National Green Tribunal
Suo Motu vs Chief Secretary on 29 January, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No. 30:
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
... Applicant(s)
Versus
The Chief Secretary,
State of Telangana,
Hyderabad and Ors. ... Respondent(s)
Date of hearing: 29.01.2021
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): By Court.
For Respondent(s): M/s. H. Yasmeen Ali for R1, R2, R18.
M/s. T. Saikrishnan through
M/s. B. Lakshmi Narasimhan for R3.
M/s. Madhuri Donti Reddy for R4 to R17,
R19 & R20.
1
ORDER
1. As per order dated 26.08.2020, this Tribunal had considered the report submitted by the Telangana Pollution Control Board (TSPCB) as well as Andhra Pradesh Pollution Control Board (ASPCB) and also considered the action plan said to have been prepared from the side of the Telangana Government and thereafter, this Tribunal had passed the following order:-
"9) Telangana State Pollution Control Board (TSPCB) has also produced some action plan that has been prepared by them as Annexure 1 to rejuvenate the river Krishna to the extent to which it is passing through their State on the basis of the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.673/2018 which is under the consideration of the Principal Bench in that case.
10) Smt. H. Yasmeen Ali, learned counsel appearing for the State of Telangana submitted that they are adopting the report submitted by the Telangana Pollution Control Board.
11) It is seen from the status report submitted by the Andhra Pradesh Pollution Control Board (APPCB) that most of the panchayats situated on the banks of the river Krishna and its tributaries are not having necessary Sewage Treatment Plants (STP) and even if some of them are available, there are not meeting the standard provided. There are lot of gaps in respect of the establishment of STPs inspite of the facts that there were stringent directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018.
12) It is also not clear from the report as to what is the action taken by the Andhra Pradesh Pollution Control Board (APPCB) against the local bodies who have not complied with the directions given by the Principal Bench 2 of National Green Tribunal, New Delhi in O.A. No.606 of 2018 for non compliance of the directions in respect of implementation of the Solid Waste Management Rules, 2016.
13) It is also seen from the report that against non fulfilment of the obligation of maintaining the Sewage Treatment Plants (STPs) and also implementing the Solid Waste Management Rules, 2016, notices have been issued to the local bodies but what further action has been taken on that basis is not mentioned in the report.
14) Though, it was mentioned regarding the Tungabhadra stretch that the APPCB has not given permission to any industries to discharge the industrial effluents into the river Tungabhadra and it is observed that there is no discharge of waste water from the industries into the river. But, they have not mentioned as to how the treated water is being used or dealt with by the industrial units.
15) Under such circumstances, the Andhra Pradesh Pollution Control Board (APPCB) is directed to file a further report explaining the above circumstances mentioned by us in this order.
16) As regards, the Telangana State Pollution Control Board (TSPCB) report is concerned, they have mentioned that the river Krishna enters Telangana State near Thangadi Village in the erstwhile Mahabunagar District and flows for about 416 Kms in Telangana before entering into the Andhra Pradesh at Vellatur Village, Suryapet District. The major tributaries of river Krishna in Telangana state are Tungabhadra, Bhima, Dindi, Haliya, Musi, Paleru and Munneru.
17) It is also mentioned regarding the waste water management that river Krishna passes through five districts namely Jogulamba Gadwal, Wanaparthy, Nagarkurnool, Nalagonda and Suryapet.
18) It is mentioned that the sewage from the Urban Local Bodies will not join the river Krishna as the Urban Local Bodies are not located near to the river Krishna. But, they have not mentioned as to the disposal of sewage 3 water that is generated within the jurisdiction of Urban Local Bodies as to where it reaches and how the generated sewage is being treated and disposed of by them.
19) Further, it is also mentioned in the report that the sewage from the villages are discharged into river Krishna and it is less than about 16 MLD. Further, they have mentioned that Government has proposed to establish 11 STPs and DPRs for 7 STPs are ready and DPRs for the remaining STPs are under process. So that shows that the sewage generated in the village area are not being treated at present before it is discharged into the river Krishna.
20) It is also not mentioned as to how much time will be required for the purpose of establishing the proposed 11 STP's and till then what is the interim arrangement that they are going to take for the purpose of avoiding untreated sewage from the village areas being discharged into the river Krishna.
21) It is time and again reiterated by the Hon'ble Apex Court as well as the National Green Tribunal in several decisions that no local body or no person is entitled to discharge the untreated sewage into the water bodies so as to affect the water quality.
22) Further, under Article 48 A of Constitution of India, the State Governments are having solemn responsibility to protect nature which includes forest, wildlife and water bodies. If that be the case, if village panchayats are not discharging their responsibilities as provided either under the Panchayat Raj Act or Solid Waste Management Rules, 2016, then it is for the State Government to monitor the same and make them to implement the rules in their areas in its letter and spirit.
