National Green Tribunal
M C Mehta vs Union Of India on 18 September, 2023
Item No. 10 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 200/2014
(C.W.P. No. 3727/1985)
(I.A. No. 340/2022)
M.C. Mehta Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 18.09.2023
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant(s): Ms. Katyayni, Adv. for Applicant
Respondent(s): Mr. Saurabh Jain, Mr. Prayag Jain & Mr. Aashish Sethi, Advs. for
the State of Jharkhand
Mr. Abhimanyu Singh, Adv. for Bihar SPCB (Through VC)
Mr. Gigi C. George, Adv. with Mr. D.P. Mathuria, Executive Director
for NMCG (Through VC)
ORDER
1. The Tribunal vide its earlier order dated 28.08.2023 had made it clear that the issue relating to prevention and control of pollution in the river Ganga will be taken up State Wise, City Wise and District Wise covering the entire stretch from where river Ganga and its tributaries flow.
2. In the earlier order dated 05.09.2023 the Tribunal had taken note of the detailed scheme of River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016 and specifically the role of the District Ganga Protection Committees which have been setup in each of the District from where river Ganga flows. Today the matter is fixed for taking up the issue relating to State of Bihar and Jharkhand. Learned 1 Counsel for the petitioner has filed written synopsis giving the relevant information which is as under:
STATE OF BIHAR
3. Learned Counsel appearing for the applicant has pointed out that there are 12 Districts which fall on the main stream of the river Ganga in the State of Bihar and there are total 26 Districts which are either on the main stream or on the Tributaries of river Ganga in the State of Bihar. These are as under:
GANGA RIVER AND ITS TRIBUTARIES (District wise) Origin/ S.No River Districts confluence
1. Ganga. R Gantotri, i. Buxar (Tributaries- Uttarakhand ii. Bhojpur Ghaghra, Gandak, iii. Saran/ Chhapra iv. Patna burhi-Gandak, v. Vaishali Kosi, Mahananda, vi. Samastipur and Karmnasa, vii. Begusarai sone, Punpun, kiul- viii. Lakhisarai Harohar, Badua, ix. Munger Chandan) x. Khagaria xi. Bhagalpur xii. Katihar
2. Gandak. R Tibet West champaran, East (Narayani) champaran, Gopalganj, (Tributaries- Confluence- near Muzaffarpur, , Saran, and Bhabsa, Harha, Patna Vaishali Kakra) downstream
3. Bhagmati. R Nepal Sitamarhi, Muzaffarpur, (Tributaries- Darbhanga and Samastipur Lakhandei, Confluence-
Darbhanga meets Kosi at
Bagmati, old Kamla Badlaghat
and Lalbakeya,
Hasanpur bagmati)
4. Kosi. R Nepal Sapaul, saharsa, Madhepura,
(Tributaries- Fariani Khagaria, Purnia,
Dhar, Dhemana Confluence- Bhagalpur, Katihar
dhar and Bagmati, Kursela, Katihar Kamla balan, Bhutahi balan, trijugi) 2 Origin/ S.No River Districts confluence
5. Sone. R Amarkantak Rohtas, Aurangabad, Arwal, (Tributaries- (MP) Bhojpur, Patna, Saran Rihand and North Koel, Bansagar Confluence-
dam) Maner
6. Karamnasa. R Kaimur Kaimur and Buxar
(Tributaries-
Dharmawati, Gopai,
Durgawati,
Chandraprabha,
Karunuti, Khajuri)
7. Punpun. R Palamu Chatra (JK), Aurangabad,
(Tributaries- (Jharkhand) Gaya, Patna
Morhar, Dordha,
Butane, Madar and Confluence-
Dhowa) Fatuha
8. Ghaghra/ Saryu. R Tibet Gopalganj, Saran (chhapra),
(Tributaries- Little Siwan.
Gandaki, Sondhi Confluence-
Nala, Jharahi and Chhapra
Daha)
9. Burhi Gandak. R Chanpatia West Champaran, East
(Tributaries- (Bihar) Champaran, Muzaffarpur,
Masan, Balor, Samstipur, Khagaria and
Pandai, Sikta, balan, Confluence- Begusarai.
