National Green Tribunal
Kirti Ratilal Desai vs The Collector Valsad on 27 September, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 08 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 57/2016 (WZ)
(With report dated 05.09.2021)
Kirti Ratilal Desai & Anr . Applicant(s)
Versus
Collector, Valsad & Ors. Respondent(s)
Date of hearing: 27.09.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE M. SATHYANARAYANAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Ms. Supriya Dangare, Advocate
Respondent: Mr. Rutvij M Bhatt, Advocate for GIDC
ORDER
1. The issues raised in this application relate to non-compliance of solid and liquid waste management norms at and around Vapi, District Valsad, Gujrat. Consequently, apart from other damage, water quality in the area has deteriorated. Prayer is for remedial action, including ensuring supply of potable drinking water to the inhabitants.
2. The matter has been considered on several occasions since 04.05.2016 when the application was filed. Opportunity has been given to the contesting parties to respond - the Collector, Valsad, the Notified Area Authority (NAA), Vapi, Gujarat Pollution Control Board (GPCB), 1 Central Pollution Control Board (CPCB), Sarpanches of four villages, Vapi Nagarpalika and Heath Department of Gujarat.
3. Vide order dated 12.10.2020, the Tribunal noted the stand of the Water Works Department, Gujarat that provision had been made for water supply and the plan in that regard will be completed by 2021. On the subject of management of solid and liquid waste, the Tribunal constituted a joint Committee of CPCB and the State PCB to furnish a factual and action required report.
4. The matter was finally considered on 29.10.2020 in the light of the report of the joint Committee dated 26.10.2020 giving the status of various issues raised. It will suffice to reproduce the recommendations in the said report as follows:
"3.0 RECOMMENDATION:
Considering the above observations and findings, the following arc recommended:
Vapi Nagar Palika may be asked to expedite the installation work of STP-1 and STR:-2 and to ensure that no domestic sewage is being discharged in any water bodies.
Vapi Nagar Palika may be asked to expedite the In-situ remedial work of natural drains discharging wastewater into Rivers till the new STPs starts their operations.
The notified area Authority of GIDC may he directed to submit a time bound action plan for the construction of two new STPs fur the GIDC housing-I and GIDC housing- 11 areas.
Vapi Nagar Palika may be asked to expedite the work of 100 TPD compost plant scientifically designed secured land till and to submit a time bound action plan and to treat the waste being collected on daily basis and the legacy waste available in the dump site."
5. After considering the above, the Tribunal observed:
2"1 to 7. xxx .................................xxx ..............................xxx
8. After hearing learned counsel for the parties, and finding no objection to the report from any quarter, we direct that remedial action be taken as per observations and recommendations in the report. This is necessary to effectuate the fundamental right of the citizens for access to clean water and clean environment.
9. During the hearing, we are informed that there are different authorities for different actions. The Collector, Valsad oversees the waste management for villages. Vapi Municipality takes care of the STPs. NAA, Vapi constituted under the GIDC Act, 1962 has to look into the issues relating to housing societies. Gujarat Urban Development Corporation (GUDC), Gandhinagar oversees setting up and maintenance of STPs. The State PCB has to monitor compliance of the environmental norms under the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 and the Rules framed thereunder.
10. Accordingly, since coordinated effort is required, we constitute a joint Committee comprising CPCB, GPCB, Collector, Valsad, Vapi Municipality, GUDC Gandhinagar, NAA Vapi. The GPCB will be the nodal agency for coordination and compliance. A joint meeting be called within one month to take stock of the situation and to prepare an action plan to address all the issues. The action plan may thereafter be executed accordingly. The applicant or any other aggrieved person are at liberty to give an updated representation to the State PCB for consideration by the joint Committee. The timelines laid down under the statutory rules and orders of this Tribunal or any other binding judicial orders on the subject be followed.
11. We also request Justice B.C. Patel, former Chief Justice of Delhi High Court and former Judge of Gujarat High Court, now stationed at Ahmedabad, to oversee the execution of the action plan in such manner as may be viable. If viable and required, Justice Patel may visit the site or otherwise coordinate on video conferencing which may be facilitated by the GPCB. All the logistics and remuneration which may be fixed by Justice Patel will be payable by the State PCB out of 'Consent Funds' available with it.
12. We may note that in OA 95/2018, Aryavart Foundation vs. M/s Vapi Green Enviro Ltd. & Ors. this Tribunal is considering the issue of pollution of river Daman Ganga and drain Bill Khadi in District Valsad in Gujarat on account of discharge of effluent by industries and the CETP in Vapi Industrial Cluster. Last order in the said matter was passed on 28.08.2019.
