Kissan Udey Samiti vs State Of Haryana on 23 October, 2019

[Cites 13, Cited by 3]

National Green Tribunal

Kissan Udey Samiti vs State Of Haryana on 23 October, 2019

Bench: Adarsh Kumar Goel, K. Ramakrishnan

     Item No. 11                                                      Court No. 1

                   BEFORE THE NATIONAL GREEN TRIBUNAL
                       PRINCIPAL BENCH, NEW DELHI


                          Original Application No. 764/2018


     Kissan Udey Samiti                                               Applicant(s)
                                        Versus


     State of Haryana & Ors.                                      Respondent(s)



     Date of hearing: 23.10.2019

     CORAM:         HON'BLE   MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
                    HON'BLE   MR. JUSTICE S.P WANGDI, JUDICIAL MEMBER
                    HON'BLE   MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
                    HON'BLE   DR. NAGIN NANDA, EXPERT MEMBER


     For Applicant(s):           Mr. Shiv Charan Garg, Advocate
     For Respondent(s):          Mr. Anil Grover, AAG, Haryana with Mr. Rahul
                                 Khurana, Advocate


                                        ORDER

1. Remedial action for violation of environmental norms on account of not providing proper sanitation system and sewage system in buildings constructed in Sectors 58 to 64 at Kundli, District Sonepat, Haryana depicted by the photographs filed with this application is the question for consideration.

2. Vide order dated 06.05.2019, after referring to the earlier proceedings, this Tribunal sought a report from the Chief Secretary of Haryana about the status of compliance of Municipal Solid Waste Management Rules, 2016 (SWM Rules) and compliance to Water (Prevention and Control of Pollution) Act, 1974 in terms of sewage management.

3. Report filed by the Chief Secretary, Haryana dated 19.06.2019 is that a Committee has been constituted to conduct survey of the area and to prepare action plan to deal with matter. Further report from the Chief Secretary filed on 05.07.2019 is that the Committee has started the survey which will be completed in two weeks. Third report of the Chief Secretary dated 28.08.2019 mentions the recommendations of the Committee and directions issued by the State as follows:

"Recommendations:

1. The tankers discharging the effluent to 7.5 MLD, RGEC, Patla may be made GPS enabled and all the untreated effluent be directed to be sent to 7.5 MLD STP from all the stake holders as per the directions of Regional Monitoring Committee's order dated 18.12.2018 in reference to the OA. No. 764/2018 and no untreated effluent be dumped on open land for percolation.

2. The in-charge of STP may be directed to maintain the record of quantity of effluent being received from individual stake holder, so that the defaulters can be penalized for not sending the effluent into STP and Environmental Compensation may be imposed as applicable.

3. The departments concerned may be instructed to ensure that the solid waste be disposed off at the site developed by the Municipal Corporation, Sonipat for the scientific disposal.

4. The Town and Country Planning Department may be directed not to issue any completion and occupation certificate to the projects till the development of complete infrastructure. Further, no license /CTO may be issued in the area in question till the complete sewerage system be provided by the HSVP and till the completion of work of proposed STP by HSVP.

5. Health Department may be directed to conduct a study to assess any possible adverse impact on the health of local residents.

After receipt of the above recommendations, directions have been issued.

(i) TCP Department shall ensure that all tankers discharging the effluent to the STP of 7.5 MLD capacity be fitted with GPS and a monitoring cell be established by HSVP at District Head Quarters to monitor the movement and regular discharge from all stakeholder units. HSVP shall also ensure maintaining the logbook of its STP to which the effluent is sent and reconcile with its movement records.

(ii) District Administration shall review the matter every fortnight and ensure that no effluent is discharged on land / dumped illegally. HSPCB shall take legal steps against the violators and send a monthly report in this regard to Environment Department.

(iv) ULB Department and Municipal Corporation of Sonepat shall ensure the compliance of Solid Waste Management, 2016 in the district and Deputy Commissioner shall review the progress in his fortnightly review, as directed by Honble NGT in OA No. 606/2018.

(iii) TCP Department shall not issue any Occupation / Completion Certificate to the upcoming / completed Projects, till the infrastructure and sewer systems are completely in place. Also, no further license / Consent To Operate shall also be issued by the Departments / Board concerned till the completion of all infrastructure facilities.

(iv) TCP Department has been directed to issue a Public Notice in this regard, if necessary.

(v) The Health Department has been directed to conduct a study to assess the possible adverse impact of the illegal discharge/pollution on the health of local residents.

(vi) TCP Department has also been directed to expedite and ensure timely completion of the laying of sewer lines and establishment of the proposed STP (with a capacity of 15 MLD) so that the issue is solved scientifically and permanently."

