National Green Tribunal
Samayak Jain vs State Of Madhya Pradesh on 9 October, 2023
Item No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 86/2023(CZ)
(O.A.No.585/2022 - PB)
Samayak Jain & Ors. Applicant(s)
Versus
State of Madhya Pradesh & Ors. Respondent(s)
Date of Completion of Hearing and Reserving of Order : 04.10.2023
Date of Uploading of Order on the Website : 09.10.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD EXPERT MEMBER
For Applicant(s): Mr. Samayak Jain
(Applicant in Person)
For Respondent(s) : Mr. Sachin K. Verma, Adv.
Mr. Prashant M. Harne, Adv.
Mr. Om Shankar Shrivastava, Adv. Ms.
Parul Bhadoria, Adv.
Ms. Harshita Tejwani, Adv.
Mr. Sanjeev Mehra, RO, MPPCB, Shahdol
Mr. Vikas, DM, Dindori
ORDER
गंगा च यमुने चैव गोदावरी सरस्वती | नममदे ससंधु कावेरी जऱेस्स्मन संननधधम कुरु || गंगा ससंधु सरस्वती च यमुना गोदावरी नममदा कावेरी सरयू महे न्द्रतनया चममण्यवती वेददका। क्षऺप्रा वेत्रवती महासरु नदी ख्याता जया गण्डकी ऩर ू ामाः ऩर ू म जऱैाः समर ु सदहतााः कुवमन्द्तु मे मंगऱम ्।।
1. River Narmadra and Shipra flowing from the State of M.P. are known to be one of the most pious river in India, and life line for the fulfillment of the need of the water for survival of the human being and wildlife and all creatures in addition of use of the water for agricultural purposes. The importance of the rivers has been shown both in physical world and spiritual world in the above lines.
12. Issue raised in this application are encroachment, illegal construction, temporary or in permanent shape, raising the residential construction discharge of untreated water sewage water throwing the solid waste in the river Narmada and Shipra. Water pollution is a relatively new phenomenon, and one can safely utter that it is solely the result of industrial waste and sewage waste which is thrown into the rivers and oceans. However, there is significant contribution of our poor sewerage system to it. It has stuffed up marine life. Admittedly, it doesn‟t affect us in the short run but it does affect in the long run. We have seen societies suffering from water diseases because they have consumed filthy water. It cannot be disputed that no development is possible without some adverse effect on the ecology and environment, and the projects of public utility cannot be abandoned and it is necessary to adjust the interest of the people as well as the necessity to maintain the environment. A balance has to be struck between the two interests. Where the commercial venture or enterprise would bring in results which are far more useful for the people, difficulty of a small number of people has to be bypassed. The comparative hardships have to be balanced and the convenience and benefit to a larger section of the people has to get primacy over comparatively lesser hardship. This indicates that while applying the concept of "sustainable development" one has to keep in mind the "principle of proportionality" based on the concept of balance. It is an exercise in which we have to balance the priorities of development on one hand and environmental protection on the other hand.
3. Freedom of profession, trade and business as guaranteed under the Constitution of India is to be read with Article 21 of the Constitution of India which provides that no one shall be deprived of life and liberty except according to the procedure established by the law. Right of fresh air and unpolluted air and unpolluted water is also part of the life and any activity 2 by anyone polluting the air and water directly or indirectly endangering the health of human being is violation of life is in violation of provision as contained in the Constitution of India. If the right to fresh air and water is not enforced, this will be contrary to the mandate of the Constitution and the environmental laws. It is tragic that the Rivers, which has since time immemorial purified the people is being polluted by man to such extent that these river now become rivulet and become dry after the month of December. The pollution of the rivers are badly affecting the life health, ecology and millions of Pilgrim. That the colour and quality of water have deteriorated and the colour has become black and Brown, which clearly suggests that the quality of the water has deteriorated due to unabated pollution of River Water. The main reason of river Pollution was the discharge of the sewage of the urban areas of the city directly into the water of river, through drains or through the Nalas, the sewage of whole Nagar Panchayat was mixed with the water body without any treatment.
Most of the untreated sewage was mixed into the river water through the nalas and which in last mixed with the water of River. Discharge of Untreated sewage has been causing considerable damage to the life of the people who use the water of the Holy River and also to the living creatures of life the River.
4. The matter was taken up by this Tribunal on 14.09.2022 and this Tribunal constituted a committee with direction to submit the factual and action taken report.
5. The applicant has sent the present letter petition by email, which is treated and registered as original application, complaining about serious damage to environment of River Narmada in Dindori (Madhya Pradesh).
The applicant has submitted that river Narmada which is the fifth largest river in India is biggest source of water in the Madhya Pradesh and Gujarat. Right to clean water is guaranteed under Article 21 of the 3 Constitution of India and the State is under a duty to prevent and control the water pollution. Funds worth crores of rupees have been sanctioned and released but the authorities have failed to prevent discharge of untreated sewage/drain water in Narmada river. The applicant has requested for issuance of appropriate directions 1 to14:-
―1. Legal proceedings against State of Madhya Pradesh and the local authorities, who release sewage into Narmada for causing severe pollution and failing to stop the release of untreated sewage into the river.
1. To direct the authority to stop pollution of the river to avoid health hazards in Dindori and Discharge of untreated effluent of domestic sewage and solid waste in the river should be restrained permanently.
2. Use of polly carry bags and plastic materials within 100 meters in the vicinity of the river should be banned.
3. Forest Department should make sure that there is no cutting of trees on the riverbanks.
4. The Municipal Corporations of town constituted along with river Narmada should carry out an exercise with regard to encroachments and unauthorized constructions and no such new permissions for constructions along the riverbank should be granted.
5. The Respondents be directed, in view of the ground water levels to submit a comprehensive scheme for water management in the Narmada Valley both of surface water in the streams as well as underground water.
6. No illegal mining of sand and other mineral be permitted from the riverbed.
7. No fishing by illegal means be permitted including by use of chemicals, electrocution etc.
8. Proper arrangement for cremation along the river bank of the river Narmada at safe distances must be ensured.
9. The MPPCB be directed to monitor and submit action taken reports as well as analysis reports of the water quality in the river Narmada.
10. Proper steps be taken by the Narmada Valley Development Authority (NVDA), the EPCO and SEIAA for protection of the river Narmada which is a sacred river to all for its conservation and keep it environmentally clean.
11. The Urban Administration & Development Department should take stringent action and steps for controlling and preventing solid waste going into the river Narmada.
12. The bio-diversity of the local flora and fauna in the river valley of the river Narmada be preserved.
13. The Department of religious trust and endowments stop 4 people from conducting any religious activity within 500 meters of the river.‖
6. Learned counsel for the state has submitted that these matters were already taken by the Principal Bench of this Tribunal in original application no. 606/2018 which was in compliance of the order of the Hon‟ble the Supreme Court of India WP No. 888/1996 and WP No. 375/2012 and the matter was finally heard and decided vide order dated 10.11.2022 the relevant portion are quoted below :-
―The Issue - Monitoring of compliance of waste in terms of orders of Hon'ble Supreme Court dated 02.09.2014 and 22.02.2017.
1. The issues of solid as well as liquid waste management are being monitored by this Tribunal as per orders of the Hon'ble Supreme Court -
Conclusion
57. We hope in the light of interaction with the Chief Secretary, the State of Madhya Pradesh will take further measures in the matter by innovative approach and stringent monitoring, ensuring that gaps in solid and liquid waste generation and treatment are bridged at the earliest, shortening the proposed timelines, adopting alternative/interim measures to the extent and wherever found viable. Restoration plans need to be executed at the earliest simultaneously in all districts/cities/ towns/ villages in a time bound manner without further delay. Compliance be ensured by Chief Secretary.
58. As already observed, it will also be open to the State to plan raising of requisite funds from generators/contributors of waste or by any other legal means.
559. In our recent order dated 01.09.2022 in O.A No. 606/2018 (in respect of State of West Bengal), considering scale of compensation adopted in earlier cases including in OA No. 1002/2018, Abhisht Kusum Gupta vs. State of Uttar Pradesh & Ors., compensation was determined @ Rs. 2 Crore per MLD for untreated liquid waste and in OA No. 286/2022 for unprocessed legacy waste compensation was fixed @ Rs. 300 per MT to be utilized for restoration measures, including preventing discharge of untreated sewage and solid waste treatment/processing facilities, as per appropriate mechanism for planning and execution that may be evolved, within three months. Operative part of the said order is reproduced below:-
―Conclusion about quantum of compensation ―49. In the light of above and considering damage to the recipient environment, we hold that apart from ensuring compliance at the earliest, compensation has to be paid by the State for past violations. The amount of compensation is fixed @ Rs. 2 crore per MLD (at which rate compensation has been levied against Noida and DJB in OA No. 1002/2018, Abhisht Kusum Gupta vs. State of Uttar Pradesh & Ors, referred to in para 48 above for detailed reasons mentioned therein). As noted earlier, gap in generation and treatment in West Bengal, as per data furnished is 1490 MLD. Thus, under this head, liability of the State of West Bengal is to pay compensation of Rs. 2980 crores, rounded off to Rs. 3000 crore in view of continuing damage. For failure to process solid waste, unprocessed legacy waste being 1.20 crore MT, compensation is assessed @ Rs. 300 per MT (at which approximate rate compensation has been awarded in OA No. 286/2022 against Municipal Corporation, Ludhiana, 6 for the reasons given therein). This works out to Rs. 366 crore but adding 134 crore for continuing addition of unprocessed waste @ 13469.19 TPD, the total amount is rounded off to Rs. 500 crore. Thus, final amount of compensation under the two heads (solid and liquid waste) is assessed at Rs. 3500 crores which may be deposited by the State of West Bengal in a separate ring- fenced account within two months, to be operated as per directions of the Chief Secretary and utilised for restoration measures, including preventing discharge of untreated sewage and solid waste treatment/processing facilities, as per appropriate mechanism for planning and execution that may be evolved, within three months.
If violations continue, liability to pay additional compensation may have to be considered. Compliance will be the responsibility of the Chief Secretary.‖ Reasons for not levying compensation on State of MP
60. ―The Chief Secretary Madhya Pradesh fairly accepts that there is gap of about 1500 MLD in sewage generation and treatment. In normal circumstances, the State would be liable to pay compensation of Rs. 3000 crore at the scale of compensation fixed in other States. However, it is pointed out that in Madhya Pradesh, already more than Rs. 9000 crores stands allocated on the subject. There are ongoing sewerage projects for 465 MLD for which amount of Rs 2366 crore stands ring- fenced. Further, amount of Rs 7388 crore stands ring-fenced for sewage treatment facilities which is approved by State cabinet under the AMRUT 2.0 and SBM 2.0 schemes.
Out of the said amount, Rs 4657 crore is the State share while Rs 2731 crore is Government of India's share, in a phased manner. It is submitted that even if GoI fails to comply with 7 its commitment of Rs. 2731 crore, the State of Madhya Pradesh would abide by its commitment of Rs 4657 crore for the treatment of wastewater in a scientific manner. Thus, the State has made provision for Rs. 9688 crores in a ring-fenced manner for wastewater treatment. In these circumstances, there does not appear to be a case for levy of compensation but the State will be bound by this stand and allocation of funds and must make meaningful progress in the matter in next six months.‖ Assistance by State of MP to other States for executing work on Indore pattern
61. In view of apparently successful waste management model at Indore, we have suggested to the Chief Secretary, MP to offer assistance in training and capacity building to other States and the Chief Secretary has fairly agreed to offer such held by addressing a communication to Chief Secretaries of all States/UTs on the subject. He has further stated that in the State of Madhya Pradesh, MP Urban Development Company has been registered under the Companies Act in the year 2014 which caters to the process of giving contracts for handing waste which pattern may be considered by other States/UTs, if found viable.
Directions for further follow up
62. Further, six monthly progress reports with verifiable progress may be filed by the Chief Secretary with a copy to the Registrar General of this Tribunal by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. Copies thereof may be furnished to the NMCG, MoUD and CPCB and also be placed on the 8 website of the State Government.
A copy of this order be forwarded for compliance to the Chief Secretary, Madhya Pradesh, Secretary, Ministry of Housing and Urban Development, MoEF&CC, GoI, National Mission for Clean Ganga and CPCB by e-mail.‖
7. The learned counsel for the MPPCB has submitted that in compliance of the order of NGT passed in O.A. No. 606/2018 the proposal of leaving environmental compensation on Nagar Palika, Nagar Parishad, Dindori has been submitted to the head office Bhopal, MPPCB on different dates and the matter was considered by the Principal Bench of this Tribunal in O.A. No. 606/2018 vide order dated 10.11.2022 quoted above and instructions were issued to the State Govt. for allocation of fund for meaningful progress and to report the compliance within six months. It is further submitted that necessary actions are being taken for compliance of Plastic Waste Management Rules, 2016 and different awareness programme has been initiated by the authority concern in the related areas.