Tilawe, Tiur and Khagaria
Dhanauti, Kohra,
Ramrakha, Sirisa,
Bagmati)
10. Kamla. R Nepal Madhubani
(Tributaries-
Sugarave, Dhauri,
Soni, Balan,
Trisula)
11. Phalgu. R Originates after Gaya
(Niranjana) confluence
(Tributaries- (Bodh gaya)
Mohane) with Mohana
River
(Hazaribagh
District)
12. Kuil- Harohar. R Khajuri Lakhisarai, Sheikhpura and
(Tributaries- Sakari, (Jharkhand) Jamui
falgu, Mohane
Paimar, Panchane
and Harohar)
3
Origin/
S.No River Districts
confluence
13. Thora. R Dhuan Kund at Rohtas, Bhojpur, Buxar,
Kaimur Plateau
14. Mahananda. R Sikkim Kishanganj, Purnia, Katihar
(Tributaries- Donk
Balason, Ratwa, Confluence-
Mechi, Eastern Nawabganj,
Kankai, western Bangladesh
Kankai, Parman)
15. Badua Chakia Plateau Muger, Bhagalpur
(Tributaries-
Belharna, Gobra
Nala, Chanan,
Barne nala,
Kamjori)
16. Chandan. R Deoghar hills Bhagalpur
(Tributaries- Orhni
,Kudar and Chatri)
4. The number of polluted river stretches in State of Bihar are disclosed to be as under:
NUMBER OF POLLUTED RIVER STRETCHES IN BIHAR, CPCB REPORT, 2022.
Polluted river Priority
S.No River BOD
stretches class
1. Bagmati Along Sirnia 3.6 V
2. Burhi Gandak/ Narkatiaganj to 10.0 IV
Sikrahna Pakridayal
3. Daha Gopalganj to Siwan 10.0 IV
4. Dhous Along Madhuvapur 5.6 V
5. Gandak Along Rewaghat 3.8 V
6. Ganga Along Buxar, Patna, 7.9 IV
Fatwah, Bhagalpur
7. Gangi Ara 8.0 IV
8. Ghaghra Along Revelganj 3.6 V
9. Harbora Along Narkatiaganj 8.0 IV
10. Kamala Along Darbhanga 5.0 V
11. Kohra Along Manjhaulia 8.0 IV
12. Lakhandei Along Sitamarhi 11.0 III
13. Manusmar Along Sitamarhi 6.0 V
14. Parmar Along Jogbani 3.4 V
15. Punpun Along Punpun 10.0 IV
16. Ramrekha Harinagar 12.0 III
17. Sirsiya Raxaul 30.0 II
18. Sone Koelwar 4.0 V
4
5. The details of major drains town wise in Ganga Basin the State of Bihar is as under:
LIST OF DRAINS (TOWN WISE IN EACH BASIN) River Towns & Number of drains Ganga 1.Patna A. (Phulwarishariff)- 20
2. Maner- 3 nallas
3. Danapur- 1 nalla
4. Bakhtiyarpur- 1 nalla
5. Barh- 7 nallas
6. Mokama - 4 nallas
7. Munger- 1 nalla
8. Sultanganj- 7 drains
9. Bhagalpur- 15 nallas
10. Buxar- 7 nallas
11. Barahiya- 4 nallas
12. Jamalpur- 4 drains
13. Kahalgaon- 6 nalla
14. Chhapra- 1 drain
15. Sonepur- 7 drain
16. Hajipur- 1 drain
17. Begusarai- 1 nalla
18. Khagaria- 2 drains
19. Naugachhiya- 15
20. Dighwara- 8 drains
21. Teghra- 1 drain
22. Manihari- 3 drains Punpun Patna- 1 (Badshah drian) Fatuha- 7 nallas Ramrekha Harinagar (Ramnagar) 5 drains Sirsia Raxaul 3 drains Sikrahna Narjatiaganj 3 drains Parmar 4 drains namely Khajurbari Drain, Ward No.6, Haji Mohalla Drain, Idgah Chowk Drain, Isalmpur Drain, Ward No.-17.
Sone Dehri- 2 main drains (total 8 existing drains) Arwal- 7 major drains Daudnagar Burhi Gandak Muzaffarpur- 12 drains Samastipur- 2 major drains Motihari Kosi Supaul- 4 drains Saharsa Madhepura Baghmati Darbhanga- 9 major drains (falling into Bahmati and kamla rivers) 5 Gandak Gopalganj- 2 Bagaha- 9 drains (falling into river Gandak, haraha and gagaha nalla) Mahananda Kishanganj Lakhisarai Jamui
6. The details of Industrial Estates in the State are:
Some of the industrial estates are:
a) M/s Barauni Oil Refinery
b) M/s Indian Tobacco Company Ltd.
c) Industrial Growth Centre Begusarai
d) Industrial Area Barauni Begusarai,
e) Industrial Area Nawada,
f) Industrial Area Gaya
g) Industrial Area Patliputra Patna,
h) Industrial Area Fatuha Patna,
i) Industrial Area Muzaffarpur,
j) Industrial Estate Muzaffarpur,
k) Industrial Area Growth Centre, Giddha, Ara
l) The Bihar State Milk Cooperative Federation (COMFED)
7. The written submission handed over by Counsel for the applicant discloses following key pollution issue in the State of Bihar:
KEY POLLUTION ISSUES
1. Groundwater contamination with Arsenic, Fluoride, Nitrate, Iron and Lead. Its causing lot of health issues (including cancer/ Gallbladder cancer) amongst people residing in the Gangetic belt.
