National Green Tribunal
Mr Sachin Dave vs Union Of India on 10 October, 2023
Item No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.25/2023(CZ)
(I.A.No.73/2023)
Sachin Dave Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of Completion of Hearing and Reserving of Order : 04.10.2023
Date of Uploading of Order on the Website : 10.10.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD EXPERT MEMBER
For Applicant(s): None
For Respondent(s) : Mr. Prashant M. Harne, Adv.
Mr. Mehul Bhardwaj, Adv.
Ms. Parul Bhadoria, Adv.
Mr. Yadvendra Yadav, Adv.
Mr. Tarunesh Kumar, Adv Commissioner
Mr. Ashish Singh, Adv Commissioner
Mr. Kumar Purushottam, DM Ujjain
Mr. Narendra Kumar Suryavanshi, DM
Ratlam
Mr. Rishav Gupta, Collector, Dewas
Mr. Rahul Khurana, Adv. Commissioner
Mr. Hasil Jain, Adv. Commissioner
ORDER
गंगा स ंधु रस्वती च यमुना गोदावरी नममदा कावेरी रयू महे न्द्रतनया चममण्यवती वेसदका। सिप्रा वेत्रवती महा ुरनदी ख्याता जया गण्डकी पूरामाः पूरमजलाः मुद्र सहतााः कुवमन्तु मे मंगलम् ।।
1. The holy River Kshipra is considered a sacred river in Madhya Pradesh's Malwa region, the word Shipra is used as a symbol of "purity"(of soul, emotions, body etc.) or "chastity" or "clarity". River Kshipra is tributary to River Chambal and River Chambal is a tributary to River Yamuna and Yamuna is an indirect Tributary to 1 River Ganga and since, River Kshipra is a tributary to Chambal, Chambal to Yamuna and thereafter Yamuna to Ganga therefore, it is covered under the flagship project of Ganga rejuvenation Plan and a major source of Pollution of River Ganga. It will be also noteworthy to mention over here that even after commissioning of link project between Narmada and Kshipra the continuous e-flow of the water in River Kshipra is not maintained.
2. A religious and legendary significance of river kshipra is available on public domain which we quote as available " The Shipra, also known as the Kshipra, is a river in Madhya Pradesh state of central India. The river rises in the kakri bardi hills Vindhya Range north of Dhar, and flows north across the Malwa Plateau to join the Chambal River. It is one of the sacred rivers in Hinduism. There are hundreds of Hindu shrines along the banks of the river Shipra. It is a perennial river and is considered as sacred as the Ganga River by the Hindus.
Legend has it that once Lord Shiva went begging for alms, using the skull of Lord Brahma as the begging bowl. Nowhere in the three worlds did he manage to get any alms. Ultimately, he went to Vaikunth, the abode of Lord Vishnu and asked Lord Vishnu for alms. In return, Lord Vishnu showed Lord Shiva his index finger, which enraged the latter. Lord Shiva took out his trishul and cut Lord Vishnu's fingers. Vishnu's fingers began to bleed profusely and the blood accumulated in Brahma's skull and soon overflowed from it. The flow became a stream and finally a river "The Shipra".
The Puranas or ancient Hindu texts also put forward that the Shipra originated from the heart of Varaha, Lord Vishnu's incarnation as a boar. Also on the banks of the Shipra is Sage Sandipani's ashram or hermitage where Krishna, Lord Vishnu's eighth incarnation, had studied.
2Religious significance of river Shipra Religious Significance of Shipra River Ujjain is in Malwa region. The holy city of Ujjain is located on the right bank of the Shipra River. The famous Kumbha Mela takes place in the ghats of this city, once every 12 years, a yearly celebration of the river goddess Kshipra. There are hundreds of Hindu shrines along the banks of the Shipra River.
The Shipra River is one of the sacred rivers in India. It finds mention not only in ancient Hindu texts, but also in Buddhist and Jain scriptures. Every evening "Shipra Aarti", the offering of lit oil lamps to the river takes place. This was popular with the pilgrims.
Thousands of small lamps are set afloat on the river on rafts of leaves and flowers. It is believed that the north-bound Shipra takes these offerings to the abode of Lord Siva in the Himalayas.
Devotees come here with the belief that a dip in the river washes away their sins. All pilgrims take a ritual dip in the river before heading to Sabarimala. Pilgrims also perform 'pitru tarpanam' (offering to ancestors) before starting the trek to the shrine. People also come here to perform funeral rites for the departed souls. "
3. River Kshipra being the tributary to River Ganga has lost its purity. In the past few decades, this perennial River Kshipra has lost its glory, like many other rivers in India. The sewage of Ujjain city and the industrial waste around Dewas town find its way into the Kghipra.lts waters, which once quenched the city's thirst, aren't even fit for bathing any longer, but this doesn't stop people.
Due to excessive economic activities in and around the Kshipra river bed, the river flow has been severely affected. Industries, housing colonies and other economic activities have encroached the river bed. Over-exploitation of the river water and untreated waste from Ujjain, Dewas and lndore cities have not only affected 3 the quality of the river water but has aggravated the water crises in the region. River Kshipra is a small river supplying water to surrounding areas of the Ujjain District for domestic and industrial use. This very old river has been of a sacred importance and serves for holy dips on certain auspicious festivals like "Kumbh" etc. The main contamination of this sacred river is through the heavily polluted river Kan which joins it in Ujjain.
4. According to a report prepared by the Municipal Corporation of Ujjain, the city discharges 110 mld (million litres per day) into the river. While the city has several sewage water treatment plants with a total capacity of 92 MLD but there are still many nallahs which are directly linked to the river are discharging untreated water with the holy waters of Kshipra,
5. The rapid population growths, modern living patterns, wide spheres of huge activities and industrialization have resulted in greater demand for fresh water. At the same time, pollution of writer resources is increasing steadily. Deterioration of quality of fresh water has direct correlation with the quality of public health. It is an acknowledged fact that pollution of water supplies by sewage effluents has been still is a major cause of variety of diseases and discomforts.
6.` It is further submitted by the learned counsel for the applicant that one of the major causes of water pollution is discharge of non-
treated/partially treated municipal waste including sewage effluent of cities into river. In and around cities, surface water resources such as rivers, ponds and lakes where effluents are discharged from local bodies are highly polluted. Such discharge of human sewage and other pollutants results into deterioration in 4 chemical, physical and biological properties of water. All these processes lead to degradation of natural environment. As mentioned above the Article 243W of the Constitution vests Municipalities and local authorities with the performance of functions and implementation of schemes as may be entrusted to them including those in relation to the matters listed in Twelflh Schedule. Item 6 of the Twelfth Schedule includes the subject "public health, sanitation conservancy and solid waste management". This duty has been emphasized in the case of Paryavaran Suraksha Samiti v. Union of India, (2017) 5 SCC 326 which mandates establishment and functioning of requisite ETPs/CETPs/STPs by 31.03.2018 and in default, to take coercive measures where it was held :
"Given the responsibility vested in municipalities ringlet Article 243-W of the Constitution, as also, in item 6 of Schedule XII, Wherein the aforesaid obligation, pointedly extends to "public health, sanitation conservancy and solid waste management ", we are of the view that the onus fo operate the existing common effluent treatment plants, rests on municipalities (and/or local bodies). Given the aforesaid responsibility, the municipalities (and/or local bodies) concerned, cannot be permitted to shy away from discharging this onerous dug!. In case there are further financial constraints, the remedy lies in Articles 243-X and 243-Y of the Constitution. "It will be open to the municipalities (and/or local bodies) concerned, to evolve norms to recover funds, for the purpose of generating finance to install and run all the "common effluent treatment plants", within the purview of the provisions referred to herein above. Needless to mention that such norms as may be evolved for generating financial resources, may include all or any of the commercial, industrial and domestic beneficiaries, of the facility. The process of evolving the above norms, shall be supervised by the State Government (Union Territory) concerned, through the Secretaries, Urban Development and Local Bodies, 5 respectively (depending on the location of the respective common effluent treatment plant). The norms for generating funds for setting up and/or operating the "common effluent treatment plant" shall be finalised, on or before 31.03.2017, so as to be implemented with effect from the next financial year. In case, such norms are riot in place, before the commencement of the next financial year, the State Governments (or the Union Territories) concerned, shall cater to the financial requirements, of running the "common effluent treatment plants ', which are presently dysfunctional, from their own financial resources."
7. This Tribunal constituted a committee to submit factual and action taken report and directed respondents to submit reply. It has been narrated that the water quality of intake is under "A"
category and stock dam is category "B". It is further stated that there are no encroachments found on river bed of river Kshipra and a minimum 15 meters distance of a highest flood level of river is maintained in accordance with Section 50 (B) of MP Bhoomi Vikas Rule, 2012. A total number of 163 industrial units are there whose waste water generation capacity is 3.1495 MLD and installed capacity of ETP is 4.390 MLD. MPPCB has again directed all the industrial units to install the ETP and Municipal Corporation Dewas has provided vehicles for door to door collections. At different points the quality of the water reported is "A , B & D" category.
8. The District Magistrate, Ujjain in a separate report has submitted the status as follow :
Discharge of Industrial Effluent , Municipal and Domestic sewage and the measures of treatment of such discharge undertaken by respective bodies, agencies or individuals 1- It is submitted that MP Pollution Control Board U ain, Municipal Corporation Ujjain, Nagar Parishad Mahidpur, Janpad Panchayat Ujjain, Janpad Panchayat Ghatiya & Janpad Panchayat Mahidpur 6 have submitted their repiy/information regarding the management of industrial effluent and domestic sewage/wastewater of Ujjain City, Nagar Palika Parishad Mahidpur, and the rural areas of Ujjain District. Copy of the reply is enclosed as per Annenifre- fl to 7 2- In Ujjain city there are 11 major nallha which carries domestic waste water / Sewerage from different places in Ujjain city flow towards Kehipra River. To prevent mixing of these Nallah water into Kshipra river they are intercepted, diverted & pumped to different sump well by Seven Sewerage Pumping stations . From these sump well domestic waste water pumped to Sewage Treatment Plant of capacity 83 MLD at Sadawal village where it is treated naturally. The treated water from sewage treatment plait is used in irrigation by farmers, for horticulture purpose in different garden of Ujjain city remaining treated water is discharged into Kahn river diversion pipe line.
There are two more pumping station namely Bherugarh Sewerage pump house - Capacity 5 MLD & Ayurvedic sewerage pump house --Capacity 5 MLD . From these two pump house domestic waste water is pumped to village Koluhkhedi.
3- Under the AHRUT Flexion Phase -1 (Re. 438. 10 Crore) is designed to collect sewage from households directly & the collected sewage is getting treated through 92.5 MLD STP at Surasa village it is under trial run. In this project the area towards Kshipra River from Shani Mandir to Mangalnath is covered. The Municipal Corporation Ujjain informed that the approximately 77 % of overall project work is completed 8s above scheme likely to be completed up to 31.12.2023.
4- In Ujjain city there are 54 no. of ward, under l phase of AMRUT Mission out of total wards 34 wards are fully covered, 11 wards partially covered and balance 9 wards will be covered in AMRUT Phase - 2. for sewage work at Ujjain Rs 278 Cr. Has been proposed and preparation of DPR work is under progress.
5- To prevent the waste water from Piliya Khal Nallah & Bhcravgarh Ujjain mixing of to River Kshipra Central government approved NMCG (Namami GangeJ Project worth Rs. 92.Z8 Crore has been sanctioned by NMCG Jal Shakti Mantralay Government of India New Delhi vide their letter no. 24/220 dated 03-05-2023. The tendering process for the work is under process.
6- Kahn river water which carrier domestic waste water of Indore City & Sanwer Town due to over flow of Kahn river at Pipliya Raghov Stop Dam it mixes to Kehipra river in the upstream of Ujjain . Khan river diversion project had been implemented before Simhastba - 2016 7 to divert the Non - Monsoon flow in to the diversion channel. Monsoon flow always passes through Kahn river A non Monsoon flow is diverted through 17.50 km long diversion channel under gravity. The diversion channel consists one row of 2600 mm diameter RCC pipe. The discharging capacity of channel is 5 cumecs. The Project cost was of Ra 90 Crore which laid down between village Ragho Pipliya to Kaliyadeh Palace to keep Kshipra river free from pollution caused by Kahn river.
7- Water Resources Department proposed Kahn diversion closed duct project to prevent kahn river mixing to Kehipra River before Triveni sangam. The Kanh diversion closed duct project is proposed with Construction of new Gothda Stop dam on Koch River Tehsil - Ujjain, District
- Ujjain. By constructing new Gothda etop dam (gated control structure to divert the non monsoon-flow in to the closed duct. Monsoon flow always be passed through Khan river & non Monsoon flow will be diverted through 16.70 long closed duct under gravity. The closed duct consist 4.5 x 4.5 RCC, D- Shape section. The discharging capacity of duct will be 40 cumecs. The estimated cost of project work out to Ra. 569.84 Crore.
8- Nagar Palika Parishad Mahidpur distt. Ujjain has prepared liquid waste management aystem SBM - 2 through consultant Voyante Solutions Pvt. Ltd. This project has been recommended under Amrut 2.0 Yojana vide Municipal Council Sankalp no. 48 dated 16-12- 2022. DPR amount Rs. 895.65 lakhs (Including GST) has been sent to S.E. , Urban administration & development department for further recommendation to put up in SLTC.
9- In villages under Janpad Panchayat Ujjain , Ghatiya & Mahidpur septic tanks have been constructed for individual and community toilets .
10- There are two industrial area in Ujjain city namely industrial area Maxi Road and Industrial Area Dewas Road., Industries located io Ujjain generating industrial wastewater has installed Effluent treatment system in their own premises Treated water reuse in process and gardening within premises. None of these industries is allowed to discharge their effluent. 23 Hotels in Ujjain city obtained consent from M.P. Pollution Control Board.
11- Bulk drug manufacturing industry haa installed Multi effect evaporators to maintain zero discharge condition.
12- All industries which are generating industrial waste water have been directed as per consent condition to reuse the treated effluent and also directed for not to discharge any effluent on land or in Nallahs.
13- Regional Office , M.P. Pollution Control Board, Ujjain 8 regularly monitors water quality of River Kshipra at different locations in Ujjain district. Mostly the river Kehipra quality is found of Class 'D' Category as per IS 2296- 1982.
14- Ujjain Municipal Corporation has Sewage Treatment Plant of capacity 83 MLD at Sadawal village Ujjain. for treatment of domestic waste water of Ujjain city. Under the AMRUT Mission Phase -1 is designed to collect sewage from households directly & the collected sewage is getting treated through 92.5 MLD Sewage Treatment Plant at Surasa village it ie under trial run, the approximately 77 % of overall project work is completed. Similarly industrial units located in catchment of Kshipra river have installed treatment plants for treatment of industrial effluent Measures have been taken to prevent discharge into Kehipra river & Ujjain Municipal Corporation has proposed interception diversion & STP for Pillya Kha1 Nallah & Bhairavgarh Nallah under NMCG & sewerage work in remaining part of Ujjain City under AMRUT Phase - 2 . Similarly water resources department proposed Kahn diversion closed duct project to prevent Kahn river mixing to Kshipra River before Triveni sangam.
9. The District Magistrate Indore has submitted the separate status which is as follows :
A. Encroachment Status :
1. In para no. 3.30 (VI) of the application states that :
"As per Bhumi Vikas Niyam and the Master Plan applicable for River Kshipra is 33 meters from the edge of the River, there are encroachments upon the open space area."
In reference of above, this is submitted that higher flood plain zone of the River Kshipra has been demarcated by the. Water Resource Department at Mandkawada, Budi Barlai Galit & Chimli Barrage District Indore & information in this regard as submitted by Executive Engineer, Water Resource Department, Indore is enclosed as Annexure-1.As per information submitted there is no encroachment in River Kshipra in the District Indore. Information regarding no encroachment in the Kshipra River is received from SDM Sanwer & Khudel.
{B) Discharge of Industrial Effluents, Municipal and Domestic Sewage and the Measures of treatment of such discharge undertaken by respective bodies, agencies or individuals :
1. It is submitted that MP Pollution Control Board Indore, Municipal Corporation Indore, Nagar 9 Parishad Sanwer & Jila Panchyat Indore has submitted their reply/information regarding the management of industrial effluent and domestic sewage/wastewater of Indore City, Sanwer Nagar Parishad and the rural areas of Indore District.
2. Indore Municipal Corporation has installed 10 STPs (Total capacity 412.5 MLD) at different locations for the treatment of domestic wastewater and 1 no CSETP capacity 4 MLD (1 MLD industrial + 3 MLD domestic) for treatment of industrial wastewater. Indore Municipal Corporation Indore has proposed 10 more STPs at various locations for domestic wastewater treatment, 02 CETPs at Industrial Areas for industrial wastewater treatment and installation of sewer lines in various areas under Amrut-2 Yojna, Namami Gage Phase-1 & Namami Gauge Phase-2. STP near Sirpur lake work is under progress.
3. Nagar Parishad Sanwer has also proposed Sewerage Plan to prevent discharge of wastewater into Kanh River. DPR of Rs. 2167. 11 Lac. has been submitted for administrative and technical sanction.
4, In Rural area of District Indore, septic tanks have been constructed for individual and community toilets and FSTPs are available for treatment of sludge. Sludge cleaning vehicles have also been deployed. Plantation also done along Kshipra & Kanh River area.
5. Industries located in Indore which are generating industrial wastewater either has installed Effluent treatment system or sent their effluent to Common Effluent Treatment Plant (CETP) installed by Indore Municipal Corporation at Sanwer Road Industrial Area Indore. Some of the industries which have their own ETP also send their partially treated effluent to the CETP for further treatment. None of the industries are allow to discharge their effluent.
6. MP Pollution Control Board Indore has also directed H industries for installation of ETP and not discharge untreated effluent. If any industry found violation, Board has taken action against violated industry. Recently Board has closed 04 industries located at Palda, Indore those were found discharging untreated effluent in nallah.
7. Bulk Drugs Manufacturing Units/Active Pharmaceutical Ingredient (API) Units are not allowed to dispose their effluent to CETP also and they have installed Multi-Effect Evaporator (MEE) for disposal of wastewater to maintain zero liquid discharge (ZLD) outside premises.
8. Kanh River water quality is deteriorated within Indore City due to discharge of wastewater at some places. Indore Municipal Corporation has installed 10 10 STP's for treatment of domestic waste water of Indore city. Similarly industrial units located in catchment of Kanh & Kshipra river have treatment plants for treatment of industrial effluent & CSETP is also under operation. Measures have been taken to prevent discharge into Kanh river & IMC have proposed to install 10 more STPs & 2 CETPs for treatment of domestic & Industrial waste water for improvement in water quality of Kanh River.
10. Water Pollution Issue :
Ujjain District A) Status of domestic wastewater treatment and Action taken to prevent pollution in Kshipra River by Ujjain Municipal Corporation & other Govt. agency.
Ujjain Municipal Corporation Under Kshipra Shuddhikaran Yojna 11 major nallha which carries domestic waste water / Sewerage from different places in Ujjain city flows towards Kshipra river.
1- Nanakheda Nallah.
2- Hanuman Naka Nallah.
3- Shashtri Nagar Nallah.
4- Rajiv Nagar Nallah.
5- Bherugarh Nallah.
6- Siddhwat Nallah.
7- Indira Nagar Nallah.
8- Somwariya Nallah.
9- Hammalwadi Nallah.
10- Kartik Chowk Nallah 11- Rinmukteshwar Nallah To prevent mixing of these Nallah water into Kshipra river they are intercepted, diverted & pumped to different sump well by following Seven Sewerage Pumping stations :-
1- Rudra Sagar Sewarage pump house - 8 MLD 2- Ramghat Sewarage pump house - 8 MLD 3- Badnagar Bridge Sewarage pump house - 7 MLD 4- Chakrathirth sewerage pump house - 10 MLD 5- Juna Somwariya sewerage pump house - 10 MLD 6- MPS sewerage pump house - 25 MLD 7- IPS sewerage pump house- 15 MLD From these sump well domestic waste water pumped to sewage treatment plant of capacity 83 MLD at Sadawal village where it is treated naturally . The treated water from sewage treatment plant is used in irrigation by farmers, for horticulture purpose in different gardens of Ujjain city & remaining treated water is discharged into Kanh river diversion pipe line.11
There are two more pumping station namely Bherugarh Sewarage pump house - 5 MLD & Ayurvedic sewerage pump house - 5 MLD are established . From these two pump house domestic waste water is pumped to village Koluhkhedi.
The above scheme under Kshipra Shuddhikaran Yojna is applicable only in Non Monsoon Period. In Monsoon season generally all these 11 nallas confluence with river Kshipra..
Near the Sewage Treatment Plant at Sadawal village Fecal Sludge Treatment Plant (FSTP) of capacity - 50 KLD is in operation Under the Central government sponsored AMRUT YOUJNA Phase -1 (Rs. 438.10 Crore ) is designed to collect sewage from households directly & the collected sewage is getting treated through 92.5 MLD STP at Surasa village . It is in trial run. In this project the area towards Kshipra river from Shani Mandir to Mangalnath is included.
In the project length of sewer line network is about 420.14 K.M. while the length of trunk main is about 15.10 K.M. The Municipal Corporation Ujjain informed that the approximately 77 % of overall project work is completed & above scheme likely to be completed up to 31-12-2023.
The progress of aforesaid sewerage scheme is as under:-
S. No. Name of work Unit Qty. as Qty. Physical per BOQ Achieved progress In % 1 Trunk main Kilometer 15.10 14.50 96.02 2 Sewer Network Kilometer 420.14 257 61.19 3 House connection Kilometer 482.10 56 11.61 pipe 4 Road Restoration Kilometer 257 255 99.22 5 Sewarage Pumping Percentage 100 % 60 60 Station 6 Rising Main Kilometer 3.50 3.50 100 7 Sewerage Treatment Percentage 100 100 100 Plant 8 Main Hole Number 6152 6152 100 9 House Chamber Number 32144 6850 21.31 10 House Connection Number 80320 555 0.69 In Ujjain city there are 54 wards, under 1st phase of AMRUT Mission. Out of total 54 wards 34 wards are fully covered, 11 wards partially covered and balance 9 wards will be covered in AMRUT Phase - 2. Details of wards as per coverage: -
Wards are fully covered Wards are partially Wards will be covered covered in AMRUT Phase - 2 12 6, 7, 8, 9, 10, 11, 13, 2, 3, 5, 18, 33, 38, 42, 1, 4, 12, 17, 39, 40, 41, 14, 15, 16, 19, 20, 21, 44, 48, 52, 53 43, 54 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 34, 35, 36, 37, 45, 46, 47, 49, 50, 51 Total :- 34 Wards Total:- 11 Wards Total :- 9 Wards Water Resources Department (WRD) To prevent mixing on Kanh river water which carries domestic waste water of Indore City & Sanwer Town to Kshipra river in the upstream of Ujjain. Kanh river diversion project had been implemented before Simhastha - 2016 to divert the Non - Monsoon flow in to the diversion channel. Monsoon flow always be passed through Kanh river & non Monsoon flow is diverted through 17.50 km long diversion channel under gravity. The diversion channel consists one row of 2600 mm dimeter RCC pipe. The discharging capacity of channel is 5 cumecs. The Project cost was of Rs 90 Crore which laid down between village Ragho Pipliya to Kaliyadeh Palace to keep Kshipra river free from pollution caused by Kanh river.
NVDA (Narmada Valley Development Authority) • Kshipra is non- Perennial river therefore it is necessary to release Narmada water time to time by NVDA (Narmada Valley Development Authority) through Narmada- Kshipra link project (432 crore scheme started during Simhasth 2016) into Kshipra & maintain river quality .
• NVDA (Narmada Valley Development Authority) Project of Rs. 138.98 Crore has been awarded to JMC (Project) India Ltd. Mumbai to bring Narmada water through pipe line of length of 72 Kms. from village Ujjaini Distt. Indore to near Indore road bridge Triveni Sangam to release water in Kshipra River for bathing , drinking & other purpose. The work has completed. This project helps to avoid water losses during release of water in Kshipra river through Narmada - Kshipra Link.
