National Green Tribunal
Sunaina vs State Of Punjab Through Its Chief ... on 18 July, 2023
Item No. 02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(BY HYBRID MODE)
Original Application No. 490/2022
Sunaina Applicant
Versus
State of Punjab & Ors. Respondent(s)
Date of hearing: 18.07.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, CHAIRPERSON
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Ms. Sunaina, Applicant in Person
Respondent: Mr. Shubham Bhalla, Adv. for R - 10
ORDER
1. Grievance of the applicant is to ensure supply of potable and clean water to the residents of Zirakpur-Banur-Rajpura belt and to draw comprehensive plan to find out the root causes of contamination of water and suggest remedial measures. The applicant has averred that due to supply of contaminated water, the residents of Zirakpur-Banur-Rajpura belt are suffering from various diseases like cholera, jaundice, typhoid, vomiting, abdominal pain, diarrhea, dehydration and skin-borne diseases.
In support of the application, the applicant has placed on record copies of the newspaper reports.
2. The matter was taken up by this Tribunal on 08.07.2022 and the joint Committee consisting representative of State PCB; Principal 1 Secretary, Department of Health, Government of Punjab; Punjab Water Supply and Sewerage Board and Deputy Commissioners, Patiala and Mohali was constituted with direction to submit a factual and action taken report.
3. In compliance thereof, the report of the Joint Committee has been filed vide email dated 07.10.2022.The relevant part of the report reads as under:-
"Report of the Joint District Level Committee in the matter of OA No. 490 of 2022: Sunaina V/s State of Punjab and Others, in compliance of Hon'ble National Green Tribunal Orders dated 08.07.2022.
1.0 Background:
The matter is related to a petition filed by Ms. Sunaina, Advocate seeking issuance of appropriate directions to the respondents to ensure supply of potable and clean water to the residents of Zirakpur-Banur- Rajpura belt and to draw comprehensive plan to find out the root causes of contamination of water and suggest remedial measures. The applicant has averred that due to supply of contaminated water, the residents of Zirakpur-Banur-Rajpura belt are suffering from various diseases like cholera, jaundice, typhoid, vomiting, abdominal pain, diarrhea, dehydration and skin-borne diseases.
In the order dated 08.07.2022, it was observed by Hon'ble National Green Tribunal as under:
"The averments made in the petition raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010.In view of the serious allegations made in the present application, it would be appropriate to have a factual and action taken report in thematter".
2.0. Directions of Hon'ble National Green Tribunal:
Hon'ble National Green Tribunal vide its order dated 08.07.2022 (Annexure-1), directed as follows:
" We constitute a Joint Committee comprising of representative of State PCB; Principal Secretary, Department of Health, Government of Punjab; Punjab Water Supply and Sewerage Board and Deputy Commissioners, Patiala and Mohali respectively. The Punjab PCB, will be the Nodal agency for coordination and compliance. Factual and action taken report may be furnished within two months by e-mail. The Joint Committee may meet within four weeks, undertake field visits, look into the allegations made in the application, verify the factual position, draw samples of drinking water supplied to the residents of the localities involved and take remedial action for ensuring supply of clean and safe drinking water to the residents of the 2 concerned localities on sustained basis by following due process of law. List the matter for further consideration on 10.10.2022"
3.0. Compliance of the Directions of Hon'ble NGT:
A. Constitution of Joint District Level Committee In compliance of the directions of the Hon'ble NGT, a joint district level Committee was constituted under the chairmanship of Additional Deputy Commissioner comprising of the following member vide Deputy Commissioner,-. Mohali order no DC/MHU3552 dated 22.08.2022 with a copy to Principal Secretary, Department of Health, Principal Secretary, Punjab Water Supply & Sewerage Board, Principal Secretary, Punjab Water Supply & Sanitation, Chief Administrator, GMADA Chairman, PPCB and DC, Patiala i. Sub-Divisional Magistrate, Derabassi ii. Sub-Divisional Magistrate, SAS Nagar.
iii. Senior Engineer (Public Health), GMADA iv. Environmental Engineer, PPCB, SAS Nagar v. Executive Officer of concerned Municipal Committee(s) vi. Executive Engineer, Department of Water Supply & Sanitation, SAS Nagar vii. Executive Engineer, Punjab Water Supply & Sewerage Board, SAS Nagar viii. Chief Medical Officer, SAS Nagar Further, Deputy Commissioner, Patiala vide its letter no 2131 dated 28 08.2022 nominated Additional Deputy Commissioner (UD), Patiala for representation from District Patiala.
