National Green Tribunal
Radhey Shyam & Ors vs Ankita Sinha on 28 March, 2025
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
NEW DELHI
ORIGINAL APPLICATION NO. 79/2022
IN THE MATTER OF:
RADHEY SHYAM
Omaxe City, Phase-1,
Palwal,
State of Haryana
...Applicant
Verses
1. STATE OF HARYANA
Through Chief Secretary,
Government of Haryana,
4th Floor, Haryana Civil Secretariat,
Sector-1, Chandigarh
2. HARYANA STATE POLLUTION CONTROL BOARD
C-11, Sector-6,
Panchkula,
Haryana-134109
3. HARYANA STATE VIKAS PARISHAD (HSVP)
Huda Complex,
Old Delhi Road,
Sector 14, Gurugram,
Haryana-122001
4. DISTRICT MAGISTRATE, PALWAL
Alawalpur Chowk, Shiv Colony,
Palwal Rural, Haryana-121102
5. M/S. OMAXE CITY, PALWAL
(Project Proponent)
Ramnagar, Palwal Rural,
Haryana-121102
1
OFFICE ADDRESS:
Shop No. 19 B, First Floor,
Omaxe Celebration Mall, Sohna Road,
Gurgaon, Haryana-122001
...Respondent(s)
COUNSELS FOR APPLICANT(S):
None
COUNSELS FOR RESPONDENT(S):
Mr. Rahul Khurana, Advocate for Respondents No. 1 to 4 with Ms.
Aanksha Tanwar, RO, HSPCB, Palwal
Mr. Sumeer Sodhi and Mr. Chaitanya Sharma, Advocates for Respondent
No. 5 with Mr. Digamber Dutt Sharma, Authorized Representative
CORAM:
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
RESERVED ON: SEPTEMBER 24, 2024
PRONOUNCED ON: MARCH 28, 2025
JUDGMENT
BY HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
1. A letter petition received in Tribunal on 30.11.2021 from Radhey Shyam, son of Baldev Singh, resident of House no. 356, Omaxe City Phase-
1, Palwal, State of Haryana has been registered as Original Application (hereinafter referred to as 'OA') under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as 'NGT Act, 2010') in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022) 13 SCC 401.
22. The complainant has said that M/s. Omaxe City Palwal is spread in 102 acres of land developed by a private colonizer. Sewer line has been laid down in the entire area but sewage line is not connected with any main line. As a result, thereof, there is no proper treatment of sewage in the area and it is causing huge water pollution. A temporary Sewage Treatment Plant (hereinafter referred to as 'STP') has been constructed on a green belt in the colony but there is no proper and adequate arrangement made for sewage treatment. Pump set has been installed which pump out the water to an open land in the colony which causes huge pollution across the area. Pump set installed mainly remain defective and non-functional.
As a result thereof, sewerage/waste water over flows and gets stagnated in and around the houses which is a serious health hazard. On several occasions, complaints have been made to various authorities but no action has been taken. Certain photographs have also been appended to the letter petition in support of the complaint made in the letter petition.
3. Tribunal's Order dated 03.02.2022: Tribunal considered the complaint on 03.02.2022 and found it appropriate to obtain a factual report after verification of factual position, hence, constituted a Joint Committee comprising Central Pollution Control Board (hereinafter referred to as 'CPCB'); Haryana State Pollution Control Board (hereinafter referred to as 'HSPCB'); Haryana Urban Development Authority (hereinafter referred to as 'HUDA'); State Environment Impact Assessment Authority, Haryana (hereinafter referred to as 'SEIAA Haryana'); and, District Magistrate, Palwal. The Committee was required to submit its report within 03 months.
3Joint Committee Report dated 11.10.2022:
4. Joint Committee Report dated 11.10.2022 was submitted through Regional Officer, HSPCB, Palwal Region. Joint Committee found that STP was in working condition and Consent to Operate (hereinafter referred to as 'CTO') for running STP was obtained which was valid upto 30.09.2024;
standards of treated sewage were found within prescribed limits; there was an abandoned STP in the locality of plot no. 612 A and some stagnant water lying in the tanks of abandoned STP; domestic effluent discharge was 500 KLD while capacity of installed STP was 1000 KLD; untreated domestic effluent generated from M/s. Omaxe Heights (Group Housing Society) was spread in open green area and some quantity of garbage waste was found in the open back area behind STP in Omaxe City. Joint Committee also made certain observations and recommendations which are reproduced as under:
"3. During inspection following observations were made:-
• The layout plan of the colony depicting the location of STP and RWH is enclosed herewith. The STP is in working condition and Project Proponent has already obtained CTO valid upto 30/09/2024. There is a temporary Steel Sheet Structure enclosure around the area of STP.
• There was no presence of ultra violate radiation of treated sewage for disinfection.
• There was not complete duel plumbing line for use of treated sewage from the STP.
• However, the standards of treated sewage Le. Water available after treatment of STP was within the prescribed limits as notified by CPCB and HSPCB time to time.
• STP samples were collected by HSPCB on dated 29.07.2022 during renewal of CTO and as per Analysis Report No. 425 dated 08.08.2022 released by the Boards lab, the parameters were found within prescribed limits (copy attached as Annexure-
R/1) 4 • A temporarily arrangement had been made for the use of treated water for gardening in open green land near STP.
• The complainant also brought in notice of the committee about abandoned STP in the locality of plot No. 612 A. There was some stagnant water lying in the tanks of abandoned STP but it was brought to the notice that there was no any pipeline connected with abandoned STP as the sewer line has already been connected to the main STP line.
• Presently the domestic effluent discharge is 500 KLD (Copy of logbook of flow meter is Attached as Annexure R/2) Project proponent has installed STP having capacity of 1000 KLD as told by the representative of Omaxe city. STP 1000 KLD against the total requirement of 1800 KLD as per conditions of the Environment Clearance issued vide No.21-742/2007-IA.III by the Ministry of Environment and Forests (IA Division), Paryavaran Bhawan, New Delhi.
• During inspection it was also observed that untreated domestic effluent generated from the Omaxe Heights (Group Housing Society) was spread in open green land and the President of RWA of the colony present at the time of inspection confirmed that "आपको अवगत ककया जाता है कक ओमेक्स ससटी पलवल में ग्रुप हाउससिंग को हमने करीब 2 साल पहले हैंडोवर सलया था। तब से सोसाइटी की दे खभाल का काम हम ही कर रहे है। हमारी सोसाइटी में एक टे म्पररी एसटीपी बना हुआ था जजसका अब ओमेक्स के मैन STP बनने के बाद बिंद कर ददया था तथा ग्रुप हाउससिंग को मैंन सीवर लाइन से जोड़ ददया था। अब हमारी ग्रुप हाउससिंगका सीवर बाटर भी ओमेक्स की मैंन एसटीपी द्वारा ट्रीट ककया जाता है। आपको यह भी अवगत कराया जाता है कक हमारे ग्रुप हाउस के पास से माककिट कमेटी बालो ने अमृत योजना के अिंतगित ओमेक्स ससटी के बबच में से धोलागढ़ वा काशीपुर गााँव से सीवर लाइन डाली थी, जजसके कारण उन्होंने ओमेक्स ससटी की मैंन सीवर लाइन को डैमेज कर ददया। जजससे की हमे मजबूरी में अपने सीवर वाटर को 4 से 5 ददन के सलए पास के ओमेक्स के जमीन में डालना पड़ा, परिं तु अमृत योजना की लाइन डालने के बाद हमने अपनी सीवर लाइन को ओमेक्स सीवर लाइन में जोड ददया है अब हमारा सीवर का पानी ओमेक्स की मैंन STP पलािंट मजा रहा है।" (copy of letter attached as Annexure R/3) • There are total 16 nos of Rain Water Harvesting pits as marked on the layout plan and the complainant took the joint 5 committee to one number RWH pit and there was some quantity of stagnant water which may be due to non cleaning of the rain water bore well and linking of roof trap collection gully trap leading to bore well tap with some sewer line. This needs further detailed inspection along the route of the sewer line for detecting fault and regular cleaning of RWH pits. A collection of rooftop rain water gully trap was shown in the same locality which was filled by the debris. Thus needs further regular cleaning. The RWH pits are not found to be connected with the sewer line. Rather detailed checking is required to ascertain the factual position to ensure that any sewer line have not been damaged due to ongoing construction activity and linked with a carrier pipeline from roof top rain water gully trap to RWH pits.
• The overflow of sewer line near abandoned STP and in open green land near Omaxe Heights will have to be cleaned as of now sewer line of abandoned STP as well as omaxe city group housing colony is connected with the sewer line leading to main STP.
• Some quantity of garbage waste was found in the open empty back area behind STP in Omaxe City and there was temporarily arrangement of biodegradable pits for disposal of wet waste and segregated dry waste was collected/stored in the open area.
The photographs taken during inspection are annexed as Annexure R/4.
4. RECOMMENDATIONS:-
• The management of M/s Omaxe city, Palwal should have to immediately take up the construction of proper and regular boundary wall of STP.
• A separate pipeline has to be laid for carrying and use of treated sewage from STP for reuse in gardening/ flushing, as per the EC conditions Ultra Violate radiation system for disinfection System of treated effluent has to be installed at the STP before the reuse of the treated sewage/effluent as per the EC conditions.
• HSVP has to provide master external sewer system for ultimate connection for discharge of excess treated sewage during rainy season and winter season as occupancy of the colony is increasing day by day with the passage of time. • The abandoned STP needs immediate cleaning and permanent closure/dismantling to avoid further collection of water. 6 • The capacity of existing STP has to be got certified by the reputed institution and future expansion of STP is also required keeping in view of increase in the occupancy day by day.
• The accumulated untreated sewage near omaxe heights (group housing) also need immediate cleaning.
• A mechanism has to be developed by the maintenance agency of the colony to ensure regular cleaning of roof top rainwater connecting gully traps and rain water harvesting bore well pits for recharge of ground water aquifer.
• HSVP has to provide external storm drainage system for ultimate connection of disposal of rain water of this colony omaxe city under the provision of EDC as occupancy is increasing day by day.
• A team has to be put on the job with immediate effect by the maintenance agency of the omaxe city to locate the fault of intermixing sewer line with carrier pipe lines of roof top rain water collection gully trap to RWH pits.
• The cleaning of existing sewerage system is immediately required to clear the blockages with the help of sewerage cleaning machines as lot of construction activities is going in the colony to ensure the smooth flow of sewer line to the STP in addition to measures suggested at serial No.1. • Sufficient capacity Organic waste converter is required to be installed for treatment of collected biodegradable garbage/waste (wet waste).
• For segregated dry waste, a regular mechanism have to be developed in coordination with Municipal Council, Palwal for regular lifting disposal of collected dry waste from the waste segregation yard of the colony."
5. Vide order dated 24.11.2022, Tribunal impleaded following as respondents:
i. State of Haryana through Chief Secretary, Government of Haryana;
ii. Haryana State Pollution Control Board (HSPCB); iii. Haryana Shehri Vikas Paradhikaran (hereinafter referred to as 7 'HSVP');
iv. District Magistrate, Palwal; and,
v. M/s. Omaxe City, Palwal.
6. Tribunal directed the respondents to file their responses.
Reply by respondent 5 filed on 22.12.2022:
7. Project proponent i.e., respondent 5 submitted its reply dated 22.12.2022 giving compliance status to the various recommendations made by Joint Committee in a tabular form as under:
S.No. Recommendations Response
1. The Management of the The Company has installed Respondent No. 5 Omaxe the Sewage Treatment Limited should immediately Plant of Phytorid take up the Construction of a Technology, which uses proper & regular Boundary certain specific Plants that Wall for the Sewage can absorb nutrients Treatment Plant. directly from Waste Water and we have erected permanent GI sheets with the grouting of Pipes around STP. We have also planted trees and hedges which after growing up will also work as a boundary wall.
