National Green Tribunal
Manoj Misra vs Union Of India on 27 January, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 06/2012
Manoj Mishra Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 27.01.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Respondent(s): Ms. Jyoti Mendiratta, Advocate for GNCTD
Mr. Anil Grover, Senior AAG with Mr. Rahul Khurana, Advocate
for State of Haryana & HSPCB
Mr. H.S. Phoolka Senior, Advocate with Ms. Sakshi Popli,
Advocate for DJB
Mr. Raj Kumar, Advocate for CPCB
ORDER
I. Issue under consideration: Reviewing the status of compliance of directions of the Hon'ble Supreme Court and NGT for rejuvenation of river Yamuna
1. This order is in continuation of earlier orders on the subject. The issue under consideration is rejuvenation of River Yamuna through execution of directions of this Tribunal's order dated 13.01.2015 (2015 SCC Online NGT 840) ("the 2015 order") in this matter, and further orders including orders dated 08.05.2015 (2015 SCC Online NGT 841) and dated 07.12.2017 in OA 65 of 20161 and OA 76 of 20162. We may mention that 1 Manoj Misra v. Delhi Development Authority & Ors.
2Pramod Kumar Tyagi Vs. Art of Living International Center & Ors.
1the Hon'ble Supreme Court also issued several directions for improving water quality of river Yamuna, and protection of floodplains, to which reference is made later herein. Finally, vide order dated 24.4.2017, the Court transferred proceedings before it in W.P. No. 725/19943 to this Tribunal for further monitoring. The Tribunal has been reviewing the progress and has passed several orders to which reference will be made later.
Order dated 13.01.2015 and proceedings upto 25.07.2018
2. The 2015 order was passed based on extensive studies by way of Expert Committee Reports dated 19.04.2014 and 13.10.2014. Detailed directions were issued therein (Paragraph 94) for maintaining environmental flow, preventing discharge of pollutants into the river, protecting flood plain zones by river front development activities and removing encroachments. A Principal Committee was constituted to supervise implementation of the directions and to furnish quarterly reports to this Tribunal. The Principal Committee was to comprise of representatives of MoEF&CC; Ministry of Water Resources; Chief Secretary, Delhi Administration; Vice Chairman, DDA; Commissioner of all the Municipal Corporations; Commissioner, DJB; Secretary, Department of Irrigation, NCT of Delhi and concerned Secretaries of the States of Haryana, Uttar Pradesh, Himachal Pradesh and Uttarakhand. Four Experts - Professor C.R. Babu, Professor A.K. Gosain, Professor Brij Gopal and Professor A.A. Kazmi were also to be Members of the Principal Committee to be associated with commencement and completion of all the aspects of this project. The Delhi Jal Board (DJB) along with Corporation under whose jurisdiction 3 News Item "Hindustan Times" AQFM Yamuna v. Central Pollution Control Board & Anr.
2the required number of STP was to be constructed and established as well as the drains which were to be completed and made obstruction free were to be responsible for execution of the work as contemplated in the action plan. Vide order dated 24.07.2017, earlier order was modified to the effect that the Secretary, Ministry of Water Resources (Jal Shakti) was to head the Principal Committee. The authorities responsible for compliance of the directions included Government of Delhi, DJB, Public Works Department (PWD), Municipal Corporations, Industries Department, Delhi Pollution Control Committee (DPCC), Haryana Government and U.P. Government. After transfer from the Hon'ble Supreme Court, the NGT monitored the matter and listed it on several dates. Without referring to all the orders, we may refer here only the significant orders passed.
II. Earlier significant orders on review of compliance status:
order dated 25/26.07.2018 (constituting YMC) order dated 29.01.2019 (Review of the YMC action plan & first report) order dated 11.09.2019 (Directions on second report of YMC) order dated 05.03.2020 (Directions on third report of YMC) a. Order dated 25/26.07.2018 (constituting YMC)
3. The Tribunal conducted comprehensive review on 25.7.2018 and found that hardly much progress had been in water quality as pollutants continued to be discharged. The matter had been monitored by the Hon'ble Supreme Court since 1994. Vide order dated 10.10.2012, it was noted by the Hon'ble Supreme Court that inspite of monitoring for 18 years, there were high level of fecal coliform (FC) and BOD. We may also note orders of the Hon'ble Supreme Court in (1999) 1 SCC 1614, (2009) 17 SCC 4 Sector 14 Resident's Welfare Association & Ors. v. State of Delhi & Ors.
37085, (2009) 17 SCC 7166, (2009) 17 SCC 7207, (2009) 17 SCC 745 and (2012) 13 SCC 7368. It was inter-alia observed that C Category quality water should be achieved and there should be no encroachment atleast upto 300 meters on both sides of Yamuna. Action plans were required to be prepared and executed in time bound manner.
Since even after monitoring by the Hon'ble Supreme Court for 23 years and simultaneous monitoring by this Tribunal for about five years, the desired result was not being achieved, the Tribunal vide order dated 26.07.2018 constituted a two Member Yamuna Monitoring Committee (YMC) for identifying various action points and closely monitoring execution according to such points in a time bound manner.
b. Order dated 29.01.2019 (Reviewing the action plan and first report of YMC)
4. The Committee gave its action plan dated 20.10.2018 and its first report dated 16.01.2019 which were dealt with by a detailed order dated 29.01.20199. The Core Action Plan dated 22.10.2018, identified road map for monitoring the directions of this Tribunal activity wise and agency wise.
The plan highlighted issues, present status and future actions. The sixteen action points identified were:
i. Environmental Flow
ii. DDA, Demarcation of the Flood Plains and Conservation Activities
iii. Quality of River water
iv. Sewage Treatment Plants
v. Interceptor Sewer Project (ISP)
vi. Repair and maintenance of Drains
vii. Polluter Pays principle
viii. Dredging and desilting
ix. Industrial Pollution and CETPs
5 News Item published in Hindustan Times titled "And Quite Flows the Maily Yamuna" 6 News Item published in Hindustan Times titled "And Quite Flows the Maily Yamuna" 7 News Item published in Hindustan Times titled "And Quite Flows the Maily Yamuna" 8 News Item published in Hindustan Times titled "And Quite Flows the Maily Yamuna" 9 (2019) SCC Online NGT 644 4 x. Sewage and Faecal Sludge Management xi. Online Monitoring of STPs, CETPs and Yamuna.
xii. Use of treated Waste Water xiii. Idol Immersion xiv. State of Haryana and pollution of the Yamuna xv. State of Uttar Pradesh and Pollution of the River xvi. Creating Public Awareness through Information Dissemination Strategies and Management"
From the first report of the YMC dated 16.01.2019, it was found that DDA was yet to undertake demarcation of the flood plains. There was need to have a mechanism to stop dumping of debris by installing electronic surveillance system, aerial mapping to track debris, to set up check posts to track transportation of debris and for recovery of environmental compensation, setting up of more water quality monitoring stations, improvement and upgradation of STPs, setting up new STPs to bridge the gap between sewage generated and sewage treated, need for interceptors, maintenance of drains, improvement of CETPs and to set up sewerage network for unauthorized colonies. The Committee noted that the FC count was upto 6,400 times above the prescribed standards.
Only 14% of the 1797 colonies had sewage pipelines. DDA had failed to remove the debris and to secure the area by erecting barbed wire fencing. The authorities in the State of Haryana were required to expedite action for reducing water pollution load. The State of Uttar Pradesh was required to tap the drains, set up STPs and take action against the polluting industries releasing effluents into drains joining the river. The Tribunal noted that the situation was grim and that the regulatory authorities had failed to apply the 'Polluter Pays' principle to control the polluting activities. In spite of the serious damage being caused, the authorities were not acting against the offenders either by prosecuting them and/or recovering the cost of restoration. Apart from failure of the Delhi Government, there was failure on the part of DDA, UP Government 5 as well as Haryana Government. The Delhi Government, UP Government as well as Haryana Government were required to furnish performance guarantees in the sum of Rs. 10 Crores each with the CPCB. The DDA was also required to furnish a performance guarantee in the sum of Rs. 50 Lakhs with the CPCB. This Tribunal directed that further report be furnished by 20.05.2019.
c. Order dated 11.09.2019 (Directions on second report of YMC) Review of YMC's Second and Supplementary Reports of 27.5.2019 and 13.8.19;
Assignment of timelines and compensation
5. The second report of the Committee dated 25.07.2019 followed by Supplementary Report dated 13.08.2019 was dealt with vide a detailed order dated 11.09.2019. The said order dealt with all the micro issues by laying down exhaustive guidelines and directions and timelines as well as action to be taken for violation of the timelines. The directions included reiteration of recovery of sewage charges from all generators of sewage. Since the earlier order of the Tribunal dated 8.5.2015 was under challenge before the Hon'ble Supreme Court to the extent of requiring Electricity Supply Companies to recover the charges, vide order dated 11.09.2019, the Tribunal allowed Delhi Government to evolve any other mechanism for recovery. The Hon'ble Supreme Court vide judgment dated 24.10.2019, (2019) 10 SCC 10410, directed levy and recovery of sewage charges as per order of this Tribunal dated 11.09.2019 within two months. A Division Bench of the Delhi High Court vide order dated 24.10.2019 in L.P.A. No. 681/2019, DDA v. Yamuna Khadar Slum Union & Ors., vacated stay against removal of encroachments, after referring to the order of this Tribunal dated 11.09.2019. Further order
10 TATA Power Delhi Distribution Limited, NDPL House v. Manoj Mishra & Ors.
6dated 22.1.2020 was passed by the Tribunal to explore in-situ remediation techniques as supplement to STP systems.
d. Order dated 5.03.2020 (Directions on third report of YMC) Review of YMC's Third Report of 5.2.2020;
Directions to wind up YMC and continue monitoring by constituting 1) DDA's SPV (Drains) and 2) Delhi Government's IDMC (Floodplains) and alternative institutional monitoring mechanism
6. Third report of the YMC dated 05.02.2020 was considered vide order dated 05.03.2020 wherein detailed reference was made to the earlier orders dated 11.09.2019, 29.01.2019 and 22.01.2020 (in pursuance of Chamber meeting held on 03.01.2020) on the issue of in-situ remediation of sewage and constitution of a single agency to deal with all the drains in Delhi. The said report apart from all other action points dealt with the issue of inadequate action by DDA in absence of single coordinating authority entrusted with responsibility of taking necessary steps. The issues to be dealt with by the DDA were identified as follows:
The protection of the flood plain;
The creation of wetlands at identified locations:
Demolition plans and action taken to retrieve flood plain land and free it of encroachments, Enforcement against vehicles dumping debris in and around the flood plain Progress on financial devolution by the State of Uttar Pradesh on DDA to undertake Floodplain rejuvenation on the Eastern bank of the river, Progress of 10 identified projects which DDA had undertaken to complete by specific dates.
Tree plantation drives, Closure of bore wells and plans for larger use of treated waste water dealt with in Chapter - 10, Use of Treated Waste Water.
7. The YMC referred to the earlier recommendations of the Committee comprising Prof. AK Gosain (IIT Delhi), Prof. CR Babu(Emeritus Professor Delhi University), Prof. Brij Gopal (IIT Roorkee), assisted by officers from 7 the DDA, Government of NCT of Delhi, DJB and UP Irrigation department, to set up an independent body to plan and execute the restoration programme for river zone in the NCR, to protect flood plains and to make river zone a place of attraction with the involvement of the civil society. This was named as a 'Special Purpose Vehicle' (SPV) or Yamuna River Front Management Authority (YRFMA). The YMC referred to note of Cabinet Secretariat dated 24.08.2007 contemplating such authority. The Tribunal, accordingly, after consideration issued following directions:
"Directions
66. In view of above discussion, there is need for stringent compliance of directions to ensure sewage and sludge management and other pollution aspects for protection of environment, public health and safety and also rejuvenation of river Yamuna. There is a continued failure of compliance by the authorities inspite of repeated directions of the Hon'ble Supreme Court and this Tribunal in the last more than twenty five years. The evaluation of damage on account of degradation to river Yamuna, in monetary terms, on account of such failures has also become necessary for fixing accountability.
67. Accordingly, we direct as follows:
a. In the light of observations in the third report of the YMC dated 05.02.2020 showing inadequate progress in compliance of orders of this Tribunal dated 11.09.2019, all concerned authorities (in Delhi, Haryana and U.P.) need to take further action expeditiously on the issues of sewage management, industrial pollutants, solid waste management and other issues, as per laid down timelines and to pay compensation wherever timelines have not been met which may be ensured by the CPCB.
CPCB may issue notice to the entities accountable to pay compensation and in case of non-payment and seek execution by moving this Tribunal.
Wherever coercive measures are required to be taken in terms of orders of this Tribunal dated 11.09.2019 and have not been taken against official lethargy, action may be taken as already directed by the concerned administrative heads. In case of any failure, this Tribunal may have to take further action for strict compliance. The Authorities may give their progress reports of the status as on 30.04.2020 to this Tribunal by email at [email protected] before the next date. b. The DDA may constitute a Special Purpose Vehicle (SPV) preferably within two weeks from today for rejuvenation of river Yamuna. The functions of such entity will 8 include ecological restoration of the flood plain zones, setting up of bio-diversity parks, artificial wetlands, phyto-remediation of drains at the river mouth locations, maintaining the vigil and undertaking flow measurement, creating ecological services, removing encroachments and undertaking other activities, including river front development. It may also take steps to attract and educate the citizens and nature enthusiasts for nature related activities, including building environmental temper amongst citizenry, without in any manner causing any damage to the flood plains.
c. Delhi Government may set up within two weeks from today an 'Integrated Drain Management Cell' (IDMC) under the Chief Secretary for remediation and management of all drains of Delhi with representatives of all agencies/ departments/Urban Local Departments owning such drains, not below the level of Chief Engineer dealing with the management of drains to the IDMC. The CEO, DJB will be the ex-officio Member Secretary of the IDMC. The IDMC may meet atleast once in a week, to start with. Constitution of IDMC will not affect ownership of the drains. IDMC may send its reports to this Tribunal every two months by e-mail at [email protected].
d. CPCB may revise its report on 'Alternate Technologies for Management of Waste Water in Drains' in the light of comments of the YMC dated 17.02.2020 and forward the same to the Ministry of Urban Development, Jal Shakti, Govt. of India, NMCG, Governments of Delhi, Haryana and U.P. within one week from today for further necessary action on their part for making a policy which may be finalized within one month from today. CPCB may file a compliance report after collecting status of compliance from the said authorities by e-mail at [email protected] before the next date. Revised CPCB report may be placed on its website and also circulated to all States/UTs and PCBs/PCCs.
e. The IDMC may prepare and execute an action plan on the subject of 'Alternate Technologies for Management of Waste Water in Drains' after appropriate techno-economic evaluation at its end in the light of reports of the CPCB referred to by the YMC in its recommendations dated 20.01.2020 and 17.02.2020 or any other relevant inputs on the subject, within three weeks from its constitution which may be ensured by the Chief Secretary, Delhi. It is made clear that this direction does not in any manner obviate the need to comply with the earlier direction of this Tribunal and the timelines already laid down.
It is made further clear that Tribunal has not expressed any opinion about viability or desirability of any particular process or technology indicated in the report or otherwise. Only object of direction of this Tribunal is reduction and abatement of pollution load by using the best possible option.
9f. Chief Secretaries of Haryana and U.P. may also ensure action on the pattern of direction 'e' above in their respective jurisdiction within three weeks from today.
g. The Government of Delhi may review its 'free sewer scheme' referred to in para 22, 51 to 52 above, in the light of the order of the Hon'ble Supreme Court dated 24.10.2019 in Civil Appeal No. 9276-9290 of 2015 (Tata Power Delhi Distribution Ltd. v. Manoj Mishra), referred to in para 8 above, earlier orders of this Tribunal dated 08.05.2015 (referred to in para 22 above) and dated 11.09.2019 [para 15 (viii) (e)] and recommendations of the YMC (para 22 above).
h. A joint Committee comprising CPCB, NMCG, NEERI, IIT Roorkee and IIT Delhi may assess damage to environment, in monetary terms after the date of order of this Tribunal 13.01.2015, on account of degradation of river Yamuna, by continued inaction of the authorities in Delhi, Haryana (from Hathnikund till entry in State of UP), U.P. (upto Mathura), within three months from today. CPCB will be the nodal agency for coordination and compliance. The Committee will be at liberty to take such assistance from any individual(s)/institutions as may be necessary.
68. We place on record our sincere gratitude and appreciation to the YMC for its outstanding contribution in endeavours for rejuvenation of river Yamuna. Once setting up of SPV for River Front Management and constitution of IDMC as a single agency for remediation and management of all the drains in Delhi takes place, it should be possible for such SPV set up by the DDA and the Chief Secretaries of Delhi, U.P. and Haryana to directly monitor further steps, extensively laid down in the order of this Tribunal dated 11.09.2019 and the present order, in a time bound manner.
69. The YMC may accordingly submit its final report on the status of compliance as on 30.04.2020, before the next date so that thereafter monitoring of progress of rejuvenation of river Yamuna and related issues is taken over by the SPV and the Chief Secretary, Delhi, by constituting an appropriate effective institutional mechanism directly under him for exhaustively monitoring all issues relating to rejuvenation of river Yamuna. It will also be open to the Chief Secretaries of U.P. and Haryana to have their own appropriate mechanism for monitoring. The Chief Secretaries of Delhi, U.P. and Haryana may place the mechanism so evolved before this Tribunal before the next date. On conclusion of proceedings of the YMC constituted by this Tribunal, the record and database may be taken over by the SPV and the Chief Secretaries, Delhi, Haryana and U.P. List for further consideration on 14.05.2020.
A copy of this order be sent by e-mail to Governments of Delhi; Haryana; U.P; DDA; DJB; PWD, Delhi; all Municipal Corporations of 10 Delhi; CPCB; Ministries of Urban Development and Jal Shakti, Govt. of India; NMCG; IIT Delhi; IIT Roorkee and NEERI."
8. By further order dated 06.05.2020 the time for furnishing final report was extended due to lockdown.
III. Connected matters involving overlapping issues bearing on this matter:
a. OA 593/2017, Paryavaran Suraksha Samiti v. Union of India (preventing discharge of industrial effluents and municipal sewage).
b. OA 606/2018, Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues. c. OA 673/2018, In Re: News item published in "The Hindu"
authored by Shri Jacob Koshy, titled "More river stretches are now critically polluted: CPCB" (remedying polluted river stretches).
a. OA 593/2017, Paryavaran Suraksha Samiti v. Union of India (preventing discharge of industrial effluents and municipal sewage);
9. We may note three connected matters involving overlapping issues.
The first, OA 593/2017, Paryavaran Suraksha Samiti v. Union of India involves the issue of monitoring compliance of directions of the Hon'ble Supreme Court in (2017) 5 SCC 32611 to ensure that no industrial or municipal pollutant is discharged into water systems after 01.04.2018 and if it is done, State PCB must initiate prosecution. Further monitoring was to be by this Tribunal. In pursuance of the said order, this Tribunal has periodically issued directions. Directions issued vide order dated 21.05.2020 were for ensuring 100% treatment of sewage/ effluents and coercive action for violation of the timeline fixed by the Hon'ble Supreme Court. A copy of the said order was directed to be forwarded to the Secretary General, Hon'ble Supreme Court of India with reference to the judgment in (2017) 5 SCC 326. The matter was last dealt with vide order 11 Paryavaran Suraksha Samiti & Anr. v. Union of India & Ors.
11dated 21.09.2020 whereby noticing non-compliance, following directions were issued:
"36. Accordingly, we issue following directions:
i. All the States/UTs may address gaps in generation and treatment of sewage/effluents by ensuring setting up of requisite number of functional ETPs, CETPs and STPs, as directed by the Hon'ble Supreme Court in (2017) 5 SCC 326.
ii. The timeline for commissioning of all STPs fixed by the Hon'ble Supreme Court, i.e., 31.03.2018, has long passed. The Hon'ble Supreme Court directed that the State PCBs must initiate prosecution of the erring Secretaries to the Governments, which has also not happened. This Tribunal was directed to monitor compliance and, in the course, thereof, we direct that compensation may be recovered in the manner already directed in earlier orders (See, Paras 5 and 6 herein), which may be deposited with the CPCB for restoration of the environment.
iii. The unutilized capacity of the existing STPs may be utilized expeditiously.
iv. The States/ UTs may ensure that the CETP, ETPs and STPs meet the laid down norms and remedial action be taken wherever norms are not met.
v. It must be ensured that no untreated sewage/effluent is discharged into any water body. Prompt remedial action may be taken by the State PCBs/PCCs against non-
compliant ETPs/CETPs by closing down or restricting the effluents generating activity, recovering compensation and taking other coercive measures following due process of law.
vi. Directions outlined in Paras 24-26 herein may be implemented by the States/ UTs, and their compliance monitored by the Chief Secretaries at the State level, and the CMC at the National level.
xxx xxx xxx
x. CMC may consider development of an appropriate App to
enable easy filing and redressal of grievances with regard to illegal discharge of sewage/effluents.
xi. The monitoring by the CMC may have the target of reduction of pollution loads and improvement of water quality of rivers and coastal areas.
xii. The CMC may also monitor the setting up of the bio-
diversity parks, constructed wetlands and other alternative measures to reduce pollution load.
xiii. The CMC may also monitor demarcation of flood plain zones.
xiv. The treated sewage water may be duly utilized for secondary purposes by preparing appropriate action plans 12 and reports in this regard be filed with the CPCB periodically.
xv. CMC may submit its consolidated update report incorporating all the above, before the next date. Each action point mentioned in Para 26 may be individually covered, and summarized in a tabular format."
b. OA 606/2018, Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues
10. The second matter, OA 606/2018 is in pursuance of the order of the Hon'ble Supreme Court dated 02.09.2014 in WP No. 888/199612 to monitor compliance of solid waste management rules wherein in relevant part, the last order of 28.02.2020 held:
"41. In view of above, consistent with the directions referred to in Para 29 issued on 10.01.2020 in the case of UP, Punjab and Chandigarh which have also been repeated for other States in matters already dealt with, we direct:
a. In view of the fact that most of the statutory timelines have expired and directions of the Hon'ble Supreme Court and this Tribunal to comply with Solid Waste Management Rules, 2016 remain unexecuted, interim compensation scale is hereby laid down for continued failure after 31.03.2020. The compliance of the Rules requires taking of several steps mentioned in Rule 22 from Serial No. 1 to 10 (mentioned in para 12 above). Any such continued failure will result in liability of every Local Body to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body from 01.04.2020 till compliance. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal. Final compensation may be assessed and recovered by the State PCBs/PCCs in the light of Para 33 above within six months from today. CPCB may prepare a template and issue an appropriate direction to the State PCBs/PCCs for undertaking such an assessment in the light thereof within one month.
12 Almitra H. Patel Vs. Union of India & Ors.13
b. Legacy waste remediation was to 'commence' from 01.11.2019 in terms of order of this Tribunal dated 17.07.2019 in O.A. No. 519/2019 para 2813 even though statutory timeline for 'completing' the said step is till 07.04.2021 (as per serial no. 11 in Rule 22), which direction remains unexecuted at most of the places and delay in clearing legacy waste is causing huge damage to environment in monetary terms as noted in para 33 above, pending assessment and recovery of such damage by the concerned State PCB within four months from today, continued failure of every Local Body on the subject of commencing the work of legacy waste sites remediation from 01.04.2020 till compliance will result in liability to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal. Final compensation may be assessed and recovered by the State PCBs/PCCs in the light of Para 33 above within six months from today.
c. Further, with regard to thematic areas listed above in para 20, steps be ensured by the Chief Secretaries in terms of directions of this Tribunal especially w.r.t. plastic waste, bio-medical waste, construction and demolition waste which are linked with solid waste treatment and disposal. Action may also be ensured by the Chief Secretaries of the States/UTs with respect to remaining thematic areas viz. hazardous waste, e- waste, polluted industrial clusters, reuse of treated water, performance of CETPs/ETPs, groundwater extraction, groundwater recharge, restoration of water bodies, noise pollution and illegal sand mining.
d. The compensation regime already laid down for failure of the Local Bodies and/or Department of Irrigation and Public Health/In-charge Department to take action for treatment of sewage in terms of observations in Para 36 above will result in liability to pay compensation as already noted above which are reproduced for ready reference:
13The Chief Secretaries may ensure allocation of funds for processing of legacy waste and its disposal and in their respective next reports, give the progress relating to management of all the legacy waste dumpsites. Remediation work on all other dumpsites may commence from 01.11.2019 and completed preferably within six months and in no case beyond one year.
Substantial progress be made within six months. We are conscious that the SWM Rules provide for a maximum period of upto five years for the purpose, however there is no reason why the same should not happen earlier, in view of serious implications on the environment and public health.
14i. Interim measures for phytoremediation/ bioremediation etc. in respect of 100% sewage to reduce the pollution load on recipient water bodies - 31.03.2020. Compensation is payable for failure to do so at the rate of Rs. 5 lakh per month per drain by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f. 01.04.2020. ii. Commencement of setting up of STPs - 31.03.2020.
Compensation is payable for failure to do so at the rate of Rs. 5 lakh per month per STP by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f. 01.04.2020.
iii. Commissioning of STPs - 31.03.2021. Compensation is payable for failure to do so at the rate of Rs. 10 lakh per month per STP by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f. 01.04.2021.
e. Compensation in above terms may be deposited with the CPCB for being spent on restoration of environment which may be ensured by the Chief Secretaries' of the States/UTs.
f. An 'Environment Monitoring Cell' may be set up in the office of Chief Secretaries of all the States/UTs within one month from today, if not already done for coordination and compliance of above directions which will be the responsibility of the Chief Secretaries of the States/UTs.
g. Compliance reports in respect of significant environmental issues may be furnished in terms of order dated 07.01.2020 quarterly with a copy to CPCB.
11. In the above matter, this Tribunal requested the Niti Ayog to simplify and standardize technology and services dealing with solid and liquid waste management to avoid delays in such processes. Accordingly, Niti Ayog vide its report dated 25.06.2020 conveyed that such simplification and standardization was done in consultation with all experts and GeM has been asked to place such services on its portal.
Standard concessionaire agreements/DPRs etc. have also been prepared. The same have been referred to and fully quoted in the order of 15 this Tribunal dated 03.07.2020 in OA 514/2019 (relating to solid waste management in Kerala).
c. OA 673/2018, In Re: News item published in "The Hindu"
authored by Shri Jacob Koshy, titled "More river stretches are now critically polluted: CPCB" (remedying polluted river stretches)
12. The Third connected matter, OA 673/201814 is dealing with the remedial action for 351 polluted river stretches identified as such by the CPCB based on the water quality data, including river Yamuna. The said matter has been last dealt with by orders dated 29.06.2020 and 21.09.2020 in the light of earlier proceedings. A copy of order dated 29.06.2020 was directed to be forwarded to the Secretary General, Hon'ble Supreme Court of India with reference to directions in (2015) 12 SCC 764 passed in O.A. 200 of 2014 (relating to River Ganga) with a request that the Secretary-General may place the matter on the judicial side in terms of the direction of the Hon'ble Supreme Court in para 20 of said judgement.
The matter was last considered on 21.09.2020 alongwith OA No. 593/2017, Paryavaran Suraksha Samiti & Anr. vs. Union of India & Ors.
and common directions were issued which have already been quoted above. The Chief Secretaries of all the States/UTs were directed to monitor compliance at the State level and the CMC at the National level for ensuring that there is no discharge of pollutants in the rivers and drains connected thereto and taking other steps for rejuvenation of rivers, including demarcation of floodplains, use of treated water for secondary purposes and setting up of biodiversity parks, constructed wetlands and other alternative measures to reduce pollution load on the rivers to improve the water quality.
14 In Re: News item published in "The Hindu" authored by Shri Jacob Koshy, titled "More river stretches are now critically polluted: CPCB"
1613. Directions in order 21.9.2020 referred to above include monitoring of execution of action plans for all the 351 river stretches by the Chief Secretaries at the State Level and a Committee comprising of the Secretary, Ministry of Jal Shakti, NMCG and the CPCB at national level.
14. The present matter was last considered on 06.07.2020 with reference to the final report of the YMC dated 29.06.2020 and other developments and after noting the contents of the report under different headings with reference to the action points of action plan already noted in Para 4 above, it was observed:
"IV. Review of the final YMC report of 29.06.2020 and other developments before today's hearing
14. We may now deal with the 'final' report of the YMC dated 29.6.2020 which records inadequate action by the concerned statutory authorities in complying with the directions of this Tribunal and taking necessary steps for rejuvenation of Yamuna. In this regard, we note the disappointment expressed in a recent order of the Hon'ble Supreme Court dated 25.11.2019 in W.P. (Civil) No. 13029/198515 quoted in para 5 of the order dated 29.06.2020 in OA 673/2018 as follows:
"5. ...58. Rivers in India are drying up, groundwater is being rapidly depleted, and canals are polluted. Yamuna in Delhi looks like a black drain. Several perennial rivers like Ganga and Brahmaputra are rapidly becoming seasonal. Rivers are dying or declining, and aquifers are getting over pumped. Industries, hotels, etc. are pumping out groundwater at an alarming rate, causing sharp decline in the groundwater levels. Farmers are having a hard time finding groundwater for their crops e.g. in Punjab. In many places there are serpentine queues of exhausted housewives waiting for hours to fill their buckets of water. In this connection John Briscoe has authored a detailed World Bank Report, in which he has mentioned that despite this alarming situation there is widespread complacency on the part of the authorities in India.16 "4. We see Yamuna river virtually turned into a sullage. We take judicial notice of this situation. Similar is the position with Ganges. As it proceeds, industrial effluents are being poured in rivers. Sewage is also being directly put in rivers contributing to the river water pollution. We direct the Pollution Control Boards of the various States as well as
15 M.C. Mehta v. Union of India 16 State of Orissa v. Govt. of India, (2009) 5 SCC 492 17 the Central Pollution Control Board and various Governments to place before us the data and material with respect to various rivers in the concerned States, and what steps they are taking to curb the pollution in such rivers and to management as to industrial effluents, sewage, garbage, waste and air pollution, including the water management. We club the pending case of water management with this matter.17
15. As noted from the order dated 05.03.2020, this Tribunal observed that with the establishment of a single authority to deal with the treatment of sewage in all the drains called Integrated Drain Management Cell (IDMC) and setting up of SVP by DDA, the monitoring can be done by the Chief Secretaries of Delhi, UP and Haryana at State level and at national level by the Secretary, Ministry of Jal Shakti, NMCG and CPCB and the Principal Committee constituted for monitoring of remedial plan for river Yamuna. The DDA unfortunately has taken a stand, without any valid basis, that it cannot constitute a special purpose vehicle. Having regard to the stand of the DDA as well as in the absence of any proposal for effective alternative institutional mechanism in terms of para 69 of the order dated 05.03.2020, we find it necessary to continue with the YMC for the time being in the interest of rejuvenation of river Yamuna and protection of environment and public health and the rule of law.
16. As already noted, the issues on which the YMC has focused are:
(I) Environmental Flow (II) DDA and Demarcation of the Flood Plains and Conservation Activities (III) Quality of River water (IV) Sewage Treatment Plants (V) Interceptor Sewer Project (ISP) (VI) Repair and maintenance of Drains (VII) Industrial Pollution and CETPs (VIII) Sewage and Faecal Sludge Management (IX) Online Monitoring of STPs, CETPs and Yamuna (X) Use of treated Waste Water (XI) Idol Immersion (XII) State of Haryana and pollution of the River Yamuna (XIII) State of Uttar Pradesh and Pollution of the River Yamuna (XIV) Creating Public Awareness Through Information Dissemination Strategies
17. The Committee has given the status of compliance as well as proposed directions in respect of each of the above action points. The report of the Committee is exhaustive and is available on the website of the NGT as well as that of the Committee itself. We note that the YMC has provided a tabular statement summarizing the major directions of the NGT, achievements and directions needed. The table gives bird's eye view of the entire issues at one place. The table is 17 M.C. Mehta Vs UOI- W.P. (Civil) No. 13029/1985 dated 25.11.2019 18 included as Appendix to this order for reference. We further mention the proposed directions under each of the head suggested by the YMC at the end of each Chapter dealing with the above action points18:
(I) Environmental Flow The YMC requests the NGT to consider issuing the following directions:
1. That the recommended E- flow is a scientific study and all stakeholders should treat it as a critical parameter for revival of the river.
2. The, MOJS, UYRB and the riparian states of Uttarakhand, HP, UP, Haryana and Delhi who are beneficiary states under the Water Sharing agreement of 1994 to rework the water sharing arrangement to permit release of the recommended E- flow at Hathnikund barrage.
3. The NMCG, UYRB, MOJS and the riparian states should identify policy and water conservation measures, including measures for enhancing water use efficiency of agricultural practices and promoting cultivation of less water intensive crops through price support mechanisms.
4. The NMCG and MOJS should prepare a road map, with timelines in consultation with state governments and other stake holders for the implementation of various policy and conservation measures.
5. CGWB and CPCB be directed to monitor the status of ground water in floodplains areas where shallow reservoirs have been created and if the outcomes are encouraging, direct GNCTD and States of Haryana and UP taking up such works in their areas along the floodplains (II) DDA and Demarcation of the Flood Plains and Conservation Activities:
1. Demarcation: NGT may consider directing that the area Chief Engineer undertakes foot marches along the bollards in his jurisdiction and even small encroachments are removed there and then. The Vice Chairman may be asked to get a signed compliance from each area in-charge every month.
2. Land allotted by DDA to other Departments. The completion of handing over by DMRC and other Departments needs follow up. A firm direction to complete the process in 3 months is needed.
3. 48 year old Court Matter involving vast tracts of land.
NGT may kindly consider directing that a status report be filed by the Vice Chairman DDA after he has gone into the case.
4. UP delay in making payment to DDA: Hon'ble NGT is requested to direct that the work should start and to consider passing strictures against the officials who handled the case in UP Irrigation for giving assurances to the 18 The table and proposed directions suggested by the YMC are not being quoted herein.
19YMC which have been forgotten after the meeting. The work should start as it is connected with rejuvenation and UP authorities are delaying transfer of funds. NGT may consider passing an appropriate order as this is not a new matter and is being delayed unnecessarily.
5. 954 hectares are still under cultivation: NGT may consider directing that a plan for eviction of those possessing the land and where there are no court stays be prepared. DDA needs to be reprimanded for evading doing this for so long. Without a plan the agriculturists will only get more strength to ward off reclamation efforts whenever these are mounted.
6. Surveillance to Prevent Dumping: It is recommended that NGT directs the DDA to certify that there are now no portions of the flood plains outside CCTV or security coverage and to consider giving watch and ward responsibility to a reputed NGO if they work on nominal payment or pro-bono.
7. Progress of 10 projects for Rejuvenation NGT is requested to entrust the monitoring of future work to some responsible entity as the unforeseen events has no doubt given a legitimate cause for delay but unless there is oversight the momentum built up may slow down indefinitely.
8. SPV :
Part A: It is urged that the management of a relatively small area from Old Railway Bridge to Majnu Ka Tila which YMC had referred to in all its reports may be entrusted for integrated management in public interest. It is very necessary that the present truncated management both public and private leading to haphazard activities are brought under a unified, cohesive structure for coordination. This needs to have representation from DDA, MCD (North,) Police, either the Delhi Government's Department of Art and Culture or an arm of the Union Ministry of Culture and some reputable NGOs to plan to make this an integrated area to promote cultural/ religious and historical interest but managed as a whole without ownership of land changing.
Part B: NGT has given its vision of an SPV which would be all encompassing for the entire flood plain. The YMC's only comment is to flag the need for the tempo built up not to be slowed down in the process.
(III) Quality of River water:
1. CPCB in collaboration with DPCC should bring out a monthly report on the quality of river Yamuna and display it on the Website of CPCB for public information. The Report should be compiled after assimilating and incorporating the test reports of DPCC which maintains nine stations so that there is no variance between the reports of the two organizations. At present the independent reports generated by the two regulatory bodies are difficult to reconcile and can create confusion in the mind of the public and media.20
2. The River Front and River Conservation Authority as a SPV which the NGT has directed to be created should be given the mandate to closely and periodically monitor the river Quality and submit periodic report to the Tribunal and also bring out an annual report in the public domain.
3. CPCB be directed to submit damage assessment report without any further loss of time. Considering the disruption caused due to the lockdown, a two-month extension to the Committee to submit their report is recommended.