4. The said report is based on inspection report dated 16.07.2019 prepared by Regional Officer, HSPCB, Sonepat, District Town Planner, Sonepat, Executive Engineer, HSVP Sonepat and Executive Engineer, MC, Sonepat, inter-alia, stating as follows:

"As per discussion with the Town & Country Planning Department, the detail of TDI Projects with respect to Acre as mentioned in the Environment Clearance is as under:-

1. 11.46 Acre Group Housing -I (Kingsbury-I) Sector-61

2. 18.43 Acre Group Housing-II (Kingsbury-II) Sector-61

3. 22.86 Acre Group Housing-III (Tuscan City) Sector-58

4. 7.0 Acre Group Housing-IV (Not Sector-

Constructed)

5. 14.07 Acre Independent Group Housing-I Sector-61 (Kingsbury-III)

6. 14.288 Acre Independent Group Housing-II Sector-60 (My Floor-II)

7. 10.14 Acre Independent Group Housing-III Sector-

(Not Constructed) The Environment Clearance granted is not viable as single Environment Clearance has been granted for the sectors 58, 59, 60, 61, 63 & 64 as these sectors are at a distant and other projects are also falling in these sectors. No detail about the different projects falling in these sectors have been mentioned in Environment Clearance. It 3 seems that information from the local level as not been gathered while granting the Environment Clearance.

The project wise detail related to TDI Infrastructure Ltd. is as under:-

1. M/s TDI Infrastructure Ltd, (For TDI Kingsburry Apartments), G.T. Road, Sonipat-

The project is situated in Sec-61, Kundli, Sonipat. The Kingsburry Apartments are divided into three parts (i.e. Kingsburry-I, Kingsburry-II and Kingsburry-III). Earlier, Environmental Clearance dated 14.11.2007 as well as CTE dated 6.3.2012 was obtained for Sector-58, 59, 60 & 64. As Kingsburry Group Housing falls in Sector-61 and no prior Environmental Clearance & CTE was obtained for Sector-61. It was inspected by the team on dated 18.06.2019. As per record of this office, unit has not obtained CTE for expansion after obtaining Environmental Clearance for expansion dated 4.9.2017 which includes Sector-61 in the Environmental Clearance for expansion dated 4.9.2017. During survey, it was found that Kingsburry projects are in operation from around 2014 and part occupation was granted from 2012 to 2017. It clearly shows that these projects have been constructed without obtaining Environmental Clearance and without CTE/CTO from HSPCB. From the above, it is clear that unit comprising of Kingsburry Apartments, Sector-61 is running illegally. As per report submitted by the M/s TDI Infrastructure Ltd. The Kingsburry Apartments have 2999 Flats out of which 2050 flats are occupied. There are 22 residential blocks in the entire project There are 04 STP's of capacity 510 KLD each, have been installed for treatment of domestic effluent/ liquid waste. The detail of STP's is as under:-

Waste Water Balance: - Total No. of flats are occupied as per report of representative of Project= 2050. Estimated total No. of residents: - 2050*4= 8200. Estimated discharge per person: - 135 liter per day. Estimated discharge of the project per day: - 8200*135= 1107 KLD

1. Detail of STP installed at Block V: - The capacity of the STP installed is 510 KLD. This STP covers the blocks Y, V, K, W, S having approx 700 flats. The deficiencies observed during sampling are as under: -

I. No oil and grease trap has been provided. II. The flow meter has not been provided at the inlet of STP.

III. No dosing for growth of bacteria is being done.

IV.    Logbook is not being maintained.
 V.    The flow meter at the outlet of STP is lying
       abandoned.




                                                                  4

The samples of effluent from inlet and outlet of STP of V Block have been collected and sent to Haryana State Pollution Control Board laboratory at Panchkula for analysis. As per analysis report No. 880 dated 02.07.2019, the parameters of Outlet of STP are exceeding the prescribed limits of the Board (copy enclosed).

2. Detail of STP installed at Block D: - The capacity of the STP installed is 510 KLD. This STP covers the blocks A, B, C, D, and T having approx 700 flats. Almost 70% flats are occupied. The deficiencies observed during inspection are as under: -

I. The estimated effluent generation is 270 KLD. The STP is lying abandoned and untreated effluent is being discharged either through tanker in 7.5 MLD STP, Rajiv Gandhi Education Society, Patla or on open land near village Nangal for percolation.

