National Green Tribunal
Sajay Laloo vs Government Of Meghalaya Through Its ... on 18 July, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 172/2016/EZ
With
(M.A 01/2017/EZ, M.A 124/2017/EZ
I.A. No. 59/2021/EZ and I.A. No. 60/2021/EZ)
(With report dated 16.07.2022)
Sajay Laloo Applicant
Versus
State of Meghalaya & Ors. Respondent(s)
Date of hearing: 18.07.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Vivek Singh, Advocate
Respondent(s): Ms. R.V. Suchiang, Chief Secretary, Meghalaya with Mr. Anirudh
Bhattacharya, Advocate for R.-1,4,6 & 9
Mr. Rajesh Upadhay, Advocate for Jowai Municipal Board
Dr. Ankit Todi, Advocate for R-2,3,5
ORDER
1. The issue for consideration is the remedial action against failure of State Authorities in preventing pollution of river Myntdu in Meghalaya by discharge of sewage/ garbage /muck. There is also failure to remove unauthorized encroachment from its flood plains and stopping illegal sand and stone mining activities in and around the river.
12. The matter has been considered in the last six years and directions issued from time to time to prevent and remedy pollution in the form of discharge of untreated sewage as well as trade effluents. However, it has been found that the State Authorities have failed to perform their constitutional and statutory obligation, even after acknowledging that pollution was taking place.
3. The matter was last considered on 17.3.2022. It was found that there is continuing non-compliance of directions in the judgment of the Hon'ble Supreme Court in Paryavaran Suraksha Samiti & Anr. vs. Union of India &Ors.1 requiring setting up of necessary pollution control equipment by 31.03.2018 and initiating prosecution for delay beyond the said date. The Tribunal also referred to earlier orders fixing the scale of compensation for delay in taking steps for preventing pollution. The Tribunal directed the Chief Secretary, Meghalaya to hold meeting with the concerned departments and prepare remedial action plan. Compensation was directed to be kept in a separate account for restoration of environment.
Extracts from the said order are reproduced below:
"3. The application was filed on 30.11.2016. It first came up for hearing before the Eastern Zone Bench on 21.12.2016 when notice was issued to the respondents - the authorities of State of Meghalaya i.e. State PCB, Forest Department, Tourism Department, Jowai Municipal Board and also CPCB. Some of the respondents have filed their respective affidavits. The State PCB acknowledges that there is organic pollution due to discharge of untreated sewage and trade effluents but the affidavit does not indicate any action taken. The Forest Department has submitted that open mines are located within a span of less than 200 meters from the river but direction has been issued to ensure ban on mining. CPCB has stated that the authorities in State have to take remedial action as follows:
"a. Untreated wastewater should not be discharged into river system.
b. Sewage collection should be done through a proper conveyance system so that the entire sewage is collected and treated.1
(2017) 5 SCC 236 2 c. Sewage Treatment plan shall be equipped with D.G. set which can be used in case of power failure, to ensure that the treatment is not interrupted.
d. Suitable treatment shall be given so that treated effluent meets the prescribed standard as notified in General Standards for Discharge of Environmental Pollutants into inland surface, public sewers, land for irrigation, marine coastal areas under Schedule-VI of The Environment (Protection) Rules, 1986.
e. Bio - medical rules should be implemented for prevention of discharge of hospital related waste into the river system.
f. To prevent illegal encroachment all stakeholder agencies, make mechanism.
g. Guidelines issued on idol immersion must be implemented by SPCBs and local authorities. h. Mass awareness programme should be organized to make the masses aware on maintaining the quality of the river water."
4. The Jowai Municipal Board has stated that it has practically no source of income to remedy the situation. Its garbage dumping ground has already reached saturation point. Waste management treatment plant to be funded by the Central Government is to be set up for which DPR was prepared. Similarly, CETP is to be set up. The Board has issued order under Section 144 Cr.P.C, prohibiting dumping of waste in the river. Directions have also been issued to stop car washing. The autonomous District Council has also been asked to take measures to protect the river.
5. The State of Meghalaya in its reply has acknowledged that waste is being dumped into the river and illegal mining is being conducted. The urban planning is poor and hygienic conditions are not ensured. There are rampant unauthorized constructions. Industries have been set up close to the river bed as there is no policy of the State on the subject. No treatment plants to check pollution have been set up, as directed by the Hon'ble Supreme Court in Paryavaran Suraksha Samiti & Anr. vs. Union of India &Ors.2The autonomous District Council, which is the competent authority, has been asked to take further measures. By affidavit filed on 16.08.2021, State has mentioned constitution of RRC and preparation of action plan for remedying the pollution of the river as per orders of this Tribunal in OA No. 673/2018. According to later affidavit of State PCB, quality of river water is satisfactory.
