National Green Tribunal
Abhisht Kusum Gupta vs Mr. Mukesh Agarwal on 23 December, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 1002/2018
(With reports dated 22.11.2021, 23.11.2021,
17.11.2021 & 08.11.2021)
Abhisht Kusum Gupta Applicant
Versus
State of Uttar Pradesh & Ors. Respondent(s)
Date of hearing: 23.12.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Abhisht Kusum Gupta, Applicant in Person
Respondent(s): Mr. Satya Gopal, Additional Chief Secretary,
Mr. Sanjeev Khirwar, Principal Secretary (Env.),
Dr. K.S. Jayachandaran, Special Secretary (Env.)
with Ms. Jyoti Mendiratta, Advocate for GNCTD
Mr. Vineet Kumar, Additional DCP East Delhi
Mr. Manoj Singh, Additional Chief Secretary, (Env.), UP
Mr. Suhas LY, DM, G.B. Nagar
Mr. Praveen Kumar, IG, Meerut Range
Mr. Ganesh Prasad Saha, DCP, G.B. Nagar
Ms. Ritu Maheshwari, CEO Noida Authority with
Mr. Ravindra Kumar, Senior Advocate and Mr. Rachit Mittal, Adv.
Mr. Aman Bhalla, Advocate for CPCB
Mr. Pradeep Misra & Mr. Daleep Dhyani, Advocates for UPPCB
Mr. Narender Pal Singh, Advocate for DPCC
Mr. Balendu Shekhar, Advocate for EDMC
Ms. Sakshi Popli, Advocate for DJB
ORDER
1. The issue for consideration is the remedial action for preventing untreated sewage going to the "irrigation canal" in Sector 137, NOIDA.
1Sources of such discharge include non-functional/deficient STPs in 95 high rise buildings in Noida, industries as well waste water from upstream from Delhi and Ghaziabad. The said canal joins Yamuna and then Ganga. NOIDA, Ghaziabad Nagar Nigam, Delhi Jal Board (DJB), East Delhi Municipal Corporation (EDMC) and Nagar Palika Parishad, Khoda Makanpur are the identified authorities required to take the remedial action, based on the verification report to which reference will be made hereafter. It is established that there is huge amount of water pollution much beyond prescribed norms to the detriment of environment and public health. Needless to say that the said water is used by living beings and for irrigation and pollution is source of deaths and diseases which are criminal offences under the law of the land and there are designated authorities entrusted with the task of stopping it. However, it is failure of the said authorities which has been matter of consideration in the matter.
2. The matter has been dealt with by various orders in the last more than two years, in the light of the reports of the Committee appointed by the Tribunal to ascertain the factual status. In the report of CPCB dated 01.11.2019, steps to be taken by NOIDA, Ghaziabad Nagar Nigam, Delhi Jal Board (DJB), East Delhi Municipal Corporation (EDMC) and Nagar Palika Parishad, Khoda Makanpur were recommended as follows:-
Sl. Department Directions issued u/s 5 of EPA, 1986 No
1. NOIDA i. To develop time bound action plan to stop discharge of untreated wastewater to 30 drains.
ii. To intercept all drains and channelize wastewater to STPs so that no untreated wastewater is discharged to Noida drain.
iii. To deposit an Interim Environmental Compensation of Z 1,00,00,000 2
2. Ghaziabad i. To establish sewerage network and treatment Nagar Nigam facility to treat sewage generated from Khoda village.
ii. To Deposit an Interim Environmental Compensation of 1,00,00,000
3. DJB i. To initiate legal proceedings against the residents of GD colony, Gharauli village and Kondli village, Delhi having failed to take sewer connections. ii. To ensure that each building under their jurisdiction shall have sewer connection so that current practice of discharge of untreated sewage into storm water drainage system should be stopped.
4. EDMC i. To direct dairy farms to develop decentralized treatment facility so that their untreated waste shall not be discharged to DDA drainage system ii. To ensure that untreated dairy waste including animal dungs from Gharuli village should not be discharged into storm water drain. Challan / Legal action shall be initiated against such violators.
5. Nagar Palika Show cause notice issued to explain the reasons as Parishad to why action should not be taken against Nagar Khoda Palika Parishad Khoda including levying of Makanpur Environmental Compensation for discharge of untreated sewage to drainage system of Delhi.
Copy of directions is attached as Annexure-I
3. The report further stated that CPCB called a meeting of the concerned Authorities and conducted inspection noticing high level of water pollution in the drains as follows:-
Table 1: Analytical Results of Drain Si. Sample Location Physico-Chemical Bacteriological No. Parameters Parameters pH COD BOD TSS Total Fecal Coliform Coliform (MPN/100m (MPN/100m1)
1) Water Quality of Noida Drain at different locations
1. Budh Vihar, 7.56 444 219 330 13 79 X105 Sector-11, Noida X10 6
2. S-14, New Kondli 7.55 433 217 352 23 23 X106 Road, Sector-11, X106 Noida.
3. Sector-50, Noida 7.72 169 68 84 11 68 X105 Link Road. X106
4. Sector-137, India 7.78 186 71 65 13 13 X106 TV Metro X106 Station, Noida.3
5. Noida drain at 7.84 145 60 89 - -
regulator
6. Noida drain at 7.82 163 46 83 78 78 X105 before X105 Confluence with river Yamuna Water Quality of adjoining drains of Noida Drain
7. Khoda village 7.54 314 107 194 78 20 X105
8. Drain merges 7.70 182 100 63 X10 46 5 46 X106 with Noida drain X106 at Sector-142, Advant Navis Buisness IT Park, Noida.
Note: All units are measured in mg/I except Fecal Coliform and pH.
BOD concentration at entrance of NOIDA, U.P is 219 mg/1 whereas Fecal coliform count is 20 X 10 5 . However, concentration of BOD before confluence point is 46 mg/1 and Fecal coliform count is 78 X 10 5 MPN/100 ml. The results indicate that although there is marginal improvement in water quality as the drain travels through NOIDA but still concentration level of BOD and Fecal Coliform at the confluence point of drain with Yamuna is quite high."
4. The action taken report and recommended further action were in the form of following table:-
4"4.0 SUMMARY OF ACTION TAKEN BY CONCERNED AGENCIES Based on the inspection made, analytical results of the samples collected from drains and action taken report of concerned agencies, summarized report is placed below:
Si. Department Directions of CPCB and NGT Status report Recommendations No
1. NOIDA i. To develop time bound action i. Noida authority made representation Noida authority shall prepare time plan to stop discharge of untreated against wastewater the direction to 30and drains.
