National Green Tribunal
Anupam Verma Advocate vs State Of U.P. & Ors on 9 August, 2024
Item No. 07 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No.170/2022
(I.A. No.201/2024)
Anupam Verma Applicant
Versus
State of U.P. & Ors. Respondents
Date of hearing: 09.08.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None
Respondent(s): Mr. Gi. Gi. C. George and Mr. Dheeraj Singh, Advocates
for State of U.P.
Mr. Pradeep Misra and Mr. DaleepDhyani, Advocates for
UPPCB (through VC)
Mr.Pranshul Chandra, Advocate for UPEIDA
ORDER
1. This Original Application was registered on a letter petition dated 22.12.2021 sent by Anupam Verma complaining that Purvanchal Express Way was constructed by U.P. Expressways Industrial Development Authority (hereinafter referred to as 'UPEIDA') by following the IS Code: 15797, which made provision of water harvesting of rain water at Express way but the same has not been doneas per the prescribed norms. The road has been constructed with bitumen which is water soluble and remnants of bitumen, waste generated by road usage 1 carried out to ground water seriously contaminating the same creating health hazards.
2. Tribunal took cognizance of the matter on 18.04.2022 and found it appropriate to obtain a Factual Report from a Joint Committee comprising Central Pollution Control Board (hereinafter referred to as 'CPCB'), Central Ground Water Authority (hereinafter referred to as 'CGWA'), Indian Road Congress (hereinafter referred to as 'IRC') and Uttar Pradesh Pollution Control Board (hereinafter referred to as 'UPPCB').
3. Committee submitted its Report dated 18.08.2022 through Chief Environmental Officer, Circle-5, UPPCB. Report says that Joint Committee interacted with the officials of UPEIDA and they provided following information:
"4.1. Total length of the Purvanchal Expressway is 340 KM. The project has been constructed during 2018-21 after obtaining the Environmental Clearance from SEIAA, UP. The copy of the Environmental Clearance (EC) is attached at Annexure. 4.2. In the said EC, the condition of rainwater harvesting has been prescribed at Sr. No.27 as „Rain water harvesting sites should be developed where ever possible as per Norms.‟ 4.3. To comply with the condition of the EC, the plan for installation of 1361 rainwaterharvesting structure have been planned and the construction of 176 structures has been started following Appendix 7 of Guidelines for expressways (2010) issued by Ministry of Road Transport and Highways (MoRTH) and published by IRC for rainwater harvesting and artificial recharge along national highways. 4.4. At the same time the UPEIDA also referred the matter to Ground Water Department, UP Govt for enquiring about the feasibility of groundwater harvesting structures along Purvaanchal Expressway.
4.5. The Ground Water Department, U. P. informed to concerned Project Engineers that if the groundwater table during post 2 Monsoon period is below 8.00 m, then only the installation of rainwater harvesting system is recommended. In the region of Purvaanchal Expressway the Ground Water Table is shallow at less than 8.00 m.
4.6. Considering the recommendation of Ground Water Department, the construction of remaining 1185 rain water harvesting structures have been de-scoped from proposed scope of work.
4.7. Thus, only 176 rainwater harvesting structures have been installed along the Purvanchal Expressway.
5. The matter related to requirement of the groundwater recharge considering the level of water table in the said area is briefly discussed with the member representing CGWB. 5.1. The groundwater recharge is essentially recommended when the groundwater levelis more than 8.00 mbgl during post monsoon period as per state government norms.However, water conservation measures are also mandatory in shallow water levelareas.
5.2. As per the available data of Ground Water Monitoring Stations of UPGWD in thecovering the districts and blocks, the water level along the periphery of theexpressway almost is less than 8.00 mbgl, thereby water conservation measures arefeasible to adoption instead of artificial recharge in shallow water level areas.
5.3. Along the periphery of the expressway, the groundwater level in Azamgarh districtis shallow but category of three blocks namely Ahirauala, Palhani and Sathiyaon arein semi-critical category as per GWRE 2020. The comparison between category ofblocks as per GWRE -2017 & 2020 shown in Table no 1 and Fig no 1 & 2."
4. Joint Committee visited random water harvesting structures constructed in the region between Lucknow and Barabanki Section and its observations are under:
"6.1. Total three rainwater harvesting structures are verified during the joint inspection visit by the committee members.
