National Green Tribunal
Bhanwar Lal Bhargava vs State Of Rajasthan on 5 May, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 972/2019
Bhanwar Lal Bhargava Applicant
Versus
State of Rajasthan Respondent
Date of hearing: 05.05.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Respondent(s): Ms. Usha Sharma, Chief Secretary along with Dr. Manish Singhvi,
Senior Advocate with Mr. D.K. Devesh, Advocate for the State of
Rajasthan
Mr. Nishant Awana, Advocate for RSPCB
ORDER
1. Issue initially taken for consideration was remedial action against discharge of untreated sewage and industrial effluents on the agriculture lands at village Nokha, District Bikaner, Rajasthan. By later order, noticing large scale violations, the Tribunal issued directions for similar remedial action at other places in the State of Rajasthan.
2. The matter has been dealt with by this Tribunal by several orders in the last three years and each time it has been filed that the State was not showing any concern about the seriousness on the issue of preventing water pollution, adversely affecting the health of the citizens and affecting the limited sources of potable water. The Tribunal also directed taking of 1 coercive measures in view of disappointing attitude of the State and its authorities, including direction to pay a sum of ₹50 lakhs towards interim compensation for restoration of water quality and also requiring the presence of the senior officers by video conferencing for interaction.
3. The matter was last considered on 06.01.2022 wherein the Tribunal referred to the earlier orders of the Hon'ble Supreme Court and this Tribunal, including the judgment of the Hon'ble Supreme Court dated 22.02.2017 in Paryavaran Suraksha Samiti v. Union of India1.
Relevant extract from the said judgement are:
"7. Having effectuated the directions recorded in the foregoing paragraphs, the next step would be, to set up common effluent treatment plants. We are informed, that for the aforesaid purpose, the financial contribution of the Central Government is to the extent of 50%, that of the State Government concerned (including the Union Territory concerned) is 25%. The balance 25%, is to be arranged by way of loans from banks. The above loans, are to be repaid, by the industrial areas, and/or industrial clusters. We are also informed that the setting up of a common effluent treatment plant, would ordinarily take approximately two years (in cases where the process has yet to be commenced). The reason for the above prolonged period, for setting up "common effluent treatment plants", according to the learned counsel, is not only financial, but also, the requirement of land acquisition, for the same.
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10. Given the responsibility vested in municipalities under Article 243-W of the Constitution, as also, in Item 6 of Schedule XII, wherein the aforesaid obligation, pointedly extends to "public health, sanitation conservancy and solid waste management", we are of the view that the onus to operate the existing common effluent treatment plants, rests on municipalities (and/or local bodies). Given the aforesaid responsibility, the municipalities (and/or local bodies) concerned, cannot be permitted to shy away from discharging this onerous duty. In case there are further financial constraints, the remedy lies in Articles 243-X and 243-Y of the Constitution. It will be open to the municipalities (and/or local bodies) concerned, to evolve norms to recover funds, for the purpose of generating finances to install and run all the "common effluent treatment plants", within the purview of the provisions referred to hereinabove. Needless to mention that such norms as may be evolved for generating financial 1 (2017) 5 SCC 326 2 resources, may include all or any of the commercial, industrial and domestic beneficiaries, of the facility. The process of evolving the above norms, shall be supervised by the State Government (Union Territory) concerned, through the Secretaries, Urban Development and Local Bodies, respectively (depending on the location of the respective common effluent treatment plant). The norms for generating funds for setting up and/or operating the "common effluent treatment plant" shall be finalised, on or before 31-3-2017, so as to be implemented with effect from the next financial year. In case, such norms are not in place, before the commencement of the next financial year, the State Governments (or the Union Territories) concerned, shall cater to the financial requirements, of running the "common effluent treatment plants", which are presently dysfunctional, from their own financial resources.
11. Just in the manner suggested hereinabove, for the purpose of setting up of "common effluent treatment plants", the State Governments concerned (including, the Union Territories concerned) will prioritise such cities, towns and villages, which discharge industrial pollutants and sewer, directly into rivers and water bodies.
12. We are of the view that in the manner suggested above, the malady of sewer treatment, should also be dealt with simultaneously. We, therefore, hereby direct that "sewage treatment plants" shall also be set up and made functional, within the timelines and the format, expressed hereinabove.
13. We are of the view that mere directions are inconsequential, unless a rigid implementation mechanism is laid down. We, therefore, hereby provide that the directions pertaining to continuation of industrial activity only when there is in place a functional "primary effluent treatment plants", and the setting up of functional "common effluent treatment plants" within the timelines, expressed above, shall be of the Member Secretaries of the Pollution Control Boards concerned. The Secretary of the Department of Environment, of the State Government concerned (and the Union Territory concerned), shall be answerable in case of default. The Secretaries to the Government concerned shall be responsible for monitoring the progress and issuing necessary directions to the Pollution Control Board concerned, as may be required, for the implementation of the above directions. They shall be also responsible for collecting and maintaining records of data, in respect of the directions contained in this order. The said data shall be furnished to the Central Ground Water Authority, which shall evaluate the data and shall furnish the same to the Bench of the jurisdictional National Green Tribunal.
