National Green Tribunal
Commodore (Brig. Rnk) Rakesh Verma vs M/S V. T. Parlesha Llp & Mohite ... on 5 December, 2022
Item No. 2 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 92/2022(WZ)
Commodore (Brig. Rnk ) Rakesh verma
.....Applicant
Versus
M/s V.T. Perlesha LLP & Mohite Associates
....Respondent(s)
Date of hearing: 05.12.2022
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Omkar Chavan, Advocate
Applicant-in-person
Respondent(s) : Mr. Saurabh Kulkarni, Advocate for R-1/Project Proponent
Ms. Manasi Joshi, Advocate for R-9 & 10/MPCB
Mr. Rahul Garg, Advocate for R-12 to 14
ORDER
1. In compliance with our earlier order dated 15.11.2022, the MPCB has submitted it's visit report along-with affidavit, which are at Page Nos.
658 to 689 of the paper book. The visit was carried out on 22.11.2022 and the following has been submitted in the Report:-
"Submission of Report by MPCB:-
Applicant commodore (Brig. Rnk) Rakesh Verma has filed this application against Respondent No. 1 against the operation of STP at the 'Urban Nest' on Survey Nos. 58/2/1A, 58/2/2A and 58/2B of village Undri, Taluka Haveli, Pune, State of Maharashtra and the noise pollution by Respondent No. 1.
Hon'ble Tribunal vide Order dated 19/10/2022 and 15/11/2022 directed Maharashtra Pollution Control Board to visit the site in question and submit the report. Accordingly, the Officials of the Maharashtra Pollution Control Board carried out the visit on 22/11/2022 at the said site and submitting the report as below --
Visit carried out on 22/11/2022. During visit following observations are made, Page 1 of 8
1) M/s. VTP and Mohite Associates (Urban Nest) has a residential and commercial construction project at Sr. No. 58/2/1 A + 58/2/2A, 58/2B, Undri, Tal- Haveli, Dist-Pune.
2) PP has obtained EC on 03.09.2021 for total plot area-
35300 sq.mt and total BUA- 77154.49 Sq.mt.
3) PP has obtained Consent to establish on 02.03.2016 for total plot area - 35300 sq.mt and total BUA- 78978.69 Sq.mt and applied for revalidation of consent to establish for total BUA- 77154.49 Sq.mt
4) PP has applied for consent to operate for total BUA-
69536.77 sq.mt.
5) During visit it observed that, PP has completed construction work of residential building Al, A2, A3, B1 and B2, completed construction work of commercial building C1, C2 and club house.
6) During visit representative of project proponent Shri. Uday Sutar informed that there is a 90% occupancy in residential buildings, in commercial building C1 -- out of 84 shops only 22 no. of shops has occupied and in commercial building C2- out of 172 shops only 12 no. of shops occupied
7) PP has provided 1St STP of 250 CMD which comprises primary, secondary, tertiary treatment for residential building, during visit STP found in operation. Treated effluent is recycled for flushing and gardening. Collection cum neutralization and aeration tanks are underground.
Slight odour nuisance is observed near STP. PP has provided common exhaust vent pipe to neutralization tanks, aeration tank and setting tank. Exhaust of vent pipe is kept above terrace of residential building. JVS of STP outlet is collected for analysis purpose.
8) PP has provided 2'd STP of 135 CMD capacity adjacent to this STP, for commercial building C2. It is comprised of primary, secondary and tertiary treatment; same is not in operation till date as there is no generation of sufficient sewage load and whatever generated sewage is transferred to another STP of 50 CMD capacity for further treatment.
9) PP has provided 3' STP of 50 CMD capacity for commercial building C2 and located near C2 building. It is comprised of primary, secondary and tertiary treatment during visit STP found in operation. Treated effluent is recycled for flushing and gardening. JVS of STP outlet is collected for analysis purpose.
10) STP of 250 CMD is located approx. 14.71 mt away, STP of 135 CMD is located approx. 8.04 mt away and STP of 50 CMD is located approx. 192.4 mt away from the residence of applicant. The distance between STP of 250 CMD and STP of 135 CMD is approx. 20.66 mt.
11) PP has provided two no. of OWC's of capacity 400 kg/day and 250 kg/day capacity, OWC of 400 kg/day capacity is found in operation as per wet solid waste load.