EC imposed bound action plan either to discharge of ii. To intercept all drains and by CPCB on 01/07/2019. Copy attached untreated waste throughaforesaid 30 channelize wastewater to STPs so as Annexure-V. drains. Alternatively, all such drains be that no untreated wastewater is ii. Reply of representation was made on intercepted and taken to STPs so that no discharged to Noida drain. 19/07/2019 and hearing was conducted untreated wastewater flows to Noida drain.
iii. To deposit an Interim on 23/07/2019 and Noida authority was
Environmental Compensation of Rs. further directed to ensure compliance of
1,00,00,000 CPCB directions.
iv. Hon'ble NGT directed to submit iii. Representative of NOIDA has informed
furnish performance guarantees during the meeting on 01.10.2019
in the sum of Rs. 1 crore each to that committees being constituted for
the satisfaction of CPCB identification and taking action on high rise
undertaking to take remedial buildings discharging untreated waste and
actions in terms of the directions to identify villages which are discharging
of the CPCB, failing which the waste into drain
said amount will be forfeited iv. Action plan in compliance to
direction issued not submitted till date v. Environment Compensation was not submitted till date.
vi. Performance Bank Guarantee not submitted till date.
5 2 Ghaziabad i. To establish sewerage network i. Ghaziabad Nagar Nigam vide letter dated Nagar Nigam and treatment facility to treat 24.06.2019 clarified that the Khora village sewage generated from Khoda falls under the jurisdiction of Nagar Palika village. Parishad Khoda Makanpur. Copy attached as ii. To Deposit an Interim Annexure-VI. Environmental Compensation of 1,00,00,000 iii. Hon'ble NGT directed to submit ii. Accordingly, show cause notice issued to furnish performance guarantees Nagar Palika Parishad Khoda Makanpur vide in the sum of Rs. 1 crore each to letter dated 24.09.2019. the satisfaction of CPCB undertaking to take remedial actions in terms of the directions of the CPCB, failing which the said amount will be forfeited 6 3. DJB i. To initiate legal proceedings i. Action plan of DJB was received vide letter i. DJB shall expedite and complete against the residents of GD colony, dated 22/07/2019. Copy of letter is the interception of 03 adjoining Gharauli village and Kondli village, attached as Annexure-VII. drain in Delhi having failed to take sewer ii. Representative of Delhi Jal Board informed Delhi segment by December, 2019. connections. that special camps were organized residents ii. DJB should initiate legal ii. To ensure that each building to take sewer connection. proceedings against under their jurisdiction shall iii. 732 number of notice issued to residents of residents of GD colony, Gharauli have sewer connection so that Kondli and Gharauli. village and Kondli village on account current practice of discharge of It was also informed that 3 drains of PWD of their reluctance and failure to untreated sewage into storm carrying wastewater shall be tapped and take sewerage connections. water drainage system should be conveyed to Kondli STPs for treatment. iii. DJB shall ensure that each stopped. Interception of drains will be finished by building under their jurisdiction
iii. Hon'ble NGT directed to submit December, 2019. shall have sewer connection so furnish performance guarantees in v. Performance Bank Guarantee not submitted that the sum of Rs. 1 crore each to the till date current practice of satisfaction of CPCB undertaking to discharge of untreated sewage into take remedial actions in terms of storm water drainage system should the directions of the CPCB, failing be stopped. which the said amount will be forfeited 7
4. EDMC i. To direct dairy farms to develop i. EDMC has informed during the meeting i. EDMC should decentralized treatment facility so that 591 Challan issued to residents of ensure that that their untreated waste shall not Kondli and Gharauli for disposing their untreated dairy be discharged to DDA drainage wastewater into drain and Show-Cause waste including system. notice is also issued to illegal dairies for animal dungs ii. To ensure that untreated dairy waste discharging waste in drain. from Gharuli including animal dungs from Gharuli village should village should not be discharged into ii. East Delhi Municipal Corporation not be storm water drain. Challan/Legal Veterinary Services Department Vide discharged into action shall be initiated against such email dated 31/10/2019 provided the storm water violators. action taken report indicating action drain. Challan iii. Hon'ble NGT directed to submit taken against the illegal dairy farms at / Legal action furnish performance guarantees in Gharoli colony. Copy attached as shall be the sum of Rs. 1 crore each to the Annexure-VIII. initiated satisfaction of CPCB undertaking to iii. Performance Bank Guarantee was not against such take remedial actions in the terms of submitted. However, it was informed that violators.
the directions of the CPCB, failing same was approved by Competent ii. The dairy farms
which the said amount will be Authority and will be submitted in one be shifted to
forfeited. week time. outskirt of the
5. Nagar Palika Show cause notice issued to explain i. Executive officer of Khoda Nagar Parishad area indeveloped
i. Khoda Nagar Palika should a time
Parishad the reasons as to why action should has informed during the meeting that at facility to bound manner.
tap untreated water of
Khoda not be taken against Nagar Palika present there is no infrastructure facility to Khoda village and should discharge
Makanpur Parishad Khoda including levying of treat and tap waste from Khoda colony. only treated water to drainage system
Environmental Compensation for ii. Further, no reply received till date. of Delhi.
discharge of untreated sewage to ii. Directions for submission of
drainage system of Delhi. performance guarantee in the sum of
Rs. 1 crore by Ghaziabad Nagar
Nigam to CPCB may refer to Nagar
Palika Parishad Khoda Makanpur.
8
5. The Tribunal directed action to be taken by the concerned authorities accordingly and further observed as follows:-
"5. The CPCB has further recommended as follows:
"Based on observation made by the inspection team including Dr. C.R. Babu, it is further recommended that in-situ treatment of Noida drain in Noida stretch be carried out as immediate measure for treatment of wastewater of NOIDA drain.
As, the Noida drain falls under the jurisdiction of UP Irrigation Flood Control Department and it is suggested that in-situ treatment may be carried out jointly be NOIDA authority and UP Irrigation Flood Control Department in consultation with Dr. C.R. Babu."
6. In view of above, UP Irrigation Flood Control Department and NOIDA Authority may take further remedial action expeditiously which may be overseen by the Principal Secretary, UP Irrigation and Flood Control Department and the Chairman, NOIDA Authority. The Chairman, NOIDA Authority will act as a nodal agency for coordination and compliance which may be further overseen and coordinated by the CPCB.
7. The CPCB may furnish a status report in the matter before the next date by e-mail at [email protected]."
6. The matter was then reviewed on 06.11.2020 in the light of the reports of the NOIDA Authority and CPCB. The Tribunal, noticing serious deficiencies and statutory violations, directed remedial action within three months. Operative part of the order is reproduced below:-
"1to5.....xxx...............................xxx.......................................xxx
6. In pursuance of above, NOIDA has filed reports dated 15.09.2020 and 05.11.2020 while CPCB reports are dated 15.05.2020 and 29.10.2020. It will be suffice to refer to the last reports of NOIDA and CPCB. The report of the CPCB dated 29.10.2020 is as follows:-
"ACTION TAKEN BY CPCB In compliance to the directions of Hon'ble NGT, CPCB has taken following action:
1. Directions of Hon'ble NGT communicated to CEO, NOIDA vide letters dated 19/03/2020, 12/05/2020 and 9 13/08/2020 to provide progress report in the matter. Copy of letter is attached as Annexure-I.
2. NOIDA vide letter dated 15/09/2020 has submitted updated action taken report and future action plan to CPCB for abatement of pollution of NOIDA drain. Copy of letter is attached as Annexure II
3. Further, CPCB has examined the proposed action plan and observations communicated to NOIDA authority vide letter dated 28/09/2020. Copy of letter is attached as Annexure-III.