23) The Chief Secretaries of both the States namely Telangana and Andhra Pradesh are directed to come with a proper action plan for the purpose of protecting river Krishna against pollution being caused which passes through the States namely Telangana and Andhra Pradesh.4
24) River Krishna is considered to be one of the holy rivers which is being worshipped by the people of united Andhra Pradesh. So that much respect has to be given to protect the river from pollution and for that responsibilities lie with the State Government.
25) Both the Pollution Control Boards namely Telangana as well as Andhra Pradesh are directed to come with further action taken report for noncompliance of the Solid Waste Management Rules, 2016 in the local bodies which are responsible for causing pollution to river Krishna as directed by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018.
26) The Chief Secretaries of both State Governments are also directed to submit their action plan as directed by this Tribunal regarding the permanent and interim arrangements that they are going to do, till the necessary STPs are established to treat the sewage generated along the river stretch of Krishna in their respective States."
2. The case was posted to 17.12.2020 for that purpose. On, 17.12.2020, the matter was adjourned to today by notification.
3. When the matter came up for hearing today through Video Conference, Smt. H. Yasmeen Ali represented respondents 1, 2 & 18, Sri. Sai Krishnan through Sri. B. Lakshmi Narasimhan represented 3rd respondent, Smt. Madhuri Donti Reddy represented respondents 4 to 17, 19 & 20.
4. We have received a report submitted by the Telangana State Pollution Control Board dated, 15.12.2020, which reads as follows:-
"REPORT DATED 15-12-2020 OF THE TELANGANA STATE POLLUTION CONTROL BOARD (R3) IN SUO MOTU APPLICATION NO. 27 OF 2016 5 The Hon'ble NGT vide order dated 26.08.2020 directed to file a report on steps taken for control of pollution in River Krishna particularly on the following aspects: i. The State Pollution Control Board is directed to submit further Action Taken Report for noncompliance of the Solid Waste Management Rules, 2016 in the local bodies, which are responsible for causing pollution to River Krishna.
ii. The State Government is directed to submit a proper Action Plan for protecting River Krishna against pollution being caused, with the permanent & interim arrangements being taken up, till the necessary STPs are established to treat the sewage generated along the stretch of River Krishna.
iii. The State Government and the State PCB are directed to submit the report in the Tribunal within a period of three months i.e., on or before 17.12.2020.
The following are submitted for kind consideration:
It is humbly submitted that, as per the CPCB classification based on the water quality, River Krishna is placed in Priority-V (BOD range 36mg/l) and the desired range is to maintain the water quality in class 'B' i.e., BOD range less than 3mg/l. The Hon'ble NGT issued directions to State Governments in OA.No.673/2018 (Polluted River Stretches) to submit action plans for rejuvenation of the Polluted River Stretches within two months. In compliance to the Hon'ble NGT orders, Government of Telangana prepared an action plan for rejuvenation of the Rivers based on the available desktop information (population, catchment area and topographical sheet) including River Krishna. A copy of the same was submitted before Hon'ble NGT in OA.No.27/2016. However, the exact quantification where direct influence of disposing the solid waste and that of the untreated sewage water is not carried out and the action plan is prepared for entire catchment area without prioritizing the direct sources. The estimates for Sewage and Solid Waste are prepared based on the total population in the catchment area. The water demand per capita of 135 lpcd for urban areas and 65 lpcd for rural areas (Source: CPCB/HMWSSB/PHED/WHO) are considered for estimating the 6 water demand of the villages/towns. The sewerage generation is taken as 80% of water demand. The solid waste generation are calculated using per capita generation of 0.1 kg/day for villages and 0.3 kg/day for towns.
It is to submit that, the field level information was collated by irrigation department and PHED to understand the direct contribution of the sewage to River Krishna and based on the observations, the direct effect of the sewage and the solid waste on the River Krishna in Telangana is very less due to the following:
1. There is no major habitation in the Stretch of River Krishna in Telangana. The details of the five Urban Local bodies which are near to River Krishna are as follows:
Town/ Aerial Populati Sewage Remarks ULB Distance to on 2020 Generation River Krishna in MLD Gadwal About 3 Kms 77710 8.39 The irrigation dept informed that away the slope gradient of the town is on the opposite side and Sewage to reach River Krishna has to travel significant distance and is not reaching the River Krishna Alampur About 7 Kms 15813 1.71 The irrigation dept informed that away the slope gradient of the town is not towards the River Krishna.
