National Green Tribunal
Sumitra Devi vs Central Pollution Control Board on 4 February, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 04 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Execution Application No. 42/2019
IN
Original Application No. 124/2015
M.A. No. 72/2020: for intervention
(With report dated 03.11.2020)
Sumitra Devi Applicant
Versus
CPCB Respondent
..................
HSPCB .................. Applicant in EA
Date of hearing: 04.02.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Mr. Shivesh P. Singh, Advocate for applicant in MA 72/2020
Respondent: Ms. Prachi Mishra, Advocate for State of Rajasthan
Mr. Aman Bhalla, Advocate for CPCB
Mr. Rahul Khurana, Advocate for HSPCB
Mr. K.K. Singh, Advocate for MoEF&CC
Mr. Nikhil Jain, Advocate for RIICO
ORDER
1. This application has been filed by the Haryana State PCB for execution of order dated 12.12.2017 passed by this Tribunal, directing the Rajasthan State Industrial Development and Investment Corporation (RIICO) and the CETP operating society at industrial area Bhiwadi, Rajasthan Bhiwadi to take remedial measures against water pollution from the CETP. It is submitted that the authorities failed to perform their duties and order of this Tribunal dated 12.12.2017 has not been complied with, resulting in stagnation of untreated effluents and 1 domestic sewage affecting the inhabitants in and around border of Rajasthan and Haryana, particularly in Dharuhera in Haryana.
2. A factual and action taken report with reference to the status of compliance of directions of this Tribunal in order dated 12.12.2017 was sought from a joint Committee of MoEF&CC, CPCB and Rajasthan State PCB with CPCB being the nodal agency. The matter was last considered on 28.01.2020 in the light of report of the CPCB (on behalf of the joint Committee) dated 13.12.2019 giving the compliance status of each of the directions as follows:
"Compliance Status of Hon'ble NGT order dated 12.12.2017, in O.A. No. 124 of 2015 in the matter of "Sumitra Devi Vs. CPCB & Ors" before P.B., New Delhi S. Directions Compliance as on 04.12.2019 as per the joint No. inspection team (RSPCB, CPCB and MoEF&CC
13. The money paid by the Out of 8 proposed villages, RO plants are installed in industry would be 7 villages. In Khijuribas village RO plant is not utilized for installation installed due to dispute onsite. The details including of RO systems in all the operational status of RO plants is as given below:
villages at Bhiwadi
Name of RO plant Installation Commissioned
surrounded by an village capacity
industrial complex. To
maintain them shall be
the duty of the State Rampura 500 lit/hr Completed on Not commissioned
Government and the 11.02.2018
RIICO. In the event of Mundana 500 lit/hr Completed on Not commissioned
default, appropriate Meo 12.02.2018
action shall be liable to
Milakpur- 500 lit/hr Completed Not commissioned
be taken against the Gurjar
concerned officer(s). The
State of Rajasthan shall Sahadod 500 lit/hr Completed Not commissioned
expedite its long-terms Khijuribas Work not started by contractor
scheme for providing
potable water to every Harchand Completed Not commissioned
pur
house through pipelines
and it should be given Nagaliya 500 lit/hr Completed Not commissioned
at utmost priority.
Kharani 500 lit/hr Completed Not commissioned
Although RO plants in 7 villages have been installed 2 but none of them made operational. As per the Executive Engineer, PHED-Bhiwadi, the firm has not started work for O & M period, therefore contact has been rescind by Add. Chief Engineer, NCR Alwar vide letter dated 7.8.2019 and retendering process under progress which will be completed within 2-3 months. The status report as on 03.12.2019 collected from PHED is enclosed at Annexure-IX.
14. Similarly the projects in As informed by the Nagar Parishad, Bhiwadi they relation to establishment have taken up the work of laying of sewer lines and and construction of STP constructing 5 STPs under AMRUT Yojana of 11.5 should also be given MLD capacity. The 5 Sequential Batch Reactor (SBR) priority by the State STPs which were under construction at Rajasthan Government and they Housing board (1.5 MLD), Mundana Mev (2MLD), should be installed Khanpur (2MLD), Santhalka (3MLD) & near existing without any undue one (3MLD). The present status of STPs collected from delay. Nagar Parishad, Bhiwadi is enclosed at Annexure-X. Name Capac Compl Present Present Expected Remar ity in etion Status Hindrance Completio ks MLD n STP1 1.5 100% Operationa Permission Complete Prese at l for disposal d nt RHB point is flow:
pending 0.5
MLD
STP2 2 100% Operationa - Complete Prese
at l d nt
Mund flow:
ana 0.05
Meo MLD
STP3 2 47% High Court stay from 17.01.2018 to till date
at
Khan
pur
STP4 3 100% Operationa Awaiting 31.012.2
at l permanent 019
Housi power
ng connection
Board
(near
existi
ng)
STP5 3 88% Equipment Disposal 28.02.20 Inlet
at installation point not 20 conne
Santh is under fixed ction
alka progress is
pendi
ng
1.5 MLD STP at RHB:- The SBR technology based
STP was in operational with inlet flow of 46m3/hr. as per the operator 0.5 MLD flow coming against the 1.5 MLD designed capacity. The treated wastewater 3 has been discharged on the open area at the back side of STP without any chlorination which created cesspool of stagnated wastewater in between the STP and nearby residential areas. Samples of STP outlet has been collected and the analysis results reveals that the treated STP outlet values of pH:-6.86, O&G:1.2mg/l, TSS:-54mg/l, COD:-184mg/l and BOD:30.33mg/l. The detailed analysis report is enclosed at Annexure-XI.
2.0 MLD STP at Mundana Meo:- The 2 MLD capacity SBR technology based STP was in operation with a inlet flow of 0.05 MLD against the 2MLD designed capacity, it is because of out of 4 villages (Mundana Meo, Rampura, Nayagoam, and Kairani) only Mundana Meo village domestic wastewater is coming to STP and other 3 villages sewer connection is not done. The sewer connection could not be done due to railway line construction and no NOC from DFC. During the visit railway line earth bund raising work was under progress. Presently the treated wastewater from STP is discharged on open plot just in front of STP, however Nagar Parishad has constructed a storage tank for reuse of this treated water. At the time of visit STP outlet samples collected and analysed for pH-7.29, TSS-15mg/l, COD-85mg/l, BOD-6mg/l and O & G:1.4mg/l. the detailed analysis report is enclosed at Annexure-XII.
2MLD STP at Khanpur:- 47% construction work has been completed and further no progress done by the construction agency i.e. M/s L & T due to stay order from Rajasthan High Court, Jaipur from May 2018. As per the Nagar Parishad officials that there is a dispute regarding title of the land of STP at Khanpur.
