National Green Tribunal
T. Rajamanickam S/O. Thirunavukarasu vs The District Environmental Engineer ... on 27 April, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item Nos. 04&05 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 191/2015(SZ)
(With report dated 17.03.2020 & 16.12.2021)
S.P. Muthuraman Tirunelveli Dist. Applicant
Versus
The Union of India And Ors. Respondent(s)
WITH
Original Application No. 178/2014(SZ)
T. Rajamanickam, Tirunelveli. Applicant
Versus
The District Environmental Engineer, Tamil Nadu
Pollution Control Board, Tirunelveli and Ors. Respondent(s)
Date of hearing: 27.04.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE PROF. A. SENTHIL VEL EXPERT MEMBER
Applicant: Mr. SP Muthu raman
Respondent: Mrs. Me. Saraswathy for R1.
Mr. D.S. Ekambaram for R2.
Dr. D. Shanmuganathan for R3, R6 & R7.
Mr. S. Sai Sathya Jith for R4, R5.
Mr. Abdul Saleem and Mr. S. Saravanan for R8.
Applicant: None.
Respondent: Mr. S. Sai Sathya Jith for R1.
Dr. D. Shanmuganathan for R2.
Mr. Abdul Saleem and Mr. S. Saravanan for R3.
1
ORDER
1. Grievance in this application is against pollution of river Tambraparani in Tirunelveli, Tamil Nadu particularly by discharge of sewage and other waste. According to the applicant, the river is flowing through the Districts of Tirunelveli and Thoothukudi and is the only perennial river in Tamil Nadu. It is a source of drinking water, apart from other uses. However, on account of discharge and dumping of waste, the river water is contaminated, adversely affecting the public health and environment, in violations of the provisions of the Water (Prevention and Control of Pollution) Act, 1974. The Municipal Corporation, Tirunelveli is disposing of its sewage into the river. The State PCB, the Collector and other State Authorities have failed to implement the law to prevent pollution of the river.
2. The matter first came up for hearing on 16.11.2015. The application was admitted and notice was issued to the Respondents, including Municipal Corporation, Tirunelveli, Collector, Tirunelveli and State PCB.
The said respondents have filed their replies. The Tribunal has considered the matter in the last more than seven years by various orders and also sought the status report from the statutory regulators which have been duly considered and remedial action directed. The Tribunal also referred to its orders in O.A. No. 673/2018, In re: News item published in "The Hindu" authored by Shri Jacob Koshy titled "More river stretches are now critically polluted: CPCB., whereby the issue was comprehensively addressed by requiring preparation and execution of action plans by the concerned River Rejuvenation Committees, which were directed to be constituted in all concerned States/UTs. The action plans have been approved by CPCB with all relevant action points. There are 2 comprehensive directions for further monitoring, covering the present rendering separate orders unnecessary. What is required is execution of orders already passed.
3. Since matter has already been considered by various orders, we may make brief reference to the status reports and some of the relevant affidavits filed by the concerned authorities. As per response filed by the Municipal Corporation, a sum of Rs. 52 Crores had been spent under the National River Conservation Project and has brought about 23,000 properties out of total 1.4 lakhs properties under the 'Under Ground Sewerage Scheme'. Still, the remaining 80% of sewage is mixing in the river. As per joint Committee report, in pursuance of order dated 17.01.2020, water samples were taken at seven permanent locations from the stretch from Korukkuthurai to Vannarapettai near bye-pass road bridge having a length of about 2.5 km and the water quality was found to be as follows:-
S. Parameters Unit Standards Value
No.
1 pH - 6.5 - 9.0 6.66
2 Total Suspended Solids mg/L < 100 64
3 BOD mg/L 30 21
4 Total Coliform MPN/100 - 49000
ml
5 Faecal Coliform MPN/100 < 1000 17000
ml
4. The report also mentions the action plans of the concerned Municipalities to prevent discharge of sewage. The conclusion is as follows:-
3"Conclusion:
it is submitted and concluded that the Tirunelveli City Municipal Corporation sewage reaching River Thamirabarani will be stopped after the completion of the UGSS scheme Phase-2 and phase-3 being carried out by Tirunelveli Municipal Corporation which is expected to be completed by 25.07.2021 and 22.01.2022 respectively. Hence forth the quality of the River Thamirabarani Water to the entire stretch in Tirunelveli district will be increased to Class-A Water standards (Drinking Water Source without Conventional Treatment but after Disinfection) and will be ensured for pollution free Thamirabarani."
5. The status report filed by the State PCB on 02.02.2021 shows that the discharge of sewage is continuing though there are various plans to take action in future. Latest status on record appears to be in the form of report filed on 16.12.2021 by the State PCB as follows:-
"3. It is respectfully submitted that the present status on the action plan furnished by the Local bodies for the control of sewage pollution to River Thamirabarani is as follows:
I. Tirunelveli Municipal Corporation:
a. Operation and maintenance of DEWATS provided as temporary measures for the treatment of raw sewage let into River Thamirabarani.
The Temporary DEWATS 10 numbers provided was inspected on 13/12/2021 and noticed that all the 10 DEWATS units operation were found disturbed due to recent flood/heavy rain prevailed in Tirunelveli District and has to be rectified. Samples could not be collected as the DEWATS were not functioning.
b. Permanent Measures:
UGSS-Phase-II is under progress and about 68.2% of work has been completed and the target date to complete the entire project is by 25.07.2022.
UGSS-Phase-III is under progress and about 23% of work has been completed and the target date to complete the entire project is by 31.12.2022.
The Tirunelveli Corporation is yet to provide temporary DEWATS to treat the sewage letout into River Thamirabarani at Meenakshipuram Railway Bridge. The Tirunelveli Corporation is yet to provide temporary DEWATS to treat the sewage letout into River 4 Thamirabarani from Ettuthogai Street & Thirukuripu Thondar Street.
c. Construction of Dhobikana:
The stage of construction of dhobikana with ETP at three locations is as follows:
i. Karuppanthurai (43.2 KLD): Foundation completed and Roof laid and further construction under progress.
ii. Vannarapettai Thiru kurippu thondar street (43.2 KLD): Plastering work under progress. ETP work yet to be started.
iii. Vannarapettai Ettuthogai street (28.8 KLD):
Plastering work under progress. ETP work yet to be started.
The Corporation has to apply for CTE with design details of the ETP proposed along with the NOC obtained from PWD as the location is on the River banks.
In this regard, directions were issued to the Tirunelveli Corporation vide Board's Proc dated 15/11/2021 for necessary compliance and also directions was issued to the Tirunelveli Corporation vide Board's Proc dated 15/11/2021 to remit a sum of Rs. 2873.55 Lakhs as Environmental Compensation as per the guideline issued by Hon'ble NGT (PB). The Tirunelveli Municipal Corporation is yet to furnish the action taken report on the Directions issued.
II. Municipalities:
i. Vickramasingapuram Municipality:
Permanent measures:
The Vickramasingapuram Municipality have prepared DPR during Novenber'2020 through TWICL for the control of sewage/sullage directly let into irrigation channels in which short term and long term action plans were suggested. In the short term action plan, Constructed wet land system (or) Decentralized STP at each outfall location (or) Construction of interceptor drain and STP at centralized location were suggested and UGSS and STP suggested as a long term measures. The Municipality is yet to furnish the suggested scheme approved as obtained from the Commissioner of Municipal administration, Chennai and work yet to be commenced.
However the sub Committee constituted vide G.O. (Rt) No.444 dated 04/09/2021, Environment, Climate Change and Forest Department in its report submitted to Hon'ble NGT (SZ) after inspection carried out at site on 06/09/2021 has suggested DEWATS treatment for implementation at all sewage outfall locations (12 Nos) for Vickramasingapuram Municipality and all the DEWATS to be completed by 30/06/2022.5
In this regard, Directions were issued to the Municipality vide Board's Proc dated 15/11/2021 for necessary compliance. However, the Municipality is yet to furnish the action taken on the directions issued by the Board.
It is respectfully submitted that the FSTP of capacity 30 KLD was inspected on 29/11/2021 and noticed that fecal sludge treatment was being carried out and the treated sewage is yet to reach the final treated sewage collection tank for monitoring the characteristics of the treated sewage.
II. Ambasamudram Municipality:
The Ambasamudram Municipality have prepared DPR during Novenber'2020 through TVVICL for the control of sewage/sullage directly let into irrigation channels in which short term and long term action plans were suggested. In the short term action plan, Constructed wet land system (or) Decentralized STP at each outfall location (or) Construction of interceptor drain and STP at centralized location were suggested and UGSS and STP suggested as a long term measures. The Municipality is yet to furnish the suggested scheme approved as obtained from the Commissioner of Municipal administration, Chennai and work yet to be commenced.
In this regard, Directions were issued to the Municipality vide Board's Proc dated 15/11/2021 for necessary compliance. However, the Municipality is yet to furnish the action taken on the directions issued by the Board.