4. CPCB communicated to Principal Secretary, Urban Development, Uttar Pradesh vide letter dated 28/09/2020 for submission of action plan for treatment of wastewater discharging from Khora Nagar Palika. Copy of letter is attached as Annexure-IV. Reply is still awaited.
5. CPCB also requested Delhi Jal Board (DJB) and East Delhi Municipal Corporation vide letter dated 28/09/2020 to submit the status report on action plan of untreated sewage of Kondli and Gharoli area (Delhi Catchment area) into Kondli drain. Copy of letter is attached as Annexure- V
6. Delhi Jal Board vide letter dated 15/10/2020 informed that as per action plan trapping of drains contributing wastewater discharge into Kondli drain from Delhi catchment was completed in January, 2020. Copy of letter is attached as Annexure-VI."
7. .....xxx...............................xxx.......................................xxx
8. Learned counsel for the NOIDA stated that only 57 societies have been inspected out of 95 and the remaining societies are to be inspected. Wherever deficiencies have been found, action has been initiated and reference has also been made to the State PCB. Learned counsel for the DJB states that action has been taken on its part. However, there is no response from the EDMC and the Secretary Urban Development, UP in respect of action at Khoda Nagar Parishad, Makanpur.
9. Learned counsel for EDMC, on instructions says, that there is a proposal to shift the dairies but that is not possible in absence of land. We find this excuse untenable only to avoid responsibility. The plea raised is not a justification for permitting violation of law by the dairies to the detriment of the rights of the citizens. To enforce rule of law and prevent the causing of pollution and hazard to the health of the inhabitants, activities operating in violation must be forthwith stopped and compensation recovered for the violations. Prosecution may be initiated and source of pollution may be closed. DPCC must also take necessary action on its part. If the EDMC remains non- compliant, the Commissioner will be personally held responsible. Let the compliance report be file 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.
10 With regard to the action against erring high-rise buildings in Noida, further steps be taken expeditiously and compensation 10 assessed by a joint Committee of CPCB, State PCB, NOIDA and District Magistrate, NOIDA within three months.
11. The Secretary, Urban UP may also ensure compliance of action by the Nagar Palika Parishad, Khoda Makanpur."
7. The matter was last considered on 30.07.2021 in the light of report of the NOIDA Authority dated 29.07.2021 and report of EDMC dated 08.07.2021. The report of NOIDA Authority gave follow up action. In the report of EDMC action taken against the dairies was mentioned. The Tribunal found that the action taken was hardly adequate inspite of rampant violations in Noida as well as in Delhi in breach of constitutional obligations of the statutory authorities, including the Police Authorities to the detriment of public health and the environment. Accordingly, the Tribunal directed the statutory authorities to hold inhouse meeting, plan remedial action and file action taken report. CPCB was also directed inter-alia to file a separate report about the standards applicable to discharge in drains/canals and status of sewage management in Khoda area. The operative part of the order is reproduced below:
"9. We have heard learned counsel for the parties and considered the reports. It is clear from the report of the NOIDA Authority that inspection has been carried out only on 12 more high rise societies out of 95, even though more than eight months have passed after the last order when this Tribunal was informed that 57 societies had been inspected. The report clearly shows that serious violation of law is continuing in the form of discharge of untreated sewage in open drain by many of the societies - some have not constructed STPs and some have not functional STPs. Thus, the Irrigation canal in question which is coming from Delhi (Kondli) and joining river Yamuna after crossing from Village Khoda and NOIDA, continues to be polluted due to sewage disposal. As per action taken report in Delhi, Dairies causing disposal of waste water and dung have been sealed. Impact of such action on recipient drains is not mentioned in absence of which claim of sealing of dairies is difficult to be accepted. There is no statement that the drains in question have been intercepted and diverted to STP and that no waste water is being discharged from Delhi. This needs to be ensured by the DJB/EDMC/DPCC. In case of Khoda Parishad, the waste water in the area needs to be collected and diverted to the STP. In Noida, treatment of sewage generated by the Societies has to be ensured and treated effluents utilised for secondary 11 purposes. Standards for disposal of sewage into irrigation or storm water canal have to be of fresh water to give effect to the mandate of the Water Act. Noida drain joins river Yamuna and thus untreated sewage cannot be discharged therein.
10. There is no meaningful action of registering criminal cases and arresting concerned violators, blacklisting the entities, withdrawing statutory consents, recovering compensation for restoration measures. Many industries are discharging untreated sewage with impunity as if law of the land does not exist and crime is free. As already mentioned, such pollution is criminal offence not only under the Water (Prevention and Control of Pollution) Act, 1974 but also under Chapter XIV of the IPC. Adverse effect in terms of deaths and diseases is well known. The violations are not only of statutory provisions but also judgments of the Hon'ble Supreme Court inter-alia in Paryavaran Suraksha case1 prescribing timeline within which water treatment plant have to be in place as also direction of this Tribunal requiring coercive measures against violators in the form of stopping the polluting activities, initiating prosecution and recovering of compensation. Unfortunately, not a single person is shown to have been prosecuted inspite of categorical observations in the reports of the statutory regulators. There is no dearth of statutory powers of NOIDA Authority, District Magistrates, SEIAA, UP and State PCB as well as UP Police. Surprisingly, counsel for NOIDA stated that NOIDA is helpless as it has no power. There is, thus, clear failure of constitutional obligation of the said authorities, rendering the heads of such institutions personally accountable for such failure for the punishable crime. The said authorities have failed to realise that they are occupying the position of high trust and are meant to protect the public health and environment and not to just enjoy position and perks at the cost of miseries of the innocent citizens. By their own showing they have continued to be mute spectators of serious crimes against humanity. Sufferers are helpless citizens whose constitutional right to clean environment remain on paper. We alert the higher authorities of the State to remedy the situation by action against failing heads of statutory authorities in performing their responsibility in the interest of protection of environment and public health and constitution rights of the citizens and as a measure of good governance.
11. In view of above grim situation, we direct Additional Chief Secretary, Forest and Environment, UP, Secretary, Urban Development, UP, CEO, NOIDA Authority, District Magistrate, NOIDA, Vice Chairman, GDA, Police Commissioner, NOIDA, IG, Meerut (with regard to area falling in UP) and Chief Secretary, Delhi and Special Commissioner of Police, East Delhi (for area in Delhi) to hold in house meeting in coordination with concerned departments within fifteen days to take stock of the situation and plan remedial action. Action should include accountability of the erring officers, preventing discharge of pollution in the drain, coercive measures against violators - housing societies or others by registering criminal cases, initiating prosecution, assessment and recovery of 1 (2017) 5 SCC 326 12 compensation for the past violations, black listing of the concerned entities such as construction companies, in exercise of their statutory powers, following due process of law. The Tribunal expects meaningful improvement in the situation to prevent serious violations affecting the right to life, which violations have been continuing since long, without any meaningful action. In Delhi, claim of EDMC/DPCC of sealing of Dairies needs to be verified with reference to destination of effluents. DJB needs to confirm that due to interceptions of drains, no sewage or any other effluent is discharged into drain entering Noida. Water quality of drain/ irrigation canal before entry in UP needs to be checked. In UP, it needs to be verified whether management of sewage by the Societies and by the Noida Authority and its utilization in quantifiable terms is as per norms and if not, what is remedial action and coercive measures against the violators. The efficacy of treatment may be assessed in terms of Fecal Coliform also. UP PCB has to clarify whether permission has been granted by Irrigation Department for discharge of sewage and industrial effluents into the drain and on what conditions. If so, how such conditions are being enforced. Noida has to explain Sewage management status for the area including the sewage generated by the Societies. CPCB has to file a separate report on standards applicable to discharge in drains/canals and whether standards of fresh water/ flood water apply to such situation in the light of the Water Act. Further, status of sewage management in Khoda area is also to be verified.
