National Green Tribunal
News Item Titled "Ashwani Khad: The Most ... vs Coram: Hon'Ble Mr. Justice Prakash ... on 7 May, 2024
Item No.10 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 735/2023
News Item titled "Ashwani Khad: The Most Polluted River in Himachal
Pradesh" appearing in News Himachal dated 04.12.2023
Date of hearing: 07.05.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Mr. Saurabh Balwani, Adv. for CPCB (Through VC)
Mr. Divyanshu Kumar Srivastava, Adv. with Mr. Sanjeev Kumar Soni,
Superintending Engineer, Jal Shakti Vibhag, State of Himachal Pradesh
(Through VC)
Mr. Pursoth Kannan, Adv. for HP SPCB (Through VC)
ORDER
1. In this Original Application, registered suo-moto, the issue under consideration relates to pollution of rivers and streams in Himachal Pradesh. In the order dated 26.02.2024, Tribunal had taken note of fact that water quality assessed by CPCB at 136 locations across 37 rivers in the region had revealed disturbing trends and the samples from 9 rivers and streams had witnessed the failure to meet the prescribed parameters.
The rivers namely Ashwani Khad, Bald of Baddi, Giri of Sirmaur, Markanda of Rampur, Pabbar of Rohru, Ratta of Nalagarh, Shikari Khad of Rohru, Sarsa of Nalagarh and Sukhna Khad of Parwanoo were found to be exceeding the prescribed polluting standards.
2. The Tribunal by order dated 26.02.2024 had sought the information in the chart form quoted therein from the CPCB and had also called for the fresh affidavit on behalf of the Chief Secretary, Himachal Pradesh disclosing the work completed in terms of the timeline mentioned 1 in the earlier report dated 22.02.2024 and further proposed action in view of the observation made in the order dated 26.02.2024.
3. The interim report dated 06.05.2024 has been filed by the CPCB reflecting the position as under:-
"2. Interim Report of CPCB in compliance to the Orders of Hon'ble National Green Tribunal:
In compliance to the directions of Hon'ble NGT, following actions have been taken by CPCB:
i) Himachal Pradesh State Pollution Control Board (HPSPCB) was requested to provide the details of STPs located in the catchment of the following River Stretches and release of their treated discharge in the rivers vide email dated March 14, 2024 followed by reminders vide emails dated March 22, 2024, March 26, 2024 and March 28, 2024 (Annexure-2):
1) Ashwani Khad of Shimla, 2) Pabbar of Rohru, 3) Shikari Khad of Rohru, 4) Giri of Sirmour, 5) Markanda of Rampur, 6) Beas of Mandi, 7) Sukhna Khad of Parwanoo, 8) Ratta of Nalagarh, 9) Bald of Baddi
ii) HPPCB vide email dated March 28, 2024, provided details of STPs in the catchment of above river stretches and release of their treated discharge in the rivers, along with consent to operate (CTO) status, location, capacity and contact details (Annexure-3). As per details received from HPSPCB, total 15 STPs have been installed in the catchment of 06 out of 09 river stretches as mentioned in Hon'ble NGT Order. There are no STPs in the catchment of Shikari Khad in Rohru, River Giri in Sirmour and River Markanda in Rampur (Sirmour), as per information provided by HPSPCB. The River Stretch wise details of STPs as provided by HPPCB are reproduced, as follows:
1. Details of STPs in the catchment area of Ashwani Khad in Shimla S. Name of the Capacity in Detail of Geo Co- Consent No. STP MLD contact person ordinates status
1. STP Lalpani, 19.35 MLD Er. Sanjay Longitude: - CTO/BOTH/R Baragaon, Thakur, JE, 77.1582953 ENEW/ (Ghilli), P.O. SJPNL 85808- Latitude: - RO/2022/681 Beolia, Tehsil 74699, Er. 31.0668925 231 & District Meharban Valid till Shimla (H.P.) Bharti, JEE, 31.03.2024.
171013 HPSPCB, 70187- Presentlyoperating 46007 without valid CTO.
22. STP Malyana, 4.44 MLD Er. Sanjay Longitude: - CTO/BOTH/R Malyana, P.O. Thakur, 77.1910384 ENEW/ Sanjauli, JESJPNL85808- Latitude: - RO/2022/68 Tehsil & 74699, Er. 31.0815890 14918 Valid District Shimla Meharban till (H.P.) 171006. Bharti, 31.03.2024.
JEE, HPSPCB, Presentlyoperating
70187-46007 without valid
CTO.
