National Green Tribunal
Prakash Yadav vs State Of Haryana on 24 April, 2023
Item No.04 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid Option)
Original Application No. 627/2022
Prakash Yadav ...Applicant
Versus
State of Haryana ...Respondent
Date of hearing: 24.04.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. S.A Zaidi and Ms. Mansi Chahal, Advocates.
Respondent: Mr. Lokesh Sinhal, Senior, AAG and Mr. Hemant Gupta,
AAG, Haryana for respondent no. 1,4, 6 and 8.
Mr. Rahul Khurana, Advocate for respondent no. 2, 3 and
7.
Mr. A.K. Singh, ACS, PHED, Mr. Pankaj Agrawal,
Commissioner cum Secretary, Irrigation and Mr. Satbir
Kadyan, Engineer in Chief, Irrigation Department (through
VC).
Mohd. Imran Raja, DC, Rewari, Mr. Ravinder Pal, SE,
Irrigation, Mr. H.P. Bansal, DDPO, Rewari, Mr. Satish
Rathee, SE, PHED, Rewari, Mr. Ravidnder, EE, PHED. Mr.
Anil, EE, HSVP, Rewari and Mr. Vinod Baliyan, Regional
Officer, HSPCB.
Application is registered based on a Letter Petition received by Email
ORDER
1. The applicant Prakash Yadav, son of Fateh Singh resident of village and post office Kharkhara, District Rewari, Haryana has sent the present letter petition by Email, which has been treated as Original Application, with O. A. No. 627/2022 Prakash Yadav & Ors. Vs. State of Haryana & Ors. -2- the prayer for issuance of direction to stop discharge of sewage in Sahibi river barrage.
2. The applicant has submitted that sewage from various STPs established in District Rewari is being discharged in hundreds of acres of vacant land of Sahibi river situated near village Kharkhara, Khaliawas on Delhi Jaipur National Highway. The consequent water logging has contaminated groundwater and, therefore, the contaminated water which comes out of the hand pumps and tubewells gives foul smell. The stagnated sewage has also destroyed trees and other vegetation in the above said land which will also become infertile if no action is taken to prevent such discharge of sewage. Due to drinking of contaminated ground water residents of village Kharkhara, Khaliawas, Bhatsana, Tatarroop, Nikhri, Masani, Rasgan, Dungerwas, Titherpur, Alawalpur and Dharuhera etc. have become vulnerable to pandemic/water born diseases.
3. Vide order dated 30.09.202, this Tribunal ordered issuance of notice to State of Haryana through its Chief Secretary, Government of Haryana, HSPCB, Commissioner, Municipal Corporation, Rewari, and District Magistrate and subsequently vide order dated 18.01.2023, this Tribunal ordered issuance of notice to Principal Secretary, Irrigation and Water Resource Department, Government of Haryana, Principal Secretary, Public Health Department, Government of Haryana, HSVP, and DDPO, Rewari.
4. Pursuant to service of notice, replies have been filed by respondent no. 2 vide separate emails dated 28.03.2023 and 22.04.2023, by respondent no. 4 vide separate emails dated 28.03.2023 and 23.04.2023 , by respondent no. 5 vide email dated 22.04.2023, by respondent no. 6 vide separated emails dated 28.03.2023 and 23.04.2023, by respondent no. 7 vide email dated 28.03.2023 and by respondents no. 8 vide separate emails dated O. A. No. 627/2022 Prakash Yadav & Ors. Vs. State of Haryana & Ors. -3- 27.03.2023.
5. Vide order dated 30.09.2022, this Tribunal constituted a Joint Committee comprising of representatives of HSPCB, Commissioner, Municipal Corporation, Rewari and District Magistrate, Rewari and direct the same to submit its report within one month.
