National Green Tribunal
Kunwar Mohamad Ali Tajwar S/O Late Zahid ... vs Fisherman Welfare & Fisheries ... on 28 June, 2021
Item No. 01
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 73/2020 (CZ)
Kunwar Mohd. Ali Tajwar Applicant(s)
Versus
State of Madhya Pradesh & Ors. Respondent(s)
Date of hearing: 28.06.2021
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s): Mr. Rohit Sharma, Adv.
For Respondent(s) : Ms. Parul Bhadoria, Adv.
Mr. Yadvendra Yadav, Adv.
Mr. Om Shankar Shrisvatava, Adv.
Mr. Dhramveer Sharma, Adv.
Mr. Sachin K. Verma, Adv
ORDER
1. The present application has been filed with the prayer to restrain non-applicant no. 3, permanently from carrying out any fishing activities in the lower lake or in any other lake because of the proven hazardous activities and to determine the environmental compensation and to recover it for restitution of lower lake and to initiate disciplinary action against non-applicant no. 4 for enabling such a heinous act of poisoning the lower lake and also issue of direction for closure of the activities and carry out an independent water analysis search of the lower lake, Bhopal and submit a report and to launch a prosecution against the person found guilty.
2. The brief facts giving rise to the present application as narrated are that the Lower Lake or Chotta Talab is a Lake in Bhopal, the capital of the Madhya Pradesh. Alongwith the Upper Lake, the 1 lower lake forms part of the Bhoj Wetland which is one of the identified Ramsar sites. The lower lake is very rich in biodiversity, including natural and cultured fish species, both resident and migratory birds, insects, and reptiles and amphibians. The lower lake falls within the limits of Bhopal, the lease of lower lake for the purpose of fishery is executed by the Municipal Corporation with the concerned society on priority basis and accordingly on 31.07.2010, a lease agreement was executed in terms of Fisheries Policy of 2008 between the Bhopal Municipal Corporation and Adarsh Matsyodhyog Sehkari Sanstha Maryadit, Bhopal for a period of 10 years, which was expired on 31.07.2020. It is alleged that as the lease period of non-applicant no. 3 Society was expiring on 31.07.2020, in order to fetch more number of fishes before the expiry of the lease period, the Non-Applicant No. 3 Society started pouring Mud Balls filled with hazardous chemicals at the Lake bottom. Now by pouring chemicals through mud balls, the fishes hidden at the bottom of the lake gets affected by the chemicals and eventually come upwards either suffocated or dead and the fisherman through netting catches huge quantities of fishes instantly. This illegal and illogical methodology for catching fishes at the lower lake, in order to gain monetary benefits without thinking about the adverse effect likely to caused on the human health are likely to consume such fishes with toxic content may adversely affect the ecology of the lake and also the human health.
It is alleged that the content of Lead in the mud balls were found to be 14.545 mg/kg against the permissible limits of 0.01 mg/kg and the contents of chlorine was found to be 265.88 µg/gm against the permissible limit of 200 µg/gm.
3. The matter was taken up by this Tribunal on 25.08.2020 and a committee consisting Collector, Bhopal, Municipal Corporation, 2 Bhopal and Madhya Pradesh Pollution Control Board was constituted and directing them to submit factual and action taken report. In compliance thereof, the Joint Committee visited at the spot and submitted the first report dated 06.10.2020, which is as follows :
"In compliance of above NGT order dated 25.08.2020 joint inspection was conducted by Shri Santosh Gupta (City Engineer), Lake Conservation Section, Municipal Corporation Bhopal (BMC), Shri Alok Singhai, Regional Officer MP Pollution Control Board, Bhopal, Shri Devendra Choudhari, Tehsildar (City), Bhopal representative of Collector Bhopal/ SDM City on dated 22.09.2020, in presence of Shri Kailash Raikwar, applicant in this case letters related to constitute a committee, during inspection, Shri A.K. Bisen (Executive Engineer), Regional Office, MPPCB, Bhopal, Shri M.M. Qureshi, Scientist, RO, MPPCB, Bhopal, Smt. Jyoti Mankele, Sub Engineer BMC Bhopal were also present.
Lower lake (famously known as Chotta Talab), situated in the heart ofCity is in ownership of the Bhopal Municipal Corporation (BMC). The BMC had an agreement dated 31.07.2010 to lease out this water body to M/s Adarsh Matsyodhyg Sehkari Sanstha Maryadit Bhopal (Registration No. A.R.B./252/dated 28.05.1986) for purposes carrying out fishing under the new Matsya Palan Neeti, 2008 M.P. under, Matsye Kshetra Amendment Act, 1981, Nadiye (Mastsyodhyog) Act, 1972.
Applicant in this case filed a complaint in January, 2020 before Commissioner BMC, Bhopal that fishermen at lower lake are pouring the mud balls filled with medicine/chemicals in the lower lake so as to kill the existing fishes instantly and fetch huge quantity of fishes. This complaint was investigated on 10.01.2020 by Chief Engineer (Water Works) BMC, Bhopal with his staff and sub inspector of Jahagirabad Police Station Bhopal. BMC, Bhopal sent, seized mud balls vide letter dated 14.01.2020 for analyses report provided by Nagar Nigam, Bhopal during inspection (letter no. 208/09.06.2020).