Balance area of STP is also covered with grass.
2. A separate Pipeline has to be The Company is law laid for carrying and use of abiding company and treated sewage from the bound by the prescribed Sewage Treatment Plant for norms. Presently there is re-use in gardening/ flushing. approx. 50% occupancy in the colony and the As per the EC Conditions Ultra discharged water after Violet radiation System for due treatment is being disinfection system of treated utilized for irrigation of effluent has to be installed at green areas, parks and the Sewage Treatment Plant berm areas which before the re-use of the treated invariably falls insufficient 8 sewage/effluent as per the EC and the shortfall is made up Conditions. by arranging water from other sources. As soon as the necessity arise with increase in occupancy rate in the colony, the company shall install/ extend the treated water line.
Laying of treated Water Line in Township is in process & approximately one Kilometre Line has already been laid down.
Ultra Violate radiation for disinfection system of treated effluent has been installed at the STP.
3. HSVP has to provide master Part Completion Certificate external sewer system for issued by the Director Town ultimate connection for & Country Planning on discharge of excess treated 28.05.2012 for the reason sewage during rainy season of the availability of all the and winter season as Statutory Facilities has occupancy of the colony is approved the Inhabitation increasing day by day with of the Omaxe City the passage of time. Township.
The said Certificate also directs the Respondent No. 5 Company to make its own arrangement by operating a Sewage Treatment plant for the Sewage Disposal till Haryana Shahari Vikas Pradikaran (HSVP/ HUDA) provides for a connection to discharge the Township Sewage into the Master Sewerage Line.
The Respondent Omaxe Limited has already applied 9 on 17.03.2021 to Haryana Shahari Vikas Pradikaran (HSVP/HUDA) for a connection to discharge the Fifty Percent Treated Water received from the Operational Sewage Treatment Plant of the Omaxe City into the Master Sewerage Line.
Admittedly, the Omaxe City has also received the Consent to Operate Certificate from the Haryana State Pollution Control Board on 18.08.2022 in respect of the Operational Sewage Treatment Plant.
The said Sewage Treatment Plant is based on the Phytorid Technology, which has been duly approved by the National Environment Engineering Research Institute.
4. The abandoned STP needs A temporary STP was immediate cleaning and constructed by the permanent closure/ Company near Plot No. 612 dismantling to avoid further which after construction collection of water. of the main STP, had been closed by the Company permanently.
The sewer line has been connected with the main STP. The STP was not filled with the sewage, only due to rainy season the rain water was accumulated at the top of the temporary STP. Now the Company has cleaned the accumulated water from the pits and the pits have 10 been permanently filled with soil in order to kill the issue for ever.
5. The capacity of existing STP The present installed STP has to be got certified by the is of adequate 1000 KLD reputed institution and future capacity to cater to the expansion of STP is also requirement as per required keeping in view of current occupancy which increase in the occupancy day is approx.50%. Presently, by day. approx. 500 KLD waste water is being discharged after treatment, the Company will expand the capacity of STP state-
wise in proportion with increase in occupancy and keeping in view the present growth ratio in the occupancy, it is presumed that the colony would achieve 100% occupancy within next 10 years. As per approved service estimate by the Directorate, Town & Country Planning, Haryana, Chandigarh the company shall install STP of required capacity and the present STP capacity certification has also been submitted along with the reply dated 21.11.2022 to the Joint Committee.
6. The accumulated untreated The Company has already sewage near Omaxe Heights handed over the Group (Group Housing) also need Housing Society to the immediate cleaning. Residents Welfare Association (RWA) two years ago. The RWA has already connected the group housing society's sewer water line into main sewer line of Omaxe City and the sewer water is 11 treated at the STP of Omaxe City. The Municipal Council, Palwal has laid a line which was passing through the Omaxe City and during excavation, the sewer pipe of Group Housing was damaged and hence due to leakage, the water was accumulated which was disposed and the line was got repaired immediately thereafter the line is appropriately working and the affected area is being got cleaned and sanitized by the RWA.
Area of accumulated untreated sewage near Omaxe Heights (Group Housing) has already been cleaned.
7. A mechanism has to be Cleaning of Rain Water developed by the maintenance harvesting pits & agency of the colony to ensure connecting gully traps have regular cleaning of roof top already been started.
rain water connecting gully traps and rain water harvesting bore well pits for re-charge of ground water aquifer.
8. HSVP has to provide external The said Recommendation storm drainage system for is to be resolved by the ultimate connection of HSVP.
disposal of rain water of this colony Omaxe City under the provision of EDC as occupancy is increasing day by day.
9. A team has to be put on the job After thorough inspection at with immediate effect by the the site by the construction maintenance agency of the and the Maintenance Omaxe City to locate the fault Teams it is not found 12 of intermixing sewer line with anywhere that sewer lines carrier pipelines of roof top and storm lines are rain water collection gully trap interconnected in any Area to RWH pits. of the Township.
10. The cleaning of existing The sewer line whenever sewerage system is gets overflowed due to silt immediately required to clear accumulated therein or due the blockages with the help of to the accumulation of sewerage cleaning machines debris in manhole while as lot of construction activities raising construction by the are going in the colony to residents of the colony, the ensure the smooth flow of same is cleaned sewer line to the STP in immediately by the addition to measures maintenance agency. It is suggested at serial no. 1. further submitted that the sewer and storm line laid in the colony is cleaned routinely from time to time.
The Maintenance Agency has cleaned all the said Lines.
The Maintenance Agency immediately cleans any of the lines, which are found to be choked.
11. Sufficient capacity Organic At present Omaxe City waste converter is required to has constructed 18 pits be installed for treatment of for composting wet collected bio-degradable garbage. garbage/ waste (wet waste).
Further, if more pits are required in future, the same shall be provided for immediately.
12. For segregated dry waste, a Omaxe City has already regular mechanism have to be developed a garbage yard developed in co-ordination for segregating of dry and with Municipal Council, wet garbage, after Palwal for regular lifting/ segregating the same the disposal of collected dry remaining waste is being waste from the Waste taken away by the segregation yard of the colony. Municipal Corporation, 13 Palwal. Thereafter, the remaining waste is disposed off by the Maintenance Agency immediately.
Reply dated 11.02.2023 filed on behalf of HSPCB:
8. HSPCB filed its reply/status Report dated 11.02.2023 through Regional Officer, Palwal stating that pursuant to order dated 24.11.2022, the site was visited by the Field Officer and Regional Officer, Palwal on 04.02.2023 and compliance status of recommendations and conditions of consent is given in the form of a chart as under:
Sr. Description of Status of site Proposed/Requir Reply/Submission Factual No. complaint as on date of ed Remedial of M/s Omaxe City position/compliance inspection on measure Palwal verified on dated 05/09/2022 04.02.2023 1 पुरी कालोनी में • The layout • The • The company has • The boundary wall सीवरे ज लाइन plan of the management of installed STP of of STP is already बिछी हुई है colony M/s Omaxe phytorid technology provided with GI depicting the city, Palwal which uses certain Sheets. Unit has also लेबकन सीवरे ज location of should have to specific plants that planted Trees and लाइन का STP and RWH immediately absorb nutrients hedges near the कनेक्सन बकसी is enclosed take up the directly from boundary wall and भी मैन लाइन से herewith. The construction of wastewater and during inspection, no नहीीं हैं । ऐसी STP is in proper and we have erected foul odour was found स्थिबि में कलोनी working regular permanent GI near STP (Photos are में एक व्यवस्थिि condition and boundary wall sheets with attached as Annexure STP (Sewage PP has of STP. grouting of pipes P-1) Treatment obtained first around STP. We Plant) का होना CTO for said have also planted STP in 2014 • As per the EC trees and hedges • Yes, the unit has िहुि जरुरी हो and same conditions Ultra which after installed Ultra Violate जािा है , जिबक was renewed Violate growing up will radiation system for कालोनी में हररि from time to radiation also work as a disinfection System of पट्टी पर एक time and system for boundary wall. treated effluent and अिाई STP latest consent disinfection Balance area of found in working (बसर्फ नाम के to operate System of STP is also covered condition.
बलए) िनाया गया was granted treated effluent with grass [Layout (Photos are attached on has to be and Photographs as Annexure P-2) है , बजसमे 18.08.2022 installed at the enclosed as Sewage and is valid STP before the Annexure 1] Treatment की upto reuse of the कोई व्यविा ना 30.09.2024. treated होकर एक पींपसेट There is a sewage/effluen लगा रखा है , Steel Sheet t as per the EC जोबक पानी Structure conditions. • The Company is • A separate pipeline (मलमूत्र की enclosure law abiding has already been गींदगी) को पींप around the • A separate company and laid for carrying area of STP. pipeline has to bound by the and use of treated करके खुली जगह be laid for prescribed norms. sewage from STP for 14 कालोनी के अींदर • As per carrying and Presently there is reuse in gardening in ही (भबवष्य में िडे conditions of use of treated approx. 50% various green belts रोड के बलए छोडी Environment sewage from occupancy in the and parks. Photos are Clearance, STP for reuse in colony and the attached as Annexure गई जगह) there was no gardening/ discharged water P-31. पींपआउट कर दे िे presence of flushing. HSVP after due treatment है । बजसमे चारो ultra violate has to provide is being utilized for िरर् गींदगी, radiation of master external irrigation of green िदिू व प्रदु षण treated sewer system areas, parks and र्ैलिा है । िडी sewage for for ultimate berm areas which समस्या यह है बक disinfection connection for invariably falls discharge of insufficient and the िथाकबथि STP excess treated shortfall is made up का पींपसेट • There was not sewage during by arranging water complete duel अबिकिर समय rainy season from other sources.
plumbing line ख़राि रहिा है , for use of and winter As soon as the कालोनी का एक treated season as necessity arise बहस्सा बजसमे 50 sewage from occupancy of with increase in
- 60 पररवार रहिे the STP. the colony is occupancy rate in है , ढलान पर है , increasing day the colony, the by day with the company shall ऐसी स्थिबि में • However, the standards of passage of install/extend the सीवर का सारा time. treated water line.
treated
पानी मेनहोल से
sewage i.e.,
उमडकर सडकोीं Water
पर िहिा है available • After treatment,
बजससे गींदगी, after treated water is
िदिू व प्रदु षण के treatment of used for
साथ - साथ खूि STP was horticulture and
within the irrigation purpose
मच्छर पनपिे है
prescribed in the vicinity of the
बजससे िीमररया STP for green park,
limits as
र्ैलिी है । आऐ road berm area etc,
notified by
बदन हर पररवार से CPCB and the company has
कोई न कोई िच्चा HSPCB time already installed
या िडा to time. permanent pipeline
िीमार हो जािा है in some areas of
• STP samples the site. The
English were collected Company will
Translation by HSPCB on expand the lay
by Tribunal: dated treated water line
29.07.2022 to maximum extent
Sewerage line during as recommended
is laid in the renewal of by the committee,
entire colony, CTO and as the work of water
but it is not per Analysis line will be
connected to Report No. accomplice within 3
any main line. 425 dated months. The
In such a 08.08.2022 company has
situation, it released by already requested
becomes very the Boards HSVP for
important to lab and the connection to
have a parameters master sewer line.
systematic were found (Letter Annexure 2)
STP (Sewage within enclosed.