3MLD STOP at Housing Board Colony:- The STP is located near existing old 4.0 MLD STP, which is just adjacent to the CETP. It is a SBR technology based STP and 100% construction work completed and connection to sewer line is pending which will be completed by end of February 2020. Presently the untreated sewage is going towards Dharuheda industrial area along with the untreated domestic wastewater of Maheshwari (village situated in Haryana) and Dharuhera and accumulated near Bestech shopping Centre and Dharuhehera industrial area. During visit collected the drain samples at Nagina Garden (Rajasthan), Modern public school after mixing with domestic effluent of Maheshwari village and accumulated wastewater 4 at Dharuheda industrial area for analysis of general parameters, bacteriological parameters and heavy metals to identify and to know the industrial effluent is mixing in domestic drain or not. During visit it was observed the untreated effluent from M/s Amul Dairy (Dudhmoti Sargar), a industry situated in Dharuhera Industrial area was, being discharged in to the accumulated waste water at Dharuhera Industrial Area. The combined effluent (domestic and industrial) generated from Bhiwadi Industrial Area is being treated in a 9MLD CETP and treated waste water pumped to Khushkhera industrial area where the treated effluent is accumulated in open plot. The details of drain samples collected is as given below:
S. Drain pH TSS COD BOD Heavy Metals
NO Sampling
. Locations Fe ZN Mn Cu
01 Nagina 7.16 36 188 49.61 0.318 0.04 0.164 0.008
Garden 69 4
02 Modern 7.75 45 208 21.2 0.273 0.03 0.174 0.009
Public 85 9
School
03 Domestic 7.81 155 432 74.96 0.948 0.09 0.143 BDL
& 15 2
Industrial
effluent
accumula
ted at
Dharuhed
a
Industrial
Area
Note: 1. all values are in mg/l except pH.
2. Other metals values reported as BDL.
3.0 MLD STP at Santhalka:-As informed by
Nagar Parishad Bhiwadi the STP is under
construction and about 88% work has been
completed and the entire work will be completed by 28/02/2020.
In addition to above 5 STP‟s and one 4MLD existing STP, Nagar Parishad Bhiwadi is also constructing 3 septage systems with 1.2 MLD sewage treatment capacity.
15. The waste collected on RIICO has allotted land measuring 34729m2 near the dredged materials Rampura Mundana, Kharani for dumping of non- shall be deposited at the hazardous industrial solid waste to Bhiwadi Jal site which is to be Pradushan Niwaran Trust (BJPNT) vide letter dated identified by the State 24.01.2018 but the BJPNT has not taken the Government. The State possession of the land. Due to non-availability of should identify the site boundary wall. BJPNT has requested RIICO for within four weeks from construction of boundary wall of this site. Proposal 5 today and it will be the for construction of boundary wall has been responsibility of the forwarded to RIICO head office, Jaipur for approval RIICO to ensure that the by RIICO Bhiwadi office on 4.11.2019. After dredged material or any construction of boundary wall BJPNT will take other waste collected possession of the site for scientific development and from the industrial operation of dumping yard. The land allotment and cluster is stored in SPVC formation letter is enclosed at Annexure-XIII.
accordance with law
and relevant waste
rules at that site. The
waste should be stored
in accordance with law
with the relevant waste
rules.
16. The RICCO and the
As informed by SRM, RIICO project report of
State Government shall
amounting Rs. 146.00 cr. for the up gradation of work out on the proposal existing CETP upto ZLD level was prepared by for reuse of the treated BJPNA, Bhiwadi (consultant M/s IL&FS). On the effluent of water from request if State Government, Ministry of Finance, the CETPs/STPs. It shall GOI, New Delhi has been issued financial sanctionof Rs.146.0 be the duty of all concerned including the F.No.44(1)PF.S/2018-19-1377dated11.12.2018. industries that under no RIICO has invited proposal for selection of Project circumstances any water Management Consultant for this work in or effluent is permitted to September 2019, but the tender got rejected in be collected around the November 2019 due to participation of only one industrial clusters or firm i.e. M/s IL&FS Company. Senior Regional inside the cluster. Manger, RIICO informed that new tender for consultancy work will be floated soon.
17. Needless to say that RSPCB, Bhiwadi is collecting samples from outlet of Pollution control Board CETP on fortnightly basis and are being tested in and Department of their laboratory. Besides board has constituted Environment shall Pollution Control and Vigilance Squad (PCVs) for 24x7 maintain due surveillance in the area.
surveillance and collect
samples on regular
intervals.
18. The State of Rajasthan It was informed by RIICO Ltd, Bhiwadi that sanction
is granted liberty to had been received from GOI amounting Rs 146 crore
approach the for the work of upgradation of industrial effluent
Department of Industrial management system at industrial area Bhiwadi.
Policy and Promotion (in
short DIPP) for receiving
financial assistance
from the Central
Government. The State
is free to move the
Central Government and
6
if such proposal is
mooted, the same shall
be dealt with utmost
expeditiously. "
3. From the report, it was clear that necessary steps had not been taken by the concerned authorities in Rajasthan. The ROs had not been commissioned. The work of STPs was incomplete. The industries were violating the norms for which remedial action was not taken. The Tribunal accordingly directed further action and filing of a further report by the joint Committee on verification of compliance. The operative part of the order is extracted below:
"5. From the above it is clear that even after two years of the order of this Tribunal, all necessary steps have not taken in right earnest. ROs installed as far back as 11.02.2018 have still not being commissioned, without any valid reason. Work of STPs also remains incomplete even though financial assistance has been duly received from the Central Government for upgradation of the industrial effluent management. The industries which are violating the norms have not been closed, though it is stated that inspection was carried out and the report was sent to the head of the State PCB. Thus, the action taken by the concerned authorities is not consistent with the concern required for remedying the environment and for rule of law. There is no justification for not even adopting interim measures by way of phyto-remediation/ bio-remediation/ tapping of drains carrying pollutants and remedying the same. Since basic responsibility is of the RIICO, the said Corporation and its key office bearers must be made accountable and they may be liable to be prosecuted if there is continuous negligence and failures. This Tribunal may have no other option except to take appropriate coercive measures, including stopping of salary of the Managing Director and other senior officers of the Corporation. The Tribunal may also consider compensation to be recovered for the damage to the environment from the salaries of the said officers."
4. Accordingly, further report of monitoring dated 03.11.2020 has been filed by the joint Committee comprising MoEF&CC, CPCB and RSPCB. Compliance status is mentioned to be as follows:
7"Compliance Status of Hon'ble NGT order dated 28.01.2020, in 0.A. No. 124 of 2015 in the matter of "Sumitra Devi Vs CPCB & Ors" before P.B. New Delhi S. Directions work progress in the field as on 05 & 06.10.2020 as per the joint Remarks No inspection team (RSPCB, CPCB and MoEF&CC)
1. It shall be ensured by the RIICO as well as the CETP The joint inspection team collected a sample of CETP final Outlet and Complied operating Society that the CETP operates as its analyzed at CPCB, Regional Directorate, Lab Bhopal Results tabulated below optimum capacity and its effluents from the are:
discharge point should also be within the prescribed limits.