6. In compliance thereof report of the Joint Committee has been filed vide email dated 20.12.2022. We have gone through the Joint Committee report. The Joint Committee visited the site along with complainant Sh. Parkash Yadav S/o Sh. Fateh Singh, VPO Kharkhara on 25.11.2022. During inspection, the Joint Committee collected the samples at the following locations:-
i) 3 points nearby Mansani Barrage
ii) Outlet of pipeline carrying effluent of Rewari City in LBS
channel, Village Jarthal.
iii) Outlet of 9.5 MLD, STP, PHED, Village Kharkhara,
Dharuhera.
iv) Outlet of 5 MLD STP, HSVP, Dharuhera.
v) Outlet of 16 MLD, STP, PHED, Nasiaji Road, Rewari
vi) Outlet of 08 MLD, STP, PHED, Nasiaji Road, Rewari
vii) Outlet of 6.5 MLD, STP, PHED, Village Kaluwas, Rewari
viii) Outlet of 3.5 MLD, STP, PHED, Bawal
The Joint Committee observed that 03 Nos. of STPs i.e. i) 5 MLD STP, HSVP, Dharuhera, ii) 9.5 MLD, STP, PHED, Village Kharkhara, Dharuhera,
iii) 3.5 MLD, STP, PHED, Bawal having discharge after treatment into Masani Barrage through pipe lines laid for discharge and 03 Nos. of STPs i.e.
i) 16 MLD, STP, PHED, Nasiaji Road, Rewari, ii) 08 MLD, STP, PHED, Nasiaji Road, Rewari and 6.5 MLD, STP, PHED, Village Kaluwas, Rewari are having discharge into Lal Bahadur Shastri (LBS) recharge channel at Village Jharthal, Rewari after treatment ultimately leading to Masani Barrage. The Joint Committee observed that Masani Barrage is having water accumulation from different sources i.e. Rain Water, Canal Water of O. A. No. 627/2022 Prakash Yadav & Ors. Vs. State of Haryana & Ors. -4- Irrigation Department and Treated Effluent from STPs of PHED and HSVP of District Rewari. In its report, the Joint Committee noticed and quoted the Analysis Reports received from HSPCB laboratory at Faridabad and has recorded its findings, given action taken report and made its recommendations which are reproduced as under:-
"3. Findings I. the Analysis Reports suggest that the various parameters of effluent from outlet of 05 No. STPs operated by Public Health Engineering Department, Rewari and 01 No. of STP operated by Haryana Sahari Vikas Pradhikaran (HSVP), Rewari and 01 No of point of discharge at outlet of pipeline carrying sewage effluent of Rewari City into LBS channel, Village Jarthal are not as per standards fixed by HSPCB vide letter dated 02.07.2020.
II. The parameters of effluent collected from 03 No. of locations from Masani Barrage are within the prescribed limits as per schedule-VI under the Environment (Protection) Rules, 1986."
4. ACTION TAKEN REPORT The Joint Committee during inspection collected the samples from inlet and outlet of STPs and as per Analysis Report from Board Laboratory at Faridabad, parameters are found exceeding the prescribed limits. Regional Office, HSPCB, Dharuhera has filed prosecution against 04 Nos. of STPs for sample exceeding prescribed limits i.e. a) 16 MLD, PHED, Nasaiji Road, Rewari b) 8 MLD, PHED, Nasaiji Road, Rewari c) 6.5 MLD, PHED, Village Kaluwas, Rewari d)9.5 MLD, PHED, Kharkhara. The filing of prosecution against 02 Nos. STPs are under process i.e. a) 5 MLD, STP, HSVP, Dharuhera, Rewari and b) 3.5 MLD, PHED, Bawal, Rewari and for the violations, Regional Office, Dharuhera has sent the recommendation to head office for imposition of Environment Compensation against 06 Nos of STPs for violation. The Recommendations made by the Joint Committee in its report are reproduced as under :-
5. RECOMMENDATIONS OF THE COMMITTEE Based upon the above report:-
i) Public Health Engineering Department (PHED), Rewari and Haryana Sahari Vikas Pradhikaran (HSVP), Rewari need to upgrade/improve the functioning of STPs under their control and to maintain Sewage/Effluent Discharge Standards for Sewage Treatment Plant as circulated by Haryana State Pollution Control Board vide letter dated 02.07.2020.