Ieeja About 35 Kms 33368 3.60 The town is far away from River
away Krishna and water is not
reaching the River Krishna
Kollapur About 5 Kms 26489 2.86 The sewage generated is not
away reaching the River Krishna
Makthal About 15 Kms 27536 2.97 The town is far away from River
away Krishna and water is not
reaching the River Krishna
7
2. River Krishna flows about 200 Kms in the Nallamalla Forest Range, i.e., half of the stretch in Telangana is in the forest range without any direct sources of pollution except minor habitation.
3. The details of the Gram panchayaths within 15 KMs radius of River Krishna are as follows:
No of Grama
Total No.of Population
S Name of the Mandals Panchayats
No.of Grama in these
No District in River within 15
Mandals Panchayats G.P.s
Stretch K.M. range
1 JogulambaGadwal 12 5 255 71 114840
2 Nagarkurnool 20 4 461 14 26654
3 Nalgonda 31 7 844 91 130759
4 Narayanpet 11 4 280 53 75966
5 Suryapet 23 4 475 61 98832
6 Wanaparthy 14 5 255 81 131854
Grand Total 111 29 2570 371 578905
The above details of the Gram panchayaths are spread across a length of 416KMs of the River Krishna and is sparsely populated.
4. There is no industrial pollution in the entire stretch of River Krishna in Telangana and only two major industries are located. The details of the industries are tabulated below:
S. Name Quantity Effluents Inlet Outlet Disposal No. and of Treatment Characteristics Characteristics methods Type of effluents methods Recent report Recent report Industry generated (KLD) 1 Surya 288.48 Settling pH - 7.22, Used for Teja Tank BOD - 10 mg/l, irrigation Power COD - 58 mg/l and Projects plantation.
Pvt Ltd 8 S. Name Quantity Effluents Inlet Outlet Disposal No. and of Treatment Characteristics Characteristics methods Type of effluents methods Recent report Recent report Industry generated (KLD) Power generatio n 2 Allied 1175.72 MEE and pH - 7.16, pH - 7.84, Process Blenders ETP TSS 104 mg/l, TSS 27 mg/l, effluents and TDS 1973mg/l, TDS 1650 (926.72) Distillers COD 276mg/l, mg/l, are Pvt. Ltd BOD66mg//l, COD 142 mg/l, treated in Oil & Grease - BOD 21mg//l, Zero Distillery 0.3 mg/l. Oil & Grease - Liquid industry 0.2 mg/l Discharge (ZLD) Plant and recycled.
These industries are being regularly monitored by TSPCB and are found to be complying the consent conditions and no discharges outside the premises.
Further, it is to humbly submit that Telangana State Pollution Control Board (TSPCB) is monitoring the water quality of River Krishna on monthly basis. Further, water quality monitoring at additional points was also commenced for better understanding of the changes in water quality. It is humbly submitted that, the analysis results over the period of the time shows that, the water quality of River Krishna is meeting the desired Class 'B'. The Monitoring points of the water quality on the River Krishna are labeled on the map for kind perusal.
Water Quality Analysis report:The summary of the analysis reports from the year 2014 to till date corroborate that the annual averages are meeting the CPCB class 'B' parameters which is desired as per the Hon'ble NGT orders in 9 OA.No.673/2018. CPCB water quality classification is placed as Annexure-I. I. Annual Averages of pH ( as per the CPCB classification for Class'B' is 6.5 to 8.5) Station name 2014 2015 2016 2017 2018 2019 River Krishna at Thangadi 8.0 7.5 7.73 7.95 7.86 8.02 River Krishna at Gadwal bridge 8.1 8.1 7.77 7.87 7.94 7.95 Wadapally after confluence with Musi 8.5 8.1 7.95 8.18 8.26 7.3 River Krishna at Mattampally 7.3 River Munneru at Thummalacheruvu 7.7 7.5 7.67 8.21 7.66 7.7 Nagarjuna Sagar Dam Spill way 8.1 7.4 Udaya Samudram balancing Reservoir, 7.9 7.4 Palair Reservoir, Khammam 7.9 8.0 The concentrations of the pH are within the range of the CPCB classification of Class B for surface waters.
II. Annual Averages of BOD concentrations (as per the CPCB classification for Class'B' shall be less than 3mg/l) Station name 2014 2015 2016 2017 2018 2019 River Krishna at Thangadi 6.9 5.4 3 3 7 2.9 River Krishna at Gadwal bridge 6.4 3.5 3 2 4 2.9 River Krishna at Wadapally after 1.5 3.4 3 3 3 2.4 confluence with River Musi River Krishna at Mattampally 2.2 River Munneru at Thummalacheruvu 9.8 3.2 4 3 4 3.0 Nagarjuna Sagar Dam Spill way 3.7 2.4 Udaya Samudram balancing Reservoir, 2.5 2.2 Panagal (V), Nalgonda Palair Reservoir, Khammam 2.4 3.0 The concentrations of the BOD are within the range of the CPCB classification of Class B for surface waters and from 10 2019 onwards well within the B class due to the interventions taken by the Government.