3i. BMC Bhopal had an agreement dated 31.07.2010 to lease out this water body to M/s. Adarsh Matsyodhyog Sehkari Sanstha Maryadit, Bhopal MP for purposes carrying out fishing which was valid till 31.07.2020 and hence during inspectionno fishing activity was found.
ii. Shri Kailash Raikwar informed that in January, 2020 he observed that fishing boat was filed with big size mud balls and on enquiry fisherman informed mud balls are filled with medicine/chemical to catch unconscious fishers in large quantity, kill the existing fishes instantly and fetch huge quantity of fishes.
iii. Water of lower lake is not used for drinking purpose.
Lower lake is at present at full tank level and numbers of sewage drain and rain water drain are joining it Fisheries culture is main activity associated with this lake.
iv. Water sample of lower lake collected near Khatlapura and in the back side of Hamidia College (site form where mud balls seized on 10.01.2020).
Recommendations
1. Lower lake was leased out by Bhopal Municipal Corporation (BMC) for fishing purpose. BMC had an agreement dated 31.07.2010 to lease out this water body to M/s. Adarsh Matsyodhyog Sehkari Sanstha Maryadit Bhopal for purposes of carrying out fishing under the new Matsya Palan Neeti, 2008 of M.P. with certain conditions. At first instant it is clear that associated fisheries society has violated conditions no.17 of lease agreement dated 31.07.2010. So BMC Bhopal shall take necessary action for violation of conditions of lease agreement.
2. Deputy/Assistant Director, Fisheries Department, Bhopal shall take necessary action against fisheries society involved in this case, like not being permitted 4 to carry out fishing activities at lower lake or any other lake as they have caused loss to the environment by polluting the water body.
3. Environment Compensation Charge shall be levied on the M/s. Adarsh Matsyudyog Sehkari Samiti Maryadit Bhopal for a period of seven months starting from the date on which the mud balls were seized by the Municipal Corporation Bhopal till the date of expiry of contract i.e. from 10.01.2020 till 31.07.2020".
4. Again the matter was taken up on 12.10.2020 and the matter was placed with the Tribunal with the first report and the Tribunal observed as follows :
"1. Vide order dated 25.08.2020, a Joint Committee was directed to submit a factual and action taken report with regard to the pollution of lower lake which is known as Chotta Talab situated in the heart of the city of Bhopal and pouring the mud balls filled with hazardous chemicals in the lower lake so as to kill the existing fishes instantly and fetch huge quantity of fishes for selling it in the open market.
2. The report reveals that:-
(i) Sewage water is being discharged into the lake.
(ii) In spite of the expiry of the agreement the person concerned continued to fishing.
(iii) The associated fisheries society has violated condition no.17 of lease agreement.
(iv) Finishing boat was filled with big size mud balls and on enquiry it was informed that mud balls were filled with medicine/chemical to catch unconscious fishes in large quantity.
3. The report reveals the serious irregularities and environmental damages.
4. The Article 39 E, 47 and 48 A of the Constitution of India cast a duty on the State to secure the health of the people, 5 improve public health and protect and improve the environment. It was by reasoned of the lack of effort on the part of the enforcement agencies, notwithstanding adequate laws being in placed, there are air pollution, water pollution and noise pollution in the city. One of the basic principle underlying environmental law is that of sustainable development. This principle requires such development to take place which is ecologically sustainable and the essential features of sustainable development are:-
(i) the Precautionary Principle (ii) the Polluter Pays Principle and the authorities are duty bound to take necessary action on the point."
5. Now, the Joint Report submitted on 09.11.2020 discloses the following facts:
"In compliance of above order, the point wise information is as follows:-
i. Number of drains discharging untreated/sewage water into the lake :
As per latest survey and record contained in Municipal corporation Bhopal there are 21 number of drains discharging untreated/sewage water into the lake (lower lake). These drains are joining lower lake and causing pollution in lower lake water.
ii. Number of lakes in the City of Bhopal.
Following 11 lakes are situated in the municipal area of city of Bhopal :-
Number of lakes in the City of Bhopal are 07 in number they are:- 1. Upper lake 2. Lower Lake
3.Shahpuralake 4.Siddiqui Hassan Talab 5.Motiya Talab 6.Bagmunsihussan Khan Lake 7.SarangPani Lake, 8.5 Number Talab, 9.SaryooSarovar
10.LendiaTalab 11. Jail Bagh.
iii. Number of total drains discharging untreated water/sewage water into the lakes (lake-wise).
6"Total no. of drains discharging untreated water/sewage water into the above said 07 lakes of Bhopal city are - 55 in numbers and lake wise information as submitted by Bhopal Municipal Corporation in compliance of order passed by Hon'ble NGT in O.A. No. 61/2020 "Major Gen. Harpreet Singh Bedi (RETD) &ors V/s Vijay Singh Dwarkadheesh Haveli Builders &Ors". Vide letter no.838 dated 04.09.2020.
iv. The action taken against the person concerned for illegal activities and polluting the lake water by hazardous chemicals to catch unconscious fishes for commercial Purposes.
The action against the person concerned for illegal activity and polluting the lake is incorporated in recommendation of compliance report submitted by joint committee on dated 22.09.2020. The copy of Joint inspection report has been forwarded to Municipal Commissioner Bhopal & Deputy/ Assistant Director Fisheries' Department Bhopal asking them to take necessary action against defaulter i.e. "Adarsh Matsyodhyog Sehkari Sanstha Maryadit Bhopal".
v. Remedial measure which are required to be taken and for further action.