Parameters Analysis Prescribe
Results Standards
pH 6.98 5.5-9.0
TSS 24 100
COD 86 250
BOD 18 30
Oil & Grease 2.2 10
Chloride 784 1000
Sulphate 514 1000
Phosphate 0.05 --
Fluoride 2.2 2.0
Total Coliform 540 --
MPN 100/m1
Faecal Coliform 84 --
MPN 100/m1
Note: All Value are mg/l & except pH
The treated effluent was meeting the inland surface water discharge 8 standards prescribed under MoEF&CC notification S.O. 4(E) dated 01.01.2016 for general & heavy metal parameters. The copy of detailed analysis report is enclosed at Annexure-1. The inlet quality standards for CETP has been prescribed by RSPCB vide office order dated 11.03.2019 in compliance with MoEF& CC notification S.O. 4(E) dated 01.01.2016. Copy of the notification is enclosed at Annexure-11. The Bhiwadi Jal Pradushan Niwaran Association is calibrating the online continuous effluent monitoring system (OCEMS) on regular basis and last calibration done on 05/08/2020.
Copy of analyser calibration report is enclosed at Annexure-111. On the day of the inspection i.e. 05/10/2020, the OCEMS installed at CETP outlet was showing readings of pH-7.66, TSS6. 79 mg/I, BOD- 11.68 mg/I and COD- 54.46 mg/1. Copy of the day average enclosed at Annexure-IV. On the day of inspection the CETP was in operation with inlet flow of 362 m3 /hour and the outlet flow was 353.Im3 / hour. As per the record provided by CETP representative that the average flows of CETP in July, August and September2020 is as given below in table against the CETP capacity of 9 MLD. During visit no overflow and bypass observed from the CETP.
Month Monthly Average flow in MLD
Inlet Outlet
July-2020 9.01 8.04
August-2020 8.9 8.4
September-2020 8.6 8.3
Note: last three months daily flow details submitted by the CETP are enclosed at Annexure-V. As CETP receiving industrial as well as domestic wastewater through conduit pipe of 2.5KMs length from a common sump of 2 drains coming adjacent to the shyam vatika (Rajasthan housing board) & Parshvanath mall. The open drain near shyam vatika carries effluent of Phase+ 1 RIICO industrial -cum-domestic area whereas the Parshvanath mall open drain carries effluent of Phase 2, 3, 4 & Rampur Mundana RIICO industrial -cum-domestic area. Presently the treated effluent of CETP is being discharged at Khushkhera industrial area, which is 14 km away from the CETP through conduit pipe system (4KM HDPE and rest is RCC HUME 9 pipe). During the visit it was observed that the treated effluent accumulated on the open plot near Mis Kundan edible oil from the final outlet of CETP (being pumped to Khushk.hera). During the visit the final discharge point samples accumulated on the open plot at Khuskhera has been collected and the analysis values found to be pH:6.99, TSS:54 mg/1, TDS: 1968 mg/1, COD-:293 mg/1, BOD-65 mg/1, Cl - 627 mg/I, Sulphate> 302 mg/I, Phosphate:-0.2158 mg/1, Fluoride> l.lmg/1 The copy of detailed analysis report is enclosed at Annexure-VI.
2. The CETP control the discharges at the outlet point Treated effluent from CETP is pumped up to Matila village after which Not complied effluent flow under gravity up to RIICO Industrial Area, Khushkhera in closed conduit pipeline ( 4KM HDPE and rest is RCC HUME pipe) laid down by RIICO for disposal of effluent up to Sabi River.
M/s Honda Two vehicler Limited is taking approx. 01 MLD of treated water from the closed conduit pipeline at RIA Tapukara for development of greenbelt in Honda Campus. Mis G-Tekt India Pvt. Ltd Tapukara is taking approx 1.5 MLD of treated water from the closed conduit pipeline at RIA Tapukara for development of greenbelt/irrigation in their premises.
CETP treated water (approx. 0.5 MLD) is being utilized for sprinkling on roads in Bhiwadi industrial area to control the dust emissions & for watering in the parks/lawns maintained by Bhiwadi Manufacturers Association (BMA). As informed by SRM, RIICO Bhiwadi to utilize 100% of the CETP treated effluent, a preliminary project report of amount Rs. I 46 Crores for ~- gradation of existing CETP to 6 MI..D ZLD facility, laying of closed conduit pipeline for carrying untreated effluent from industries to CETP & reverse pipeline for supplying treated effluent back to industries has been prepared by BJPNA Bhiwadi. On request of State Government, Ministry of Finance, GOI, New Delhi has been issued financial sanction of 146 Crores vide sanction order No. F.No.44(1) PF. S/2018-19/1377 dated 11/12/2018. RJICO has invited bids for appointment of Project Management Consultant for this work as on 23.10.2019 but could not be succeeded due to exorbitantly higher rates and also a single bidder. Accordingly bid was rejected by RIICO on 13.11.2019. After re-tender, M/s Excel Tech Consultancy and Projects Pvt. Ltd. has been appointed 10 as Project management Consultant on 10.01.2020.PMC has submitted DPR to RJICO in September 2020 for approval of report. After approval from RJICO Head Office and after vetting from the experts of MNIT Tender for said work will be invited. RIICO Ltd. Bhiwadi informed that CETP for industrial area Chopanki & Kehrani will be constructed at industrial area Kehrani. Land measuring 17.05 Hectors has been acquired by RIICO.
No progress on the ground was observed.
3. The CETP should ensure that all the parameters Disinfection of the CETP treated effluent using Chlorine gas was put in place Complied including that Fecal Coliform or the Total Coliform on 08.02.2018 and operational since then. During visit it was observed that are maintained within the prescribed limits. chlorine dosing was being done and records of chlorine gas dose are maintained.
4. It will be the duty of Rajasthan Pollution Control Compliance of these directions were submitted jointly by RIICO and RSPCB Complied Board, CPCB Department of Environment and the on 27/08/2018. A joint inspection by CPCB and RSPCB was conducted on State of Rajasthan to conduct a joint inspection and 28/09/2018 to ensure the compliance of these directions. ensure the compliance of these directions in future.
In the event of Joint inspection on 4.12.2019 by CPCB, RSPCB and MoEF&CC official Copy default not only the RIICO and Society would be of joint inspection report enclosed at Annexure VII. liable to pay environmental compensation @ Rs.
