National Green Tribunal
Subhas Datta vs Department Of Public Health ... on 6 December, 2022
Item No.03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
M.A. No.01/2022/EZ
In
Original Application No.79/2015/EZ
In the matter of:
Tribunal on its Own Motion
Reg.: Subhas Datta,
Office at - 25/1 Guitendal Lane,
Howrah - 711101,
R/o 216/1, Panchanantala Road,
P.O.+ P.S. +District-Howrah,
Pin - 711101,
...Applicant(s)
Versus
1. State of West Bengal,
Through Principal Secretary,
Department of Public Health Engineering,
Govt. of West Bengal,
7th Floor, New Secretariat Building,
1, Kiran Shankar Roy Road,
Kolkata - 700001,
2. Department of Municipal Affairs,
Govt. of West Bengal,
Through Principal Secretary,
Writer's Buildings, Kolkata,
Pin - 700001,
3. Department of Environment,
Govt. of West Bengal,
Through Principal Secretary,
Poura Bhaban, Salt Lake,
Kolkata - 700106,
4. West Bengal Pollution Control Board,
Through Member Secretary,
Paribesh Bhaban, 10A, Block LA, Salt Lake,
Kolkata - 700098,
5. Central Ground Water Board, Eastern Region,
Through Regional Director,
CGWB Bhujalika, CP Block-6,
Sector-V, Bidhan Nagar,
Kolkata - 700091,
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6. The Chief Secretary,
Govt. of West Bengal,
7. The Principal Secretary,
PHE Department,
Govt. of West Bengal,
8. The Principal Secretary,
Urban Development Department/Town & Country Planning,
Govt. of West Bengal,
9. The Executive Officer,
Zila Parishad, North 24 Parganas,
10. National Environmental Engineering Research Institute (NEERI),
11. Ministry of Finance,
Govt. of India,
...Respondent(s)
Date of hearing: 06.12.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE, DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Suo Motu,
For Respondent(s) : Mr. Sibojyoti Charkaborty, Advocate for State of W.B.
ORDER
1. The M.A. No. 01/2022/EZ filed in Original Application No. 79/2015/EZ is being taken up suo-motu.
2. The Original Application No. 79/2015/EZ was disposed of by the Tribunal vide its order dated 17.09.2020 and the State Respondents were directed to take steps to relieve the citizens from the menace of arsenic contaminated water. The districts which are stated to be affected by high level of arsenic have been mentioned in paragraph 5 of the Tribunal's order along with all the affected Blocks. The Districts in question are as under:-
1) Malda
2) Murshidabad
3) Nadia
4) North 24 Parganas
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5) South 24 Parganas
6) Hugli
7) Howrah
8) Bardhaman
3. The Tribunal had also constituted a Committee which had submitted its report on 15.02.2018 and the same is quoted in paragraph 13 of the Tribunal's final order. The State was required to submit its Action Plan to ensure mitigation of the situation.
4. Affidavit of compliance dated 18.05.2022 has been filed by Chief Engineer (Headquarters), Public Health Engineering Directorate, Government of West Bengal. Relevant paras 5, 6, 7, 8 & 9 of the affidavit read as under:-
"5. (a) A mega Surface Water Based Piped Water Supply Scheme for coverage of Arsenic Affected blocks of Habra-I, Habra-II, Gaighata and Barasat-II re presently going on and the said project is expected to be completed by March, 2023. In this context it is pertinent to mention that the existing 065 nos. of Ground Water Based Commissioned Piped Water Supply Scheme (PWSS) in Gaighata block will be subsumed within this Surface Water Based Pipe Water Supply Scheme. None of these 06 nos. of Ground Water Based Supply contain any arsenic in water. It is respectfully stated that during the last 1 years there had been a significant progress with respect to the Surface Water Based Piped Water Supply Scheme for blocks of Habra-I, Habra-II, Gaighata and Barasat-II inspite of the pandemic situation. The details of overall progress made till date are stated below: -
Progress of Work:
i) Intake structure for extracting of surface water has been fully completed.
ii) 95% overall progress has been made in each of the works for construction of Madarpulli Overhead Reservoir and Ground Level Reservoir at Ashoknagar.
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iii) 65% progress has been achieved for the Water Treatment Plant in respect of to civil and mechanical works and 80% progress in respect of chemical house.
iv) 75% progress has been achieved in respect of Clear Water Reservoir Pump House.
v) The filter annex building has been completed.
vi) With respect to laying work of pipeline 75% overall progress has been achieved.