M.P. Pollution Control Board 1- Regular water quality monitoring is conducted at different locations of River Kshipra & River Kanh in Ujjain as per Monitoring Package . Comparative Chart of result of Kshipra river , Kanh river & Nallah water at different locations. 2- MP Pollution Control Board regularly monitor the operation of Sewage Treatment Plant. Quality of treated effluent of Sewage Treatment Plant at Sadawal Ujjain , 3- Ujjain Municipal Corporation has to ensure efficient operation of Sewage Treatment Plant and intercept & divert the Nallahs carrying wastewater into the River to improve the water quality of Kshipra river.13
4- Board has issued letters to Ujjain Municipal Corporation regarding discharge of Nallah into Kshipra river.
5-Board has issued letters to Ujjain Municipal Corporation to bring the result of STP outlet within prescribed norms. 6- Board has issued letter to Water Resources Department to stop overflow of Kanh river at Pipliya Ragho Stop Dam to prevent mixing of Kanh river at Triveni Sangam Ujjain in Kshipra river. 7- Board has imposed Environmental Compansastion of Rs. 150 Lacs ( One Crore Fifty Lacs) as per direction passed by Hon'ble NGT vide its order dated 07-09-2022 in O.A. No. 11/2022 Bakir Ali Rangwala vs State of MP and ors.
B) Action Plan to control discharge of domestic wastewater in Kshipra River by Ujjain Municipal Corporation & other Govt.
agency.
Ujjain Municipal Corporation 1- To prevent mixing of waste water from Piliya Khal Nallah & Bheravgarh Ujjain into River Kshipra Central government sponsored NMCG (Namami Gange) Project worth Rs. 92.78 Crore was sanctioned by NMCG Jal Shakti Mantralay Government of India New Delhi vide their letter no. 24/220 dated 03-05-2023. The tendering process for this work is under process.
Details of work proposed at Piliyakhal & Bherugarh under NMCG (Namami Gange) is as follows:-
At Piliya khal Nallah :-
o Construction of SPS of 10m dia o Provision of SPM of 600 mm dia and 920m length o Construction of STP of 22 MLD Capacity o The details of Piliya khal Nala are as under; o Length - 11.3 km o Location -
SPS :- Lat- 23013'19"N Log - 750 47'15.06"E
STP :- Lat- 23013'53"N Log - 750 47'7.82"E
o Ward covered - 13
o Catchment area - 25 Sqkm
o Population(2011) - 132459
At Bhairavgarh Nala :-
o Construction of SPS of 3.0m diameter o Provision of SPM of 200mm diameter and 500m length o Construction of ETP of 2.38 MLD capacity o Length - 1630 m o Location -
o SPS: - Lat- 23013'39"N Log - 750 46'28.9"E o STP: - Lat- 23013'44.4"N Log - 750 46'33.9"E o Ward covered - 1 o Catchment area - 0.55 sqkm o Population(2011) - 11096 2- To prevent mixing of nallah to Kshipra river preparation of DPR of sewerage yojana (Rs 278 Cr has been proposed) for sewer 14 line of remaining area of city is under progress as per Central government sponsored AMRUT YOUJNA Phase -2 . Water Resources Department Water Resources Department proposed Kanh diversion closed duct project to prevent kanh river mixing to Kshipra River before Triveni sangam. The Kanh diversion closed duct project is proposed with Construction of new Gothda Stop dam on Kanh River Tehsil - Ujjain, District - Ujjain. By constructing new Gothda stop dam (Gated Control Structure) to divert the non monsoon-flow in to the closed duct. Monsoon flow always be passed through Kanh river & non Monsoon flow will be diverted through 16.70 km long closed duct under gravity. The closed duct consist 4.5 x 4.5 RCC, D- Shape section. The discharging capacity of duct will be 40 cumecs. The estimated cost of project work out to Rs. 569.84 Crore.
(C) Solid Waste Management by Ujjain Municipal Corporation
1. The Population of Ujjain City is about 5,97,649. Ujjain City is divided into 54 wards and in 6 administrative zones.
2. Solid Waste Collection per Day is approximately 230 Ton, out of which about 140 TPD is wet waste and about 80 TPD is dry waste and plastic waste.
3. Municipal Corporation has arrangement of door-to-door collection, segregation of MSW at source, transportation facilities, garbage transfer stations, waste treatment and disposal facilities.
4. Ujjain Municipal Corporation has installed 325 TPD processing facilities out of which 225 TPD for wet waste treatment and 100 TPD for dry waste treatment at Gondia village. Ujjain has 5 TPD decentralized Bio-Methanation Plant at Maksi Road, and 2 No. of 5 TPD Material Recovery Facility (MRF). UMC has installed 100 TPD of Construction & Demolition Waste Processing Plant and 5 TPD Floral waste recycling plant.
In this way, UMC is collecting all kind of waste and disposed properly, no solid waste is disposed around bank of River Kshipra.
D) Sewerage Waste Management & Solid Waste Management in villages in Ujjain district.
Janpad Panchayat Ujjain , Mahidpur, & Ghatiya submitted the details of Solid Waste Management, Ghat Development & Sewerage Waste Management work done in rural area under Swachh Bharat Mission (Gram), Manrega etc in 32 village . The information is enclosed as Annexure no. - 9. As per the information submitted, septic tanks has been constructed for individual and community toilets. Garbage pits & Garbage collection vehicles have also been deployed E) Status of Industrial Waste water treatment and disposal in industrial area Ujjain 15
1. There are 02 industrial area in Ujjain city namely industrial area Maxi Road and Industrial Area Dewas Road, these two industrial area located at Maxi Road and Dewas Road, Ujjain.
2. There are about 170 industries located in Maxi Road industrial area, Dewas Road Industrial area , Udhyogpuri Agar road & in other area of Ujjain. Out of total industries 68 are water polluting in nature and they have installed ETP/STP for industrial and domestic waste water treatment in their own premises. Treated water reused in process and gardening within premises.
3. Details of industries located in Maxi Road industrial area, Dewas Road Industrial area , Udhyogpuri Agar road & in other area of Ujjain are as follows :-
S. Industrial Area Large Medium Small Total No. Scale Scale scale
1. Maxi Road 1 1 100 102 industrial area
2. Dewas Road 1 1 33 35 Industrial area
3. Udhyogpuri Agar 0 0 10 10 road
4. other area of Ujjain 0 2 21 23 Total 2 4 164 170
4. Status of industrial waste water generation and treatment for industries located in Maxi Road industrial area, Dewas Road Industrial area , Udhyogpuri Agar road & in other area of Ujjain as follows:-
S. Industrial Area No. of Water Wastewater ETP installed No. polluting generation in capacity in industries KLD KLD
1. Maxi Road 32 42.5 140.5 industrial area
2. Dewas Road 14 24.5 24.9 Industrial area
3. Udhyogpuri Agar 10 5 7.7 road 4. other area of Ujjain 12 22.35 321 Total in KLD 94.1 494.1 16
5. 23 Hotels in Ujjain city obtained consent from M.P. Pollution Control Board .
F) Action taken for control of Water Pollution by Regional Office ,MPPCB, Ujjain :
1. All water polluting industries have been directed as per consent condition to reuse the treated effluent & also directed for not to discharge any effluent on land or in Nallahs.
2. Bulk drug manufacturing industry has installed Multi effect evaporators to maintain zero discharge condition.
3. Show-cause notices / Directions have been issued to units and action has been taken against them.
4. The Court Cases have been filed against the units / institutions for the violation of consent conditions in different sections under the water (prevention and control of pollution) act , 1974.
5. Regular monthly water quality monitoring is conducted at different locations of Kshipra river / drains mixing to Kshipra river & Kanh river in Ujjain District as per Monitoring Package
6. Board has installed 3 Real Time Water Quality Monitoring Station (RTWQMS) on River Kshipra & Kanh at following different locations in Ujjain:
(1) River Kshipra at the upstream of Triveni Sangam. (2) River Kshipra at Lalpul Ujjain. (3) River Kanh at Raghopipliya Stop Dam.
The river monitoring data received from these stations being displayed on L.E.D. Moving Message Display Board Size 8 Feet X 12 Feet at the following locations in Ujjain :
1- At ISSCO Pipe Factory Chauraha Dewas road. 2- Infront of Gyan Sagar Girls School, near Gaughat. 3- Infront of Prashanti Dham at Indore road Bridge.
G) Action Plan to control discharge of domestic wastewater in Kshipra River by Nagar Palika Parishad Mahidpur Mahidpur :
Nagar Palika Parishad Mahidpur distt. Ujjain has prepared liquid waste management system SBM - 2 through consultant Voyants Solutions Pvt. Ltd. This project has been recommended under Amrit 2.0 Yojana vide Nagar Palika Parishad Mahidpur Sankalp no. 48 dated 16-12-2022. Hence DPR amount 895.65 Lakh (Including GST) has been sent to S.E. , Urban administration & development department for further recommendation to put up in SLTC.
Dewas district A) Status of domestic wastewater treatment and Action taken to prevent pollution in Kshipra River by Dewas Municipal Corporation & M.P. Pollution Control Board.17
Dewas Municipal Corporation In order to prevent the sewerage water going into Kshipra river which comes out from the houses of Dewas city, the sewerage work under government's scheme "Urban Infrastructure Development Scheme for Small and Medium Towns" (U.I.D.S.S.M.T.) has been completed. Under this scheme, along with laying of 262 km sewerage network line, 9500 manhole chambers and about 16000 house connections have been completed in 36 identified wards. Also construction and installation works of 03 STP i.e. 12 M.L.D. located in Zone No.-01, Maxi Road, Bilawali, 14 M.L.D. located in zone number-02 nanda nagar and 22 M.L.D. STP zone number-03 located in Sarvodaya Nagar along with 05 pumping stations have been completed and the operation and maintenance works are in progress. Under this scheme, 03 houses are being connected with 01 house connection and about 25500 houses have been connected with house chambers. The connection works with remaining houses are in progress. For online monitoring of inlet and outlets of above three STPs , OCMS & IPPTZ camera are installed and made connectivity with central and state pollution control boards for real time surveillance. Under AMRUT 2.0 sewerage scheme for remaining work a DPR has been sent to the government for approval and after approval the work will be completed.
M.P. Pollution Control Board
1. Regular water quality monitoring is conducted at different locations of River Kshipra in Dewas district as per Monitoring Package . Comparative Chart of result of Kshipra river & Nallah at different locations.
2- MP Pollution Control Board regularly monitor the operation of Sewage Treatment Plants operated by Municipal Corporation Dewas. Quality of treated effluent of STPs.
3- Dewas Municipal Corporation has to ensure efficient operation of Sewage Treatment Plant and intercept & divert the Nallahs carrying wastewater into the River to improve the water quality of Kshipra river.
4- Board has issue letters to Dewas Municipal Corporation regarding discharge of Nallah.
B) Action Plan to control discharge of domestic waste water in Kshipra River by Dewas Municipal Corporation An intake well construction work of 10 M.L.D capacity near Sarvodaya Nagar 22 MLD STP under AMRUT 2.0 sewerage scheme laying of about 210 km sewerage network line is in progress. After completion of the above, the said sewerage line is to be connected with above STPs for treatment of domestic waste water. C) Solid Waste Management by Dewas Municipal Corporation Under the Solid Waste Management Rules, the Municipal Corporation, Dewas collects door-to-door garbage from all 45 wards in four ways (wet, dry, domestic harmful and sanitary waste) through vehicles seperately. A Garbage Transfer Station (GTS) has been set up in the city by the Municipal Corporation, Dewas, where the garbage collected from the city is sent to the processing site 18 through capsules. For processing of about 65 tonnes per day wet waste, 04 drum composters and 02 trommel machines are installed at the waste processing site and processed manure obtained from wet wastes are used for plantation at different places. For the processing of dry waste, various machines such as 03 separate trommel, beling machine, fatta machine, inlu machine, shader machine have been installed at the Material Recovery Facility Center (D) through which 45 tonnes of dry waste generated from the city is processed. A remediation work is in process for the disposal of legacy waste which was lying at the dump site. Garlands and flowers coming out of temples and religious places located in the city are being treated and Dhupbatti and Sambharani cups are being prepared from them. A processing plant has been set up at the Meetha Talab for processing the garden waste like tree branches, leaves etc. generated within city from that briquettes are being manufactured which are used as firewood for cremation of dead bodies at the crematorium.
For the convenience of collection and storage of C&D waste material generated within city a shed has been made where C&D waste is being collected and sent to the processing plant at Indore for processing. According to the instructions of the government under SBM 2.0, an approval has been given to set up a plant of 30 TPD capacity for processing of C&D wastes .
Sanitary and domestic hazardous waste is being collected separately by the body. For the disposal of which a contract has been signed with Hoswin Incinerator, Indore. Vide letter no./s Q./2022/1782 Ujjain, dated 21.12.2022, DPR has been sent to the state government for approval to execution of important components of solid waste management like (50 TPD capacity biomethanation plant, 100 TPD capacity MRF plant, 250 kg capacity dead animal disposal plant ) for city Dewas.
D) Sewarage Waste Management & Solid Waste Management in villages in Dewas district.
Janpad Panchayat Dewas submitted the details of Solid Waste Management, Ghat Development & Sewerage Waste Management work done in rural area under Swachh Bharat Mission (Gram), Manrega etc in 31 village . As per the information submitted, septic tanks has been constructed for individual and community toilets. Garbage pits & Garbage collection vehicles have also been deployed.
E) Status of Industrial Wastewater treatment and disposal in Dewas 1- There are 05 industrial area in Dewas city namely industrial area 01, 02, 03 ( these three are nearly located), industrial area Ujjain road ( about 05 km away from first three) and industrial area siya (which is about 10 km away from first three I/As).
2- About 163 including large, medium and small scale Industries are located in first four industrial areas. Out of these about 45 industries are water polluting in nature and they have installed ETP/STP (effluent treatment plant and sewage treatment plant) for industrial and domestic waste water treatment in their own premises and they reuse treated water in process and gardening within premise.
193- Details of industries located in industrial area no. 01, 02 , 03 and industrial area Ujjain road are as follows :-
S. Industrial Area Large Medium Small Total No. Scale Scale scale 1. Industrial area no. 4 18 59 81 01 2. Industrial area no. 5 8 14 27 02 3. Industrial area no. 5 8 16 29 03 4. Industrial area 5 1 20 26 Ujjain Road and other within Dewas city Total 19 35 109 163 4- Status of industrial wastewater generation and treatment for industries located in industrial area no. 01, 02 , 03 and industrial area Ujjain Road, Dewas is as follows and List of industries installed ETP within premises.
S. Industrial Area No. of Water Wastewater ETP installed
No. polluting generation in capacity in
industries KLD KLD
1. Industrial area no. 18 842.1 1703
01
2. Industrial area no. 7 947 985
02
3. Industrial area no. 15 1116.6 1450
03
4. Industrial area 5 243.8 252
Ujjain Road and
other within Dewas
city
Total 3149.5 4390
Total in MLD 3.1495 MLD 4.390 MLD
.
F) Action taken for control of Water Pollution by Regional Office, MPPCB, Ujjain 1- All water polluting industries have been directed as per consent condition to reuse the treated effluent & also directed for not to discharge any effluent on land or in Nallahs.
2- Bulk drug manufacturing industry has installed Multi effect 20 evaporators to maintain zero discharge condition 3- In 17 type highly polluting units Online Monitoring System is installed. Routine inspections and action against defaulters are being carried out regularly.
4- Show-cause notices / Directions have been issued to units and action has been taken against them.
5-The Court Cases have been filed against the units / institutions for the violation of consent conditions in different sections under the water (prevention and control of pollution) act , 1974. 6- Regular monthly water quality monitoring is conducted at different locations of Kshipra river / drains mixing to Kshipra river as per Monitoring Package .
Ratlam district A) Status of domestic wastewater treatment by Ratlam Municipal Corporation In Ratlam city no river is flowing in city area. Nallah carrying city waste water flows towards rural area ahead Triveni area & Khetalpur area. Any nallah of the city does not meet directly to any river or river Kshipra.
Domestic waste water of Ratlam city goes to two sewage treatment plant made under "Amrit Youjana" capacity of these sewerage treatment plant is given below :
1) Karamdi Road sewage Treatment Plant - Capacity 21.5 MLD
2) Khetalpur STP - Capacity 16 MLD Both the STP are made according to the estimated population up to year 2040. Approximately 15 MLD waste water treated in both the STP & Treated water flows in Triveni & Khetalpur Nallah.
So there is no domestic waste water or treated domestic waste water goes to river Kshipra.
B) Action Plan to control discharge of domestic wastewater in Kshipra River by Nagar Parishad Alot River Kshipra is about 5 K.M. away from Alot. Approximately 0.7 MLD domestic waste water is generated from town. Only in the rainy season domestic waste water generated from town mix in Kshipra river. Under liquid waste management system SBM 2.0 Nagar Parishad Alot is preparing the action plan to prevent the mixing of waste water generated from the town to river . In Action Plan STP of SBR technology is proposed. After getting sanction from Nagar Parishad the action plan will be sent to Urban Administration & Development Department Bhopal for approval. To minimize pollution fecal sludge treatment plant (FSTP) in the trenching ground has been made by the Municipal Council. To implement legacy waste dump site remediation project a detailed project report has been prepared & online bid no. 2023_UAD-267227_I dated 12/04/2023 has been issued.
21No Water polluting unit is installed & operated under the jurisdiction of Alot Tehsil.
C) Sewerage Waste Management & Solid Waste Management in villages in Ratlam district.
Janpad Panchayat Alot submitted the details of Solid Waste Management, Ghat Development & Sewerage Waste Management work done in rural area under Swachh Bharat Mission (Gram), Manrega etc in 16 village . As per the information submitted, septic tanks has been constructed for individual and community toilets & the drainage system for the sewerage is being devlop. Garbage pits & Garbage collection vehicles have also been deployed Indore District A) Status of domestic wastewater treatment and Action taken to prevent pollution in Kanh River by Indore Municipal Corporation 1- Kanh River passes through Indore City and various Nallahs from different areas of the City meets to the River. Kanh River joins the River Kshipra at Triveni at Ujjain after flow of 72 kilometers from origin. Domestic wastewater pollution in Kanh River is due to domestic wastewater discharge of Indore City and Nagar Parishad Sanwer. 2- Various drains/nallahs of the city, meet in the Kanh river within Indore City. Saraswati River, Azad Nagar Nala, Piliyakhal Nala, Palasia Nala, Tulsi Nagar-Talavali Chanda Nala, Khajrana-Bhamori Nala join to the river within Indore Municipal Corporation area. The Bhaurasala Nala joins the Narwar Nala. Ultimately, the Narwar Nala joins the Kanh River near at Dhankhedi approx 10 Km downstream of Indore City.
3- Water supply in Indore city is about 500 M.L.D and approx 425 M.L.D. domestic waste water is generated. Indore Municipal Corporation (IMC) has installed 10 STPs (Total capacity 412.5 MLD) at different locations for the treatment of domestic waste water. Details of STPs with their locations are as follows :
S.No. Name of STPs Capacity Average Gap in Average Gap in (In MLD) Inlet Qty. Treatme Inlet Qty. Treatme Month nt in Month nt in May23(In STPs (In June STPs (In MLD) MLD) 23(In MLD) MLD) 1 Kabitkhedi 245 218.15 26.85 210.99 34.01 2 Kabitkhedi 78 69.89 8.11 64.06 13.94 3 Kabitkhedi 12 9 3 8.49 3.51 4 Pratiksetu 8 7.09 0.91 6.63 1.37 5 Hukmakhedi 7 5.42 1.58 5.73 1.27 6 Radhaswami 6 4.76 1.24 4.92 1.08 7 Nahar 11 10.91 0.09 10.56 0.44 bhandara 8 Ajad Nagar 35 15.57 19.43 17.69 17.31 9 Harshddhi 10 5.63 4.37 5.70 4.3 (Smart City) 10 Pipliyahana 0.5 0.19 0.31 0.22 0.28 22 Total 412.5 346.61 65.89 334.99 77.51 4- Month wise domestic waste water treatment carried out by IMC is given below:
Month Domestic waste water Gap in Treatment treatment (In MLD) (In MLD)* Jan 23 334.19 90.81 Feb 23 345.57 79.43 March 23 335.73 89.27 April 23 350.52 74.48 May 23 346.61 78.39 June 23 334.99 90.01 *From Total 425 MLD Sewage Waste water Hence explained in above table, approx 80-90 MLD domestic waste water is getting into Kanh river without treatment. 5- Apart from above, some other areas like Nipania, Talawali Chanda, Jakhya, Kalindi Gold, Karol Bagh, Gold City, Mangalia, Singapore Township, Kailaudhala, Venmont Park, Royal Green etc. which are within IMC limit, sewage treatment plants (STPs) are not installed so far for treatment of domestic wastewater of these areas and approx 16-20 MLD untreated domestic wastewater is discharged into Kanh River through different nallahs. 6- As explained above, approx 100-110 MLD untreated wastewater is still meeting in River Kanh in Indore which affect the water quality of Kanh River. IMC has proposed to install STPs for treatment of domestic wastewater of above areas at different locations.
B) Action Plan to control discharge of domestic wastewater in Kanh River by Indore Municipal Corporation :
1. IMC has submitted information for domestic wastewater treatment of Indore City along with details of proposed STPs.
IMC has proposed to install 10 more STPs (Total capacity 455 MLD) and 02 CETPs (Total capacity 20 MLD) at different locations.
As per the information submitted, STPs/CETPs with work under progress & proposed under Amrit -2, Namami Gange Phase-1, Namami Gange Phase-2 are as follows :
(a) Work under progress S.No Location Capacity of STP in MLD 1 Near Sirpur lake 20
2 Sewer line along bank of Narwar -
23nallah-Chota Bangada to Nandbag, Rakhi Nagar, Bajrangpura,Industrial area sector A,C & D
(b) Proposed work under Amrit-2 Yojna S.No. Location Capacity of STP in MLD 1 New sewer line in 29 village -
included in IMC limit, Replace of old sewer line in Chavni, Juni Indore, Palsikar area etc 2 Garipipaliya 80 3 Chota Bangagda 35
(c) Work proposed Under Namai Gange Phase-1 S.No. Location Capacity of STP in MLD 1 Kanadia area 40 2 Kila Maidan 35 3 Kabitkheri 120
(d) Work proposed Under Namai Gange Phase-2 S.No Location Capacity of STP in MLD 1 Near Laxmi Memorial Hospital 35 2 North Toda 35 3 Mhow Naka 40 4 Near Choitram Hospital 35 5 CETP at Village Kumhedi 10 6 CETP at Palda 10 7 River front development at Bijalpur -
to Karbla & Limbodi to
krishnapura Bridge
C. Solid Waste Management by Indore Municipal Corporation :
1. The Population of Indore City is about 29,96,000. Indore City is divided in 85 wards and in 19 administrative zone.
2. Solid waste collection per day is approx 1175 Ton, out of which about 675 TPD is wet waste and about 500 TPD is dry waste and plastic waste.24
3. Municipal Corporation has arrangement of door to door collection, segregation of MSW at source, transportation facilities, transfer points, waste treatment and disposal facilities.
4. IMC has installed 550 TPD Bio CNG Plant for wet waste treatment, 300 TPD dry waste processing and 44 & 100 TPD decentralized Material Recovery Facility (MRF) and sanitary landfill site at Devguradia. IMC has installed 100 TPD Construction & Demolition waste treatment plant also at Devguradia and 20 & 15 TPD decentralized Bio CNG plants at Choithram Mandi & Kabitkhedi.
5. In this way IMC has collected all kind of waste and disposed properly, no solid waste is disposed around bank of River Kanh.
D) Sewerage Waste Management & Solid Waste Management in villages in Indore district.
