National Green Tribunal
Mr Gopal Radheshyam Choudhari vs M/S Sms Paryavaran Ltd on 23 August, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item Nos. 01 to 02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 09/2017(WZ)
Suresh Banarasilal Jaipuria Applicant
Versus
SMS Paryavaran Ltd & Ors. Respondent(s)
WITH
Original Application No. 05/2018(WZ)
Gopal Radheshyam Choudhary Applicant
Versus
M/s. SMS Paryavaran Ltd. & Ors. Respondent(s)
Date of hearing: 23.08.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Respondent(s): Mr. R.B Mahabal, Advocate for R-2, 3 and 4
Mr. D.M Kale, Kale for R-5
Mr. Vilas A. Jadhav, Advocate for R-6
ORDER
1. Grievance in these applications is against water pollution on account of discharge of untreated sewage in open land and in Unad Nalla at Shegaon, District Budhlana, Maharashtra, resulting in water pollution 1 and damage to the environment, particularly the ground water which has become unfit for consumption. There is also discharge of dangerous gases from the sewage pipes/manholes. There is a Samadhi of Shri Gajanan Maharaj at Shegaon which is a holy place where lakhs of people visit.
Though respondent Nos. 2 to 4, the officers of the Water Supply and Sewerage Board (Maharashtra Jeevan Pradhikaran (MJP) awarded tender for setting up the sewerage system at estimated cost of more than Rs. 27 Crores, on account of use of sub-standard material and poor execution, there is no effective treatment and management of sewage. W.P No. 5856/2007 has been filed at Bombay High Court at Nagpur about the malpractices of the said Authorities. The applicant pointed out the malpractices before the Upa Lokayukta and other Authorities but no remedial action has been taken.
2. Considering the above, the Tribunal issued notice on 01.02.2017 to the respondents including, the MJP, Municipal Council, State PCB and State of Maharashtra, who have filed their respective replies. Stand of respondents 2 to 4, MJP, is that DPR was not properly prepared on account of which defects remained in underground system during execution of work, leakage test was not conducted. MJP levied penalty on the contractor in view of the inquiry report dated 14.02.2017, submitted by Superintendent Engineer, Public & Works Department, Akola. The sewerage line work has since been completed. State Pollution Control Board as per its report dated 26.09.2016 found the working of STP satisfactory. The underground sewerage system is functioning since June 2015 and its proper functioning can be verified by a third party. It is the Municipal Council which has to complete the connectivity work.
23. Stand of the State PCB is that at the time of visit to the site on 30.01.2017, the STP was not found operational and no requisite consent had been taken by the municipal Council. STP is to be transferred to the Municipal Council by MJP. In further affidavit of the State PCB filed on 30.11.2017, it is stated that inspection was carried out on orders of this Tribunal and STP was found operational but some quantity of sewage was flowing through the Unad Nalla without treatment. House-keeping of the STP was average. The Municipal Council has not sought consent. MJP has been asked to stop discharge of untreated sewage into the drain by forming a temporary bundh. Prosecution notice has been given to the Municipal Council and notice has also been issued why proceedings be not initiated under Section 268-278 of IPC and 133-143 of CrPC for unscientific disposal of waste. Sample from the inlet and outlet of STP has been taken and as per analysis report, the sample was within prescribed limit.
4. Vide order dated 27.02.2019, this Tribunal found that STP was partially operational and thus water pollution was taking place.
Accordingly, State PCB was directed to take remedial action and give a report. Vide order dated 24.09.2019, the Tribunal considered the report showing deficiencies as follows:-
" S.No. Directions Comments
1. As to whether there is any There are seepages from the underground
seepage in the pipeline and sewerage pipelines observed where not
the STP. connectivity of pipeline provided for carrying
raw sewage in the Lakhpati Galli area. There
are issues noted in respect of available
gradient/slope towards STP in the Lakhpati galli area. It is told that the Railway authorities are not giving permission to lay down the pipeline in their area. Therefore no proper elevation is maintained. The residents has blocked the manholes by filling the soil.
However, no signs of seepages from the STP units observed
2. The team shall also examine The STP comprises of units such as, receiving the functional efficiency of chamber, screen chamber (mechanical and the STP by conducting an manual), raw water sump, inlet fine screen appropriate test. chamber (mechanical and manual) distribution box, grit chamber, MBBR reactors1 and 2. Secondary clarisettler, 3 chlorine tank, treated effluent and sludge tank, sludge thickener. During the visit it is observed that the MLSS in the MBBR-1&2 are not up to the mark. The feeding to the MBBR is not carried out. The chlorination for disinfection was improper. Though the STP was found in operation, the sewage effluent was only passing from one unit to another without any proper treatment. No functional efficacy of the units observed. It was told that approximately 50% of the sewage effluent is allowed to enter into the STP and rest is by passed to the nallah/ guttar due to maintenance work to sewerage network.