14. To supervise complaints of non-implementation of the instant directions, the Benches concerned of the National Green Tribunal, will maintain running and numbered case files, by dividing the jurisdictional area into units. The abovementioned case files will be listed periodically. The Pollution Control Board concerned is also hereby directed to initiate such civil or criminal action, as may be permissible in law, against all or any of the defaulters.3
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16. It however needs to be clarified, that the instant directions and time lines, shall not in any way dilute any time lines and directions issued by Courts or Benches of the National Green Tribunal, hitherto before, wherein the postulated time lines would expire before the ones expressed through the directions recorded above. It is clarified, that the time lines, expressed hereinabove will be relevant, only in situations where there are no prevalent time line(s), and also, where a longer period, has been provided for."
(emphasis supplied)
4. Reference may also be made to some other extracts from earlier orders:
6. As earlier mentioned, contamination of water sources is a punishable offence under the Water (Prevention and Control of Pollution) Act, 1974 for the last 47 years. Under Section 25 of the Act, untreated discharge of sewage in any drain is prohibited and is criminal offence under Sections 42(2) and 44. Section 48 of the Act makes the Head of the Department liable for being punished for such offence. As per directions of the Hon'ble Supreme Court in Paryavaran Suraksha case,2 an outer limit of 31.03.2018 is fixed for completing the work of all STPs in the Country. The Court laid down the sources of budget and issued direction to initiate prosecution for continued failure with direction to the Tribunal to take steps for enforcement of the said direction. Accordingly, the Tribunal has passed several orders, including the order for recovery of compensation and entries in ACRs, after calling the Chief Secretaries of all States before the Tribunal in person.
7. We have already reproduced the order of the Hon'ble Supreme Court in earlier order quoted above. We may also refer to some orders on the subject passed earlier by the Tribunal:
"Extracts from orders of this Tribunal in OA 593/2017: Order dated 21.05.2020
26. Summary of directions:
i. All States/UTs through their concerned departments such as Urban/Rural Development, Irrigation & Public Health, Local Bodies, Environment, etc. may ensure formulation and execution of plans for sewage treatment and utilization of treated sewage effluent with respect to each city, town and village, adhering to the timeline as directed by Hon'ble Supreme Court. STPs must meet the prescribed standards, including faecal coliform.
2 (2017) 5 SCC 326 4 CPCB may further continue efforts on compilation of River Basin-wise data. Action plans be firmed up with Budgets/Financial tie up. Such plans be overseen by Chief Secretary and forwarded to CPCB before 30.6.2020. CPCB may consolidate all action plans and file a report accordingly.
Ministry of Jal Shakti and Ministry of Housing and Urban Affairs may facilitate States/UTs for ensuring that water quality of rivers, lakes, water bodies and ground water is maintained.
As observed in para 13 above, 100% treatment of sewage/effluent must be ensured and strict coercive action taken for any violation to enforce rule of law. Any party is free to move the Hon'ble Supreme Court for continued violation of its order after the deadline of 31.3.2018. This order is without prejudice to the said remedy as direction of the Hon'ble Supreme Court cannot be diluted or relaxed by this Tribunal in the course of execution. PCBs/PCCs are free to realise compensation for violations but from 1.7.2020, such compensation must be realised as per direction of this Tribunal failing which the erring State PCBs/PCCs will be accountable."
Order dated 21.09.2020 "11. The Tribunal has already issued directions vide orders dated 28.08.2019 and 21.05.2020 for ensuring that no untreated sewage/effluent is discharged into any water body and for any violation compensation is to be assessed and recovered by the CPCB so that the same can be utilized for restoration of the environment, complying with the principle of 'Polluter Pays' which has been held to be part of 'Sustainable Development' and part of right to life. Control of such pollution is crucial for environment, aquatic life, food safety and also human health. .."
From OA 673/2018Order dated 6.12.19:
6. The Hon'ble Supreme Court noticed the level of degradation of rivers in India and apathy of the authorities as follows:
"58. Rivers in India are drying up, groundwater is being rapidly depleted, and canals are polluted. Yamuna in Delhi looks like a black drain. Several perennial rivers like Ganga and Brahmaputra are rapidly becoming seasonal. Rivers are dying or declining, and aquifers are getting over pumped. Industries, hotels, etc. are pumping out groundwater at an alarming rate, causing sharp 5 decline in the groundwater levels. Farmers are having a hard time finding groundwater for their crops e.g. in Punjab. In many places there are serpentine queues of exhausted housewives waiting for hours to fill their buckets of water. In this connection John Briscoe has authored a detailed World Bank Report, in which he has mentioned that despite this alarming situation there is widespread complacency on the part of the authorities in India.3 "4. We see Yamuna river virtually turned into a sullage. We take judicial notice of this situation. Similar is the position with Ganges. As it proceeds, industrial effluents are being poured in rivers. Sewage is also being directly put in rivers contributing to the river water pollution. We direct the Pollution Control Boards of the various States as well as the Central Pollution Control Board and various Governments to place before us the data and material with respect to various rivers in the concerned States, and what steps they are taking to curb the pollution in such rivers and to management as to industrial effluents, sewage, garbage, waste and air pollution, including the water management. We club the ending case of water management with this matter.4 xxx.........................................xxx..........................xxx
11. In spite of above, in flagrant violation of law of the land, polluted water in the form of sewage, industrial effluents or otherwise has continued to be discharged in the water bodies including the rivers or the canals meeting the rivers. Violation of law is not only by private citizens but also statutory bodies including the local bodies and also failure of the regulatory authorities in taking adequate steps. There is no corresponding coercive action posing danger to rule of law when large scale violation of law is not being remedied. This leads to lawlessness.