III. Annual Averages of DO concentrations (as per the CPCB classification for Class'B' shall be 5mg/l or more ) Station name 2014 2015 2016 2017 2018 2019 River Krishna at Thangadi 4.7 5.7 5.3 5.1 5.2 5.3 River Krishna at Gadwal bridge 5.2 5.5 5.1 4.7 5.1 5.4 Wadapally after confluence with Musi 5.5 6.7 7.0 7.6 7.2 6.7 River Krishna at Mattampally 6.8 River Munneru at Thummalacheruvu 4.5 5.1 5.8 5.6 5.7 5.3 Nagarjuna Sagar Dam Spill way 7.1 7.3 Udaya Samudram balancing Reservoir 6.7 6.8 Palair Reservoir, Khammam 6.2 5.9 The concentrations of the Dissolved Oxygen are consistently above 5mg/L since 2018 onwards and meeting the CPCB classification of Class B for surface waters.
IV. Annual Averages of Total Coliforms Organism MPN/100ml (as per the CPCB classification for Class'B' shall be 500 or less) Station name 2014 2015 2016 2017 2018 2019 River Krishna at Thangadi 150.2 30.0 139 158 176 29 River Krishna at Gadwal bridge 114.8 42.0 124 149 131 26 Wadapally after confluence with Musi 107.2 91.0 434 642 108 26.0 River Krishna at Mattampally 14.0 River Munneru at Thummalacheruvu 240.0 161.0 214 188 69 37.0 Nagarjuna Sagar Dam Spill way 21.3 15.6 Udaya Samudram balancing Reservoir, 30.0 19.4 Palair Reservoir, Khammam 42.6 22.3 The parameter is meeting the CPCB classification of Class B for surface waters.
11At present River Krishna stretch in Telangana is placed in PriorityV (last in priority with very low pollution) and the River Krishna is meeting the CPCB classification of the Class 'B' because of the various actions initiated. The Government is requesting to remove the River Krishna from Polluted River Stretches in Telangana duringthe monthly review conducted by Central Monitoring Committee constituted under OA.No.673/2018.
In compliance to the Orders issued on 26-08-2020, the details on the actions initiated by the Government with regards to the Solid Waste Management and Sewage management in River Krishna are submitted for kind consideration.
I. SOLID WASTE MANAGEMENT: It is to humbly submit that, in compliance to the Hon'ble NGT orders in OA.No.606/2018, a quarterly progress report is being submitted by the Government on the status of implementation of the activities for the solid waste management. The following are the actions initiated in the five ULBS and in the nearby Gram Panchayaths.
A. Solid Waste Management in ULBs near River Krishna: It is estimated that about 51 TPD of solid waste is generated from these ULBs as detailed below:
ULB MSW in TPD 1. Gadwal 17 2. Alampur 5 3. Ieeja 12 4. Kollapur 9 5. Makthal 8 51 TPD
The following actions are under implementation in the 5 ULBs:
100% Doortodoor waste collection Encouraging Waste segregation during doortodoor waste collection 12 Encouraging onsite wet waste composting by Bulk Waste Generators (BWGs) Establishing DRCCs for processing Dry waste Segregation and reuse of dry waste such as plastics, cardboard, Paper, Leather, glass etc. Composting of wet waste at Centralized location within the ULB by ULB staff Ban on Single Use Plastic Involvement of SHGs / SLFs / TLFs for improving waste collection and segregation scenario ULB % of door Waste Composting DRCC Shed Awareness to door collection Sheds (nos.) (Nos.) programs collection Vehicles (Nos)
1. 100% Tractors - 7 Windrow 1 Awareness Gadwal Autos - 15 compostin (Additional 1 campaign g is shed is conducted for Total: 22 practised under Source vehicles 1 shed is construction) segregation under Awareness constructio programs are n conducted with Street vendors, SLFs, SHGs for:
o Single Use Plastic ban o ODF o Home composting
2. 100% Tractor: 2 Windrow 0 Awareness Alampur Autos: 3 compostin programs are g is planned to be Total: 5 practiced conducted in vehicles Land is month identified No program yet for setting conducted up the shed 13 ULB % of door Waste Composting DRCC Shed Awareness to door collection Sheds (nos.) (Nos.) programs collection Vehicles (Nos)
3. Ieeja 100% Tractor: 2 Windrow 0 Awareness Autos: 7 compostin programs are g is (Land is conducted with Total: 9 practised identified. Street vendors vehicles Land is Proposed to on following identified. commence in subjects:
Proposed this month) o Source
to segregation
commence o Single Use
in this Plastic ban
month o ODF
o Home
composting
4. 100% Tractor: 3 1 shed is 1 Awareness
Kollapur Autos: 4 available campaigns
and (1 TPD dry conducted with
Total: 7 compostin waste MahilaSangathal
vehicles g is done processed) u, Shops /
1 TPD wet Market
waste is Association and
processed Sanitation staff
Following topics