B. Meeting of the Joint District Level Committee:
As per the directions of Hon'ble NGT, joint district level committee conducted meeting on 30.08.2022 and it was decided as under
1. A Committee comprising of official of Department of Water Supply & Sanitation, Punjab Water Supply & Sewerage Board, Concerned ULB and Representative of Chief Medical Officer shall carry out sampling of ground water sources for Organoleptic and Physical parameters, general parameters, parameters Concerning Toxic Substances, Parameters Concerning Radioactive Substance, Pesticide Residues Limits and Bacteriological Quality as mentioned in IS 10500: 2012, w.e.f. 31.08.2022.
The Committee shall draw samples from tail end of distribution of water supply and also points where earlier incidents of spread of water borne diseases were reported. The sampling should be carried out as per protocol defined and suggested by EE, DWSS.
2. The data regarding spread of incidents of water borne diseases in Zirakpur-Banur-Rajpura belt shall be provided by Chief Medical Officer, SAS Nagar and Patiala, to the Committee.
3. Sterilized bottles for sampling purpose shall be provided to the Committee by concerned ULB.
4. The samples so collected shall be tested in water quality lab of Department of Water Supply & Sanitation and the payment of the sampling shall be borne by concerned ULB.
5. The Committee shall also carry out flooding/ poor connection surveying and provide corrective suggestion regarding supply of potable water.
6. The Committee shall also find out root cause of contamination of water 3 and also suggest remedial measures.
7. The Committee shall submit its report within 07 days to Environmental Engineer, Punjab Pollution Control Board, Mohali in order to file reply on behalf of Joint Committee within stipulated time.
C. Visit of the Sub-Committee to the Water Supply locations to verify the status:
In compliance to the NGT orders dated 08.07.2022, the sub-committee in compliance of decisions of the meeting dated 30.08.2022 visited the Water Supply locations in Zirakpur, Banur and Rajpura on 01.09.2022 and collected water samples from the following locations:
Zirakpur Area- Samplinq carried from 15 locations a. GMS Homes 5 Basement Peermuchhalla (Tubewell) b. Anish Jagga, GMS Homes 90/A Peermuchhalla (Tap Water) c. Sukhna Colony Old Stadium, #102 (Tap Water) d. Preet Colony, #1026, Stadium (Tap Water) e. #578 Kulwant Singh, Preet Colony (Tap Water) f. #72 Adarsh Nagar Gold Mark Lohgarh (Tap Water) g. Adarsh Nagar Gali No.1 Rakesh Kumar (Tap Water) h. Tubewell, Ekta ViharBaltana i. Tap Water, #253, Mohinder Pal, Ekta Vihar, Zirakpur j. Tap Water, #279, Shiv Shankar, Anand Vihar, Phase-2, Batlana k. Tap Water, #292, Ashok Midha, Anand Vihar, Phase-2, Batlana l. Tap Water, #125, Kamal Krishan, Gobind ViharBaltana m. Tap Water, #113-D, Sastish Kumar Mittal, Gobind ViharBaltana n. Tubewell, Kali Mata Mandir o. Tap Water, #26 Shashi Jindal, Harkrishan Enclave Baltana Banur Area-Sampling carried from 10 locations a. Tubewell, Fouji Colony b. Tubewell, Bassiisse Kha c. Tap Water, Sweet Shop Sant Ram, Bassiisse Kha d. Tubewell ,Banur MC Office e. Tap Water, Pal Dairy Banur f. Tubewell , Ward no.3, Mohalla Kattican g. Tap Water, Rajinder Kumar Ward no.3, Mohalla Kattican h. Tap Water, Ratan Ram Ward no.3, Mohalla Kattican i. Tubewell , MSP/STP Banur j. Tap Water, Roshan Lal MSP/STP Banur Raipura Area - Sampling carried from 10 locations-
a. Canal Treated water. Gandhian Kheri b. Canal. Water Treetment Plant Rajpura c. Canal. Treated water. MC Office Rajpura d Canal Treated Water_ 5/3 Dashmesh Colony Rajpura e Canal treated water Saini Sweet Rajpura f Canal Treated Water. H. No. 2283, Old Rajpura g Canal Treated water. Focal Point Near Shaiv Mandir Rajpura h. Tubeweti .Shamdo i Tap Water, Swaran Singh,Shamdo j Tap Water, Amy Kumar,sharndo Camp 4 The results of the sample collected from the different water supply locations are as per Annexure-A. 4.0. Root Cause of Contamination identified by the Sub-Committee-
• Banur-Water supply pipelines from ward no. 8 (Mohalla Batta kalan) till ward no. 9 (old bus stand) have gone old as a result of which there is problem of leakage observed in these pipelines which is being repaired as soon as the same is noticed.