12. It will be appropriate to note the crisis situation in the country on the subject of availability of potable water. The matter has been considered in the report of Niti Aayog on Composite Water Management Index (CWMI).5 Following further information also needs to be noted:
(i) India is suffering from the worst water crisis in its history and millions of lives and livelihoods are under threat.
Currently, 600 million Indians face high to extreme water stress and about two lakh people die every year due to 3 State of Orissa v. Govt. of India, (2009) 5 SCC 492 4 M.C. Mehta Vs Union of India- W.P. (Civil) No. 13029/1985 dated 25.11.2019 5 Niti Ayog on "Composite Water Management Index", June 2018, https://niti.gov.in/writereaddata/files/document_publication/2018-05-18-Water-Index- Report_vS8-compressed.pdf.
6inadequate access to safe water6. The crisis is only going to get worse. By 2030, the country's water demand is projected to be twice the available supply, implying severe water scarcity for hundreds of millions of people and an eventual ~6% loss in the country's GDP7. As per the report of National Commission for Integrated Water Resource Development of MoWR, the water requirement by2050 in high use scenario is likely to be a milder 1,180 BCM, whereas the present-day availability is 695BCM. The total availability of water possible in country is still lower than this projected demand, at 1,137BCM. Thus, there is an imminent need to deepen our understanding of our water resources and usage and put in place interventions that make our water use efficient and sustainable.
(ii) India is undergoing the worst water crisis in its history.
Already, more than 600 million people8 are facing acute water shortages. Critical groundwater resources - which account for 40% of our water supply - are being depleted at unsustainable rates.9
(iii) Most states have achieved less than 50% of the total score in the augmentation of groundwater resources, highlighting the growing national crisis--54% of India's groundwater wells are declining, and 21 major cities are expected to run out of groundwater as soon as 2020, affecting ~100 million people10.
(iv) With nearly 70% of water being contaminated, India is placed at 120th amongst 122 countries in the water quality index.
13. As per statistics mentioned before the Lok Sabha on April 6, 2018, waterborne diseases such as cholera, acute diarrhea diseases, typhoid and viral hepatitis continue to be prevalent in India and have caused 10,738 deaths, over the last five years since 2017. Of this, acute diarrhoeal diseases caused maximum deaths followed by viral hepatitis, typhoid and cholera.11
14. As per 'National Health Profile' published by Central Bureau of Health Investigation, Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, a total of 1535 Deaths due to Acute Diarrhoeal Diseases was reported during the year 2013.12 Main Causes of Pollution of Rivers
15. As already noted, well known causes of pollution of rivers are dumping of untreated sewage and industrial waste, garbage, plastic waste, e-waste, bio-medical waste, municipal 6Source: WRI Aqueduct; WHO Global Health Observatory 7Source: McKinsey & WRG, 'Charting our water future', 2009; World Bank; Times of India 8 Source: World Resource Institute 9 Source: World Resource Institute 10 Source: UN Water, 'Managing water under uncertainty and risk', 2010; World Bank (Hindustan Times, The Hindu).
11 https://www.indiaspend.com/diarrhoea-took-more-lives-than-any-other-water-borne-
disease-in-india-58143/ 12 http://pib.nic.in/newsite/PrintRelease.aspx?relid=106612 7 solid waste, diversion of river waters for various purposes affecting e-flow, encroachment of catchment areas and floodplains, over drawl of groundwater, river bank erosion on account of illegal sand mining. Inspite of directions to install Effluent Treatment Plants (ETPs), Common Effluent Treatment Plants (CETPs), Sewage Treatment Plants (STPs), and adopting other anti-pollution measures, satisfactory situation has not been achieved. As per CPCB's report 201613, it has been estimated that 61,948 million liters per day (mld) sewage is generated from the urban areas of which treatment capacity of 23,277 mld is currently existent in India. Thereby the deficit in capacity of waste treatment is of 62%. There is no data available with regard to generation of sewage in the rural areas.