8. It is further submitted that real time water quality monitoring station has been established by the State PCB in river Narmada nearDindori town through which water pollution level in Narmada river is being monitored periodically.
9. In its reply submitted by the respondent no. 5, it is submitted that for the purpose of construction of sewage treatment plant the M.P. Urban Development Company, 100% Govt. owned company, awarded contract in favour of M/s Chandra Nirman Pvt. Ltd., Raipur on 30.12.2017.
10. Further, the Project Management Consultant is also employed by MPUDC for verification quality of work. Initial 24 months period given to the contractor for construction of STP has expired on January, 2020 9 thereafter new time limit was issued for construction work till December, 2021. Due to very slow progress in carrying out the construction work, letters were issued from time to time to the contractor by MPUDC and when there was no response on the part of the contractor the notice for termination of work was issued by MPUDC vide letter no.
7112/MPUDC/PMU dated 10/08/2021. But, since no substantial progress of construction work carried out by the contractor, work order of M/ s Chandra Nirman Pvt. Ltd. Raipur was terminated by M.P Urban Development Company Limited, Bhopal vide letter no. 506 dated 19.01.2022.
11. In year 2020-2021, the COVID-19 pandemic hit the world. In India,COVID-19 affected all sectors, including the civil construction industry. COVID -19 paved the way towards subsequent nationwide lockdowns imposed as per Notification no. 40-3/2020-DM -1(a) dated 17- 05-202 of Ministry of Home Affairs, Government of India. During this period supply chain and availability of labour were hampered due to which delay has occurred in completion of construction work of STP.
12. Subsequently, denovo tendering process was initiated by MPUDCL for completion of the balance work of STP in District Dindori (M.P.) accordingly, Letter of Acceptance of contract is issued in favour of M/s D.M Ramai & Co. Surat. Gujarat dated 31/05/2022 and agreement has been executed on 24/06/ 2022. Construction work of STP has been started by new contractor M/s J.M. Ramani & Co., Surat, Gujrat.
Construction work of treated sump and CCT is completed, construction work of SBR wall, IPS-1 & IPS-2 is in progress. The Pipe line laying work is also in progress and about 19680 meter pipe line laying is completed. Out of 6542 house service connections, 1172 house connection work is completed. The scheduled date for completion of work under this project is 23.09.2023.
1013. Respondent nos. 3 and 8 have filed the reply and submitted that The major source of sewage is from domestic and commercial areas within the town. The overflow of septic tanks together with the grey water is being discharged in open drains. Currently, the untreated sewage so generated in the town is flowing through the open drains which are joining into river Narmada. It is pertinent to mention over here that water quality in Narmada River in Dindori mostly comes under category A.
14. The State Government has not allowed any water polluting industries to operate in the District Dindori, particularly in the catchment area of river Narmada within the Dindori city limits, therefore, the pollution from industrial sources in River Narmada is not anticipated.
15. MPUDCL, PIU Jabalpur vide letter no. 876/MPUDCL/ 2021 dated 20/12/2021 has also reported about status of STP construction, progress achieved along with reasons of delay to MPPCB, Shahdol in response of vidhan Sabha Dhayana Akarshan Suchana. During the period 2020 and 2021, civil construction activities are hampered due to frequent curfew & lockdowns imposed by District administration due to corona pendemic, which is the reason for delay in completion of construction work of STP.
16. Notices were also issued to the Central Water Commission/respondent no.
4 who has submitted that Central Water Commission is a premier Technical Organization of India in the field of Water Resources and is an attached office of the Ministry of Jal Shakti, Department of Water Resources River Development and Ganga Rejuvenation, Government of India. The Central Water Commission is also engaged in taking observations of surface water parameters like water level, discharge, silt and water quality data throughout the country through its vast hydrological observation network on various rivers and their tributaries.
Narmada Basin Organization, CWC, Bhopal (Regional office of CWC) is monitoring the water quality parameters of Dindori site Narmada River at 11 three locations i.e., upstream Line (U/S), Station Gauge line (S/G Line) and Downstream Line (D/S).
17. The Water Level at Dindori is being observed three times a day (8.00, 13.00, 18.00 hrs.) during non-monsoon period and hourly during monsoon period. Discharge of the river is being observed once a day at 8:01 AM except on holidays. However, the water quality samples are being collected on ten-daily basis every month. Along with this data, CWC is also maintaining a three-tier laboratory system for analysis of the water quality parameters. The level-I laboratories, are located at sites, where physical parameters such as temperature, colour, odour, electrical conductivity, pH and dissolved oxygen of river water are observed. The level-II laboratory (NABL Accredited), located at division office, Bhopal analyzes physiochemical characteristics parameters of river water such as TDS, BOD, Ca, HCO3, SO4, Mg, CO3, 5102, PO4-P, Cl, K, Na, NH3-N and Turbidity.
18. In reply submitted by the respondent no. 2, it has been submitted that the water shed management and treatment is a very broad subject, the State Government of Madhya Pradesh has undertaken various projects for the water shed management and treatment area of the Narmada Basin and has achieved the target pertaining to the direct water body drain in Forest and Non Forest Areas. The target achieved is 246285 hectares in the independent water drain area of forest and non-forest areas the target achieved is 4104604 hectares. Further in the submergence area falling with in the forest area, compensatory afforestation was carried out. The affected forest area is 51007.429 hectares and the compensatory afforesation is carried out in the area of 102757.649 hectares.
19. During the Namami Devi Narmade and Hariyali Churiri project on 02/07/2017 at the different locations of the forest areas in the entire 12 Madhya Pradesh plantations were carried out in 2309.07 hectares of forest area and 896545 saplings were planted in the forest areas. Further during the year 2023-24 (till date) at Forest Division Dindori in 101.3 ha of forest area 50915 saplings were planted by the Forest Department.
20. In original application no. 13/2021 the similar matter with regard to the water quality and the discharge of untreated water in the river Narmada was matter in issue and a report was called which was submitted by the authorities concern as follows:-
The detailed report in compliance of order dated 16.07.2021 passed in the O.A No. 13/2021 by Hon'ble NGT SN. Name Locatio Statu Existin Existing Existing New Tentativ Details of Remedial Remar of n s of g Drainage/ STP and STP's e date total action ks District Details encro sewag Sewerage It's under for quantity of require to achm e details capacity construc completi generation be taken ent quanti tion (if on of of sewage to ensure ty any) STP and that no treatment untreated with gap sewage is discharge d into the river Narmada 1 Khand Omkar Ther 0.32 Open There There 31.12.2 In In Nil wa eshwa e is MLD drain are 04 are 02 021 Omkares Omkares r 65% system STP's in STPs hwar hwar city (22.24 encr operatio under 0.32 MLD at 3190,7 oach n with constru sewage present 6.1541 ment differen ction generatio open
75) near t (0.55M n and drain the capacit LD, currently system bank y (0.15 0.45 04 STPs are of MLD, MLD) are in available river 0.25 operation constructi Nar MLD,0. . (0.15 on of mad 15MLD MLD, sewage a & 0.1 0.25 network MLD) MLD,0.15 and MLD & connectio 0.1 MLD) n with all Gap-Nil the STP required 2 Kharg Mahes Nil 4.8 Open Nil There 31.12.2 At In Tenta one war(22 MLD drain are 01 021 present Maheshw tive .17026 system STP's there is ar city at date 7,75.5 4.91 no STP present is as 88351 MLD installed, open per capacit so the 4.8 drains contr y is MLD are act propose sewage available.
d generatio Construct
n is ion of
directly sewer
discharge network
13
d into the and
Narmada connectio
n with all
Gap-4.8 the STP
MLD required.
3 Kharg Barwa Nil 3.2 Open Nil There 31.03.2 At In Nil
one ha MLD drain are 01 021 present Maheshw
(22.24 system STP's there is ar city at
8259, 3.75 no STP present
76.038 MLD construct open
608) capacit ed, so the drains
y is 3.2MLD systems
under sewage are
constru generatio available.
ction n is Construct
directly ion of
discharge sewer
d into the network
Narmada and
connectio
Gap-1.2 n with all
MLD the STP
required.
4 Kharg Barwa Nil 3.2 Open Nil There 31.03.2 At In Nil
one ha MLD drain are 01 022 present Barwaha
system STPs there is city at
3.75 no STP present
MLD construct open
capacit ed, so the drains
y is 3.2MLD are
under sewage available,
constru generatio Construct
ction n is ion of
directly sewer
discharge network
d into the and
Narmada connectio
n with all
Gap-1.2 the STP
MLD required
5 Barwa Rajgha Ther 3.6 Partial Nil There 31.12.2 At In
ni t e is MLD Open are 01 022 present Barwani
Barwa no drain STPs there is city at
ni encr system 9.0 no STP present
(22.07 oach MLD installed, partial
0076,7 ment capacit so the open
4.8839 near y is 3.6MLD drains
22) the under sewage systems
bank constru generatio are
of ction n is available.
river directly Construct
Nar discharge ion of
mad d into the sewer
a Narmada network
and
Gap-3.6 connectio
n with all
the STP
required
6 Dewas Nagar Nil 0.98 Open No STP No MLD Not At 1. The Nil
Parish MLD drain capacit availabl present sewerage
ad system y STP e there is network
Nema propose no STP along
war construct with STP
14
(Lat.22 d ed, so the is
.4937, 0.98 MLD required
Long sewage to be
76.979 is directly installed.
0) discharge
d into the 2. The
Narmada treated
water
Gap-0.98 may be
MLD used for
plantatio
n
7 Sehore Budhn To 1.5 Open Nil 1.1 Dec-21 Sewage Two Stps Disch
i be MLD drains MLD generatio Of Total arge
(22.78 deci (Appr STP n :1.5 Quantity not
71N ded ox) based MLD 3 MLD found
77.681 by on BR (Approx) Are durin
4E) ULB (Dewas Existing Under g
) Treatmen Final inspe
technol t Stage Of ction
ogy Capacity Completio dated
under :0 Gap in n Upon 03.04
constru treatment Which .2021
ction at 1.5 MLD The
plot no. Wastewa
26, ter
Khasra Generate
No. d In
26,Man Budhni
a Gondi shall be
Mohlla, taken
HFA care of.
scheme
Area,
Budhni-
461661
2. 2.2
MLD
STP
based
on SBR
Technol
ogy
under
constru
ction at
plot/ph
ase no.
131,
Khasra
131,
Budhni
461661
8 Jablap Munici NA 136 Approx 1. Name Nil (After Currently
ur pal MLD 360 km Nagar of STP completio treated
Corpor Sewer Palika (under n of water is
ation, line laid Nigam constru 34 MLD under used in
Jabalp Jabalp ction) JUNE2 constructi plantatio
ur ur on & n/garden
(Kathon 1. N 022 proposed) ing and
agar
da STP remainin
Palik
50 g is
a
MLD) discharge
Niga
m s in
2. water
Jabal
15
Nagar pur bodies.
Palika Zone-
Nigam 3&4(L
Jabalp alpur
ur STP)
(Gwarig (34 32 MLD
hat MLD) SEP.20
STP)0.5 2. N 21
agar
5 mld
Palik
3 a
Nagar Niga
Palika m
Nigam Jabal
pur
Jaballp
Zone-
ur
2(Kat
(Gulaut
hond
al STP a
0.50 STP)
MLD) (32
MLD)
3. N
agar
Palik
a
Niga
m
Jabal 32 MLD
pur DEC.
Zone- 2021
2(Tew
ar
STP)
(29
MLD)
4. N
agar
Palik
a
Niga
m
Tilwa
0.30
ra
MLD
STP)
(0.30 June
MLD) 2022.
Name
of
STP
propo
sed
1.
Nagar
Palik
a
Niga
m
Jabal
pur
Gang
a
sagar
STP)
(5
MLD)
2.
Nagar
16
Palik
a
Niga
m
Gokal
pur
STP)
(1
MLD)
9 Jablap Bheda Nil 0.63 About Nil Name 30.06.2 Nil (After At Total
ur ghat MLD 4050 of STP 022 completio present 5
meter (UNDER (June n of temporar numb
drain are Constru 2022) under y ers of
construct ction) constructi treatment STPs
ed in ULB on STPs) plant(Inte are to
1. rception be
Bhedag has been constr
hat develope ucted
sewera d so that and
ge no the
project sewage projec
(Bhadp is directly t
ura) discharge would
2.Bhed d into the be
aghat river compl
sewera Narmada eted
ge ) by
project( the
Gopalp June
ur) 2022
3.
Bhedag
hat
sewera
ge
project(
Lameta
STP)
4.Bhed
aghat
sewera
ge
project(
Lameta
ghat)
5.