3. Detail of STP installed at Block Z: - The capacity of the STP installed is 510 KLD. This STP covers the blocks E, Z, L, G, F and R having approx 800 flats. Almost 70% flats are occupied. The deficiencies observed during inspection are as under: -

I. The estimated effluent generation is 297 KLD.

The STP is lying abandoned and untreated effluent is being discharged either through tanker in 7.5 MLD STP, Rajiv Gandhi Education Society, Patla or on open land near village Nangal for percolation.

4. Detail of STP installed at Block K: - The capacity of the STP installed is 510 KLD. This STP covers the blocks K, J, H and EWS-1 & 2 having approx 650 flats. Almost 65% flats are occupied. The deficiencies observed during inspection are as under: -

I. The estimated effluent generation is 228 KLD.

The STP is lying abandoned and untreated effluent is being discharged either through tanker in 7.5 MLD STP, Rajiv Gandhi Education Society, Patla or on open land near village Nangal for percolation.

Action required by HSPCB:

Prosecution action alongwith imposition of Environmental Compensation as per HSPCB orders dated 29.4.2019 is required.

Short Term Action Plan:

i. The domestic effluent generated should be disposed off through GPS enabled tankers to 7.5 MLD STP REGC, Patla and manifest be prepared regarding the tankers sent and received.

ii. The logbook should be maintained in the project site having detail of tankers alongwith capacity, date & time sent to STP (7.5 MLD) and same logbook be also maintained by the HSVP.

iii. Special staff having representatives of Town & Country Planning Department, HSPCB, Municipal Corporation, HSVP be deputed for daily monitoring of the tankers carrying untreated effluent which are being sent to STP Patla.

iv. The project owner will ensure that there should be no leakage/spillage of untreated effluent while carrying the untreated effluent from project to 7.5 MLD STP. v. No occupation certificate/new allotment be granted by the Town & Country Planning Department and project owner respectively till permanent resolution.

Long Term Action Plan:

i. The project owner will upgrade the presently existing STPs to meet the standards prescribed norms by the Board and will submit adequacy report regarding the same from the reputed institute within 3 months. ii. The magnetic flow meter at the inlet & outlet of each STP be installed.

iii. The Continuous Online Effluent Monitoring System (COEMS) be installed on each STP, so that continuous monitoring be carried out by the Department.

iv. The treated effluent from STP shall be recycled/ re-used for flushing, horticulture & D.G. cooling. Excess treated effluent shall be supplied through Tanker for construction purposes till the laying of sewerage system in the area is completed.

v. The HSVP Department should expedite the work of laying of sewerage system in the area in question and should also expedite the installation work of STP proposed at village Aterna of capacity 15 MLD.

b) Compliance of Solid Waste Rules-

The unit is non-complying with SWM Rules and no facility for collection and segregation of solid waste is being done by the project Proponent. The project has also not made any agreement with any agency for scientific disposal of municipal solid waste which is being generated from the house hold and thus, non complying under provision of Solid Waste Management and Handling Rules, 2016.

Short Term Action Plan:

i. Separate wet and dry bins must be provided in each unit and at the ground level for facilitating segregation of waste. Solid waste shall be segregated into wet garbage and inert materials. Wet garbage shall be composted in Organic Waste Converter. Adequate space shall be provided for solid waste management within the premises 6 which will include area for segregation, composting. The inert waste group housing project will be sent to dumping site.

Long Term Action Plan:

i. The integrated Solid Waste Management Facility (500TPD), Sonipat Cluster at Village Murthal, District Sonipat, Haryana of Municipal Corporation Sonipat is being developed at Village- Murthal by M/s JBM Environment Management Private Limited which is to be completed by July 2020. Then agreement would be made with M/s JBM Environment Management Private Limited for scientific disposal of Municipal Solid Waste for compliance of Solid Waste Management Rules, 2016.

2. M/s TDI Infrastructure Ltd, My Floor 2, Sector-60, Sonipat-

The project inspected by the team on dated 19.06.2019. Environmental Clearance for expansion project has been granted for Sector- 58,59,60,61,63 & 64 dated 04.09.2017 and earlier Environment Clearance was granted to M/s Intime Promoters Pvt. Ltd. for Sector- 58, 59, 60 & 64, Kundli Sonipat vide No. J-12011/14/2006-IA III dated 14.11.2007. CTE was granted for Sector 58, 59, 60 & 64 dated 06.03.2012. The occupation certificate was issued by the Town & Country Planning Department on 28.08.2017. The unit has not obtained CTO from the Pollution Control Board as per this office record and is running without obtaining valid consent to operate of the Pollution Control Board and is violating the provision of EP Act,1986, Water Act, 1974 & Air Act, 1981. There are 540 flats as per report submitted by M/s TDI Infrastructure Ltd. in the above said project out of which 274 No. flats are occupied. The deficiencies observed during inspection are as under: -