3. The team shall conduct test The officer from Maharashtra Jeeva Pradhikaran to ascertain as to whether expressed their inability to perform the leakage there is any contamination test during the visit, as the underground of soil and ground water, sewerage pipeline is having flow of sewage water bodies, wells etc. in effluent and it is in running condition, and gas the vicinity of the sewerage leakage may cause fatality. They have further network and the STP. stated that, since the STP is also in operation the leakage test could not be conducted under such circumstances. However during the visit the committee members observed that, the trunkmen located at Shivneri Chowk is overflowing and the sewage is discharging into the nearby roadside open drain, may be "
due to ongoing road repair network.
5. From the above, the Tribunal noted that allegation of pollution was established but there was conflicting stands of the MJP, the Municipal Council and State PCB which required coordination at higher level in the administration. Accordingly, the Tribunal directed the Chief Secretary to ensure remedial action. The State Government was directed to deposit performance guarantee of Rs. 1 Crore to the satisfaction of CPCB to remedy the situation. State PCB was directed to assess the environmental damage caused on account of failure to lay and maintain sewer line properly resulting in pollution. The Chief Secretary was directed to file report within two months.
6. The matter was further considered on 15.06.2020 in the light of report of the State PCB that compensation liable to be paid was Rs. 13.88 Crores by the MJP. The Tribunal also considered report of the Chief Secretary dated 12.12.2019 to the effect that College of Engineering, Pune was appointed as third party to conduct audit of the underground drainage 4 system and performance guarantee was furnished to the CPCB. The Tribunal accordingly directed the Chief Secretary, Maharashtra to take further follow-up action and file a progress report.
7. We have accordingly taken up the matter today for further consideration in continuation of order dated 15.6.2020. We find that no report has been filed on behalf of the Chief Secretary, Maharashtra. There is also no report by the State PCB or the Municipal Council. However, a rejoinder affidavit dated 25.10.2021 has been filed by the MJP to the effect that they have not yet paid compensation assessed by the State PCB as the State PCB failed to disclose the basis of the calculation. It is not having much skilled staff and efficient workers to work on STP which is the reason for not running the STP efficiently. Samples have been collected on 12.07.2021 from the bore-wells and sent for testing the water quality which has been found to be good.
8. Learned counsel for the State PCB and Municipal Council however submit that STP is not functional and untreated sewage is being discharged in open drain. They have contested the stand of the MJP including that water quality is good or that non payment of compensation was justified. Basis of calculation of compensation has been duly filed and noted in the earlier order of this Tribunal. Order of State PCB has become final in absence of any challenge thereto but non payment is without any legal basis.
9. We have considered the matter. None appeared for the applicant. Learned counsel for the MJP submitted that it is the responsibility of the Municipal Council to remedy the situation. Stand of the Municipal Council is that the underground sewage work being not proper, it is unable to remedy the situation. The State PCB has submitted that pollution is 5 continuing for which the Municipal Council as well as the MJP are accountable. Third party audit report has not been submitted.
10. In the light of the stand of the State PCB, we are unable to accept the stand of the MJP that the system is working properly and no pollution is being caused. We also do not find any justification of MJP having not deposited the compensation assessed by the State PCB which has not been challenged by the MJP in any appropriate proceedings. The State of Maharashtra has failed to remedy the situation inspite of repeated orders requiring proper coordination at higher level. Damage to environment and public health is thus continuing. Performance guarantee furnished to CPCB will thus stand forfeited and MJP is directed to deposit compensation with liberty to State PCB to take coercive and remedial measures as statutory regulator. The assessed compensation may be utilized for restoration measures.
11. Further, in view of unsatisfactory state of affairs, situation needs to be remedied by involvement of higher Authorities in the State. Consistent with earlier directions, the Chief Secretary may take follow-up action in coordination with other concerned officers including, the Additional Chief Secretary, Municipal Administration/Local Bodies. Under public Trust doctrine, the State is under obligation to protect the environment and must provide necessary funds for restoration measures in case the funds available with the Municipal Council are not adequate. This direction is necessary to comply with the judgement of Hon'ble Supreme Court in Paryavaran Surakasha v. UOI (2017) 5 SCC 326 requiring the Local Bodies and State Administration to ensure that no untreated sewage is discharged failing which the concerned Secretary to Government is to be held accountable.