Treatment prescribed
Plant) in the limits. (copy
colony, attached) • A temporary STP
whereas a was constructed by
temporary the Company near
• An
STP (only for plot no 612 which
arrangement
name sake) after construction
had been
has been set main STP, had
made for the
up on the been closed by the
use of treated
green belt in Company
water for
15
the colony, in gardening in permanently. The
which there is open green sewer lime has
no land near STP been connected
arrangement through PVC with the main STP.
for sewage pipeline. The STP was not
treatment, filled with the
instead a sewage, only due to
pumpset has rainy season the
been rain water was
installed, accumulated at the
which pumps top of the
water temporary STP.
(excreta) and Now the Company
pumps it out has cleaned the
in the open accumulated water
space within from the pits and
the colony the pits will be
(space left for permanently filled
a big road in with soil within a
future). Due to period of 1 week in
which filth, order to kill the
bad smell and issue for ever.
pollution
spreads all • The
around. The complainant • The abandoned • The presently
big problem is also brought STP needs installed STP is of
that the in notice of immediate adequate capacity
pumpset of the committee cleaning and to cater to the
the so-called about permanent requirement as per
STP is out of abandoned closure/dismantl current occupancy abandoned STP has
order most of STP in the ing to avoid which is approx been cleaned and
the time. A locality of plot further collection 50% Presently, permanently closed
part of the No. 612 A. of sewage. approx 500 KLD [Photos are attached
colony where The STP was waste water as Annexure P-4).
50-60 families filled with the • The capacity of approx is being
live is on a sewage but it existing STP has discharged after • The unit has
slope. In such was brought to be get certified treatment, the submitted the
a situation, to the notice by the reputed Company will certificate from the
all the sewer that this has institution and expand the reputed institution
water been closed future expansion capacity of STP regarding capacity
overflows as sewer line of STP is also state-wise in of STP (Copy attached
from the has been required keeping proportion with a Annexure P-5).
manholes connected to in view of increase in
and flows on the main STP increase in the occupancy and • Accumulated
the roads, line. occupancy day keeping in view the untreated sewage
causing dirt, by day. present growth near omaxe freights
stench and • The Capacity ratio in the (group housing) has
pollution, as of STP as told occupancy, it is been cleaned and no
well as by the • The accumulated presumed that the sewage or waste
mosquito representative untreated colony would water was observed
breeding, of Omaxe city sewage near achieve 100% at the site (Phans are
which is 1000 KLD omaxe (group occupancy within attached as Annexure
spreads against the heights also need next 10 years. As P-6)
diseases. total immediate per approved
Every day, requirement cleaning and service estimate by
some child or of 1800 KLD adequate the Directorate,
adult from as per measures have to Town & Country
every family conditions of be adopted to Planning Haryana,
falls ill. the avoid any further Chandigarh the
Environment accumulation of company shall
Clearance sewage install STP of
issued vide required capacity
No 21- and the STP
742/2007- capacity
IA.III by the certification in this
16
Ministry of regard shall be
Environment submitted upon
and Forests receipt of the same
[IA Division), from the
Paryavaran consultant.
Bhawan,
New Delhi.
• The Company has
already handed
• During over the Group
inspection it Housing Society to
was also the Residents
observed that Welfare
untreated Association (RWA)
domestic 2 years before ago.
effluent The RWA has
generated already connected
from the the group housing
Omaxe society's sewer
Heights water line into main
(Group sewer line of
Housing Omaxe City and the
Society was sewer water is
spread in treated at the STP
open green of Omaxe City. A
land and the few days the
President of Municipal Council,
RWA of the Palwal was laying
colony a line which was
present at the passing through
time of the Omaxe City and
inspection during excavation,
confirmed the sewer pipe of
that "आपको Group Housing was
अवगि बकया damaged and
जािा है बक hence due to
leakage, the water
ओमेक्स बसटी
was accumulated
पलवल में ग्रुप which was
हाउबसींग को हमने disposed and the
करीि 2 साल line was got
पहले हैं डोवर repaired thereafter
बलया था । िि से the Immediately.
सोसाइटी की line is
appropriately
दे खभाल का काम
working and the
हम ही कर रहे है । affected area is
हमारी सोसाइटी में being got cleaned
एक टे म्पररी and sanitized by
एसटीपी िना हुआ the RWA which will
था बजसका अि be completed
ओमेक्स के मैंन within 2-3 days
STP िनने के िाद (Letter of RWA and
site clean
िींद कर बदया था
photographs
िथा ग्रुप हाउबसींग enclosed as
को मैंन सीवर Annexure 3).
लाइन मे जोड
बदया था । अि
हमारी ग्रुप
हाउबसींगका सीवर
वाटर भी ओमेक्स
की मैंन एमटीपी
द्वारा टर ीट बकया
17
जािा है । आपको
यह भी अवगि
कराया जािा है बक
हमारे ग्रुप हाउस
के पास से
Municipal
Council, Palwal
वालो ने अमृि
योजना के अींिींगफि
ओमेक्स बसटी के
बिच में मे िोलागढ़
वा काशीपुर गााँ व
से सीवर लाइन
डाली थी, बजसके
कारण उन्ोींने
ओमेक्स बसटी की
मैंन मीवर लाइन
को डै मेज कर
बदया । बजसमे की
हमे मज़िूरी में
अपने सीवर वाटर
को 4 से 5 बदन के
बलए पास के
ओमेक्स के जमीन
में डालना पडा,
परीं िु अमृि योजना
की लाइन डालने
के वाद हमने
अपनी सीवर
लाइन को ओमे क्स
सीवर लाइन में
जोड बदया है अि
हमारा सीवर का
पानी ओमेक्स की
मैंन STP प्ाीं ट में
जा रहा है ।
English
Translation
by Tribunal:
"It is informed
that we took
over the group
housing in
Omaxe City
Palwal about
2 years ago.
Since then we
have been
taking care of
the society.
There was a
temporary
STP in our
society which
was closed
after the main
STP of Omaxe
was built and
18
the group
housing was
connected to
the main
sewer line.
Now the
sewer water
of our group
housing is
also treated
by the main
STP of
Omaxe. It is
also informed
that
Municipal
Council,
Palwal had
laid a sewer
line from
Dholagarh
and Kashipur
village in the
middle of
Omaxe City
near our
group house
under Amrit
Yojana, due
to which they
damaged the
main sewer
line of Omaxe
City. Due to
which we
were forced to
pour our
sewer water
into the
ground of
nearby
Omaxe for 4
to 5 days, but
after laying
the line of
Amrit Yojana,
we have
connected our
sewer line to
the Omaxe
sewer line,
now our
sewer water
is going to the
main STP
plant of
Omaxe."
(copy of the
letter
attached
R/3).
2 श्रीमान, जो लाइन • There are • A mechanism • The Maintenance • Yes, the regular
रे नवाटर हावेस्थटींग total 16 nos of has to be Agency cleans the cleaning of roof
19
के बलए कलोनी में RWH Bore developed by the RWH pits from time top rainwater
बिछाई गई है , well pits as maintenance to time, due to rainy connecting gully
बजसका काम है marked on agency of the season, there was traps and rain water
the layout colony to ensure some soil and harvesting bore well
बक िाररश का
plan and the regular cleaning debris accumulated pits for recharge of
पानी व्यथफ न िहे व complainant of roof top into the pits, as the ground water aquifer
जमीन के अन्दर took the joint rainwater rainy season is was observed at the
चला जाए, इस committee to connecting gully over, the site (Photos are
लाइन का one number traps and rain Maintenance attached as
कनैक्सन भी RWH pit and water harvesting Agency has started Annexure P-7). work
सीवर लाइन से there. was bore well pits for to clean all the pits order for regular
some quantity recharge of through the expert cleaning given to the
जोड रखा है , और
of stagnant ground water agency. However, it maintenance agency
सीवर का गींदा water which aquifer. is necessary to by the unit.
पानी जमीन के may be due to mention herein
बनचे जाकर पुरे non cleaning • HSVP has to that, after thorough • No intermixing of
पानी को प्रदू बषि of the rain provide external inspection at the sewer line with
कर रहा है बजससे water bore storm drainage site by the carrier pipe lines
भबवष्य में ररसी well and system for construction team was observed and
िडो समस्या का Linking of roof ultimate of the Company also there is no
trap collection connection of and maintenance blockage/overflow of
सामना करना पद
gully trap disposal of rain team at site (team) sewer lime in the
सकिा है leading to water of this it is not found premises.
bore well tap colony omaxe city anywhere that
English with some under the Sewer line and
Translation by sewer line provision of EDC Storm line are
Tribunal: This needs as occupancy is interconnected in
further increasing day any area of the
Sir, the line detailed by day. township. During
which has inspection the inspection, the
been laid in along the • A team has to be tram found that the
the colony for route of the put on the job water in stagnant
rainwater sewer line for with immediate near the plot no 356
harvesting, detecting effect by the and due to
whose job is fault and maintenance stagnant water for
to ensure that regular agency of the long time in rainy
the rainwater cleaning of omaxe city to season, the
does not flow RWH pits. A locate the fault of stagnant water
away and collection of intermixing changed its colour
goes inside rooftop rain sewer line with which the point
the ground, water gully carrier pipe lines committee
this line is trap was of roof top rain assumed that the
also shown in the water collection stagnant water is
connected to same locality gully trap to RWH Sewer water
the sewer which was pits and keep connected from
line, and the filled by the strict vigil in Sewer line. Further,
dirty water of debris. Thus future to avoid the Team found
the sewer is needs further intermixing of that there is
going regular sewage and ongoing
underground cleaning. The rainwater construction near
and polluting RWH pits are harvesting pits in the site and they
all the water, not found to future. put the construction
due to which be connected debris into the
we may have with the chamber of storm
to face a big sewer line. line as a result the
problem in the Rather line was blocked.
future. detailed The Maintenance
checking is Agency has
required to cleaned the line
ascertain the and now the storm
factual line is cleaned and
position to cleared. It is also
ensure that submitted that the
any sewer Company has
line have not checked all the roof
20
been top water pipe line
damaged due and till now no roof
to ongoing top water line is
construction found connected
activity and with Sewer line
linked with a which the team
carrier would keep
pipeline from checking in future
roof top rain and if any of the
water gully plot holders while
trap to RWH construction of
pits. house has
connected the
same, the same
would be rectified
on immediate
basis. It is to inform
that the sewer and
storm lines are laid
opposite to each
other across the
road, hence there
are no possibility
that both line can
be interconnected
at any point. It is
necessary to
mention herein that
the Complainant
Mr. Radhey Shyam
and one another
and resident was
constructing their
house at plot no
356 and 353
respectively and
constructed
Chambers outside
the berm of their
plot and installed a
combined chamber
of Sewer and Storm
and connected to
main sewer line
while they must
construct separate
chamber for storm
and sewer and to
be connected
separately into the
Sewer and Storm
main line. It is
submitted that
RWH pits shall be
rectified within a
period of 3 months
in the manner as
suggested by the
inspection
committee during
their site visit for
absorption of storm
water more
efficiently.
