Kerala High Court
Suo Motu vs State Of Kerala on 16 October, 2020
Author: Shaji P. Chaly
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 16TH DAY OF OCTOBER 2020 / 24TH ASWINA, 1942
WP(C).No.9500 OF 2020(S)
PETITIONER:
SUO MOTU
SUO MOTO PROCEEDINGS INITIATED TO TAKE EMERGENT
ACTION AGAINST POLLUTION OF RIVER PERIYAR
BY ADV. SUO MOTU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
ENVIRONMENT DEPARTMENT,
THIRUVANANTHAPURAM
2 THE DISTRICT COLLECTOR
SOUGHT ERNAKULAM
3 KERALA WATER AUTHORITY ,
JALA BHAVAN, VELLAYAMBALAM,
THIRUVANANTHAPURAM-695033
4 THE EXECUTIVE ENGINEER
IRRIGATION DEPARTMENT, THIRUVANATHAPURAM
5 KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS MEMBER
SECRETARY,THIRUVANANTHAPURAM
SRI. ARAVIND KUMAR BABU, SENIOR GOVERNMENT PLEADER
FOR R1,R2 AND R4,
SRI.BENJAMIN PAUL FOR R3
SRI.T.NAVEEN, STANDING COUNSEL FOR R5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.9500 OF 2020(S) 2
JUDGMENT
SHAJI P. CHALY,J On the basis of the media report both mainstream and social about the horrific contamination of Periyar river, especially the reports appeared in the Indian Express and Times of India dailies, a suo motu public interest writ petition was registered by a Division Bench of this Court. Accordingly, the Government as well as the Pollution Control Board were directed to place pleadings and reports before this Court as per its order dated 21.4.2020.
Thereafter on 24.4.2020 the following order was passed.
" ORDER Shri T. Navin, learned Standing Counsel for the pollution Control Board, submits that a first report with respect to the allegations of pollution and contamination of river Periyar has already been placed on record. He further submits that a further report of a panel including an expert Hydrologist and such other experts, are being prepared and that he will be able to place it on record by the next posting date.
2. Shri Manu Govind, learned counsel, submits that he intends to appear for an impleading petitioner and prays that the video recordings of the river, which are in the hands of the Pollution Control Board, upto 18/3/2020 may not be allowed to be erased, since they are extremely vital to the cause in these proceedings.
3. We find force in the afore submission and therefore deem it appropriate to direct the pollution Control Board not to erase or tamper or WP(C).No.9500 OF 2020(S) 3 deal with the information that has been captured by the various CCTV cameras, installed on the banks of the river Periyar, upto 20/3/2020 until further orders are obtained from this Court. If the time frames for preservation of the data of the cameras have any limits, then the pollution Control Board will transmit all such data to a storage mechanism so that this Court will be in a position to access the same if it is so necessary. It is so ordered.
Post on 5/5/2020."
2. On the basis of the directions, various materials were placed before us in respect of pollution caused due to the discharge of effluence from various factories and other business establishments. Impleading petitions are also filed by various persons, who claims that there are sufficient materials with them to establish that no effective methods are adopted either by the State Government or Pollution Control Board to curb the nuisances occurred consequent to the conduct on the part of business establishments and others.
A report is filed by the Pollution Control Board also on 21.4.2020 stating as follows:
REPORT FILED BY THE 5TH RESPONDENT AS DIRECTED BY THIS HON'BLE COURT ON 21-04-2020 IN THE ABOVE WRIT PETITION Report filed by M.A Baiju, 53 years, S/o M.K Aravindakshan, now working as the Chief Environmental Engineer, Regional Office, Kerala State Pollution Control Board, Ernakulum on behalf of the 5th respondent. I am duly authorized by the 5th respondent to file this report. I know the facts and circumstances of the case.
1.It is respectfully submitted that this Hon'ble Court has vide its order dated 21-04-2020 initiated "Suo Motu" proceedings and registered the above Writ Petition in the light of the paper reports about the contamination of river Periyar during the lockdown period appeared in the Indian Express and Times of India. It is submitted WP(C).No.9500 OF 2020(S) 4 that the Kerala State Pollution Control Board (herein after referred to as "Board" is Suo Motu impleaded as 5th respondent in this Writ Petition. The above mentioned news reports are primarily related to the pollution caused in the river Periyar while opening of the shutter of the Regulator cum Bund provided at "Pathalam" in river Periyar, both the banks of which are industrial development areas (IDA) namely Eloor IDA and Edayar IDA, on the left and right respectively.
2. The River Periyar, originating from the upstream reaches bifurcating at Aluva into 2 stretches namely Marthandavarma and Mangalapuzha branches. The Mangalapuzha branch joins the Chalakkudy river at Puthanvelikara and the other branch again bifurcates into two near Ambattukavu; one branch pass through Eloor industrial area (Eloor branch) and another branch is known as Edamula branch or Muttar River. Both these branches join together at Varappuzha ferry and finally discharge to Arabian sea. The Eloor - Edayar industrial area is situated on the left and right banks of Periyar (Eloor Branch) respectively. A major portion of industries of the state, are located along the banks of Periyar and concentration of these industries within a stretch of 5 Km at the Eloor-Edayar area. These industries depend on this river for their daily use of process water and disposal of treated effluents as well. There are certain bunds constructed 1) at Manjali bridge (known as Purappalikav bund) in order to prevent saline water intrusion during post monsoon season and 2) at Pathalam in the Eloor Branch 3). at Manjummel in the Edamula branch which prevents the entry of saline water during high tide to the upstream of the river. All the major water pumping stations are located at the Edamula stream of River Periyar and about 20 MLD of water is being extracted from this branch by various industries/establishments.