III. Town Panchavats:
The following Town Panchayats namely Kallidaikurichi, Veeravanallur, Mukkudal, Cheranmahadevi, Pathamadai, Gopalasamudram,
Melaseval have prepared DPR through TWICL for the control of sewage/sullage directly let into irrigation channels in which short term and long term action plans were suggested. In the short term action plan, Constructed wet land system (or) Decentralized STP at each outfall location (or) Construction of interceptor drain and STP at centralized location were suggested and UGSS and STP suggested as a long term measures. The DPR prepared during March'2021 is yet to be approved by the Director of Town Panchayats, Chennai and work yet to be commenced. Naranammalpuram Town Panchayat is yet to prepare DPR.
It was also suggested that for the rest of the sewage ouffall drain, suitable land to be identified and to implement DEWATS.
The actual locations where the DEWATS treatment to be provided is yet to be furnished by the Town Panchayats.6
The sewage/sullage samples from the sewage drains carrying Town Panchayats area is yet to be collected and analysed for its characteristics.
In this regard, Directions were issued to the Town Panchayats vide Board's Proc dated 15/11/2021 for necessary compliance.
M/s. Sun Paper Mill Limited, North Arivanavakipuram, Cheranmadevi Taluk, Tirunelveli District This industry is a Pulp and Paper Mill unit. The unit earlier utilised wood as raw material with digester process to manufacture paper. Now the unit has stopped the digester activity and now utilizing only waste paper as raw material. The treated trade effluent from the unit is discharged on units land for irrigation. The unit does not discharge the treated trade effluent into the River Tamirabarani. This unit is not in continuous operation for the last two years. The unit was also operated without the valid consent of the Board.
The unit was inspected on 25/08/2021 and report dated 22/09/2021 was submitted to Board with a recommendation to consider the issue of directions for closure and disconnection of power supply of the unit under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 as amended and under Section 31-A of the Air (Prevention and Control of Pollution) Act, 1981 until the unit obtain valid consent of the Board. In this regard, Board has conducted a personal hearing with the unit on 12.11.2021 and the unit was instructed to take necessary action on the following:
i. Due to change the process, the unit has to revamp the Effluent Treatment Plant, based on the present quality of trade effluent generated, within a month time in consultation with the District Environmental Engineer, Tirunelveli, so that the treated effluent satisfies the standards prescribed by Board.
ii. Resubmit the consent applications pertaining to paper unit and Co-gen power plant unit to the Board through DEE, Tirunelveli along with relevant particulars within a month time.
iii. Remit the consent fee for the period 2021-22 & 2022-23 for the paper unit and Co-gen power plant unit so that consent shall be extended upto 31.03.2023.
iv. Furnish an undertaking letter to the Board within a week for compliance of the above.
During inspection of the unit on 13.12.2021, it was noticed that the unit was not in operation and also not operated since August 2021. The unit has provided a Hill Screen arrangement to recover pulp from the wastewater before let into ETP for treatment and disposal. The unit is yet to complete the revamp of 7 ETP. The unit has filed the application for fresh consent for its co- gen power plant on 09/12/2021 and has remitted consent fees of Rs.7,37,248/- vide Cr.No.122848 dated 09/12/2021. The application for consent is under process.
It is respectfully submitted that the consolidated statement of the ROA of the Thamirabarani River samples collected at 9 locations for the period from April'21 to Nov'21 is enclosed. The quality of River Thamirabarani generally satisfies Class-B (Outdoor Bathing) standards in respect of parameter BOD and Total Coliform and Class -A (Drinking Water source without Conventional Treatment but after Disinfection) standards for rest of other parameters as analysed."
6. It is not necessary to refer to other reports which are by and large repetition of the above.
7. We have heard learned Counsel for the parties for passing a final order in the matter.
8. It can be concluded that overall progress in restoration of water quality of river Tambraparani which fall in Priority II having BOD between 20 - 30 mg/l and very high fecal coliform is far from satisfaction. The efforts are showing dismal picture inspite of directions of the Tribunal in the orders cited above. Status indicated dysfunction of DEWATS, ETPs yet to be commissioned, UGSS are further stretched for completion by 31.12.2022. There is no mention on STPs commissioning and connectivity with UGSS as well as treatment in FSTP.
9. It remains undisputed that contrary to the mandate of the Water Act, 1974, enacted 48 years back and judgments of the Hon'ble Supreme Court inter-alia in Paryavaran Suraksha Samiti Vs. Union of India1, Constitutional obligation of the State and its authorities to prevent discharge of untreated sewage and other effluents in the rivers are not being followed in an entirety. Taking cognizance of unsatisfactory state of 1 (2017) 5 SCC 326 8 affairs reflected in 351 rivers stretches being polluted as per online data available with CPCB, the Tribunal passed various orders in O.A. No. 673/2018. The orders include constitution of River Rejuvenation Committees in all the States/UTs, preparation and execution of action plans to prevent pollution and take action for the violations in the form of closing the source of pollution, recovering compensation for the violations on 'Polluter Pays' principle and initiating prosecution. The Tribunal primarily being an adjudicatory body cannot continue to monitor compliance for indefinite period of time as mandate of the Tribunal is to endeavour to conclude its proceedings within six months. Present matter has been pending for almost seven years. Inspite of several orders passed, the satisfactory state of affairs has not been arrived at.
10. In these circumstances, after recording our dissatisfaction with the functioning of the statutory authorities, failing to comply with the mandate of law to the detriment of public health and environment, we direct further monitoring to be conducted by the Chief Secretary, Tamil Nadu consistent with the orders already passed by this Tribunal on 22.02.2021 in O.A. No. 673/2018 with O.A. No. 593/2017, Paryavaran Suraksha Samiti & Anr. v.
Union of India & Ors. Some of the observations in the said order are:-
"2. The second matter relates to remedial action for rejuvenation of 351 identified polluted river stretches in the country, for which major step is preventing discharge of industrial and domestic waste in rivers or drains connected thereto. On this aspect both the matter overlap. Other steps include preventing dumping of solid waste, plastic, hazardous, bio-medical and electronic wastes, regulation of flood plain zones, by keeping catchment areas free from encroachments, maintaining environment flow by adopting appropriate water conservation practices and other steps, controlling extraction of ground water, afforestation etc. The Tribunal required setting of River Rejuvenation Committees (RRCs) in all States for the purpose. They were to prepare and execute action plans, with budgets and timelines to give effect to the mandate of law. The Chief Secretaries of all States/UTs are to monitor compliance at State level and the Central Monitoring Committee (CMC) headed by the Secretary Jal Shakti, GoI, 9 with CPCB and NMCG is to monitor compliance at national level. The situation continues to be grim, as has been repeatedly observed by this Tribunal. The polluted river stretches include Ganga and Yamuna, which have been dealt with by separate orders, apart from some other rivers which have been dealt with by separate orders individually, to which reference will be made. This is affecting aquatic life, safety of food chain on account of contamination of water and resulting in drinking water crisis in the country. There are also large number of deaths and diseases due to water contamination. Further monitoring is proposed to be by the authorities themselves in terms of directions at the end of the order.
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9...... The matter has been earlier dealt with mainly by orders dated 20.9.2018, 19.12.2018, 8.4.2019, 28.8.2019, 6.12.2019, 29.6.2020 and lastly on 21.9.2020. We may first refer to order dated 6.12.2019 which also makes reference to earlier orders:
"3. Present proceedings were initiated based on a news item dated 17.09.2018 in 'The Hindu" under the heading "More river stretches are now critically polluted: CPCB"2. According to the news item, 351 polluted river stretches have been identified by the Central Pollution Control Board (CPCB). 117 such stretches are in the States of Assam, Gujarat, and Maharashtra. The CPCB has apprised the concerned States of the extent of pollution in the rivers. Most polluted stretches are from Powai to Dharavi - with Biochemical Oxygen Demand (BOD) 250 mg/L; the Godavari - from Someshwar to Rahed - with BOD of 5.0-80 mg/L; the Sabarmati - Kheroj to Vautha - with BOD from 4.0-147 mg/L; and the Hindon - Saharanpur to Ghaziabad - with a BOD of 48-120 mg/L. The CPCB has a programme to monitor the quality of rivers by measuring BOD. BOD greater than or equal to 30mg/L is termed as 'Priority-I', while that between 3.1-6 mg/L is 'Priority-V'. The CPCB considers BOD less than 3mg/L an indicator of a healthy river. In its 2015 Report3, the CPCB had identified 302 polluted stretches on 275 rivers, spanning 28 States and six Union Territories. The number of such stretches had now increased to 351 in 2018.