Bhedag
hat
sewera
ge
project(
Panchw
ati)
10 Dindor 1.Sanb Ban Appro No STP Yes Pipelini Approx No
i ara k of x exists STP ng 8037 remedial
nala Nala 8037 at Capacit work KLD action
before ''s KLD present y 3.80 started perday taken till
mixing are per MLD of sewage date by
river parti day under sewer generatio ULB
Narma ally constru n were
17
da encr ction started 3.80 MLD Dindori
Dindor oach Approx STP
i ed 50-60% capacity
(MP)10 work is under
37 complet constructi
KLD ed as on
per on
day.. 10.02.2
021
2. City
domes
tic
nala
near
samsh
anghat
Dindor
i(MP)
1800K
LD per
day.
3.City
domesi
c nala
near
Ward
No. 7,8
Dindor
i(MP)-
2516K
LD per
day.
4. City
domes
tic
nalla
near
Abadh
iya
Lodge
Dindor
i (MP)-
1518
KLD
per
day
5. City
domes
tic
nala
near
Road
no. 3
Dindor
i (MP)-
1166
KLD
per
day(ph
otogra
phs of
GPS
Map
camer
a
18
enclos
ed)
11 Hosha K.no. - 10 04 Nallah Existing STP 28.09.2 10 MLD STP-
ngaba 32 MLD connecte STP nil under 021 21
d Kishan d to one constru MLD
pur pint at ction is
Raisen Bhilapura Capacit under
Hosha Nallah y-21 constr
ngaba where MLD uction
d pumping
station is
under
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21. It is argued by the learned counsel for the applicant that Hon'ble Supreme Court of India in the case "Friends Colony Development Committee vs. State of Orissa and Other [(2004) 8 SSC 7331] observed as follows :-
―In all developed and developing countries there is emphasis on planned development of cities which sought to, be achieved by zoning, planning and regulating building construction activity. Such planning, though highly complex is a matter based on scientific research, study and experience leading to 19 rationalization of laws by way of legislative enactments and rules and regulations framed there under. Zoning and planning do result in hardship to individual property owners as their freedom to use their property in the way they like, is subjected to regulation and control. The private owners are to some extent prevented from making the most profitable use of their property. But for this reason alone the controlling regulations cannot be termed as arbitrary or unreasonable.
The private interest stands subordinated to the public good. It can be stated in a way that power to plan development of city and to regulate the building activity therein flows from the police power of the State. The exercise of such governmental power is justified on account of it being reasonably necessary for the public health, safety morals or general welfare and ecological considerations; though unnecessary or unreasonable intermeddling with the private ownership of the property may not be justified.‖
22. It is further submitted that illegal constructions/encroachments upon riverbeds/banks/ hills causing harm to the environment of the river, polluting natural water and damaging water bodies, defacing the beauty of the river and damaging its environment, hills and the heritage sites are irreversible and permanent. For that constructions of concrete buildings, cutting of trees near river sites and blowing up of the hills for vested interests will be a great loss to nature and environment. It is further argued that the water is the most essential requirement to sustain the human life and, therefore, there is need to preserve and protect it. The sources from which water is available is well known. Each source carries along with it special characteristics and bio-diversity which sustains the 20 source. The courts are under obligation to see the protection and preservation of these water resources and Prevention of its contamination.
23. The Learned Counsel for the MoEF&CC has argued that Water is a state subject and tackling the various sources of pollution in rivers, i.e. sewage, industrial pollution, solid waste, open defecation, agricultural run-off, dumping of dead bodies etc falls under the civic, health and sanitation are responsibilities of the State Governments, including Madhya Pradesh.
States / Municipalities/ urban Local Bodies, therefore are having the primary responsibility in tackling the sources of pollution in their respective jurisdiction out of their budget and internal revenue generation.
The central Assistance can only supplement the efforts of the States in fulfilling their responsibilities, in providing basic civic facilities (like sewage treatment and safe disposal systems, solid waste management, sanitation facilities etc.) and development of civic infrastructure. Preparation of Master plan, solid waste management and removal of encroachments along the river banks is the responsibilities of the state) government local bodies.
24. A total of 102 nallahs have been discharging polluted water since years.
The report also pointed out the use of chemical fertilizers in farmlands near the Narmada. Illegal sand miners are active in 28 districts of Madhya Pradesh. They use boats and pipeline to excavate sands from water, which is highly objectionable and an unscientific practice. The sand absorbs water and then recharges groundwater too. This practice is destroying the natural process of the river. In a study available on public domain reveals that after the lockdown, the reduced flow of industrial effluents and domestic sewage in the river has made a positive impact on the quality of the water in the river which travels 900 plus Kms. through 14 districts of Madhya Pradesh before flowing into Gujarat. A study of river water samples collected from five ghats of Hosangabad district, Collectorate, 21 Circuit House, Post Office Sethani and Gwarighat, during lockdown the water quality was found to be improved. The matter is follow up of judgment of the Hon„ble Supreme Court which mandates establishment and functioning of requisite ETPs/CETPs/STPs by 31.3.2018 and in default, to take coercive measures. The judgement also laid down rigid timelines, enforcement mechanism and sources of funding. Even in absence of the said judgement, doing so is the mandate of the Water (Prevention and Control of Pollution) Act, 1974. The said Act established Central and State Pollution Board for prevention, abatement and control of rivers and streams and to restore wholesomeness of watercourses and controlling discharge of domestic and industrial wastes. Penalties are provided for contravention of the provisions of the Act. The Constitution of India under Article 243 W read with 12th Schedule entrusts responsibility of ―public health, sanitation conservancy and solid waste management to Municipalities. The Hon„ble Supreme Court held that the States will provide necessary support to such local bodies. This is to be monitored by the PCBs and the Secretaries, 22 Environment in States and thereafter by the NGT. This Tribunal has been accordingly monitoring compliance in the last four years but regretfully with little progress as will be shown by the statistics.
25. It is further submitted that the matter of the rivers was taken up in O.A. No. 673/2018 titled as More River Stretches are now critically polluted and in O.A. No. 593/2017 with report of the CMC in Paryavaran Suraksha Simiti & Ors. Vs. Union of India and vide order dated 22.02.2021 it was observed that actions for rejuvenation of the identified polluted river stretches in the country for which major steps is preventing discharge of industrial and domestic waste in river or drains is connected thereto was taken by this Tribunal.
2226. The matter relates to remedial action for rejuvenation of 351 identified polluted river stretches in the country, for which major step is preventing discharge of industrial and domestic waste in rivers or drains connected thereto. On this aspect both the matter overlap. Other steps include preventing dumping of solid waste, plastic, hazardous, bio-
medical and electronic wastes, regulation of flood plain zones, by keeping catchment areas free from encroachments, maintaining environment flow by adopting appropriate water conservation practices and other steps, controlling extraction of ground water, afforestation etc. The Tribunal required setting of River Rejuvenation Committees (RRCs) in all States for the purpose. They were to prepare and execute action plans, with budgets and timelines to give effect to the mandate of law. The Chief Secretaries of all States/UTs are to monitor compliance at State level and the Central Monitoring Committee (CMC) headed by the Secretary Jal Shakti, GoI, with CPCB and NMCG is to monitor compliance at national level. The situation continues to be grim, as has been repeatedly observed by this Tribunal. The polluted river stretches include Ganga and Yamuna, which have been dealt with by separate orders, apart from some other rivers which have been dealt with by separate orders individually, to which reference will be made. This is affecting aquatic life, safety of food chain on account of contamination of water and resulting in drinking water crisis in the country. There are also large number of deaths and diseases due to water contamination. Further monitoring is proposed to be by the authorities themselves in terms of directions at the end of the order.
27. By order of 28.08.2019 in OA 593/2017, the Tribunal set up a compensation regime for default. The Tribunal considered the CPCB reports dated 30.05.2019, 19.07.2019 and 14.08.2019 with compiled status of setting up of ETPs/ CETPs/STPs and methodology for 23 assessment of environmental compensation. The compensation regime discussed in the said order is quoted below:
―14. A report has also been prepared on the scale of environmental compensation to be recovered from individual/authorities for causing pollution or failure for preventing causing pollution, apart from illegal extraction of ground water, failure to implement Solid waste Management Rules, damage to environment by mining and steps taken to explore preparation of an annual environmental plan for the country. Extracts from the report which are considered significant for this order are:
―I. Environment Compensation to be levied on Industrial Units Recommendations The Committee made following recommendations:
To begin with, Environmental Compensation may be levied by CPCB only when CPCB has issued the directions under the Environment (Protection) Act, 1986. In case of a, band c, Environmental Compensation may be calculated based on the formula "EC= Pl x N x Rx S x LF", wherein, Pl may be taken as 80, 50 and 30 for red, orange and green category of industries, respectively, and R may be taken as 250. Sand LF may be taken as prescribed in the preceding paragraphs.
In case of d, e and f, the Environmental Compensation may be levied based on the detailed investigations by Expert Institutions/Organizations.
The Hon'ble Supreme Court in its order dated 22.02.2017 in the matter of Paryavaran Suraksha Samiti and another v/s Union of India and others {Writ Petition {Civil) No. 375 of 2012), directed that all running industrial units which require "consent to operate" from concerned State Pollution Control Board, have a primary effluent treatment plant in place. Therefore, no industry requiring ETP, shall be allowed to 24 operate without ETP.
EC is not a substitute for taking actions under EP Act, Water Act or Air Act. Infact, unitsfoundpolluting should be closed/prosecuted as per the Acts and Rules. II. Environmental Compensation to be levied on all violations of Graded Response Action Plan (GRAP) in NCR.
Table No. 2.1:Environmental Compensation to be levied on all violations of Graded Response Action Plan (GRAP) in Delhi-NCR.
Activity State Of Air Quality Environment al Compensatio n () Industrial Severe +/Emergency Rs 1.0 Crore Emissions Severe Rs 50 Lakh Very Poor Rs 25 Lakh Moderate to Poor Rs 10 Lakh Vapour Recovery System (VRS) at Outlets of Oil Companies i. Not installed Target Date Rs 1.0 Crore ii. Non functional Very poor to Severe + Rs 50.0 Lakh Moderate to Poor Rs 25.0 Lakh Construction Severe +/Emergency Rs 1.0 Crore sites (Offending Severe Rs 50 Lakh plot more than Very Poor Rs 25 Lakh 20,000 Sq.m.) Moderate to Poor Rs 10 Lakh Solid waste/ Very poor to Severe + Rs 25.0 Lakh garbage dumping in Industrial Moderate to Poor Rs 10.0 Lakh Estates Failure to water sprinkling on unpaved roads
a) Hot-spots Very poor to Severe + Rs 25.0 Lakh
b) Other than Hot-
spots Very poor to Severe + Rs 10.0 Lakh III. Environmental Compensation to be levied in case of failure of preventing the pollutants being discharged in water bodies and failure to implement waste management rules:
Table No. 3.3: Minimum and Maximum EC to be levied for untreated/partially treated sewage discharge Class of the Mega-City Million- Class-I City/Town plus City/Town City and others Minimum and Min. 2000 Min. 1000 Min. 100 Maximum values Max. Max. Max.
of EC (Total
Capital Cost 20000 10000 1000
Component)
recommended by
25
the Committee
(Lacs Rs.)
Minimum and Min. 2 Min. 1 Min. 0.5
Maximum values Max. 20 Max. 10 Max. 5
ofEC (O&M Cost
Component)
recommended by
the Committee
(Lacs Rs./day)
TableNo.3.4: Minimum and Maximum EC to be levied for improper municipal solid waste management Class of the City/Town Mega-City Million-plus Class-I City City/Town and others Minimum and Min. Min. 500 Min.