3. STP Dhalli, 0.76 MLD Er. Navneet,JE, Longitude: - CTO/BOTH/R
Bhattakuffer, SJPNL 70183- 77.2149520 ENEW/
P.O. Beolia, 17480, Er. Latitude: - RO/2022/68
Tehsil & Meharban 31.1043595 13507 Valid
District Shimla Bharti, till
(H.P.) 171013 JEE, HPSPCB, 31.03.2024.
70187-46007 Presentlyoperating
without valid
CTO.
2. Details of STPs in the catchment area of Pabbar River in Rohru S. Name of the Capacity in Detail of Geo Co- Consent No. STP MLD contact person ordinates status
1. STP Rohru, 1.75 MLD Er. Nitish Longitude: - HPPCB/CD/I& Village, P.O. & Mahant, JE, JSV 77.7414391 PH Rohru/07- Tehsil Rohru, 70184-01687, Latitude: - 20757-58 District Shimla Er.Meharban 31.1975153 Valid till (H.P.)171207. Bharti, JEE, 31.03.2024.
HPSPCB, Presently
operating
without valid
CTO.
2. STP Jubbal. 0.65 MLD Er. Nitish Longitude: - EPPCB/CD/26
Village P.O. Mahant, JE, JSV 77.6723454 /STP/
and Tehsil 70184-01687, Latitude: - Jubbal/2005/
Jubbal and Er.Meharban 31.1120309 259/21-22
District Shimla Bharti, JEE, Valid till
(H.P.) HPSPCB, 31.03.2024.
70187-46007 Presently
operating
without valid
CTO.
3. Details of STPs in the catchment area of Shikari Khad in Rohru S. Name of Capacityin Detail of Geo Co- Consent No. the STP MLD contact ordinates status person
1. There is no STP in the catchment area of Shikari River.
4. Details of STPs in the catchment area of River Giri in Sirmour S. Name of the Capacity in Detail of Geo Co- Consent status No. STP MLD contact ordinates person
1. There is no STP in the catchment area of Giri River in Sirmour.
35. Details of STPs in the catchment area of River Markanda in Rampur (Sirmour) S. No. Name of the Capacity in Detail of Geo Co- Consent STP MLD contact ordinates status person
1. There is no STP in the catchment area of River Markanda at Rampur
6. Details of STPs in the catchment area of River Beas of Mandi S. Name of the STP Capacit Detail of Geo Co-ordinates Consent status No. y in contact person MLD
1. STP Sarkaghat 0.7 Er. Vivek Hazri, 31°42' 45.5904"N CTO has expired Zone-B, JSVSarkaghat 76°43'44.1912" E on 31.03.2024 Tehsil. Sarkaghat, 9418454637 and Not applied Distt. for itsrenewal Mandi till date.
2. STP Joginder 1.74 Er. Parkash 31° 58' 54.732" N CTO No. Nagar, Vill. Chand 76° HPPCB/stp Masaharu, P.O 8580628528 47' 48.588" E JOGINDER Jogindernagar Nagar/15- 20164- 65, valid till 31.03.2025.
3. Bhakra Beas 1 Er.Vivek Lat. 31.688777 Not obtained Management Chopra, Long. 77.042705 Board, Pandoh Executive (STP at Pandoh), Engineer, Township Division, BBMB Pandoh BBMB Pandoh, Mandi
4. STP at Raghunath 3.83 Jal Shakti Lat. 31.72395 CTO has expired ka Padhar, NH- Vibhaag,Mandi. Long. 76.93306 on31.03.2021 20 Sain Er. Rohit Gupta, and applied for Mohalla, Mandi AE JSV Mandi its renewal with H.P 9418466551 application no.
4261198.
5. STP at Khaliar 0.47 Er. Rohit Gupta, Lat. 31.724663 o CTO has expired AE JSV Mandi Long. 76.934813 on31.03.2021 9418466551 and applied for its renewal with application no.
4610777.
6. STP Sundernagar, 3.55 Er. RajatGarg, 31°32'42.3456" N CTO has expired Ward No. 10, Ropa, Executive 76°53'41.4924" E on 31.03.2024 Tehsil. Engineer, JSV and not applied Sundernagar Distt. Sundernagar for itsrenewal Mandi. 9418047872 till date.
