National Green Tribunal
National Green Tribunal Southern Zone vs Union Of India Rep. By Its Secretary ... on 2 November, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.01:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 185 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU Based on the
News item in "Deccan Herald" E-paper dated: 18.09.2020,
"Vrishabhavathi water turns frothy dark yellow".
...Applicant(s)
Versus
(1) Union of India, Rep. by its Secretary,
Ministry of Environment and Forests and Climate Change,
Indira Paryavaran Bhawan,
Jorbagh Road, New Delhi - 110003
(2) The Secretary to Government,
Public Works Department,
Room No. 333, 3rd Floor,
Vikasa soudha, Bangalore-560001.
(3) The Principal Secretary to Govt. of Karnataka,
Forest, Environment and Ecology Department,
Government Secretariat, Room No. 708,
7th Floor, Gate No. 4, M. S. Building,
Bangalore-560001
(4) The Secretary to Govt. of Karnataka,
Water Resources Department,
Room No. 304, 3rd Floor,
Vikasasoudha, Bangalore-560001
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(5) The Secretary to Govt. of Karnataka,
Department of Municipal and Urban Development,
Room Number. 435, 4th Floor,
Vikasa Soudha, Bangalore - 560001.
(6) Karnataka State Pollution Control Board,
Rep. by its Chairman,
"Parisara Bhavan", #49, 4th & 5th Floor,
Church Street, Bangalore-560001
(7) The Deputy Commissioner & District Magistrate,
Bengaluru Urban District,
Kempegowda Road, Behind Kandaya Bhavana,
Bengaluru Urban District, Bengaluru - 560009.
(8) Bruhat Bengaluru Mahanagara Palike,
Rep. by its Commissioner,
Head office, Corporation circle,
Hudson Circle, Bangalore-560002
(9) Bangalore Water Supply and Sewerage Board,
Rep. by its Chairman,
1st Floor, Cauvery Bhavan,
Kempegowda Road, Bengaluru - 560009
...Respondent(s)
Date of hearing: 02.11.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): By Court
For Respondent(s): Smt. Me. Saraswathy for R1
Sri. K. M. Darpan for R2 to R5, R7 & R9
Sri. M.R. Gokul Krishnan for R6
Sri. T.V. Sekar for R8.
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ORDER
1. As per order dated 28.09.2020, this Tribunal had registered a case Suo Motu on the basis of the news paper report published in "Deccan Herald" E-paper dated, 18.09.2020 under the caption "Vrishabhavathi water turns frothy dark yellow" and directed the State respondents to submit their independent response regarding the allegations made in the paper report and the remedial measures taken by them to prevent such things in that water body and posted the case to today for filing their independent response and the status reports.
2. When the matter came up for hearing today through Video Conference, Smt. Me. Saraswathy appeared for 1st respondent, Sri. Darpan represented respondents 2 to 5, 7 & 9, Sri. M.R. Gokul Krishnan represented 6th respondent and Sri. T.V. Sekar represented 8th respondent. So, service is complete.
3. We have received a statement in the form of status report filed by 9th respondent, Bangalore Water Supply and Sewerage Board which reads as follows:
STATEMENT INTHE FORM OF STATUS AFFIDAVIT FILED 3 ON BEHALF OF THE RESPONDENT No.9 BENGALURU WATER SUPPLY AND SEWAGE BOARD I, B.C Gangadhar, S/o Late Channe Gowda, Aged about 52 years, the Chief Engineer (WWM) of the Bengaluru Water Supply And Sewage Board Cauvery Bhavan, K G Road Bengaluru , being well aware of the facts and circumstances of the case do hereby solemnly affirm and state on oath as under:-
1. I state that I am the Chief Engineer of the BWSSB and being aware of the facts of the case and duly competent to swear this affidavit. As per the order of this Hon'ble Tribunal dated 18.09.2020, the registration of this proceedings pertains to the E-news paper report in the Deccan Herald News Paper dated 18.09.2020 under the caption "Vrishabhavathi water turns frothy dark yellow" wherein the allegation pertained to illegal discharge of sewage and effluents affecting the quality of water in the river areas.
2. I state that this Hon'ble Tribunal was pleased to direct the state authorities to file their status reports and the remedial actions being initiated to prevent such happenings. I state that upon being notified with the above directive, I am to explain the measures to the humble indulgence of this Hon'ble Tribunal as below.