6. The matter has been taken up on several occasions and continued violations of law have been recorded inter-alia in orders dated 27.02.2017, 10.04.2017, 04.09.2017, 26.10.2017, 27.11.2017, 19.01.2018, 07.07.2021, 17.08.2021, 24.09.2021, 24.11.2021 and finally on 19.01.2022. Noticing the violations, the Tribunal directed remedial measures. Some of the specific directions may be referred to.
2(2017) 5 SCC 236 3
7. Vide order dated 24.11.2021, the Tribunal noted that as per earlier orders of this Tribunal, referred to in the said order, the Municipal Board was required to pay compensation of Rs. 10 lac per month for not setting up of STP and Rs. 5 lac per month for not taking interim remedial measures with effect from 01.04.2020, apart from stopping the pollution. The compensation amount was to be credited to a separate account with the Environment Department for restoration of the environment. The Tribunal also noted that other steps for setting up requisite STPs and waste management systems were required to be taken to enforce the right of citizens to clean environment under the Constitution. The Tribunal directed the State to ensure that there is no unscientific dumping of garbage into the river. District Magistrate was directed to visit the site and ensure that no muck dumping is done by the contractors of PWD.
8. In the last order dated 19.01.2022, the Tribunal noted the affidavit of Jowai Municipal Board and issued directions to the Deputy Commissioner, West Jaintia Hills, Principal Secretary, Urban Affairs Department, Govt. of Meghalaya to take remedial measures. CEO Jowai Municipal Board was directed to remain present in person.
9. In above background, we have heard learned Counsel for the appearing parties and duly considered the matter for further orders.
10. According to learned Counsel for the applicant, there is not much improvement in the ground situation. Pollution of the river is still taking place by dumping of waste and muck during road construction. Illegal mining and encroachments are also continuing.
11. There is no satisfactory rebuttal of the above stand. Thus, the situation is far from satisfactory. There can be no two views about need for protection of the river by preventing dumping of waste, muck, mined material, and untreated sewage in violation of Water Act, 1974 and binding orders of Hon'ble Supreme Court inter alia in Paryavaran Suraksha, supra and orders of this Tribunal inter alia in OA 597/2017 and OA 673/2018. Sewage has to be treated and the treated water to be utilized for suitable non-drinking purposes. Waste has to be properly remediated. Mining being hazardous has to be with due safeguards and due permissions. Encroachments are to be removed. Failure to do so is breach of public trust doctrine obligating the State authorities to protect environment and public health. Failure of such duties affects water quality and contaminated water may be consumed by living beings and also used for irrigation, affecting food safety. Continued failure requires a coordinated approach, which is not visible from the stand of different authorities in the present case. There is nothing to show any coordination meetings at the level of Chief Secretary in terms of directions of this Tribunal in OA No. 606/2018.Leisurely process of DPR etc. is said to be pending without any accountability and 4 adverse action against erring irresponsible officers, even though the deadline of 31.03.2018 fixed by the Hon'ble Supreme Court in Paryavaran Suraksha (supra) has long gone by. Similarly, all statutory timelines for solid waste management have long expired. To uphold rule of law and right to clean environment and public health, accountability for failure has to be fixed, particularly when the proceedings have been pending before this Tribunal for more than five years and several directions have been issued by the Tribunal in the last five years, yet there is continued violation of law.
12. The results of water sample analysis filed by the CPCB and the State PCB indicate that the tributaries of Myntdu river are highly polluted in terms of BOD and Fecal Coliform and Total Coliform. However, there is no clear gap analysis on sewage and solid waste management nor a clear road map to control discharge of effluents, including acidic effluents, regulation of mining activities and removal of encroachment in the catchment and flood plain zone of the river. Estimated sewage generation in Jowai is reported to be 3.0 MLD with zero treatment. Merely acquiring more land for dumping of solid waste is no solution. Instead, emphasis has to be on processing the same, rejects being managed with zero or minimal landfilling. There is no mention about legacy waste and its remediation which cannot be wished away.
13. Accordingly, we direct the Chief Secretary, Meghalaya to forthwith hold a meeting with all concerned departments, including Urban Affairs Department, Environment Department, Mining Department, District Magistrate and Jowai Municipal Board. Interaction may also be held with the statutory regulators - State PCB, SEIAA and Regional Officer of CPCB to take stock of the situation and to prepare remedial action plan. Compensation directed to be paid may be credited to a separate account and utilized as per action plan. Coercive action be taken against erring officers in terms of judgement of the Hon'ble Supreme Court and orders of this Tribunal.
14. Though this Tribunal, vide order dated 19.01.2022 had directed the CEO, Jowai Municipal Board to remain present in person but today neither he is present nor any explanation has been given by him explaining his absence. We, therefore, require the CEO, Jowai Municipal Board to furnish his explanation through the Chief Secretary, Meghalaya, for such default.
