National Green Tribunal
News Item Appearing In The Hindu Dated ... vs State Of Madhya Pradesh on 9 July, 2024
Item No. 03
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 03/2024(CZ)
(I.A. No. 732/2023-PB)
Suo Moto case in re :
News item appearing in The Hindu dated 03.12.2023 titled "Battling
water woes in land of tragedy"
Suo Moto.....
Date of Hearing: 09.07.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s) : Mr. Gigi George, Adv.
Mr. Prashant M. Harne, Adv.
Ms. Parul Bhadoria, Adv.
Mr. Yadvendra Yadav, Adv.
ORDER
1. The City of Lake Bhopal, witnessed and faced the most pathetic human tragedy and environmental degradation of history, ever seen in the year 1984.
2. In 1984, a tragic gas leak at the Union Carbide factory in Bhopal resulted in loss of lives, environmental damage, and adverse effects on flora and fauna. Despite challenges in quantifying the losses, various institutions have studied the immediate and long-term effect. In 2011, the Central Ground Water Board found saline groundwater due to geogenic mineral dissolution Recently "The Hindu", a newspaper article highlighted groundwater contamination risks from poorly managed toxic waste at the UCIL premises. Prompted by this, the National Green Tribunal took Suo 1 OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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Motu action, summoning relevant CGWA and MP PCB The CGWA initiated a new investigation w.r.t heavy metal contamination in groundwater near UCIL.
3. The Methyl Isocyanate (MIC) leak from the Union Carbide Factory in Bhopal, occurred on 02.12.1984 led to the loss of human and animal lives, environmental damage, and a decline in the quality of flora and fauna in the affected area. The Central Groundwater Board conducted a study in 2011 to assess the groundwater quality in the vicinity with a primary objective to examine the potential groundwater contamination, if any, resulted from the gas leak, the results were as follows:-
i. The majority of water samples (approximately 90%) fell into the hard or very hard classes for household use, with hardness values ranging from 195 to 940 mg/l and an average of 518 mg/l. Out of 12 locations around UCIL, nitrate (NO3) concentrations exceeded the BIS desirable limit of 45 mg/l in 10 locations, sulphate concentrations exceeded the BIS desirable limit of 200 mg/l in 1 location.
Calcium content in water samples from four locations exceeded the BIS maximum permissible limit of 200 mg/l.
ii. Result indicated partial chloride contamination in the study area, with 25% of examined points exceeding the BIS desirable limit (250 mg/l) but remaining below the permissible limit (1000mg/l). approximately 33.33% of locations had magnesium concentrations exceeding the BIS desirable limit of 30mg/l.
iii. As BIS did not provide specific limits for sodium, WHO standards were applied, revealing two locations with sodium concentrations exceeding the WHO limit, averaging 2 OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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99.5 mg/l. Similarly for potassium, three locations recorded potassium concentrations above the WHO limit of 10 mg/l.
4. The Hindu news item published on 03.12.2023, highlighted the water crisis in the land of tragedy that is Bhopal and further contamination of groundwater, spreading and on account of shortage of piped water at some places of the place's residents was taken cognizance by the Principal Bench of this Tribunal in O.A. No. 732/2023 and the authorities concerned were directed to submit the factual and action taken report and later on the matter was transferred to this bench.
5. The Regional Director, Department of Water Resources, River Development, Ganga Rejuvenation, Bhopal vide letter dated 15.01.2024 communicated that the heavy metals contamination and basic water quality parameters around Union Carbide India Limited, Bhopal, was examined by a team consisting Expert Members and results are as follows:-
i. The study found groundwaters in and around the UCIL area to be free from carbonate (CO) ions, However, fluctuations in bicarbonate (HCO) concentrations were considered for calculating Total Alkalinity (ALKT), which ranged from 164.96 to 559.88 (average 318.3) None of the locations had ALKT values exceeding the BIS permissible limit of 600 mg/l (Tables 1 & 3).
ii. Results indicated partial chloride contamination in the study area, with 19.44% of examined locations remained below the permissible limit (1000 mg/l) Chloride concentrations vaned from 40 (HP, Lalghat) to 465 (BW, 3 OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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Geetanjali College) mgen samples cowrigtriane close to CIL (Tables 1 & 3).
And the conclusions are as follows :-
"In a concise summary, the study observed that the pH values of the groundwater were within acceptable limits, and the Electrical Conductivity of Water (ECw) remained below the permissible limits set by the Bureau of Indian Standards (BIS).
Additionally, carbonate ions were found to be absent. The investigation covered various parameters, including chloride, nitrate, sulphate, fluoride, phosphate, and silica.
