National Green Tribunal
Mr. Charan Ravindra Bhatt vs Vasai Virar City Municipal Corporation on 12 July, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 32/2021 (WZ)
Charan Ravindra Bhatt Applicant
Versus
Vasai-Virar City Municipal Corporation & Anr. Respondent(s)
Date of hearing: 12.07.2021
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 DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Karan Raj, Advocate
ORDER
1. Grievance in this application is against failure of Vasai - Virar Municipal Corporation in performing its statutory obligation of providing clean environment by scientific disposal of solid and liquid waste.
2. Averments in the application are that the city and tehsil of Vasai - Virar is surrounded by the beauty of nature, which includes the river "Vaitarana" which flows towards the north side of the city. The river is surrounded by a creek, known as "Vasai creek" towards the south, the Arabian sea towards the west and the forests and mountains towards the east. The city is accordingly blessed with natural resources and abundant environment which helps to maintain the ecological balance in the ecosystem in the city and nearby areas. The region of Vasai - Virar has been subjected to severe pollution owing to setting up of several industries in the area. Only one STP with a capacity of 30 1 million liters per day (mld) has been installed. Further, only fifteen mld sewage is being treated in the STP. One hundred and eighty-four mld sewage water is being generated in the Vasai - Virar City Municipal Corporation and the same is released in the water bodies and ocean situated near the Municipal Corporation, thereby, creating pollution in the water bodies. This is drastically affecting the environment and creating oceanic and aquatic pollution. Furthermore, the untreated water is released in the nearby water body which is affecting the environment. The Applicant submits that there are more than ninety water bodies in the region of the Municipal Corporation and such release of sewage water is polluting the water bodies and affecting the lives and health of the living beings surviving on the water bodies. The Respondent No. 1, Vasai- Virar City Municipal Corporation, is required to install the STPs in their wards and such STPs should be installed according to the sewage generated in the respective wards. However, the Respondent No. 1 has till date failed to install any such STPs, thereby violating the guidelines and directions issued by the Respondent No. 2, Maharashtra Pollution Control Board. Respondent No. 2, by exercising the powers conferred u/s. 33A of the Water Act, had issued various directions and guidelines dated 21.07.2016, 04.08.2017 and 25.10.2018 to Respondent No. 1 to implement long term and short-term measures for the treatment and disposal of sewage. The Respondent No. 2 further observed that the Respondent No. 1 is generating sewage to the tune of 105 MLD and no sewage is treated or partially treated and 105 MLD of the sewage is being discharged into the Pelhar river without treatment. The Applicant further states that as the Respondent No. 1 failed to adhere to the directions and guidelines issued by the Respondent No. 2, the 2 Respondent No. 2, vide letter dated 25.04.2019, directed the Respondent No. 1 to pay an amount of Rs. 10,50,000/- (Rupees Ten Lakhs and Fifty Thousand Only) per day (i.e. one paise/per ltr.) towards the cost of remediation/pollution control. According to the recent development plan of the Municipal Corporation, following areas are reserved for the installation of STP:
Sr. No. Name of the Survey No. Area (in Sq
Village mtrs.)
1 Shirgaon 4, 42, 45, 16,435
341, 386
2. Naringi 11, 12, 17 51,322
3. Aagashi 54, 65, 66, 35,071
69, 70, 9, 10, 11
4 Gaas 411A-A 42,331
5 Aachole 21, 22, 23, 25,931
24,30,31
6. Aachole 104 1,319
7 Rajivali 124, 123, 32, 847
Gokhivare 55
8. Manikpur 148, 149 1,028
9. Malonde 69 12,335
10. Umele 123 20,221
11. Umelemaan 52, 53, 54 49,300
12. Juchendra 209, 325 28,972
3. Illegal construction is being carried out in these areas which are specifically reserved for the installation of STPs. The Environment Audit was conducted with the help of M/s. Skylab Analytical Laboratory. M/s. Skylab Analytical Laboratory is engaged in providing services for chemical, biological, physical analysis and testing of various parameters as per relevant standards like National Ambient Air Quality Monitoring Standard (NAAQMS), Environment Protection Act, 1986, Water Act, Maharashtra Pollution Control Board (MPCB), Central 3 Pollution Control Board (CPCB), Factories Act, OHSAS standards etc. The Environment Status Report mentions that the samples of pollutants like Sulphur Dioxide, Nitrogen Dioxide, Amonia and various other samples were collected from different places to test the Air quality. The report also mentions thirty-two places from where Air samples were collected. However, there are no permanent Air Quality Monitoring Stations installed in the Municipal Corporation. The illegally dumped material contains toxic substances and these materials pose a serious health and safety risks to the people living in the vicinity. The illegal dumping is putting the entire community at risk and their health at stake. However, the Respondent No. 1 has failed to comply with the directions given by Respondent No. 2, thereby violating the Environment (Protection) Act, 1986. The Municipal Corporation is required to carry out environmental audit and publish environment status report. However, Respondent No. 1 has not published its report since 2015.