12. The Additional Chief Secretary, Forest and Environment, UP, Secretary, Urban Development, UP, CEO, NOIDA Authority, District Magistrate, NOIDA, Vice Chairman, GDA, Police Commissioner, NOIDA, IG, Meerut and Chief Secretary, Delhi and Special Commissioner of Police, East Delhi may remain present in person by video conference along with their action taken reports."
8. In pursuance of above, an 'Action Plan' has been filed by the NOIDA Authority on 22.11.2021. 'Compliance report' dated 23.11.2021 has been filed by UP State PCB. 'Status report' dated 17.11.2021 has been filed by the Delhi Government and two reports dated 08.11.2021 have been filed by CPCB on standards for water quality of drains and sewage management in Khoda area. We proceed to discuss the same and issue further directions.
Action Plan of NOIDA Authority dated 22.11.2021
9. Action Plan filed by the NOIDA Authority mentions constitution of a Committee to inspect STPs, strengthening sewerage network, setting up 13 of more STPs, community toilets, de-sludging points, in situ treatment of drains, removing encroachments from embankment of drains, interception of sewer scheme. The plan in tabulated form is reproduced below:
" Sr. Action Plan with Follow up Action
No. Proposed Timeline
as submitted before
1 A committee has been There are total 95 nos. of Group Housing Societies, Total
constituted to inspect inspection has been carried out, as per this position as
high rise building's STP follows:-
and to evaluate the
performance of every 1 Nos of Group housing with fully functional 72
STPs
STP. The Committee will
2 Environment Clearance cleared & U.P. 04
examine whether the STP
Pollution Control Board has issued CTO.
to perform standard
Their sewage connected to the Central
parameter. It operates in
Sewage Treatment Plant (CSTP) of Noida.
a compliance manner
and discharges only the 3 Connected in Noida sewer line and at 07
treated effluent in the present their sewer is treated in Sewage
Treatment Plant (STP) (Noida) as per
passing drain, post
Occupancy Certificate
utilizing the treated
4 Issue regarding completion of these 4 04
waste-water at their end.
projects of Amrapali is being monitored The defaulters are to be by Hon'ble Supreme Court.
identified and 5 Under Construction project. At present no 01 recommended for sewage is generated. environment STP 6 Undertaking 04 07 compensation for non- given by Builder constructed but compliance of GT orders. with timeline for not functional More stringent action will operationalizatio STP not 03 be taken against the n of STP. constructed builders as per Noida Total Nos. of Group Housing 95 Authority rules. (Time Societies Required - 1 year). Note: NBCC has been deputed as the working agency
to complete the 4 nos. of construction of the societies. Sewer line of Group Housing Society connected to Noida Main Sewage line for treatment at the STP.
Criminal case filed against these 08 nos. of promoter builders. Sealing in 07 done by Noida. 05 nos. GH have committed is their respective undertaking to comply by 10.01.22 and 02 nos.
GH to comply by end of Nov.-2021. At present their sewer is connected is Noida sewer line and treated is STP (Noida), therefore, no discharge of sewage in open.
Details as per Annexure-A 2 In compliance with Action taken against defaulters.
Hon'ble NGT
directions and Water Action in Progress- Industry
Prevention Act-1976,
joint inspections with
UPPCB team will be
conducted at different
14
sections/ location Inspect Operati Closed ETP Complia Show Cause Closure
ed onal Ins talle nce Issued/ Order
and violators to be
Indus tr d E.C. Issued
appropriately y Impos ed/
prosecuted. Prosecution
Committee shall also 10
Rs.
check untapped 85 60 25 60 50
79,45,000/
0
sewer lines of -
individuals/
builders/ villagers
and same shall be
informed to
concerned
department for
necessary action.
(Time Required l
year)
3 Proposals for 10 Projects with estimate of 24.50 Cr. were
strengthening of identified to strengthen the existing sewage
existing sewerage network.
network amounting to 8 projects worth Rs. 20.48 Cr completed.
Rs. 19.77 Cr. have 2 projects worth Rs. 4.02 Cr. are in progress.
been submitted and Expected to be completed by
same are to be March-2022.
executed on priority Details as per Annexure-B
basis. (Time Required
- 2 Years)
4 Noida Authority in Noida has fully functional 6 nos. of Sewage
anticipation of future Treatment Plants (STP)
projected load has Existing Capacity of STPs is 231 MLD. Sewage
already planned to generation on an average is 215 MLD.
put more STPs of Two new STP are under construction.
capacity 180MLD as
planned by WAPCOS Physical Progress (%) Total cost of
in place to STP Civil Mechanical/ Project
Electrical (in Cr.)
accommodate the
80 MLD 73% In Rs. 115.44
future load of procurement
sewerage effluent 100 MLD 76% 22% Rs. 143.58
discharge of city.
(Time Required-4 Date of Completion as per Contract Bond
years) 02.09.2022
Trial of STP will start in March-2022.
Details of progress are as per Annexure-C 5 100 Nos of Public (Work Completed) Tiolets and 56 Nos. of community toilets Nos. of Public Toilets : 101 have been Nos. of Pink Toilets : 16 constructed. In (for Ladies specially) addition to that Nos. of Community Toilets : 69 mobile toilets have Nos. of Urinals : 120 been installed at slum/remote areas The inspection of these public and community toilets under ODF scheme of is conducted on a regular basis. Govt. of India. All Toilets are regularly All the toilets are fully functional and operational in monitored for proper a compliance manner.
functioning and
maintenance. All the
community /Public
Toilets are connected
with the existing
sewerage network.
(Work completed)
6 Total 22 Nos of Work Completed.
desludging points
15
have been Total 22 nos. required as per site during desludging
constructed at last points have been constructed at last sewer manhole
sewer manhole near near SPS (Sewage Pumping Station). Sewage from
SPW (Sewage different Public Toilets/slum areas is collected and
Pumping Station). discharged in these decanting points by registered
Sewage from different sewage decanters.
Public Toilets/slum
areas is collected and Note:- Presently no further desludging is required for
discharged in these network.
decanting points by
registered sewage Details of 22 nos. of de-sludging point are as per
decanters heavy Annexure-D.
vehicles fitted with
GPS.
(Work completed)
7 We are in process of Action Plan for the In-situ remediation and
developing in situ rejuvenation of Noida drain using Constructed
treatment using Wetland System and by development of biodiversity
park has been submitted by Dr. C.R. Babu (CEMDE, constructed wetland University of Delhi).
technique for Noida drain in consultation Six constructed wetland system each covering a with Prof. C.R. Babu stretch of 500 meter length have been proposed.
