National Green Tribunal
Tribunal On Its Own Motion Re Monikhal vs State Of West Bengal Through Chief ... on 23 November, 2021
Item No. 04 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 66/2021/EZ
Tribunal on its Own Motion in
(Re: Monikhal Canal) Applicant(s)
Versus
State of West Bengal & Ors. Respondent(s)
Date of hearing: 23.11.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) :Suo motu
For Respondent(s) :Mr. Soumitra Mukherjee, Advocate for R-5, MoEF&CC,
Mr. Rajib Ray, Advocate for R-6, CPCB,
Mr. Pritwish Basu, Advocate for R-7, WBPCB,
Mr. Nayan Chand Bihani, Advocate a/w Mr. Sibojyoti
Chakraborty, Advocate for State Respondents,
Ms. Paushali Banerjee, Advocate for R-3,
Mr. Sibojyoti Chakraborty, Advocate for R-4
ORDER
1. Mr. Soumitra Mukherjee, learned Counsel is present for R-5, Ministry of Environment, Forest and Climate Change, Mr. Rajib Ray, learned Counsel is present for Respondent No.6, Central Pollution Control Board, Mr. Pritwish Basu, learned Counsel is present for Respondent No.7, West Pollution Control Board, Mr. Nayan Chand Bihani, learned Counsel assisted by Mr. Sibojyoti Chakraborty, learned Counsel are present for State Respondents, Ms. Paushali Banerjee, learned Counsel is present for Respondent No.3, Deptt. of Urban Development and Municipal Affairs and Mr. Sibojyoti Chakraborty, learned Counsel is present for Respondent No.4, Kolkata Municipal Corporation.
2. An affidavit dated 22.11.2021 has been filed by Respondent No.7, West Bengal Pollution Control Board along with Inspection Report as Annexure R-1 which is taken on record.
3. The findings of team members are as under:
"Subsequently, the team members of the MoEF & CC, WBPCB, KMC, KMDA, Irrigation Department & Maheshtala Municipality visited the area on 16.09.2021. The samples were collected from Manikhali Khal and results are presented in Annexure-III. The summary of the visit is given as follows:1
The natural drainage of the locality clearly indicates the waterlogging.
The Members of the committee walked along the Railway track and Santoshpur Road to have a view of the Railway Borrow pit which used to exist in the past. But it was clear that due to intrusion of Water Treatment Plant's sludge from adjacent sludge holding pond of Garden Reach Water Works operated and maintained by KMC has significantly affected the drainage system of the said area.
The team of the WBPCB & CPCB did the sampling of the Manikhali and noticed that a sludge carrying pipe from Garden Reach Water Works (operated by KMC) directly draining into the Manikhali Khal. Two samples were drawn from the said points.
Finally the team did the last sampling at Akhra Foot Ghat where the Manikhali Khal is fainally draining into Hooghly River.
It was observed that due to irregular cleaning of sludge generated in the sludge pond (near Garden Reach Water Treatment Plant) the area concerned is frequently experienced with waterlogging.
The sewage from both side of Manikhali Khal from Santoshpur Station has no sewage network and hence untreated sewage is draining into the Khal.
The outlet pipe of Garden Reach Sewage Treatment Plant (STP) on Santoshpur-Akra Road is presently carrying effluent and also WTP Sludge directly discharging to the Manikhali Khal.
After the visit it was discussed at length and resolved among the members that KMC, KMDA and Irrigation dept. need to submit their detail time bound action plan as decided in the meeting of 02.09.2021 on 22.09.2021."
4. The summary detail of individual stakeholder responsibility has also been summarized in the Report which is as under:
"The detail action plan of KMC, KMDA and Irrigation & waterways Department are given in the Annexure-I, II, III, IV & V. The detail summary of the individual stakeholder responsibility as directed in the NGT order is summarized below:
a) Assessment of the number of encroachers and the area encroached in the entire stretch of the canal is given below:
Identification of encroachers:
Report of the Executive Officer of Maheshtala Municipality reflects that In Paharpur mouza ward no. 10 under Maheshtala Municipality 54 hutment structure (shop) were found occupying an area of 13.8 acre whereas in Panchur mouza ward no.09 under 2 Maheshtala Municipality 42 hutment structure (shop) were found occupying an area of 7.84 acre.
In addition they have informed that Maheshtala Municipality constituted by 35 Wards and 127254 households generated solid waste of 210 MT/day. They have also taken necessary steps for segregation of waste and its disposal as per the Solid Waste Management Rules, 2016, under the guidance of State Urban Development Agency (SUDA).
