National Green Tribunal
Anupam Verma vs State Of U.P on 23 August, 2022
Item No.01 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.170/2022
Anupam Verma ...Applicant
Versus
State of U.P. ...Respondent
Date of hearing: 23.08.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondents: Mr. Panshul Chandra, Advocate for UPEIDA
Mr. Daleep Dhyani, Advocate for UPPCB
Application is registered based on a Letter Petition received by Post.
ORDER
1. The grievances in this letter petition sent by Mr. Anupam Verma, Advocate, Grampradhan Adampur Naubasta, Gosainganj, Lucknow are that provision has been made by UPIDA for harvesting of rain water from the Purvanchal Express way but the same is not being done as per the prescribed norms for rain water harvesting. As per IS Code: 15797, only roof top rainfall water is harvested for recharging of groundwater which does not include the water from first rain but UPIDA has not made any provision in this regard. The road has been constructed with bitumen which is water soluble and remnants of bitumen, waste generated by road usage will be carried to ground water thereby seriously contaminating the same creating health hazard for the villagers living alongside the above said express way. Grievance of the applicant is regarding illegal sand mining in the region of Kanpur and Unnao by Mr. Nagendra Singh (Respondent no. 2). It is submitted that even an unauthorized O. A. No. 170/2022 Anupam Verma Vs. State of U.P. -2- bridge has been constructed in the middle of the River Ganga due to which the river has got divided into two Streams which can also prove to be hazardous to the residents of the nearby villages.
2. Vide order dated 18.04.2022, this Tribunal constituted a Joint Committee comprising of the Central Pollution Control Board, Central Ground Water Authority, Indian Road Congress and State PCB and directed the same to submit factual and action taken report within two months. The relevant part of the order reads as under:-
" Having regard to the seriousness of the allegations regarding remnants of bitumen, waste generated by road usage- oils and hydrocarbons deposits on tarmac due to vehicular traffic containing chemicals/heavy metals etc., being carried by run off of rainfall water to ground water thereby seriously contaminating the same, it appears necessary to verify the factual position through a Joint Committee of the Central Pollution Control Board, Central Ground Water Authority, Indian Road Congress and State PCB. The State PCB will be the Nodal agency for coordination and compliance. The Joint Committee may meet within four weeks and undertake site visit and look into the grievance of the applicant and take such remedial action including formulation of appropriate guidelines as may be required Factual and action taken report may be furnished within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF..."
3. In compliance thereof, the Committee inspected the site on 29.06.2022 and 30.06.2022 and has submitted report vide email dated 18.08.2022. The relevant part of the report reads as under:-
"X X X X X X
2. Accordingly, the following members have been nominated by the concerned departments, 2.1. Shri Rajendra D. Patil, Scientist-D, CPCB, RD Lucknow 2.2. Shri Jagdamba Prasad, Scientist - D, CGWB, NR, Lucknow 2.3. Shri Bidur Kant Jha, Member Secretary(H-2), IRC, Delhi 2.4. Shri U. C. Shukla, Regional Officer, UPPCB R. O. Lucknow O. A. No. 170/2022 Anupam Verma Vs. State of U.P. -3-
3. The committee conducted the meeting and carried out the field visits during June 29-30, 2022. The committee also interacted with the official of Uttar Pradesh Expressways Industrial Development Authority (UPEIDA).
4. As per the details provided by the UPEIDA, 4.1.Total length of the Purvanchal Expressway is 340 KM. The project has been constructed during 2018-21 after obtaining the Environmental Clearance from SEIAA, UP. The copy of the Environmental Clearance (EC) is attached at Annexure.
4.2. In the said EC, the condition of rainwater harvesting has been prescribed at Sr. No. 27 as 'Rain water harvesting sites should be developed where ever possible as per Norms.' 4.3. To comply with the condition of the EC, the plan for installation of 1361 rainwater harvesting structure have been planned and the construction of 176 structures has been started following Appendix 7 of Guidelines for expressways (2010) issued by Ministry of Road Transport and Highways (MoRTH) and published by IRC for rain water harvesting and artificial recharge along national highways.