are covered
during the
campaign:
o Source
segregation
o Single Use
Plastic
o Home
Composting
5. 100% Tractor: 2 Windrow 1 Awareness
Makthal Autos: 2 compostin programs are
eAutos:3 g is (1 TPD dry planned to be
practiced waste conducted in
14
ULB % of door Waste Composting DRCC Shed Awareness
to door collection Sheds (nos.) (Nos.) programs
collection Vehicles
(Nos)
Total: 7 processed) month
vehicles
No program yet
conducted
To further improve the Solid waste management scenario in these ULB, CDMA has floated a tender to select private agency on PPP basis to establish solid waste management processing plant for processing fresh waste and undertake biomining of legacy waste. 9 bidders submitted proposals and are currently under evaluation which will be completed within one month. As per the tender document on issue of the work order the agency shall establish the facility within 6 months duration. The Biomining has to be completed within 18 months. Total estimated cost for Setting up Fresh MSW Processing facilities in these 5 ULBs is Rs. 19.50 Crores and Total estimated cost for setting up Biomining facilities is Rs.6.00 Crores.
B. Solid Waste Management in Gram Panchayaths within 15Kms radius of River Krishna: Door to door collection and segregation sheds are being taken up at each village level. Construction of Segregation Sheds have been taken up in each village with the cost of Rs.2.30 lakhs. Two Dust bins were provided to each house either by the Grama Panchayat or by the Donor for collection of dry and wet waste. Further in each Grama Panchayat have purchased a Tractor, Trolley with the Grama Panchayat funds. These Tractors are collecting dry and wet waste from the households and transported to the Segregation Shed where dry waste will be kept in separate compartments as metal, plastic, clothes etc. Wet waste will be processed to prepare vermi compost.
The number of villages and the details of status of the segregation sheds construction are as follows (Annexure-II): 15 Sl. Name of the Actions initiated in the GPs of River Krishna for SWM No. District 71 Gram Panchayats are in Krishna River Basin within the radius of Jogulamba 1 15 K.M.s. Solid Waste Management 70 works were taken up and Gadwal completed 49 works with expenditure Rs. 157.48 Lakhs. 14 Gram Panchayats are in Krishna River Basin with the radius of 15 2 Nagarkurnool K.M.s. Solid Waste Management 12 works were taken up and completed 9 works with expenditure Rs.19.06 Lakhs. 91 Gram Panchayats are in Krishna River Basin with the radius of 15 3 Nalgonda K.M.s. Solid Waste management 85 works were taken up and completed 85 works with expenditure Rs 84.07 Lakhs. 53 Gram Panchayats are in Krishna River Basin with the radius of 15 4 Narayanpet K.M.s. Further under Solid Waste management 53 works were taken up and completed 53 works with expenditure Rs 89.12 Lakhs. 61 Gram Panchayats are in Krishna River Basin within the radius of 5 Suryapet 15 K.M.s. Solid Waste management 61 works were taken up and completed 50 works with expenditure Rs 82.73 Lakhs. 81 Gram Panchayats are in Krishna River Basin with the radius of 15 6 Wanaparthy K.M.s. Solid Waste management 81 works were taken up and completed 81 works with expenditure Rs 169.37 Lakhs.
II. Sewage management: The following Initiatives are taken by the Government for managing the sewage that is entering River Krishna:
A. Sewage Management in the ULBs: It is estimated that about 15.94 MLD of wastewater is generated from the ULBs under Krishna river stretch. The DPRs are prepared for construction of the STPs as detailed below The Detailed Project Reports for construction of the STP are prepared by the PHED and the details of which are as follows:
S.No ULB Total STPs proposed Capacity of the STPs in MLD to meet the projected demand as per the 2050 population estimates 1 Gadwal 3 15.5 2 Ieeja 2 6.5 3 Kollapur 2 5.5 16 The Environment Protection Training and Research Institute (EPTRI), Hyderabad was entrusted to prepare plan to operationalise the defunct STP located at Alampur constructed during erstwhile Gram Panchayat. The EPTRI submitted a mitigation plan in respect of Alampur and the same was forwarded to EngineerinChief (PH) vide letter dt.23.11.2020 for offering the remarks. The activities will be expedited to operationalise the same.
As an interim measure, actions has been already taken for construction of Feacal Sludge Treatment Plants (FSTP) in the following ULBs which will reduce the BOD load by more than 50% and same shall be completed by June2021.