Further removal process of legacy waste approximately 2.50 lakhs MT has been started by an external agency which has been appointed by KMDA.
b) The extent of damage caused to the canal on account of encroachment and disposal of solid waste (Maheshtala Area) KMDA has taken up a scheme for improvement of drainage system (54 km) followed by setting up a Sewage Treatment Plant (STP) of capacity-35 MLD. The total expenditure for this project would be Rs.376.01 Crore and to be funded under NMCG and AMRUT. The work has already been started and expected to be completed by Oct, 2023.
c) Conduct water analysis of Manikhali Khal
(i) Team members of MoEF & CC, WBPCB, CPCB, KMC, KMDA and Irrigation & Waterways visited the area on 16.09.2021. Team members of WBPCB & CPCB collected water samples from four locations. Results of the Samples Annexed as Annexure-VI.
(ii) Two samples were drawn from the Khal where sludge laden waste water was draining into Manikhali Khal. Third sampling was done from Akhra Foot Ghat where the Khal was finally draining into the Hooghly River. Another sample was drawn from Pathak Para.
(iii) Laboratory analysis of the collected samples during the visit reveals the high value of Total Coliform and faecal Coliform may be due to less flow of waste from Manikhali. From the traversing and ground truth verification it is observed that waterlogging in and around Maheshtala Municipality is not due to encroachment. Congestion of drainage system under Maheshtala Municipality and canals is the major reason which restricts the water flow from Maheshtal to Manikhali. Besides, in KMC area along Manikhali Khal, there are good number of channels releasing untreated waste water into the canal. Other parameters like pH, BOD, COD and heavy metals are within the stipulated limits of drain as per prescribed norms of Central Pollution Control Board.
d) Requirement of STP/ETPs along the canal for treatment of sewage and effluents for the catchment area under the jurisdiction of Kolkata Municipal Corporation (KMC) Requirement of upgradation of treatment and disposal of sludge arising out of water treatment in the Garden Reach Water Treatment Plant. The water supply division of Kolkata Municipal Corporation has submitted a proposal for taking up of a feasibility study for 3 improvement of the existing sludge treatment and its disposal from the Garden Reach Water Treatment Plant within 4 (four) months time. In this regard the KMC authority has already approached School of Water Resources, IIT, Kharagpur to undertake the work.
e) As per the direction of the NMCG dated 26/10/2021 the KMC has to prepare DPR for setting up of a new STP of capacity of 65 MLD at Garden Reach STP complex by dismantling the existing 30 yrs. Old- STP structure. Accordingly, KMC has submitted revised DPR. The approximate cost would be Rs. 353.86 Crores and the time required is approximately 30 months subject to availability of the fund.
5. The recommendations made by the Committee are as under:
"Recommend Remedial Measures to restore the Canal to its Original Character
(a) Action Plan of Irrigation and Waterways Department reveals that New Manikhal was re-excavated in the year 2013-14 and presently the Khal is under Annual Maintenance Contract for clearance of water hyacinth, floating materials, garbage etc. The Irrigation and Waterways Department has taken a comprehensive approach towards improvement of New Manikhal. Considering its importance in the drainage of various areas under Kolkata Municipal Corporation and Maheshtala Municipality Rupees 8.2 crore will be utilized for dredging of the canal to improve its carrying capacity.
(b) The time line mentioned in the Action Plan along the budget submitted by the different stake holders to restore the canal to its original character should be strictly followed.
Roles and Responsibility:
To implement the above mentioned action plan may be assigned to the concern organizations like Maheshtala Municipality, Kolkata Metropolitan Corporation, Kolkata Metropolitan Development Authority and Irrigation & Waterways Department of West Bengal.
S. Works Time Budget Responsibility
No. frame (Rs. in
crore)
1 De-siltation of 1st week of 8.2 Irrigation &
Manikhali Canal January, Waterways
(Irrigation canals) 2022 and department,
work will be W.B.
completed
in 9
working
months
2 Sewage network, Expected 376.01 KMDA/NMCG
Interception and Oct, 2023
diversion of drain
at Maheshtala
Municipal area
3 Revised DPR of 30 months 353.86 KMC/NMCG
Sewage treatment from date of
plant (65MLD) at approval
Garden Reach STP
complex submitted
before NMCG for
approval
4
4 Feasibility study 5 months KMC
for improvement of
sludge
management in the
Garden Reach
Water Treatment
Works and
cleaning of existing
sewerage/drainage
pipeline.
5 Assessment of 5 months KMDA
storm water
management in
Santoshpur-Akra
Fatak Road
Recommendations:
Assessment of waterlogging in and around Maheshtala Municipality reveals that the waterlogging is not due to the encroachers on borrow pit along the railway line. It is due to the congestion of drainage system of Maheshtala Municipality and Canals of irrigation and non-irrigation which restricts the water flow from Maheshtala to Manikhal. Under such situation there is no guideline from the CPCB to calculate the compensation. Therefore, the amount of expenditure incurred for improvement its drainage system followed by treatment of waste water including upgradation of sludge management in the Garden Reach Water treatment plant by the different departments may be considered as compensation.
