National Green Tribunal
Kankana Das D/O Mr. Aditya Kumar Das vs Union Of India Through Secretary ... on 9 March, 2022
Item No. 06 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No.139/2017/EZ
(I.A. No.30/2022/EZ)
Kankan Das Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 09.03.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Rahul Choudhary, Advocate
For Respondent(s) : Mr. Debasish Ghosh, Advocate for R-1,
Mr. Surendra Kumar, Advocate for R-2 & 5,
Ms. Aishwarya Rajyashree, Advocate for R-3,4, 6 to 8,
Ms. Koyeli Mukhopadhyay, Advocate for R-14,20&29,
Mr. Pranit Bag, Advocate for R-21,
Mr. Rupam Gupta, Advocate and Mr. Anirban Dey,
Advocate for R-24
ORDER
1. Heard Mr. Rahul Choudhary, learned Counsel for the Applicant.
2. Mr. Rupam Gupta, learned Counsel assisted by Mr. Anirban Dey, learned Counsel state that they have been engaged as counsel on behalf of the Respondent No.24 recently and have filed vakalatnama on 18.02.2022 in the Tribunal. The same is however not on record. The Registry of the Tribunal is directed to trace out the same and place it on record. Learned Counsel prays for an adjournment today to enable him to collect all the documents filed in the present original application.
3. A compliance report on affidavit dated 05.03.2022 has been filed by Respondent No.6, Urban Development and Housing Department, Govt. of Jharkhand; the same is taken on record. The affidavit indicates the dumping and disposal of solid waste in 50 Urban 1 Local Bodies which they have been mentioned in the form of chart annexed as Annexure-A (page no.800 of the paper book).
4. On perusal of the Annexure-A, it is observed that from Sl. No.26 to 31, the tender process for selection of concessionaire is under process. Similarly, from Sl. No.32 to 39, the DPR is under approval and from Sl. No.40 to 50, the tender process for selection of consultant to prepare DPR has been initiated. In all the cases, no timeline has been given as to when the process for selection of concessionaire will be completed which is practically in 50% of the Urban Local Bodies.
5. The affidavit also does not disclose as to who is disposing the Municipal Solid Waste in the absence of concessionaire for the Urban Local Bodies at mentioned from Sl. No.26 to 50 and also whether the Solid Waste Management Rules, 2016 are being followed in all the Urban Local Bodies of the State.
6. One compliance report on affidavit dated 08.03.2022 has been filed by Respondent Nos.3 & 6; same is taken on record. In the affidavit, the present status of STPs in the State of Jharkhand and the timeline for completion of Faecal Sludge Treatment Plant (FSTPs) in all the 50 Urban Local Bodies has been indicated from July, 2022 till December, 2026 which means that another four years is required for the FSTPs in the State of Jharkhand to be established in all the 50 Urban Local Bodies. This is an extremely long run process and needs to be expedited.
7. We, therefore, direct the Chief Secretary, State of Jharkhand as well as Principal Secretary, Urban Development & Housing Department (UDHD), Govt. of Jharkhand to expedite the process of 2 establishment of FSTPs in the urban local bodies and complete the same by December, 2023.
8. Further, with regard to the details of existing STPs in the State a tabular statement has been indicated in page no.118 & 119 of the affidavit which states that many of the existing STPs, are functioning below capacity. For example, Sahibganj Nagar Parishad STP of capacity 12 MLD is functioning at 74%, JUSCO Jamshedpur STP of capacity 50 MLD is functioning at 51%, BSL Bokaro STP of capacity 31.5 MLD is functioning at 80% and Dhanbad STP of capacity 50 KLD is functioning at 80%.
9. It is not clear from the affidavit whether the under utilization of the STPs is due to non-connection of the underground sewage treatment with the concerned STPs or as on date only the percentage prescribed per STP is the optimum usage. When the learned Counsel for the State of Jharkhand was requested to explain the reason for under utilization capacity of the STPs she was unable to do so as the documents filed by the Respondents are silent in this regard.
10. With regard to the proposed future STPs in the State, it is stated that the DPR is under preparation or has been prepared but the date of completion or time schedule for completion of the project has not been indicated.
11. We, therefore, direct the State of Jharkhand and the Urban Development & Housing Department (UDHD), Govt. of Jharkhand to clarify the above in their revised affidavit indicating exactly the percentage utilization of the STPs in question, whether that is the optimal usage of the STPs or there is a delay in connecting all the underground sewage system to the STP leading to short fall in the 3 utilization capacity. Further, the affidavit must disclose specific timelines for completion of all the STPs so that the State can be fully environmental compliant with regard to disposal of solid waste. Let the affidavit be filed within three weeks.
12. Mr. Surendra Kumar, learned Counsel for Respondent No.5, Jharkhand State Pollution Control Board prays for and is granted further three weeks time for filing the affidavit.
13. The State Respondents as well as Jharkhand State Pollution Control Board shall state clearly in their affidavit what action plan they have formulated for disposal of bio-medical waste till remedial measures are installed and what penal action has been taken against the violators who do not meet environmental norms.
14. Mr. Pranit Bag, learned Counsel for Respondent No.21 prays for and is granted three weeks time for filing affidavit of Respondent No.21.
15. List on 21.04.2022.
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B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM March 09, 2022 Original Application No.139/2017/EZ (I.A. No.30/2022/EZ) MN 4