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6. The Hon'ble Supreme Court noticed the level of degradation of rivers in India and apathy of the authorities as follows:
"58. Rivers in India are drying up, groundwater is being rapidly depleted, and canals are polluted. Yamuna in Delhi looks like a black drain. Several perennial rivers like Ganga and Brahmaputra are rapidly becoming seasonal. Rivers are dying or declining, and aquifers are getting over pumped. Industries, hotels, etc. are pumping 2https://www.thehindu.com/news/national/more-river-stretches-critically-polluted cpcb/article24962440.ece 3http://cpcb.nic.in/cpcbold/RESTORATION-OF-POLLUTED-RIVER-STRETCHES.pdf 10 out groundwater at an alarming rate, causing sharp decline in the groundwater levels. Farmers are having a hard time finding groundwater for their crops e.g. in Punjab. In many places there are serpentine queues of exhausted housewives waiting for hours to fill their buckets of water. In this connection John Briscoe has authored a detailed World Bank Report, in which he has mentioned that despite this alarming situation there is widespread complacency on the part of the authorities in India.4 "4. We see Yamuna river virtually turned into a sullage. We take judicial notice of this situation. Similar is the position with Ganges. As it proceeds, industrial effluents are being poured in rivers. Sewage is also being directly put in rivers contributing to the river water pollution. We direct the Pollution Control Boards of the various States as well as the Central Pollution Control Board and various Governments to place before us the data and material with respect to various rivers in the concerned States, and what steps they are taking to curb the pollution in such rivers and to management as to industrial effluents, sewage, garbage, waste and air pollution, including the water management. We club the ending case of water management with this matter.5 xxx ...........................xxx..........................................xxx
11. In spite of above, in flagrant violation of law of the land, polluted water in the form of sewage, industrial effluents or otherwise has continued to be discharged in the water bodies including the rivers or the canals meeting the rivers. Violation of law is not only by private citizens but also statutory bodies including the local bodies and also failure of the regulatory authorities in taking adequate steps. There is no corresponding coercive action posing danger to rule of law when large scale violation of law is not being remedied. This leads to lawlessness.
12. It will be appropriate to note the crisis situation in the country on the subject of availability of potable water. The matter has been considered in the report of Niti Aayog on Composite Water Management Index (CWMI).6 Following further information also needs to be noted:
(i) India is suffering from the worst water crisis in its history and millions of lives and livelihoods are under threat. Currently, 600 million Indians face high to extreme water stress and about two lakh people die every year due to inadequate access to safe water7. The crisis is only going to get worse. By 2030, the country's water demand is projected to be twice the available supply, implying severe water scarcity for 4 State of Orissa v. Govt. of India, (2009) 5 SCC 492 5 M.C. Mehta Vs Union of India- W.P. (Civil) No. 13029/1985 dated 25.11.2019 6 Niti Ayog on "Composite Water Management Index", June 2018, https://niti.gov.in/writereaddata/files/document_publication/2018-05-18-Water-Index-
Report_vS8-compressed.pdf.
7Source: WRI Aqueduct; WHO Global Health Observatory 11 hundreds of millions of people and an eventual ~6% loss in the country's GDP8. As per the report of National Commission for Integrated Water Resource Development of MoWR, the water requirement by2050 in high use scenario is likely to be a milder 1,180 BCM, whereas the present-day availability is 695BCM. The total availability of water possible in country is still lower than this projected demand, at 1,137BCM. Thus, there is an imminent need to deepen our understanding of our water resources and usage and put in place interventions that make our water use efficient and sustainable.
(ii) India is undergoing the worst water crisis in its history. Already, more than 600 million people9 are facing acute water shortages. Critical groundwater resources - which account for 40% of our water supply - are being depleted at unsustainable rates.10
(iii) Most states have achieved less than 50% of the total score in the augmentation of groundwater resources, highlighting the growing national crisis--54% of India's groundwater wells are declining, and 21 major cities are expected to run out of groundwater as soon as 2020, affecting ~100 million people11.
(iv) With nearly 70% of water being contaminated, India is placed at 120th amongst 122 countries in the water quality index.
13. As per statistics mentioned before the Lok Sabha on April 6, 2018, waterborne diseases such as cholera, acute diarrhoeal diseases, typhoid and viral hepatitis continue to be prevalent in India and have caused 10,738 deaths, over the last five years since 2017. Of this, acute diarrhoeal diseases caused maximum deaths followed by viral hepatitis, typhoid and cholera.12
14. As per 'National Health Profile' published by Central Bureau of Health Investigation, Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, a total of 1535 Deaths due to Acute Diarrhoeal Diseases was reported during the year 2013.13 Main Causes of Pollution of Rivers
15. As already noted, well known causes of pollution of rivers are dumping of untreated sewage and industrial waste, garbage, plastic waste, e-waste, bio-medical waste, municipal solid waste, diversion of river waters for various purposes affecting e-flow, encroachment of catchment areas and 8Source: McKinsey & WRG, 'Charting our water future', 2009; World Bank; Times of India 9 Source: World Resource Institute 10 Source: World Resource Institute 11 Source: UN Water, 'Managing water under uncertainty and risk', 2010; World Bank (Hindustan Times, The Hindu).
12https://www.indiaspend.com/diarrhoea-took-more-lives-than-any-other-water-borne- disease-in-india-58143/ 13 http://pib.nic.in/newsite/PrintRelease.aspx?relid=106612 12 floodplains, over drawl of groundwater, river bank erosion on account of illegal sand mining. Inspite of directions to install Effluent Treatment Plants (ETPs), Common Effluent Treatment Plants (CETPs), Sewage Treatment Plants (STPs), and adopting other anti- pollution measures, satisfactory situation has not been achieved. As per CPCB's report 201614, it has been estimated that 61,948 million liters per day (mld) sewage is generated from the urban areas of which treatment capacity of 23,277 mld is currently existent in India. Thereby the deficit in capacity of waste treatment is of 62%. There is no data available with regard to generation of sewage in the rural areas.
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18. Procedures for remedial action have to be shortened so that there is no delay to check pollution wherever found. The Tribunal vide Order dated 18.10.2019 in Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues- O.A. No. 606/2018 while dealing with the issue of procedures of DPRs and tendering process, observed:
"8. Expeditious compliance of directions for clearance of legacy waste sites as well as stopping of discharge of untreated sewage and directions on associated subjects require immediate implementation for protection of environment and public health by curtailing undue delay. As suggested, necessary technologies need to be standardized with cost breakups for operation and maintenance, including procurement. Besides this, the service providers need to be identified and empaneled. This exercise may also require the concerned authorities to explore business models."
The Tribunal has constituted a Committee headed by Niti Ayog on the subject to give a report within two months.
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21. In view of above, this Tribunal found it necessary to take up the matter and direct preparation and execution of river action plans to control pollution and restore water quality of the river as per norms within reasonable time. Accordingly, vide order dated 20.09.2018 proceedings were initiated as already mentioned para 3 above. It may be noted that there have been successful river cleaning programmes in other countries such as relating to river Thames (England), Rhine (Germany) and Danube (France). There being no reason as to why our polluted river stretches also cannot be restored, the Tribunal issued following directions:
" i) All States and Union Territories are directed to prepare action plans within two months for bringing all the polluted river stretches to be fit at least for bathing purposes (i.e BOD ˂ 3 mg/L and FC ˂ 500 14 http://www.sulabhenvis.nic.in/Database/STST_wastewater_2090.aspx July 16, updated on December 6, 2016 13 MPN/100 ml) within six months from the date of finalisation of the action plans.
ii) The action plans may be prepared by four-
member Committee comprising, Director,
Environment, Director, Urban
Development., Director, Industries.,
Member Secretary, State Pollution Control Board of concerned State. This Committee will also be the Monitoring Committee for execution of the action plan. The Committee may be called ''River Rejuvenation Committee'' (RRC). The RRC will function under the overall supervision and coordination of Principal Secretary, Environment of the concerned State/Union Territory.
iii) The action plan will include components like identification of polluting sources including functioning/ status of STPs/ETPs/CETP and solid waste management and processing facilities, quantification and characterisation of solid waste, trade and sewage generated in the catchment area of polluted river stretch. The action plan will address issues relating to; ground water extraction, adopting good irrigation practices, protection and management of Flood Plain Zones (FPZ), rain water harvesting, ground water charging, maintaining minimum environmental flow of river and plantation on both sides of the river. Setting up of biodiversity parks on flood plains by removing encroachment shall also be considered as an important component for river rejuvenation. The action plan should focus on proper interception and diversion of sewage carrying drains to the Sewage Treatment Plant (STP) and emphasis should be on utilization of treated sewage so as to minimize extraction of ground or surface water. The action plan should have speedy, definite or specific timelines for execution of steps. Provision may be made to pool the resources, utilizing funds from State budgets, local bodies, State Pollution Control Board/ Committee and out of Central Schemes.
iv) The Action Plans may be subjected to a
random scrutiny by a task team of the
CPCB.
v) The Chief Secretaries of the State and
Administrators/ Advisors to
Administrators of the Union Territories
14
will be personally accountable for failure to formulate action plan, as directed.
vi) All States and Union Territories are required to send a copy of Action Plan to CPCB especially w.r.t Priority I & Priority II stretches for approval.
vii) The States and the Union Territories concern are directed to set up Special Environment Surveillance Task Force, comprising nominees of District Magistrate, Superintendent of Police, Regional Officer of State Pollution Control Board and one person to be nominated by District Judge in his capacity as Chairman of Legal Services Authority on the pattern of direction of this Tribunal dated 07.08.2018, in Original Application No. 138/2016 (TNHRC), "Stench Grips Mansa's Sacred Ghaggar River (Suo-Motu Case).
ix) The Task Force will also ensure that no illegal mining takes place in river beds of such polluted stretches.
x) The RRC will have a website inviting public participation from educational institutions, religious institutions and commercial establishments. Achievement and failure may also be published on such website. The Committee may consider suitably rewarding those contributing significantly to the success of the project."