O. A. No. 627/2022 Prakash Yadav & Ors. Vs. State of Haryana & Ors. -5-
ii) There should be regular cleaning of Masani Barrage and Lal Bahadur Shastri (LBS) Recharge Channel by Irrigation Department, Rewari.
iii) Public Health Engineering Department, Rewari and Irrigation department should monitor the quality of the effluent fortnightly, coming from 03 Nos. of STPs of city Rewari for discharge point at Vill.- Jarthal into LBS Recharge Channel to keep the various parameters of effluent within prescribed limits.
iv) Public Health Engineering Department, Rewari and Irrigation Department, Rewari should keep strict vigil on the water level of Masani Barrage so that water should not enter into the fields of nearby villages. Both departments should address the grievance of the nearby villages.
v) Forest Department should plant trees around Masani Barrage in coordination with Irrigation Department, Rewari.
vi) Public Health Engineering Department, Rewari should supply the potable drinking water after proper treatment in the villages - Kharkhara, Khaliawas, Bhatsana, Tatarpur, Nikhri, Masani, Rasgan, Dungarwas, Tittarpur, Alwalpur and Dharuhera."
7. Vide order dated 29.03.2023, personal appearance of Principal Secretaries, Irrigation Department and Public Health Department, Government of Haryana through VC and the Regional Officer, HSPCB, the DDPO, Rewari, the District Magistrate Rewari and the Superintending Engineers, Irrigation Department and Public Health Engineering Department, Government of Haryana physically before this Tribunal was ordered.
8. In compliance thereof Mr. A.K. Singh, ACS, PHED, Mr. Pankaj Agrawal, Commissioner cum Secretary, Irrigation and Mr. Satbir Kadyan, Engineer in Chief, Irrigation Department have appeared through VC and Mohd. Imran Raja, DC, Rewari, Mr. Ravinder Pal, SE, Irrigation, Mr. H.P. Bansal, DDPO, Rewari, Mr. Satish Rathee, SE, PHED, Rewari, Mr. Ravidnder, EE, PHED. Mr. Anil, EE, HSVP, Rewari and Mr. Vinod Baliyan, Regional Officer, HSPCB have appeared physically before this Tribunal and we have interacted with them.
9. In view of the averments made in the application and observations made in the report of the Joint Committee the case involves environmental O. A. No. 627/2022 Prakash Yadav & Ors. Vs. State of Haryana & Ors. -6- questions relating to (i) supply of drinking water to the surrounding villages, (ii) cleaning of LBS Recharging Channel and Masani Barrage,
(iii) compliance with environmental norms by STPs, (iv) reuse of treated sewage, (v) treatment of industrial effluents and (vi) rejuvenation of River Sahibi.
(i) DRINKING WATER SUPPLY TO THE VILLAGES
10. In replies dated 21.04.2023 and 23.04.2023 filed by respondent no. 2-HSPCB and respondent no. 6-PHED respectively, it has been mentioned that the water samples collected from various locations by Joint Committee on 08.04.2023 & 19.04.203 were sent to State Water Testing Lab, at Karnal (NABL Acreditated) and District PHED Lab Gurugram (NABL Accredited) respectively. As per the Analysis Report dated 13.04.2023 and 21.04.2023 of drinking water from various sources i.e. handpumps borewells of villages Kharkhara, Khaliyawas, Bhatsana, Tatarpur Khalsa, Nikhri, Masani, Rasgan, Dungarwas, Titarpur, Alawalpur suggests that except Tubewell no. 07 Village-Masani and Tubewell no. 1 Village - Titarpur drinking water is potable and usable for drinking. In his reply filed on behalf of respondent no. 6, Executive Engineer, Public Health Engineering Division, Bawal, Rewari has submitted regarding supply of drinking water in the above mentioned villages as under:-
"The potable water is being supplied in these villages by PHED
- DDPO Rewari. The Joint Committee during the inspection collected the samples on 08.04.2023 & 19.04.2023 of tubewells installed in the villages - Kharkhara, Khaliawas, Bhatsana, Tatarpur Khalsa, Nikhri, Massani, Rasgan, Dungarwas, Titarpur, Alwalpur and Dharuhera and were sent to State Water Testing Lab (NABL Accredited) at Karnal and District PHED Lab Gurugram (NABL Accredited) respectively. From the analysis reports received from the State Lab it is observed that water is potable in tubewells and the parameters of potability of water are within the prescribed limit as per Indian Standard Code: 10500 (2012) - Drinking Water - Specification (Second Revision) except Tubewell no. 7 at PHE Store Massani and O. A. No. 627/2022 Prakash Yadav & Ors. Vs. State of Haryana & Ors.-7-
Titarpur Tubewell. The Tubewell no. 7 and Tubewell at Titarpur appear Brackish Water (More salty than freshwater) due to increasing of total dissolved solid (TDS) of underground water which are not used to supply water.