(Photographs
21
enclosed as
Annexure 4)
3 श्रीमान जी सीवरे ज The overflow of The cleaning of The sewer line The cleaning of
लाइन ओवरफ्लो sewer line near existing whenever gets existing sewerage
होने के कारण abandoned sewerage system overflowed due to system has been
STP and in immediately silt accumulated completed along with
हमारे घरोीं का
open green required to clear therein or due to the cleaning of STP (Photos
सीवर का पानी land near the blockages accumulation of are attached as
लाइन में न जाकर Omaxe Heights with the help of debris in manhole Annexure P-8)
कई िार घर में ही will have to be sewerage while raising
रुक जािा है cleaned as of cleaning construction by the
बजसके कारण now sewer line machines as lot of residents of the
भयींकर िदिू और of abandoned construction colony, the same is
STP as well as activities is going cleaned immediately
मच्छरोीं का
omaxe city in the colony to by the maintenance
मामना करना group housing ensure the agency. It is further
पडिा है colony is smooth flow of submitted that the
connected with sewer line to the sewer and storm line
English the sewer line STP in addition to laid in the colony is
Translation by leading to main measures cleaned routinely
Tribunal: STP. suggested at from time to time.
serial No.1
Sir, due to
overflow of
sewerage
line, many
times the
sewer water
of our houses
stops flowing
in the house
instead of
going into the
line, due to
which we
have to face
terrible
stench and
mosquitoes.
4 श्रीमान जी, मैं Some quantity Sufficient The Maintenance Door to Door to
बपछले दो वषों में of garbage capacity Organic Agency get collected collection of Solid
ओमैक्स बसटी waste was waste converter the garbage from the Waste from residences
found in the is required to be colony and the same of omaxe has already
पलवल में रह रहा
open empty installed for is dumped for been started by
हाँ , और इन दो back area treatment of segregation in the Municipal council,
वषों में न जाने behind STP in collected empty land owned Palwal. However, unit
बकननी िार Omaxe City biodegradable by the Company has provided 16
बलस्थखि व मौस्थखक and there was partage/waste located suitable far number of compost pits
बशकायि उन सि temporarily (wet waste) from the residential for waste generation
से की गई है , arrangement of area. from green belts.
biodegradable
बजनसे इस
pits for For segregated
समस्या के disposal of wet dry waste, a
समािान का waste and regular
सरोकार है , बजसमें segregated dry mechanism have
ओमैक्स बलबमटे ड, waste was to be developed in
उसकी partner collected/ coordination with
Company, m/s stored in the Municipal
सानवी प्राइवेट open area. Council, Palwal
for regular lifting
बलबमटे ड, व
/disposal of
मेंटेनेंस बवभाग से collected dry
सींिींबिि सभी waste from the
22
व्यस्थि । श्रीमान waste
जी, जहााँ एक segregation yard
िरर् माननीय of the colony.
प्रिानमींत्री जी
माननीय मुख्यमींत्री
जी "राष्ट्रीय
स्वच्छिा बमशन"
को सर्ल िनाने
के बलए हर सीं भव
प्रयास कर रहे है ,"
एक कदम
स्वच्छिा की ओर "
व "स्वच्छिा हे
सेवा" जैसी
टै गलाइन पर कम
कर रहे है वही
कुछ लोग बसर्फ
अपनी जेवो को
भरने में लगे है
और स्वच्छिा
बमशन को नाकाम
करने की भरपूर
कोबशश कर रहे
है ।
English
Translation
by Tribunal:
Sir, I have
been living in
Omaxe City
Palwal for the
last two
years, and in
these two
years written
and oral
complaints
have been
made many
times to all
those who are
concerned
with solving
this problem,
which
includes
Omaxe
Limited, its
partner
company,
m/s Sanvi
Private
Limited, and
all persons
related to the
maintenance
department.
Sir, while on
one hand the
Hon'ble Prime
23
Minister and
Hon'ble Chief
Minister are
making all
possible
efforts to
make the
"National
Swachhata
Mission"
successful,
they are
working on
taglines like
"Ek Kadam
Swachhata Ki
Ore" and
"Swachhata
Hi Seva", on
the other
hand some
people are
busy just
filling their
pockets and
are trying
their best to
fail the
Swachhata
Mission.
Reply dated 15.09.2023 filed by HSVP (respondent 3):
9. Respondent 3 i.e., HSVP also has filed its reply dated 15.09.2023 stating that Part Completion Certificate was issued to project proponent in respect of residential project in question vide memo dated 28.05.2012 on certain terms and conditions and with regard to disposal of sewage/storm water drain, condition no. 8 reads as under:
"viii) That you will make arrangement for water supply, disposal of sewerage and drainage at your own, as no HUDA services are available in this area at present. You shall comply upon the conditions of affidavit given in the office of CA, HUDA, Panchkula highlighting the following:-
1. That you will provide water for drinking water purposes as per the requirement till the arrangements are made by HUDA/State Govt.
2. That you shall make your own arrangement for drinking water and disposal of sewerage/SWD till arrangement of external services made by HUDA and if the bed level of internal sewer/SWD do not match/tally with the external services to be laid by HUDA and later on any pumping is required for disposal of sewerage and SWD as per 24 the guidelines of Haryana Sate Pollution Control Board/Environment Department till the external services are provided by the HUDA/State Govt. as per the scheme."
10. Thus, project proponent was required to make its own arrangements for proper disposal of sewage and storm water till master services are laid down in the area. HSVP has not laid down any master road and other services since land has not made available, though, letter dated 15.05.2023 has been sent to Land Acquisition Officer, Faridabad to take up the matter with Competent Authority to make the land available.
Reply dated 29.01.2024 filed by HSPCB:
11. A further reply dated 29.01.2024 has been filed by HSPCB stating that for compliance with the recommendations of Joint Committee, it issued a letter to HSVP and project proponent on 30.12.2023 in reply thereof, HSVP has informed that master sewerage system is handed over to PHED and laid by Municipal Corporation, Palwal. Municipal Corporation, Palwal has allowed project proponent to connect outlet of STP to master sewage line which was passing through Omaxe City, Palwal. The pointwise compliance was submitted by project proponent and it was verified by visiting the site on 18.01.2024 and factual position after verification is as under:
"Status of site in Original Application No. 79/2022 Radhey Shyam & Ors. Vs State of Haryana Sr. Recommendations of Joint Factual position as per No. Committee Verification dated 18.01.2024 The management of M/s The company has installed STP of 1 Omaxe city, Palwal should phytorid technology which uses have to immediately take up certain specific plants that can the construction of proper and absorb nutrients directly from regular boundary wall of STP. wastewater, the water samples from inlet and outlet of the STP were collected on 18.01.2024 and sent to 25 HSPCB lab for testing. As per Analysis Report no. 1910 dated 25.01.2024, all parameters are within permissible limits. The boundary wall/Covering of STP is provided with GI Sheets Structure.
Unit has also planted Trees and hedges near the boundary wall and during inspection, no foul odour was found near STP. (Photographs of STP is attached as Annexure R1, Photographs of GI sheet boundary around the STP is attached as Annexure R- 2 and analysis report is attached as Annexure R- 3) 2 A separate pipeline has to be A separate pipeline for treated waste laid for carrying and use of water has already been laid for treated sewage from STP for carrying and use of treated sewage reuse in gardening/ flushing, from STP for reuse in gardening in as per the EC conditions Ultra various green belts and parks. Violate radiation system for (Photographs are attached as disinfection System of treated Annexure R-4) effluent has to be installed at the STP before the reuse of the Yes, the unit has installed Ultra treated sewage /effluent as Violate radiation system for per the EC conditions. disinfection System of treated effluent and found in working condition. (Photographs are attached as Annexure R-5) The total discharge of the project proponent is approx 500 KLD and the STP installed is of capacity 1000 KLD. The treated effluent is being reused for gardening purpose only and the left over treated effluent is being discharge through public sewer.
3 HSVP has to provide master HSVP replied that the master external sewer system for sewerage system has been handed ultimate connection for over to PHED and has been laid by MC discharge of excess treated Palwal. MC Palwal has allowed the sewage during rainy season project proponent to connect the outlet and winter season as of the STP to the master sewage line occupancy of the colony is which was passing through the Omaxe 26 increasing day by day with City Palwal. (Photos are enclosed as the passage of time. Annexure R-6) 4 The abandoned STP needs Abandoned STP has been cleaned immediate cleaning and and permanently closed permanent closure/ (Photographs are attached as dismantling to avoid further Annexure R-7). The unit has collection of water. The submitted the capacity certificate capacity of existing STP has to from the Habitat Engineering be got certified by the reputed service Consultant (Copy attached institution and future as Annexure R-8). Further the unit expansion of STP is also has submitted that Since the required keeping in view of existing STP of 1000 KLD is increase in the occupancy day sufficient to cater the existing by day. effluent water load of present population, whenever population/ inhabitancy is increased M/s Omaxe City, Palwal shall ensure to increase the capacity.
5 The accumulated untreated The accumulated untreated sewage sewage near Omaxe heights near Omaxe heights was due to (group housing) also need damaging of sewer pipe by MC Palwal immediate cleaning. for laying their sewer line which was passing through Omaxe city Palwal.
The line was repaired by project proponent and same was verified on 04.02.2023. At present also there is no accumulated sewage near Omaxe heights. (Letter dated 06.09.2022 of RWA was also received.
Copy of said letter and photographs of cleaned site is enclosed as Annexure R-9 and R-10).
6 A mechanism has to be Cleaning of Rain water harvesting developed by the pits work has already been done maintenance agency of the and as per requirements the work is colony to ensure regular regularly being done by the cleaning of roof top rainwater Maintenance Agency and same was connecting gully traps and verified on 04.02.2023. (Copy of work rainwater harvesting bore order along with photographs is well pits for recharge of attached as Annexure R- 11). ground water aquifer.
7 HSVP has to provide external The unit has already provided 16 storm drainage system for nos. of RWH pits for recharge of 27 ultimate connection of groundwater and the latest disposal of rain water of this photographs are attached as colony Omaxe city under the Annexure R-12) provision of EDC as occupancy is increasing day by day.
8 A team has to be put on the No intermixing of sewer line with job with immediate effect by carrier pipe lines was observed the maintenance agency of during inspection and also there is the Omaxe city to locate the no blockage/overflow of sewer line fault of intermixing sewer line in the premises. Such work order for with carrier pipe lines of roof regular cleaning given to the top rain water collection gully maintenance agency by the unit is trap to RWH pits. attached as Annexure R-13.
9 The cleaning of existing The cleaning of existing sewerage sewerage system is system has been completed along immediately required to clear with cleaning of STP (Photographs the blockages with the help of are attached as Annexure R-14) sewerage cleaning machines as lot of construction activities is going in the colony to ensure the smooth flow of sewer line to the STP in addition to measures suggested at serial No.1 10 Sufficient capacity Organic Unit has provided 16 number of waste converter is required to compost pits for waste generation from be installed for treatment of green belts. Photographs are attached collected biodegradable as Annexure - 15. garbage /waste (wet waste).
11 For segregated dry waste, a During inspection, it was found that 16 regular mechanism have to be nos. of waste compost pits is provided developed in coordination by the project proponent. However, with Municipal Council, Door to Door collection of Solid Waste Palwal for regular from residences of Omaxe is being lifting/disposal of collected done by Municipal Council, Palwal dry waste from the waste regularly. Moreover, if any solid waste segregation yard of the found left over in the premises of colony. Omaxe City Palwal, than it is being disposed in the compost pits as intimated by the project proponent during inspection.28
Submission by applicant filed on 14.02.2024:
12. Resident Welfare Association (hereinafter referred to as 'RWA'), Phase-II, Omaxe City, Palwal sent a letter dated 04.02.2024 stating that there is negligence on the part of project proponent in sewerage disposal, rain water harvesting, green belt development and solid waste management of STP. It has given the details of the above deficiencies as under:
"1. It is stated that the Green belt area of society is 8.39% of total area of project as per approved map.
a) 18-meter-wide green belt has not been developed by the project proponent, although its development work was started by them as per the instructions of PCB Palwal on 31.01.2024. It is prayed that the project proponent may be directed to install precast boundary wall on the external side of the green area of the project and wire mesh fencing on the inner side to protect it from stray animals and trespassers.
b) 2-meter-wide green belt along all internal ways partially developed and are filled with garbage.