50,000/- per default, but the concerned officer(s) of the Pollution Control Board and the designated officer(s) from Department of Environment of the State would also be liable for disciplinary action.
5. Out of the 346 industrial units which have consented In compliance with the RSPCB, Head Office, Jaipur office order Complied to operate shall be subjected to an inspection by the dated 27.12.2017, teams of officials from RIICO Bhiwadi Unit- 1, Department joint inspecting team consisting of Pollution Control of Industries (DIC Bhiwadi) & Regional office, RSPCB, Bhiwadi were Board, RJICO and the representative of the State constituted by office order dated 29.12.2017 & inspection of 346 nos. of Government. These would be subjected to industries which were running with valid consent of Board (as on Comprehensive for which a will be inspection report 12.12.2017) completed by the joint inspection team. 5 industries were found Prepared particularly in relation to the source of permanently closed/dismantled/ shifted. Out of 341 operating industries, no water and utilization thereof. The effluent standards, major deficiency/non-compliance with regard to water pollution control the arrangements was observed except one (M/s Singh Plasticizers, Bhiwadi) Functioning of the Primary Treatment Plant and against which closure direction has been issued. However, for other non- whether they are adhering to terms and conditions of compliances of conditions of CTO regarding air pollution control measure/ the consent granted by the Board. If any of these equipment, CGW A permission, record keeping etc. show-cause notice was industries are found to be defaulting they shall be issued to such industries. The report is prepared and submitted to RSPCB, 11 shut down forth with without any further Notice. Head Office for uploading on the website of the RSPCB and the same has been uploaded on the website.
6. The 137 industrial units whose applications are Inspection of all 137 industries whose consent applications were pending as Complied pending with the Board, they shall also be subjected on 12.12.2017 has been completed by the joint inspection team. The all to the inspection by the joint inspecting team and completed applications had been disposed by Board. their application for renewal shall be dealt with and disposed of in accordance with law as expeditiously as possible in any case not later than four weeks from today.
7 The 652 industrial units the details of which have not Survey of 652 industrial plots whose details were not furnished has been Complied been furnished. Out of them all the industrial units completed jointly by RIICO limited and RSPCB. The record of RIICO limited which are operating without obtaining the consent of (plot number wise) and RSPCB (industry name wise) have been the Board and are discharging effluents shall be shut reconciled/updated. On the basis of the survey of 652 plots, nearly 120 down, within one week from today. industrial units have been identified operative without Consent to Operate (most of these industrial units are of Green/White category). Remaining 532 plots are being used for non-industrial purposes viz. offices, go-downs etc. Or laying vacant or with closed/dismantled industrial units. The remaining 120 industrial units have either obtained Consent (as per category) or do not require to obtain consent from the board (being a White category) During a joint survey of 652 nos. of industrial units, none of the industry was found discharging trade effluent, thus immediate closure of industries was not required. The report has been uploaded on the website of the RSPCB.
8. The joint inspection team shall conduct a survey to Survey of 652 industrial plots whose details were not furnished has been Complied find out as to how many out of 652 are industrial completed jointly by RlICO limited and RSPCB. The record of RlICO limited units and how many are using the space provided to (plot number wise) and RSPCB (industry name wise) have been them for godown/offices etc. reconciled/updated. On the basis of the survey of 652 plots, nearly 120 industrial units have been identified operative without Consent to Operate (most of these industrial units are of Green/White category).Out of 652 plots remaining 532 plots are being used for non-industrial purposes viz. offices, go-downs etc. or lying vacant or with closed/dismantled industrial units.
9. For up gradation of the CETP as well as for setting up Out of 943 nos. of industries (Red, Orange, Green & White) in RlICO Complied of the STP, all the industries shall be liable to pay a industrial area, Bhiwadi, 840 nos. of industries have paid Environmental sum of Rs. 50,000/- as environmental compensation Compensation amounting to Rs. 2.412 Cores. Remaining industries are on Polluters Pays" principle. These industries have either lying closed/dismantled are covered under White Category" RSPCB & been polluting for years, in fact, we should have RlICO are pursuing with industries lying closed/dismantled & White 12 imposed much more environmental compensation category industries to deposit the environmental compensation amount. upon them, but since the State Pollution Control Board is taking of the matter with earnest and assure the Tribunal for providing due funds for improvement of the conveyer belt/drain or setting up of STP and up gradation of the CETP, as it is stated that 92 industrial units which are in Red category so would pay environmental compensation of Rs. 50,000/-, those who are in Orange Category would pay environmental compensation of Rs.30,000/- while the industries in Green/White Category shall pay Rs.
10,000/-.
10. If the amount if not paid within two weeks from today Show cause notice intending directions for closure under section I 33(A) of Complied by the industries to the State Government the Water Act 1974 and under Section 3l(A) of the Air Act 1981 has been Department of Environment, in that event that issued during April 2018 to individual industry for paying/depositing industry shall be liable to be shut down without any environmental compensation. further Notice.
The amount so deposited shall be utilized for the Notices have been issued to industries lying closed/dismantled & White compliance of the directions contained in this order. category industries to deposit the environmental compensation RSPCB & RIICO are pursuing with industries lying closed/dismantled & White category industries to deposit the environmental compensation amount
11. We direct the RIICO to clear all the drains and dredge As informed by Senior Regional Manager RIICO Bhiwadi- I 1,RIICO is taking Complied them within four weeks from today. No drain of up the work of cleaning of drains regularly of industrial areas. After Bhiwadi industrial cluster should be December the total quantity 5264.87 cum has been cleaned from industrial Chocked/blocked, it will be the duty of RIICO to area Kehrani and total quantity 42838.13 cum has been cleaned from all ensure regular maintenance thereof. phases Bhiwadi industrial area. For annual cleaning of drains in industrial area Bhiwadi phase 1,2,3 and 4, the RIICO has invited tender on dated 29.09.2020.
The drain repairing work has been executed in length 750mtr by brick masonry. The maintenance of drain by replacing old drain to RCC drain has been executed 935 m. drain in length.
12. The potable water shall be provided to all villagers is As informed by Ex.En PHED Bhiwadi water is being supplied through Partially the prime responsibility of the State through tankers tankers in 14 villages i.e. Nagaliya, Alampur, Ghatal and Khijarpur, Gudhan, complied or by fixation of RO systems. Rampura, Shahdod, Kehrani, Milakpur-Gurjar, villages (Rampura, MundanaMev, Milakpur-Gurjar, Sahadod, Harchandpur, Nagaliya and Kharani) but non-of them were functional. In khijuribas village RO plant is 13 yet to install.