The water supply in Titarpur village is being maintained from tubewell no. 1, 2, 3 & 8 near NH-71 of since 2 years. The results of samples taken from Tubewell no. 7 and Tubewell at Titarpur are not corresponding to water collected at Massani Barrage (distance is 1.34 km & 1.66 km respectively). The samples collected from Handpump & 02 no. private tubewell of village Kharkhara as selected by the applicant/complainant (at distance of 150 meter from water accumulated at Masani Barrage) are within prescribed limits. Further opinion has been taken from Chief Chemist of State Lab (attached as Annexure R
- 7.1 to 7.3) to know the effect on the accumulated water in Massani barrage in these tubewells. As per opinion of the Chief Chemist "there is no effect/ influence of water accumulated at Massani barrage on these water sources".
The Joint Committee observed that water supply in Dharuhera Town is being supplied through Canal Based Water Supply Scheme and there is no Tubewell source to supply water in Dharuhera Town. Hence samples of Dharuhera Town were not collected being canal based water supply system.
The joint committee submitted the report to Deputy Commissioner, Rewari on dated 21.04.2023 that the drinking water supplied by the Public Health Engineering Department is potable and useable for drinking."
11. Respondents no. 6 is directed to get samples of drinking water from all relevant locations collected and tested quarterly for ensuring due compliance with environmental norms regarding supply of potable drinking water to above mentioned surrounding villages.
(ii) CLEANING OF LBS RECHARGING CHANNEL AND MASANI BARRAGE
12. In the reply filed by Superintending Engineer JLN Circle, Irrigation and Water Resources, Department Rewari on behalf of respondent no. 5 Principal Secretary Irrigation and Water Resources Department, Government of Haryana it has been submitted that respondent no. 5 has set up the LBS Recharging Channel located at village Jharthal for the purpose of discharging of excess canal water and rain water into the O. A. No. 627/2022 Prakash Yadav & Ors. Vs. State of Haryana & Ors. -8- Masani Barrage through separate line, but no sewage or effluents from any STPs in question is discharged into the LBS Recharging Channel. LBS Recharging Channel has been regularly cleaned annually by respondent no. 5 before the rainy season and LBS Recharging Channel will also be cleaned by respondent no. 5 by the 30.6.2023 just before coming of the rainy season of this year. Cleaning of the Masani Barrage is not feasible because the water in Masani Barrage is spread over hundreds of Acres of land having average depth of 4 feet. It is not possible to set up any cleaning machine for such vast area.
13. The aspect of remedial measures which can be taken for cleaning of the Masani Barrage needs to be considered by respondent no. 5 and additional reply be filed regarding remedial measures which can be taken for this purpose.
(iii) COMPLIANCE WITH ENVIRONMENTAL NORMS BY STPs
14. In compliance of order dated 29.03.2023 passed by this Tribunal the Joint Committee constituted by the Deputy Commissioner, Rewari vide order dated 14.11.2022 made visits on 08.04.2023 and 13.04.2023 and got the samples collected from the STPs of the following locations:-