6.2. Rain Water Harvesting structures with two recharge wells are constructed in every 500 m distance along the both side of the expressways.3
6.3. The RWH designed as settling chamber followed by the filtration unit in which two recharge wells 200mm (8") dia. have been installed. The length of the pipe is keptas around 15 mas an average.
6.4. The geotextile membrane is surrounded to the pipe throughout the length of thepipe for entrapping fine sediments into recharge wells to avoid the clottingenhancing the efficiency of recharge wells.
6.5. It has been informed that, the drawings of the rainwater harvesting system has beenapproved by the Authority Engineer based on the guidelines of the MoRTH.
6.6. Tube wells have been constructed at every Toll Plazas after getting of NOCs from UPGround Water department for domestic and horticulture/greenbelt developmentpurposes."
5. Committee from the above observations found that installation of ground water recharge structures through recharge well is not required in the region of Purvanchal Expressway, hence, recharge structures can be converted for collection of rain water to utilize it for horticulture/greenbelt development to minimize fresh ground water extraction. Besides, surplus rain water could be diverted in the natural waterbodies i.e., ponds, lakes etc. Committee after referring several documents, summerised its findings as under:
"8.3.1. The member representing IRC informed the following to the Committee 8.3.1.1. Central Road Research Institute (CRRI) has studied the metalscontaminants of bituminous mix with aggregates and found that thereis no such observed contamination.
8.3.1.2. Indian Institute of Technology, Kharagpur (IIT Kharagpur) has studiedthe leaching effects of Gap Graded Rubberised Bituminous Mix (GGRB)which having 20-25% Crumb Rubber (result given below) and foundthat there is no such observed contamination of ground water.4
8.3.1.3. BITS, Hyderabad has studied the leaching effects of BituminousConcrete Mix (BC) with CRMB60, generally having 12-14% crumbrubber (which is also being used as wearing course of the PurvanchalExpressway) and found that there is no such observed contaminationof ground water.
8.3.1.4. The analysis tables provided in above mentioned studies are given inthe Annexure.
8.3.2. The United State Environmental Protection Agency (EPA) has carried out'Assessment of water quality runoff from sealed asphalt Surfaces.' Thedetailed report is also available in the EPA website.
8.3.2.1. The said study was planned as Runoff from roads and parking lots hasbeen shown to contain high levels of pollutants and to be toxic to bothfreshwater and marine organisms. Copy attached.
8.3.2.2. Following are the outcome of the study 8.3.2.2.1. The EPA study results represent the Polycyclic AromaticHydrocarbon (PAH) runoff that could be expected from runoff andweathering without contributions from vehicular use.
8.3.2.2.2. In toxicity testing of PAH-laden stormwater runoff, Ireland et al.(1996) observed a reduction in toxicity when the organic PAHcontaining fraction was removed from the samples. They alsoobserved in all runoff samples where TSS were removed byfiltration, an increase in toxicity indicating the PAHs were either insolution or sorbed to organic carbon. The high COD/TSS ratio forthis study indicates that most of the constituents in the runoff areeither in the aqueous phase or bound to colloidal material thatpasses through traditional TSS filters. While particulate release dueto vehicular abrasion is demonstrated in other studies (Mahler etal., 2004 and 2005), even without abrasion sealants may releasePAHs.
8.3.2.2.3. Routing and treatment of stormwater runoff appear to be effectivecontrols in reducing the toxicity of runoff in general. PAHs areassumed to be bound to particulates, which could imply thatsedimentation might treat runoff and remove PAHs.5
8.3.3. The adopted guideline to install rainwater recharging through well afterinstalling sedimentation followed by sand filtration seems to be sufficient tohandle the rainwater surface runoff in normal conditions.
8.3.4. However, case specific study in Indian condition is required consideringmaintaining groundwater quality is vital to the continued health of theenvironment. Hence, committee is of the considered view that the detailedCharacterisation study of the surface runoff from the bitumen roads in Indianenvironment need to be conducted through reputed organization. The studyshould also consider the different regional aspects throughout the country.
8.3.5. Based on the outcome of the above-mentioned study, CGWA in coordinationwith Ministry of Road Transport & Highways (MoRTH) can be asked to reviewthe existing mechanism of groundwater recharge using the surface waterrunoff the roads."
