National Green Tribunal
Suraj Pradip Ajmera vs Aurangabad Municipal Corporation on 9 March, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 03 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 29/2020(WZ)
Suraj Pradip Ajmera Applicant
Versus
Aurangabad Municipal Corporation Respondent
Date of hearing: 09.03.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant: Mr. Anuya Sagare, Advocate
Respondent: Mr. Aniruddha S. Kulkarni, Advocate for AMC
Mr. Vilas A. Jadhav, Advocate for MPCB
ORDER
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1. The issue raised in the application is damage to environment due to absence of scientific management of sewage problem in Aurangabad city. Case of the applicant is that the residents of Aurangabad are continuously suffering from the pollution problem due to the inappropriate disposal of sewage into the nalas and river in the city of Aurangabad. It is stated that the city is choking at many crowded and important areas due to the improper implementation of underground drainage lines, including the main square at the Aurangabad Municipal Corporation Building. Water is getting polluted day by day due to the improper disposal of the sewage in the nalas, which is dangerous to the health of the public as well.
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2. Vide order dated 24.07.2020 while issuing notice to the respondents including - Aurangabad Municipal Corporation (AMC) and State PCB, the Tribunal constituted a joint Committee comprising Commissioner, Municipal Commissioner, Aurangabad, CMO, Aurangabad and Maharashtra Pollution Control Board to submit a factual report in the matter.
3. Accordingly, report dated 29.09.2020 was filed by the Committee which came up for consideration on 25.08.2021. The Tribunal noted that discharge of untreated water into the rivers Kham and Sukhna was taking place and directed remedial action. The matter was further considered on 05.10.2021 and direction was issued to remedy the situation of non-functioning of the STPs and resultant discharge of untreated sewage into the rivers. Vide order dated 30.11.2021, the Tribunal also noted pendency of WP (PIL) No. 7533/2019 before the Bombay High Court and deferred the matter to consider whether there was bar for Tribunal to consider the matter.
4. In pursuance of order dated 30.11.2021, the applicant has filed affidavit explaining that Writ Petition before the High Court pertains to cleaning of drains and removal of encroachments while the present petition was limited to the inappropriate disposal of sewage into the drain. Thus, there is no bar to the consideration of the issue raised in the application.
5. An affidavit has also been filed by the AMC on 08.03.2022 which mentions the approval of DPR on 25.02.2022 for underground sewage network and treatment facilities. It is further mentioned that Grants have been received under the 15th Finance Commission and tenders have been floated of work in question on 08.12.2021 and 11.02.2021. There is a 2 river rejuvenation programme for Kham river for which DPR has been submitted. Underground sewage network is being set up.
6. As against the above, the stand taken by the State PCB is that untreated sewage is being discharged which has led to notice being issued by the State PCB under the Water (Prevention and Control of Pollution) Act, 1974 on 04.10.2021. Consented parameters of BOD and COD are not being achieved. On visit to the Kham river it was found that domestic sewage from the houses on the bank of rivers was being discharged, without treatment. STPs need attention in respect of operation and maintenance. Drain near Salim Ali Lake is not connected to STP. 100% sewage is not being collected for treatment though STPs have capacity to treat. Further information mentioned is as follows:-
"* The total consumption of water supply to Aurangabad city is 120 MLD and generation of sewage is about 96 MLD for which Aurangabad Municipal Corporation (AMC) has installed 4 nos. of Sewage treatment plant (STP) at Salim Ali Sarovar (5 MLD) Zalta (35 MLD), Padegaon (10 MLD) and Kanchanwadi (161 MLD) having total capacity of 211 MLD. Presently 80 MLD sewage is treated in these 04 STP's and remaining 16 MLD sewage is being discharged in to kham and Sukhana river.
* To attend this 16 MLD sewage AMC has prepared DPR of Rs.
8.67 Cr. The said DPR have already been accorded the Administrative approval and Technical sanction and the tender process have been initiated and submitted that approximately one to two months required to start the said project and further 5 to 6 months required for its execution. * Mean time AMC has approached to NEERI, Mumbai to extend their technical support for short term measures and effective treatment methods to domestic effluent flowing through the nallas, rivers. Further issued standing instruction letters to Ward Engineers to take immediate action to minimize the inflow of illegally let outs of domestic sewage."
