National Green Tribunal
Mrs. Savita Kumari vs The State Of Jharkhand Through The Chief ... on 8 February, 2023
Item No.06 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Miscellaneous Application No.11/2022/EZ
In
Original Application No.99/2016/EZ
In the matter of:
Tribunal on its Own Motion
Re.: Mrs. Savita Kumari,
W/o Sri Rajiv Kumar,
R/o Anandpuri Colony near Sadar Circle Office,
Ward No.31, District-Hazaribagh,
Pin - 825301, ...Applicant(s)
Versus
1. Urban Development and Housing Department,
Through Principal Secretary,
State of Jharkhand,
2. Hazaribagh Municipal Corporation,
Through Commissioner,
Collectorate Campus, Hazaribagh, Jharkhand, ...Respondent(s)
Date of hearing: 08.02.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
For Applicant(s) :Suo Motu
: Ms. Paushali Banerjee, Advocate in O.A.
For Respondent(s) : Ms. Aishwarya Rajyashree, Advocate for R-1,
Mr. Imran Siddiqui, a/w Ms. Soumi Bose, Advocates for R-2,
Mr. Surendra Kumar, Advocate for JSPCB,
ORDER
1. The M.A. No. 11/2022/EZ filed in Original Application No. 99/2016/EZ is being taken up suo-motu.
2. The Original Application No. 99/2016/EZ had been filed by the Applicant alleging that the stream which is about 5 kilometer in length and 30 feet in width is on the verge of extinction due to unauthorized and illegal constructions. The Dhobia Talab (a 1 lake/water body) which was originally 12 acres in size has now shrunk to only 5 to 6 acres. The Jhinjharia Stream is stated to flow through Hazaribagh to joint Konar River on the periphery of Hazaribagh town. It is stated that the sewage of the entire residential area is discharged into the stream grossly polluting and contaminating it. Dhobia Talab which is situated in the vicinity of Anandpuri Colony, a residential colony, gets severely polluted by the sewage discharged from the colony, in addition to the heavily polluted water of the Jhinjharia Stream.
3. The contention of the Applicant is that this has proved to be deleterious to the aquatic animals and natural vegetation as well as a threat to the very existence of the Talab.
4. It is also alleged that River Konar which is the main source of water for the Hazaribagh town consequently also gets polluted due to the water of Jhinjharia stream.
5. This Tribunal had disposed of the Original Application No.992016/EZ (Savita Kumari vs. State of Jharkhand & Ors), vide its order dated 25.09.2020 with the following directions:-
14. "Having regard to the above facts and circumstances, let the State complete the process of preparation of the DPR by 31.12.2020 and the tendering process be commenced with immediately after completion of the DPR and its approval. We expect the Government to consider and approve the DPR expeditiously in order to enable the Municipal Corporation to adhere to the timelines set out in the action plan.
15. The other aspect with requires to be dealt with, as pointed out by the learned Counsel of the Applicant, is the unauthorized structures on the southern side of the Dhobia talab as reported by the Court Commissioner which we direct be acted against strictly in accordance with law. Next, the primary source of pollution as contained in the Gap Analysis Phase should be indentified and remedial action taken for diversion of all the 2 sewage and effluent away from the Jhinjharia nalla/stream and the Dhobia talab. Pending the long term action of diversion of the sewage and the effluent to the STPs and the ETPs, the Municipal Corporation shall implement a short term measure of Phytoremediation/Bio-remediation, as may be advised by the experts in the field. It may be mentioned that Phytoremediation/Bio-remediation does not involve much expenditure. In this regard, the Urban Development and Housing Department State of Jharkhand, the State Pollution Control Board and the Municipal Commissioner Hazaribagh, shall look into the compendium prepared by the CPCB with regard to Phyto-remediation.
16. Let a revised action plan be prepared in terms of the observations made above. Revised action plan shall be more elaborate providing specific information not as vague and nebulous as in the present action plan.
17. On the basis of the action plan prepared by the State Government and the Urban Development and Housing Department and the Hazaribagh Municipal Corporation, shall ensure that the timelines prescribed shall not spill over beyond 31.12.2020.
18. With the above directions, this O.A. stands disposed of.
However, a report of compliance shall be filed on 31.01.2021 by the Urban Development Department and the Hazaribagh Municipal Corporation.
19. We also grant liberty to the applicant to approach the Tribunal, if there is failure on the part of the authorities to comply with the directions."
6. When no report of compliance was filed by the Urban Development and Housing Department and the Hazaribagh Municipal Corporation, the present M.A. No. 11/2022/EZ was taken by the Tribunal suo-motu.