6. Committee made thereafter following recommendations:
"12. Recommendations: Considering the above-mentioned findings/observations, thefollowing is submitted for kind consideration of Hon‟ble NGT 12.1. Considering the data of the UP-Groundwater Department, the installation ofgroundwater recharge structures through recharge well is not required in the regionof Purvaanchal Expressway as artificial recharge to ground water is mandatory whenthe groundwater level is more than 8.00 mbgl during post monsoon period as perstate government norms, whereas the area along the Expressway observed lessthan 8.00 mbgl during post monsoon period.
12.2. The existing 176 recharge structures can be converted for storing the collection ofrainwater to utilize it for horticulture/ green belt development to minimise the freshgroundwater extraction besides surplus rainwater should be diverted in the naturalwater bodies viz. Ponds, Lakes, etc. 12.3. The NHAI/UPEIDA can be asked to monitor the water level data of Pre & Postmonsoon period of every year through the borewell/piezometer installed at the tollplazas.6
12.4. NHAI/UPEIDA can be asked to adopt at least 10 Hectare natural pond/lake in eachsemi-critical category blocks namely Ahirauala, Palhani and Sathiyaon in Azamgarhdistrict and ensure the recharging of groundwater through natural ponding and itsannual maintenance before onset of monsoon.
12.5. NHAI/UPEIDA can be asked for intensive afforestation with consultation of forestdepartment suitable varieties of plant trees in appropriate places on the highway,which can be helpful in enhancing ground water recharge.
12.6. Detailed Characterisation study of the surface runoff from the bitumen roadsthroughout the country can be conducted through the reputed organization havingexpertise in the relevant field."
7. UPEIDA in its reply filed vide e-mail dated 21.06.2022, has stated that it is an authority set up by State of UP vide Notification dated 27.12.2007 issued under Section 3 of Uttar Pradesh Industrial Area Development Act, 1976 (hereinafter referred to as 'UPIDA Act, 1976'). UPIEDA was nominated as Nodal Agency for development of Purvanchal Express vide notification dated 04.12.2017. UPEIDA, being a Government agency, is abiding the laws and has successfully constructed infrastructure projects like Agra Lucknow Expressway, Purvanchal Expressway and Bundelkhand Expressway by complying with the environmental laws and has maintained all pre-requisite Clearances, permissions etc.from the Competent Authorities. Purvanchal Expressway is starting from NH-731, District Lucknow and ending at Haidaria in District Ghazipur, passing through Districts Lucknow, Barabanki, Amethi, Sultanpur Ayodhya, Ambedkar Nagar Azamgarh, Mau and Ghazipur covering length of approximately 340.824 kilometers. UPEIDA has made provisions for rainwater harvesting in the project of Purvanchal Expressway in accordance with guidelines for Expressways Volume-II published IRC on behalf of Ministry of Road Transport and 7 Highways Volume-II:design, appendix-7/ Page-II-186 to II-189 which addresses following issues:
"Enhance the sustainable yield in areas where over development has depleted the aquifer.
Enhance the rainfall runoff, since this is going to sewer or storm water drain.
Conservation and storage of excess surface water for future requirements, since these requirements often change within a season or a period.
Surface water is inadwquate to meet our demand and we have to depend on ground water."
8. It is also said that UPEIDA has Forest Clearance for the project in question from Ministry of Environment, Forest and Climate Change vide letter dated 09.03.2018 and Environmental Clearance from Directorate of Environment, UP vide letter dated 22.03.2017.
9. Joint Committee Report dated 18.08.2022 was considered by Tribunal on 23.08.2022.However, since reply of UPEIDA did not respond to the observations made by Joint Committee, time was granted to UPEIDA to submit its response to Joint Committee Report dated 18.08.2022.