7. Bhakhra Beas 1.0 Er. Ishan, JE, Lat. 31.550359 CTO No. Management BBMB Long: 76.894087 7176360valid Board, BSL (P) Sundernagar till 31.03.2026 BBMB Sunder Nagar, Sundernagar, Mandi
7. Details of STPs in the catchment area of Sukhna Khad in Parwanoo 4 S. Name of the STP Capacity Detail of Geo Co-ordinates Consent No. in MLD contact person status
1. STP Zone-I (Jal 01 MLD Mr. Bhuvnesh, Longitude: -
Shakti Vibhag),Near JE, Jal Shakti 76.9472951 HPMC Sector 02, Vibhag Latitude:
Parwanoo (Solan) 077279-90425 - 30.8428778 Er. Punesh, JEE, HPSPCB70183- 50429
8. Details of STPs in the catchment area of River Ratta in Nalagarh S. Name of the STP Capacity Detail of contact Geo Co- Consent status No. in MLD person ordinates
1. Executive Engineer 3.62 Er. Mewa Singh Latitude: - Valid upto IPH Nalagarh Distt. MLD JE, 9816816360 31.024606, 31/03/2021 Solan HP. (Jal IPH Nalagarh, Longitude: - and applied.
Shakti) Er. Roop Lal, 76.682922 Presently JEE HPSPCB operating Baddi without valid 9805395251 CTO.
9. Details of STPs in the catchment area of River Bald/Sarsa in Baddi S. Name of the STP Capacity in Detail of Geo Co- Consent status No. MLD contact person ordinates
1. Baddi 5.5 MLD (STP) Sanjeev Kumar Latitude:- Valid uto Infrastructure, And 25 MLD Executive 30.937629, 31/03/2020 (CETP), Village (CETP) Process, Longitude:- and applied.
Kenduwal 9816130824, 76.773242 Presently
(Baddi) Tehsil Baddi operating
Baddi Distt Solan Infrastructure, without valid
H.P. Er. Abhishek CTO.
Thakur, JEE
HPSPCB Baddi
8278790215
iv) Samples were collected from from Inlet and Outlet of 14 of the
above 15 STPs listed above during April 8-9, 2024 and with the objective of analysis for parameter such as pH, BOD, COD, TSS, Total Nitrogen, Total Coliform, Fecal Coliform. One STP namely Bhakra Beas Management Board, Pandoh (STP at Pandoh), Township Division, BBMB Pandoh, Mandi, was found non- operational for the last one year due to non-availability of sewage on account of limited number of families residing in the BBMB colony, as informed by the representative of the BBMB STP.
v) Results of Analysis :
5Out of total 15 STPs, 14 Nos. STPs were monitored by CPCB Teams. Status of analysis of samples collected are summarised below -
a) Analysis of six STPs located in the catchment of River Beas in Mandi are under process at CPCB laboratory.
b) All the results of analysis including Faecal Coliform have been received for the three STPs located in the catchment of Ashwani Khad (STP Lalpani, District Shimla, STP Malyana, District Shimla, STP Dhalli, District Shimla) and two STPs located in the catchment of Pabbar River in Rohru (STP Rohru, Village, District Shimla, STP Jubbal, District Shimla)
c) All the results except Faecal Coliform for the STPs located in the catchment of Sukhana Khad in Parwanoo (JSV, Zone-1 STP, Parwanoo), River Ratta in Nalagarh (STP Nalagarh) and River Bald / River Sarsa in Baddi (CETP cum STP Baddi) have been received.
d) The analytical results are presented in Table 1.
vi) Performance of STPs:
CPCB was directed by Hon'ble NGT to furnish the requisite information in respect of the performance of STPs in the format prescribed in the NGT Order. As per directions of Hon'ble NGT, information on quantity of sewage treated, treatment facility available (type of STP) with installed capacity and utilization capacity, disinfection method, quantity of chlorine kg/MLD, quality of discharge MLD, electricity consumed by STP per month, discharge quantity MLD, water quality at discharge point, receiving water body, sludge disposed tons/day, final disposal site of sludge were collected from each STP. The details of STPs as per the format provided by Hon'ble NGT is tabulated in Table 2.
a) Status of STPs located in the catchment of Ashwani Khad in Shimla i. As mentioned above, 03 STPs are installed in the catchment of Ashwani Khad. 02 STPs are designed on SBR based technology, 01 STP is designed on ASP. ii. Disinfection facility is available in all three STPs and chlorination being carried out.
iii. Treated water of all 03 STPs are discharged into Nalla leading to Ashwani Khad.
iv. Records for sludge disposal were only maintained by 01 STP namely STP Malyana. In remaining 02 STPs, records of Sludge disposal were not maintained. As reported, sludge was given to farmers. v. Electricity consumption for March 2024 was reported in the range of 27531 KWh to 56413 KWh vi. In terms of performance, 02 STPs (Lalpani, Malyana) are found non-complying for concentration parameters (BOD, COD, T-N, TSS and Fecal Coliform) and 01 STP at Dhali is found non complying for concentration parameters (BOD, COD, T-N and Fecal Coliform) wrt to 6 the prescribed norms by Hon'ble NGT vide order dated 30.04.2019.