3. Almost all major industries in Eloor area are located at the downstream of the Pathalam bund where as some industries are located in the upstream of the bund, but downstream of the Pathalam bridge which is situated about 1 km away from Patahalam Bund. The major effluent generating industries of Edayar industrial area are M/s Cochin Minerals and Rutiles Ltd (discharging at downstream of bund), M/s TMS leathers, M/s Malaya rub-Tech, M/s Alpha Crumb Rubber Ltd (Merdeck) at the upstream of the Bund and M/s Indo German Carbons Ltd, M/s Sud-chemie (India) Pvt Ltd, M/s Marksmen Pvt Ltd are at the downstream portion. On the Eloor side, the industries situated are M/s Travancore Cochin Chemicals Ltd, M/s FACT Ltd (Udyogamandal division), M/s Indian rare earths Ltd, M/s Hindusthan Insecticides Ltd WP(C).No.9500 OF 2020(S) 5 and M/s Merchem Ltd which are also situated at the downstream of Pathalam Bund in the River Periyar.
4. It is submitted that the Board is continuously receiving complaints on pollution of Periyar River due to operation of these industrial units particularly during the opening of the regulator provided at Pathalam. It may be noted that almost all the units located at IDA Eloor and Edayar are utilizing Periyar for meeting their water demand and discharge of treated effluent. All the units are functioning there with the consent of the Board and with advanced pollution control facilities. The Board, through its Environmental Surveillance Centre (ESC) located at Eloor regularly monitors these industries and collecting effluent samples from authorized outlets. This Surveillance Centre functioning there under the control of an Environmental Engineer and an Environmental Laboratory is functioning there capable of doing major portion of parameters. It is important to note that a team of Engineers as "Surveillance Team"
are always on duty and functioning round the clock. A Surveillance Camera Centre is also operational under which 9 number of cameras are attached including night vision cameras also.
5. It is humbly submitted that during this lockdown period also the Board had received complaints on discolouration of Periyar. Recent complaint received on 30.03.2020 was also reporting the discolouration of River to blackish colour that caused fish death in the area. In this context it is vital to be noted that in view of the outbreak of COVID-19, the Government had declared lockdown in the entire state and the Surveillance Centre at Eloor was not functioning in its full swing. Though the Environmental Surveillance Centre (ESC) was not functioning in its full strength, on receiving complaints enquiries were being conducted by the ESC with the permission of the Head Quarters. Also based on the direction of state Government, all the industries at Eloor /Edayar industrial belt stopped its operation on 24.03.2020. The Factories and Boilers department vide circular No. G4/2407/2020/F&B dated 23.03.2020 directed all industries to follow safe shutdown an issued guideline for the shutdown of the industries exempting industries who are manufacturing essential items. However, the bone meal industries at Edayar started its operation since large quantities of slaughtering waste were accumulated due to the operation of industrial units who are producing essential products such as fish, chicken and meat etc. It is informed that the WP(C).No.9500 OF 2020(S) 6 bone meal industries also got special permission from the Police department to bring the raw materials to their industry. It is also reported that that the operation of these Bone meal industries is not continuous as only small quantity of wastes are being received in the unit. On receiving such complaint, the Board had conducted enquiry on 30.03.2020, 07.04.2020 and monitoring were carried out on 10.04.2020, 11.04.2020 and once again conducted enquiry and monitoring on 17.04.2020 also for the precise assessment of water quality during lockdown. True copy of the Analysis report of water samples collected on 07.04.2020, 10.04.2020 and 11.04.2020 are produced herewith and marked as Annexure R-5(a). As per the above data, it can be noted that the Dissolved Oxygen (DO) level is very much less at the bottom portion of the river which results in extreme anaerobic condition at the bottom and increase in the concentration of BOD. It may be pertinent to note that later on some industries have started operation based on Central and state Govt. specific directions. Status of Large-scale industries as on 17-04-2020 is as follows.
Operational Status of large-scale industrial units as on 17.04.2020 Sl Name of Industry Closing date Latest status No 1 FACT - UD Operation of The The company (fertilizer Plant) got Fertlizer Plants, Acid exemption from Govt of India and M/s plants etc completely FACT informed the Board that the Captive Stopped on 24.03.2020 power Plant, Ammonium sulphate Plant and Direct Neutralization plant will be started on 08.04.2020 to meet fertilizer demand.
2 FACT, PD The unit is already non- Only Captive Power Plant informed to be operational since 2012 start operation on 08.04.2020 for the and trial run of each plant starting of fertilizer plants in UD progressing.
