National Green Tribunal
Vikrant Tonad vs Union Of India on 19 June, 2020
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 06 & 07 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 1046/2019
(With Report dated 26.02.2020)
Mahesh Chandra Saxena Applicant(s)
Versus
State of Uttar Pradesh & Ors. Respondent(s)
AND
Original Application No. 25/2020
(With Report dated 26.02.2020)
Vikrant Tongad Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 19.06.2020
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant(s): Mr. Rahul Khurana, Advocate (in O.A. No. 1046/2019)
Mr. Rahul Choudhary, Advocate (in O.A. No. 25/2020)
Respondent(s): Mr. Raj Kumar, Advocate for CPCB
Mr. Pradeep Misra, Advocate for UPPCB
Mr. A.K. Prasad, Advocate for CGWA
ORDER
1. Vide order dated 20.12.2019, a factual and action taken report was sought from a joint Committee of State Pollution Control Board ("State PCB"), Central Pollution Control Board ("CPCB"), District Magistrate, Gautam Budh Nagar, New Okhla Industrial Development Authority ("NOIDA") and Central Ground Water Authority ("CGWA") with reference to the allegation that the rain water harvesting systems in 1 NOIDA were not scientific, resulting in contamination of the ground water. It was also stated that potable water was being used for horticulture purposes, even though treated water was available.
2. Vide order dated 29.01.2020, a similar report was sought in O.A. No. 25/2020 with reference to specific allegations against NOIDA Golf Course ("NGC").
3. Accordingly, the joint Committee has filed two similar reports dated 26.02.2020 as follows:
"(A) Noida Golf Course (NGC), Sector-43, Noida Mr B.S. Dagar, Manager, Noida Golf Course, Sector-43, Noida was present during inspection. In Noida Golf Course, Sector-43, Noida there are 5 nos. tube wells for supplying ground water for drinking, domestic and horticulture purposes. In which 02 tube wells are dismantled and abandoned. In the rest 03 tube wells, 02 tube wells are operational and 01 is in maintenance, the water meters are not installed on the tube wells and log book is also not maintained for operation of tube wells. So the quantity of ground water withdrawal cannot be known. In reference of the UPPCB Noida letter No-1514/L-
104/2020 dated 10-02-2020, the Manager club, Noida Golf Course Society, Sector-38, Noida informed vide there letter dated 24-02-2020 (Annex No-01) that the no. of rain water harvesting pits at NGC are 32. It was informed by NGC that the total water consumption is approximately 500 KLD.
The CPCB Officer on 21-01-2020 collected samples from rain water harvesting boring and 02 no. tube wells. The analysis report is enclosed. (Annex No-02). As per analysis report the following observation are made-
Rain Water Harvesting (RWH) pH, Nitrate-N, Total Alkalinity, Magnesium & TDS are meeting to the BIS standard for drinking water quality (IS 10500:2012) however, Hardness & Calcium are not meeting with criteria.
Fluoride, Cadmium & Zinc were found within BIS standard values.
Arsenic, Copper, Lead, Chromium, Nickel, Iron & Manganese have exceeded the BIS standard.
The presence of Organo-Chlorine Pesticides (OCP's), Organo-Phosphate Pesticides (OPP's) and 2,4 Dichlororophenoxyacetic Acid (2,4-D) was not detected.
2 Ground Water location (GW) At both the ground water locations pH, Nitrate-N, Fluoride were meeting the BIS standard, while Total Alkalinity, Hardness, Calcium, Magnesium and TDS were not meeting the BIS standard. Presence of Fecal & Total Coliform were detected, but not significant. All the metals, except Iron was absent in both locations. The pesticides OCPs, OPPs, and 2,4-D were not detected.
CGWA has taken the cognizance that the NGC does not have a valid NOC for ground water abstraction, show cause notice has been issued vide letter no-21-4/No- NOC/Noida Golf Course/UP/2020-579 dated 20-02-2020 and the reply has been sought within in 07 days. (Copy enclosed as Annex No. 3).
(B) M/s Advant Navis Business Park, Plot No-7, Sector-142, Noida, Gautam Budh Nagar.
The firm representative Mr Inder Rajpoot, Project Manager was present during inspection. According to the firm representative M/s Advant Business Park, Plot No-07, Sector- 142, Noida is being operated since 2011. In the firm there are 4 no. Rain Water Harvesting pits (RWH). In these RGH Pits, the domestic effluent as floor washing, Road washing was being discharged which is not allowed. Recharge pit has the standing water Column, with lot of physical impurities in post monsoon season which should not be there.
Firm has 01 tube well for ground water abstraction along with surface water supply from Noida Authority. NOC for ground water abstraction was issued on 14- 01-2008 by the CGWA for the period of 05 year. No valid NOC from CGWA is available with the firm at the time of inspection. Show cause notice by CGWA has been issued vide letter no-21-4/No- NOC/M/s Advant Navis Business Park /UP/2020- 581 dated 24-02-2020 and the reply has been sought within 07 days. (Copy enclosed as Annex No-4).
The sample of effluent being discharged in RWH pits was collected and sample is analyzed in the laboratory of Regional Office, UPPCB, Noida. The different parameters are not as per norms prescribed by CPCB. The analysis report is attached (Annex No-
05). A STP of 600 KLD capacity is established in the firm premises for the treatment of sewage effluent.
