National Green Tribunal
Ajit Singh vs State Of Punjab on 17 April, 2023
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 06 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 803/2022
Ajit Singh Applicant
Versus
State of Punjab Respondent
Date of hearing: 17.04.2023
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
ORDER
1. Issue raised in this application relates to violation of environmental norms for setting up of the housing project 'Omaxe Greens' at Ambala - Chandigarh Expressway, Village Jharmari, District Mohali, Punjab. Violation alleged by the Project Proponent (PP) is that Sewage Treatment Plant (STP) is non-operational for the last three years and untreated sewage is being discharged on the highway and other areas, to the detriment of environment and public health.
2. Vide order dated 05.01.2023, the Tribunal sought a factual and action taken report from a joint Committee of State PCB and District Magistrate, Mohali, Punjab.
3. In pursuance of above, report has been filed by State PCB that the Committee visited the site and found that the project was not complying with the conditions of consent. Consent to operate for the project was granted on 14.10.2021 under the Water (Prevention and Control of Pollution) Act, 1974 and on 12.08.2021 under the Air (Prevention and 1 Control of Pollution) Act, 1981. 450 dwelling units had been constructed out of total proposed 584 dwelling units. Show cause notice was issued on 26.07.2022 and opportunity of being heard was granted. It was decided to refuse the application for renewal of consent. The PP has still not complied with the conditions imposed at the time of hearing on 11.11.2022 as follows:
"a) The project proponent shall operate its STP regularly and efficiently so as to achieve the effluent standards prescribed by the Board. If the STP installed by the project proponent fails to achieve the prescribed effluent standards, environmental compensation shall be imposed on the project.
b) The promoter company shall immediately install additional module of STP so as to have total capacity of STP as 400 KLD within 03 months and also submit the proposal to the Board in form of PERT chart for the same, within one month.
c) The promoter company shall not discharge its domestic effluent (treated or untreated) into choe / drain /river Ghaggar or in inland surface water at any time or any other unauthorized place by any unauthorized means.
d) The project proponent shall well maintain the plantation area (0.5 acre) as per karnal technology so as to ensure that there is no wild vegetation in the plantation area, shall provide permanent pipeline network for uniform distribution of wastewater in the entire plantation area and shall ensure that there is no stagnation of wastewater in the plantation area at any time.
e) The Project Proponent shall submit a concrete scientific proposal for disposal within 15 days in the office of Environmental Engineer, Regional Office, SAS Nagar to handle treated wastewater from the project at completion stage.
f) The Project Proponent shall also develop the vermicomposting to manage the biodegradable solid waste. PP shall not throw burn or burry any solid wastes in open outside premises or in drain / water bodies.
g) The Project Proponent shall promote use of alternatives of single use plastics (SUP) and awareness to discourage use of plastic, through their Corporate Environment Responsibility (CER) activities.2
h) The Project Proponent shall ensure that there are no usages of single use plastic- thermocol disposable items such as water bottles / water pouches/water cups, plates, forks, spoons, straw etc. and single use decorative material made of plastic-thermocol or any other non-biodegradable material in the premises.
i) The Project Proponent shall maintain the record of readings of water meters provided on the pipelines so as to verify the water balance.
j) The project proponent shall for CTO under the Water Act, 1974 and Air Act, 1981 within 7 days alongwith requisite documents/fee.
k) The Environmental Engineer, Regional Office, Punjab Pollution Control Board, SAS Nagar shall visit the project site to verify the statements of the project proponent, process the consent to operate applications for the project proponent under the Water Act, 1974 and Air Act, 1981 on merits and send his report/recommendations in the matter accordingly."
4. At the time of visit to the site after order of this Tribunal, following observations have been made:
"a). The project Omaxe Greens is located in village Jharmari, Derabassi.
b). In phase-1, there are 584 flats (09 towers), out of which possession of 581 flats have been given by the promoter company.
c). The ind. has installed 02 no. of tubewells in its premises. As per record of flow meters, around 380-400 KLD of freshwater is being abstracted (Feb 2023).
d). Exiting STP of capacity 250 KLD is in operation during visit. Sample of treated wastewater collection tank has been collected during the visit.
e). The construction work of additional STP of capacity 180 KLD is under process. Civil, mechanical work is almost complete and finishing work of STP is under process during visit.
f). As per record of outlet meter at STP, in the month of Feb, 2023, around 164 KLD of treated wastewater is lifted from outlet of STP. (3410-40017). There is no separate flow meter for flushing/gardening/construction etc.
g). Cutting/overwriting was observed at some entire in the record of STP. The representative has been asked to take care of the same in future.3
h). The promoter company has constructed a storage tank of capacity around 20,000 It.(as informed by representative) in its phase-2, which is under construction. The promoter company is using treated wastewater for construction/curing work in its phase-2 from the said tank.
i). The promoter company is not currently using treated wastewater for flushing purpose (Dual plumbing system). The promoter company has not provided separate flow meter for different activities.
j). The promoter company has developed around 0.5 acres of land area as per Karnal Technology. The promoter company has developed the said land properly.
However, most of the said land is found dry. The representative has been asked to use treated wastewater in the said land. The said land is not adequate for disposal of 400 KLD effluent (i.e. as pre discharge mentioned in Environmental Clearance).
k). The promoter company has constructed 02 no. of RWH pits in its premises. During visit, it has been observed that the promoter company has provided motors and pipelines in the said pits, for carrying water from there pits to the nearby storm water drain passing in front of the project. The representative informed that during rainy season, when there is more flow of rain water, they lift the rain water from these pits to the said drain. During visit, sample from the said RWH pit is also collected. The representative of the promoter company informed that by end of April 2023, they shall commission 04 more RWH pits in its premises.
l). There is an storm water drain passing through the project premises. The said drain is open before entering the project and is covered throughout its course inside the project premises, before eventually meeting the storm water drain outside the project premises. During visit, it has been observed that there is some water/wastewater stagnant in the said drain. The representative of the project proponent informed that it contain effluent from adjoining Jharmari village. No outlet of project proponent is found in this drain during visit."
5. From the above, it is seen that constructions in the project is of about 600 flats which may prima facie involve more than 20,000 sq. meters. Such project cannot be set up without requisite EC. If it has been set up, the PP may be liable to demolish the same and/or pay compensation upto 10% of the project cost. Further, existing capacity is to treat sewage upto 250 KLD, while generation is 380 - 400 KLD. The STP of 400 KLD was required to be 4 constructed before commencing the project which has not been done. It is stated that additional STP of 180 KLD is under process. The PP is thus required to be held accountable for the violations.
6. Accordingly, we direct inclusion of Regional Offices of MoEF&CC and CPCB in the Committee and seek further report from the reconstituted Committee. The State PCB will remain nodal agency. The reconstituted Committee may meet within 15 days from today and give its further report in the matter within two months by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. Report may address the issues such as timeframe for setting up and commissioning of additional STP, utilisation of treated sewage, consented mode of disposal of treated sewage, compliance status with respect to CTO under Air Act, existence of supporting infrastructure for liquid and solid waste management provided by the Local Authority. A copy of the report may also be furnished to the PP for its response, if any, before the next date.
List for further consideration on 20.07.2023. A copy of this order be forwarded to State PCB, District Magistrate, S.A.S. Nagar, Punjab, MoEF&CC and CPCB by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM April 17, 2023 Original Application No. 803/2022 DV 5