2 TCC Operation of Plant Started partial operation as per the stopped on 24.03.2020 G.O(MS). No.60/2020/GAD dated 04.04.2020
3 HIL Operation of Plant Started operation on 06.04.2020 as the stopped on 24.03.2020 Pesticide manufacturing unit exempted vide order GOI Order No. 40-3/2020-DM-I(A) dated 24th March, 2020 4 IRE, Eloor Operation of Plant Closed till date stopped since, WP(C).No.9500 OF 2020(S) 7 24.03.2020 5 CMRL, Edayar Operation of Plant The company is permitted to operate via stopped since, order No.73/Prl.Secy/Ind&Norka/2020 24.03.2020 dated 07.04.2020 from Principal Secretary (Industries) and started operation on 17.04.2020.
6 Sud-Cheme, Operation of Plant The company is permitted to operate via
Edayar stopped since, order No.81/Prl.Secy/Ind&Norka/2020
24.03.2020 dated 09.04.2020 from Principal Secretary
(Industries) and started operation on
12.04.2020.
7 Arjuna Naturals, Operation of Plant Started operation since, 05.04.2020 as per
Edayar stopped since, the Order No. DICEKM/638/2020-A4(64)
24.03.2020 of General Manager, DIC, Ernakulam.
8 TMS Leathers, The unit functioned for Stopped operation on 01.04.2020.
Edayar using the available raw
materials.
Operational Status of small-scale industries as on 17.04.2020 Sl Name of Industry Product Closing date Latest status No 1 AES Industries, Industrial Bone meal Operation of Plant The bone meal Development Area, Edayar, stopped since, industries intermittently Muppathadom P.O. 24.03.2020 operating depending on the availability of raw materials 2 Biocon Organics (P) Ltd., Bone meal Operation of Plant Industrial Development Area, stopped since, Edayar, Binanipuram P.O. 24.03.2020 3 Nelkadir Bone Industries, Bone meal Operation of Plant Industrial Development Area, stopped since, Edayar, Muppathadom P.O. 24.03.2020 4 Organo Fertilizers (India) Bone meal Operation of Plant Bone meal unit working Pvt. Ltd., IDA, Edayar, and Poultry stopped since, depending on the Muppathadom P.O. feed 24.03.2020 availability of raw material WP(C).No.9500 OF 2020(S) 8 5 Panchami Agro Indushies, Bone meal Operation of Plant VI/588, 589, Industrial stopped since, Development Area, Edayar, Binanipuram P. O 24.03.2020 6 Sigma Fertilizers, Bone meal Operation of Industrial Development Plant stopped Area, Edayar, Muppathadom P. O since, 24.03.2020 7 Sigma Fertilizers, Bone meal Operation of The bone meal Industrial Development Plant stopped industries occasionally Area, Edayar, Muppathadom P. O since, 24.03.2020 operating depending on 8 Ashan Exports & Bone meal Operation of the availability of raw Furnishers Industrial Plant stopped Development Area, Edayar materials Muppathadom P.O. since, 24.03.2020 9 Five Star Industries IDA, Bone meal Operation of Edayar, Muppathadom P. Plant stopped O since, 24.03.2020 10 National Industries, Door Bone meal Operation of No. Y178I, Industrial Plant stopped Development Area, Edayar, Muppathadom P. since, 24.03.2020 O 11 Varkey's Industries, Bone meal Operation of Industrial Development Plant stopped Area, Edayar Binanipuram P.O. since, 24.03.2020 12 M/s Siya Enterprises Plot Bone meal Operation of No-162, Industrial Plant stopped Development Area Edayar,Muppathadom since, 24.03.2020 14 Parakkal Industries, Poultry Operation of Not operating Edayar Plant stopped since, 24.03.2020 13 M/s. Marksmen Marine Bone meal Operation of Not operating Products Pvt. Ltd., Plant stopped Industrial Area, Edayar, Binanipuram since, 24.03.2020 14 Microtrol Sterilization Spices Operation of Got exemption from Services Pvt. Ltd., Sterilizatio Plant stopped on State Govt on Industrial Development Area, Edayar, n unit 24.03.2020 27.03.2020 and Muppathadom P.O. presently operating.
WP(C).No.9500 OF 2020(S) 9
15 Microtrol Sterilization Operation of
Services Pvt. Ltd.,
Plant stopped on
Industrial Development
Area, Edayar, 24.03.2020
Muppathadom P.O.
6. It is humbly submitted that during enquiry, the complainants alleged that the discolouration is caused due to the industrial discharge of untreated effluent to the river. The complainants appealed that the discharge is from M/s Malaya Rub Tech (crumb rubber manufacturing unit) and M/s TMS leathers (Tanning industry). The Board officials had conducted enquiry in these units also on 30.03.2020 and 07.04.2020. M/s Malaya Rub Tech was completely closed and no processing was found carried out. M/s TMS leathers were processing to finish their available raw materials stored inside the unit. Their ETP was operating satisfactorily. All the other effluent generating units at the bank of River Periyar was completely under shut down and there were no unauthorized effluent discharges noted to Periyar.