7. The Hazaribagh Municipal Corporation has filed an affidavit dated 30.08.2022. Along with this affidavit, a Compliance Report on Action Plan for Strengthening, Conservation and Rejuvenation of 3 Dhobia Talab & Jhinjharia Nalla of June, 2021, has been filed as Annexure-A (page no. 59 onwards), which reads as under:-
Sr. No. Key Activities and Proposed Time Frame Components for Implementation and Completion of activities (Start and End Date) Recognition Stage 1 Collection of Historical, Completed Geographical and geological data for Dhobia Talab 2 Collection of catchment and Completed lead channel pollution data, sewage disposal contamination data, industrial effluent disposal data, solid waste, plastic waste, e-waste, hazardous waste and C & D waste disposal data to talab Gap Analysis Stage 1 Assessment of water quality Completed 2 Reconnaissance survey to Completed identify the source of pollution and prepare short term and long-term preventive measures through Detailed Gap Analysis on Sewage Management, Industrial Effluent Management and Solid Waste Management and other associated issues and in-situ facility availability for minimizing the pollution level.
3 Removal of Encroachment As per the memo no.1223 dated 22.09.2020 the sub- divisional officer, Sadar, Hazaribag noticed to the person who was in the encroachment in the concerning place which 4 was removed by Circle Officer, Sadar, Hazaribag.
In this score the said memo was sent to the Municipal Commissioner, Nagar Nigam, Hazaribag.
Annexure B, Letter No. 1223 dated 22.09.2020.
Planning and DPR Preparation Stage 1 Preparation of DPR for sewage Completed management, industrial effluent management and solid waste management and other associated issues, de-
weeding, desilting, protection of drainage basin, channels, stabilization of earthen bunds and preparing cost estimation.
2 Removal of encroachments -
and blockades, deciding on flood control measures and preparing Cost estimation 3 Fund Tie up for the Completed implementation Implementation of Action Plan Stage 1 Tendering and implementation Feb-Mar-2021 (Annexure C, Letter No.314 dated 27.01.2021.) Sustenance Stage 1 Creation of awareness among Parallel activity during the citizens groups, resident implementation phase, to welfare associations, local be continued after organizations, activist groups, implementation phase. green organizations, political organizations, educational organizations and Government agencies.
2 Organizing periodic trainings 5 through identified and reputed Institutions.
3 Promoting Public participation.
4 Dissemination of Information.
5 Creation of Recreational centers.
8. The State Pollution Control Board, Jharkhand, has also filed affidavit dated 14.10.2022. Along with this affidavit, an Inspection Report of an inspection carried out on 06.10.2022 has been filed as Annexure-B (page no. 76 onwards). The finding, direction, compliance and other observations in the Inspection Report read as under:-
"During inspection it was found that- i. Dhobia Talab is situated at Sadar Block area near Ompuri Mohalla of Hazaribagh. One Nalla from South West Corner containing sewage fron nearby houses and surface runoff of St. Columbus Ground and Well's Ground and some part of OmpuriNallafrom North West side meet into Dhobia Talab. Sewage of the nalla was going into Dhobia Talab as nalla is located at upper gradient with respect to Dhobia Talab.
ii. Water samples of Dhobia Talab was collected on 05.10.2022 and analyzed (Analysis report is enclosed as annexure I. iii. From the perusal of water analysis reports of Dhobia Talab, PH, Dissolved Oxygen and BOD value does not conform to standard for class 'B'. Designated Best use water quality Criteria notified by CPCB.
In the order dated 19.09.2022 of the Hon'ble NGT the compliance of directions given in the order dated 25.09.2020 has been asked. The status of compliance of directions are as follows: -6
S. No. Direction Compliance
14. Having regard to the above facts DPR has been prepared and circumstances, let the State and sent to State Govt. for complete the process of preparation approval which has of the DPR by 31.12.2022 and the further been forwarded to tendering process be commenced Ministry of Housing & with immediately after completion of Urban Affairs (M. H & the DPR and its approval. We expect U.A), Govt. of India. the Government to consider and approve the DPR and its approval.
We expect the Government to
consider and approve the DPR
expeditiously in order to enable the Municipal Corporation to adhere to the timelines set out in the action plan.