1. Outlet of 9.5 LD, STP, PHED, Village Kharkhara, Dharuhera.
2. Outlet of 5 MLD STP, HSVP, Dharuhera.
3. Outlet of 16 MLD, STP, PHED, Nasiaji Road, Rewari.
4. Outlet of 8 MLD, STP, PHED, Nasiaji Road, Rewari.
5. Outlet of 6.5 MLD, STP, PHED, Village Kaluwas, Rewari.
6. Masani Barrage, view point, NH-8, Dharuhera, Rewari.
The Joint Committee observed that 01 no. of STP i.e. 3 MLD STP, PHED Bawal is under up-gradation. The Joint Committee referred to Analysis Report received from HSPCB Laboratory at Faridabad and O. A. No. 627/2022 Prakash Yadav & Ors. Vs. State of Haryana & Ors. -9- recorded its findings and conclusions as under:-
"FINDINGS
1. The Analysis Report dated 17.04.2023 and 21.04.2023 from the treated effluents from STPs suggests that the, A) There is continuous improvements in operation and functioning of i) 05 MLD STP, HSVP, Dharuhera ii) 16MLD STP, Nasiaji Road, PHED, Rewari iii) 8MLD STP, Nasiaji Road PHED, Rewari. As per Analysis Report dated 21.04.2023, parameters of treated effluents are within prescribed norms. B) There is slight improvement in operation and functioning of i) 9.5 MLD, STP, PHED, Kharkhara, Dharuhera ii) 6.5 MLD, STP,PHED, Kaluwas, Rewari. However, as per Analysis Report dated 17.04.2023 and 2104.2023 parameters are still exceeding the prescribed norms.
II. The Analysis Report dated 13.04.2023 and 21.04.2023 of drinking water from various sources i.e. Handpumps, Borewells of villages - Kharkhara, Khaliyawas, Bhatsana, Tatarpur Khalsa, Nikhri, Masani, Rasgan, Dungarwas, Titarpur, Alawalpur suggests that except Tubewell No. 07, Village - Masani and Tubewell No. 1, Village - Titarpur, drinking water is potable and usable for drinking.
III. The parameters of effluent collected view point, Masani Barrage, NH-8, Dharuhera is within the prescribed limits as per schedule-VI under the Environment (Protection) Rules, 1986. 4 Conclusion
i) Public Health Engineering Department (PHED), Rewari need to upgrade/improve the functioning of 2 Nos. of STPs i.e. i) 9.5 MLD, STP, PHED, Village - Kharakhara ii) 6.5 MLD, STP,PHED, Village - Kit.vyt.icu , Rewari and to maintain Sewage/Effluent Discharge Standards for Sewage Treatment Plant as circulated by Haryana State Pollution Control Board vide letter dated 02.07.2020.
ii) The drinking water supplied by the Public Health Engineering Department from various sources i.e. Handpumps, Borewells to the villages - Kharkhara, Khaliyawas, Bhatsana, Tatarpur Khalsa, Nikhri, Masani, Rasgan, Dungarwas, Titarpur, Alawalpur is potable and usable for drinking except Tubewell No. 07, Village - Masani and Tubewell No. 1, Village - Titarpur, drinking water."
15. Respondents no. 5 and 7 are directed to file additional replies specifically giving all requisite details for upgradation of the STPs/remediation of the deficiencies in their functioning so as to make the O. A. No. 627/2022 Prakash Yadav & Ors. Vs. State of Haryana & Ors. -10- functioning of the STPs fully compliant with the prescribed environmental norms.
(iv) RE-USE OF TREATED EFFLUENTS BY EXECUTIVE ENGINEER, PUBLIC HEALTH ENGINEERING DIVISION NO.1 REWARI.
16. In his reply filed on behalf of respondent no. 6, Executive Engineer, Public Health Engineering Division No.1 Rewari has submitted regarding reuse of treated effluents as under:-
"RE-USE OF TREATED EFFLUENTS BY EXECUTIVE ENGINEER, PUBLIC HEALTH ENGINEERING DIVISION NO.1 REWARI
17. That the Executive Engineer, Public Health Engineering Division No.1 Rewari also finding out the feasibility of Re-use of treated effluents for agriculture purpose surrounding the Rewari Town. The During the tracing the feasibility of Re-use of treated effluents , farmer showing interest for re-use of treated water , then officers and officials of Departments are given the counseling at grounds at various place in field (Annexure-19) and explained the nutrition value of Treated effluents for agriculture. After that various farmers are visited the Sewerage Treatment Plants (Annexure -20) and farmers are agreed to re- use of Treated effluents of Sewerage treatment plants. Now Department are finding out the feasibility of Re-use of treated effluents for agriculture purpose and taking consents from farmers. As on today Executive Engineer, Public Health Engineering Division No.1 Rewari took 580 Acres land consents from farmers for Re-use of Treated effluents. After complete consent received, Executive Engineer, Public Health Engineering Division No.1 Rewari will submitting Estimate (Tentative cost Amounting to Rs. 6200/- Lacs) of Re-use of Treated effluent in upcoming month and project will be taken in hand after Technically approval as well as Administrative approval from Govt. and after that work will be commissioned within 730 days positively."