Maximum values of 1000 Max. 100 EC (Capital Cost Component) Max. 5000 Max. recommended by the 10000 1000 Committee (Lacs Rs.) Minimum and Min. 1.0 Min.0.5 Min.0. Maximum values of Max. Max.5.0 1 EC (O&M Cost Component) 10.0 Max.1. recommended by the 0 Committee (Lacs Rs./day)
Environment Compensation for Discharge of Untreated/Partially Treated Sewage by Concerned Individual/Authority:
BIS 15-1172:1993 suggests that for communities with population above 100,000, minimum of 150 to 200 lpcd of water demand is to be supplied. Further, 85% of return rate (CPHEEO Manual on Sewerage and Sewage Treatment Systems, 2013}, maybe considered for calculation of total sewage generation in a city. CPCB Report on "Performance evaluation of sewage treatment plants under NRCD, 2013", describes that the capital cost for 1 MLD STP ranges from 0.63 Cr. to 3 Cr. and O&M cost is around Rs. 30,000 per month. After detail deliberations, the Committee suggested to assume capital cost for STPs as Rs. 1.75 Cr/MLD (marginal average cost). Further, expected cost for conveyance system is assumed as Rs. 5.55 Cr./MLD (marginal average cost) and annual O&M cost as 10% of the combined capital cost. Population of the city may be taken as per the latest Census of India. Based on these assumptions, Environmental Compensation to be levied on concerned ULB may be calculated with the following formula:
EC= Capital Cost Factor x [Marginal Average Capital Cost for Treatment Facility x (Total Generation-Installed Capacity) + Marginal Average Capital Cost for Conveyance Facility x 26 (Total Generation -Operational Capacity)]+ O&M Cost Factor x Marginal Average O&M Cost x (Total Generation- Operational Capacity) x No. of Days for which facility was not available+ Environmental Externality x No. of Days for which facility was not available Alternatively;
EC (Lacs Rs.)= [17.S{Total Sewage Generation - Installed Treatment Capacity)+ 55.S{Total Sewage Generation-OperationalCapacity)] + 0.2(Sewage Generation-Operational Capacity) x N + Marginal Cost of Environmental Externality x (Total Sewage Generation- Operational Capacity) XN Where; N= Number of days from the date of direction of CPCB/SPCB/PCC till the required capacity systems are provided by the concerned authority Quantity of Sewage is in MLD xxx................xxx.......................xxx Environment Compensation to be Levied on Concerned Individual/Authority for Improper Solid Waste Management:
Environmental Compensation to be levied on concerned ULB may be calculated with the following formula:
EC=Capital Cost Factor x Marginal Average Cost for Waste Management x (Per day waste generation-Per day waste disposed as per the Rules) + O&M Cost Factor x Marginal Average O&M Cost x (Per day waste generation-Per day waste disposed as per the Rules) x Number of days violation took place + Environmental Externality x N Where;
Waste Quantity in tons per day (TPD) N= Number of days from the date of direction of CPCB/SPCB/PCC till the required capacity systems are provided by the concerned authority Simplifying;
EC (Lacs Rs.) = 2.4(Waste Generation - Waste Disposed as per the Rules) +0.02 (Waste 27 Generation Waste Disposed as per the Rules) x N + Marginal Cost of Environmental Externality x (Waste Generation - Waste Disposed as per the Rules) x N xxx................xxx.......................xxx II. Environmental Compensation in Case of Illegal Extraction of Ground Water 4.5 Formula for Environmental Compensation for illegal extraction of ground water The committee decided that the formula should be based on water consumption (Pump Yield &Time duration) and rates for imposing Environmental Compensation for violation of illegal abstraction of ground water. The committee has proposed following formula for calculation of Environmental Compensation(EC Gw):
ECGW = Water Consumption per Day x No. of Days xEnvironmental Compensation Rate for illegal extraction of ground water {ECRGw) Where water Consumption is in m /day and ECRGw in Rs./m3 3 Yield of the pump varies based on the capacity/power of pump, water head etc. For reference purpose, yield of the pump may be assumed as given in Annexure-VI.
Time duration will be the period from which pump is operated illegally.
In case of illegal extraction of ground water, quantity of discharge as per the meter reading or as calculated with assumptions of yield and time may be used for calculation ofECGw.
Environmental Compensation Rate (ECRGw) for illegal use of Ground Water:
The committee decided that the Environmental Compensation Rate 28 (ECR Gw) for illegal extraction of ground water should increase with increase in water consumption as well as water scarcity in the area. Further, ECR Gw are kept relaxed for drinking and domestic use as compared to other uses, considering the basic need of human being.
As per CGWB, safe, semi-critical, critical and over- exploited areas are categorized from the ground water resources point of view (CGWB, 2017). List of safe, semi- critical, critical and over- exploited areas are available on the website of CGWB and can be accessed from- http://cgwa-
noc.gov.in/LandingPage/NotifiedAreas/Categ orization0fAssessmentUnits.pdf#ZOOM=150 .
Environmental Compensation Rates (ECR G w) for illegal use of ground water (ECR G w) for various purposes such as drinking/domestic use, packaging units, mining and industrial sectors as finalized by the committee are given in tables below:
ECRGw for Drinking and Domestic use:
Drinking and Domestic use means uses of ground water in households, institutional activity, hospitals, commercial complexes, townships etc. Water Consumption (m3/day) SI.
No. Area <2 2 to 5 to 25 &
<5 <25 above
Category Environmental Compensation Rate
(ECRGw) in Rs./m3
1 Safe 4 6 8 10
2 Semi Critical 12 14 16 20
3 Critical 22 24 26 30
4 Over-Exploited 32 34 36 40
Minimum ECGw=Rs 10,000/- (for households) and Rs. 50,000 (for institutional activity, commercial complexes, townships etc.) 29 ECRGw for Packaged drinking water units:
Water Consumption (m3/day)
SI. Area <200 200 to 1000 to 5000
No. Category <1000 <5000 &
above
Environmental Compensation Rate (ECRGw) in Rs./m3 1 Safe 12 18 24 30 2 Semi critical 24 36 48 60 3 Critical 36 48 66 90 4 Over- 48 72 96 120 exploited Minimum ECGw=Rs 1,00,000/-
ECRGw for Mining, Infrastructure and Dewatering Projects SI. Area Water Consumption (m3/day) No Category <200 200 to 1000 to 5000 & <1000 <5000 above Environmental Compensation Rate (ECRGw) in Rs./m3 1 Safe 15 21 30 40 2 Semi critical 30 45 60 75 3 Critical 45 60 85 115 4 Over- 60 90 120 150 exploited Minimum ECGw=Rs 1,00,000/-
ECRGw for Industrial Units:
SI. Area Category Water Consumption (m3/day) No. 200to 5000 <200 1000 to <1000 <5000 & above Environmental Compensation Rate (ECRGw) in 1 Safe 20 30 40 50 2 Semi critical 40 60 80 10 0 3 Critical 60 80 110 15 0 4 Over-exploited 80 12 16 20 0 0 0 Minimum ECGw = Rs 1,00,000/-
4.8 Recommendations The committee has given following recommendations:
The minimum Environmental 30 Compensation for illegal extraction of ground water for domestic purpose will be Rs. 10,000, for institutional/commercial use will be 50,000 and for other uses will be1,00,000.
In case of fixation of liability, it always lies with current owner of the premises where illegal extraction is taking place.
Time duration may be assumed to be one year in case where no evidence for period of installation of bore well could be established.
For Drinking and Domestic use, where metering is not present but storage tank facility is available, minimum water consumption per day may be assumed as similar to the storage capacity of the tank.
For industrial ground water use, where metering is not available, water consumption may be assumed as per the consent conditions. Further, where in case industry is operating without consent, water consumption may be calculated based on the plant capacity (on the recommendation of SPCB/PCC, if required).
SPCB/PCC may bring the issue of illegal extraction of ground water in industries in to the notice of CGWA for appropriate action by CGWA.
Authorities assigned for levy EC and taking penal action are listed below:
31 S. Actions Authority
No.
1. To seal the illegal bore- District Collector
well/tube- well to stop
extraction of water and further closure of project
2. To levy ECGw as per prescribed District Collector, method
3. To levy EC on water pollution, as CPCB/SPCB/PC per the method prescribed in C report of CPCB- "EC on industrial pollution"
4. Prosecution of violator CGWA under EP Act SPCB/PCC under Air and Water Act CGWA may maintain a separate account for collection and utilization of fund, collected through the prescribed methodology in this report.‖ The Tribunal noted that deficit in capacity of liquid waste treatment was 62 percent which was the major source of polluting rivers and water bodies. In the said order, the following directions were issued:-
―21. We may now sum up our directions:
(i) The Environmental compensation regime fixed for industrial units, GRAP, solid waste, sewage and ground water in the report dated 30.05.2019 is accepted and the same may be acted upon as aninterim measure.
(ii) SPCBs/PCCs may ensure
remedial action against non-
compliant CETPs or individual
industries in terms of not having ETPs/fully compliant ETPs or operating without consent or in violation of consent conditions.
This may be overseen by the CPCB. CPCB may continue to 32 compile information on this subject and furnish quarterly reports to this Tribunal which may also be uploaded on its website.
(iii) All the Local Bodies and or the concerned departments of the State Government have to ensure 100% treatment of the generated sewage and in default to pay compensation which is to be recovered by the States/UTs, with effect from 01.04.2020. In default of such collection, the States/UTs are liable to pay such compensation. The CPCB is to collect the same and utilize for restoration of the environment.
(iv) The CPCB needs to collate the available data base with regard to ETPs, CETPs, STPs, MSW facilities, Legacy Waste sites and prepare a river basin-wise macro picture in terms of gaps and needed interventions.
(v) The Chief Secretaries of all the
States/UTs may furnish their
respective compliance reports on this subject also in O.A. No. 606/2018.
List for further consideration on 21.05.2020, unless required earlier. A copy of this order be placed on the file of O.A. No. 606/2018 relating to all States/UTs and be sent to Chief Secretaries of all States/UTs, Secretary MoEF&CC, Secretary Jal Shakti and Secretary, MoHUA.‖ 4 It will be appropriate to note the crisis situation in the country on the subject of availability 33 of potable water. The matter has been considered in the report of Niti Aayog on Composite Water Management Index (CWMI).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 inadequate access to safe water7. 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 GDP8. 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 people9 are facing acute water shortages. Critical groundwater resources - which account for 40% of our water supply - are being depleted at unsustainable rates.1 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 ground water wells are declining, and 21 major cities are expected to run out of 1 Source: World Resource Institute 34 groundwater as soon as 2020, affecting ~100 million people2.
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 diarrhoeal 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 cholera3
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 year20134 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 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 2 Source: UN Water, 'Managing water under uncertainty and risk', 2010; World Bank (Hindustan Times, The Hindu).
3https://www.indiaspend.com/diarrhoea-took-more-lives-than-any-other-water-borne-
disease-in-india-58143/ 4 http://pib.nic.in/newsite/PrintRelease.aspx?relid=106612 35 Treatment Plants (CETPs), Sewage Treatment Plants (STPs), and adopting other anti- pollution measures, satisfactory situation has not been achieved. As per CPCB's report 201614, 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.
xxx...........................xxx ................................ xxx
37. Vide the order dated11.09.2019, in Original Application No.06 / 2012, dealing with river Yamuna, the Tribunal observed as follows:
―12.OneofthemajorconcernsofthisTr ibunalisthat repeated directions remain un-complied and inspite of large scale failures, no accountability is fixed. There is huge loss to public exchequer for which no action is taken. Timelines are conveniently and unilaterally changed. Officers indulge in blame game in shifting responsibility from one to another. There is failure at higher levels in monitoring and taking actions. If this continues, it is difficult to expect any positive change for long. This requires paradigm shift in approach adopted so far. The approach to be adopted is to have clear time-
bound plan with flexibility and due to accountability for failure by way of departmental action and 36 monetary compensation. The rescheduled timelines have to be compressed so as to complete every action by December, 2020 except where shorter timelines are specified in this order or are otherwise possible. If any contract permits longer timeline, it is clearly in violation of binding orders of the Tribunal which has attained finality.
Violation thereof is per se criminal offence. Such longer timeline has to be consistent with orders of the Tribunal and
compressed within 31.12. 2020.
Failing to do so may invite criminal prosecution NMCG may also monitor the compliance. The Chief Secretaries of Delhi, Haryana and U.P. have to personally see the compliance and have to set up Monitoring Cell directly under them. Vice Chairman, DDA can also monitor and coordinate with Chief Secretary, Delhi. All other departments can monitor subject to overall directions of the Chief Secretaries. This can avoid shifting of responsibilities once ownership is with highest authorities in the State. Monthly review reports may be shared with the Monitoring Committee and also placed on websites of concerned States. Failure and successes of the individual involved may be specifically 37 recorded and reflected in service record of the concerned officer. Stock taking may be done by the Chief Secretaries of the failure and successes so far and appropriate actions be initiated against those who have been responsible for the failure. Nodal Officers may be identified in respect of different projects clearly defining the responsibilities. Wherever there is misappropriation of funds, criminal case has to be registered. Posting of Officers entrusted with the responsibility may be reviewed from time to time depending on their responsibility. Procedure for giving of contracts may be shortened and standardized at State level and if possible at National level by NMCG and CPCB. Giving of contracts should be based on successful credentials instead of mere lowest rates. Pollution load at entry and exist point of each concerned State may or at entry points of each drains need to be recorded periodically. The Chief Secretaries of Delhi, Haryana and U.P. may furnish action taken reports in this regard at the time of their personal appearance before this Tribunal in O.A.606/2018.38
(i) Identification of polluting sources including drains contributing to river pollution
(ii) Map showing Polluted River, its tributaries, drains, major towns, industrial estates, location of STPs/CETPs
(iii) Functioning status of STPs/ETPs/CETPs and solid waste management and processing facilities in the catchment area of the identified polluted river stretch;
(iv) Detailed gap analysis
w.r.t town-wise water
consumption (including
ground water
consumption), sewage
generation, existing
infrastructure in the
catchment area and the
gap analysis;
(v) Detailed gap analysis w.r.t
industrial water
consumption, wastewater
generation, existing
infrastructure for
treatment of industrial
effluent (both captive
ETPs/CETPs and their
performance assessment),
gap analysis;
(vi) Quantification and
characterisation of waste
(such as solid waste,
industrial hazardous
39
waste, bio-medical waste,
E- Waste), STP sludge
management, existing
infrastructure and
detailed gapanalysis;
(vii) Latest water quality of
polluted river, its
tributaries, drains with
flow details and ground
water quality in the
catchment of pollutedriver;
(viii) Aspects such as ground
water extraction,
adopting good irrigation
practices, protection and
management of Flood
Plain Zones (FPZ), rain
water harvesting, ground
water charging,
maintaining minimum
environmental flow of
river (by having watershed
management provisions),
plantation on both sides
of the river, setting up
biodiversity parks on
flood plains by removing
encroachment., proper
interception and diversion
of sewage carrying drains
to Sewage Treatment
Plant (STP), upgradation
of existing sewage
treatment plants if not in
a position to comply with
effluent discharge norms,
emphasis on utilization of
treated sewage so as to
minimize extraction of
40
ground or surface water
be included
(ix) Speedy, definite or specific
timelines for execution of
action plans and the
estimated budget
including the monitoring
agency
(ix) Achievable goals with
specific timelines for
restoration of water
quality of polluted rivers.
