National Green Tribunal
Suresh B Jaipuria vs Ms Sms Paryavaran Ltd on 15 June, 2020
Item Nos. 04 & 05
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 09/2017 (WZ)
WITH
Original Application No. 05/2018 (WZ)
Suresh Banarasilal Jaipuria Applicant(s)
Versus
M/s. SMS Paryavaran Ltd. & Ors. Respondent(s)
WITH
Gopal Radheshyam Choudhary Applicant(s)
Versus
M/s SMS Paryavaran Ltd. & Ors. Respondent(s)
Date of hearing: 15.06.2020
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE MR. SIDDHANTA DAS, EXPERT MEMBER
For Applicant(s) : Ms. Yadnayseni Gaikwad and Mr. S.
V. Abhang, Advocates
ORDER
1. The issue pertaining to laying of defective sewage network and establishment of STP in Shegaon, District Buldhana and Maharashtra was raised in this application and this Tribunal constituted a Committee to find out the defects in maintenance and sewage network, in compliance thereof the Committee had 1 submitted report and this Tribunal vide order dated 24.09.2019 dealt the matter as follows:
"5. Report filed by the Committee revealed gross deficiencies in sewerage network system and the STP which has been summarized in a tabular form reproduced below :-
S.No. Directions Comments
1. As to whether There are seepages from the
there is any underground sewerage pipelines
seepage in the observed where not connectivity of
pipeline and the pipeline provided for carrying raw
STP. sewage in the Lakhpati Galli area.
There are issues noted in respect
of available gradient/slope
towards STP in the Lakhpati galli
area. It is told that the Railway
authorities are not giving
permission to lay down the
pipeline in their area. Therefore no proper elevation is maintained.
The residents has blocked the manholes by filling the soil.
However, no signs of seepages from the STP units observed
2. The team shall The STP comprises of units such also examine the as, receiving chamber, screen functional chamber (mechanical and efficiency of the manual), raw water sump, inlet STP by conducting fine screen chamber (mechanical an appropriate and manual) distribution box, grit test. chamber, MBBR reactors1 and 2.
Secondary clarisettler, chlorine tank, treated effluent and sludge tank, sludge thickener. During the visit it is observed that the MLSS in the MBBR-1&2 are not up to the mark. The feeding to the MBBR is not carried out. The chlorination for disinfection was improper.
Though the STP was found in operation, the sewage effluent was only passing from one unit to another without any proper treatment. No functional efficacy of the units observed. It was told that approximately 50% of the sewage effluent is allowed to enter into the STP and rest is by passed to the nallah/ guttar due to maintenance work to sewerage network.
3. The team shall The officer from Maharashtra conduct test to Jeeva Pradhikaran expressed ascertain as to their inability to perform the whether there is leakage test during the visit, as any contamination the underground sewerage of soil and ground pipeline is having flow of sewage water, water effluent and it is in running bodies, wells etc. condition, and gas leakage may in the vicinity of cause fatality. They have further the sewerage stated that, since the STP is also network and the in operation the leakage test could STP. not be conducted under such 2 circumstances. However during the visit the committee members observed that, the trunkmen located at Shivneri Chowk is overflowing and the sewage is discharging into the nearby roadside open drain, may be due to ongoing road repair network.
6. It had been observed that all the property lines would be sewer connected by the Municipal Council, there would be no overflow of chambers in the sewerage system that was observed during the earlier visit and the STP shall be made functional.
7. We have heard the learned counsel appearing for the various regulatory authorities including the Maharashtra Jeevan Pradhikaran (MJP), the Municipal Council of Shergaon and the State PCB and find that there is no unanimity in the submissions but appear to be in conflict with each other. We noticed clear tendency on their part to shift the burden on each other for the inefficient execution of the work related to the laying of the sewer line and running of the STP.
8. Considering the lack of co-ordination amongst the authorities, we are of the view that the matter should directly be looked into by the Chief Secretary, Government of Maharashtra for supervision of the works in question having regard to the fact that the matter has been pending for over a decade and the fact that the question has also been a subject matter of a Writ Petition before the High Court pending since the year 2007. This will be in the larger interest of the public and the environment.
The Chief Secretary shall ensure that the entire work is completed within a period of six months against which the State Government shall furnish a performance guarantee of ₹1 Crore to the satisfaction of the Central Pollution Control Board (CPCB) within two weeks from hence."
2. In compliance thereof the State Pollution Control Board has submitted the report calculating the Environmental Compensation to the tune of Rs. 1,388.25 lacs. The method of formula for calculating the EC is also been given in the report.
3. The Chief Secretary, Govt. of Maharashtra has submitted affidavit in compliance of the order as follows:
"a. Considering the disagreement between Maharashtra Jeevan Pradhikaran (MJP) and Municipal Council, Shegaon, 3 regarding taking over Sewerage project Phase-I, the MJP has been directed to complete the work in consultation with Shegaon Municipal Corporation, within six months in view of the directions of this Hon'ble Tribunal.
b. The Shegaon Municipal Corporation is directed to follow-up for permission for laying pipelines, with National Highway Authority of India.
c. The Urban Development Department is directed to appoint independent agency for third party audit within one month. After third party audit, the MJP shall hand over the scheme by carrying out all the performance tests and after necessary compliances to the Shegaon Municipal Council."
4. He has further submitted that in pursuance of the direction in the meeting, the Director, Municipal Administration has appointed College of Engineering, Pune as an agency to carry out third party audit of Shegaon Under Ground Drainage Phase-I Project.
5. The progress of the project will be regularly monitored by the level of Chief Secretary with co-ordination between state authorities and to ensure compliance of the direction.
6. It is also informed that in compliance of the direction of the Tribunal, a performance guarantee of Rs. 1 Crore have been submitted to the CPCB.
7. In light of the above report, Chief Secretary, Govt. of Maharashtra is directed to ensure the proper laying of sewage network and proper maintenance. The EC as calculated by the State Pollution Control Board be executed and realized before the date of listing.
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8. The further progress report be submitted within six weeks.
9. List on 16.09.2020.
Sheo Kumar Singh, JM Siddhanta Das, EM June 15, 2020 Original Application Nos. 09/2017 & 05/2018 (WZ) MN 5