• Rajpura-No arrangement for disposal of rain water separately has been provided in the town and as a result of which the road gullies are being connected to sewerage system. Water supply network is around 40 years old and at same depth as of the road gullies and most of the connections in pipelines are broken as a result of which contamination of fresh drinking water is happening. Capacity of SW needs to be augmented as a result of which mixing of waste-water with fresh water happens incase of blockage of sewerage system.
5.0 Status of interim remedial measures to reduce pollution loads being followed, if any.
• Zirakpur - MC, Zirakpur has installed chlorimeter over all the tubewells from where water is supplied in the town. • Banur - MC, Banur has installed chlorine dosing machines over all the 7 tubewells being operated by it from where water is supplied in the town. MC, Banur has prepared estimate for laying new water pipeline between ward no. 8 (Mohalla Batta kalan) till ward no. 9 (old bus stand) and submitted to Sub-Divisional Engineer, Punjab Water Supply & Sewerage Board, Zirakpur vide letter no. 1091 dated 02.09.2022 • Rajpura - A project for replacing the old pipeline network and household connections has been prepared under AMRUT Schema with an estimated amounting to Rs 178 crores 6.0. Conclusions:
Based on the inspection and sampling carried by the sub-Committee, the conclusion drawn w.r.t. the quality of drinking water being supplied in Zirakpur-Banur-Rajpura belt is as follows:
1. Turbidity was found to be 5.61 NTU from sample of water collected from Tap Water, #26 Shashi Jindal, Harkrishan Enclave, Baltana, Zirakpur is beyond the permissible limits.
2. Parameter Total coliform and E-coli was found to be 150 MPN/100m1 and 43 MPN/100 ml respectively from Tap Water, Ratan Ram Ward no.3, Mohalla Kattican, Banur is beyond the permissible limits.
3. Total coliforms and E-coli was found to be 1100 MPN/100m1 and 150 MPN/100 ml from sample of water collected from Canal, Treated water, MC Office Rajpura is beyond the permissible limits.
4. Total coliforms and E-coli was found to be 75 MPN/100m1 and 23 MPN/100 ml from sample of water collected from Canal Treated Water, 5/3 Dashmesh Colony Rajpura is beyond the permissible limits.
5. Total coliforms and E-coli was found to be 1100 MPN/100m1 and 150 MPN/100 ml from sample of water collected from Canal treated water, Saini Sweet, Rajpura is beyond the permissible limits.
6. Fluoride and Sulphate was found to be 3.33 mg/I and 942.83 mg/I respectively from Tubewell, Shamdo, Rajpura is beyond the permissible 5 limits.
7. Parameter Fluoride and Sulphate was found to be 3.4 mg/I and 938.5 mg/I respectively from Tap Water, Swaran Singh Shamdo, Rajpura is beyond the permissible limits.
8. Parameter Fluoride and Sulphate was found to be 3.37 mg/I and 944.4 mg/I respectively from Tap Water, Ajay Kumar Shamdo Camp, Rajpura is beyond the permissible limits.
Out of 35 locations from where sample were drawn, samples from 8 locations have fail to meet permissible limits as per IS 10500: 2012.
Presence of E-coli and F-coli in the water samples shows that there is mixing of sewer in the drinking water supply. Presence of turbidity beyond the permissible limits in the water sample can be a result of presence of clay, silt, very tiny inorganic and organic matter, algae, dissolved colored organic compounds, and other microscopic organisms etc in the water sample. Presence of Fluoride beyond the permissible limits can be as a result of runoff from weathering of fluoride-containing rocks & soils, leaching from soil into groundwater, Atmospheric deposition of fluoride- containing emissions from coal-fired power plants and other industrial sources. Presence of sulphate beyond the permissible limits in the water can be due to water passing through soils and rocks containing sulphate minerals, through waste and industrial discharge.