2. Park situated at phase - II has not yet been developed despite as directed by PCB Palwal on 31.01.2024.
3. All manholes of sewer line have not yet been repaired.
4. The temporary pipeline for disposal of STP water of Phase-II has not been dismantled yet. It is most responsible for spreading pollution in and around the streets of the township.
5. The rain water harvesting line has not been cleaned yet in phase-II, due to which dirty water spreads in the streets.
6. The rain water pit in front of plot number 750 in phase-II has not yet been connected to the RWH line which is nearly 10 m long.
7. External storm water drainage system not yet provided.
8. There are potholes on the main road and internal roads of the society and soil has accumulated on the roads, which is another main reason for the spread of pollution.29
9. Since the project proponent has not completed the project compliance and has not obtained its completion certificate from the competent authority."
Tribunal's Order dated 19.02.2024:
13. HSPCB's report filed vide e-mail dated 29.01.2024 and written submissions dated 14.02.2024 filed by applicant were considered by Tribunal on 19.02.2024. After referring the same, Tribunal directed respondent 5 to specifically submit a response giving details regarding completion of the project, Completion Certificates obtained by it from Competent Authority, development of green belt and maintenance of STP and drainage system.
Submission by applicant filed on 20.05.2024:
14. Vide letter dated 20.05.2024, RWA has given comments regarding further compliance/partial compliance/non-compliance to status report on the points mentioned in its earlier letter dated 04.02.2024, as under:
S. Written Request Response/compliance/non- No. Submitted by Applicant on compliance by respondent 14.02.2024 and Ordered no.5 by 19.05.2024 by Hon'ble Bench on dated
19.02.2024
1. It is stated that the Green belt area of society is 8.39% of total area of project as per approved map.
a) 18-meter-wide green belt a) a) 18-meter-wide green has not been developed belt area has been by the project proponent, cleared but not although its development developed. Precast work was started by boundary wall has been them as per the partially done. According instructions of PCB to the project proponent, Palwal on 31.01.2024. It the said green belt is not is prayed that the project a part of the project, proponent may be however it is shown in 30 directed to install precast the approved map of the boundary wall on the project. The concerned external side of the green authority (DTCP area of the project and Haryana) may be wire mesh fencing on the directed to produce the inner side to protect it record of the green belt from stray animals and shown in the sanctioned trespassers. layout plan and the actual green belt developed by the project proponent.
b) 2-meter-wide green belt b) Incomplete repair was along all internal ways done. some area is lying partially developed and there as it is.
are filled with garbage.
2. Park situated at phase-II has Work in progress.
not yet been developed despite as directed by PCB Palwal on 31.01.2024.
3. All manholes of sewer line The work is completed.
have not yet been repaired.
4. The temporary pipeline for No efforts have yet been disposal of STP water of made by the project Phase-Il has not been proponent to improve its dismantled yet. It is most condition. In joint inspection responsible for spreading with SDM Palwal on pollution in and around the 08/05/2024, the project streets of the township. proponent informed that they are going to install a new STP for Omaxe City Phase-2.
Although an STP already exists in Phase-I, its treated water was never used for the green area of the project.
While some hydrants of treated water have been installed in green area, they are being used only for photography on any inspection occasion.
Disposal of sewerage water by STP completely 31 depends on the availability of power, operational condition of machinery and other related factors, which are mostly non-operational resulting in sewerage water flowing on the roads at any time. Therefore, installation of new STP in Phase-2 is more likely to cause sewer water pollution.
The main sewer line of MC Palwal is passing through this project (Omaxe City) and permission has already been received from MC Palwal authorities to connect Omaxe sewer line to it. There is sufficient technical possibility to gravitationally connect Omaxe City sewer line to MC Palwal main sewer line. It is a humble prayer to the Hon'ble Bench that in order to permanently stop the pollution caused by sewer water, the sewer line of Omaxe City Phase-1 and Phase-2 should be connected to the main sewer line of MC Palwal in a gravitational manner so that the sewer water Can be sent directly by gravitational force without running the pump.
5. The rain water harvesting line Partially done has not been cleaned yet in phase-II, due to which dirty water spreads in the streets.
326. The rain water pit in front of The work is completed.
plot number 750 in phase-II has not yet been connected to the RWH line which is nearly 10 m long.
7. External storm water Not yet provided.
drainage system not yet provided.
8. There are potholes on the Partially done.
main road and internal roads of the society and soil has accumulated on the roads, which is another main reason for the spread of pollution.
9. Since the project proponent It appears that no efforts has not completed the project have been made so far by the compliance and has not project proponent to obtain it:
obtained its completion The Hon'ble Bench is humbly certificate from the competent prayed to strongly direct the authority. project proponent to obtain the complete and final completion certificate of this project and hand it over to MC Palwal.
Response by respondent 5 filed on 21.05.2024:
15. Respondent 5 has replied to the points raised by RWA, vide response dated 21.05.2024 and point wise compliance status in a tabular form has been given as under:
S. Written Submissions of Response No. Applicant as per Order dated 19.02.2024 1 Green Belt area of Society is It is submitted that the Green 8.39% of total area of project belt area of society Omaxe City, as per approved map. Palwal is available at site as per approved Layout Plan by Directorate of Town & country Planning, Chandigarh.
33
A. 18m wide green belt has It is submitted that the 18- not been developed by Meter-wide green belt area the project proponent, land is not the part of although its development Licensed area land of work was started by project proponent. Further them as per the the project proponent has instructions of PCB constructed approx. 200 Palwal on 31.01.2024. It Meter precast boundary is prayed that the project wall on the external site of proponent may be green area of the license directed to install precast area of the township. To boundary wall on the barricade mesh fencing on the external side of the green inner side of the project is area of the project and outside the limits of the project wire mesh fencing on the as there are many Revenue inner side to protect it Raste and village link road from stray animals and passing through the township stray trespasser. and connecting to the villages through the township.
B. 2-meter-wide green belt All green belt areas of the road
along all internal ways berms have already been
partially developed and developed by the project
filled with garbage. proponent and the project
proponent has obtained
completion certificate from the concerned authority.
2 Park Situated at Phase-II Park situated at phase-II is has not yet been developed part of Sector Road, the despite as directed by PCB project proponent has already Palwal on 31.01.2024 developed this area up to Sector Road as a Park.
3 All manholes of sewer line It is submitted that the project have not yet been repaired. proponent has repaired all manholes in the project and also doing routine of maintenance work manholes at project site. True Copies of the Photographs are annexed herewith and marked as Annexure-1 (Colly.) 34 4 The temporary pipeline for It is submitted that for disposal disposal of STP water of of STP water of Phase-II, there Phase-II has not been is a permanent pipe line for dismantled yet. discharging STP water for treating untreated sewer water from STP Phase-2 to STP Phase-1. Due to this process no sewer water is spreading or causing pollution in and around the streets of the township.
5 The rain water harvesting Rain water harvesting line has line has not been cleaned, been cleaned in Phase-II, no yet in Phase-II, due to which dirty water is spreading in the dirty water spreads in the street. True Copies of the streets. Photographs are annexed herewith and marked as Annexure-2 (Colly.) 6 The rain water pit in front of The rain water pit in front of plot number 750 in phase-II plot number 750 in Phase-II is has not yet been connected connected to the RWH by the to RWH line which is nearly project proponents. 10m long. True Copies of the Photographs of connected RWH are annexed herewith and marked as Annexure-3 (Colly.) 7 External storm water In reply to external Storm water drainage system not yet drainage system, it is provided. submitted that the discharge of storm water in 1 point is to be provided by the Haryana Shehri Vikas Pradhikaran (HSVP). However, discharging of Storm water up to the 1 point is being done through RWH pits in the township by project proponent.
8 Potholes on the main road Certain roads such as the main and internal roads of the road and internal roads of the society and soil has society are village link roads accumulated on the roads. and revenue Rasta passing through the township 35 approaching main road from phase 1 and phase 2 and hence are thorough fares.
There is admittedly heavy traffic on those roads as compared to the other roads.
9 Project Proponent has not The project proponent after completed the project development of township as compliance and has not per sanctioned layout plans obtained its completion has obtained part completion certificate from the certificate from the office of competent authority. DTCP, Chandigarh on 28.05.2012. However, there is an area of land of approx 0.4 acres in the township which is dedicated for community sites which is yet to be developed for which reason, the completion certificate for the township is pending.
16. Respondent 5 also with reference to the directions given by Tribunal in its order dated 19.02.2024 in para 3 has submitted its response giving details as desired by Tribunal in the form of a chart as under:
S. REQUISITE RESPONSE
No. DETAILS
1. Completion The Project Proponent has already completed
of Project development and construction work of the
entire township and part completion certificate U/Rule 16 of the Haryana Development and Regulation of Urban Areas Rules, 1976 granted by the Directorate of Town & Country Planning, Haryana on 28.05.2012 vide memo no. DS(N)/LC- 667(III)/2012/4149.
Further the maintenance of common area services in the township has been handed over to a nominated maintenance agency. The Residents of township are to pay their maintenance charges directly to the nominated maintenance agency.
362. Obtaining of The project proponent has obtained part Completion completion Certificate from the office of DTCP, Certificates Chandigarh on 28.05.2012. However, there is an area of land of approx 0.4 acres in the township which is dedicated for community sites which is yet to be developed for which reason, the completion certificate for the township is pending.
3. Development The entire green belt area of the road berms of Green Belt has already been developed by the project proponent and the project proponent has obtained part completion certificate from the concerned authority on 28.05.2012. True Copy of Part Completion Certificate dated 28.05.2012 is annexed herewith and marked as Annexure-4.
4. Maintenance The project proponent has appointed a of STP and maintenance agency namely M/s Shanvi Drainage Estate Management Services Pvt. Ltd., a System Company, regd., under the Companies Act, for providing necessary maintenance services of common area like STP, drainage system, Sewer line, Storm Line, RWH, Roads, Green Belt, cleaning of Common area etc. M/s Shanvi Estate Management Services Pvt. Ltd., has entered into an agreement with the individual owners of units for maintenance of common areas. Said Maintenance Agency is maintaining the common area of Township properly. However, it is necessary to mention herein that in plotted colony approx. 95% of residents are not paying maintenance charges to Maintenance Agency. As per the information available with the answering Respondent, the total amounts due towards the maintenance charges as on 31.02.2024 is about Rs. 6,88,43,867/-.