4. It is abundantly clear that rejuvenation of the River Yamuna is within reach if the flow of the river is sustained and the polluting industries closed down.
The experience during the Lockdown period when unrelated to the closure, extra water was released, shows what a huge difference heightened flow can make. Although industries were closed sewage was being discharged in the drains and river and septage management by itself was not substantial enough to make such a big difference. The conclusion that is self-evident is the fact that increased flow and closure of industries-both in conforming areas and in the non- conforming areas had contributed despite the presence of sewage as was prevalent as usual. For the health of the river more water is needed. There is every need to revisit the water sharing agreement and incentivize less water intensive crops to conserve it. Use of less water intensive crops and other conservation measures was a task given to the National Institute of Hydrology as a part of E flow study which the Institute must suggest.
(IV) Sewage Treatment Plants (STPs)
1. Much of the work on new STPS are at a nascent stage and monitoring at this stage is being done in respect of land allotment issues. A strong direction from NGT to the Chief Secretary GNCTD is needed to provide oversight to land allotments within a period of three months.
2. An increase in capacity utilization of STPs would need much more capacity building within the organisation. The DJB has not shared any details of the technological and efficiency parameters by which it will achieve this. The DJB was asked to create measurable benchmarks to evaluate progress but this has not been done.
3. It is the understanding of the YMC that the IDMC was not only to focus on phyto- bio-remediation. That was suggested as a means to tackle the sewage which is flowing in the storm water drains. But there is a need to have a focal point to which the drain owning agency reports if sewage is not plugged/ diverted or the polluter pays Principle applied on households that have not arranged for collection services or provided septic tanks. In the chapter on septage Management the data on colonies and populations have been tabulated. A Government order number dated31.3.2020 Annexure - C- 4/3places responsibility for enforcement on the urban local bodies. But unless someone monitors this it will remain a 21 paper order. The IDMC should be directed to examine the progress made by the local bodies through its own administrative mechanism.
4. Pending land allotment for STPs, Govt of NCT Delhi be directed to concentrate on extensive coverage of the households/colonies relying on Septic tanks as in- situ sanitation measure in the catchment areas of the proposed STPs on the one hand and in-situ remediation of sewage in drains on the other.
5. Up-gradation of STPs to meet revised standards laid down by DPCC and also directed by the NGT, be taken up in a time bound manner. Non- compliance to environmental standards on the grounds of non-availability of funds is unacceptable. If required funds should be directed to be mobilised by levying sewage charges on all the citizens irrespective of the water consumption and whether they live in sewered areas or un-sewered areas. This was also ordered by NGT in its order of 13.1.15 and reiterated in order dated 26.7.18. YMC does not find any justification in subsidising those living in colonies like GK, Vasant Vihar, Vasant Kunj etc where almost 50% of the households do not pay any water and sewerage charges under 20 KL free water scheme.
(V) Interceptor Sewer Project (ISP) Considering that it a flagship project, DJB be directed to submit quarterly progress report to the Tribunal against milestones.
The completion of ISP and the plugging of drains have been given much room for elasticity and reasons for further delay are already available. But when the magnitude of environmental damage is as overwhelming as the quantum of pollution shows, funds have to be assigned. It is not a new requirement and policy makers have to evaluate the risk of giving room for extended delays. As directed by the Hon'ble Tribunal in order dated 08.5.2015, shortage of funds, if any, should be made up by invoking Polluter Pays Principle.
NGT may kindly consider passing orders that the completion of these projects may be given overriding priority on grounds of public health and ecological safety.
(VI) Repair and maintenance of Drains:
1. Hon'ble NGT may consider directing DPCC to monitor 11 drains which have been trapped with regard to the effectiveness of trapping. In some places (viz. Sweepers Colony drain, Magazine drain, drain no. 14 and Barapula drain) some JJ clusters/isolated jhuggis have started coming up which release sewage directly into the drains. Such encroachment on drains should be stopped by the drain owning agencies and the DSUIB directed to provide amenities like community latrines in such JJ clusters. Permitting JJ 22 clusters to come up downstream of the point of trapping defeats the very purpose of trapping of drains.
2. MC recommends directions to DDA for allotment of land to DJB for setting up of the plant at the mouth of Mori Gate Drain, Mori gate drain and Barapula Drain within next three months. Allotment of land for setting up STPs on these drains has been hanging fire for the last two years if not longer. The process of allotment must be done on priority and Chief Secretary and VC DDA be directed to personally oversee this and submit compliance to NGT within three months.
3. The DJB be directed to submit revised timelines which are realistic and will fasten accountability on the officers responsible for the projects. Delhi Jal Board must also take a decision on the capacity of proposed STP after considering the discharge proposed to be trapped from Kushak and Sunheri Bagh Drain into sewerage system. IDMC be directed to monitor this.
4. NDMC be directed to plug all the sewage flowing into this drain from the areas under its charge within two months and submit a compliance report before the Tribunal. DJB be directed to take up the work of de-silting of Gravity ducts immediately as short term measure and rehabilitate these ducts for carrying more discharge as a long term measure. Action plan with definite timelines be called from DJB
5. YMC recommends directions to Chief Secretary Govt of NCT Delhi to strengthen the monitoring of these projects which impact the health of public at large and fix accountability of the officers for adherence to the timelines.
(VII) Industrial Pollution and CETPs
1. Directions may be issued to Commissioner Industries and MD DSIIDC to furnish a quarterly Progress Report to the Tribunal on the study underway for up-gradation of the CETPs and for effective and time bound implementation of the recommendations of NEERI report.
2. Establishment of the Hazardous waste management Facility.
This was directed to be set up by GNCTD by June 2020, however, due to Covid19 lockdown and the delay in grant of Environment Clearance the work of establishing the Hazardous waste site will be delayed. Considering that Delhi does not have any Hazardous waste Treatment facility, directions may be issued to the GNCTD and DSIIDC to set up the facility by December 2020 and the authorities be directed to submit quarterly report to the Tribunal.
3. NGT may also kindly consider directing the MOEF&CC to expedite grant of Environmental Clearance considering the urgency of the matter.
(VIII) Sewage and Faecal Sludge Management 23
1. Regardless of when the individual household gets connected to the sewer network, Govt of NCT Delhi should start levying sewerage charges on all the households, whether located in sewered/unsewered unauthorized colonies or even slums. DUSIB can subsidise the poor but all others must be made to pay for the pollution created by whatever name the levy may be called.
2. The Delhi Slum Improvement Board (DSUIB) has claimed before YMC that the Board has installed community toilets and no sewage goes into drains. This statement can only be checked by an external agency which does a random check. Judging from the complaints of people residing around Chirag Delhi and Nizamuddin West the sewage from the jhuggis is flowing into the drains causing an intolerable stench.
3. Out of the 626 U/A colonies, which are not covered by the ISP, while some are proposed to be brought under sewerage network, there is no clarity about 502 colonies. NGT may direct the IDMC to have a three-pronged approach and while in-situ phyto/bio-remediation and septage management must continue there is also need for oversight of the implementation of an SOP which casts responsibility for sewage in drains on the local bodies. NGT's direction is needed to clinch need for all 3 strategies to be used -the bottom line being the stoppage of sewage in storm water drains.
4. NGT may direct the IDMC to mount a survey of colonies and households which are having pit latrines/collection services and those who have no sewerage system and are discharging into the drains. Without linking strategies to populations in the colonies people will continue to pollute.
5. Applying the polluter pays Principle, every individual household causing pollution by release of sewage into the open environment or in the sewer network has been already made liable for payment for its treatment irrespective of whether the sewage is conveyed through a sewer network or by way interception under the Interceptor project or through septage management. NGT may direct that a response be given to the Tribunal's order to revisit the policy of subsidizing polluters as there is no response. Orders of the Tribunal starting 2015 and last reiterated in September 2019 have been ignored.
(IX) Online Monitoring of STPs, CETPs and Yamuna NGT may consider issuing the following directions
1. To provide statutory backing to the SOPs, CPCB be directed to issue directions under Environmental Protection Act 1986 to DJB, DSIIDC, and Commissioner Industries for comply with the SOPs in letter and spirit and also fix accountability for any dereliction. In the absence of such statutory backing, it is doubtful whether the SOPs will get implemented effectively.
242. To DJB, DSIIDC/Industries Department to fix accountability on the supervisory officers for failing to ensure periodic calibration and for not imparting training to those in charge of using the OLMS.
(X) Use of treated Waste Water YMC recommends the following to the NGT for issue of directions to the stakeholders:
1. DJB needs to work with Divisional Commissioner and the 11 District Magistrates to see that the directions issued by Lt Governor in notification dated 12.7.2010 and reiterated by the Chief Secretary vide his letter dated 09.03.19 are strictly enforced. Presently there is shifting of blame between the District Magistrates and the DJB on the enforcing this important provision of law. The District Magistrates need to give monthly figures of sealing to the authority which monitors this. It should be shared with DJB. Presently only cumulative totals were being given to YMC.
2. Other bulk users of water like the Railways, DMRC and Transport Department should also be directed to use treated waste water for washings and construction, by more polishing if required which will reduce use of ground water which is reported to be used. This will need to be monitored. An NGT direction is needed as these bodies have not generally shown any enthusiasm to attend meetings called on this subject.
3. Construction and installation of de-centralized modular STPs of Kiloliter capacity range to be installed adjacent to parks and gardens and using sewage flowing in the drains or erected along the sewer lines. This has been done by the SDMC in Vasant Kunj Park and few other areas
4. Creating root zone treatment system in vacant portions of the parks and gardens by diverting sewage in the drains from the man- holes. This will have both demonstrative effect and help meet water needs of the parks without resorting to use of machinery. DDA proposes to undertake phyto-bioremediation in parks/gardens where the treated waste water received from DJB is not of good quality. The phyto/bio-remediation should help polish the treated waste water to better standards.
5. The bad odour from the treated waste water, high mineral content and presence of Fecal Coliform which are harmful to plant growth and human health becomes the bone of contention and DJB must see that public fears are addressed and allayed properly through the District Magistrates and also the MCDs which are in charge of conservancy. RWAs should be convinced that the water is odourless and safe for being used in neighborhood parks. There is a need for NGT's direction as this becomes no man's land and results in the park owning agencies refusing to use the water. If there is a 25 quality benchmark for treated waste water to be used in colony parks, and an independent agency can be called by the RWA to test the water quality being supplied it will allay public apprehensions and end disputes with the RWAs and residents.
(XI) Idol Immersion NGT may consider directing the Govt of NCT Delhi to follow the SOPs developed and practiced for idol immersion during 2019.
(XII) State of Haryana and pollution of the River Yamuna The Committee has mentioned the status of STPs in catchment areas with the observation that the Haryana YMC was not able to verify the compliance status due to lockdown. However, untreated effluents are being discharged in river Yamuna through 11 drains, including untreated sewage and industrial effluents at Faridabad, Yamuna Nagar and Panipat as also discharge of sewage and effluents at Gurgaon. Tankers carrying septage are illegally disposed of in adjoining drains. Online monitoring devices are not fully functional. It is further mentioned that the Haryana YMC has conveyed all the deficiencies to the concerned departments.
(XIII) State of Uttar Pradesh and Pollution of the River Yamuna Hon'ble NGT may consider issuing the following directions:
1. Independent assessment of flow in all the drains reaching Yamuna be undertaken within next two months and thereafter submit action plan for setting up STPs to bridge the gap with definite and monitorable timelines.
2. Out of 427 MLD of treatment capacity in Sahibabad and Loni STPs with only 80 MLD capacity are compliant to standards. A direction to UP Jal Nigam, Ghaziabad MDA and Ghaziabad Municipal Corporations to upgrade/rehabilitate the STPs to meet revised environmental standards of TSS/BOD:
10/10 mg/L within next two years and the authorities being directed to submit Action plan to achieve this within next three months.
3. Stoppage of all sewage from sewered areas of Sahibabad Banthala and Indira Puri as per the Action Plan prepared by the State Government by December 20.
4. Implementation of Septage management by December 20 in all areas which are not sewered.
5. UPSIIDC be directed to ensure setting up CETPs and ensure their proper functioning. UPPCB be directed to put in place policy for realizations in case the industries failed to pay. As requested by the UP PCB the arrears of unpaid EC be directed to be realized as arrears of land revenue.
6. The YMC is unable to comment on the omnibus compendium submitted for NMCG funding pertaining to Phyto and Bio remediation. However, when approved the drains which are 26 polluting the Sahibabad and its tributary drains need to be taken up if feasible. The reply of UP on in- situ bio/phyto remediation is vague and does not inspire confidence about the seriousness of the intent.
7. A direction is required to be given to the UP Irrigation Engineer in Chief and the Principal Secretary Irrigation relating to the inordinate delay in paying DDA for undertaking the rejuvenation of the flood plains on the UP side as a deposit work which was promised on several occasions but has not made any headway in the last 7 months when one months time had been sought.
(XIV) Creating Public Awareness Through Information Dissemination Strategies NGT is requested to direct that with the closure of schools, the Action Plan which was in operation both by the Departments of Environment and Education should be redesigned to make it amenable to on line viewing and participation. Webinars should be planned using the themes already identified.
In the context of distancing the YMC feels that a film should be prepared for the public as well as students which can be viewed on television or you-tube giving the historical, cultural, economic and social significance of the Yamuna; also highlighting the citizen's role by looking inwards at the individual's role and responsibility.
The Government should ask for periodic evaluation of the impact of the Yamuna awareness programmes which should be filed before NGT along with outcomes which should be evaluated.
The awareness building programmes necessarily need to include Municipal and private schools.
V. Today's proceedings and directions
18. The above discussion shows that major problem continues to be pollution caused by discharge of sewage, industrial effluents and other pollutants. If Yamuna is to be rejuvenated such discharges either directly or through drains need to be stopped. This is possible only if the IDMC performs its functions effectively to prevent discharge of untreated sewage into the drains or into Yamuna. The DPCC needs to ensure that polluting industries are stopped and new industries are not allowed without safeguards.
The second major issue is of protecting the flood plains and undertaking other restoration measures for which the DDA has to own the responsibility in an effective manner. Serious challenge on this aspect continues without an exclusive agency for the purpose. Large amount of flood plains are still under encroachment. Setting up of adequate wetlands and other such useful activities remain a distant dream.
Third major issue is of e-flow which has to be worked at administrative level.
Apart from authorities in Delhi, the States of Haryana and UP cannot avoid their responsibility. Undertaking 27 awareness programme and involving civil society is essential. Effective institutional monitoring mechanism has to be evolved.
19. We have carefully perused the recommendations of the YMC. We are in agreement with the same. The directions proposed are essential for compliance of orders of this Tribunal and environmental norms.
20. We find the stand of the DDA that a special agency (by whatever name called) to deal with protection of flood plains and undertaking restoration programmes cannot be constituted by it to be wholly untenable. DDA has been constituted under the Delhi Development Authority Act, 1957 and its statutory responsibility is development of Delhi and all matters ancillary thereto. The authority is headed by L.G. Delhi with Vice-Chairman appointed by the Central Government and other members. Section 5A enables the authority to constitute as many committees as may be necessary for various purposes. We fail to understand as to why a SPV by whatever name called cannot be constituted under Section 5A of the DDA Act, 1957 or under the ancillary powers and duties of the DDA. Any such difficulty may be sorted out in consultation with the YMC and the Principal Committee. The object of having such an exclusive agency is to relieve the concerned officers discharging multiple functions of the DDA from the onerous and burdensome task of looking after long neglected time consuming and important work of restoration of the River environment and protecting and repossessing the encroached flood plains.*19A dedicated agency needs to be in place which can focus on issues relating to the Yamuna rejuvenation and also involve the civil society or such other experts/institutions as may be found necessary for ecological restoration of the flood plain zones, setting up of bio-diversity parks, artificial wetlands, phyto-remediation of drains at the river mouth locations, maintaining the vigil and undertaking flow measurement, creating ecological services, removing encroachments and undertaking other activities, including river front development. It may also take steps to attract and educate the citizens and nature enthusiasts for nature related activities, including building environmental temper amongst citizenry, without in any manner causing any damage to the flood plains, as already directed by this Tribunal. This Tribunal has not issued directions out of the blue or without knowing the structure of DDA. It is based on Expert Committee recommendations and covered by order dated 13.01.2015 and later orders. There is a detailed discussion on the subject in the report of the YMC dated 05.02.2020 and the report shows that the concept has been found viable, necessary, and useful even by the Cabinet Committee. Once it is desirable to do so, the unthoughtful and untenable plea that the DDA itself being an authority cannot create any authority has no legs to stand and is in contradiction to its own earlier stand. The DDA cannot function in the air. It has to function through individuals or group of individuals/agencies by whatever 19 *Substituted on 09.07.2020 for "The object of such exclusive agency is that instead of concerned officers discharging multiple functions of DDA looking after long neglected time consuming and important work of restoration of the River environment and protecting and repossessing encroached flood plains."
28named called. Section 5(A) specifically provides for constitution of Committees. The Committee so constituted should be tasked with the functions noted above and relieved of any other responsibilities. Rejuvenation of river Yamuna is an important function and DDA cannot shy away from its statutory responsibility. Yamuna rejuvenation can be model for rejuvenation of 351 river stretches in the country given its location in national capital territory where all experts authorities and funds are available. It is undisputed that huge amount of work of ecological restoration and removing encroachments is incomplete since long. One major bottleneck for this is absence of a dedicated agency for the purpose.
21. Accordingly, we direct that:
a. DDA must forthwith comply with the earlier direction instead of finding lame excuses and taking stand of avoiding public duty. b. Let the concerned authorities in Delhi, Haryana and UP to take further action in terms of the recommendations of the Committee as well as earlier directions of this Tribunal dated 13.01.2015, as updated vide earlier orders dated 11.09.2019 and 05.03.2020. The compliance may be overseen by the Chief Secretaries concerned. The Committees headed by Justice Pritam Pal in Haryana and Justice SVS Rathore in UP may also oversee such compliances in their respective states and give their independent reports periodically.
c. The YMC may continue to monitor compliance of the directions in continuation of its earlier working for the time being. The facilities provided to be Committee including the office space may continue so that the Committee can operate effectively.
d. CPCB may complete its task of assessment of compensation in coordination with the NMCG, NEERI, IIT Delhi and IIT Roorkee as earlier directed.
e. The Delhi Government may forthwith comply with the order of the Hon'ble Supreme Court dated 24.10.2019 on the subject of levy and recovery of the sewage charges.
f. IDMC may carry out its functions as already directed. g. Let the authorities in Delhi, Haryana and UP consider and adopt the report of the Niti Ayog in shortening the procedures in dealing with the waste management activities.
h. The order of this Tribunal in 351 river stretches20 as well as in Paryavaran Suraksha Samiti21 to prevent discharge of any pollutants in river bodies and order for compliance of solid waste management norms22, in regards to river Yamuna, may be complied with and monitored by the Chief Secretaries at the State Level and by the Secretary, Ministry of Jal Shakti with NMCG and CPCB at the national level. The Principal Committee constituted by this Tribunal may resolve the difficulties, if any, in coordination with the YMC.
i. The issue raised by the YMC, of the unavailability of land preventing setting up of STPs may be addressed by DDA, and monitored by the Principal Committee. Having regards to the 20 Paras 12 & 13 21 Para 9 22 Para 10 & 11 29 priority to be given to the treatment of sewage disposal in the drains joining river Yamuna, the land available on the flood plains may be utilized for the purpose, if there is no other alternative or till other land becomes available. Needless to say, such safeguards sites for such purpose may be approved by the Principal Committee.
j. The issue of e-flow may be resolved by the Principal Committee as recommended by YMC.
22. We need not repeat our observations on other issues already discussed above. The YMC will monitor all the said issues for the time being.
23. If inspite of direction of this Tribunal and orders of Hon'ble Supreme Court, direction for levy of sewage charges is not complied with, it is open to either party to move the Hon'ble Supreme Court for such action as may be necessary for enforcement of the direction of the said Hon'ble Court. It is also open to either party to move the Delhi High Court for enforcement of the direction for steps to be taken by the DDA in removing the encroachments etc. with reference to the order of this Tribunal dated 11.09.2019 in L.P.A. No. 681/2019.
24. As per procedure currently being followed, the YMC furnishes its quarterly report with a copy to the Chief Secretaries of Delhi, Haryana and UP and the DDA/any other statutory body. Their response, if any, is required to be given to the Committee and the Committee gives its observations thereon. We find that some of the parties mechanically file their action taken reports even when there is no contest to the recommendations of the Committee as such. The role of the Delhi, Haryana, UP and DDA/other authorities in Delhi in presentation before this Tribunal is limited to their response, if any, to the desirability of recommendations of the Committee and not of mechanically filing action taken reports which have already been considered by the Committee and on which the recommendations have been made.
25. In view of above, we direct that the further report of the Committee be furnished giving status as on 30.11.2020 with a copy to the Chief Secretaries of Delhi, Haryana and UP and Vice Chairman of DDA/any other authority who may give their response, if any, to this Tribunal with a copy to the YMC within two weeks. The YMC may give a tabular statement about the recommendations/response of the authorities and further observations of the Committee before the next date by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image/PDF before 15.01.2021."
15. Accordingly, the YMC has filed its 5th report dated 07.12.2020. In the overview, the Committee has observed that the quality of river remains abysmally bad in terms of BOD and DO levels. The Committee has thereafter given the status of progress made under various heads in the 30 NCT of Delhi, stretch falling in Haryana and stretch falling in UP. The report has been followed by a tabular statement filed on 23.01.2021 after considering replies of stakeholders with recommendations of the YMC thereon.
16. The table filed by the YMC about status of various issues with columns of response of concerned authorities and recommendations of the Committee is being included as Appendix to this order.
However, the recommendations of the Committee in its report under various heads are quoted below:
"Environmental Flow S. Issues as per YMC Recommendations of YMC No. Final report of 29.6.20 and NGT's order of 6.7.20
1. E-Flow 1.NGT may consider issuing directions to MoJS/NMCG to accept and notify E- flow recommended by the NIH this will set a benchmark/platform on which policy decisions may be taken.
2.Prepare a monitorable action plan in coordination with other Ministries like Agriculture, and the state governments to achieve the recommended E-flow. Without this the policy intent may not be achieved.
3.The CGWB and CPCB be directed to continue to monitor the ground water level and its quality in coordination with IFCD during, pre- monsoon, post-monsoon and lean season months and submit reports to the YMC and Principal Committee to take a decision on further continuation and its extension to other areas if found beneficial.31
2. Setting up an SPV NGT may consider directing that the membership of the or any other body RYMC,the Executive Committee (or Committees) to oversee the suggested by YMC and the subcommittees or system for River Related institutional back -up should be prepared in a way Issues that the challenges and bottlenecks get highlighted before the high-level RYMC and there is continuity in following up of decisions. A dedicated secretariat may be directed to be set up as otherwisediscussions held may not get properly acted upon. Also, the membership of the Committees and the terms of reference should form an integral part of the order setting up the RYMC and Executive Committees which would obviate delay in making the RYMC and its organs functional.
It is pointed out that even after the RYMC is setup, there would be a need for reports to be filed before the National Green Tribunal as the projects, schemes and strategies which are in progress and on the anvil cut across several departments and organisations under GMCT as well as under the DMR's which report to independent elected bodies besides DDA itself. Since the improvement in the quality of river water is the only benchmark by which performance can be judged, the directions and oversight by the NGT will ensure that the functions are taken seriously. Building public participation and awareness as directed by NGT requiresa comprehensive plan and has to have both cultural as well as ecological moorings. NGT may direct that all the issues of education of children, awareness building, promoting cultural events and nature walks etc require to be managed imaginatively and a system for engaging institutions and agencies who have a track record has to be put in place so the Yamuna remains emblematic for different sections of society. DDA does not have the wherewithal to do this and must set up a calendar of events which are managed professionally. Until all things fall into place oversight by the Tribunal would be necessary so that whatever momentum has been built up because of NGT's previous orders remains in focus.
3. Quality of River i. CPCB and DPCC should coordinate and increase the water number of stations for monitoring water quality in the river Yamuna as suggested by the YMC.
ii. All the product manufacturers of soap and detergents be directed to disclose the ingredients present in the product and display the same on the package. This is a matter which will only be effective if the Ministry of Consumer Affairs under whom the BIS functions are directed to bring out a policy and notify not just standards but a mandatory requirement to declare the ingredients alongwith their proportion.
iii. Soap making is not confined only to NCT of Delhi and even if efforts are made by GNCT Delhi, it will not have the intended effect on soap/detergent manufacturing in other states where soap and detergent manufacturers continuing to produce non-standard cleaning items may not be proceeded against by enforcement agencies. Since the effluent joins the drains and the river in Delhi, the problem will continue. Therefore, there has to be a policy direction from the Central Ministry of Consumer Affairs based upon the findings of the CPCB and the DPCC, the huge media coverage and public anxiety when the frothing of the Yamuna continues year after year. CPCB needs to advise Ministry of Consumer Affairs of the health hazards and risks to humans which goes beyond the 32 visual quality of the water bodies and the river. There is a need to have a plan to phase out the use of certain chemicals which are not permitted by other countries due to health reasons and/or reduce the quantities thereof.
iv. NGT may also direct the Government of NCT Delhi to issue orders prohibiting sale, storage and transportation /marketing of detergents which do not conform to the revised BIS standards. GNCT Delhi may also be directed to launch awareness campaigns about the harmful effect of using substandard soaps and detergents.
4 Sewage Hon'ble NGT may consider issuing the following directions:
Treatment Plants NGT's order 1. Tree felling permissions have caused undue delay in dated 6.7.20 Commissioning of the STPs, and the proposals are awaiting approval since September 2020 which is affecting a slew of interdependent activities which cannot commence without the land being handed over without trees. The Department of Forests is expected to see that the provisions of law on tree cutting are implemented as provided in the statute which refers to time bound clearances having to be accorded or rejected. GNCT Delhi should within two weeks grant permission for tree felling if the requirements under the Delhi Tree Preservation Act 1994 have otherwise been complied with failing which Chief Secretary shall be personally present before the Tribunal on the next date of hearing. **23
2. [FOOTNOTE MAY PLEASE BE REFERRED.] ii. NMCG being the funding agency, should evolve a water tight mechanism to ensure that payments to the agencies executing YAP-III projects are made promptly and diversion of project funds made inadmissible. Once project funds are allowed to be used for salaries etc, the delay in payments to the contractors is bound to happen. There is every need for Department of UDD, NCT Delhi and the NMCG to be represented on the Delhi Jal Board and to introduce financial controls that do not permit of diversion of funds inter or intra the YAP III projects.
iii. As directed by the Hon'ble Supreme Court in "Quiet Flows the Maily Yamuna" case which stood transferred to the Hon'ble Tribunal, the Principal Secretary UDD (presently the Additional Chief Secretary) is expected to review the progress on a monthly basis and the Chief Secretary on a quarterly basis.
Quarterly progress reports should be submitted to the Tribunal along with an affidavit.
iv. YMC recommends a performance Audit by the Controller and Auditor General of India to bring out the systemic problems and corrective action needed. Section 69 of the Delhi Jal Board Act of 1998 makes provision for C&AG's audit and Hon'ble NGT may consider directing the Government of NCT Delhi for 23 ** On 22.1.21 a What's App message was received from the CEO DJB that the approval for tree cutting has since been accorded.
** In a What's App message sent on 22.1.21 the CEO has informed the Member YMC that the approval for tree cutting has been received. The Directions may kindly take this into account as the recommendation was made before the message from CEO DJB was received which is still informal at the time of dispatch of this statement.
33approaching the CAG to undertake a performance audit.
v. The YAP III projects with a financial outlay of Rs 1600 crores can certainly benefit from the advice of a more professional ways of project monitoring as the present systems are ineffective. If after scores inspections and meetings the change is not visible, the lack of progress does not result in rapid execution, it points to the need for doing things differently.
vi. When the Delhi Jal Board Act1998 was enacted, the senior most functionaries were required to be not below the rank of Joint Secretary to Government of India. That applies to the CEO of DJB, the Members in charge of Finance, Drainage, and Administration besides others. The Government should consider inducting officers and professionals possessing wider experience and exposure, particularly when there is so much dependency on external consultants.
vii. Since DJB is a successor organization to the 'Delhi Water Supply and Sewage Disposal undertaking", all its official websites, official communications should prominently convey its mandate for both water and sewerage. This is necessary to give thrust to the work that it is mandated to do under the Act of 1998. The GNCT Delhi should also consider amending the Act suitably to cover "Sewage Disposal" in the title of the Act itself to provide the requisite thrust and orientation.
viii. DJB should come up with a definitive plan of upgradation of STPs with budgetary outlays year- wise and timelines for achieving the revised standards as non- compliance to the environmental standards by a public authority on the ground of non-availability of funds is unacceptable under environmental jurisprudence.
ix. GNCT Delhi should, within next two months, submit a report indicating timelines within which land allotments for the decentralised STPs will be finalised as the matter has been unresolved for the last almost 4 years.
x. Since in-situ phyto/bio remediation in drains is being monitored by the IDMC headed by the CS, a status report on action taken be filed within two months. NGT may also consider permitting the CPCB/DPCC to allow use of EC funds for pilot projects on in-situ phyto/bio remediation, one drain in each of the DMCs in Delhi.
5. Interceptor The following directions may be considered :
Sewerage Project (ISP) 1. DJB should ensure that 147 drains out of 204 additional drains falling in the catchment of Najafgarh and Shahdara drains, which are not covered under ISP, must be trapped and sewage diverted to nearest STPs with strict adherence to the timelines which should be prescribed and monitored.
2. Timelines for each stage of the process should be laid down. The responsibility for different segments of the process of trapping and depositing into the SPSs should be assigned to specific officers. The progress should be monitored by the CEO on a monthly basis against the agreed timelines.
343. The extent to which these drains can be taken up for in-situ bio/phyto-remediation should be got studied by a competent agency.
4.The results of the tripartite committee's findings on river water quality should be placed in public domain periodically.
6. Repair and YMC recommends issue of the following directions:
Maintenance of Drains 1. IDMC constituted by the GNCT Delhi on orders of NGT should holistically cover all aspects of prevention, control and treatment of sewage in the drains and also ensure that enforcement action is taken under the Water act of 1974, the Delhi MC act of 1957 and any other law in force.
2. The issue of land allotment for STPs/SPSs be resolved by the VC DDA and CS GNCT Delhi within next two months and a compliance report submitted to the NGT.
3. IDMC should direct authorities/drain owning agencies to install CCTV cameras at the hotspots of pollution in drains/ trapping points to monitor sewage/septage in the drains and to act as a deterrent against throwing garbage. CCTV should need a control room as DDA has provided on the floodplains (for 24x7monitoring of trucks entering the floodplain). That system is functioning well.
IDMC may be directed to have common control rooms for selected drains manned by common control rooms involving all drain owning agencies and DPCC.
4. All households in the colonies which have been notified as sewered should be provided or directed to take connections to the sewer network within next three months. Failure of households to take sewer connections should be made liable to pay EC of Rs 10,000 per month. NGT may also consider directing that after 30thApril 2021 if it is found that sewer connections have still not been installed in a functional state, the Chief Secretary should make adverse remarks in the Annual Reports of the senior most DJB officer in charge of the concerned colony and a report thereof has to be furnished to the Tribunal by 15.5.2021.
This action is covered by NGT's order dated 11.9.19 in which inPara15(A)(iv)(g) NGT had directed the Chief Secretary, GNCT Delhi as follows:
"For delay of the work, the Chief Secretary, Govt. of NCT Delhi must identify the officers responsible and assign specific accountability. Wherever there are violations, adverse entries in the ACRs must be made in respect of such identified officers for delay in setting up of STPs, sewerage network and its connectivity by the concerned head of the department".
Further the order states that "where works with regard to STP, sewerage network and its connectivity have not yet started, the Govt. of NCT, Delhi has to pay an Environmental Compensation at the rate of Rs. 10 lakhs per month per STP, Sewerage network and its connectivity after 31.12.2020 for the delay and it will be open to Govt. of NCT of Delhi to recover the said amount from erring officers/contractors''
5. In situ bio/phyto remediation through technology of Constructed wetlands developed for Kilokari drain near Kalindi colony and Dhobi Ghat at South 35 Biodiversity park by DDA through Prof Babu of CEMDE may be considered for replication by all drain owning agencies who should be directed to visit the Kilokari drain. Encroachment on public land should be removed in wider public interest as the presence of pollutants are a health hazard to the community. Human habitation on public land is ubiquitous in Delhi but the safety of tens of thousands of citizens must surmount concern for a few score citizens that prevent the treatment of sewage and waste water because they have encroached on the land.
6. There should be zero tolerance for intermixing of sewage in the storm water drains which is done by puncturing the sewer lines. NGT may consider directing that if any new punctured sewers are found, the responsibility should be fixed on the concerned Executive Engineer of the DJB and DMCs/drain owning agencies at the point of puncture. It may be treated as willful negligence or misconduct, inviting major penalty since this cannot happen without the concerned Executive Engineer's connivance or negligence. Puncturing storm water drains is a serious offence because it exacerbates pollution and causes health hazards to residents.
IDMC may be directed to establish mechanism to receive and promptly investigate and report on such instances of local puncture of drains.
7. A team of Scientists from NEERI, NMCG and IIT Delhi should take a decision on whether or not further study of legacy sludge in river Yamuna should be undertaken in view of the findings of NEERI report. IFCD should coordinate this.
7 Industrial YMC recommends that the Hon'ble NGT may consider Pollution and giving the following directions:
CETPs I. The Govt of NCT Delhi/DDA should take a final decision within the next three months on the issue of industries operating in industrial areas which have been notified for redevelopment. A last date for submission of layout plans may be given as it has remained unresolved for years together and is having an adverse impact on the containment industrial pollution. The nature of industries that may be permitted in such areas should be notified first and if they do not qualify they must be asked to relocate or should be removed if there is non -compliance. ii. NEERI should complete its study of CETPs up - gradations within the next three months and also give a feedback to the YMC on the implementation of the short term measures recommended for improving the functioning of CETPs.
iii. An Action Plan should be drawn up for identifying drains located within the Industrial clusters and identify those carrying industrial effluent. The work of Wazirpur IE be taken up on priority within the next two months and with the help of NEERI pumping and conveyance infrastructure be repaired and effluent conveyed to the CETP. This should be coordinated by the IDMC and report submitted to the Tribunal within 2 months.
iv. The Chief Secretary and the Chairman DPCC / Principal Secretary Environment & Forests Govt of NCT Delhi should take immediate steps to suitably 36 strengthen DPCC and fill up all the vacant posts to enable it to perform its regulatory functions. In the interregnum particularly, posts of technical nature should be filled up on Contract. This has been advised by YMC in repeated meetings with DPCC but the organisation is clearly either not or is unable to pull its weight with the senior officers / Government. The services of retired scientists with the requisite experience can be hired for one year on lump sum payment till the posts are filled up on a regular basis.
8 Septage YMC recommends the following:
management and 1. NGT may consider directing GNCT to complete all Levy of EC decision making processes for implementation by end of March 2021 and start levying sewerage charges on all households from 01.04.21.
2. Direct the GNCT Delhi to complete household connectivity to all households in 561 colonies which have been notified as sewered colonies within the next three months and submit a compliance report to the Tribunal. The provisions of section 28 of the NGT Act may be invoked if provision of household connections is not completed by 30.04.21.
3. Individual District Magistrates are not enforcing the Septage Regulations which require detecting illegal tankers and taking action against the vehicle owners.
The performance of the DMs as far as enforcement is concerned over the last 20 months of the operation points to laxity on the part of both the DMs and the DJB officers who should have been pursuing this proactively. Action may also be directed to be taken by the Chief Secretary against the officers who have failed to implement/enforce the Government order of GNCT Delhi which made them responsible for containment/collection of septage discharged into storm water drains.
4. For failure to enforce the provisions of the septage management regulations against unregistered septage collectors and /or providing sewer connectivity to households there is sufficient cause to take action as already directed by NGT in its order dated 11.9.19. In that order in Para15(A)(iv)(g) NGT had directed the Chief Secretary, GNCT Delhi as follows :
"For delay of the work, the Chief Secretary, Govt. of NCT Delhi must identify the officers responsible and assign specific accountability. Wherever there are violations, adverse entries in the ACRs must be made in respect of such identified officers for delay in setting up of STPs, sewerage network and its connectivity by the concerned head of the department".