The recommendation to impose the Environmental Compensation of Rs. 12,60,000/- (Twelve Lacs Sixty Thousand Only) has been sent to Head Office UPPCB, Lucknow vide letter no 1587/C/A-668/2020 dt. 24-02-2020. (Copy enclosed as Annex No-06). 3 (C) M/s Candor Techspace, Plot No-20-21, Sector-135, Noida, Gautam Budh Nagar.
The firm representative Mr Mukesh Chandra Assistant Vice President was present during inspection of M/s Candor Techspace, Plot No-20-21, Sector-135, Noida, Gautam Budh Nagar. In the firm premises 10 No. of RWH Structures are installed. The RWH Structures were found dry. The design and operation of RWH Structures are found as per guidelines.
03 No. of tube wells are installed by the firm for ground water abstraction. NOC from the Central Ground Water Authority has been issued in the name of M/s Sea View Developers (P) Ltd. Plot No-20-21, Sector-135, Noida, Gautam Budh Nagar. A STP of 900 KLD capacity is installed in the firm for treatment of sewage effluent.
The action taken report is being submitted for your kind perusal."
4. From the above, it is clear that though the report is incomplete. It is clear that ground water is being illegally drawn. The allegation that misuse of ground water for horticulture purpose is taking place is not disputed. There is no operative NOC as far as Noida Golf Course and M/s Advant Navis Business Park, Plot No-7, Sector-142, Noida, Gautam Budh Nagar are concerned. While with regard to M/s Candor Techspace, Plot No-20-21, Sector-135, Noida, Gautam Budh Nagar, NOC is in some other name. It is not clear whether conditions of NOC are being complied with.
5. This Tribunal has already held vide detailed order dated 11.9.2019 in O.A. No. 176/2015, Shailesh Singh v. Hotel Holiday Regency, Moradabad & Ors. that no ground water can be extracted in over- exploited, critical and semi-critical area (which covers NOIDA) for commercial purpose. It has also been directed in O.A. No. 148/2016, Mahesh Chandra Saxena v. SDMC & Ors. that for horticulture purposes the STP treated water should be utilized. In O.A. No. 134/2015, Friends through its General Secretary Vs. Ministry of Water Resources, this Tribunal has held that ground water cannot be used for playground like 4 cricket ground particularly in over-exploited, critical and semi-critical area, which observation also applies to Golf Course. In view of depleting ground water, there is threat of irreversible damage to the acquifiers and salinity of the water. Moreover, it is leading to scarcity of drinking water, thereby depriving a section of the society from accesss to potable water which is already scarce. The rain water harvesting systems have to be regularly maintained as per norms.
6. The UP State PCB has failed to assess and recover compensation for illegal drawal of ground water as per norms referred to in above order dated 21.9.2019. The assessment of quantity of water drawn needs to be made realistically and adverse inference has to be drawn for absence of water meter instead of accepting ipsi dixit of an interested law violator. Water audit may be conducted to ascertain the extent of use and replenishment of ground water in the last three years by the same Committee with an additional representative of CPCB and Indian Institute of Technology, Delhi ("IIT Delhi"). The Committee may also assess compensation to be paid. The Committee may also look into the water quality aspects of the rain water harvesting systems and suggest remedial measures as may be found necessary. The report may be furnished within four months from today by e-mail at [email protected] (preferably in the form of searchable/OCR PDF and not image PDF). The same be also uploaded on website of CPCB with notice to affected parties who may file their response, if any, before the next date.
7. In the meanwhile, we direct the Noida Golf Course (NGC), Sector-43, Noida, M/s Advant Navis Business Park, Plot No-7, Sector-142, Noida, Gautam Budh Nagar to pay interim compensation of Rs. 25 lakhs which may be deposited with the CPCB within one month from today. The 5 payment of compensation will be a condition for continued operation of the establishments. The said establishments are given liberty to present their viewpoint before the Committee and this Tribunal which will be duly considered while finalizing the compensation and other directions.
8. We note that in the case of M/s Advant Navis Business Park, recommendation of the Committee is for compensation of Rs.12,60,000/-, the same does not mention the quantity, the period and the basis. We have thus found it necessary to fix higher amount than what is recommended. There is no recommendation or consideration of these aspects in respect of Noida Golf course for which we find no justification. In respect of Candour Techspace, it is stated that no groundwater is being drawn which may need further verification since it is stated that they have taken NOC for the purpose. We are not directing any interim compensation in respect of the said establishment for the time being.
9. It will be open to the concerned authorities to look into similar violations by any other entity in accordance with law. List for further consideration on 06.11.2020.
A copy of this order be sent to UP State Pollution Control Board, Central Pollution Control Board, District Magistrate, Gautam Budh Nagar, NOIDA, Central Ground Water Authority, Noida Golf Course (NGC), Sector-43, Noida and M/s Advant Navis Business Park, Plot No-7, Sector-142, Noida, Gautam Budh Nagar by email.
Adarsh Kumar Goel, CP 6 Sheo Kumar Singh, JM Dr. Nagin Nanda, EM June 19, 2020 O.A. No. 1046/2019 & O.A. No. 25/2020 A 7