Sewage system and Sewage Treatment plants are proposed for control of pollution due to discharge of untreated sewage. Some treatment plants are functional, some are under construction and some treatment plants are proposed.
It is one of the immediate remedial measure to have "In-situ bioremediation system" on the drains which are directly discharging untreated water/sewage water into the lakes. This system has also recommended by Hon. NGT in order passed in OA 7 No. 606/ 2018 dated 20.02.2020. The same had been communicated to UADD and BMC to ensure the same as immediate measure till installation and commissioning of all the Sewage Treatment Plants covering all the drains. M.P. Pollution Control Board Bhopal vide letter no. 172 dated 25.08.2020, has issued "show cause notice" to impose Environmental Compensation or Municipal Corporation Bhopal in compliance of order of Hon. NGT in the matter of O.A. No. 606/2018.
vi. Amount of damage on above points separately, calculating the environmentalcompensation and the persons responsible to be.
1. Environmental Compensation (EC) shall be levied on the Adarsh Matsyodhyog Sehkari Sanstha Maryadit Bhopal for a period of seven months starting from the date on which the mud balls were seized by the Municipal Corporation Bhopal till the date of expiry of its contact i.e. from 10.01.2020 to 31.07.2020. It will be calculated separately as per order.
2. Imposition of penalty on BMC Bhopal for 55 drains discharging untreated / sewage waterinto the lakes from period 01.04.2020 to 31.10.2020 will be calculated as per order of Hon. NGT dated 25.02.2020 in OA no 606 / 2018. It is pertinent to mention that a show cause notice for imposition of Environmental Compensation (EC) on BMC has already been issued for violation of direction of the Hon'ble National Green Tribunal in O.A. no.606/2018 for the period of 04 months i.e. from 01.04.2020 to 31.07.2020".
86. Vide order dated 12.10.2020 the committee was also directed to submit on following points as narrated in the order which is quoted below:-
"7. The Joint Committee is directed to submit following information:-
(i) Number of drains discharging untreated/sewage water into the lake.
(ii) Number of lakes in the City of Bhopal.
(iii) Number of total drains discharging untreated water/sewage water into the lakes ( lake-wise).
(iv) The action taken against the person concerned for illegal activities and polluting the lake water by hazardous chemicals to catch unconscious fishes for commercial purposes.
(v) Remedial measures which are required to be taken and for further action.
(vi) Amount of damage on above points separately, calculating the environmental compensation and the persons responsible to be.
7. Notices were sent to the respondents and respondent no. 2 Bhopal Municipal Corporation has submitted the reply, which is as follows :-
"8. The contents of this para are wrong, incorrect. It's submitted that, the answering respondent has received letter from the office of Dy. Director, Fisheries, Bhopal vide letter dated 135 / 2020-21 dated20.07.2020 on account of complaints and newspaper report published on 11.01.2020.The department has appointed the team to make sudden inspection and file the report with regard to the complaint. The team has made spot inspection on 06.02.2020 of the lake. The inspection team has also sailed through boat with fishermen in the lake to check the validity of news report and the complaints. The team also checked the accessible lime and other, super PS probiotics, which is used in aquaculture. However, the inspecting team has warned the 9 respondent fishermen to not to breed prohibited fishes.
10. The averments made by the applicants in this Para are misleading. In fact, the analysis report states about soil sampling from upper and lower lake whereas, the Fisheries Inspector report is based on site of fishing and in the presence fishermen".
8. Respondent No. 3 Adarsh Matsyodhyog Sehkari Sanstha Maryadit has also filed the reply as follows -
"4. It is respectfully submitted that, the Answering respondent no. 3 is a society for welfare of more than 150 families of fishermen. The society members are engaged in fishing business for their livelihood residing beside lower lake at Bhojpura, Budhwara, Bhopal (MP), it is pertinent to mention here at this stage the lease granted by the Municipal Corporation, Bhopal which has already expired on 30.07.2020. However, the applicants are dragging replying respondent no. 3, welfare society with ill motive and initiate litigation with the only purpose to disqualify the replying respondent welfare society in upcoming tender for fishing, floated after 10 years by BMC.
5. The applicants placed copy of a spot inspection dated 06.02.20206 in Original Application, which is prepared by Asst. Director, Fisheries on receipt of a complaint. The department submitted its report to the Office of Director, Fisheries, Bhopal (MP)/Respondent No, 1 which reveals that the complaint was false and baseless. Therefore, the present application is liable to be dismissed by the Hon. Tribunal on this ground alone".
7. The replying Respondent No. 3/ Adarsh Matsyodhyog Sehkari Sanstha Maryadit is a large welfare society of fishermen caste in Bhopal engaged in fishing and selling fishes since ages for their only source of livelihood for their family. The State Government allows the same through grant of patta and the State Government is also generating Revenue. Since, this patta allotted is being renewed this year after certain interval of time, the applicants creating 10 impediments, Conspiracy, publishing fake news against fishermen society, making propaganda and dragging replying respondent in the litigation with the only motive to disqualify to the fishermen welfare society and take over the fishing contract from the hands of Government. This act itself being malafide and hidden agenda on the part of applicants and therefore, the OA is liable to be dismissed on this ground alone.