4. From the above, it is seen that there are serious violations of environmental norms in treating and scientifically handling the solid and liquid waste by Municipal Corporation. The photographs annexed to the application prima-facie support the averments. Letter of the State PCB dated 19.11.2018 mentions that the Corporation is not complying with the provisions of the Solid Waste Management Rules, 2016.
5. In terms of directions of the Hon'ble Supreme Court in Paryavaran Suraksha, (2017) 5 SCC 326, the Tribunal has been monitoring compliance in the matter of ensuring that no untreated sewage is discharged into the water bodies after 1.4.2018 in OA 593/2017 but unfortunately, the local bodies remain violating the directions and State 4 Governments have failed to ensure compliance. The issue of solid waste management has been dealt with by this Tribunal in OA 606/2018 in pursuance of directions of the Hon'ble Supreme Court in Writ Petition No. 888/1996, Almitra H. Patel & Anr. v. Union of India & Ors. In the said matter, the Chief Secretaries of all States/UTs were required to remain present before this Tribunal1 and after interaction with them, separate orders for all States/UTs referring to the individual issues in such States/UTs,2 particularly issue of legacy waste dump sites and remediation of current waste on scientific basis were dealt with and the Chief Secretaries were directed to monitor compliance every month by creating a monitoring cell, directly under them, in terms of directions of the Hon'ble Supreme Court and the District Magistrates monitoring such compliances every fortnight. The statutory timelines have come to an end. It was directed, vide order dated 10.01.2020, that compensation will be payable for failure to comply with the requirement of taking steps mentioned in Rule 22 of the SWM Rules, 2016 at scales mentioned therein, depending on the size of local bodies, from 01.04.2020 till compliance. Compensation was also directed to be recovered at the laid down scale for delay in commencing and completing the legacy waste remediation measures. The Tribunal has noted that as per data compiled by the CPCB, 351 river stretches are declared polluted. Comprehensive Environment Pollution Index (CEPI) prepared by the CPCB shows that 100 industrial clusters are polluted. The Tribunal is also dealing with the remedial action for restoration of the 351 stretches in OA 673/20183, In Re: News item published in "The Hindu" authored by Shri Jacob Koshy, titled "More river stretches are now critically polluted: CPCB" for which 1 Vide order dated 16.01.2019 2 Vide order dated 18.07.2019 (last such order is in respect of Jammu & Kashmir) 3 Vide order dated 21.09.2020 5 the Tribunal has directed preparation and execution of action plans for each of such stretches by constituting River Rejuvenation Committees (RRCs) for all States/UTs headed by Environment Secretaries which action needs to be overseen by the Chief Secretaries at the State level and by a Central Monitoring Committee (CMC) headed by Secretary, Jal Shakti alongwith NMCG and CPCB at the national level. OA 829/20194, Lt. Col. Sarvadaman Singh Oberoi v. Union of India & Ors. deals with the remedying of coastal pollution for which directions have been issued on the same pattern for preparation and execution of action plans by the RRCs to be overseen by the Chief Secretaries at the State level and by the CMC at the national level. The same order also deals with utilisation of treated water, being OA 148/2016, Mahesh Chandra Saxena vs South Delhi Municipal Corporation & Ors. and OA 325/20155, Lt. Col. Sarvadaman Singh Oberoi v. Union of India & Ors., dealing with the issue of restoration of water bodies by removing encroachments and preventing pollution has been dealt with by this Tribunal. OA 176/2015, Shailesh Singh v. Hotel Holiday Regency, Moradabad & Ors.6, the Tribunal has directed monitoring of groundwater extraction to give effect to the mandate in Hon'ble Supreme Court judgment in M.C. Mehta v. Union of India & Ors. (1997) 11 SCC 312. With regard to bio-medical waste, the matter has been dealt with in OA 710/2017, Shailesh Singh, v. Sheela Hospital & Trauma Centre, Shahjahanpur & Ors.7, with regard to hazardous waste, matter has been dealt with in OA 804/2017, Rajiv Narayan v. Union of India & Ors.8, with regard to e-waste, matter has 4 Vide order dated 21.09.2020 5 Vide order dated 18.11.2020 6 Vide order dated 20.07.2020 7 Vide order dated 18.01.2021 8 Vide order dated 29.01.2021 6 been dealt with in OA 512/2017, Shailesh Singh v. State of UP9, with regard to plastic waste, matter has been dealt with in EA 13/2019 in OA 247/2017, Central Pollution Control Board v. State of Andaman & Nicobar & Ors.10 for laying down liability to pay compensation for non- compliance. By our recent order dated 5.7.2021, we have directed preparation and execution of District Environment Plans as follows:
"Accordingly, in view of long-time failure to comply the mandate of the Constitution adversely affecting the public health and the environment and repeated failures to comply with the earlier directions on the subject, we direct a. Chief Secretaries of all the States/UTs may ensure completion of District Environment Plans (DEPs) for all the Districts, in the light of orders of this Tribunal dated 26.9.2019, 19.3.2020. 29.1.2021 and the observations in the present order and upload the same on their respective websites positively by 31.10.2021.