Jila Panchayat, District-Indore has submitted the information regarding treatment and disposal of 32 villages (20 in Janpad Panchyat Sanwer and 12 villages in Janpad Panchayat Indore) which are located in the District-Indore. As per the information submitted, septic tanks has been constructed for individual and community toilets and FSTPs are available for treatment of sludge. Sludge cleaning vehicles have also been deployed.
E) Action Plan to control discharge of domestic wastewater in Kanh River by Nagar Parishad Sanwer :
Sanwer town is situated in catchment of River Kanh and wastewater of the town meets to River Kanh through Katkiya Nallah. Population of the town is approx 21000 and wastewater generation is approx 1.6 MLD. At present the town has no sewage treatment plant and sewerage system. Population depend on soak pits and septic tanks, wastewater is flowing through open drains and nallah. The nallah ultimately joins to River Kanh. Sanwer Nagar Parishad has proposal to install STP and Sewerage System to take care wastewater generating from the Parishad area. Nagar Parishad Sanwer has prepared Sewerage Plan to prevent discharge of wastewater into Kanh River. DPR of Rs. 2167.11 Lac has been submitted to the Government for administrative and technical sanction. Copy of the letter no. 865 dated 27/06/2023 received from Nagar Parishad Sanwer.
F) Solid Waste Management by Nagar Parishad Sanwer :
Population of Nagar Parishad Sanwer is approx 21000 and solid waste generation is approx 4.0 Ton/day. Nagar Parishad has door to door collection facility, partial segregation of the waste. Plastic waste is collected and sold to recyclers partially and MSW is 25 dump on trenching ground. During inspection solid waste not found thrown into Kanh River.
G) Status of Industrial Waste water treatment and disposal :
1. Main Industrial Area of Indore is Sanwer Road Industrial Area which is located in North-West of the Indore City and existing since long back approx more than 50 years. This industrial area is basically developed for small scale industries. Earlier it was away from City but now it is within Indore Municipal Corporation Area. Sanwer Road Indusrtrial area has been developed in 06 sectors namely Sector-A, B, C, D, E and F. The total area of this industrial area is about 77 hectares.
2. Details of Industries located in Sanwer Road Industrial Areas are as below:
S.No Industrial Total Red Orange Green Area Name number of Cat. Cat. Cat.
Industries 1 Sanwer 541 134 170 237 Road Industrial Area 2 Bardari 12 05 01 06 3 Kumhedi 14 2 5 7
3. All industries as mentioned in para-2 are not water polluting type and not generating industrial wastewater, therefore, all of them not required to install Effluent treatment plant. in nearby Nallahs which ultimately meets to Kanh River.
4. Details of Wastewater treatment and disposal in Water polluting Industries located at Sanwer Road Industrial Area as below :
S.No Industrial Total Number Number of Total Area Name numbe of industries Industri r of Industri having al Waste Water es CETP Water Pollutin having membershi generati g own ETP p and on in the Industr disposing industri ies the effluent al area to CETP 1 Sanwer 197 105 197 1100KL Road D Industrial Area 2 Bardari 8 8 4 33 KLD 3 Kumhedi 9 9 8 78 KLD 26
5. The industries which are generating industrial wastewater either has installed Effluent treatment system or sent their effluent to Common Effluent Treatment Plant (CETP) installed by Indore Municipal Corporation at Sanwer Road Industrial Area Indore. Some of the industries which have their own ETP also send their partially treated effluent to the CETP for further treatment. None of the industries are allow to discharge their effluent.
6. Bulk Drugs Manufacturing Units/Active Pharmaceutical Ingredient (API) Units are not allowed to dispose their effluent to CETP also and they have installed Multi-Effect Evaporator (MEE) for disposal of wastewater to maintain zero liquid discharge (ZLD) outside premises.
7. CSETP capacity 4 MLD (1 MLD industrial + 3 MLD domestic) has been installed by Indore Municipal Corporation (IMC) and collection of effluent from the industrial units is carried out by either through pipeline installed or through tankers. Pipelines from Sector C, E & F to CETP have been installed and effluent is conveyed through pipelines but from Sector A, B & D to CETP pipeline is still to be laid and effluent is conveyed via tankers.
8. Narvar Nallah which comes from upstream of the industrial area sanwer road passes through the industrial area and meets to Kanh River at Dhankhedi approx 10 kilometer downstream from the industrial area. Domestic wastewater of the colonies located along the Narvar Nallah flows into the Nallah. A check weir has been constructed across the Narvar Nallah in Sector-F to prevent any discharge downstream during dry seasons. No discharge downstream of the weir was observed except rainy season. IMC has made arrangement for pumping from the weir to CSETP for treatment.
9. Treated effluent from CSETP is pumped to 245 MLD STP at Kabitkhedi for further treatment. Some quantity of treated effluent from 245 MLD STP is reused for plantation in gardens, green belt development by IMC and remaining is discharged into Kanh River.
10. IMC have been issued letters time to time by the Board to complete the pipeline and prevent any discharge into Narvar Nallah which ultimately meets to River Kanh.
11. IMC has also been informed to upgrade the CSETP by installing tertiary treatment and to maintain ZLD and also to recycle the treated effluent from CSETP for industrial use. IMC has not taken any action in this regard.
As explain above paras wastewater generated from the industries at Sanwer Road Industrial Area, Kumedi & Bardari are treated in CSETP. All the water polluting industries are having membership of CSETP. Wastewater is conveyed by IMC 27 to CSETP by pipeline or tankers and CSETP is operated by IMC, therefore IMC has been informed time to time to prevent any industrial wastewater discharge into Narvar Nallah and ultimately to Kanh River.
12. Other Industrial area in Indore City are Pologround, Laxmibai Nagar & Palda etc. Details of industries in this areas are as follows :
S.No Industrial Total Red Orange Green Area Name number of Cat. Cat. Cat.
Industries 1 Pologround 34 04 17 13 2 Laxmibai 44 05 16 23 Nagar 3 Palda 207 06 35 166 Details of water polluting industries and treatment/disposal in the industries located in above areas as follows:
S.No Industrial Total number Number Industrial Area Name of Water of Waste Polluting Industries Water Industries ETP generation installed 1 Pologround 06 06 96 KLD 2 Laxmibai 07 07 10.9 KLD Nagar 3 Palda 23 20 205 KLD The water polluting industries located in Pologround, Laxibai Nagar are having their own ETP and treated effluent is reused in gardening. There is one API/Bulk Drug unit located at Pologround which has installed ETP and MEE, ATFD for treatment and disposal of wastewater to maintain ZLD. No discharge of industrial effluent was found into the Kanh River from above industrial areas.
Units located in Palda are mainly confectionery units and one Potato chips/Namkeen manufacturing unit. All units are having ETP and treated effluent is reused for gardening and also some quantity is discharged into the IMC drainage system for further treatment at IMC STP.
13. Board has taken action against the defaulter units which were found not operating their ETP and discharging untreated effluent, 04 units of Palda have been issued closure notices.
28H) Action taken for control of Pollution in Kanh River by MPPCB :
1. All industries has been directed to reuse the treated effluent as far as possible and disposed through CETP and also directed for not to discharge any effluent on land or in Nallahs. Industries are disposing their partially treated wastewater into CETP and no discharge of effluent in Nallahs were observed during inspections.
2. Violating units has been issued show-cause notices and closure notices and action has been taken.
3. Industries have started water harvesting to improve the ground water quality. All industries have been suggested to do water harvesting of rain water within their premises except chemical industries.
4. Wastewater flowing into Narvar Nallah is diverted to STP 245 MLD of IMC To monitor the discharge of Narwar Nalla, a digital camera has been installed.
5. Active Pharmaceutical Ingredient (API)/Bulk drug manufacturing industries have installed Multi effect evaporators to maintain zero discharge condition outside the premises.
6. IMC has been informed time to time to operate the STPs & reuse the treated wastewater in plantation, gardening, road cleaning, fountains etc. to reduce discharge into the River.
7. IMC has been informed time to time to operate the CSETP properly and complete the laying of pipeline from Sector-A, B & D upto CSETP for conveyance of effluent from the industries and ensure free flow of effluent.
8. IMC have been informed to install tertiary treatment facility in existing CETP so that treated water can be used in industries as raw water.
9. Regular monthly water quality monitoring is conducted at different locations of River Kanh.
10. Board has installed continuous water quality monitoring station at Niranjanpur at D/s of River Kanh.
Other issue :
A) Status of Waste water treatment facilities of Industries mentioned in Petition in Dewas & Indore 1- Status of Wastewater treatment facilities at M/s Navin Flourin International Ltd. (Old name Navin Chemicals) Dewas., M/s Tata International Ltd. Dewas, M/s Sun Pharmaceutical Industries Ltd Dewas (Old Name Ranbaxy Dewas) mentioned in Petition is as follows:29
Sr. Action Tata International Navin Fluorine Sun No points Ltd. International Pharmaceutical . Limited Industries Ltd Industrial Area 3, A B Road Dist.
Dewas,
1 Industry Leather processing Chemical API/Bulk Drugs &
sector Intermediates
Manufacturing
2 Production Finished leather - Production API/Bulk Drugs &
capacity 60 Lacs sq. Capacity 1966 Intermediates
ft/month (720 lacs MT/Year Manufacturing -
sq ft/ year) 1372 MTA
3 Waste water 176 KLD 70 KLD 700 KLD
generation (processing)
4 Treatment 500 KLD -ZLD 105 KLD 1000 KLD - ZLD
Plant plant (ETP/RO/MEE plant
Capacity (ETP/RO/MEE/AT /ATFD) (ETP/RO/MEE/AT
FD) FD)
5 ETP Units Industry has Industry has Industry has
Primary clarifier - full fledged Collection tank -
(200KLD) Zero Liquid (900KL* 4)
equalization tank - Discharge equalization tank -
2, Flocculator, (ZLD) facility 2, Flocculator,
UASB (650 & 1000 in place which aeration tank - 10
KLD) secondary includes ETP nos, RO - 1300
clarifier( 190 KLD) Plant 105 KLD KLD, MEE- 300
RO - 750 KLD, (45 KLD, ATFD- 220
MEE- 60 KLD, KLD+60KLD), kg/hr
ATFD- 220 kg/hr RO Plant 100
KLD &
Multiple Effect
Evaporator 40
KLD (15
KLD+25KLD)
6 Treated Reuse in Final treated water is used in
water production process water is cooling tower, wash
utilization recycled/reuse area and gardening
detail d back to
cooling
tower/utility
purpose.
2- Wastewater treatment facilities at M/s Patanjali Food Products (Old Name M/s Ruchi Soya) Mangaliya, Indore :
1. This is vegetable oil refinery having total capacity of solvent extraction plants - 3750 TPD and refineries - 750 TPD. Industry has 30 consent for solvent extraction of seeds-1125000 MT/Year and refined oil - 225000 MT/Year. The consent is valid upto 31/07/2023.
2. The industry has primary, secondary and tertiary treatment based Effluent treatment plant having Oil & Greece Trap, Equalization Tank, Screen Chamber, Primary Settling Tank, Aeration Tank, Clarifier, Flash Mixer, Treated Water Collection Tank, Reverse Osmosis (RO) systems for treatment and disposal of wastewater. Industry has installed Multi Vapor Re-compression (MVR)/Evaporator for treatment and disposal of wastewater generating from acid oil manufacturing unit. Treated effluent from RO is reused in boiler cooling etc. in the factory.
3. Treated effluent is reused within premises and plantation, green belt development.
4. No wastewater discharge outside premises and therefore no discharge of effluent into Kanh River.
B) In the petition it is mentioned that Fertilizers , Pesticides in the water shed area of river Kshipra should be discouraged by Agriculture Department & Conventional Practice of Information received from Agriculture Department Ujjain, Dewas, Ratlam & Indore which states that Organic Farming should be encouraged by means of training & public awareness.
II- Deforestation Issue 1- Total no. of 220374 Plants have been planted during last five years the plantation along Kshipra river by Forest Department Ujjain. Details are as follows :
Year Total number of Expenditure Survival Rate plants planted made 2016-17 38800 Departmental 89.5 % 2017-18 15394 Departmental 88.1% 2018-19 108750 Departmental & 80.2% Municipal Corporation, Ujjain 2019-20 10700 Departmental 91.8% 2020-21 46730 Departmental & 97.51 Municipal Corporation, Ujjain 2- As per information submitted by Forest Department Indore in the catchment area of Kshipra river 1.40 Lacs & 11320 Plants were planted in year 2017 & 2022 respectively.31
Detail information submitted by Forest Department Ujjain , Janpad Panchayat Ujjain & Ghatiya regarding Plantation & Location.
III - Aquatic Life issue:
At the time of different Parv Snan like Somavati Amavasya, Shanishchari Amavasya, Kartik Poornima, Makar Sankranti etc. the fresh water from Kshipra - Narmada link / Pipe project has been released time to time in the upstream of Kshipra river which helps to aquatic life.
The information submitted by the concerning department is as follows :
IV - Water Quality issue:-
1. Status of water quality of Kshipra River in Ujjain & Dewas District :
Regional Office Ujjain regularly monitors water quality of River Kshipra at following locations in Ujjain & Dewas district as per Monitoring Package.
1- River Kshipra at w/s intake point of Dewas, 2- River Kshipra at stop dam village Tumni, Dewas 3- River Kshipra Mixing Point of Nagdhaman Nallah in River Kshipra Village Hawan Khedi , Dewas 4- River Kshipra 1 KM D/s Confluence point of Mendki Nallah.Village Hosiyarkhedi , Dewas 5- River Kshipra at Indore road bridge, Ujjain 6- River Kshipra at Trivenighat (1 KM. D/S OF SANGAM) Ujjain.
7- River Kshipra at Gaughat, Ujjain 8- River Kshipra at Ramghat, Ujjain, 9- River Kshipra at Mangalnath, Ujjain
10- River Kshipra at Siddhawat (D/S) of Ujjain,. 11- River Kshipra 100 meter D/S after mixing of Kanh Diversion at Kaliyadeh Palace 12- River Kshipra at Mahidpur, Ujjain Besides this river water samples in the down stream of Ujjain city have also been collected from different locations. 1 River Kshipra at Kagdi Karadiya village 2 River Kshipra at Kithodiya Village 3 River Kshipra at Salakhedi Village Mostly the river Kshipra quality is found of Class'D' Category as per IS 2296- 1982, Comparative Chart of result of Kshipra river at different locations.
Regional Office Ujjain also regularly monitors water quality of River Kanh at Ramwasa & Raghopipliya Stop Dam . River Kanh quality is found of Class'D' Category as per IS 2296- 1982 Comparative Chart of result of Kanh river at different locations. Status of water quality of Kshipra River in Indore District :
1- River Kshipra is flowing in some part of District Indore in East North direction. Origin of River Kshipra is Village Ujjaini, 32 District-Indore (M.P.). The river travel approx 25 Kilometers upto Village-Semalya Chau, in Indore District and approx 50 kilometers, the river makes boundary of District Indore and Dewas. As explain above, approx 25 Kilometers both banks of river are in Indore District and after that approx 50 kilometers left bank of the river is in Indore District. 2- No water polluting industrial units are located near bank of Kshipra River and therefore there is no industrial wastewater is discharged into the river Khsipra in Indore District. 3- Domestic wastewater is also not discharged in Kshipra River from the Villages located near bank of the River. Jila Panchayat, District-Indore has submitted the information regarding treatment and disposal of 32 villages (20 in Janpad Panchyat Sanwer and 12 villages in Janpad Panchayat Indore) which are located in the District-Indore. As per the information submitted, septic tanks has been constructed for individual and community toilets and FSTPs are available for treatment of sludge. Sludge cleaning vehicles have also been deployed.
4- Board had monitored the water quality of the River Kshipra at 06 locations in Indore District from Origin to Village-Kshipra in downstream. The water quality pH found in range of 7.58 to 8.68, BOD found in range of 0.6 mg/L to 1.2 mg/L and COD found in range of 8 mg/L to 26.67 mg/L. River water quality is "A" category as per Indian Standards for inland surface water- IS:2296.
2. Status of Kanh River water quality :
1. MP Pollution Control Board regularly monitor water quality of River Kanh at various location, the report of month May, June & July-2023 is attached as Annexure no. -43 & 44.
BOD is found 3 to 16 mg/L & COD- 18 to 51.94 mg/L. The quality shows that wastewater at different location of Indore city and Sanwer is meeting to the Kanh River which affect the water quality of the River. Kanh River water quality deteriorates within Indore City due to discharge of wastewater into the River and it improves after Dhankhedi to Sanwer due to self purification capacity of the River.
2. Water quality of Kanh River is monitored at Village-Badodiya Kanh Which is exist place of Indore District and after this the river enters into Ujjain District. At Badodiya Kanh BOD was found 5.5 mg/L in May-2023 its shows that water quality of the River Kanh is significantly improved prior to enter into Ujjain District.
3. Board regularly monitor water quality of Kanh River and STPs which are operated by IMC. IMC has to ensure efficient operation of STPs and trap the Nallahs carrying wastewater into the River to improve the water quality at Indore downstream.
V- Religious Programme issue :
33On the occasion of various festivals Pollution Control Board & Other Govt. Department aware the people through Pamphlet distribution regarding not to pollute river by throwing Plastic / Polythene Waste into the river. Warning & awareness message displayed through 40 LED moving display board at different places in the city.
People around different Ghat where Snan takes place are instructed by announcing cautions & warnings through Public Address System.
At main Chauraha in the city announcement regarding awareness through Public Address System regularly done by Municipal Corporation Ujjain.
During Snan/Festival cleaning around Ghat regularly done by local authority. Dustbins are kept at different places near Snan Ghat.
VI- Encroachment issue :
Information submitted by SDM Ujjain city , Ujjain Municipal Corporation & SDM Ghatiya District Ujjain is enclosed for ready reference.
As per information submitted by SDM Kothi Mahal , Tehsildar Ujjain , SDM Mahidpur District Ujjain , Tehsildar Alot District Ratlam, , SDM Sanwer SDM Khudel District Indore & SDM Dewas District Dewas there is no encroachment on the bank of River Kshipra .
As per Information submitted by, CMO Nagar Palika Parishad Mahidpur district Ujjain, Janpad Panchayat Ujjain & Water Resources Department Indore there is no encroachment on the bank of River Kshipra.
VII- Illegal Mining issue:
Information received from Mining Department Ujjain , Dewas, Ratlam , Indore indicates that no illegal mining is found in Kshipra river bed.
Hon'ble NGT (CZ) Bhopal vide this order dated 13th July 2023 in OA no.25/2023 " Sachin Dave Vs Union of India & Ors. directed as under vide para 3 :-
3- We may also point out that in the report to be submitted by the Committee, it shall also give details of flood plain zone of River Kshipra, programme for rejuvenation, the Action Taken Plan in respect of removal of encroachment and whether any funds have been provided by National Mission for Clean Ganga since River Kshipra is a tributary of River Ganga and is governed by Provisions of River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016 and if such fund has been provided, in what manner, such fund has been utilized In compliance of directions issued via para no. 3 of the Order, Point wise Report of Joint Committee is given below :-
(A) Flood plain zone of River Kshipra :34
Flood zone map of the River Kshipra Ujjjain, Indore, Dewas & Ratlam district has been submitted by the Water Resource Department is enclosed as per Annexure no. - 49 (B) Programme for rejuvenation Programme for rejuvenation for River Kshipra proposed to be implemented by Govt. agencies is as follows :
i) Management of Domestic Waste Proposal submitted by local bodies for treatment of Domestic Waste is as under
Municipal Corporation Ujjain 1- In Ujjain city there are 54 wards, under 1st phase of AMRUT Mission out of total 54 wards 34 wards are fully covered, 11 wards partially covered and balance 9 wards will be covered in AMRUT Phase - 2. for sewerage work at Ujjain City Rs 278 Cr has been proposed and preparation of DPR work is under progress.
2- To prevent the waste water from Piliya Khal Nallah & Bheravgarh Ujjain mixing of to River Kshipra Central government sponsored NMCG (Namami Gange) Project worth Rs. 92.78 Crore was sanctioned by NMCG Jal Shakti Mantralay Government of India New Delhi vide their letter no. 24/220 dated 03-05-2023. The tendering process for this work is under process.
Water Resources Department Ujjain 3- Water Resources Department proposed Kahn diversion closed duct project to prevent kahn river mixing to Kshipra River before Triveni sangam. The Kanh diversion closed duct project is proposed with Construction of new Gothda Stop dam on Kanh River Tehsil - Ujjain, District - Ujjain. By constructing new Gothda stop dam (Gated Control Structure) to divert the non monsoon-flow in to the closed duct. Monsoon flow always be passed through Khan river & non Monsoon flow will be diverted through 16.70 km long closed duct under gravity. The closed duct consist 4.5 x 4.5 RCC, D- Shape section. The discharging capacity of duct will be 40 cumecs. The estimated cost of project work out to Rs. 569.84 Crore.
Nagar Palika Parishad Mahidpur District Ujjain 4- Nagar Palika Parishad Mahidpur distt. Ujjain has prepared liquid waste management system SBM - 2 through consultant Voyants Solutions Pvt. Ltd. This project has been recommended under Amrit 2.0 Yojana vide Nagar Palika Parishad Mahidpur Sankalp no. 48 dated 16-12-2022. Hence DPR amount 895.65 Lakh (Including GST) has been sent to S.E. , Urban administration & development department for further recommendation to put up in SLTC.35
Municipal corporation Dewas DPR under first phase of AMRUT 2.0 Sewerage Yojana Rs. 6819.00 Lacs & under second phase Rs. 659.66 Lacs for remaining connection in Dewas city has been sent to government for approval.
Nagar Parishad Alot District Ratlam Under liquid waste management system SBM 2.0 Nagar Parishad Alot is preparing the action plan to prevent the waste water generated from the town going to river . In Action Plan STP of SBR technology is proposed. After getting sanction from Nagar Parishad the action plan will be sent to Urban Administration & Development Department Bhopal for approval Indore Municipal Corporation As per the information submitted, STPs/CETPs work is under progress & under Amrut -2, Namami Gange Phase-1, Namami Gange Phase-2 proposed work is as under :
(e) Work under progress S.No Location Capacity of STP in MLD 1 Near Sirpur lake 20 2 Sewer line along bank of -
Narwar nallah-Chota Bangada to Nandbag, Rakhi Nagar, Bajrangpura,Industrial area sector A,C & D
(f) Proposed work under Amrit-2 Yojna S.No. Location Capacity of STP in MLD 1 New sewer line in 29 village -
included in IMC limit, Replace of old sewer line in Chavni, Juni Indore, Palsikar area etc 2 Garipipaliya 80 3 Chota Bangagda 35
(g) Work proposed Under Namai Gange Phase-1 S.No. Location Capacity of STP in MLD 1 Kanadia area 40 2 Kila Maidan 35 3 Kabitkheri 120 36
(h) Work proposed Under Namai Gange Phase-2 S.No Location Capacity of STP in MLD 1 Near Laxmi Memorial 35 Hospital 2 North Toda 35 3 Mhow Naka 40 4 Near Choitram Hospital 35 5 CETP at Village Kumhedi 10 6 CETP at Palda 10 7 River front development -
at Bijalpur to Karbla & Limbodi to krishnapura Bridge Nagar Parishad Sanwer Nagar Parishad Sanwer has prepared Sewerage Plan to prevent discharge of wastewater into Kanh River. DPR of Rs. 2167.11 Lac has been submitted to the Government for administrative and technical sanction Janpad Panchayat situated at the bank of Kshipra river - It is proposed to develop drainage system for sewerage along with sewerage tank .
ii) To maintain flow in Kshipra river.
As per information submitted by Water Resources Department total 26 stop dams and barrages have been constructed across the river Kshipra between its origin and border of Ujjain District which accumulate total water upto 25.90 M.Cum. while two stop dam & barrage were constructed on Kshipra river in Ratlam District.