The application is disposed of."3
6. The Committee constituted in terms of para 10 above has filed its report with a letter of Justice B.C.Patel dated 05.09.2021. The report refers to interaction with the concerned authorities and notes the failure in setting up of two STPs of 10 MLD each. Delay in the matter has not been found to be justified. The Committee has also found failure in managing the solid waste. The extracts from the report are reproduced below:
" xxx .................................... xxx ..........................xxx
5. (1) The Collector, Valsad oversees the waste management for villages. (2) Vapi Municipality takes care of the STPs. (3) NAA, Vapi constituted under the GIDC Act, 1962 has to look into the issues relating to housing societies. (4) Gujarat Urban Development Corporation (GUDC), Gandhinagar oversees setting up and maintenance of STPs. (5) The State PCB has to monitor compliance of the environmental norms under the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 and the Rules framed thereunder.
6. Soon after the directions were received from the Hon'ble Tribunal, the officers were asked to carry out necessary work and submit a report in the meeting called on 10.12.2020 wherein the subjects were discussed and it was given to understand that the land for STP is available but only for some technical reason it is not possible to complete the work as per schedule.
7. To appreciate properly it would be better to point out the details of different projects and the progress made date wise.
8. The statement in detail with regard to status of the projects as on 18-01-2021, 06-04-2021, 23-06-2021, 31-07-2021 is annexed herewith Mark Annexure A.
9. There is a letter issued by the Notified Area Authority on 07-08- 2021 indicating that the land issue for STP has been resolved. Estimate and detailed project was forwarded to the Superintending Engineer, Gandhinagar for further approval on 11/02/2021. The project report was submitted to the office of the industries Commissioner on 23/06/2024 for approval under A.I.I. Scheme. According to the content, finally on 16/07/2021 was reverted back for final approval. After the approval on completion of tender process and finalisation of the agency to be awarded the work, the execution of the work will be taken on hand. The project is expected to be completed by December-2022. The copy of the letter is annexed herewith Mark Annexure B. 4
10. There is a report of GWSSB/WASM0 with details, dated 09/08/2021. For the scheme of implementation of water supply in all 8 reasons are indicated for delay. However, reading the same it appears that 5 works were already completed. There was delay in permission for laying the pipeline in the Nagar Palika area near a hospital but the work is in progress. There was a delay in granting permission for laying the 550 m pipeline near Welspun Company. It is further pointed out that the final decision regarding alignment of bridge is yet pending. The last reason indicated with regard to lockdown is not convincing at all. For implementation of the habitation connectivity scheme no details are given except that 20% of work is completed and the project is likely to be completed in the month of August, 2022. It is indicated that delay has occurred on account of acquisition of forest land and the approval is given on 14/07/2021. For implementation of house connectivity stating that for two villages the scheme is completed 100%. Different dates are given for other villages for completion of the project. The statement is annexed herewith Mark Annexure C.
11. On 10/08/2021 Vapi Nagar Palika placed on record the statement indicating its action plan containing completion date and the vague reasons for delay. The copy of the said letter is placed on record and annexed herewith Mark Annexure D.
12. The Chief Officer, Vapi Nagar Palika has placed on record the eight reasons for delay for 14 MLD STP Vapi. When one is making an application giving appropriate reasons for extending the time, the officer concerned is required to examine the same and is required to reflect in the remark column. In the instant case all the remarks columns are blank. Hereafter at the appropriate stage I have discussed the same and therefore, I'm not repeating here. Suffice it to say that such documents cannot be relied upon in a matter like this. The said document is annexed herewith Mark Annexure E.
13. The District Collector, Valsad convened a meeting on 11/08/2021. There was detailed discussion and the action plan of other authorities were taken into consideration with regard to delaying the completion of the projects. The reasons given for delay cannot be accepted and the same are discussed in detail in the report and therefore, I'm not repeating the same here. The said report is annexed herewith and Mark Annexure F.
14. The Inspector of Police, Vapi Town Police Station recorded the statement of Assistant Hydraulic Engineer of Vapi Nagar Palika on 09/08/2021. The method adopted by the police is required to be deprecated. From the contents of the statement, it appears that an application was given on 15/07/2021 requesting the police to make appropriate arrangements as the authorities were likely to erect a treatment plant and the villagers had objections. Police recorded the statement to the effect that a Regular Civil Suit No. 45/2020 is pending in the court till the disposal of the suit no protection shall be provided by the police. I have dealt with this aspect at a later stage. After the statement was recorded, the Chief Officer conveyed to GPCB in this behalf along with a letter written by the inspector of 5 police. These 2 documents are annexed herewith and Marked G and H. A. Sewage treatment plants.
It was indicated that the residents of Vapi Municipality consume 35.5 MLD of raw water supplied through treatment plant and out of which 25 MLD to 27 MLD treated water is supplied through pipelines for domestic and commercial use. There is generation of 19 MLD to 22 MLD of sewage. There is no sewage treatment plant in operation and two treatment plants were under proposal at the time of submitting the report.
(1) 14 MLD STP- As reported on 16/09/2020 the construction had already commenced at survey No. 132/1 at village Namadh, Vapi.