3. I state that the Vrishabhavathi Valley hereinafter referred to as V Valley for short runs in the western parts of the city and flows towards the South Bengaluru. The total catchment area of this valley is 320 sq kms which consist of three major valleys namely Kethamaranahalli and Kathriguppe. The jurisdiction of this drainage zone is from Malleswaram in north, Kanakapura Road in the southern region and Peenya in West region of Bengaluru.
4. I state that the waste water generated in the city is assessed at 80% of the total water supplied (1800 MLD) which is 1440 MLD. Out of 1440 MLD, about 531 MLD is generated in V Valley drainage zone.
5. I state that Action taken for rejuvenation of sewer system is being initiated by this Respondent and the existing sewer lines of the core 4 area of the city which were laid about 40 to 50 years back which required rehabilitation and replacements. During 2004, 14 major works costing about R.s 34.58 crores for rehabilitation/replacement of existing sewage system were carried out in EAP-A project. Similarly in EAP-B project. 7 major rehabilitation/ replacement works costing Rs.178.00 crores were carried out.
6. I state that in EAP-C project which is being taken up under the central funded AMRUT scheme the four package works at a total cost of Rs.386.50 crores for providing and laying 87.5 kms length of sewer lines were taken up and works are under progress. These four package works will be completed in the year of 2021. In addition the work of laying bigger size pipeline from Ranganatha Colony to Vrishabhavathi valley at a cost of Rs.52.50 crores also taken up in this AMRUT scheme and work is completed.
7. I state that the UGD lateral works are in progress in 110 villages, core area of 225 sq km of BBMP. It is expected to be completed middle of 2024. The sewage generated in the areas now being subjected to network area will be conveyed to BWSSB STPs through sub mains and mains to treat this water. The work is starting now under Cauvery Water Supply Scheme (CWSS) 5th stage and will be complete by 2024.
8. I state that the works are initiated for linking of lateral sewer lines to the sub mains and mains to prevent the flow sewage into the storm water drain at 56 locations and the cost of these works are estimated to be a sum of about Rs.52 crores. Also linking of new laterals to the existing sub mains and mains to prevent the flow sewage into the storm water drains at 166 different works locations costing sum of Rs. 40.00 crores are being implemented and all the works are under progress and these works will be completed in the year of 2021. After completion of these works it is possible to minimise entry of sewage in the storm water drains.
9. I state that in V valley drainage zone, the details of existing STPs and the details of treated waste water committed to be supplied to the Minor Irrigation Department and the details are as follows.5
Sl. Name of the STP Capacity in Treated water Additional quantity of No MLD used by / treated water may be Disposed to supplied to Minor irrigation in 2023( in MLD) 1 V.Valley 180 10 MLD to 108 MLD After up STP(including tertiary plant, gradation of STP 60MLD Tertiary) balance to SWD 2 Kempambudhi 1 Kempambudi Kempambudi Lake STP Lake recharge recharge 3 Doddabele STP 20 Presently to 15 MLD committed to SWD Major Irrigation (KNNL) 4 Kengeri stp 60 Disposal 50 MLD committed to sewer line major irrigation (KNNL) linking work in progress 5 Mailasandra 75 Bhagyaleksh 65 MLD after up STP mi farms and gradation of STP M/s tangline developers (Global Village) balance to SWD 6 Doddabele STP 40 Presently to 30 mld committed to swd major irrigation(knnl) 7 Mallathahalli 5 Malathalli Malathalli Lake And STP Lake And Ullal Lake recharge Ullal Lake Total 381 I state that further, the BWSSB has committed to Major And Minor Irrigation Departments for filling the tanks of Ramanagar and Kanakapura Districts
10. I state that the rehabilitation works taken up in 180 MLD capacity secondary plant (STP) at Nayandanahalli is under progress and will be completed by march 2021. Further the construction of new 150 MLD capacity STP at V Valley is taken up under MCRF (Megacity Revolving Funds). Work is under progress and will be completed by March 2021.