Currently, two Medium Projects (Bani Harbakhedi and Dungariya Barrage) are under construction which will store water upto 20.13 M.Cum. In addition to the above two Medium Projects, one Major Project (Chitawad) is proposed to store upto 160 M.Cum. of water. At present, several proposed barrages and stop dams across Kshipra river are expected to store an additional water quantity of 169.50 M.Cum.
The two under construction projects being constructed by NVDA (Hatpipliya Micro Irrigation Project and Sanwer Lift Irrigation Project) after the completion will help in the preservation of water in all the constructed and under construction projects over Kshipra and the seepage of water from the above two major projects will help in maintaining the storage of barrages and stop dams across 37 Kshipra river. This will help in maintaining flow in Kshipra river throughout the year.
iii) Industrial Pollution Control
1. Indore Municipal Corporation initiated the proposal for the construction of Common Effluent Treatment Plant (CETP) of capacity 10 MLD at Kumhedi & Palda .
2. M.P. Pollution Control Board / Municipal Corporation shall ensure zero liquid discharge in all water polluting industries .
iv) Flood Plain Zone (FPZ) It is proposed for the Plantation in Flood Plain Zone (FPZ) of Kshipra river by local bodies / State Forest Department Checking encroachments in the FPZ of Kshipra river shall be carried out by District/Local administration while Prohibition of disposal of municipal solid waste / plastic waste shall be ensue by Local bodies.
(C) The Action Taken Plan in respect of removal of encroachment Information submitted by SDM Ujjain city , Ujjain Municipal Corporation & SDM Ghatiya District Ujjain is enclosed for ready reference.
As per information submitted by SDM Kothi Mahal , Tehsildar Ujjain , SDM Mahidpur District Ujjain , Tehsildar Alot District Ratlam, , SDM Sanwer SDM Khudel District Indore & SDM Dewas District Dewas there is no encroachment on the bank of River Kshipra .
As per Information submitted by, CMO Nagar Palika Parishad Mahidpur district Ujjain, Janpad Panchayat Ujjain & Water Resources Department Indore there is no encroachment on the bank of River Kshipra.
(D) Funds provided by National Mission for Clean Ganga
1. To prevent mixing of waste water from Piliya Khal Nallah & Bheravgarh Ujjain to River Kshipra Central government sponsored NMCG (Namami Gange) Project worth Rs. 92.78 Crore was sanctioned by NMCG Jal Shakti Mantralay Government of India New Delhi vide their letter no. 24/220 dated 03-05-2023. The tendering process for this work is under process.
2- As per information submitted by Indore Municipal Corporation vide their letter no. 385 dated 20-07-2023 Rs. 511.15 Crore has been sanctioned for construction of STPs at Kila Maidan (Capacity 35 MLD) , Kanadiya Area ( Capacity 40 MLD) & Kabit Khedi (Capacity 120 MLD) to prevent mixing domestic waste water to river kanh which will improve water quality of Kanh river prior to meeting Kshipra river. The tendering process for this work is under process. [ Observation :-
381. Nagdhaman Nalla near Hawankhedi and Mendki Nalla near Marethi village meet to River Kshipra at Dewas. In upstream of Dewas industrial area various colonies are located and their domestic waste water flows in the Nagdhaman Nallah, that passes through the Industrial area. As per information submitted by Dewas Municipal Corporation Intake well construction work of 10 M.L.D capacity near Sarvodaya Nagar & 22 MLD STP on Nagdhaman Nallah is under progress.
2. At present 03 STP installed by Municipal Corporation Dewas are operational but not treating the wastewater of nallas of dewas city.
There are 03 main nallas i.e. Dewas nalla, mendhki nalla and nagdhaman nalla. Out of 03 STPs, 02 STPs are established along two nallah i.e. nagdhaman and mendhki . These Nallah also carry the strom water of Dewas city.
3. During inspection no effluent discharge found from the outside of premises of industries located at the bank of Nagdhaman Nalla at Dewas & Industrial areas located at Ujjain.
4. The gate of stop dam of Kanh river at Raghopipliya found opened (Because of Mansoon Season) therefore Kanh river water gets flow towards Kshipra river at Triveni Sangam. During non-monsoon period when Kanh river flows with normal flow then river water gets diverted through diversion pipe line.
5. At Ujjain there is no Interception & Diversion of Piliya Khal Nalla found hence Piliya Khal Nalla directly meets to river Kshipra at Mangalnath. For which the STP & Waste water treatment plant project of Municipal Corporation, Ujjain is in tendering stage.
6. Similarly Moti Nagar Nallah meets to river Kshipra in front of Shani Mandir not having diversion facility. For which DPR preparation by Municipal Corporation, Ujjain for sewerage scheme under Amrut 2.0 for remaining area of Ujjain city is in progress.
7. Sewage Treatment Plant of capacity 83 MLD & Fecal Sludge Treatment Plant of 50 KLD at Sadawal village Ujjain found operational & the Sewage Treatment Plant of capacity 92.5 MLD at Surasa village Ujjain is found under trial run.
8. Coloured waste water generated from Cottage Industries from printing & dying units in Bherugarh area Ujjain is directly meets to river Kshipra near Siddhwat. For which the STP & Waste water treatment plant project of Municipal Corporation, Ujjain is in tendering stage.
9. During Inspection no mining activity found in the river Kshipra bed & along the bank.
10. Disposal of Solid Waste into river Kshipra not observed during inspection .
11. In Ujjain although 11 Nallas having interception & diversion points under Kshipra Shuddhikaran Yojna but some times for very few 39 duration due to power failure & mechanical problem overflow of these Nalla goes directly to river Kshipra at different points and contaminates Kshipra river.
Recommendations :
On the basis of the above observation and inspection carried out by the committee the following activities are recommended. 1- Water Resources Department shall expedite the approval for the Kanh diversion close duct project for diversion of Kanh river water from Municipal area of Ujjain city. The tender for the same work is under process.
2- Nagar Parishad Alot, Nagar Palika Parishad Mahidpur shall expedite the approval for the construction of Sewage Treatment Plant under liquid waste management system SBM 2.0 while Nagar Parishad, Sanwer should expedite approval for proposed sewerage scheme.
3- Municipal Corporation Ujjain, Dewas & Indore shall expedite the approval for remaining proposed work under Amrut 2.0, Namami Gange Phase 1 & Phase 2 .
4- Municipal Corporation Ujjain shall have to complete the sewerage scheme under AMRUT YOJANA phase 1 before 31-12-2023.
5- All the Sewage Treatment Plant setup by Municipal Corporation should keep always be in running condition to ensure treatment of domestic waste water up to notified norms.
6- The Municipal Corporation Ujjain, Dewas, Ratlam & Indore shall ensure to treat all the domestic waste water generated from the city.
7- The Municipal Corporation Ujjain, Dewas, Ratlam & Indore & Nagar Parishad Alot , Nagar Palika Parishad Mahidpur & Nagar Parishad Sanwer shall ensure that no plastic waste / Pooja Samagri should be thrown in to the river.
8- Agriculture department shall encourage the organic farming by means of training & public awareness in the catchment area of Kshipra river.
9- MPPCB, shall keep constant vigil over the water polluting industries to ensure the compliance of consent condition.
10- The Municipal Corporation Ujjain, Dewas , Indore & Nagar Parishad Alot , Nagar Palika Parishad Mahidpur & Nagar Parishad Sanwer & Forest Department shall carry out dense plantation along the bank of Kshipra river with Geo Tagging with assurance of their survival.40
11- District / Local Administration shall make continuous vigil regarding Encroachment in the Flood Plain Zone & Along the Kshipra river.
11. In view of the order dated 17.08.2023 passed by this Tribuna,l another committee was constituted with regard to District Ratlam regarding encroachment on flood plains zone and other no construction / no development zone of river and discharge of untreated industrial effluent, municipal and domestic sewage in river Shipra and water quality of river Shipra and cross check steps measures of treatment of such discharge and Mr. Ashish Advocate has submitted the report with the fact that :
i. No encroachment in the flood plain zone of river Shipra and the villagers or by any other person.
ii. Committee has not found any encroachment in the flood plain zone of river Shipra and village having population of approximately 350 peoples.
iii. Ratlam city is situated approximately 80 km. away from river bank of Shipra and no river is flowing in city area.
Domestic waste water of Ratlam city is treated by two sewage treatment plant namely Khetalpur STP having capacity of 16 MLD and Karamadi Road STP having capacity of 21.5 MLD. Both STP are made according to the estimated population for the year of 2040.
iv. During the inspection no encroachment was found and there was no industrial unit located in and around or nearby town river Shipra.
v. An estimate for demarcation of high water level on the river bank has been prepared and presented to the Chief Engineer for inviting Tender according to the Rules.
12 The matter was again taken up by this Tribunal on 17.08.2023 and another committee was constituted with the member of the MoEF&CC, CPCB, one representative from the Collector Indore and one amicus curie. The committee has submitted the report as follows :...
"In compliance of Hon'ble Tribunal's order dated 17.8.2023 a 41 meeting of all committee members has been organised through video conferencing on September, 14, 2023. During the said meeting committee members interacted with each other and found that the Kanh river is the tributary of the river Kshipra and Kanh river carries the sewage of the entire Indore Municipal Area and discharges in to river Kshipra which meets it at Ujjain disctrict. Further the following points were discussed.
1. To collect number and status of STPsin operation and collect status of drain how may swage drain still directly discharging the water in Kanh river.
2. To collect data related to STP construction. Gap in sewage treatment and generation, status of encroachments if any.
3. To collect water samples at various locations of river Kanh and also samples from STP and CETP.
4. Status of industrial effluent treatment in Sanwer industrial area
5. Finalization of the date of field visit.
Thereafter, the joint committee visited Indore area during 16th and 17thSeptember 2023 to assess and verify the factual aspects and arrive at wholesome picture of the issue as mentioned order dated 17.8.2023 of the Hon'ble Tribunal. For better coordination and fairness, the committee informed to the Applicant Sh. Sachin Dave well in advance regarding the proposed visit. A meeting was held at conference hall of Collector office Indore on 16.9.2023 by the Joint Committee members along with Sh. Sachin Dave and his collegues and senior officers of other relevant departments to discuss the issues highlighted in the Application. The relevant issues were also discussed with officials of Municipal Corporation Indore and Regional Office of MPPCB who were also present during the meeting.
The attendance sheet of Member and stakeholders present during meeting. During the meeting it was decided to visit the following locations and also collect water samples from prominent locations:
(i) Origin point of River Kshipra at Ujjaini, and then through its course at Sonwaya, Aranya Kund, Semiliya Chau and Indore-Bhopal highway
(ii) Kanh & Saraswati Rivers at Krishnapura Kshatri 42
(iii) Sewage Treatment Plant and Kanh River at AzadNagar
(iv) Industrial Area Sanwer Road Indore
(v) M/s Ruchi Soya at Mangliya
(vi) Common Sewage & Effluent Treatment Plant (CSETP), Sector-F, Industrial Area Sanwer Road, Indore
(vii) Bhorasala/ Narvar Nallah, Industrial area Sanwer Road, Indore.
FINDINGS AND OBSERVATION On the day of visit on 16.9.2023 and 17.09.2023 ,due to heavy and continuous rainfall, the scheduled survey and monitoring work of committee for Indore area got so badly affected that work could not be completed as planned and because of heavy rainfall the River Kshipra and Kanhwere flowing above the high flood level and most of the point and non-point sources of water pollution were submerged. Hence proper and true assessment of water quality and its level of deterioration could not be monitored. However, for tentative estimation few water samples collected from River Kshipra and Kanh, STP, CETP and industrial outlet.
The point source is STP outlet, CETP outlet, Industrial and un-treated sewer drains and non-point sources includes activity going on in catchment area of river i.e. commercial establishments, dairy farms, soak pits, use of chemicals in agriculture fields etc. BRIEF OF KSHIPRA RIVER-
It originates at place called Ujjaini at Indore District. This place is the Narmada -Kshipra link project, and the river after its genesis flows through villages Sunwaya, Kakukhedi, junabawalia, Arniakund, semliachau. It leaves Indore district at Semlia Chau and then forms boundary of Indore and Devas district till it reaches Ujjain District. The committee visited the River Stretch and found the following with regard to issue of Encroachment and River water Quality:
Encroachment of River Kshipra at Indore Stretch- As stated above the river Kshipra originates at Ujjaini (eastern side of Indore District) and since it is seasonal river, its flow is less at places in the upper stream of river. Sonwaya has less flow with few metres of width, but when the river reaches 43 Arniya Kund it expands up to 50 ft and thereafter continue to maintain e flow till Semlia Chau. The Committee visited the course of river till SemliaChau and did not find any encroachment on the river bed. The fact has also been ascertained by the local villagers at Arniya Kund.
Therefore as per discussion held with local villagers and farmers there is no noticeable encroachment or any permanent type of construction in this stretch. Committee also requested with applicant to show any spot which is encroached but applicant also told that in this particular stretch of Kshipra in Indore region no encroachment and discharging of sewage activity reported however possibility of sewage discharge from sub-urban and village area of Indore may not be ruled out.
Quality of Kshipra River stretch of Indore: To assess the water quality of river Kshipra in Indore region the water sampling for point source and non-point source has been carried out.
However due to excess rains during survey work it seems very less variation in the water quality of Kshipra as river flowing above the high flood level and most of the point and non-point sources are submerged at that time hence proper assessment of water quality and its level of deterioration could not be monitored.
Domestic Water Pollution: Sewage management systems especially in rural area of Indore are reported to be managed at the community and individual level with the provision of septic tanks and sludge treatment through FSTPs. However the issue of solid waste management require proper collection and disposal especially from river bank at villages. It was observed that soak pits and septic tanks provided in rural areas for treatment of domestic waste water.
Industrial Water Pollution: During visit it was observed that there is no industrial activity carried out at the stretch of Kshipra river in Indore region hence the possibility of entering of industrial effluent in to river does not be arise.Kanh river is carrying the industrial effluent as well as un treated domestic waste water which ultimately join the Kshipra river near Ujjain and thus the main source of pollution load increase.44
Agricultural Water Pollution: It was observed that in Indore region agriculture activity carried out at both the bank of river Kshipraand generally wheat and Soyabeen crop is being cultivated and for better yield farmers generally used fertilizers and other chemicals. If quantity of these chemicals is excess than it will mix with the nearby water body through run-off water in monsoon season. Water quality is further affected due to the overuse of chemical fertilizers and pesticides.
The water samples collected from the locations as given below:
S.no. Location details Remarks
01 Kshipra river at Arniya kund No industrial activity
near to origin and no discharging of
point raw sewage observed
during visit. However
02 Kshipra river at Semaliya due to high flood
Chau to mid point condition and high
turbulence in water
flow turbidity was very
high.
03 Kshipra river at Indore- Huge flow was observed
Bhopal road bridge and at this area
residential
area developed at both
sideof bank.
River Water quality Analysis
S. Param Unit River River River Remarks
No eters Kshipra at Kshipra at Kshipra at
. Arniya Semeliya Indore-
kund Chou Bhopal
Bridge
1 Temper Centigr 26 26 26 On the basis of
ature the analysis
ade
results it can be
DO mg/l 7.20 7.40 9.10 concluded that
2 pH pH unit 7.45 7.54 7.64 none of the
3 Conduc uS 151 152 176 parameter is
tivity showing
abnormal
4 Total mg/l 69 262 379 values.
Suspen However due
ded to high
Solids
turbulence in
5 Total mg/l 81 84 94 water
Dissolv
suspended
ed
45
Solida solids are
6 COD mg/l 22 18 20 more.
7 BOD mg/l 4.0 3.5 4.0
8 Chlorid mg/l 12 11 16
e
9 O&G mg/l BDL BDL BDL
10 SO4 mg/l 14 24 35
11 Faecal FC/100 17 20 15
Colifor ml
m
12 Total TC/100 110 120 94
Colifor ml
m
13 Copper mg/l 0.044 0.052 0.059
14 Zinc mg/l 0.040 0.060 0.030
15 Lead mg/l BDL BDL BDL
BDL-Below Detection limit
Based on the above analysis values of river Kshipra it can be concluded that the TSS and TDS values increased gradually in downstream of the river w.r.to u/s water quality due to high turbulence in water and mixing of runoff water from its catchment area. The COD, BOD and Chloride values also not showing significant variation. Presence of FC/TC indicate that runoff water carrying the pathogens from its catchment hence mixing of sewage or cow dung was may not be ruled out. On the basis of "designated best use" (DBU) the river water quality may be consider for "B"category. The details of categorisation given below.
The water quality management in India is accomplished under the provision of Water (Prevention and Control of Pollution) Act, 1974. Since the natural water bodies have got to be used for various competing as well as conflicting demands, the objective is aimed at restoring and/or maintaining natural water bodies or their parts to such a quality as needed for their best uses. Thus, a concept of "designated best use" (DBU) was developed by CPCB. According to this concept, out of several uses a water body is put to, the use which demands highest quality of water is termed as "designated best use", and accordingly the water body is designated. Primary water quality criteria for different uses have been identified. A summary of the usebased classification system is presented in table below:
Designated-Best-Use Class of water Criteria Drinking Water Source without A Total Coliforms Organism MPN/100ml shall be 50 or lesspH conventional treatment but after disinfection between 6.5 and 8.5 Dissolved Oxygen 6mg/l or more Biochemical Oxygen Demand 5 days 20C 2 mg/l or less Designated-Best-Use Class of water Criteria 46 Outdoor bathing (Organised) B Total Coliforms Organism MPN/100ml shall be 500 or less pH between 6.5 and 8.5 Dissolved Oxygen 5mg/l or more Biochemical Oxygen Demand 5 days 20C 3mg/l or less Drinking water source after C Total Coliforms Organism MPN/100ml shall be 5000 or less pH conventional treatment and disinfection between 6 to 9 Dissolved Oxygen 4mg/l or more Biochemical Oxygen Demand 5 days 20C 3mg/l or less Propagation of Wild life and Fisheries D pH between 6.5 to 8.5 Dissolved Oxygen 4mg/l or more Free Ammonia (as N) 1.2 mg/l or less Irrigation, Industrial Cooling, E pH between 6.0 to 8.5 Controlled Waste disposal Electrical Conductivity at 25C micro mhos/cm Max.2250 Sodium absorption Ratio Max. 26 Boron Max. 2mg/l Below-E Not Meeting A, B, C, D & E Criteria Brief of Kanh river Note: The word "river" for Kanh is a misnomer as its catchmentarea is residential and industrial area and in non seasonal period only receives sewage from residential areas (illegal or illegal) and from open drains (11 major nallah and various smaller nallas).
Kanh River originates from Bilawli Talab Limbodi, Indore and flows through Indore City. Kanh River passes through Indore City and meets Kshipra River at Ujjain after flow of 72 kilometers from its origin. Saraswati River originates from Footatalab Rau Indore and enters the city from western side and joins River Kanh at Sanjay Setu/Krishnapura Kshatri in Indore.
Generally, the water quality of River Kanh comes under polluted category as per DBU because domestic waste water of City and partially un treated effluent of industries is still mixing in River Kanh through different nallas and due to this reason water quality is being deteriorated, but due to flood condition in river Khan during visit seems to be not representative hence samples not collected as it will not give true picture and re-sampling is proposed after settlement of water level and return of normal condition of river. CPCB also classified Kanh river under polluted river category and the water quality from Indore to Sanwer is very bed.
SEWAGE DESIGN ANALYSIS-
a. As per the info from the IMC provided at the time of meeting,The Indore Municipal area generates around 367.8 MLD of sewage as per the info by IMC during meeting and the presentation given. As per the said presentation the total treatment done is 367 MLD( same as generation). The copy of the presentation is annexed as Annexure R-4. However as per the DPR prepared 47 under Namani Gange Project the total sewage generation is going to be 510 MLD in 2025 and 675 MLD by 2040.
b. The said figure of 367.8 MLD currently, is inherently faulty as it do not take into account the illegal colonies whichdoes not have IMC supply as the info on supply of water to around 910 illegal colonies and their population is not available with the IMC. However the reply by IMC submits that almost all illegal colonies are covered by sewage pipelines. The IMC further claims to have tapped the 7370 major and minor nallahs. The said fact needs to be verified in further visits . Because if all colonies are having sewage pipelines then how come there is substantial discharge into various nallahs which still have sewage flow reaching Kanh river.
c. The Committee is of the view that the estimate of 367.8 MLD does not show true picture. The actual sewage generation is higher because the Kanh river still has substantial sewage flowing in it.
d. The committee has sought information from the IMC about the estimated illegal Ground water extraction but the same is not available with IMC.
e. The IMC area has drainage collection only through existing pipeline network system and the STPs collect sewage from these pipelines only. Any inefficient and open drainage is not treated and goes into Kanh river.
f. There is gap in the total actual generation of the Sewage and the existing Treatment capacity in contrast to the claim of IMC. However, IMC has already proposed 10 STPs with total 195 MLD capacity to be executed in the next 18 months under Namami Gange Project. Further under Amrit 2.0, the IMC has proposed around 115 MLD total capacity of STP keeping in mind projected population in the year 2040.
Observations and suggestions-
There is doubt about the 100% coverage of existing generation of sewage. However Committee could not verify it as due to heavy rainfall during the visit, the sewers and nallah flowing into the Kanh river could not be inspected since rainwater appeared to be flowing all over. And further sampling could also be not possible.
Further, the Committee is of the following view- Firstly, the STPs collect only from existing pipeline network and anything going untreated in the Kanh river at its origin or midway point will never get treated and will flow all across the city creating bad odour and unpleasantness.
Secondly, the STPs are inefficient as there is gap between the Capacity and inlet quantity of sewage as discussed in 48 succeeding paragraphs. The said information has been sourced from the MP PCB. Therefore the total capacity on paper is not getting utilized and thus further increasing the gap between the generation and treatment.
Thridly, theIMC has not suggested anything about local level treatment through smaller STPs which could be installed at community level with responsibility upon RWAs, Builders, Multi story residential complexes etcwhich could unburden the existing pipeline network and also could have potential to solve the problem of waste water generation from illegal colonies. In this manner the financial burden on IMC will also be relieved.
Fourthly ,IMC could think over monitoring the quality of Kanh river at various points over the entire stretch of the KAnh river and then accordingly plan the solution. At present there is no mechanism to check the quality of the Kanh river at various points.
Fifthly ,The RO MPPCB should ensure monitoring of all the industries located at the catchment of the river Kanhon counts of ETP and STP and necessary action should be taken as per law for not meeting the prescribed standards.
STATUS OFSEWAGETREATMENTPLANTS AND GAP:
As per the info from the MP PCB Indore-
Water supply in Indore city is about 500 M.L.D and 80 MLD by individual tube well. Approx 425 M.L.D. domestic waste water is generated. Indore Municipal Corporation has installed 10 STPs (Total capacity 412.5 MLD) at different locations for the treatment of domestic waste water. Details of STPs with their locations as given by IMC are as follows :
S.No. Name of STPs Capacity Average Inlet Gap in (In MLD) Qty. Month Treatment in May23 (In STPs (In MLD) MLD) 1 Kabitkhedi 245 218.15 26.85 2 Kabitkhedi 78 69.89 8.11 3 Kabitkhedi 12 9 3 4 Pratiksetu 8 7.09 0.91 5 Hukmakhedi 7 5.42 1.58 6 Radhaswami 6 4.76 1.24 7 Nahar bhandara 11 10.91 0.09 8 Ajad Nagar 35 15.57 19.43 Harshddhi (Smart 9 10 5.63 4.37 City) 49 10 Pipliyahana 0.5 0.19 0.31 Total 412.5 346.61 65.89 About 80-90 MLD domestic waste water is getting into Kanh river without treatment.
Apart from above, some other areas like Nepania, Talawali Chanda, Jakhya, Kalindi Gold, Karol Bagh, Gold City, Mangalia, Singapore Township, Kailaudhala, Venmont Park, Royal Green etc. which are within IMC limit sewage treatment plants (STPs) are not installed so far for treatment of domestic wastewater of these areas and approx 16-20 MLD untreated domestic wastewater is discharged into Kanh River through different nallahs. IMC has proposed to install more STPs for treatment of domestic wastewater of above areas.