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33. We may note the observations of the Hon'ble Supreme Court:
"26. Enactment of a law, but tolerating its infringement, is worse than not enacting a law at all. The continued infringement of law, over a period of time, is made possible by adoption of such means which are best known to the violators of law. Continued tolerance of such violations of law not only renders legal provisions nugatory but such tolerance by the enforcement authorities encourages lawlessness and adoption of means which cannot, or ought not to, be tolerated in any civilized society. Law should not only be meant for the law-abiding but is meant to be obeyed by all for whom it has been enacted. A law is usually enacted because the legislature feels that it is necessary. It is with a view to protect and preserve the environment and save it for the future generations and to ensure good quality of life that Parliament enacted the anti-pollution laws, namely, the Water Act, Air Act and the Environment (Protection) Act, 1986. These Acts and Rules framed and notification issued thereunder contain provisions which prohibit and/or regulate certain activities with a view to protect and preserve the environment. When a law is enacted containing some provisions which prohibit certain types of activities, then, it is of utmost importance that such legal provisions are effectively enforced. If a law is enacted but is not being voluntarily obeyed, then, it has to be enforced. Otherwise, infringement of law, which is actively or passively condoned for personal gain, will be encouraged which will in turn lead to a lawless society. Violation of anti-pollution laws not only adversely affects the existing quality of life but the non- enforcement of the legal provisions often results in ecological imbalance and degradation of environment, 13http://www.sulabhenvis.nic.in/Database/STST_wastewater_2090.aspx July 16, updated on December 6, 2016 8 the adverse effect of which will have to be borne by the future generations.14 xxx.....................xxx.................................xxx "61. ..... If the laws are not enforced and the orders of the courts to enforce and implement the laws are ignored, the result can only be total lawlessness. It is, therefore, necessary to also identify and take appropriate action against officers responsible for this state of affairs. Such blatant misuse of properties at large-scale cannot take place without connivance of the officers concerned. It is also a source of corruption. Therefore, action is also necessary to check corruption, nepotism and total apathy towards the rights of the citizens."15 xxx.........................................xxx..........................xxx
35. Vide order dated 22.08.2019 in Original Application 200/2014, dealing with the pollution of river Ganga, the Tribunal issued directions and laid down coercive measures to be taken for discharge of untreated sewage in river Ganga:-
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17. Wherever the work has not commenced, it is necessary that no untreated sewage is discharged into the River Ganga. Bioremediation and/or phytoremediation or any other remediation measures may start as an interim measure positively from 01.11.2019, failing which the State may be liable to pay compensation of Rs. 5 Lakhs per month per drain to be deposited with the CPCB. This however, is not to be taken as an excuse to delay the installation of STPs. For delay of the work, the Chief Secretary must identify the officers responsible and assign specific responsibilities. Wherever there are violations, adverse entries in the ACRs must be made in respect of such identified officers. For delay in setting up of STPs and sewerage network beyond prescribed timelines, State may be liable to pay Rs. 10 Lakhs per month per STP and its network. It will be open to the State to recover the said amount from the erring officers/contractors.
36. Vide order dated 28.08.2019, the Tribunal held:-
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17. As already noted, prevention of pollution of water is directly linked to access to potable water as well as 14 INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION Vs. UNION OF INDIA AND OTHERS (1996) 5 SCC 281 15 M.C. Mehta v. Union of India, (2006) 3 SCC 399 - Public functionaries 9 food safety. Restoration of pristine glory of rivers is also of cultural and ecological significance. This necessitates effective steps to ensure that no pollution is discharged in water bodies. Doing so is a criminal offence under the Water Act and is harmful to the environment and public health. 'Precautionary' principle of environmental law is to be enforced. Thus, the mandate of law is that there must be 100% treatment of sewage as well as trade effluents. This Tribunal has already directed in the case of river Ganga that timelines laid down therein be adhered to for setting up of STPs and till then, interim measures be taken for treatment of sewage. There is no reason why this direction be not followed, so as to control pollution of all the river stretches in the country. The issue of ETPs/CETPs is being dealt with by an appropriate action against polluting industries. Setting up of STPs and MSW facilities is the responsibility of Local Bodies and in case of their default, of the States. Their failure on the subject has to be adequately monitored. Recovery of compensation on 'Polluter Pays' principle is a part of enforcement strategy but not a substitute for compliance. It is thus necessary to issue directions to all the States/UTs to enforce the compensation regime, latest with effect from 01.04.2020. We may not be taken to be condoning any past violations. The States/UTs have to enforce recovery of compensation from 01.04.2020 from the defaulting local bodies. On failure of the States/UTs, the States/UTs themselves have to pay the requisite amount of compensation to be deposited with the CPCB for restoration of environment. The Chief Secretaries of all the States may furnish their respective compliance reports as per directions already issued in O.A. No. 606/2018."