13. The money paid by the industry would be utilized for Out of 8 proposed villages, RO plants are installed in 7 villages. In khijuribas Not Complied installation of RO systems in all the villages at village RO plant is not installed so far. The details including operational Bhiwadi surrounded by an industrial complex, to status of RO plants is as given below:
maintain them shall be the duty of the State Government and the RIICO. In the event of default, Name of the RO plant Installation appropriate action shall be liable to be taken against villages Capacity the concerned officer(s). The State of Rajasthan shall. Rampura 500 Lit/Hr Completed MundanaMev 500 Lit/Hr Completed MilakpurGujjar 500 Lit/Hr Completed Shadod 500 Lit/Hr Completed Harchandpur 500 Lit/Hr Completed Nagaliya 500 Lit/Hr Completed Kehrani 500 Lit/Hr Completed Khijuribas Work not started by contractor During the visit RO plants found not commissioned. Although RO plants in 7 villages have been installed but none of them made operational. As per the Executive Engineer, PHED-Bhiwadi, the firm M/s. Fontus Water Pvt. Ltd. Delhi had not started work for 0 & M period, therefore contact has been rescind by Add. Chief Engineer, NCR Alwar vide letter dated 7.8.2019. After re-tendering the work order of installation and commissioning of all 8 RO plants has been issued by PHED wide letter dated 27.08.2020 to M/s. Amera Agency, Tamil Naidu. Executive Engineer PHED intimated that entire work related to all 8 RO's shall be completed upto 15.11.2020 and till the time they are supplying potable water in the villages through tankers. The status report as on 05.10.2020 collected from HIED is enclosed at Annexure-VIII.
14. Similarly the projects m relation to establishment As informed by the Nagar Parishad, Bhiwadi they have taken up the work of and construction of STP should also be given laying of sewer lines and constructing 5 STPs under AMR.UT Yojana of l priority by the State Government and they should be l.5MLD capacity. The 5 Sequential Batch Reactor .(SBR) STPs which were installed without any undue delay. under construction at Rajasthan Housing board (l.5MLD), Mundana Mev (2MLD), Khanpur (2MLD), Santhalka (3MLD) & near existing one (3MLD). The present status of STPs collected from Nagar Parishad, Bhiwadi is 14 enclosed at Annexure-IX.
1.5 MLD STP at RHB: -The SBR technology based STP was non Operational due to silt deposition in main inlet line as informed by the operator. As there was no outlet flow, sample could not be collected.
2.0 MLD STP at MundanaMeo:-The 2 MLD capacity SBR technology based STP was in operation with inlet flow of 0.7 MLD against the 2 MLD designed capacity, It is because of out of 5 villages (MundanaMeo, Bilaheri, Rampura, Nayagoam, andKairani) only MundanaMeo village domestic wastewater is coming to STP and in other 4 villages, sewer connection is not done. The sewer connection could not be done due to railway line construction and no NOC from DFC. During the visit railway line earth bund raising work was under progress. Presently the treated wastewater from STP is discharged on open plot just in front of STP, however Nagar Parishad has constructed a storage tank for reuse of this treated water. At the time of visit STP outlet samples collected and analysed for pH-7.28, TSS-18 mg/1, COD-61 mg/1, BOD-14 mg/1 and O&G: 1.8 mg/l. The detailed analysis report is enclosed at Annexure-X. 2MLD STP at Khanpur:-47% construction work has been completed and further no progress done by the construction agency i.e. M/s L&T due to stay order from Rajasthan High Court, Jaipur from May 2018. As per the Nagar Parishad officials that there is a dispute regarding title of the land of STP at Khanpur.
3 MLD STP at Housing Board Colony:-The STP is located near existing old 4.0MLD STP, which is just adjacent to the CETP. It is a SBR technology based STP and 100% construction work completed and commissioned on 28/09/2020. During visit, STP was operational with inlet flow of 0.4 MLD against the 3 MID designed capacity but was found under stabilization stage so sample was not collected. Presently only about 20 % sewer connection is done by the Nagar Parisad. Due to significant non connection of sewer line, some part of untreated sewage is going towards Dharuheda along with the untreated domestic wastewater of Maheshwari (village situated in Haryana) and Dharuhera and flowing towards Bestech shopping Centre at 15 Dharuhera. During visit, team collected the drain samples at Nagina Garden (Rajastahan), Modern public school after mixing with domestic effluent of Maheshwari village (Haryana) and Flowing waste water near Bestech and accumulated waste at Dharukhera industrial area being generated from Waste Water for analysis of general parameters and heavy metals to identify and to know the industrial effluent is mixing in domestic drain or not. However it was observed by the team that quantity of waste water flowing toward Bestech (Dharuhera) was very less compared to previous visit in the month of December. 2019.
3.0 MLD STP at Santhalka:-
It is a SBR technology based STP and 100% construction work completed and commissioned on 17/09/2020. During visit, STP was non operational due to silt deposition in main inlet line. As there was no outlet flow, sample could not be collected. In addition to above 5 STP's and one 4 MLD existing STP, Nagar Parishad Bhiwadi is also constructing 3 septage systems with 1.2 MLD sewage treatment capacity.
The combined effluent (domestic and industrial) generated from Bhiwadi Industrial Area is being treated in a 9 MLD CETP and treated waste water pumped to Khushkhera industrial area where the treated effluent is accumulated in open plot. The details of drain samples collected is as given below:
Drain Sampling PH TSS COD BOD Chloride Sulphate Fluoride locations mg/I mg/I mg/I mg/1 mg/I mg/I 7.3 29 143 21 385 56 0.42 Nagina marriage Garden Modem public School 7.44 41 193 39 380 96 0.45 Open drain at Bestech 7.25 28 200 60 337 99 0.52 City Center, Dharuhera Domestic & Industrial 4.77 357 2858 1420 689 96 0.56 16 effluent accumulated at Dharuheda Industrial Area Note: all values are in mg/I except pH. Lab Analysis Report enclosed at Annexure- XI
15. The waste collected on the dredged materials shall be RIICO has allotted land measuring 34729mL near Rampura Mundana, Complied deposited at the site which is to be identified by the Bhiwadi for dumping of non- hazardous industrial solid waste to Bhiwadi Jal State Government. The State should identify the site Pradhushan Nuwara Trust (BJPNT) vide letter dated 24.01.2018 but the within four weeks from today and it will be the BJPNT has not taken the possession of the land. Due to non- availability of responsibility of the RIICO to ensure that the dredged boundary wall. BJPNT has requested RIICO for construction of boundary material or any other waste collected from the wall of this site. The land allotment and SPVC formation.
industrial cluster is stored in accordance with law and Copy of letter enclosed at Annexure- XU relevant waste rules at that site. The waste should be stored in accordance with law with the relevant waste It was informed by Senior Regional Manager RIICO Bhiwadi-1, the work rules. order for dumping yard Boundary wall has been awarded on dated 30.01.2020 in favor of Mis Kapoor Singh & Company & the work has been completed on dated 10.09.2020. There was some delay in execution of the work, which was due to Covid-19 lockdown & shortage of laborers. The work has been completed at site. Letter to Chairman, BJPNA for handing over taken over of dumping yard has been issued on dated 04.09.2020.