It is respectfully stated that due to increase in the cost of land procurement, road restoration cost and electro mechanical cost a revised estimate for the said project had to be formulated and the increase in cost has duly been approved by the Finance Department vide a letter dated 03.09.2021.
It is humbly stated that even though the project was expected to be commission during this year, the same could not be achieved due to such unforeseen circumstances and the work is likely to be completed by March, 2023 which will provide surface water to 14,22,480 people of the said locality.
6. In addition to the above said mega Surface Water Based Piped Water Supply Scheme, there are 03 other mega Surface Water Based Piped Water Supply Scheme being implemented in the District of North 24 Parganas the details of which are stated as under:-
Sl. Name of the Mega Block Population Expected No. Surface Water to be date of Based Piped Water benefitted completion Supply Scheme (census, 2011) 1 Surface Water Based Haroa-Rajarhat 6,04,941 30.09.2022 Water Supply Scheme &Bhangar-II (For for arsenic areas of Rajarhat Haroa, Rajarhat Block) March &Bhangar-II 2023 for Bhangare-II &Haroa Blocks 2 Surface Water Based Bagda, Bongaon, 13,12,283 31.03.2023 piped Water Supply Ranaghat-I & II, Scheme for arsenic Bongaon Municipality areas Bagdah, Bongaon Block 3 Integrated Surface Baduria, Basirhat-I & 18,11,109 31.03.2024 based PWSS for II Deganga & 4 arsenic Blocks Swarupnagar Baduria, Basirhat-I & II Deganga&Swarupnag ar Total 37,28,333
a) The progress of rising main and pipeline distribution network executed during the last 18 months for the Surface Water Based Pipe Water supply Scheme for Haroa-Rajarhat and Bhangar-II has been 40 Kms and 1140 Kms respectively along with completion of 10 nos. of Overhead reservation in Haroa (6nos) and Bhangor-II(4nos). Total length of primary and secondary rising main completed in the three blocks till date has been 261 Km, 207.4 Kms and 105 Kms respectively for Haroa, Rajarhat and Bhangor-II.
b) The distribution network completed till date has been 410 Kms out of 546 Kms in Rajarhat, 839 Kms out of 864 Kms in Haroa and 817 Kms out of 867 Kms in Bhangor-II Blocks.
Total number of Overhead reservoirs for the project are 45 out of which 26 have been completed as of now.
c) The work in respect of the ground level reservoir, substation work both civil and electro-mechanical along with the charging of substation work at Rajarhat block have been completed during last 18 months.
d) The physical progress of 100 MLD Water Treatment Plant with Intake jetty has been 15% and overall progress of the project is 60% till date.
7. For Surface Water Based Piped Water Supply Scheme with 187 MLD Water Treatment Plant, in Arsenic affected areas of Bagda, Bongaon, Ranaghat-I & II, laying of 6.62 Kms out of total 7 Kms, 1200 mm raw water rising main has been completed during last 18 months. Also for clear water rising main 6.18 Kms out of 6.65 Kms for 800 m diameter, 583 mtrs. out of 1010 mtrs. For 700 mm diameter and 6.95 Kms out of 9.12 Kms for 500mm diameter have been completed during the last 18 months. Works are going on in full swing for different components of water treatment plant.
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8. With regard to Integrated Surface Water Based Piped Water Supply Scheme for arsenic affected blocks of Baduria, Basirhat-I & II, Deganga and Swarupnagar due to local problems the WTP site which was originally located on the plot under the Ministry of Labour, Govt. of India could not be acquired and hence a new site had to be relocated in order to construct the Water treatment Plant. The new plot of land which has been identified at Molajore and Athkur mouza and Barrackpore-I was owned by Neo Pipes and Tubes Co. Ltd. after detailed deliberation the district administration is in the process of handing over the said plot of land for installation of the Water Treatment Plant. E- tender of Water Treatment Plant has been completed and Work Order issued dated 09-03-2022.
9. I humbly submit that so long the mega Surface Water Based Piped Water Supply Schemes are not completed, as an interim measure the answering respondent is committed to provide potable water to the people by installing Community Water Purification Plants (CWPPs) in Gaighata Block, thereby supplying 10 liters of water per capita per day catering to thousand people. 68 nos. of such Community Water purification Plants (CWPPs) in Gaighata block in most arsenic affected areas have already been commissioned and number of such CWPPs commissioned in North 24 Parganas are 122. The work for 335 CWPPs in North 24 Parganas in the remaining affected Arsenic habitations are ongoing including 11 CWPPs of Gaighata Block. The target date of completion of all these ongoing CWPPs is June'2022."