15. We expect a tangible action on the ground within next three months considering that reasonable timelines are already over with integration of all aspects, including the budgetary support. The process may be monitored at the level of the Chief Secretary and a report of status of compliance as on 30.06.2022 be filed before the Registrar, Eastern Zone Bench of NGT at Kolkata by 15.07.2022 by e-mail. The matter will now be listed for further hearing on 18.07.2022 when Chief Secretary, Meghalaya along with other concerned officers, including CEO, Jowai Municipal Board may remain 5 present before the Tribunal, by video conferencing for further interaction."
4. We have accordingly taken up the matter for further consideration in above background. The Secretary, Forest and Environment, Meghalaya has filed a report on 16.07.2022 mentioning the meetings held, directions issued and plan prepared. The relevant extract from the said report is as follows:
"14. I therefore state that in terms of the Resolutions adopted on March 22, 2022 in the meeting chaired by the Chief Secretary as on date of affirmation of this affidavit the following on ground measures have been taken:
S. No. Issue Present Status
1 Bioremediation Plant Bio-Remediation
and FSSM Plant
For all 11 drains work orders have been issued and work has already started on 3 drains for in situ bio remediation.
Work is being closely
monitored to ensure completion on or
before October, 2023.
FSSM Plant
Work orders for setting up of 50 KLD
Septage plant has been issued and will be completed before May, 2023 and 25% of the work has been completed.
Cesspool Vehicle As part of the FSSM project a Jowai town Cesspool Vehicle has been sent for approval the National River Conservation Directorate, Ministry of Jal Shakti and the DPR is under preparation. The aforesaid is expected to be completed within 2 months s directed in the last meeting.
2 Establishment of 1) A Solid Waste Processing and Composting Plant Disposal Plant of 10 TPD at the and Waste Recovery estimated cost of Rs. 3.37 crore 1 Centre and setting up being established. The Plant wil scientific waste serve both Jowai and Khliehriat processing facility towns. The aforesaid is expected to be completed within one year.
6
2) A Waste Recovery Centre proposed
at Sabah Muswang and Kiang
Nangbah College is awaiting
sanctions under the 15th Finance
Commission Grants.
3) Environmental Clearances for land identified for permanent scientific waste processing facility has been applied for. A consultant for preparation of EIA and EMP has been engaged.
3. Remedial Action Plan Already provided as appended hereinabove.
4 Compensation Payment of Rs. 2.5 Crores has been
payment in terms of made.
the order
5 Check on dumping of 1) Has been stopped as per action
solid waste, waste taken reports furnished by DC West
and muck during Jaintia Hills and frequent weekly
road construction inspections are being conducted to
keep a check on the same.
2) Further PWD has also been directed
to ensure that no construction
waste/debris are being dumped in
Myntdu river.
6 Encroachments in Show Causes Notices to encroachers
catchment and flood have been issued. All encroachers are to plain zone and their be removed in accordance with law.
removal 7 Issuance of Prohibitory orders under Section 144 necessary prohibitory CrPC issued and various signboards order for prevention posted. Frequent weekly inspections of dumping and solid being conducted to keep check on the waste same.
8 Water Quality MSPCB has been instructed to provide Checks the source of pollution/contamination of the tributaries and corrective action in this regard.
9 River Front A DPR is being prepared for the Development aforesaid with the objective to beautify stretches of Myntdu River where land is available with provision of embankments, landscape, street furniture and lighting etc. Detailed plan including river front development to be completed withing 2 months. It is expected to be completed within 8-12 months.
10 IEC Activities IEC Activities will be conducted under SBM 2.0. Action Plan is currently being formulated and will be submitted to the Ministry for approval and sanction.
It is expected to be completed within 6 months.
711 Prevention of mining Has been stopped and to prevent illegal of minor minerals mining along Myntdu river, the Chief along banks and Forest Officer, Jaintia Hills Autonomous catchment area of District Council, Jowai the river has deputed staff for weekly patrolling duty along the river. Intensive patrolling is being conducted and flexes and signboards indicating penalties were also erected by DFO Janitia Hills Division.
12 Non-compliances CEO, Jowai Municipal Board has made by CEO, Jowai provided the explanation.
Municipal Board in
respect of the orders "
of this Hon'ble
Tribunal
5. From the above, it is seen that violations are continuing. Only work orders have been issued and work is said to have been started.
Compensation of Rs. 2.5 crores has been kept in separate account. Show cause notices have been issued. Encroachments have yet to be removed.