7. It is respectfully submitted that similar incidents of changing of river water in to black colour at the upstream side of Pathalam bund had occurred in the previous years also. It is submitted that regular river monitoring is being conducted along this stretch of Periyar by the ESC at Eloor. There are several reports based on these monitoring conducted by the Board, which reveals high levels of organic load in the River at this area (especially in the bottom portion of the river at upstream of Pathalam bund) and also low levels of Dissolved Oxygen. Different studies of the Board pointing on the need to prevent accumulation of organic load in to the river through different streams originating from different areas which include discharges from domestic as well as commercial establishments. At this juncture, direct septage discharge by septic tank cleaners, especially during odd hours, and the effluent flow from local bodies through various drains are also considered to be the major source of pollution of water in River Periyar. It is submitted that the local bodies are responsible for preventing such untreated effluent flow from their area or keeping the standards of effluent discharge by providing suitable sewage treatment plants. It is sad to note that no local bodies have provided such treatment plants and the one provided by Aluva Municipality is under dilapidated condition since 2016. It is with due seriousness the Board had intervened in WP(C).No.9500 OF 2020(S) 10 this matter and identified various other sources of sewage also into river and directions were given to the local bodies for preventing the discharge of untreated sewage to river. It may also be noted that leachate flow from various facilities viz. Municipal Market at Aluva, Kalamassery municipal market, and Solid waste dumping yard of Kalamassery Municipality from which leachate is flowing through Thoombunkal Thodu to Muttar river(Edamula Branch of River Periyar) are important among them. It is humbly submitted that the Kalamassery Municipality has been imposed with an amount of Rs. 2.14 Crores towards environmental compensation for not properly managing the solid waste generated within its jurisdiction. However the Municipality has challenged the said order of the Board is under challenge before his Hon'ble Court and this Hon'ble Court had stayed the operation and implementation of the order passed by the Board against the Municipality. It is pertinent to note here that in compliance with the order of the Hon'ble NGT in O A No. 673 of 2018 the Board had studied in detail about the sewage flow in to river and assessed the organic load of every streams originated from almost all the catchment zones. True copy of the data prepared by the Board showing Biological Oxygen Demand (BOD) load of major drains and map showing its locations are produced herewith and marked as Annexure R-5(b) & Annexure R-5(c) respectively.
8. It is respectfully submitted that the Pathalam bund is constructed and operated by Irrigation department which is kept closed during summer for preventing the salt water intrusion. It is opened only if there is increase in chloride content in fresh water. The closing of bund in summer results in stagnation of river water and the flow of entire river gets restricted and also the water level in this time will be very low. The stagnation results in the accumulation of entire waste flowing up to the bund. The restriction of environmental flow of river and stagnation results in accumulation of wastes and stratification of river water. Top layer of river water will be having abundant dissolved oxygen whereas low levels of oxygen level at bottom creating an anaerobic condition at the bottom. This increases the organic load in the sediments in the river which causes the blackish colour of River. The opening of bund at this stage allows the sediments and water which have low oxygen level to flow downstream all of sudden creating a shock load at entire downstream area will results in oxygen depletion in entire downstream causing fish death at downstream. The Board had also conducted microbiological examination of river water in the upstream side of Pathalam bund and the analysis WP(C).No.9500 OF 2020(S) 11 reports reveals the presence of marine algae "Platymonas.sp" which results the algal bloom in river causing "Eutrophication" phenomena. The algal bloom mainly caused due to stagnation and accumulation of wastes containing nutrients (mainly Nitrogen and Phosphorus) in the presence of abundant sunlight. It is vital to note here that several notices were issued to Irrigation Department explaining the importance of opening of the shutters on regular basis. It is submitted that the Hon'ble NGT in O.A. No. 498/2015 has issued an order to maintain minimum environmental flow in the river Periyar. However, the Irrigation department has not considered the said order in its letter and spirit citing various technical difficulties. Copy of the notice issued to the Chief Engineer, Irrigation Department dated 10.04.2019 is produced herewith and marked as Annexure R-5(d). The above-mentioned issues due to the obstruction of flow can be avoided by taking following actions
1. Maintain minimum flow in the river as directed by Hon'ble NGT in O.A No. 498/2015.
2. Prevent discharge of untreated sewage from various townships, flats, Hotels and other domestic activities.
3. Installation of STPs in all local bodies to achieve effluent standards as stipulated by the Board.
4. The operation of bund shall be done on daily basis on a prepared tidal chart.
9. It is respectfully submitted that the Board, had engaged Cochin University of Science and Technology to conduct a study on recurring fish deaths occurred in the river and submitted report in March 2015. The report concluded as follows, Summary and Conclusion Eloor -Edayar industrial region has a great role in controlling water quality of Periyar river especially in downstream stretches near to Cochin estuary. Thousands of people in Cochin depend on Periyar for their drinking water supply. Pathalam bund at Eloor-Edayar region and Purappilikavu bund at Aluva-Manjali region prevent the saline water intrusion from Arabian Sea into Periyar river in pre-monsoon season. But in Eloor-Edayar region wide spectrum of industrial pollutants is adversely affecting the natural environmental quality of water and stressed the aquatic life during the natural environmental quality of water and stressed the aquatic life during the closure of Pathalam bund.