9. The there is no valid and cogent reason placed in the instant petition to establish that, Respondent no. 3 are involved in killing the fish by using poisonous substances. However, the answering respondent no. 3, are bound to do the fishing activities as per fisheries guidelines and under their supervision, which is regularly being done. The petitioner expressed reliance upon the lab report and newspaper reports which cannot be the ground to carve allegation upon Fishermen community who are dependent upon this profession and it‟s their ancestral way of livelihood. It‟s clearly mentioned in the lab report that, "....IITR is not regulatory authority and certifying agency hence, no part of this report should be used for legal purposes under any circumstances...". This itself is a matter of investigation how, this documents are procured and being used for litigation. However, the similar complaints are filed before other forum in order to take over the contract of fishing form replying respondent".
9. Central Pollution Control Board had submitted the reply as follows :
"3. MPPCB may carry out independent inspection of the concerned Water Body with regard to the reliefs sought in the Original Application. Appropriate legal action may also be initiated against erring individuals/authorities by MPPCB under appropriate sections of the Water (Prevention and Control of Pollution) Act, 1974".
10. The Bhopal Municipal Corporation had submitted the compliance report in the following manner :
"3. Answering respondent/Bhopal Municipal Corporation having its separate wing for conservation and protection of 11 lakes of the city. The wing has dedicated team of engineers and supervisors inter-alia equipped with amphibious excavators, harvesters, petrol boats, manual boats, JCB‟s, Dumpers, etc. for the purpose of lake conservation. However, the technical expertise in the field of conservation of water bodies is always needed from State Pollution Control Board, which is lacking.
4. Answering respondent humbly submits here that in compliance of the earlier directions has constituted a team for inspection of Upper and Lower Lake on 24.08.2018. The said inspections reveals there are 26 drainage entering into the Upper lake while rainy season due to natural topography of the area. There are other 18 drainage having 8.28 MLD of sewage also moves into the lake through gravitational force, which is substantially being trapped under flagship project "Amrut Yojana" sponsored by Ministry of Urban Development, Govt. of India. However, it is submitted that after completion of the above project all the drainages shall be captured and there shall not be any untreated discharge.
5. It is humbly submitted that the lower lake popularly known as "Chotta Talab" have extended for 1.29 sqare kilometre having main source of water as rain and overflow of Upper Lake. However, the topography of this lake is developed in such a way that this lake is surrounded by thickly human settlement; therefore, the discharge from domestic activities cannot be ruled out. There are total number of 37 drainage/Nallah enters into the lake, whereof 21 drains are rain faded and rest 16 Nallahs contain domestic sewage which is always been serious concern of the answering respondent who is dedicated for trapping the sewage discharge by establishing sewage treatment plants under the aforesaid scheme. However, it is submitted that after completion of the above project all the drainages shall be captured and there shall not be any untreated discharge.
6. Under Bhoj Wetland Project in the year 2004, the Government has captured domestic and other sewage through construction of diversion structures at various locations such as Gandhi Nagar, Kotra Zone, Kohefiza in 12 Old City, Ahmadabad Housing Board, BDA Colony, NRI Colony, Rajendra Nagar Slum, Indira Nagar Slum, Bairagarh, Shaheed Nagar, Garam Gadda, Fatehgarh, Sadar Manzil, Medical Hospital, Nadir Colony, Shyamla Hills Area surrounding Upper Lake. Under thesame project Ban Ganga Nallah, Nallah passing near Hindi Granth Academy, Khatlapura Nallah, Police Line, Jahangirabad, Ginnori, Bhoipura another area surrounding lower lake are covered with Sewage Pump House. There are more than 430 Kilometres of sewage pipeline and 19 sewage pump houses along with 9 STP are functioning and in operation to cater total capacity of 90.54 MLD in the city of Bhopal.
7. The State Government for the purpose of conservation and protection of the lake has also developed lake front for beautification and attracting tourism near Khanugaon. The fishing activities are not only important for livelihood of the fishermen as well for betterment of water quality due to oxidation of the water. The respondent fishermen were never ever reported with any kind of violation of any condition of agreement.
8. Under "Amrut Yojana", the State Government has already initiated to the project to capture rest of the untreated sewage drainage and to construct waste water treatment plants vide work order dated 05.05.2018. This flagship project shall be effective in conservation and protection of water bodies from urbanization. The proposed ongoing project covers construction of 9 sewage treatment plants and 21 sewage pump houses with 180 Kilometres of sewage network line, is underway construction.
9. Approximately 390 MLD water is being supplied to the city of Bhopal from different sources such as Upper lake, Kolar Dam, Kerwa and Narmada pipeline. Whereas, 80.25 MLD capacity of STP is under operation for sewage treatment in the city of Bhopal.
10. The answering respondent most humbly submits that to meet the treatment of the gap between treated and untreated sewage in the city of Bhopal, there is estimated fund of Rs. 1500 crores is required. Municipal Corporation, Bhopal is unable to generate such a huge amount thereby dependent on support from the Central as well as State 13 Government. The ongoing projects for sewage treatment and construction of channels, drainage etc. shall cover most of the areas to secure Bhopal city in better position in the field of sewage treatment."