4.4. At the same time the UPEIDA also referred the matter to Ground Water Department, UP Govt for enquiring about the feasibility of groundwater harvesting structures along Purvaanchal Expressway.
4.5. The Ground Water Department, U. P. informed to concerned Project Engineers that if the groundwater table during post Monsoon period is below 8.00 m, then only the installation of rainwater harvesting system is recommended. In the region of Purvaanchal Expressway the Ground Water Table is shallow at less than 8.00 m.
4.6 Considering the recommendation of Ground Water Department, the construction of remaining 1185 rain water harvesting structures have been de-scoped from proposed scope of work. O. A. No. 170/2022 Anupam Verma Vs. State of U.P. -4- 4.7. Thus, only 176 rainwater harvesting structures have been installed along the Purvanchal Expressway.
5. The matter related to requirement of the groundwater recharge considering the level of water table in the said area is briefly discussed with the member representing CGWB.
5.1. The groundwater recharge is essentially recommended when the groundwater level is more than 8.00 mbgl during post monsoon period as per state government norms. However, water conservation measures are also mandatory in shallow water level areas.
5.2. As per the available data of Ground Water Monitoring Stations of UPGWD in the covering the districts and blocks, the water level along the periphery of the expressway almost is less than 8.00 mbgl, thereby water conservation measures are feasible to adoption instead of artificial recharge in shallow water level areas.
5.3. Along the periphery of the expressway, the groundwater level in Azamgarh district is shallow but category of three blocks namely Ahirauala, Palhani and Sathiyaon are in semi-critical category as per GWRE 2020. The comparison between category of blocks as per GWRE -2017 & 2020 shown in Table no 1 and Fig no 1 & 2.
Table No -1
Category as on Category as on
District Blocks Resource 2017 Resource 2020
Maunath bhanjan Mohammadabad Safe Safe
Azamgarh Sathiaon Semi-critical Semi-critical
Amethi Jagdishpur Safe Safe
Amethi Sukul bazar Safe Safe
Barabanki Haidergarh Safe Safe
Ayodhya Amaniganj Safe Safe
Barabanki Trivediganj Safe Safe
Lucknow Gosaiganj Safe Safe
Ghazipur Muhammadabad Semi-critical Safe
Ghazipur Bhawarkol Safe Safe
Ghazipur Barachawar Semi-critical Safe
Ghazipur Birno Safe Safe
O. A. No. 170/2022 Anupam Verma Vs. State of U.P.
-5-
Category as on Category as
District Blocks
Resource 2017 on
Ghazipur Mardah Safe Resource
Safe
Ghazipur Kasimabad Safe Safe
Maunath bhanjan Pardaha Safe Safe
Maunath bhanjan Ranipur Safe Safe
Azamgarh Palhani Safe Semi-critical
Azamgarh Tahbarpur Safe Safe
Azamgarh Pawai Safe Safe
Azamgarh Bilariyaganj Safe Safe
Azamgarh Ahiraula Safe Semi-critical
Ambedkar nagar Akbarpur Safe Safe
Sultanpur Jaysinghpur Safe Safe
Sultanpur Dhanpatganj Safe Safe
Sultanpur Baldirai Safe Safe
Sultanpur Akhand nagar Safe Safe
Sultanpur Dostpur Safe Safe
Sultanpur Kurebhar Safe Safe
6. The committee visited the random rainwater harvesting structures constructed in the region between Lucknow and Barabanki section.
6.1. Total three rainwater harvesting structures are verified during the joint inspection visit by the committee members.
6.2. Rain Water Harvesting structures with two recharge wells are constructed in every 500 m distance along the both side of the expressways.
6.3. The RWH designed as settling chamber followed by the filtration unit in which two recharge wells 200mm (8") dia. have been installed. The length of the pipe is kept as around 15 m as an average.
6.4. The geotextile membrane is surrounded to the pipe throughout the length of the pipe for entrapping fine sediments into recharge wells to avoid the clotting enhancing the efficiency of recharge wells.