The nitrate concentrations (NO3) exceeding the BIS approved limit of 45 mg, were found in seven out of 36 locations surrounding UCIL Of these, four were associated with shallow aquifers, and three were connected to deep aquifers. Nitrate is acknowledged as a well-established environmental contaminant originating from diverse human activities. Human-induced contributors encompass the production and utilization of nitrate fertilizers, the combustion of fossil fuels, and the discharge of domestic sewage (Gutierrez et. al. 2018; Ward, M. et al., 2018 and Torres-Martinez, J. A. et al, 2020).
Three locations namely HP. shallow Aquifer, BW. Deep Aquifer, and HP shallow Aquifer showed the hardness greater than BIS permissible limit (600 mg) respectively as 827,683 and 634 mg/l.
Furthermore, the study highlighted into the concentrations of eighteen heavy metals, revealing elevated levels of iron and 4 OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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manganese in certain locations. Notably, strontium concentrations, which are not regulated by BIS, ranged from 0.198 to 2.223 mg/l, with an average of 0.833 mg/l. In eleven out of thirty-six locations, iron concentrations exceeded the BIS allowable limit of 1.0 mg/l. Among these 11 sites, 7 were connected to shallow aquifers (all through hand pumps), while 4 were affiliated with deeper aquifers (all accessed through bore wells), Iron naturally exists in the aquifer, however, concentrations in groundwater can be elevated due to the dissolution of components from ferrous boreholes and hand pumps. This refers to the gradual breakdown or disintegration of materials, specifically components from ferrous boreholes and hand pumps, which introduces additional iron into the groundwater.
The area surrounding Union Carbide India Limited (UCIL) is affected with partially manganese pollution as 8.33% of locations (3 out of 36) recorded manganese concentration more than BIS's permissible limit of 0.3 mg/l. These three locations were associated with deeper aquifers Examinations revealed that within the study are, there is no evidence of arsenic pollution, as nearly all locations recorded arsenic concentrations below the permissible guideline set by the Bureau of Indian Standards (BIS) of 0.01 mg/l The sole exception is the DW, location (Golghar Museum), where the arsenic concentration was slightly elevated at 0.012 mg/l (Tables 2 & 3). The application of the Gibbs diagram in the analysis suggested that rock weathering played a pivoter role as the 5 OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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primary source influencing groundwater chemistry. This profess, in tum contributed to the presence of saline groundwaters in the study area."
6. The result indicates as follows :-
a) The nitrate concentrations (NO3) exceeding the BIS approved limit of 45 mg/l, were found in seven out of 36 locations and it is well established environmental contaminant.
b) In some of the places the water quality showed the hardness greater than BIS permissible limit.
c) The study highlighted the concentration of 18 heavy metals.
d) In 11 out of 36 locations iron concentration exceeded the BIS allowable limit.
e) The area surrounding Union Carbide India Limited is affected with partially manganese pollution more than the permissible limit
f) At Golghar Museum location (DW3) the arsenic concentration was found slightly elevated.
7. A report was called from the State Pollution Control Board and vide report dated 16t.01.2024 the MPPCB submitted the issues and factual status as follows:-
Sr ISSUE RAISED IN THE FACTUAL STATUS REMARKS/ HINDU DATED ANNEXURE 03/12/2023 1 The Government has Matter is related to Annex 1 Bhopal Gas Tragedy recommended funds only for Relief And disposal of 337T of waste, Rehabilitation collected 18 years ago and Department, stored in shed in the factory Govt of MP. Recently Board has received letter No 3326 dated 5/12/2023 w.r.t disposal of stored waste in union carbide 6 OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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premises.
2. Mr Khan area is not a part of 1. Matter is related to Summary of the 42 areas around the Bhopal Municipal monitoring of factory where a supreme Corporation, for piped water/ court appointed monitoring supply of piped Borewell [potable committee is looking into the water] to colonies water/tube well drinking water supply after around UCIL water collected by ground water contamination premises. MPPCB from year was found 2012 to 2022
2. As per the directions Annex-2 of [page 2 to 6] Hon'ble Supreme Court of India on WP No. 657/1995 [Research Foundation for Science Vs Union of India & Ors.] 42 colonies in the vicinity of Union Carbide premises supplied with potable water by Bhopal Municipal Corporation.
3. MPPCB was also involved in monitoring of piped water as per the directions of Supreme court monitoring committee on WP 657/1995.
Summary of
monitoring of piped
water/ Borewell
water /tube well
water collected by
MPPCB from year
2012 to 2022 is
appended as
Annexure- 3.
3 Devki nagar started
getting piped water from
the Narmada about a
decade ago , but when they
run out , they draw water
from a bore well nearby.