`During the closure of Pathalam bund water quality has severely deteriorated in Eloor region and recurring fish kill has occurred every year. Due to the recurring fish kill and associated social issues in Periyar river at Manjummal-Pathalam zone, the Government of Kerala directed Kerala State Pollution Control Board to conduct a thorough investigation on the issue and submit the findings and recommendations to the Government for necessary action. KSPCB constituted a committee to study the fish kill WP(C).No.9500 OF 2020(S) 12 issue in Periyar river and submit its findings to the Government. Dr. S Bijoy Nandan, Associate Professor, Department of Marine Biology, Microbiology and Biochemistry, was entrusted the task of the proposed study.
The present study observed that water quality status of the study area was not healthy. According to the drinking water quality index done in the study area, water quality of the study area was not good for drinking. Before and after the breakage of the Pathalam bund, drinking water quality both in upstream and downstream regions recorded from medium to bad. A major fish kill incident was also reported during the study period. The closure of Pathalam bund restricted the normal flow of water in the river. In the absence of efficient flushing, heavy loads of organic and inorganic wastes accumulated in the upstream region of the river, which changed the normal ecology of the river system. Water temperature in the downstream ranged from 29 to 34.9 0C that in the upstream from 31 to 34.50C; pH in the downstream ranged from 5.32 to 9.12 that in the upstream from 5.2 to 8.01, turbidity in the downstream ranged from 0.8 to 9.9 NTU that in the upstream from 07. To 11.8 NTU; transparency in the downstream ranged from 0.3 to 1.5 m that in the upstream 0.4 to 1.3m; total dissolved solids in the downstream ranged 0.4 to 1.3m; total dissolved solids in the downstream ranged from 0.019 to 11.8 NTU; transparency in the downstream ranged from 0.3 to 1.5 m that in the upstream 0.4 to 1.3m; total dissolved solids in the downstream ranged from 0.019 to 96 ppt that in the upstream from 0.011 to 51.1 ppt; total hardness in the downstream ranged from 120 to 880 mg/l that in the upstream from 120 to 680mg/l. The higher turbidity values and low transparency (light penetration depth) also affected the primary productivity and oxygen carrying capacity of the ecosystem.
High organic load was observed in upstream before the breakage of the bund. High values of total coliform (range was 210 to >1100 MPN index/100 ml) was also recorded in upstream, indicating that open defecation also added to the organic load in the study area. High concentrations of unionized ammonia (av: 0.27µmol/l and 0.22 µmol/l), ionized ammonia (av:1.46 and 2.01 µmol/l), nitrate (av: 20.34 and 21.48 µmol/l), phosphate (av: 1.46 and 2.01 µmol/l) and silicate (av : 48.59 and 127.03 µmol/l) were observed in upstream region before the breakage of Pathalam bund which depleted the dissolved oxygen values leading to hypoxic condition in the upstream. A high level of biological oxygen demand (BOD) (average BOD value in surface water was 12.86 mg/l and 18.91mg/l in bottom) was recorded in all stations High COD (average COD value in surface water was 158.02 mg/l and 164.64 mg/l in bottom) values were also observed in upstream, indicating the possible chemical pollution from nearby chemical industries. In the absence of oxygen, sulphate reducing bacterium in sediment liberated hydrogen sulphide in water (average sulphide value in surface water was 114.92 and 122.08 µmol/l in bottom). Elevated concentration of ammonia and hydrogen sulphide was toxic to aquatic organisms that were characteristic in the upstream before the breakage of the bund and also downstream after the breakage of bund.
Environmental quality is essential for existence of life in aquatic ecosystem. Any discharge or sequence of events in the aquatic environment that interfere or alter the WP(C).No.9500 OF 2020(S) 13 quality of the ecosystem can trigger mortality of fishes and other aquatic organisms. Depletion of dissolved oxygen (DO) is the main reason for fish kills in rivers. When oxygen levels decrease to 3 mg/l or less, fish will become stressed. Fish kill incidents might be expected when DO concentration falls below 2 mg/l. High concentration of ammonia-nitrogen is also lethal for fishes. Ammonia concentration above 5.87 µmol/l may cause fish death in aquatic bodies that also indicate fresh industrial effluent discharge. Unionized ammonia concentration below 1.17 µmol/l is safe for aquatic organisms especially fishes.
For preventing the early breakage of Purapillikavu bund, Department of Irrigation fractured a small portion of Pathalam bund on 4 th April 2014. Then large quantities of the stagnant dirty water gushed across the bund from upstream to downstream with high flow rate. That process caused a spontaneous hike in organic load and downstream which was already in hypoxic condition. That high organic load and toxic sludge material suddenly reduced the remained dissolved oxygen in downstream to below zero. Bottom water at zone 2 (downstream) changed into anoxic condition when aquatic life was impossible that led to immediate "Major fish kill"
situation.
Trophic Index (TRIX) (6.5910 to 7.1205) showed that during the study period, eutrophication has severely affected the entire study area both in upstream and downstream before and after the breakage of Pathalam bund. Rate of primary production in study area was affected by anoxia and accumulation of toxic products leading to high COD, BOD and high hydrogen sulphide and ammonia. The low N:P ratio (7.6200 to 9.3143) was recorded in entire study area also coincided before and after the breakage of the bund. It also clearly indicated the high concentrations of phosphate in study area. Accumulation of high concentration of phosphate especially in downstream might come from industrial effluents.