(x) Organisation - wise action
plans with timelines and
the estimated budget for
implementation of action
plans.
State-wise Identified Polluted Rivers and the Status of Action Plans received by CPCB in compliance to Hon'ble NGT Orders dated 20.09.2018, 19.12.2018 and08.04.2019 in OA No. 673 of 2018 (as on 07.11.2019) Priority I Priority II Priority -- Ill to V Identified Identified Polluted Identified Total No. Polluted River River stretches Polluted River Name of the of stretches stretches Total Action State / UT Identified Action Action Action Plans Polluted No. of Plans No. of P- Plans No. of Plans Received River P-I received II PRS received P-III to received stretches PRS w.r.to w.r.to V w.r.to (PRS) P-I P-II P-III to V Andhra 5 0 0 0 0 5 5 5 Pradesh Assam 44 3 3 1 1 40 40 44 Bihar 6 0 0 0 0 6 6 6 Chhattisgarh 5 0 0 0 0 5 5 5 DD & DNH 1 1 1 0 0 0 0 1 Delhi 1 1 1 0 0 0 0 1 Goa 11 0 0 0 0 11 11 11 Gujarat 20 5 5 1 1 14 14 20 Haryana 2 2 2 0 0 0 0 2 Himachal 7 1 1 1 1 5 5 7 Pradesh J&K 9 0 0 1 1 8 8 9 Jharkhand 7 0 0 0 0 7 7 7 Karnataka 17 0 0 0 0 17 17 17 Kerala 21 1 1 0 0 20 20 21 41 Madhya* 22 3 3 1 1 18 18 22 Pradesh Maharashtra 53 9 9 6 6 38 38 53 Manipur 9 0 0 1 1 8 8 9 Meghalaya 7 2 2 0 0 5 5 7 Mizoram 9 0 0 0 0 9 9 9 Nagaland 6 1 1 0 0 5 5 6 Odisha 19 1 1 0 0 18 18 19 Puducherry 2 0 0 0 0 2 2 2 Punjab 4 2 2 0 0 2 2 4 Rajasthan 2 0 0 0 0 2 2 2 Sikkim 4 0 0 0 0 4 4 4 Tamil Nadu 6 4 4 0 0 2 2 6 Telangana** 8 1 1 2 2 5 5 8 Tripura 6 0 0 0 0 6 6 6 UP 12 4 4 0 0 8 8 12 Uttarakhand 9 3 3 1 1 5 5 9 West Bengal 17 1 1 1 1 15 15 17 Grand Total 351 45 45 16 16 290 290 351 Note:-
* MP State have submitted one combined action plan for river Kolar & River Kaliasot ** Telangana State submitted one action plan for river Manjeera & River Nakkavagu State-wise status of action plans received and the action plans approved by CPCB Task Team w.r.to Priority I & Priority II Polluted Rivers (as on 07.11.2019) NAME OF THE Total Identified Identified Identified No. of Action Total Action STATE/UT Polluted River PS PRS Action Plans Not Plans Stretches (PRS) Priority-II Priority-II Plans Approved Approved Priority- Received I&PriorityII ASSAM 4 3 1 4 - 4 DAMAN, DIU AND DADRA NAGAR 1 1 0 1 - 1 HAVELI DELHI 1 1 0 1 1 0 GUJARAT 6 5 1 6 - 6 HARYANA 2 2 0 2 - 2 HIMACHAL 2 1 1 2 - 2 PRADESH JAMMU & 1 0 1 1 - 1 KASHMIR KERALA 1 1 0 1 - 1 MADHYA 4 3 1 4 - 4 PRADESH MAHARASHTRA 15 9 6 15 - 15 MANIPUR 1 0 1 1 - 1 MEGHALAYA 2 2 0 2 - 2 NAGALAND 1 1 0 1 - 1 ODISHA 1 1 0 1 - 1 PUNJAB 2 2 0 2 - 2 TAMIL NADU 4 4 0 4 - 4 TELANGANA 3 1 2 3 - 3 UTTAR PRADESH 4 4 0 4 - 4 UTTARAKHAND 4 3 1 4 - 4 WEST BENGAL 2 1 1 2 - 2 TOTAL 61 45 16 61 01 60 42 State-wise & River-wise recommendations of Task Team - Action Plans for Restoration of Identified Polluted River Stretches- as per Hon'ble NGT Orders dated 20.09.2018, 19.12.2018 & 08.04.2019 ( Status as on 07.11.2019) STATE RIVER NAME Status BHARALU Recommended subjected to conditions ASSAM BORSOLA Recommended subjected to conditions SILSAKO Recommended subjected to conditions SORUSOLA Recommended subjected to conditions DAMAN, DIU AND DADRA NAGAR HAVELI DAMANGANGA Recommended subjected to conditions DELHI YAMUNA Not Recommended AMLAKHADI Recommended subjected to conditions BHADAR Recommended subjected to conditions GUJARAT BHOGAVO Recommended subjected to conditions KHARI Recommended subjected to conditions SABARMATI Recommended subjected to conditions VISHWAMITRI Recommended subjected to conditions HARYANA GHAGGAR Recommended subjected to conditions YAMUNA Recommended subjected to conditions SUKHANA Recommended subjected to conditions HIMACHAL PRADESH MARKANDA Recommended subjected to conditions JAMMU & KASHMIR DEVIKA Recommended subjected to conditions KERALA KARAMANA Recommended subjected to conditions CHAMBAL Recommended subjected to conditions MADHYA PRADESH KHAN Recommended subjected to conditions KSHIPRA Recommended subjected to conditions BETWA Recommended subjected to conditions MAHARASHTRA GODAVARI Recommended subjected to conditions KALU Recommended subjected to conditions KUNDALIKA Recommended subjected to conditions M ITH I Recommended subjected to conditions MORNA Recommended subjected to conditions MULA Recommended subjected to conditions MUTHA Recommended subjected to conditions NI RA Recommended subjected to conditions VEL Recommended subjected to conditions BHIMA Recommended subjected to conditions INDRAYANI Recommended subjected to conditions MULA-MUTHA Recommended subjected to conditions PAWANA Recommended subjected to conditions WAINGANGA Recommended subjected to conditions WARDHA Recommended subjected to conditions MANIPUR NAMBUL Recommended subjected to conditions MEGHALAYA UMKHRAH Recommended subjected to conditions UMSHYRPI Recommended subjected to conditions NAGALAND DHANSIRI Recommended subjected to conditions ODISHA GANGUA Recommended subjected to conditions PUNJAB GHAGGAR Recommended subjected to conditions SUTLEJ Recommended subjected to conditions CAUVERY Recommended subjected to conditions SARABANGA Recommended subjected to conditions TAMIL NADU THIRUMANIMUTHAR Recommended subjected to conditions 43 VAS I STA Recommended subjected to conditions TELANGANA MUSI Recommended subjected to conditions MANJEERA Recommended subjected to conditions NAKKAVAGU Recommended subjected to conditions UTTAR PRADESH HINDON Recommended subjected to conditions KALINADI Recommended subjected to conditions VARUNA Recommended subjected to conditions YAMUNA Recommended subjected to conditions BHELA Recommended subjected to conditions UTTARAKHAND DHELA Recommended subjected to conditions SUSWA Recommended subjected to conditions KICHHA Recommended subjected to conditions WEST BENGAL VINDHADHARI Recommended subjected to conditions MAHANANDA Recommended subjected to conditions With respect to Priority -- III to V polluted river stretches, action plans for 282 out of 290 polluted river stretches have been submitted to CPCB. Kerala (07) and Madhya Pradesh (01) have not submitted.
xxx.......................xxx..............................xxx
45. It is observed that the report of the CPCB has focused only on BOD and FC. It has not taken other parameters for analysis such as pH, COD, DO and other recalcitrant toxic pollutants having tendency of bio magnification. Further, monitoring gaps in terms of number of stations have to be identified, upgraded and upscaled so to cover upstream and downstream locations of major discharges to the river. In this view of the matter, CPCB may also ascertain whether there are any other rivers falling in the category of polluted river stretches.
46. The report of CPCB shows the status of compliance. As already noted, the action plans have been prepared with respect to 351 river stretches by the concerned States/UTs with regard to category P-I & P-II (the most polluted river stretches), the action plans have been duly recommended by CPCB with certain changes. The said action plans are reported to be complete with respect to necessary components for river 44 rejuvenation including identification of drains, their interception, setting up of STPs, utilization of treated water, identification of flood plain zones, maintaining e-flow, etc. Let the same be executed by 31.03.2021 as already directed. No case is made out to extend the laid down timeline unconditionally. As noted earlier, situation of water pollution is grim in the country and there has been deterioration inspite of the Water Act which was enacted way back in 1974 which was intended to bring about any improvement. This Tribunal has repeatedly put all authorities to notice in the light of earlier orders of the Hon'ble Supreme Court on the subject. Directions were also issued for budgetary support as part of the action plans which has been done in indicative terms. There can be no plea of lack of funds on issue threatening the existence of human beings. We have thus no option except to be strict about the timelines already laiddown. We are also of the view that adherence to the timelines must be monitored by the Chief Secretaries of all the States/UTs and should also be monitored at National level by the Secretary, Ministry of Jal Shakti with the assistance of NMCG and CPCB. For this purpose, a meeting at central level must be held with the Chief Secretaries so fall the States/UTs at least once in a month (option of video conferencing facility is open) to take stock of the progress and to plan further action. NMCG will be the nodal agency for compliance andmaygiveits quarterly report to this Tribunal commencing from 01.04.2020. The Chief Secretaries may set up appropriate monitoring mechanism at State level specifying accountability of nodal authorities not below the secretary level and ensuring appropriate adverse entries in the ACRs. Monitoring at State level must take place on fortnightly basis and record of progress maintained. The Chief Secretaries may have an accountable person 45 attached in his office for this purpose. Monthly progress report may be furnished to Secretary, Ministry of Jal Shakti with a copy to CPCB. Steps for in situ remediation as an interim measure may be ensured as directed above as per laid down timeline. Any default must be visited with serious consequences at every level, including initiation of prosecution, disciplinary action and entries in ACRs of the erring officers. As already mentioned, procedures for DPRs/tender process needs to be shortened and if found viable business model developed at central/state level. Wherever work is awarded to any contractor, performance guarantee must be taken in above terms.
CPCB may after scrutiny finalize the action plans relating to P-III and P-IV also as has been done for P-I and P-II on or before 31.03.2020. This will not be a ground to delay the execution of the action plans prepared by the States which may start forthwith, if not already started.
13. Directions in order dated 06.12.2019:
―XII. Directions:
47. We now sum up our directions as follows:
i. 100% treatment of sewage may be ensured as directed by this Tribunal vide order dated 28.08.2019 in O.A. No. 593/2017 by 31.03.2020 at least to the extent of in-situ remediation and before the said date, commencement of setting up of STPs and the work of connecting all the drains and other sources of generation of sewage to the STPs 46 must be ensured. If this is not done, the local bodies and the concerned departments of the States/UTs will be liable to pay compensation as already directed vide order dated 22.08.2019 in the case of river Ganga i.e. Rs. 5 lakhs per month per drain, for default in in-situ remediation and Rs. 5 lakhs per STP for default in commencement of setting up of the STP.
ii. Timeline for completing all steps of action plans including completion of setting up STPs and their commissioning till 31.03.2021in terms of order dated 08.04.2019 in the present case will remain as already directed. In default, compensation will be liable to be paid at the scale laid down in the order of this Tribunal dated 22.08.2019 in the case of river Ganga i.e. Rs. 10 lakhs per month per STP.
iii. We further direct that an
institutional mechanism be
evolved for ensuring
compliance of above directions.
For this purpose, monitoring may be done by the Chief Secretaries of all the States/UTs at State level and at National level by the Secretary, Ministry of Jal Shakti with the assistance of NMCG and CPCB.