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23. Table showing location and categories have been reproduced in the said order and reference to the same will also be made in the later part of this order. The action plans were directed to cover the following:-
A) Source Control Source control includes industrial pollution control and treatment and disposal of domestic sewage as detailed below:-
(a) Industrial pollution control
(i) Inventorisation of industries
(ii) Categories of industry and effluent quality
(iii) Treatment of effluents, compliance with standards and mode of disposal of effluents
(iv) Regulatory regime.
(b) Channelization, treatment, utilization and disposal of treated domestic sewage.
(i) Identification of towns in the catchment of river and estimation of quantity of sewage generated and existing sewage treatment capacities to arrive at the gap between the sewage generation and treatment capacities;
(ii) Storm water drains now carrying sewage and sullage joining river and interception and diversion of sewage to STPs, 15
(iii) Treatment and disposal of septage and controlling open defecation,
(iv) Identification of towns for installing sewerage system and sewage treatment plants.
(B) River catchment/Basin Management-Controlled ground water extraction and periodic quality assessment
(i) Periodic assessment of groundwater resources and regulation of ground water extraction by industries particularly in over exploited and critical zones/blocks.
(ii) Ground water re-charging /rain water harvesting
(iii) Periodic ground water quality assessment and remedial actions in case of contaminated groundwater tube wells/bore wells or hand pumps.
(iv) Assessment of the need for regulating use of ground water for irrigation purposes.
(C) Flood Plain Zone.
(i) Regulating activities in flood plain zone.
(ii) Management of Municipal, Plastic, Hazardous, Bio-medical and Electrical and Electronic wastes.
(iii) Greenery development- Plantation plan. (D) Ecological/Environmental Flow (E-Flow)
(a) Issues relating to E-Flow
(b) Irrigation practices (E) Such other issues which may be found relevant for restoring water quality to the prescribed standards.
Order dated 19.12.2018 reviewing the progress of execution of order dated 20.09.2018:
24. On review of the matter on 19.12.2018 to consider status of compliance of order dated 20.09.2018, we found that 16 States/UTs had prepared action plans, but the same were are not complete. Base line data was not been given. Preparation of action plans was assigned to third parties. Details of STPs etc. were not given. Timelines given were too long. Status of e-flow was not been given. Action plans were not proposed to be placed on websites to involve educational and other institutions and the public at large. The said States/ UTs were directed to give revised reports on or before 31.01.2019 to CPCB after complying with the deficiencies. The CPCB was to examine the action plans and, if they met the scientific and technical yardstick, to approve the same and convey it to the respective States/UTs. The States/ UTs, after approval were to place/host these action plans on the respective websites giving clear timelines for execution indicating the agencies responsible for execution along with the matching budgetary provisions. By way of last opportunity, we extended the time for preparation of action plans till 31.01.2019 with the stipulation that for delay thereafter, compensation for damage to the environment would be payable by each of the States/ UTs at the rate of Rs. One Crore per month for each of the Priority- I and Priority- II stretches, Rs. 50 lacs per month for stretches in Priority- III and Rs. 25 lacs per month each for Priority- IV and Priority- V stretches. The payment was to be the responsibility of the Chief Secretaries of the States/Administrators of the UTs and 16 the amount could be recovered from the erring officers. The CPCB was to prominently place the names of the defaulting States and UTs and a notice to this effect on its website.
25. The SPCBs and Pollution Control Committees of UTs were to display the quality of the water of polluted river stretches on their respective websites within one month alongwith action taken, if any, which was to be revised every three months. The CPCB was also to display the water quality of the river stretches and action/inaction by such States on its websites. It was made clear that BOD will not be the sole criteria to determine whether a particular river stretch is a polluted river stretch but would also include Faecal Coliform (FC) bacteria as one of the criteria for such classification or otherwise. CPCB was to devise within two weeks a mechanism for classification wherein two criteria pollutants, that is BOD and FC, shall henceforth be basis of classification in Priority Classes besides pH, D.O. and COD. Further direction in the order dated 19.12.2018 was that any incomplete action plan would be treated as non- compliance. It was made necessary to furnish Performance Guarantees to ensure implementation of action plans within the above stipulated time to the satisfaction of Central Pollution Control Board in the sum of:
(i) Rs. 15 crore for each of Priority I & II stretches
(ii) Rs. 10 crore for each of Priority III stretches
(iii) Rs. 5 crore for each of Priority IV & V stretches.
Order dated 16.01.2019 in O.A. No. 606/2018 requiring Chief Secretaries of all the States/UTs to appear before this Tribunal after fully acquainting themselves on the subject of Polluted River Stretches, apart from other significant environmental issues and subsequent directions:
26. While noticing large scale violation of environmental norms particularly with regard to waste and sewage management in the country, this Tribunal directed the Chief Secretaries of all the States/UTs to appear before this Tribunal in person after acquainting themselves with the status of compliance of environmental laws on such issues and action plans for remedying the situation. Accordingly, all the Chief Secretaries appeared on various dates and this Tribunal directed further remedial action including with regard to the restoration of polluted river stretches in terms of the action plans of the States/UTs within six months. The said period of six months is complete in respect of most of the States and Chief Secretaries are required to be present on the dates already fixed. Thus, all the States/UTs have had sufficient notice of their respective failures to comply with the statutory obligations and any further failure has to be viewed seriously and visited with requirement to pay compensation already stipulated.
Order dated 08.04.2019 extending time for execution of action plans till 31.03.2021 and requiring Central Monitoring 17 Committee (CMC) to prepare a National Plan for Rejuvenation of Polluted River Stretches as per prescribed timeline:
27. The matter was thereafter taken up on 08.04.2019 in light of consolidated and updated report filed by the CPCB on 05.04.2019 to the effect that 28 States and 3 Union Territories had constituted River Rejuvenation Committees (RRCs). The CPCB constituted a 'Task Team' for scrutiny of the action plans under the Chairmanship of Member Secretary, CPCB. CPCB received 41 out of 45 action plans with reference to P-I, 14 out of 16 action plans with reference to P-II and total 182 action plans were received with reference to P-III to P-V polluted river stretches. 6 out of 61 action plans in respect of P-I and P-II were not received from the States of Assam (P-I: 3 viz., Bharalu, Borsola, Silsako) and P-II:1 (Sorusola)), Manipur (P-II: 1 viz., Nambu) and Uttar Pradesh (P-I: viz., river Hindon). It was submitted that the action plan in respect of River Hindon was required to be implemented by the Government of Uttar Pradesh in compliance of the NGT Orders in Original Application No. 231/2014 & Original Application No.66/2015.
28. The Tribunal further observed:-
"
34. As already noted, pollution of 351 river stretches has caused serious threat to safety of water and environment. On account of use of polluted water in irrigation, there is threat to food safety. On account of consumption of polluted water in absence of any other source of drinking water being available and partly on account of ignorance of the persons consuming such water, health of human being is threatened, apart from the aquatic flora and fauna, animals wild and domestic who may consume such water. It is therefore, necessary to have regular hygienic survey of the rivers particularly with reference to pathogenic organisms having impact on human health directly or indirectly. It is also important to note that biological health of the rivers is an important aspect. Much of the important biodiversity is lost on account of severe pollution in the rivers. There has to be a regular study of the Indian rivers with regard to biological heath and its diversity. We understand that bio-mapping of rivers and setting biological goals/criteria is part of River Rejuvenation Programmes in some countries. There is threat to the environmental rule of law of the country.
35. These are substantial questions relating to the environment. For enforcing legal right to clean environment, which is also a fundamental right, this Tribunal has to pass appropriate orders for relief to the victims of pollution and for restoration of the environment even in absence of an identified victim. All the States and UTs have been duly put to notice of the present case.
36. In this endeavor, this Tribunal directed constitution of RRCs by the concerned States/UTs by including Departments of Environment, Urban Development, Industries and the Pollution 18 Control Boards/Pollution Control Committees and further directions to the Chief Secretaries of the States/UTs to monitor the progress. At the national level, CPCB has been required to assist the Tribunal by way of compiling the data and furnishing its views. A copy of order dated 29.09.2018 was directed to be forwarded to the Niti Ayog, Ministry of Water Resources, Ministry of Environment, Forest & Climate Change, Ministry of Housing and Urban Affairs, National Mission for Clean Ganga, apart from other authorities as the said authorities were represented in a chamber meeting before this Tribunal to consider the problem of pollution of rivers.