7. From the report of the State PCB, it is seen that 100% sewage is not being treated and untreated sewage is being discharged into the river, resulting in pollution of the river water. In the reply of the AMC submitted to the State PCB on 28.10.2020, it is stated that amount of 3 Rs. 373 Crores has been spent on the project but still untreated sewage is going to the river. The report further says that AMC is not in a position to bear the financial burden. The relevant part of the stand of the AMC is as follows:-
"As regards para it is to justify that as mentioned UIDSSMT scheme got completed during march 2019 and the actual expenditure is incurred Rs 373.30 crores,. Also it is to submit here that, initially the approved funding pattern was 80:10:10 means 80% cost of project to the provided GOl and 10% has GOM and the Aurangabad Municipal Corporation was supposed to bear only 10% of the approved project cost but subsequently the GOl have changed this funding pattern to 60:20:20 due to which and additional burden was laid upon Aurangabad Municipal Corporation, However due to financial crunch the Aurangabad Municipal Corporation have decided to complete the most essential part of this UIDSSMT scheme like STP/SPS pumping mains and main sewers and some branch sewers and few internal networks and as the tender rates were based upon DSR 2012- 2013 and the tenders was above, the Aurangabad Municipal Corporation was not in a position to bear this additional burden of funds so also the Hon'ble General Body of Aurangabad Municipal Corporation have disapproved the proposal for obtaining the loan for complete these UIDSSMT project, Hence the scheme have been winded up by doing the above said major components of project and finalized the said information is also being up loaded over the Aurangabad Municipal Corporation web site for information of common Citizens."
8. It is not clear whether STPs comply with the standards, including those for Fecal Coliform. It is also not clear why STP of 135 MLD capacity at Kanchanwadi is treating only 65 MLD and why against sewage generation of 96 MLD, STP of 211 MLD capacity has been set up. It is also necessary to find out whether there is scheme in place to utilize treated sewage for industrial purposes or by other bulk users and whether Industrial Estates in and around Aurangabad have been or can be associated with the scheme to utilize treated sewage. Let this information be now furnished by the AMC before the next date. 4
9. AMC has to prevent pollution of river by discharge of untreated sewage to which absence of funds cannot be a plea. No one can be allowed to contaminate water which is to be consumed by living beings and used for irrigation, affecting food safety. The State is bound to honour basic human rights of citizens and arrange funds for the purpose. It is a different matter that suitable strategies are used to minimise expenditure on the subject.
10. During the hearing, suggestion has emerged that an interaction be held at the level of Chief Secretary, Maharashtra with inclusion of Secretary, Urban Development, Maharashtra and Technical Experts as may be decided by them including from IIT, Bombay, Regional Officer, CPCB and Member Secretary, State PCB to consider possibility of laying pipeline upto the industrial area for transporting treated sewage to the industrial areas so that the same can be utilized for industrial purpose. Industries Association may be associated in the project of sewage treatment and can bear a part of the cost out of Corporate Social/Environmental Responsibility, depending upon the financial capacity of the member industries. This may result in a permanent and long-lasting cheaper solution. If successful, this experiment may be tried appropriately at such other locations in the State as found appropriate and also customized different locations. The Committee may also study such models elsewhere in the country which reportedly have been successful. The Committee may also consider any other viable strategies for sewage treatment and interception and diversion of sewage, use of appropriate effective and economical technology, making group housing societies Zero Liquid Discharge (ZLD) by recycling treating sewage, after treatment in decentralized manner and utilizing the treated sewage for horticulture, flushing, cleaning or other non-drinking purposes. This 5 strategy may help in augmenting availability of potable water particularly in drought affected areas of Aurangabad Region in Maharashtra where potable water had to be transported by trains in the past. The Secretary, Urban Development may act as nodal agency who may call for a meeting within one month.
A report in the matter be filed by 31.08.2022 by e-mail at ngt- [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
List for further consideration on 21.09.2022.
A copy of this order be forwarded to the Chief Secretary, Maharashtra, Secretary, Urban Development, Maharashtra, State PCB and CPCB by e-mail.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM Dr. Vijay Kulkarni, EM March 09, 2022 Original Application No. 29/2020(WZ) A 6