Sediment pH (pH ranged from 5.98 to 8.81) was alkaline in upstream and acidic in downstream during the entire study period. Discharge of the industrial effluents might be the reason for low pH in downstream. High total organic carbon was observed in upstream region during the entire study period. But organic carbon content was low in downstream. The high accumulation of organic pollutants in upstream was the reason for high organic carbon in upstream.
High concentrations of cadmium (0.02-0.06 mg/l) manganese (0.04-1.72 mg/l) and iron (0.29-10.35 mg/l were detected in water samples from downstream region of the study area. High concentrations of cadmium (7.19 ppm), iron (29166 ppm) and zinc (506 ppm) were detected in sediment from downstream region. That also enhanced the eutrophication in the study area.
The process of secondary productivity also collapsed in the study area. Anoxic and hypoxic conditions with high accumulation of toxicants like ammonia and hydrogen sulphide reduced the existences of zooplankton and benthic life in Eloor - Edayar region of the study area. Biomass of phytoplankton was high in upstream (42.66ml/m3) before the breakage of the Pathalam bund. But after the breakage of the bund biomass of the phytoplankton (22.66ml/m 3) was reduced. Average numerical WP(C).No.9500 OF 2020(S) 14 abundance of phytoplankton was high in upstream before the breakage of bund. But it decreased after the breakage of the bund. In downstream phytoplankton (microalgae) diversity and abundance was very low. Among the 38 genera of phytoplankton identified from the study area 21 were pollution indicators that could withstand the intensive pollution load in the area. According to the Palmer's index, zone 1 (downstream) was moderately polluted with organic matter than other zones before the breakage of the Pathalam bund. Elevated concentrations of silicate and phosphate in upstream region led high abundance of phytoplankton in upstream.
The macro benthic and zooplankton diversity were very low in the study area. Zooplankton abundance and diversity was very low in downstream, before and after the breakage of the bund. During the study period no macro benthos were identified in downstream. The macro benthos are mostly non-migrant, and can be used as indices of ecological changes in an aquatic ecosystem. The macro benthoses were represented only in St.1 (extreme downstream) where influence of the pollution was minimal. The other zones did not record any benthic fauna. The dissolved oxygen is one of the important limiting factors for the existence of macro benthos in aquatic system. The hypoxic and anoxic conditions, high concentration of ammonia and hydrogen sulphide in the bottom water (before and after the breakage of the Pathalam bund) might be the reasons for the low diversity and abundance of macro benthos in the study area. The low abundance and diversity of zooplankton and macro benthos indicated the deterioration in environmental quality of the study area.
Recommendations
1) The study has established that, the Periyar river adjacent to the upstream of Pathalam bund as well as the several pockets in the downstream regions have become barren, dead with high organic load, nutrient enriched, polluted micro ecological habitats where aquatic life has been paralysed. Immediate action should be implemented by KSPCB and other governmental agencies to deslilt and desludge the waste (partially treated effluent) and other settled matter from the upstream and downstream regions of Pathalam bund using suitable machineries and also by appropriate bioremediation methods. The cleanup and long-term management of the impacted zones of Eloor -Edayar segment of Periyar river can be taken up by CUSAT, with necessary support from the Government.
2) The improper closing and opening of Pathalam and Purapillikavu bunds during high tide or low tide period and lack of proper flushing has led to the polluted, dirty water accumulating in the upstream areas for the years from probably different industrial sources like paper and other industries that has led to major fish kill scenario in the river system. So effective steps have to be initiated for a proper synchronized opening and closing of the respective two bunds at Pathalam and Purapillikavu in coordination with other departments like KSPCB, Irrigation Department, Local Govt. agencies on day to day or weekly basis. The permanent bridge cum regulator being constructed at Pathalam would to a certain extent limit the incidence of such fish kill issues in the region. However, on a long-term basis the recommendations in this report will have to be implemented.WP(C).No.9500 OF 2020(S) 15
3) The treated effluents possibly released by the industries as per the Bureau of Indian Standards, Central Pollution Control Board and KSPCB standards, may contain toxic chemicals that could also be a reason for fish kill process along with the issue of eutrophication and other environmental problems. Steps should be made to direct all industries situated on the banks of upstream and downstream areas to release their treated effluents through pipes above ground along the banks of the river to a common treatment facility after which it can be released for agricultural and irrigation purpose. In addition, the outlets form the households (sewage, waste eater), slaughter houses, unorganized small scale, small time industries, shops etc., also need to properly drain their waste water disposal through suitable pipe system along the banks into the common treatment facility. The common facility of the treated effluent and other wastes generated from other sources should be managed by local self-governments and other governmental agencies in coordination with KSPCB.
4) Household/domestic wastes from Aluva and Kalamassery regions are one of the main pollutants in upstream stretches of Periyar river. Measures are to be taken to establish an integrated waste treatment system/management system in upstream region of the Periyar river for treating the house hold wastes from Aluva and Kalamassery regions.