The time limit for completion was indicated as March, 2021. The Hon'ble Tribunal in its order referred above and extracted the relevant part of the report and observed "Construction of one STP (STP-1) of 14 MLD capacity has been started at survey no. 132/1, Rafel college road, Namdha Village. About 50% of civil work for 14MLD STP has been completed". Thus, before the order was made by the Hon'ble Tribunal 50% of the work was completed. In a further report it was indicated that on 18/01/2021 80% of civil work was completed and 10% of electro mechanical work was completed. The status on 06/04/2021 indicates that 92% of civil work was completed while electromechanical work was completed to the extent of 20%. As on 23/06/2021 civil work was completed to the extent of 95% while electromechanical work was completed to the extent of 30%. As on 31/07/2021, 100% of civil work has been completed and 50% of electro mechanical work has been completed and it is indicated that the plant may be operative in October, 2021. The officer in the report indicated that on account of Covid- 19 pandemic, cyclones in June and November 2019, heavy rains in the month of October 2019 and the lockdown affected the working system and the work was slowed down and therefore the progress was not as expected. It is required to be mentioned that these aspects are irrelevant as the order made by the Tribunal is dated 29-10-2020. It is required to be noted at this stage that the lockdown initially was for a period 21 days from 25/03/2020 and the same was extended up to 31/05/2020. As per the notification issued by the Collector, Valsad on 18/05/2020 it was made clear that in the entire District Valsad, in all areas except the containment zone, all economic activities were permitted, shops, industries and all activities connected with industries were allowed to operate from 8 AM to 4 PM. The industries operating with continuous process were asked to manage to see that the workers are not allowed to go out of the units and the units having "Lock in Facilities & Continuous Process" shall operate without restriction of time. All the grounds indicated for delay are not in existence after the order made by the Hon'ble Tribunal.
Thus, inability for the reasons indicated are irrelevant. At the time when the order was made 50% of the work was completed as per report. Why there was no progress thereafter is to be shown along with the reasons. It is also pleaded that even the 6 Government of India issued guidelines on 13/05/2020 and asked the officers to grant six-month extension of time to the contractors in the situation. What is important is that there is total non-application of mind by the authority concerned. For the project namely 14 MLD STP Vapi, a paper sheet signed by the Chief Officer, Vapi Nagar Palika with the seal of the Nagar Palika is placed to indicate the reasons for delay. The name of the Agency is Khillari Infrastructure Pvt, Ltd. The date of work order is 16-05-2017 and the stipulated date for completion is 15-02-19 and now the expected date of completion is indicated as 31-12-21 (including three months trial run) thus, the plant must be operative three months prior to 31-12-2021. However, it is not indicated in the last report that the plant will be in operation for testing at the end of August-2021. In all eight reasons for delay are indicated which includes the 2nd wave of Pandemic. In the remarks column nothing is mentioned so as to indicate for which reason and under which application time is extended. The contractor will submit his application for extension of time giving the reasons to be considered for extension of time. It seems that the only eight reasons were to be considered for delay and none else. Looking to the reasons, such as encroachment, remobilisation, heavy rain during June to October 2019, cyclone 2019, Lockdown effect of Major STP component like decanter, diffuser, screens, gates and thickener, the electric connection or the load was not verified etc., 6 months' time could not be extended in view of the guidelines. For the 2nd wave, it specifically refers to the agency having head office at Mumbai which was badly affected during 2nd wave or the agency's mechanical team as well as virtual suppliers were from Madhya Pradesh, Maharashtra and Rajasthan. As the remarks column is Blank for all the 8 reasons, it is clear that there is total non-application of mind and the delay is caused on account of some unwritten reasons. The contractor seeking extension of time has to make out the case and the authority namely, the Chief Officer, Vapi Nagar Palika must be satisfied while granting extension of time, if the case falls in any of the eight categories. A Man of competence would apply his mind to the application and the reasons indicated and will grant appropriate time looking at the situation and reasons. However, there is nothing to indicate that for the project any application was given by the contractor for extension of time and the Chief Officer on examination of that application granted time for extension for a particular number of days. It is clear that the matter had been taken very lightly by the Chief Officer, Vapi Nagarpalika and appropriate attention had not been given to the project. However, it is required to be stated that according to the report as on 05/07/2021 it is assured that by October 2021 the plant will be completed. GPCB should depute the officer and should get the report of the plant and its capacity to operate as assured. Has any application been given to the GPCB by the authority concerned to operate the STP?
(2) 29.53 MLD STP was proposed to be constructed at survey No. 213 at village Chandor, Vapi. On 16/09/2020 it was indicated that the land is allotted by the District Collector and the matter is lying at the tendering stage. About the timeline it was stated that the same will be decided by GUDM.
7As on 18/01/2021 the status was as before, namely the land has been allotted and DPR and tender is under process. Thus, for a very long time it has remained under process. Who would be responsible for increasing the cost of the project? Even on 06/04/21, 23/06/21 and 31/07/2021 the same status continued and no further progress is shown in the matter for the best reasons known to the authorities. They have not come forward with any reason for not issuing the tender in time for the project in question.
