National Green Tribunal
Devesh Nigam vs Telangana State Pollution Control ... on 13 February, 2024
Author: K. Satyagopal
Bench: K. Satyagopal
Item No.07:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 116 of 2023 (SZ)
[Earlier O.A. No. 740/2022(PB)]
IN THE MATTER OF:
Dr. Devesh Nigam.
...Applicant(s)
Versus
Telangana State Pollution Control Board and Ors.
...Respondent(s)
Date of hearing: 13.02.2024.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s): Ms. C.P. Kavitha Renjini represented
Mr. T. Sai Krishnan for R1.
Mr. Mohamed Aathic represented
Mrs. H. Yasmeen Ali for R3 & R4.
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ORDER
1. The matter relates to the sewage being let into the Central University Campus by the Sports Complex of Telangana and Telangana Institute of Medical Sciences (TIMS) and also from adjacent colonies.
2. The Telangana State Pollution Control Board has filed a report, a cursory glance of which states that the source of sewage in upstream in four of the drains (Drain 1 - 4) passing from the TNGOs colony area into the Central University Campus is let into the Peacock Lake. Similarly, the untreated sewage water from the residential area of Gopannapally Village passes through the University Campus and flows into the Nallagandla Cheruvu.
3. The officials also seem to have inspected the residential construction projects located near the Nallagandla Cheruvu. Samples were collected from the inlet and outlet of the STP of the above project and collected the samples from Peacock Lake and Nallagandla Cheruvu on 11.09.2023 and furnished the analysis report.
4. As per the analysis, the water quality of Peacock Lake and Nallagadla Cheruvu are classified as Class 'D' as per the CPCB water quality criteria classification. The designated best use is for the propagation of wildlife and fisheries.
5. The above report is not complete in all respects, as the TSPCB has not mentioned anything about the stoppage of the flowing of the Page 2 of 4 sewage either into the Peacock Lake or the Nallagandla Lake through the University Campus and if they had identified the wrongdoers, the TSPCB has not taken any action against them and the action for stoppage of further flowing of the sewage into the University Campus and also through the Telangana Institute of Medical Sciences.
6. Let the TSPCB file another detailed report in this regard, the action taken and the recommendations or suggestions given to the appropriate persons/institutions/authorities concerned. If the TSPCB had not taken any action and filed the report before the next date of hearing, the TSPCB will be liable for a penalty that may be imposed by this Tribunal.
7. Similarly, the report of the HMWSSB also only speaks about the long-term remedy, for which, a separate proposal was sent to the Government for an amount of Rs. 3723.00 Crores and approval is awaited. The work will be taken up after receipt of the Government approval. Till such time if the sewage continues to flow through the University Campus to reach the above-referred lakes to be polluted, what is the responsibility of the HMWSSB in this regard?
8. Let the HMWSSB also furnish the interim measures to plug the outfall of sewage into the University Campus and take appropriate action against the wrongdoers. Let the report be filed on 14.03.2024.
9. Though Mr. Koustubh, Advocate stated that he filed a vakalat on behalf of the applicant, the same was returned. He is directed to Page 3 of 4 present the hardcopy of the vakalat, otherwise he may not be permitted to represent the applicant.
10. Post the matter on 14.03.2024.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.116/2023 (SZ) 13th February, 2024. AD.
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