National Green Tribunal
News Item Titled Drain Water Supplied To ... vs Assam Public Health Engineering ... on 25 July, 2024
Item No.07 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.130/2024/EZ
(Earlier O.A. No.597/2024/PB)0020
IN THE MATTER OF
News Item titled "Drain Water
Supplied to Drink in Silchar
National Highway Road Residents
Suffering" appearing in Barak
Bulletin dated 19.04.2024.
(Tribunal on its own motion)
Applicant(s)
Versus
1. Assam Public Health and Engineering Department,
Through its Secretary,
2, Milanpur Road, West Jyotinagar,
Bamunimaidan, Guwahati,
Assam-781004.
2. Central Pollution Control Board (CPCB),
Through its Member Secretary,
Parivesh Bhawan, East Arjun Nagar,
Delhi-110032.
3. Deputy Commissioner, Silchar,
Barrack Valley Division,
Cachar, Assam.
Respondent(s)
Date of hearing: 25.07.2024
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Suo Motu
For Respondent(s) : Ms. Malabika Roy Dey, Advocate for R-1,
Mr. Surendra Kumar, Advocate for R-2
ORDER
1. This case was taken up Suo Motu by the New Delhi Bench of the National Green Tribunal as Original Application No.597/2024/PB vide order dated 24.05.2024 which reads as under:- 1
ORDER
1.This original application is registered suo motu on the basis of the news item titled "Drain Water Supplied to Drink in Silchar National Highway Road Residents Suffering"
appearing in „Barak Bulletin‟ dated 19.04.2024.
2. "The news item relates to the failure in supply of clean and portable drinking water in Silchar (Assam). As per the news item, the latest infrastructure project in Silchar aiming to install a direct home to home gas pipeline has severely affected the supply of drinking water to the residents of National Highway Road, Ward No.17, Silchar. The news item discloses that the problem arose during the excavation for gas pipeline installation, which compromised the crucial water infrastructure. The article states that the residents of the area have been deprived of clean and safe drinking water. Instead, they receive murky, contaminated water resembling sewage, leading to waterborne diseases and health issues among the community. It further states that the water supply pipe was damaged during gas pipeline installation, allowing sewage to contaminate the water, affecting the entire ward for the past three months.
3. The news item raises substantial issue relating to compliance of the environmental norms, especially the compliance of Water (Prevention and Control of Pollution) Act, 1974 and the Environment Protection Act, 1986.
4. Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon‟ble Supreme Court in the matter 2 of "Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors." reported in 2021 SCC Online SC 897.
5. Hence, we implead the following as respondents in the matter:
(1) Assam Public Health and Engineering Department, through its Secretary, 2, Milanpur Road, West Jyotinagar, Bamunimaidan, Guwahati, Assam - 781004.
(2) Central Pollution Control Board, through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi - 110032.
(3) Deputy Commissioner, Silchar, Barrack Valley Division, Cachar, Assam".
6. Issue notice to the above respondents for filing their response before the appropriate Bench of the Tribunal at least one week before the next date of hearing.
7. Since the matter falls within the jurisdiction of Eastern Zonal Bench of the Tribunal, therefore, the OA is transferred to the Eastern Zonal Bench, Kolkata for appropriate further action. Let the original record of the OA be transferred to Eastern Zonal Bench, Kolkata.
8. List before the Eastern Zonal Bench at Kolkata on 25.07.2024.
2. Thereafter, the Original Application No.597/2024/PB was transferred to the National Green Tribunal, Eastern Zonal Bench, Kolkata and re-numbered as Original Application No.130/2024/EZ. 3
3. The Respondent No.1, Assam Public Health & Engineering Department in its affidavit dated 23.07.2024 has stated that an enquiry was caused by the Superintending Engineer, Public Health & Engineering Department (PHE) with regard to the contaminated drinking water being supplied to the residents of National Highway Road, Ward No. 17, Silchar and thereafter, the report was prepared. Along with this affidavit, copy of a report has been filed at page no. 16 of the paperbook, which reads as under:-
"REPORT Water supply in Silchar urban area is done by Town water supply scheme at Sadarghat which is maintained by PHED on behalf of Silchar Municipal Board which collects water tariff.
The water contamination issue mentioned in the news item dated 19.04.2024 arouse in the National Highway Road due to damage of distribution pipeline network at various adjacent areas like Link Road, National Highway Road and its many bye-lanes. The damage was perceived due to installation of direct home gas pipeline by Gas Agencies working in the Silchar Town areas which was done without informing the PHE Authorities.
Due to large numbers of pipeline damages at different locations, our field workers from Silchar division-I (who look after water supply in the Silchar Municipality Area) and Silchar Municipality Workers were deployed at various pin points. Moreover, the field workers visited the affected roads and bye-lanes and verbally requested the residence of the 4 said areas to cooperate and report if there were any interruptions or problems in their water supply. The repairing works in and around the affected areas were started from the month of March, 2024 and the repairing works of the damaged pipeline had to be executed without any disruption of water supply. The complaint of the people of the news item was immediately acted upon by the field staff and many damages were repaired. Due to the large scale of pipeline damages, the repairing works were completed on 26-05-2024. As on date, no new damages of water contamination are being reported from the said areas, as reported by Executive Engineer (PHE) Division-I. The photographs of the repairing works undertaken by the field staff are attached hereby for information. The problem was to continue with the normal water schemes in the affected area of town while trying to repair the pipes as well. Without any special equipments etc the workers had to rely on traditional methods of trial and error to locate leakage and repair - all beneath the soil".
4. A perusal of the Report that damage was caused to the distribution pipeline network in the adjacent areas like Link Road, National Highway Road and its many bye-lanes. The damage was stated to be due to installation of direct home gas pipeline by Gas Agencies working in the Silchar Town areas which was done without informing the PHE Authorities.
5. The field workers of the Silchar Division-I visited the affected roads and bye-lanes and requested the residents of the area to cooperate and report if there were any interruptions or problems in their 5 water supply. Repair works was stated to have been started in the month of March, 2024 and repair works of the damaged pipeline were required to be executed without any disruption of the water supply.
6. It is stated that the complaint of the people which is the subject matter of the news item was immediately acted upon by the staff and the damage to the drinking water supply pipelines was repaired. It is stated that the works were completed on 26.05.2024 and as on date, no new damage resulting in water contamination has been reported from the said areas.
7. Affidavit dated 23.07.2024 has been filed by the District Commissioner, Cachar, Silchar; the same is taken on record. Along with this affidavit, the District Commissioner, Cachar, Silchar has also placed before us the same report which has already been extracted herein above.
8. In this view of the matter, nothing further remains for adjudication in the present case.
9. However, directions are issued to the Respondent No.1, Assam Public Health & Engineering Department and the Respondent No.3, Deputy Commissioner, Silchar, to be ever watchful and ensure that there is no disruption of clean drinking water supply within the Silchar Municipal Area and if such disruptions do result due to accident, the same shall be addressed immediately without compelling the residents to take recourse to legal remedies.
10. With the aforesaid direction, the Original Application No.130/2024/EZ is disposed of.
11. I.As., if any, stand disposed of accordingly. 6
12. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM July 25, 2024, Original Application No.130/2024/EZ (Earlier OA No.597/2024/PB) OM 7