5. An affidavit of compliance dated 07.10.2021 has also been filed by Chief Engineer (Headquarters), Public Health Engineering Directorate, Government of West Bengal, contents of which need not be recorded here since the contents thereof stand revised by the subsequent affidavit dated 29.11.2022 filed by the Public Health Engineering Directorate, Government of West Bengal.
6. A further affidavit of compliance dated 29.11.2022 has been filed by the Chief Engineer, (Headquarters), Public Health Engineering Directorate, Govt. of West Bengal.
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7. In para 5 of the said affidavit, it is stated that the State Government has taken the following action regarding supply of potable water to the people exposed to arsenic contamination in ground water in the areas covering Blocks in Gaighata including Teghoria Village which read as under:-
"a) A mega Surface Water Based Piped Water Supply Scheme for coverage of Arsenic Affected Blocks of Habra-I, Habra-II, Gaighata and Barasat-II are on the verge of completion and the said project is expected to be commissioned by March, 2023.
b) It is respectfully stated that during the last six months there has been a significant progress with respect to the Surface Water Based Piped Water Supply Scheme for Blocks of Habra-I, Habra-II, Gaighata and Barasat-II. The details of overall work made till date are stated below:-
Progress of Work:
i. Intake structure for extracting of surface water has been fully completed.
ii. In all 100% overall progress has been made in each of the works for construction of Madarpulli Overhead Reservoir and Ground Level Reservoir (GLR) at Ashoknagar. Both GLRs for the project have been completed. iii. In all 85% overall progress has been achieved for the Water Treatment Plant in respect of civil and mechanical works.
iv. In all 90% progress has been achieved in respect of Clear Water Reservoir Pump House.
v. With respect to laying work of rising main (raw and clear water) 57.71 km.s have been completed out of 69.88 kms. For secondary rising main 42.25 kms. Have been completed out of 155 kms.
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8. It is also stated that it is expected that the work may be commissioned by March, 2023 which will provide surface water to 14,22,480 people of the said locality. Pertinently, in North 24 Parganas district the total population according to 2011 Census is 42,77,619. They have been provided with arsenic-free water by the PHE Department till date save and except a few populace who will be also covered by the end of this month.
9. We, therefore, direct the Public Health Engineering Directorate to complete the above mentioned Projects relating to Habra-I, Habra- II, Gaighata and Barasat-II, by 31.03.2023.
10. In para 7 of the affidavit of the PHE Directorate, Govt. of West Bengal, it is stated that apart from the above Mega Surface Water Based Piped Water Supply Schemes which are being implemented by the PHE Department, the PHE Department is also implementing three other Mega Surface Water Based Piped Water Supply Schemes in the North 24 Parganas District. The details of which are as under:-
Sl. Name of the Mega Block Population Expected No. Surface Water to be date of Based Piped Water benefitted completion Supply Scheme (census, 2011) 1 Surface Water Based Haroa-Rajarhat & 6,04,941 Partly Water Supply Scheme Bhangar-II commissioned for arsenic areas of (for Rajarhat Haroa, Rajarhat & Block) March Bhangar-II 2023 for Bhangore-II & Haroa Blocks) 2 Surface Water Based Bagda, Bongaon, 13,12,283 31.03.2023 piped Water Supply Ranaghat-I & II, Scheme for arsenic Bongaon Municipality areas Bagdah, Bongaon Block 3 Integrated Surface Baduria, Basirhat-I & 18,11,109 31.03.2024 based PWSS for II Deganga & 8 arsenic Blocks Swarupnagar Baduria, Basirhat-I & II Deganga & Swarupnagar Total 37,28,333
11. It is also stated that the progress of rising main and pipeline distribution network executed during the last 18 months for the Surface Water Based Pipe Water Supply Scheme for Haroa-Rajarhat and Bhangar-II has been 40 kilometers and 1162 kilometers respectively along with completion of 23 overhead reservoirs in Haroa (14) and Bhangar-II (9);-
a) Total length of pipeline including rising main (primary and secondary) and distribution system completed for the project till date has been 2411 kms out of 2651.70 kms in Rajarhat, Haroa and Bhangor-II Blocks. The total length of distribution system has been augmented in the interim period.
b) Total number of Overhead Reservoirs for the Project are 45 out of which 27 have been completed and total number of Ground Level Reservoirs for the Project are 4 out of which 1 have been completed as of now.
c) The work in respect of the ground level reservoir, substation work both civil and electro-mechanical along with the charging of substation work at Rajarhat Block have been completed and trial run has started.
d) Almost 22% of the physical progress of 100 MLD Water Treatment Plant (40% Civil and 10% Mechanical) with intake jetty has been completed and overall progress of the project is 63% till date.