As regard, storm water managemet in Santoshpur-Akra Fatak Road, S&D Sector of KMDA will assess its necessity after cleaning of existing drainage pipeline by KMC within February, 2022. The departments like Maheshtala Municipality, KMC, KMDA and Irrigation & Waterways need to share the responsibility to accomplish their action plan within the timeframe as they suggested.
The local body Maheshtala Municipality should act as a coordinator for information with other departments towards the problems, progress of work and its maintenance.
The concerned departments should jointly visit the problematic site and take the necessary decision to solve the issues.
Dr. Shahida Pravin Quazi, Sandeep Roy
Scientist 'E', IRO, Kolkata MoEF&CC Scientist-'D', CPCB, RD-Kolkata
Prantik Roy Asish Majumdar
Chief Engineer, GAP Sector, KMDA Chief Engineer, S&D, KMDA
&
Member of RRC
Sanjay Kumar Mandal Sanjoy Dasgupta
Deputy Chief Engineer (C)/S&D, KMC Executive Officer, Maheshtala
Municipality
Dr. Tapas Kumar Gupta, Asesh Kumar Saha
Chief Technical Advisor, WBPCB Executive Engineer
5
& Nodal Officer Irrigation and Waterways Department
6. Considering this report, we are of the view that Maheshtala Municipality would be a necessary party to the present original application.
7. Since, this matter has been taken up suo motu, we, therefore, direct the Registry to make necessary corrections in the array of respondents and implead Maheshtala Municipality through its Executive Officer in the array of respondents as Respondent No.8.
8. Mr. Nayan Chand Bihani, learned Counsel prays for further two months time for filing counter affidavit as also prayed in the Report of the Committee, for reviewing the recommendations on the basis of the action plan submitted by the Committee.
9. We also find that the Report mentions that the sewage from both sides of Manikhali Khal from Santoshpur Station has no sewage network and untreated sewage is draining into the Khal. It is mentioned that the outlet pipe of Garden Reach Sewage Treatment Plant (STP) on Santoshpur-Akra Road is presently carrying effluent and also Water Treatment Plant Sludge is directly discharging into the Manikhali Khal and it is mentioned that the sludge holding pond of Garden Reach Water Works operated and maintained by KMC has significantly affected the drainage system of the area. This is a serious matter and requires immediate remedial action.
10. The Report also mentions that in the Maheshtala Municipality there are 54 hutment structures (shop) occupying an area of 13.8 acre whereas in Panchur mouza ward no. 09 under Maheshtala Municipality 42 hutment structures (shop) were found occupying an area of 7.84 acre and that in 35 Wards and 127254 households generated solid waste of 210 MT/per day though steps have been taken for segregation of waste and its disposal as per the Solid Waste Management Rules, 2016.
11. The report also mentions that there is legacy waste of approximately 2.50 lakhs MT, removal of which has been started by an agency appointed by KMDA, however, no photographs have been filed to show 6 what action has been taken in this regard and the amount of legacy waste bio mined.
12. The report further mentions that laboratory analysis of the collected samples during the visit reveals the high value of Total Coliform and Faecal Coliform which may be due to less flow of waste water in Manikahli and not due to encroachment. The Report also mentions that congestion of drainage system under Maheshtala Municipality and canals is the major reason which restricts the water flow from Maheshtala to Manikhali and that there are good number of channels releasing untreated waste water into the canal.
13. The report also mentions that KMC has submitted a proposal for feasibility study for improvement of the existing sludge treatment and its disposal from the Garden Reach Water Treatment Plant within four months time and the KMC has approached the School of Water Resources, IIT, Kharagpur to undertake the work.
14. We are, therefore, of the view that the affidavit which will be filed by the State Government, Kolkata Municipal Corporation and Maheshtala Municipality must reflect what action has been taken with regard to the environmental irregularities pointed out in the Report of the Committee members and also for fulfillment of the recommendations made by the Committee in its affidavit.
15. We also direct the Maheshtala Municipality to file its counter affidavit within four weeks.
16. So far as the time span given for implementation of various actions to be taken in the report, we are not satisfied with the time span mentioned therein and the respondents appear to be stretching the matter too long.
17. We, therefore, direct the state respondents to submit the revised Action Plan showing their sincerity in acceleration of the remedial works.
18. The Committee is also directed to file a fresh report in terms of their observations and recommendations including results of Water Analysis. 7
19. List on 31.01.2022.
..................................... B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM November 23, 2021 O.A. No. 66/2021/EZ MN 8