Further the order states that "where works with regard to STP, sewerage network and its connectivity have not yet started, the Govt. of NCT, Delhi has to pay an Environmental Compensation at the rate of Rs. 10 lakhs per month per STP, Sewerage network and its connectivity after 31.12.2020 for the delay and it will be open to Govt. of NCT of Delhi to recover the said amount from erring officers/contractors."
5. Alternative strategies may be directed to be given with timelines for treatment of drains in 593 colonies which are targeted to be sewered only by 2024 and 645 colonies for which land is yet to be allotted. DJB is a revenue earning organisation and has to treat sewage at a heavy cost which is paid out of Government funds. It can raise resources and not sit back in the hope that 37 NMCG will always support it to fulfil its obligatory functions.
6.Commissioners of the DMCs be directed to put in place a mechanism for better enforcement of pollution in drains within their jurisdiction and realisation of EC levied under Polluter Pays Principle.
7. The UDD and the DMC Commissioners be directed to redefine the role and functions of DEMs under DMCs to include night patrolling of the drains and the only way to judge progress is for IDMC to get random inspections done by an external party and to hold DEMS or the enforcement agency of the concerned DMC responsible for presence of solid waste, non-levy of EC and poor recovery.
9 Online Monitoring YMC recommends the following Directions:
System (OLMS)
1. CEO DJB and the MD DSIIDC be directed to identify officers within their organizations who should be responsible for smooth functioning of OLMS, its calibration in time as per the SOPs prescribed by the CPCB and fix accountability in the event of default.
2.Each organization (DJB/DSIIDC) should evolve procedures and systems for attending to alerts received online or through SMSs/WhatsApp messages within prescribed timelines which should be worked out in advance and notified to all levels of decision making within the organization so that any problem in the Plant or any of its units are addressed expeditiously.
3. Calibration should be done through a NABL accredited laboratory as per the frequency and protocol laid down in the SOPs prescribed by the CPCB.
4. DPCC should review its testing and calibration protocols and impart training to lab technicians on a periodic basis to upgrade their skills if required.
5. In the event of repeated noncompliance by STP and/or CETP, DPCC should consider levying EC on the plant operator.
4. CPCB should set up a surveillance system for monitoring high levels of Ammonical N in river Yamuna particularly during the winter months of lean season flows in the river and intensify monitoring of STPs/CETPs in Haryana, both online and through physical inspections.
5. DPCC should be directed to create a feedback loop in their OLMS to share the data with DJB and CPCB in case of high levels of Ammonical N observed at Palla to alert the Plant officials at Wazirabad well in time.
10 Use of Treated YMC recommends the following Directions:
waste water 1. Despite DJB officers taking up with Divisional Commissioner and District Magistrates have not resulted in any tangible enforcement action to seal borewells where water treated at an STP is available. NGT may consider directing the Chief Secretary Delhi to see that the output and performance of individual DMs in so far as enforcement is concerned is got monitored by their direct superior authority- the Divisional Commissioner so that incremental progress on sealing bore wells is planned in conjunction with the lifting of treated waste water. This should be reviewed by the Chief Secretary every quarter and DJB made responsible for accelerating the use of treated waste water This has to be related to the mapping exercise so that the work of sealing is planned to synchronize with the availability of treated waste water. DJB must also push for more decentralized STPs to be set up in all large parks. This has been done successfully by SDMC and DDA and there is a need for all large parks to 38 construct and operate in -situ STPs which too has to be monitored with reference to targets given to the park owning agencies.
2. DJB should give wide publicity to the policy of free supply of treated waste water so as to promote its use for cooling, dust pollution control and construction activities as well as washing of buses, railway carriages etc,
3. The NGT may consider directing the Ministry of Jal Shakti and the States of Haryana, UP and Delhi to meet and expedite the decisions on exchange of treated water in lieu of fresh water so as have a clarity on the willingness of states to operationalise the plan which may be the first of its kind and deserves every encouragement.
4. UYRB be directed to coordinate this and submit a progress report to the Tribunal. This be accorded priority in view of the fact that use of treated waste water, which presently is unutilized for agriculture will reduce waste and make fresh water available for drinking purposes.
5. NGT may consider directing the bulk users of water like the Railways, DMRC, CPWD, DTC, CPWD and PWD to prepare a plan for switching over to the use of treated water for washings, construction, dust control etc. In its last report dated 29.6.20 YMC had recommended "Bulk users like the Railways, DMRC and Transport Department be also directed to use treated water for washings and construction, which will reduce use of ground water which is reported to be used. This will need to be monitored. A NGT direction is needed as these bodies have not generally shown any enthusiasm to attend meetings called on this subject. NGT had accepted and supported this in its order dated 6.7.20 and despite that there has been no response from Railways although from the DJB's response it is not for want of trying. Even the claims of DMRC need to be verified. This needs to be taken up by the Chief Secretary with the Cabinet Secretary seeking his intervention as the DJB is not able to enforce its own policies and despite NGT's directions has not been effective in pursuing the Central Government organizations as well as other bulk users of water.
6.The overall off take of treated water as reported by DJB should be monitored. DJB should be directed to compile data by user and confirm that DDA, the DMCs and other stakeholders are lifting the water as claimed. The Department of Urban Development has not been monitoring this which is needed in the given circumstances.
11 Industry Interface --
12 The YMC had NGT may consider issuing direction to Chief Secretary
flagged the to:
following issues 1. Ensure that sewage from approved and unapproved to the State of residential areas is diverted to the nearest STP for Haryana for treatment. MD HSIIDC may be directed to ensure that compliance of all the CETPs are complying with the discharge Orders of Hon'ble standards. The ATN may cover new measures instituted NGT dated after 01.02.2021 and effective initiatives taken by 06.07.2020. these officers.
(Action: ACS PHED and ACS ULBD)
2. Prepare a comprehensive action plan with measurable targets prepared for diverting the domestic sewage to the adjoining STPs and stop the discharge of untreated sewage into the Storm Water Drain.
393. Expedite the construction of proposed 02 Nos. of CETPs for treatment of Industrial Effluent discharged by utensil manufacturing units in Jagadhri Town. (Action: ACS ULB and ACS PHED and UDD) All unlicensed manufacturing units which are in nonconforming areas and operating from households have to be moved or closed down. Repeated assurances have not led to any perceptible change and a long rope continues to be extended. In such a situation, no engineering solutions can make a difference to the extent of pollution. The action on the survey and the recommendations referred in the state's latest reply summarized in Column 4 need to be acted upon urgently as it has been discussed several times. The survey and IIT Roorkee report has to be viewed as fortifying what has been known all along - not treated as a new finding. Action on the ground is needed as several months have gone in undertaking surveys and getting expert reports well knowing the existence of heavy water pollution.
In the event of noncompliance action may be taken in accordance with directions in para 15(B) (vi) of Hon'ble NGT's order dated 11.9.19 which states" "For delay of the work, the Chief Secretary, Govt. of Haryana must identify the officers responsible and assign specific accountability. Wherever there are violations, adverse entries in the ACRs must be made in respect of such identified officers for delay in setting up of STPs, sewerage network and its connectivity by the concerned head of the department."
(Action: ACS Industries and Managing Director HSIIDC)
4. Expedite the capacity augmentation of CETPs. Till that is done HSPCB should restrict the large industries operating in the industrial estate from discharging excess industrial effluent which exceeds the quantum for which consent was given under the Water Act, 1974. The present responses and pace of work continue to be unsatisfactory for which appropriate remonstrance may be considered. (Action: MD HSIIDC).
5. Submit a monitorable monthly progress report to HYMC for repair and for construction of 5 new STPs (3 by ULB and 2 by HSVP). The generic standards notified by Niti Aayog which help to fast track the process of awarding work along with technical specifications should be considered.
If untreated sewage is allowed to continue it can have disastrous consequences on the populations residing in the area. The subject is being truncated between agencies and the assurances carry little conviction. The three officers may be directed to meet every month, prepare a joint action plan after being shown the problems on the ground by the Haryana Pollution Control Board's Member secretary. The progressive action decided to be taken in terms of planning and execution should be minuted by the Member Secretary, HSPCB who should add his remarks on whether it is sufficient. HYMC team may be called for the meetings and their advice minuted every month. This should not be delegated below senior most officers as indicated. In the event of non - compliance, action may be taken in accordance with directions in para 15(B) (vi) of Hon'ble NGT's order dated 11.9.19 which states"
For delay of the work, the Chief Secretary, Govt. of Haryana must identify the officers responsible and assign specific accountability. Wherever there are violations, adverse entries in the ACRs must be made in 40 respect of such identified officers for delay in setting up of STPs, sewerage network and its connectivity by the concerned head of the department. i) The Govt. of Haryana will be liable to pay Environment Compensation if defaults take place as under: a). The operational deficiencies of the existing STPs must be rectified within three months failing which Environmental compensation of Rs. 5 Lacs per month for STP shall be deposited with CPCB.
(Action: ACS ULBD, Chief Administrator HSVP and Commissioner, Municipal Corporation Faridabad).
6. Take expeditious action for construction/ upgradation of 17 Nos. (2 STP recently identified) of STP in 07 Major Towns. By giving unverified responses which are not based on ground realities and execution capacity of the agencies, the seriousness is getting diluted.
(Action: ACS ULB, PHED, and Chief Admn HSVP).
7. Expeditiously start construction of New CETPs and squeeze the timeline for the same. (Action: ACS ULBD, CEO GMDA and MD HSIIDC)
8. Initiate action against the officers and operators responsible for O&M of these STPs as they have failed to rectify the operational deficiencies and are not following the SOPs laid down.
(Action: ACS PHED, ACS ULB, CEO GMDA).
9. Expeditiously start the capacity augmentation of 4 Nos. of CETP at Sonepat and take effective steps in removing operational deficiencies in rest existing CETPs. Further, CEO GMDA may be directed to upgrade 30 MLD CETP at Manesar. The Chairman HSPCB may be directed to pull up their officer responsible for monitoring the operational efficacy of the CETPs in their Jurisdiction. It seems either the water samples for the outlet of the CETP were not properly collected or the analysis of water sample is not correct.
(Action: MD HSIIDC, CEO GMDA)
10. to expedite the construction and operationalisation of Sewer Conveyance Network along with diversion of sewage to the nearest STP, falling which untreated sewage will find its way to River Yamuna through Drains. The performance of the ULBD's officers headed by the ACS ULBD may be judged by the extra quantum of sewage reaching the STP and getting treated. HYMC may be asked to report on this as it is not meaningful to keep track of the length of the sewer line that is constructed without reference to the end result which is to get households connected to the conveyance system, the success whereof can be gauged by the extra quantum of sewage deposited in the STP. (Action: ACS ULBD).
11. Ensure that the Septage Management Policy notified by the State of Haryana be followed strictly. This alone will to reduce the pollution load in 11 major drains until the conveyance systems are laid and households take connections.
(Action: All Magistrates and Municipal Commissioner).
12. Nominate a senior officer not below the rank of Superintending Engineer to supervise the operational efficiency of OLMs installed on STPs and CETPs and make the information easily accessible to the public by giving incremental reports of what the OLMs data shows and to also share the quality of water being discharged into the drains for public knowledge. It may be considered whether the relevant faculty and students of the Punjab University or IIT Roorkee or the local engineering colleges can be asked to collaborate 41 in informing the public. Internships for students will also give a much needed focus to the abatement of pollution in the drains which impact the river. This cell should provide proper over sight of the performance of the operators who have to maintain the OLMs.
(Action: ACS PHED, ACS ULB, CEO GMDA, MD HSIIDC and Chief Administrator HSVP).
13. Ensure completion of work by engaging double shift labour and in any case complete it by 31.5.2021as promised. The Chief Secretary Haryana may ensure that the work is awarded within the next 15 days as an emergency requirement. (Action: ACS Irrigation).
14. Complete the work of diversion of effluent from Storm Water Drains Leg-I, Leg-II and Leg-III on priority as it has taken much longer than necessary.
a) To undertake area an assessment of waste water generation and disposal after treatment so that there is a benchmark for incremental reduction of the polluted discharge. The information on Gap Assessment is needed to be able to judge progress as the objective is to free the drains of pollution which can only be measured by flow and presence of pollutants.
(Action: CEO GMDA)
-This is a matter which has either to be addressed at a policy for a under the Ministry of JS or by the Apex Court which has taken cognisance of the matter recently.
15. Take up Phyto remediation/bio-- remediation projects to prevent the discharge of untreated sewage in the drains as an interim measure. These officers may be asked to show definite progress and if this is still not achieved in the next four months NGT may consider having an adverse remark entered by the Chief Secretary in the Annual Report of the officers at the instance of NGT as this is not a new responsibility and is not being grappled with any seriousness.
(Action: ACS PHED, ULB, CEO GMDA and Chief Administrator HSVP).
16. Expedite the work of diversion of sewage from non- conforming areas to the STPs.
(Action: ACS, ULBD)
17. Strict monitoring of Water Quality in 11 major drains which will reflect the status of domestic and industrial effluent treatment in the catchment area. (Action: Chairman, HSPCB)
18. Ensure that domestic effluent generated from the effluent from the remaining villages should be trapped and treated or Septage management policy implemented in such villages to ensure zero discharge into drains leading to Yamuna., Government of Haryana need to either get decentralised STPs constructed or to set up Phyto-bioremediation projects as it has been going on indefinitely and according to present indications will have time overruns unless each case is decided on a location specific basis.
(Action: ACS, Development & the Panchayats Department)
19.Review the inspection policy for industrial pollution and to ensure that all large and medium highly polluting industries are inspected frequently and EC levied where called for.
(Action: ACS Envt and Climate Control0 and Chairman HSPCB)
20. Review the inspection policy for Private Residential Colonies Condominiums. Assurances given are quite hollow compared with what the HYMC has reported from ground conditions.
42(Action: ACS Environment and Climate Control and Chairman HSPCB)
21. Formulate a policy and implement the same for reutilization of treated waste water for agriculture purposes throughout the states but particularly in the catchment area of River Yamuna.
Action: ACS Irrigation /Agriculture).
22. for taking up the work of Bioremediation / Phyto remediation in all 11 Major drains through which effluent is being discharged in River Yamuna.
(Action: ACS PHED and ACS ULBD)
23. Assign accountability on HSPCB as the poor recovery of less than Rs 5 crores against a levy of Rs 300 crores shows that the orders are only on paper and the most charitable explanation is that this is not a priority. It however reflects very poorly on the priority accorded by the Government and the lack of perseverance on the part of the officers.
(Action: Chairman HSPCB and the ACS Environment) 13 State of Uttar YMC recommends that Hon'ble NGT may consider Pradesh and issuing the following directions:
Pollution of the 1. Since Shahibabad and Indirapuri drains, which have Yamuna a very high BOD/COD of 195/580 and 237/930 mg/L respectively and contribute substantial volume of both industrial and domestic sewage into Yamuna, the State of UP should complete the trapping of entire sewage and industrial effluent in these drains within next 3 months, failing which the directions contained inpara:15(A)(iv) of NGT's order dated 11.9.19 should be invoked:
"For delay of the work, the Chief Secretary, State of Uttar Pradesh must identify the officers responsible and assign specific accountability. Wherever there are violations, adverse entries in the ACRs must be made in respect of such identified officers for delay in setting up of STPs, sewerage network and its connectivity by the concerned head of the department.
i). The State of Uttar Pradesh will be liable to pay Environment Compensation if defaults take place as under:
a). The operational deficiencies of the existing STPs must be rectified within three months failing which Environmental compensation of Rs. 5 Lacs per month for STP shall be deposited with CPCB......."
2. CPCB and UPPCB should jointly assess the STPs at Ghaziabad, Dundahera, Shahibabad, Indirapuram and Loni with regard to their functionality, capacity utilisation and compliance to standards and submit a report to the Tribunal/YMC within one month. The joint team should also give its comments on the functional upgradation being undertaken by the State and whether the work can be completed as per the schedule given by the State of UP.
3. The joint team constituted by District Administration, Ghaziabad, should undertake inspections of industries in non -conforming areas on a regular basis as the industries once closed have a tendency to restart. Strong punitive action under the Water Act/ Municipal Acts is needed with zero tolerance for industrial discharge from particular areas.
4. The State of UP should in coordination with DDA take effective steps for rejuvenation and protection of the floodplains and submit a status report on demarcation, eviction of encroachments and rejuvenation work done "
on the UP portion of the floodplains.
5. A decision also should be taken on the cost sharing of the floodplain rejuvenation works and funds made 43 available to DDA for rejuvenation of UP portion of the floodplains as agreed between the two states.
17. Before considering the report, we note that the issue of preventing discharge of sewage and industrial effluents, referred to in Para 8 above, has been further dealt with by this Tribunal, vide order dated 21.09.2020 in the light of report of the CPCB and the Central Monitoring Committee (CMC), headed by the Ministry of Jal Shakti, in OA 593/2017, in pursuance of directions of the Hon'ble Supreme Court in (2017) 5 SCC
326. By the said judgement, all the States in the country are required to ensure that the requisite water treatment devices are installed in time bound manner by 31.3.2018, after which coercive measures must be taken. Following the said orders, the Tribunal directed that the River Rejuvenation Committees (RRCs) (which were directed to be constituted by the Tribunal to prepare and execute action plans for restoration of the polluted river stretches) and the Chief Secretaries of all States/UTs must ensure preventing of any pollution of the rivers by enforcing the statutory law and norms and Constitutional obligation of providing pollution free environment.
18. We have heard learned Counsel for the NCT of Delhi, DJB and the State of Haryana. There is no objection to the recommendations of the Committee.
19. From the report of the Committee, it is clear that major problem of preventing pollution by discharge of sewage, industrial effluents and other pollutants remains unaddressed. This was so observed in para 18 the last order also, as quoted above in the paragraph 14. There is hardly any improvement in evolving meaningful and effective institutional mechanism for monitoring. Though IDMC is reported to have started functioning, 44 tangible results are yet to be shown, as noted in the report of the YMC.
The Committee has particularly found that 147 drains in the catchment of Najafgarh and Shahadra drains have not been tapped, as earlier directed.
Against heading 6, dealing with repair and maintenance of drains, the Committee has noted huge gap in generation and treatment of sewage. The Committee has rightly recommended that all the drains in which untreated sewage is being discharged need to be intercepted and diverted so that the untreated sewage is not conveyed to the river. Such gaps need to be bridged in UP and Haryana also. The IDMC and DJB have to ensure this for Delhi. The monitoring by Additional Chief Secretary and Chief Secretary Delhi in terms of order of the Hon'ble Supreme Court dated 24.07.2017 has yet to take place. Necessary devices for sewage and effluent treatment have still not been installed to the required extent. Inspite of availability of huge funds, DJB is not working in a professional manner, as observed by the YMC. Water quality remains highly deteriorated as pollutants are still being discharged into the drains.
Flood plains are not being made encroachment free, affecting the riverine ecology. Awareness programmes are inadequate. Biodiversity parks and other measures have also been found to be inadequate. Frothing frequently found is in absence of regulating composition of detergents, which find place in the river through sewage, for which action needs to be taken by DPCC/CPCB/Ministry of Consumer Affairs. E-flow needs to be managed by resolving inter state issues administratively. Accountability needs to be enforced against failure of timelines which are being changed at leisure with no adverse consequences against non-performers.
Compensation regime needs to be strictly followed on 'polluter pays' principle which was not happening depicting failure of the regulators. The 45 observations in respect of authorities in Delhi equally apply to the States of Haryana and UP.
20. There is, thus, need for continuous and effective working of the IDMC to plan and oversee prevention of untreated sewage being discharged in the drains or the river. Apart from discharge of sewage, there is need to stop industries from discharging effluents by concerned statutory authorities, including the DPCC. The issue of protection of flood plains by the DDA remains to be satisfactorily addressed even though steps are said to have been taken for constitution of a SPV for the purpose.
Encroachment is huge and steps taken are miniscule. Meaningful working of SPV by DDA will depend on success to remove encroachment and keeping continuous vigilance. Thus, on the part of concerned Authorities in the State of Delhi, Haryana and UP further actions in terms of the earlier orders of this Tribunal as well as the current recommendations of the Committee need to be taken, which may be overseen by the Chief Secretaries of concerned States on regular basis by constituting a cell of experts on the subject directly reporting to the Chief Secretary for meaningful monitoring in coordination with authorities like DDA, IDMC, DPCC, DJB etc.(in the context of Delhi). Non-adherence to timelines must result in adequate and stringent action against accountable persons. Timely completion of projects must be ensured, otherwise for generations the problem will remain untackled, as vested interests will like the projects to remain pending and delayed to the detriment of the public interest. Interim measures like phytoremediation need to employed where permanent solution is delayed. Earlier directions of the Tribunal, which by and large remain un-complied so far, need to be strictly followed with meaningful coercive measures against the erring officers and the violators.
4621. As already noted, the matter has been dealt with by the Hon'ble Supreme Court for 23 years, before transfer of the matter to this Tribunal in the year 2017 and by this Tribunal for almost nine years.
Finding inadequate compliance, the Tribunal constituted a Monitoring Committee on 26.07.2018 with the hope that day to day monitoring by an independent Committee may result in some improvement. The Committee has functioned for more than two years and contributed in a big way in steering the authorities with a clear road-map by its exhaustive reports on every aspect but the authorities' action has been every time found to be inadequate and continues to be so. This requires the authorities to change their attitude and rise to the occasion to discharge their Constitutional obligation to the citizens to provide clean environment by protecting the scarce sources of water by stringent steps against the erring officers and the violators and by effective monitoring at appropriate higher levels, reviewing/modifying the failed models and failed officers. All the issues have been duly identified and categorical directions issued. Recommendations made for future compliance need to be taken up seriously by the concerned statutory and administrative authorities.
22. The Tribunal or Tribunal appointed Committee cannot be expected as substitute for governance and can at best set directions. This has been done by elaborate order passed on 13.1.2015, based on recommendations of the Experts with defined timelines. The order also constitutes 'Principal Committee' headed by Secretary Jalshakti to oversee compliance. Further, the Hon'ble Supreme Court vide order dated 24.4.2017 directed monitoring by Additional Chief Secretary Urban Development and Chief Secretary Delhi. The Hon'ble 47 Supreme Court has fixed deadline of 31.3.2018 for ensuring pollution control devices, indicating sources of funding and requiring coercive measures for failure which has not happened. The satisfactory results are not visible on account of failure of enforcement and monitoring, as found by the Monitoring Committee.
23. Accordingly, we direct that in terms of directions of the Hon'ble Supreme Court and earlier orders of this Tribunal, henceforth the Chief Secretary, NCT of Delhi, in coordination with other authorities (such as, Additional Chief Secretary Urban Development, DDA, IDMC, DPCC, DJB) and the Chief Secretaries of Haryana and UP may personally monitor the progress, by evolving effective administrative mechanism to handle grim situation caused by years of neglect.
Causes of failure of existing mechanism and remedial measures required be addressed in the light of reports of the Committee. This needs to be further overseen at National level by the Central Monitoring Committee, headed by Secretary Jalshakti, which also includes NMCG and CPCB, in terms of earlier orders of this Tribunal. To give effect to the orders of the Hon'ble Supreme Court, the Tribunal has already directed constitution of River Rejuvenation Committees (RRCs) in all the States/UTs by order passed in OA No. 673 of 2018 in Re: News item published in "The Hindu"
authored by Shri Jacob Koshy titled "More river stretches are now critically polluted : CPCB, to be headed by the Environment Secretaries of States/UTs, to prepare and execute action plans for restoration of the polluted river stretches, under the oversight of the Chief Secretaries of the States/UTs. Such action plans are already in place. The RRCs of Delhi, Haryana and UP may accordingly monitor execution of the action plans with proper inter-departmental coordination, to remedy the polluted stretches of river Yamuna in their respective jurisdiction, 48 subject to oversight of the Chief Secretaries on quarterly basis, who may thereafter give their quarterly reports to the Central Monitoring Committee (CMC) headed by the Secretary, Jal Shakti in terms of order dated 21.09.2020 in O.A. No. 673/2018, supra.
24. We place on record our appreciation for the contribution of YMC in the last more than two years. With the taking over of the further monitoring by the Chief Secretaries of NCT of Delhi (and other authorities of Delhi, including DDA, DJB and Municipal Corporations), Haryana and UP, proceedings of the Committee constituted by this Tribunal on the subject will stand concluded, subject to further monitoring by the concerned State Authorities.
25. As noted earlier, in terms of directions atleast by four orders i.e. dated 24.04.2017 in W.P. No. 725/1994, (in the case of Yamuna) dated 22.02.2017 in (2017) 5 SCC 326 (dealing with the issue of preventing water pollution), in (2015) 12 SCC 764 (regarding Ganga, which also includes Yamuna) and dated 2.9.2014 in Almitra Patel, WP No. 888/199624, referred to in para 10 above (regarding solid waste management), the Hon'ble Supreme Court has directed this Tribunal to monitor compliance of directions of the Hon'ble Supreme Court to prevent pollution, particularly of rivers. The Tribunal has accordingly attempted to do so and also required Chief Secretaries of all States/UTs to appear before the Tribunal in person for interaction on the issues. Based on such interaction, further directions were given. In view thereof, the registry of this Tribunal has sent, apart from other orders, copies of its orders dated 21.05.2020 and 29.06.2020 to the Secretary General, Hon'ble Supreme 24 Almitra H. Patel Vs. Union of India & Ors.
49Court25, with the request that the matter be considered on the judicial side of the Hon'ble Supreme Court, if required. In continuation, we direct the registry of this Tribunal to forward a copy of this order to the Secretary General, Supreme Court of India, for the matter being placed on the judicial side, if so required. We also note that the Hon'ble Supreme Court has taken suo moto cognizance on the subject of remediation of polluted Rivers in Suo Moto W.P. (C) No. 01 of 2021.
26. With the above directions, all proceedings before this Tribunal will stand disposed of, subject to the matters being further considered by the Tribunal in O.A. No. 593/2017 and 673/2018 in the light of reports of the CMC, based on monitoring by it with the assistance of Chief Secretaries of States/UTs in terms of orders of this Tribunal to give effect to the orders of the Hon'ble Supreme Court, referred to above. However, it is made clear that this order will not affect earlier directions, including the constitution and functioning of the 'Principal Committee', headed by Secretary, Jal Shakti in terms of order dated 13.01.2015 read with later orders.
Wherever the YMC has suggested filing of periodical reports with this Tribunal, such reports be filed with the Secretary, Ministry of Jalshakti, heading the 'Principal Committee' in terms of order dated 15.1.2015 and also heading the CMC. The website set up by the YMC and all other record available with it may now be utilized as per directions of the Chief Secretary, Delhi.
27. On the above pattern, the monitoring by the Committee headed by Justice Pritam Pal for the stretch of Yamuna in Haryana will also stand concluded, subject to the monitoring being now undertaken by and under 25 As mentioned in Paras 9 and 12 50 the Chief Secretary, Haryana and filing of reports with the CMC, on same pattern as in Delhi.
The application is disposed of.
A copy of this order be also forwarded to Secretary Jalshakti, Government of India, NMCG, CPCB, Chief Secretaries of Delhi, Haryana and UP, DDA, DJB and Municipal Corporations of Delhi, Ms. Shailja Chandra, former Chief Secretary, Delhi and Justice Pritam Pal, former Judge, Punjab and Haryana High Court by e-mail.
Adarsh Kumar Goel, CP S.K. Singh, JM Dr. Nagin Nanda, EM January 27, 2021 Original Application No. 06/2012 A&DV 51 APPENDIX Environmental Flow S.No. Issues as per YMC Observations in YMC's report of Comments of stakeholders/ Comments of YMC on the Recommendations of Final report of 7.12.20 parties reply received from the YMC 29.6.20 and stakeholder concerned NGT's order of 6.7.20 1 E- Flow: Pursuant to NGT's order of6.7.20 No further comments on YMC's YMC reiterates that 1.NGT may consider NGT in its order of directing that Principal Committee report of 7.12.20 received from the recommendations issuing directions to 6.7.20 directed as should decide on the issue of E- flow, NMCG/MoJS. made in the report of NIH MoJS/NMCG to accept under: MoJS/NMCG had observed that the be accepted and E- flow and notify E- flow The third major water sharing agreement of 1994 notified. This is necessary recommended by the issue is of e-flow among the riparian states of as the recommended E- NIH this will set a which has to be Uttarakhand, HP, UP, Haryana, flow will set as benchmark benchmark/platform on worked at Rajasthan and NCT Delhi is due for on which policy decisions which policy decisions administrative revision only in 2025unless any of the may be taken. may be taken. level. Apart from states so demand implying that no In collaboration with authorities in revision of water sharing will be Ministry of Agriculture 2.Prepare a monitorable Delhi, the States possible to achieve the E-flow of 23 and the state action plan in of Haryana and cumecs in the lean season as governments concerned, coordination with other UP cannot avoid recommended by NIH study. policy and schematic Ministries like their interventions be initiated Agriculture, and the state responsibility. For augmenting flow in the river to to increase the usage of governments to achieve Undertaking achieve E-flow the following measures water efficient irrigation the recommended E- awareness have been recommended after the practices and adoption of flow. Without this the programme and meeting of the Principal Committee crops which are more policy intent may not be involving civil held on 22.5.20 and another meeting efficient users of water. achieved. society is held under the chairmanship of Additional steps like essential. Minister MOJS on 3.6.20: regulation of ground Effective 1. Increase in irrigation efficiency. water, rain water 1 institutional 2. Scientific estimation of crop water harvesting and recycling 3.The CGWB and CPCB be monitoring demands and scheduling of irrigation of waste water in basin directed to continue to mechanism has to based on soil-water-plant interactions, states will be required to monitor the ground be evolved. be pursued more water level and its quality
3. Conjunctive use of surface water The issue vigorously to achieve the in coordination with IFCD and groundwater, and technological of e-flow may be goal of rejuvenation of during, pre- monsoon, up-gradation by adoption of resolved by the the river. post-monsoon and lean sprinkler/micro-sprinkler/drip Principal In the absence of a policy season months and irrigation systems for achieving the Committee as on various water submit reports to the desirable level of irrigation efficiency.
recommended by conservation measures YMC and Principal
4. Regulate groundwater withdrawal in YMC being recommended as Committee to take a the basin especially in the Mawi-
2.Creation of integral to achieving e- decision on further Baghpat stretch and augment Water reservoirs flow, the entire study may continuation and its groundwater recharge in order on the floodplains become an academic extension to other areas tosustain base flows to augment exercise. if found beneficial.
5. Shifting from water intensive crops ground water viz., paddy/sugarcane cultivation less The measures suggested water intensive crops like cotton and by the MOJS, though employing efficient water use desirable, are open practices such as micro-sprinkler, drip ended and there is no irrigation.
road map suggested as to
6. Augmentation of non-monsoon the policies, programmes inflows at Hathnikund barrage by or schemes at the creating storage of monsoon runoff government of India level under Lakhwar, Kishau and Renuka and state government storage dam projects.
level , that are needed to
7. Treatment of effluent coming be implemented to through various drains meeting river achieve the quantifiable Yamuna - the non-monsoon average incremental flows in the BOD of the drains discharging in the river with ultimate goal of river ranges from 19.6 mg/l to 262.2 2 mg/l. With such high level of pollution achieving the around 390 cumecs flow will be recommended E flow. The required to be discharged from MoJS has only conveyed Wazirabad barrage, which is not a its intent without any viable solution. definitive programme.
It was stated that further
developments on E-flow and the water
conservation measures by basin states
will have to be monitored for achieving
the overall objective of river
rejuvenation.
2. The impact on the E
2. CREATION OF WATER BODIES/
flow in the river on
RESERVOIRS IN FLOOD PLAINS OF
IFCD has informed that CGWB account of other
RIVER YAMUNA BY RETAINING and CPCB are monitoring the conjunctive measures like
EXCESS WATER IN THE RIVER DURING ground water, both in quality conveying 70 MGD of
MONSOON SEASON FROM PALLA TO and level and based on the treated waste water to
WAZIRABAD finding further steps will be Palla and releasing it into
The pilot project for recharge of taken. the river and exchange of
Yamuna flood plain was initiated in the fresh water with treated
year 2019 on an area of 40 acre on the water with the states of
floodplain near Palla. A rise of 1 to 1.3 Haryana and UP as
metre was observed in the planned by the GNCT
piezometers due to flood in the River Delhi also need to be
in the year 2019.In the year-2020, the assessed by the GNCT
work of excavation of pond/ reservoir Delhi and the NMCG/
was started on 24.06.2020 and has MoJS.
been already completed on
10.07.2020 in an area of 26 acre. A rise
3
of 0.5 to 2.0 metre has been observed
in the piezometers due to flood in the
River in the year 2020.A total of 33 CGWB and CPCB should
piezometers have been installed to send periodic report on
monitor ground water level through the monitoring of ground
and CGWB. water done by them to
the YMC.
The ground water level in the project
area will require to be monitored so
that lessons learnt can be used to
recommend more such projects.