5) KSPCB has done commendable work in managing the water quality problem rising from the recurrent fish kill problems in Periyar river for the last few years. A coordinating Council should be constituted representing the KSPCB, members from local community, local bodies, self-government, environmentalists and NGOs so that, they can coordinate with different governmental and non-governmental agencies in implementing the recommendations of the study and also keeping the Periyar river clean and tidy. The Coordinating Council can advise the government on remedial measures when incidents like fish kill and other government or remedial measures when incidents like fish kill and other industrial accidents that could occur in the Eloor-Edayar Industrial belt. A Periyar River Monitoring Authority (PRMA) should be established under the state government for the overall development and sustainability of Periyar river system.
6) This report is based on a two-month study but a detailed investigation on the fish kill and associated water quality issues needs to be conducted on a long-term basis probably for 2-3 years to understand the long-term effects on aquatic communities and resources in the river system for sustainable livelihood measures. An immediate study should also be done in coming summer march-June 2015, for comparing the results of the present report and this study, that would also be able to identify the toxic contaminants probably organic or inorganic source pollutants that could be responsible for the fish kill and other environmental degradation issues in the Eloor-Edayar Industrial region of Periyar river.
7) Periyar river system that drains into the Cochin estuarine system is an integral part WP(C).No.9500 OF 2020(S) 16 of Vembanad Wetland system, a Ramsar site of international importance for conservation and wise use for sustainable livelihood measures. Such recurring fish kills and associated pollution problems in the river system are detrimental for the very existence of aquatic life probably even affecting the Vembanad wetland system on a large scale. So, action plans as suggested should be implemented immediately for the overall benevolence of the people living in the region.
True copy of the relevant portions (Chapter 6) of the above-mentioned project report submitted by CUSAT is produced herewith and marked as Annexure R-5(e).
10. It is humbly submitted that the Board had also conducted various inspections and directions were given to irrigation department, local bodies and to the District Collector for further actions. It is submitted that the Periyar River falls under priority V of polluted stretch (Aluva-Kalamassery-Eloor). All the above issues noted in the river Periyar are addressed in the action plan prepared for rejuvenation of River Periyar in O.A No.673/2018 filed before the Hon'ble NGT. A detailed study was also conducted by the five members "Supervised Committee" constituted by the Hon'ble NGT as per direction contained in the order passed in O.A No. 560/2018. The committee consists of Officials from Central Pollution Control Board (CPCB), National Environmental Engineering & Research Institute (NEERI), State Environmental Impact Assessment Authority (SEIAA) and representative of District Magistrate in addition to Board officials. The Committee had conducted two detailed studies of river water and sediments in the polluted stretch and found that there is no significant pollution with respect to heavy metal/chemical in River Periyar. The Supervised committee in its meeting held on 09.01.2020 arrived at certain conclusions, which are extracted herein below:
"Conclusions The committee concluded as below:
i) The committee observed that except iron, no other heavy metals and Organo Chlorine Pesticides (OCPs) /Chlorinated Organic Compounds (COCs) were reported in the water samples taken from the Periyar river in the second monitoring.
However, in the first monitoring, the concentration of heavy metals was found slightly higher than the prescribed standards in few locations. The reduction in the concentration of heavy metals in the event of second monitoring is most likely due to the ongoing monsoon.
ii) The Concentration of OCPs/COCs, heavy metals in sediments taken from Periyar river were found lesser than the screening values (Dutch Interventions) in both occasions. However, traces of heavy metals viz, copper, cadmium, arsenic, WP(C).No.9500 OF 2020(S) 17 mercury and total chromium were reported higher than the Canadian Standards in the second event of monitoring.
iii) From the above, it is observed that no significant pollution has occurred in Periyar river w.r.t heavy metals and Organo Chlorine Pesticides (OCPs) /Chlorinated Organic Compounds (COCs). However, the committee felt that need of regular monitoring of these locations (as per the observed locations of first monitoring) with respect to heavy metals and identification of sources causing the traces of heavy metal in sediments. The regular monitoring may be carried out by KSPCB to keep close eye on illegal discharges from industries. The Concentration of OCPs/COCs (Pesticides) in sediment samples taken from Kuzhikandam thodu and Unthi thodu were found higher than the Site Specific Target Levels, these two thodu require remediation and the same was included in the DPR prepared ( A.3 area of Eloor) which is under process of preparing tender document for inviting experts to take up the remediation work"
True copy of the minutes of the sixth "supervised committee" meeting is produced herewith and marked as Annexure R-5(f) where in the relevant portions of the conclusions are highlighted in page numbers 37 & 38. Very recently, the Board office at Eloor had convened a meeting with officials of irrigation department on 06.03.2020 to discuss about the periodical operation of bund and also to review the action taken by the irrigation department in the implementation of the action Plan. The irrigation department informed that the bund cannot be operated regularly as it will reduce the water level considerably which in turn affect the pumping procedures to Kerala Water Authority, M/s BPCL Kochi Refineries, M/s FACT etc.
11. It is respectfully submitted that an episode of discoloration has experienced on 18th day of April 2020 also on which complaints from several parts of this area were received. During opening of shutters heavy flow of black coloured river water was experienced. It is to be noted that this phenomenon of discolouration and fish death was experienced during the opening of shutter on 30th of March 2020 also. Apart from that due to relaxation given for the working of industrial units, certain industries were commenced its operation on 17th of this month and some more industries are ready for commencement of operation for which specific orders from the Government are awaited.