12. We, therefore, direct the Public Health Engineering Directorate to file an interim report regarding progress of work for the above 9 mentioned Projects relating to Surface Water Based Piped Water Supply Scheme for Rajarhat, Haroa and Bhangor-II Blocks, by 31.03.2023.
13. It is also stated that for Surface Water Based Piped Water Supply Scheme with 187 MLD Water Treatment Plant, in arsenic affected areas of Bagda, Bangaon, Ranaghat-I&II, raw water rising main and clear water rising main during the last 24 months have been substantially completed. The overall progress of the Project is detailed below:-
a) 21.2 kms of Rising Main out of 53.4 kms have been completed.
b) The up to date progress of intake structure is 62% for Civil and 21% for Mechanical part.
c) Out of four, one Ground Level Reservoir has been completed.
d) Works are going on in full swing for different components of Water Treatment Plant and the up to date progress of the WTP is 60% for civil part and 25% for mechanical part. The WTP is on the verge of completion and the target date of completion is 31.03.2023.
14. We, therefore, direct the Public Health Engineering Directorate to complete the above mentioned Project relating to different components of Water Treatment Plant (WTP) by 31.03.2023.
15. In para 8 of the affidavit, it is stated that with regard to Integrated Surface Water Based Piped Water Supply Scheme for arsenic affected blocks of Baduria, Basirhat-I & II, Deganga and Swarupnagar, it had been stated earlier that due to local problems the Water Treatment Plant site which was originally located on the plot under the Ministry of Labour, Government of India, could not be acquired and hence a new site had to be re-located in order to 10 construct the Water Treatment Plant. The new site for Water Treatment Plant was acquired and finalized during February, 2019, almost three years after the Project had been sanctioned. In respect of civil works 50% progress has been achieved for 234 MLD Water Treatment Plant.
16. We, therefore, direct the Public Health Engineering Directorate, Govt. of West Bengal, to complete the above mentioned Projects relating to Integrated Surface Water Based Piped Water Supply Scheme for arsenic affected blocks of Baduria, Basirhat-I & II, Deganga and Swarupnagar, by 31.03.2023.
17. It is also stated that till the Mega Surface Water Based Piped Water Supply Schemes are completed, the PHE Directorate shall keep on providing potable water as an interim measure to the people by installing Community Water Purification Plants (CWPPs) in Gaighata Block, thereby supplying 10 litres of water per capita per day catering to thousand people. All 79 of such Community Water Purification Plants (CWPPs) in Gaighata Block in the most arsenic affected areas have already been commissioned and such CWPPs commissioned in North 24 Parganas are 291. The work for 216 CWPPs in North 24 Parganas in the remaining affected arsenic habitations are in full swing. However, they will be covered by December, 2022.
18. We, therefore, direct the Public Health Engineering Directorate to complete the above mentioned Projects relating to commissioning of 216 Community Water Purification Plants (CWPPs) in North 24 Parganas, by December, 2022.
19. In para 9 of the affidavit of the Public Health Engineering Directorate, it is also stated that the Mega Surface Water Based 11 Piped Water Supply Schemes are getting delayed due to multifarious reasons such as :-
a) The land acquisition has been consuming a significant amount of time;
b) Cost escalation which has resulted in delay in finalization of tenders; and
c) Delay in accordance of permission from statutory authorities for pipeline laying work along different categories of roads as well as crossings.
20. It is also stated that the said practical difficulties being faced to get the Projects executed is beyond the control of the PHE Department. However, efforts are continuously being made with the respective departments for sorting out the issues.
21. We, therefore, direct the Public Health Engineering Directorate to complete the above mentioned Projects relating to Mega Surface Water Based Piped Water Supply Schemes for the remaining areas, by 31.03.2023.
22. In the light of the timelines given hereinabove and the various works which have been undertaken by the Public Health Engineering Directorate, Govt. of West Bengal, we dispose of this M.A. No. 01/2022/EZ with a direction to the State Respondents to complete the said Projects within the timelines given hereinabove to ensure safe and sustainable supply of drinking water to the population.
23. There shall be no order as to costs.
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B. Amit Sthalekar, JM ...................................
Dr. Afroz Ahmad, EM December 06, 2022 M.A. No.01/2022/EZ In Original Application No.79/2015/EZ AK 12