6
12. This Tribunal has dealt with the issue of preventing discharge of untreated sewage in several orders. Particular reference may be made to orders dated 11.02.2022 and 18.05.2022 in respect of Nasik in Maharashtra in OA No. 544/2019, Dr. Kiran Ramdas Kamble & Anr. v. State of Maharashtra. Relevant observations from the said orders are:-
Order dated 11.2.2022:
"1to4.....xxx.....................................xxx..................................xxx
5. It is seen that generation of sewage is in the range of 4.5 - 5.0 MLD while arrangement for treatment is only for 1 MLD sewage.
Remaining untreated sewage is being discharged into the river which is not fit even for bathing purpose as per primary water quality criteria but may be drunk by human and other living beings to the detriment of their health and in violation of environmental laws and judgment of the Hon'ble Supreme Court in Paryavaran Suraksha case1 followed by directions of this Tribunal referred to above. We place on record our strong disapproval to the inhuman conduct of the State of Maharashtra and its concerned officer for such situation and proposing action by August, 2023 inspite of repeated orders of this Tribunal in the last more than two years. We have not found any reason why such action could not have been taken earlier in view of Supreme Court orders of 2017 and why erring officers are not being prosecuted as directed by the Hon'ble Supreme Court. Disciplinary action appears to be an eye wash and wholly inadequate and not against senior officers who are real culprits for the situation. Regretfully, the authorities do not appear to have taken the trouble even to read the order. The report filed is incomplete. Information on cleaning of drains used for dumping sewage and garbage has not been given. Details of quantity of sewage generated from adjoining areas and the progress on underground sewerage needs to be ascertained so as to ensure remedial action. Comprehensive plan for Trimbakeshwar has to be in place, as directed earlier. No response has been given on these significant aspects.
6. Confronted with such failures, the Principal Secretary, UD, who is present by video conferencing has assured the Tribunal that immediate interim arrangements will be made to prevent untreated sewage being discharged into the river, pending permanent solution by way of setting up necessary STPs and directions earlier issued will now be complied with.
7. The Tribunal holds that direct discharge of sewage containing both organic and inorganic pollutant into the river Godavari is highly detrimental to the ecology and environment. The polluted water may 1 (2017) 5 SCC 326 7 also have serious negative impact on ecologically sensitive Madhmeshwar Birds Sanctuary in the area which is a Ramsar Site created from the backwater of dam on Godavari in Nashik District.
8. Let the Chief Secretary, Maharashtra ensure satisfactory action in the light of abovesaid observations, including meaningful coercive action against erring officers which may include prosecution, apart from disciplinary action as per directions of the Hon'ble Supreme Court, quoted earlier. Compliance affidavit of status as on 30.04.2022 be filed before this Tribunal by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The District Magistrate, Nasik may, in coordination with concerned stakeholders, prepare and execute action plan for utilization of Rs. 1.0 crore deposited by the State Government for improving the environment consistent with the District Environment Plan. The Chief Secretary, Maharashtra may remain present in person on the next date by video conferencing."
13. After the above order, the situation was remedied as noted in subsequent order dated 18.05.2022 as follows:-
"
6. We have interacted with the Chief Secretary, Maharashtra present before the Tribunal by VC. From the affidavit filed, quoted above, it is seen that the STP is now working and steps have been taken for augmentation of its capacity, interim compensation has been deposited, ecotechnology has been adopted as interim measure and ozonization technology has been finalized as permanent measure for treatment of effluents for which work order has been issued. Action has been taken against some of the erring officers. Gap in generation of effluents and treatment capacity is proposed to be bridged by installing pre-fabricated STP and taking temporary measures. It is also stated that no untreated sewage will henceforth be discharged into the Godavari."
14. In the present case, there appears to be total lack of inter-
departmental co-ordination. No reliable data of quantity of sewage generation and treatment in the designed 7.0 MLD STP is available.
Untreated effluent is being discharged into Unad Nala. There does not appear to be connectivity of households to STP. Septage management is also not shown. Contours of sewers do not appear to have been explored to ensure that sewage flow is properly conveyed to STP with required gradient.
815. Let further remedial measures be taken and supervised by the Chief Secretary, Maharashtra. Additional Chief Secretary, UD/Local Bodies may remain present before this Tribunal by video conferencing with the action taken report with all factual details on the next date.
16. We also direct the CPCB to verify the compliance status as on 30.10.2022 and give an independent factual report in the matter based on the deficiencies observed.
List for further consideration on 05.12.2022.
A copy of this order be forwarded to the Chief Secretary, Maharashtra, State PCB and CPCB by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dinesh Kumar Singh, JM Prof. A. Senthil Vel, EM Dr. Vijay Kulkarni, EM August 23, 2022 Org. Application No. 09/2017(WZ) With Original Application No. 05/2018(WZ) AB 9