4
DDA and Demarcation of the Flood Plains and Conservation Activities S.No. Issues as per YMC Observations in YMC's report of Comments of stakeholders/ Comments of YMC on the Recommendations of Final report of 7.12.20 parties reply received from the YMC 29.6.20 and stakeholder concerned NGT's order of 6.7.20
2. Setting up an SPV 1. The Honorable Tribunal had noted The modified draft order at The following comments NGT may consider or any other body that section 5 A enables the authority Attachment as Annexure C- of YMC are being given directing that the to oversee the (DDA) to constitute committees and 2/1 of Fifth Report dated without reference to membership of the River Related directed that the dedicated agency 7.12.2020 shows DDA's DDA's response which RYMC, the Executive Issues. needs to be put in place which can intention and the broad does not touch on key Committee (or focus on issues relating to River contours of the proposed aspects as the previous Committees) s suggested rejuvenation by involving civil society, RYMC structure, its column shows. [By way of by YMC and the experts/institutions as necessary for constitution and its explanation the subcommittees or ecological restoration of the floodplain membership. observations below do system for institutional zones, maintaining vigil, undertaking not have a relationship back -up should be flow measurement, removing 1. DDA has recognised the with the points listed in prepared in a way that encroachment and undertaking need to have a permanent Column 4.] the challenges and activities including Riverfront body with the wherewithal to bottlenecks get development. The body was expected have a holistic approach to all 1. DDA has recognised highlighted before the to take steps to attract and educate activities connected with the the need for an advisory high-level RYMC and citizens, nature enthusiasts and River - both related to the committee and there is continuity in building an environmental temper abatement of pollution and the subcommittees but has following up of amongst the citizenry without in any revival of the ecology of the provided no details of the decisions. A dedicated way causing damage to the river. However the suggestion membership or the terms secretariat may be floodplains. NGT expected that of the YMC to have sub- of reference, and the directed to be set up as Yamuna rejuvenation could become a committees with people who need for a more otherwise discussions model for the rejuvenation of 351 river are capable of giving reports on participatory approach by held may not get stretches in the country given its the ground realities has been providing representation properly acted upon. Also 5 location in the national capital where included in the draft order but for the inclusion of public the membership of the all expert authorities and funds were no details have been provided. representatives as well as Committees and the available. DDA was directed by NGT to people with domain terms of reference comply with the earlier direction 2. The need for another knowledge and interest should form an integral instead of finding excuses and YMC Executive Committee to so that RYMC gets advice part of the order setting was directed to continue to monitor monitor and provide updates based on what is actually up the RYMC and the compliance of the directions for to the RYMC on pollution happening on the ground. Executive Committees the time being. This was referred to. related aspects as well as While the structure which would obviate progress of infrastructure provides for Sub delay in making the The proposal received from DDA was development have been left as committees it is RYMC and its organs discussed with the Vice-chairman DDA something IDMC can decide. necessary to spell out the functional. and elaborated upon in the 5th Report working modalities in the of YMC. The following aspects give the 3. No comments have been order itself for the It is pointed out that even perspective of YMC which had a given on how inputs on following reasons: after the RYMC is setup, rationale, summarised below : activities relating to the there would be a need for construction or upgradation of (a) Owing to contending reports to be filed before i. Since there is an elected Government STPs, Management of Drains priorities a Committee the National Green in Delhi as well as local bodies (DMC's) and Septage will be comprising solely of Tribunal as the projects, having direct responsibility for water, presented to the RYMC. officers will not have time schemes and strategies sewage, sanitation, enforcement of to maintain sustained which are in progress and different statutes, it was necessary to 4. Enforcement powers under interest in tracking on the anvil cut across build that into the structure of the various Acts (water, Solid multifarious several departments and proposed RYMC. waste and Biomedical waste developments on the organisations under are with DMCs but there is no ground including the GNCT as well as under
ii. Besides an advisory committee of mention in the comments on functioning of the DMC's which report experts four Subcommittees with the working arrangements. surveillance measures , to independent elected ability/authorization to visit the areas removal of bodies besides DDA and oversee developments and to 5. There are no comments on encroachments, progress itself. Since the place their findings before the how it is proposed to involve of rejuvenation projects, improvement in the Executive committee were needed. public representatives and effectiveness of quality of river water is 6 Aspects like surveillance, removal of promote the participation of enforcement action and the only benchmark by encroachments, progress of elected representatives as was enhancing public which performance can rejuvenation projects, effectiveness of highlighted by the YMC. participation. be judged, the directions enforcement action and suggestions (b) The idea of sub- and oversight by the NGT for public participation require 6. The need for a small but committees having been will ensure that the independent inputs to enable the dedicated Secretariat had been accepted, the functions are taken proposed Executive Committee and highlighted but has not been membership of the sub- seriously. the RYMC to be effective in terms of commented on. committees needs to be NGT's directions. Since all members of included in the order Building public the proposed RYMC and the Executive setting up the RYMC. participation and Committee are Government officers, Otherwise it will take awareness as directed by in ex-officio capacity, the channels for several weeks more for NGT requires a participatory decision- making needed deciding who should be comprehensive plan and to be defined in the order. inducted. While the has to have both cultural Advisory committee and as well as ecological iii. A parallel executive committee was possible subcommittees moorings. suggested by YMC to be set up to give (already delineated by inputs to the RYMC. It was suggested YMC in discussion and NGT may direct that all that it could be under the Additional referred in the 5th Report) the issues of education of Chief Secretary in charge of Urban cannot exercise any children, awareness Development as that Department has executive authority, they building, promoting direct responsibility for steering the must have the gravitas cultural events and formulation of policy, co-ordination and interest to offer nature walks etc require and assignment of budgetary support meaningful advice based to be managed to the Delhi Jal Board and the DMCs. on an understanding of imaginatively and a The Department has the mandate to what is happening on the system for engaging do this on a continuous basis and its ground. Alternately, since institutions and agencies input was needed as the proposal of DDA has plans to use who have a track record DDA in the draft order goes beyond the several expert institutions has to be put in place so flood plain related activities and even such functions could be the Yamuna remains 7 refers to supervising the functioning of delegated to them also emblematic for different all departments which affect river and but the notification sections of society. DDA its floodplains---and supervise setting should carry a convincing does not have the up, upgradations and functioning of roadmap indicating how wherewithal to do this STPs/ETPs by various departments to this would be achieved. and must set up a ensure that public spaces, drains are calendar of events which clean." 2. DDA does not appear to are managed have coordinated with professionally. Until all YMC had pointed out that it was time a GNCT Delhi to address things fall into place strategy was prepared to create public the need for another oversight by the Tribunal awareness and promote public Executive Committee to would be necessary so involvement as very few people even give progress reports to that whatever know about the plans and current the RYMC on the momentum has been progress. It was also suggested that achievements and built up because of NGT's public -private partnership mode is bottlenecks affecting the previous orders remains necessary for the management of renovation/ construction, in focus. areas on the riverside which have been commissioning of STPs built for public recreation and and related infrastructure enjoyment, for the organisation of as well as maintenance public events, building public and enforcement awareness and regulating entry, measures which have a subject to DDA's regulations and huge impact on the oversight. This will enhance sense of pollution in the Yamuna.
ownership not just with the floodplains As the architect of the
but the river itself. RYMC concept proposed
to be set up under the
YMC had suggested that the DDA Act 1957 ,DDA
proceedings of the Executive should focus on the
committee and the RYMC should be objective sought to be
placed in public domain by releasing achieved in a
8
six monthly reports to the press at an comprehensive way or
event which would keep the media and suggest a better
citizenry informed of steps initiated, alternative.
under progress and which had been 3. The idea of having a completed. second Executive Committee has been met with the remark that it can be decided by IDMC.
DDA has not placed this in a co-ordinated way before the GNCT authorities as while IDMC has been given responsibility for drains, oversight of septage collection and establishing Phyto and Bio remediation projects by NGT, it is a Cell and not a Government Department.
Sustained oversight can only come through a Government Department with direct responsibility for the local bodies and oversight of sanitation, sewerage and the implementation of all the statutes dealing with water pollution.YMC has no strong views but since 9 the DDA has widened the scope of the RYMC's mandate (which was envisaged by NGT) it must also provide for working mechanisms to make RYMC effective.
4. The objective was to make the RYMC as effective as possible and also to dovetail the twin aspects of pollution control and rejuvenation to revitalise the river which have been clearly brought out in NGT's order. DDA's draft order says "the Committee shall supervise the functioning of all departments which affect river and its floodplains. It will develop mechanisms for monitoring of activities of departments for maintenance of all spaces and facilities created like tracks, shelters, boardwalks, decks as a 10 connect to the river, management and cleanliness of Ghats besides River Yamuna floodplains. The Committee will supervise setting up, upgradations and functioning of STPs/ETPs by various departments to ensure that public spaces, drains are clean."
To be able to perform the above functions effectively, the RYMC would need to be briefed through authentic progress reports. Feeding progress reports requires focal point and the Executive committee under the Department of Urban Development was suggested by YMC only as one way of providing a functional bridge. To the RYMC.
115. The need for a small independent Secretariat of two officers with knowledge of water pollution and environmental / ecological functions of river restoration in the Notification itself, as continuity would be critical if RYMC does not become just another committee which only goes by inputs from the very departmental officers who will rely on departmental inputs..
Mere issue of minutes will
not suffice unless there is
a continuous effort to flag
achievements as well as
continuing bottlenecks
and seek intervention of
the RYMC.
Independent inputs are
vital for such a high
powered body to be able
to act meaningfully.
12
6. To secure citizen's
involvement and explore
avenues for public-private
partnership models of
management of the
biodiversity park areas, CII
and FICCI members were
called by YMC and
introduced to the DDA
officers as the
involvement of apex level
organisations would
promote greater
participation and newer
ways of handling public
participation and public
awareness building. No
efforts have been made to
involve CII and FICCI to
take the suggestion
forward.
Ten projects for 1. The items are not repeated here asNGT had directed DDA to pay YMC had already In the interest of
rejuvenation of they are listed in the Attachment attention to the restoration of indicated that the undertaking the
the River Yamuna which is self-explanatory and gives an floodplains so that they can progress on three rejuvenation projects in a up-to-date picture. undertake the ecological projects was good and the comprehensive way, functions which are integral to South Delhi biodiversity NGT may consider
2. The land issues with UP a healthy river. From October park is also coming up directing the DDA as well Government referred in the YMC's 5th 2018 until now there has been well. as the Ministry of Jal report remain unresolved and are tangible physical progress only Shakti and the discussed in Column 5. in respect of three identified Government of Uttar 13 rejuvenation projects on the The latest progress Pradesh to have a river Yamuna. The progress had shown in the attached tripartite meeting at the been described in the report sheet gives hope that highest level - with a dated 7.12.20 and reviewed most of the timelines are view to taking up the with the vice-chairman DDA now feasible and can be projects in parallel. This is and the minutes have indicated met. The attachment needed in the interest of what was expected to be done. could not be improving the ecological The statement attached incorporated in the footprint around the indicates where tenders have statement and has river Yamuna.
since been called and work therefore been attached
awarded which gives YMC separately. (Annexure-A) DDA has already given
reason to believe that the estimates for Rs. 98
timelines can be met. UP Land and Funding crores to the
The commencement of Government of Uttar
YMC has been following up on rejuvenation work in Pradesh which has been
the rejuvenation projects and respect of land which is in received by them. There
during December also visited the possession of UP is a need to bring about
three which are under Government and getting an understanding about
execution including the South funding to the tune of Rs. the potential importance
Delhi Biodiversity Park and the 98 crores from the state and significance of the
wetland projects at Kalindi belies the hope of early floodplains on either side
under Dr CR babu of CMDE. settlement. There was of the river to the two
repeatedly a mention of Governments and to
Comments on 100% complete the matter being taken up DDA so that it is taken
reports. at the level of the LG with forward in a in a result
the political executive in oriented manner focused
1. There is specifically a term Uttar Pradesh but no such on jointly reviving the
referred as "completion" which confirmation was river.
is used in the status given in the forthcoming in writing.
table. Although the water
14
bodies and pathways are ready In the 5threport
and remarkable progress has submitted by the YMC on
been made on some of the 7.12.20 it was
wetland projects, YMC noted highlighted that,
that it will require much more considerable land
time to be termed as complete belongs to UP Irrigation
from a public point of view as Department assessed to
all the remaining works like involve 299.75 Ha. of land
greening the area, provision of with a total estimated
public amenities, solar lights et cost for the Restoration cetera would be needed before and Rejuvenation working public entry is permitted. This out to Rs. 98 Cr. The break has now been treated by DDA up is as under :
as phase 2 which was never stated as such earlier. But it (i) Old Railway Bridge to may be accepted as DDA has ITO Barrage the will and wherewithal to (Eastern Bank) having an achieve it. area of 107 Ha. Where rejuvenation is estimated
2. During the visit in March to cost Rs. 35 Cr.
2020, YMC had been assured (ii) NH-24 to DND Flyway that water Hyacinth was being (Eastern Bank) having an removed . Not only has it not area of 162.75 Ha. Where been removed but it has the cost of rejuvenation is overgrown as it was virtually estimated as costing Rs.
abandoned during the 53 Cr. lockdown and its aftermath. (iii) Hindon cut wetland YMC was assured by Prof Babu having an area of 30 Ha. that the Irrigation and Flood whose rejuvenation cost Control Department of GNCT 15 would be providing two has been estimated to motorboats through which it cost Rs. 10 Cr. will now be possible to remove the water-Hyacinth in a matter The subject of of the next two months (by rejuvenation of the flood March 2021 ) to make up for plain on the UP side has time lost due to the pandemic. been going on from the What was expected to be a time it was first raised by haven in South Delhi will the YMC in December require some months more to 2018 and appears be completed to the point that presently to be regulated public entry intractable. Since it becomes possible. involves payment between two Governments it can go on interminably. The difficulty is that this land is in different pockets but each such package impacts on both access as well as development of the floodplain by DDA. The full advantage sought to be realised through the rejuvenation taken up by DDA will not be available unless the UP related land and funds issue is addressed and clinched 16 and work starts on the ground. Since this matter appears to be going beyond the capacity of DDA to be able to persuade or negotiate with the Government of Uttar Pradesh, it requires a decision at a political level. The only authority which is equipped to address this is the Ministry of Jal Shakti. Matters related It has been certified that the DDA has not given any The work of surveillance No directions are needed to demarcation, demarcation of one in 25 years comments as it is factual. has been done quite from NGT but it is a surveillance, floodplains from Wazirabad to Jaitpur satisfactorily by DDA. model which other river enforcement and has been completed on both banks After several months of rejuvenation authorities protection. through the erection of also 591 dilly-dallying the matter can replicate. It is bollards, 310 flag posts and 24 was given due relatively inexpensive signboards and another29 will be prominence from mid and saves the river from completed shortly. Details of the CCTV 2019 onwards and the solid waste dumping and cameras have been given and new achievement is good.YMC encroachment. locations have also been suggested by had visited the areas Prof CR Babu which are being attended where they intervening to. 120 security guards have been wall is coming up between deployed round-the-clock in three unorganised settlements shifts at vulnerable points along with and the backwaters. The four patrolling vehicles along the Bollards and flags have entire Yamuna floodplain to check been erected and are not 17 illegal dumping of malba and to unsightly or capable of prevent encroachment. 222 challans being vandalized. The have been issued by now with 186 in signages too are good
the year 2019 and 35 in 2020. including at the entry However, the State Transport points.. The working of Authorities of Delhi, Haryana, UP, the CCTV control room Rajasthan and Punjab have not and cameras across the responded to requests from DDA for entry points to the cancellation of the registration of the floodplains was visited by vehicles. It is now proposed to take this the YMC and is quite up using the mechanisms of Delhi impressive. It is serving Police the YMC was informed. This is a the purpose very well. good step.
(i) Repossession (i) In the 5th Report YMC had reported DDA has not given any further There are no comments of land occupied that approximately 870.70 acres of comments or progress report against 4(i) by agriculturists. land has been cleared from tabled in the 5th Report of YMC encroachment by June 2020. Since then 214.68 acres has been further NGT may consider retrieved until 19.11. 2020 and 105 Comments against 4 (ii) directing that acres is proposed to be cleared by the unauthorized occupation The demolition work is end of December 2020. Through this of land on the flood plain continuing and DDA has plan 319.68 acres will be retrieved must be followed up and from encroachment by DDA belonging undertaken three the Police Department to the floodplains of the river Yamuna measures namely should give all the by the end of December 2020. This is construction of a wall assistance. Once vacated in addition to the 870.70 acres already between the habitations DDA must not allow Details of the land cleared and the water, barring cleared. rebuilding on the spot.
from encroachments entry of vehicles and
By June 2020, undertaking planned
A: 352.36 hectares (870.70
18
(ii) DDA has decided that a survey map acres) demolition and hence
(ii) Eviction of has to be prepared and khasra there is nothing to add at
encroachments: numbers superimposed thereon Updated status as per meeting this juncture.
before fresh demolition of held on 23.09.2020
encroachments on the "O" zone of the A(updated):378.36Ha
floodplains can be restarted. This (934.54acres)
should have been anticipated but the
DDA now should complete the survey June - Nov '2020 (as per status
work within this year itself. submitted to YMC on 07.12.20)
B: 86.9 hectares (214.68 acres)
in addition to A: 352.36
hectares (870.70 acres)
Total land cleared of
encroachments till 07.12.2020
= A+ B = 439.26
Hectares (1084.97 acres)
Repossession of i. YMC had observed that DDA had not No information furnished to Since it is a huge area,
land allotted to given any response on specific points YMC other than relating to the directions are needed
Govt/Semi Govt relating to land temporarily allotted to India Project which is not being both for repossession
agencies DMRC, NHAI and PWD. monitored by YMC. from different govt.
departments,
reclamation of land from
agricultural use and from
encroachment. The
Principal Committee has
been given this task by
the NGT.
19
Quality of River water
S.No. Issues as per YMC Observations in YMC's report of Comments of stakeholders/ Comments of YMC on the Recommendations of
Final report of 7.12.20 parties reply received from the YMC
29.6.20 and stakeholder concerned
NGT's order of
6.7.20
3 Quality of River i. Monthly reports on the Water No comments received from Since no comments have i. CPCB and DPCC should
water Quality in river Yamuna CPCB/DPCC. been received from CPCB coordinate and increase
NGT order dated Presently, there are 14 measurements and DPCC the comments the number of stations
6.7.20: done every month of which CPCB and directions for monitoring water
Para 18: measures water quality at 5 stations recommended may be quality in the river
If Yamuna is to be and DPCC at nine stations. Two accepted. Yamuna as suggested by
rejuvenated such stations are common between the two the YMC.
discharges either Boards. YMC had directed that CPCB ii. All the product
directly or manufacturers of soaps
and DPCC should finalise the list of
through drains and detergents be
stations where each of them can
need to be directed to disclose the
stopped. This is monitor the water quality so as to ingredients present in the
possible only if the avoid overlap. Considering that there product and display the
IDMC performs its are 23 drains which have outfall in river same on the package.
functions Yamuna, YMC recommends that the This is a matter which will
effectively to CPCB and DPCC may also consider only be effective if the
prevent discharge increasing the monitoring stations to Ministry of Consumer
of untreated coincide with the outfall points of Affairs under whom the
sewage into the drains in river Yamuna so as to track BIS functions is directed
drains or into the level of pollution entering through to bring out a policy and
Yamuna each of the drains. notify not just standards
NGT had directed but a mandatory
that requirement to declare
20
DPCC should bring ii. Water Quality Trends during the the ingredients along
out monthly period 2015-2020: with their proportion.
reports water Through the years 2015-2020, the iii. Soap making is not
quality in the river reports compiled by both CPCB and confined only to NCT of
and should also DPCC indicates that that there is no Delhi and even if efforts
contain data on significant change in the water quality are made by GNCT Delhi,
Faecal coliform of river Yamuna with respect to DO, it will not have the
and that these pH, BOD and FC. intended effect on
reports be placed This is a matter of concern and soap/detergent
on the website of needs to be conveyed to the important manufacturing in other
the DPCC, stakeholders, namely, the NMCG, Govt states where soap and
of NCT Delhi for their information and detergent manufacturers
to critically examine the issues continuing to produce
involved and take remedial steps. non- standard cleaning
items may not be
proceeded against by
iii. Environmental Damage
Assessment in River Yamuna enforcement agencies.
Since the effluent joins
NGT had directed that a team of CPCB,
the drains and the river in
NMCG, NEERI, IIT Roorkee and IIT Delhi
Delhi, the problem will
to assess damage to environment due
continue. Therefore
to degradation of river Yamuna from there has to be a policy
Hathanikund to Mathura. The CPCB direction from the
has informed the YMC that the report Central Ministry of
of the Committee is being finalised and Consumer Affairs based
will be filed before the Hon'ble upon the findings of the
Tribunal with a copy to the YMC. CPCB and the DPCC, the
huge media coverage and
iv. Foam formation in river Yamuna public anxiety when the
frothing of the Yamuna
21
Media/Social media has been continues year after year.
reporting occurrence of toxic foam in CPCB needs to advise
selected stretches of river Yamuna in Ministry of Consumer
Delhi. Both CPCB and DPCC who were Affairs of the health
asked to undertake inspections and hazards and risks to
identify causes of foam formation have humans which goes
beyond the visual quality
attributed the episodic presence of
of the water bodies and
foam due to phosphates in the
the river. There is a need
detergents that are present in the to have a plan to phase
untreated sewage that is released into out the use of certain
the river Yamuna. chemicals which are not
As per the DPCC report, against a permitted by other
discharge standard of 5 mg/L for countries due to health
dissolved phosphates, the phosphates reasons and/or reduce
in the river Yamuna varied from 6.9 at the quantities thereof.
Okhla to 13.42 mg/L at Khajoori iv. NGT may also direct
Paltan(D/S of Najafgarh drain). DPCC the Government of NCT
also ordered sealing of two industries Delhi to issue orders
under the Water (Prevention and prohibiting sale, storage
Control of Pollution) Act 1974 and and transportation
issued Directions for closure of 39 /marketing of detergents
industries besides issuing show cause which do not conform to
notices to 17 units for levying EC for the revised BIS standards.
causing pollution in the river Yamuna. GNCT Delhi may also be
A comparison of the 2001 and 2002 BIS directed to launch
standards and those prescribed in awareness campaigns
2020 show that Sodium Tri Poly about the harmful effect
Phosphates(STPP) percentage for the of using substandard
household laundry detergents bars soaps and detergents.
have been decreased from
22
9.5(percentage by mass) to 5 for
detergent bars, 2.5 for powder and to
zero for household detergents for
woollen and silken fabrics.
Though BIS standards for detergents
have been improved, it is not clear
whether these standards will actually
be enforced and until that is done and
the manufacturers are made to comply
with the standards, the problem
arising due to release of detergents
with high phosphate contents into
rivers and water bodies will remain.
The role of regulatory bodies like as
CPCB, PCBs and DPCC is generally
limited to implementing
discharge/effluent standards.
Whether they can enforce the product
standards at the manufacturing and
marketing stage is doubtful.
23
Sewage Treatment Plants
S.No. Issues as per YMC Observations in YMC's report of Comments of stakeholders/ Comments of YMC on the Recommendations of
Final report of 7.12.20 parties reply received from the YMC
29.6.20 and stakeholder concerned
NGT's order of
6.7.20
4 Sewage Part-I:Setting up and Up- gradations
Treatment Plants Hon'ble NGT may
and Rehabilitation of STPs
NGT's order a.. The lag in physical progress a&b: DJB has assured that consider issuing the
dated 6.7.20 a. Slippages in Physical progress: The in respect of Kondli, Rithala, timelines will be met following directions:
21(g). Let the STPs at Rithala, Kondli, Okhla under Okhla and Coronation Pillar without any major 1. Tree felling
authorities in YAP III (externally funded by JICA )and STPs is 25.96%, 39.75%, 16. deviations. However with permissions have caused
Delhi, Haryana Coronation Pillar funded by NMCG 92% and 20.25% respectively. the file for final approval undue delay in
and UP consider taken together account for 279 MGD All agencies have been directed of tree cutting pending commissioning of the
and adopt the of treatment capacity, which to prepare catch-up plans for with the E&F Department STPs, and the proposals
report of the translates into about 30% of the total mitigating the impact of the since Sept 20 and the are awaiting approval
NitiAyog in sewage generated in Delhi. Despite COVID related delays. It is feedback received during since September 2020
shortening the repeated assurances, the projects reasonably expected that the review meeting with PMC which is affecting a slew
procedures in have repeatedly missed the timelines. project timelines will be met and Contractors it is of interdependent
dealing with the Delays have been endemic to all the without any major deviations doubtful if the timelines activities which cannot
waste projects during the last 3 to 4 and all projects would be will be met. The delay in commence without the
management years. The lag in physical progress completed with minimum approval for tree land being handed over
activities. varies from 14% in Okhla STP to 43% in shifting in timelines. felling/transplantation at without trees. The
21(i). The issue Rithala STP. None of the causes of delay viz the level of "the Department of Forests is
raised by the YMC, therefore, reviewed the systemic delay in tree cutting competent authority" will expected to see that the
YMC, of the problems which are affecting the permissions, EPCA ban, COVID retard the project provisions of law on tree
unavailability of timely commissioning of the large Lockdown, contractor's own completion and will give cutting are implemented
land preventing infrastructure projects under DJB's fault, cash flow problems are an excuse to the as provided in the
setting up of STPs control. So that all points of view were Contractors to further statute which refers to
24
may be addressed taken into account YMC held attributable to the DJB or its delay the project and time bound clearances
by DDA, and discussions with the NMCG, as YAP III actions. make other claims on having to be accorded or
monitored by the funds are routed through the Mission. account of such rejected. GNCT Delhi
Principal This was followed with discussions unforeseen delays. The should within two weeks
Committee. withthe Project Management Contractor for Rithala STP grant permission for tree
Having regards to Consultants (PMC) and the had in fact pointed out felling if the
the priority to be Construction Agency besides the that the commissioning requirements under the
given to the senior officers of DJB. The review date would be October'23 Delhi Tree Preservation
treatment of brought out that the delays are mainly and will go beyond Act 1994 have otherwise
sewage disposal due to the delay in tree cutting December'22.The been complied with
in the drains permission, cash flow constraints, assurance of the DJB will failing which Chief
joining river Contractor's own faults, delay in have to be monitored Secretary shall be
Yamuna, the land handing over land, EPCA ban on closely as the assurances personally present
available on the construction and Covid 19 related are very general. before the Tribunal on
flood plains may delays. The review also brought out Though the PCCF stated the next date of
be utilized for the shortcomings in the project that SOPs have been hearing.** 2
purpose, if there is implementation and the system of finalised to see that
no other monitoring. clearances are given 2. [FOOTNOTE MAY alternative or till within 60 days as PLEASE BE REFERRED.] other land b. Delay in tree cutting permissions: prescribed under the Act, ii. NMCG being the becomes The time taken in tree cutting b. The files for Tree cutting it is necessary that the funding agency, should available. permissions have ranged from 8 to 14 permission for Rithala and SOPs are adhered to evolve a water tight Needless to say, months despite a specific provision in Okhla submitted final approval keeping in view of the mechanism to ensure such safeguards the Delhi Tree Preservation Act 1994 of E&F Department on 23.9.20 provision of deemed that payments to the sites for such that if permission is not granted and 29.9.20 are being pursued permission under Section agencies executing YAP- purpose may be within 60 days it shall be deemed to regularly. DJB has left no stone 9 of the DTP act 1994 after III projects are made approved by the have been granted. In the case of unturned in seeking the tree- 60 days under the Act. promptly and diversion 1 ** On 22.1.21 a What's App message was received from the CEO DJB that the approval for tree cutting has since been accorded. 2** In a What's App message sent on 22.1.21 the CEO has informed the Member YMC that the approval for tree cutting has been received. The Directions may kindly take this into account as the recommendation was made before the message from CEO DJB was received which is still informal at the time of dispatch of this statement.
25 Principal Rithala (860 trees) and Okhla (409 cutting permission and the of project funds made Committee. trees)the proposal is pending with the delay in final approval cannot inadmissible. Once Minister (E&F) of GNCT **.1 be attributed to DJB or paucity project funds are allowed [FOOTNOTE MAY PLEASE BE in its efforts to be used for salaries REFFERED.] etc, the delay in c. The assurance for payments to the c. Cash Flow Constraints: Contractors timely payment will have contractors is bound to have pointed out delays in payment by c. Severe reduction in revenue to be monitored. DJB happen. There is every DJB. At least on two occasions the flows and financial measures needs to maintain need for Department of delay was as much as 60 days over and introduced by Government separate accounts for YAP UDD, NCT Delhi and the above the 56 days provided for in the order dated 08.04.2020. There III projects to obviate the NMCG to be represented agreement even before the Covid 19 was drastic fall in Revenue need to have to wait for on the Delhi Jal Board pandemic surfaced and an embargo collection of DJB and severe budget availability when and to introduce financial was imposed by the NCT government resource crunch, due to which project funds stand controls that do not on expenditure DJB was barely able to manage assigned and diversion is permit of diversion of DJB does not seem to be maintaining a the salaries of the staff and not permissible .There is a funds inter or intra the separate account for different YAP III urgent repair-work with which need for much better YAP III projects.. projects and the admission that funds the basic services of water and monitoring and also a do get transferred for other purposes sewerage were maintained. need to strengthen the iii. As directed by the like salary or to other financial heads is Matter was also taken up with Finance and Accounts Hon'ble Supreme Court militating against accounting principles State Govt. for release of Wing with in - service in "Quiet Flows the Maily which are applicable for such time sufficient funds to meet the professional staff with Yamuna" case which bound externally funded projects. required expenditure for all the qualifications and stood transferred to the Oversight by the Finance officers on-going projects. With the experience of Finance Hon'ble Tribunal, the seemed weak and there seemed to be situation improving and and Accounts. Principal Secretary UDD( a competency deficit and weak financial position ameliorating, presently the Additional financial controls. The delay provides it is submitted with satisfaction Chief Secretary)is that DJB has released all expected to review the progress on a monthly 26 the contractor with an opportunity to payments due to the basis and the Chief justify his own delay. contractors up to December, Secretary on a quarterly 2020 of all YAP-III agencies. It is basis. Quarterly progress assured that regular reviews reports should be are being held and all future submitted to the Tribunal payments will be made in a along with an affidavit. timely manner to the agencies. d. DJB should examine the iv. YMC recommends a d. Ineffectiveness of the PMC: The d. No deviation in the Terms of clause 2 of the TOR which performance Audit by the PMC on their own admission were Reference (ToR) is permissible authorises DJB to permit Controller and Auditor merely playing an advisory role and the at the level of DJB. DJB has PMC play a more active General of India to bring nature of intervention was routine, made all efforts for effective role in project out the systemic non-qualitative and prepared monitoring and supervision of management rather than problems and corrective mechanically. The advice given did not all the projects within the merely playing a advisory action needed. Section impart any sense of urgency and did purview of ToR. role as at present.PMC is 69 of the Delhi Jal Board not lead to raising the level of decision paid out of project funds Act of 1998makes a making to expedite of the timely and that the consultants provision for C&AG's commissioning of the projects. The are unable to pull their audit and Hon'ble NGT PMC had held no focused, weight is apparent. This may consider directing professional interaction with the needs to be confronted by the Government of NCT Member Drainage (only one meeting informing JICA through Delhi for approaching the was held during the last one and a half NMCG if necessary. CAG to undertake a years) and no interaction with the CEO performance audit. to convey that in case the milestones and timelines were missed or were v.The YAP III projects likely to be missed how it would impact with a financial outlay of the overall objective of the JICA project Rs 1600 crores can which was to clean the river. certainly benefit from the advice of a more professional ways of project monitoring as the 27 e. Absence of monitoring: YMC has e. The projects related to e. The response from the present systems are found that the system of monitoring construction of STPs at Kondli, Government has listed a ineffective. If after scores has been ineffective. There is no Rithala, Okhla under YAP-III are plethora of meetings inspections and meetings evidence that bottlenecks had been being monitored by the by the mixing up meetings taken the change is not visible, brought to the notice of the Board and dedicated project team under by the ministry of JS/ the lack of progress does of the Government or the intervention respective Chief Engineers and NMCG and those not result in rapid of higher authorities sought. The regular review meetings at DJB convened under the execution, it points to the situation created by delays in forest as well as review meetings at Chairmanship of the CS, need for doing things clearance and hold up of fund flow the level of GNCTD and Govt of the CEO DJB, and the differently. called for intervention by the Principal India. In all 36 meetings were Member Drainage along Secretary Department of Urban held at the level of Principal with site inspections. The Development, the Chief Secretary and Secretaries and CS of GNCT response is a clear vi. When the Delhi Jal the DJB's Board under the Delhi, Secretary MoJS and evidence that holding Board Act1998 was Chairmanship of the Water Minister. others from time to time. meetings is considered a enacted, the senior most There was no evidence of this For a sharper focus and incisive sign of progress when the functionaries were presented to YMC. segregated review of only the fact that there has been required to be not below As many as 21 Communications from YAP-III projects, a system of delay has been glossed the rank of Joint Government of India, as pointed out by monthly review at the level of over. It has been added Secretary to Government NMCG, relating to the YAP III projects CEO, DJB on 15th of every that "unfortunately, these of India. That applies to had remained unanswered. month has also been initiated reviews and preparatory the CEO of DJB, the Though Supreme court in Quiet flows from 15.12.20. meetings are not minuted Members in charge of the Maily Yamuna case which was In compliance of Hon'ble due to optimization of Finance, Drainage, and referred to NGT in 2017 directed Supreme Court's order in Quiet available time/resources" Administration besides periodic monitoring by CEO once a Flows the Maily Yamuna, which serves little others. The Government month and by CS once in 3 months, periodic review meetings were purpose. should consider inducting there was no evidence that such held for ISP and other projects The meetings even if held officers and professionals monitoring meetings were being held of control of pollution in as stated by DJB have had possessing wider and the requisite interventions made Yamuna. In all 73 meetings by little impact in reducing experience and as were needed for critical projects like CEO and 38 by CS have been delays. CEO has now exposure, particularly the YAP III projects. held so far. For the works at issued instructions on when there is so much 28 Rithala, Kondli and Okhla, 15.12.20 that projects will dependency on external where the scheduled be reviewed by him one in consultants. completion period is not over, a month. This is a the agencies still have the welcome initiative even if vii. Since DJB is a opportunity to complete the late in the day successor organization to work within timelines given to the 'Delhi Water Supply the YMC by increasing the and Sewage Disposal resources like deploying undertaking", all its additional manpower & official websites, official machinery and strictly communications should adhering to their revised catch- prominently convey its up plans. DJB is focusing on mandate for both water timely completion of works and and sewerage. This is will impose stringent penalties necessary to give thrust as per CA in the interest of to the work that it is work. Maximum penalties will mandated to do under
be imposed on the firms if they the Act of 1998. The fail to complete the work GNCT Delhi should also within the specified timelines consider amending the Act suitably to cover f. Organizational performance "Sewage Disposal" in the review: Greater focus will be title of the Act itself to f. Organizational performance review: laid on the anticipation of f. Since the DJB Act provide the requisite Repeated cases of slippages in project problems, trouble shooting, provides for performance thrust and orientation. implementation, both YAP III and even raising levels, follow up key link review by C&AG, YMC viii. DJB should come up the Interceptor Sewer Project, call for in chain to get desired results. recommends that the with a definitive plan of tightening the processes of decision Regarding the issue of systemic issues of upgradation of STPs with making within DJB because any such performance audit by CAG, the administration, planning, budgetary outlays year- delays are militating against the recommendations of Hon'ble monitoring, financial wise and timelines for prevention of pollution and the need YMC are noted. controls need to be gone achieving the revised 29 for oversight to anticipate delays and into by the Supreme standards as non- to exercise sound financial control so Auditor for taking compliance to the that at no stage is there delay on remedial action. DJB environmental standards account of non- availability of budget ( views it's responsibilities by a public authority on which was cited.).The present through the limited vision the ground of non- administrative systems in DJB are of an organisation availability of funds is clearly in need of infusion of accustomed to giving unacceptable under professional oversight which should maximum attention to environmental not be left to only project engineers water supply. Even a jurisprudence. who from responses received lack the perusal of the official DJB capacity for anticipating problems, Website would give an trouble-shooting, raising levels, impression that it is Ix. GNCT Delhi should, following up with key links in the chain mainly a Water Board as within next two months, to get results. information under submit a report "Important Schemes and indicating timelines The YMC has seen a report titled Projects" head only shows within which land 'Fixing the Stink' which was prepared details of water treatment allotments for the under the directions of the then schemes and nothing decentralised STPs will be Chairman DJB in 2017. Among the about major Sewage finalised as the matter several recommendations of the projects like the Okhla has been unresolved for Committee, it underscored the need and, Rithala, Kondli and the last almost 4 years. for organizational restructuring and Coronation Pillar projects. zero tolerance to delay in project DJB is a successor x. Since in-situ phyto/bio implementation. Obviously the organization to the "Delhi remediation in drains is malaise is an old one and needs to be water Supply and Sewage being monitored by the set right. Disposal undertaking" IDMC headed by the CS, a A performance Audit by the Controller and therefore its focus status report on action and Auditor General of India should has to be both water and taken be filed within two bring out the systemic problems and sewage. While no one can months. NGT may also corrective action needed as the doubt the importance of consider permitting the CPCB/DPCC to allow use 30 containment of huge pollution is at water, the focus on of EC funds for pilot stake. The last Performance Audit of sewage related projects projects on in-situ DJB was done way back in 2012. A and reduction of water phyto/bio remediation, comprehensive performance Audit of pollution is not receiving one drain in each of the the YAP III projects is overdue and due attention. The fact DMCs in Delhi. more importantly as challenges for that scores of meetings sewerage planning are growing with have not yielded results greater urbanization. Section 69 of the requires wholesale Delhi Water Board Act of 1998 refers. changes To be made based on competent Part-II: Functioning of Existing STP: Part-II: advice. As per DJB's test reports, out of 35 Out of 540 MGD of sewage, Part-II:
STPs, 22 are meeting their design 115 MGD is being treated of The proposal is vague parameters. However, as per the DPCC the standards BOD / TSS 10:10 both in terms of certainty test report for October 2020, 10 STPs and the STPs at Rithala, Kondli, about fund availability out of 33 as against 7 out of 31 STPs Coronation Pillar and Okhla and the timelines. tested DPCC in May 2020 are with a total capacity of 279 However, non- compliant to TSS/BOD standards of MGD are under rehabilitation / compliance to the 10/10/ mg/L and T. Coliform standards upgradation and likely to be environmental standards as laid down by the DPCC in 2016. This completed by June 2023. For by a public authority on indicates incremental improvement balance 16 STPs, action plan the ground of non- though small. has already been prepared and availability of funds is submitted to YMC subject to unacceptable under The DJB has plans for upgradation of availability of land and funds. environmental 16 STPs to TSS/BOD: 10/10 mg/L Up-gradation of Balance 16 jurisprudence.
standards with provision for coliform STPs of DJB [348 MGD (1582 treatment subject to availability of MLD)] (with Parameters BOD - funds of Rs 2721 crores There is no 10mg/l & TSS-10mg/l including clarity when these STPs will be Bio-nutrient & Pathogen upgraded as the plan is quite vague Removal & Sludge with a lot of imponderables like the 31 availability of land, tree cutting Management at an outlay of Rs permissions, funds and the absence 2721 crores.
modern and robust implementation and monitoring framework. Continued non-adherence to environmental standards is unacceptable and the state can invoke the Polluter Pays Principle as directed by NGT in its order dated 13.1.15 and reiterated in order dated 26.7.18.This is not being done by DJB.