(CEMDE, University (Time Required-1.5 years)
of Delhi). Six
constructed wetland One nos. such wetland work has been awarded to
system each U.P. Irrigation department on dated 18.02.2021 (as
covering a stretch of per MOU) and it is expected that work will be
500 meter length completed within one year. i.e17.02.2022 (as per
have been proposed MOU) as pilot project.
for abatement of Physical progress of 50 %.
organic load of Noida Further two nos. In-situ remediation wetlands have
drain. been suggested o 01/11/2021 downstream by
(Time Required Prof. C.R. Babu in Kondli drains and plantation on
1.5years)
the embankment of drain to reduce air pollution. Execution would be initiated in time bound manner.
Timeline-March, 2023 Photographs showing construction in progress are enclosed as Annexure-E 8 Special drives have Special drives to check the embankment for the been carried out encroachment of all the 30 drains carried out by against encroachers respective work circle regularly. Presently there is on embankment of no encroachment on embankment of drains.
drains and same has Reports.
been maintained. So
disposal of untreated Report related to concerned Work Circle(s) and
photographs are enclosed as Annexure-F. waste water into drains has been stopped. All encroachments on the embankment of these 30 drains will be removed within next one year.
(Time Required- 1
year)
9 Noida will arrange Total 30 drains are merging in Kondli, UP,
further study by Irrigation drain
WAPCOS/EIL to
Guidence of Professor C.R Babu, Department evaluate feasibility of of Environment , Delhi University has been Intercepting sewer sought to suggest remedial measure.
16scheme as a long-
term remedial Professor C.R Babu inspected 15 major measure based on drains along with Noida officials & has submitted preliminary report, highlights of the study report the same is as below :-
further action will be taken accordingly. o Drains are classified into 3 types (Time Required-3 based on its width as major, years) medium & minor.
o Bio Remediation method has been proposed for major & medium drains. Construction of In-Setu Wetland & Plantation has also been proposed.
o Construction of sump well has been proposed for Minor drains which would connect them to STP.
Detailed design, estimate & financial proposal is in preparation by the consultant, which once submitted would be examined & execution would be initiated in a time bound manner.
For the complete implementation of the proposed solution target of June 2023 has been set.
Report of Prof. C.R. Babu is enclosed as Annexure- G. "
Compliance Report of UP State PCB dated 23.11.2021
10. UP State PCB has mentioned review meeting with concerned departments, including NOIDA, inspection of 95 STPs of the group housing societies, inspection of water polluting industries, status of discharge in irrigation canal/drains, quality of water in irrigation canal/drain and status of water treatment at Nagar Palika Parishad, Khoda Makanpur. The relevant extracts from the report are reproduced below:
"Group Housing Societies All 95 group housing societies as listed by NOIDA Authority have been inspected jointly by officers of NOIDA Authority and UPPCB. Out of 95, STPs were found established in 72 societies, samples of treated effluent from all operational STPs have been drawn and analysed at NABL accredited laboratories of Board.17
Status of compliance with regards to discharge standards for Fecal Coliform and other parameters for STPs of group housing societies and status of installation with regards to all 95 group housing societies has been detailed in Table 1.
No. of GHP STP STP Not STP Under Complying Not Report Installed Installed Installation STP Complying Awaited STP 95 72 19 3 12 55 4 (94+1 Under construction) Table 1 (The Discharge of all GH Societies is being tapped & treated at terminal STPs of Noida Authority) As is evident from above table, only 12 STPs were found to be complying with regards to discharge standards for Fecal Coliform, BOD, COD and pH among others.
Action by means of issuing show cause notice, imposition of Environmental compensation and initiating prosecution under relevant sections of Water (Prevention & Control of Pollution) Act, 1974 has been initiated against group housing societies where STPs have been found to functional but not a chieving norms, not installed or not operational during joint inspection, summary is as below-
No. of GH No. of Defaulter No. of
Project identified Prosecution
initiated/EC/
showcase
95 77 77
(94+1 Under
construction)
List of group housing societies along with their compliance status is annexed as Annexure II of the report. Besides above-mentioned action, Environmental compensation of Rs. 8,39,93,000/- has already been imposed on group housing societies for past violation and status of same has been submitted in Hon'ble Tribunal.
Industries Presently, 85 water polluting industries are established in NOIDA and all 85 units have been re-inspected by officers of Board in September, 2021. During inspection, 25 units were found closed, out of 60 operational units samples collected from final outlet of ETPs of 10 units were found to be violating discharge standards. Action by means of issuing show cause notice, imposition of Environmental compensation and initiating prosecution under relevant sections of Water (Prevention 8z Control of Pollution) Act, 1974. Summary of status of compliance of industries and action taken against violating industries has been detailed in Table 3.
Inspected Operati Clos ETP Complia Show cause Remark Industry onal ed Installed nce issued/EC Imposed/ Prosecution 85 60 2 60 50 10 EC imposed after 5 Hon'ble NGT order -18
Rs. 4.25 lac against 01 unit, Rs. 8,000/-
per day against 05 units, Rs. 7.500/- per day against 01 unit and Rs. 5000 per day against 03 units Table 3: Summary of Status of Compliance and Action Taken against Industries Besides above-mentioned action, Environmental compensation of Rs. 79,45,000/- has already been imposed on industries for past violation and status of same has been submitted in Hon'ble Tribunal.
Permission for Discharge in Irrigation Canal/Drain In compliance of directions of Hon'ble Tribunal, Board vide letter dated 28.08.2021 had sought information from Irrigation department to ascertain whether any permission has been given to NOIDA for discharge of overflow and treated effluents into the irrigation canal, as per reply received from Irrigation department vide its letter dated 18.09.2021 has informed that no permission for discharge of effluents has been given by them to NOIDA or any other agency, copy of same is annexed as Annexure III of the report. Further, NOIDA Authority has furnished a copy of letter dated 2.11.2021 by means of which they have requested irrigation department to issue them permission for discharging treated effluent of five STPs meeting discharge standards in irrigation drain, copy of same is annexed as Annexure IV of the report.
Quality of Irrigation Canal/Drain Regional Laboratory, NOIDA, UPPCB has been carrying out monthly monitoring of Kondli irrigation drain for general parameters only, however, in view of orders passed by Hon'ble Tribunal, monitoring has been carried out along the drain for Fecal Coliform as well besides other general parameters. Results have been presented in Table 4.