7.0 Recommendations:
• MC, Banur, Zirakpur and Rajpura shall ensure to supply potable water complying with the parameters as prescribed in IS:10500:2012, to the residents.
• MC, Banur, Zirakpur and Rajpura shall identify all the water supply pipelines which are leaking and either replace or provide new water supply line."
4. Vide order dated 10.10.2022, the authorities were directed to take requisite steps for ensuring the supply of potable water and to submit further action taken report.
5. In its reply, the State Pollution Control Board, Punjab has submitted that the supply of potable water is within the domain of Municipal Councils of Zirakpur, Banur and Rajpura. Necessary directions have been issued to regulatory authorities for prevention, control and abatement of environmental pollution and extending all possible technical assistance to the Punjab Water Supply and Sewerage Board for compliance of the order.6
6. Respondent No. 6, Engineer-in-Chief cum Technical Advisor, Punjab Water Supply and Sewerage Board has submitted that Committee has found root cause for contamination of water which is as follows:
"4.0. Root Cause of Contamination identified by the Sub- Committee-
Rajpura-No arrangement for disposal of rain water separately has been provided in the town and as a result of which the road gullies are being connected to sewerage system. Water supply network is around 40 years old and at same depth as of the road gullies and most of the connections in pipelines are broken as a result of which contamination of fresh drinking water is happening. Capacity of STP needs to be augmented as a result of which mixing of waste-water with fresh water happens in case of blockage of sewerage system.
5.0 Status of interim remedial measures to reduce pollution loads being followed, if any.
Rajpura - A project for replacing the old pipeline network and household connections has been prepared under AMRUT Scheme with an estimate amounting to Rs 178 crores 6.0. Conclusions:
Based on the inspection and sampling carried by the sub- Committee, the conclusion drawn w.r.t. the quality of drinking water being supplied in Zirakpur-Banur-Rajpura belt is as follows:
1. Turbidity was found to be 5.61 NTU from sample of water collected from Tap Water, #26 Shashi Jindal, Harkrishan Enclave, Baltana, Zirakpur is beyond the permissible limits.
2. Parameter Total coliform and E-coli was found to be 150 MPN/100ml and 43 MPN/100 ml respectively from Tap Water, Ratan Ram Ward no.3, Mohalla Kattican, Banur is beyond the permissible limits.
3. Total coliforms and E-coli was found to be 1100 MPN/100ml and 150 MPN/100 ml from sample of water collected from Canal, Treated water, MC Office Rajpura is beyond the permissible limits.
4. Total coliforms and E-coli was found to be 75 MPN/100ml and 23 MPN/100 ml from sample of water collected from Canal Treated Water, 5/3 Dashmesh Colony Rajpura is beyond the permissible limits.
5. Total coliforms and E-coli was found to be 1100 MPN/100ml and 150 MPN/100 ml from sample of water collected from Canal treated water, Saini Sweet, Rajpura is beyond the permissible limits.7
6. Fluoride and Sulphate was found to be 3.33 mg/l and 942.83 mg/I respectively from Tubewell, Shamdo, Rajpura is beyond the permissible limits.
7. Parameter Fluoride and Sulphate was found to be 3.4 mg/l and 938.5 mg/I respectively from Tap Water, Swaran Singh Shamdo, Rajpura is beyond the permissible limits.
8. Parameter Fluoride and Sulphate was found to be 3.37 mg/l and 944.4 mg/I respectively from Tap Water, Ajay Kumar Shamdo Camp, Rajpura is beyond the permissible limits.
Out of 35 locations from where sample were drawn, samples from 8 locations have failed to meet permissible limits as per IS 10500: 2012.
Presence of E-coli and F-coli in the water samples shows that there is mixing of sewer in the drinking water supply. Presence of turbidity beyond the permissible limits in the water sample can be a result of presence of clay, silt, very tiny inorganic and organic matter, algae, dissolved colored organic compounds, and other microscopic organisms etc in the water sample. Presence of Fluoride beyond the permissible limits can be as a result of runoff from weathering of fluoride-containing rocks & soils, leaching from soil into groundwater, Atmospheric deposition of fluoride-containing emissions from coal-fired power plants and other industrial sources. Presence of sulphate beyond the permissible limits in the water can be due to water passing through soils and rocks containing sulphate minerals, through waste and industrial discharge.