Copy of letter enclosed at Annexure- XIII
16. The RIICO and the State Government shall work out As informed by SRM, RIICO, to utilize 100% of the CETP treated effluent, a However, on the proposal for reuse of the treated effluent of preliminary project report of amount Rs. 146 Crores for up-gradation of during joint water from the CETPs/STPs. It shall be the duty of all existing CETP to 6MLD ZLD facility, laying of closed conduit pipeline for inspection no concerned including the industries that under no carrying untreated effluent from industries to CETP & reverse pipeline for progress on circumstances any water or effluent is permitted to supplying treated effluent back to industries has been prepared by BJPNA ground was be Bhiwadi. On request of State Government, Ministry of Finance, GOI, New found. collected around the industrial clusters or inside the Delhi has been issued financial sanction of 146 Crores vide sanction order cluster. No. F.No.44(1)PF.S/2018-19/1377 dated 11/12/2018. RlICO has invited bids for appointment of Project Management Consultant for this work on 23.10.2019 but could not be succeeded due to exorbitantly higher rates and 17 also a single bidder. Accordingly bid was rejected by RIICO on 13.11.2019. After re-tender, Mis Excel Tech Consultancy and Projects Pvt. Ltd. has been appointed as Project management Consultant on 10.01.2020. PMC has submitted DPR to RJICO in September 2020 for approval of report. After approval from RIICO Head Office and after vetting from the experts of MNIT Tender for said work will be invited.
17. Needless to say that Pollution Control Board and RSPCB, Bhiwadi is collecting samples from outlet of CETP on I fortnightly Complied Department of Environment shall maintain due basis and are being tested in their laboratory. Besides board has constituted surveillance and collect samples on regular intervals Pollution Control and Vigilance Squad (PCVs) for 24x7 surveillance in the to ensure that there is no pollution. area.
18. The State of Rajasthan is granted liberty to approach It was informed by RIICO Ltd, Bhiwadi that sanction had been received from Complied the Department of Industrial Policy and Promotion (in GOI amounting Rs 146 corer for the work of up gradation of industrial short DIPP) for receiving financial assistance from the effluent management system at industrial area Bhiwadi. Central Government. The State is free to move the Central Government and if such proposal is mooted, the same shall be dealt with utmost expeditiously
19. It shall be the duty and obligation of the RIICO and The inspection report/analysis reports are uploaded on official websites of Complied the Pollution Control Board to place in the public RSPCB. domain the inspection report as well as analysis reports.
20. The applicant and for that matter, any citizen would Noted for compliance. Noted for be at liberty to file objections if it comes to the notice compliance that these reports do not depict the actual ground realities. The above directions shall be carried out by all concerned without delay and default, whosoever is found to be obstructing the compliance shall be liable to be proceeded against for violating the order of the Tribunal and shall be dealt with in accordance with law.
21. Vide our order dated 01st March 2017, we had Noted the directions. Noted the imposed environmental compensation and cost upon directions. the various departments and officers. In the event, these directions are complied with in that event the compensation or the cost imposed shall stand waived, but in the event of default they shall become 18 operative and it will be the duty of State of Rajasthan to comply with those orders without any default.
22. The Central Pollution Control Board shall also be In compliance of the Hon'ble NGT directions, CPCB hold a meeting on CPCB is responsible for keeping general supervision in 12.04.2018 with officials of Department of Environment, Rajasthan, conducting relation to compliance of these directions. This Rajasthan State Pollution Control Board (RSPCB) and Rajasthan State review general directions issued in relation to industrial Industrial Development & Investment Corporation Limited (RIICO), meetings clusters regularly with Rajasthan. During meeting, the participants were requested to accomplish Bhiwadi shall be adopted and followed by the State various actions within time frame fixed by the Hon'ble NGT and further stake holders. Government and all the other concerned authorities review of the progress is ongoing. The last with such modifications as may be necessary. meeting was held on 13.08.2020
23. The industries which were permitted to operate under Inspection of all the 19 industries had been carried out by RSPCB and units Complied the orders of the Tribunal and the board was required were found complying with Environmental laws so no action was required. to inspect the same if their a status report is not filed by the joint inspection team now within two weeks from the today, they shall be liable to be closed.
19Recommendations:
A. The Santhalka 3MLD capacity STP and the 0.5 MLD capacity STP at RHB were non-operational due to silt deposition in main inlet lines, the MundanaMeo 2 MLD capacity STP was in operation with inlet flow of 0.7 MLD against the 2 :MLD designed capacity and the Housing Board Colony 3MLD capacity STP was operational with inlet flow of 0.4 MLD against the 3 MLD designed capacity. These STPs are not receiving the full quantity of domestic wastewater due to 20 % sewer connection only. Because of non-connectivity of 100% sewer lines and non-operation of these STPs, the part of untreated - sewage was going towards Dharuhera( Haryana). Therefore, directions may be issued to Municipal Corporation. Bhiwadi for submitting the time bound action plan for early completion of entire sewer connections and proper functioning of constructed STP's.
B. During the visit the joint committee has also collected 3 drain samples from Nagina marriage Garden( pH-7.3, TSS-29mg/l, BOD-21mg/l and COD-143mg/l), Modern public School pH- 7.44, TSS-4lrng/1, BOD- 39mg/l and COD-193mg/l -) and Open drain at Bestech City Center( pH-7.25, TSS-28mg/l, BOD-·60mg/l and COD-200mg/l). All the drain samples results are within the limits except the BOD values of Modem Public School and Bestech City Center drains whereas the accumulated C. wastewater sample values are 15 to 20 times higher than the drain samples values. The higher concentrations (pH-4.77, TSS-357mg/I, COD- 2858mg/1, BOD-1420mg/l and Fluoride-0.56mg/l) of wastewater accumulated in the open land at the Dharuhera industrial area reveals that industrial effluent from Dharuhera industrial area also mixing with the accumulated wastewater. Therefore directions may be given to HSPCB for identifying the industries which are contributing the industrial effluent accumulated at Dharuhera industrial area.
D. During the visit the joint committee members collected the samples of treated waste water pumped from CETP to Khushkhera industrial area where the treated effluent is accumulated in open area and the analysis values found to be pH-6.99, TSS-54 mg/1, TDS-1968 mg/I, COD-293 mg/1, BOD-65mg/1, Chlorides-627 mg/1, Sulphate-302 mg/1, Phosphate:-0.2158 mg/I, Fluoride- 1.1mg/I. from the analysis report that it indicate that the COD, BOD and fluoride values are exceeding the discharge norms of CETP. Therefore directions may be issued to Bhiwadi Jal Pradushan Niwaran Association (BJPNA) for utilization of CETP treated waste water up to the maximum possible extant 20 so that treated waste water may not get accumulated in Khushkhera.