Waste Water Balance: - Total No. of flats are occupied as per report of representative of Project= 274. Estimated total No. of residents: - 274*4= 1096. Estimated discharge per person: - 135 liter per day. Estimated discharge of the project per day: - 1096*135= 148 KLD Detail of STP installed: - The estimated effluent generation is 148 KLD. The unit has provided STP at site. The capacity of STP could not be established as STP was lying abandoned and no record was available at site for ascertaining the capacity. The STP is lying abandoned. The domestic effluent generated is being collected in the cemented collection tank and is being discharged through tankers on open land for percolation near village Nangal. The sample of effluent has been collected from the collection tank and sent to Haryana State Pollution Control Board Laboratory at 7 Panchkula for analysis and as per analysis report No. 895 dated 02.07.2019(copy enclosed), the parameters are exceeding the prescribed limit of the Board.

Action required by HSPCB:

Prosecution action along with imposition of Environmental Compensation as per HSPCB orders dated 29.4.2019 is required.

Short Term Action Plan:

i. The domestic effluent generated should be disposed off through GPS enabled tankers to 7.5 MLD STP REGC, Patla and manifest be prepared regarding the tankers sent and received.

ii. The logbook should be maintained in the project site having detail of tankers alongwith capacity, date & time sent to STP (7.5 MLD) and same logbook be also maintained by the HSVP.

iii. Special staff having representatives of Town & Country Planning Department, HSPCB, Municipal Corporation, HSVP be deputed for daily monitoring of the tankers carrying untreated effluent which are being sent to STP Patla.

iv. The project owner will ensure that there should be no leakage/spillage of untreated effluent while carrying the untreated effluent from project to 7.5 MLD STP. v. No occupation certificate/new allotment be granted by the Town & Country Planning Department and project owner respectively till permanent resolution.

Long Term Action Plan:

i. The project owner will make the presently existing STP functional to meet the norms prescribed by the Board and will submit adequacy report regarding the same from the reputed institute within 3 months. ii. The magnetic flow meter at the inlet & outlet of each STP be installed.

iii. The Online Continuous Effluent Monitoring System (OCEMS) be installed on STP, so that continuous monitoring be carried out by the Department.

b) Compliance of Solid Waste Rules-

Short Term Action Plan:

i. Separate wet and dry bins must be provided in each unit and at the ground level for facilitating segregation of waste. Solid waste shall be segregated into wet garbage and inert materials. Wet garbage shall be composted in Organic Waste Converter. Adequate space shall be provided for solid waste management within the premises which will include area for segregation, composting. The inert waste group housing project will be sent to dumping site.

Long Term Action Plan:

i. The integrated Solid Waste Management Facility (500TPD) , Sonipat Cluster at Village Murthal, District Sonipat, Haryana of Municipal Corporation Sonipat is being developed at Village- Murthal by M/s JBM Environment Management Private Limited which is to be completed by July 2020. Then agreement would be made with M/s JBM Environment Management Private Limited for scientific disposal of Municipal Solid Waste for compliance of Solid Waste Management Rules, 2016.

3. M/s TDI Infrastructure Ltd, Tuscan City, Sector-58, Sonipat-

The project inspected by the team on dated 20.06.2019. Environmental Clearance for expansion project has been granted for Sector- 58,59,60,61,63 & 64 dated 04.09.2017 and earlier Environment Clearance was granted to M/s Intime Promoters Pvt. Ltd. for Sector- 58, 59, 60 & 64, Kundli Sonipat vide No. J-12011/14/2006-IA III dated 14.11.2007. CTE was granted for Sector 58, 59 , 60 & 64 dated 06.03.2012. The occupation certificate has not been issued by the Town Country Planning Department till date. The unit has not obtained CTO from the Pollution Control Board as per this office record and is running without obtaining valid consent to operate of the Pollution Control Board and is violating the provision of EP Act,1986, Water Act, 1974 & Air Act, 1981. There are 615 flats as per report submitted by M/s TDI Infrastructure Ltd. in the above said project out of which 234 No. flats are occupied. The deficiencies observed during inspection are as under: -

Waste Water Balance: - Total No. of flats are occupied as per report of representative of Project= 234.

Estimated total No. of residents: - 234*4= 936

Estimated discharge per person: - 135 liter per day. Estimated discharge of the project per day: - 936*135= 127 KLD Detail of STP installed: - The estimated effluent generation is 127 KLD. The unit has not provided STP at site. The domestic effluent generated is being collected in the cemented collection tank and is being discharged through tankers on open land for percolation near village Nangal. The sample of effluent has been collected from the collection tank and sent to Haryana State Pollution Control Board Laboratory at Panchkula for analysis and as per analysis report No. 896 dated 03.07.2019 (copy enclosed), the parameters are exceeding the prescribed limits of the Board.