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11. I state that the work of construction of 14 STPs of total capacity 124 MLD will be taken up under Cauvery Water Supply Scheme (CWSS) 5th stage. It is planned to complete these works by end of 2023. Out of which 7 STPs of total capacity of 53 MLD are under VV Zone details are as follows. Sl. No Name of the STP Capacity in MLD Probable date of completion 1 Sompura STP 8 2024 2 Hemmigepura 13 2024 STP 3 Nagasandra STP 9 2024 4 Herohally STP 3 2024 5 Karihobanahalli 10 2024 STP 6 Chikkabanavara 4 2024 STP 7 Hosahalli STP 6 2024 Total 53 MLD
12. I state that further the site visits were conducted and it is observed that the adjoining Storm Water Drain water that runs from Subramanyapura via Channasandra Main Road and connects the main valley of Vrishabhavathi river near Global Village has turned in to a soapy, resembling caustic soda
13. I state that in this regard discussions were made with BBMP and KSPCB authorities and it was informed by them that the industries from Subramanyapura industrial area are illegally disposing the effluents directly to the SWD through tankers and for this it is reported that they have engaged watch and ward to trace out this issue. However no direct disposal of effluents was made through the BWSSB pipelines directly into the SWD in the above locations.
14. I state that the STPs are designed to treat the domestic sewage and treatment of industrial effluents cannot be regulated by this Respondent and the industrial effluents illegal discharge is the root cause of the chemical reactions, froth formation and destruction of the Vrishabhavathi river water. The substantial measures initiated by this Respondent will yield the results and the V valley will see a substantial improvement from time to time that is indicated supra. 7 WHEREFORE, it is most humbly prayed that this Hon'ble Tribunal be pleased to place this Affidavit statement on record and pleased to dismiss the proceedings as against this Respondent in the interest of justice and equity".
4. We are not satisfied with the report submitted by the Sewerage Board. They have not produced the water analysis report to show the quality of the water in the disputed river and also to ascertain as to whether the sewage is being discharged in that river or not.
5. It is also mentioned in the status report that the domestic sewage is not being discharged into that river. But the effluents from the industrial area are being discharged over which they have no control. It may be mentioned here that they are also expected to take steps against those persons who are discharging untreated effluents into the water bodies.
6. Further, they have also mentioned that they are taking steps for establishment of Sewage Treatment Plants. But the probable date for completion was shown as 2024, which is a longer date till which date environment cannot sustain the pollution that is likely to be caused on account of such activities. They will have to come with a shorter time line for establishment of new Sewage Treatment Plants (STPs) to 8 meet the situation especially in view of the direction given by the Principal Bench in O.A. 606 of 2018. Others have not filed any status report.
7. The learned counsel appearing for the Pollution Control Board submitted that a public interest litigation has been filed before the Hon'ble High Court of Karnataka as W.P. 6961 of 2020 (Smt. Geetha Misra Vs State of Karnataka and others) and the Hon'ble High Court has directed the Government to constitute a committee with Pollution Control Board also as a member and directed to submit the report.
8. The learned counsel also submitted that the matter will be coming up for hearing tomorrow and they expect that some orders will be passed by the Hon'ble High Court of Karnataka in this regard. If time is granted they may be able to inspect and submit their status report and the action taken report suggested by the committee.
9. The learned counsel appearing for the Pollution Control Board also submitted that if some time is granted, they may be able to file the status as well as action taken report, if there is any violation found independently. 9
10. Considering the circumstances, we feel that it is better to await the orders of the Hon'ble High Court of Karnataka in this regard instead of constituting an independent committee by this Tribunal in this regard. In the mean time, we direct the Karnataka State Pollution Control Board and also Bruhat Bengaluru Mahanagara Palike, to submit their independent reports regarding the allegations made in the news paper report and also the action if any taken, if there is any violation found.
11. They are also directed to ascertain the water quality and submit a report regarding the nature of contamination, source of contamination and what are the remedial measures to be taken for rectifying the same apart from assessing environmental compensation against those persons who are responsible for the same and taking action against them for the violation.
12. In the meantime the other respondents are also directed to submit their independent responses regarding the allegations made in the news paper report and the action plan to be prepared by the State Government to meet the situation with specific time lines and the steps taken for 10 implementation of the same.
13. They are directed to submit the above said reports on or before 08.01.2021 by e-filing along with necessary hard copies to be produced as per rules.
14. The Registry is directed to communicate this order to the official respondents immediately by e-mail, so as to enable them to comply with the direction.
15. For consideration of filing their independent response and also status report as directed, post on 08.01.2021.
....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.185/2020 02nd November 2020, Sr. 11