E. Ministry of Finance, Govt. of India has given a financial sanction of 146 Cores for construction of 6 MLD ZLD plant at CETP Bhiwadi on 11.12.2018. RIICO has invited bids for appointment of Project Management Consultant for the work on 23.10.2019 and rejected the bid due to exorbitantly higher rates and also a single bidder on 13.11.2019. later on retendering done by RIICO, after re- tender M/s Excel Tech Consultancy and Projects Pvt. Ltd. has been appointed as Project management Consultant on 10.01.2020 and the consultant has submitted DPR to RIICO in September 2020 for approval. As per SRM, RIICO Bhiwadi the Tenders for the work will be invited after approval from RIICO Head Office at Jaipur and after vetting from the experts of MNIT, Jaipur. Therefore directions may be issued to RIICO for submitting the time bound action plan for early completion of 6 MLD ZLD project to prevent further damage to the environment.
F. Out of 8 villages RO plants are installed in 7 villages but none of them found in operational and all the plants are damaged and the potable water is being supplied to the villagers through tankers as per the demand. As per the Executive Engineer, PITIED, Bhiwadi that the firm M/s. Fontus Water Pvt. Ltd. Delhi had not started work for 0 & M period, therefore contact has been rescind vide letter dated 7.8.2019. After re- tendering the work order for installation and commissioning of all 8 RO plants has been issued vide letter dated 27.08.2020 to M/s. Amera Agency, Tamil Naidu and work will be completed on or before 15.11.2020. In view of the above Additional Chief Engineer PHED NCR Alwar may be directed to submit the time bound action plan to complete the installation and commissioning of RO plants in all the identified villages."
5. From the above, it is seen that STPs are non-functional due to silt deposition in the inlet lines. They were not receiving the full quantity of the waste because of non-connectivity of sewer-lines.
Waste water was getting accumulated in the open land. Treated waste water was also not being utilized but was getting accumulated. RIICO has still not finalized the ZLD project plant at CETP inspite of sanction of funds on 11.12.2018. RO plants 21 installed in seven villages were not operational. It is also seen that industrial effluent from Dharuheda industrial area is also mixing with the waste water.
6. Response of the RIICO filed on 06.11.2020 is that the work of cleaning of drains in the industrial area has been taken up. Land has been provided for solid waste management, boundary wall has been constructed for dumping yard, letter has been written for setting up of waste treatment plant and for upgrading CETP to ZLD level. Steps are being taken to appoint consultant. Work order has been issued for installation and commissioning of RO. STP is to be provided by the Nagar Parishad. Additional affidavit has been filed by the State of Rajasthan on 07.11.2020 to the effect that there is no flow of effluent from Bhiwadi to the State of Haryana. Direction has been issued for closure of non-
compliant polluting industrial units. The construction of new STP is being expedited. RO systems have become operational in three villages and in five villages the same was likely to be completed soon. Phyto/bio remediation and tapping of the drains is to be undertaken by a Special Purpose Vehicle - Bhiwadi Jal Pradushan Niwaran Association (BJPNA), under the Chairmanship of ACS Industries.
7. HSPCB has filed its response on 03.02.2021 to the effect that on account of non-connectivity of sewer lines and non-operational of STPs, the untreated sewage was flowing to Dharuhera in Haryana. The HSPCB has already taken steps to prevent any effluent of Dharuhera industrial area flowing to residential area.
8. M.A. No. 72/2020 has been filed on 05.10.2020 for intervention by one Rahul Maheshwari, resident of Bhiwadi, for intervention, disputing the version of the authorities in the State of Rajasthan that remedial 22 action has been taken. According to him, unsatisfactory state of affairs continues on the ground. He has given following table of comments on the report of the joint Committee:
" Report of Joint Actual ground position
Committee
Point No.1, page 4 says The CETP is not complying consistently. that CETP is compliant.
In response to letter dated 06.02.2020 of Head Office, RSPCB the Regional Office sent the report admitting that out of 51 samples collected from 01.01.2018 to 31.01.2020, 15 samples were exceeding significantly. Copy of letter dated 06.02.2020 and report in reply there is annexed as Annexure-S/1 (Colly). However, as per report submitted vide letter dated 25.09.2019, out of 40 samples collected from 01.01.2018 & onwards, 22 samples were exceeding. Copy of letter dated 25.09.2019 consisting of report is annexed as Annexure- S/2 (Colly).
Two different reports show that Regional Office, RSPCB is misguiding its Head Office also.
The BJPNA was served with the Show Cause Notices dated 31.03.2020 and June, 2020 whereby it was directed to appear on 30.03.2020 and 31.06.2020 w.r.t. Environment Compensation. Copy of SCN dated 31.03.2020 and June, 2020 are annexed herewith as Annexure-S/3 (Colly). These letters further says that CETP neither has CTO nor Environmental Clearance as on date.
Point No. 2, Page No.7 Despite sanction of Rs.146 crore, no progress achieved. w.r.t. establishment of Infact, requisite legal permissions have not been ZLD facility of 6 MLD obtained including the Environmental Clearance etc. CETP BJPNA was asked on 06.05.2020 to withdraw the application of EC and to file it through proper channel but no step still has not been taken for last six months.
Point No. 2, Page No.7 Let M/s Honda Two vehicle Ltd. and M/s G-Takt India w.r.t. utilization of Pvt Ltd. may be asked to submit the affidavit in this treated effluents regard. Reality is that effluent was of that quality which destroys the green park of M/s Honda Two vehicle Ltd. Therefore, it stopped to take the supply of CETP effluent stated to be treated.
Point No.3, Page No.8 The report of disinfection using Chlorine gas is beyond w.r.t. Fecal Coliform reality. Infact, no chlorine gas is being used. The BJPNA treatment with be called upon to submit the bills for procuring the Chlorine gas Chlorine gas and payment thereto.
Point No. 15, Page-20 Contrary to report, SWM Rules, 2016 not complied "
within
9. It is further stated in the application:
"1. That 2400 tons of sludge was disposed of in open industrial plot situated at Neelam Chowk in the name of Jay Complex Pvt. Ltd. The applicant sent a complaint on 12.01.2020. Copy of email 23 dated 12.01.2020 and Media Reports are annexed herewith as Annexure-S/4 (Colly).
It is important to note that a platform has been constructed using hazardous sludge into CETP premises to execute Brick manufacturing plant. If sample is being taken from underneath of that land and their surrounding thereof, the analysis report will reveal the presence of hazardous waste therein.