Additional Submission
11. Under section 17 of the Water (Prevention and Control of Pollution) Act, 1974 State Pollution Control Board's function is defined which is as follows:
a) To plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the state and to secure the execution thereof:
b) To advise the State Government on any matter concerning the prevention, control or abatement of water pollution
c) To collect and disseminate information relating to water pollution and the prevention, control or abatement thereof
d) To encourage, conduct and participate in investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution
e) To collaborate with the Central Board in organizing the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of water pollution and to organize mass education programmers relating thereto
f) To inspect sewage or trade effluents, works and plants for the treatment of sewage and trade effluents and to review plans, specifications or other data relating to plants set up for the treatment of water, works for the purification thereof and the system for the disposal of sewage or trade effluents or in connection with the grant of any consent as required by this Act.
g) To lay down, modify or annul effluent standards for the sewage and trade effluents and for the quality of receiving waters (not being water in an 14 inter State stream) resulting from the discharge of effluents and to classify waters of the State.
h) To evolve economical and reliable methods of treatments of sewage and trade effluents, having regard to the peculiar conditions of soils, climate and water resources of different regions and more especially the prevailing flow characteristics of water in streams and wells which render it impossible to attain even the minimum degree of dilution.
i) To evolve methods of utilization of sewage and suitable trade effluents in agriculture:
j) To evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary on account of the predominate conditions of scant stream flows that do not provide for major part of the year the minimum degree of dilution:
k) To lay down standards of treatment of sewage and trade effluents to be discharged into any particular stream taking into account the minimum fair weather dilution available in that stream and the tolerance limits of pollution permissible in the water of the stream, after the discharge of such effluents.
m) To lay down effluent standards to be complied with by persons while causing discharge of sewage or sullage or both and to lay down, modify or annul effluent standards for the sewage and trade effluents;
n) To advise the State Government with respect to the location of any industry the carrying on of which is likely to pollute a stream or well.
o) To perform such other functions as may be prescribed or as may from time to time, be entrusted to it by the Central Board or the State Government.
11. Assistant Director, Fishery Department, Bhopal has submitted the affidavit with regard to the facts which is narrated as follows :
15"3. The Department of Fisheries‟ is specialized in promoting and monitoring fishing activities in the State of Madhya Pradesh. The answering department has own specialized laboratory and equipped with team of scientists for testing of water and types of fishes, breeding etc. It‟s respectfully submitted at this stage while taking soil sample in the instant case on dated 10.01.2020 by the BMC the replying respondent department was not taken into confidence therefore, cannot comment on the result or report submitted by the respondent/MPPCB and BMC.
4. The team of answering respondent has made spot inspection on 06.02.2020 of the lake. The inspection team has also sailed through boat with fishermen in the lake to check the validly of news report and the complaints. However, the answering respondent found no evidences of prohibited fishes and the complaint of the complained was found wrong and without any base. Further, it is submitted that the answering respondent department has also inspected the lower lake and found that, use of Lime, Super PS Probioring with the soil is not harmful for the water or fishing. In fact these chemicals are necessaries for cleaning the quality of water of the lower lake.
5. It is most humbly submitted that, the lower lake is extended over an area of more than 500 acres and fishing activities is carried out under department's guidelines on a specific portion of area. There are more than 18 open drainage are also entering into lower lake which impacts the water quality of lower lake, it's estimated that more than 5000 of all different sizes of idol immersed every year in the lake therefore, the quality of soil and water of the lower lake is not up to the mark leading to the deterioration of water quality. The bigger idol made of PP and use of colours contains harmful chemical which is insoluble in nature and ultimately pollute the water for a longer period. It is further submitted that use of chemical such as lime, chlorine etc. is necessaries for cleaning the water, survival and breeding of the fishes.16
6. The allegation made in the case is without any base or finding on any evidences, malice in nature, which is liable to be rejected against the replying respondent. It‟s noteworthy to mention here that the applicant is earlier blacklisted objectively due to forged and fabricated documents enclosed by him".
12. Heard the Learned Counsel for the parties and perused the record. The first issue as raised by the Director, Fisheries is immersion of more than 5000 idols, which is immersed, every year in the lake and therefore the quality of soil and water of the lower lake is not up to the mark, leading to the deterioration of water quality. The bigger idols are made of PP and use of colour contains harmful chemical which is insoluble in nature and ultimately pollute the water for a longer period. It has further been argued on the basis of affidavit submitted by the Director, Fisheries that use of chemicals such as lime, chlorine etc. is necessaries for cleaning the water, survival and breeding of the fishes.
13. The matter of immersion of idols was dealt with by this Tribunal in Original Application No. 38 of 2018, which was decided on 14.10.2020 are as follows :-
"1. By way of filing this application, the petitioner seeks direction to prohibit immersion of non-eco-friendly idols in water bodies. Reliance is placed on instructions of the Central Pollution Control Board to this effect. The Central Pollution Control Board has issued the guidelines for idol immersions on 18.06.2010. The guidelines referred to an order of the Bombay High Court dated. 22.07.2008 in PIL / WP (C) No. 1325/2003, Janhit Manch Vs. The State of Maharashtra and Ors. which directed the Central Government to laid down the guidelines.