The Committee decided to visit STPs at 02 locations randomly so Azad Nagar&CP Shekhar STP which are having 35 and 10 MLD treatment capacity respectively were visited. Observations at STP sareas follows:
1. SewageTreatmentPlantat AzadNagar (35 MLD):
Indore Municipal Corporation has installed 35MLD wastewater treatment plant, plant is run by M/sLC Infra Projects Private Limited.The STP found operating. Treated water found discharging in Kanh River. Sample of treated effluent was collected during inspection and analysis report is given. It was observed due to high flood condition back flow of river comes in treated water tank, however it is abnormal condition hence water.
2. Sewage Treatment Plant Harsiddhi (10 MLD):
Indore Municipal Corporation has installed 10MLD waste water treatment plant based on SBR technology, plant is run by M/sLC Toshiba Water Solutions Private Limited. The STP found operating. Due to back flow of water from river to STP sampling could not be done. The chlorination and OCEMS system found installed.
01. STP at Azad nagar near zoo (35 MLD) Due to back flow of river at the time of visit no discharge from the STP was observed, however STP was operational.
Proposed Action Plan to control discharge of domestic wastewater in Kanh River by Indore Municipal Corporation :
501. Municipal Corporation Indore has proposed to install 10 more STPs and 02 CETPs at different locations. Municipal Corporation Indore has submitted details of proposed STPs/CETPs with work under progress & proposed under Amrit -2, Namami Gange Phase-1, Namami Gange Phase-2 vide their letter no. 287 dated 27/06/2023 proposed STPs/CETPs are as follows :
I. Work under progress
S.No Location Capacity of STP in
MLD
1 near Sirpur lake 20
II. Proposed work under Amrit-2 Yojna
No. Location Capacity of STP in
MLD
1 Garipipaliya 80
2 Chota Bangagda 35
III. Work proposed Under Namai Gange Phase-1
No. Location Capacity of STP in
MLD
1 Kanadia area 40
2 Kila Maidan 35
3 Kabitkheri 120
IV. Work proposed Under Namai Gange Phase-2
No Location Capacity of STP in
MLD
1. Near Laxmi Memorial Hospital 35
2. North Toda 35
3. Mhow Naka 40
4. Near Choitram Hospital 35
5. CETP at Village Kumhedi 10
6. CETP at Palda 10
SOLID WASTE MANAGEMENT BYINDORE MUNICIPAL
CORPORATION :
1. The Population of Indore City is about 29,96,000. Indore City is divided in 85 wards and in 19 administrative zone.
2. Solid waste collection per day is approx 1175 Ton, out of which about 675 TPD is wet waste and about 500 TPD is dry waste and plastic waste.
3. Municipal Corporation has arrangement of door-to-door collection, segregation of MSW at source, transportation facilities, transfer points, waste treatment and disposal 51 facilities.
4. IMC has installed 550 TPD Bio CNG Plant for wet waste treatment, 300 TPD dry waste processing and 44 & 100 TPD decentralized Material Recovery Facility (MRF) and sanitary landfill site at Devguradia. IMC has installed 100 TPD Construction & Demolition waste treatment plant also at Devguradia and 20 & 15 TPD decentralized Bio CNG plants at Choithram Mandi &Kabitkhedi.
5. In this way IMC has collected all kind of waste and disposed properly, no solid waste is disposed around bank of River Kanh except from the illegal slums at the banks of the river.
INSPECTION OF INDUSTRIAL AREAS ANWER ROAD INDORE:
01 CETP at Sanwar Industrial area (4 The CETP was not in MLD) operation only aeration system found functional. However as informed by municipal corporation treated water is being sent to another STP of 245 MLD located at Kabitkhedi.
Committee has visited Industrial Area Sanwer Road, Indore. TheArea is divided in 06 sectors i.e. A, B, C, D, E & F. Mostly small scaleindustriesarelocated inthisarea.There are total of 345 registered industries in this area. The list was however not been provided to the Committee.
As per the information received from the MPPCB, the industries which generate industrial waste water have installed Pre Effluent Treatment Plant and sent their partially treated Effluent to CETP located for industrial area for further treatment and disposal. The CETP has been installed by the Indore Municipal Corporation. As per the information given, it has come to notice that IMC has laid down pipeline network for collection of waste water in industrial area Sector- C,E & Fand from the remaining area like Sector- A,B. D waste eater is conveyed through tankers. The Joint Committee considers this as bone of contention and thus appears to be an eyewash to trick authorities into believing that the effluents are being disposed of properly.
.
It has been observed that at many places pipeline 52 was choked or damaged and leakage/seepage of wastewater Meets to nallah and which ultimately meets the Kanh River and affect the water quality of the Kshipra River.
Kumedi & Bardari is located adjacent to the Sanwer Road Industrial Area. These areas are located adjacent to the Industrial Area Sanwer Road and here also some industries are established and operating. Wastewater of the industries at Kumedi and Bardari is also sent to CETP through tankers fortreatment.
There is a nallah passing through Sanwer Road Industrial Area i.e. Narvar Nallah which comes from up-stream of Industrial Area and passes through the Industrial Area, after that it meets to Kanh River after flow of approx 10 kilometers. Domestic effluent from the colonies located at up-side of the industrial area is discharged into this Nallah and Industrial effluent to some extent also meets to this nallah due to damaged pipelines which carry industrial effluent from industry to CETP.
Another nallah namely Bhorasala Nallah originates from Bhorasala Village which passes through Village- Kumedi and ultimately meet Narvar Nallah at downstream of Kumedi. This nallah also carry waste water from Colonies located in nearby areas.
OBSERVATION a. Indore Municipal Corporation has installed CSETP capacity 4MLD (1MLDindustrial+3MLD domestic) for treatment of industrial wastewater. CSETP was found partially operating it has been observed that there is no adequate facility for measurement for wastewater coming into CSETP and quantity of treated waste water sending to STP for further treatment. Quality measurement of treated effluent prior to sending it to Kabitkhedi STP has also been not found adequate. Water sample of treated wastewater has been collected, report is given in further para. Treated water of CSETP has been sent for further treatment in 245 MLD STP located at Kabitkhedi. The water sample although collected during visit for checking the compliance with the norms, however excess rain in the area has affected the results and have diluted the inlet water quality. Thus true picture could not come out.
b. CETP is not having Zero Liquid Discharge (ZLD) arrangement for disposal of treated effluent, like Ultra filtration, Reverse osmosis, Multi Effect Evaporator (MEE) & ATFD Dryer and treated water is not being reused by the member unit again.
53c. CETP is not found operating properly and waste water is claimed to be pumped to 245 MLD STP, however there is no record of pumping, no flow meter to measure the quantity of effluent sent to STP for treatment, no proper record of effluent coming via tankers and pipelines. Pipeline laid earlier for collection of industrial effluent was also reported damaged and chocked at many places and waste water is spilled out to surface water drains/local drains of industrial area which meets to nallah passing through industrial area (i.e.Narvar Nallah). There is no check whether industry has disposed their partially treated effluent to CETP pipeline.
d. Capacity of CETP along with conveyance system according to generation of waste water quantitatively and qualitatively has not been assessed so far. CETP was receiving wastewater from industry located very far areas from CETP location up to 10 kilometers also. There is no check on the industries sending their effluent by tanker to CETP is it actually receiving or not.
e. There is no measuring device at outlet of CETP to measure the quantity of industrial effluent being sent into the 245 MLD STP and quantity of wastewater discharged into the River Kanh/reuse in other purposes.
f. The treated waste from this CETP is being sent back to STP at Kabitkhedi. The rationale behind such an arrangement could not be explained by the IMC officers. Therefore there is no Zero Liquid Discharge facility available.
g. At the time of visit the CETP was not working due to rainfall but the Industries were running and the IMC officers could not explain about where this huge untreated industrial effluents being generated by Industries were going.
h. On asking about how the solid waste from the industries like Plastic is being carried upto the CETP, the IMC officers pointed to the same pipeline network. This arrangement thus was apparently absurd. And on further questioning about clogging of the pipes through the solid waste, the IMC officers could not give satisfactory explanation.
i. For ruling out any deviation andeyewash, the committee asked for various data like amount of 54 effluent generated from each industry, , how many tankers have GPS facility, any method of tracking the movement of tankers. However the IMC officers were clueless and shaked their heads irresponsibly.
j. It has been stated that around 92 industries use tanker facility for carrying out the transfer of effluents from Industries upto CETP.
k. There seems to be no action plan for replacing this arrangement of Tanker system with connecting with new pipelines.
l. There is no record of amount of Effluent generated from each industry and its tallying with the amount of effluent received at the CETP. This lack of data leaves serious data about deliberate diversion and leakage of untreated industrial effluent which anyway would ultimately be going to Kanh river.
m. The hazardous waste generated after treatment was lying in the open shed at the CETP where the rain water is seeping out the waste from the shed area into the adjoining field. Thus there is violation of Hazardous and other Wastes (Management & Transboundary Movement) Rules, 2016.
n. The nallah at the industrial area is untapped and possibility of Effluent going in to this Nallah cannot be ruled out.
o. The RO MPPCB Indore has no control over the proper functioning of the CETP as it is under the control of the Municipal Commissioner. And thus fixing accountability for all aforesaid deviations is practically difficult.
Recommendations-
a. The Sanwer industrial area was setup on the existing sewer pipeline network and thus a separate network exclusively for the industries is required to be setup. Moreover the old pipelines are broken and damaged at various places and the effluents are leaking at various places.
b. There should be GPS installation and tracking of all tankers registered for carrying out the transfer of effluents from the Industries upto the CETP.
c. The amount of Effluents generated from all industries should be recorded individually and should match with the Effluents received at the CETP.
55d. The solid waste generated from the industries should be collected and treated separately.
e. The Treatment facility should be Zero Liquid Discharge and the waste water generated should be put to reuse by the Industries there.
f. The existing nallah in the Sanwer Industrial Area should be closed as it prompts the wrong doers to discharge their waste into it.
g. The extreme situations must call for extreme measures and thus the Industries must be closed during the period the CETP is not working. For instance during rainfall the CETP was not found working and the industries were discharging there effluents illegally intoKanh River.
h. With the development of new STPs under Namami Gange etc., the Sanwer Industrial Area and its CETP should be delinked from domestic sewage treatment and CETP should exclusively be operated for treating Industrial Effluent only. The mixed treatment is preventing the efficient treatment of industrial effluent.
i. From the point of view of ensuring compliance, the Committee is of the view that the responsibility of running the CETP should be transferred to the association of industries itself rather than upon the Commissioner of IMC. The said transfer is necessary from the standpoint of fixing accountability as the Industries at present has no accountability w.r.t.proper working of CETP. On one hand the Industries at present have no interest in proper running of the CETP and on the other hand the Municipal Commissioner would rarely follow the instructions and directions of the RO MPPCB Indore.
WASTEWATER TREATMENT FACILITIES AT M/S PATANJALI FOOD PRODUCTS (OLD NAME M/S RUCHI SOYA) MANGALIYA, INDORE :
This is vegetable oil refinery having total capacity of solvent extraction plants - 3750 TPD and refineries - 750 TPD. Industry has consent for solvent extraction of seeds-1125000 MT/Year and refined oil - 225000 MT/Year.
The industry has primary, secondary and tertiary treatment based Effluent treatment plant having Oil & 56 Greece Trap, Equalization Tank, Screen Chamber, Primary Settling Tank, Aeration Tank, Clarifier, Flash Mixer, Treated Water Collection Tank, Reverse Osmosis (RO) systems for treatment and disposal of wastewater. Industry has installed Multi Vapor Re-compression (MVR)/Evaporator for treatment and disposal of wastewater generating from acid oil manufacturing unit. Treated effluent from RO is reused in boiler cooling etc. in the factory.
Treated effluent is reused within premises and plantation, green belt development. No wastewater discharge outside premises and therefore no discharge of effluent into Kanh River. The water sample also collected from outlet of the unit and found complying w.r.to consent condition.
However, the Hazardous waste was stored into shed where rainwater was draining out the hazardous waste into the surrounding area.
The drums containing the liquid alum chemical used for water treatment was not stored properly and the leakage was found around it.
01. M/s Ruchi Soya Mangliya Indore The unit found operational but due to overflowing of nearest talab plant premises also affected. ETP of 120 KLD found operational.
Treated Water Quality Analysis
S. Paramete Unit M/s Ruchi Azad nagar CETP Remarks
No. rs Soya ETP STP outlet outlet at
outlet Sanwer
road
1 Temperat Centigra 25.2 26 25.8 On the
ure de basisof the
analysis
results it
can be
concluded
that none
of the
parameter
is showing
abnormal
values.
2 pH pH unit 7.53 7.65 7.39
3 Conducti uS 2026 603 1290
v ity
57
4 Total mg/l 38 12 11
Suspend
ed Solids
5 Total mg/l 1016 324 658
Dissolved
Solida
6 COD mg/l 73 21 53
7 BOD mg/l 13 03 10
8 Chloride mg/l 99 74 259
9 O&G mg/l 1.8 1.2 1.8
10 SO4 mg/l 80 34 62
11 Faecal FC/100 -- 70 --
Coliform ml
12 Total TC/100 -- 220 --
Coliform ml
13 Copper mg/l BDL BDL BDL
14 Zinc mg/l 0.020 0.010 0.060
15 Lead mg/l BDL BDL BDL
BDL-Below Detection Limit
The above all treated water samples complying the standard of treated water discharged at the time of visit.
Conclusion:
In the view of the above inspection and survey by the committee it can be concluded that River Kshipra is not getting polluted from Indore stretch as in this area there is no industrial cluster located at the bank of Kshipra and encroachment was also not observed in visited stretch which is also accepted by applicant.
The Kanh river passes through Indore city, as the river is non-perennial in nature, during monsoon season, the river carries good discharge whereas in non-monsoon season, it mostly remains dry and carrying only city sewage. River Kanh is major culprit for Kshipra River pollution which joins it at Ujjain.The IMC submitted the proposed action plant to bridge the remaining gap between generation and treatment of waste water. The proposed recommendation regarding design analysis of the STPs in the IMC area should be incorporated in the strategy of IMC. The 195 MLD capacity of proposed STP should be completed in time bound manner of 18 months as suggested by the IMC officials. There are serious flaws and loopholes which are leading to serious violations in the working of CETP at Sanwer Industrial 58 Area and the recommendation/suggestion made herein must be considered by the IMC.
Due to rainfall, the major purpose of the visit could not be achieved, which is the sampling from all the STPs and CETP and few random locations to check the true water quality. And hence second visit is proposed for finalizing the report and to complete the remaining work.
13. The State PCB has further submitted the action taken report as follows :
Background and specific issues in this matter :-
1. To collect status of STP operation,
2. How may swage drain still directly discharging the water in Kshipra River.
3.To collect data related to STP construction, Gap in sewage treatment and generation.
4. Sewage pumping stations.
5. Status of Encroachments .
6.Mining activity in Kshipra river belt and red colour in Kshipra River water.
7. Water sampling locations of Kshipra River, STP, Swage drain and CETP.
8. Discussion on previously submitted Report on Kshipra River Rejuvenation Project.
9. Status of industrial waste water treatment in Ujjain area.
10.Solid Waste Management.
Factual Observations:-
A. To collect the relevant information, to verify / cross check the observation/ Information made by Joint Committee in its report & information provided during discussion with Concern departments the committee decided to take all the issues mentioned in original application by visiting following places:-
1. The entrance point of Kshipra river Ujjain district.59
2. Pipliya Ragho Stop Dam on Kahn River.
3. Kahn river diversion point from Pipliya Ragho to Kaliyadeh Palace.
4. Confluence point of Kshipra & Kahn river at Triveni Sangam.
5. All the major Snan Ghats like Gaughat, Ramghat , Siddhwat etc.
6. The entire major Nallahs meeting to Kshipra River in its entire stretch in Ujjain district. Particularly Moti Nagar Nallah, Piliya Khal Nallah & Bherugarh Nallah.
7. Sewage Treatment Plant of capacity 83 MLD & 92.5 MLD & FSTP at Ujjain.
8. Encroachment status along Kshipra River.
9. Industrial areas of Ujjain city.
10.Mining activity in Kshipra river belt particularly at Hatiya Khedi Mahidpur and red colour in Kshipra River water.
11.All the sewage pumping stations & diversion point constructed under NRCP, Ujjain.
12.Solid Waste Management sites.
B. There was Heavy rains in & around Ujjain District on 15 & 16th September 2023, the Kshipra River was over flowing due to which all the major Snan Ghats & temples on the bank of the river were submerged. The water logging was there in the all low lying area of Ujjain city. The flood in Kshipra River was reported in its entire stretch in Ujjain district.
C. Due to Heavy flood & water logging in low lying area of Kshipra River in Ujjain district the committee was unable to visit the most of the places mentioned above. However, the committee visited the following approachable points :-
1. The entrance point of Kshipra river Ujjain district : Gram Alampur Udana.
2. Confluence point of Kshipra & Kahn river at Triveni Sangam & Moti Nagar nallah.60
3. Bherugarh Nallah & Siddhwat Pumping Station.
4. Piliya Khal Nallah & Kshipra river at Mangalnath.
5. Kshipra river at Kaliyadeh Palace.
6. End point of Sewage Treatment Plant 83 MLD capacity near Ujjain-
Nagda by pass road - (Team was unable to reach at the entrance of STP due to water logging)
7. Industrial area Maxi road Ujjain visit - M/s Saurabh Industry (Chemical Industry), M/s Osmed Formulation & M/s Alchemy Chemical (Herbal Extraction Unit) during visit ETP found operational & no discharge outside the premises was observed.
14. Learned counsel for the state has submitted that these matters were already taken by the Principal Bench of this Tribunal in original application no. 606/2018 which was in compliance of the order of the Hon'ble the Supreme Court of India WP No. 888/1996 and WP No. 375/2012 and the matter was finally heard and decided vide order dated 10.11.2022 the relevant portion are quoted below :-
"The Issue - Monitoring of compliance of waste in terms of orders of Hon'ble Supreme Court dated 02.09.2014 and 22.02.2017.
1. The issues of solid as well as liquid waste management are being monitored by this Tribunal as per orders of the Hon'ble Supreme Court -
Conclusion
57. We hope in the light of interaction with the Chief Secretary, the State of Madhya Pradesh will take further measures in the matter by innovative approach and stringent monitoring, ensuring that gaps in solid and liquid waste generation and treatment are bridged at the earliest, shortening the proposed timelines, adopting alternative/interim measures to the extent and wherever found viable. Restoration plans need to be executed at the earliest simultaneously in all districts/cities/ towns/ 61 villages in a time bound manner without further delay. Compliance be ensured by Chief Secretary.
58. As already observed, it will also be open to the State to plan raising of requisite funds from generators/contributors of waste or by any other legal means.
59. In our recent order dated 01.09.2022 in O.A No. 606/2018 (in respect of State of West Bengal), considering scale of compensation adopted in earlier cases including in OA No. 1002/2018, Abhisht Kusum Gupta vs. State of Uttar Pradesh & Ors., compensation was determined @ Rs. 2 Crore per MLD for untreated liquid waste and in OA No. 286/2022 for unprocessed legacy waste compensation was fixed @ Rs. 300 per MT to be utilized for restoration measures, including preventing discharge of untreated sewage and solid waste treatment/processing facilities, as per appropriate mechanism for planning and execution that may be evolved, within three months. Operative part of the said order is reproduced below:-
"Conclusion about quantum of compensation "49. In the light of above and considering damage to the recipient environment, we hold that apart from ensuring compliance at the earliest, compensation has to be paid by the State for past violations. The amount of compensation is fixed @ Rs. 2 crore per MLD (at which rate compensation has been levied against Noida and DJB in OA No. 1002/2018, Abhisht Kusum Gupta vs. State of Uttar Pradesh & Ors, referred to in para 48 above for detailed reasons mentioned therein). As noted earlier, gap in generation and treatment in West Bengal, as per data furnished is 1490 MLD. Thus, under this head, liability of the State of West Bengal is to pay compensation of Rs. 2980 crores, rounded off to Rs. 3000 crore in view of continuing damage. For failure 62 to process solid waste, unprocessed legacy waste being 1.20 crore MT, compensation is assessed @ Rs. 300 per MT (at which approximate rate compensation has been awarded in OA No. 286/2022 against Municipal Corporation, Ludhiana, for the reasons given therein). This works out to Rs. 366 crore but adding 134 crore for continuing addition of unprocessed waste @ 13469.19 TPD, the total amount is rounded off to Rs. 500 crore. Thus, final amount of compensation under the two heads (solid and liquid waste) is assessed at Rs. 3500 crores which may be deposited by the State of West Bengal in a separate ring- fenced account within two months, to be operated as per directions of the Chief Secretary and utilised for restoration measures, including preventing discharge of untreated sewage and solid waste treatment/processing facilities, as per appropriate mechanism for planning and execution that may be evolved, within three months. If violations continue, liability to pay additional compensation may have to be considered. Compliance will be the responsibility of the Chief Secretary."
Reasons for not levying compensation on State of MP
60. "The Chief Secretary Madhya Pradesh fairly accepts that there is gap of about 1500 MLD in sewage generation and treatment. In normal circumstances, the State would be liable to pay compensation of Rs. 3000 crore at the scale of compensation fixed in other States. However, it is pointed out that in Madhya Pradesh, already more than Rs. 9000 crores stands allocated on the subject. There are ongoing sewerage projects for 465 MLD for which amount of Rs 2366 crore stands ring- fenced. Further, amount of Rs 7388 crore stands ring-fenced for sewage treatment facilities which is approved by State cabinet under the AMRUT 2.0 and SBM 2.0 schemes.
Out of the said amount, Rs 4657 crore is the 63 State share while Rs 2731 crore is Government of India's share, in a phased manner. It is submitted that even if GoI fails to comply with its commitment of Rs. 2731 crore, the State of Madhya Pradesh would abide by its commitment of Rs 4657 crore for the treatment of wastewater in a scientific manner. Thus, the State has made provision for Rs. 9688 crores in a ring-fenced manner for wastewater treatment. In these circumstances, there does not appear to be a case for levy of compensation but the State will be bound by this stand and allocation of funds and must make meaningful progress in the matter in next six months."
Assistance by State of MP to other States for executing work on Indore pattern
61. In view of apparently successful waste management model at Indore, we have suggested to the Chief Secretary, MP to offer assistance in training and capacity building to other States and the Chief Secretary has fairly agreed to offer such held by addressing a communication to Chief Secretaries of all States/UTs on the subject. He has further stated that in the State of Madhya Pradesh, MP Urban Development Company has been registered under the Companies Act in the year 2014 which caters to the process of giving contracts for handing waste which pattern may be considered by other States/UTs, if found viable.
Directions for further follow up
62. Further, six monthly progress reports with verifiable progress may be filed by the Chief Secretary with a copy to the Registrar General of 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.
64Copies thereof may be furnished to the NMCG, MoUD and CPCB and also be placed on the website of the State Government.
A copy of this order be forwarded for compliance to the Chief Secretary, Madhya Pradesh, Secretary, Ministry of Housing and Urban Development, MoEF&CC, GoI, National Mission for Clean Ganga and CPCB by e-mail."
15. It is argued by the learned counsel for the applicant that Hon'ble Supreme Court of India in the case "Friends Colony Development Committee vs. State of Orissa and Other [(2004) 8 SSC 7331] observed as follows :-
"In all developed and developing countries there is emphasis on planned development of cities which sought to, be achieved by zoning, planning and regulating building construction activity. Such planning, though highly complex is a matter based on scientific research, study and experience leading to rationalization of laws by way of legislative enactments and rules and regulations framed there under. Zoning and planning do result in hardship to individual property owners as their freedom to use their property in the way they like, is subjected to regulation and control. The private owners are to some extent prevented from making the most profitable use of their property. But for this reason alone the controlling regulations cannot be termed as arbitrary or unreasonable.