41. We accept the proposal of CPCB to revise the scale of performance guarantee with regard to timeline. We also accept the suggestions of CPCB to extend the timeline for execution of action plans to the extent that upper limit for execution of the action plans will be two years from 01.04.2019 and the monitoring of the action plans may be done not only at the level of the Chief Secretaries of the States/UTs but also by the CPCB.
42. We direct that CPCB with SPCBs and PCCs to launch nationwide programme on biodiversity monitoring and indexing of the rivers to assess the efficacy of river cleaning programme. Further, for safety of human health and maintaining sanctity of the rivers, regular hygienic surveys of the rivers should be carried out with reference to fecal coliform and fecal streptococci, as indicated in the primary water quality criteria for bathing waters. Nodal agency will be CPCB.
43. Having given due consideration to the serious issue and inadequacy of success achieved so far, we find it necessary to constitute a Central Monitoring Committee to undertake a national initiative by way of preparation and enforcement of a national plan to make river stretches pollution free comprising a senior representative of NITI Aayog, Secretaries Ministry of Water Resources, Ministry of Urban Development, Ministry of Environment, Forest and Climate Change, Director General, National Mission for Clean Ganga and Chairman CPCB. Chairman CPCB will be the nodal authority for coordination. Senior most among them will preside over the deliberations.
44. The Central Monitoring Committee will also co-ordinate with the RRCs of the States and oversee the execution of the action plans, taking into account the timelines, budgetary mechanism and other factors. Chief Secretaries of States will be the nodal agency at State level. The Chief Secretaries of the States may undertake review of progress of RRCs by involving concerned Secretaries of Department of Urban Development, Environment, Industries, Irrigation and Public Health, Health etc.
45. We also direct the MoEF& CC to consider a policy for giving environmental awards to outstanding persons 19 (natural and juristic) and Institutions/States and introducing dis-incentives for non compliant states. Such scheme may be framed preferably before 30.06.2019.
xxx ...........................xxx..........................................xxx
33. We may note the observations of the Hon'ble Supreme Court:
"26. Enactment of a law, but tolerating its infringement, is worse than not enacting a law at all. The continued infringement of law, over a period of time, is made possible by adoption of such means which are best known to the violators of law. Continued tolerance of such violations of law not only renders legal provisions nugatory but such tolerance by the enforcement authorities encourages lawlessness and adoption of means which cannot, or ought not to, be tolerated in any civilized society. Law should not only be meant for the law-abiding but is meant to be obeyed by all for whom it has been enacted. A law is usually enacted because the legislature feels that it is necessary. It is with a view to protect and preserve the environment and save it for the future generations and to ensure good quality of life that Parliament enacted the anti-pollution laws, namely, the Water Act, Air Act and the Environment (Protection) Act, 1986. These Acts and Rules framed and notification issued thereunder contain provisions which prohibit and/or regulate certain activities with a view to protect and preserve the environment. When a law is enacted containing some provisions which prohibit certain types of activities, then, it is of utmost importance that such legal provisions are effectively enforced. If a law is enacted but is not being voluntarily obeyed, then, it has to be enforced. Otherwise, infringement of law, which is actively or passively condoned for personal gain, will be encouraged which will in turn lead to a lawless society. Violation of anti-pollution laws not only adversely affects the existing quality of life but the non-enforcement of the legal provisions often results in ecological imbalance and degradation of environment, the adverse effect of which will have to be borne by the future generations.15 "45....... The Government could not pass such orders of exemption having dangerous potential, unmindful of the fate of lakhs of citizens of the twin cities to whom drinking water is supplied from these lakes. Such an order of exemption carelessly passed, ignoring the "precautionary principle", could be catastrophic."16 "61. ..... If the laws are not enforced and the orders of the courts to enforce and implement the laws are ignored, the result can only be total lawlessness. It is, therefore, necessary to also identify and take 15 INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION Vs. UNION OF INDIA AND OTHERS (1996) 5 SCC 281 16 A.P. Pollution Control Board II v. Prof. M.V. Nayudu, (2001) 2 SCC 62 20 appropriate action against officers responsible for this state of affairs. Such blatant misuse of properties at large-scale cannot take place without connivance of the officers concerned. It is also a source of corruption. Therefore, action is also necessary to check corruption, nepotism and total apathy towards the rights of the citizens."17 "15. .... Time has come to require the State Governments to explain why they should not be asked to compensate the persons who are being affected by bad air quality. Obviously, the State is run by the administration, why liability should not be imposed for such a tort on the concerned machinery also of the various States which are failing to discharge their basic duties. This Court in Municipal Council, Ratlam Vs. Vardhichand & Ors., reported in (1980) 4 SCC 162 has held they have to take proper and positive action in this direction. It is their bounden duty to provide civic amenities, and also to see that self-created bankruptcy does not come in the discharge of the statutory obligation which are necessary for existence of human life. We have seen during the course of the arguments that one State is passing the burden upon the Centre and then it is stated on behalf of the Central Government that they have framed scheme and it for the State Governments to implement it. We expect not only the 'policy making' but also its 'implementation'. Let the States of Punjab, Haryana, Uttar Pradesh and the Government of NCT of Delhi respond, due to the air pollution, why the concerned Government and its concerned machinery, from top to bottom, should not be asked to compensate the citizens of Delhi and adjoining areas for various diseases which are being caused and sufferings and troubles which are being faced and the report indicates the life span is being shortened. Let show cause notice be issued to the various State Governments, and to the Chief Secretaries, to submit reply within six weeks. Let the matter be listed for consideration on 17.01.2020. The Chief Secretaries to the States of Punjab, Haryana, Uttar Pradesh and Government of NCT of Delhi be personally present on that date."18 xxx ...........................xxx..........................................xxx
35. Vide order dated 22.08.2019 in Original Application 200/2014, dealing with the pollution of river Ganga, the Tribunal issued directions and laid down coercive measures to be taken for discharge of untreated sewage in river Ganga:-
"16.......As already observed by this Tribunal including in the order dated 14.05.2019 that River Ganga being National River with distinct significance for the country, even a drop of pollution therein is a matter of concern. All the authorities have to be stringent and depict zero tolerance to the 17 M.C. Mehta v. Union of India, (2006) 3 SCC 399 - Public functionaries 18 M.C. Mehta Vs Union of India- W.P. (Civil) No. 13029/1985 dated 25.11.2019 21 pollution of River Ganga. Wherever STPs are not operating, immediate bioremediation and/or phyto- remediation may be undertaken if feasible. To avoid procedural delay of tender processes, etc. specifications and norms for undertaking such activities may be specified in consultation with the CPCB as was earlier directed in our order dated 29.11.2018. Performance guarantees may be required to be furnished for ensuring timely performance. It needs to be ensured that setting up of STPs and sewerage network to be completed and carried out so as to avoid any idle capacities being created. Performance guarantees may be taken for preventing such defaults.
17. Wherever the work has not commenced, it is necessary that no untreated sewage is discharged into the River Ganga. Bioremediation and/or phytoremediation or any other remediation measures may start as an interim measure positively from 01.11.2019, failing which the State may be liable to pay compensation of Rs. 5 Lakhs per month per drain to be deposited with the CPCB. This however, is not to be taken as an excuse to delay the installation of STPs. For delay of the work, the Chief Secretary must identify the officers responsible and assign specific responsibilities. Wherever there are violations, adverse entries in the ACRs must be made in respect of such identified officers. For delay in setting up of STPs and sewerage network beyond prescribed timelines, State may be liable to pay Rs. 10 Lakhs per month per STP and its network. It will be open to the State to recover the said amount from the erring officers/contractors.
18. With regard to works under construction, after 01.07.2020, direction for payment of environmental compensation of Rs. 10 lakhs per month to CPCB for discharging untreated sewage in any drain connected to river Ganga or its tributaries and Rs. 10 lakhs per month to CPCB per incomplete STP and its sewerage network will apply. Further with regard to the sectors where STP and sewerage network works have not yet started, the State has to pay an Environmental Compensation of Rs. 10 lakhs per month after 31.12.2020. The NMCG will also be equally liable for its failure to the extent of 50% of the amount to be paid. Till such compliance, bioremediation or any other appropriate interim measure may start from 01.11.2019."