Part-III: Short term measures for better capacity utilisation From the Part-III:
time when the Final report was The capacity utilization have Part-III:
submitted to the NGT on 29.6.20, the already been increased from Short term measures capacity utilization of the six STPs has 57 MGD to 93 MGD against the should have been increased from57 MGD to the 93 MGD capacity of 120 MGD which is completed by December as reported by DJB against an installed an increase from 47.5% to '19 as per the assurances capacity of 120 MGD. Though some 77.5%. The action plan given by DJB definitive improvement has taken submitted by DJB to YMC will representatives in the place with enhancement in treatment be monitored closely to meeting of YMC. The from 47.5% to 77.5% these are short achieve the full capacity timeline was later term measures. The improvement in utilization within the timelines extended to June' 20. capacity utilization had been promised Part-V: Seven to be completed by June 2020 and will decentralised STPs in now spill over to 31.3.21. Najafgarh zone which were sanctioned by NMCG in 2017 have not 32 yet commenced construction. DJB has given no indication of when construction of those for which land is available will start.
The land allotment is
getting dragged on
between the DJB and the
DDA. Despite meetings
held between the DDA
and DJB there has been
little progress on actual
allotment of land for
Part-IV: Long term measures for
STPs/SPSs.
better capacity utilisation:
Better capacity utilisation is linked to Part-IV: The action plan new STPs being commissioned. STPs submitted by DJB to YMC will Part VI: No comments under YAP III and Coronation Pillar will be monitored closely and long add110 MGD to the existing capacity term capacity shall be Public authorities cannot besides upgrading the STPs with a enhanced from present take absence of funds as capacity of169 MGD which have been capacity of 597 MGD to 707 an excuse for not being running on old standards. The capacity MGD by Dec-22 and capacity able to take anti-pollution utilisation at present is about 90% utilization of 100 % shall be to measures as which is planned to increase to 95% by achieved by the first quarter of environmental pollution June 2021 with the commissioning of 2023 adversely impacts public the Coronation Pillar STP. health.
Part-V: Decentralised STPs:33
Out of 14 decentralised STPs planned Part-V: Land for construction by DJB, , NMCG has already sanctioned of 56 STPs decentralized and funds for 7 STPs and released the funds SPSs at 8 locations is yet to be in 2017. Land for two out of the 7 allotted by Revenue sanctioned projects is in the Department and DDA. Another possession of DJB. However, the 24 to 36 months will be construction could not commence due required for completion of to one or the other reason. these STPs after allotment of land.
The cost of constructing 56 decentralized STPs with a treatment capacity of around 92 MGD is about Rs.
828 Crores.
Further the land cost for these new DSTPs will be about Rs. 300 Crores.
Thus the total cost for construction of the new DSTPs works out to about Rs.
1128 crores. There is no evidence that funds would be found as NMCG will expect utilisation of the previous tranche of funds provided for 7 DSTPs.
The plans are based on notional planning and have not been related to actual colonies and habitations. There is no indication given whether in-situ sewage treatment is possible. Land issues are still in a state of flux.
34 Part-VI: In-situ Bio/Phyto-
remediation: Part-VI: This is being separately
monitored by IDMC. However,
All the drain owning agencies like the agency wise progress reported DMCs, NDMC, DSIIDC, PWD, IFCD, DCB to YMC is as follows:
have only prepared Action Plans and no actual work of In situ bio/phyto Delhi Cantonment Board: DCB remediation has commenced so far. has started Bioremediation in Meetings of the IDMC do not reflect on six drains till permanent the timelines given by NGT and the resolution of contamination of minutes show that the agencies are these drains is made. It is acting very slowly depending on pertinent to mention here that outside consultancies. waste water from six drains was tested before start and after one month of bio-
remediation. The reports were compared and the results after one month of Bio-remediation were found well within the prescribed parameters by the DPCC. SDMC: has reported that though Action Plan for 261 drains at a total outlay of Rs 129.96 crores has been prepared by IIT Delhi. SDMC does not however have funds to undertake the work. The CPCB who were approached by SDMC vide letter dated 10.7.20 for financial assistance of Rs.35
1073.81 lakhs for 17 Km of Chirag Delhi drain have declined to provide any financial support under EC funds collected by the Board.
There has therefore been no progress on the ground so far.
EDMC: has stated that is treating 3 MLD of waste water at Shahdara jheel set up in 2016.An action plan for treatment of 5 drains at a total outlay of Rs 59.69 crores has been submitted to CPCB for funding.
North DMC have reported no further progress.
36Interceptor Sewerage Project (ISP) S.No. Issues as per YMC Observations in YMC's report of Comments of stakeholders/ Comments of YMC on the Recommendations of Final report of 7.12.20 parties reply received from the YMC 29.6.20 and stakeholder concerned NGT's order of 6.7.20 5 Interceptor The interceptor Sewerage Project a. Status of ISP: a. YMC has got an The following directions Sewerage (ISP), a flagship project for trapping independent assessment may be considered :
Project(ISP) sewage from unsewered unauthorized DJB in its reply has informed done through a team colonies in the catchment of that the ISP will be consisting of Shri RS Tyagi 1. DJB should ensure that Najafgarh, Supplementary and commissioned by 31.12.20. Former Member 147 drains out of 204 Shahdara drains contributing almost (Drainage) DJB and Prof additional drains falling in 2/3rd of sewage, which was to be The delay in treatment of Singh, Head of the catchment of commissioned as per the original sewage trapped under ISP is Department of Najafgarh and Shahdara schedule in 2014 was rescheduled to due to delay in commissioning Environmental drains, which are not be completed by 31.12.19 and finally of STPs at Rithala, and Engineering of Delhi covered under ISP, must by 31.12.20. Coronation Pillar. The schedule Technical University. The be trapped and sewage of trapping and treatment will report of the team is diverted to nearest STPs a. Status of ISP: be as under: placed at Annexure- I with strict adherence to The progress of trapping 108 drains which has confirmed that the timelines which under ISP and treatment reported in Date Trapping Treat the sewage trapping part should be prescribed and YMC's report dated 7.12.20 was as MGD ment of the ISP has indeed been monitored.
under: MGD completed. However, 31.12.20 242 165 treatment of 2. Timelines for each Date Trapping Treatmen 31.3.21 242 200 242 MGD of sewage as stage of the process MGD t MGD 30.6.21 242 211 planned will take place should be laid down. The 31.12.20 242 158.70 31.12.22 242 242 only by Dec 22. responsibility for 30.6.21 242 200 different segments of the 31.12.22 242 242 Reasons for delay: process of trapping and 37 ISP was scheduled to be depositing into the SPSs completed by 31.12.19. But should be assigned to work got delayed due to specific officers. The complete ban on construction progress should be imposed Hon'ble Supreme monitored by the CEO on Court appointed EPCA on a monthly basis against 26.10.2019. CAA Protests and the agreed timelines.
communal riots in Seelampur Area of East Delhi which 3. The extent to which occurred in Feb-March 2020, these drains can be taken also hampered progress, as the up for in-situ bio/phyto-
SP packages were majorly remediation should be located in East Delhi area got studied by a where the effects of such competent agency. factors were more
pronounced.. Subsequently, 4. The results of the the extraordinary crisis and tripartite committee's pan-India lockdown and other findings on river water restrictions due to COVID-19 quality should be placed pandemic since 23.03.20 in public domain thwarted attempts to periodically.
complete the ISP as per
timelines. The problem was
compounded by severe
shortage of funds in Project
Escrow account due to the
COVID -19 Pandemic related
restrictions on expenditure.
However, the project work was
regularly reviewed and work
38
commenced after the easing of
COVID restrictions and
improvement in the fund
position. Now, the project is
scheduled to be completed by
31.12.2020.
b. Sewage from Unauthorized b. Sewage from unauthorised b. Sewage from some
colonies under ISP: colonies: colonies out of a total of
1173 colonies in the
The STPs linked to the 108 drains The new policy of DJB is to catchment of ISP will passing through 1173 colonies and provide household continue to discharge being covered under ISP are to be connectivity to all households untreated sewage until commissioned only by December in the sewered colonies at the Rithala STP is 2022. Availability of trapping DJB's cost which should help commissioned by 2022 infrastructure by itself will not provide maximise trapping and Also, 147 out of 204 relief from extensive pollution because treatment of sewage. additional drains in the the STPs would need to treat the waste catchment of ISP will water and all the households will need continue to discharge connection supported by a conveyance sewage into the Yamuna system until December 2022 -the date by which time all the colonies are planned to be sewered.
c. Water quality improvement in c. Water Quality improvement C. CPCB and DPCC reports Yamuna: in Yamuna: of November 2020 Delhi Jal Board needs to give an Over a period of time from enclosed to the YMC's assessment of improvement in river 2001 to 2020, due to increasing report of 7.12.20 do not 39 water once the present set of drains population the generated BOD indicate any reduction in are trapped and the sewage is treated. pollution load increased from pollution load in river Although the existence of sewage in 690 MT per day to 1150 MT per Yamuna during the period the drains is related to factors beyond day. However, due to 2015-20. the control of DJB, the Jal Board needs relentless efforts of DJB, the Also the measurements of to set a goal of achieving certain level BOD load in River Yamuna has water quality at ITO alone of water quality improvement in the seen a declining trend from 45 cannot be taken as river once the ISP is commissioned. A mg/lit in 2009 to 28 mg/lit in representative figure for tripartite arrangement with CPCB, 2020 at ITO bridge. (Data as per pollution in the Yamuna in DPCC and DJB needs to be put in place DPCC Report). As suggested by Delhi. for doing it. YMC, a tripartite agreement with CPCB, DPCC and DJB may be formulated under the aegis of DPCC, which has the mandate of quality monitoring system of river Yamuna.
d. Time series data of Water Quality in d. Time series data in Water Yamuna quality in Yamuna: d. DPCC and CPCB Time series data of the river together measure water Time series data collected by the CPCB quality has to be taken by CPCB quality at 14 stations and the DPCC should help establish the and DPCC and DJB will extend along the Yamuna on a impact of the ISP, both in quantitative full cooperation monthly basis. DJB should terms by volume of waste water in the coordinate with DPCC to drains as well as the quality of waste ascertain improvement in water itself water quality at all the stations and make that the basis for showing progress in reducing pollution.
40Repair and maintenance of Drains S.No. Issues as per YMC Observations in YMC's report of Comments of stakeholders/ Comments of YMC on the Recommendations of Final report of 7.12.20 parties reply received from the YMC 29.6.20 and stakeholder concerned NGT's order of 6.7.20 6 Repair and There are in all 23 large storm water YMC recommends issue Maintenance of drains joining Yamuna downstream of of the following Drains Wazirabad which discharge sewage directions:
and industrial waste into the river. Out of 3026 MLD of flow discharged into 1. IDMC constituted by river Yamuna through all the drains, the GNCT Delhi on orders Najafgarh and Shahdara drains (CPCB of NGT should holistically Report of 11.11.2020) account for cover all aspects of about 2106 MLD and 513 MLD prevention, control and respectively. Keeping in view the fact treatment of sewage in that a large number of unsewered the drains and also colonies continue to discharge their ensure that enforcement sewage into the storm water drains, action is taken under the DJB has been trapping drains at the Water act of 1974 , the outfall point into river Yamuna and Delhi MC act of 1957 and conveying the sewage through the any other law in force. trunk sewers to the nearest STP.
a. Trapping of drains at the outfall a. DJB has replied that trapping a. This will require to be 2. The issue of land point in the river: during the Monsoon from July monitored by the IDMC allotment for STPs/SPSs The following 13 drains were claimed to end of September to avoid which has the mandate of be resolved by the VC to have been trapped by DJB which flooding/surcharge in the prevention, control, DDA and CS GNCT Delhi implied that there was no flow catchment area of the drain. treatment of sewage in within next two months Therefore, during the monsoon the drains ensuring that 41 downstream of the point of trapping: and immediately after post enforcement action is and a compliance report These were: monsoon period there is some taken for dumping of submitted to the NGT.
1. Magazine Road Drain discharge in the drains in the sewage, septage and solid
2. Sweeper Colony drain downstream portion of the waste in the drains. 3. IDMC should direct
3. Khyber Pass Drain trappings. However, during the b. Prevention and eviction authorities/drain owning
4. Metcalf House Drain lean period of summer the of encroachment on agencies to install CCTV
5. Moat Drain(Vijay Ghat) discharge downstream of the drains and proper cameras at the hotspots
6. Civil Military Drain trapping is completely plugged. maintenance of trapping of pollution in drains/ t
7. Tonga stand Drain DJB states it has awarded an infrastructure to ensure trapping points to
8. Dr. Sen Nursing Home Drain operation and maintenance that there is no sewage monitor sewage/septage
9. Delhi Gate drain contract for all the trapping downstream of trapping in the drains and to act as
10. Drain No 14 points to ensure periodic point and installation of a deterrent against
11. Tughlaqabad Drain maintenance and effective CCTV cameras are throwing garbage. CCTVs
12. Kalkaji Drain functioning of the trappings. essential for monitoring would need a control
13. Tehkhand Drain DJB will fully co-operate with sewage in drains.DJB has room as DDA has DPCC, whenever they choose not indicated who was provided on the flood to inspect these trapping consulted about the plains (for 24x7 CPCB had disputed these claims, and points where sewage was feasibility and utility of monitoring of trucks so YMC asked CPCB to undertake site found downstream of the the CCTV or any entering the flood inspection and report on the status of trapping point: technology based plain).That system is trapping. As per the CPCB Report of These drains are: intervention to keep track functioning well. IDMC 11.11.2020, only the following six
1.Delhi Gate drain of the pollution at points may be directed to have drains had no flow downstream of
2.Sweeper Colony drain of completed trapping. common control rooms trapping:
3.Civil Military Drain Once again there is an for selected drains
1. Magazine Road Drain
4.Tekhand Drain effort to deflect the manned by common
2. Khyber Pass Drain
5.Tuglaqabad drain 6.Kalkaji problem to DMCs with no control rooms involving
3.. Metcalf House Drain drain ownership for the all drain owning agencies
4.. Moat Drain(Vijay Ghat)
7.Shastri Park Drain prevention of pollution. and DPCC.
5.. Kailash Nagar Drain As far as encroachment This defeats the purpose
6.. Drain No 14 beyond the trapping point is of trapping and if sewage 42 In the other drains, there was concerned, the required action re-enters downstream it 4. All households in the considerable flow downstream of the is to be taken by the respective negates the efforts made. colonies which have been point of trapping. Drain wise flow as drain-owning agencies. Since the CEO of the DJB is notified as sewered per CPCB report is as follows: Regarding installation of CCTV the Member Secretary of should be provided or
1. Sweeper Colony drain(4.32 MLD) cameras at trapping, the same IDMC, he must see that directed to take
2. Civil Military Drain(4.32 MLD) was not found feasible due to such cases of post- connections to the sewer
3. Tonga stand Drain(1.73 MLD) site constraints and remote trapping pollution are network within next
4. Dr. Sen Nursing Home Drain(29.38 locations etc. However, the kept track of through an three months. Failure of MLD) feasibility will again be oversight mechanism and households to take
5. Delhi Gate drain(56.16 MLD) explored for finding a suitable are flagged in the IDMC sewer connections
6.Tughlaqabad Drain(26.78 MLD) technology-based/CCTV meetings. Only then can should be made liable to
7.Kalkaji Drain(NA) monitoring mechanism. the local body/drain pay EC of Rs 10,000 per
8.Tehkhand Drain(NA) The responsibility for in-situ owning agency be made month. While the presence of flow may be bio/phyto remediation, as an responsible for stopping NGT may also consider understandable during the monsoon interim measure, lies with the sources of pollution. directing that after and immediately post -monsoon, the drain owning agencies and IDMC should prescribe a 30thApril 2021 if it is presence of flow even during the drier IDMC is monitoring this. strict time frame to rectify found that sewer months of October/November For control of sewage in the pollution points as connections have still not suggests that the trapping Maharani bagh drain, the time otherwise the whole been installed in a infrastructure suffers from poor lines for the work of laying of purpose of trapping is functional state, the maintenance and supervision. In a sewer network in Batla House defeated. Chief Secretary should number of drains there are jhuggis and GOC Ph-II are April 2022 which make adverse remarks in encroachments downstream of where has already been squeezed and IDMC should set up a the Annual Reports of the trapping has been done and the further squeezing of timelines mechanism for receiving senior most DJB officer in release of sewage directly into the is not practically possible as public complaints relating charge of the concerned drains continues. this is not a green field project to sewage in the drains as colony and a report IDMC headed by the Chief Secretary and the work involves laying of numerous RWAs have thereof has to be needs to attend to the following: internal sewer lines in a length been complaining to YMC furnished to the Tribunal of about 75 kms in this project that they are suffering the by 15.5.2021. wherein about 25 kms is under 43 I. Prevention and removal of the command area of this adverse effects of open This action is covered by encroachments/jhuggis on or abutting drain. sewage in the vicinity. NGT's order dated the drains On Barapula drain, 6 out of 12 11.9.19 in which in ii. Direct the DUSIB to take effective points in the Action Plan have Para15(A)(iv)(g) NGT had measures for prevention and control been completed. One point directed the Chief of sewage, septage and solid waste partially and the remaining 5 Secretary, GNCT Delhi as going into drains from jhuggis adjacent points will be completed by follows :
to the drains. June 2021. "For delay of the work, iii. Direct the DPCC to monitor these the Chief Secretary, drains with regard to the effectiveness Govt. of NCT Delhi must of trapping identify the officers iv. Installation of CCTV cameras at the responsible and assign point of trapping and connecting these specific accountability. to DPCC/DJB control rooms. Wherever there are iv. To effect better coordination and violations, adverse accountability between the drain entries in the ACRs must owning agencies and the DJB which be made in respect of must own overall responsibility for b. Proposed STPs: such identified officers sewage management in Delhi. Land for STPs/SPSs have been for delay in setting up of v. In situ-bio/phyto remediation in sought from DDA: STPs, sewerage network drains where the quantum of flow is 1. Mori gate drain, b. The timelines for STPs and its connectivity by low and area is available for adoption 2..Tonga stand drain are either missing or the concerned head of of models suggested by the CPCB 3. Barapula Drain vague. No progress on the department".
4..Sonia Vihar Drain exploring the possibility of Further the order b. Treatment of Sewage in other 5. Jaitpur Drain setting up STPs on states that drains: In addition to land for floodplains has been "where works with Treatment of sewage in the following DSTPs/SPSs internal sewer given although NGTs regard to STP, sewerage drains is proposed to be done by network is proposed to be laid orders were brought to network and its setting up STPs/providing sewer in Batla House colonies, and the notice of the officers connectivity have not yet network: attending YMC meetings. started, the Govt. of NCT, 44 Tonga Stand drain(7.8 MLD): After command area of Sonia Vihar, Delhi has to pay an allotment of land by DDA Jaitpur, Abul Fazal drains. Environmental
1. Mori gate (Quadasiabagh Compensation at the drain)(33 MLD): After rate of Rs. 10 lakhs per allotment of land by DDA. month per STP,
2. Barapula drain(150 Sewerage network and MLD)Action of trapping of its connectivity after drains into the sewer network 31.12.2020 for the delay and of providing a sewer and it will be open to network in the U/A colonies as Govt. of NCT of Delhi to per the 12 point Action Plan recover the said amount given by DJB to be completed from erring by 31.3.21 should be got officers/contractors'' completed before awarding more construction work of new 5. In situ bio/phyto STPs. remediation through
3. Maharani bagh drain (39 technology of MLD): After trapping 9-10 MLD Constructed wetlands in the trunk sewer, balance 39 developed for Kilokari MLD flows will be trapped into drain near Kalindi colony the sewer network once the and Dhobi Ghat at South sewer system in Batla House Biodiversity park by DDA group of colonies is ready by through Prof Babu of April 2022. Separately, this CEMDE may be drain along with other smaller considered for drains like the Kilokari drain in replication by all drain Khijrabad/Kalindi colony areas owning agencies who are being treated in-situ should be directed to visit phyto/bio-remediation using the Kilokari drain.
Constructed Wetlands by DDA Encroachment on public 45 through Prof Babu, head of land should be removed CEMDE. in wider public interest as
4. Sonia Vihar drain (25.50 MLD): the presence of After laying of internal sewer pollutants are a health network and allotment of land hazard to the for SPS. No timelines given. community. Human
5. Abul Fazal drain(35 MLD): habitation on public land After laying of internal sewer is ubiquitous in Delhi but network(Target date: April the safety of tens of 2022) thousands of citizens
6. Jaitpur drain (23.30 MLD): must surmount concern After providing sewer network for a few score citizens and setting up decentralized that prevent the STP. Land yet to be allotted. treatment of sewage and Land allotment for STPs and SPSs waste water because has shown no progress except they have encroached on exchange of letters. the land.
DJB has not shown any progress on c. Najafgarh and Shahdara 6. There should be zero NGT's order directing that land on drains are linked to ISP and the c. Interim measures for tolerance for intermixing the floodplains be considered for progress of interception and treatment of sewage in of sewage in the storm setting up STP. treatment has been covered in drains not connected to water drains which is Ch-5-Interceptor Sewer project any STP due to delay in done by puncturing the c. Drains covered under Interceptor com missioning of sewer lines. NGT may Projects: Coronation Pillar and consider directing that if Najafgarh (2106MLD) and Shahdara Rithala STPs must be any new punctured (513MLD): 108 drains in the planned through sewers are found, the catchments of Najafgarh and Shahdara phyto/bio remediation responsibility should be drains are covered under the ISP. As /alternative technologies fixed on the concerned stated by DJB 158 MGD(717 MLD) of or by implementation of Executive Engineer of the sewage in these drains is being septage management DJB and DMCs/drain 46 intercepted and treated under the ISP regulations. In the owning agencies at the though infrastructure for trapping 242 absence of such interim point of puncture. It may MGD has been commissioned. The measures, sewage will be treated as wilful balance Sewage (242-158) will be continue to flow in the negligence or treated only on commissioning of STPs drains until the STPs are misconduct, inviting at Coronation Pillar under Namami commissioned in major penalty since this Gange and Rithala under YAP III. December 2022 and cannot happen without Since about 105 MGD(478 MLD) from pollute river Yamuna and the concerned Executive Haryana and 50 MGD(227 MLD) from cause public health Engineer's connivance or UP comes into Najafgarh and Shahdara hazard. negligence. Puncturing drains respectively, the IDMC cell storm water drains is a headed by the CS GNCT Delhi will have serious offence because to coordinate with the states of d. 50 points out of 79 points it exacerbates pollution Haryana and UP for control and where sewage was flowing into and causes health treatment of sewage before leaving storm water drains by hazards to residents. the respective states. puncturing sewer lines have d. Progress has been slow. IDMC may be directed to been plugged, two points Timelines for completing establish mechanism to d. Status of Punctured sewers: Out of pertain to DUSIB and one point the work are being receive and promptly 79 places where sewers were to DDA. In the remaining points stretched too frequently investigate and report on punctured to permit flow in the storm except 2 places, the work was with generalised such instances of local water drains, 50 places have been to be completed by 31.12.20, justification for extension puncture of drains. plugged. The remaining are planned to but the work for only three of timelines, which makes 7. A team of Scientists be plugged during 2021 and completed points will be completed by monitoring meaningless. from NEERI, NMCG and by December 2021. The work relating December 20 and for 13 points If DDA and Revenue IIT Delhi should take a to DUSIB, DDA and Railways should be during March-June 2021 and Departments are not decision on whether or got done through the concerned remaining 8 only by December cooperating DJB should not further study of Agencies by the IDMC as permitting 2021. share the reasons given legacy sludge in river sewage in storm water drains, which by them so that those Yamuna should be act as tributary of river Yamuna will Departments can be also undertaken in view of the brought into the loop of findings of NEERI report.
47defeat the efforts at sewage monitoring. But in the IFCD should coordinate management by DJB. absence of any details this.
being provided it gives the impression that there is no seriousness to actually set up the STPs.
e. IFCD has informed that the conclusions of NEERI study are:
"Through analysis of metals in e. NMCG and GNCT Delhi the sludge/sediments samples should take a view on this collected during pre and post based on the report of monsoon season do not show NEERI.
e. Controlled dredging in river any specific trend as the Yamuna: Judgment dated 15.1.13 had samples were either collected directed controlled dredging in river from surface and 1 ft below the Yamuna to remove historical sludge. surface, possibility of legacy NEERI had submitted its report to the sludge in deeper section of the IFCD. However YMC received no river bed cannot be ruled out. It response from IFCD. will be worth considering deep digging of sludge /sediment up to 5-6 feet at a few selected locations to further support any conclusion/decision."48
Industrial Pollution and CETPs S.No. Issues as per YMC Observations in YMC's report of Comments of stakeholders/ Comments of YMC on the Recommendations of Final report of 7.12.20 parties reply received from the YMC 29.6.20 and stakeholder concerned NGT's order of 6.7.20 7 Industrial The test reports of CPCB and DPCC YMC recommends that Pollution and from time to time have brought out A to C: the Hon'ble NGT may CETPs that the drains and the river Yamuna No Comments received from consider giving the continue to carry a high degree of DSIIDC/ following directions:
pollution load, particularly high Industries Department COD(80 to 184 mg/L) and even heavy I. The Govt of NCT metals like Ni, Cr, Pb even prior to idol Delhi/DDA should take a immersion. This is indicative of final decision within the pollution caused by industrial next three months on the effluents. issue of industries operating in industrial A. Industrial areas in Delhi areas which have been As per the Report of Industries notified for re- Deptt/DSIIDC, industrial area in Delhi development. A last date can be categorised as follows: for submission of layout
1. Industries located in notified plans may be given as it Industrial Clusters. has remained unresolved
2. Industrial clusters notified for for years together and is redevelopment under DDA's Master having an adverse impact Plan of 2021. on the containment
3. Industries operating from non- industrial pollution. The conforming/Residential areas nature of industries that may be permitted in such 49
1. Industries Located in notified areas should be notified Industrial Clusters: first and if they do not qualify they must be There are in all about 36000 industries asked to relocate or within 33 approved Industrial Areas in should be removed if Delhi. Only 25 Industrial areas have there is non-compliance.
been handed over to DSIIDC for maintenance& development activities.
Out of the 25 Industrial areas with ii. NEERI should complete DSIIDC the lease administration of only its study of CETPs up- 12 areas is with DSIIDC and for the rest, gradations within the the authority lies with DDA. In these 12 next three months and industrial areas, the authority to also give a feedback to collect revenue and levy various types the YMC on the of penalties/charges vests either with implementation of the DDA or concerned DMCs. short term measures The 17 industrial clusters having water recommended for polluting industries connected to 13 improving the CETPs fall within this category, though functioning of CETPs. complete control as prescribed under the DIDOM Act 2010 does not vest iii. An Action Plan should with the DSIIDC. The 11 6industrial be drawn up for clusters having dry industries are also identifying drains located within this category. The remaining within the Industrial industries are flatted factories causing clusters and identify no water pollution. those carrying industrial effluent. The work of
2. Industrial Clusters notified for Wazirpur IE be taken up redevelopment under DDA's Master on priority within the plan of 2021 next two months and 50 Twenty five Industrial Clusters have with the help of NEERI been notified for redevelopment pumping and conveyance under the provisions of the Master infrastructure be Plan. These areas are non-industrial repaired and effluent where industrial activity mushroomed conveyed to the CETP. illegally and later these clusters were This should be notified for redevelopment. There is coordinated by the IDMC no infrastructure such as a CETP or a and report submitted to separate conveyance system for the Tribunal within 2 industrial effluent. The DSIIDC and the months.
Industries Department have no control and carry out no supervision over the iv. The Chief Secretary industrial units in these areas. There and the Chairman DPCC / are virtually no environmental Principal Secretary safeguards or oversight. Environment & Forests Govt of NCT Delhi should The notified areas are required to be take immediate steps to redeveloped by the concerned Society suitably strengthen DPCC of Industrial Units wherever they have and fill up all the vacant applied for declaring the area as posts to enable it to notified for redevelopment. The said perform its regulatory redevelopment is required to be functions. In the carried out within 3 years of the interregnum approval of the layout plan (as particularly posts of provided in the MPD). However, while technical nature should issuing the regulations for be filled up on Contract. redevelopment of these clusters, no This has been advised by timeline has been fixed by DDA either YMC in repeated for applying for the approval of a meetings with DPCC but Layout Plan or for approval of the same the organisation is clearly thereafter. The Industries Department 51 informed YMC that they have taken up either not or is unable to with DDA for taking up redevelopment pull its weight with the of the industrial areas in a time bound senior officers / manner, or else de-notify them. There Government. The is no progress on this., services of retired scientists with the There is no credible data available as to requisite experience can the total number of units presently be hired for one year on operating in these clusters though it is lump sum payment till roughly estimated that there may be the posts are filled up on over 30,000 such units. The DPCC has a regular basis.
reported that Consent to Operate had been given to 1752 units of these clusters from 01.01.2020 to 31.10.2020. The DSIIDC has therefore suggested that:
a) A firm timeline for submission of layout plan, its approval and redevelopment needs to be notified, and
b) Regular inspections and enforcement action has to be taken by the concerned civic/regulatory agencies i.e. DMCs, DPCC, DJB etc. against units which continue to release pollutants into the drains.
YMC is of the view that the GNCT Delhi/DDA should take a final decision 52 on the issue of industries operating in industrial areas which have been notified for re-development. Layout plans should be given in not more than 3 months as the matter has remained unresolved for years and the owners are having unbridled freedom to ignore environmental requirements of installing the requisite ETPs and be under anti-pollution scrutiny The nature of industries that may be permitted in such areas should be notified first and if they do not qualify they must be asked to relocate or should be removed if there is non-
compliance
3. Industries operating from non-
conforming/Residential Areas Under the directions of Hon'ble Supreme Court, the Commissioner of Industries, Govt. of Delhi had formulated the scheme of "Relocation of Industries" in the year 1996. The rationale of the scheme is to relocate and manage the operation and maintenance of industrial units working in the residential areas of Delhi to conforming areas in NCT of 53 Delhi. 51837 applicants had applied for alternate plots under the relocation scheme. Out of that, 21960 applicants who were declared as successful allottees got alternate plots.
The YMC is not specifically monitoring this as there is a separate committee under Chairmanship of CS Delhi reporting to the Hon'ble Apex Court and another Committee under Justice Pratibha Singh reporting to the Hon'ble NGT B. Enforcement Action:
Industries Deptt levied Rs 9.825 Cr. as EC on 1965 units and realised only Rs 5.89 crores. Similarly against a levy of Rs 25.28 crores cr. as EC imposed by DPCC the realisation has been a paltry Rs2.69 crores. High levels of non-
recovery of the EC levied on the industries would have emboldened them to defy the law as the punishment is ineffective. DSIIDC/ Commissioner Industries and DPCC need to evolve a strategy to realise the EC levied on the industries within a time frame as the discharge from such industries is not being stopped through such ineffective measures.
54C. NEERI study for upgradations of CETPs:
DSIIDC has commissioned a study though NEERI to upgrade/retrofit the CETPs to ensure that they meet environmental parameters. The present capacity utilisation is only of the order of 25 to 30% and therefore whether some of them can actually be retrofitted to also undertake sewage treatment was also a part of the Terms of Reference of the NEERI study. NEERI should complete the assigned study to determine the feasibility of upgrading the CETPs within the next three months. NEERI should give also a feedback on the implementation of the short term measures recommended for improving the functioning of CETPs.
D. Industrial Effluent in Storm Water drains passing through Industrial Clusters:
NEERI informed the YMC that in the Industrial clusters at Wazirpur, the D. Presence of industrial amount of industrial effluent found in effluent in drains within 55 the drains, within an Industrial cluster D. Industries Deptt/DSIIDC industrial estates should serviced by CETP, was found to carry have furnished the following stopped on priority by almost twice the industrial effluent comments: Industries Department/ reaching the CETP. The characteristics DSIIDC. DJB should have of the effluent in the drains showed a. The storm water drains may no objection to giving the presence of industrial pollutants. be connected to the existing NOC if the work of This clearly points to industries either conveyance system of CETP interception, repairing not conveying all the effluent to the through gravity pipelines after conveyance system and CETPs or resorting to the use of a installing a screen chamber in the pumping bypass. Water polluting activities may the Storm Water Drain so that infrastructure is to be also be emanating from the Jhuggis no solid waste is allowed to executed by Industries which are within such clusters. This is flow into the conveyance Department / DSIIDC. This a matter of serious concern as system/sewerage system. Two will increase capacity industrial effluent is being allowed to locations have been identified utilisation of the CETP and pollute the water devoid of oversight. one at A Block and another at stop industrial effluent in B&C Blocks of the Wazirpur the drain.
YMC also asked the officers concerned, Industrial Area where the MS, DPCC and Executive Director, storm water drains can be DSIIDC to jointly prepare a paper with connected to the existing suggested strategies which could have conveyance system of the tangible impact. YMC is yet to receive CETP. In this way the entire such a strategy paper which will be untreated waste water of submitted to the Hon'ble Tribunal for storm water drain may be appropriate orders transported to the CETP Wazirpur.