17. In reply filed on behalf of respondent no. 6 it has been mentioned that as per Joint Committee Report, the accumulated treated effluents at Massani Barrage was found within prescribed limits as per provision of the Environmental (Protection) Act, 1986 and suitable for land surface as well as for irrigation purpose. During visit to accumulated water at Massani Barrage in month of April, 2023, the Joint Committee found the evidence of O. A. No. 627/2022 Prakash Yadav & Ors. Vs. State of Haryana & Ors. -11- aquatic life like Indian Major Carps (IMC) fish, Catfish, Birds and green trees in the vicinity of Massani Barrage were also found.
18. The Joint Committee has in its report recommended that Public Health Engineering Department, Rewari and Irrigation Department, Rewari should keep strict vigil on the water level of Massani Barrage so that water should not enter into the fields of nearby villages and both the Departments should address the grievance of the nearby villages. In reply filed on behalf of respondent no. 6 it has been mentioned that the water level of Massani Barrage is much lower than nearby fields and it has never entered into the nearby fields. However, Public Health Engineering Department has undertaken to coordinate with Irrigation Department Officers and to keep strict vigil.
19. The Irrigation Department of Government of Haryana may formulat a Lift Irrigation Scheme for the utilization of treated sewage/rain/canal water accumulated in the Massani Barrage for irrigation of agricultural land. The Irrigation Department may also explore possibility to use sprinklers in bringing more area under the command of irrigation. Till such time the Lift Irrigation Scheme is formulated and executed, the farmers may be permitted to lift treated sewage/rain/canal water accumulated in the Massani Barrage for irrigation of their land by use of water lifting pumps.
20. The respondents no. 5 is directed to file additional reply detailing Action Plan for use of treated sewage water for irrigation of agricultural land as referred to above.
(v) TREATMENT OF INDUSTRIAL EFFLUENTS.
21. In reply dated 23.04.2023 filed on behalf of respondent no. 6, it has been mentioned that the Public Health Engineering Department visited in O. A. No. 627/2022 Prakash Yadav & Ors. Vs. State of Haryana & Ors. -12- town and it has been observed that some industrial activities are found and their effluents are unauthorized released in domestic sewer. The unauthorized released effluents are coming to STPs and affecting the functionality of STPs along with standard parameters of treatment. The traced mixing points of industrial effluent have been disconnected & issued the notice to such industrial units by the Public Health Engineering Department and where untraced, the notice has also been issued to those industries to explain where the effluents of their units are being discharged. Now Public Health Engineering Department and Haryana Pollution Control Board Dharuhera are jointly making efforts to stop the untraced mixing points of industrial effluent into domestic sewer on wider aspect.
22. The respondents no. 3 to 8 are directed to carry out the requisite inspection of all concerned industrial units regarding installation of ETPs/CETPs and take remedial measures in case of violations for ensuring
(i) that industrial effluents are treated and reused for purposes as permissible in accordance with the directions issued by this Tribunal and
(ii) that untreated industrial effluents are not discharge in municipal sewer and Action Taken Report in this regard be filed by respondent no. 2 HSPCB after obtaining and compiling the requisite information.
(vi) REJUVENATION OF SAHIBI RIVER.