47iv. For above purpose, a meeting at central level must be held with the Chief Secretaries of all the States/UTs at least once in a month (option of video conferencing facility is open) to take stock of the progress and to plan further action. NMCG will be the nodal agency for compliance who may take assistance of CPCB and may give its quarterly report to this Tribunal commencing01.04.2020.
v. The Chief Secretaries may set
up appropriate monitoring
mechanism at State level
specifying accountability of
nodal authorities not below the Secretary level and ensuring appropriate adverse entries in the ACRs of erring officers.
Monitoring at State level must take place on fortnightly basis and record of progress maintained. The Chief Secretaries may have an accountable person attached in his office for this purpose.
vi. Monthly progress report may be furnished by the States/UTs to Secretary, Ministry of Jal Shakti with a copy to CPCB. Any default must be visited with serious consequences at every level, 48 including initiation of prosecution, disciplinary action and entries in ACRs of the erring officers.
vii. As already mentioned,
procedures for DPRs/tender
process needs to be shortened
and if found viable business
model developed at
central/state level.
viii. Wherever work is awarded
to any contractor,
performance guarantee must
be taken in above terms.
ix. CPCB may finalize its
recommendations for action
plans relating to P-III and P-IV as has been done for P-I and P-II on or before 31.03.2020.
This will not be a ground to delay the execution of the action plans prepared by the States which may start forthwith, if not already started.
x. The action plan prepared by the Delhi Government which is to be approved by the CPCB has to follow the action points delineated in the order of this Tribunal dated 11.09.2019 in O.A. No.06/2012.
49xi. Since the report of the CPCB has focused only on BOD and FC without other parameters for analysis such as pH, COD, DO and other recalcitrant toxic pollutants having tendency of bio magnification, a survey may now be conducted with reference to all the said parameters by involving the SPCB/PCCs within three months. Monitoring gaps be identified and upgraded so to cover upstream and downstream locations of major discharges to the river. CPCB may file a report on the subject before the next date by e-mail atjudicial-
xii. Rivers which have been identified as clean may be maintained.‖ (emphasis supplied)
14. Directions in order dated 29.06.2020:
"XII. Directions:
45.We reiterate our directions in order dated 6.12.2019 in the present matter, reproduced in Para 38 above, read with those in order dated 21.5.2020 in OA 873/2017 and direct CPCB and Secretary, Jal Shakti to further monitor steps for enforcement of law meaningfully in accordance with the directions of the Hon'ble Supreme Court and this Tribunal.
The monitoring is expected with reference to ensuring that no pollution is discharged 50 in water bodies and any violation by local bodies or private persons are dealt with as per mandate of law as laid down in orders of the Hon'ble Supreme Court and this Tribunal without any deviation from timelines. The higher authorities must record failures in ACRs as already directed and recover compensation as per laid down scale. Every State/UT in the first instance must ensure that at least one polluted river stretch in each category is restored so as to meet all water quality standards up to bathing level. This may serve as a model for restoring the remaining stretches.‖ Annexure-2 is reproduced below:-
Table-1: Details of Existing Sewage Infrastructure in the 31 States/UTs Gap in Sewage Existing STP Capacity Treatment at No. State Generation (in (capacity in MLD Utilization(In present ( in MLD) and No.) MLD) MLD) 1 Andhra Pradesh 1384 515.45 - 868.55 2 Assam 703 0 0 703 3 Bihar 651.5 40 (2 STPs) 22 (55%) 611.5 4 Chhattisgarh 600 73.1 (3 STPs) 6 (8.2%) 526.9 Daman, Diu And 5 Dadra Nagar 20.5 17.21 (2 STPs) 5.2 (30%) 3.29 Haveli 6 Delhi 3273 2714 (35 STPs) 2455 (90%) 559 7 Goa 165 78.35 (9 STPs) 46.6 (59%) 86.65 8 Gujarat 3765 3378 (70 STPs) 2812 (83%) 387 9 Haryana 1454 1767 1466 (82%) -
Himachal 10 102.8 86.9 55.1 (63%) 15.9 Pradesh Jammu & 11 970 126.80 (11 STPs) 80.70 (63%) 843.2 Kashmir 12 Jharkhand 700 131 (19 STPs) 75 (57%) 569 13 Karnataka 3356.5 2561 (142 STPs) 1704 (66%) 795.5 51 14 Kerala 3759.28 124.135 (11 STPs) 81.325 (65%) 3634.935 Madhya 15 2183.65 690.76 (25 STPs) 524.24 (75%) 1492.89 Pradesh 16 Maharashtra 9757 7746 (137 STPs) 4013 (51%) 2011 17 Manipur 114.054 27 (1 STP) 8 (29%) 87.05 18 Meghalaya 87.91 0 0 87.91 19 Mizoram 80 10 (1 STP) 0 70 20 Nagaland 44.3 25.4 (1 STP) 0 18.9 21 Odisha 439.49 91 (5 STPs) 70 (76%) 348.49 22 Puducherry 84 56 30 (52%) 28 Consideration of CMC and OC reports
23. The CMC report states that it addressed communication to all the Chief Secretaries and explained Hybrid Annuity Model (HAM) based PPP projects, One City One Operator (OCOO) concept, as implemented for sewerage intervention projects under Namami Gange programme as well as Faecal Sludge and Septage Management (FSSM) concept. The business model for liquid waste management has in-built mitigation mechanism against time &cost overrun, improper design, sub-optimal operation and failure to meet the performance standards. As a business model, HAM enables the Urban Local Body/ State Government to fund the development and operation of sewage treatment infrastructure taking into account the future flow of revenue. States were also facilitated by holding a Webinar on ―Mainstreaming Faecal Sludge & Septage Management in Ganga Basin‖, which was attended by officials from almost all the States. The Webinar also included a session on experience of Odisha which has taken up FSSM extensively, besides initiatives taken by NMCG in these directions. States were urged to consider the implementation of FSTPs and/ or co- treatment of faecal sludge in existing STPs, in all towns wherever feasible, so that dumping of the faecal sludge in water bodies/ land and thereby polluting them, can be avoided. The States/UT Administrations were specifically requested to ensure that at least one polluted river 52 stretch in each category is restored to meet all water quality standards up to bathing level as ordered by this Tribunal. This may serve as a ―model‖ with a view to replicate the efforts for restoring the remaining stretches. States have failed to report reasons for delaying rounding the projects as well identification of officials responsible for the delays. The necessary reporting from the States is being taken up and will be followed up in future review meetings.
26. While dealing with the control of pollution of River Ganga, the Tribunal noted that following action points for monitoring:
i. Setting up of STPs, Interception and Division (I&D) of drains and preventing untreated sewage and effluents ii. Use of treated water iii. Use of sludge manure iv. Status of septage management v. Compliance in relation to industries vi. Installation of STPs/treatment facilities in Hotels/Ashrams and Dharmshalas. vii. Water quality monitoring of river Ganga and its tributaries.
viii. Maintenance of environmental flow in river Ganga.
ix. Disposal of Bio-medical waste. x. Compliance of Solid Waste Management (SWM) Rules,2016.
xi. Preparation of maps and zoning of flood plains. xii. Mining activity under supervision of the concerned authorities.
xiii. Action against identified polluters, law violators and officers responsible for failure for vigorous monitoring.
53"Table 3: Details of on-going projects No. State Completion By January 2021- April 2021- January 2022- Beyond March 2021 December 2021 June 2022 June 2022 2 STPs of 7 29 STPs of 328.4 1 STP of 123 1 Andhra Pradesh MLD MLD MLD 15 MLD STP Bihar 12 projects of 355.5 MLD. Revised timeline to be provided 2 3 Chhattisgarh - 6 STPs of 238 - -
MLD Daman, Diu And 4 Dadra Nagar Haveli - - - -
1 STP of 318 STPs of 5 Delhi - MLD (new) - 950.8 MLD 3 STPs of 43 5 STPs of35.5 MLD - work 6 Goa MLD including not started sewernetworks due to issues by locals.
7 Gujarat 23 STPs of 44 STPs of 4 STPs of 10 STPsof 426.72 MLD 571.68 MLD 116.6 125.4MLD MLD 15 STPsof 19 STPs of 2 STPs of 45 2 STPs of 8 Haryana 59.45MLD 168.75 MLD MLD 180 MLD Himachal Pradesh 5 STPs of 26 10 STPs of 7.9 6 STPs of 6.1 5 STPs of 9 MLD MLD MLD 8.26 MLD 10 Jammu & 2 STPs of 61.2 4 STPs of 17.6 4 STPs of 13.21 -
Kashmir MLD MLD MLD
11 Jharkhand - 3 STPs of 89 - -
MLD
12 Karnataka 21 STPs of 9 STPs of 197.3 21 STPs of 4 STPs of
427.17 MLD MLD 115.67 MLD 16.07 MLD
Kerala STP/ETP/FSTP STP of 0.01 MLD
13 of 0.331 MLD
Madhya Pradesh 15 STPs of 2 STPs of 22.25 19 STPs of
14 212 MLD 212.5
MLD MLD
15 Maharashtra 10 STPsof 5 STPs of 110.26 2 STPs of 13 -
141.5MLD MLD MLD
16 Manipur - - 2 STPs of 17 -
MLD
115 KLD
17 Meghalaya Septage
Treatment Plant
18 Mizoram Sewer - - -
sewer
19 Nagaland connections in - -
20 Odisha 2 STPs of 56 48 MLD STP - -
MLD
6 STPs of 27.5 12 STPs of 49.2 4 STPs of 67.5 8 STPs of
22 Punjab MLD MLD MLD 109 MLD
23 Rajasthan 29 STPs of 15 STPs of 113.5 4 STPs of 59.5 12 STPs of
126 MLD MLD 141
MLD MLD
24 Sikkim 2 STPs of 3 - - 3.25 MLD
MLD STP
25 Tamil Nadu 18 STPs of 244 8 STPs of 203.46 6 STPs of 450.53 16.71 MLD
MLD MLD MLD STP
26 Telangana 2 STPs of 12 STPs of 73.96 3 STPs of 120 -
16.45 MLD MLD MLD
27 Tripura - - 8 MLD STP -
54
28 Uttarakhand 3 STPs of 8.9 3 STPs of 23.7 1 STP of 28
MLD MLD MLD
29 Uttar Pradesh 6 STPs of 21 STPs of 7 STPs of 161.5 3 STPs of 80
122.01 MLD 523.55 MLD MLD MLD
1 STP of 24 4 STPs of 47.75 6 STPs of 271.5
30 West Bengal MLD MLD MLD -
Total (except Bihar) 163 STPs of 214 STPs of 93 STPs of
1989.211 MLD 3187.77 MLD 1828.61 MLD 1688.49
MLD
Table-9: Status of Model Rivers Identified by State No. State Model River Identified 1 Andhra Pradesh -
2 Assam Digboi River 3 Bihar Harbaura River 4 Chhattisgarh -
5 Daman, Diu And Dadra Nagar Haveli Damanganga 6 Delhi Yamuna 7 Goa Sal River 8 Gujarat Sabarmati River 9 Haryana Both Yamuna & Ghaggar 10 Himachal Pradesh Beas River 11 Jammu & Kashmir -
12 Jharkhand Swarnrekha River 13 Karnataka Tungabhadra River 14 Kerala -
15 Madhya Pradesh Khan River 16 Maharashtra Chandrabhaga River 17 Manipur Nambul River 18 Meghalaya Nonbah River 19 Mizoram -
20 Nagaland Chathe River 21 Odisha Kathajodi river 22 Puducherry Sankarabarani River 23 Punjab Beas River 24 Rajasthan -
25 Sikkim Maney Khol River 55 26 Tamil Nadu Bhavani River 27 Telangana -
28 Tripura Haora River 29 Uttarakhand Ganga River 30 Uttar Pradesh -
31 West Bengal Karola River XI Reutilization of Treated water Acknowledging the importance of safe reuse of treated waste water (SRTW) in India as well as prioritizing the same in planning and management due to rapid urbanisation and increased wastewater generation and also with an aim towards increased water security, the action plan for Reuse of Treated Waste Water has been undertaken at national level in Ministry of Jal Shakti. The introduction of the concept of SRTW into water resource strategies and policies could provide additional resources for multiple uses and water security for fast growing cities, industry, agriculture and the environment. So far, India has no national policy regarding SRTW, except for a few State policies viz., Gujarat, Maharashtra, Tamil Nadu and Haryana. Accordingly, National Mission for Clean Ganga Ministry of Jal Shakti in collaboration with the Indo-German „Support to Ganga Rejuvenation‟ project (GIZ-SGR) and the India-EU Water Partnership (IEWP) has initiated formulation of National Policy on Safe Reuse of Treated Water (SRTW). The policy development is based on a comprehensive consultation process by engaging relevant stake holders under a dedicated steering group. The stakeholders involved included MoEF&CC, MoHUA, industries, ULBs and representations from pioneering States (Maharashtra, Gujarat, Haryana, UP). The policy development process is 56 supported by European and national experts bringing in best international practice.
Based on extensive consultations during various Consultation meetings, 1st Draft Working document has been prepared. Further consultation for finalisation of National Policy is underway.