xxx...........................................xxx.............................................xxx
46. The report of CPCB shows the status of compliance. As already noted, the action plans have been prepared with respect to 351 river stretches by the concerned States/UTs with regard to category P-I & P-II (the most polluted river stretches), the action plans have been duly recommended by CPCB with certain changes. The said action plans are reported to be complete with respect to necessary components for river rejuvenation 22 including identification of drains, their interception, setting up of STPs, utilization of treated water, identification of flood plain zones, maintaining e-flow, etc. Let the same be executed by 31.03.2021 as already directed. No case is made out to extend the laid down timeline unconditionally. As noted earlier, situation of water pollution is grim in the country and there has been deterioration inspite of the Water Act which was enacted way back in 1974 which was intended to bring about any improvement. This Tribunal has repeatedly put all authorities to notice in the light of earlier orders of the Hon'ble Supreme Court on the subject. Directions were also issued for budgetary support as part of the action plans which has been done in indicative terms. There can be no plea of lack of funds on issue threatening the existence of human beings. We have thus no option except to be strict about the timelines already laid down. We are also of the view that adherence to the timelines must be monitored by the Chief Secretaries of all the States/UTs and should also be monitored at National level by the Secretary, Ministry of Jal Shakti with the assistance of NMCG and CPCB. For this purpose, a meeting at central level must be held with the Chief Secretaries of all the States/UTs atleast once in a month (option of video conferencing facility is open) to take stock of the progress and to plan further action. NMCG will be the nodal agency for compliance and may give its quarterly report to this Tribunal commencing from 01.04.2020. The Chief Secretaries may set up appropriate monitoring mechanism at State level specifying accountability of nodal authorities not below the secretary level and ensuring appropriate adverse entries in the ACRs. Monitoring at State level must take place on fortnightly basis and record of progress maintained. The Chief Secretaries may have an accountable person attached in his office for this purpose. Monthly progress report may be furnished to Secretary, Ministry of Jal Shakti with a copy to CPCB. Steps for in situ remediation as an interim measure may be ensured as directed above as per laid down timeline. Any default must be visited with serious consequences at every level, including initiation of prosecution, disciplinary action and entries in ACRs of the erring officers. As already mentioned, procedures for DPRs/tender process needs to be shortened and if found viable business model developed at central/state level. Wherever work is awarded to any contractor, performance guarantee must be taken in above terms.
CPCB may after scrutiny finalize the action plans relating to P- III and P-IV also as has been done for P-I and P-II on or before 31.03.2020. This will not be a ground to delay the execution of the action plans prepared by the States which may start forthwith, if not already started.
11. In the last order dated 21.9.2020, it was observed and directed as follows:-
"23
I.Original Application No. 673/2018 Review of proceedings before the Tribunal
12. As noted earlier, the issue for consideration in this matter is rejuvenation of 351 polluted river stretches causing threat to public health and the environment. The Tribunal has considered the matter on several occasions suo motu as well as on directions of the Hon'ble Supreme Court with regard to certain polluted river stretches, including Ganga and Yamuna. It is not necessary to refer to all such orders. We may only refer to the directions issued on 06.12.2019 and 29.06.2020 which are as follows.
13. Directions in order dated 06.12.2019:
"XII. Directions:
47. We now sum up our directions as follows:
i. 100% treatment of sewage may be ensured as directed by this Tribunal vide order dated 28.08.2019 in O.A. No. 593/2017 by 31.03.2020 atleast to the extent of in-situ remediation and before the said date, commencement of setting up of STPs and the work of connecting all the drains and other sources of generation of sewage to the STPs must be ensured. If this is not done, the local bodies and the concerned departments of the States/UTs will be liable to pay compensation as already directed vide order dated 22.08.2019 in the case of river Ganga i.e. Rs. 5 lakhs per month per drain, for default in in-situ remediation and Rs. 5 lakhs per STP for default in commencement of setting up of the STP.
ii. Timeline for completing all steps of action plans including completion of setting up STPs and their commissioning till 31.03.2021 in terms of order dated 08.04.2019 in the present case will remain as already directed. In default, compensation will be liable to be paid at the scale laid down in the order of this Tribunal dated 22.08.2019 in the case of river Ganga i.e. Rs. 10 lakhs per month per STP.
iii. We further direct that an institutional mechanism be evolved for ensuring compliance of above directions. For this purpose, monitoring may be done by the Chief Secretaries of all the States/UTs at State level and at National level by the Secretary, Ministry of Jal Shakti with the assistance of NMCG and CPCB.
iv. For above purpose, a meeting at central level must be held with the Chief Secretaries of all the States/UTs atleast once in a month (option of video conferencing facility is open) to take stock of the progress and to plan further action. NMCG will be the nodal agency for 24 compliance who may take assistance of CPCB and may give its quarterly report to this Tribunal commencing 01.04.2020.
v. The Chief Secretaries may set up appropriate monitoring mechanism at State level specifying accountability of nodal authorities not below the Secretary level and ensuring appropriate adverse entries in the ACRs of erring officers. Monitoring at State level must take place on fortnightly basis and record of progress maintained. The Chief Secretaries may have an accountable person attached in his office for this purpose.
vi. Monthly progress report may be furnished by the States/UTs to Secretary, Ministry of Jal Shakti with a copy to CPCB. Any default must be visited with serious consequences at every level, including initiation of prosecution, disciplinary action and entries in ACRs of the erring officers.
vii. As already mentioned, procedures for DPRs/tender process needs to be shortened and if found viable business model developed at central/state level.
viii. Wherever work is awarded to any contractor, performance guarantee must be taken in above terms.
ix. CPCB may finalize its recommendations for action plans relating to P-III and P-IV as has been done for P-I and P-II on or before 31.03.2020. This will not be a ground to delay the execution of the action plans prepared by the States which may start forthwith, if not already started.
x. The action plan prepared by the Delhi Government which is to be approved by the CPCB has to follow the action points delineated in the order of this Tribunal dated 11.09.2019 in O.A. No. 06/2012.
xi. Since the report of the CPCB has focused only on BOD and FC without other parameters for analysis such as pH, COD, DO and other recalcitrant toxic pollutants having tendency of bio magnification, a survey may now be conducted with reference to all the said parameters by involving the SPCB/PCCs within three months. Monitoring gaps be identified and upgraded so to cover upstream and downstream locations of major discharges to the river. CPCB may file a report on the subject before the next date by e-mail at [email protected].
xii. Rivers which have been identified as clean may be maintained."
(emphasis supplied)
14. Directions in order dated 29.06.2020:
25"XII. Directions:
45. We reiterate our directions in order dated 6.12.2019 in the present matter, reproduced in Para 38 above, read with those in order dated 21.5.2020 in OA 873/2017 and direct CPCB and Secretary, Jal Shakti to further monitor steps for enforcement of law meaningfully in accordance with the directions of the Hon'ble Supreme Court and this Tribunal. The monitoring is expected with reference to ensuring that no pollution is discharged in water bodies and any violation by local bodies or private persons are dealt with as per mandate of law as laid down in orders of the Hon'ble Supreme Court and this Tribunal without any deviation from timelines. The higher authorities must record failures in ACRs as already directed and recover compensation as per laid down scale. Every State/UT in the first instance must ensure that at least one polluted river stretch in each category is restored so as to meet all water quality standards upto bathing level. This may serve as a model for restoring the remaining stretches."
Review of Compliance Status Reports CPCB Report dated 15.09.2020
15. Report of the CPCB filed on 15.09.2020 in pursuance of order dated 29.06.2020 in O.A. 673/2018 mentions the status of approval of action plans in a tabular form in Annexure -2 which is summed up as follows:-
"
All 61 action plans pertaining to Priority I and Priority II polluted river stretches submitted by 18 States & 2 UTs have been approved along with conditions by CPCB Task Team Out of 115 Action plans pertaining to P-Ill and P-IV polluted river stretches received from 24 States & 1 UT, 108 action plans pertaining to 22 States and 1 UT have been approved along with the conditions.
Total 169 action plans submitted by 24 States & 3 UTs have been approved by CPCB Task Team."
xxx........................................xxx..............................xxx Consideration of CMC and OC reports
23. The CMC report states that it addressed communication to all the Chief Secretaries and explained Hybrid Annuity Model (HAM) based PPP projects, One City One Operator (OCOO) concept, as implemented for sewerage intervention projects under Namami Gange programme as well as Faecal Sludge and Septage Management (FSSM) concept. The business model for liquid waste management has in-built mitigation mechanism 26 against time & cost overrun, improper design, sub-optimal operation and failure to meet the performance standards. As a business model, HAM enables the Urban Local Body/ State Government to fund the development and operation of sewage treatment infrastructure taking into account the future flow of revenue. States were also facilitated by holding a Webinar on "Mainstreaming Faecal Sludge & Septage Management in Ganga Basin", which was attended by officials from almost all the States. The Webinar also included a session on experience of Odisha which has taken up FSSM extensively, besides initiatives taken by NMCG in these directions. States were urged to consider the implementation of FSTPs and/ or co- treatment of faecal sludge in existing STPs, in all towns wherever feasible, so that dumping of the faecal sludge in water bodies/ land and thereby polluting them, can be avoided. The States/UT Administrations were specifically requested to ensure that at least one polluted river stretch in each category is restored to meet all water quality standards up to bathing level as ordered by this Tribunal. This may serve as a "model" with a view to replicate the efforts for restoring the remaining stretches. States have failed to report reasons for delay in grounding the projects as well identification of officials responsible for the delays. The necessary reporting from the States is being taken up and will be followed up in future review meetings.
Going Forward
24. We have duly considered the CPCB, CMC and OC reports as above and noted the gaps and recommendations. We accept the recommendations of the Committees already quoted above that the States should furnish quality information and comply with the directions of this Tribunal in terms of orders dated 06.12.2019 and 29.06.2020. The violation of mandate of 100% treatment of sewage may be visited with the assessment and recovery of compensation and violation of timelines for setting up of pollution control devices may also be likewise strictly enforced with the compensation regime in place. There is also need for fully utilizing and augmenting the existing infrastructure as already noted above.
