National Green Tribunal
S.D Loda vs Ministry Of Environment Forest And ... on 11 May, 2022
Item No. 06 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 94/2020/EZ
S.D. Loda Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 11.05.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Dr. Alena Golemi Golemi, Advocate (in Virtual Mode)
For Respondent(s) : Mr. Debasish Ghosh, Advocate for R-1,(in Virtual Mode)
Mr. Ashok Prasad, Advocate for R-2,
Mr. Surendra Kumar, Advocate for R-3&4,
Mr. A. Dhar, Advocate for R-5,
ORDER
1. Dr. Alena Golemi Golemi, learned Counsel is present for the Applicant.
2. One affidavit dated 09.05.2022 has been filed on behalf of the Arunachal Pradesh Pollution Control Board; the same is taken on record.
3. Mr. A. Dhar, learned Counsel appearing for Respondent No.5, Itanagar Municipal Corporation, has referred to the affidavit dated 18.01.2022 and submits that 100 KLD capacity of Sewage Treatment Plant along with centrally located Septage Tanks for Itanagar Town have been approved. It is also stated that one Sewage Treatment Plant of 100 KLD with sewerage networking capacity of 3.0 MLD is coming up at Naharlagun which will cater to 4000 households in the first phase. The only reason for delay in implementation of STPs is COVID-19. It is also stated that work for construction of both the STPs at Itanagar and Naharlagun has been 1 started by the Corporation under the Atal Mission for Rejuvenation and Urban Transformation (AMRUT) Scheme.
4. Mr. Likha Tejji, Municipal Commissioner, Itanagar Municipal Corporation, who is present in Court, informs us that 70% of the construction work has been completed. This is not stated in the affidavit.
5. This affidavit, however, does not disclose what is the total quantity of solid waste/liquid waste generated per day in the Itanagar Municipal Corporation and, therefore, this affidavit is deficient in facts and current status. If the Municipal Commissioner is appearing before us today, we expected him to have filed his updated affidavit which he has not done.
6. We, therefore, direct the Respondent No.5, Itanagar Municipal Corporation, to file a fresh affidavit without withholding any facts from the Court meeting the deficiencies as pointed out in its previous affidavit and fixing specific timelines for completion of each project.
7. Para 12 of the affidavit dated 09.05.2022 filed by the Respondent No.4, Arunachal Pradesh Pollution Control Board, is reproduced herein below:-
"Para No.12 : (i) It is to submit that as per the direction of the Hon'ble National Green Tribunal, Principal Bench, New Delhi, the APSPCB has issued showcause notice to 54 (fifty four) units for operating without ETP/STP.
(ii) In compliance with the showcause notice issued by APSPCB, ETP/STP has been installed by 7 (seven) units.
The list of the units are as below:
Sl.No. Name of the Unit Address
1. RK Mission Hospital Itanagar
2. Devyani International Itanagar
(KFC)
2
3. Devyani International Naharlagun
(KFC)
4. Hotel Tosum Naharlagun
5. Hotel Arun Subansiri Itanagar
6. Iconic Automobile Naharlagun
(Automobile Servicing
Station)
7. Camdir Toyota Naharlagun
(Automobile Servicing
Station)
(iii) Direction was issued to 32 (thirty two) units [25 (twenty five) hotels and 7 (seven) automobile workshops/garages] located within the Itanagar- Naharlagun capital region to deposit Environmental Compensation Charges (ECC) for failure to install Effluent Treatment Plant / Sewage Treatment Plant in their respective units.
(iv)In compliance to the direction of APSPCB, 17 (seventeen) nos. of units have deposited the ECC. The list of the units and amount deposited are as below:
Sl.No Name of the unit Address EC
. deposited
(Rs.)
1. Hotel PYBSS Itanagar 43,750/-
2. Hotel Dawnland Itanagar 43,750/-
3. Hotel Pine Ridge Itanagar 26,250/-
4. Hotel Blue Pine Itanagar 43,750/-
5. Hotel Arun Subansiri Itanagar 26,250/-
6. Hotel Todo Itanagar 43,750/-
7. Hotel Tosum Naharlagun 26,250/-
8. Hotel River View Naharlagun 26,250/-
9. Hotel Rising Sun Naharlagun 47,750/-
10. Hotel Nemko Naharlagun 43,750/-
11. 3D Hotel Itanagar 26,250/-
12. Hotel Toya Naharlagun 26,250/-
13. Tsangfo Hotel Itanagar 43,750/-
14. Hotel Greenland, Itanagar 26,250/-
15. Ato Ayo Hotel Itanagar 26,250/-
16. Hotel Achi Ama Naharlagun 26,250/-
17. Neni Hyundai Itanagar 43,750/-
(Automobile Servicing
3
station)
Total Rupees 5,90,250/-
(v) The remaining units have not deposited ECC and failed to comply. Therefore, APSPCB has initiated action against the non- complying units for filing a case before the Hon'ble Chief Judicial Magistrate, Yupia, District Papum Pare, Arunachal Pradesh under section 49 of Water (Prevention& Control of Pollution) Act, 1974 and section 43 of Air (Prevention & Control of Pollution) Act, 1981 read with section 190 of Criminal Procedure Code, Act. 1973."
8. This affidavit shows that out of 32 units i.e., 25 Hotels and 7 Automobile Workshops/Garage, only 17 Units have deposited a total sum of Rs. 5,90,250/- (Rupees Five Lakhs Ninety Thousands Two Hundred Fifty) by way of Environmental Compensation and 7 Units have installed ETP/STP.
9. However, Annexure-2 (page no. 710 of the paper book) to this affidavit, mentions that show cause notices have been issued to 25 Hotels, 22 Automobile Workshops/Garage and 6 Hospitals, which are operating without STP/ETP. The total figure of these Hotels/ Automobile Workshops/ Garage/ Hospitals comes to 53. Question is what action has been taken against these non-compliant Units apart from issuing show cause notices nothing has been stated in the affidavit.
10. We, therefore, direct the Arunachal Pradesh Pollution Control Board to file a fresh affidavit indicating nature of violation and what action has been taken against each of the non-compliant Hotels/Automobile Workshops/Garage/Hotels Units in a tabular form.
11. The Municipal Commissioner has placed before us letters dated 09.05.2022 and 22.04.2022 addressed to the Director, Department 4 of Town Planning & Urban Local Bodies, Itanagar, requesting that the Grant-in-Aid be enhanced from 1.78 crore to 6.00 crore to meet the management of garbage and sanitation in the Municipality. The letters dated 09.05.2022 and 22.04.2022 shall be treated as part of the record.
12. We, therefore, direct Mr. Ashok Kumar, learned Counsel appearing for State Respondents, Govt. of Arunachal Pradesh, to examine this matter and also file an affidavit of the Chief Secretary, Govt. of Arunachal Pradesh, to show what action has been taken in this regard.
13. The personal appearance of Mr. Likha Tejji, Municipal Commissioner, Itanagar Municipal Corporation, is dispensed for future unless specifically required by the Court.
14. List on 14.07.2022.
..................................... B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM May 11, 2022, Original Application No. 94/2020/EZ AK 5