Joint Inspection Report by HSPCB filed on 21.05.2024:
17. After verification of the above facts stated by respondent 5, HSPCB has submitted its Report dated 21.05.2024 giving factual position in a tabular form as under:37
Sr. Objections filed by Factual position as per Verification No. the Applicants dated 19.02.2024 It is stated that the 1. As per report of DTP, the Green 1 Green belt area of Belt and Parks have been found society is 8.39% of total correct as per approved layout area of project as per cum demarcation plan of the approved map. license granted colony Omaxe City (Phase-I & II) and same
a) 18-meter-wide green have been marked on the copy belt has not been of layout cum demarcation developed by the plan with blue colour. Copy project proponent, attached herewith for reference as although its ANNEXURE-A development work was started by them as per the a. As submitted by DTP vide memo no.
instructions of PCB DTP/M-2233 dated 15-05-2024, it Palwal on is stated that "18.00 mtr wide 31.01.2024. It is green belt is not part of license prayed that the granted colony and it is project proponent proposed green belt along may be directed to proposed 75.00 mtr wide install precast peripheral road on both sides. boundary wall on The same has been marked on the external side of the layout plan of the the green area of the residential plotted colony". project and wire mesh fencing on the Further, during site inspection, it inner side to protect was observed that the precast it from stray animals boundary wall has not been and trespassers. provided by the project proponent.
b) 2-meter-wide green b. 2 meter wide green belt along all belt along all internal ways are developed and internal ways cleaned but plantation/greening partially developed is under process and not and are filled with completed by the project garbage. proponent yet. Further, the work purchase order for various plants/trees/grass for maintaining green area has already been accorded by the project proponent (Copy attached as ANNEXURE-B).
2 Park situated at phase - Park situated in phase - II has been II has not yet been cleaned but plantation/greening is 38 developed despite as under process. directed by PCB Palwal on 31.01.2024.
3 All manholes of sewer During inspection no unrepaired /open line have not yet been manholes were observed by the team. repaired.
4 The temporary pipeline The pipeline for disposal of STP water for disposal of STP of phase-II is required to carry the water of Phase-II has sewage from the collection tank not been dismantled maintained near second STP (Phase-II) yet. It is most to the operational main STP (capacity responsible for 1000 KLD) for treatment of domestic spreading pollution in effluent as the phase-II STP was and around the streets completely dismantled and closed of the township. permanently in compliance of directions issued by joint committee. Further, the project proponent has accorded the work order for installation of 800 KLD STP at the same site of phase-II STP after which the pipeline would be dismantled permanently (Copy of work order attached as Annexure-C). As per the environment clearance granted to the unit by MOEF vide no. 21-742/2007-IA.III dated 14-03-2008, the project proponent will treat it sewage in STP of 1800 KLD capacity. The Analysis report of water sample collected on 08.05.2024 from inlet and outlet of 1000 KLD STP is attached as Annexure-C1.
No such spreading of domestic effluent in and around the streets of the township was found during inspection as claimed by the complainant.
Photographs of site inspection is attached as Annexure-D. 5 The rain water Rain water harvesting line has been harvesting line has not cleaned in Phase-II, no dirty water was been cleaned yet in found spreading on the street during phase-II, due to which inspection. Photos attached as dirty water spreads in Annexure-E. the streets.
396 The rain water pit in The rain water pit in front of plot front of plot number 750 number 750 in Phase-II was found in phase-II has not yet connected to the RWH during been connected to the inspection. RWH line which is Photograph of connected RWH is nearly 10 m long. attached as Annexure-F. 7 External storm water The project proponent has provided 16 drainage system not yet nos. of RWH pits in the residential provided colony as per the approved building plan and also as per environmental clearance dated 14.03.2008 granted by MOEF& CC to the project proponent, the project proponent is required to recharge ground water by rain water harvesting.
Further, there is no requirement of external storm water drainage line as per the conditions of Environment Clearance.
8 There are potholes on During inspection, one patch of road the main road and was observed with potholes and internal roads of the project proponent was directed to society and soil has repair the same. Further, rest of the accumulated on the roads were found in sound condition. roads, which is another main reason for the spread of pollution.
9 Since the project The project proponent has not been proponent has not granted completion certificate yet completed the project however part completion has been compliance and has not granted and the copy of the same is obtained its completion attached as Annexure-G. certificate from the competent authority.
Objections by respondent 5 to the Joint Inspection Report dated 21.05.2024:
18. Respondent 5 has submitted its objections to the report dated 21.05.2024 filed by HSPCB and the objections have also been raised in a tabular form as under:
40
Sr. Written Response dated Objections to the No. Submissions 21.05.2024 by Joint Joint Committee by the Committee to the Report dated Applicant Written 21.05.2024 by dated Submissions by the Respondent No. 5 14.02.2024 Applicant 1 The Green Belt 1. As per the report of a. Approx. 200 mtr.
area of Society DTP, Green Belt and a boundary wall of is 8.39% of the Parks have been an open area near total area of the found correct as per the STP has been project as per approved layout cum constructed by the approved map. demarcation plan of Respondent No. 5.
the license granted A Copy of
a) 18m wide colony Omaxe City Photograph is
green belt has (Phase-I-II) and the annexed as
not been same have been Annexure R-1.
developed by marked on the copy of
the project the layout cum
proponent, demarcation plan with b. 2 mtr. wide
although its blue color. Coy green belt area on
development attached herewith for both sides of the
work was reference as internal road have
started by them Annexure-A. been
as per the developed/cleaned
instructions of a. As submitted by and it is being
PCB Palwal on DTP vide Memo looked after as a
31.01.2024. It DTP/M-2233 No. part of the regular
is prayed that dated 15.05.2024, it process by the
the project is stated that "18.00 Respondent No. 5.
proponent may mtr wide green belt is Photocopies are
be directed to not part of license annexed as
install precast granted colony and it Annexure R-2.
boundary wall is proposed green belt
on the external along proposed 75.00
side of the green mtr. Wide peripheral
area of the road on both sides.
project and wire The same has been
mesh fencing on marked on the layout
the inner side to plan of the residential
protect it from plotted colony.
stray animals
and stray
trespasser.
b) 2-meter-wide
green belt along
41
all internal
ways partially
developed and
are filled with
garbage.
Further, during site
inspection, it was
observed that the
precast boundary
wall has not been
provided the by
Project Proponent.
b. 2 meter wide green
belt along all internal
ways are developed
and cleaned but
plantation/greening is
the under process and
not completed by
project proponent yet.
Further, work the
purchase order for
various plants/trees
/grass for
maintaining green
area has already been
accorded by the
project proponent
(Copy attached as
Annexure - B).
2 Park Situated at Park situated in No Comments
Phase-II has not Phase-II has been
yet been cleaned but
developed plantation/ greening
despite as is under process.
directed by PCB
Palwal on
31.01.2024.
3 All manholes of During inspection, no No Comments
the sewer line unrepaired/open
have not yet manholes were
been repaired. observed by the team.
42
4 The temporary The pipeline for the It is submitted that
pipeline for disposal of STP water Project Proponent
disposal of STP of Phase-II is required has already
water of Phase- to carry the sewage constructed 2 STP
II has not been from the collection of phytorid
dismantled yet. tank maintained near technology in
It is most second STP (Phase-II) Phase-I Phase-II of
responsible for to the operational the Project. But due
spreading main STP (capacity to low occupancy
pollution in and 1000 KLD) for in the Project, only
around the treatment of domestic one STP of 1000
streets of the effluent as the phase- KLD is operational
township. II STP was completely in Phase-I. Now the
dismantled and Occupancy in the
closed permanently in Project is
compliance of increasing
directions issued by gradually and in
joint committee. the meanwhile the
Further, the project Haryana Pollution
proponent has Control Board
accorded the work (HPCB) changed
order for installation the norms of STP
of 800 KLD STP at the specifications. Now
same site of Phase-II the Project
STP after which the Proponent is
pipeline would be developing an STP
dismantled of Phase-1 and
permanently. (Copy of Phase-II as per the
work order attached norms of new
as Annexure C). As specifications of
per the environment HPCB. Both STPs
clearance granted to will be
the unit by MOED vide operational with
No. 21-742-2007-IAIII a new technology
dated 14.03.2008, the at the earliest. It
project proponent will is further
treat its sewage in submitted that the
STP of 1800 KLD STP of 1000 KLD in
capacity. The analysis Phase-I of the
report of water sample Project is fully
collected on operational.
08.05.2024 from inlet
and outlet of 1000
KLD STP is attached
Annexure-C1.
43
No such spreading of
domestic effluent in
and around the
streets of the
township was found
during inspection as
claimed by the
complainant.
Photographs of the
site inspection are
attached as Annexure
- D.
5 The rain water Rain Water No comments.
harvesting line Harvesting Line has
has not been been cleaned in
cleaned, yet in Phase-II, no dirty
Phase-II, due to found water was
which dirty spreading on the
water spreads street during
in the streets. inspection. Photos
attached as
Annexure-E
6 The rain water The rain water pit in No comments.
pit in front of front of plot No. 750 in
plot number 750 Phase-II was found
in phase-II has connected to RWH
not yet been during inspection.
connected to Photograph of
RWH line which connected RWH is
is nearly 10m attached as Annexure
long F.
7 External storm The project proponent The Respondent
water drainage has provided 16 nos. No. 5 has paid
system not yet of RWH pits in the External
provided. residential colony as Development
per the approved amount to the
building plan and also DTCP/HSVP to
as per environmental provide extra
clearance dated services in one
14.03.2008 granted point line water,
by MOEF and CC to sewer storm and
the project proponent, road but
the project proponent DTCP/HSVP has
is required to recharge
44
ground water by rain not provided any
harvesting. Further, services.
there is no
requirement of an The storm water is
external storm water being discharged
drainage line as per through RWH pits
the conditions of in the township.
Environment (True copies of the
Clearance Photograph of the
RWH Pits are
annexed herewith
and marked as
Annexure R-3).
8. Potholes on the During inspection, one Certain roads such
main road and patch of road was as the main road
internal roads observed with and internal roads
of the society potholes and the of the society are
and soil has project proponent was village link roads
accumulated on directed to repair the and revenue Rasta
the roads. same. Further, the passing through
rest of the roads were the township
found in sound approaching main
condition. road from Phase 1
and Phase 2 and
hence are
thoroughfares.
There is admittedly
heavy traffic on
those roads as
compared to the
other roads. The
village connection
road from
Dhaulagarh to
Panchwati is the
part of MC, Palwal.
9 Project The project proponent The project
Proponent has has not been granted proponent after
not completed completion certificate development of
the project however, part township as per
compliance and completion has been sanctioned layout
has not granted and the copy plans has obtained
obtained its of the same is part completion
completion attached as certificate from the
certificate from Annexure-G. office of DTCP,
45
the competent Chandigarh on
authority. 28.05.2012.
However, there is
an area of land of
approx 0.4 acres in
the township
which is dedicated
for community
sites which is yet
to be developed for
which reason, the
completion
certificate for the
township is
pending. It is
further submitted
that the Part and
final completion
certificate is only
for external
services. The land
of approx. 0.4
acres in the
township which is
dedicated for
community sites
has been sold to
individual
allottee(s) which is
yet to be developed
by the individual
allottee(s) for
which reason, the
completion
certificate for the
township is
pending.
Compliance Affidavit filed by respondent 5 on 20.08.2024:
19. In order to show compliance of environmental laws on the part of respondent 5, it has filed a compliance affidavit dated 13.08.2024 placing on record various documents including No Objection Certificate 46 (hereinafter referred to as 'NOC'), Clearance, Consent, Authorisation, etc. and details of the documents have been summarised as under:
"3. No Objection Certificate (NOC) dated 09.02.2007 was issued by the Haryana State Pollution Control Board (HSPCB) to Respondent company from pollution angle, in connection with the environmental clearance requirement for the project from the Ministry of Environment & Forests (MoEF), Govt. of India. True copy of the NOC dated 09.02.2007 issued by the Haryana State Pollution Control Board (HSPCB) is annexed hereunder as Annexure R-1.
4. Environmental Clearance (EC) dated 14.03.2008 was granted for the "Omaxe City" township project at Village Palwal by MoEF under the provisions of the EIA Notification, 2006. True copy of the EC dated 14.03.2008 granted by MoEF is annexed hereunder as Annexure R-2.