The report further states that the villagers have opposed the erection of a plant and they have approached the court by preferring a civil suit no.45 of 2020. The Police refused to provide any security in view of the pending case and some orders. No orders have been placed on record. Not only that but the tender is yet to be issued and therefore, there is no question of any work to be carried out. Secondly, the Police officer who sent the intimation has not applied his mind. There is no reference to any stay order in the matter and how does the Police write that no protection will be given? The higher officers should take up the matter seriously and should not succumb to the desire of some who are creating problems.
There is no reason given as to why the tendering process has not been completed and why the work order has not been issued? Are they interested in discharging untreated effluent? Vapi Nagar Palika has not done anything positive in the subject matter which amounts to nothing but an act of neglect which calls for an action against the Vapi Nagar Palika and the GPCB should take action in accordance with law against the Vapi Nagar Palika and the Chief Officer or other concerned officer for discharging the effluent.
(3) 10 MLD STP to be erected by the Notified Area Authority, GIDC, Vapi. It was stated that the land allotted at Chanod and DPR and estimates has been submitted to the head office, Gandhinagar and the project is likely to be completed by December, 2021.
The status for this project and other projects were discussed in the meeting held on 10/12/20 and which was updated on 05/07/21. According to this report as on 18/01/21 the land was allotted and DPR was submitted to the head office. The status as on 06/04/21 indicates that the papers were lying at GIDC head office and the matter was under process. The status as on 23/06/21 indicates that the papers are lying at the industries Commissioner for" A. I. I" approval. Even as per the status shown as on 31/07/2021 the papers were lying for the purpose indicated earlier. Therefore, it is clear that there is no progress in the subject matter and the statement made that the project is likely to be completed by December, 2022 cannot be accepted and appears to be misleading. Only after the contract is awarded or the after the commencement of the project expected date can be said and not before that.
8(4) 15 MLD STP by Notified Area Authority, GIDC, Vapi to be erected at the same place for which land has been allotted and DPR and estimate of the project have been submitted to the head office, Gandhinagar and the project is likely to be completed by December 2021. This is now indicated as 10 MLD STP at GIDC Housing-2. The status for the dates is as indicated for the earlier item in paragraph No. 4. It could not be explained as to how the project could be completed within the time as stated. When the tendering process or the work has not commenced how the expected date for completion of the project can be given. The authorities are not serious about the work entrusted and need strict action. The GPCB should not allow the effluent to be discharged without the treatment meeting with the norms. The GPCB be called upon to take appropriate action for discharging the sewage without treatment despite the sufficient time given in the matter for the completion of the aforesaid projects. The Notified Area Authority be held responsible to discharge the effluent without treatment.
It is a very sorry state of affairs that though the land is made available on 18/01/2021 no progress is shown in the two plants of 10 MLD STP each and the excuse given is present pandemic. This is not acceptable as after submission of the papers, the officer was required to examine the same and take a decision but has failed to take the decision. The concerned officer has not taken a decision for a very long period. In a meeting held on 11/08/21 it was indicated that during the 2nd wave of pandemic the offices were working with 50% staff and that has caused delay in the scrutiny of the papers of the project. On 23/06/21 the approval under A. II scheme was not granted and the quarries raised were resolved and the matter was returned back for final approval on 16/07/2021. However, it has been also reported that the scheme of STPs for approval under Assistant Infrastructure Development Scheme was not approved in a meeting held on 08/08/2021 and the same will be considered in the forthcoming meeting under 60-40 Scheme. The minutes are yet not placed on record. When the project was under contemplation initially, there is nothing to show that such a scheme was offered. If it was, why were the relevant papers not submitted immediately? It appears that to now get the advantage of the scheme, the project has been delayed. It must be understood that one or the other scheme, the amount for the project comes from the public exchequer and it won't make any difference as ultimately the project is to be completed at the cost of the people at large. The matter ought not to have been delayed in this fashion. When papers were lying for so long why there should be delay in approving the project. It is also interesting to note that the papers were submitted to the office on 18/01/2021 and yet even on 06/04/2021 it was shown that the matter is under process by the head office. How much time is required is difficult to understand? These are not the commercial subjects where one has to examine various aspects to make more profit or the project to be made viable. It is a matter of compulsory requirement. One should not forget the increasing cost of the plant by delaying the 9 matter. Who will be responsible for the higher cost and consequences? Who will bear the higher cost and who will compensate the citizens whose rights are being violated? Untreated sewage cannot be allowed to be discharged. One would appreciate the efforts being made to use the treated effluent and saving of potable water.