7.0 Recommendations:
MC, Banur, Zirakpur and Rajpura shall ensure to supply potable water complying with the parameters as prescribed in IS.:10500:2012, to the residents.
MC, Banur, Zirakpur and Rajpura shall identify all the water supply pipelines which are leaking and either replace or provide new water supply line."
7. The Board has submitted additional remedial measures which are as follows:-
Sr. Recommendations Remedial measures
No.
1. MC, Banur, Zirakpur MC Banur & MC Zirakpur
and Rajpura shall
ensure to supply Most of the consumers have installed individual suction
potable water as per IS pumps directly on the water supply distribution line, 10500: 2012 and which causes negative pressure in the pipeline resulting identify all the water to suction o contaminated water from the outside in the supply pipelines which pipe due to vacuum there. Hence the removal of these are leaking and either suction pumps from the pipelines is one of the major replace or provide new remedy for which Municipal Administration has to take water supply line. the strict steps.
8O&M of these towns is under the control of concerned MC's.
Rajpura Most of the consumers have installed individual suction pumps directly on the water supply distribution line, which causes negative pressure in the pipeline resulting to suction of contaminated water from the outside in the pipe due to vacuum there. Hence the removal of these suction pumps from the pipelines is one of the major remedy for which Municipal Administration has to take the strict steps.
The contamination of water is checked regularly. As and when comes in the notice, prompt actions are taken by adopting the suitable measures contamination and the points of are identified and rectified without any delay. Ultimately it will be stopped by replacing the pipes in that area for which 35 Km pipeline is proposed to be replaced under the ongoing project of AMRUT 2.0 after which the problem of contamination will be resolved completely.(Copy of the minutes of meeting of Technical Sub Committee held on 27.12.2022 is enclosed).
That the answering respondent is regularly operating the disinfecting unit at the source of supply of water to check the contamination in drinking water.
8. The contention of learned Counsel for Respondent No. 10 is that supply of potable water are within the domain of Municipal Council and the Municipal Council has been directed to take necessary action.
9. Respondent Nos. 8 and 11 have submitted the reply as follows:-
I. That out of the sampling carried out by the joint committee on 01.09.2022 from 35 locations, samples from 8 locations (1 from banur, 1 from zirakpur and 6 from Rajpura) have failed to meet permissible limits as per IS 10500: 2012 and accordingly two locations falls under the jurisdiction of District Mohali. Parameter Turbidity was found to be beyond prescribed standards in the failed sample collected from Zirakpur and parameter Total coliform and E-coli was found to be beyond prescribed standards in the failed sample collected from Banur. The joint committee in its report had intimated that root cause of contamination in the drinking supply of MC, Banur was that water supply pipelines from ward no. 8 (Mohalla Batta kalan) till ward no. 9 (old bus stand) have gone old as a result of which there is problem of leakage observed in these pipelines. The joint committee in its report had concluded that presence of Total coliform and 9 E-coli in the water samples shows that there is mixing of sewer in the drinking water supply, whereas presence of turbidity beyond the permissible limits in the water sample can be a result of presence of clay, silt, very tiny inorganic and organic matter, algae, dissolved colored organic compounds, and other microscopic organisms etc in the water sample.
II. That Punjab Water Supply & Sewerage Board has floated the tender for replacement of water supply lines from ward no. 9 old bus stand to ward no. 8 Mohalla Bhattan Wala on Tepla Road, Banur and due date of opening is 28.03.2023. Further, MC, Zirakpur has carried re-sampling from the point where water sample failed to achieve the prescribed standards and as per results received the parameter are now within prescribed limits as per IS 10500: 2012. Copy of the report of the sampling is as per Annexure-A. III. That in view of the above stated facts and the report of the Joint Committee, it is respectfully reiterated that every possible efforts are being made by the District Administration to ensure supply of potable water complying with the parameters as prescribed in IS:10500:2012, to the residents of District SAS Nagar.
10. Additional Deputy Commissioner has filed an affidavit and further submitted that Board has floated the tender for replacement of water supply lines from effected wards and necessary actions are being taken for supply of potable water and further ensured that above action will be completed within a time frame. Thus, we direct the District Authority/Deputy Commissioner, SAS Nagar and Respondents to ensure potable water supply to the effected persons within the area within a time frame say not more than six months.
11. With the above observations, Original Application stands disposed of.
Sheo Kumar Singh, CP 10 Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 18, 2023 Original Application No. 490/2022 SN 11