23. According to information available in public domain, Sahibi river, also called the Sabi River originates from eastern slopes of Aravali hill range in District Sikar of Rajasthan. The Sahibi, is an ephemeral, rain-fed river flowing through Rajasthan, Haryana and Delhi into Yamuna. The catchment area of the Sahibi River encompasses the following cities and towns: Sikar, Jaipur, and Alwar in northeastern Rajasthan State; Bawal, Rewari, Pataudi, and Jhajjar district in southern Haryana state; and Union O. A. No. 627/2022 Prakash Yadav & Ors. Vs. State of Haryana & Ors. -13- Territory of Delhi where it flows through its channeled course called the Najafgarh drain. Prior to 1960, the rain-fed Sahibi River entered Delhi near Dhansa and spilled its overflow in the Najafgarh Lake (Jheel) basin, creating a seasonal lake which was later channelised by digging a wide drain connecting it to the Yamuna River, completely draining the seasonal Najafgarh Jheel. The Sahibi River flooded in 1977. In response, the Masani barrage was constructed on Delhi-Jaipur highway near Masani village in District Rewari. Several smaller dams have also been constructed throughout the hills of Rajasthan to store rainwater. The construction of dams has restricted the flow of water on the Sahibi River and it is now stated to be rare for water overflow from monsoon rains to reach up the Masani Barrage. Entire 100 km stretch of Sahibi river and its streams in Haryana are now stated to be ecologically dead. Gurugram also dumps polluted discharge in the riverbed of Sahibi. The current and paleochannels of Sahibi river have several important wetlands that lie in series, including the Masani barrage wetland, Matanhail forest, Chhuchhakwas-Godhari, Khaparwas Wildlife Sanctuary, Bhindawas Wildlife Sanctuary, Outfall Drain Number 6 (canalised portion in Haryana of Sahibii river), Outfall Drain Number 8 (canalised portion in Haryana of Dohan river which is a tributary of Sahibi river), Sarbashirpur, Sultanpur National Park, Basai Wetland, Najafgarh lake and Najafgarh drain bird sanctuary, and The Lost lake of Gurugram, all of which are home to endangered and migratory birds, yet largely remain unprotected under extreme threat from the colonisers and builders.
24. In O.A No. 470/2022 titled as Rao Satvir Singh & Anr. Vs. Union of India & Ors., the applicant raised grievance regarding discharge of Gurugram sewage and industrial waste in Sahibi River and causing of pollution of Najafgarh Jheel and this Tribunal considered the matter vide O. A. No. 627/2022 Prakash Yadav & Ors. Vs. State of Haryana & Ors. -14- orders dated 13.07.2022, 30.11.2022 and 16.02.2023 but the matter of rejuvenation of Sahibi River in the State of Haryana was not specifically dealt with in that case.
25. In view of the facts and circumstances of the case we consider it to be essential to widen the scope of the present proceedings for remediation of the environmental issues arising in the case.
26. Since Sahibi River is an Inter-State River involving three States namely Rajasthan, Haryana and Delhi. We are of the opinion that all concerned Departments of the above said States must coordinate and cooperate for rejuvenation of Sahibi River so that catchment area of river is harnessed and minimum e-flow is maintained in the River to restore its ecology and aquatic life.
27. The identification/demarcation of area of Sahibi River and restoration/management of its catchment area and removal of encroachments if any is also urgent need of the hour and the State of Haryana and its instrumentalities, must take appropriate remedial measures in this regard for restoration and rejuvenation of Sahibi River.
28. Respondent no. 5 is directed to file additional reply detailing the steps taken and Action Plan for steps to be taken in this regard.
29. In view of the facts and circumstances of the case, we consider the presence of the State of Rajasthan through Chief Secretary Government of Rajasthan, NCT of Delhi through Chief Secretary, Government of NCT of Delhi, the Ministry of Jal Shakti and the Central Water Commission to be essential for just and proper adjudication of the questions involved and they are impleaded as respondents no. 9 to 12. The Registry is directed to O. A. No. 627/2022 Prakash Yadav & Ors. Vs. State of Haryana & Ors. -15- amend the memo of parties to the application. Notices be issued to newly impleaded respondents no. 9 to 12 requiring them to file their reply/response.
30. Additional replies by respondents no. 1 to 8 and replies/response by respondents no. 9 to 12 be filed within two months at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
31. List the matter for further consideration on 20.09.2023.
32. A copy of this order be sent to the applicant and all the respondents by email for information/compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM April 24 2023 AG