ULB Capacity in Status of FSTP establishment KLD
1. Gadwal 20 Work order is issued to M/s PVCR JV Infra Pvt Ltd for
2. Ieeja 10 establishment of FSTP.
3. Kollapur 10Regarding construction of FSTP at Makthal, Government vide G.O.Rt.No.358 dt.4.9.2020 have already accorded Administrative sanction of Rs 26.00 Crores for establishment of FSTPs in the newly formed 68 ULBs (including Makthal) and preparation of tender documents are under process by ASCI, Hyderabad.
B. Sewage management in the Villages nearby River Krishna: The liquid waste in these Gram Panchayats is not drained in the river and Panchayats are restricting the liquid waste in their Gram Panchayats duly constructing house hold Soak Pits. The details of the soakpits proposed in this financial year and that are completed as on date are provided below (Annexure-II):-
Sl. Name of the Actions initiated in the GPs of River Krishna for sewage No. District management Jogulamba 71 Gram Panchayats are in Krishna River Basin with the radius of 1 Gadwal 15 K.M.s. So far 16,518 Soak Pits were taken up and completed 17 Sl. Name of the Actions initiated in the GPs of River Krishna for sewage No. District management 10,412 with an expenditure of Rs.198.56 Lakhs.
14 Gram Panchayats are in Krishna River Basin with the radius of 2 Nagarkurnool 15 K.M.s. So far 815 Soak Pits were taken up and completed 607 with an expenditure of Rs.17.95 Lakhs. 91 Gram Panchayats are in Krishna River Basin with the radius of
3 Nalgonda 15 K.M.s. So far 10351 Soak Pits were taken up and completed 3311 with an expenditure of Rs 85.96Lakhs. 53 Gram Panchayats are in Krishna River Basin with the radius of 4 Narayanpet 15 K.M.s. So far 5094 Soak Pits were taken up and completed 2693 with an expenditure of Rs135.67 Lakhs.
61 Gram Panchayats are in Krishna River Basin with the radius of 5 Suryapet 15 K.M.s. So far 1069 Soak Pits were taken up and completed 960 with an expenditure of Rs43.30 Lakhs.
81 Gram Panchayats are in Krishna River Basin with the radius of 6 Wanaparthy 15 K.M.s. So far 86 Soak Pits were taken up and completed 86 works with an expenditure of Rs.10.86 Lakhs. River Water Quality:
TSPCB is monitoring the river Krishna water quality on monthly basis. The monthly analysis reports are placed for kind perusal and information. The parameters as per the Class B of CPCB criteria and its compliance in the year 2019 and 2020 are as follows:
S. CPCB criteria for class B Status of compliance 2019 to 2020 (till No. September, 2020) based on monthly concentrations 1 BOD 5 days 20 °C, 3mg/l or less Meeting all the months in 2019 and marginally exceeding in January and March (4mg/l) of 2020 4 Dissolved Oxygen 5mg/l or more The DO concentrations are meeting all the months except at two locations for three months in summer period that too marginally due to lean flow in 2019 and 2020.
2 Total Coliforms Organism Meeting all the months at all the points MPN/100ml shall be 500 or less 3 pH between 6.5 and 8.5 Meeting all the months at all the points 18 It is to humbly submit that, as per the Hon'ble NGT orders in OA No.673/2018, directions were issued to maintain the class 'B' water quality in the Rivers.The Government is taking all proactive measures in protecting the pristine nature of the Rivers. The maintenance of the water quality of River Krishna in class 'B' since 2019 is the result of ongoing actions and those that are implemented by the Government in the previous year. Further, improvements is envisaged due to the proposed measures.
It is respectfully submitted, that the required parameters are met in the State of Telangana and appropriate steps have been taken and are being continued to be taken to prevent any pollution of the stretch of River Krishna flowing in the State of Telangana and the standards of the water has improved and maintained significantly. Further, the monthly progress report of the actions initiated are being filed and monitored by the Hon'ble Principal Bench of this Hon'ble Tribunal in O.A.No:673 of 2018.
Therefore it is most humbly prayed that this Hon'ble Tribunal may be pleased to close the proceedings in the above Suo Motu Application No:27 of 2016 in so far as it concerns the State of Telangana and the Telangana State Pollution Control Board and pass such further or other orders and thus render justice.
Dated at Hyderabad on this the 15th day of December, 2020"
5. We have also received a status report submitted by the Andhra Pradesh Pollution Control Board (APPCB), dated 25.01.2021 which reads as follows:-
"Status report on OA No.27 of 2016 The OA No.27 of 2016 has been Suo Motu registered by Hon'ble NGT on the Basis of the news paper report published in Eenadu daily dated 07.02.2016 under the caption "Kalushyapu Cheralo Vila Vila Krishnamma".19
The River Krishna passes through Srisailam, Amravati, Vijayawada, Avanigadda and Hamsala Deevi.