5. Partial Completion Certificate dated 21.03.2012 was issued by the Senior Town Planner (STP), Faridabad Circle, Faridabad to the project proponent, on an application made for the area measuring 102.461 acres (75.174 + 27.287 acres) in Sectors 11 & 14, Palwal, Haryana licensed for development from 2006- 2007. True copy of the Completion Certificate dated 21.03.2012 issued by the STP, Faridabad Circle is annexed hereunder as Annexure R-3.
6. Part Completion Certificate dated 28.05.2012 was granted by the Director, Town & Country Planning (DTCP), Haryana to the project proponent for the above-said licensed colony area of 102.461 acres in Sectors 11 & 14, Palwal. True copy of the Part Completion Certificate dated 28.05.2012 granted by the DTCP, Haryana is annexed hereunder as Annexure R-4.
7. Consent to Establish (CTE) dated 06.10.2014 was issued to the project by HSPCB under the Air Act, 1981 and Water Act, 1974. True copy of the CTE dated 06.10.2014 issued by HSPCB is annexed hereunder as Annexure R-5.
8. Authorization dated 30.12.2014 was granted to the project by HSPCB under the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 for a period up to 28.03.2015. True copy of the Authorization dated 30.12.2014 granted by HSPCB is annexed hereunder as Annexure R-6.
9. Consent to Operate (CTO) dated 30.12.2014 was issued to the project proponent by HSPCB under the Water Act, 1974, initially 47 for the limited period from 30.12.2014 to 28.03.2015 for the purpose of trial production/operation. The consent allows the proponent to discharge up to 700 KLD of treated domestic effluent during this period. True copy of the CTO dated 30.12.2014 issued by HSPCB under the Water Act is annexed hereunder as Annexure R-7.
10. Consent to Operate dated 30.12.2014 was issued under the Air Act, 1981 for the corresponding trial period, allowing the proponent to operate its DG sets and emit the associated air pollutants within permissible limits subject to parallel conditions for Air quality. True copy of the CTO dated 30.12.2014 issued by HSPCB under the Air Act is annexed hereunder as Annexure R-
8.
11. CTO dated 01.04.2015 was granted to the project by HSPCB under the Air Act for the period from 01.04.2015 to 31.03.2016, i.e. consequent to the trial period. True copy of the CTO dated 01.04.2015 granted by HSPCB under the Air Act is annexed hereunder as Annexure R-9.
12. CTO dated 01.04.2015 was issued under the Water Act from 01.04.2015 to 31.03.2016, allowing discharge of sewage up to 700 KLD after adequate treatment in the project's STP as per prescribed norms. It also stipulates rigorous conditions pertaining to operation and maintenance of the STP, usage/disposal of treated sewage, flow-metering, reporting of effluent analysis results, rainwater harvesting, and waste management. True copy of the CTO dated 01.04.2015 issued by HSPCB under the Water Act is annexed hereunder as Annexure R-10.
13. Consolidated Consent to Operate was issued by HSPCB to the project under the Air and Water Acts on 18.12.2015, for the period up to 31.03.2019. The CTO provides for the air emissions from its DG sets, with composite conditions for prevention and control of pollution. True copy of the CTO dated 18.12.2015 issued by HSPCB is annexed hereunder as Annexure R-11.
14. CTO dated 03.02.2019 was granted Water Act for the period from 01.04.2019 to 30.09.2020. It stipulates that the project shall submit environmental statements by 30th September and effluent analysis reports by 31st March every year, and comply with the standards prescribed under Environment (Protection) Rules, 1986. True copy of the CTO dated 03.02.2019 granted by HSPCB is annexed hereunder as Annexure R-12.48
15. CTO dated 11.08.2020 was renewed for the period from 01.10.2020 to 30.09.2021. True copy of the CTO dated 11.08.2020 renewed by HSPCB is annexed hereunder as Annexure R-13.
16. CTO dated 12.08.2021 was further extended for the period from 01.10.2021 to 30.09.2022. True copy of the CTO dated 12.08.2021 extended by HSPCB is annexed hereunder as Annexure R-14.
17. Latest CTO dated 18.08.2022 was issued for the period from 10.10.2022 to 30.09.2024. True copy of the latest CTO dated 18.08.2022 issued by HSPCB is annexed hereunder as Annexure R-15.
18. STP treated sewage analysis report dated 28.01.2024 of the samples collected from the inlet and outlet of the project's STP on 28.01.2024 was conducted. The analysis has been conducted at a laboratory approved under the Environment (Protection) Act, 1986 and the detailed results indicate the satisfactory functioning of the STP and the treated sewage quality within the norms. True copy of the STP treated sewage analysis report dated 28.01.2024 is annexed hereunder as Annexure R-16.
19. Show-cause notice dated 01.02.2024 was issued by the Regional Officer, HSPCB, Palwal to the project proponent based on a complaint regarding discharge of untreated sewage from Omaxe City into the revenue drain and Bhanguri Distributary. True copy of the show-cause notice dated 01.02.2024 issued by the Regional Officer, HSPCB, Palwal is annexed hereunder as Annexure R-17.
20. Clarification report dated 06.02.2024 was furnished by the Jiledar, Palwal Sub-Division on a reference made by HSPCB regarding an allegation of discharge of untreated sewage from the project premises into the Bhanguri Distributary. The Jiledar inspected the site and verified the position, and submitted that no untreated sewage was found being discharged from Omaxe City Phase-1 into the said water body. True copy of the clarification report dated 06.02.2024 furnished by the Jiledar, Palwal Sub-Division is annexed hereunder as Annexure R-18.
21. Parawise reply dated 15.02.2024 was submitted by the project proponent to the above show-cause notice, categorically denying the allegations along with photographic evidence. The reply attests that the project has a fully functional 700 KLD STP for treatment of sewage up to the prescribed norms, the treated. sewage is being partially reused on-site for horticulture and 49 flushing and the excess is being discharged into the Municipal sewer as permitted. It further states that only the storm water from the project is being drained into the Bhanguri Distributary, which is also the natural drainage channel of the area as per revenue records, and not any sewage whatsoever. True copy of the parawise reply dated 15.02.2024 submitted by the project proponent is annexed hereunder as Annexure R-19.
22. Permission dated 14.03.2024 was granted by the Municipal Council, Palwal to the project proponent for connecting the STP treated sewage from Omaxe City to the Municipal sewer network, based on an application made by the proponent for the approved quantity of 150 KLD. The permission is subject to various terms and conditions. True copy of the permission dated 14.03.2024 granted by the Municipal Council, Palwal is annexed hereunder as Annexure R-20.
23. STP treated sewage sample analysis report dated 15.05.2024 was furnished by HSPCB based on the inlet and outlet sampling conducted by the Board officials on 08.05.2024 at the project's 700 KLD STP. The analysis results show that the STP outlet quality is compliant with the applicable standards in terms of the tested parameters such as pH, BOD, COD, TSS, Oil & Grease, Total Nitrogen, and Fecal Coliform. True copy of the STP treated sewage sample analysis report dated 15.05.2024 furnished by HSPCB is annexed hereunder as Annexure R-21.
24. Consent to Establish dated 06.07.2024 was granted to the project by HSPCB under the Air and Water Acts, for an additional period of 5 years up to 05.07.2029. True copy of the Consent to Establish revalidation dated 06.07.2024 granted by HSPCB is annexed hereunder as Annexure R-22.
25. Consent to Establish dated 11.08.2024 was granted to the project by HSPCB under the Air and Water Acts, for 10.10.2024
- 30.09.2026. True copy of the Consent to Establish revalidation dated 11.08.2024 granted by HSPCB is annexed hereunder as Annexure R-23.
26. Approved Layout Plan of the 'Omaxe City' project, demarcating the site boundaries, built-up areas, roads, open spaces, green belts, STP and other infrastructure and services in various phases. True Copy of the approved layout plan of 'Omaxe City' project is annexed herewith and marked as Annexure R-24."50
Compliance Status Report filed by applicant on 20.08.2024:
20. A compliance Status Report has been filed by applicant vide submissions dated 20.08.2024 in tabular form as under:
S.No. Written Request Submitted Compliance status by Applicant on 14.02.2024 by respondent No.5 and Ordered by Hon'ble as on 20.08.2024 Bench on dated 19.02.2024
1. It is stated that the Green belt area of society is 8.39% of total area of project as per approved map.
a) 18-meter-wide green belt has a) a) 18-meter-wide not been developed by the green belt area project proponent, although has been cleared its development work was but not started by them as per the developed. instructions of PCB Palwal on Precast boundary 31.01.2024. It is prayed that wall has been the project proponent may be partially done. directed to install precast According to the boundary wall on the project proponent, external side of the green the said green belt area of the project and wire is not a part of the mesh fencing on the inner project, however it side to protect it from stray is shown in the animals and trespassers. approved map of the project. The concerned authority (DTCP Haryana) may be directed produce the record of the green belt shown in the sanctioned layout plan and the actual green belt developed by the project proponent.
b) 2-meter-wide green belt along b) Partially done all internal ways partially 51 developed and are filled with garbage.
2. Park situated at phase-II has not Partially developed yet been developed despite as directed by PCB Palwal on 31.01.2024.
3. All manholes of sewer line have Manhole repair work not yet been repaired. has been completed, but sewer water is still overflowing at many places.
The sewer water from the sewer line keeps overflowing continuously at many places, the respondent was informed about this with video evidence but even after being have informed, the respondent had not rectify it till date.
Compliance Affidavit by respondent 5 filed on 12.09.2024:
21. In regard to show that the STP is meeting the prescribed standards and there are other compliance on the part of respondent 5, it has filed a compliance affidavit dated 12.09.2024 stating as under:
"3. Letter dated 08.12.2011 was sent from the Office of the Superintending Engineer, HUDA Circle, Faridabad to the Chief Engineer-I, HUDA, Panchkula for issuance of completion certificate for internal development works of the township. True copy of Letter dated 08.12.2011 from the Office of the Superintending Engineer, HUDA Circle, Faridabad to the Chief Engineer-I, HUDA, Panchkula is annexed herewith and marked as Annexure-D-1.
4. Analysis Report dated 04.03.2015 of the effluent discharge from the STP of the project in question by the Regional Laboratory, Haryana State Pollution Control Board was issued to the 52 Respondent No. 5. True copy of the Analysis Report dated
04.03.2015 by the Regional Laboratory, Haryana State Pollution Control Board of discharge of Effluent from STP is annexed herewith and marked as Annexure - D2.
5. The Respondent No. 1 was granted authorization dated 20.04.2015 for collection, reception, treatment, storage, transportation and disposal of hazardous wastes from 01.04.2015 to 31.03.2016. True copy of Authorization dated 20.04.2015 for operating a facility for collection, reception, treatment, storage, transportation and disposal of hazardous wastes from 01.04.2015 to 31.03.2016 is annexed herewith and marked as Annexure - D3.
6. The Respondent No. 5 was granted authorization dated 18.12.2015 for collection, reception, treatment, storage, transportation and disposal of hazardous wastes from 01.04.2016 to 31.03.2019. True copy of Grant of Authorization dated 18.12.2015 for operating a facility for collection, reception, treatment, storage, transportation and disposal of hazardous wastes from 01.04.2016 to 31.03.2019 is annexed herewith and marked as Annexure-D4.