2. The spent acid of Pickling Units is not being treated scientifically. There is no authorization under hazardous Waste Management Rules with CETP Operator i.e BJPNA. The photographs of fumes of spent acid are annexed herewith as Annexure-S/5 (Colly). It shows that how the life of residents is under threat and unsafe. The spent acid is being transported without taking preventive measures."
10. Further statement has been filed on 05.11.2020 by the said Rahul Maheshwari in continuation of the application alleging discharge of untreated effluents on open land in Bhiwadi. Further comments with regard to the joint Committee report have also been filed by him as follows:
"2. xxx ............................xxx .................................xxx
1) Point No.1- Page No.4:- CETP is not functioning and effluents at the discharge point are not within the prescribed limits. However, report submitted before the Hon'ble NGT is not showing this clear picture.
2) Page No.7 Point No. 2:- The Plan to setup a RO project has not been effectively implemented as amended/new application for Environmental Clearance has not been filed after rejection of previous application in May, 2020. Further, there is no place for establishment of RO project in CETP premises as shown in Layout Plan by BJPNA and as shown in application of EC. The application for EC has not been resubmitted in last 6 months. The modalities between RIICO and BJPNA are still on the ground level and they are just doing basic discussions to shift the responsibility.
3) Page No.8 Point No.2:- Further no treated effluents are being used at industrial area Tapukara as said in the report as after the trial it damaged their green park. As committed in the Affidavit Cum Action Plan by Secretary, Department of Environment, Rajasthan in OA 124/2015 on 12th September, 2017 the plan to setup CETP in the nearby industrial areas of Bhiwadi is not at all implemented 24
4) Page 8: - No Chlorine dosing is clone for treatment of fecal coliform
5) Dumping Ground of waste: No Compliance of SWM Rules, 2020. No Compliance or any other work is either done by RIICO or CETP administration/BJPNA.
6) Page 22:- Point No. 19 & 20. No reports are being updated in public domain. Even after regular complaints RSPCB is reluctant in taking any action irrespective of issuing show cause notices. None of these Show Cause notices are being answered by CETP administration/BJPNA."
11. Further statement filed by the said intervener on 27.01.2021 is as follows:
"2. xxx ......................... xxx ......................xxx.....................
(a) In regard to Solid Waste Management mentioned at page no.9, 10 of affidavit, the applicant submits as under:
(i) The RIICO cannot get rid of from its liabilities to ensure compliance of SWM Rules, 2016. Merely allotting land is not the compliance of SVVM Rules, 2016. It is further submitted that after allotment of land in 24.01.2018, no development has been carried out in compliance of SWM Rules, 2016 except construction of boundary wall of dumping yard. The State of Rajasthan and the RIICO are merely shifting their responsibilities towards BJPNA which itself is not interested for environmental safeguards. This fact is clear from the letter dated 04.11.2020 issued by the RIICO to Managing Director, BJPNA requesting him to take over Dumping Yard site. Copy of letter dated 04.11.2020 and 04.09.2020 of RIICO addressed to MD, BJPNA are annexed with additional affidavit of State of Rajasthan as Annexure-R112 (CoIly) at page No.132-133.
(ii) That establishment of Dumping Yard is not the compliance of SWM Rules, 2016. The Rules requires scientific processing of waste on which the State is silent. No timelines given for establishment of Waste Treatment process. Even, MRF Centre has not been constructed.
(iii) The agreement purported to be executed for Solid Waste Management itself titled as 'For Recycle Plastic Waste management' under the head `Agreement'. It appears that a third party agreement is executed with some Plastic Waste 25 Management unit. All this is just to create a third party interference for delaying the work and shifting their own responsibility. The RIICO has allocated the plot for Solid Waste Management to the SPV managing CETP and that SPV has signed an MOU with a Plastic Waste Management Company. (Refer Annexure 13 Page 134).
(b) Admittedly, even after 3 years from passing of order dated 12.12.2017 (under execution), no CETP has been established in Chopanki Industrial Area and Khushkhera industrial Area. Even, no timelines prescribed in Additional Affidavit dated 07.11.2020. [Refer page 10, 11 of Addl. Affidavit].
(c) The RIICO is misleading about up gradation of existing CETP to ZLD Level. The applicant submits as under:
(i) Gol sanctioned Rs. 146 Crores on 11.12.2018 for the above project. However, RIICO took more than 1 year in only appointing a consultant.
(ii) The RIICO is taking shelter of obtaining Environmental Clearance without taking sincere steps in this regard. Firstly, BJPNA files application for Amendment in ToR for Environmental Clearance for the RO project only on 29.02.2020. Secondly, said application has been rejected on technical grounds on 06.05.2020. After rejection of EC, no fresh step has been taken to obtain EC."
12. We have heard learned Counsel for the Haryana State PCB, State of Rajasthan and RIICO and also the intervenor and considered the rival submissions. From the above, it is seen that even though the funds were made available to the State of Rajasthan by the Government of India in the year 2018, the upgradation of CETP has not been even started though more than two years have passed thereafter and after more than three years of the order of this Tribunal. Only progress is said to be acquisition of land which by itself is not a solution of the problem. When a serious situation of water pollution has been found and directions issued by this Tribunal in the year 2017 and inspite of funds being available, the problem remains untackled, it may be a clear case of 26 failure of the authorities to perform their duties, to the detriment of the citizens for which accountability needs to be fixed.
13. Accordingly, while directing the State of Rajasthan and its authorities to take prompt emergency measures in the matter for compliance of rule of law and protection of public health and the environment, we direct the CPCB to assess compensation for the damage caused to the environment so far, after giving due opportunity to the representatives of the State of Rajasthan and its authorities and also to the representatives of State of Haryana and undertaking site visit, if necessary. This process may be completed within three months. The status of compliance as on 30.04.2021 may be verified by the joint Committee and report furnished by 15.05.2021 by e-mail with a copy to the States of Rajasthan and Haryana to enable them to file their response, if any, before the next date. While verifying the compliance, status of member unit in meeting the PETP norms/standards may also be verified and the mechanism setup for regular monitoring. In view of continuing violation of law inspite of repeated orders of this Tribunal and the funds allotted by the Central Government more than two years ago, the Chairman, Rajasthan State PCB and MD, RIICO may remain present in person by video conference on the next date with their version so that final responsibility for the failure can be fixed in the light of status of compliance on the next date.
List for further consideration on 28.05.2021.
A copy of this order be forwarded to the CPCB, States of Haryana and Rajasthan, Rajasthan SPCB and MD, RIICO by e-mail for compliance.
Adarsh Kumar Goel, CP 27 S.K. Singh, JM Dr. Nagin Nanda, EM February 04, 2021 Execution Application No. 42/2019 IN Original Application No. 124/2015 (M.A. No. 72/2020) DV 28