b) Status of STPs located in the catchment of Pabbar River in Rohru i. 02 STPs are installed in catchment of Pabbar River in Rohru. 01 STPs namely STP Rohru is designed on MBBR based technology and STP Jubbal is designed on EA.
ii. Disinfection facility is available in all 02 STPs and chlorination being carried out.
iii. Treated water of these 02 STPs are discharged into Nalla leading to Pabbar River.
iv. Records of Sludge disposal were not maintained by concerned agency.
v. Electricity consumption for March 2024 was reported in the range of 1639 KWh to 7830 KWh vi. In terms of performance, both STPs are found non-
complying for concentration parameters (BOD, COD, T- N, TSS and Fecal Coliform) wrt to prescribed norms of Hon'ble NGT vide order dated 30.04.2019
c) Status of STPs located in the catchment of Sukhana Khad in Parwanoo i. 01 STP is installed in catchment of Sukhana Khad which is designed on MBBR technology. ii. Disinfection facility is available in the STP and chlorination being carried out.
iii. Treated water of STP is discharged into drain leading to Sukhana Khad.
iv. Records for sludge disposal was maintained by the STP. As reported, sludge was utilized for Soil application in gardening within the premises of STP. v. Electricity consumption for March 2024 was reported 21109 KWh vi. In terms of performance, STP is found non-complying for concentration parameters (BOD, COD, T-N, TSS and Fecal Coliform) wrt to prescribed norms by Hon'ble NGT vide order dated 30.04.2019.
d) Status of STPs located in the catchment of River Ratta in Nalagarh i. As mentioned above, there is 01 STP installed in catchment of River Ratta in Nalagarh designed on SBR based technology.
ii. Disinfection facility is available in the STP and chlorination is being carried out.
iii. Treated water is discharged into Nalla leading to River Ratta.
iv. Records for sludge disposal were maintained by STP.
As reported, sludge was given to parks of Irrigation and Public Health Department.
7v. In terms of performance, STP is found non-complying for concentration parameters (BOD, COD, T-N, TSS and Fecal Coliform) wrt to prescribed norms by Hon'ble NGT vide order dated 30.04.2019 except pH.
e) Status of STPs located in the catchment of River Bald / Sarsa in Baddi i. There is 01 CETP cum STP installed in catchment of Bald / Sarsa, which is designed on EAT (Extended Aeration Tank) based technology.
ii. Disinfection facility is not available in the STP. iii. Treated water of the STP is discharged into Drain leading to Sarsa River.
iv. Records for sludge disposal was maintained by the STP. As reported, sludge was disposed in TSDF. v. Electricity consumption for March 2024 was reported 722610 KWh vi. In terms of performance, this CETP cum STP found non-
complying for concentration parameters (BOD, COD and TSS) as specified in MoEF&CC Notification dt. 01/01/2016 for CETP. As per CTO, HPSPCB has prescribed norms of CETP for discharge of treated effluent.
f) Status of STPs located in the catchment of River Beas of Mandi, i. There are 07 STPs installed in catchment of River Beas of Mandi. 04 STPs are designed on Extended Aeration based technology, 01 STP are designed on MBBR, 01 STP is designed on Sedimentation cum Settling Tank with Chlorination. And 01 STP is non-operational for last 1 year.
ii. Disinfection facility is available in the 06 STPs and chlorination is being carried out.
iii. Treated water from Sarkaghat STP is discharged into Paplog Nalla towards Sone Khad; STP Joginder Nagar discharging treated wastewater into Neri Khad tributary. Discharges of said STPs finally meets into river Beas; 02 STPs (Ward No. 10 Ropa Tehsil Sundernagar and BBMB Township, Sundernagar) discharging treated wastewater into Ghangal Khad (tributary of Sukhedi Khad). Discharges of said STPs finally meets into river Beas; 02 STPs (Raghunath Ka Padhar and Khaliar) is discharging treated wastewater directly into River Beas.
iv. Electricity consumption for March 2024 was reported in the range of 1157 KWh to 19672 KWh v. Records for sludge disposal were only maintained by 01 STP namely STP Khaliar, and sludge was given to farmers. In remaining 05 STPs, records of Sludge disposal were not maintained.
8It is humbly submitted that analysis of samples from 06 STPs are in progress for various parameters and expected to be completed by 10.05.2024. Accordingly, Hon'ble NGT may kindly consider granting time for 02 weeks to submit final report along with all analysis results."