"We still use borewell
7
OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023
titled "Battling water woes in land of tragedy"
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water for bathing, washing utensils, cleaning ,and all other purposes. The piped water comes once a day and that too only for 20 minutes. In summer, there are many days without piped water ," Mr Khan said adding that they are forced to drink water from the borewell when they run out of piped water.
With activist complaining to the supreme court of groundwater contamination spreading the MP govt has , over the last 15 years, increased the number of areas around the factory that they provide safe drinking water to, from 14 to 18 to 22 to 42, following court orders and studies. The government has also sealed hand pumps and the tube wells so that residents do not have access to contaminated water.
4 Contamination Matter is related
spreading Prof to Bhopal Gas
indumathi M Nambi , Tragedy Relief
in the civil And Rehabilitation
engineering deptt at Department, Govt
IIT Madras, was of MP.
appointed by the
supreme court to
check the water
contamination in the
area . She tested 20
samples of water
outside the factory
premises in 2018 and
told the court in
affidavit:
8
OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023
titled "Battling water woes in land of tragedy"
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"The ongoing
contamination of soil
and ground water in
Bhopal is a
technologically
challenging problem
that calls for
immediate
attention. The
problem involves
contamination by an
array of highly toxic
c h em i ca l s a nd
h ea v y metals that
over several decades
have seeped to great
depths over a wide
area She told the
."
Hindu that the
groundwater
contamination is most
likely to spread , as
long as the toxic waste
in the factory premises
is not r e m o v e d .
A f e w government
studies though, h a v e
not found any
groundwater
contamination outside
the factory.
8. It is to be noted that the Hon'ble Supreme Court of India vide order dated 03.05.2012 took the cognizance of the matter in W.P. (C) 657/1995 vide I.A. No. 2340/1995 and directed as follows:-
i. Affidavit of Bhopal Municipal Corporation for taking steps in the 40 localities for supplying drinking water by overground pipeline.
ii. The authorities to expedite the work.
iii. That entire exercise should be completed within three months from the date of the order.9
OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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9. The letter by Director Gas Relief and Rehabilitation dated 05.12.2023 reveals that process of tender, auction, engagement of contractor are going on. It is known fact that the chemical waste where it is accumulated is creating leachate and further contaminating the surface water, underground water and in the rainy seasons by flow to the other places and water of the river bodies are also being contaminated by this chemical waste.
10. The matter was taken by this Tribunal on 20.03.2024, directions and observations as noted are as follows:-
i. Accordingly, the actions are required to be taken immediately by higher authorities. It is to be noted that Hon'ble the Supreme Court of India in the above quoted case has already constituted a committee to monitor all the things and thus, we direct the committee to further process the matter so that the persons residing there should not be heavily affected by the use of contaminated water or through reaction of the chemical waste which is more than 337 metric ton laying there.
ii. In view of the technicality of the things we require the technical assistance of the following two persons :-
i. Expert nominated by Director, CPCB, Bhopal, M.P. ii. Mr. Alok Saxena, Scientist, MPPCB.
iii. In view of the above facts immediate actions are required to be taken by the authorities concerned on following points :-
i. Disposal of chemical waste which is approximately 337 metric tons and is lying in the Union Carbide Campus.10
OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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ii. Contamination of the ground water.
iii. Shortage of the piped water.
iv. Status of the nitrate (NO3) concentrations exceeding the maximum permissible limits and remedial measures required to be taken.
v. Status of chloride contamination in comparison to reports submitted in 2011 and the present study and the present status. Sodium and Potassium concentrations exceeding the WHO limits.
vi. Iron concentrations exceeding the BIS permissible limit in 7 places.
vii. The Union Carbide India Limited surrounding area is affected with partially Manganese pollution.
iv. In view of the above report, Secretary (Environment) and Member Secretary, State Pollution Control Board is directed to take further necessary actions. The Principal Secretary may call a report from competent expert body for remedial actions and to take necessary action according to rules and submit the factual and action taken report within three weeks."
11. Notices were issued to the respondent and in compliance thereof, the State PCB has submitted the point-wise reply as follows:-
i. "That the point wise reply to the issues raised in the Hindu article is tabulated as below:11
OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy" .
Sr ISSUE RAISED IN THE FACTUAL STATUS REMARKS/
HINDU DATED 03/12/2023 ANNEXURE
1 The Government has Matter is related to Annex 1
recommended funds only Bhopal Gas Tragedy
for disposal of 337 T of Relief And Rehabilitation
waste, collected 18 years Department,Govt of MP.
ago and stored in shed in Recently Board has
the factory received letter No 3326
dated 05/12/2023 w.r.t
disposal of stored waste in
union carbide premises.