7. Test Certificate dated 12.01.2019 was issued to the Respondent No. 5 by the Haryana Test House and Consultancy Services an NABL Accredited Laboratory of Sewage Water Sample from STP. True copy of the Test Certificate dated 12.01.2019 by the Haryana Test House an NABL Accredited Laboratory of Sewage Water Sample from STP is annexed herewith and marked as Annexure - D5.
8. Test Certificate dated 12.01.2019 was issued to the Respondent No. 5 by the Haryana Test House and Consultancy Services an NABL Accredited Laboratory of Diesel Generator Sets installed in the project. True copy of the Test Certificate dated 12.01.2019 by the Haryana Test House an MoEF, NABL Accredited Laboratory of Noise Pollution from DG Sets is annexed herewith and marked as Annexure-D6.
9. The Respondent No. 5 was granted authorization dated 16.02.2019 under Hazardous and Other Wastes (Management & Transboundry Movement) Rules, 2016 for a period of 01.04.2019 to 30.09.2020 by Haryana State Pollution Control Board. True copy of Grant of Authorization dated 16.02.2019 issued by Haryana State Pollution Control Board is annexed herewith and marked as Annexure - D7.
5310. Analysis Report dated 11.08.2020 of the liquid effluent discharge from the STP of the project in question by Haryana State Pollution Control Board was issued to the Respondent No.
5. True copy of the Analysis Report dated 11.08.2020 by the Regional Laboratory, Haryana State Pollution Control Board of discharge of Effluent from STP is annexed herewith and marked as Annexure - D8
11. The Respondent No. 5 was granted authorization dated 12.08.2021 under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 by Haryana State Pollution Control Board for a period of 02.07.2021 to 30.09.2022. True copy of Grant of Authorization dated 12.08.2021 for under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 by Haryana State Pollution Control Board is annexed herewith and marked as Annexure - D9.
12. Analysis Report dated 08.08.2022 of the liquid effluent discharge from the STP of the project in question by the Regional Laboratory, Haryana State Pollution Control Board was issued to the Respondent No. 5. True copy of the Analysis Report dated 08.08.2022 by the Regional Laboratory, Haryana State Pollution Control Board of discharge of Effluent from STP is annexed herewith and marked as Annexure - D10.
13. The Respondent No. 5 was granted authorization dated 20.08.2022 under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 by Haryana State Pollution Control Board from 01.10.2022 to 30.09.2024. True copy of Grant of Authorization dated 20.08.2022 under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 by Haryana State Pollution Control Board is annexed herewith and marked as Annexure - D11
14. Analysis Report dated 25.01.2024 of the liquid effluent discharge from the STP of the project in question by Haryana State Pollution Control Board was issued to the Respondent No.
5. True copy of the Analysis Report dated 25.01.2024 by the Haryana State Pollution Control Board of discharge of Effluent from STP is annexed herewith and marked as Annexure-D12.
15. The Respondent No. 5 was granted authorization dated 04.09.2024 under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 by Haryana State Pollution Control Board. True copy of Grant of Authorization dated 04.09.2024 under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 by 54 Haryana State Pollution Control Board is annexed herewith and marked as Annexure - D13.
16. This Hon'ble Court passed an order 30.04.2019 in Nitin Shankar Deshpande vs Union of India and Ors. 2019 SCC Online NGT 1550 whereby this Hon'ble Court set parameters with respect to the effluent discharge for the STPs. True Copy of the Order dated 30.04.2019 passed by this Hon'ble Court in Nitin Shankar Deshpande vs Union of India and Ors. 2019 SCC Online NGT 1550 is annexed herewith and marked as Annexure-D14
17. Rule 16 of The Haryana Development and Regulation of Urban Area Rules, 1976 is reiterated herein below:
"16. Completion certificate/Part Completion certificate [Section 24] 139[(1) After the colony has been laid out according to approved layout plans and development works have been executed according to the approved designs and specifications, the coloniser shall make an application to the Director in Form LC-VIII along with a demand draft on account of Infrastructure Augmentation Charges as per the rates prescribed in the Schedule-B of these rules if not paid earlier in accordance with the provision of Section 3(7) of the Act.] (2) After such 140[scrutiny], as may be necessary, the Director may issue a [completion certificate/part completion certificate] in form LC-IX or refuse to issue such certificate stating the reasons for such refusal:
Provided that the colonizer shall be afforded an opportunity of being heard before such refusal."
True Copy of the relevant excerpt of Rule 16 of the Haryana Development and Regulation of Urban Area Rules, 1976 is annexed herewith and marked as Annexure - D15
18. Licensing Agreement dated 24.07.2012 was entered into between Council of Scientific and Industrial Research and M/s Petrichor Emerging Technologies India Pvt. Ltd. granting non exclusive license to Petrichor Technologies Phytorid Wastewater Treatment developed by NEERI. True Copy of the License Agreement dated 24.07.2012 is annexed herewith and marked as Annexure-D16."
22. The pleadings, reports and documents referred to hereinabove show that the proceedings were initiated in this OA suo-moto on a letter petition received from Radhey Shyam, son of Baldev Singh complaining about non-
55treatment of sewerage generated in M/s. Omaxe City, Palwal which has been developed by respondent 5 spreading in an area of 102 acres of land.
The complaint was that there was no proper treatment of sewage in the area causing water pollution, a temporary STP was constructed in green belt which provided no adequate arrangement for sewage treatment; pump sets were installed to pump out water on open land in the colony causing pollution; pump sets were either defective or non-functional causing stagnation and over-flow of water causing pollution and health hazards.
23. Taking cognizance of the above complaint, Tribunal sought to verify the facts through a Joint Committee constituted vide order dated 03.02.2022 and Joint Committee Report dated 11.10.2022 shows that there was already STP of 1000 KLD capacity, functional in the colony, which was treating sewerage and treated water parameters were within the prescribed limits. For use of treated water, a temporary arrangement was made for consumption of treated water for gardening in open land near STP. An abandoned STP in plot no. 612A was found but Joint Committee also found that there was no pipeline connected therewith since sewer line was already connected with the functional STP of 1000 KLD capacity.
Some unhygienic conditions were found by Joint Committee like collection of untreated domestic generated from Omaxe Heights (Group Housing Society) in an open area in respect whereof President of RWA informed that damage was caused due to main sewer line in construction activities but it has been repaired and thereafter, the entire effluent is being discharged in the main STP. Rain Water Harvesting pits were found which requires some maintenance and some garbage waste was found in the open empty back area behind STP as also over-flow of sewer line near abandoned STP.
56For clearance, Joint Committee made some recommendations which we have already noticed above.
24. The subsequent compliance reports submitted from time to time, as noted above, show that all these discrepancies and irregularities which were found by Joint Committee have been removed/rectified.
25. The applicant however, vide submissions dated 14.02.2024 has raised some new issues i.e., non-development of green belt area as per approved map stating that 18 meter wide green belt has not been developed by project proponent and a park at phase 2 has also not been developed. There are some further complaints by applicant in its submission dated 14.02.2024 that all main holes of sewer line have not been repaired; the temporary pipeline for disposal of STP water of phase 2 has not been dismantled; rain water harvesting lines have not been cleared; external storm water drainage systems is not provided and there are some potholes on the main road and internal roads of the society.
26. In subsequent responses, it has been found that man holes have been repaired, temporary pipelines have been dismantled and rain water harvesting lines have been cleared.
27. Therefore, substantially, the grievances raised by applicant have been removed and rectified. Moreover, with regard to some steps not taken by the project proponent, even if we assume that they persist like non-
development of 18 meter wide green belt etc., we are of the view that these are within the realm of non-compliance of sanctioned plan/approved map conditions which may be a violation of municipal laws but despite our repeated query, applicant could not show as to which provisions of various enactments mentioned in schedule of NGT Act, 2010, for implementation 57 whereof Tribunal has jurisdiction under Section 14 of NGT Act, 2010 are violated or attracted. In the absence thereof, these complaints, that too raised subsequently, in our view, do not give rise to any substantial question relating to environment and arising out of the implementation of the enactments mentioned in Schedule I of NGT Act, 2010 and, therefore, no interference is called for in this regard.
28. However, there is one thing which is evident from record and once the material has come on record, we cannot ignore being non-compliance of a condition of EC dated 14.03.2008 on the part of proponent. Copy of EC is at page 378 as annexure R-2 to compliance affidavit dated 13.08.2024 filed by respondent 5. Para 2 of EC shows that consent was obtained for development of a project i.e., township named as "Omaxe City"
at Palwal, State of Haryana at a cost of Rs. 160 Crores. The project comprised of apartments, plots, and commercial complex. Project proponent disclosed that it will have total 983 plots for development and proposed to construct 415 flats besides 204 EWS units to accommodate a total population of 19,999. The total plot area is 519402.73 m2. The total built up area indicated by project proponent is 779104.10 m2. Project proponent discloses that the project in operational phase will require 2762 m3/day water which will include recycled water. The sewage generation in the project would be around 1770 m3/day. Therefore, for treatment of sewage, generated in the project, EC conditions show that it approved a STP of 1800 KLD capacity. Para 2 of EC dated 14.03.2008 further shows that treated sewage was required to be used for flushing, cooling and horticulture requirement and unused waste water to be discharged into the public sewer.
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29. As per own admission of respondent 5, STP constructed is only of the capacity of 1000 KLD. The explanation is that according to the occupancy, at the time of inspection by Joint Committee made on 05.09.2022, current discharge of sewerage was around 500 KLD therefore, 1000 KLD of STP was sufficient to meet the requirement. However, that is not the compliance of the conditions of EC dated 14.03.2008 which categorically contemplates establishment of STP of 1800 KLD capacity.
30. Learned Counsel for respondent 5 referred to its objections dated 21.05.2024 wherein it is disclosed that besides 1000 KLD STP in phase I, it has placed Work Order of 800 KLD STP in Phase II and therefore, after commissioning of 800 KLD capacity STP, requirement of EC shall stand complied with. We do not find ourselves satisfied with the above explanation for the reason that EC does not permit the project proponent to bifurcate STP and provide or establish two STPs of different capacities at different places. EC contemplates and permits only one STP of 1800 KLD STP. The conditions of EC are provided after appraisal of the project by Expert Appraisal Committee or State Level Expert Appraisal Committee, as the case may be, in the light of the facts disclosed by project proponent and once EC has been granted, the conditions and requirement of EC mentioned therein, in our view, cannot be altered or changed by the project proponent according to its own wisdom, without seeking further prior approval from the Authority competent to grant EC.
31. In this backdrop, we find that there is non-compliance of conditions of EC on the part of project proponent. In the facts and circumstances of the case, we find it appropriate to permit the project proponent to install STP, strictly in accordance with the conditions of EC dated 14.03.2008, within three months.59
32. With regard to cleanliness and other maintenance aspects of the colony, we find it sufficient to direct respondent 5 to take regular steps for proper maintenance of the colony so as to comply with the provisions of Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981; Solid Waste Management Rules, 2016; and, Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 etc.
33. If the directions with regard to STP as per the requirement of EC is not complied with within the period directed above, HSPCB shall ensure that no further third party rights shall be allowed to be created in the colony by respondent 5 till requirement of EC with regard to STP, as observed above, is complied with and for the period of default, HSPCB shall also apply principle of 'Polluter Pays' by computing and assessing environmental compensation upon the project proponent and recover the same in accordance with law.
34. With the above directions, this Original Application is disposed of.
35. Copy of this judgment be forwarded to HSPCB, HSVP and District Magistrate, Palwal by e-mail for information and compliance.
SUDHIR AGARWAL, JUDICIAL MEMBER DR. AFROZ AHMAD, EXPERT MEMBER March 28, 2025 Original Application No.79/2022 R 60