National Green Tribunal
Suo Motu vs Chief Secretary on 15 February, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.11:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.27 of 2016 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Suo Motu Application
News Item published in "Eenadu"
Telugu Daily Main Edition, Hyderabad Dt.07.02.2016
With
The Chief Secretary,
State of Telangana,
Hyderabad and Ors.
... Respondent(s)
Date of hearing: 15.02.2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mrs. H. Yasmeen Ali for R1, R2 & R18.
Mr. T. Saikrishnan for R3.
Mrs. Madhuri Donti Reddy for R4 to R17, R19 & R20.
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ORDER
1. As per order dated 28.07.2021, this Tribunal had extracted the order passed on 08.06.2021 in Para (1) of the order and considered the status report submitted by the Commissioner of Municipal Administration, State of Andhra Pradesh dated 23.07.2021, e-filed on 27.07.2021 ad extracted in Para (4) of the order and then, passed the following order:-
"5. But this report did not represent what was directed to be done in Para 7 of the order dated 08.06.2021.
6. The main grievance in the newspaper report was that in both the State of Andhra Pradesh and Telangana, the trade effluents are being discharged from the industries and also from shrimp farms, which resulted in damage caused to the river Krishna. But, none of the water analysis report shows that from which location samples were taken up and whether the water samples as well as sediments were taken from the places where it was specifically mentioned in the newspaper report.
7. Further, there was no time line given by the State of Andhra Pradesh about when the proposed STPs and bio-mining of legacy waste will be completed and in some cases, the project proposals are only at administrative sanction level.
8. When this was pointed out, the learned counsel appearing for the Telangana Pollution Control Board as well as Andhra Pradesh Pollution Control Board submitted that they will come with a detailed report regarding the water analysis and sediment analysis as directed by this Tribunal from the hotspots and where the places were pointed out in the newspaper report, on the basis of which case has been Suo Motu registered.
9. The water samples and sediment samples will have to be taken after the monsoon is over during September and October and then they will have to submit the report.Page 2 of 13
10. The States of Telangana as well as Andhra Pradesh are directed to file a further progress report regarding the establishment of Sewage Treatment Plants and also implementation of the Solid Waste Management Rules, 2016 including the disposal of legacy waste which are lying in the dump yards which are also probable cause of pollution to the river Krishna.
11. Both States must show serious concern about the responsibility to protect the environment as contemplated under Article 48 A of the Constitution of India to protect the river against the pollution and encroachment, as water is not only intended for agriculture but also drinking and other purposes and also required for survival of aquatic life as well.
12. The respective departments namely, the Municipal Administration and the State Pollution Control Board of both the States are directed to file their further progress report and the status of the water quality in river Krishna on or before 09.11.2021 by e-filing in the form of Searchable PDF/ OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules without fail.
13.The Registry is directed to communicate this order to all the Government Departments including Chief Secretary, Principal Secretary for Environment, Municipal Administration and Rural Development, Irrigation and Public Works Department of both the State of Telangana and Andhra Pradesh by e-mail immediately for their information and also for providing necessary guidelines and directions, including technical as well as financial support, if any required, so as to implement the scheme already launched by the respective local bodies at the earliest so as to protect the river Krishna from future pollution."
2. The case was originally posted to 09.11.2021 for consideration of further report. On 09.11.2021, at the request of the parties, the matter has been adjourned to 24.12.2021. Thereafter, the matter has adjourned from time to time by successive notifications and lastly, it was adjourned to today by notification dated 24.01.2022.
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3. The State of Telangana has filed a progress report through the Commissioner and Director of Municipal Administration, State of Telangana signed on 01.11.2021, e-filed on 09.11.2021 which reads as follows:-
"PROGRESS ON THE ACTION PLAN SUBMITTED BY THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, TELANGANA IN SUO MOTU APPLICATION NO. 27 OF 2016 I submit that in pursuance to the orders issued by the Hon'ble NGT in OA No. 27 of 2016 (SZ) dt. 01.03.2021 this office submitted progress report on 05.04.2021 informing the action plan of this Department. The Hon'ble NGT while taking into consideration the said report in order dt. 28.07.2021 has issued directions to file further progress report of the Action plan initiated for implementation of Solid waste management Rules, 2016.
1. Overview of ULBs under Krishna River stretch (P-V) (Thangadi to Wadapally)
1. SOLID WASTE MANAGEMENT 1.1. There are 5 ULBs, i.e. 1. Gadwal 2.Alampur 3.leeja 4.Kollapur
5. Makthal under Krishna river stretch. Approximately55 TPD of solid waste is generated from these ULBs of which 25.8 tonnes of waste is being processed in composting centers. The following activities are being taken up in the ULBs for Solid waste management.
I. 100% Door-to-door waste collection II. Encouraging Waste segregation during door-to-door waste collection III. Encouraging on-site wet waste composting, especially for Bulk Waste Generators (BWGs) Page 4 of 13 IV. Establishing DRCCs for processing Dry waste V. Segregation and reuse of dry waste such as plastics, cardboard, Paper, Leather, glass etc., VI. Composting of wet waste at Centralized location within the ULB by ULB staff VII. Ban on Single Use Plastic VIII. Involvement of SHGs/ SLFs / TLFs for improving waste collection and segregation scenario 1.2. Following is the status of MSW management in these 5 ULBs Page 5 of 13 Page 6 of 13 2 agencies - M/s Cube Bio-Energy and M/s Sagar Motors have been shortlisted and are proposed to provide MSW processing facilities in 52 ULBs made into 04 clusters (The above ULBs are not included in these clusters).