4. The above report clearly reveals that most of the STPs are operating without CTO and are found to be non-conferment with the norms. Along with the report, the results of analysis of samples collected from various STPs located in the catchment river stretch in the tabulated form has been filed as under:-
"Table 1: Results of analysis of the samples collected from various STPs located in the catchment of River Stretched under reference in the NGT Order.
Name of the Name of the pH COD (mg/L) BOD (mg/L) TSS (mg/L) Total Nitrogen (mg/L) TC FC (MPN/100ml)
River Stretch STP (TKN +nitrate+nitrite) (MPN/100ml)
*Prescribed 5.5-9.0 50 mg/L 10 mg/L 20 mg/L 10mg/L <230
Standard (NGT)
I O I O I O I O I O I O I O
STP Lalpani, 6.7 7.2 1261 582 521 249 515 118 68.5 74.9 16x1014 92x1013 16x1014 54 x 1013
District
Shimla (H.P.)
Ashwani STP Malyana, 6.8 7.3 650 118 263 37 231 27 51.5 19.51 54x1012 92x108 35x1012 61x106
Khad in District Shimla
Shimla (H.P.)
STP Dhalli, 6.9 7.3 806 105 370 33 302 BDL 87.8 26.94 35x1012 24x107 35x1012 13x107
District
Shimla (H.P.)
STP 6.7 7.8 1119 431 462 177 358 222 75.2 35.9 16x1014 47x1010 16x1014 14x1010
Rohru,
Village,
Pabbar
District
River in Shimla
Rohru (H.P.)
STP Jubbal, 6.5 7.4 590 275 237 90 210 94 39.7 37 16x1014 16x1012 28x1013 92x1011
District
Shimla (H.P.)
Sukhana JSV, Zone- 7.4 7.9 494 135 168 47 349 37 83.5 33.74 22x1010 54x105 33x109 68x103
Khad in 1 STP,
Parwan Near
HPMC,
oo Sector-2
Parwanoo
, Himachal
Pradesh.
River Ratta Executive 7.7 7.9 642 90 271 22 334 21 87.62 23.94 43x1011 43x103 35x1011 12x103
in Nalagarh Engineer, IPH
Nalagarh, Distt.
Solan, Himachal
Pradesh (Jal
Shakti)
# Prescribed 6.0-9.0 250 mg/l 30 mg/l 100 mg/l Not specified Not Specified Not specified
9
Standards I O I O I O I O I O I O I O
(MoEF&CC)
River Baddi
Bald 7.6 7.9 357 356 121 119 241 52 54.4 58.43 48x1010 17x1011 55x109 14x1011
Infrastructur
/River e (CETP Cum
Sarsa in STP), Village
kenduwal,
Baddi Baddi, Distt.
Solan,
Himachal
Pradesh
=
I: Inlet, O: Outlet
*NGT Standards: Norms prescribed by Hon'ble NGT vide order dt 30.04.2019 in the matter of OA no. 1069/2018 (pH - 5.5-9.0, BOD < 20mg/l, COD< 50mg/l; Faecal Coliform - desirable < 230 MPN/100 ml, Nitrogen-Total < 10 mg/l # MoEF&CC Notification dt. 01/01/2016 for CETP (pH 6.0-9.0, BOD< 30mg/l, COD< 50 mg/l, TSS <100 mg/L)"
5. The above table reveals that the quality of discharge from the STP is much beyond the prescribed standards. Submission of the Learned Counsel for CPCB is that the results in respect of six STPs of river Bias are still pending and the said water discharge analysis report will be received within one week. Thereafter, the final report will be filed.
6. We also find that an affidavit by the Superintending Engineer, Jal Shakti Vibhag, Circuit Solan, Government of HP dated 03.05.2024 has been filed which is stated to be an affidavit on behalf of the Chief Secretary but no details relating to the authorization by the Chief Secretary have been disclosed. In that affidavit, the relevant information has not been disclosed. There is no disclosure that the STPs in question, (the details of which are given in para 4) are having the valid CTO. The report also does not contain the status of compliance, capacity utilization and functionalities of these STPs.
7. CPCB is also required to suggest remediation measures to restore water quality of receiving water body by tapping the drains carrying untreated/partially treated STP water etc. 10
8. Hence, in the above circumstances, we grant three week's time to the CPCB to file the final report by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF and also direct the Chief Secretary, Himachal Pradesh to file a further affidavit within the same period disclosing full particulars relating to the operational status of the STPs and also the analysis report of discharge from these STPs. In case the Chief Secretary fails to file such an affidavit, he will appear through virtual mode to apprise the Tribunal about the status.
9. List on 23rd August, 2024.
Prakash Shrivastava, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM May 07, 2024 Original Application No. 735/2023 SN 11