E. Hazardous waste management facility: b. For connecting the storm Delhi does not have a hazardous waste water drains to conveyance management facility. There is delay in system of CETP, NOC from DJB grant of Environment Clearance for is required. 56 establishing a Hazardous Waste Facility. Considering that Delhi does c. Further, this shall be a not have any Hazardous Waste temporary arrangement till Treatment facility, the matter needs to such time that industrial E&F: Expediting be pursued by the Industries effluent continues to be Environmental clearance Department with the MoEF & CC. present in the storm water and filling up vacant posts drain. of DPCC should be taken F. Matters relating to DPCC: up on priority and the d. NEERI has also been Secretary Environment In order to function properly DPCC requested to look into the should be made must have adequate technical matter and to suggest accountable to manpower. During the review, on a upgrade/ modify the CETP at coordinate between the query by the YMC, MS DPCC informed Wazirpur keeping in view the different agencies and get that out of 343- sanctioned posts in quantity and quality of the it done. DPCC only 117 posts are filled as of waste water of the storm water today with 226 vacant posts. While drain also, so that the entire some posts are promotional, a large untreated waste water flowing number of posts are to be filled by into the storm water drain direct recruitment. Filling up all the could also be treated in the vacant posts needs to be accorded CETP itself priority and in interregnum E.&F: contractual appointments need to be No comments have been given. made particularly to man the technical posts considered essential- not on a normative basis but judged by the size of the pollution problems besetting the city. Chief Secretary needs to see that the posts are directed to be filled on fast track and the progress has to be monitored as no enforcement agency 57 can function with 2/3 of its posts lying vacant. Since this has a direct impact on pollution the Secretary Environment of GNCT should be made accountable. 58 Sewage and Faecal Sludge Management S.No. Issues as per YMC Observations in YMC's report of Comments of stakeholders/ Comments of YMC on the Recommendations of Final report of 7.12.20 parties reply received from the YMC 29.6.20 and stakeholder concerned NGT's order of 6.7.20 8 Septage A. Levying Sewerage Charges on A. In a meeting held under A. Since the matter is now YMC recommends the management and all households whether in taken by the Minister(UD) on awaiting Cabinet following:
Levy of EC sewered or unsewered 04/01/21 the following approval, and its actual 1. NGT may consider colonies under polluter pays decisions were taken: implementation would directing GNCT to The Delhi principle a) Annual Sewage Pollution need to be monitored by complete all decision Government may In compliance with the order dated Charge under 'PP Principle' is UDD and IDMC making processes for forthwith comply 08.5.2015 and subsequent orders of to be levied on all households considering the past implementation by end with the order of NGT, the DJB in the Board meeting whether located in sewered / delays and shifting time- of March 2021 and start the Hon'ble held on 24.09.2020. has approved levy unsewered areas and collected lines as all citizens need to levying sewerage charges Supreme Court of sewerage charges on all households by the DISCOMS from the become mindful of on all households from dated 24.10.2019 irrespective of whether they live in Domestic and Non-Domestic compensating for the 01.04.21. on the subject of sewered areas or unsewered colonies consumers at rates as pollution they cause. 2. Direct the GNCT Delhi levy and recovery The Sewerage charges approved are Rs approved by the Board of DJB to complete household of the sewage 100+50 per KW of load in G and H on 04/11/20 connectivity to all charges. colonies to Rs 5000+200 per KW of (b). The Annual Sewage households in 561
23. If in spite of load in A and B class colonies.(per Pollution Charge will be colonies which have been direction of this month or year may be mentioned.) collected by DISCOMS through notified as sewered Tribunal and YMC is of the view that unless this is the Electricity Bill once in a colonies within the next orders of Hon'ble approved by the Cabinet, not much year. three months and submit Supreme Court, may be read into this at this stage, as (c) DERC shall consider the cost a compliance report to direction for levy in 2015 also, sewerage charges were of collection by the DISCOMs the Tribunal. The of sewage levied following a Cabinet decision, but for levy and collection of EC Fee provisions of section 28 charges is not the order could not be implemented as and necessary of the NGT Act may be 59 complied with, it one of the Power Distribution orders/directions including any invoked if provision of is open to either Companies had approached the operational issue shall be household connections is party to move the Hon'ble Supreme Court and got the decided by DERC. The DISCOMs not completed by Hon'ble Supreme order stayed. There is no clarity if the shall transfer the amount of EC 30.04.21 Court for such decision now taken and the collected to DJB within a time action as may be mechanism of recovery through the period and after deducting 3. Individual District necessary for power distribution companies will collection charges as decided Magistrates are not enforcement of fructify unless there are collection by DERC. enforcing the Septage the direction of charges payable to the power (e) The Power Department Regulations which the said Hon'ble distribution Companies and the shall coordinate for collection require detecting illegal Court." government has had prior of Annual Sewage Charges tankers and taking action consultations with the DISCOMs on under PPP along with against the vehicle this. The progress on this will require Electricity Bill and transfer the owners. The to be monitored and reported to the same to DJB within a time performance of the DMs Hon'ble Tribunal. period, as decided by DERC. as far as enforcement is A draft Cabinet Note prepared concerned over the last by DJB and Water Branch (UD) 20 months of the on 08/01/21 has been operation points to laxity circulated among Power on the part of both the Department, Finance DMs and the DJB officers Department, Law Department who should have been and Planning Department pursuing this proactively.
before being taken up in the Action may also be
Cabinet. directed to be taken by
B. Household Sewer connections in all the Chief Secretary
Sewered colonies: B. The Progress of sewerage B. against the officers who
Out of 1799 unauthorized colonies connections in 1799 i. The reply of GNCT Delhi have failed to
with a population of almost 70 lakhs, unauthorised colonies is as is vague as it is not clear if implement/enforce the
the status of the sewerage network is under: all the households in the Government order of
as follows; 561 notified sewered GNCT Delhi which made
60
a)Colonies where sewerage network is a)Sewer line laid and notified: colonies have been them responsible for
completed and notified: 561 colonies 561 connectivity to the sewer containment/collection
b)Colonies where sewerage network b) Work of sewer network is in network and if not, what of septage discharged
is under execution and to be progress 593: Up to December, are the timelines for into storm water drains.
completed by Dec '22: 481 2024 in phased manner completing sewer 4. For failure to enforce
c)Colonies where work is awarded and d) Work of sewer network is in connectivity to all the the provisions of the to be completed by March' 23: 114 tender stage: 02 to be households? septage management
d)Colonies where work is at the stage completed by March, 2023 ii. 593 colonies will be regulations against of tendering and likely to be e)Colonies where NOC is provided sewer network unregistered septage completed by Dec '23 subject to awaited/O-Zone 131: About 03 only by 2024. What is the collectors and /or availability of land for DSTPs: 512 years after receipt of NOC / plan in the interim to providing sewer
e)Colonies where NOC from Forest, Clearance from concerned ensure that sewage connectivity to Archaeology Dept. and under "O: department doesn't go into the river households there is zone" from DDA pending and work to f)Colonies where sewerage Yamuna though drains? sufficient cause to take be completed after 3 years of network is to be laid along with iii. Also what is interim action as already receiving NOC: 131 Decentralized STP: 512 For Plan for directed by NGT in its laying sewerage network in treatment/trapping for order dated 11.9.19 .In Out of the 561 colonies where sewer these colonies 3 years' time will treatment of sewage that order in network has been completed, 75 out be required after availability of coming from 645 colonies Para15(A)(iv)(g) NGT had of these are yet to be notified as land for DSTPs and committed as there is no clarity as to directed the Chief sewered colonies. As per the ATR fund of Rs. 2580 Crores @ 4 when the STPs and the Secretary, GNCT Delhi as furnished by DJB only 241 colonies crores per Colony (Total sewer network will be laid follows :
have been surveyed where 1.14lakh Balance Colonies 2+131+512 = as these are conditional to "For delay of the work, households had not taken household 645 land and funds being the Chief Secretary, sewer connection. YMC had said in its made available. Govt. of NCT Delhi must 5th Report that there was a need for Delhi Jal Board has resolved in identify the officers clarification (i) whether the 1.14 lakh its meeting on 12.06.2020 to responsible and assign households with illegal sewer provide sewerage connectivity specific accountability. connections/ no sewer connection right upto the doorstep of the Wherever there are signifies the total of such households residents at the cost of DJB. violations, adverse 61 or whether more such households are Accordingly, the scope of entries in the ACRs must expected to be added from the ongoing sewer network works be made in respect of remaining 320 (561-241) colonies not in unauthorized colonies has such identified officers yet surveyed. (ii) Timelines for been revised and work is in for delay in setting up of completing the survey and providing progress to provide STPs, sewerage network household sewer connections had connectivity to the residents. and its connectivity by been sought. In the Board meeting This significant initiative of the the concerned head of held on 12.06.2020 it was decided Board will result in the the department".
that in future a colony will be notified maximization of sewer Further the order
as a sewered colony only after all the connections by the states that
households have been connected to residents/households in all "where works with
the sewer network. notified sewered areas in the regard to STP, sewerage
future. Further, in future, network and its
notification of sewer system in connectivity have not
the unauthorized yet started, the Govt. of
colonies/areas will be done by NCT, Delhi has to pay an
DJB only after providing Environmental
extended house connection Compensation at the
facility upto nearby building rate of Rs. 10 lakhs per
line by constructing small month per STP,
chamber so that consumer can Sewerage network and
take sewer connection very its connectivity after
easily after notification of 31.12.2020 for the delay
sewer system. This recent and it will be open to
policy of DJB has greatly Govt. of NCT of Delhi to
simplified the process of taking recover the said amount
sewer connections as most of from erring
expenditure of sewer officers/contractors."
connection is being borne by
DJB.
62
The sewer connections have 5. Alternative strategies now been increased to 19.8 may be directed to be lakh as on August, 2020 against given with timelines for 15.6 lakh in Jan - 2020. treatment of drains in C. Septage Collection, transportation C. 593 colonies which are and treatment: C. i. The reply is vague on targeted to be sewered Septage Management Regulations of DJB: what action is proposed only by 2024 and 645 2018 notified by the GNCT Delhi On average, 6 to 7 lakh litres of to be taken for better colonies for which land is provide for collection, transportation septage per month is being enforcement though yet to be allotted. DJB is a and treatment of septage (Faecal collected and treated at the District Magistrates. revenue earning Sludge) generated in unsewered STPs of DJB. d) DJB is already ii. Even though SOPs organisation and has to unauthorized colonies which rely on formulating comprehensive issued vide order of treat sewage at a heavy onsite sanitation service. DJB has so far plans for engagement of over 31.3.20 have been cost which is paid out of registered 206 licensed vendors 80 Septage Cleaning prepared and conveyed to Government funds. It can (Emptiers) for collection and Machines/Vehicles for the all DMCs and DJB, actual raise resources and not transportation of sewage from the collections and conveyance of quantity of septage sit back in the hope that septic tanks and has identified 86 SPS septage from unsewered collected and NMCG will always points for receiving the Septage. The areas. The tenders will be transportation to SPSs of support it to fulfil its Board also plans to engage 200 more floated shortly and it is DJB has not been obligatory functions.
septage machines and the Notice expected that more than 80 furnished. 6.Commissioners of the Inviting Tenders was proposed to be machines will be in operation iii. There are five districts, DMCs be directed to put issued in December 20 and finalized by within the next 6 months by namely West, East, in place a mechanism for March 2021. June 2021. Central, Shahdara and better enforcement of Septage North where septage pollution in drains within The average daily collection of EDMC: collection is zero even their jurisdiction and septage is of the order of 6 to 7 lakh EDMC has issued instructions though there are a realisation of EC levied litres per day. However West, East, to all its field officers that, number of unsewered under Polluter Pays Central, Shahdara, and North have whenever any colonies in these districts. Principle. shown Zero septage collection from blockage in buildings / The DMs are 7. The UDD and the DMC June to September 20. Though these Community toilet complexes is overlooking the discharge Commissioners be districts collectively have 705 63 unauthorized colonies with 4,81,798 noticed, that should be of septage into non- directed to redefine the households (of which 232 are attended to by EDMC field designated in their areas role and functions of unsewered with as many as 1,91,002 officers through Suction-cum- despite meetings held by DEMs under DMCs to households,) the zero collection shows Jetting machines which were YMC with all key officers. include night patrolling of lack of enforcement and procured under UDF and the It is only in January that the drains and the only implementation. collected septage is disposed of YMC has been informed way to judge progress is There has been no enforcement action in nearby STP of DJB. that the Divisional for IDMC to get random by the District Magistrates who have Commissioner will inspections done by an been powers under the regulations. SDMC: monitor the DM's external party and to SDMC has appointed nodal although this has been hold DEMS or the Govt of NCT Delhi has issued an order officers for enforcement of repeatedly brought to the enforcement agency of dated 31.3.20 which lays down directions by the committee. notice of the previous the concerned DMC responsibilities and Standard The concerned officers Divisional Commissioners responsible for presence Operating procedure for Septage regularly visit the area and take and the individual DMs by of solid waste, non-levy collection, transportation and necessary action as per YMC. of EC and poor recovery. treatment from Unauthorized directions issued. As regard to unsewered Colonies. Despite the Septage Management, a order allocating responsibilities for detailed SOP is under approval.
collection and for enforcement there is no ownership of septage collection and treatment from unauthorized colonies. Urban Development Department, which is the nodal Department for all matters relating to DMCs and the DJB, has to be held accountable for laxity in implementation. Bulk of the septage continues to go into drains and the river Yamuna. Without the oversight by the IDMC headed by the Chief 64 Secretary, it is fast becoming no man's land.
Heads of the organizations viz., DJB, the 3 DMC's, the Department of Urban Development and the Divisional Commissioner under whom the DM's work are severally responsible for not paying heed to NGT's of repeated directions and even skirting a Government order which has been in force since 31.3.20.
D. Environmental Compensation for D: D. Despite clear pollution in drains: The updated progress on EC instructions of CS issued levied, realised and vide order dated 9.1.19 The agency wise EC levied, realized and outstanding (in lakhs) under followed by decision in outstanding(in lakhs) as reported is as different agencies is: the meeting taken by CS follows: on 8.2.19 there has been EDMC 58.38 1.90 56.48 no effective action to SDMC 40.50 1.00 39.50 prevent dumping of solid EDMC 58.18 1.90 56.28 and C&D waste in the DCB 1.50 ----- 1.50 North 148.50 41.43 107.07 drains. Realization of EC DMC also has been poor and Other agencies have not DDA ----- ----- 21.00 reported any progress after the order of SDMC and YMC's last report of 7.12.20. North DMC to realise the outstanding under DMC EDMC: Act will have to be monitored.
65To prevent such dumping of the waste in the drains EDMC Dumping of solid waste in As is evident, the status of EC have deployed Nalla Beldars drains has to be reviewed realization is extremely poor. YMC had and Sanitation Staff on daily by the Commissioner as asked the UDD and DMCs to evolve a basis to clean the drains and the subject is not getting credible mechanism for improving this is reoccurring process. due importance at lower realization of EC levied on the Executive Engineers (Maint.) levels and individual violators. The response, however, is have been empowered to RWAs are complaining ambivalent except in the case of North challan the defaulters. about the hardships the DMC and South DMC which have now The realization of these face. decided to effect recoveries under challans was An oversight agency is Section 455 of the DMC Act 1957 as the Being effected through two needed to patrol the experience of making recoveries member committee appointed drains and to nab through SDMs as arrears of land by CPCB on the order of miscreants who do this revenue has proved to be highly Hon'ble NGT. Earlier this mostly at night. unsatisfactory. However unless this is committee used to meet once Whereas de-silting is monitored by the Urban Development in a month in each zone. Due to planned and the Department, not much headway is Corona Pandemic, the said implementation is expected. YMC is of the opinion that committee now is not holding monitored no such accountabilities need to be fixed on physical hearing as such activity is being taken up officers for their lackadaisical realization of challans have for solid waste dumping implementation of the Polluter Pays been affected. The process of throughout the year. It is Principle so far as pollution in the keeping constant watch on no use allowing people to drains is concerned actions for throwing the throw solid waste and garbage and C&D waste is then remove it when de-
being reviewed periodically. silting is done in the pre-
monsoon period.
At present neither
Department of UD nor
IDMC is going into these
66
aspects which is an
obligatory function of the
DMCs.
67
Online Monitoring of STPs, CETPs and Yamuna
S.No. Issues as per YMC Observations in YMC's report of Comments of stakeholders/ Comments of YMC on the Recommendations of
Final report of 7.12.20 parties reply received from the YMC
29.6.20 and stakeholder concerned
NGT's order of
6.7.20
9 Online 1. STPs: YMC recommends the
Monitoring There are 35 functional STPs under the 1 & 2: 1&2: following Directions:
System(OLMS) DJB. All 35 STPs have now installed In compliance to the above YMC visited the OLMS at
OLMS and are connected to the orders of Hon'ble NGT, DJB has the Delhi Gate STPs in the 1. CEO DJB and the MD servers of CPCB and DPCC. The STP implemented following: a) DJB presence of CPCB and DSIIDC be directed to data is also in public domain. A system has already installed Online DPCC representatives on identify officers within of generating alerts whenever Monitoring System (OLMS) at 24.12.2020. their organizations who parameters exceed the prescribed all of its 35 STPs for real time YMC was also explained should be responsible for standards has also been prescribed. monitoring of quality the mechanism of smooth functioning of Out of 33 STPs monitored in the parameters in 2018 and same receiving and responding OLMS, its calibration in month of October, 2020 by DPCC 10 are also linked to DPCC/CPCB. to alerts when time as per the SOPs STPs were meeting the prescribed The online data is being parameters are exceeded. prescribed by the CPCB standards and the DJB was asked to regularly monitored by DPCC. It was explained that the and fix accountability in rectify the defects. b) Calibration of sensors of alerts are generated once the event of default.
Calibration of OLMS is being OLMS at each STP is being the design parameters of 2.Each organization done by the DJB fortnightly and by carried out fortnightly as per the STPs are exceeded (DJB/DSIIDC) should DPCC on Quarterly basis and the SOP of CPCB and calibration and these alerts go to all evolve procedures and Report is sent to Chief Secretary and report is submitted to YMC, the senior officers in DJB. systems for attending to YMC regularly. DPCC and CPCB. DJB has The data is generated alerts received online or Though the system of alerts and working laboratories at most of every fifteen minutes and through SMSs/Whatsapp Whatsapp messages has been the STPs and calibration is is available on the website messages within developed and used whenever plants being done based on variation of DPCC CPCB and DJB on prescribed timelines exceed parameters, internal systemic which should be worked 68 improvements do not appear to have in OLMS data and DJB a real time basis for out in advance and been made to respond to emergent laboratory data. anybody to access. notified to all levels of situations to rectify defects and c) Real time data of OLMS of all CPCB/DPCC servers which decision making within shorten the response time. STPs is available on DJB website receive data from all the the organization so that for general public. STPs any problem in the Plant
2. CETPs: d) Alerts on SMS/E-mail are The STP at Delhi Gate and or any of its units are There are 13 CETPs for 17 Industrial being generated whenever Dr Sen Nursing Home addressed expeditiously. clusters and all the CETPs have plants parameters exceed which were visited by the 3. Calibration should be functional OLMS. Though DSIIDC has design values. SOP has been YMC had all systems done through a NABL confirmed that they have prepared decided and implemented for working perfectly but accredited laboratory as SOPs for addressing alerts received effective use of OLMS for were surrounded by filth per the frequency and whenever parameters exceed the rectifying defects causing and overflow of sewage protocol laid down in the prescribed standards, the actual parameters out of design from trapping point and SOPs prescribed by the performance of the CETPs is not limits. e) The variation in the so even if the parameters CPCB. satisfactory. However, DSIIDC Officers values of OLMS reports and are not excessive and the 4. DPCC should review its were not able to show any DPCC lab reports for the month OLMS works efficiently it testing and calibration improvement in efficiency of decision of September 2020 for some of has no meaning until the protocols and impart making and most of the CETPs which the STP's, could be due to drains in the vicinity are training to lab show the four parameters which OLMS sampling & testing errors of plugged which was technicians on a periodic monitors, namely, pH, TSS, BOD and DPCC lab or malfunctioning of nowhere near having basis to upgrade their COD, within prescribed parameters are OLMS. However, calibration is been achieved. skills if required. actually non- compliant on several being checked on fortnightly In the event of repeated 5. In the event of other parameters like TDS, metals and basis and data for subsequent occurrences relating to a repeated non-
heavy metals. months will be observed. particular STP, compliance by STP
appropriate action under and/or CETP, DPCC
the Law should follow if should consider levying
Calibration of CETPs although being the design parameters are EC on the plant operator.
done through NABL laboratory, exceeded and such action 4. CPCB should set up a however it is observed that in some of has to be taken by CPCB. surveillance system for the CETPs like the Mangolpuri, monitoring high levels of 69 Nangloi, Mayapuri and Jhilmil CETPs, Ammonical N in river the BOD and COD values are at Yamuna particularly variance with the lab results by as during the winter months much as 43% in Mayapuri to 140 % in of lean season flows in Mangolpuri. Such wide variation raises the river and intensify questions about the OLMS as a tool for monitoring of improving efficiency. NEERI which has STPs/CETPs in Haryana, been assigned a study to suggest both online and through upgradation of CETPs should be asked physical inspections. to critically look at the OLMS system 5. DPCC should be installed and suggest improvements directed to create a for using the system more efficiently as feedback loop in their a tool to improve testing protocols OLMS to share the data operating practices. 3. High level of with DJB and CPCB in Ammonical Nitrogen was case of high levels of
3. Online Connectivity of reported in Yamuna at Ammonical N observed STPs/CETPs in Haryana and UP 3. No reply received from Wazirabad was reported at Palla to alert the Plant for monitoring Pollution in CPCB. in the "The Hindustan officials at Wazirabad Yamuna including Ammonical However based Times" on 29th December well in time.
Nitrogen: '20. DJB also separately
There have been also instances when brought this to the notice
due to excessive sewage flowing into of YMC.
river Yamuna resulting in high levels of Vide YMC's mail dated
Ammonical Nitrogen the Water 31.12.20 YMC asked CPCB
treatment Plants in Delhi had to be to depute a team of CPCB
closed. Real time monitoring by the scientists and with HSPCB
CPCB therefore should be able to pin undertake inspection of
point such source of pollution well in point sources of pollution
time for remedial action besides taking coming to river Yamuna
enforcement action by the CPCB. YMC through various drains
70
had asked the CPCB for Real Time originating in Haryana.
Online Monitoring of Industries and The report of CPCB has
STPs in Haryana and UP and their not yet been received. On
connectivity to the servers of CPCB and the direction of YMC,
to take enforcement action for DPCC had set up an online
violation of Environmental Standards station at Palla to
for STPs/ETPs/CETPs in the basin of specifically monitor
river Yamuna. Ammonical N in river
Yamuna. DPCC has not
CPCB has informed that it has submitted any report on
issued directions on 07.08.2020 to the functioning of the
Haryana & Uttar Pradesh SPCB under Online system at Palla and
Section 18(1) (b) of the Water whether in case of high
(Prevention and Control of Pollution) levels of Ammonical N are
Act, 1974 for installation of Online being shared with DJB to
Continuous Effluent Monitoring alert their Wazirabad
System (OCEMS) for self- surveillance plant.
of Sewage Treatment Plants within YMC has also written to CS
timelines and connectivity to Haryana on 15.1.21 asking
SPCB/PCC & CPCB Servers, undertaking him to direct officials to
regular operation & maintenance. take all effective
measures to stop flow of
untreated sewage and
industrial effluent into
Yamuna.
71
Use of Treated Waste Water
S.No. Issues as per YMC Observations in YMC's report of Comments of stakeholders/ Comments of YMC on the Recommendations of
Final report of 7.12.20 Parties reply received from the YMC
29.6.20 and stakeholder concerned
NGT's order of
6.7.20
10 Use of Treated As informed by the DJB, only about 89- For all Agencies viz: DMCs, YMC recommends the
waste water 90 MGD of treated waste water out of DCB and DDA following Directions:
about 590 MGD of waste water The off take by the
generated is being utilised. This is less The latitude & longitude of the institutional users like the 1. Despite DJB officers than 20%. In fact some of the treated parks and the data/ locations of DMCs, DCB, DDA needs to taking up with Divisional waste water is of very good quality parks received from various be monitored by the UDD Commissioner and (BOD less than 10 mg/l) and is being agencies were plotted on the as the reuse of water District Magistrates have treated at a very high cost. Letting such Map and the number of parks serves the larger objective not resulted in any good water go into the drains is not which are falling within a radius of water conservation. tangible enforcement only a waste of a valuable resource but of 5 KM of the DJB STPs had action to seal borewells also from the point of view of been identified and the where water treated at addressing ground water depletion information furnished by DJB an STP is available. NGT which is taking place at an alarming to all agencies with location of may consider directing rate. nearest STPs so that they can the Chief Secretary Delhi The overall report from the immediately start lifting to see that the output Agencies shows considerable progress treated effluent through and performance of and the NGT's orders have been given tankers. individual DMs in so far effect to though it will take time for as enforcement is 100 % coverage by the urban local DJB had prepared project concerned is got bodies and DDA. reports for laying monitored by their direct infrastructure for supply of superior authority- the treated effluent upto Divisional Commissioner designated locations of the end so that incremental 72 user park-owning agencies for progress on sealing bore usage in parks. The cost wells is planned in estimates were submitted to conjunction with the the park-owning agencies for lifting of treated waste taking necessary action to water. This should be install the conveyance system, reviewed by the Chief however, no action has yet Secretary every quarter been taken. and DJB made DDA: a) Independent responsible for
a) 78 Parks(1882 acres) using 6 MLD of a) The figure of utilization of 89 assessment may be accelerating the use of Treated water MGD of treated efflu1ent necessary treated waste water This within Delhi is peak has to be related to the consumption, there is always mapping exercise so that some seasonal variations the work of sealing is depending upon the weather planned to synchronise conditions. There is seasonal with the availability of variation in the demand of treated waste water. DJB treated effluent, with reduced must also push for more off take in winter months. In decentralized STPs to be the month of October, the set up in all large parks.
average supply of treated This has been done
effluent to CPWD was around successfully by SDMC and
13-14 MGD against their peak DDA and there is a need
demand of 20-22 MGD in the for all large parks to
summer season. construct and operate in
b) YMC has brought the -situ STPs which too has
b) 41 Parks(406 acres) to be covered by b) DJB extends the fullest lax response to the notice to be monitored with November 2021 support, cooperation and of the Additional CS Urban reference to targets facilitation to the DCs/ DMs for Development and she has given to the park owning the sealing action/drives. been asked to see that the agencies.
73However, the statutory sealing indifference shown by the 2. DJB should give wide action has to carried out by the DMs is taken up publicity to the policy of empowered authority i.e. DMs, effectively. She has free supply of treated undertaken to see that waste water so as to who are as much bound by the the DMs are given a promote its use for directions and orders of the cooling, dust pollution Hon'ble NGT, as is DJB and direction through the Div.
control and construction Commissioner. DJB must other agencies. DJB has also activities as well as share data on the stated that all other washing of buses, railway quantum of treated water carriages etc, authorities/user agonies lifted/ drawn by different should be equally accountable agencies by district and 3. The NGT may consider for implementing the orders of request for directing the Ministry of Hon'ble NGT and DJB may not commensurate sealing of Jal Shakti and the States be singled out for bore wells based on an of Haryana, UP and Delhi unsatisfactory progress in analysis of the data. to meet and expedite the utilization of treated water. decisions on exchange of treated water in lieu of
c) YMC feels the efforts
c) 83 parks(including 4 Biodiversity c) As far as DMRC is concerned, fresh water so as have a made to secure the parks) with 2682 acres of area to be they have communicated vide clarity on the willingness their letter dated 24.11.2020 attention and compliance taken up in next 2 years of states to that they are using their own from the Central operationalise the plan treated effluent for Government agencies and which may be the first of other large institutional
d) 99 Decentralized STP for 101 horticulture purposes from its kind and deserves water users has been parks(2264 acres) during the current their own captive STPs and every encouragement.
ineffective considering year and 70 during the next year ETPs and don't require any NGT's specific directions.
proposed to be set up, 25 by December Treated Effluent from DJB. 4. UYRB be directed to The CS having written to 2020. coordinate this and Further, Railway authorities some Central submit a progress report were invited in the Government authorities to the Tribunal. This be stakeholders meeting at DJB, in January 2019 needs to 74 but they never attended any consider taking it up at accorded priority in view meeting, nor have shown any the level of the Cabinet of the fact that use of desire for the use of treated Secretary if the treated waste water, effluent from DJB. As pointed organizations do not pay which presently is out by YMC, the efforts to heed. unutilized for agriculture secure compliance from will reduce waste and Central Govt agencies and d) Merely drawing make fresh water other large institutional water attention to the existence available for drinking users need more impetus. The of a policy does not cut purposes. observations of the YMC that much ice when the the CS having written to some implementation has been 5. NGT may consider Central Govt authorities in routine. Much more directing the bulk users January 2019 needs to consider proactive interest is of water like the taking it up at level of Cabinet required if the NGT's Railways, DMRC, CPWD, Secretary is most welcome in directions have led to DTC, CPWD and PWD to this regard. speedy and effective prepare a plan for action. switching over to the use of treated water for
e) From time to time, public e) YMC is of the view that washings, construction,
e) Bioremediation in Sanjay Lake, notices are also being while efforts at quality dust control etc. In its last Mehrauli and Vasant Kunj planned published by DJB in improvement are report dated 29.6.20 newspapers for awareness of welcome, but instead of YMC had recommended the bulk users and general "Bulk users like the treating the non-receipt public also for the optimum Railways, DMRC and of complaints as a sign of usage of treated effluent for Transport Department be success DJB should use horticulture and other non- also directed to use the positive outcomes to potable purposes. treated water for inform the general public washings and by holding workshops and construction, which will exposing school children reduce use of ground 75 to the need to use treated water which is reported waste water and how DJB to be used. This will need is encouraging it and to be monitored. A NGT monitoring parameters direction is needed as like odour etc. these bodies have not generally shown any
f) The strategies enthusiasm to attend enunciated are futuristic meetings called on this
f) 99 parks and 215 KM of roadside but their success lies in subject. plantation covered by tanker irrigation f) DJB has prepared a acceptance by the
g) 268 borewells closed perspective plan for use of concerned states and the NGT had accepted and treated effluent, which will UYRB. Also there is no supported this in its order EDMC utilize a total of 605 MGD clarity about the dated 6.7.20 and despite EDMC is irrigating 1338 parks using treated effluent in a phased timelines. That requires to that there has been no water tankers. EDMC is also having its be pursued and the cost- response from Railways manner as follows: effectiveness and the although from the DJB's own ETPs, having capacity of 0.6 MLD located at Swami Dayanand Hospital Area of Propos Quant existence of minimal risks response it is not for and 3.0 MLD at Shahdara Jheel which Utilizatio ed ity in and feasibility pursued. want of trying. Even the are functional. 473 nos. tubewells have n However this being claims of DMRC need to Utilizati MGD been closed and in 444 nos. parks outside YMC's direct be verified. This needs to on utilizing treated water from these ETPs Present mandate as given by NGT, be taken up by the Chief 90 presently. The total treated water usage the response will be only Secretary with the 3459 KLD was utilized by EDMC for Discharg taken on record and Cabinet Secretary 267 irrigation of parks of Shahdara South & e shared with NGT as given. seeking his intervention in North in last three months. In addition Yamuna as the DJB is not able to to this, the treated water is being used River as enforce its own policies at Waste to Energy Plant Ghazipur and Return and despite NGT's C&D plant at Shastri Park to run these Flow directions has not been plants. At C&D Waste Plant about effective in pursuing the Sub- 357 15000 ltrs. per day and at Waste to total-1 Central Government 76 Energy Plant 100 to 150 KL per day Artificial 46 organizations as well as waste treated water is being used. Water other bulk users of water.
Bodies 6.The overall off take of
SDMC: Coronati 70 treated water as
SDMC has 6822 parks with a total area on Pillar reported by DJB should
of 2202 acres. At present 134 parks STP- be monitored. DJB should
having an area of 69 acres are utilising discharge be directed to compile
treated wastewater and 56 tube wells at Palla data by user and confirm
have been closed. A total of 8.132 Auchandi 20 that DDA ,the DMCs and
Million litres has been utilised during & Jaunti other stakeholders are
the period-01.09.20 to 24.11.20. Regulato lifting the water as
Order for 15 new modular STPs r claimed. The Department
has been placed for being installed at Exchange 140 of Urban Development
the Parks. With the installation of in lieu of has not been monitoring
these STPs, 28 more bore wells will be raw this which is needed in
closed. water the given circumstances.
with UP
North DMC : Sub- 276
North DMC is proposing to irrigate 640 Total-2
parks covering a total of 362 acres of Grand 633
park area. At present STP water is Total:
being utilised in 401 parks and in all 99 (present tube wells have been closed & planned) NDMC:
All major parks of NDMC are having decentralised STPs and the water being used for horticultural purposes.
All the Borewells have been sealed.77
Delhi Cantt. Board:
Treated water from STPs of MES and CETP of DSIIDC is being used for horticulture purpose through tankers to the tune of 560 KL per day to be augmented to 1000 KLD. The work of preparing hydraulic design, structural design and tender documents for construction of pumping station and reservoir etc is in progress.
DJB:
a) Quantity of Water supplied by DJB:
Though DJB has been maintaining that 89 -90 MGD of treated waste water is being utilized by various user agencies, the actual quantity supplied from its various STPs is only 82 MGD. This is considerably less than the earlier figure of 89-90 MGD furnished by the DJB. This needs to be independently verified. DJB also needs to explain the reasons for decline in the usage of treated waste water Board has now decided to supply treated water free of cost as against the earlier policy of charging Rs. 7 per KL, increased off take of water needs to be monitored 78
b) Sealing of Borewells and Enforcement Action:
Sealing bore wells is a duly notified function entrusted to the DMs and the directions of NGT required more than routine follow up. Despite repeated correspondence by DJB there has been little progress.
c) Treated Waste Water to other bulk Users like DMRC, Railways etc:
According to DJB, DMRC & Railways are not lifting treated effluent from DJB. However DTC is taking treated effluent through tankers as well as through pipelines also.
DJB has not indicated the efforts mounted to take up the matter up at higher levels in the Central Government organisations and bringing it to the notice of the Chief Secretary seeking his intervention.DJB as a bulk supplier has to see that all big users are persuaded and then given ultimatums through the Heads of such organisations.79
d) Installing Decentralised STPs near on Parks for Waste water Treatment:Delhi Jal Board informed YMC of its policy on Decentralized STPs for utilization of treated waste water for horticulture purposes to reduce the ground water extraction. This refers to the year 2018. The policy has supposedly been in operation for a long time but the implementation shows too many gaps for it to be viewed as having made a difference to the use of treated waste water.
e) Improving Quality of Treated water
- removal of odour et.DJB has reported that it has plants with different outlet parameters like BOD=30 TSS-50, BOD=20, TSS=30,BOD=10, TSS=15, BOD=10, TSS-10 etc. Only some of the plants are having Fecal Coliform treatment through chlorination / UV. Normally complaints are not received about odour from the RWA or park owning agencies. In case any complaint is received the same is addressed and it is ensured that the STP meets its design parameters on regular basis.
DJB is also in the process of upgrading 80 its STPs to the latest effluent standards as laid down by DPCC i.e. BOD =10, TSS=10, COD= 50, Fecal Coliform <230 etc including Coliform treatment which will take care of quality parameters and odour issues. DJB is also planning to start chemical dosing with Poly Al Chloride/ ALUM/Ferric Chloride on trial basis to improve outlet parameter and reduce odour at its STPs.
f) Major Proposals:
Proposal Quan Present tity in Status MGD Coronation 70 Matter Pillar STP to pending Palla after with micro filtration UYRB/Govt of Haryana Exchange with 20 --do---
Haryana in lieu of Fresh Water at Auchandi and Jaunti Regulator 81 Exchange with 140 Board has UP in lieu of given in fresh water principle approval Return Flow 267 into Yamuna as per Water sharing agreement TOTAL 497 82 Industry Interface S.No. Issues as per YMC Observations in YMC's report of Comments of stakeholders/ Comments of YMC on the Recommendations of Final report of 7.12.20 parties reply received from the YMC 29.6.20 and stakeholder concerned NGT's order of 6.7.20 11 Industry Interface Recommendations of YMC has been No comments have been ----- -
given in the 5th report dated 7.12.20. received from stakeholders.83
State of Haryana and Pollution of the River Yamuna Statement of YMC's observation, Comments of the State of Haryana and replies to the Comments based on the findings of the Haryana Pollution Control Committee S.No. Issues as per YMC Observations in YMC's report of Comments of the Government Comments of YMC based Recommendations of Final report of 7.12.20 of Haryana. on the Detailed YMC 29.6.20 and observations and NGT's order of Inspections undertaken 6.7.20 by the Haryana Pollution Control Committee set up by HY Govt. as directed by NGT.
12 The YMC had The observation of YMC is based on No comments received from No comments from NGT may consider issuing flagged the the following facts. The State of State of Haryana on this issue. HYMC. direction to Chief following issues Haryana is generating 1164 MLD Secretary to:
to the State of domestic effluent and 245 MLD 1. Ensure that sewage Haryana for industrial effluent from 34 towns. At from approved and compliance of present, 506 MLD partially treated / unapproved Orders of Hon'ble untreated domestic effluent and residential areas is NGT dated industrial effluent is being discharged diverted to the 06.07.2020. to River Yamuna through 11 drains. nearest STP for treatment. MD HSIIDC may be directed to ensure that all the CETPs are complying with the discharge standards.