6.5. It has been informed that, the drawings of the rainwater harvesting system has been approved by the Authority Engineer based on the guidelines of the MoRTH.
6.6. Tube wells have been constructed at every Toll Plazas after getting of NOCs from UP Ground Water department for domestic and horticulture/greenbelt development purposes.
O. A. No. 170/2022 Anupam Verma Vs. State of U.P. -6-
7. Considering the above, the committee is of the considered view that the installation of groundwater recharge structures through recharge well is not required in the region of Purvaanchal Expressway. And hence the above recharge structures can instead be converted for collection of rainwater to utilize it for horticulture/ green belt development to minimise the fresh groundwater extraction besides surplus rainwater should be diverted in the natural water bodies viz. Ponds, Lakes, etc.
8. The committee also discussed about the possible contaminants in the bituminous road surface runoff, 8.1. As a matter of fact, bitumen is not soluble in the water.
However, with time the surface coating of dust-bitumen matrix is strip-off and accumulated along the roadsides.
8.2. During site visit it found that there is negligible stripping, it might be due to use of quality aggregate having good bitumen adhesion property (Annexure- Aggregate Test Result).
8.3. Committee referred several documents in this regard which are summerised as below:
8.3.1. The member representing IRC informed the following to the Committee 8.3.1.1. Central Road Research Institute (CRRI) has studied the metals contaminants of bituminous mix with aggregates and found that there is no such observed contamination.
8.3.1.2. Indian Institute of Technology, Kharagpur (IIT Kharagpur) has studied the leaching effects of Gap Graded Rubberised Bituminous Mix (GGRB) which having 20-25% Crumb Rubber (result given below) and found that there is no such observed contamination of ground water.
8.3.1.3. BITS, Hyderabad has studied the leaching effects of Bituminous Concrete Mix (BC) with CRMB60, generally having 12-14% crumb rubber (which is also being used as wearing course of the Purvanchal O. A. No. 170/2022 Anupam Verma Vs. State of U.P. -7- Expressway) and found that there is no such observed contamination of ground water.
8.3.1.4. The analysis tables provided in above mentioned studies are given in the Annexure.
8.3.2. The United State Environmental Protection Agency (EPA) has carried out 'Assessment of water quality runoff from sealed asphalt Surfaces.' The detailed report is also available in the EPA website.
8.3.2.1. The said study was planned as Runoff from roads and parking lots has been shown to contain high levels of pollutants and to be toxic to both freshwater and marine organisms. Copy attached.
8.3.2.2. Following are the outcome of the study 8.3.2.2.1. The EPA study results represent the Polycyclic Aromatic Hydrocarbon (PAH) runoff that could be expected from runoff and weathering without contributions from vehicular use.
8.3.2.2.2. In toxicity testing of PAH-laden stormwater runoff, Ireland et al. (1996) observed a reduction in toxicity when the organic PAH containing fraction was removed from the samples. They also observed in all runoff samples where TSS were removed by filtration, an increase in toxicity indicating the PAHs were either in solution or sorbed to organic carbon. The high COD/TSS ratio for this study indicates that most of the constituents in the runoff are either in the aqueous phase or bound to colloidal material that passes through traditional TSS filters. While particulate release due to vehicular abrasion is demonstrated in other studies (Mahler et al., 2004 and 2005), even without abrasion sealants may release PAHs.
8.3.2.2.3. Routing and treatment of stormwater runoff appear to be effective controls in reducing the toxicity of runoff in general. PAHs are assumed to be bound to particulates, which could imply that O. A. No. 170/2022 Anupam Verma Vs. State of U.P. -8- sedimentation might treat runoff and remove PAHs.
8.3.3. The adopted guideline to install rainwater recharging through well after installing sedimentation followed by sand filtration seems to be sufficient to handle the rainwater surface runoff in normal conditions.
8.3.4. However, case specif ic study in Indian condition is required considering maintaining groundwater quality is vital to the continued health of the environment. Hence, committee is of the considered view that the detailed Characterisation study of the surface runoff from the bitumen roads in Indian environment need to be conducted through reputed organization. The study should also consider the different regional aspects throughout the country.