Balance 78 ULBs are grouped into 5 clusters and tenders were floated for processing of fresh waste on 30.9.21 and 9 bids were received. The Committee headed by the Principal Secretary to the Government, MA&UD Department met on 09.08.2021 and decided to cancel the tenders and call for fresh tenders. As such fresh tenders shall be called for Biomining of legacy waste and processing of fresh waste in balance 78 ULBS grouped into 5 clusters.
1.3 Total estimated cost for Setting up Fresh MSW Processing facility in these 5 ULBs is INR 19.50 Crores and Total estimated cost for setting up Biomining facility is INR 6.00 Crores. Directions were issued to ULBs for implementing source segregation in commercial establishments, residential areas and from slums and plan for safe transportation to the processing facilities. Further, directions were also issued to ban the use and sale of Single Use Plastic, ban on use and sale of carry bags below 75 micros in all the ULBs with definite timelines.
2. Wastewater Management:
2.1. Nearly 15.94 MLD of wastewater is generated from the ULBs under Krishna river stretch.
2.2 The following Initiatives taken for improving Wastewater management in these ULBs:
I. The Environment Protection Training and Research Institute (EPTRI), Hyderabad was entrusted to prepare plan to operationalize the Page 7 of 13 defunct STP located at Alampur constructed during erstwhile Grampanchayat.
II. The EPTRI has submitted a mitigation plan in respect of Alampur and the same was forwarded to Engineer-in-Chief (PH) vide letter dt.23.11.2020 for remarks. The E-IN-C(PH) vide letter dt.05.02.2021, has furnished certain suggestions and requested to accept the proposal of EPTRI.
III. Action has been already taken for construction of FSTP in the following ULBS and same shall be completed by June-2021.
2.3. In the newly constituted 68 ULBs (including Makthal) FSTPs with an estimated cost of Rs. 140.00 Crs is being taken up, Public Health & Engineering Department has floated tenders and accordingly responses have been received and the same are under evaluation."
4. The Telangana State Pollution Control Board has filed a report dated 23.12.2021, e-filed on 25.01.2022 which reads as follows:-
"REPORT DATED 22-12-2021 OF THE TELANGANA STATE POLLUTION CONTROL BOARD (R3) IN SUO MOTU APPLICATION NO. 27 OF 2016 The Hon'ble NGT vide order dated 28.07.2021 directed the following:
"A detailed report regarding the water analysis and sediment analysis as directed by this Tribunal from the hotspots and where the places Page 8 of 13 were pointed out in the newspaper report, on the basis of which case has been Suo Motu registered.
The water samples and sediment samples will have to be taken after the monsoon is over during September and October and then they will have to submit the report.
The respective departments namely, the Municipal Administration and the State Pollution Control Board of both the States are directed to file their further progress report and the status of the water quality in river Krishna on or before 09.11.2021 by e-filing in the form of Searchable PDF/ OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules without fail".
The following are submitted:
It is to submit that, Telangana State Pollution Control Board carried out the sampling exhaustively at several points in River Krishna including the reference made in the news item at two locations in Telangana state. Further,it is to submit that about 200KMs of River Krishna in Telangana flows through the reserve forest.
The water and sediment samples are collected at 10 locations covering the total stretch of the River Krishna in Telangana from entry into the state at Thangadi to the last point (Wadapally). The samples are collected at each of the location twice in September and October months.
The details of the sampling locations and water quality of River Krishna as per the Central Pollution Control Board classification of the water for Best Designated Use are as follows:Page 9 of 13
The analysis reports of the samples analysed are placed at Annexure-I for kind perusal. The analysis reports of the water quality indicate that the water quality is meeting the desired Class 'B' criteria of Best Designated Use (BDU) of CPCB.
As per CPCB classification for Best Designated Use (BDU) of 'B' Class outdoor bathing (organized) are being met at all the monitored places. The parameters and the range of the results are placed for kind perusal.Page 10 of 13
It is to submit that the samples of sediments of River Krishna are also collected and analysed at the locations. The analysis results are placed as Annexure-II for kind perusal. The environmental standards for quality of the sediments are not prescribed in India. In the absence of the standards, the sediment parameters are compared with the USEPA standards. The sediments are meeting the standards of USEPA for heavy metals. The range of the metals is as follows:-
In view of the above, it is to submit that the water quality of River Krishna is meeting the desired class 'B' (as per the CPCB classification for Best Designated Use) at all the points monitored. Further, the sediments are meeting the Permissible Exposure Limit of United States Environmental Protection Agency (USEPA)."Page 11 of 13
5. The learned counsel appearing for the State of Andhra Pradesh and Andhra Pradesh Pollution Control Board submitted that there was a similar matter as Original Application No.673 of 2018 (PB) on the file of the Principal Bench of National Green Tribunal, New Delhi dealing with polluted river stretches and the same has been disposed of by the Principal Bench by directing the Municipal Administration to file a periodical reports before the Ministry of Jal Shakti and accordingly, they are submitting the periodical report and as such, this matter can be closed in tune with the same.
6. The State of Andhra Pradesh is directed to produce the copy of the order passed by the Principal Bench in O.A. No.673 of 2018 (PB) and also the compliance report said to have been filed before the Ministry of Jal Shakti as directed by the Principal Bench along with the progress of the implementation and also the nature of improvement made in the water quality in that river after the steps taken and if there is any gap, what is the nature of further directions given to resolve the issue.
7. They are directed to submit the report to this Tribunal on or before 16.03.2022 by e-filing in the form of searchable PDF/OCR supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.Page 12 of 13
8. The Registry is directed to communicate this order to the official respondents including the Andhra Pradesh Pollution Control Board by e-mail for their information and compliance of directions.
9. For consideration of report, post on 16.03.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.27/2016 (SZ), 15th February 2022. Mn.
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