2. Sewage being discharges into the river and tributaries- Sewage that includes domestic wastes, hospital wastes, industrial areas etc. Sewerage of rural and urban areas. STP for all major towns 6 in the Ganga basin are required and the operation of the same must be monitored on regular basis. TC/ FC is reportedly very high in the main Ganga River (after Patna)
3. Illegal sand and stone mining- by use of heavy machinery results in damage to the river ecology, depletion of ground water, ecological damage to the aquatic species and migratory birds, erosion of river bank and flood plains, damage to infrastructural projects, loss of royalty and cess etc)
4. Flood plain encroachment and operation of brick kilns on the floodplains of River Ganga.
5. Conservation of aquatic species- Gangetic Dolphins, gharial, otters, turtles and several aquatic and terrestrial birds. Bank feature alteration due to land-use changes such as agriculture, construction activities and sand mining has disrupted the lateral connectivity of the river in the floodplain. Sandbar cultivation in the states of Bihar and Jharkhand has rendered the habitat unsuitable for use as nesting sites by turtles and island-nesting birds. These existing threats are furher heightened by the impacts of climate change and altered water quality, questioning the survival of the aquatic species. (source-
https://nmcg.nic.in/pdf/Status%20report%2010%2005%2020 18_WII%20(1).pdf)
6. Industrial pollution- discharge of effluents in the tributaries of Ganga River and in the main stem itself. Detailed status report regarding quality assessment of effluents from all industrial area may be provided. Similarly, information on CETP performance report and timeline for establishment new CETP may also be furnished.
7. Plantation on both sides of the river
8. Biomedical waste disposal system- many big towns and cities like Patna, buxar, Bhagalpur etc have numerous health clinics and hospitals.
9. Hazardous waste disposal (Status from all Industries/ Industrial estates/ thermal power plants/ dairy/ leather units etc in the 38 districts of Bihar).
10. Municipal Solid waste disposal and legacy waste remediation. 7
11. Shifting of River Ganga from its original/ old course (noticed in districts like Patna) STATE OF JHARKHAND
8. So far as State of Jharkhand is concerned it has been pointed out that the main stream of river Ganga flows through District Sahibganj and the main tributary Damodar flows through three District i.e. Ramgarh, Dhanbad and Bokaro. The details of river Ganga and its Tributaries flowing through different districts of State of Jharkhand are as under:
DISTRICTS ON RIVER GANGA & ITS TRIBUTARIES River District Issues Ganga Sahibganj Brick kilns on floodplain Illegal mining of sand, clay, stone Sewerage from drains River island cultivation Damodar Ramgarh Industrial towns- pollution from (Origin- Dhanbad industrial effluents and hazardous Palamau, Bokaro waste. Bihar) Some ETPs non- performance and bypass into drain.
Mine water discharges Fly ash from TPP (eg. Bokaro) Coal washeries- consumption of water and discharge of liquid effluents.
Coke oven plants- produce tar oil, cyanide, ammonia and phenol.
The Bokaro steel and IISCO drain their effluents directly into the river Damodar.
Sindri (fertiliser and other chemical units) Sewage discharge (mixed drain/ kucha drain contamination) Municipal waste/ Biomedical waste/ Hazardous waste/ legacy waste disposal detailed status required as the three are major industrial town with dense population, health infrastructure and industries) 8 River District Issues Groundwater is critical @ Ramgarh and Dhanbad Tributaries of Damodar:
Sufi River Nalkari The main industrial units on this river are the BASL (steel) at Patratu and the Patratu Thermal Power Station (PTPS) that are polluting in nature. Bhairavi Konar Jamunia Bokaro It passes through the Polluted with industrial as domestic West Bokaro and effluents.
East Bokaro
coalfields. flows
into the Konar River
shortly before the
latter flows into the
Damodar River.
Khadia Nitrate pollution
Haharo
Ghari
Barakar Fluoride contamination
9. The industrial profile of Damodar River Basin in the State of Jharkhand is as under:
INDUSTRIAL PROFILE OF DAMODAR RIVER BASIN District Industries Status Bokaro Bokaro Steel Plant, BS City Discharges into Ganga River (BSP) BTPS BokaroThermal plant EC imposed Usha Martin ltd TPP Tenughat TPP Chandrapura TPP Bokaro Power supply Co Tata steel TPP KatharaTPP SAIL Electro steel ltd 9 District Industries Status Dhanbad Coking plants, coal washeries, No CETP in Dhanbad Chemicals, Cement, Distillery, EC levied on polluters Explosive factory and ancillary No closure order for units. establishment operating without STPs and Maithan Power ltd TPP damaging Damodar river. Moonidih CPP BCCL (pg. 23798, Affidavit) Ramgarh Ramgarh is an important industrial district of Jharkhand.