8. We note that the Chief Secretary of Rajasthan appeared in person twice before this Tribunal in O.A. No. 606/2018 dealing with the issue of Solid Waste Management and other environmental issues. The Tribunal directed remedial measures to comply with the law to be monitored at the level of the Chief Secretary by constituting a special cell, directly attached to the office of the Chief Secretary. On directions of the Hon'ble Supreme Court in Paryavaran Suraksha case, supra, the Tribunal has been monitoring the directions to ensure that all pollution control devices to prevent water pollution are in place within the outer limit of 31.03.2018 and for failure to do so, accountability under the Civil and Criminal Law is fixed. The Tribunal has also laid down the scale of compensation @ Rs. 10 lakhs per month for delay in setting of STP and Rs. 5 lakhs per month for delay in providing interim remediation measures in the manner mentioned in the orders quoted above, without prejudice to the statutory liability. There is also direction to record adverse entries in the ACRs of the Officers who are responsible for the delay. Unfortunately, in the present case, the orders delaying the remedial action include higher 10 officers but no adverse entries in the ACRs are made nor prosecution initiated, as per direction of the Hon'ble Supreme Court, by the Rajasthan State PCB. This is dangerous trend to violate the law and to disrespect the rule of law which calls for stringent action if rule of law is to prevail. Continuing violations of orders of this Tribunal is further offence under Sections 26 and 28 of the NGT Act.
9. In view of above grim situation, we are of the opinion that stringent action is required for enforcement of law. While the Member Secretary, State PCB may proceed with the proposal to initiate prosecution against the concerned officers and recovery of compensation, we direct the Chief Secretary, Rajasthan to forthwith look into the matter personally and take remedial action against erring officers for continuously committing and enabling the violation of law and binding orders of the Hon'ble Supreme Court and this Tribunal. The Chief Secretary may also ensure that a copy of this order is kept in ACR Folders and Personal files of the concerned erring officers. This order is without prejudice to prosecution of the concerned Officers for past and for continuing violation of the statutory provisions and orders of the Hon'ble Supreme Court and this Tribunal. Pending setting up of complete sewerage system, there have to be appropriate interim measures to bring down pollution load which may not require tendering/DPR process. The Urban Department and PCB with involvement of any Agency/Institution, may put such interim efforts in place immediately.
10. The Chief Secretary, Rajasthan may remain present in person by Video Conferencing on the next date along with action taken report. The State of Rajasthan may deposit a sum of Rs. 50 lakhs as interim compensation with the Collector of the District which may be utilized for restoration of water quality of the area to be adjusted against the liability for compensation in terms of orders already passed."
4. In pursuance of above, an affidavit of compliance has been filed by the Nagar Nigam, Bikaner. No affidavit has been filed by the Secretary, Local Bodies or the Chief Secretary, as directed. The Chief Secretary has chosen not to appear defying the direction for personal appearance by video conferencing. No explanation nor advance information on inability to attend with the reasons is furnished for such violation which amounts to a criminal offence under section 26 of the National Green Tribunal Act, 2010, apart from serious breach of duty. We deprecate this attitude of the Chief Secretary, which calls for coercive measures, including direction for filing prosecution. This aspect will be considered further in due course, unless amends are made.
5. It is surprising to note the repeated plea that the State has no funds which is resulting in permitting water pollution and noncompliance with the provisions of the Water Act and directions of 11 the Hon'ble Supreme Court requiring waste water treatment plants to be positively in place by 31.3.2018, failing which prosecution of erring authorities must be initiated. Since this Tribunal was directed to monitor, directions for levy of compensation for the default have been issued, quoted earlier, which are being blissfully ignored by the State of Rajasthan to the detriment of public health and rule of law. Such plea also flies in the face of observations of the Hon'ble Supreme Court in Municipal Council, Ratlam v. Vardichan, (1980) 4 SCC 162 that "Where directive principles have found statutory expression in Do's and Dont's, the court will not sit idly by and allow municipal government to become a statutory mockery. The law will relentlessly be enforced and the plea of poor finance will be poor alibi when people in misery cry for justice. The dynamics of the judicial process has a new "enforcement" dimension not merely through some of the provisions of the criminal procedure code (as here), but also through activated tort consciousness. The officers-in-charge and even the elected representatives will have to face the penalty of the law if what the Constitution and follow up legislation direct them to do are defied or denied wrongfully. The wages of violation is punishment, corporate and personal". This has been reiterated inter alia in M.C. Mehta (Stubble Burning & Air Quality) v. Union of India, (2020) 7 SCC 530 by stating: "This Court in Municipal Council, Ratlam v. Vardichan has held they have to take proper and positive action in this direction. It is their bounden duty to provide civic amenities, and also to see that self-created bankruptcy does not come in the discharge of the statutory obligation which are necessary for existence of human life."
6. There is no explanation for continuing failure and inaction against erring officers, as already directed by the Hon'ble Supreme Court and this Tribunal.