15. The other aspect which requires to The unauthorized be dealt with, as pointed out by the structures on the southern learned Counsel of the Applicant, is side has been freed and the unauthorized structures on the is under possession of the southern side of the Dhobia Talab as Dhobia Talab. Drain from reported by the Court Commissioner Anandpuri Nalla to which we direct be acted against Jhinjhiria Nalla for strictly in accordance with law. diverting all the sewage Next, the primary source of pollution and effluent has been as contained in the Gap Analysis constructed. Cleaning for Phase should be identified and Dhobia Talab and work remedial action taken for diversion for increasing of of all the sewage and effluent away Dissolved Oxygen is being from the Jhinjharia nalla/stream done by Boat having and the Dhobia Talab. Pending the screen and arrangement long-term action of diversion of the of water sprinkling into sewage and the effluent to the STPs air. No Phyto- and the ETPs, the Municipal remediation/ Corporation shall implement a short- Bioremediation were seen term measure of Phyto- in the Dhobia Talab. remediation/Bioremediation, as may be advised by the experts in the field. It may be mentioned that Phyto-remediation / Bioremediation 7 does not involve much expenditure.
In this regard, the Urban
Development and Housing
Department State of Jharkhand, the State Pollution Control Board and the Municipal Commissioner Hazaribagh, shall look into the compendium prepared by the CPCB with regard to Phyto remediation.
16. Let a revised action plan be DPR has been prepared prepared in terms of the and sent for approval of observations made above. Revised State Government. action plan shall be more elaborate providing specific Information not as vague and nebulous as in the present action plan.
17. On the basis of the action plan DPR has been prepared prepared by the State Government and sent for approval of and the Urban Development and State Government.
Housing Department and the Hazaribagh Municipal Corporation, shall ensure that the timelines prescribed shall not spill over beyond 31.12.2020.
Other Observation: -
(i) Boundary wall of approx. 7 feet has been constructed along West & South side of the Dhobia Talab. Mohalla Road which is almost 8 feet above the water level of the talab. There is no Boundary wall along the North side of the talab.
(ii) The diversion structure (drain with cover) is being constructed for diversion of the sewage & effluent from Dhobia Talab.
Almost 90-95% of construction work has been completed and the drain is expected to be started by 31st October, 2022.
(iii) No construction work for STP/ETP has been started by Hazaribagh Municipal Corporation. However, DPR for the same has been prepared and sent to the State Govt. for approval by HMC & which has further been forwarded to Ministry of 8 Housing & Urban Affairs (M.H.U.A), Govt. of India vide letter no.1103 dtd. 07.09.2022.
(iv) No Bioremediation/Phyto remediation measure has been implemented. However, cleaning of Dhobia Talab and work for increasing of Dissolved Oxygen is being done by Board having screen and arrangement of water sprinkling into air."
9. We find that that a technical sanction of Rs. 3,51,59,000/- (Three Crores Fifty One Lakhs Fifty Nine Thousand only) has been accorded for work of rejuvenation of the water bodies in Dhobia Talab at Nagar Nigam Hazaribagh, Jharkhand. The Table filed at page no. 262 of the paper book, contemplates construction of Sewerage Treatment Plant (STP) and construction of Inlet Drain.
10. It is also stated that a letter dated 07.09.2022 (at page no. 263 of the paper book), has also been issued by the Urban Development and Housing Department, Government of Jharkhand, addressed to the Additional Secretary-cum-National Mission Director, Ministry of Housing & Urban Affairs (MoHUA), Government of India, regarding submission of Special State Water Action Plan (SWAP) of water body rejuvenation Projects under AMRUT 2.0 Mission for Rs. 88.65 crores.
11. The Table filed at page no. 113 of the paper book, mentions a tentative sewerage generation which has been worked out to be 0.400 MLD (Million Liters Per Day) through Inlet 1 (Northern Drain) & Inlet 2 (Western Drain) coming towards drain, considering 80% of water supply as waste return to the Dhobia Pond.
12. The Urban Development and Housing Department, Government of Jharkhand, has also filed affidavit dated 19.10.2022. Along with this affidavit an Updated Revised Action Plan for Conservation & Rejuvenation of Dhobia Talab of October, 2022, Hazaribagh 9 Municipal Corporation, Hazaribagh, has been filed (page no. 278 onwards).
13. In the affidavit, it is stated that Dhobia Talab under Hazaribagh Municipal Corporation has been identified for water body rejuvenation under the Atal Mission for Rejuvenation and Urban Transformation 2.0 (AMRUT) Mission in January, 2022. It is stated that a Detailed Progress Report has been prepared and the same has been approved by the State High Powered Steering Committee (SHPC) on 26.08.2022 and has also been put before the Apex Committee chaired by the Secretary, Ministry of Housing and Urban Affairs, Government of India, and as soon as the approval is obtained from the Apex Committee, all necessary procedural steps such as administrative approval, tendering award of work etc. shall be undertaken and the final date for completion of the Project can be determined.