10. Reply dated 23.01.2023 has been filed by UPEIDA on the factual Report of Joint Committee dated 18.08.2022,stating that UPEIDA has engaged third party services for collection of groundwater data from various prepositions of the project inquestion including toll plazas. In respect of the recommendation no.12.2 of the Joint Committee Report, UPEIDA has plugged existing 176 recharge structures for storing the collection of rainwater to utilize it for horticulture/greenbelt development to minimize the fresh groundwater extraction. In compliance of recommendation 12.3 of Joint Committee Report, post monsoon water 8 level has been monitored through bore-well/piezometersby third party. In respect of compliance to recommendations of 12.4 of Joint Committee, it is said that UPEIDA has developed several natural ponds/lakes during construction of Purvanchal Expressway and about 67.25 hectare area has been converted in ponds along the Purvanchal Expressway in semi-
critical category blocks namely,Ahiraula, Palhani and Sathiyaon in Azamgarh District. Towards compliance of recommendation no. 12.5, UPEIDA has said that it planted 5,59,900 trees on Purvanchal Expressway which can be divided into two main categories i.e., 'Avenue' and 'Median' plantation. The 'Avenue plants' comprised of species like Sheesham, Jamun, Arjun, Neem, Siris, Chitwan, Kachnar, Cassia Siamea, Pipal, Bargad, Goolar, Pakad and Kanji, which are approximately 3,74,110 in number whereas the 'Median plantation' consists of species like Chandni, Kachnar, Manokamini, Bottlebrush, Tichoma and Gudhal etc. which are 1,85,790 in numbers.
11. It is also said that the Purvanchal Expressway is situated in Upper Gangetic Plains of Uttar Pradesh which comes under Sub-Tropical Deciduous Forest Category, and planted species are recommended in the IRC guideline no.IRC:SP:21-2009. The plantation activity and its maintenance work will be executed for next five years to make the plantation establish. In respect of recommendation 12.6, UPEIDA said that it has engaged CSIR-Indian Institute of Toxicology Research, Lucknow for characterization study of surface runoff available on both sides of Purvanchal Expressway.
12. The above reply was considered by Tribunal on 05.04.2023. Tribunal found that UPEIDA has engaged Indian Institute of Toxicology Research, Lucknow for characterization study of surface runoff available on both sides of Purvanchal Expressway and the Report was 9 awaited.Accordingly, on the request of Learned Counsel for UPEIDA, time was granted to file additional reply.
13. Report of Indian Institute of Toxicology Research was submitted by e-mail dated 01.08.2023.
14. Thereafter, additional reply was filed by UPEIDA vide e-mail dated 14.02.2024 and said reply stated as under:
"1. To comply with the condition of the EC, the plan for installation of 1361rainwater harvesting structure have been planned and the construction of 176structures has been started following Appendix 7 of Guidelines for expressways(2010) issued by Ministry of Road Transport and Highways (MORTH) andpublished by IRC for rainwater harvesting and artificial recharge along nationalhighways.
2. At the same time the UPEIDA also referred the matter to Ground WaterDepartment, UP Govt for enquiring about the feasibility of groundwaterharvesting structures along Purvaanchal Expressway.
3. The Ground Water Department, U. P. informed to concerned Project Engineersthat if the groundwater table during post Monsoon period Is below 5.00 m, thenonly the installation of rainwater harvesting system is recommended. In theregion of Purvaanchal Expressway the Ground Water Table is shallow at lessthan 8.00 m.
4. Considering the recommendation of Ground Water Department, the constructionof remaining 1 IBS rainwater harvesting structures have been de-scoped fromproposed scope of work.
5. Thus, only 176 rainwater harvesting structures have been installed along thePurvanchal Expressway.
6. That groundwater recharge is essentially recommended when the groundwaterlevel is more than 8.00 mbgl during post monsoon period as per stategovernment norms However, water conservation measures arc also mandatory inshallow water level areas.
7. Along the periphery of the expressway, the groundwater level in Azamgarhdistrict is shallow but category of three 10 blocks namely Ahirauala, Palhani andSathiyaon are in semi- critical category as per GWRE 2020. The comparisonbetween category of blocks as per GWRE -2017 & 2020 is shown in, Fig 1 andFig No.2.
Figures omitted
8. The committee visited the random rainwater harvesting structures constructed inthe reglon between Lucknow and Barabanki section the details of which are asfollows:
Total three rainwater harvesting structures are verified during the jointinspection visit by the committee members.
Rainwater Harvesting structures with two recharge wells are constructed inevery 500 m distance along both side of the expressways.