25. The States/UTs may consider using HAM as a business model as well as OCOP concept, FSSM Policy, alternative models for treatment of sewage/faecal sludge, decentralized STPs and also strengthen the online monitoring system. We are also of the view that flood plain zones of all the rivers need to be mapped and demarcated and encroachments removed therefrom. The same be utilized for plantation, creation of bio-diversity parks and constructed wetlands or other recreational purposes, consistent with the environmental concern. We agree with the OC that river side mining needs to be regulated. To reduce the timelines for setting up of STPs, 27 many States/UTs are consuming time in preparing DPRs whereas model DPRs can be prepared and used for shortening the timelines. Similarly, SOPs need to be prepared for the timeline to be taken in setting up of STPs as well as for maintenance and operation of existing STPs particularly those not meeting the norms. Number of monitoring stations also needs to be suitably increased. We are also of the view that the State RRCs must function effectively and the Chief Secretaries must hold monthly meetings as it is found from the report of the OC for the State of UP that the Chief Secretaries may not be doing so. Huge failures of the States/UTs may show poor governance as far as environment is concerned which may need to be remedied. As found by the CMC, neither delay is explained nor accountability is fixed for the failure of the concerned officers which is not a happy situation.
26. While dealing with the control of pollution of River Ganga, the Tribunal noted that following action points for monitoring:
i. Setting up of STPs, Interception and Division (I&D) of drains and preventing untreated sewage and effluents ii. Use of treated water iii. Use of sludge manure iv. Status of septage management v. Compliance in relation to industries vi. Installation of STPs/treatment facilities in Hotels/Ashrams and Dharmshalas.
vii. Water quality monitoring of river Ganga and its tributaries.
viii. Maintenance of environmental flow in river Ganga.
ix. Disposal of Bio-medical waste.
x. Compliance of Solid Waste Management (SWM)
Rules, 2016.
xi. Preparation of maps and zoning of flood plains.
xii. Mining activity under supervision of the concerned
authorities.
xiii. Action against identified polluters, law violators and officers responsible for failure for vigorous monitoring.
CMC/RRCs/ OC for UP may conduct further monitoring keeping in mind the above action points."
V. Directions:
36. Accordingly, we issue following directions:
i. All the States/UTs may address gaps in generation and treatment of sewage/effluents by ensuring setting up of requisite number of functional ETPs, CETPs and STPs, as directed by the Hon'ble Supreme Court in (2017) 5 SCC 326.28
ii. The timeline for commissioning of all STPs fixed by the Hon'ble Supreme Court, i.e., 31.03.2018, has long passed. The Hon'ble Supreme Court directed that the State PCBs must initiate prosecution of the erring Secretaries to the Governments, which has also not happened. This Tribunal was directed to monitor compliance and in the course thereof, we direct that compensation may be recovered in the manner already directed in earlier orders (See, Paras 5 and 6 herein), which may be deposited with the CPCB for restoration of the environment.
iii. The unutilized capacity of the existing STPs may be utilized expeditiously.
iv. The States/ UTs may ensure that the CETP, ETPs and STPs meet the laid down norms and remedial action be taken wherever norms are not met.
v. It must be ensured that no untreated sewage/effluent is discharged into any water body. Prompt remedial action may be taken by the State PCBs/PCCs against non- compliant ETPs/CETPs by closing down or restricting the effluents generating activity, recovering compensation and taking other coercive measures following due process of law.
vi. Directions outlined in Paras 24-26 herein may be implemented by the States/ UTs, and their compliance monitored by the Chief Secretaries at the State level, and the CMC at the National level.
vii. Wherever action plans have not yet been finalized in respect of polluted river stretches or polluted coastal stretches, the same may be completed within one month from today. The execution of action plans may be overseen in the manner already directed in OA 673/2018 by River Rejuvenation Committees (RCCs). In the coastal areas, the said Committees may be known as 'River/Coastal Rejuvenation Committees'. The action plans must have provision for budgetary support in the manner laid down by the Hon'ble Supreme Court or otherwise which aspect may also be monitored by the CMC.
viii. Directions outlined in Para 29 herein may be implemented by the concerned coastal States/ UTs, and their compliance monitored by the Chief Secretaries at the State level, and the CMC at the National level. OA No. 829/2019 stands disposed of and further monitoring of the issue will henceforth be in OA 593/2017 and OA 673/2018.
ix. Directions outlined in Para 34 and 35 herein may be implemented by the States/ UTs, and their compliance monitored by the Chief Secretaries at the State level, and the CMC at the National level. OA No. 148/2016 stands disposed of and further monitoring of the issue will henceforth be in OA 593/2017 and OA 673/2018. x. CMC may consider development of an appropriate App to enable easy filing and redressal of grievances with regard to illegal discharge of sewage/effluents.
29xi. The monitoring by the CMC may have the target of reduction of pollution loads and improvement of water quality of rivers and coastal areas.
xii. The CMC may also monitor the setting up of the bio-
diversity parks, constructed wetlands and other alternative measures to reduce pollution load. xiii. The CMC may also monitor demarcation of flood plain zones.
xiv. The treated sewage water may be duly utilized for secondary purposes by preparing appropriate action plans and reports in this regard be filed with the CPCB periodically.
xv. CMC may submit its consolidated update report incorporating all the above, before the next date. Each action point mentioned in Para 26 may be individually covered, and summarized in a tabular format."
11to23....................xxx..........................xxx............................xxx
24.....Thus, huge water pollution is taking place as per official data with no effective adverse action against polluters, though it is crime under the law of land in the same way as homicide and assault. Pollution is resulting in deaths and diseases but with no punishment and no protection to the victims posing serious threat to rule of law requiring protection of innocent and punishment of guilty by the State. Emergent and stringent measures are necessary for discharge of Constitutional duties by the States concerned otherwise it is tolerating and ignoring lawlessness. Repeated directions to shorten tendering/DPR procedures have remained uncomplied as also fixing accountability of officers responsible for the situation.
25. Thus, further action is required in mission-mode at all levels to discharge constitutional obligation of providing pollution free environment and also to protect public health. Scarce sources of drinking water and irrigation are required to be maintained free from contamination. This is basic constitutional obligation of the authorities under the Constitution being linked to 'Right to Life'. Without this being done in a meaningful manner, there can be no sustainable development. There is need for stringent enforcement by way of adverse measures, including recovery of compensation for continuing violation and adverse entries in the record of defaulting officers. Accountability for those who are entrusted the responsibility to comply with these directions must be fixed on the principle of good governance to enforce rule of law to protect rights of citizens.
26. We find that the river water quality has been analyzed without taking into account one of the major components of river pollution i.e. fecal coliform. The river water quality is declared 'fit for bathing' only with reference to BOD, without concern of the fecal coliform, which does not represent true picture and such course is thus against the law. This may be duly remedied. There 30 is need for compiling an annual progress report in terms of improvement of water quality by reducing pollution load. The progress should be evaluated depending on extent of reduction of pollution load, in comparison to the earlier period. Such annual progress report must be put in public domain and appropriate action taken for inadequate progress after finding out the persons responsible for such failure and other causes, if any. Adequate number of monitoring stations need to be installed in a timebound manner for the purpose of monitoring water quality.
27to30....................xxx..........................xxx............................xxx
31. As noted earlier, protecting the rivers from pollution is a National necessity. Pollution of rivers has resulted in worst water crisis in the country. This requires control of domestic and industrial pollution, utilization of treated sewage for secondary purposes to prevent use of potable water for such purposes, protecting the catchment areas, regulating activities in flood plains zones, maintaining e-flow which includes conserving the ground water. All these steps are duly mentioned in the Notification dated 07.10.2016 as necessary for control of pollution and rejuvenation of Ganga. This Tribunal in its earlier orders, including orders dated 20.09.2018, 19.12.2018, 08.04.2019, 06.12.2019 29.06.2020 and 21.09.2020, dealt with preparation and execution of action plans for all the 351 polluted river stretches almost on same pattern. The compensation regime has been laid down not only for delay in finalizing action plans but also for delay in commencing and completing the projects on the pattern of regime applicable to Ganga. Similarly, in connected matter (OA 593/2017) relating to setting up of requisite numbers of ETP, CETP and STPs (including modular STPs wherever necessary) as per mandate of law under the Water Act and the judgment of the Hon'ble Supreme Court in Paryavaran Suraksha, supra, also compensation regime has been laid down and compliance of direction of the Hon'ble Supreme Court for rigid implementation mechanism for ensuring compliance by 31.03.2018 has been overseen, as mentioned earlier. Finally, this aspect of monitoring for setting up of all requisite ETPs, CETPs and STPs (including modular STPs wherever necessary) within the timelines and for also taking other steps for control of pollution and rejuvenation of 351 polluted river stretches was left to the CMC to be headed by the Secretary, Ministry of Jal Shakti along with the NMCG and CPCB. At the State levels, directions have been issued for constituting River Rejuvenation Committee for preparation and execution of the action plans to be overseen by the Chief Secretaries of all the States by constituting 'environment cells' directly under them. The status reports given by the CMC constituted by this Tribunal have already been quoted above.