The Central Pollution Control Board constituted the committee and suggested that the barricaded spaces in a river stretch should be identified for idol immersion. Waste 17 generated should be separately disposed of. Eco-friendly colours should be explored, natural material should be used, awareness programme should be initiated. The contents of the guidelines are quoted below:
"1.0 INTRODUCTION To worship God and Goddess generally natural things like Milk, Curd, Ghee, Coconut, Betel leaves and river water are used. Generally, Idols are made with clay or locally available materials and then coloured with natural materials like Chandan, Turmeric etc. The religious scripts, mythology and religious rituals have attempted to drive the importance of preserving nature by adoring it through the centuries. Bhagavadgita (9.26) states:
"Patram Pushpam phalam toyam, yo mey bhaktya prayachchati Tadaham bhakt yupahrutam asnaami prayataatmanaha" which means "If one offers me in pure consciousness with love and devotion a fruit, a flower, a leaf or even water, I delightfully partake of that offered article"
Traditionally, clay is used to make Ganesh idols. Over the years however, plaster of Paris (POP), which is lighter and cheaper, has become the favoured material to mould idols. POP contains chemicals such as gypsum, sulphur, phosphorus, and magnesium. The dyes used to colour these idols may also contain mercury, cadmium, arsenic, lead, and carbon. Plastic and thermocol accessories are used to decorate these idols. Such materials are not bio- degradable, hence are toxic when immersed in water bodies. Hence, need was felt to develop guidelines for idol immersion.
In the matter of Public Interest Litigation (PIL) / W.P.(C) No. 1325/2003 in the matter of Janhit Manch Vs. The State of Maharashtra & Ors., Hon‟ble High Court of Mumbai in its order dated 22/07/2008 has given the following directions to the Central Government:-
"We expect that the Central Govt. will consider laying down of guidelines for immersion of idols and would also consider related matters with regard to pollution of water bodies. Both the Union Government as well as the State Government shall consider it expeditiously because the time lost involving the pollution might prove dangerous for environment of the country in long run"
In pursuance to the directions of Hon‟ble High Court, Central Pollution Control Board (CPCB) constituted a 18 Committee under the Chairmanship of Chairman, Central Pollution Control Board, vide order No. A-22011/1/90- Mon, dated February 10, 2009. In the year 2009. The constituted Committee held meetings with the concerned stake holders and discussed the issues including designated identification of places for idol immersion in the river stretch, use of natural materials in "Pooja", mass awareness programmes to be initiated every year before commencement of all activities of worship and idol immersion. Subsequently, based on the recommendations of the Committee, in the year 2010, CPCB has finalized "Guidelines for Idol Immersion" and circulated to all the stake holders for ensuring its implementation. These guidelines have been prepared with a view to ensure environmental friendly idol immersion without affecting the quality of water bodies while ensuring religious observance. These guidelines emphasize the need for restriction on single use plastic materials for making idols, use of naturally occurring colors for coloring idols, imposing restrictions on size of the idol, construction of temporary synthetic lined ponds of adequate capacity, etc. During the last few years, there has been some developments in terms of substitutes for various materials used for idols making as well as disposal of idol immersions in temporary artificial designated ponds/tanks, earlier guidelines circulated by CPCB in the year 2010 has been revised after taking views of stakeholders specially emphasizing use of naturally occurring clay, colors in place of synthetic paints and chemicals for coloring idols, arrangement for the provision of temporary confined ponds or tanks for immersion of idols, imposing spot fine for violation of guidelines, safe disposal of solid wastes generated during visarjan/immersion activities, development of market system whereby manufacturers or craftsman or artisans themselves can buy back the idols for reuse and other aspects have been considered and incorporated appropriately as felt necessary. The revised guidelines for idol immersion are detailed in subsequent paras:
2.0 GUIDELINES FOR IDOL MAKERS- CRAFTSMAN ORARTISANS i. Idols made up of only natural, bio-degradable, eco-
friendly raw materials without any toxic, inorganic raw materials [such as traditional virtuous clay and mud as well as free from Plaster of Paris (PoP), plastic and thermocol (polystyrene)] should be encouraged, allowed and promoted and Idols made up of Plaster of Paris (PoP)shall be banned.
19ii. Only dried flower components, straw etc. for making ornaments of idols and natural resins of trees may be used as a shining material for making idols attractive.
iii. Use of Single use plastic and thermocol materials shall not be permitted strictly and only eco- friendly materials as straw structure should be used in making idols or decoration of idols/pandals/taziasin order to prevent pollution in recipient waterbodies.
iv. Use of toxic and non-biodegradable chemical dyes/oil paints for painting idols should be strictly prohibited. Enamel and synthetic dye based paints on idols should be discouraged instead eco-friendly water- based, bio-degradable and non-toxic natural dyes should be used.
v. For beautification of idols, removable and washable decorative clothes made only with natural materials and dyes shall be used in place of disposable material containing paints and other toxic chemicals. Only naturally occurring colors from plants (flowers, barks, stamens, leaves, roots, seeds, whole fruits), feathers of different birds, mineral or colored rocks shall be used for coloring.
vi. Craftsmen or artisans or manufacturer involved in making idols should be registered with the civic bodies, and should involve in making eco-friendly idols in accordance with these guidelines. In case of Large Scale Idol manufacturers (at least involved in making more than 100 idol sin a day) shall obtain registration from the concerned ULBs (registration fee along with a deposit as decided by the ULB depending on the idol making capacity) and failing to comply with these guidelines or any violation of registration conditions, the deposit shall be forfeited by the ULBs apart from prohibition of idol making at least for two years.
vii. In the interest of protection of the environment, the craftsman or artisans prefer to adopt innovative approaches (Eg., use of natural clay, pyramid of sugarcane sticks that represents the pandals, natural clay mixed with alum for making idols (on disintegration of idol made out of mud mixed with alum in water, then alum act as a coagulant) in consultation with the concerned State Pollution Control Board (SPCB)/Pollution Control Committee (PCC).