State-wise details of re-utilization of treated water as reported by the State is provided in Table-11 below.
Table-11: Status of Re-utilisation of Treated Water by States State Status Andhra 321.81 MLD of treated wastewater is being reused. Pradesh Assam Being done by P&RD Department for rural areas. No further details provided.
Bihar Treated sewage water of STP having capacity 100 MLD or above will be used by Water Resource Department and less than 100 MLD will be used by Minor Water Resource Department for agriculture purposes. Chhattisgarh Treated waste water will be utilized after the completion of construction of STPs.
DDDNH Treated water is used daily for road washing, horticulture, soil compaction, irrigation etc. Delhi 90 MGD is being used for various purposes e.g. horticulture, irrigation, DTC depot etc. Goa Part utilization has been proposed for (i) release of STP-treated water at Colva into Sal-river so as to maintain the flow, (ii) flushing of St. Inez creek,
(ii) Municipal gardening,
(iii) social forestry,
(iv) private plantation,
(v) dust- suppression measures etc. Gujarat Gujarat Government has framed Policy for Reuse of Treated Waste Water (TWW) wherein targets have been set for use of 70% of the treated wastewater by 2025 and 100% of treated wastewater by 2030. 643 MLD of treated waste water is used by MC and Municipalities.
Haryana State has prepared a draft policy for resuse of treated waste water and an action plan for reuse of treated sewage and as per the plan, approx. 80% of treated sewage will be reutilized by 2024-2025. Treated waste water will be used for the farming purpose.
Himachal JSVisprovidingfacilityforbulkwateruseratalltheSTPstoenabledrawing the Pradesh effluent for reuse. Jammu and Reuse of Treated Water through Pumping Plant with Rising Mainto Kashmir Railway Station Katra for cleaning and washing purpose, Horticulture
purpose at Air force station, at Army Unit for cleaning and washing purpose have been proposed.
57Jharkhand Water will be used for irrigation, fish farming, landscaping, cooling water for power plants and oil refineries, toilet flushing, public parks, dust control, artificial lakes, construction etc. Karnataka Quantity of treated water reused in Bengaluru = 427.5 MLD; other than Bengaluru = 106.65 MLD. It is to be used for recharge of lakes, use in industrial establishments, by horticulture departments, used in gardening etc. Kerala Utilization of the treated effluent for irrigation, gardening, industries, construction and recharge are being explored. Madhya At present 84.96 MLD of treated water is being used or Pradesh irrigation/gardening purpose (including STP of 35 MLD, Bhopal under AMRUT scheme) Maharashtra TheInfrastructureProjectsaremandatedbyMPCBtorecycle60%oftreated sewage for secondary use by providing duel pipeline for different class of users like Thermal Power Plants, Industrial Units, Construction activities, non-potable municipal uses, Agriculture-Irrigation, etc. depending on its availability.
Manipur No information provided.
Meghalaya Stand-alone ETPs are operational in260number of hotels/guesthouse/health care centers /Industries and treated wastewater are reuse for gardening/cleaning purpose. Mizoram Action Plan for sewage treatment including recycle and reuse of treated waste water was submitted to the State Govt. Nagaland Treated water is to be used for agricultural farms, sprinkling the road construction sites, flushing/cleaning of the sewage drains Orissa 806 MLD treated industrial wastewater are being recycled/ reused in the process or being utilized for plantation/ irrigation purposes. Bulk users have been identified for utilization of treated water for the STPs under commissioning.
Puducherry 15.3 MLD treated wastewater is been in use for Industrial usage, Silk cotton trees, Coconut Plantation, Construction activities, Watering the road side plantation Punjab The Government of Punjab has Notified "The State Treated Waste Water Policy 2017" to promote recycling and reuse of treated sewerage for non- potable applications. Till date, 47 number projects have been completed by Department of Soil & Water Conservation, Punjab for using 243.3 MLD treated wastewater of STPs. These projects have been implemented by laying underground pipeline system for irrigation water conveyance covering an area of7652 hectares. The Department further proposes to utilize 1238.8 MLD of treated wastewater from 164 existing, under progress and proposed/new STPs for irrigation purposes for an agricultural area of 37,683 hectares. Others relevant Departmentsarealsoexploringvariousoptionstopromoteutilizationofthe treated wastewater of STPs for non-potable use such as domestic use, construction activities, industrial processes, urban landscaping &green belts, etc. Rajasthan No information provided.
Sikkim Treated effluent is to be utilized in cooling towers, irrigation of green belt, evaporation or flushing purposes.
58Tamil Nadu Tamil Nadu Government has notified Promotion of Use of Treated Waste Water policy during December 2019 to maximize the collection &treatment of sewage generated and reuse of treated waste water on a sustainable basis, thereby reducing dependency on fresh water resources. At present Memorandum of Understanding (MoU) has been executed between the ULB and the user agency for the re-use of secondary treated effluent water (STEW).80.5MLD of treated waste water is being reused for cooling purpose, Agricultural use to farmers association, MRF Industrial use, to maintain the TDS level of Tanners for Agro- forestry etc. Some of details are given in Table-11.1 below.
S. Name of the Quantity Usage/ Purpose
No ULB (in MLD)
1 Nagapattinam 2.00 M/s KVK Power for cooling
purpose
2 Dindugul 5.00 To maintain the TDS level of
Tanners as well for Agro-
forestry.
3 Tirunelveli 24.00 Nanguneri SEZ for
Industries
4 Perambalur 3.00 MRF Industrial use
5 Ramanathapur 3.00 NTC Infra
am
6 Coimbatore 15.00 Agricultural use to
farmers association
7 Pollachi 11.50 Agricultural use to
farmers association
8 Chinnamannur 3.00 Agricultural use
9 Karur 7.00 Agricultural use
1 Arakkonam 7.00 MRF Industrial use
0
As per the Policy, following is proposed.
The treated wastewater is to be utilized for eco- parking, greenery development and avenue plantation and the remaining will be disposed into the river after meeting the standards.
Industries having ZLD system are reusing the treated wastewater in the process.
Domestic grey water has been recharged into the ground through Individual soak pit constructed at individual households and filtered grey water from community soak pits are being utilized for agricultural purpose in Rural areas.
Telangana Govt. of Telangana has released a policy for reuse of the treated water. 56 MLD has been reused.
Tripura AMC is using treated waste water from the Barjala (Near Lankamura) STP for watering of gardens & open space in Agartala city, road watering in dry seasons, irrigation of agricultural fields etc. Uttar No information provided.
Pradesh Uttarakhand Treated water of 95 MLD capacity at Jagjeetpur is used for irrigation through canal system.
59West Bengal Treated Wastewater Re-use Policy of Urban West Bengal has been notified by Urban Development & Municipal Affairs Department of Government of West Bengal in June‟2020. Department has identified Kalyani Town as a model for resue of the treated water generated at Kalyani STP under KMDA. DPR is under preparation.
To address the huge gap in generation and treatment of waste, requisite number of treatment plants need to be in place at the earliest, including modular STPs wherever necessary. The plants already set up need to be functional and compliant. The ongoing projects have to be completed within the stipulated timelines. Pending such treatment interim measures for phyto/bio- remediation needs to be taken to ensure compliance of the provisions of theWater Act prohibiting discharge of any contaminant in water bodies.
Thus, huge water pollution is taking place as per official data with no effective adverse action against polluters, though it is crime under the law of land in the same way as homicide and assault. Pollution is resulting in deaths and diseases but with no punishment and no protection to the victims posing serious threat to rule of law requiring protection of innocent and punishment of guilty by the State. Emergent and stringent measures are necessary for discharge of Constitutional duties by the States concerned otherwise it is tolerating and ignoring lawlessness. Repeated directions to shorten tendering/DPR procedures have remained uncomplied as also fixing accountability of officers responsible for the situation.
25 Thus, further action is required in mission- mode at all levels to discharge constitutional obligation of providing pollution free environment and also to protect public health. Scarce sources of drinking water and irrigation are required to be 60 maintained free from contamination. This is basic constitutional obligation of the authorities under the Constitution being linked to ‗Right to Life'. Without this being done in a meaningful manner, there can be no sustainable development. There is need for stringent enforcement by way of adverse measures, including recovery of compensation for continuing violation and adverse entries in the record of defaulting officers. Accountability for those who are entrusted the responsibility to comply with these directions must be fixed on the principle of good governance to enforce rule of law to protect rights of citizens.
26 We find that the river water quality has been analyzed without taking into account one of the major components of river pollution i.e. fecal coliform. The river water quality is declared ‗fit for bathing' only with reference to BOD, without concern of the fecal coliform, which does not represent true picture and such course is thus against the law. This may be duly remedied. There is need for compiling an annual progress report in terms of improvement of water quality by reducing pollution load. The progress should be evaluated depending on extent of reduction of pollution load, in comparison to the earlier period. Such annual progress report must be put in public domain and appropriate action taken for inadequate progress after finding out the persons responsible for such failure and other causes ,if any. Adequate number of monitoring stations need to be installed in a time bound manner for the purpose of monitoring water quality.
27 One major step for monitoring is compiling data in transparent manner. The Tribunal has already directed, vide order dated 05.02.2021 inOA95/2018, Aryavart Foundation vs. M/sVapi Enviro Ltd. & Ors., that National/State/District Environment Data Grids be established which will go a 61 great way in compiling data and monitoring compliance. There is also need to take further steps for enhancing the utilization of treated waste water. The gaping generation of treated water and its utilization needs to be addressed expeditiously and monitored in terms of quantity and quality.
28 There is further need to re-engineer the administrative processes adopted and giving of the contracts, as earlier mentioned. The time consuming DPRs and approval processes in the administration needs to be avoided and speedy action taken based on model DPRs and laid down standards. It is a matter of regret that, as per official statistics, 56% of total generated sewage remains untreated and finds its way into the water bodies which is a crime under the law of the land for the last 47 years. This remains a constant threat to contamination of potable water. Similar is the position with regard to the water pollution from other sources, including industries and dumping of solid and other waste.
29 Demarcation and protection of flood plain zones' keeping them free from encroachment is another challenge which needs to be tackled on war-footing by designating responsible and accountable officers to ensure that in the interregnum till requisite water treatment equipment are set up. Interim steps for sewage treatment need to be taken to reduce the pollution load.
Need for improved Monitoring Mechanism in the light of Notification dated 07.10.2016 issued by the Ministry of Water Resources, River Development, and Ganga Rejuvenation.
30 The Ministry of Water Resources, River Development, and Ganga Rejuvenation has issued Notification dated 07.10.2016 in respect of management of River Ganga under the Environment(Protection)Act,1986 called ―River Ganga (Rejuvenation, Protection and 62 Management) Authorities Order,2016‖ (the Ganga Order) constituting authorities at National, State and District Levels called ‗National Ganga Council', ‗Empowered Task Force on River Ganga', ‗State Ganga Rejuvenation, Protection and Management Committee' and ‗District Ganga Committees'. Further, ‗National Mission for Clean Ganga'(NMCG) has been constituted. The object of the said notification is to abate pollution and rejuvenate river Ganga, maintaine-flow, restrict activities on the river banks and other allied issues. Steps to be taken are exhaustively laid down, apart from providing safety audit and conferring statutory authority to issue directions on related matters, including in respect of tributaries of River Ganga. The National Ganga Council is headed by the Hon'ble Prime Minister and the ‗Empowered Task Force' is headed by the Jal Shakti Minister. The ‗State Ganga Committees' are headed by the Chief Secretaries of the States. The ‗District Ganga Committees' are headed by the District Magistrates. The NMCG is headed by its Director General with representatives of Central Ministries and State Governments. There is also a provision for setting up monitoring centers. Powers of the NMCG include issuance of directions to State Ganga Committees and District Ganga Committees or Local Authorities for rejuvenation of River Ganga and connected issues. It can frame a policy and direct its implementation. The Ganga safety audit is to be conducted by the National Ganga Council. It is to publish an annual report. The functioning of District Ganga Committees can be overseen by the NMCG either directly or through the State Ganga Committees. Every District Ganga Committees is also to prepare plan for protection of River Ganga and its tributaries and their river beds and District Ganga Committees also to prepare its own budget and give monthly and annual reports.