B. Municipal Solid Waste. (1) with regard to MSW (Municipal Solid Waste) site as reported on
16/09/2020 survey Nos. 113 to 116 and 128 situated near bank of river Daman Ganga at village Chandor are selected. There is a waste generation of 60 MT per day. At the runtime simply MSW was dumped with MRF facility with a very small compost plant. It also indicated that a tender will be invited for the processing of 100 TPD MSW waste based on DBFOT (design, build, finance, operate and transfer). It also indicated that the work shall commence from 15/07/2020. However, the work did not commence. It appears that as on 18/01/21 tendering process was completed and agreement and work order were under process. On 06/04/21 the Civil work had already commenced. The work is not yet completed and it was indicated that the plant will be operative by the end of October 2021. However, in the report dated 18th August, 2021 by the Collector, it is indicated that civil construction work is under progress and installation of a composting machine is also under process. It is further indicated that earlier it was assured that by the end of June, 2021 the plant will be completed however, in view of the delay caused on account of pandemic the plant is likely to be completed by December, 2021. The reasons for delay cannot be accepted in view of what has been discussed earlier. A communication signed by Chief Officer, Vapi Nagarpalika with its seal is relied upon for extension of time wherein the remarks column is kept blank as if all the reasons indicated caused the delay.
(2) MSW waste generation of 21 ton per day within the Notified Area Authority, the dumping site was selected at survey/plot Nos. 4804 to 4807, at GIDC Vapi, near TSDF site. There was no development and even authorisation was not obtained. However, it was stated that tender for collection, sorting and recovery of waste and set material recovery facility under the DFF0T model as per Rules, Norms and Regulations of SWM Rules-2016 was finalised and run and machinery was installed. However, there is nothing to indicate that the work is completed and the dump site operates scientifically. In absence of a report giving the details about the date of installation and commissioning of the plant, it is to be presumed that the authorities have failed to carry out the work within the time they assured.
C. In Situ Remediation.
(1) there were 7 locations that had an outfall of domestic waste water totaling to 19.44 MLD. It was indicated that for In Situ Remediation of treatment of drains carrying domestic waste water in Vapi Municipal area, work order was issued on 31-12-2020. The 10 work is completed and the w/w is discharged after processing through In Situ Remediation. The GPCB should collect the samples and analyze the same regularly to find out that the system operates and the effluent discharged is within the permissible norms.
D. Door to Door collection.
(1) For door to door 100% of solid waste with regard to at source segregation of solid waste into dry and wet waste, it was about 50% to 60% work was completed in expected time for 100% as suggested on 31st December, 2020. Subsequently, on 31/07/2021 it is indicated that there is 100% segregation at source. However, there is nothing to indicate the required method having been followed after collection of segregated waste. As the system of Solid Waste Processing is not complete, the expected result cannot be achieved. Neither the Solid Waste Processing Development of landfill site is complete nor there is Development of Solid Waste Processing Plant as per DPR. There is unexcused delay and the 1st wave or the 2nd wave is projected as an excuse. Only the places where there was lockdown the work was affected during that period of lockdown only. Proper information having not been placed on record it can be said that the work entrusted is not carried out.
E. Bio Remediation/ legacy waste.
(1) for disposal of legacy waste, as conveyed, the same was tendered and the opening date of tender was 12/10/2020 and completion of legacy waste plant (Bio Remediation) was 31/12/21. For this work it appears that on 18/01/21 tender process was completed and there was an agreement and work order was under
process. As per report indicating the status as on 06/04/21 machineries were installed and the work commenced. On 23/06/21 the project work commenced. The same is continued even on 31/07/21 and the action plan is likely to be completed by June, 2022. It appears that there is unreasonable delay and the officers should see that the plant is completed at the earliest. The report indicated that machinery has been installed and the project work has commenced then in absence of proper justification or the reasons or proper explanation as to why the project is likely to be completed in June, 22 cannot be accepted. In the last dated 18th August, 2021, Annexure F for Bio Remediation work it is stated that the work order was issued in June 2021. The total area of bio remediation work to be carried out is approximately 8000 m2 and the concerned officer has assured that work will be completed within the prescribed time limit. Total area of work was known and therefore, indication of area is irrelevant. In absence of any proper reason or justification for the delay caused, shows nothing but an act of neglect on the part of the officer.
F. Installation of weighbridge.
(1) for installation of weighbridge it is stated that the site development work is in progress as per solid waste DPR and the 11 work is to be completed on 30/06/21. The GPCB to verify the factual aspect and submit the report.
G. Approach Road.
(1) for the approach road to the solid waste disposal site it has been similarly stated that the work will be completed by 30/06/21. Whether the work is completed or not has not been stated. The GPCB will verify and submit the report. All reports aforesaid shall be submitted by the GPCB within a period of seven days.