203.0 GUIDELINES FOR POOJA ORGANISINGCOMMITTEES i. As far as possible, low height and eco-friendly idols (made with natural clay, idols stuffed with eco-friendly food materials such as corn, spinach, wheat and vegetable powder), idols decorated with biodegradable, organic colours such as turmeric, chandan and gerua etc., (list of natural, bio-degradable and non-toxic annexed as Annexure-I) only should be used for offering poojas to avoid impact on environment.
ii. Use of cleaned multi-use metallic or glass or plastic utensilsis ideal choice, especially when such material is available from utensil banks. Only biodegradable plates such as Patravalior Pattalor Vistaraku or Vistaror Khali or trencher made with broad dried leaves such as Areca/Banana/Banyan/Sal leaves, biodegradable paper cups/plates and earthen pots may be used in place of single use plastic and polystyrene (Thermocol) for prasad distribution and other purposes.
iii. Worship material like flowers, Patri (leaves), vastras (clothes), decorating materials (made of paper and bio-degradable or compostable plastic but not single use plastic) etc. should be ensured to remove before immersion of idols and segregated in colour coded bins provided at the designated idol immersion areas/spots.
iv. In the interest of protection of the environment, Pooja Organizing Committees should procure eco- friendly idols only from the respective ULBs registered or authorised craftsman or artisans.
v. Pooja Organizing Committees should seek prior permission from concerned ULB as the case may by providing management plan and the required provisions (as per the format to be issued by the ULBs) for ensuring safe idol immersion during festival season well at least one month in advance for making necessary arrangements in consultation with the concerned departments.
4.0 ROLE AND RESPONSIBILITIES OF THE LOCAL AND URBAN AUTHORITIES i. Licenses/permits may be granted by the Local and Urban Bodies within the respective jurisdiction to only those Idol manufacturers or makers or craftsman or artisans who uses only eco-friendly 21 natural clay materials (but not PoP or baked clay) in making idols, prior to festive times. Revised Guidelines for Idol Immersion 5 Also, large scale manufacturers (involved in making idols more than 100 in a day) shall obtain registration from the concerned ULB along with the prescribed fee and a deposit (as decided by the ULB depending on the idol making capacity). Registered idol manufacturer or maker or craftsman or artisan failing to comply with these guidelines or any violation of registration or permission conditions, registration or permission granted shall be cancelled apart from prohibition of idol making manufacturer at least for two years and in case of idol manufacturer, the deposit shall be forfeited by the respective ULB.
ii. While granting licenses or permits to the idol makers a list of permitted and non-permitted substances to be used for making/coloring/decorating idols may be provided to the Idol makers or craftsman or artisans.
iii. Only registered or licensed idol maker or craftsmen or artisans should be strictly allowed to make idols within the jurisdiction of the respective Urban and Local Bodies as the case may be, in accordance with these guidelines.
iv. As far as possible, instead of immersion of idols in water bodies, all the resident welfare associations or individual households in a city or town should be encouraged to create temporary ponds/tanks of suitable size and adequate capacity with necessary provision for collection and storage of segregated waste prior to immersion, and public should be involved for immersion of idols in such temporary/artificial ponds/tanks made by the resident welfare association or individual household within their campus itself. The waste generated from designated idol immersion activity sites shall be collected and disposed of safely by the ULBs within 24 hours of completion of the idol immersion activity.
v. Arrangements for temporary artificial idol immersion ponds or tanks in close vicinity of the public or on the banks of water bodies with all necessary safety provisions and waste collection centres prior to idol immersion should be arranged for ensuring safe idol immersion during festive season, by the concerned ULBs in association with the other departments as well as Pooja Organizing Committees.
22vi. The temporary „Idol Immersion Ponds/Tanks with the liner made with well graded/highly impervious clay or eco synthetic liner should be arranged at suitable locations including on the banks of rivers or stagnant water Revised Guidelines for Idol Immersion 6 bodies such as ponds or lakes shall be cordoned off and barricaded by ULBs and with all other necessary provisions keeping in view safety of the public (such as proper access, approach roads, sign boards, fire safety measure, barricades, designated space for keeping idols prior to immersion, suitable plat form with crane provision for idol immersion).
vii. In the interest of protection of environment, Urban and Local bodies (ULBs) shall impose restrictions on height of the idol to the idol making agencies or manufacturer or craftsman or artisans (as lesser the size of the idol better would be the immersion process and less consumption of materials required for making idols) depending on the availability of water bodies, provisions made for idol immersions by the ULBs.
viii. Waste collection centre in the vicinity of the designated temporary/artificial idol immersion sites or locations should be arranged for ensuring collection of segregated materials (such as flowers, leaves, decorating materials etc.,) prior to idol immersion. All waste collection centres should have a provision of colour coded bins of adequate size for collection and storage of segregated materials.
ix. Also, all the collected and segregated materials should be transported and disposed of periodically or within 24 hours of completion of idol immersion in accordance with the prevailing provisions of Solid Waste Management Rules 2016, as amended notified under the Environment (Protection) Act, 1986 (i.e., Reusable clothes may be sent to local orphan homes for reuse, bio-degradable materials for composing and non-biodegradable materials for ultimate disposal in sanitary landfills by the concerned Urban or Local Authorities, as the case may be).