6331 As noted earlier, protecting the rivers from pollution is a National necessity. Pollution of rivers has resulted in worst water crisis in the country. This requires control of domestic and industrial pollution, utilization of treated sewage for secondary purposes to prevent use of potable water for such purposes, protecting the catchment areas, regulating activities in flood plains zones, maintaining e-flow which includes conserving the ground water. All these steps are duly mentioned in the Notification dated 07.10.2016 as necessary for control of pollution and rejuvenation of Ganga. This Tribunal in its earlier orders, including orders dated 20.09.2018, 19.12.2018, 08.04.2019, 06.12.2019 29.06.2020 and 21.09.2020, dealt with preparation and execution of action plans for all the 351 polluted river stretches almost on same pattern. The compensation regime has been laid down not only for delay in finalizing action plans but also for delay in commencing and completing the projects on the pattern of regime applicable to Ganga. Similarly, in connected matter (OA 593/2017) relating to setting up of requisite numbers of ETP, CETP and STPs (including modular STPs wherever necessary) as per mandate of law under the Water Act and the judgment of the Hon'ble Supreme Court in Paryavaran Suraksha, supra, also compensation regime has been laid down and compliance of direction of the Hon'ble Supreme Court for rigid implementation mechanism for ensuring compliance by 31.03.2018 has been overseen, as mentioned earlier. Finally, this aspect of monitoring for setting up of all requisite ETPs, CETPs and STPs (including modular STPs wherever necessary) within the timelines and for also taking other steps for control of pollution and rejuvenation of 351 polluted river stretches was left to the CMC to be headed by the Secretary, Ministry of Jal Shakti along with the NMCG and CPCB. At the State levels, 64 directions have been issued for constituting River Rejuvenation Committee for preparation and execution of the action plans to be overseen by the Chief Secretaries of all the States by constituting ‗environment cells' directly under them. The status reports given by the CMC constituted by this Tribunal have already been quoted above.
Conclusion In view of the above, we are of opinion that the monitoring by the Tribunal cannot be unending and must now be taken over by the concerned authorities. The roadmap stands laid out. Action plans have been prepared for remediation of all the 351 identified polluted river stretches. Gaps have been identified for ETPs/CETPs/STPs (including modular STPs wherever necessary). Timelines are clear. Sources of funding are clear in the Supreme Court order. HAM model is also available as per Govt. of India Policy mentioned in the report of the CMC. Alternative conventional methods of bio/phyto remediation are also available as mentioned in the report of the CMC. Existing treatment capacity is not fully utilised. New projects, already ongoing or those yet to commence need to be expedited. Consequences for delay in terms of compensation and administrative measures have been clearly mentioned. The river rejuvenation committees in the States/UTs, as per directions of the Chief Secretaries may perform their obligations accordingly which may be monitored by the Central Monitoring Committee, headed by Secretary, Jal Shakti, as directed earlier.
7. We find that the monitoring mechanism introduced as per directions of this Tribunal in the form of RRCs at the States level and CMC at the Central level is to an extent identical to the monitoring mechanism laid down under the River Ganga Rejuvenation, Protection and Management Authorities Notification 2016. However, mechanism 65 under the2016 notification being statutory and exhaustive, it will be better that the same is adopted for all the river stretches as issues involved are common. The Empowered Task Force on river Ganga headed by Union Minister of Jal Shakti may exercise all powers and discharge all functions in relation to all the polluted river stretches in the same manner as the functions entrusted to it under the River Ganga 2016 order for control of pollution and rejuvenation of polluted river stretches. This is necessary so that the Nation/Central Monitoring Mechanism can be effective, in view of continuing failure of statutory mechanism under the Water Act for preventing pollution of water, resulting in pollution of almost all the rivers and water bodies in the country, posing serious threat to availability of potable water for drinking purposes as well as for safety of food chain. Hardly any accountability has been fixed for such serious failures. It will be open to the MoJS to issue any further appropriate statutory order to give effect to the above directions under the EP Act. The National/Central Mechanism may enforce the earlier directions of this Tribunal for collecting compensation for the failure to commence or complete the projects for setting up of sewage treatment equipments or taking steps for interim remediation measures. This is necessary for accountability for the failure to obey the law. The compensation so assessed maybe deposited in a separate account to be used for rejuvenation of the polluted river stretches in the same manner as directed in the case of Ganga quoted above. As directed vide order dated 19.12.2018 in OA 673/2018, responsibility to pay compensation on behalf of the States/ UTs will be of the Chief Secretaries. As per scheme of the NGT Act, every order of NGT is executable as a decree of Civil Court. Further, failure to comply order of the NGT is an offence punishable with imprisonment up to three years or fine upto Rs. 10 crores with additional fine for continuing offence after conviction. If the offence is by a Government Department, Head of the Department is deemed to be guilty. Cognizance of the offence can be taken by a Court on a complaint of Central 66 Government or any other person who has given notice to the Central Government or its authorized representative. The complaint can be filed before a Court of Magistrate of first class. It is, thus, necessary in view of continuing violation of NGT order, requiring payment of compensation to reiterate the direction of responsibility for payment of compensation, to be of the Chief Secretaries and in default, their liability to be proceeded against for coercive measures for execution or by way of prosecution as per NGT Act,2010.
28. We have gone through the report submitted by the joint committee and also the reply submitted by the state and we are of the view that the Narmada river being a pious river must be protected and the quality of the water must be maintained up to the parameter laid down by the CPCB.
29. Learned counsel for the State has submitted that another O.A. No. 71/2023 is pending which was transferred from Gujarat High Court in which the matter from the origin of the river Narmada i.e. Alaknanda and upto end of the territorial jurisdiction of the Madhya Pradesh, a report has been called from the all district headquarters with regard to generation of the sweage, capacity to treat and the gap analysis.
30. As narrated the district Dhindori is a eastern part of M.P. and touching the Chhattisgarh State and State /district administration has taken steps to fill the gap analysis and to ensure that no untreated water be discharged into the river.
31. Being an integral part of the river, floodplain of the river requires protection.
Floodplains play significant role in maintaining the bio-diversity and aquatic life of the river. It‟s significance cannot be overlooked, in terms of environment and ecology. There are numerous dimensions involved while identifying the floodplains. It is required to categorize it into different zones, namely, No Development Zone, Regulated Zone and a Free Zone for development. The principle of Sustainable Development itself justifies the 67 classification of floodplains into such zones for protecting the river. This Tribunal in the case of Manoj Misra (supra) had the occasion to deal with the concept of floodplain, its zoning and management.
32. As discussed above the damage to environment is directly linked to public health and neglecting compliance of Environmental norms results in deaths and injuries. Violation of environmental norms needs to be taken as seriously as preventing crimes of homicide and assaults. It is more serious as the victim may be wide spread and unidentified. The consequences may even affect the future generation. The compliance status is directly linked to effectiveness of the monitoring which requires that the key office bearers of statutory regulators and oversight bodies are qualified competent and reputed specially dedicated to such work instead of devoting part time while simultaneously holding other position. In view of the above, we are of the opinion that the monitoring by the Tribunal cannot be un-ending. The road map stand laid out. Action plans have been prepared for remediation of polluted rivers, river stretches. Gaps have been identified for ETPs, STPs, CETPs and timelines are clear. The authorities must now take ownership for compliance. The River Rejuvenation Committees in the State as per directions of the Chief Secretary may perform their obligation accordingly which may be monitored by the Central Monitoring Committee headed by the Secretary, Jal Shakti. The monitoring mechanism introduced in the form of RRC at the State level and the CMC at the Central level is to be and exactly identical to the monitoring mechanism laid down under the River Ganga Rejuvenation, Protection and Management Authorities Notification, 2016.
33. In view of the facts, we direct as follows:-
i. The respondents are directed to follow the guidelines issued as mentioned above and to ensure that there should not be any encroachment on the water bodies and there must be demarcation 68 of the river bed with identification marks and in case there is any encroachment in violation of environmental laws, necessary legal action as well as the imposition of Environmental Compensation must be acted upon. Encroachment must be removed according to law.
ii. The Collector(s) of the District/City situated on the bank of river are directed to ensure that there should not be any encroachment on the river bodies or on the bank of the river and if any encroachment is found, necessary legal action must be initiated and Collector shall ensure that there shall not be any further encroachment on the water bodies or on the river bank. The demarcation and protection of flood plain zones keeping them free from encroachment should be taken and tackled by the Collector by designating responsible and accountable official to ensure that there should not be any encroachment on the river body or flood plain zone. There is need for compiling annual progress report in terms of water quality by reducing pollution load and the progress should be evaluated depending on extent of reduction of pollution load in comparison to the arial barrier and such progress report should be put in public domain and appropriate action should be taken by the Collector on the basis of the report submitted by the competent authority.
iii. Action plans for reuse of treated water should be finalized and prepared expeditiously and the treated water should be utilized for gardening purposes, agricultural purposes, industrial purposes or any other purposes which may be decided by the Expert Body. The STPs which are non operational must be improved and process of improving must be expedited. Wherever old STPs are under operation on UASB technology, they may be upgraded to SBR 69 technology or other latest and effective technology. Steps must be taken to address gaps in generation and treatment of sewage/effluents by setting up functional STPs, CEPTs and ETPs in the State. However, city wise evaluation of requirement of STPs/CEPTs / ETPs has to be done by the District Collector and to be reported to the Monitoring Committee at the State Level.
iv. The capacity utilization of existing STPs may be improved by identifying the bottlenecks and plugging them in each case and the operation and maintenance of STPs/CEPTs / ETPs and their respective distribution system should be improved for optimum results. The working of operators under one city one operator scheme needs to be continuously evaluated and this evaluation may be linked with the payment and renewal system and this method and manner should be considered by the Collector or the State Monitoring Committee.
v. Progress of in situ remediation as an interim measure must be taken into account. E-flow of the river should be maintained. The action must be initiated against the polluting industries with issuance of show cause notice to the defaulters and by way of realizing the EC to be imposed and calculated on the parameters laid down by this Tribunal/ by the State Pollution Control Board.
34. Recommendations of the joint committee are accepted and we further direct as follows :-
i. STP contractor M/s J.M Ramuni & Co., Surat, Gujarat shall be instructed to complete the work within stipulated timeframe and District Administration shall monthly review the work progress.
ii. Sewage from newly developing areas currently outside the municipal limits and across the banks of the River Narmada on 70 the other side, is seen reaching the River Narmada. Adequate provisions shall be made to tap the sewage from these areas and ensure proper treatment in the STP under construction.
iii. Solid waste management shall be properly done. District Administration shall develop a scientific MSW management site for handling of MSW generated in the Dindori municipal limits under the aegis of an expert agency. A time targeted action plan needs to be furnished by the District Administration to MPPCB in this regard. Adequate funds for sound solid waste management technique such as waste to energy plant or RDF (Refae Derived Fuel) or any other suitable technology may be allotted by state government to ULB. ULB shall take proper action for implementing item wise (such as paper, plastic, metal, glass etc.) segregation practice at source. In compliance of Hon'ble NGT order, Bio- mining/Bio-remediation of legacy waste shall be started and burning of SW shall strictly be prohibited.
iv. In light of the site observations related to improper solid waste collection within the city limits, necessary infrastructure for strengthening the solid waste collection network needs to be developed by ULB Dindori in consultation with an expert agency for better management of solid waste as per SWM Rules 2016.
v. District Forest Department Dindori shall be instructed to carry out extensive plantation near river Narmada and in open land available within municipal limit.
vi. ULB Dindori in association with district administration shall immediately take necessary steps to remove encroachment and illegal construction near river Narmada.
vii. Remaining work shall be completed for remaining construction work of crematorium.
viii. New cremation Ghats should be constructed sufficiently away from the Narmada River.71
ix. Periodic Public awareness campaigns should be undertaken by the local administration particularly along the villages along the river banks.
x. Installation of wet and dry garbage bins at every 50 m distances along the river bank within Dindori city limits by the District Administration to ensure proper disposal of solid waste during the religious gatherings, etc. The District Administration shall also organize fortnightly drives to impose penalties for any improper disposal of solid waste and polythene in River Narmada near the Ghat areas.
xi. Proper collection of the solid waste from the houses located near the river banks shall be ensured by the District Administration, which will deter the solid waste dumping along the river banks.
35. The State PCB is directed to regularly monitor the compliance of the order and rules and in-case of non-compliance necessary prosecution must be initiated in addition to realisation of environmental compensation.
36. We further direct that the orders passed in O.A. No. 593/2017 titled as Paryavaran Suraksha Samiti vs. Union of India and O.A. No. 148/2016 Mahashchand Saxena vs South Delhi Munincipal Corporation, O.A. No. 673/2018 (PB) and O.A. No 606/2018 be strictly followed with a letter and spirit and timeline for completion of the STPs and in case of non completion, calculation and realisation of environmental compensation must be done in accordance with the order of the Hon‟ble Supreme Court of India passed in Paryavaran Suraksha Samiti vs. Union of India matter.
37. We direct the respondents that the unutilized capacity of the existing STP may be utilized expeditiously and it must be ensured that, no untreated sewage effluent is discharged in any water body. The Chief Secretary at the State level and the CMC at the National level will periodically monitor the progress and also consider development of an appropriate app to enable 72 easy filing and redressal of grievances with regard to illegal discharge of sewage/effluents. The CMC may also monitor the setting up of the bio diversity parks, demarcation of floodplains zones and periodical report must be filed before the bench as directed in O.A. No. 593/2017 and O.A. No. 673/2018 (PB).
38. With these observations, Original application No. 86/2023 stands disposed of .
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 06th October, 2023 O.A No. 86/2023(CZ) PN 73