Page 2 of 8Copy of the visit report is attached and enclosed herewith as an Annexure-I. The M.P.C. Board Officials carried out noise monitoring within the project site in question and near applicant's residence on 22/11/2022. The detailed noise monitoring report is as below, Noise monitoring report:-
Sr. location Date Time Noise Noise meter
No. Limits in reading in
dB(A) Leq dB(A) Leq
day time
for
Residential
area
Within Project Site
1 Near collection tank 22-11-2022 14:10 55 52.89
2 Near Blower room of STP 22-11-2022 14:15 55 72.11
3 Near Aeration tank 22-11-2022 14:20 55 62.16
Near Residence of Applicant
4 Near front gate of applicant's 22-11-2022 14:27 55 52.42
residence
5 At 5 mt. away from STP 22-11-2022 14:32 55 52.84
6 Outside compound wall of 22-11-2022 14:37 55 53.07
STP
From the Noise monitoring reports dated 22/11/2022, it can be stated that the noise levels within the project site in question is exceeding the limits near Blower room of STP and near Aeration tank and found within the limit at applicant's residence as per The Noise Pollution (Regulation and Control) Rules, 2000 (rule 3(1) and 4(1) residential area daytime (6.00 a.m. to 10.00 p.m.) limit- 55 dB(A) Leq.
As per the interim direction issued by MPCB dated 30/03/2022, PP has appointed an expert Government Educational Institute i.e. COEP Technological University, Pune to study and suggestion of technical & remedial measures so as to minimize the odour and noise pollution from STP. Accordingly, COEP Technological University, Pune has given second interim report for STP adequacy for said project vide letter dated 17/10/2022 and mentioned progress about the recommended remedial measures. Copy of the second Interim Report of COEP is enclosed herewith as an Annexure-II. However, during visit dated 22/11/2022, following observations are made as per the COEP recommended remedial measures,
1) PP has provided one working and one standby sewage transfer pump to maintain sewage treatment.
2) The anoxic tank is provided with gentle agitation.
3) Provided fine bubble diffuser to ensure effective aeration in aeration tank.
Page 3 of 84) PP has provided acoustic enclosure to two no. of blowers. Room is partially covered with foam sheets and pumps were provided with covers.
5) Installed Tube Settler Media in the secondary settling tank.
6) Provided a pump with 12 m3/hr at 20 m Head and provided recycle line in the filter feed tank.
7) Installed new sand filter and carbon filter in parallel operation.
8) Provided a control panel with an automatic operation mode.
9) Chlorinator is found in operation.
10) Ozonator is found in operation. 11) A terminal manhole for collecting samples and measuring
flow at the end of the collection system is provided.
12) Flow meters are provided at inlet of the Sewage treatment plant and at outlet of sewage treatment plant.
13) Provided proper covers to all inspection chambers.
14) Provided proper noise insulating covers for pumps.
15) Maintained cleanliness in the sewage treatment plant area.
16) PP has informed that, for scientific operation of STP training is provided to sewage plant operators.
17) For acoustic treatment of Air blower rooms, PP has provided acoustic enclosure to blower. Room is partially covered with foam sheets and pumps were provided with covers.
18) Bio culture is added in equalization tank to avoid odour nuisance to the surrounding area.
19) Provision for sludge collection and disposal of sludge collected from bar screen and secondary settling tank is in process.
Again COEP has given Third Interim report for STP adequacy for said project vide letter dated 25/11/2022 and mentioned progress about the recommended remedial measures, copy of the Third Interim Report of COEP is enclosed herewith as an Annexure-III, which are same as above.
During second visit, it's observed that, PP has provided metallic acoustic enclosure with internal acoustic foam panel to Blower. As per orally request of the Applicant again noise monitoring is carried out on 29/11/2022.
Noise monitoring report:-
Sr. location Date Time Noise Limits in Noise meter No. dB(A) Leq day reading in time for dB(A) Leq Residential Within Project Site area Page 4 of 8 1 Near collection tank 29-11-2022 9:56 55 51.1 2 Near Blower room of STP 29-11-2022 10:02 55 52 3 Near Aeration tank 29-11-2022 10:07 55 51 Near Residence of Applicant 4 Near front gate of applicant's 29-11-2022 8:54 55 49.4 residence 5 At 5 mt away from STP 29-11-2022 9:32 55 49.3 6 Outside compound wall of 29-11-2022 9:38 55 49.7 STP From the Noise monitoring reports dated 29/11/2022, it can be stated that the noise levels within the project site in question and near applicant's residence is found within the limit as per The Noise Pollution (Regulation and Control) Rules, 2000 (rule 3(1) and 4(1) residential area daytime (6.00 a.m. to 10.00 p.m.) limit- 55 dB(A) Leq.