b. The DEPs may contain data on each environmental issue covering each city, town and village. Data may show the extent of gap in compliance of laid down norms for i. Waste Management - Municipal Solid, Plastic, Bio- Medical, Electric and Electronic, Hazardous and Construction and Demolition waste ii. Sewage treatment and utilisation iii. Water quality - Rivers, Water bodies, Ground Water, Coastal waters and Rain water harvesting, iv. Industries Pollution Control including industrial clusters v. Air Quality management includes pollution due to dust vi. Regulating mining/ Sand mining vii. Noise pollution viii. Any other issues significant in the area ix. The DEP must give timelines for accomplishment of tasks backed up with budgetary support and the officers entrusted with the job, with contact details of the nodal officer at various levels in the District 9 Vide order dated 15.01.2021 10 Vide order dated 08.01.2021 7 x. Scope for public participation on remedial measures like plantations c. DEPs may also contain mechanism for review at different levels.
d. The District Magistrates may accordingly execute the action plans by reviewing the progress on various targets at least once in a month.
e. All the States may accordingly consolidate the DEPs and prepare their respective State Environment Plans and upload the same on their respective websites..."
6. Since damage to environment is directly linked to the public health and neglecting compliance of environmental norms results in deaths and injuries, violation of environmental norms needs to be taken as seriously as preventing crimes of homicides and assaults. It is more serious as the victims may be wide spread and unidentified. The consequences may even affect future generations. The Tribunal has also directed preparation of District Environment Plan for all districts giving data on thematic issues for each village, town and city on websites which is to be updated periodically. Thus, it is necessary to ascertain the compliance of status and remedial action in the matter.
7. Accordingly, we constitute a joint Committee comprising CPCB, State PCB and District Magistrate, Palghar to ascertain the compliance status. The State PCB will be the nodal agency for coordination and compliance. The joint Committee will be at liberty to visit the site and interact with the stakeholders and except for site visit once, conduct proceedings online. The Committee will also be at liberty to take assistance from any other expert/institution. The report may give the Environmental Status of Vasai- Virar and mention whether the DEP for the District is in consonance with the directions of this Tribunal particularly with reference to remedial action plans on: (i) Sewage 8 generation, treatment and utilisation (ii) water quality of Vaitarana and Pelhar rivers at strategic locations, water quality of Creek and regulatory zone, preserving water bodies, (iii) Solid waste generation, its processing and bio-mining of legacy waste and preventing fires and nuisance due to foul odour (iv) air quality in the areas of Vasai- Virar and AQI (v) issues relating to Industrial pollution control covering compliance to Water and Air Acts as well as preventing industrial accidents and hazardous waste management and (vi) encroachments/ illegal constructions, monitoring mechanism of the action plan at DM level through District Committee and at State level by CS.
8. If the report is adverse to the Municipal Corporation, a copy of the report be furnished to the Corporation for its response, if any, before the next date. In the light of facts found, the statutory authorities will be free to take further action for enforcement of law, including initiation of prosecution and assessment and recovery of compensation on "Polluter Pays' principle, following due process of law. The joint Committee may also ascertain status of compliance of directions of the State PCB dated 25.04.2019 requiring payment of compensation @ Rs. 10 lakhs per day.
The applicant may serve a set of papers on CPCB, State PCB and District Magistrate, Palghar and file affidavit of service within one week.
A copy of this order be forwarded to Chief Secretary, Maharashtra, CPCB, State PCB and District Magistrate, Palghar by e-mail.
List for further consideration on 25.10.2021.
Adarsh Kumar Goel, CP 9 Sudhir Agarwal, JM M. Sathyanarayanan, JM Dr. Nagin Nanda, EM July 12, 2021 Original Application No. 32/2021 (WZ) DV 10