River Tungabhadra is a Tributary of River Krishna. The Tungabhadra enters Andhra Pradesh at Mantralayam Kurnool District, passes through Kurnool town and confluence with river Krishna at Sangameswar in Kurnool District.
The APPCB has submitted a status report to Hon'ble NGT, Southern zone Chennai on 23.06.2020. The Hon'ble NGT reviewed on 26.08.2020 and compliance status on Hon'ble NGT directions as per order dt.26.08.2020 is given below:
Direction 9 It is seen from the status report submitted by the Andhra Pradesh Pollution Control Board (APPCB) that most of the panchayats situated on the banks of the river Krishna and its tributaries are not having necessary Sewage Treatment Plants (STP) and even if some of them are available, there are not meeting the standard provided. There are lot of gaps in respect of the establishment of STPs inspiteof the facts that there were stringent directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018.
Compliance APPCB has reviewed in Task Force meeting on 19.11.2020, ULBs and three major panchayats located on the banks of river Krishna and issued show cause notices.
Direction 10 It is also not clear from the report as to what is the action taken by the Andhra Pradesh Pollution Control Board (APPCB) against the local bodies who have not complied with the directions given by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 for non compliance of the directions in respect of implementation of the Solid Waste Management Rules, 2016.
Compliance The Board has communicated the letter dated 25.08.2020 to the Secretary MA&UD Dept., A.P. all District Collectors and all ULBs regarding Hon'ble NGT orders on collection of compensation for continued noncompliance in implementation of waste management rules and other thematic areas with effect from 01.04.2020.
The Board has communicated a letter dated 10.11.2020 in the matter of compliance of Municipal Solid 20 Waste Management Rules 2016 in OA No.606 of 2018 before the Hon'ble NGT and the CPCB template for assessment recovery of final environmental compensation to the Principal Secretary, PR&RD Dept., the Secretary MA&UD Dept., the Commissioner and Director of Municipal Administration, all District Collectors and all ULBs A.P. Direction 11 It is also seen from the report that against nonfulfilment of the obligation of maintaining the Sewage Treatment Plants (STPs) and also implementing the Solid Waste Management Rules, 2016, notices have been issued to the local bodies but what further action has been taken on that basis is not mentioned in the report.
Compliance The board has conducted External Advisory committee (Task force) meeting with concerned ULBs/Panchayats on 19.11.2020 at head office Vijayawada through video conference. The officials from ULBs, panchayats and Public health department were attended the hearing.
After detailed discussion the EAC committee recommended to issue show cause notices to all the defaulting municipalities/panchayats for non compliance in sewage treatment,solid waste management and as to why compensation shall not be levied for noncompliance duly directing them to submit the reply within 15 days.
The committee also recommended to address the concerned Government department for filing proper action plan by the government in hon'ble NGT (sz) duly keeping in mind that action plan submitted in hon'ble NGT NEW Delhi in OA no:673 of 2018 in the matter of polluted river stretches.
As per the EAC committee recommendations, the board has issued show cause notices to levy procedure in environmental compensation payable by the noncomplying ULBs as per the hon'ble NGT orders dated 28.02.2020 to
1) Executive officer, Sri Bramaramba Mallikarjuna swamy Devastanam, Srisailam, Kurnool district,
2) The Commissioner,Kurnool Municipal Corporation
3) The Commissioner, Macherla municipality, Guntur district, 21
4) The Commissioner,Tadepally municipality, Guntur district,
5) The Panchayat Secretary, Amaravati Gramapanchayat, Guntur district,
6) The Commissioner, Kondapally municipality, Krishna District,
7) The Commissioner, Vijayawada Municipal Corporation,Vijayawada, Krishna district and
8) The Panchayat Secretary,Avanigadda Panchayat, Krishna district.
Direction 12 Though, it was mentioned regarding the Tungabhadra stretch that the APPCB has not given permission to any industries to discharge the industrial effluents into the river Tungabhadra and it is observed that there is no discharge of waste water from the industries into the river. But, they have not mentioned as to how the treated water is being used or dealt with by the industrial units.
Compliance - There are three industries located in the neighborhood of river Tungabhadra near Kurnool town. APPCB has not given permissions to any unit to discharge effluents into river Tungabhadra. The status is as follows:
1) M/s. TGV SRAAC Ltd., (Formerly M/s. Sree Rayalaseema Alkalies and Allied Chemicals Limited) Gondiparla Village, Kurnool District.M/s. TGV SRAAC Ltd., is a chemical industry and is following Zero Liquid Discharge. The treated water is recycled into the process from UFRO plant and RO rejects are utilized for brine makeup.