Action required by HSPCB:

Prosecution action along with imposition of Environmental Compensation as per HSPCB orders dated 29.4.2019 is required.

Action Taken By HSPCB till date:-

The Show Cause notice for prosecution has been issued to the unit along with provision of Environmental compensation vide HSPCB letter No. 1170-1171 dated 25.06.2019. The Environmental compensation on M/s TDI Infrastructure Ltd., Tuscan City, Sector-60, Sonipat is being imposed as per HSPCB order dated 29.04.2019.

Short Term Action Plan:

i. The domestic effluent generated should be disposed off through GPS enabled tankers to 7.5 MLD STP REGC, Patla and manifest be prepared regarding the tankers sent and received.

ii. The logbook should be maintained in the project site having detail of tankers alongwith capacity, date & time sent to STP (7.5 MLD) and same logbook be also maintained by the HSVP.

iii. Special staff having representatives of Town & Country Planning Department, HSPCB, Municipal Corporation, HSVP be deputed for daily monitoring of the tankers carrying untreated effluent which are being sent to STP Patla.

iv. The project owner will ensure that there should be no leakage/spillage of untreated effluent while carrying the untreated effluent from project to 7.5 MLD STP. v. No occupation certificate/new allotment be granted by the Town & Country Planning Department and project owner respectively till permanent resolution.

Long Term Action Plan:

i. The project owner will install the structurally adequate STP to meet the norms prescribed by the Board within 3 months.

ii. The magnetic flow meter at the inlet & outlet of each STP be installed.

iii. The Online Continuous Effluent Monitoring System (OCEMS) be installed on STP, so that continuous monitoring be carried out by the Department.

b) Compliance of Solid Waste Rules-

Short Term Action Plan:

i. Separate wet and dry bins must be provided in each unit and at the ground level for facilitating segregation of waste. Solid waste shall be segregated into wet garbage and inert materials. Wet garbage shall be composted in Organic Waste Converter. Adequate space shall be provided for solid waste management within the premises which will include area for segregation, composting. The inert waste group housing project will be sent to dumping site.

Long Term Action Plan:

i. The integrated Solid Waste Management Facility (500TPD) , Sonipat Cluster at Village Murthal, District Sonipat, Haryana of Municipal Corporation Sonipat is being developed at Village- Murthal by M/s JBM Environment Management Private Limited which is to be completed by July 2020. Then agreement would be made with M/s JBM Environment Management Private Limited for scientific disposal of Municipal Solid Waste for compliance of Solid Waste Management Rules, 2016.

xx xx xx 11

6. M/s CMD Built-Tech Pvt. Ltd. (Ushay Towers), Sector-

61, Kundli, Sonipat-

The said project is housing project and was inspected by the team on 19.06.2019. The occupation certificate has been issued by the Town Country Planning Department on 01.02.2018. The Environment Clearance was granted to the unit vide No 21-855/2007-IA.III dated 12.06.2008, which stands expired. The unit has also not obtained CTE/CTO from HSPCB and hence running illegally. The project has 16 towers with 08 towers under construction and remaining construction completed. There are 375 flats are to be constructed, out of which almost 200 flats are at possession stage. Almost 50 flats have been occupied by the residents.

Waste Water Balance: - Total No. of flats are occupied as per report of representative of Project= 50.

Estimated total No. of residents: - 50*4= 200

Estimated discharge per person: - 135 liter per day. Estimated discharge of the project per day: - 200*135= 27 KLD Detail of STP installed: - At present, unit has installed the STP of capacity 660 KLD in the premises. Almost 27 KLD effluent is being generated, which is being sent to STP of capacity 660 KLD. The deficiencies observed during sampling are as under: -

I. The flow meter has not been provided at the inlet & outlet of STP.

 II.    Logbook is not being maintained.

 Short Term Action Plan:

 i.     The unit will install Magnetic Flow Meter at the inlet &
        outlet of STP.
 ii.    The unit will maintain proper logbook for STP for record

of energy, chemical consumption & flow meter reading.

Long Term Action Plan:

i. The Online Continuous Effluent Monitoring System (OCEMS) be installed on STP, so that continuous monitoring be carried out by the Department.

ii. The treated effluent from STP shall be recycled/ re-

used for flushing, horticulture & D.G. cooling. Excess treated effluent shall be supplied through Tanker for construction purposes till the laying of sewerage system in the area is completed.

iii. The HSVP Department should expedite the work of laying of sewerage system in the area in question and should also expedite the installation work of STP proposed at village Aterna of capacity 15 MLD.

b) Compliance of Solid Waste Rules-

Short Term Action Plan:

i. Separate wet and dry bins must be provided in each unit and at the ground level for facilitating segregation of waste. Solid waste shall be segregated into wet garbage and inert materials. Wet garbage shall be composted in Organic Waste Converter. Adequate space shall be provided for solid waste management within the premises which will include area for segregation, composting. The inert waste group housing project will be sent to dumping site.