The ATN may cover 84 new measures instituted after Presently 66 MLD Untreated Industrial 01.02.2021 and i. Untreated and Domestic effluent is being effective initiatives Effluent from discharged from Jagadhri-Yamuna taken by these Urgen Jagadhri-Yamuna Nagar Township to Ditch Drain. officers. t and Nagar Neither the Municipal Corporation The response of the State of (Action: ACS PHED and Critica Yamuna Nagar nor the Public Health Haryana on the observations The information provided ACS ULBD) l Engineering Department is taking of Yamuna Monitoring by the state is not action responsibility to treat the effluent Committee in its 5th report corroborated with the to be submitted to NGT in OA No. ground realities at site. 2. Prepare a taken. 06/2012- Manoj Mishra Vs The response is based on comprehensive action UOI & Ors. Vide letter No. data from known sources plan with measureable YPMC/2020/524 dated without taking into targets prepared for 07.12.2020, are summarized account the huge diverting the domestic below. discharge of domestic sewage to the adjoining With reference to the sewage and industrial STPs and stop the observations of RYMC that 66 effluent from industries in discharge of untreated MLD untreated effluent is non-conforming areas. As sewage into the Storm flowing into drains from twin such the claims give a Water Drain. cities of Jagadhri and Yamuna misleading picture as the 3. Expedite the Nagar, it is submitted that data does not capture the construction of proposed there are presently 4 STPs quantum of pollution 02 Nos. of CETPs for operating with a capacity of 79 emanating from several treatment of Industrial MLD, which are treating the sources. At present, 66 Effluent discharged by effluent which is being MLD untreated effluent utensil manufacturing generated from Jagadhri and (from residential areas units in Jagadhri Town. Yamuna Nagar (i.e. 32.3 MLD and industries / (Action: ACS ULB and (Yamuna Nagar town) + 18.56 commercial ACS PHED and UDD) MLD (Jagadhri town)). establishments operating 85 In fact STPs are designed for in the non-conforming All unlicensed next 15 years. In Yamuna areas) is flowing into the manufacturing units Nagar, present required Jagadhri Yamuna Nagar which are in non- capacity is 32.30 MLD against Drain which leads to the conforming areas and which STPs of 65 MLD capacity Ditch drain which carries operating from have already been provided. the pollution to the River households have to be So treatment of sewage is Yamuna .In addition to moved or closed down. taken care of. the above ULB Yamuna Repeated assurances The present total population Nagar is treating and have not led to any of Yamuna Nagar town is discharging 50 MLD perceptible change and a 2,60,485 persons and sewage domestic effluent from long rope continues to be generation works out to be Yamuna Nagar (32.3 MLD) extended. In such a around 32.30 MLD. The and Jagadhri Town (18.56 situation, no engineering sewage generation on the MLD). The MC Yamuna solutions can make a basis of prospective Nagar (ULBD), PHED and difference to the extent population for next 15 years HSIIDC departments are of pollution. The action works out to be 44.28 MLD. not taking any on the survey and the The capacity of existing STPs at responsibility for recommendations Yamuna Nagar town is 65 MLD diversion and treatment referred in the state's (25 MLD at Radaur Road + 20 of the untreated effluent. latest reply summarized MLD at Radaur road 2 x 10 The cumulative waste in Column 4 need to be MLD at Baddi Majra) against water generation (mixed acted upon urgently as it the present sewage generation effluent) is 116 MLD has been discussed of 32.30 MLD. However, it is against the cumulative several times. The survey also intimated that the installed capacity of 89 and IIT Roorkee report upgradation of the existing 25 MLD. has to be viewed as MLD at Radaur Road has Further, the population fortifying what has been already been completed and figures of Yamuna Nagar known all along - not upgradation of 10 MLD STP at and Jagadhri town do not treated as a new finding. Baddi Majra is in progress and include the floating labour Action on the ground is 86 will be completed by population and needed as several 31.12.2020. Hence, the population of recently months have gone in capacity of installed STPs at included 27 villages in the undertaking surveys and Yamuna Nagar will be more Municipal Corporation's getting expert reports than sufficient to treat the area. The capacity of the well knowing the 44.28 MLD domestic sewage existing STPs will be existence of heavy water generations for prospective insufficient as future pollution. population of Yamuna Nagar requirements grow. The In the event of non- Town for next 15 years. capacity enhancement of compliance action may As far as Jagadhri town is the existing STPs and be taken in accordance concerned, the present total construction of new with directions in para population of the town is CETPs is essential to 15(B) (vi) of Hon'ble 1,49,873 persons and sewage ensure that no untreated NGT's order dated generation works out effluent is discharged in 11.9.19 which states"
accordingly to River Yamuna. "For delay of the work, 18.56 MLD. The sewage The target date for laying the Chief Secretary, Govt. generation on the basis of 39 KM of sewer by of Haryana must identify prospective population for 31.06.2021 is feasible. the officers responsible next 15 years works out to be The operationalisation of and assign specific 23.78 MLD. The capacity of the sewer line may take accountability. Wherever existing STP at Jagadhri town is some more time. there are violations, 24.00 MLD against the present adverse entries in the sewage generation of 18.56 ACRs must be made in MLD, which is more than respect of such identified sufficient to treat the 23.78 officers for delay in MLD domestic sewage setting up of STPs, generations for prospective sewerage network and its population of Jagadhri Town connectivity by the for next 15 years. concerned head of the The State has already prepared department."87
the plan and acting on tapping (Action: ACS Industries of polluted effluent through and Managing Director laying of sewers and also HSIIDC) intercepting effluent into sewers. Out of the total targeted length of 109 Km of sewer lines, 69.9 km has already been laid out and the remaining 39 KM length of sewer shall be laid by 30.06.2021. To address the issues relating to industrial effluent of these towns, Industries Department of Haryana has got a survey done to explore the possibility of shifting the industrial units of these towns to some designated places. And, the Industries Department has taken up the issue with PHED seeking the details of discharge and land for CETP, besides deciding to engage IIT Roorkee to take up a study of sewerage system of Jagadhri and Yamuna Nagar towns to suggest what can be done to treat the mixed discharge. The team from IIT Roorkee has 88 already conducted the field visits for the feasibility studies and sent a report in December 2020, the recommendation of IIT Roorkee is under consideration of the State Government.
ii. Untreated None of the 4 CETPs and 3 STPs is In this regard, it is submitted The averments are not 4. Expedite the capacity Effluent from functioning properly and partially that, in case of 2 STPs in correct. augmentation of CETPs. Sonipat treated/untreated effluent being Municipal Corporation, a) 2 STPs are not working Till that is done HSPCB discharged through Drain No. 6. Sonepat, maintained by ULBD, since long due to should restrict the large the trunk sewer line was settlement of trunk industries operating in settled down due to which the sewer. Now, the work the industrial estate from entire sewage is not reaching of replacement of discharging excess the STPs which are not trunk sewer has been industrial effluent which functioning to their full awarded but target exceeds the quantum for capacity. The work of given by the ULBD which consent was given replacement of trunk sewer seems unachievable. under the Water Act, line is in progress and likely to b) Although the sewage 1974. The present be completed by 30.06.2021. carrying network for responses and pace of The remaining STPs in Sonepat the third STP is there, work continue to be are presently functioning domestic effluent unsatisfactory for which properly, as corroborated by discharged is not appropriate the recent analysis reports of reaching to the STP remonstrance may be HSPCB. (7.5 MLD). considered.
As far as the 4 CETPs (with a c) Untreated domestic (Action: MD HSIIDC) total capacity of 25.2 MLD), sewage generated which belong to HSIIDC are from Sonepat Town is concerned, the Corporation is being discharged into in the process of upgrading the 89 same and they would be in a River Yamuna through position to treat 48 MLD after Drain No. 6.
upgradation. The upgradation d) All 4 CETPs of HSIIDC of Kundli CETP (4 to 10 MLD) are not capable of will be completed by treating the total 31.12.2021 and works of CETPs quantum of industrial in Rai (5 to 10 MLD), Barhi (16 effluent generated. to 26 MLD) and Murthal (0.2 to The excess industrial 2 MLD) are expected to be effluent is being completed by April 2022. discharged illegally directly into adjoining drains through bypass facility.
e) The designs of the
existing CETPs are not
based on the quality of
effluent generated
from the different
industrial process.
iii. Untreated There is no functional STP in Faridabad In this regard, it is submitted The 45 MLD STP at 5. Submit a monitorable Effluent from Town. 210 MLD of untreated domestic that the machinery of STP at Badshapur, Faridabad is monthly progress report Faridabad effluent being discharged to River Badshapur is being replaced under repair since long to HYMC for repair and Yamuna through Budia Nalaha and and shall be functional by and target date is being for construction of 5 new Gounchi Drain. 30.04.2021. There are 5 STPs extended every time. The STPs (3 by ULB and 2 by under construction, with a target dates given for HSVP).The generic capacity of 227.5 MLD and installation of new STPs in standards notified by Niti these will be completed by Faridabad Town are not Aayog which help to fast 31.12.2020(7.5MLDatFaridaba achievable. track the process of dbyHSVP),31.07.2021(10MLDa Thus, the domestic awarding work along tFaridabad by ULBD), sewage generated from with technical 90 30.06.2022 (30 MLD at the town is being specifications should be Faridabad by HSVP), discharged untreated into considered.
02.11.2022 (100 MLD at the river Yamuna through If untreated sewage is
Partapgarh by ULBD) and Budia Nalaha and Gounchi allowed to continue it
02.11.2022 (80 MLD at drain can have disastrous
Mirzapur by ULBD) consequences on the
respectively. The Municipal populations residing in
Corporation of Faridabad is the area. The subject is
planning to start being truncated between
Phyto remediation from April agencies and the
2021, till the commission of all assurances carry little
these STPs. conviction. The three
officers may be directed
to meet every month,
prepare a joint action
plan after being shown
the problems on the
ground by the Haryana
Pollution Control Board's
Member secretary. The
progressive action
decided to be taken in
terms of planning and
execution should be
minuted by the Member
Secretary, HSPCB who
should add his remarks
on whether it is
sufficient. HYMC team
may be called for the
91
meetings and their
advice minuted every
month. This should not
be delegated below
senior most officers as
indicated.
In the event of non-
compliance, action may
be taken in accordance
with directions in para
15(B) (vi) of Hon'ble
NGT's order dated
11.9.19 which states"
For delay of the work, the
Chief Secretary, Govt. of
Haryana must identify
the officers responsible
and assign specific
accountability. Wherever
there are violations,
adverse entries in the
ACRs must be made in
respect of such identified
officers for delay in
setting up of STPs,
sewerage network and its
connectivity by the
concerned head of the
department. i) The Govt.
92
of Haryana will be liable
to pay Environment
Compensation if defaults
take place as under: a).
The operational
deficiencies of the
existing STPs must be
rectified within three
months failing which
Environmental
compensation of Rs. 5
Lacs per month for STP
shall be deposited with
CPCB.
(Action: ACS ULBD, Chief
Administrator HSVP and
Commissioner,
Municipal Corporation
Faridabad)
iv. The timeline for construction, In this regard, it is submitted The state has not initiated 6. Take expeditious Construction/Up upgradation work of 15 Nos. of Sewage that, the upgradation work of any visible action to action for construction/ gradation of STPs Treatment Plant in 07 major towns is 4 STPs is underway and same reduce the timeline for upgradation of 17 Nos. (2 needed to be firmed up to prevent shall be completed by the construction of new STP recently identified) of discharging untreated sewage to River 31.03.2022. It is further STP rather they are STP in 07 Major Towns. Yamuna. Urgent submitted that the progress extending the target date By giving unverified upgradation/replacement is required has been delayed in some of on their own. responses which are not in 02 Nos. of existing STPs at Rohtak the STPs mainly due to COVID based on ground realities (40 MLD) and Bahadurgarh (18 MLD) pandemic related issues and State of Haryana has not and execution capacity of to reduce pollution load in drain No. 6 ban on construction activities taken any action for the agencies, the and KBC-Mungeshpur drain taken up for prevention of air upgradation of existing 2 93 respectively pollution, as directed by EPCA Nos. of STPs (40 MLD STP seriousness is getting last year. The State is at Rohtak and 18 MLD STP diluted. committed to firm the at Bahadurgarh). (Action: ACS ULB, PHED, timelines as advised by RYMC and Chief Admn HSVP). and the progress will be monitored regularly both at Departmental level as well as at Chief Secretary level.
v. Construction of The construction work of 07 New In this regard, it is submitted The state has agreed to 7. Expeditiously start New CETPs CETPs at Faridabad (2 Nos.), that 3 CETPs in Faridabad shall construct 7 Nos. of new construction of New Gurugram (3 Nos.) and Yamuna be constructed by the State CETPs. All these work are CETPs and squeeze the Nagar (2 Nos.) not yet started. These Urban Local Bodies in planning stage. No timeline for the same.
CETPs will be discharging 131.25 MLD Department, the work of visible action noticed (Action: ACS ULBD, CEO
of Industrial Effluent to River which shall start by 30.06.2021 within last 6 months. GMDA and MD HSIIDC)
Yamuna. and will be completed by
31.03.2023. In Gurugram, the
2 CETPs are getting
commissioned through
ULBD/GMDA and the State is
committed to complete the
same within the shortest
possible time.
vi. Inspection of HYMC randomly inspected 24STPs In this regard, it is submitted There are 60 existing STPs 8. Initiate action against Existing STPs by (763.5 MLD Capacity) in Yamuna that the matter has been taken out of which 6 are the officers and HYMC Nagar, Panipat, Sonipat, Rohtak, up with all Departments abandoned, 3 are operators responsible for Bahadurgarh, Gurugram, Faridabad concerned and the deficiencies dysfunctional as no O&M of these STPs as and Palwal to verify the complying have been directed to be sewage is reaching, 2 are they have failed to rectify status indicated by the Line rectified. HSPCB has also in the process of the operational Departments. The operational started monthly monitoring of upgradation and 2 STPs deficiencies and are not deficiencies were still observed in 16 all STPs now along with the need upgradation where 94 Nos. of STPs (452.5 MLD Capacity) regular checking of the status the process has not following the SOPs laid which were found to be not in of these treatment plants started. The HYMC is down. compliance of standards. The through Online Monitoring regularly monitoring the (Action: ACS PHED, ACS compliance given by the line Devices. As per the recent effectiveness of the STPs ULB, CEO GMDA). departments were found to be inspections conducted by along with the Officers of incorrect. The HSPCB officers are not HSPCB, 10 STPs have improved Pollution Control Board performing the regulatory functions the performance of these STPs and Departments as assigned under the Provision of and 6 are still non-compliant. responsible for O&M of Water Act, 1974/EPA1986. GMDA has attended to the STPs. The operational operational deficiencies deficiencies which have indicated and the STP of 68 been communicated MLD at Dhanwapur needs earlier still exist. The SOPs minor modifications which will notified by the be completed by 31.03.21. And Government of Haryana for 2 STPs with a capacity of are not being followed.
100 MLD at Dhanwapur (which The status of compliance
is non- complying), and 120 given by the departments
MLD at Behrampur (are and the HSPCB seems to
complying, as per be incorrect. The
latestreports), a operation and
Administrative approval maintenance of the STPs
amounting to Rs.27.30 Cr and has been left to the
33.11 Cr respectively have operator and junior staff.
been accorded by the Senior officers at the level
Government and the works of Superintending
will be completed by 31.12.22. Engineers are not
Action has been initiated monitoring the
against the remaining failing operational efficiency of
STPs and concern officers. the STPs.
95
Details of action taken
against the
officers/officials/
departments for not
maintaining the STPs are
not indicated.
vii. Inspection of HYMC randomly inspected 12 Nos. of In this regard it is submitted The statements given in 9. Expeditiously start the Existing CETPs by CETPs. Contrary to the claims of that the deficiencies indicated the reply are not capacity augmentation of HYMC compliance made by HSIIDC, ULBD by RYMC have been attended corroborated by facts on 4 Nos. of CETP at Sonepat and GMDA, all these 12 CETPs were to by HSIIDC, and it has site. All these 12 CETPs and take effective steps found non-compliant. The HSIIDC is improved the efficiency of the are still not capable of in removing operational constructing the CETPs without plants by ensuring a proper treating the effluent deficiencies in rest considering the effluent chemical dozing system and generated from the existing CETPs. characteristics of the industries sludge disposal system. industrial estate because: Further, CEO GMDA may operating in the Industrial Estate. Further, HSIIDC has also got the 1. Operational be directed to upgrade This is the only reason for the efficacy of these CETPs checked deficiencies still exist 30 MLD CETP at Manesar. performance of the existing CETPs from IIT Delhi and is and the SOPs notified The Chairman HSPCB remaining unsatisfactory. implementing the suggestions are not being may be directed to pull given by the Institute. Recent followed. up their officer inspections conducted by 2. The CETPs are not responsible for HSPCB indicate the compliance designed as per the monitoring the status of the CETPs. effluent operational efficacy of characteristics of the the CETPs in their industries operating in Jurisdiction. It seems the industrial estate. either the water samples For example, all 4 for the outlet of the CETP CETPs in Sonepat town were not properly do not have the facility collected or the analysis to remove oil and of water sample is not grease which is correct.
96 influencing the (Action: MD HSIIDC, CEO
biological activity. This GMDA)
is a mandatory
requirement. Now
they have installed a
chemical dozing and
oil and grease removal
facility which is
inadequate to manage
these CETPs.
3. The facilities of Sludge
removal need to be
upgraded in the CETPs
at Baddi, Rai, Murthal,
Kundli, Rohtak,
Panipat, Faridabad
and Gurugram.
4. A 3 MLD CETP at
Kutana, Rohtak is
supposed to treat
effluent discharged
from Electroplating
and Powder Coating
Units whereas the
existing CETP was
designed to treat the
biological discharge
only. It cannot remove
97
heavy metals from the
effluent.
5. The old 21 MLD CETP
at Panipat is in the
process of
upgradation. The
industrial effluent is
not reaching the new
21 MLD CETP Panipat.
It is pertinent to mention
here that the senior
officers of the
department are not
monitoring the
operational efficacy of the
CETPs and they are relying
only on the analysis report
arranged by the operator
to get his payment
released from the
department.
viii. Sewer The progress of construction and It is submitted that the Urban The Target date given in 10. to expedite the Conveyance operationalisation of the Sewer Local Bodies Department of the reply do not appear construction and System Conveyance Network (645 KM) is Haryana is laying the sewer achievable. The ULBD is operationalisation of very slow and in the absence of the lines involving a length of only laying the sewer line Sewer Conveyance sewage conveyance systems the around 1,382 Km in 8 but making them Network along with capacity of the existing Sewage Municipalities namely operational requires diversion of sewage to Treatment Plants remains unutilized Faridabad, Panipat, Sonepat, connectivity to the the nearest STP, falling majorly in Panipat and Sonipat Rohtak, Karnal, Yamuna nagar- households which have to which untreated sewage towns. Untreated effluent continues Jagadhri, Bahadurgarh and take connections. No 98 to be discharged into the River Palwal under the AMRUT significant diversion of will find its way to River Yamuna through Drain no. 1 &6 Scheme. Out of this target, effluent has been noticed Yamuna through Drains.
around 928 Km sewer lines at the STPs so far which is The performance of the have already been laid and the the proof of effectiveness. ULBD's officers headed work in the above said towns by the ACS ULBD may be (except Panipat and Palwal judged by the extra towns) is likely to be completed quantum of sewage by 30.06.2021. In the case of reaching the STP and Panipat, due to enhanced getting treated. HYMC scope of work expanding from may be asked to report 115.1 KM to 211.4 KM of sewer on this as it is not line, and the construction of 3 meaningful to keep track Intermediate Pumping Stations of the length of the sewer and 3.7 KM m of sewer line by line that is constructed trenchless technology, the without reference to the work is expected to be delayed. end result which is to get Now, the scope of work has households connected to been further increased from the conveyance system, 211.4 KM to 256 KM due to the success whereof can further regularization. The be gauged by the extra Government is committed to quantum of sewage get the task completed at the deposited in the STP.
earliest. (Action: ACS ULBD)
Furthermore, in 2019, due to
ban of construction activities
by EPCA and Hon'ble Supreme
Court of India from 01.11.2019
to 14.02.2020 in NCR areas, the
works got delayed for 106 days.
Following this period, the work
99
got delayed by another three
months due to Covid-19
pandemic, due to lock down
issues, non-availability of
labour and availability of
necessary equipment. All these
are the reasons for the delayed
work in Panipat town and the
task is now likely to be
completed by 31.03.2022.
Similar reasons are applicable
in case of Palwal also, where
the work is likely to be
completed by 31.07.2021. In
case of Sonepat, where the
work of replacement of settle
trunk sewer line is taken up, it
is submitted that there are
many encroachments along
Drain No.6, from where the
sewer line is to be replaced.
Considering the field
conditions, MC is now laying
this sewer line through
trenchless technology which
has slowed down the work
further besides the above
reasons. The work will be
completed by 30.06.2021.
Further, the Urban Local Bodies
100
Department has made a plan to
tap/ divert 84.14 MLD of
effluent at 155 locations in the
Yamuna catchment area, out of
which 41.42 MLD effluent has
already been diverted at 73
locations. The work to divert
the sewage of unapproved
colonies at 65 locations is
under progress. Further, the 12
points having discharge of
13.50 MLD in Panipat where
the work has not been started
yet, were falling in the
unapproved area, but the State
has now approved the same
and accordingly, a DPR and
DNIT amounting to Rs. 97.00 Cr
for laying of sewer line and
construction of STPs in these
colonies has been approved by
the Government under the
AMRUT Scheme and tender for
the same has been floated on
07.12.2020 and last date of bid
submission is 06.01.2021.
ULBD has already the work of 2
locations in Ganaur which will
be completed by 30.06.2021
and the work of 3 locations in
101
Sonepat is yet to be started.
The Department is laying the
sewer line through trenchless
technology, and hence the
work is delayed, but will be
completed by 30.06.2021.
ix. Septage The Septage Management Policy is not In this regard, it is submitted Action taken for Septage 11. Ensure that the Management being followed in all major that the Septage Management Management in all 34 Septage Management townships, adding significant amount Policy has been formulated by towns in the catchment Policy notified by the pollutants to River Yamuna through the ULB Department and has area of River Yamuna is State of Haryana be 11 major drains. There is a huge gap been adopted by all ULBs. A far from satisfactory. The followed strictly. This between quantum of untreated total number of 242 tankers Municipal Corporations/ alone will to reduce the effluent and the effluent treated have been registered and Committees except pollution load in 11 major through Septage Management. deployed in the ULBs of Gurugram are not drains until the Yamuna catchment area. properly implementing conveyance systems are Monthly progress of such the Septage Management laid and households take septage lifted is being Policy. They have just connections. monitored at Departmental started diverting the (Action: All Magistrates level and at the level of Chief tankers collecting the and Municipal Secretary in the Review Septage to the adjoining Commissioner) Meetings. During the month of STPs. HYMC has not October 2020, a quantum of verified the claim by the 66 MLD of septage/untreated GMDA about the amount sewage was transported recovered as penalty from through tankers and treated in the tankers owners. The STPs. Further, special drives Quantum of Septage are being directed to be diverted to STP was not conducted at District level verified. Out of 66 MLD against tankers which are Diverted the major discharging the untreated quantum is from 102 effluent illegally in drains / Gurugram only. No river, and during the last six significant action taken by months (since June 2020), 265 other Towns.
such illegal tankers have been challaned by various Municipal Corporations and an amount of Rs.68,20,500/- has been collected as penalty. It has also been directed by Chief Secretary during the recent review meeting that special drives be conducted against such illegal discharge at District level by DCs.
x. Functioning of The online monitoring devices are not In this regard, it is submitted Regular calibration, 12. Nominate a senior OLMS calibrated regularly, thus they do not that HSPCB has made it proper monitoring of officer not below the reflect the actual status of treatment mandatory for all the medium OLMs will reflect the rank of Superintending and Haryana State Pollution Control and large scale water polluting efficacy of the ETPs, STPs Engineer to supervise the Board does not have any mechanism industries in the Yamuna River and CETPs. The regulatory operational efficiency of to verify the authenticity of data catchment area to install the agencies with adequate OLMs installed on STPs generated from these OLMs. Further, online monitoring devices, monitoring network can and CETPs and make the HSPCB has no mechanism to take failing which the Consent to properly enforce information easily cognizance of any reported violations. Operate shall not be granted. compliance of Water Act, accessible to the public This has also been 1974. The Haryana State by giving incremental implemented successfully now Pollution Control Board reports of what the OLMs and these devices have been should develop a protocol data shows and to also connected to the servers of to monitor the data share the quality of water both CPCB and HSPCB. To generated from these being discharged into the monitor these devices, HSPCB devices and put it on drains for public has set up a Monitoring Cell in public domain on an easily knowledge. It may be 103 its Head Quarters and the units accessible and intelligible considered whether the are monitored for exceeding of website and by informing relevant faculty and different pollutant levels, the public through students of the Punjab delays of transmission, off line newspapers that this has University or IIT Roorkee modes and non- connections. been done and public can or the local engineering The details are being shared view the information and colleges can be asked to with Regional Officers of the alert the HYPCB of collaborate in informing Board for physical checking of transgressions. the public. Internships the devices, selectively based for students will also give on the severity of the reports. a much needed focus to Regional Officers have also the abatement of been directed to check the pollution in the drains functioning / calibration of which impact the river.
these devices during their This cell should provide
inspections and report. proper over sight of the
Further, Chief Secretary has performance of the
also directed the line operators who have to
departments to establish such maintain the OLMs.
monitoring cells at their head (Action: ACS PHED, ACS
quarters, after taking ULB, CEO GMDA, MD
necessary access from the HSIIDC and Chief
Board, to ensure their self Administrator HSVP)
regulation.
xi. Discharge from The Discharge from Drain No. 6 and In this regard it is submitted The progress in the work 13. Ensure completion of drain No. 6 and channel from Kundli CETP are mixing in that, the closed conduit for laying Close Conduit work by engaging double CETP Kundli the Diversion Drain No. 8 at Sonipat is pipeline has been approved by Pipe Line is satisfactory shift labour and in any Effluent Channel responsible for adversely affecting the State and the treated but it requires fast track case complete it by the Drinking Water Treatment Plant effluent shall be carried work to be done by 31.5.2021as promised. at Wazirpur due to Higher BOD and through closed conduit. HSIIDC doubling the capacity if The Chief Secretary 104 Ammonical Nitrogen concentration. has already transferred Rs. feasible as everyday that Haryana may ensure that This continuing negligence must be 6.59 Cr to Irrigation the clean water gets the work is awarded stopped and fast track approvals are Department for construction of mixed with polluted water within the next 15 days as needed for work on the conduit closed conduit pipeline for poses insurmountable for an emergency carriage to be stared and completed discharge of treated effluent the water works in Delhi requirement. without any further delay. from CETP Kundli to avoid which supply drinking (Action: ACS Irrigation) mixing of water of DD No. 8 in water to the capital. The Sonepat. A meeting has already fact that the matter is still been convened at the level of held over for deciding the Chief Secretary with interdepartmental share Departments of Irrigation, of less than Rs 7 crores is ULBD, Industries and Finance not acceptable as this to finalize the individual misplaced parsimony is contribution of every taking a heavy toll on the Department for the project and water treatment tenders have been decided to capability of DJB which be called by Irrigation has multiplier effects on Department. The work is the citizens of the Capital. expected to be completed by 31.05.2021.
xii. Discharge from 75 to100 MLD of untreated effluent is In this regard it is submitted The GMDA was required 14. Complete the work Storm Water still flowing in storm water drains that under GMDA informs that to divert untreated of diversion of effluent Drains Leg -I, Leg - named Leg-I, Leg-II, Leg-III while the domestic sewage is sewage from Storm Water from Storm Water II and Leg-III (Badshapur drain) due to slow generated to the tune of 430 Drain, Leg-I, Leg-II and Drains Leg-I, Leg-II and (Badshapur Drain) progress in the diversion of effluents MLD, there is a capacity of 428 Leg-III Badshapur Drain on Leg-III on priority as it to the STPs. The timeline for MLD (388 MLD with or before 31.12.2020. has taken much longer completion of diversion is being Government Treatment Plants Now they have extended than necessary. extended repeatedly. and 40 MLD with colonizers), the time line upto a) To undertake area with a capacity utilization of 31.12.2022 and linked it an assessment of around 310 to 330 MLD, with the completion of waste water 105 leaving currently around 49 construction of new STPs generation and MLD of untreated effluent in of 161.5 MLD Capacity. disposal after Yamuna. This quantum may Work for construction of 9 treatment so that vary due to seasonal as well as small STPs with 38 MLD there is a daily variation and increase Capacities is in progress benchmark for from 50 to 80 MLD. With the instead of reported 161.5 incremental proposed STPs of 161.50 MLD, MLD. Status of reduction of the though all the Departments construction work of 2 polluted discharge. concerned committed large STPs (25 MLD at The information on themselves to plug the Manesar and 100 MLD at Gap Assessment is discharge of untreated sewage Dhanwapur) is not needed to be able to storm water by 31.12.2020, included in the Action judge progress as due to Covid-19 issues, the Plan. The linkage of the objective is to construction of STPs are diversion of effluent from free the drains of getting delayed and will be Strom Water Drain, Leg-I, pollution which can completed by 2021 and 2022. Leg-II and Leg-III with only be measured construction of new STPs by flow and seems to be unjustified. presence of pollutants.
(Action: CEO GMDA) Critica I. Environmental Maintaining Environmental flow of 10 It is submitted that the State is The State Government is -This is a matter which l Flow Cumecs (352 cusecs) in River Yamuna already releasing 10 Cumecs of in complete disagreement has either to be action and compliance of the Provisions of Yamuna water from with the recommendation addressed at a policy for to be report submitted by National Institute Hathnikund Barrage on daily of NIH. The matter has a under the Ministry of taken. of Hydrology (NIH). basis which was to be released been taken up with the JS or by the Apex Court after construction of upstream Ministry of Jal Shakti, which has taken storages dams as per MOU of Government of India cognisance of the matter year 1994. Further this 1994 recently.
MoU can be revisited after 2025 if any of the partner 106 States so desire. However, the recommendation of NIH are nearly 300% of the existing e-
flowof 10 cumecs and the State is completely in disagreement with the recommendations of NIH to increase the quantum of e-flow as the implementation of the above proposal shall cause environmental disaster in Haryana. The matter has already been taken up by the State with the Ministry of Jal Shakti, Govt. of India.
II. Constructi Construction work of 14 Nos. of new It is submitted that 8 STPs of 1. The departments have 15. Take up Phyto on of New small STPs is very slow and may not be 33.5 MLD shall be completed been postponing the remediation/bio-- small STPs completed by 31.12.2020. by 31.12.2020, 2 STPs of 13 timelines for remediation projects to MLD shall be completed by completion of prevent the discharge of 31.03.2021, and 12 STPs of construction of these untreated sewage in the 117.5 MLD shall be completed STPs many times. drains as an interim by 31.12.2021. Further 4 more 2. The revised target measure. These officers STPs of 225 MLD shall be dates given by the may be asked to show completed by 30.06.2022. State are not definite progress and if achievable. this is still not achieved in
3. Status of construction the next four months work of 2 STPs (25 NGT may consider having MLD at Manesar and an adverse remark 100 MLD at entered by the Chief Dhanwapur) have not Secretary in the Annual Report of the officers at 107 been included in the the instance of NGT as Action Plan. this is not a new responsibility and is not being grappled with any seriousness. (Action: ACS PHED, ULB, CEO GMDA and Chief Administrator HSVP) III. Diversion of Diversion of sewage from non- It is submitted that the sewers The target date for 16. Expedite the work of sewage from conforming areas (unapproved areas) are being laid and diversion of sewage from diversion of sewage from Unapproved cannot be completed until the simultaneously the sewage non-conforming areas / non-conforming areas to areas construction of the Sewerage fromunapprovedareasisalsobe Unapproved areas given the STPs.
Conveyance System for the inginterceptedtocarryittoexisti by the State of Haryana (Action: ACS, ULBD)
conforming areas is complete and ngSTPs.As informed earlier, needs to be squeezed so
operationalised. due to Covid-19 epidemic the that domestic effluent can
work was stopped from the be intercepted and
end of March 2020 to May diverted to the nearest
2020 and the works were also STP. Till then the Septage
delayed due to the non- Management Policy of the
availability of labour. The State be strictly
detail of status of laying of implemented.
sewer lines in approved areas
and interception of sewage
from unapproved areas.
IV. Water Quality Water Quality and flow of 11 major It is submitted that the water The Water Quality Data of 17. Strict monitoring of in 11 Major drains discharging directly into River quality and flow of all major 11 11 major drains are not Water Quality in 11 major Drains- Yamuna are being monitored the drains are being monitored by matching with the data drains which will reflect Haryana State Pollution Control Board HSPCB and Irrigation provided by the CPCB. the status of domestic (HSPCB). Monthly Water Quality Data Department. The BOD level as per and industrial effluent are not indicating the presence of CPCB data is much higher, 108 untreated effluent (506 MLD). indicating that untreated treatment in the Regional Officers of the HSPCB are not domestic and industrial catchment area. effectively monitoring the Water effluent is being (Action: Chairman, Quality of these drains discharged through these HSPCB) drains.
Name BOD BOD(m
of the (mg g/l)by
Drain /l)by State
CPC of
B Haryan
a
Dhanu 630 180
ra
Escape
Drain 90 19
No.2
Drain 215 74
no. 6
Leg 1 48 50
Leg 2 58 38
Badsha 62 48
hpur
Drain
V. Sewerage 277 Nos. of Villages in the catchment It is submitted that, as per the 277 villages are in the 18. Ensure that domestic Treatment in area of River Yamuna are generating latest status, out of the total catchment area of river effluent generated from Villages 90 MLD Domestic Sewage. The work 277 villages, the works have Yamuna generating 90 the effluent from the of diversion and treatment in 24 been sanctioned in 268 villages MLD domestic sewage, so remaining villages should villages out of 277 villages has been and got completed in 24 timelines are required to be trapped and treated completed. The work is held up due to villages. There is no discharge be squeezed. or Septage management non-availability of funds. at 9 villages. It is also policy implemented in 109 submitted that the work shall such villages to ensure be completed by 31.03.2022 in zero discharge into drains these villages. leading to Yamuna., Government of Haryana need to either get decentralised STPs constructed or to set up Phyto-bioremediation projects as it has been going on indefinitely and according to present indications will have time overruns unless each case is decided on a location specific basis.
(Action: ACS,
Development & the
Panchayats Department)
Impor a) Status of Stand The quarterly progress report for It is submitted that the The third quarterly report 19.Review the inspection
tant Alone ETPs monitoring the stand alone ETPs decision on the same was is yet to be received policy for industrial
action installed in 800 industries operating in taken in the meeting of pollution and to ensure
to be the catchment area of River Yamuna January 2020 and following that all large and medium
taken. have not been received regularly from the lock down, since many highly polluting
HSPCB department which indicates industries were closed down industries are inspected
lack of proper monitoring and and no inspection could be frequently and EC levied
reporting. done, the data could not be where called for.
sent for the first two quarters. (Action: ACS Envt and
However, the data for 3rd Climate Control0 and
quarter was submitted along Chairman HSPCB)
with status report and report
110
for the 4th quarter shall be
submitted within the due date.
b) Effluent The Haryana State Pollution Control It is submitted that the The HYMC is yet to receive 20. Review the inspection Treatment in Board informed that there are 214 Regional Officers of HSPCB any status report policy for Private Private Private residential Colonies and have been given directions to regarding monitoring of Residential Colonies Residential Condominiums in the catchment of check the compliance STPs in the Private Condominiums. Colonies / River Yamuna generating 82.1 MLD of conditions of all colonies Residential Colonies and Assurances given are Condominiums sewage. The cumulative installed through special drives and the Condominiums achieving quite hollow compared capacities of these 214 STPs are 241 status and details of actions ZLD. with what the HYMC has MLD. These Residential colony initiated shall be shared with reported from ground condominiums are required to RYMC. conditions.
achieve ZLD. Out of these 314 STPs, (Action: ACS
only 13 STPs are found non-compliant Environment and Climate
which seems to be unrealistic. The Control and Chairman
HSPCB is not enforcing the ZLD HSPCB)
stipulation and the effluent from
these condominiums is being
discharged either into the adjoining
sewer or drains.
c) Crop HYMC emphasized that the State of It is submitted that the State The steps taken by State 21. Formulate a policy Diversification Haryana should formulate a policy on has already formulated the of Haryana for crop and implement the same crop diversification and use of treated crop diversification policy and diversification in other for reutilization of waste water for agriculture purposes. farmers are being persuaded to areas should also be treated waste water for This will be useful for conservation of switch to crops other that implemented in the agriculture purposes ground water in the State. Except paddy. During 2020-21, an area catchment area of River throughout the states Gurugram, no significant process has of 38,612 Ha has been diverted Yamuna. but particularly in the been achieved for reutilization of in the State. Further, with Further, the Policy for catchment area of River treated domestic sewage. The regard to the observation of reutilization of treated Yamuna. incremental progress in this regard RYMC on reutilization of water for agricultural Action: ACS Irrigation need to be monitored as it has impact treated effluent / sewage purpose may be /Agriculture) 111 on flow of water in Yamuna and water, it is informed that the formulated for other dependence on river water for State has already notified the towns in the catchment irrigation. Reuse of Treated Waste Water area of River Yamuna.
Policy on 30.10.2020 and is in the process of preparing projects for re utilization of waste water and CADA has already prepared 3 projects for using the treated water from 3 STPs of Ladwa, Shahbad and Pehowa. Irrigation Department has prepared a project for re-
use of treated water from a 30 MLD STP at Jattal Road of Panipat.
d) Bio- There is no significant work for It is submitted that ULB The work of Phyto 22. for taking up the work remediation or Bioremediation/ Phyto remediation of Department has started remediation in drains is of Bioremediation / Phyto- pollutants in 11 major Drains. bio/phyto remediation works yet to be started. The Phyto remediation in all remediation in in the drains in Municipal efficacy of the phyto 11 Major drains through Drains Corporation, Yamuna Nagar - remediation in the drains which effluent is being Jagadhri, as a pilot project, shall be monitored after discharged in River which will be replicated at the completion of the Yamuna.
other places. Municipal Project. (Action: ACS PHED and Corporation of Sonepat has ACS ULBD) also invited tenders for the bio/phyto remediation of drains. Similarly, Municipal Corporations of Gurugram and Faridabad are in the process of preparing the proposals for 112 bio/phyto remediation.