32. As mentioned earlier, apart from larger issues of control of pollution and rejuvenation of 351 river stretches, the Tribunal separately dealt with control and rejuvenation of some rivers separately including Yamuna, Hindon, Ganga and Satluj. River Yamuna which is tributary of Ganga was earlier subject matter of consideration before the Hon'ble Supreme Court and later the monitoring was entrusted to this Tribunal. The Tribunal gave detailed directions dated 13.01.2015 and 07.12.2017. The Tribunal also 31 constituted an independent Monitoring Committee. The said matter was finally disposed of on 27.01.2021 wherein the status of compliance under each head of action plan was duly mentioned. It was further noted that clear roadmap already stands laid out and further success depended on the matter being taken seriously by the Administrative Authorities. Accordingly, the Chief Secretaries were directed to take over the monitoring as follows:
"23. Accordingly, we direct that in terms of directions of the Hon'ble Supreme Court and earlier orders of this Tribunal, henceforth the Chief Secretary, NCT of Delhi, in coordination with other authorities (such as, Additional Chief Secretary Urban Development, DDA, IDMC, DPCC, DJB) and the Chief Secretaries of Haryana and UP may personally monitor the progress, by evolving effective administrative mechanism to handle grim situation caused by years of neglect. Causes of failure of existing mechanism and remedial measures required be addressed in the light of reports of the Committee. This needs to be further overseen at National level by the Central Monitoring Committee, headed by Secretary Jalshakti, which also includes NMCG and CPCB, in terms of earlier orders of this Tribunal. To give effect to the orders of the Hon'ble Supreme Court, the Tribunal has already directed constitution of River Rejuvenation Committees (RRCs) in all the States/UTs by order passed in OA No. 673 of 2018 in Re: News item published in "The Hindu" authored by Shri Jacob Koshy titled "More river stretches are now critically polluted : CPCB, to be headed by the Environment Secretaries of States/UTs, to prepare and execute action plans for restoration of the polluted river stretches, under the oversight of the Chief Secretaries of the States/UTs. Such action plans are already in place. The RRCs of Delhi, Haryana and UP may accordingly monitor execution of the action plans with proper inter-departmental coordination, to remedy the polluted stretches of river Yamuna in their respective jurisdiction, subject to oversight of the Chief Secretaries on quarterly basis, who may thereafter give their quarterly reports to the Central Monitoring Committee (CMC) headed by the Secretary, Jal Shakti in terms of order dated 21.09.2020 in O.A. No. 673/2018, supra."
33to36....................xxx..........................xxx............................xxx Conclusion
37. In view of the above, we are of opinion that the monitoring by the Tribunal cannot be unending and must now be taken over by the concerned authorities. The roadmap stands laid out. Action plans have been prepared for remediation of all the 351 identified polluted river stretches. Gaps have been identified for ETPs/CETPs/STPs (including modular STPs wherever necessary). Timelines are clear. Sources of funding are clear in the Supreme Court order. HAM 32 model is also available as per Govt. of India Policy mentioned in the report of the CMC. Alternative conventional methods of bio/phytoremediation are also available as mentioned in the report of the CMC. Existing treatment capacity is not fully utilised. New projects, already ongoing or those yet to commence need to be expedited. Consequences for delay in terms of compensation and administrative measures have been clearly mentioned. The river rejuvenation committees in the States/UTs, as per directions of the Chief Secretaries may perform their obligations accordingly which may be monitored by the Central Monitoring Committee, headed by Secretary, Jal Shakti, as directed earlier.
38. We find that the monitoring mechanism introduced as per directions of this Tribunal in the form of RRCs at the States level and CMC at the Central level is to an extent identical to the monitoring mechanism laid down under the River Ganga Rejuvenation, Protection and Management Authorities Notification 2016. However, mechanism under the 2016 notification being statutory and exhaustive, it will be better that the same is adopted for all the river stretches as issues involved are common. The Empowered Task Force on river Ganga headed by Union Minister of Jal Shakti may exercise all powers and discharge all functions in relation to all the polluted river stretches in the same manner as the functions entrusted to it under the River Ganga 2016 order for control of pollution and rejuvenation of polluted river stretches. This is necessary so that the Nation/Central Monitoring Mechanism can be effective, in view of continuing failure of statutory mechanism under the Water Act for preventing pollution of water, resulting in pollution of almost all the rivers and water bodies in the country, posing serious threat to availability of potable water for drinking purposes as well as for safety of food chain. Hardly any accountability has been fixed for such serious failures. It will be open to the MoJS to issue any further appropriate statutory order to give effect to the above directions under the EP Act. The National/Central Mechanism may enforce the earlier directions of this Tribunal for collecting compensation for the failure to commence or complete the projects for setting up of sewage treatment equipments or taking steps for interim remediation measures. This is necessary for accountability for the failure to obey the law. The compensation so assessed may be deposited in a separate account to be used for rejuvenation of the polluted river stretches in the same manner as directed in the case of Ganga quoted above. As directed vide order dated 19.12.2018 in OA 673/2018, responsibility to pay compensation on behalf of the States/UTs will be of the Chief Secretaries. As per scheme of the NGT Act, every order of NGT is executable as a decree of Civil Court19. Further, failure to comply order of the NGT is an offence punishable with imprisonment upto three years or fine upto Rs. 10 crores with additional fine for continuing offence after conviction.20 If the offence is by a 19 Section 25 of the NGT Act, 2010 read with Section 51 of the CPC providing for mode of execution which include civil imprisonment.
20Section 26 33 Government Department, Head of the Department is deemed to be guilty.21 Cognizance of the offence can be taken by a Court on a complaint of Central Government or any other person who has given notice to the Central Government or its authorized representative. The complaint can be filed before a Court of Magistrate of first class. It is, thus, necessary in view of continuing violation of NGT order, requiring payment of compensation to reiterate the direction of responsibility for payment of compensation, to be of the Chief Secretaries and in default, their liability to be proceeded against for coercive measures for execution or by way of prosecution as per NGT Act, 2010.
39. Our directions are summed up as follows:
(i) In the light of observations in Para 38 above, MoJS may devise an appropriate mechanism for more effective monitoring of steps for control of pollution and rejuvenation of all polluted river stretches in the country. The said mechanism may be called "National River Rejuvenation Mechanism" (NRRM) or given any other suitable name. NRRM may also consider the observations with regard to setting up of National/State/District Environment Data Grid at appropriate levels as an effective monitoring strategy.
(ii) Chief Secretaries of all States/UTs and PCBs/PCCs must work in mission mode for strict compliance of timelines for commencing new projects, completing ongoing projects and adopting interim phyto/bio-remediation measures, failing which compensation in terms of earlier orders be deposited with the MoJS, to be utilised in the respective States as per action plan to be approved by the NRRM. Other steps in terms of action plans for abatement of pollution and rejuvenation of rivers, including preventing discharge or dumping of liquid and solid waste, maintaining eflow, protecting floodplains, using treated sewage for secondary purposes, developing bio-
diversity parks, protecting water bodies, regulating ground water extraction, water conservation, maintaining water quality etc. be taken effectively. The process of rejuvenation of rivers need not be confined to only 351 stretches but may be applicable to all small, medium and big polluted rivers, including those dried up.
(iii) The Chief Secretaries of all States/UTs may personally monitor progress at least once every month and the NRRM every quarter.
(iv) Directions of this Tribunal in earlier order, the last being dated 21.9.2020 are reiterated.
(v) The NRRM and the Chief Secretaries of all the States/UTs may take into account the observations in Paras 24 to 38 above.
(vi) In view of discussion in para 38 above, it is made clear that accountability for failure to comply with the direction for payment of compensation will be of the concerned Chief Secretaries under Sections 25, 26, 28 and 30 of the NGT Act, 2010. The MoJS or any other aggrieved person will be free to take remedies by way of initiating prosecution or execution."
21Section 28 34
12. In view of above, the Chief Secretary, Tamil Nadu may monitor further compliance, as already directed for control and abatement of pollution of the river stretch in question and associated issues, in coordination with concerned departments and authorities, by personal monitoring atleast once in every month. The monitoring may include assessment and recovery of compensation and coercive action against the violators. District Magistrates may send monthly report to Chief Secretary about the progress with status of water quality. The Ministry of Jal Shakti may also continue further effective monitoring of the steps taken throughout the country, including the present river stretch.
The application is disposed of.
A copy of this order be forwarded to the Chief Secretary, Tamil Nadu, Ministry of Jal Shakti and District Magistrates of Tirunelveli and Thoothukudi by e-mail for compliance.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM Sudhir Agarwal, JM Dr. Satyagopal Korlapati, EM Prof. A. Senthil Vel, EM April 27, 2022 Original Application No. 191/2015(SZ) & Original Application No. 178/2014(SZ) SN 35