2. Mr Khan area is not a part 1. Matter is related to Summary of
of the 42 areas around the Bhopal Municipal monitoring of
factory where a supreme Corporation, for supply piped water/
court appointed monitoring of piped [potable water] Borewell water
committee is looking into to colonies around / tubewell
the drinking water supply UCIL premises. watercollected
after ground water byMPPCB
contamination was found 2. As per the directions fromyear 2012
of Hon'ble Supreme to 2022 Annex-
Court of India on WP 2 [page 2 to 6]
No. 657/1995 [Research
Foundation for Science
Vs Union of India &
Ors.] 42 colonies in the
vicinity of Union
Carbide premises
supplied with potable
water by Bhopal
Municipal Corporation.
3. MPPCB was also
involved in monitoring
of piped water as per
the directions of
Supreme court
monitoring committee
on WP 657/1995.
Summary of monitoring
of piped water/
Borewell water /tube
well water collected by
MPPCB from year 2012
to 2022 is appended as
Annexure- 3.
12
OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023
titled "Battling water woes in land of tragedy" .
3 Devki nagar started getting piped water from the Narmada about a decade ago , but when they run out , they draw water from a bore well nearby. "We still use borewell water for bathing, washing utensils, cleaning ,and all other purposes. The piped water comes once a day and that too only for 20 minutes. In summer, there are many days without piped water ," Mr Khan said adding that they are forced to drink water from the borewell when they run out of piped water.
With activist complaining to the supreme court of groundwater contamination spreading the MP govt has, over the last 15 years, increased the number of areas around the factory that they provide safe drinking water to, from 14to18to 22 to 42, following court orders and studies. The government has also sealed hand pumps and the tube wells so that residents do not have access to contaminated water.
4 Contamination spreading Matter is related to
Prof indumathi M Nambi , Bhopal Gas Tragedy Annex-2
in the civil engineering Relief And
deptt at IIT Madras, was Rehabilitation
appointed by the supreme Department, Govt of
court to check the water MP.
contamination in the area .
She tested 20 samples of
water outside the factory
premises in 2018 and told
the court in affidavit:
13
OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023
titled "Battling water woes in land of tragedy"
.
"The ongoing
contamination of soil and
ground water in Bhopal is
a technologically
challenging problem that
calls for immediate
attention . The problem
involves contamination by
an array of highly toxic
chemicals and heavy
metals that over several
decades have seeped to
great depths over a wide
area ."
She told the Hindu that the
groundwater
contamination is most
likely to spread , as long as
the toxic waste in the
factory premises is not
removed. A few
government studies though,
have not found any
groundwater
contamination outside the
factory.
ii. That it is necessary to mention that the Central Ground
Water Board (CGWB) vide letter no. 176 dated
02.01.2024 has informed the Board that the chemical analysis and testing of the water in the concerned region is under process and the report shall be duly submitted.
iii. That in view of the above submissions, the answering respondent is not filing a para wise reply. However, the same shall be filed if the Hon'ble tribunal may so direct."
12. In the order passed by the Hon'ble Supreme Court of India in Writ Petition No. C-657 of 1995 titled Research Foundation for Science vs. Union of India & Ors. that steps have been taken in the 14 localities 14 OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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indicated by the applicant and the Bhopal Group for Information and Action for supply of drinking water by overground pipeline to the inhabitants.
13. Learned Counsel for the State Mr. Prashant M. Harne has submitted that the actions have been taken by the authorities concerned and Member Secretary, MPPCB, Bhopal addressed a letter to Director, Bhopal Gas Tragedy, Relief and Rehabilitation Department, Bhopal (hereinafter referred as "BGTRRD") for specific compliance of eight-point directions issued by this Hon'ble Tribunal vide Order dated 20.03.2024 regarding the disposal of 337 MT of waste in accordance with the rule of law at the earliest.
14. Thereafter, BGTRRD vide its letter dated 21.05.2024 has stated that the tender for disposal of 337 MT of chemical waste material stored in the Union Carbide premises and that the Letter of Acceptance has been issued in favor of M/s Pithampur Industrial Waste Management Pvt Ltd vide letter dated 13.07.2023, and the Agreement has also been executed on 07.10.2023. It is stated that the funds for disinfection of chemical substances have been also received by Government of India on 05.03.2024 and that the process of disposal of chemical waste at Union Carbide premises will proceed in accordance with the rule.