Municipal Corporation of Panipat has already floated the tenders for the process in their jurisdiction. GMDA has also initiated a pilot project as an interim treatment for untreated discharge of Leg I via geo-synthetic dewatering tubes in consultation with CPCB. PHED has undertaken the in-situ phyto/bio remediation in its new STPs at Indri and Beri. Chief Secretary, during the review meeting held, has also directed that all concerned Departments shall expedite the work on Bio/Phyto-Remediation.
e) The Government of Haryana has not It is informed that the State Orders of Hon'ble NGT 23. Assign accountability Environmental submitted any details of the Pollution Control Board has dated 11.09.2019 for on HSPCB as the poor Compensation Environmental Compensation been imposing environmental imposing environmental recovery of less than Rs 5 imposed and fixing accountability of compensation on all the compensation and fixing crores against a levy of Rs violating units in the State and accountability of the 300 crores shows that the the officers of the line departments till November 2020, an amount officers is yet to be orders are only on paper for not complying with the of Rs. 300 Cr. has been imposed implemented. and the most charitable directions/Order of Hon'ble NGT by the Board and an amount of explanation is that this is dated 11.09.2019. Rs. 4.67 Cr. has been collected. not a priority. It however In this regard, it is also reflects very poorly on informed that the Board is also the priority accorded by 113 in the process of imposing EC the Government and the for untreated effluent in drains lack of perseverance on / STPs and Chief Secretary has the part of the officers.
taken up the matter with (Action: Chairman
individual administrative HSPCB and the ACS
Secretaries for taking action Environment)
against the erring officers
General:
The status available in the foregoing statement indicates that at numerous places responses and comments have been given with out due verification. The remarks in Column 5 based on the findings of the HYMC present a picture of unsubstantiated claims in resp ect of several areas like upgrading or constructing new STPs, completing conveyance systems, making household connections functional, trapping sewage from unorganised habitation s and shifting households or their polluting industries. The CPCB-NEERI Report of 2018 had made suggestions which have still to be acted upon. The delay in the construction of a conduit from Drain No. 6 to Abandon Drain No. 6 has been taken up with every new Chief Secretary after October 2018 but the work has not even started leading to huge pollution in Diversion Drain No 8 which had been pointed out by CPCB-NEERI. It would appear that even when an independent statutory body and a top scientific and technological National Institute have jointly given a report on the causes of pollution and nailed the hot spots the action taken has been lack- lustre. In each area wherever serious shortcomings have been observed, details have been given in column 5. The YMC has made efforts not only to pursue matters through the HYMC but has seen that the deficiencies and continuing problems were reported to the previous two Chief Secretaries of the state but despite assurances the progress is nowhere near expectations. In NGT's order dated 11.09.2019 pertaining to the State of Haryana at Para 15(B)(vi)(vi) NGT had given directions on Compensation and accountability and stated that the Directions given to NCT Delhi will apply to the State of Haryana also. Bioremediation and/or phyto remediation or any other remediation measures was to start as an interim measure positively from 01.01.2020, failing which the Govt. of Haryana may be liable to pay compensation of Rs. 5 Lakhs per month per drain to be deposited with the CPCB.
114It was noted that "This however, is not to be taken as an excuse to delay the installation of STPs, sewerage network and its connectivity." The Tribunal further noted:
"For delay of the work, the Chief Secretary, Govt. of Haryana must identify the officers responsible and assign specific acco untability. Wherever there are violations, adverse entries in the ACRs must be made in respect of such identified officers for delay in setting up of STPs, sewerage netw ork and its connectivity by the concerned head of the department."
NGT may consider issuing directions to the Chief Secretary Haryana to show action taken in the face of the unsatisfactory progress which is evident from the reports and inspections undertaken.
Following are the glaring inaction on the part of the executing agencies. A. Yamuna Nagar and Jagadhri Township- ULBD and HSIIDC have failed to take appropriate action in diverting and treating industrial effluent from Yamuna Nagar and Jagadhri Township. 66 MLD Untreated industrial and domestic effluent is still being discharged to the River Yamuna through Ditch Drain. The land for construction of 02 New CETPs are yet to be identified and timeline not given for the same. HYMC has flagged this issue since December, 2018.Further, The Haryana State Pollution Control Board failed to take action against the Industries operating in the non conforming areas and discharging untreated industrial effluent. B. Panipat Town-The capacity of the existing STPs and CETPs are underutilized and untreated mixed effluent is reaching to River Yamuna throug h Drain No. 1 and 2. The target dates for diversion of Domestic and Industrial effluent are being extended regularly. HSVP and ULBD are responsible for this inaction.
C. Sonepat Town-The ULBD is regularly extending the target date for repairing of the trunk sewer line; thereby untreated domestic effluent is being discharged to River Yamuna through Drain No. 6. The ULBD is responsible for such inaction.
The target date for capacity augmentation in existing 4 non complying CETPs should be extended further. Appropriate action ma y be taken against the responsible officers of HSIIDC, in case the target date is extended beyond April, 2022.
115D. Faridabad: The target date for construction of 5 New STPs and 2 CETPs should not be extended beyond October, 2022. Appropriate action may be taken against the responsible officers of Municipal Corporation Faridabad and HSVP in case of extension of target date. E. Gurugram: The GMDA is regularly extending the target date for diversion of sewer from the Storm Water Drains to the nearest STPs. Untreated /Partially effluent is still flowing in Storm Water Drain, Leg-I, Leg-II and Leg-III (Badshapur Drain).Appropriate action may be taken against the responsible officers of Gurugram Metropolitan Development Authority (GMDA) in case of extension of target date beyond 31.12.2021. F. Standard Operating Procedure (SOP)for operation of STPs and CETPs: The SOPs notified by the Government of Haryana are not being followed by PHED, ULBD, GMDA, HSVP and HSIIDC. The efficacy of the STPs and CETPs is affected for not following the SOP. Appropriate action may be taken against the responsible officers for not following the SOPs.
116State of Uttar Pradesh and Pollution of the River Yamuna S.No. Issues as per YMC Observations in YMC's report of Comments of stakeholders/ Comments of YMC on the Recommendations of Final report of 7.12.20 parties reply received from the YMC 29.6.20 and stakeholder concerned NGT's order of 6.7.20 13 State of Uttar The main sources of pollution in the 1. It is one year since YMC recommends that Pradesh and Delhi stretch of river Yamuna from UP YMC has not received any assurances were given to Hon'ble NGT may Pollution of the are the towns of Ghaziabad, Sahibabad response/comments on its prevent any sewage going consider issuing the Yamuna and Loni and Noida. The cities of report of 7.12.20 from the into Sahibabad drain. This following directions:
Sahibabad and Loni generate 575 MLD State of Uttar Pradesh is not acceptable as there of sewage and there are 7 STPs of a is no clarity about the 1. Since Shahibabad and total capacity of 427 MLD to treat the timelines by which time Indirapuri drains, which sewage. This leaves 148 MLD of all the STPs will become have a very high untreated sewage which gets released fully functional and also BOD/COD of 195/580 and into Sahibabad drain where it gets meet environmental 237/930 mg/L mixed with industrial effluent. Though standards. The UP respectively and earlier reports based on a WAPCOS PCB/CPCB should be contribute substantial study had estimated that out of 166 asked to undertake an volume of both industrial MLD, 74 MLD was being treated at inspection of all the STPs and domestic sewage Indirapuram STP and the balance 92 and submit report to into Yamuna, the State of MLD was being released into the NGT/YMC within one UP should complete the Shahibabad drain. For Indirapuri drain month. Most of the STPs trapping of entire sewage it was reported that it had a flow of 78 are non-functional, they and industrial effluent in MLD out of which 30 MLD was being are more than 20 years these drains within next 3 treated and the balance was released old and are at present not months, failing which the in the Indirapuri drain. Both the drains complying with the directions contained merge with Shahdara drain which standard norms because inpara:15(A)(iv) of NGT's meets river Yamuna at Okhla. of damaged civil structure 117 YMC held meeting with Chief Secretary as well as faults in the order dated 11.9.19 and the various departments electrical and mechanical should be invoked:
responsible to reduce pollution in river equipment. The "One City "For delay of the work, Yamuna; on 28.9.20 on the issues One operator" system is the Chief Secretary, State covered in the report of YMC dated expected to remove of Uttar Pradesh must 29.6.2020 and the order dated deficiencies by February identify the officers 6.7.2020 of NGT. 2021. A report on this will responsible and assign As a follow up of the meeting with the be required from the specific accountability.
Chief Secretary, U.P. Govt. submitted State. Wherever there are the status report on various points violations, adverse related to reduction of pollution in 2. In-situ Phyto entries in the ACRs must River Yamuna. Independently YMC /Bioremediation based be made in respect of commissioned Mr. R.S. Tyagi, Former treatment method as a such identified officers for Member (Dr), Delhi Jal Board assisting short term measure for delay in setting up of YMC as Technical Expert to undertake cleaning of wastewater STPs, sewerage network a field visit, hold discussion with the UP in Banthala Canal and and its connectivity by officers and give a report to the YMC. Indirapuri Drain has been the concerned head of Separately a report from CPCB was initiated on a pilot scale. the department. also called about the status of sewage YMC needs to be given i). The State of Uttar in the drains as well as on the present status of the Pradesh will be liable to functioning of STPs and CETPs. work. pay Environment
1. Sewage in Shahibabad and Compensation if defaults Indirapuri drains:There has been a 3. Shri Ram Institute of take place as under:
dispute over the quantum of flow in Industrial Research, New a). The operational Shahibabad drain. In WAPCOS study Delhi has been requested deficiencies of the the flow assessed was 166 MLD, out of by U.P. Jal Nigam, existing STPs must be which 74 MLD was to be treated but Ghaziabad to measure rectified within three not actually being treated due to the-flow in Sahibabad months failing which limitation of capacity of the outfall Drain. This needs to be Environmental drain at Shahibabad and the balance completed in a fortnight compensation of Rs. 5 118 92 being released into the drain. The and a report made Lacs per month for STP Govt of UP however maintained that available to CPCB, UP PCB shall be deposited with the drain has flow only of 90 MLD of and the YMC to enable the CPCB......."
which 74 MLD is being treated at YMC to furnish its Indirapuram STP. The YMC has response to NGT on 2. CPCB and UPPCB received a report from the CPCB and further action to be taken should jointly assess the have submitted the following flow data on the capacity of the STP STPs at Ghaziabad, on Shahibabad and Indirapuri drains that will be required to be Dundahera, Shahibabad, for the month of November 2020: set up at Shahibabad so Indirapuram and Loni that the drain does not with regard to their Name Discharge BOD COD carry any sewage. functionality, capacity utilisation and of the in MLD mg/L mg/L
4. There is some progress compliance to standards drain in taking the work of and submit a report to renovation of STPs by M/s the Tribunal/YMC within Sahiba 36.5 195 580 VA Tech Wabag. Chennai. one month. The joint bad These STPs are 74 MLD team should also give its STP Indirapuram. The firm comments on the Drain is doing renovation of 70 functional upgradation Indirap 26 237 930 MLD STP Dundahera, 56 being undertaken by the MLD STP Indirapuram and State and whether the uri 30 MLD STP Loni and it will work can be completed Drain be completed by end of as per the schedule given Feb, 2021. Further by the State of UP.
progress on the 3. The joint team YMC had asked for a third party upgradation of STPs and constituted by District independent assessment of the flow in removal of their Administration, these drains in its Report of 29.6.20. functional deficiency Ghaziabad, should Accordingly, UP Govt has asked Shri should be reported by the undertake inspections of Ram Institute of Industrial Research, industries in non- New Delhi Institute by U.P. Jal Nigam, 119 Ghaziabad on 02.11.2020 to undertake UP Jal Nigam and the UP conforming areas on a the flow measurement and settle the PCB. regular basis as the dispute once and for all. Once the industries once closed correct flow is known it will help the 5. As per the status report have a tendency to state government to decide on the certain work of pipeline restart. Strong punitive capacity of the STP that is needed to and IPS in the catchment action under the Water treat sewage in the Shahibabad drain. of Shahibabad drain had Act/ Municipal Acts is Even if the final report is not received been promised to be needed with zero by that time an interim report be completed by November tolerance for industrial submitted to YMC. 2020 and February 2021. discharge from particular Present status of the areas.
2. Action Plan for treatment of Waste works be informed to the 4. The State of UP should water in Shahibabad drain: The UP YMC for submitting in coordination with DDA Govt submitted the following two compliance status to the take effective steps for pronged action plan under NGT. rejuvenation and implementation for treatment of protection of the sewage in Shahibabad drain: 6. UP PCB should also floodplains and submit a
a) 74 MLD discharge of Shahibabad can furnish report on status report on be treated through 74 MLD STP at functioning of CETPs, the demarcation, eviction of Indirapuram. Presently, however, only status of industrial encroachments and a part of the 74 MLD sewage in pollution from Loni and rejuvenation work done Shahibabad drain is pumped and Shahibabad industrial on the UP portion of the treated at this STP as the outfall drain areas. floodplains. for the treated water does not have 5. A decision also should sufficient capacity to carry combined 7. Mechanism needs to be be taken on the cost effluent of l86 MLD from 3 STPs worked out for recovery sharing of the floodplain (56+56+74) at Indirapuram. A DPR for of EC levied on industries/ rejuvenation works and laying of treated sewage pipeline from defaulting units otherwise funds made available to 74 MLD STP Indirapuram to storm the purpose of levying EC DDA for rejuvenation of water drain situated along NH24 in will get defeated. Data on UP portion of the 120 2500 m length, for disposing combined Enforcement action taken floodplains as agreed effluent of all the three STPs has been should be uploaded on between the two states. approved. The work of laying of the website of the UPPCB. pipeline had started on 01-02-2020.
Laying of 2100 m (84%) pipeline 8. Regarding Septage against 2500 m had been completed. management, the work of The pipeline work has been delayed setting up of 32KLD due to Covid19, monsoon and public capacity Faecal Sludge utilities such as Electricity cables, IGL Treatment Plant (FSTP) in gas pipelines, sewer lines and water Loni was to be completed supply lines etc falling in the pipeline by December 2020 and in alignment. The balance work was Ghaziabad, setting up of expected to be completed by Nov, 50 KLD Capacity FSTP will 2020. be completed after six YMC decided to get this inspected to months. The State see the outcome. Government is required
b) Due to insufficient pumping capacity to submit its response and in the Sahibabad Drain catchment status report to the YMC. area, the sewage is being pumped temporarily into Sahibabad Drain. To 9. To assess the status of address the remaining 16 MLD implementation of the discharge (90-74) an additional Action Plan for trapping Intermediate Pumping Station of l7 sewage in Shahibabad MLD capacity is under construction at and Indirapuri drains, Vijay Park in Shalimar Garden (Main) removal of functional under AMRUT. Sewage from Shalimar deficiencies in the STPs at Garden, DLF Colony, Vikram enclave. Indirapuram and setting Jawahar Park and Shaheed Nagar area up FSTPs and to confirm if will reach the l7 MLDIPS The overall the milestones given in progress of lPS is 80%. Alter the YMC report of 7.12.20 121 completion of IPS this 17 MLD sewage have been achieved, YMC shall be treated at 56 M LD STP at deputed a team of Prof lndirapuram. Once completed, Singh of DTU and Mr Rs together with work at (a) above, the Tyagi to inspect and give a Sahibabad drain will not carry any report after site sewage by end of, by December, 2020. inspection. The report has YMC decided to get this inspected in since been received and January 2021 to see the outcome. has been placed on the website of the YMC under
3. Treatment of Sewage in Loni drain: "Report of Experts". As per earlier report out of 78 MLD of As per the report:
sewage in Loni drain, 30 MLD was i. the 2500 metres being treated at Indirapuri STP. This pipeline work for STP during inspection by Shri Tyagi, complete trapping of 74 Technical Expert was found non- MLD from Shahibabad functional. The drain carries 26 MLD of drain will be ready by sewage and industrial effluent with 10.1.21 high COD (903 mg/L) needs immediate ii. Pumping station for intervention. DPR for 60 MLD STP has conveying balance 16 been submitted to NMCG and will take MLD (90-74) MLD of two years after its sanction. The waste water in the drain enhanced capacity will also treat to 56 MLD STP at sewage in Banthala drain. In the Indirapuram under interregnum it is proposed to treat the rehabilitation will be untreated waste water of Banthala ready by 20.1.21. Canal drain and Indirapuri Drain by in- iii. Functional deficiencies situ. Bio-remediation work is to be in 74 MLD STP have been carried out by respective Nagar Nigam removed. / Nagar Palika Parishad. iv. Loni STP of 30 MLD will be upgraded by 31.3.21.122
4. Status of One- city-one operator v. Upgradation of 2 STPs scheme in the cities of Ghaziabad, of 70 MLD at Dundahera Sahibabad and Loni: The Principal and 56 at Indirapuram will Secretary Urban Development had be completed by Feb' 21. assured the YMC on 31.12.2019 that vi. 32 KLD FSTP for the one city one operator scheme had Septage treatment at Loni been handed over to M/s VA TECH will be ready by 30.1.21. WABAG LTD and in 6 months the vii. 50 KLD FSTP at completion, trapping and treating of Ghaziabad for septage will Sahibabad and Loni drains would stop be ready 30.4.21.
sewage related pollution going into the The team made the
Delhi drain. The Company following
representative also was present and recommendations:
confirmed this. It appears now that
there is a conditionality which needs I. The U.P.J.N. must
that the STPs are rectified and made adhere to the timelines
functional before they're handed over for completion of their
to the operator and that work itself will projects mentioned
take 6 months. As per the latest report above.
submitted by U.P. Govt deficiencies in Ghaziabad Nagar Nigam
74 MLD STP Indirapuram have been must take up intensive
removed and renovation works of 70 awareness program, do
MLD STP Dundahera, 56 MLD STP regular challans of the
Indirapuram and 30 MLD STP Loni will defaulters and clean the
be completed by end of Feb, 2021. The drain regularly to
state had been asked to give a progress maintain the flow in the
report. drain to avoid formation
of noxious gases and
stench.
123
5. Status of implementation of UPSIDC must renovate
septage management policy in the some culverts creating
towns of Sahibabad, Loni and hindrance to the flow in
Ghaziabad: Septage management Sahibabad drain
policy was to be implemented by ii. UPPCB must take heavy
November 2020. The Policy has since action against polluting
been approved. The work of setting up industries in conforming
of 32 KLD capacity FSTP in Loni will be and non-conforming
completed by December 2020 and in residential areas to avoid
Ghaziabad, setting up of 50 KLD air and ground water
Capacity FSTP will be completed after pollution as the bed of
six months, No specific date has been Sahibabad drain is kacha.
mentioned.
The state was asked to give a status iii. U.P.J.N. with the
report. consent of Ghaziabad
Nagar Nigam should
6. Status of in-situ bio/phyto construct decentralized
remediation in drains: A Pilot Project STP for treating the waste
for in-situ bio/phyto remediation in water at the source itself
drains has been started at Arthla Drain coming from the
Ghaziabad and same is planned to be unauthorized and
adopted in other drains, if successful. unsewered colonies on
The timelines and further plan of the North of Wazirabad
action is however quite vague. The Road to reduce the load of
monthly test results of the treated polluted water in
water in this drain and outcome of the Sahibabad drain. The
pilot project had been agreed to be treated effluent can be
shared with YMC. used for irrigation in
nearby agricultural lands.
124
7. Installation of OEMS/OLMS in STPs iv. Instead of taking
and ETPs/CETPs and their connectivity domestic discharge of 17
to UPPCB and CPCB servers: The bids MLD from J-Point to
for Design, Supply, Installation, Testing Indirapuram STPs which
& Commissioning of Online have no spare capacity
Continuous Effluent Monitoring UPJN with the requisition
System (O.C.E.M.S.) of STP's, including of Ghaziabad Nagar
five years Operation and Maintenance Nigam may refurbish
have been received. Evaluation of existing SPS of 20 MLD
technical bids is under process. After capacity and construct
completion of tender process, the decentralized STP of 20
work will be completed within 12 MLD capacity at J-Point
months. itself where sufficient
YMC is of the view that the timelines land is available for
need to be further squeezed. construction of STP. The
treated water from this
The State Government has not given STP can be used in the
the updated progress report to YMC. nearby parks and for
rejuvenation of existing
8. Stoppage of untreated industrial water body (as informed
from industries in conforming areas of by the residents of the
Loni and Sahibabad and present status area).
of enforcement action against the
defaulting industries: v. Ghaziabad Nagar Nigam
may adopt enzyme
• Show cause notices were issued treatment/
against 25 defaulting units in Bioremediation to reduce
Sahibabad area under Water odor in the drain water.
Act of 1974. It is proposed to forward a
copy of the observation
125
• Closure orders issued against 05 and recommendations of
defaulting units in Sahibabad. the Team to the State
• Disconnection of electricity and Government for their
sealing of two defaulting units comments and further
in Aryanagar and Loni industrial action.
area by the Joint Team.
• Recommended disconnection
of electricity to EE, UPPCL
against 01 defaulting unit in 10. U.P has decided to Sahibabad area release Rs 10.49 crores • EC of Rs. 248.75 Lakhs imposed for development of 86 against defaulters. hectare in phase-I against YMC had advised that UPPCB/ District a total demand of Rs 35 Level Committees constituted by the crore for development of local administration must ensure 167 hectares.DDA has regular vigilance on the industries and informed the YMC that a take action against the defaulting demand for a total of Rs industries causing pollution. Monthly 98 crores has been placed report in this regard may be uploaded with the Government of on their website. Mere levying of EC UP for floodplain may not prove to be a deterrence. restoration work in UP What is important is that a mechanism portion of floodplain in for recovery of EC needs to be worked Delhi. UP Government out. The State Government in its reply needs to furnish its stand should give an updated progress on the request of DDA. report to YMC.
9. Status of enforcement action against industries in non-conforming areas in Loni and Sahibabad. Whether 126 the industries ordered to be closed have actually been closed:
• Total 435 no. of illegal units were demolished and 10 no. of illegal units were sealed by Joint Team in Krishna Vihar, Phase-II, Amit Vihar, Behta Hazipur & Farukhnagar, Loni in Ghaziabad • Recommended disconnection of electricity to Ex. E, UPPCL against 01 illegal unit in Bhopura Sahibabad area.
• EC of Rs. 1.35 Lakhs imposed against defaulters.
YMC had said that mere levying of EC will not provide enough deterrence and mechanism for recovery of EC needs to be worked out. Also the effort at stopping such activity has to be of continuing nature else such illegal activities have a tendency to resurface once enforcement effort slackens.
Monthly report in this regard should be uploaded on the website of UPPCB.
10. Status of administrative measures to protect and safeguard floodplains against encroachment, illegal dumping of C&D waste and unauthorized cultivation:
127The Irrigation (Department of UP?) decided to get the flood plain maps for river Yamuna in NCT area prepared by I.I.T Delhi in consultation with DDA.
The DDA has already submitted the flood plain map before the Hon´ble court of NGT. UP Irrigation Deptt., informed that it is keeping continuous watch-and-ward to protect the flood plain from any pucca constructions and has physically verified that the demarcated area is free of any pucca constructions.
Irrigation& Water Resources Department, UP has defined the Eastern marginal bund as the boundary of the flood plain zone (on the land of U.P Irrigation Department) upstream of Okhla Barrage in the area of NCT Delhi / UP in 2015. It has also demarcated the floodplain by fixing bollards at the extreme edges of flood plain.
The department is also keeping continuous watch-and-ward over illegal encroachments and dumping.
Presently there is no solid waste /debris existing on the UP Irrigation 128 land. In future violation of directions relating to dumping of debris and resulting compensation will be implemented as per directions given by Hon´ble NGT. Govt. of U.P. has also given permission to DDA for installing of CCTV cameras in U.P portion.
YMC had informed the UP Irrigation Department about dumping of C&D waste near NOIDA, presence of heavy earth moving machinery on the floodplain and disappearance of water bodies as informed by SANDRP- a Delhi civil society organization to the YMC.
SANDRP report was sent to Irrigation Department on 21.09.202.The pictures attached to their report showed impermissible activities allowed in violation of NGT's order. YMC has received no response to that letter. A status report was asked to be furnished to YMC within a fortnight.
11. Status of the pending litigation in respect of the 3835 big has (about 700 acres) of floodplain land between UP, DDA and 221 others:129
Execution no.45449/2016 state of UP vs DDA & 221others is pending in Karkarduma court, Delhi is pending for taking repossession of the land which is to be used for the development of wetland development on the eastern bank of River Yamuna and is being pursued by the Department as stated by the State Govt.
YMC has pointed out to the State government that since the vast tract of floodplain land has been under litigation since 1972 effective steps needs to be taken by the State to arrive at early closure else the floodplain will continue to be used for non-
permissible activities.
12. Status of rejuvenation of 167 hectares of UP portion of floodplains through DDA and whether the funds for the purpose have been transferred: U.P Irrigation was to release Rs 35 crores to DDA by U.P Irrigation Deptt. for rejuvenation of 167 Hectare of flood plain of U.P. U.P has decided to release Rs 1049 Lakhs for development of 86 hectare in phase-I. YMC has not been informed 130 what the terms and conditions of releases by the UP Government are.
DDA has stated in its response which is contained in the Chapter 2 of this Report that the money is yet to be received. Further, DDA have sought additional funds from UP State Irrigation for the rejuvenation of the flood plains. The State Government must see that a joint meeting with VC DDA is held to decide on the matter.131
Status of 'Restoration and Rejuvenation of River Yamuna floodplains (01 st January 2020) S. Project Area Area Approvals Landscape Proposal Present Status No
1. Old Railway 90 Ha. with Screening Committee • Largest open area in the densely populated East Delhi. Civil work Bridge to DDA Approval: • The Northern edge is in close proximity to the river Completed 100% ITO Barrage 352 nd SCM dated encouraging River people connect.
(Eastern 21.07.2017 • Greenway comprising of walkways, trails and public Hort. work Bank) - interactive spaces. Completed 95% Asita East Estimates Approval • Dedicated spaces for the kids, elderly and yoga meditation Committee: spaces etc. Amount 13.27 Cr. • Walk along the wetlands, grassland and floodplain forest. Approved on • Selfy point to attract public (under progress) 27.08.2019 • Existing rose gardens retained.
107 Ha. with UP Screening Committee • Facility for parking Estimated cost sent Irrigation Approval: • Urban plaza streetscape comprising of open gym, kids to UP Irrigation Department 352 nd SCM dated plays facilities, seating areas and kiosks. Department on 21.07.2017 • Area also having existing wetlands. thumb rule basic.
• Kachcha trails for the connect to the River. No funds from UP
Estimated cost : 35 Cr. Irrigation
Department
received till date
2. NH24 to 100 Ha. with Screening Committee • Continuous open green public spaces developed along Civil work
DND Flyway DDA Approval: with the DND flyway. completed 98%
(Western 346 th SCM dated • Largest public refuge area for the Kilokari, Maharani
Bank) 11.01.2017 Bagh and nearby residential areas. Hort. work
• Direct pedestrian connectivity from the adjacent areas Completed 70%
Estimates Approval • Barapullah drain is treated by Department of
Committee: Biotechnology, GoI as a pilot project, the abutting area is
Amount 25.4 Cr. being developed as Demo park.
Approved on • Public useable spaces for the all age groups comprising of
27.08.2019 Kids area, Yoga area and multipurpose spaces.
• A network of wetlands created along the greenway with connecting swales.
• Floodplain forest experience in South Delhi.
1Status of 'Restoration and Rejuvenation of River Yamuna floodplains (01 st January 2020) S. Project Area Area Approvals Landscape Proposal Present Status No
3. Old Railway 107 Ha. with Screening Committee • In close proximity to the densely populated Old Delhi 30.06.21 Bridge to DDA Approval: residential areas (for the balance ITO Barrage 346 th SCM dated • Greenway along the Geeta Colony Bridge and Ring Road 107 Ha area) (Western (Total area: 200 11.01.2017 Bypass comprising of kachha Cycle tracks, walkways and Bank)- Asita Ha (93Ha public interactive spaces. The work has been West already Estimates Approval • Restoration of the existing depressions and creation of started at site.
completed)) Committee: new wetlands
Amount 21.47 Cr. • Treatment Zone for treatment of waste water from Shanti
Approved on Van Drain at its outfall
08.09.2020 • Adventure Zone for kid's with provision of cycling trails
• Development of open air theatres in a sustainable manner
4. DND to 115 Ha. with Screening Committee • The Second Biodiversity park along the River Yamuna 31.03.21 proposed DDA Approval: after Yamuna Biodiversity Park in the North Delhi. (for construction of Kalindi By- 346 th SCM dated • A treatment wetland system for in-situ bio-remediation to wetlands)- As Pass 11.01.2017 treat the raw sewage of approx. 1420 MLD coming f rom communicated by (Western 09 drains. Prof. C.R. Babu Bank)- Estimates Approval • Revival of lost ecology Excavation of the wetlands, earth Khijrabad Committee: used for making embankments, pathways, trails and for (Entrusted to Amount 13.59 Cr. making islands serving as recreational spaces. CEMDE) Approved on • Development of grasslands and marsh communities.
21.10.2019 for • Future destination for scientific research on Yamuna's constructed treatment native flora and fauna.
wetlands 2 Status of 'Restoration and Rejuvenation of River Yamuna floodplains (01 st January 2020) S. Project Area Area Approvals Landscape Proposal Present Status No
5. Wazirabad 236.5 Ha. with Screening Committee • A linear open green space interspersed with a series of 30.09.21 Barrage to DDA Approval: waterbodies along the Pushta Road near Signature Bridge The Tender has ISBT Bridge 385 th SCM dated • Treatment Zones for waste water from Garhi Mandu and been called.
(Eastern 23.09.2020 Usmanpur villages
Bank) around & • Restoration of the existing depressions into waterbodies
Garhi Mandu 346 th SCM dated • Greenway along the Pushta Road and ISBT Bridge
Village & 11.01.2017 comprising of kachha Cycle tracks, walkways and public
Usmanpur interactive spaces.
Village. • Pedestrian promenades connecting to the central
Near Estimates Approval waterbody and the River
Signature Committee: • Large parcels of land allotted to other agencies for
Bridge Amount 13.65 Cr. compensatory plantation in lieu of felling of trees for
infrastructure projects
Approved on
01.12.2020
6. ITO to NH- 90 Ha. with Screening Committee • Large green in the heart of the city opposite Common 31.08.21
24 (Eastern DDA Approval: wealth games village. The Tender has
Bank)-Area 385 th SCM dated • Hydrological potential of the site explored and running been called. The
South of 23.09.2020 streams proposed to retain water all through. work is yet to start
CWG • Use of Gabion structure in the form of retaining walls, at site.
Village Area Estimates Approval seating etc.
Committee: • A 4 mt. wide elevated boardwalk first of its kind provided
Amount 74.74 Cr. to connect to the river as a pilot project.
Approved on • Inviting Entrance plaza with seating and public amenities
04.11.2020 provided.
• Public interactive spaces strategically placed.
3Status of 'Restoration and Rejuvenation of River Yamuna floodplains (01 st January 2020) S. Project Area Area Approvals Landscape Proposal Present Status No
7. Wazirabad to 16 Ha. with Screening Committee • Entrusted to INTACH, since it has a cultural and historic 30.06.21 old Railway DDA Approval: significance as per the directions of the Hon'ble NGT only for Qudsia Bridge 385 th SCM dated • A part of the broader strategy of 66 Ha comprising of Sur Ghat 16 Ha (Western Total area: 23.09.2020 for 05 Ha Ghat, Qudsia Ghat, Yamuna Bazaar area etc. Bank) 66 Ha area. • Restoring the Historic connect of the Qudsia Bagh to the Qudsia Ghat (Sur Ghat- Ghat area (Entrusted to 13.6Ha, Eco- 388 th SCM dated • Development of the Char Bagh concept at the entrance INTACH) trail-33 Ha, 04.12.2020 for 16 Ha with Baradaris and chattris Qudsia Ghat-16 area. • Redevelopment of the ancient Ghats Ha, Yamuna • Serves as a connection to the Yamuna Aarti Sthal and the Bazaar Area- 3.4 Estimates Approval Yamuna Bazaar area through walkways and trails Ha Committee:
Amount 13.87 Cr.
Approved on 04.11.2020 for 05 Ha areas.
Approval for the total 16 Ha. area is to be taken-up.
8. NH-24 to 235 Ha. with Screening Committee • The largest green open area at the Delhi NCR border, will Proposal to be DND Flyway DDA Approval: serve as an greenlungs between Delhi and Noida revised due to (Eastern 346 th SCM dated • Native flora and fauna will restore the riparian ecosystem pending land issues.
Bank) Part 11.01.2017 of the floodplains.
Area-I • The area under the Barapullah elevated corridor Phase -3
Area under dispute has been designated as "cultural gully" for public
due to land issues. interface and cultural recreational usage.
Proposal will be re- • The greenway will allow public to enjoy serene
worked. environment along the floodplains.
4
Status of 'Restoration and Rejuvenation of River Yamuna floodplains (01 st January 2020) S. Project Area Area Approvals Landscape Proposal Present Status No
8. 162.75 Ha. with Screening Committee • Facilities for the parking Estimated cost sent UP Irrigation Approval: • Arrival courts for the inviting entry. to UP Irrigation Department 346 th SCM dated • Congregational spaces for the multipurpose use for the Department on 11.01.2017 general public. thumb rule basic.
• Cultural gully for the active recreational use comprising Work will be taken-up of kids play area, yoga / meditation zones, seating niches, No funds from UP after the receiving of open gym spaces etc. Irrigation the funds from UP • Wetlands for the revival of the ecosystem. Department Irrigation Department. • Riverine plantation for eco system restoration. received till date Estimated cost: 53 Cr.
9. NH-24 to 15 Ha. with Land under litigation/ • Treatment wetlands to treat the raw sewage coming f rom 31.10.21 DND Flyway DDA land issues. the Hindon Cut Canal entering the floodplains through (for construction of (Eastern Proposal will be Chilla village wetlands) As Bank) taken-up after clarity • Revival of earlier connect to the River communicated by Part Area-II- on land. • Development of grasslands and marsh communities. Prof. C.R. Babu Hindon Cut • Future destination for scientific research on Yamuna's Wetlands native flora and fauna. 31.10.21 (for I&II construction of (Entrusted to wetlands) As CEMDE) communicated by Prof. C.R. Babu.
30 Ha. with UP Work will be taken-up • Constructed Treatment wetland at the outfall of the Estimated cost sent Irrigation after the receiving of Hindon cut falling into the floodplains to treat raw to UP Irrigation Department the funds from UP sewage. Department on Irrigation Department. • Kachcha trails and walkways thumb rule basic.
• Riverine plantation for the revival of the ecosystem.
Estimated cost: 10 Cr. No funds from UP
Irrigation
Department
received till date
5
Status of 'Restoration and Rejuvenation of River Yamuna floodplains (01 st January 2020) S. Project Area Area Approvals Landscape Proposal Present Status No
10. Geeta 30 Ha with Screening Committee • The only area outside 1 in 25 years floodplains. Pending land Colony DDA Approval: • The area will act as a magnet for general public helping issues. Bridge to 352 nd SCM dated in boosting public awareness and eco-tourism. ITO Barrage 21.07.2017 • The proposed state of art River Museum and Oceanarium (Western about the Yamuna's journey and its restoration and Bank) Eco- Land yet to be rejuvenation works.
Tourism retrieved. • This will be one of its kind example of restoring degraded Bundh landscape, involves detoxification of flyash dump of Raj-
(14 Ha land is with Ghat power plant.
DESU (IPGCL) • It's a transition link between the Riverine Ecology and
Land department has tourism hence its name.
been requested to take
back the land)
NOTE:
*"Completion" of the ten projects is as per the directions of Hon'ble NGT orders which consist of majorly "Protection of floodplains" and "Restoration of the wetlands " and "Connect to the river" for the general public. These compliance to the Hon'ble NGT orders are considered as Phase 1 and after the completion of the Phase 1 as per the timelines, further works at detailed level can be taken up in Phas e 2 & 3 which includes Entrance plazas, utilities and amenities etc. The expenditure taken-up for the removal of encroachments/ demolition programmes and protection of the floodplains are NOT the part of estimates taken-up for the development/ restoration and rejuvenation of the floodplains of River Yamuna works.
The timelines has been revised and as per the latest timelines submitted to Monitoring Committee on 2 2 nd December 2020, most of the projects would be completed by September 2021 except for the ones which have some land issues.
6