The RWH designed as settling chamber allowed by the filtration unit in whichtwo recharge wells 200mm (8") dia. have been installed. The length of thepipe is kept as around 15 m as an average.
The geotextile membrane is surrounded to the pipe throughout the length ofthe pipe for entrapping fine sediments into recharge wells to avoid theclotting enhancing the efficiency of recharge wells.
It has been informed that, the drawings of the rainwater harvesting systemhas been approved by the Authority Engineer based on the guidelines of theMoRTH.
Tube wells have been constructed at every Toll Plazas after getting of NOCsfrom UP Ground Water department for domestic and horticulture/greenbeltdevelopment purposes.
9. Considering the above, the committee was of the considered view that theinstallation of groundwater recharge structures through recharge well is not requiredin the region of Purvaanchal Expressway and hence the above recharge structurescan instead be converted for collection of rainwater to utilize it for horticulture/green belt development to minimise the fresh groundwater extraction besidessurplus 11 rainwater should be diverted in the natural waterbodies viz.
ponds, lakes etc.,
10. The committee also discussed about the possible contaminants in the bituminousroad surface runoff which are as follows:
Bitumen is not soluble in the water. However, with time the surface coating ofdust-bitumen matrix is strip-off and accumulated along the roadsides.
During site visit it found that there is negligible stripping, it might be due touse of quality aggregate having good bitumen adhesion property.
11. Committee referred several documents in this regard which are summarised asbelow:
Central Road Research Institute (CRRI) has studied the metalscontaminants of bituminous mix with aggregates and found that there isno such observed contamination.
Indian Institute of Technology, Kharagpur (IIT Kharagpur) has studied theleaching effects of Gap Graded Rubberised Bituminous Mix (GGRB) whichhaving 20-25% Crumb Rubber (result given below) and found that there isno such observed contamination of ground water.
BITS, Hyderabad has studied the leaching effects of Bituminous ConcreteMix (8C) with CRMB&O, generally having 12-14% crumb rubber (which isalso being used as wearing course of the Purvanchal Expressway) andfound that there is no such observed contamination of ground water.
12. The committee also referred the BIS Code 15797 which is indicated in theHon‟ble NGT order. The said code related to Roof Top Rainwater Harvesting.The said code mainly gives the designs of Roof Top Rainwater Harvesting inthe buildings and recommends for discarding the first rain of runoff. However, in case ofthe expressways regular cleaning of dust and dirt through tractor/truck mounted vacuum cleaning machine and brush cleaning machine is being practiced. At least one such machine is deputed in each 12 patch of the expressway. And in that way the road dust owing through the first surface runoff can be minimized.
13. The committee also interacted with Additional Chief Secretary, UP Govt, and CEO of UPEIDA. He appraised the committee that the Purvanchaal Expressway has been built in the record time and that too during the Period of COVID The committee expressed their views regarding rainwater conservation by converting the 176 structures constructed for groundwater recharge, massive afforestation along the expressway and water conservation by adopting at least 10 Hectare existing ponds with the depth of 3 meter to create additional storage of rain water in three blocks namely Ahirauala, Palhani and Sathiyaon of Azamgarh district which fall in the semi- critical category. He expressed his concurrence for execution of these works if concurred by Hon‟ble NGT."
15. Learned Counsel for UPEIDA has submitted that UPEIDA complied with all recommendations and sought to place the chart showing list of ponds during construction of Purvanchal Expressway during the course of hearing but in absence of the information available on record, we do not find that such document can be entertained. There is also nothing to verify the facts regarding number of plantation and maintenance of trees on the roads side. Opportunity was granted to the parties on 29.04.2024 to file/response if any, but the said opportunity has not been availed by UPEIDA.
16. Counsel for UPEIDA today stated that he may be granted sometime to place on record relevant facts to verify compliance of recommendation of Joint Committee. Since it has already failed to avail the opportunity and the request made today is nothing but an attempt to seek adjournment and thereby, delay in disposal of matter though it is listed today for final hearing, We find it appropriate to impose cost of Rs. 50,000/- upon UPEIDA which shall be paid within two weeks with 13 Registrar General of this Tribunal and subject to payment of cost, UPEIDA is granted one month's time to file additional reply, if any.
17. List for further consideration on 13.09.2024.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM August 09, 2024 Original Application No.170/2022 M 14