15. It is further stated that an amount of INR 21,37,03,453/- [Rupees- Twenty-one crores, thirty-seven lacs, three thousand and four hundred and fifty-three only] as 20% advance based on condition no 6.3 of the Tender has already been paid in favor of M/s Pithampur Industrial Waste Management Pvt Ltd, Distt Dhar for disposal of stored waste lying in UCIL premises, vide Order dated 29.05.2024.
16. It is stated that the process of remediation of contaminated area as per Government of India, Ministry of Environment, Forest and Climate 15 OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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Change, New Delhi's letter dated 19.06.2023, the Oversight Committee, regarding underground water testing in the Union Carbide areas to National Environmental Engineering Research Institute (NEERI), Nagpur and National Geophysical Research Institute (NGRI), Hyderabad and that the funds for the same has been received by BGTRRD and will be disbursed accordingly.
17. Furthermore, vide letter dated 21.05.2024 [Annexure R- 2], from Director, Bhopal Gas Tragedy, Relief and Rehabilitation Deptt, Bhopal, an amount of Rs 50.00 Cr has been provided to Bhopal Municipal corporation for the provision of drinking water in the areas around the union carbide premises. The Municipal corporation has constructed 10 water tanks in 22 settlements of the gas affected areas around the union carbide complex and provided 10,124 free tap connections Drinking water [Narmada River water) is being supplied regularly through water supply network.
18. It is stated that initially the matter was taken up as suo moto by the Hon'ble National Green Tribunal, Principal Bench, New Delhi and the same was registered as OA 732/2023. That a Special Study Report, Exploring the Heavy Metals Contamination and Basic Water Quality Parameters around Union Carbide India Limited (UCIL), Bhopal was submitted before Hon'ble National Green Tribunal, Principal Bench, New Delhi, wherein detailed ground water quality analysis was conducted in areas within a 5-kilometer radius of Union Carbide Premises.
19. At the point of disposal of chemical waste it has been reported by the Director, Bhopal Gas Tragedy, Relief and Rehabilitation, Bhopal that bid has been invited and finalized and the relevant amount has been released by the authorities.
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20. A special study report was prepared by the Departmental Expert of Central Groundwater Authority, North Central Zone, which is as follows:-
I. INTRODUCTION "In the tragic events of 1984, on the fateful night of December 2nd, a catastrophic gas leak occurred at the Union Carbide factory in Bhopal. The released gas, highly poisonous in nature, resulted in the loss of numerous human lives and livestock. Beyond the Immediate human toll, the incident had far-reaching consequences, causing substantial environmental damage and adversely affecting the quality of flora and fauna in the surrounding areas.
Quantifying the extensive losses incurred by natural resources, including air and water in the city of Bhopal, due to the release of these polsonous gases has proven to be an intricate challenge. Despite this difficulty, various governmental entities, including state and central agencies, non-governmental organizations (NGOs), and autonomous bodies, have diligently undertaken efforts to comprehensively study both the immediate and long- term effects of the gas leakage. These studies aimed to provide a basis for future planning, enabling effective measures to overcome the adverse consequences of the gas leak.
A crucial aspect of post-gas tragedy investigation focuses on the examination of water quality in and around the affected area, notably the Union Carbide factory in Bhopal. The Madhya Pradesh State Pollution Control Board, Bhopal has been actively engaged in the routine monitoring of groundwater quality across various locations in Bhopal, with special attention to areas closely adjacent to the Union Carbide facility. This monitoring Involves the collection of groundwater samples from representative hand pumps, dug wells, and tube wells.
In 2011, the Central Ground Water Board (CGWB), NCR, Bhopal, conducted a study around the Union Carbide factory area to assess groundwater quality. Samples were meticulously collected from hand pumps, tube wells, and dug wells at 12 different locations during July 2011. The study reported that the study 17 OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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area had saline groundwaters due to the inherent geogenic mineral dissolution from parental material.
A recent newspaper article dated 03.12.2023, published in "The Hindu" under the title "Battling Water Woes in the Land of Tragedy," spotlights the critical issue of groundwater contamination. The article drew attention to the substantial volume of inadequately managed toxic wastes within the UCIL premises, highlighting the potential risk of contaminants seeping into the groundwater from the poorly contained toxic waste.