Several mineral based industries like steel, sponge iron, cement, refractory and thermal power plant etc. are established due to availability of coal and other minerals.
Patratu TPP Inland Power ltd
10. The key pollution issues relating to the State of Jharkhand disclosed in the written synopsis of the petitioner are as under:
KEY POLLUTION ISSUES
1. Illegal sand, clay and stone mining in the Ganga River and Damodar River Basins
2. Industrial pollution in Dhanbad, Bokaro, Sindri and Ramgarh
3. Sewage discharge from Sahibganj, Rajamahal, Dhanbad, Bokaro and other cities/ towns in the catchment are polluting the River Ganga and Damodar.
4. Floodplain encroachment
5. River island encroachment (eg. Sahibganj)
6. ETPs under or non- performance. Not all units have installed ETPs and STPs
7. Mine water discharge- Ministry of Environment and Forest (MoEF), Government of India (GoI) based on Comprehensive Environmental Pollution Index (CEPI) declared (January 2010) Dhanbad as a critically polluted area and identified four blocks of Dhanbad district viz. Dhanbad Sadar, Jharia, Govindpur and Nirsa as critically polluted. The predominant sources of pollutants in Dhanbad are Mines, Industries, Bio-medical waste as well as sewage and sullage of municipal areas and the townships of the aforesaid mines and industries.
8. Disposal of Fly ash from TPP (eg. Bokaro)
9. The over burden (OB) of mines, the rejects of coal washeries and ash of Thermal Power Plants are kept either on the river bed or near the river, which sooner or later go to the river. Further, the 10 sewage of towns, townships and suburbs finds way to downstream through septic tanks and soak pits.
10. Coal washeries- consumption of fresh water and discharge of liquid effluents.
11. Coke oven plants- produce tar oil, cyanide, ammonia and phenol.
12. The Bokaro steel and IISCO drain and other industries polluting river Damodar.
13. Municipal waste/ Biomedical waste/ Hazardous waste disposal and related pollution
14. Groundwater is critical @ Ramgarh and Dhanbad (over exploited)
15. Diseases- As per the CAG Audit Report on General, Social and Economic (Non-PSUs) Sectors, 31 March 2014- NPCDCS was launched (2010-11) by Ministry of Health and Family Welfare (MH&FW), GoI, in 100 districts of 21 States which included three districts (Bokaro, Dhanbad and Ranchi) of Jharkhand for reducing the burden of Non-Communicable Diseases (NCDs) such as cancer, diabetes, cardiovascular diseases and stroke.
11. The Executive Director of NMCG has appeared through virtual mode today and he has also submitted that the District Wise and City Wise information relating to key issues concerning the pollution in river Ganga and its tributaries will be furnished by the NMCG and that under the order of 2016 the District Ganga Protection Committee is the ground level unit which has been entrusted with responsibility and the District Magistrate is the Ex-Officio Chairman of the said Committee hence the requisite information can be furnished by it. He has also submitted that at the interval of every 15 days the data is collected in respect of the quality of water at different point in river Ganga. Hence he may provide the information so collected for last five years showing the quality of water at the entry and exit point of each of the State from where river Ganga flows. Executive Director, NMCG has pointed out that NMCG has also time to time advised all the States in Ganga basin for demarcation, delineations and notification of river flood plains of river Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016 and removal of 11 encroachment from river bed/flood plains. He has informed that guidelines has been prepared and circulated to all the States of River Ganga.
12. In the earlier order of the Tribunal the District Ganga Protection Committee through their Ex-Officio Chairman, District Magistrate have been directed to furnish requisite information, therefore, in continuation thereof, we direct District Magistrate of all the 38 District in the State of Bihar and 4 District in the State of Jharkhand through which river Ganga and its tributaries are flowing to file a report on the issues noted above and in respect of steps which have been taken by the District Ganga Protection Committee for prevention and control of pollution in river Ganga in their respective areas. Let the report be filed within eight weeks.
13. Additionally, notice be issued by Registry of the Tribunal to 38 District Ganga Protection Committee in the State of Bihar and 4 District Ganga Protection Committee in the State of Jharkhand, through their Ex- Office Chairman.
14. The Executive Director, NMCG has also volunteered to furnish State, District and City Wise information before the Tribunal. Let the same be furnished within a period of eight weeks.
15. The matter relating to the State of Bihar and Jharkhand be listed on 05.12.2023.
Prakash Shrivastava, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM September 18, 2023 Original Application No. 200/2014 HB 12