14. The Jharkhand State Pollution Control Board has filed a further affidavit dated 18.11.2022. Along with this affidavit, a Report of Revised Action Plan has been filed showing Action Points and Compliance Status as per the Revised Plan which reads as under:-
Compliance status as S. No. Action Points per Revised Action Plan i. RCC cover drains have been constructed to tap and divert the sewage generated from the Interception and nearby household.
01. diversion of the ii. Two Soak pits (Filtration Drains chamber) has been constructed to filter (treat) the waste water generated from 10 10 buildings where construction of drain is not feasible.
iii. Boundary wall has been constructed along the Restrict western side of the 02 Encroachment Dhobia talab to prevent/restrict encroachment.
i. Weed Harvester
machine is being used
on regular weeds like
water hyacinth which
To improve the will improve the aeration
03
water quality rate.
ii. Increase in green cover
around the pond by
planting species of trees
like Ficus, Jamun, Neem
iii. Information, Education
& communication (IEC)
strategy has been
adopted and being
implemented to create
awareness and
disseminate information
among the citizens.
04 Create awareness
iv. IEC activities like
Nukkadnataks, wall
painting, Environmental
Awareness programmes,
use of signboards etc.,
are being carried out to
create awareness
among the people.
Long Tem Measures
Solid Waste
Management i. Tipper has been
01
deputed for the Ward
for door-to-collection of
11
the domestic solid
waste.
Sewage ii. Detailed Project report
Treatment Plant has been prepared for
(STP) construction of STP of
500 KLD with an
approx. cost of Rs.39
Lacs.
iii. Detailed Project report
has been prepared for
construction of Aeration
tank and Oxidation
tank.
iv. Hazaribagh Municipal
Corporation in process
of implementation of
Phytoremediation
technology by the end of
November by planting
02 some floating plants
such as Azolla pinnata,
Lemna species,
emergent plants like
Nymphaea species,
Typa Species,
submerged plants like
Hydrilla verticullata.
v. Hazaribagh Municipal
Corporation has
prepared a proposal for
construction of an in-
situ pond cleaning
technology for improving
the water quality of
Dhobia Talab and
tender has been floated
for the same.
Removal of vi. Out of nine
03. encroachment encroachments three
have been removed and
12
action has been initiated
against remaining six
encroachers under
section 4 (H) of Bihar
(Jharkhand) Land
Reforms Act, 1950, by
the Circle Officer, Sadar,
Hazaribagh.
15. The Hazaribagh Municipal Corporation has also filed affidavit dated 03.02.2023, bringing on record a Status Report with regard to the protection and restoration of the Jhinjharia Stream and Dhobia Nalla, which has been referred to in para 2 of the affidavit which reads as under:-
Report submitted by Pollution Department Sl. Progress status after on 14.10.2022 No. 14.10.2022 Direction Compliance 1 Having regard to DPR has been prepared Complete DPR for water the above facts and sent to State Govt. for rejuvenation around and approval which has further Dhobia Talab is of Rs.3 circumstances, been forwarded to Ministry Crore 51 Lac and STP of let the state of Housing & Urban Affairs 500 KLD of Rs.39 lacs is a complete the (MH& UA). Govt. of India. part of it. The complete process of DPR includes Pond preparation of rejuvenation work, Ghat, the DPR by Aeration and oxidation. 31.12.2020 and Landscaping, Horticulture the tendering work and Pathway works.
process be
commenced with 1. Technical and
immediately Administrative
after completion sanction and approval
of the DPR and received vide letter
its approval. We no.167, dated
expect the 29/11/2022
Government to
consider and 2. Tender has been
13
approve the DPR published
and its approval.
We expect the a. Date of Publication on
Government to website:- 28.01.2023
consider and b. Last date of deposit of
approve the DPR Tender Fee and Hard
expeditiously in copy:- 09.02.2023
order to enable c. Technical bid opening
the Municipal date:- 10.02.2023
Corporation to d. Financial bid opening:-
adhere to the 20.02.2023
timelines set out e. Tentative date of issue
in the action of work order:-
plan. 02.03.2023
f. Time frame for
completion of work as
per NIT- 365 days
after issue of work
order.