H. Implementation of water supply.
To supply water to the residents of villages (1) Namadh, (2) Chandor, (3) Chharvada and (4) Chanod, there is very slow progress. The reason projected is the epidemic which is difficult to accept without any details. Lockdown did not continue for months together. In absence of details of lockdown, such as period or request by the contractor to extend the time on account of the permissible reasons indicated in the letter of the Chief Officer, Vapi, Nagar Palika, which is signed without filling the remarks column the request cannot be considered. Once the contract is awarded after the tendering process being completed, ordinarily within the time prescribed for completion of the work in the tender or the agreement, work must be completed. By and large the work is to be completed stage wise. As per the completion date indicated for each stage the work must be completed. It is very unfortunate that in the present case there is much delay at almost all the stages. Why the work cannot be completed before the date? Before the process of tendering, the officers must have applied their mind as to what would be the hurdles and how much time it will take to cross the hurdle. Thinking or anticipating, the time is to be fixed so that the work is completed in time and on account of delay there is no increase of cost, inconvenience to the residents and others and people are provided with their necessities for which the Government or the Local Authorities under different names are functioning. There are reports of the Collector and the implementing agency namely GWSSB/WASMO. The report of the Collector reveals that on 11/08/21 meeting was called which was attended by the officials of the Collector Office, GPCB, Vapi Nagarpalika, Notified Area Authority-Vapi, GIDC-Vapi, GWSSB, WASMO and after appraising them about the order made by the Hon'ble Tribunal and a detailed discussion, the action plan was submitted by the Collector and Senior Environmental Engineer, Regional Office, Vapi, (GPCB). The report of the implementing agency is in much detail and reading the report, it is very clear that the persons who have caused delay in implementation of the project for one or the other reason or under the shelter of epidemic without furnishing any details should be dealt with strictly so that public work may not suffer.
1. For village Namadh, the progress is very slow. On 18/01/2021 the status was at the stage of a tender. Considering the date of the order made by the Hon'ble Tribunal on 01/05/2017, 09/07/2018 and the stand of the water works department, Gujarat that a provision has been made for supply of water and that the plant will be completed by 2021. It is 12 very clear that the date for completion of the project has not been seriously kept in mind by the officers or the statement made before the Hon'ble Tribunal is misleading.
2. The status indicated as on 06/04/2021 the plant was under commissioning/testing. Similarly, the status as on 23/06/2021 shows that the plant is under commissioning/testing. The question of testing will come after the plant is completed. Maybe that the stage wise they might be commissioning and testing however, a misleading statement is made which is very clear from the status shown as on 31/07/2021.
According to the report pumping machinery at village level is provided up to 75% while the work is done up to 95%. The work of underground sump at village level (0.60 lakh litres to 20.20 lakh litres) is completed for implementing the water supply scheme. It appears that it was also conveyed that a total 32 sums have been erected.
3. This status is for villages (1) Namadh, (2) Chandor, (3) Chharvada and (4) Chanod. For the last village, survey was under process on 18/01/2021. For all these 4 villages earlier, it was indicated that the date of completion of the plant is July-2021 but it was subsequently indicated that the same would be completed by August 21. It was indicated on 18/08/21 that the work is completed however, gap work and testing is under process and the plant will be operative in December 21 in 2 villages, namely (1) Namadh and (2) Chandor. For remaining 2 villages namely (1) Chharvada and (2) Chanod it is stated that the work is not completed and is under commissioning and testing. For village Chharvada, expected completion date of Plant is now April-22 and for village Chanod, completion date of plant is now August-22. Looking at the earlier status report for all villages it was indicated that an earlier time limit was given for completion of the plant till July 21, which was extended to August- 21. It is difficult to understand the manner in which work is being taken from the contractors. The reason given for delay for all the 4 villages in the report of the Collector is indicated as (1) pandemic 19, (2) delay in process of HT line shifting, (3) laying of pipeline in highly populated area like Chhiri and Chharwada having land full of different utilities, (4) delay in permission for laying pipeline in Nagarpalika area near Janseva Hospital, (5) Gap Work and testing work in progress.
4. It transpires that GWSSB submitted reasons for delay. If read it becomes clear that the report referred earlier is misleading. In the report of GWSSB, it is clearly stated that the work of shifting of HT line is completed, work of split of sump is completed, work delayed on account of availability of land at 3 villages is now completed, laying of pipeline in a highly populated area like Chhiri and Chharwada is completed, there was change in alignment on account of private land however, that work is also completed.
135. There is delay in permission for laying pipeline in Nagarpalika area near the Janseva hospital and there is delay in permission for laying 550 m pipeline near Welspun company, and final decision regarding alignment is pending. It is also indicated that delay was due to Covid- 19.
6. On analysis it is clear that Covid- 19 or the lockdown is no reason as no complete details are submitted to indicate that the work was closed during a particular period. It is the Nagarpalika which caused delay in granting permission in time and the work of 550 metre pipeline is also delayed on account of not permission being granted and even today a decision regarding alignment of bridge is pending. Thus, the Vapi Nagarpalika did not grant permission in time and that has caused delay. It is clear that the authorities have not taken the work seriously. There is no reasonable explanation for delay at any stage.
I. Implementation of habitation connectivity scheme.
(1) The scheme was to be implemented for 4 villages referred earlier. On 18/01/2021 the status was indicated at the stage of tender. On 06/04/2021 it was indicated that for all the villages, the pipeline work is in progress. The status as on 23/06/2021 was shown for two villages, namely (1) Namadh and (2) Chandor, as work is completed including house connectivity. For the rest of the 2 villages, it was shown that the pipeline work is in progress. The status as on 31/07/2021 with respect to village Namadh indicates that the work is completed and house connectivity is also completed. This was the status as shown on 23/06/2021 and thereafter, no improvement has been shown. As indicated in the action plan completion date, earlier it was June-2021 but later on it was changed to December-21.