Prompted by this article, the National Green Tribunal (NGT), Principal Branch, New Delhi, took Suo Motu action, recognizing the urgent need for attention and remediation of toxic waste within the UCIL premises. Subsequently, the Hon'ble Tribunal summoned the dots. Detailed geographical coordinates of these sampling points can be found.
b. Analysis of Samples: The collected samples, adhering to proper handling protocols, underwent analysis at the Regional Chemical Laboratory, CGWB, Bhopal. The analysis included basic parameters such as pH, electrical conductivity (EC), total dissolved solids (TDS), temperature (Temp. °C), carbonate (CO3), bicarbonate (HCO3), sulphate (SO4), chloride (CI), phosphate (PO4), silica (SiO2), nitrate (NO3), total hardness (TH), calcium (Ca), magnesium (Mg), sodium (Na), and potassium (K). Additionally, 18 specific heavy metals- namely, iron (Fe), zinc (Zn), manganese (Mn), cadmium (Cd), nickel (Ni), chromium (Cr), lead (Pb), aluminum (Al), boron (B), selenium (Se), silver (Ag), mercury (Hg), molybdenum (Mo), copper (Cu), Barium (Ba), Strontium (Sr), Arsenic (As) and uranium (U)-were analyzed. The determination of basic parameters followed Standard Methods (APHA, 2022) employing various volumetric methods, Flame-photometer (Systonics-128), and Spectrophotometer (Shimadzu, UV-1201). The analysis of heavy metals was conducted using ICP-MS (ThermoFisher Scientific, model icap RQ).
The WHO recommended permissible level of 1.0 mg/l at only two locations namely HPs (Mangalwara) with a maximum level of 2.33.mg/l and Goighar Museum (B*W_{11}) with a level of 1.09 mg/l. 18 OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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Increasing phosphate levels, can be attributed to human activities such as farming and the disposal of sewage.
There are no agreeable primary or secondary contaminants limits of silica for drinking water prescribed either by the Bureau of Indian Standards (BIS) or any other slimier agency like US-EPA & WHO, The results of silica analysis in the study area revealed a non-uniform distribution, ranging from 8 mg/l (DW1, Gufa Mandirto ) 74 mg/l (BW, RGPV University), with an average concentration of 32 mg/l. This variation may be attributed to factors such as the water saturation deficit of the aeration zone, seasonal fluctuations in precipitation and temperature, bedrock reactivity, and mineral stability, as described by Dobrzynski (2005).
According to the classification provided by Sawyer & McCarty (1996), nearly 99% of the water samples were categorized as hard or very hard for household use. The hardness values ranged from 193 to 827mg / l with an average of 364 mg/l; further three locations namely Bhopal Railway Junction (HP4 shallow Aquifer), Geetanjali College. (BW4) Deep Aquifer), and Badwai(HP10; shallow Aqulfer) showed the hardness greater than BIS permissible limit (600mg / l) respectively as 827,683 and 634 mg/l. Calcium content in water samples only from one location namely Bhopal Railway Junction (HP4) shallow Aquifer) marginally exceeded the BIS maximum permissible limit of 200 mg/l, with concentrations reported as 212 mg/l. Around 27.77% of the locations recorded magnesium concentrations that exceeded the BIS acceptable limit of 30mg / l although they remained below the permissible limit of 100 mg/l.
The BIS did not provide specific limits for sodium; therefore, WHO standards were applied. The analysis revealed that sodium concentrations at two locations, namely Badwal (HP10) and Bhopal Memorial Hospital (BW1s), exceeded the WHO limit of 200mgR with an average concentration of 102 mg/l.
Similarly, no numerical BIS guideline exists for potassium, so WHO standards were followed. 27.77 locations (10 out of 36) recorded potassium concentrations above the WHO limit of 10 mg/l, with 19 OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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maximum, minimum, and average values of 40, 2.2, and 9.4mg / l respectively (Tables 1 & 3).
B. Appraisal of Ground Water Quality Based on Heavy Metals The upcoming text describes the concentrations of eighteen environmentally significant heavy metals were investigated. These heavy metals Include iron (Fe), manganese (Mn), aluminum (Al), zinc (Zn), arsenic (As), silver (Ag), boron (B), molybdenum discretion of the origin of the lithology has been explained by the following assumptions (Day et al, 1998):
(1) Atmospheric precipitation dominance waters should come from rocks which contain dominantly Na+ and K+, which are less soluble and producing only small quantities of TDS with a moderate to high Na/Ca+Na ratio.
(2) Rocks dominance waters (mineral weathering processes) show high concentrations of Ca2+, Mg2+, and HCOs resulting in moderate TDS and moderate Na/Ca+Na ratio.
(3) Evaporation dominance waters show high concentrations of Na+ and Cl-ions and low concentrations Ca² and Mg2+ lons due to calcite precipitation resulting in high TDS and high Na/Ca+Na ratio.