Sl. Sample Date Physico-Chemical Bacteriological
No. Location Parameters Parameters
pH BOD COD TSS Total Fecal
6.5 (mg/l) (mg/l) (mg/l) Coliform Coliform
- <30 <250 <100 (MPN/ (MPN/100
9.0 100 ml) ml)
< 1000
Water Quality of Kondli Drain at upstream and downstream September 2021 U/S Kondli Drain 03-09-21 7.44 48.0 320.0 157.0 35 X 105 14 X 105 Entry point Sector-11 (Near Hari Darshan Police Chowki) Noida D/S Kondli Drain 09-09-21 Z65 33.0 232.0 112.0 28 X 105 11 X 105 Before Meeting of Yamuna River (Vill-Chak Mangaraula), Noida October 2021 U/S Kondli Drain 21-10-21 7.42 66.0 336.0 164.0 22X 104 26X 103 19 Entry point Sector-
11 (Near Hari Darshan Police Chowki) Noida D/S Kondli Drain 21-10-21 7.44 54.0 288.0 122.0 47X 103 21 X 103 Before Meeting of Yamuna River (Vill-
Chak Mangaraula), Noida Table 4: Water Quality of Kondli Irrigation Canal at Entry and Exit Point of NOIDA As is evident from the above results, though beyond standards, quality of drain with regards to general parameters as well as Fecal Coliform is better at confluence point of River Yamuna at Sector 168, NOIDA compared to its quality at Sector 11, NOIDA where it enters the geographical boundary of NOIDA. These results are in coherence with report submitted by Central Pollution Control Board, New Delhi with regards to water quality of the drain. Besides this, monitoring has also been carried out on all 30 drains from where untreated effluents enter Kondli irrigation canal in NOIDA area, during inspection 6 of these drains were found dry. Analysis results for remaining 24 drains have been presented in Table 5 below.
S. Sampling Date Physico-Chemical Bacteriological
No. Point Parameters Parameters
Collection Colour Odour pH BOD COD TSS Total Fecal
(mg/l) (mg/l) (mg/l Colifor Coliform
m (MPN/10
(MPN/ 0 ml)
100
ml)
1 Samerville 08.10.21 Turbid Unplea 7.39 384 102 146 33x106 12x105
School, sant
Sector-22,
Noida
2 In front of 08-10-21 Colourl Slightly 7.45 368 96 138 39 x 106 20x105
Gate Near ess
Police
Chowki,
Sector-23,
Noida
3 Sector-23. 08-10-21 Turbid Faint 7.39 360 72 131 33 x 106 21 x 105
Police Chowki
Side, Noida
4. Kribhco 08-10-21 Slightly Unplea 7.36 160 48 121 11 x 107 14 x 105
Society, Blackis sant
Sector-35, h
Noida
5 Kribhco 08-10-21 Colourl Unplea 7.16 216 57 132 41 x 105 27 x 105
Society, ess sant
Sector-35, In
front of
Hariom
Sweets, Noida
6. Brijwasi Unplea 7.43 224 54 110 11 x 106 20 x 105
Caters, Near 08-10-21 sant
Harijan Basti,
Sector-35,
Noida
7. Surabhi 08-10-21 Blackis Unplea 7.37 320 81 140 39 x 106 26 x 106
Hospital, h sant
Service Road,
Sector-35,
Noida
8. Surabhi 08-10-21 Turbid Unplea 7.39 328 72 145 24 x 105 14 x 105
Hospital, sant
20
Sector-35,
Noida
9. Kendriya 08-10-21 Turbid Slightly 7.32 312 66 138 17 x 107 12 x 106
Vihar, Sector- Unplea
51, Noida sant
10. Neelgiri F1, 08-10-21 Turbid Odourle 7.51 248 42 118 42 x 106 40 x 106
Kendriya ss
Vihar,
Gole
Chakkar,
Noida
11. Sector-50, 08-10-21 Colourl Slightly 7.22 256 45 112 79 x 105 22 x 105
Beech Road, ess Unplea
Sector-51, sant
Gole Chakkar,
Noida
12. 7X, Sector-76, 08-10-21 Turbid Slightly 7.46 320 78 142 46 x 106 33 x 105
Near Metro Unplea
Station, Noida sant
13. Bhrampal 08-10-21 Turbid Slightly 7.48 392 90 172 54x106 17 x 106
Market, Bhati Unplea
Dairy, Village- sant
Barola,
Sector-49,
Noida
14. Barola 08-10-21 Turbid Slightly 7.51 240 42 118 25 x 105 15 x 103
Shamshan Unplea
Ghat, Sector- sant
49, Noida
15. UGR, Barola, 08-10-21 Blackis Unplea 7.35 360 54 140 24 x 106 17 x 106
Sector-50, h sant
Noida
16. Kajal Dairy, 08-10-21 Turbid Slightly 7.44 312 48 124 47x106 14x106
Samudayik Unplea
Sauchalya, sant
Sector- 50,
Noida
17. SMG Public 11-10-21 Colourl Slightly 7.32 296 72 112 63 x 106 46 x 106
School, ess Unplea
Rajeev sant
Colony,
Bhangel,
Noida
18. Satnaam 11-10-21 Muddis Slightly 7.39 344 102 138 26 x 106 22 x 105
Kirana Store, h Unplea
Bhangel, sant
Noida
19. NSEZ, Metro 11-10-21 Slightly Unplea 7.41 304 75 136 38 x 105 32 x 105
Statton, Blackis sant
Notda h
20. Bhangel 11-10-21 Slightly Unplea 7.59 288 54 142 28 x 107 22 x106
Drain, Blackis sant
Noida h
21. Hosiery 11-10-21 Slightly Unplea 7.46 360 84 168 15 x 106 12 x106
Drain, Blackis sant
Noida h
22. Advant' 11.10-21 Turbid Slightly 7.36 256 51 128 17 x 105 13x104
Sector-142, Unplea
Noida sant
23. Sector-135, 11-10-21 Turbid Slightly 7.52 248 42 110 38x 106 24 x105
Near Accentur Unplea
Accenture Pvt. sant
Ltd., Noida
24. Near Sector- 11-10-21 Turbid Slightly 7.54 256 45 116 47x 106 33x 106
82, Noida Unplea
sant
Table 5: Water Quality of Drains meeting Kondli Irrigation Canal within NOIDA region.
Further, in order to monitor the water quality of drain at entry and exit point of NOIDA region, Board has initiated process of procuring 21 and installing an Online Drain Monitoring System at both locations as directed in the meeting chaired by Additional Chief Secretary, Environment, Forest and Climate Change, Uttar Pradesh.
Status of Water Treatment at Nagar Palika Parishad, Khoda Makanpur Nagar Palika Parishad, Khoda Makanpur comes under administrative jurisdiction of district Ghaziabad. The said area was classified as Gram Sabha area until 2016 and was accorded the status of Nagar Palika Parishad in the year 2016. The said area was inspected by the joint team of Central Pollution Control Board and U.P. Pollution Control Board on 14.09.2021 to ascertain the status of progress made and steps taken so as to treat domestic effluent generated from the region.
Executive Officer, Khoda Makanpur had informed the joint team that efforts have been made to get land for establishing a STP from NOIDA Authority as well as Ghaziabad Development Authority as there is no land available within geographical boundaries of NPP for new infrastructure, however, same has not materialized and presently no plan is in place for treatment of domestic effluent generated from the region. In view of said non-compliance, show cause for imposing environmental compensation of Rs. 70,00,000/- has been given to Executive Officer, NPP, Khoda Makanpur by Board vide its letter dated 01.11.2021, copy of same is annexed as Annexure V of the report. Prosecution against Executive Officer, Nagar Palika Parishad, Khoda Makanpur, Ghaziabad is initiated."