(2) For village Chandor in the status report on 23/06/2021 indicated that not only the work is completed but the house connectivity is also completed. However, the report as on 31/07/2021 indicates that SBC has been done for storage, structure, pipeline and ESR civil work is in progress and expected time which was June-21 has been extended to December-21.
3. For village Chharvada, the status report as on 23/06/21 indicates that the work is in progress. The status as on 31/07/2021 indicates that the SBC is done for storage, structure and pipeline supply and civil work for ESR is in progress. For the completion of the project earlier it was stated that by September-21 the project would be completed but thereafter it has been extended to December-21.
(4) For village Chanod, the status as indicated on 18/01/2021 was at tender stage. Thereafter, on 06/04/2021, 23/06/2021 and 31/07/2021 it was indicated that the work of the pipeline is in progress which is likely to be completed by December-21.
14(5) However, the report submitted along with a letter dated 18th August, 2021 indicates a different picture. It states "In the first phase water to be carry out from source to village under Vapi RWSS. In second phase water to be reach from the village to Habitation. LOI for the work have been given to the agency and we have plan to complete the project up to 08-22. Work completed 20%. Reason for delay of project Acquisition of Forest Land. Recently Approval on Dt. 14/07/2021." Thus, earlier what was conveyed was absolutely incorrect. Status as on 06/04/2021, 23/06/2021 and 31/07/2021 it was indicated as work is in progress, the work of the pipeline is in progress, is absolutely false in view of the report submitted along with a letter dated 18th August, 2021. The status as on 11/08/2021 reveals that only 20% work has been done. At no point of time, it was conveyed that the delay may be caused as the forest land acquisition is involved which may take time. Was it not known when the earlier report was submitted? For two villages, namely Namadh and Chandor as per the status report dated 23-06-21 not only work was completed but the work of house connectivity was also shown to have been completed. Thus, it is clear that the status reports were not only misleading but incorrect to show that the work is being carried out as expected with little delay. As a matter of fact, only 20% of the work is completed.
J. Implementation of House Connectivity.
(1) For village Namadh, as on 18/01/2021 95% work was already completed as per the status report. The status is on 06/04/2021 it was indicated that 100% construction work is completed and it is now at audit stage. The status report as on 23/06/2021 indicates that not only the work is completed but house connectivity is also completed. The status as on 31/07/20218 indicates that work is completed and house connectivity completed. (554HC-100% covered) It was indicated that the work was completed in the month of June-21. The report submitted along with the letter dated 18th August, 2021 indicates that hundred percent work completed and it conveys that GIDC/Local Source based water is being supplied.
(2) For village Chandor, 70% work was completed as on 18/01/2021. As per the status as on 06/04/2021, 75% work was completed. The status as on 23/06/2021 shows that not only the work but the work of house connectivity is also completed. As per status report as on 31/07/2021 not only work but the work of house connectivity was also completed (807HC-100% covered) and the work was completed in the month of June-21. The report submitted along with the letter dated 18th August, 2021 clearly reveals that hundred percent work has been completed and it conveys that GIDC/Local Source based water is supplied.
(3) For village Chharvada, on 18/01/2021 after the work was approved the matter was under process for tender. As on 06/04/2021 work was completed to the extent of 20% while on 15 23/06/2021 work was completed to the extent of 40%. As on 31/07/2021 work was completed to the extent of 50% and instead of completion of the project in the month of October-21 now it is stated that the same may be completed in November-
21. The process of the work appears to be slow. The report submitted along with the letter dated 18th August, 2021 makes it clear that only 50% work has been completed and the department is planning to see that the same is completed by December-21.
(4) For village Chanod, it appears that the survey work was undertaken in the month of January, 2021 and as on 06/04/2021 the papers were under process for issuance of tender and the tender was approved as per the status report dated 23/06/2021. It seems that on 31/07/21 as reported the tender was approved and the work has been completed to the extent of 10%. The completion of the project is expected by December-21. However, the status report submitted along with the letter dated 18th August, 2021 the different picture appears. According to the report, a tender has been approved and work order is to be given and the department is planning to complete the same by March-22. Thus, it is very clear that the report as on 31/07/2021 is misleading and incorrect. As per the subsequent report in the month of August work order was not given, the work could not have commenced before 31/07/2021 and the statement is not only incorrect but misleading.
(5) For the 1st time in the report along with the letter dated 18th August, 2021 it appears that apart from the aforesaid four villages, for the village Chhiri, tender has been approved for implementation of house connectivity and work order is to be given. The department is planning to complete the same by March-22. As far as this village is concerned, it is not referred to in the order specifically but the area or the village is a part of Vapi Nagar Palika and the petition covers the town Vapi.