Long Term Action Plan:

i. The integrated Solid Waste Management Facility (500TPD) , Sonipat Cluster at Village Murthal, District Sonipat, Haryana of Municipal Corporation Sonipat is being developed at Village- Murthal by M/s JBM Environment Management Private Limited which is to be completed by July 2020. Then agreement would be made with M/s JBM Environment Management Private Limited for scientific disposal of Municipal Solid Waste for compliance of Solid Waste Management Rules, 2016.

7. M/s Parker Estate Development Pvt. Ltd., Sector-61, Kundli, Sonipat-

The said project is housing project and was inspected by the team on 19.06.2019. The occupation certificate has been issued by the Town Country Planning Department on 25.01.2012 & 27.01.2013. The project has 342 flats out of which almost 270 flats are occupied. The project had earlier obtained CTE/CTO from HSPCB but at present the project is not having valid CTO from HSPCB and hence running illegally.

Waste Water Balance: - Total No. of flats are occupied as per report of representative of Project= 270. Estimated total No. of residents: - 270*4= 1080 Estimated discharge per person: - 135 liter per day. Estimated discharge of the project per day: - 1080*135= 146 KLD Detail of STP installed: - The STP of capacity almost 250 KLD as per statement of representative of project proponent, has been installed in the premises. At present almost 146 KLD effluent is being generated, which is being sent to STP of 13 capacity 250 KLD. The deficiencies observed during sampling are as under: -

I. The flow meter has not been provided at the inlet of STP.

II. Logbook is not being maintained properly. III. The flow meter at the outlet of STP is non-

functional.

IV. On physical verification, it seems that the STP installed by the unit is not structurally adequate as per pollution load and needs to be ascertained from the reputed institute regarding structural adequacy.

The samples of effluent from outlet of STP has been collected by the team and sent to Laboratory, HSPCB, Panchkula for analysis and as per analysis report No. 894 dated 02.07.2019 (copy enclosed), the parameters are exceeding the prescribed limits the Board. Some part of treated/untreated effluent is being used for Horticulture within the premises and rest is being sent to 7.5 MLD STP, Rajiv Gandhi Education Society, Patla.

Short Term Action Plan:

i. The logbook should be maintained in the project site having detail of tankers alongwith capacity, date & time sent to STP (7.5 MLD) and same logbook be also maintained by the HSVP.

ii. The unit will install Magnetic Flow Meter at the inlet of STP.

iii. The unit will maintain proper logbook for STP for record of energy, chemical consumption & flow meter reading. iv. The project owner will submit structural adequacy report of STP from the reputed institute within 3 months.

Long Term Action Plan:

i. The Online Continuous Effluent Monitoring System (OCEMS) be installed on STP, so that continuous monitoring be carried out by the Department.

ii. The treated effluent from STP shall be recycled/ re-used for flushing, horticulture & D.G. cooling. Excess treated effluent shall be supplied through Tanker for construction purposes till the laying of sewerage system in the area is completed.

b) Compliance of Solid Waste Rules-

The unit is non-complying with SWM Rules and no facility for collection and segregation of solid waste is being done by the project Proponent. The project has 14 also not made any agreement with any agency for scientific disposal of municipal solid waste which is being generated from the house hold and thus, non complying under provision of Solid Waste Management and Handling Rules, 2016.

Short Term Action Plan:

i. Separate wet and dry bins must be provided in each unit and at the ground level for facilitating segregation of waste. Solid waste shall be segregated into wet garbage and inert materials. Wet garbage shall be composted in Organic Waste Converter. Adequate space shall be provided for solid waste management within the premises which will include area for segregation, composting. The inert waste group housing project will be sent to dumping site.

Long Term Action Plan:

i. The integrated Solid Waste Management Facility (500TPD), Sonipat Cluster at Village Murthal, District Sonipat, Haryana of Municipal Corporation Sonipat is being developed at Village- Murthal by M/s JBM Environment Management Private Limited which is to be completed by July 2020. Then agreement would be made with M/s JBM Environment Management Private Limited for scientific disposal of Municipal Solid Waste for compliance of Solid Waste Management Rules, 2016.