For Oil & fatty acid plant the effluents of 400 KLD and 75 KLD from Power plant is used for green belt development in the premises.
2) M/s.SreeRayalaseemaHiStrengthHypoLtd.,Unit I,Sy.No.16,17,23,67&68, Gondiparla (V), Kurnool District.
3) M/s.SreeRayalaseemaHi StrengthHypoLtd.,UnitIV,Sy.No.13/A1, Gondiparla (V), Kurnool District.
22 These 2 units are following Zero Liquid Discharge and no effluent is disposed outside the premises. UnitII & UnitIII do not generate any effluent from their production process.
At present, there is no industrial discharges into the Thunghabhadra river, only sewage generated from Kurnoool Municipal Corporation is being discharged into the river course. The Kurnool Municipal Corporation (KMC) was reviewed in External Advisory Committee meeting held on 19.11.2020 and issued Show cause notice for levy of EC for nonconstructing STPs.
Direction 13 Under such circumstances, the Andhra Pradesh Pollution Control Board (APPCB) is directed to file a further report explaining the above circumstances mentioned by us in this order.
Direction 24 The Chief Secretaries of both State Governments are also directed to submit their action plan as directed by this Tribunal regarding the permanent and interim arrangements that they are going to do, till the necessary STPs are established to treat the sewage generated along the river stretch of Krishna in their respective States.
Direction 25 They are directed to submit the report to this Tribunal within a period of three months i.e., on or before 17.12.2020 by efiling.
Compliance Accordingly, the APPCB is submitting this report for favor of kind perusal."
6. Though in the report submitted by the Telangana Pollution Control Board (TPCB), it was mentioned that certain steps have been taken for establishment of Sewage Treatment Plants etc., in respect of the local bodies situated within 15 km radius of Krishna and Tungabhadra River, they have not mentioned the stage of implementation of these schemes and the time limit 23 within which it will be completed. They have not mentioned anything about the action taken by them, in respect of the directions given by the Principal Bench of National Green Tribunal in respect of implementation of Solid Waste Management Rules, 2016 in O.A. No. 606 of 2018.
7. As regards, the Andhra Pradesh State Pollution Control Board (ASPCB) is concerned, they have also only reiterated that certain notices have been issued and steps are being taken to implement the Solid Waste Management Rules, 2016 in that area. They have not mentioned anything in the report about the action taken on the basis of the directions given by the Principal Bench of National Green Tribunal in O. A. No. 606 of 2018.
8. When this was pointed out, the learned counsel appearing for Telangana State Pollution Control Board (TPCB) as well as Andhra Pradesh State Pollution Control Board (ASPCB) submitted they will come with further detailed report in this regard.
9. The learned counsel appearing for State of Andhra Pradesh submitted, that they will be coming with the detailed report regarding the proposed action plan of the State of Andhra Pradesh in this regard and also the action plan and the implementation of the Solid Waste Management Rules, 2016 in 24 these areas by respective local bodies and she wanted some more time for submitting such reports to this Tribunal.
10. It is quite unfortunate that the case is still pending as the matter is of the year 2016. All these menace of pollution of rivers stretches are happening on account of non-compliance of the Solid Waste Management Rules, 2016 and other pollution norms. Though several directions have been issued by the Principal Bench in this regard in O. A. 606 of 2018 and also other similar matters, the progress of the work for implementing the directions are not happening in a swift manner and the delay in implementation of such directions will lead to increase in pollution which in turn will affect the health of the people.
So priority must be given by the authorities for protecting health of people in an effective manner.
11. However considering the circumstances that certain steps have been taken, we feel that some more time can be granted to the authorities to come with a proper action plan as to how they are going to tackle the issue in an effective manner to save the holy river Krishna and Tungabhadra from pollution.
12. The respective departments are directed to file their independent response to this Tribunal regarding the action plan that they are going to take to implement the directions issued 25 by this Tribunal and also the Principal Bench in this regard to save river Krishna and river Tungabhadra in their region.
13. They are directed to submit the respective reports to this report on or before 01.03.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
14. The Registry is directed to communicate this order to both Pollution Control Boards namely, Andhra Pradesh Pollution Control Board (APPCB) and Telangana State Pollution Control Board (TSPCB) and also to both the Chief Secretaries as well as the official respondents of both the States by e-mail.
immediately for their information and action to be taken and compliance of directions given by this Tribunal.
15. For consideration of further reports, post on 01.03.2021.
...................................J.M. (Justice K. Ramakrishnan) ..............................E.M. (Shri. Saibal Dasgupta) O.A. No.27/2016, 29th January, 2021. Sr. 26