Gibbs used two ratios in his diagrams, representing the Ratio-l for cations [(Na+K)/(Na+K+Ca)] and Ratio-Il for anions [CI/ (CI+ HCO3)] as a function of TDS which are widely employed to assess the functional sources of dissolved chemical constituents in waters elther through precipitation-dominance, rock-dominance and evaporation dominance. One of the major shortcomings with Gibbs's (1970) diagram is that no place for waters have been affected by domestic/industrial contamination or other sources of hydrochemical enrichment outside of the three sources outlined above since a lot of studies have shown the origin of the lithology away from the three major factors, namely, precipitation dominance, rock-water interaction, and evaporation- crystallization. It is probably on account of this reason that the diagram is often used together with other hydrochemical assessment diagrams 20 OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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such as Piper, Wilcox, etc. integrated with multivariate statistical analyses.
Lastly, to know the mechanisms controlling groundwater chemistry and the relationship of the chemical components of water from their respective aquifers, the chemical data about UCIL of Bhopal was plotted on Gibb's diagram (See Figures 3a & 3b). Gibbs's ratio-1 (Cation) ranged from 0.183 to 0.839 with an average of 0.513 whereas Gibbs's ratio-2 (Anions) varied from 0.144 to 0.258 with an average of 0.285 respectively.
Figures 3a and 3b Indicate that all samples are situated within the zone characterized by rock dominance indicating that rock weathering is the primary source that controls groundwater chemistry and its evolution. Parent rock weathering facilitates the process by which dissolvable salts and minerals become incorporated with groundwater. Moreover, the long residence time of rock-water interaction also aids mineral dissolution (Selvakumar et al., 2017).
Concentrations below the permissible guideline set by the Bureau of Indian Standards (BIS) of 0.01 mg/l. The sole exception is the DW3 location (Golghar Museum), where the arsenic concentration was slightly elevated at 0.012 mg/l (Tables 2 & 3). The application of the Gibbs diagram in the analysis suggested that rock weathering played a pivotal role as the primary source influencing groundwater chemistry. This process, in turn, contributed to the presence of saline groundwaters in the study area.21
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21. The summary of the water quality is as follows:- 23
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Summary of Monitoring conducted by Regional Directorate, Gol, Ministry of Jal Shakil Deptt of WR, RD&GR, CGWB, Bhopal Preamble: CGWB, Bhopal has collected about 72 samples [36 samples for basic parameters and 36 for heavy metals) from locations within 5 km radius of union carbide premises during 12 to 14 December, 2023.
The parameters analyzed were:
Physico-chemical parameters such as pH, TDS, carbonates, bicarbonates, sulphate, chlorides, phosphate, silica, nitrate, hardness, sodium and potassium.
Heavy metals such as- Fe, Zn, Mn, Cd, Ni, Cr, Pb, Al, B, Se, Ag, Hg, Mo, Cu, Ba, Sr. As and U. The results indicated that concentrations of physico-chemical parameters like nitrates, phosphates, sodium, potassium and metals like iron and manganese are exceeding the limits at some locations as prescribed in standards of BIS 10500 [2012] and WHO -1999 guidelines.
Conclusion of the study reveals that, high concentrations of nitrate may be due to utilization of fertilizers and discharge of domestic sewage, whereas, occurrence of high concentration of iron may be due to dissolution of components from ferrous bore holes and hand pumps. Occurrence of other heavy metals are due to rock weathering influencing ground water chemistry.
Comments: Scientific journals reveals that, availability of high concentrations of nitrate in ground water may be due to agricultural activities and improper sewage disposal II. One of the press release in November 2021 from Ministry of Jal Shakti, Gol that Water quality data of the country on a regional scale as part of its ground water quality monitoring program and various scientific studies indicate occurrence of contaminants such as iron, salinity and nitrate beyond the permissible limits as per BIS for human consumptions in number of states inchsding M.P(2), Elevated concentrations of nitrate in ground water may be due to on site sanitation, sewage sludge disposal and agriculture activities 24 OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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Similarly metals like iron and manganese in ground water are predominant and their occurrence are mainly due to weathering of minerals and rocks. Several trace metals occur naturally in certain rock formations and can enter in the environment from natural processes such as weathering. However, industrial activities such as mining, metallurgy, solid waste disposal etc. can lead to elevated concentrations of toxic metals including lead, cadmium and chromium. These contaminants have the potential to make their way into groundwater) References:-[1] Nitrate concentration in ground water and associated health risk assessment for indo-gangetic plain, India: Anurag Verma et.al., Ground Water For Sustainable Development, ELSEVIER, Vol 23, November 2023,100978 [2] Press release, Gol, Ministry of Jal Shakti, dated 29/11/2021 [3] Integration of ground water management into transboundary basins organizations in South Africa: Ground water hazards-a manual by AGW- Net, BGR, IWMI Monitoring of ground water in and around the Union Carbide premises by MPPCB In this context, MPPCB has also collected ground water samples from the following locations around union carbide premises on 22/04/2024 [with in 5 km radius of union carbide)