8.3.5. Based on the outcome of the above-mentioned study, CGWA in coordination with Ministry of Road Transport & Highways (MoRTH) can be asked to review the existing mechanism of groundwater recharge using the surface water runoff the roads.
9. The committee also referred the BIS Code: 15797 which is indicated in the Hon'ble NGT order. The said code related to Roof Top Rainwater Harvesting. The said code mainly gives the designs of Roof Top Rainwater Harvesting in the buildings and recommends for discarding the first rain of runoff.
10. However, in case of the expressways regular cleaning of dust and dirt through tractor/truck mounted vacuum cleaning machine and brush cleaning machine is being practiced. At least one such machine is deputed in each patch of the expressway. And in that way the road dust flowing through the first surface runoff can be minimized.
11. The committee also interacted with Additional Chief Secretary, UP Govt. and CEO of UPEIDA. He appraised the committee that the Purvanchaal Expressway has been built in the record time and that too during the period of COVID.
The committee expressed their views regarding rainwater conservation by converting the 176 structures constructed for groundwater recharge, massive afforestation along the O. A. No. 170/2022 Anupam Verma Vs. State of U.P. -9- expressway and water conservation by adopting at least 10 Hectare existing ponds with the depth of 3 meter to create additional storage of rain water in three blocks namely Ahirauala, Palhani and Sathiyaon of Azamgarh district which fall in the semi-critical category. He expressed his concurrence for execution of these works if concurred by Hon'ble NGT.
12.Recommendations: Considering the above-mentioned findings/observations, the following is submitted for kind consideration of Hon'ble NGT 12.1. Considering the data of the UP-Groundwater Department, the installation ofgroundwater recharge structures through recharge well is not required in the region of Purvaanchal Expressway as artificial recharge to ground water is mandatory when the groundwater level is more than 8.00 mbgl during post monsoon period as per state government norms, whereas the area along the Expressway observed less than 8.00 mbgl during post monsoon period.
12.2. The existing 176 recharge structures can be converted for storing the collection of rainwater to utilize it for horticulture/ green belt development to minimise the fresh groundwater extraction besides surplus rainwater should be diverted in the natural water bodies viz. Ponds, Lakes, etc. 12.3. The NHAI/UPEIDA can be asked to monitor the water level data of Pre & Post monsoon period of every year through the borewell/piezometer installed at the toll plazas.
12.4. NHAI/UPEIDA can be asked to adopt at least 10 Hectare natural pond/lake in each semi-critical category blocks namely Ahirauala, Palhani and Sathiyaon in Azamgarh district and ensure the recharging of groundwater through natural ponding and its annual maintenance before onset of monsoon.
12.5. NHAI/UPEIDA can be asked for intensive afforestation with consultation of forest department suitable varieties O. A. No. 170/2022 Anupam Verma Vs. State of U.P. -10- of plant trees in appropriate places on the highway, which can be helpful in enhancing ground water recharge.
12.6. Detailed Characterisation study of the surface runoff from the bitumen roads throughout the country can be conducted through the reputed organization having expertise in the relevant field."
4. Mr. Daleep Dhyani, Advocate has appeared on behalf of the UPPCB and Mr. Panshul Chandra, Advocate has appeared on behalf of UPEIDA.
5. Reply on behalf of UPEIDA has also been filed. Mr. Panshul Chandra learned Counsel for the UPEIDA seeks four weeks' time to file response to the observations made in the report of Joint Committee. Learned Counsel for the State PCB also seeks time to file its reply/ response.
6. Reply/response be filed by UPPCB and UPEIDA within four weeks at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
7. Notice alongwith copies of the application and report of the Joint Committee be issued to the State of Uttar Pradesh through its Chief Secretary, Government of Uttar Pradesh through E-mail requiring it to file the response/reply to the allegations made in the application and observations/recommendations made in the report of the Joint Committee within one month at [email protected] in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
8. List for further consideration on 11.10.2022.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 23, 2022 AG