Xx xx xx

9. M/s Narang Constructions & Financiers Pvt. Ltd. (Max Height), Sector-62, Kundli, Sonipat-

The said project is housing project and was inspected by the team on 20.06.2019. The occupation certificate has been issued by the Town Country Planning Department on 06.09.2013. The project has 634 flats out of which almost 320 flats are occupied. The unit had obtained CTE from HSPCB but not obtained consent to operate from HSPCB.

Waste Water Balance: - Total No. of flats are occupied as per report of representative of Project= 320. Estimated total No. of residents: - 320*4= 1280 Estimated discharge per person: - 135 liter per day. Estimated discharge of the project per day: - 1280*135= 173 KLD Detail of STP installed: - The STP of capacity 400 KLD has been installed in the premises. At present almost 173 KLD effluent is being generated, which is being sent to STP of 15 capacity 400 KLD for treatment. The deficiencies observed during sampling are as under: -

I. The flow meter has not been provided at the inlet of STP.

II. Logbook is not being maintained properly.

Short Term Action Plan:

i. The unit will install Magnetic Flow Meter at the inlet of STP.

ii. The unit will maintain proper logbook for STP for record of energy, chemical consumption & flow meter reading.

Long Term Action Plan:

i. The Online Continuous Effluent Monitoring System (OCEMS) be installed on STP, so that continuous monitoring be carried out by the Department.

b) Compliance of Solid Waste Rules-

Short Term Action Plan:

i. Separate wet and dry bins must be provided in each unit and at the ground level for facilitating segregation of waste. Solid waste shall be segregated into wet garbage and inert materials. Wet garbage shall be composted in Organic Waste Converter. Adequate space shall be provided for solid waste management within the premises which will include area for segregation, composting. The inert waste group housing project will be sent to dumping site.

Long Term Action Plan:

i. The integrated Solid Waste Management Facility (500TPD), Sonipat Cluster at Village Murthal, District 16 Sonipat, Haryana of Municipal Corporation Sonipat is being developed at Village- Murthal by M/s JBM Environment Management Private Limited which is to be completed by July 2020. Then agreement would be made with M/s JBM Environment Management Private Limited for scientific disposal of Municipal Solid Waste for compliance of Solid Waste Management Rules, 2016."

5. From the above report, violations of Environment laws by the units in question can be briefly summed up as follows:

a) No prior Environmental Clearance & CTE was obtained

b) The projects have been constructed without obtaining Environmental Clearance and without CTE/CTO from HSPCB.

c) In terms of STP, the deficiencies observed during sampling relates to absence of flow meter at the inlet of STPs, non-

maintenance of log book, the outlet of STPs are exceeding the prescribed limits of board, etc.

d) Untreated effluents from STPs are being discharged either through tanker or on open land near village Nagal for percolation.

e) The units are non-complying with SWM Rules and no facility for collection segregation and disposal of solid waste exists

6. Fourth report has been filed on 22.10.2019 by the State Pollution Control Board (SPCB) to the effect that total amount of Rs. 1.32 crore has been levied as environmental compensation and temporary arrangement was being made for management of sewage system.

Further compensation is yet to be assessed.

7. The period of violations is 2 years or more. The turnover of the projects is in hundreds of crores. The deficiencies are in the knowledge of the project proponents who are in regular business.

During inspections noted above, project proponents have become further aware of the shortcomings. Though Environment is priceless, quantum of Environment Compensation has to be adequate to 17 restore the environment and must have deterrent aspect so that such violations are not profitable. No lenient attitude can be shown nor can such matters be unduly prolonged.

8. Legal position in this regard is settled. In Vellore Citizens Welfare Forum vs. Union of India (UOI) and Ors1, the Hon'ble Supreme Court interpreted "Polluter Pays" principle by stating that the absolute liability for harm to the environment extends not only to compensate the victims of pollution but also the cost of restoring the environmental degradation. Remediation of the damaged environment is part of the process of "Sustainable Development" and as such polluter is liable to pay the cost to the individual sufferers as well as the cost of reversing the damaged ecology. The Precautionary Principle and the Polluter Pays Principle have been accepted as part of the law of the land. Measure of compensation must be correlated to the magnitude and capacity of the enterprise because such compensation must have a deterrent effect. It was further observed on the basis of principle laid down in M.C. Mehta and Anr. vs. Union of India and Ors.,2 that a person undertaking an activity involving hazardous or risky exposure to human life is strictly liable for injury suffered by another person, irrespective of any negligence or carelessness on part of the managers of such undertaking. Pollution cannot be allowed to be profitable activity. The environment is priceless. Intentional violations have to be visited with more stringent damages than accidental or unintended. We have taken into account the principles for determining quantum of damages laid down, inter-

alia, in Sterlite Industries (India) Ltd. v. Union of India (2013) 4 SCC 575 : ¶ 47, T.N. Godavarman Thirumulpad v. UOI & Ors. (2006) 1 SCC 1 (1996) 5 SCC 647 2 (1987) 1 SCC 395 :