The private interest stands subordinated to the public good. It can be stated in a way that power to plan development of city and to regulate the building activity therein flows from the police power of the State. The exercise of such governmental power is justified on account of it being reasonably necessary 65 for the public health, safety morals or general welfare and ecological considerations; though unnecessary or unreasonable intermeddling with the private ownership of the property may not be justified."
16. It is further submitted that illegal constructions/encroachments upon riverbeds/banks/ hills causing harm to the environment of the river, polluting natural water and damaging water bodies, defacing the beauty of the river and damaging its environment, hills and the heritage sites are irreversible and permanent. For that constructions of concrete buildings, cutting of trees near river sites and blowing up of the hills for vested interests will be a great loss to nature and environment. It is further argued that the water is the most essential requirement to sustain the human life and, therefore, there is need to preserve and protect it. The sources from which water is available is well known. Each source carries along with it special characteristics and bio-diversity which sustains the source. The courts are under obligation to see the protection and preservation of these water resources and Prevention of its contamination.
17. The Learned Counsel for the MoEF&CC has argued that Water is a state subject and tackling the various sources of pollution in rivers, i.e. sewage, industrial pollution, solid waste, open defecation, agricultural run-off, dumping of dead bodies etc falls under the civic, health and sanitation are responsibilities of the State Governments, including Madhya Pradesh. States / Municipalities/ urban Local Bodies, therefore are having the primary responsibility in tackling the sources of pollution in their respective jurisdiction out of their budget and internal revenue generation. The central Assistance can only supplement the efforts of the States in fulfilling their responsibilities, 66 in providing basic civic facilities (like sewage treatment and safe disposal systems, solid waste management, sanitation facilities etc.) and development of civic infrastructure. Preparation of Master plan, solid waste management and removal of encroachments along the river banks is the responsibilities of the state) government local bodies.
18. A total of 102 nallahs have been discharging polluted water since years. The report also pointed out the use of chemical fertilizers in farmlands near the Narmada. Illegal sand miners are active in 28 districts of Madhya Pradesh. They use boats and pipeline to excavate sands from water, which is highly objectionable and an unscientific practice. The sand absorbs water and then recharges groundwater too. This practice is destroying the natural process of the river. In a study available on public domain reveals that after the lockdown, the reduced flow of industrial effluents and domestic sewage in the river has made a positive impact on the quality of the water in the river which travels 900 plus Kms. through 14 districts of Madhya Pradesh before flowing into Gujarat. A study of river water samples collected from five ghats of Hosangabad district, Collectorate, Circuit House, Post Office Sethani and Gwarighat, during lockdown the water quality was found to be improved. The matter is follow up of judgment of the Hon'ble Supreme Court which mandates establishment and functioning of requisite ETPs/CETPs/STPs by 31.3.2018 and in default, to take coercive measures. The judgement also laid down rigid timelines, enforcement mechanism and sources of funding. Even in absence of the said judgement, doing so is the mandate of the Water (Prevention and Control of Pollution) Act, 1974. The said Act established Central and State Pollution Board for prevention, abatement and control of rivers and streams and to restore wholesomeness of watercourses and controlling discharge of domestic 67 and industrial wastes. Penalties are provided for contravention of the provisions of the Act. The Constitution of India under Article 243 W read with 12th Schedule entrusts responsibility of ―public health, sanitation conservancy and solid waste management to Municipalities. The Hon'ble Supreme Court held that the States will provide necessary support to such local bodies. This is to be monitored by the PCBs and the Secretaries, 22 Environment in States and thereafter by the NGT. This Tribunal has been accordingly monitoring compliance in the last four years but regretfully with little progress as will be shown by the statistics.
19. It is further submitted that the matter of the rivers was taken up in O.A. No. 673/2018 titled as More River Stretches are now critically polluted and in O.A. No. 593/2017 with report of the CMC in Paryavaran Suraksha Simiti & Ors. Vs. Union of India and vide order dated 22.02.2021 it was observed that actions for rejuvenation of the identified polluted river stretches in the country for which major steps is preventing discharge of industrial and domestic waste in river or drains is connected thereto was taken by this Tribunal.
20. The matter relates to remedial action for rejuvenation of 351 identified polluted river stretches in the country, for which major step is preventing discharge of industrial and domestic waste in rivers or drains connected thereto. On this aspect both the matter overlap. Other steps include preventing dumping of solid waste, plastic, hazardous, bio-medical and electronic wastes, regulation of flood plain zones, by keeping catchment areas free from encroachments, maintaining environment flow by adopting appropriate water conservation practices and other steps, controlling extraction of ground water, afforestation etc. The Tribunal required setting of River Rejuvenation Committees (RRCs) 68 in all States for the purpose. They were to prepare and execute action plans, with budgets and timelines to give effect to the mandate of law. The Chief Secretaries of all States/UTs are to monitor compliance at State level and the Central Monitoring Committee (CMC) headed by the Secretary Jal Shakti, GoI, with CPCB and NMCG is to monitor compliance at national level. The situation continues to be grim, as has been repeatedly observed by this Tribunal. The polluted river stretches include Ganga and Yamuna, which have been dealt with by separate orders, apart from some other rivers which have been dealt with by separate orders individually, to which reference will be made.
21. By order of 28.08.2019 in OA 593/2017, the Tribunal set up a compensation regime for default. The Tribunal considered the CPCB reports dated 30.05.2019, 19.07.2019 and 14.08.2019 with compiled status of setting up of ETPs/ CETPs/STPs and methodology for assessment of environmental compensation. The compensation regime discussed in the said order is quoted below:
"14. A report has also been prepared on the scale of environmental compensation to be recovered from individual/authorities for causing pollution or failure for preventing causing pollution, apart from illegal extraction of ground water, failure to implement Solid waste Management Rules, damage to environment by mining and steps taken to explore preparation of an annual environmental plan for the country. Extracts from the report which are considered significant for this order are:
"I. Environment Compensation to be levied on Industrial Units 69 Recommendations The Committee made following recommendations:
To begin with, Environmental Compensation may be levied by CPCB only when CPCB has issued the directions under the Environment (Protection) Act, 1986. In case of a, band c, Environmental Compensation may be calculated based on the formula "EC= Pl x N x Rx S x LF", wherein, Pl may be taken as 80, 50 and 30 for red, orange and green category of industries, respectively, and R may be taken as 250. Sand LF may be taken as prescribed in the preceding paragraphs.
In case of d, e and f, the Environmental Compensation may be levied based on the detailed investigations by Expert Institutions/Organizations.
The Hon'ble Supreme Court in its order dated 22.02.2017 in the matter of Paryavaran Suraksha Samiti and another v/s Union of India and others {Writ Petition {Civil) No. 375 of 2012), directed that all running industrial units which require "consent to operate" from concerned State Pollution Control Board, have a primary effluent treatment plant in place. Therefore, no industry requiring ETP, shall be allowed to operate without ETP.
EC is not a substitute for taking actions under EP Act, Water Act or Air Act. Infact, unitsfoundpolluting should be closed/prosecuted as per the Acts and Rules. II. Environmental Compensation to be levied on all violations of Graded Response Action Plan (GRAP) in NCR.
Table No. 2.1:Environmental Compensation to be levied on all violations of Graded Response Action Plan (GRAP) in Delhi-NCR.
Activity State Of Air Quality Environment al Compensatio n () Industrial Severe +/Emergency Rs 1.0 Crore Emissions Severe Rs 50 Lakh Very Poor Rs 25 Lakh Moderate to Poor Rs 10 Lakh Vapour Recovery System (VRS) at Outlets of Oil Companies i. Not installed Target Date Rs 1.0 Crore ii. Non functional Very poor to Severe + Rs 50.0 Lakh Moderate to Poor Rs 25.0 Lakh Construction Severe +/Emergency Rs 1.0 Crore 70 sites (Offending Severe Rs 50 Lakh plot more than Very Poor Rs 25 Lakh 20,000 Sq.m.) Moderate to Poor Rs 10 Lakh Solid waste/ Very poor to Severe + Rs 25.0 Lakh garbage dumping in Industrial Moderate to Poor Rs 10.0 Lakh Estates Failure to water sprinkling on unpaved roads
a) Hot-spots Very poor to Severe + Rs 25.0 Lakh
b) Other than Hot-
spots Very poor to Severe + Rs 10.0 Lakh III. Environmental Compensation to be levied in case of failure of preventing the pollutants being discharged in water bodies and failure to implement waste management rules:
Table No. 3.3: Minimum and Maximum EC to be levied for untreated/partially treated sewage discharge Class of the Mega-City Million- Class-I City/Town plus City/Town City and others Minimum and Min. 2000 Min. 1000 Min. 100 Maximum values Max. Max. Max.
of EC (Total
Capital Cost 20000 10000 1000
Component)
recommended by
the Committee
(Lacs Rs.)
Minimum and Min. 2 Min. 1 Min. 0.5
Maximum values Max. 20 Max. 10 Max. 5
ofEC (O&M Cost
Component)
recommended by
the Committee
(Lacs Rs./day)
TableNo.3.4: Minimum and Maximum EC to be levied for improper municipal solid waste management Class of the City/Town Mega-City Million-plus Class-I City City/Town and others Minimum and Min. Min. 500 Min.
Maximum values of 1000 Max. 100 EC (Capital Cost Component) Max. 5000 Max. recommended by the 10000 1000 Committee (Lacs Rs.) Minimum and Min. 1.0 Min.0.5 Min.0. Maximum values of Max. Max.5.0 1 EC (O&M Cost Component) 10.0 Max.1. recommended by the 0 Committee (Lacs Rs./day)
Environment Compensation for Discharge of Untreated/Partially Treated Sewage by Concerned Individual/Authority:
BIS 15-1172:1993 suggests that for communities 71 with population above 100,000, minimum of 150 to 200 lpcd of water demand is to be supplied. Further, 85% of return rate (CPHEEO Manual on Sewerage and Sewage Treatment Systems, 2013}, maybe considered for calculation of total sewage generation in a city. CPCB Report on "Performance evaluation of sewage treatment plants under NRCD, 2013", describes that the capital cost for 1 MLD STP ranges from 0.63 Cr. to 3 Cr. and O&M cost is around Rs. 30,000 per month. After detail deliberations, the Committee suggested to assume capital cost for STPs as Rs. 1.75 Cr/MLD (marginal average cost). Further, expected cost for conveyance system is assumed as Rs. 5.55 Cr./MLD (marginal average cost) and annual O&M cost as 10% of the combined capital cost. Population of the city may be taken as per the latest Census of India. Based on these assumptions, Environmental Compensation to be levied on concerned ULB may be calculated with the following formula:
EC= Capital Cost Factor x [Marginal Average Capital Cost for Treatment Facility x (Total Generation-Installed Capacity) + Marginal Average Capital Cost for Conveyance Facility x (Total Generation -Operational Capacity)]+ O&M Cost Factor x Marginal Average O&M Cost x (Total Generation- Operational Capacity) x No. of Days for which facility was not available+ Environmental Externality x No. of Days for which facility was not available Alternatively;
EC (Lacs Rs.)= [17.S{Total Sewage Generation - Installed Treatment Capacity)+ 55.S{Total Sewage Generation-OperationalCapacity)] + 0.2(Sewage Generation-Operational Capacity) x N + Marginal Cost of Environmental Externality x (Total Sewage Generation- Operational Capacity) XN Where; N= Number of days from the date of direction of CPCB/SPCB/PCC till the required capacity systems are provided by the concerned authority Quantity of Sewage is in MLD xxx................xxx.......................xxx Environment Compensation to be Levied on Concerned Individual/Authority for Improper Solid Waste Management:
Environmental Compensation to be levied on concerned ULB may be calculated with the following formula:72
EC=Capital Cost Factor x Marginal Average Cost for Waste Management x (Per day waste generation-Per day waste disposed as per the Rules) + O&M Cost Factor x Marginal Average O&M Cost x (Per day waste generation-Per day waste disposed as per the Rules) x Number of days violation took place + Environmental Externality x N Where;
Waste Quantity in tons per day (TPD) N= Number of days from the date of direction of CPCB/SPCB/PCC till the required capacity systems are provided by the concerned authority Simplifying;
EC (Lacs Rs.) = 2.4(Waste Generation - Waste Disposed as per the Rules) +0.02 (Waste Generation Waste Disposed as per the Rules) x N + Marginal Cost of Environmental Externality x (Waste Generation - Waste Disposed as per the Rules) x N xxx................xxx.......................xxx II. Environmental Compensation in Case of Illegal Extraction of Ground Water 1.5 Formula for Environmental Compensation for illegal extraction of ground water The committee decided that the formula should be based on water consumption (Pump Yield &Time duration) and rates for imposing Environmental Compensation for violation of illegal abstraction of ground water. The committee has proposed following formula for calculation of Environmental Compensation(EC Gw):
ECGW = Water Consumption per Day x No. of Days xEnvironmental Compensation Rate for illegal extraction of ground water {ECRGw) Where water Consumption is in m /day and ECRGw in Rs./m3 3 Yield of the pump varies based on the capacity/power of pump, water head etc. 73 For reference purpose, yield of the pump may be assumed as given in Annexure-VI.
Time duration will be the period from which pump is operated illegally.
In case of illegal extraction of ground water, quantity of discharge as per the meter reading or as calculated with assumptions of yield and time may be used for calculation ofECGw.
Environmental Compensation Rate (ECRGw) for illegal use of Ground Water:
The committee decided that the Environmental Compensation Rate (ECR Gw) for illegal extraction of ground water should increase with increase in water consumption as well as water scarcity in the area. Further, ECR Gw are kept relaxed for drinking and domestic use as compared to other uses, considering the basic need of human being.
As per CGWB, safe, semi-critical, critical and over- exploited areas are categorized from the ground water resources point of view (CGWB, 2017). List of safe, semi- critical, critical and over- exploited areas are available on the website of CGWB and can be accessed from- http://cgwa-
noc.gov.in/LandingPage/NotifiedAreas/Categ orization0fAssessmentUnits.pdf#ZOOM=150 .
Environmental Compensation Rates (ECR G w) for illegal use of ground water (ECR G w) for various purposes such as drinking/domestic use, packaging units, mining and industrial sectors as finalized by the committee are given in tables below:
ECRGw for Drinking and Domestic use:
Drinking and Domestic use means uses of ground water in households, institutional activity, hospitals, commercial complexes, townships etc. 74 Water Consumption (m3/day) SI.
No. Area <2 2 to 5 to 25 &
<5 <25 above
Category Environmental Compensation Rate
(ECRGw) in Rs./m3
1 Safe 4 6 8 10
2 Semi Critical 12 14 16 20
3 Critical 22 24 26 30
4 Over-Exploited 32 34 36 40
Minimum ECGw=Rs 10,000/- (for households) and Rs. 50,000 (for institutional activity, commercial complexes, townships etc.) ECRGw for Packaged drinking water units:
Water Consumption (m3/day)
SI. Area <200 200 to 1000 to 5000
No. Category <1000 <5000 &
above
Environmental Compensation Rate
(ECRGw) in Rs./m3
1 Safe 12 18 24 30
2 Semi critical 24 36 48 60
3 Critical 36 48 66 90
4 Over- 48 72 96 120
exploited
Minimum ECGw=Rs 1,00,000/-
ECRGw for Mining, Infrastructure and Dewatering
Projects
SI. Area Water Consumption (m3/day)
No Category <200 200 to 1000 to 5000 &
<1000 <5000 above
Environmental Compensation Rate
(ECRGw) in Rs./m3
1 Safe 15 21 30 40
2 Semi critical 30 45 60 75
3 Critical 45 60 85 115
4 Over- 60 90 120 150
exploited
Minimum ECGw=Rs 1,00,000/-
ECRGw for Industrial Units:
SI. Area Category Water Consumption (m3/day)
No. 200to 5000
<200 1000 to
<1000 <5000 &
above
Environmental Compensation Rate
(ECRGw) in
75
1 Safe 20 30 40 50
2 Semi critical 40 60 80 10
0
3 Critical 60 80 110 15
0
4 Over-exploited 80 12 16 20
0 0 0
Minimum ECGw = Rs 1,00,000/-
4.8 Recommendations
The committee has given following recommendations:
The minimum Environmental Compensation for illegal extraction of ground water for domestic purpose will be Rs. 10,000, for institutional/commercial use will be 50,000 and for other uses will be1,00,000.
In case of fixation of liability, it always lies with current owner of the premises where illegal extraction is taking place.
Time duration may be assumed to be one year in case where no evidence for period of installation of bore well could be established.
For Drinking and Domestic use, where metering is not present but storage tank facility is available, minimum water consumption per day may be assumed as similar to the storage capacity of the tank.
For industrial ground water use,
where metering is not available,
water consumption may be
assumed as per the consent
conditions. Further, where in case
industry is operating without
consent, water consumption may
be calculated based on the plant
capacity (on the recommendation
of SPCB/PCC, if required).
SPCB/PCC may bring the issue of
76
illegal extraction of ground water
in industries in to the notice of
CGWA for appropriate action by
CGWA.
Authorities assigned for levy EC
and taking penal action are listed
below:
S. Actions Authority
No.
1. To seal the illegal bore- District Collector
well/tube- well to stop
extraction of water and further
closure of project
2. To levy ECGw as per prescribed District Collector,
method
3. To levy EC on water pollution, as CPCB/SPCB/PC per the method prescribed in C report of CPCB- "EC on industrial pollution"
4. Prosecution of violator CGWA under EP Act SPCB/PCC under Air and Water Act CGWA may maintain a separate account for collection and utilization of fund, collected through the prescribed methodology in this report."
The Tribunal noted that deficit in capacity of liquid waste treatment was 62 percent which was the major source of polluting rivers and water bodies. In the said order, the following directions were issued:-
"21. We may now sum up our directions:
(i) The Environmental compensation regime fixed for industrial units, GRAP, solid waste, sewage and ground water in the report dated 30.05.2019 is accepted and the same may be acted upon as aninterim measure.
(ii) SPCBs/PCCs may ensure remedial action against non-77
compliant CETPs or individual industries in terms of not having ETPs/fully compliant ETPs or operating without consent or in violation of consent conditions.
This may be overseen by the CPCB. CPCB may continue to compile information on this subject and furnish quarterly reports to this Tribunal which may also be uploaded on its website.
(iii) All the Local Bodies and or the concerned departments of the State Government have to ensure 100% treatment of the generated sewage and in default to pay compensation which is to be recovered by the States/UTs, with effect from 01.04.2020. In default of such collection, the States/UTs are liable to pay such compensation. The CPCB is to collect the same and utilize for restoration of the environment.
(iv) The CPCB needs to collate the available data base with regard to ETPs, CETPs, STPs, MSW facilities, Legacy Waste sites and prepare a river basin-wise macro picture in terms of gaps and needed interventions.
(v) The Chief Secretaries of all the States/UTs may furnish their respective compliance reports on this subject also in O.A. No. 606/2018.
List for further consideration on 21.05.2020, unless required earlier. A copy of this order be placed on the file of O.A. No. 606/2018 relating to 78 all States/UTs and be sent to Chief Secretaries of all States/UTs, Secretary MoEF&CC, Secretary Jal Shakti and Secretary, MoHUA."
4 It will be appropriate to note the crisis situation in the country on the subject of availability of potable water. The matter has been considered in the report of Niti Aayog on Composite Water Management Index (CWMI).Following further information also needs to be noted:
i. India is suffering from the worst water crisis in its history and millions of lives and livelihoods are under threat. Currently, 600 million Indians face high to extreme water stress and about two lakh people die every year due to inadequate access to safe water7. The crisis is only going to get worse. By 2030, the country's water demand is projected to be twice the available supply, implying severe water scarcity for hundreds of millions of people and an eventual ~6% loss in the country's GDP8. As per the report of National Commission for Integrated Water Resource Development of MoWR, the water requirement by2050 in high use scenario is likely to be a milder 1,180 BCM, whereas the present-day availability is 695BCM. The total availability of water possible in country is still lower than this projected demand, at 1,137BCM. Thus, there is an imminent need to deepen our understanding of our water resources and usage and put in place interventions that make our water use efficient and sustainable.
ii. India is undergoing the worst water crisis in its history. Already, more than 600 million people9 are facing acute water shortages. Critical groundwater resources - which account for 40% of our water supply - are being depleted at unsustainable rates.1 1 Source: World Resource Institute 79 iii. Most states have achieved less than 50% of the total score in the augmentation of groundwater resources, highlighting the growing national crisis-- 54% of India's ground water wells are declining, and 21 major cities are expected to run out of groundwater as soon as 2020, affecting ~100 million people2.
iv. With nearly 70% of water being contaminated, India is placed at 120th amongst 122 countries in the water quality index.
13. As per statistics mentioned before the Lok Sabha on April 6, 2018, waterborne diseases such as cholera, acute diarrhoeal diseases, typhoid and viral hepatitis continue to be prevalent in India and have caused 10,738 deaths, over the last five years since 2017. Of this, acute diarrhoeal diseases caused maximum deaths followed by viral hepatitis, typhoid and cholera3
14. As per 'National Health Profile' published by Central Bureau of Health Investigation, Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, a total of 1535 Deaths due to Acute Diarrhoeal Diseases was reported during the year20134 Main Causes of Pollution of Rivers
15. As already noted, well known causes of pollution of rivers are dumping of untreated sewage and industrial waste, garbage, plastic waste, e-waste, bio-
medical waste, municipal solid waste, diversion of river waters for various purposes affecting e-flow, encroachment of catchment areas and floodplains, over 2 Source: UN Water, 'Managing water under uncertainty and risk', 2010; World Bank (Hindustan Times, The Hindu).
3https://www.indiaspend.com/diarrhoea-took-more-lives-than-any-other-water-borne-
disease-in-india-58143/ 4 http://pib.nic.in/newsite/PrintRelease.aspx?relid=106612 80 drawl of groundwater, river bank erosion on account of illegal sand mining. Inspite of directions to install Effluent Treatment Plants (ETPs), Common Effluent Treatment Plants (CETPs), Sewage Treatment Plants (STPs), and adopting other anti- pollution measures, satisfactory situation has not been achieved. As per CPCB's report 201614, it has been estimated that 61,948 million liters per day (mld) sewage is generated from the urban areas of which treatment capacity of 23,277 mld is currently existent in India. Thereby the deficit in capacity of waste treatment is of 62%. There is no data available with regard to generation of sewage in the rural areas.
xxx...........................xxx ................................ xxx
37. Vide the order dated11.09.2019, in Original Application No.06 / 2012, dealing with river Yamuna, the Tribunal observed as follows:
"12.OneofthemajorconcernsofthisTr ibunalisthat repeated directions remain un-complied and inspite of large scale failures, no accountability is fixed. There is huge loss to public exchequer for which no action is taken. Timelines are conveniently and unilaterally changed. Officers indulge in blame game in shifting responsibility from one to another. There is failure at higher levels in monitoring and taking actions. If this continues, it is difficult to expect any positive change for long. This requires paradigm shift in approach adopted so far. The approach to be adopted is to have clear time-81
bound plan with flexibility and due to accountability for failure by way of departmental action and monetary compensation. The rescheduled timelines have to be compressed so as to complete every action by December, 2020 except where shorter timelines are specified in this order or are otherwise possible. If any contract permits longer timeline, it is clearly in violation of binding orders of the Tribunal which has attained finality.