12. I may humbly submit that an order was effected by the district collector specifically initiating action against the recent episode of discolouration of Periyar river. As per the order, this deponent is given charge for a detailed enquiry on the discolouration of river Periyar. In pursuant to that, a team of experts viz. Dr. WP(C).No.9500 OF 2020(S) 18 Sabu Joseph, Professor, Environmental studies, Kerala University and Smt. Reshmi, Hydrologist, CWRDM, Calicut under the leadership of Chairman, Pollution Control Board had conducted an inspection and independent monitoring of the area on 22.04.2020. During monitoring, three sets of water and sediment samples were collected individually from different locations of the river for conducting detail study and results of such sampling will be submitted before the Hon'ble High Court as and when it is received from the laboratories.
13. However, from the preliminary findings it is opined that if the flow restraint in the river is continued, the organic load will be amassed which in turn will definitely change the colour of the river and may result in fish death in the future summer seasons also. In these circumstances, it is important to note that a notice was once again issued to The Executive Engineer, Major Irrigation Department to submit explanation if any for not providing environmental flow in the river. However, no reply is received till date.
14. The Board is continuously monitoring the operation of industries located on the banks of River Periyar through surveillance squad and the surveillance cameras installed at the bank of river Periyar. In case of any unauthorized discharge or any violation being noted, action is being taken against them. "
3. While so when the matter came up before us on 29.9.2020, on the basis of certain information we were informed that, the issue with respect to the pollution of river Periyar is already pending consideration before the National Green Tribunal, Southern Bench and various orders are being issued by the Tribunal in order to abate the nuisance. Accordingly, we directed the respondents to produce the details with respect to the pending proceedings before the National Green Tribunal with the hopeful intention of avoiding the multiplicity of proceedings before two forums. Accordingly, the Pollution Control Board has produced the order passed by the National Green Tribunal WP(C).No.9500 OF 2020(S) 19 along with I.A.No.3/2020.
4. Today when the matter came up before us, all respective parties were heard and we have extensively gone through the orders passed by the National Green Tribunal in O.A.No.396/2013, O.A.No.262/2017 and O.A.No.395/2013. On going through the orders, we find that the aforesaid three original applications were filed before the National Green Tribunal seeking to redress the grievances faced by the public due to the contamination of river Periyar, which water sources is depended by various Panchayats, Municipalities and the Cochin Corporation area for requirement of drinking water. We are also of the view that the National Green Tribunal taking into account the factual situations presented before it are issuing periodic orders and is making all earnest efforts to abate the pollution of river Peiryar. In fact from the orders passed, it is clear that various scientific reports were also called for by the National Green Tribunal and is keenly monitoring the developments that are taking place on the basis of the directions issued to various stakeholders. It is also clear that various research organisations are also got involved in the remediation process and every attempt is made to ensure that the river is made pollution free and to stop discharge of effluence from the factories, business establishments and other adverse human interventions.
5. In that view of the matter, we are of the view that the suo motu writ petition can be given a quietus leaving open the contentions advanced by the WP(C).No.9500 OF 2020(S) 20 impleading petitioners as well as others in the writ petition to advance before the National Green Tribunal. Even though a submission is made before this Court so as to issue direction to the National Green Tribunal to attain finality to the pending proceedings, we are of the considered opinion that a lot of intrinsic issues are involved in the pending applications and we do not think providing a time limit for taking a final decision would be a viable solution.
Moreover, ultimately the requirement of the public is to clean up the river Periyar and therefore, finalisation of the proceedings in a hap hazard manner would not be conducive to the issues involved.
Therefore, the suo motu writ petition is disposed of recording the above aspects and leaving open the liberty of all parties to project their views before the National Green Tribunal in the pending proceedings or any others.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P.CHALY
smv JUDGE
WP(C).No.9500 OF 2020(S) 21
APPENDIX
ANNEXURE A : PAPER REPORT IN INDIAN EXPRESS NRWS PAPER.
ANNEXURE B : PAPER REPORT IN TIME OF INDIA NEWS PAPER DARED
19.04.2020.
RESPONDENTS' EXHIBITS:
EXT.R5(a) : TRUE COPY OF THE ORDER DATED 17.1.2020 IN
O.A.NO.396/2013 ETC. OF THE HON'BLE NGT.(SZ)
EXT.R5(b) : TRUE COPY OF THE ORDER DATED 20.1.2020 IN
O.A.NO.262/2017 (SZ) (M NO.215/2017) OF THE HON'BLE NGT.
EXT.R5(c) : TRUE COPY OF THE ORDER DATED 4.2.2020 IN O.A.NO.395/2013 (SZ) OF THE HON'BLE NGT. EXT.R5(d) : TRUE COPY OF THE ORDER DATED 5.5..2020 IN O.A.NO.395/2013 (SZ) OF THE HON'BLE NGT. EXT.R5(f) : TRUE COPY OF THE ORDER DATED 23.9.2020 IN O.A.NO.396/2013 (SZ) ETC. OF THE HON'BLE NGT.