharge of liquid waste into the Gangua Canal through open drains. It is, however, stated that conversion of Canals into the waterbody, removal of sand and shoals, plantations and encroachments are beyond the jurisdiction of the corporation.

12. Allegations of unwarranted disposal of waste water into the Gangua Canal making the waterbody as dump yard also affecting 15 the water of Daya River as well as Chilika Lake have been denied. It is stated that the Gangua Canal is a stream which originates from the western upland area of Bhubaneswar city and flows along the south eastern side of the city and outfalls into the River Daya.

13. It is also stated that Daya River is a branch of the Kuakai River and flows to Khurda District and Puri District and finally outfalls into the Chilika Lake. It is further stated that Chilika Lake is a brackish water lagoon being the largest in the world but it is denied that there is discharge of waste water into Gangua Canal affecting River Daya as well as Chilika Lake.

14. The Respondent No.5, Housing and Urban Development, Odisha, has filed counter-affidavit dated 13.09.2023 of the Principal Secretary, of the Department and it is stated that on 30.04.2022 a High Level Meeting was held under the Chairmanship of then Chief Secretary of Odisha, Shri Suresh Chandra Mohapatra, for restoration of water quality of River Daya. It is also stated that there was a discussion that water quality of River Daya has deteriorated due to the discharge of untreated waste water of Bhubaneswar city through Gangua Nallah (Canal). The affidavit thus clearly belies the claims of the Bhubaneswar Municipal Corporation that waste of the Municipality is not being drained into the Gangua Canal and River Daya.

15. The affidavit states that Dr. K. Murugesen, Member Secretary, State Pollution Control Board, Odisha, has submitted that so far 04 STPs with total treatment capacity of 135.5 MLD have been 16 installed for treatment of waste water and construction of one more STP with treatment capacity of 48 MLD is under progress but the capacity utilization of these STPs is less i.e. 19 MLD as per information received from the Housing and Urban Development Department, Odisha, in March, 2022.

16. The affidavit further states that as of April, 2022, 90% work of construction of 48 MLD STP at Rokat is completed and the balance will be completed by June, 2022. It is also stated that besides these, 2 STPs of 75 KLD each have already been commissioned to treat faecal sludge generated in the city of Bhubaneswar. Certain suggestions have been made by the Principal Secretary, in paragraph-6 of his affidavit which read as under: -

"6. xxxx xxxx xxxx
1. Track all the 10 major drains and all the pollution sources from the river discharge points to backward. Google map be referred to for tracking the sources.
2. Ground trothing to be done to check if all major housing complex/Apartment have either functional captive STP or connected to city sewer systems.
3. Verify all major polluting sources including housing, commercial, institutional and industrial establishment and take remedial actions.
4. Identify land parcels on either side of the major and tributary drains for construction of interception and diversion weir and stabilization ponds for en-route treatment and discharge back to drain.
5. Identify the major pollution sources outside the Bhubaneswar Municipal Corporation limits in the peri- urban and rural area adjoining the River stream of Daya basing on satellite map information and take up remedial measures."
17

17. It is also stated that a meeting was held on 04.05.2022 under the Chairmanship of Special Secretary to the Govt. Housing & Urban Development Department with regard to pollution of River Daya and it was informed that 5 cusecs of water was being released into the River Daya from Daya West Branch Canal and now release of 10-15 cusecs of water from Daya West Branch Canal into River Daya has also started. Further, it is stated that 100 cusecs water are being released through Puri main canal and outfalls into River Kuakhai. It is also stated that the supply of water will be raised to 150 cusecs for dilution of the pollution in River Daya through Kuakhai River. It is stated that a further meeting was held on 02.07.2022 with regard to compliance and action taken report of the first meeting on 30.04.2022 and water quality monitoring of all major drains falling into Gangua Nallah (Canal) and Daya River were carried out in coordination with the State Pollution Control Board, Odisha. A decision was also taken that by the end of the December, 2022, the goal of BOD 3.0 mg/l and total coliform bacteria within 5000 MPN/100 ml. in Gangua Nallah (Canal) and River Daya be achieved.

18. A "Task Force" has also been constituted vide notification dated 04.08.2022 by the Housing and Urban Development Department, to monitor and control the pollution level in River Daya Gangua Canal. It is stated that the Vice-Chairman, Bhubaneswar Development Authority, will be the Chairperson of this Task Force with the Municipal Commissioner, Bhubaneswar Municipal Corporation as Vice-Chairman and Engineer-in-Chief, 18 Orissa Water Supply and Sewerage Board as Member Convenor and other members from different Departments were also added as members. Meetings of the Task Force were held on several dates and the main focus was:

(a) Management of Solid and Liquid Waste in industrial areas;
(b) Management of domestic waste water;
(c) Management of Septage;
(d) Management of sewage in Apartment, Hospitals and other Institutions;
(e) Management of faecal waste in different slums in Bhubaneswar Municipal Corporation areas;
(f) Management of Bio-medical Waste being generated from Hospital and Clinics and management of drainage system to ensure that Gangua Canal and River Daya became pollution free.

19. We have heard learned Counsel for the parties and perused the documents on record.

20. It is not disputed that there is acute pollution in the Gangua Canal which connects to River Daya with outfall into River Kuakai and the source of the pollution is through various drains which form 10 major drains and other tributaries including waste generated in the Bhubaneswar Municipality. However, now that a Task Force has been formed by the Government under the Chairmanship of the Chief Secretary, Govt. of Odisha to monitor and ensure that Gangua Canal and River Daya remain free of pollution, we have no reason to doubt that the task which has been 19 assigned to itself by the Task Force for implementation of various schemes as already mentioned in the affidavit of the Principal Secretary, Housing & Urban Development Department, Odisha, will be completed. The Task Force shall also ensure completion of construction work of all the remaining STPs under construction which were expected to be completed by November, 2023 and ensure that the same are functional to the optimum. It will be the duty of this Task Force to regularly monitor and check all sources of pollution into Gangua Canal, River Daya and River Kuakhai.

21. In view of the above directions, the Original Application No.66/2023/EZ is disposed of.

22. Interlocutory Applications, if any, stand disposed of accordingly.

23. There shall be no order as to costs.

........................................ B. AMIT STHALEKAR, JM ................................................ DR. ARUN KUMAR VERMA, EM Kolkata, September 25, 2023, Original Application No.66/2023/EZ MN 20