Violation thereof is per se criminal offence. Such longer timeline has to be consistent with orders of the Tribunal and compressed within 31.12. 2020. Failing to do so may invite criminal prosecution NMCG may also monitor the compliance. The Chief Secretaries of Delhi, Haryana and U.P. have to personally see the compliance and have to set up Monitoring Cell directly under them. Vice Chairman, DDA can also monitor and coordinate with Chief Secretary, Delhi. All other departments can monitor subject to overall directions of the Chief Secretaries. This can avoid shifting of responsibilities once ownership is with highest authorities in the State. Monthly review reports may be shared with the Monitoring Committee and also placed on websites of concerned States. Failure and successes of the individual 82 involved may be specifically recorded and reflected in service record of the concerned officer. Stock taking may be done by the Chief Secretaries of the failure and successes so far and appropriate actions be initiated against those who have been responsible for the failure. Nodal Officers may be identified in respect of different projects clearly defining the responsibilities. Wherever there is misappropriation of funds, criminal case has to be registered. Posting of Officers entrusted with the responsibility may be reviewed from time to time depending on their responsibility. Procedure for giving of contracts may be shortened and standardized at State level and if possible at National level by NMCG and CPCB. Giving of contracts should be based on successful credentials instead of mere lowest rates. Pollution load at entry and exist point of each concerned State may or at entry points of each drains need to be recorded periodically. The Chief Secretaries of Delhi, Haryana and U.P. may furnish action taken reports in this regard at the time of their personal appearance before this Tribunal in O.A.606/2018. 83 (i) Identification of polluting sources including drains contributing to river pollution (ii) Map showing Polluted River, its tributaries, drains, major towns, industrial estates, location of STPs/CETPs (iii) Functioning status of STPs/ETPs/CETPs and solid waste management and processing facilities in the catchment area of the identified polluted river stretch; (iv) Detailed gap analysis w.r.t town-wise water consumption (including ground water consumption), sewage generation, existing infrastructure in the catchment area and the gap analysis; (v) Detailed gap analysis w.r.t industrial water consumption, wastewater generation, existing infrastructure for treatment of industrial effluent (both captive ETPs/CETPs and their performance assessment), gap analysis; (vi) Quantification and characterisation of waste (such as solid waste, industrial hazardous waste, bio-medical waste, E- Waste), STP sludge management, existing 84 infrastructure and detailed gapanalysis; (vii) Latest water quality of polluted river, its tributaries, drains with flow details and ground water quality in the catchment of pollutedriver; (viii) Aspects such as ground water extraction, adopting good irrigation practices, protection and management of Flood Plain Zones (FPZ), rain water harvesting, ground water charging, maintaining minimum environmental flow of river (by having watershed management provisions), plantation on both sides of the river, setting up biodiversity parks on flood plains by removing encroachment., proper interception and diversion of sewage carrying drains to Sewage Treatment Plant (STP), upgradation of existing sewage treatment plants if not in a position to comply with effluent discharge norms, emphasis on utilization of treated sewage so as to minimize extraction of ground or surface water be included (ix) Speedy, definite or specific timelines for execution of action plans and the 85 estimated budget including the monitoring agency (ix) Achievable goals with specific timelines for restoration of water quality of polluted rivers. (x) Organisation - wise action plans with timelines and the estimated budget for implementation of action plans.
State-wise Identified Polluted Rivers and the Status of Action Plans received by CPCB in compliance to Hon'ble NGT Orders dated 20.09.2018, 19.12.2018 and08.04.2019 in OA No. 673 of 2018 (as on 07.11.2019) Priority I Priority II Priority -- Ill to V Identified Identified Polluted Identified Total No. Polluted River River stretches Polluted River Name of the of stretches stretches Total Action State / UT Identified Action Action Action Plans Polluted No. of Plans No. of P- Plans No. of Plans Received River P-I received II PRS received P-III to received stretches PRS w.r.to w.r.to V w.r.to (PRS) P-I P-II P-III to V Andhra 5 0 0 0 0 5 5 5 Pradesh Assam 44 3 3 1 1 40 40 44 Bihar 6 0 0 0 0 6 6 6 Chhattisgarh 5 0 0 0 0 5 5 5 DD & DNH 1 1 1 0 0 0 0 1 Delhi 1 1 1 0 0 0 0 1 Goa 11 0 0 0 0 11 11 11 Gujarat 20 5 5 1 1 14 14 20 Haryana 2 2 2 0 0 0 0 2 Himachal 7 1 1 1 1 5 5 7 Pradesh J&K 9 0 0 1 1 8 8 9 Jharkhand 7 0 0 0 0 7 7 7 Karnataka 17 0 0 0 0 17 17 17 Kerala 21 1 1 0 0 20 20 21 Madhya* 22 3 3 1 1 18 18 22 Pradesh Maharashtra 53 9 9 6 6 38 38 53 Manipur 9 0 0 1 1 8 8 9 Meghalaya 7 2 2 0 0 5 5 7 Mizoram 9 0 0 0 0 9 9 9 Nagaland 6 1 1 0 0 5 5 6 Odisha 19 1 1 0 0 18 18 19 Puducherry 2 0 0 0 0 2 2 2 Punjab 4 2 2 0 0 2 2 4 Rajasthan 2 0 0 0 0 2 2 2 86 Sikkim 4 0 0 0 0 4 4 4 Tamil Nadu 6 4 4 0 0 2 2 6 Telangana** 8 1 1 2 2 5 5 8 Tripura 6 0 0 0 0 6 6 6 UP 12 4 4 0 0 8 8 12 Uttarakhand 9 3 3 1 1 5 5 9 West Bengal 17 1 1 1 1 15 15 17 Grand Total 351 45 45 16 16 290 290 351 Note:-
* MP State have submitted one combined action plan for river Kolar & River Kaliasot ** Telangana State submitted one action plan for river Manjeera & River Nakkavagu State-wise status of action plans received and the action plans approved by CPCB Task Team w.r.to Priority I & Priority II Polluted Rivers (as on 07.11.2019) NAME OF THE Total Identified Identified Identified No. of Action Total Action STATE/UT Polluted River PS PRS Action Plans Not Plans Stretches (PRS) Priority-II Priority-II Plans Approved Approved Priority- Received I&PriorityII ASSAM 4 3 1 4 - 4 DAMAN, DIU AND DADRA NAGAR 1 1 0 1 - 1 HAVELI DELHI 1 1 0 1 1 0 GUJARAT 6 5 1 6 - 6 HARYANA 2 2 0 2 - 2 HIMACHAL 2 1 1 2 - 2 PRADESH JAMMU & 1 0 1 1 - 1 KASHMIR KERALA 1 1 0 1 - 1 MADHYA 4 3 1 4 - 4 PRADESH MAHARASHTRA 15 9 6 15 - 15 MANIPUR 1 0 1 1 - 1 MEGHALAYA 2 2 0 2 - 2 NAGALAND 1 1 0 1 - 1 ODISHA 1 1 0 1 - 1 PUNJAB 2 2 0 2 - 2 TAMIL NADU 4 4 0 4 - 4 TELANGANA 3 1 2 3 - 3 UTTAR PRADESH 4 4 0 4 - 4 UTTARAKHAND 4 3 1 4 - 4 WEST BENGAL 2 1 1 2 - 2 TOTAL 61 45 16 61 01 60 With respect to Priority -- III to V polluted river stretches, action plans for 282 out of 290 polluted river stretches have been submitted to CPCB. Kerala (07) and Madhya Pradesh (01) have not submitted.
xxx.......................xxx..............................xxx
45. It is observed that the report of the 87 CPCB has focused only on BOD and FC. It has not taken other parameters for analysis such as pH, COD, DO and other recalcitrant toxic pollutants having tendency of bio magnification.
Further, monitoring gaps in terms of number of stations have to be identified, upgraded and upscaled so to cover upstream and downstream locations of major discharges to the river. In this view of the matter, CPCB may also ascertain whether there are any other rivers falling in the category of polluted river stretches.
46. The report of CPCB shows the status of compliance. As already noted, the action plans have been prepared with respect to 351 river stretches by the concerned States/UTs with regard to category P-I & P-II (the most polluted river stretches), the action plans have been duly recommended by CPCB with certain changes. The said action plans are reported to be complete with respect to necessary components for river rejuvenation including identification of drains, their interception, setting up of STPs, utilization of treated water, identification of flood plain zones, maintaining e-flow, etc. Let the same be executed by 31.03.2021 as already directed. No case is made out to extend the laid down timeline unconditionally. As noted earlier, situation of water pollution is grim in the country and there has been deterioration inspite of the Water Act which was enacted way back in 1974 which was intended to bring about any improvement. This Tribunal has repeatedly put all authorities to notice in the light of earlier orders of the Hon'ble Supreme Court on the subject. Directions were also issued for budgetary support as part of the action plans which has been done in indicative terms. There can be no plea of lack of funds on issue threatening the existence of human beings. We have thus no option except to be strict about the timelines already laiddown. We are also of the view that adherence to the timelines 88 must be monitored by the Chief Secretaries of all the States/UTs and should also be monitored at National level by the Secretary, Ministry of Jal Shakti with the assistance of NMCG and CPCB. For this purpose, a meeting at central level must be held with the Chief Secretaries so fall the States/UTs at least once in a month (option of video conferencing facility is open) to take stock of the progress and to plan further action. NMCG will be the nodal agency for compliance andmaygiveits quarterly report to this Tribunal commencing from 01.04.2020. The Chief Secretaries may set up appropriate monitoring mechanism at State level specifying accountability of nodal authorities not below the secretary level and ensuring appropriate adverse entries in the ACRs. Monitoring at State level must take place on fortnightly basis and record of progress maintained. The Chief Secretaries may have an accountable person attached in his office for this purpose.
Monthly progress report may be furnished to Secretary, Ministry of Jal Shakti with a copy to CPCB. Steps for in situ remediation as an interim measure may be ensured as directed above as per laid down timeline. Any default must be visited with serious consequences at every level, including initiation of prosecution, disciplinary action and entries in ACRs of the erring officers. As already mentioned, procedures for DPRs/tender process needs to be shortened and if found viable business model developed at central/state level. Wherever work is awarded to any contractor, performance guarantee must be taken in above terms.
CPCB may after scrutiny finalize the action plans relating to P-III and P-IV also as has been done for P-I and P-II on or before 31.03.2020. This will not be a ground to delay the execution of the action plans prepared by the States which may 89 start forthwith, if not already started.
13. Directions in order dated 06.12.2019:
"XII. Directions:
47. We now sum up our directions as follows:
i. 100% treatment of sewage may be ensured as directed by this Tribunal vide order dated 28.08.2019 in O.A. No. 593/2017 by 31.03.2020 at least to the extent of in-situ remediation and before the said date, commencement of setting up of STPs and the work of connecting all the drains and other sources of generation of sewage to the STPs must be ensured. If this is not done, the local bodies and the concerned departments of the States/UTs will be liable to pay compensation as already directed vide order dated 22.08.2019 in the case of river Ganga i.e. Rs. 5 lakhs per month per drain, for default in in-situ remediation and Rs. 5 lakhs per STP for default in commencement of setting up of the STP.
ii. Timeline for completing all steps of action plans including completion of setting up STPs and their commissioning till 31.03.2021in terms of order dated 08.04.2019 in the present case will remain as already directed. In default, compensation will be liable to be paid at the scale laid down 90 in the order of this Tribunal dated 22.08.2019 in the case of river Ganga i.e. Rs. 10 lakhs per month per STP.
iii. We further direct that an institutional mechanism be evolved for ensuring compliance of above directions.
For this purpose, monitoring may be done by the Chief Secretaries of all the States/UTs at State level and at National level by the Secretary, Ministry of Jal Shakti with the assistance of NMCG and CPCB.
iv. For above purpose, a meeting at central level must be held with the Chief Secretaries of all the States/UTs at least once in a month (option of video conferencing facility is open) to take stock of the progress and to plan further action. NMCG will be the nodal agency for compliance who may take assistance of CPCB and may give its quarterly report to this Tribunal commencing01.04.2020.
v. The Chief Secretaries may set up appropriate monitoring mechanism at State level specifying accountability of nodal authorities not below the Secretary level and ensuring appropriate adverse entries in the ACRs of erring officers.91
Monitoring at State level must take place on fortnightly basis and record of progress maintained. The Chief Secretaries may have an accountable person attached in his office for this purpose.
vi. Monthly progress report may be furnished by the States/UTs to Secretary, Ministry of Jal Shakti with a copy to CPCB. Any default must be visited with serious consequences at every level, including initiation of prosecution, disciplinary action and entries in ACRs of the erring officers.
vii. As already mentioned, procedures for DPRs/tender process needs to be shortened and if found viable business model developed at central/state level.
viii. Wherever work is awarded to any contractor, performance guarantee must be taken in above terms.
ix. CPCB may finalize its recommendations for action plans relating to P-III and P-IV as has been done for P-I and P-II on or before 31.03.2020.
This will not be a ground to delay the execution of the action plans prepared by the States which may start 92 forthwith, if not already started.
x. The action plan prepared by the Delhi Government which is to be approved by the CPCB has to follow the action points delineated in the order of this Tribunal dated 11.09.2019 in O.A. No.06/2012.
xi. Since the report of the CPCB has focused only on BOD and FC without other parameters for analysis such as pH, COD, DO and other recalcitrant toxic pollutants having tendency of bio magnification, a survey may now be conducted with reference to all the said parameters by involving the SPCB/PCCs within three months. Monitoring gaps be identified and upgraded so to cover upstream and downstream locations of major discharges to the river. CPCB may file a report on the subject before the next date by e-mail atjudicial-
[email protected].
xii. Rivers which have been identified as clean may be maintained."
(emphasis supplied)
14. Directions in order dated 29.06.2020:
"XII. Directions:
45.We reiterate our directions in order dated 6.12.2019 in the present matter, 93 reproduced in Para 38 above, read with those in order dated 21.5.2020 in OA 873/2017 and direct CPCB and Secretary, Jal Shakti to further monitor steps for enforcement of law meaningfully in accordance with the directions of the Hon'ble Supreme Court and this Tribunal. The monitoring is expected with reference to ensuring that no pollution is discharged in water bodies and any violation by local bodies or private persons are dealt with as per mandate of law as laid down in orders of the Hon'ble Supreme Court and this Tribunal without any deviation from timelines. The higher authorities must record failures in ACRs as already directed and recover compensation as per laid down scale. Every State/UT in the first instance must ensure that at least one polluted river stretch in each category is restored so as to meet all water quality standards up to bathing level. This may serve as a model for restoring the remaining stretches."
Annexure-2 is reproduced below:-
Table-1: Details of Existing Sewage Infrastructure in the 31 States/UTs Gap in Sewage Existing STP Capacity Treatment at No. State Generation (in (capacity in MLD Utilization(In present ( in MLD) and No.) MLD) MLD) 1 Andhra Pradesh 1384 515.45 - 868.55 2 Assam 703 0 0 703 3 Bihar 651.5 40 (2 STPs) 22 (55%) 611.5 4 Chhattisgarh 600 73.1 (3 STPs) 6 (8.2%) 526.9 Daman, Diu And 5 Dadra Nagar 20.5 17.21 (2 STPs) 5.2 (30%) 3.29 Haveli 6 Delhi 3273 2714 (35 STPs) 2455 (90%) 559 7 Goa 165 78.35 (9 STPs) 46.6 (59%) 86.65 8 Gujarat 3765 3378 (70 STPs) 2812 (83%) 387 94 9 Haryana 1454 1767 1466 (82%) -
Himachal 10 102.8 86.9 55.1 (63%) 15.9 Pradesh Jammu & 11 970 126.80 (11 STPs) 80.70 (63%) 843.2 Kashmir 12 Jharkhand 700 131 (19 STPs) 75 (57%) 569 13 Karnataka 3356.5 2561 (142 STPs) 1704 (66%) 795.5 14 Kerala 3759.28 124.135 (11 STPs) 81.325 (65%) 3634.935 Madhya 15 2183.65 690.76 (25 STPs) 524.24 (75%) 1492.89 Pradesh 16 Maharashtra 9757 7746 (137 STPs) 4013 (51%) 2011 17 Manipur 114.054 27 (1 STP) 8 (29%) 87.05 18 Meghalaya 87.91 0 0 87.91 19 Mizoram 80 10 (1 STP) 0 70 20 Nagaland 44.3 25.4 (1 STP) 0 18.9 21 Odisha 439.49 91 (5 STPs) 70 (76%) 348.49 22 Puducherry 84 56 30 (52%) 28 Consideration of CMC and OC reports
23. The CMC report states that it addressed communication to all the Chief Secretaries and explained Hybrid Annuity Model (HAM) based PPP projects, One City One Operator (OCOO) concept, as implemented for sewerage intervention projects under Namami Gange programme as well as Faecal Sludge and Septage Management (FSSM) concept. The business model for liquid waste management has in-built mitigation mechanism against time &cost overrun, improper design, sub-optimal operation and failure to meet the performance standards. As a business model, HAM enables the Urban Local Body/ State Government to fund the development and operation of sewage treatment infrastructure taking into account the future flow of revenue. States were also facilitated by holding a Webinar on "Mainstreaming Faecal Sludge & Septage Management in Ganga Basin", which was attended by officials from almost all the States. The Webinar also included a session on experience of Odisha which has taken up FSSM extensively, besides initiatives taken by NMCG in these directions. States were urged to consider the implementation of FSTPs and/ or co-
95treatment of faecal sludge in existing STPs, in all towns wherever feasible, so that dumping of the faecal sludge in water bodies/ land and thereby polluting them, can be avoided. The States/UT Administrations were specifically requested to ensure that at least one polluted river stretch in each category is restored to meet all water quality standards up to bathing level as ordered by this Tribunal. This may serve as a "model" with a view to replicate the efforts for restoring the remaining stretches. States have failed to report reasons for delaying rounding the projects as well identification of officials responsible for the delays. The necessary reporting from the States is being taken up and will be followed up in future review meetings.
26. While dealing with the control of pollution of River Ganga, the Tribunal noted that following action points for monitoring:
i. Setting up of STPs, Interception and Division (I&D) of drains and preventing untreated sewage and effluents ii. Use of treated water iii. Use of sludge manure iv. Status of septage management v. Compliance in relation to industries vi. Installation of STPs/treatment facilities in Hotels/Ashrams and Dharmshalas. vii. Water quality monitoring of river Ganga and its tributaries.
viii. Maintenance of environmental flow in river Ganga.
ix. Disposal of Bio-medical waste.
x. Compliance of Solid Waste Management
(SWM) Rules,2016.
xi. Preparation of maps and zoning of flood plains.
xii. Mining activity under supervision of the concerned authorities.
xiii. Action against identified polluters, law violators and officers responsible for failure for vigorous monitoring.96
"Table 3: Details of on-going projects No. State Completion By January 2021- April 2021- January 2022- Beyond March 2021 December 2021 June 2022 June 2022 2 STPs of 7 29 STPs of 328.4 1 STP of 123 1 Andhra Pradesh MLD MLD MLD 15 MLD STP Bihar 12 projects of 355.5 MLD. Revised timeline to be provided 2 3 Chhattisgarh - 6 STPs of 238 - -
MLD Daman, Diu And 4 Dadra Nagar Haveli - - - -
1 STP of 318 STPs of 5 Delhi - MLD (new) - 950.8 MLD 3 STPs of 43 5 STPs of35.5 MLD - work 6 Goa MLD including not started sewernetworks due to issues by locals.
7 Gujarat 23 STPs of 44 STPs of 4 STPs of 10 STPsof 426.72 MLD 571.68 MLD 116.6 125.4MLD MLD 15 STPsof 19 STPs of 2 STPs of 45 2 STPs of 8 Haryana 59.45MLD 168.75 MLD MLD 180 MLD Himachal Pradesh 5 STPs of 26 10 STPs of 7.9 6 STPs of 6.1 5 STPs of 9 MLD MLD MLD 8.26 MLD 10 Jammu & 2 STPs of 61.2 4 STPs of 17.6 4 STPs of 13.21 -
Kashmir MLD MLD MLD
11 Jharkhand - 3 STPs of 89 - -
MLD
12 Karnataka 21 STPs of 9 STPs of 197.3 21 STPs of 4 STPs of
427.17 MLD MLD 115.67 MLD 16.07 MLD
Kerala STP/ETP/FSTP STP of 0.01 MLD
13 of 0.331 MLD
Madhya Pradesh 15 STPs of 2 STPs of 22.25 19 STPs of
14 212 MLD 212.5
MLD MLD
15 Maharashtra 10 STPsof 5 STPs of 110.26 2 STPs of 13 -
141.5MLD MLD MLD
16 Manipur - - 2 STPs of 17 -
MLD
115 KLD
17 Meghalaya Septage
Treatment Plant
18 Mizoram Sewer - - -
sewer
19 Nagaland connections in - -
20 Odisha 2 STPs of 56 48 MLD STP - -
MLD
6 STPs of 27.5 12 STPs of 49.2 4 STPs of 67.5 8 STPs of
22 Punjab MLD MLD MLD 109 MLD
23 Rajasthan 29 STPs of 15 STPs of 113.5 4 STPs of 59.5 12 STPs of
126 MLD MLD 141
MLD MLD
24 Sikkim 2 STPs of 3 - - 3.25 MLD
MLD STP
25 Tamil Nadu 18 STPs of 244 8 STPs of 203.46 6 STPs of 450.53 16.71 MLD
MLD MLD MLD STP
26 Telangana 2 STPs of 12 STPs of 73.96 3 STPs of 120 -
16.45 MLD MLD MLD
27 Tripura - - 8 MLD STP -
28 Uttarakhand 3 STPs of 8.9 3 STPs of 23.7 1 STP of 28
MLD MLD MLD
97
29 Uttar Pradesh 6 STPs of 21 STPs of 7 STPs of 161.5 3 STPs of 80
122.01 MLD 523.55 MLD MLD MLD
1 STP of 24 4 STPs of 47.75 6 STPs of 271.5
30 West Bengal MLD MLD MLD -
Total (except Bihar) 163 STPs of 214 STPs of 93 STPs of
1989.211 MLD 3187.77 MLD 1828.61 MLD 1688.49
MLD
XI Reutilization of Treated water
Acknowledging the importance of safe reuse of treated waste water (SRTW) in India as well as prioritizing the same in planning and management due to rapid urbanisation and increased wastewater generation and also with an aim towards increased water security, the action plan for Reuse of Treated Waste Water has been undertaken at national level in Ministry of Jal Shakti. The introduction of the concept of SRTW into water resource strategies and policies could provide additional resources for multiple uses and water security for fast growing cities, industry, agriculture and the environment. So far, India has no national policy regarding SRTW, except for a few State policies viz., Gujarat, Maharashtra, Tamil Nadu and Haryana. Accordingly, National Mission for Clean Ganga Ministry of Jal Shakti in collaboration with the Indo-German „Support to Ganga Rejuvenation‟ project (GIZ-SGR) and the India-EU Water Partnership (IEWP) has initiated formulation of National Policy on Safe Reuse of Treated Water (SRTW). The policy development is based on a comprehensive consultation process by engaging relevant stake holders under a dedicated steering group. The stakeholders involved included MoEF&CC, MoHUA, industries, ULBs and representations from pioneering States (Maharashtra, Gujarat, Haryana, UP). The policy development process is supported by European and national experts bringing in best international practice.
Based on extensive consultations during 98 various Consultation meetings, 1st Draft Working document has been prepared. Further consultation for finalisation of National Policy is underway.
State-wise details of re-utilization of treated water as reported by the State is provided in Table-11 below.
Table-11: Status of Re-utilisation of Treated Water by States State Status Andhra 321.81 MLD of treated wastewater is being reused. Pradesh Assam Being done by P&RD Department for rural areas. No further details provided.
Bihar Treated sewage water of STP having capacity 100 MLD or above will be used by Water Resource Department and less than 100 MLD will be used by Minor Water Resource Department for agriculture purposes. Chhattisgarh Treated waste water will be utilized after the completion of construction of STPs.
DDDNH Treated water is used daily for road washing, horticulture, soil compaction, irrigation etc. Delhi 90 MGD is being used for various purposes e.g. horticulture, irrigation, DTC depot etc. Goa Part utilization has been proposed for (i) release of STP-treated water at Colva into Sal-river so as to maintain the flow, (ii) flushing of St. Inez creek,
(ii) Municipal gardening,
(iii) social forestry,
(iv) private plantation,
(v) dust- suppression measures etc. Gujarat Gujarat Government has framed Policy for Reuse of Treated Waste Water (TWW) wherein targets have been set for use of 70% of the treated wastewater by 2025 and 100% of treated wastewater by 2030. 643 MLD of treated waste water is used by MC and Municipalities.