(6) The tender was approved and a work order was given. Therefore, there is no question that on the dates indicated earlier work was in progress and the work of the pipeline was under progress. For the completion of the action plan now it is stated that instead of December-21, the revised date for completion of the work is in the month March-22. In the remarks column it is mentioned that on account of Covid 19 pandemic project has been delayed by 6 months and the concerned officer assured in the meeting that the work will be completed within the prescribed time limit. It is required to be noted that the Collector should have called upon to place the material to show the reason for delay or any application was given by the contractor. He ought not to have relied on the document bearing the signature of the Chief Officer with the seal of the Nagar Palika without any contents having been filled in the remark column. The Collector ought to have considered the notification issued by the Collectorate, Valsad on 18/05/20 to ascertain whether the benefit of the notification is available or not. As per the 16 Notification staggering of work/business hours were required to be followed in offices, workplaces, shops, markets and industrial and commercial establishments. The imposition of curfew and the lockdown is different. Whether the industries were closed, the markets were closed and such other aspects were required to be considered. In an area where there was no contentment zone there were no restrictions. After the Notification above what was the position has not been reflected and merely time is extended.
Under the excuse of heavy rains in the year 2019, cyclone which hit some areas in 2019, covid-19 reading with the notification referred earlier are no grounds for delay and particularly on the record no application by the contractor is placed along with the appropriate order made by the Chief Officer or other officer to extend the time.
The compelling reasons after the order made by the Hon'ble Tribunal which caused the delay in completing the projects are not stated. There is no progress at all in two STPs. In the facts and circumstances, it is clear that if strict action is taken only then the work shall be completed with speed."
7. We have heard learned Counsel for the applicant and Shri Rutvij M Bhatt an officer of Respondent No. 2 - Notified Area Committee. None appears for the Vapi Municipality, the Gujarat Urban Development Corporation (GUDC), the Collector, Valsad and the GPCB. It is possible that the said parties were not aware of proceedings today as the application was disposed of and the matter has been listed to consider the report. We are thus not passing any adverse order for their non appearance but directing them to take remedial measures which is their statutory duty.
8. We do not see any reason not to accept the report of the Committee comprising of senior functionaries of the Government, overseen by a former Chief Justice, based on visit to the site and interaction with all the concerned authorities. The report gives detailed reasons for holding that there is unreasonable delay and there is failure to scientifically manage the solid and liquid waste to the prejudice of the citizens. We are 17 thus of the opinion that urgent measures need to be taken as per observations of the Committee for (A) Sewage treatment plants (B) Municipal Solid Waste (C) In Situ Remediation (D) Door to Door collection (E) Bio Remediation/ legacy waste (F) Installation of weighbridge (G) Approach Road (H) Implementation of water supply (I) Implementation of habitation connectivity scheme and (J) Implementation of House Connectivity.
9. Needless to say that continuing failure of the authorities on the subject is in breach of public trust doctrine requiring the State authorities to provide clean environment and also violation of timeline fixed inter alia in the judgment of the Hon'ble Supreme Court in Paryavaran Suraksha Samiti Vs. Union of India1 and orders of this Tribunal dated 22.02.2021 in O.A. No. 593/2017, Paryavaran Suraksha Samiti & Anr. v. Union of India & Ors. and dated 20.02.2020 in OA 606/2018, Compliance of Municipal Solid Waste Management Rules, 2016. It may be noted that Damanganga and Kolak rivers are identified as polluted river stretches by the CPCB based on data of water quality.
Action plans for their restoration, including water quality, treatment and utilisation of treated effluents etc. have been prepared by River Rejuvenation Committee constituted in terms of orders of this Tribunal in OA 673/2018 which need execution. Further, Vapi is a critically 1 (2017) 5 SCC 326 18 polluted area as per data compiled by CPCB and discussed in OA 1038/2018, News item published in "The Asian Age" Authored by Sanjay Kaw Titled "CPCB to rank industrial units on pollution levels" wherein the Tribunal has directed remedial action to bring down CEPI score.
10. Since several departments are involved and issues of inter departmental coordination are also involved, we direct the Chief Secretary, Gujarat to hold a meeting of concerned stakeholders - CPCB, GPCB, Collector, Valsad, Vapi Municipality, GUDC Gandhinagar, NAA Vapi within 15 days from today to prepare an action plan to address the issues arising out of the above report with prompt timelines and budgetary support. The action plan may thereafter be executed expeditiously. The execution may be reviewed atleast once in every quarter by the Chief Secretary. Review may include the issue of progress in execution of river rejuvenation plan, fixing accountability for non-
commencement of bio-mining of legacy waste, not commissioning the waste processing plant and bridging gaps in sewage treatment.
The application is disposed of.
A copy of this order be forwarded to Chief Secretary, Gujarat by e-
mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM M. Sathyanarayanan, JM 19 Brijesh Sethi, JM Dr. Nagin Nanda, EM September 27, 2021 Original Application No. 57/2016 (WZ) (M.A. No. 64/2018) DV 20