2. It is evident from the said report that the MPCB had found slight odour nuisance at the time of inspection near STP, though the Project Proponent has provided common exhaust vent pipe to neutralization tanks, aeration tank and settling tank, which is kept above the terrace of residential building and it is also recorded that Joint vigilance sample of STP outlet is collected for the analysis purpose and the result is expected to come within 15 days. The reference is found in this report that all these 3 STPs. are located at different distances from the residences of the Applicant i.e. 14.71 mtrs. away, 8.04 mtrs. away and 192.4 mtrs. away respectively.
3. As regards the noise pollution, it is recorded in this report that it is exceeding the limits near Blower room of STP and near Aeration tank, but is found within the limit at Applicant's residence as per the Noise Pollution (Regulation and Control) Rules, 2000 [Rule 3 (1) and 4(1)] residential area daytime (6.00 a.m. to 10.00 p.m.) limit- 55 dB (A) Leq. Page 5 of 8
4. It is also recorded in the report that on the basis of interim direction issued by the MPCB on 30.03.2022, Project Proponent has appointed an Expert Government Educational Institute i.e. COEP Technological University, Pune to study and suggest the technical & remedial measures to minimize the odour and noise pollution from STP, which has recommended the above-mentioned 19 measures, though in the Annexure-III, which is 3rd Interim report, 20 recommendations have been shown in tabular form and in Column 5 of the said table, the compliances made are also indicated. We find from the Annexure- III that with respect to air Blower, the recommendation which has been made by the College of Engineering, Pune (COEP), the Acoustic Hood is stated to have been provided and the room is partially covered with foam sheets and pumps in order to take care of the sound pollution.
5. The learned Counsel for the Applicant has disputed the compliance of the said recommendation by filing a rejoinder, where-in para no. 28, it is stated by him that it is incorrect to say that additional metallic acoustic enclosure with an internal acoustic foam panel to the blower was provided due to which the noise levels have come down. He further emphasized that the noise pollution has been recorded by the MPCB, which is stated to be within prescribed limit of day time only, which is fairly conceded by the learned Counsel for the MPCB, saying that during night time, what was the pollution level, has not been recorded by it. We direct the MPCB that during the night time, pollution level should also be recorded and whether the same is found under permissible limit, should be submitted by the next date positively.
6. With respect to controlling the odour nuisance, at Serial No. 19 the report says that bio-culture is added in equalization. The learned Counsel for the MPCB states that because of this measure having been adopted, Page 6 of 8 the nuisance pertaining to bad odour has been taken care of, but it is admitted by the learned Counsel for the MPCB that the final report is yet to be filed, therefore, complete picture would emerged only after the final report is received, which is expected to be received within a period of 15 days.
7. In the light of the above report, we find that several steps appear to have been taken by the Project Proponent but they are stated to be inadequate by the learned Counsel for the Applicant.
8. We find this application worth admitting and direct the Registry to issue notices to the Respondent No. 1/Project Proponent, Respondent No. 12/The Commissioner, Pune Municipal Corporation, Respondent No. 13/ Pune Metropolitan Region Development Authority, Respondent No.14/ The City Engineer, Pune Municipal Corporation, Respondent No.15/ The Building Inspector, Pune Municipal Corporation and Respondent No. 16/ N safe Technologies LLP.
9. Since learned Counsel Mr. Saurabh Kulkarni accepts notice on behalf of Respondent No.1 and learned Counsel Mr. Rahul Garg accepts notice on behalf of Respondent Nos. 12 to 14, hence notices to Respondent Nos.1 & 12 to 14 are waived.
10. Applicant is directed to provide copy of the application and relevant documents to the Respondents within a week.
11. Respondents are directed to submit their reply within 04(four) weeks providing copies of the same to the other parties in advance.
12. Applicant is also directed to take necessary steps for service upon the Respondents by both ways and also through available e-mail. Page 7 of 8
13. Since we find that installation of Acoustic Hood is being disputed by the learned Counsel for the Applicant despite the compliance report having been submitted by the MPCB. We constitute a Committee comprising:-
(i). One Representative from the Central Pollution Control Board (CPCB);
(ii). One Representative from the Maharashtra Pollution Control Board (MPCB); and
(iii). One Representative from the Commissioner, Pune Municipal Corporation (PMC).
14. Maharashtra Pollution Control Board (MPCB) shall be the nodal agency for coordination and logistic support
15. The Committee shall verify these facts and submit its report by the next date positively and in case, it is found that any false averment is being made by the learned Counsel for the Applicant, he would be subjected to cost.
16. The report in the matter be filed by the Committee by e-mail at ngt-
[email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
17. Applicant is directed to supply the required documents and copy of the application to the Members of the Committee within three days from today.
Put up this matter on 23.01.2023
18. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM December 05, 2022 Original Application No. 92/2022(WZ) P.Kr Page 8 of 8