Haryana State has prepared a draft policy for resuse of treated waste water and an action plan for reuse of treated sewage and as per the plan, approx. 80% of treated sewage will be reutilized by 2024-2025. Treated waste water will be used for the farming purpose.
Himachal JSVisprovidingfacilityforbulkwateruseratalltheSTPstoenabledrawing the Pradesh effluent for reuse. Jammu and Reuse of Treated Water through Pumping Plant with Rising Mainto Kashmir Railway Station Katra for cleaning and washing purpose, Horticulture
purpose at Air force station, at Army Unit for cleaning and washing purpose have been proposed.
Jharkhand Water will be used for irrigation, fish farming, landscaping, cooling water for power plants and oil refineries, toilet flushing, public parks, dust control, artificial lakes, construction etc. Karnataka Quantity of treated water reused in Bengaluru = 427.5 MLD; other than Bengaluru = 106.65 MLD. It is to be used for recharge of lakes, use in industrial establishments, by horticulture departments, used in gardening etc. 99 Kerala Utilization of the treated effluent for irrigation, gardening, industries, construction and recharge are being explored. Madhya At present 84.96 MLD of treated water is being used or Pradesh irrigation/gardening purpose (including STP of 35 MLD, Bhopal under AMRUT scheme) Maharashtra TheInfrastructureProjectsaremandatedbyMPCBtorecycle60%oftreated sewage for secondary use by providing duel pipeline for different class of users like Thermal Power Plants, Industrial Units, Construction activities, non-potable municipal uses, Agriculture-Irrigation, etc. depending on its availability.
Manipur No information provided. Meghalaya Stand-alone ETPs are operational in260number of
hotels/guesthouse/health care centers /Industries and treated wastewater are reuse for gardening/cleaning purpose. Mizoram Action Plan for sewage treatment including recycle and reuse of treated waste water was submitted to the State Govt. Nagaland Treated water is to be used for agricultural farms, sprinkling the road construction sites, flushing/cleaning of the sewage drains Orissa 806 MLD treated industrial wastewater are being recycled/ reused in the process or being utilized for plantation/ irrigation purposes. Bulk users have been identified for utilization of treated water for the STPs under commissioning.
Puducherry 15.3 MLD treated wastewater is been in use for Industrial usage, Silk cotton trees, Coconut Plantation, Construction activities, Watering the road side plantation Punjab The Government of Punjab has Notified "The State Treated Waste Water Policy 2017" to promote recycling and reuse of treated sewerage for non- potable applications. Till date, 47 number projects have been completed by Department of Soil & Water Conservation, Punjab for using 243.3 MLD treated wastewater of STPs. These projects have been implemented by laying underground pipeline system for irrigation water conveyance covering an area of7652 hectares. The Department further proposes to utilize 1238.8 MLD of treated wastewater from 164 existing, under progress and proposed/new STPs for irrigation purposes for an agricultural area of 37,683 hectares. Others relevant Departmentsarealsoexploringvariousoptionstopromoteutilizationofthe treated wastewater of STPs for non-potable use such as domestic use, construction activities, industrial processes, urban landscaping &green belts, etc. Rajasthan No information provided.
Sikkim Treated effluent is to be utilized in cooling towers, irrigation of green belt, evaporation or flushing purposes.
Tamil Nadu Tamil Nadu Government has notified Promotion of Use of Treated Waste Water policy during December 2019 to maximize the collection &treatment of sewage generated and reuse of treated waste water on a sustainable basis, thereby reducing dependency on fresh water resources. At present Memorandum of Understanding (MoU) has been executed between the ULB and the user agency for the re-use of secondary treated effluent water (STEW).80.5MLD of treated waste water is being reused for cooling purpose, Agricultural use to farmers association, MRF Industrial use, to maintain the TDS level of Tanners for Agro- forestry etc. Some of details are given in Table-11.1 below.
S. Name of the Quantity Usage/ Purpose
No ULB (in MLD)
1 Nagapattinam 2.00 M/s KVK Power for cooling
purpose
100
2 Dindugul 5.00 To maintain the TDS level of
Tanners as well for Agro-
forestry.
3 Tirunelveli 24.00 Nanguneri SEZ for
Industries
4 Perambalur 3.00 MRF Industrial use
5 Ramanathapur 3.00 NTC Infra
am
6 Coimbatore 15.00 Agricultural use to
farmers association
7 Pollachi 11.50 Agricultural use to
farmers association
8 Chinnamannur 3.00 Agricultural use
9 Karur 7.00 Agricultural use
1 Arakkonam 7.00 MRF Industrial use
0
As per the Policy, following is proposed.
The treated wastewater is to be utilized for eco- parking, greenery development and avenue plantation and the remaining will be disposed into the river after meeting the standards.
Industries having ZLD system are reusing the treated wastewater in the process.
Domestic grey water has been recharged into the ground through Individual soak pit constructed at individual households and filtered grey water from community soak pits are being utilized for agricultural purpose in Rural areas.
Telangana Govt. of Telangana has released a policy for reuse of the treated water. 56 MLD has been reused.
Tripura AMC is using treated waste water from the Barjala (Near Lankamura) STP for watering of gardens & open space in Agartala city, road watering in dry seasons, irrigation of agricultural fields etc. Uttar No information provided.
Pradesh Uttarakhand Treated water of 95 MLD capacity at Jagjeetpur is used for irrigation through canal system.
West Bengal Treated Wastewater Re-use Policy of Urban West Bengal has been notified by Urban Development & Municipal Affairs Department of Government of West Bengal in June‟2020. Department has identified Kalyani Town as a model for resue of the treated water generated at Kalyani STP under KMDA. DPR is under preparation.
To address the huge gap in generation and treatment of waste, requisite number of treatment plants need to be in place at the earliest, including modular STPs wherever necessary. The plants already set up need to be functional and compliant. The ongoing projects have to be completed within the stipulated timelines. Pending 101 such treatment interim measures for phyto/bio- remediation needs to be taken to ensure compliance of the provisions of theWater Act prohibiting discharge of any contaminant in water bodies.
Thus, huge water pollution is taking place as per official data with no effective adverse action against polluters, though it is crime under the law of land in the same way as homicide and assault. Pollution is resulting in deaths and diseases but with no punishment and no protection to the victims posing serious threat to rule of law requiring protection of innocent and punishment of guilty by the State. Emergent and stringent measures are necessary for discharge of Constitutional duties by the States concerned otherwise it is tolerating and ignoring lawlessness. Repeated directions to shorten tendering/DPR procedures have remained uncomplied as also fixing accountability of officers responsible for the situation.
25 Thus, further action is required in mission- mode at all levels to discharge constitutional obligation of providing pollution free environment and also to protect public health. Scarce sources of drinking water and irrigation are required to be maintained free from contamination. This is basic constitutional obligation of the authorities under the Constitution being linked to 'Right to Life'. Without this being done in a meaningful manner, there can be no sustainable development. There is need for stringent enforcement by way of adverse measures, including recovery of compensation for continuing violation and adverse entries in the record of defaulting officers. Accountability for those who are entrusted the responsibility to comply with these directions must be fixed on the principle of good governance to enforce rule of law to protect rights of citizens.
26 We find that the river water quality has been 102 analyzed without taking into account one of the major components of river pollution i.e. fecal coliform. The river water quality is declared 'fit for bathing' only with reference to BOD, without concern of the fecal coliform, which does not represent true picture and such course is thus against the law. This may be duly remedied. There is need for compiling an annual progress report in terms of improvement of water quality by reducing pollution load. The progress should be evaluated depending on extent of reduction of pollution load, in comparison to the earlier period. Such annual progress report must be put in public domain and appropriate action taken for inadequate progress after finding out the persons responsible for such failure and other causes ,if any. Adequate number of monitoring stations need to be installed in a time bound manner for the purpose of monitoring water quality.
27 One major step for monitoring is compiling data in transparent manner. The Tribunal has already directed, vide order dated 05.02.2021 inOA95/2018, Aryavart Foundation vs. M/sVapi Enviro Ltd. & Ors., that National/State/District Environment Data Grids be established which will go a great way in compiling data and monitoring compliance. There is also need to take further steps for enhancing the utilization of treated waste water. The gaping generation of treated water and its utilization needs to be addressed expeditiously and monitored in terms of quantity and quality.
28 There is further need to re-engineer the administrative processes adopted and giving of the contracts, as earlier mentioned. The time consuming DPRs and approval processes in the administration needs to be avoided and speedy action taken based on model DPRs and laid down standards. It is a matter of regret that, as per official statistics, 56% of total generated sewage remains untreated and finds its way into the water bodies which is a crime under the law of the land for the 103 last 47 years. This remains a constant threat to contamination of potable water. Similar is the position with regard to the water pollution from other sources, including industries and dumping of solid and other waste.
29 Demarcation and protection of flood plain zones' keeping them free from encroachment is another challenge which needs to be tackled on war-footing by designating responsible and accountable officers to ensure that in the interregnum till requisite water treatment equipment are set up. Interim steps for sewage treatment need to be taken to reduce the pollution load.
Need for improved Monitoring Mechanism in the light of Notification dated 07.10.2016 issued by the Ministry of Water Resources, River Development, and Ganga Rejuvenation.
30 The Ministry of Water Resources, River Development, and Ganga Rejuvenation has issued Notification dated 07.10.2016 in respect of management of River Ganga under the Environment(Protection)Act,1986 called "River Ganga (Rejuvenation, Protection and Management) Authorities Order,2016" (the Ganga Order) constituting authorities at National, State and District Levels called 'National Ganga Council', 'Empowered Task Force on River Ganga', 'State Ganga Rejuvenation, Protection and Management Committee' and 'District Ganga Committees'. Further, 'National Mission for Clean Ganga'(NMCG) has been constituted. The object of the said notification is to abate pollution and rejuvenate river Ganga, maintaine-flow, restrict activities on the river banks and other allied issues. Steps to be taken are exhaustively laid down, apart from providing safety audit and conferring statutory authority to issue directions on related matters, including in respect of tributaries of River Ganga. The National Ganga Council is headed by the Hon'ble Prime Minister and the 'Empowered Task Force' is headed by the Jal Shakti Minister. The 104 'State Ganga Committees' are headed by the Chief Secretaries of the States. The 'District Ganga Committees' are headed by the District Magistrates. The NMCG is headed by its Director General with representatives of Central Ministries and State Governments. There is also a provision for setting up monitoring centers. Powers of the NMCG include issuance of directions to State Ganga Committees and District Ganga Committees or Local Authorities for rejuvenation of River Ganga and connected issues. It can frame a policy and direct its implementation. The Ganga safety audit is to be conducted by the National Ganga Council. It is to publish an annual report. The functioning of District Ganga Committees can be overseen by the NMCG either directly or through the State Ganga Committees. Every District Ganga Committees is also to prepare plan for protection of River Ganga and its tributaries and their river beds and District Ganga Committees also to prepare its own budget and give monthly and annual reports.
31 As noted earlier, protecting the rivers from pollution is a National necessity. Pollution of rivers has resulted in worst water crisis in the country. This requires control of domestic and industrial pollution, utilization of treated sewage for secondary purposes to prevent use of potable water for such purposes, protecting the catchment areas, regulating activities in flood plains zones, maintaining e-flow which includes conserving the ground water. All these steps are duly mentioned in the Notification dated 07.10.2016 as necessary for control of pollution and rejuvenation of Ganga. This Tribunal in its earlier orders, including orders dated 20.09.2018, 19.12.2018, 08.04.2019, 06.12.2019 29.06.2020 and 21.09.2020, dealt with preparation and execution of action plans for all the 351 polluted river stretches almost on same pattern. The compensation regime has been laid down not only for delay in finalizing action plans but also for delay in commencing and 105 completing the projects on the pattern of regime applicable to Ganga. Similarly, in connected matter (OA 593/2017) relating to setting up of requisite numbers of ETP, CETP and STPs (including modular STPs wherever necessary) as per mandate of law under the Water Act and the judgment of the Hon'ble Supreme Court in Paryavaran Suraksha, supra, also compensation regime has been laid down and compliance of direction of the Hon'ble Supreme Court for rigid implementation mechanism for ensuring compliance by 31.03.2018 has been overseen, as mentioned earlier. Finally, this aspect of monitoring for setting up of all requisite ETPs, CETPs and STPs (including modular STPs wherever necessary) within the timelines and for also taking other steps for control of pollution and rejuvenation of 351 polluted river stretches was left to the CMC to be headed by the Secretary, Ministry of Jal Shakti along with the NMCG and CPCB. At the State levels, directions have been issued for constituting River Rejuvenation Committee for preparation and execution of the action plans to be overseen by the Chief Secretaries of all the States by constituting 'environment cells' directly under them. The status reports given by the CMC constituted by this Tribunal have already been quoted above.
Conclusion In view of the above, we are of opinion that the monitoring by the Tribunal cannot be unending and must now be taken over by the concerned authorities. The roadmap stands laid out. Action plans have been prepared for remediation of all the 351 identified polluted river stretches. Gaps have been identified for ETPs/CETPs/STPs (including modular STPs wherever necessary). Timelines are clear. Sources of funding are clear in the Supreme Court order. HAM model is also available as per Govt. of India Policy mentioned in the report of the CMC. Alternative conventional methods of bio/phyto remediation are also available as mentioned in the report of the CMC. Existing treatment capacity is not 106 fully utilised. New projects, already ongoing or those yet to commence need to be expedited. Consequences for delay in terms of compensation and administrative measures have been clearly mentioned. The river rejuvenation committees in the States/UTs, as per directions of the Chief Secretaries may perform their obligations accordingly which may be monitored by the Central Monitoring Committee, headed by Secretary, Jal Shakti, as directed earlier.
7. We find that the monitoring mechanism introduced as per directions of this Tribunal in the form of RRCs at the States level and CMC at the Central level is to an extent identical to the monitoring mechanism laid down under the River Ganga Rejuvenation, Protection and Management Authorities Notification 2016. However, mechanism under the2016 notification being statutory and exhaustive, it will be better that the same is adopted for all the river stretches as issues involved are common. The Empowered Task Force on river Ganga headed by Union Minister of Jal Shakti may exercise all powers and discharge all functions in relation to all the polluted river stretches in the same manner as the functions entrusted to it under the River Ganga 2016 order for control of pollution and rejuvenation of polluted river stretches. This is necessary so that the Nation/Central Monitoring Mechanism can be effective, in view of continuing failure of statutory mechanism under the Water Act for preventing pollution of water, resulting in pollution of almost all the rivers and water bodies in the country, posing serious threat to availability of potable water for drinking purposes as well as for safety of food chain. Hardly any accountability has been fixed for such serious failures. It will be open to the MoJS to issue any further appropriate statutory order to give effect to the above directions under the EP Act. The National/Central Mechanism may enforce the earlier directions of this Tribunal for collecting compensation for the failure to commence or complete the projects for setting up of sewage treatment equipments or taking steps for interim remediation measures. This is necessary for accountability for the failure to obey the law. The 107 compensation so assessed maybe deposited in a separate account to be used for rejuvenation of the polluted river stretches in the same manner as directed in the case of Ganga quoted above. As directed vide order dated 19.12.2018 in OA 673/2018, responsibility to pay compensation on behalf of the States/ UTs will be of the Chief Secretaries. As per scheme of the NGT Act, every order of NGT is executable as a decree of Civil Court. Further, failure to comply order of the NGT is an offence punishable with imprisonment up to three years or fine upto Rs. 10 crores with additional fine for continuing offence after conviction. If the offence is by a Government Department, Head of the Department is deemed to be guilty. Cognizance of the offence can be taken by a Court on a complaint of Central Government or any other person who has given notice to the Central Government or its authorized representative. The complaint can be filed before a Court of Magistrate of first class. It is, thus, necessary in view of continuing violation of NGT order, requiring payment of compensation to reiterate the direction of responsibility for payment of compensation, to be of the Chief Secretaries and in default, their liability to be proceeded against for coercive measures for execution or by way of prosecution as per NGT Act,2010.
22. Being an integral part of the river, floodplain of the river requires protection. Floodplains play significant role in maintaining the bio-
diversity and aquatic life of the river. It's significance cannot be overlooked, in terms of environment and ecology. There are numerous dimensions involved while identifying the floodplains. It is required to categorize it into different zones, namely, No Development Zone, Regulated Zone and a Free Zone for development. The principle of Sustainable Development itself justifies the classification of floodplains into such zones for protecting the river. This Tribunal in the case of Manoj Misra (supra) had the occasion to deal with the concept of floodplain, its zoning and management.
10823. As discussed above the damage to environment is directly linked to public health and neglecting compliance of Environmental norms results in deaths and injuries. Violation of environmental norms needs to be taken as seriously as preventing crimes of homicide and assaults.
It is more serious as the victim may be wide spread and unidentified.
The consequences may even affect the future generation. The compliance status is directly linked to effectiveness of the monitoring which requires that the key office bearers of statutory regulators and oversight bodies are qualified competent and reputed specially dedicated to such work instead of devoting part time while simultaneously holding other position. In view of the above, we are of the opinion that the monitoring by the Tribunal cannot be un-ending.
The road map stand laid out. Action plans have been prepared for remediation of polluted rivers, river stretches. Gaps have been identified for ETPs, STPs, CETPs and timelines are clear. The authorities must now take ownership for compliance. The River Rejuvenation Committees in the State as per directions of the Chief Secretary may perform their obligation accordingly which may be monitored by the Central Monitoring Committee headed by the Secretary, Jal Shakti. The monitoring mechanism introduced in the form of RRC at the State level and the CMC at the Central level is to be and exactly identical to the monitoring mechanism laid down under the River Ganga Rejuvenation, Protection and Management Authorities Notification, 2016.
24. Directions :-
i. The respondents are directed to follow the guidelines issued as mentioned above and to ensure that there should not be any encroachment on the water bodies and there must be demarcation of the river bed with identification marks and in case there is any 109 encroachment in violation of environmental laws, necessary legal action as well as the imposition of Environmental Compensation must be acted upon. Encroachment must be removed according to law.
ii. The Collector(s) of the District/City situated on the bank of river are directed to ensure that there should not be any encroachment on the river bodies or on the bank of the river and if any encroachment is found, necessary legal action must be initiated and Collector shall ensure that there shall not be any further encroachment on the water bodies or on the river bank. The demarcation and protection of flood plain zones keeping them free from encroachment should be taken and tackled by the Collector by designating responsible and accountable official to ensure that there should not be any encroachment on the river body or flood plain zone. There is need for compiling annual progress report in terms of water quality by reducing pollution load and the progress should be evaluated depending on extent of reduction of pollution load in comparison to the arial barrier and such progress report should be put in public domain and appropriate action should be taken by the Collector on the basis of the report submitted by the competent authority.
iii. Action plans for reuse of treated water should be finalized and prepared expeditiously and the treated water should be utilized for gardening purposes, agricultural purposes, industrial purposes or any other purposes which may be decided by the Expert Body. The STPs which are non operational must be improved and process of improving must be expedited. Wherever old STPs are under operation on UASB technology, they may be upgraded to SBR technology or other latest and effective technology. Steps must be taken to address gaps in generation and treatment of sewage/effluents by setting up functional STPs, CEPTs and ETPs in 110 the State. However, city wise evaluation of requirement of STPs/CEPTs / ETPs has to be done by the District Collector and to be reported to the Monitoring Committee at the State Level.
iv. The capacity utilization of existing STPs may be improved by identifying the bottlenecks and plugging them in each case and the operation and maintenance of STPs/CEPTs / ETPs and their respective distribution system should be improved for optimum results. The working of operators under one city one operator scheme needs to be continuously evaluated and this evaluation may be linked with the payment and renewal system and this method and manner should be considered by the Collector or the State Monitoring Committee.
v. Progress of in situ remediation as an interim measure must be taken into account. E-flow of the river should be maintained. The action must be initiated against the polluting industries with issuance of show cause notice to the defaulters and by way of realizing the EC to be imposed and calculated on the parameters laid down by this Tribunal/ by the State Pollution Control Board.
vi. Solid waste management shall be properly done. District Administration shall develop a scientific MSW management site for handling of MSW generated in limits under the aegis of an expert agency. A time targeted action plan needs to be furnished by the District Administration to MPPCB in this regard. Adequate funds for sound solid waste management technique such as waste to energy plant or RDF (Refae Derived Fuel) or any other suitable technology may be allotted by state government to ULB. ULB shall take proper action for implementing item wise (such as paper, plastic, metal, glass etc.) segregation practice at source. In compliance of Hon'ble NGT 111 order, Bio- mining/Bio-remediation of legacy waste shall be started and burning of SW shall strictly be prohibited.
vii. In light of the site observations related to improper solid waste collection within the city limits, necessary infrastructure for strengthening the solid waste collection network needs to be developed by ULB in consultation with an expert agency for better management of solid waste as per SWM Rules 2016.
viii. Periodic Public awareness campaigns should be undertaken by the local administration particularly along the villages along the river banks.
25. The State PCB is directed to regularly monitor the compliance of the order and rules and in-case of non-compliance necessary prosecution must be initiated in addition to realisation of environmental compensation.
26. We further direct that the orders passed in O.A. No. 593/2017 titled as Paryavaran Suraksha Samiti vs. Union of India and O.A. No. 148/2016 Mahashchand Saxena vs South Delhi Munincipal Corporation, O.A. No. 673/2018 (PB) and O.A. No 606/2018 be strictly followed with a letter and spirit and timeline for completion of the STPs and in case of non completion, calculation and realisation of environmental compensation must be done in accordance with the order of the Hon'ble Supreme Court of India passed in Paryavaran Suraksha Samiti vs. Union of India matter.
27. We direct the respondents that the unutilized capacity of the existing STP may be utilized expeditiously and it must be ensured that, no untreated sewage effluent is discharged in any water body.
The Chief Secretary at the State level and the CMC at the National level will periodically monitor the progress and also consider 112 development of an appropriate app to enable easy filing and redressal of grievances with regard to illegal discharge of sewage/effluents. The CMC may also monitor the setting up of the bio diversity parks, demarcation of floodplains zones and periodical report must be filed before the bench as directed in O.A. No. 593/2017 and O.A. No. 673/2018 (PB).
28. We further direct that old pipelines of Sanwar industrial area, which is reported to be broken and damaged, must be repaired immediately and if possible a separate sewer line of industrial area should be installed and connected to Sewage Treatment Plant.
Water Resources Department shall expedite the approval for the Kanh diversion close duct project for diversion of Kanh river water from Municipal area of Ujjain city and construction of Sewage Treatment Plant of Nagar Parishad Alot and Mahidpur shall be expedited. We further direct the Municipal Corporation of Ujjain, Indore and Dewas to expedite the proposal work under AMRUT 2.0 Namami Gange Phase I & II. The undergoing projects in Ujjain must be completed before the time line as scheduled. The STP must be kept in running condition and all the domestic waste water generated from the city of Ujjain, Dewas, Ratlam and Indore must be treated through STPs, proper steps be taken to ensure that no plastic waste and other waste be thrown into the river and department of Agriculture shall encourage the organic farming by means of public awareness. All four Municipal Corporations are further directed to carry out the dense plantation along the bank of river Kshipra with geo tagging with assurance of their survival. The State Pollution Control Board is directed to periodically monitor the status of discharge of untreated water into the river Kshipra and in case, it is found that there are violations of environmental rules and untreated water is discharged into the water bodies necessary 113 actions in addition to assessment and realization of environmental compensation must be taken in accordance with law.
29. With these directions/observations, the Original Application stands disposed of. A copy of the order be sent to Secretary Environment/ Urban Department, Member Secretary, State Pollution Control Board and District Magistrate of the District situated on the bank of river Narmada and Shipra for implementation and compliance.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 10th October, 2023 O.A No.25/2023(CZ) K 114