Status Report of Delhi Government dated 17.11.2021
11. Report filed by Delhi Government mentions the meeting held by the Chief Secretary on 07.09.2021 with the concerned departments to consider the issues of (i) disposal of sewer wastes in Noida drains from Kondli, Gharoli and Khoda (Ghaziabad) causing pollution in Yamuna and
(ii) Sewage discharge from GD Colony, Gharauli village and Kondli village in Delhi to the drainage system of PWD, contributing to pollution to NOIDA drain. Thereafter, status of action against illegal dairies and other entities as well as operation of borewells, discharge of effluents is mentioned as follows:
"A. Operation of illegal Industries:
Two illegal industrial units (Jeans factory in Gharoli village and one car washing unit) were found which have been closed.22
B. Operation of illegal dairies:
A total of 67 dairies were sealed down in colonies of Gharoli Dairy Colony, Gharoli village and Kondli village.
C. Operation of illegal godowns in residential area:
04 sealing show cause notices were issued under DMC Act, 1957 issued for violation of provision of MPD-2021 to defaulters of Gharoli Dairy colony, Mayur Vihar for misusing the said residential / non-conforming premises.
D. Throwing of solid waste/C&D waste/other material on drain:
591 Challans were issued to residents of Kondli and Gharauli for disposing their wastewater into drain EDMC started door to door collection of MSW and has been processing the same in compost plant, WTE plant and malba is sent to C&D waste processing plant at Shastri Park.
E. Operation of illegal borewells:
DJB has found 94 illegal borewells. List of the same have already been sent to DM (East) for further sealing action of borewells. The action taken report w.r.t. sealing received from DM (East). The ATR is enclosed as Annexure-3. DPCC has also issued show cause notice for imposition of EDC on all these illegal borewells.
F. Discharging of effluent in open drain w/o sewer line:
Special camps were organized for sensitizing residents to take sewer connection. DJB has provided 6938 sewer connections in houses.
732 notices were issued to residents of Kondli and Gharauli.
All effluent/ sewage of Delhi in drains have been trapped into sewer line at 3 locations. The sewage of the sewer line is ultimately carried to Kondli STP for treatment. At present no untreated sewage of Delhi is out falling into Kondli drain.
All these 3 locations have been checked by members of task force during joint inspections till 14 Oct, 21 and on 18 Oct, 21 by Commissioner - EDMC.
The task force during inspections on 13.10.2021 and 14.10.2021 observed that no waste water generated from Delhi is being discharged in Noida Drain 23 DJB informed that all the sewer connections have been laid down and additional 108 new sewer connections have been provided in the area.
G. Water quality sampling:
Water quality analysis was done by DPCC on 14 and 18 Oct, 21. The waste water quality of all the samples drawn from the trapping points of DJB is meeting the general standards for sewer w.r.t PH, TSS & BOD (5.5-9-0. 6mg.1 & 350mg/1). Sampling report is annexed herewith as Annexure -4.
H. Aerial photography:
Aerial drone survey was done on 23.10.2021 to locate illegal units/dairies through drone. No such units were found.
Three points where DJB has trapped the wastewater was also video graphed, in which it is amply clear that no wastewater is being sent to Noida drain from Delhi.
Photographs taken during aerial survey are annexed herewith as Annexure -5."
CPCB Reports both dated 08.11.2021
12. The first report of CPCB deals with the standards of water quality of drains but there is no mention of such standards either laid down or proposed. The report simply mentions the water quality criteria for surface water courses (for bathing waters) and the general standards for effluents. The Tribunal had asked for the standards for disposal of treated effluents, to be permitted in storm water drains or irrigation canals to maintain the water quality of drains laid down or proposed under the Environment (Protection) Act, 1986/the Water (Prevention and Control of Pollution) Act, 1974. Let the Chairman and Member Secretary, CPCB look into this aspect and ensure that appropriate standards are laid down on the subject within one month from today.
The second report is about the status of sewage management in Khoda area. The reports mentioned that there is no infrastructure in the area and waste water is flowing in the drain. UP Jal Nigam needs to 24 prepare appropriate DPR and Nagar Palika needs to provide land for the purpose. The extracts from the report are as follows:
"1. Presently, there is no infrastructure in the area for management of sewage which include sewerage network and sewage treatment plant.
2. During inspection, CPCB team observed that waste-water discharges from Khoda- Makanpur Nagar Palika flows towards Delhi which finally merge with Kondli drain. Photographs depicting discharge from Khoda drain are attached as Annexure-I. Samples of waste-water of Khoda drain were also collected on 14.10.2021 and analysis report is presented in the following Table:
Location Parameter
pH TSS COD BOD PO4-P NH3-N
(mg/l) (mg/l) (mg/l) (mg/l) (mg/l)
Khoda drain in front 7.4 257 463 200 1.17 10
of temple on Delhi
Noida border.
Analytical results indicate that the values of the parameters namely BOD-200 mg/l, COD-463 mg/l and TSS-257 mg/l are much on the higher side. It is obvious from the characteristics of the waste-water flowing through Khoda drain that it is untreated.
3. At present, septage wastes as collected from septic tanks of households, are disposed of into STPs at Noida, Sector 62 for treatment and rest sullage wastes are discharged into drains.
4. Khoda- Makanpur Nagar Palika has requested UP Jal Nigam to prepare DPR on sewage management of the area. As per DPR report, Nagar Palika is divided into 07 zones and planned to install IPS (Intermediate Pumping Station) for each zone and 01 tail end STP.
5. Nagar Palika has requested NOIDA Authority to provide vacant land for installation of STP and decision on said matter is still pending. Copy of communication made with CPCB on the matter is attached as Annexure-II."
Discussion and directions
13. We have interacted with the officers present. It has come out during interaction with the CEO, NOIDA that as against claim of STPs of 72 out of 95 group housing societies being functional, the stand of State PCB is that only 12 were compliant. There is also contradiction in the narrative in the 25 report of the NOIDA Authority on the one hand and details mentioned in the annexures to the report. By way of illustration, in one of the charts at serial no. 77, STP is said to be working at Air Force Naval Housing Board (Jalvayu Tower), while in another annexure at serial no. 9 against the same complex, status of STP is mentioned as not constructed. The report of the NOIDA Authority mentions that sewer of complexes where STP were non-compliant have been connected to NOIDA sewer line. Number of such complexes is mentioned as 07, while it should have been 83, if only 12 out of 95 are functional and compliant. The impact of connecting sewers of group housing societies, which were required under the law to set up their STPs, will increase the load of NOIDA sewer line. It is not clear how such load will be sustained. From Annexure B, it is shown that various sewer lines are lying chocked or/are overflowing which obviously results in water pollution. This situation can hardly be held to be satisfactory though colour of compliance has been given which on scrutiny can hardly be called compliance. On the other hand, this amounts to absolving the non-compliant Project Proponents (PPs) of statutory obligations under the EC/Consents and profiteer by law violation which inter-alia amounts to an offence under Section 3 of the Prevention of Money Laundering Act, 2002 (PMLA Act, 2002) read with paragraphs 25 and 26 of Part A of the Schedule to the Act. This will also be against the 'Polluter Pays' principle as the PP has to be held accountable to meet the cost of restoration for the damage caused in violation of statutory mandate. Compensation in this regard has to be as per principles laid down in M. C. Mehta & Anr. v. Union of India, (1987) 1 SCC 395, Sterlite Industries (India) Ltd. v. Union of India, (2013) 4 SCC 575 and Goel Ganga Developers India Pvt. Ltd. v UOI, (2018) 18 SCC 257. Compensation has to have deterrent element having regard to financial capacity so that the law violation is not encouraged. Compensation amount needs to be credited to a separate amount for restoration and improvement of the environment.