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8. Contrary to the timeline fixed by the Hon'ble Supreme Court in Paryavaran Suraksha case supra, requiring requisite treatment plants to be placed by 31.03.2018, long timelines have been proposed without any accountability for the delay. Status of other cities in the State is not shown. In fairness, relevant data should have been given or atleast a statement should have been made that no untreated sewage was being discharged. This monitoring was directed by the Tribunal to be at the level of the Chief Secretary but nothing is mentioned on this aspect. That is why Tribunal intended to interact with Chief Secretary to find out ways and means for ensuring compliance with the law and directions of the Hon'ble Supreme Court particularly to cut down time taking process in this particular case and replicate to other places also. Such attitude of the State Authorities is not an act of good governance but of continued defiance of law and obligation to provide clean environment to the citizens. Decision of Chief Secretary not to appear even by video conferencing, failure to file an affidavit of compliance or to take any action against the erring officials for continued violations despite the direction of this Tribunal, is thus unfortunate. Only explanation orally furnished by the Counsel is that he is to retire at the end of the month. This can be no justification for neither filing an affidavit nor appearing by video conferencing. If a Chief Secretary is to retire, he cannot stop working before retirement.
12If he has such disability, in the interest of administration, he should make way for other who can perform.
9. Accordingly, we direct the current and incoming Chief Secretaries, Rajasthan to take immediate remedial measures in the light of above observations and in compliance of directions in the order dated 21.09.2021, in coordination with concerned officers and file a report of compliance within two months by e-mail at judicial- [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The status of compliance of judgment of the Hon'ble Supreme Court in Paryavaran Suraksha case, supra, in the State of Rajasthan may be indicated in the affidavit. Steps be taken to shorten the process of DPR, and reduce time for execution of work and providing requisite technical assistance at the District level for compliance at the level of towns in the State. Progress achieved in the town in question may also be specified. The affidavit be filed by the Chief Secretary personally. If there is further default, the Tribunal may have to consider coercive measures, including attachment of salaries of erring senior officers. The Chief Secretary, Rajasthan is directed to positively remain present in person by video conferencing on the next date."
Today's hearing
5. In pursuance of above, Ms. Usha Sharma, Chief Secretary, Rajasthan, has appeared in person by VC and has also filed an affidavit dated 16.03.2022 as follows:-
" a) In Compliance of Hon'ble NGT order, Interim penalty amount of Rs. 50.00 lakhs has been deposited in the office of District Collector, Bikaner by Municipal Board, Nokha. A true copy of the deposite receipt of Rs. 50 lacs is annexed and marked as Annexure R-1.
b) For the renovation of 1 MLD STP (Old STP), Work order of amount of Rs. 74.99 lakhs has been given by Municipal Board, Nokha on 23.11.2021 to M/s. Chem Eco Engineers. Work is to be completed by 22.03.2022. Presently work is in progress. A true copy of the officer order dated 23.11.2021 is annexed and marked as Annexure R-2.
c) As in interim treatment of sewerage being collected at nearby pond, aerators are being installed. Work order of Rs.
34.15 lakh for installation of aerators has been given on 23.11.2021 to M/s. Malvika Technical Services. Work is supposed to be completed by 22.03.2022. The machines have been purchased. Installation is in process by Municipal Board, Nokha. A true copy of the office order dated 23.11.2021 is annexed and marked as Annexure R-3.
d) For permanent solution to the sewerage treatment in Municipal Board, Nokha, Two STPs (7 MLD & 5 MLD) have been 13 approved by Rajasthan Urban Infrastructure Development Project (RUIDP). Tender document has been prepared by RUIDP and sent to Asian Development Bank (ADB) for approval, after acceptance, the process of inviting tender will be started. Expected Completion Period: June-2024 (Estimated cost of Project: 55.50 Cr.) Since Hon'ble NGT has shown the concern of such timelines. It is submitted that about 2 years time is anticipated (Including Tendering Process) in ADB funded Projects and similar nature projects.
e) As per the direction of Hon'ble NGT, Action against earring officers for the delay in compliance has been taken by LSG department as per the Rule-17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 and Charge sheet has been issued to OIC of the case (Sh. Lalit Kumar Ojha) and Executive Officer (Sh. Rajuram Jat) of Municipal Board, Nokha.
3. That it is submitted that in Compliance of the Hon'ble Tribunal's order dated 21.09.2021 & 06.01.2022, no untreated sewerage will be discharged after interim treatment, which is supposed to be operational by 22.03.2022.
4. It is submitted that till the composition and commissioning of proposed STPs by RUIDP and in view of the need to prevent pollution in the immediate term, alternative arrangement is in process for the treatment of sewage through surface aerator.
5. The Municipal Board is also taking other precautionary measures to prevent the discharge of untreated sewage in water body and undertaking time to time cleaning and maintenance of sewage pipelines so that no issues like sewage clogging and sewage pipe breakage could cause insanitation in its municipal area.
6. In pursuance of above, Secretary, Local Self Government Department (LSGD) has appeared in front of Hon'ble NGT (through VC) on hearing dated 06.01.2022 and explained the compliance of LSGD.
7. To review the progress of compliance of Hon'ble NGT orders, the meeting under the chairmanship of Chief Secretary, Rajasthan was held with Environment and Climate Change Department, GoR (Nodal Department for interdepartmental coordination), Member Secretary, RSPCB & Local Self Government Department vide meeting notice dated 04.03.2022.