1 : ¶ 1, Indian Council for Enviro-Legal Action & Ors. v. Union of India & Ors. (1996) 3 SCC 212 : ¶ 67, Vellore Citizens Welfare Forum v. UOI , (1996) 5 SCC 647 : ¶ 11 to 13, M.C. Mehta v. Kamal Nath (1997) 1 SCC 388 : ¶ 10 , Public Trust Doctrine, ¶ 24, M.C. Mehta v. UOI & Ors., W.P (C) No. 13029/1985 order dated 24.10.2017, MCD v. Uphaar Tragedy Victims Association (2011) 14 SCC 481 : ¶ 99, 100, Vadodra Municipal Corporation v. Purshottam v. Murjani & Ors. (2014) 16 SCC 14 : ¶ 17 and M. C. Mehta & Anr. v. Union of India (1987) 1 SCC 395 : ¶ 32.

9. In the light of above settled principles, the action taken by the SPCB does not match the facts found in the inspection report dated 16.07.2019 filed by a joint Committee comprising of officers of the State Government. The violations, noted above, are of very serious nature and possibility of collusion of the officers of the State is not ruled out in permitting such violations and in failing to take requisite actions. The compensation assessed being grossly inadequate and disproportionate and the action of the SPCB being too slow shows the SPCB lacks necessary sensitivity for enforcing the rule of law or there is collusion at some level to cover up the illegality.

10. We accordingly direct the Chief Secretary, Haryana to consider referring the matter to vigilance or otherwise to ascertain intentional and collusive violation of law. The Chief Secretary may also oversee remedial action for speedy enforcement of environmental norms in the interest of health of the inhabitants.

11. Further, we find it necessary to constitute a joint Committee comprising representatives of CPCB, MoEF&CC and IIT Delhi to suggest realistic compensation to be recovered, apart from other 19 actions to be taken. The Committee will be assisted by the SPCB Haryana. The CPCB will be the nodal agency.

12. Pending further consideration, in the light of above findings in the inspection report, we are prima facie of the opinion that interim compensation as follows needs to be recovered:

      Sl.                Name of the Units                    Interim
      No.                                                   Compensation

      1.    M/s TDI Infrastructure Ltd, (For TDI           Rs. 10 Crores
            Kingsburry     Apartments),    G.T.  Road,
            Sonipat-
      2.    M/s TDI Infrastructure Ltd, My Floor 2,        Rs. 2.5 Crores
            Sector-60, Sonipat.
      3.    M/s TDI Infrastructure Ltd, Tuscan City,       Rs. 2.5 Crores
            Sector-58, Sonipat-
      4.    M/s CMD Built-Tech Pvt. Ltd. (Ushay            Rs. 2.5 Crores
            Towers), Sector-61, Kundli, Sonipat-
      5.    M/s Parker Estate Development Pvt. Ltd.,       Rs. 2.5 Crores
            Sector-61, Kundli, Sonipat.
      6.    M/s Narang Constructions & Financiers Pvt.     Rs. 2.5 Crores
            Ltd. (Max Height), Sector-62, Kundli,
            Sonipat.

13. The amount may be recovered by the State PCB and spent for restoration of the environment. The interim compensation will abide by final determination of compensation by the SPCB after following due procedure, including hearing the affected parties, in the light of the report of the joint Committee constituted as above. The Committee may give its report within three months by e-mail at [email protected] and a copy thereof may also be provided to the State PCB and the Project Proponents so the Project Proponents will have the opportunity to contest the same before the State PCB or in any other proceedings. We have not considered necessary to hear the Project Proponents at this stage in view of patent violations at this 20 stage shown by an independent inspection report and also in view of the fact that they will have sufficient opportunity after an expert report is available. We find adequate material for forming prima facie opinion about the quantum of Interim Compensation to be recovered.

A copy of this order be sent to the MoEF&CC, CPCB, Haryana State PCB, and IIT Delhi by e-mail for compliance.

List again on 25.02.2020.

Adarsh Kumar Goel, CP S.P Wangdi, JM K. Ramakrishnan, JM Dr. Nagin Nanda, EM October 23, 2019 Original Application No. 764/2018 DV 21

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National Green Tribunal

Kissan Udey Samiti vs State Of Haryana on 23 October, 2019

Bench: Adarsh Kumar Goel, K. Ramakrishnan