1. Ground water at JP nagar
2. Surface water solar evaporation pond
3. Ground water at atal ayub nagar
4. Ground water at New arif nagar
5. Ground water at garib nagar
6. Ground water at blue moon & nawab colony
7. Ground water at shakti nagar near new arif nagar
8. Ground water at shiv nagar
9. Ground water at kanchi chola colony
10. Ground water at DIG bunglow 25 OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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The analysis results revels that concentration of total dissolved solids, nitrate, hardness and metals like iron and manganese observed beyond the permissible limits of drinking water standards IS 10500:2012, pesticides are not detected in collected samples.26
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22. A report was called from the CPCB and it has been submitted that :-
1. The Govt. of MP had awarded the study to National Environmental Engineering Research institute in June,2010 for carrying out "Assessment and Remediation of Hazardous Waste Contaminated areas in and around the erstwhile closed industry M/s UCIL, Bhopal". The major findings of the report are given below:-
i. It was inferred that groundwater in general is not contaminated due to seepage from the UCIL dumps. However, isolated contamination in terms of pesticides and/or dichlorobenzene was observed in 5 well in the immediate vicinity of UCIL premises in the north-east and east direction.29
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The groundwater contamination of these wells was attributed to surface runoff from dumps.
ii. NEERI report indicates that, it is required to prepare a detailed project report for remediation of contaminated soil and groundwater in and around the UCIL premises.
2. Further, Central Pollution Control Board had engaged Indian Institute of Toxicology Research (hereinafter referred to as "IITR"), Lucknow in 2012 to carry out sampling & analysis of groundwater and soil at various locations as indicated in the aforesaid NEERI report so as to re-validate the observations of NEERI, Nagpur. The report of the IITR indicates that there were some deviations in analysis of groundwater samples between the laboratories of NEERI and IITR. The following points were observed with respect to groundwater within and around the UCIL premises:
i. In the groundwater samples collected within the UCIL premises, NEERI study indicates organic constituents (including pesticide compounds) as 'Not Detected'. However, IITR study reported trace levels of organic constituents in ground water, the levels were however within permissible limits.
ii. As per the IITR study, levels of isomers of Hexachlorocyclohexane (HCH) in few groundwater samples (outside the UCIL premises) found to be exceeding drinking water standards as compared to non-exceedance in case of NEERI report. However, the toxic isomer gamma-HCH was within the permissible limits. Further, as per IITR report, HCH was not detected in 5 wells inside the UCIL premises.30
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iii. Levels of Carbaryl, mercury, Nickel and all other physico-
chemical parameters were within close range in both the studies of NEERI and IITR.
iv. As per the IITR report, the levels of heavy metals in groundwater at UCIL premises were within permissible limits, however, lead was found above the drinking water standards in samples outside the UCIL premises.
v. The IITR report indicates that presence of organic compounds (including Pesticides) in groundwater outside the UCIL premises, may be attributed to both part activities of UCIL activity as well as use of pesticides in agriculture/ horticulture practices in surrounding areas.
and further submitted that action for disposal are being taken according to rules.
23. Learned counsel for the State has submitted that, the matter is being monitored by the Hon'ble High Court of Madhya Pradesh in Writ Petition no. 2802/2004 titled Alok Pratap Singh vs. Union of India & Ors., and the matter was listed today, and adjourned on 01.08.2024.
24. Learned Counsel appearing in the writ petition pending in the Hon'ble High Court is present before the Tribunal and also informed that another petition, 9874/2012 is also pending before the Hon'ble Supreme Court where a competent committee has been constituted to monitor it periodically.
25. In view of the facts, it transpires that matter is being monitored by the Hon'ble High Court, for disposal of waste and for drinking water purposes. The potable water or the Narmada water is being supplied regularly to the residents. The underground water is not provided to the residents. Accordingly, in view of the fact that the Hon'ble High Court is 31 OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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also monitoring this matter, it is not desirable to repeat same and thus proceeding of this suo moto petition is dropped here. However, we direct that the directions issued by Hon'ble Supreme Court of India, Hon'ble High Court and report submitted by the joint committee must be strictly observed and the drinkable water must be provided to the residents. With these observations Original Application No. 03/2024 stands disposed of.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 09th July, 2024 O.A No. 03/2024(CZ) PN 32 OA No. 03/2024(CZ) Suo Moto case in re : News item appearing in The Hindu dated 03.12.2023 titled "Battling water woes in land of tragedy"
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