8. The Chief Secretary, GoR has conducted meeting with all Divisional Commissioners and District Collectors and directed for the strict compliance of the Hon'ble NGT direction under O.A. No. 593/2017 (Paryavaran Suraksha Samiti & Anr. v. Union of India & Ors.).
9. It is submitted that, out of 196 towns in Rajasthan 107 STPs are operational in 68 towns of the state and FSTPs have been announced in 118 towns where adequate water supply is not available. For remaining 10 towns, concerning urban local bodies 14 are taking action about waste water treatment. Status of Compliance of STPs in Rajasthan State (O.A. No. 593/2017, Paryavaran Suraksha Samiti & Anr. v. Union of India & Ors.) has been attached on Annexure R-4.
10. It is submitted that, State Government is very serious about this issue and state via Budget announcement year 2021-22 (Budget announcement no. 206 dated 24.02.2021), 50 towns have been taken for the establishment of Faecal Sludge Treatment Plants (FSTPs) of Rs. 200 Cr. and via Budget announcement year 2022- 23 (Budget announcement no. 41 dated 03.03.2022), 68 towns have been taken for the establishment of Faecal Sludge Treatment Plants (FSTPs) of Rs. 600 Cr.
11. That there are 14 CETPs and 1214 industries having ETPs. The details of CETPs and ETPs and action taken by Rajasthan State Pollution Control Board (RSPCB) are attached on Annexure R-5."
6. At Nokha, there is a gap of 6 MLD for which STP of 2 and 5 MLD are proposed. At this stage, it would be necessary that concurrent plan on utilisation of treated sewage should also be taken up. Further, expenditure on simply placing aerators in a pond for one MLD without yielding meaningful results will be of no use. At this stage, there is need to set up 7 MLD plant on urgency and not extending time limits to year 2024. There is also need to set up an enforcement mechanism at State level under the Secretary, Urban Development Department with Assistance Centres at District level, entire mechanism being overseen by Chief Secretary. It would be necessary that State Urban Development, Industries and Agriculture Department draw an executable plan for utilisation of treated sewage.
Power Plants, Industrial Associations and other bulk users may become stakeholders in participating in this plan. CPCB may also be associated at State level meetings, whenever necessary and PCB may impose necessary conditions accordingly. Priority may be given to drought prone districts to facilitate them to setup STPs with utilization.
7. We have accordingly interacted with the Chief Secretary and conveyed our displeasure for the failure of the State Authorities in performing their Constitutional and statutory obligations to the citizens to 15 prevent pollution of water and to protect their basic human rights. In spite of enactment of law 48 years back, Constitutional mandate and final timeline fixed by the Hon'ble Supreme Court, the State continues to be non-compliant, to great detriment of environment and public health. It has now put forward a future plan which needs to be strictly enforced expeditiously so as to ensure that no untreated sewage or effluent is discharged in the water bodies as is being done rampantly at present. It is seen from the affidavit that out of 196 towns, STPs are operational only in 68 towns. There are no adequate Faecal Sludge Treatment Plants (FSTPs).
There is no plan mentioned to utilize sewage treated water for secondary purposes to save potable water for drinking purposes. Integrated Water Management is one of the basic features of good governance. Best practices in this regard include connectivity of sewer lines to treatment plants, connecting the treatment plants to establishments which can utilize treated water, including agriculture, industries and railways.
8. In this regard, some of the observations16 of the Tribunal in an earlier order are quoted below:-
"......Further, for maximizing use of treated sewage, PCB may identify potential industrial clusters, major industrial sectors and other bulk users to tie-up each STP with the User group. In this regard, provisions of 'The Haryana Water Resources (Conservation, Regulation and Management) Authority (Amendment) Act, 2022' may be strictly followed. CPCB may also assist HSPCB in this regard. The Tribunal vide order dated 09.03.2022 in OA No. 29/2020(WZ), Suraj Pradip Ajmera vs. Aurangabad Municipal Corporation directed as follows:
"10. During the hearing, suggestion has emerged that an interaction be held at the level of Chief Secretary, Maharashtra with inclusion of Secretary, Urban Development, Maharashtra and Technical Experts as may be decided by them including from IIT, Bombay, Regional Officer, CPCB and Member Secretary, State PCB to consider possibility of laying pipeline upto the industrial area for transporting treated sewage to the industrial areas so that the same can be utilized for industrial purpose. Industries Association may be associated in the project of sewage treatment and can bear a part of the cost out of Corporate 16 Order dated 19.04.2022 in OA No. 887/2019 in Sukhwanti v. State of Haryana & Ors.16
Social/Environmental Responsibility, depending upon the financial capacity of the member industries. This may result in a permanent and long-lasting cheaper solution. If successful, this experiment may be tried appropriately at such other locations in the State as found appropriate and also customized different locations. The Committee may also study such models elsewhere in the country which reportedly have been successful. The Committee may also consider any other viable strategies for sewage treatment and interception and diversion of sewage, use of appropriate effective and economical technology, making group housing societies Zero Liquid Discharge (ZLD) by recycling treating sewage, after treatment in decentralized manner and utilizing the treated sewage for horticulture, flushing, cleaning or other non-drinking purposes. This strategy may help in augmenting availability of potable water particularly in drought affected areas of Aurangabad Region in Maharashtra where potable water had to be transported by trains in the past. The Secretary, Urban Development may act as nodal agency who may call for a meeting within one month."