NOIDA Authority needs to take further remedial action in the matter.
2614. In view of huge load of untreated sewage of group housing societies, the CSTP of Noida sewer line will have to be properly maintained and its compliance status monitored. The fact that even without STPs being installed/functional/compliant, sewer is being generated shows that the buildings have been occupied even before setting up of functional and compliant STP, in violation of EC/consent conditions. We are informed that partial occupancy certificates are issued to facilitate the builders to sell the flats which prima facie amount to offence. This policy will have to be reviewed to effectuate the mandate under the EC/Consent conditions read with Water and EP Acts. Though STPs were required to be functional before occupancy, they are either not installed or are non-functional or non-
compliant. Compliance is proposed in distant future extending upto four years, without specifying the accountability/liability of the PP responsible for the situation for continuing violation in the meantime.
15. Though learned CEO has stated that she will personally monitor compliances, it may not be practical unless there is a dedicated monitoring cell manned by qualified environmental professionals, taking of performance guarantees/deposits for performance from PPs before permitting commencement of the project and also before giving occupancy certificate, engagement of accredited agencies to assist such monitoring, and effective community involvement. The Inspector General of Police, Meerut Range submitted that IPC offences are not registered due to provisions of special law - EP Act. This can be no excuse as IPC offence are also committee and taking of such action does not violate the special law. Further, Section 133 Cr.P.C. can be also invoked wherever necessary. Since earning money by committing offences under Air, Water, EP Acts amounts to offence under Section 3 of the PMLA Act, 2002, the Enforcement Directorate needs to look into the matter to proceed against violators and colluders in such offences, as per the mandate of law.
2716. With regard to pollution of Kondli Irrigation drain, table 5 in the report of the State PCB shows that water quality is highly polluted. The State PCB has merely proposed procuring and installing online drain monitoring systems. The NOIDA Authority has proposed undertaking a study by WAPCOS/EIL for feasibility for intercepting sewer scheme and in situ treatment. In that regard work is said to have been allotted for one wetland.
Strengthening of existing sewerage network and termination to STPs has to be properly executed. As per information given in table 3 by Noida, out of 10 projects, 8 have been completed and two are under execution. Still, 30 sewage drains are to be properly sewered terminating to preplanned STPs of 180 MLD and the utilization of treated effluents needs to be planned. Action taken in this regard is patently inadequate. Further remedial action needs to be taken. The inspection report annexed to the report of the NOIDA Authority shows that so far no treatment of waste discharged in the said drain is taking place. The discharge of effluents in the drains is without permission of the Irrigation Department. In fact, such permission was refused. The report of NOIDA Authority and State PCB has not mentioned the performance of six STPs and mode of disposal of treated effluents and their utilization.
17. With regard to preventing untreated effluents generated at Khoda Makanpur, according to State PCB affidavit, there is no plan for treatment of domestic effluents for which environmental compensation of Rs. 70 lakhs has been levied. The Additional Chief Secretary, (Env.), UP submitted that the remedial action is to be taken by the Urban Development Department and he will take up the matter with the said department. Let the Urban Development Department, UP take remedial action in the present matter and further to ensure framing and executing an appropriate policy at all locations in the State in discharge of public trust doctrine obligating the State to prevent water pollution.
2818. Coming to the remedial action in Delhi, the action taken report filed on behalf of the Delhi Government has stated that no untreated sewage is generated from Delhi and discharged into the Noida drain. This aspect may be verified by the CPCB. The treatment capacity and performance of Kondli STP also needs to be verified particularly with reference to compliance with fecal coliform and utilization of treated sewage. It further needs to be ascertained whether such waste is being discharged into Shahdara drain.
Though it is stated that dairies have been closed, impact of such closure on improvement of environment has not been indicated and ensuring that such dairies do not operate illegally. In case of their operation, the environmental compliance needs to be adhered. With regard to borewells, though 16 borewells are said to have been sealed, there is no information about remedial action against the remaining. Compensation needs to be assessed and recovered against persons who have illegally operated the borewells.
19. In view of above, let the NOIDA Authority, Urban Development Department, UP and Chief Secretary, Delhi and CPCB take further follow up action and file compliance status within three 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. NOIDA Authority may not grant any partial or completion certificates in future without ensuring compliance of EC/Consent conditions and requirements of the EP and Water Acts. UP and Delhi Police and ED may also take such action as may be found appropriate in the light of above observations.
20. We sum up our directions as follows:
NOIDA i. Discrepancies pointed out in para 13 regarding functional status of STPs, their compliance and connectivity to sewers to be addressed and clarified considering desludging and maintenance of sewer lines.29
ii. Action against violators and colluders under Section 3 of PMLA Act, 2002, IPC as well as under Section 133 of Cr. PC to be looked into.
iii. Granting partial or completion certificates must be compliant with EC/Consent conditions.
iv. Completion of ongoing sewerage network to be ensured and steps taken in respect of 30 drains and their termination to respective existing or new STPs.
v. Mode of disposal of 6 existing STPs to be compliant with standards, including fecal coliform and utilization of treated effluents to be ensured.
UP State PCB/Irrigation Department/Urban Development, UP vi. Maintaining water quality of irrigation canal (Kondli drain) as per Water Act. STPs to be consented accordingly and regular monitoring of performance of terminal STPs as well as of group housing societies required.
vii. Khoda Nagar Palika to set up required STP and State of UP to frame and execute policy as directed in Para 17 above.
GNCTD (EDMC/DJB/DPCC) viii. Ensuring no waste water enters from Kondli drain to Noida.
ix. Kondli STP should comply with standards and adequately cater to the need of designed capacity with proper utilization and disposal of effluents.
CPCB x. To evolve standards and formulate policy for maintaining and restoring water quality of storm water drains/irrigation canals and other "streams" as per the Water Act, 1974.
List for further consideration on 12.04.2022.30
A copy of this order be forwarded to CPCB, Chief Secretary, Delhi, Additional Chief Secretary, (Env.), UP, Secretary, Urban Development Department, UP, CEO NOIDA Authority, Vice Chairman, GDA, District Magistrate, Gautam Budh Nagar, Police Commissioner, NOIDA, I.G. Meerut, UP State PCB, UP Jal Nigam, Nagar Palika Parishad, UP, Special Commissioner of Police, East Delhi, DPCC, EDMC, DJB and Director, ED by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. Nagin Nanda, EM December 23, 2021 Original Application No. 1002/2018 AVT & DV 31