2 The other aspect The unauthorized Land related issues comes
which requires to structures on the southern under the Hazaribag
be dealt with, as side has been freed and is district Administration
pointed out by under possession of the Jurisdiction.
the learned Dhobia Talab. Drain from
Counsel of the AnandpuriNala to At present, as per the
Applicant, is the JhinjhiriaNala for diverting report vide letter no. 183 unauthorized all the sewage and effluent dated 01/02/2023 structures on the has been constructed. submitted by Circle southern side of Officer, Sadar, Hazaribag, the Dhobia talab Cleaning of Dhobia Talab 05 encroachers out of 09 as reported by and work for increasing of encroachers around the the Court Dissolved oxygen is being Pond have been removed.
Commissioner done by Boat having screen Process for removal of rest which we direct and arrangement of water 04 encroachers is going on by acted against sprinkling into air. No as per Section 4H to strictly in Phyto- Cancel the Jamabandi. accordance with remediation/Bioremediation law. Next, the were seen in the Dhobia C.O, Sadar, Hazaribag primary source of Talab. has requested for pollution as directions from Additional 14 contained in the Collector, Hazaribag on Gap Analysis ways & means to free the Phase should be encroachments around the identified and pond vide letter no.3037 remedial action dated 28/12/2022.
taken for diversion of all In the meeting held on the sewge and 03/11/2022 under the effluent away Chairmanship of D.C., from the Hazaribag, approval of Jhinjharianalla / Phyto-remediation was stream and the given and work would be Dhobia talab. executed from D.M.F.T Pending the long fund. Phyto-remediation term action of work would be done after diversion of the completion of Pond sewage and the rejuvenation work. effluent to the STPs and the ETPs, the Municipal Corporation shall implement a short term measure of Phytoremediation Bioremediation, as may be advised by the experts in the field. It may be mentioned that Phyto- remediation/ Bioremediation does not involve much expenditure. In this regard, the Urban Development and 15 Housing Department State of Jharkhand, the State Pollution Control Board and the Municipal Commissioner Hazaribagh, shall look into the compendium prepared by the CPCB with regard to Phyto remediation. S. Other Observation Progress status after No. 14.10.2022 1 Boundary wall of approx Complete DPR for water 7 feet has been rejuvenation around Dhobia constructed along West & Talab is of Rs.3 Crore 51 Lac South side of the Dhobia and Boundary wall of Talab. Mohalla road Rs.19,91,431.00 is a part of it. which is almost 8 feet above the water level of the talab. There is no Boundary wall along the North side of the talab. 2 The diversion structure 100% construction work of (drain with cover) is being drain has been completed. Due constructed for diversion to drain construction in the of the sewage & effluent northern side of the talab has from Dhobia Talab. prevented entry of dirty and Almost 90-95% of waste water in the Pond. construction work has been completed and the drain is expected to be started by 31st October, 2022 16 3 No construction work for Complete DPR for water STP/ETP has been rejuvenation around Dhobia started by Hazaribagh Talab is of Rs.3 Crore 51 Lac Municipal Corporation. and STP of 500 KLD of Rs.39 However, DPR for the lacsis a part of it. The complete same has been prepared DPR includes Pond and sent to State Govt. for rejuvenation work, Ghat, approval by HMC & Aeration and oxidation, which has further been Landscaping, Horticulture forwarded to Ministry of work and Pathway works. Housing & urban Affairs (M.H.U.A.), Govt. of India vide letter no. 1103 dated 07.09.2022. 4 No Bioremediation / In the meeting held on Phyto-remediation 03/11/2022 under the measure has been Chairmanship of D.C., implemented. However, Hazaribag, approval of Phyto- cleaning of Dhobia talab remediation was given and and work for increasing work would be executed from of Dissolved Oxygen is D.M.F.T fund. Phyto- being done by Boat remediation work would be having screen and done after completion of Pond arrangement of water rejuvenation work sprinkling into air.
16. However, we find that in these Reports filed by the Hazaribagh Municipal Corporation as well as the Jharkhand State Pollution Control Board, no timelines have been given for completion of the various actions/projects to be taken.
17. We, therefore, dispose of this M.A. with a direction that all the projects contemplated under the various Action Plans/Revised Action Plans for rejuvenation of Dhobia Talab and Jhinjhari Stream shall be completed positively by 31.05.2024 and a comprehensive affidavit of compliance shall be filed by the Jharkhand State Pollution Control Board by 31.07.2024. 17
18. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ...................................... Prof. A. Senthil Vel, EM February 08, 2023, Miscellaneous Application No.11/2022/EZ In Original Application No.99/2016/EZ AK 18