11. Another significant issue relates to accidents in the course of cleaning and maintenance of sewerage systems.17 In terms of directions of the Hon'ble Supreme Court in Delhi Jal Board v. National Campaign for Dignity & Rights of Sewerage & Allied Workers, (2011) 8 SCC 568, the State needs to put in place effective mechanism for ensuring safety of the workers employed for maintaining and cleaning the sewage system.
12. The Tribunal has considered the issue of utilization of treated sewage to save potable water for drinking purposes inter-alia vide order dated 21.09.2020 in O.A. No. 148/2016 Mahesh Chandra Saxena vs. South Delhi Municipal Corporation & Ors. By the said order, the data of utilization of treated water as given in the CPCB report dated 15.05.2020 and further report dated 16.09.2020 was noted showing huge gap in reuse of treated water, which resulted in potable water being used even for purposes for which treated water 17 3 die while cleaning sewer line in Panipat:
https://www.tribuneindia.com/news/haryana/3-die-while-cleaning-sewer-line-in-panipat- 321997 NHRC issues notice to Haryana Government, Palwal civic body chief and officials over septic tank incident: https://timesofindia.indiatimes.com/city/chandigarh/nhrc-issues- notice-to-haryana-government-palwal-civic-body-chief-and-officials-over-septic-tank- incident/articleshow/90804927.cms Government tells Parliament that there have 941 deaths related to cleaning of sewers and septic tanks: https://timesofindia.indiatimes.com/india/government-tells-parliament- there-have-941-deaths-related-to-cleaning-of-sewers-and-septic- tanks/articleshow/85036058.cms 50 dead cleaning sewers in first 6 months of 2019, says panel report:
https://indianexpress.com/article/india/50-dead-cleaning-sewers-in-first-6-months-of- 2019-panel-report-5846479/ Manual scavenging menace: Two brothers die cleaning sewage tank after being pressured by engineer in Haryana's Nuh : https://www.timesnownews.com/mirror-now/in- focus/manual-scavenging-menace-two-brothers-die-after-inhaling-poisonous-gas-while- cleaning-sewage-tank-haryanas-nuh-article-90453252 Protest after sewerman dies in manhole in Hisar: https://timesofindia.indiatimes.com/city/chandigarh/protest-after-sewerman-dies-in- manhole-in-hisar/articleshow/81251000.cms 17 could be used. The Tribunal directed all States/UTs to ensure 100% utilization of treated water for secondary purposes, which may be monitored by Central Monitoring Committee headed by Secretary, Ministry of Jal Shakti and assisted by CPCB, NMCG and Ministry of Urban Development..."
9. In another matter18 the Tribunal observed:
"8........The restoration plan may also include measures to utilize the treated water for non-potable purposes, including for industrial purposes, gardening or railway washing. The immediate restoration measures may include preventing untreated sewage being let off near the school, as found earlier. Action plan should include maintenance of conveyance system for utilisation of treated water (compliant with norms), defining command area and users for irrigating the fields with well laid out protocols to prevent damage to the ground water, maintenance of sludge and biogas recovery, preventing formation of THMs ( backed up analytical data) and working out sewage utilisation plan for industrial and other bulk consumers in coordination with SPCB, CPCB, RIICO, Industries Department, and others. This plan should also be made applicable to other operating STPs in Jaipur and other parts in the State..."
10. Accordingly, we have suggested to the Chief Secretary, consistent with earlier order of this Tribunal, that high priority must be given by the State to the issue of protection of sources of water by preventing pollution.
Needless to say that Integrated Water Management plans will also include protecting of groundwater, rain water harvesting, protection of ponds and water bodies, preventing dumping of waste. All the said issues are covered by orders passed by this Tribunal from time to time. The Chief Secretary is expected to personally monitor such issues atleast once a month, with the assistance of an effective environment cell in the office of the Chief Secretary. We hope the State will atleast now realise its responsibility and take remedial measures.
11. The State may file a status report in the light of above observations of progress as on 31.08.2022 by 15.09.2022 by e-mail at judicial-
18Order dated 25.04.2022 in OA No. 80/2021(CZ) in Captain Satyendra Kumar Singh v. State of Rajasthan & Ors.
18[email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF with the Registrar General of this Tribunal. If found necessary, the matter may be placed on the judicial site.
Subject to above, the application is disposed of.
A copy of this order be forwarded to the Chief Secretary and Secretary, Urban Development Department, Rajasthan and CPCB by e-
mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM May 05, 2022 Original Application No. 972/2019 AVT & SN 19