IEC activities have yet to be started. Waste processing plant is yet to be commissioned and is linked to uncertain contingency of sanction from the Finance Commission which may or may not happen. Water of the tributaries of the river is highly polluted as shown from the affidavit dated 15.07.2022 filed by the State PCB, annexing the water quality report as follows:
" Date of Locations Primary water Remarks Monitoring quality Finding criteria for bathing as per MoEF Notification, 25th Sept.2000 2 3
Main Myntdu River:8
Location: 1 The
pH:6.5-8.5 parameters
Pynthornein Myntdu pH DO BOD FC FS
DO:> 5mg/I river conform to the
Location: 2 Criteria for
BOD:< 1 6.9 7.6 1.2 94 33
Chahtngait 3.0mg/I 2 6.8 7.7 1.3 110 48 bathing
Location: 3 FC:< 2500 3 6.9 7.4 1.2 230 70 at all the
Treiongriang MPN/100m1 4 6.8 7.2 1.4 84 49 monitored
Location:4 FS-<500 5 6.8 6.8 1.9 110 58
MPN/100m1 6 7.1 7.4 1.7 220 94 locations of the
Urkhla 7 6.8 7.6 1.5 140 63 main Myntdu
Location:5 DO -Dissolved
river
Moochuriaw Oxygen
Location:6
BOD-Biochemical
Ar-chaka Oxygen demand
Location:7
Deinyarngam FC-Fecal Coliform
FS-Fecal
26th March Streptococci
2022
Tributary of Myntdu River:
Location: 1 Tributa- pH DO BOD FC FS 1. The ries parameters Riatsiatsim 1 6.6 5.6 3.0 1300 280 conform to Location: 2 2 6.7 4.2 8.5 6300 2100 the Criteria Rampyrthal 3 6.8 0.8 27.0 8400 7900 for bathing at Location: 3 4 6.9 7.0 1.1 79 24 Myntwa and Liar- 5 6.9 7.8 1.3 63 21 Soomer & Niawmer.
Urkyrdein
pH:6.5-8.5
Location:4 DO:> 5mgii 2. BOD did not
Myn'twa BOD :< 3.0 conform to the
Location:5 mg/1 criteria at
FC:< 2500 Rampyrthai,
Soomer & Liar-
MPN/100m1
Niawmer urkyrdein.
FS-<500
MPN/100m1
3. FC did not
BOD-Biochemical conform to the
Oxygen demand criteria at
Rampyrthai
FC-Fecal Coliform and Liar-
urkyrdein
FS-Fecal
Streptococci Conclusion:
Comparing the
current data
with that
obtained
during March
2022, it was
observed that
there is
considerably
reduction in
the "
concentration
of pollutants.
6. The above show that the tributaries of Myntdu are showing deteriorating signs. BOD is as high as 27 mg/l and FC and FS depicting 8400 and 7900 MPN/100ml respectively. The tributaries are joining the river Myntdu but the action plan does not plan preventing or remedying pollution of the Tributaries.
7. Crime of pollution is a crime against humanity. Access to potable water and fresh air are basic right of the citizens which cannot be denied by the State. Even after six years of pendency of proceedings before this 9 Tribunal and several orders passed, the situation continues to be far from satisfactory. The Water (Prevention and Control of Pollution) Act, 1974 was enacted 48 years back, making pollution a serious punishable offence.
Even under the provisions of the IPC enacted in 1860, water pollution is a cognizable offence. The State as a trustee for protecting peoples' rights cannot afford to take such criminal activities lightly, as is being taken.
8. We have interacted with the Chief Secretary, Meghalaya present in person by VC, who has promised to take further remedial action in the light of discussion and filing further action taken report. Let it be done before the next date.
List for further consideration on 12.09.2022.
The Chief Secretary, Meghalaya may remain present in person with further action taken report by VC.
We find certain MAs/IAs have remained pending though in the light of orders already passed, only formal orders remain to be passed thereon.
MA 01/2017(EZ) sought interim direction to stop washing of cars, discharge of effluent, banning of stone and sand mining on the bank of the river and stopping of constructions. In view of orders passed from time to time, no further order is necessary on the said MA at this stage, which will stand disposed of. MA No. 124/2017(EZ) is for initiating action against the authorities for not complying with the directions of this Tribunal. No further action is necessary on the said application also in view of orders already passed. The same will stand disposed of. IA No. 59/2021(EZ) is for intervention by a social activist to support the application. Since the Tribunal has already passed orders from time to time and none appears for the said intervener, no further order is necessary. The IA will stand 10 disposed of. IA No. 60/2021(EZ) is by the same intervener for direction to the contractor to provide a dumping site for the earth and waste generated during road construction and also to obtain EC for earth and soil cutting, taking action for reclamation of the river and de-silting of the river. Since the Tribunal has already directed the Chief Secretary, Meghalaya to look into the remedial action, the said IA will also stand disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM B. Amit Sthalekar, JM Saibal Dasgupta, EM Prof. A. Senthil Vel, EM July 18, 2022 Original Application No. 172/2016/EZ With (M.A 01/2017/EZ, M.A 124/2017/EZ I.A. No. 59/2021/EZ and I.A. No. 60/2021/EZ) DV 11