x. After completion of the idol immersion ceremony, within 24 hours, the liner material shall be removed and the temporary pits or tanks should be filled with native soil and leveled properly. Other disposable materials shall be managed in accordance with these guidelines (i.e., Clay, Bamboo and wooden 23 logs, if any may be reused). The straw structure materials recovered from designated temporary or artificial immersion areas or spots shall be retrieved and processed for converting into organic manure.
xi. Public should be educated on aspects relating to procurement of eco-friendly idols only from the licensed or permitted idol makers or craftsman or artisans, location details of idol makers, type of materials to be used for ill effects of immersion of idols/Taziasin the holy water bodies Revised Guidelines for Idol Immersion 7 and the existing guidelines for idol immersion through mass awareness programme.
xii. Immersion of Tazia during Muharram should be performed in Eco- friendly manner.
xiii. Local Bodies /Urban Bodies/District Authorities should make efforts to identify and arrange adequate number of designated temporary or artificial immersion ponds or tanks in consultation with River/Pond Authority, Port Authority, Water Supply Board, Irrigation Department and other concerned State/UT Departments, in the close vicinity of the public colonies (such as open grounds) to avoid overcrowding at the water bodies and also to reduce pollution load on receiving water bodies. In case, the designated temporary artificial ponds or tanks are required to be arranged on the bank of the river, in such a case, it should be arranged at suitable places where flow of river/ stream is not harmful to the public, does not inundate in case of increase in flow of river during idol immersion period and river is cordoned off and barricaded suitably to avoid any loss of life specially during immersion activities.
xiv. A co-ordination Committee comprising local Police Department, Non- Government Organizations, Local Authorities, SPCB/PCC, representatives of pooja organizing committees and other concerned stakeholders may be set up for guiding the public in carrying out the immersion without affecting environmental damages to the water bodies.
xv. To ensure safe immersion of idols during festive season, ULBs should deploy adequate number of staff at all the designated idol immersion spots under overall supervision of the nodal officer to be designated by the concerned ULBs. The Nodal 24 Officers also should co- ordinate with the coordination committee constituted by the ULBs.
xvi. Details regarding arranged designated temporary or artificial immersion spots or areas need to be notified and public as well as pooja organizing committees preferably at least one week in advance of idol immersion through electronic and local media in vernacular language.
xvii. Sanitary workers shall also be deployed at all the temporary immersion sites for ensuring removal of bio-degradable items like flowers, leaves, clothes, ornaments etc. prior to idol immersion at the designated areas. ULBs shall provide separate colour coded bins for collection and Revised Guidelines for Idol Immersion 8 segregation of biodegradable and non-biodegradable wastes at immersion spots.
xviii. Littering or burning of solid wastes comprising of used flowers, clothes, decorating materials, recovered material such as Bamboo and wooden logs, straw structures etc. so generated at the immersion sites or on the banks of water body should be prohibited strictly.
xix. In case of immersion of idols in rivers, lakes and ponds is inevitable, arrangement may be made for construction of adequate capacity temporary confined areas at designated places with earthern bunds for the purpose of immersion of idols atleast 50 m away from the waterbody. Temporary immersion ponds shall have a free board of at least 50 cm. Temporary ponds should be constructed with impervious liner (made with well graded/highly impervious clay or eco synthetic liner) with a provision of adequate landing platform for keeping the crane for idol immersion. Water in the temporary or artificial immersion ponds or tanks may be drawn from the nearby water body. After completion of immersion, only supernatant water may be allowed to flow into river/pond/lake, as the case may be, after checking for colour and turbidity as per BIS specification for Drinking Water IS 10500:2012. Natural coagulants shall be used for pretreatment of wastewater mainly composed of polymers of natural origin extracted from plants, algae or animals. Among these are polysaccharides and water soluble substances that act as coagulation and / or flocculation agents, include microbial 25 polysaccharides, starches, gelatin galactomannans, cellulose derivatives, chitosan, glues, and alginate.
xx. Concerned ULB Authorities also should consider option of construction of permanent cemented large sized artificial tanks for immersion of idols/Tazias at suitable places for a village or town or city to avoid direct immersion of idols into lakes/rivers/ponds/sea.
xxi. Proper Sign Boards showing location of temporary idol immersion ponds/tanks, route charts to be provided at all salient points and also create awareness through local newspapers/electronic media in vernacular language, at least one week in advance at all the salient points by the ULBs.
xxii. The Pooja Organizing Committees/Local or Urban Bodies/ District Authorities be involved in organizing a public campaign on the ill effects of Revised Guidelines for Idol Immersion 9 the toxic components of coloring materials, not only of the idols, but also other decorating materials used during the festive season, for immersing (visarjan) the idol or „pratima‟ or tazias only in designated temporary artificial ponds or tanks. Specific leaflets and poster for mass awareness may be prepared in vernacular languages and displayed at salient points. Further, the Pooja committees/Local or Urban Bodies/ District Authorities also be persuaded to display such posters and distribute leaflets among worshippers involving Eco Clubs, NGOs, Education Institutes/Universities and Schools.
xxiii. Idol makers, pooja Committees may also be awarded for promotion of clay idols made with natural colors, consistent awareness for ensuring compliance to these rules. Imposing Spot fine for violation of these guidelines also be practiced by the Local and Urban Authorities.
xxiv. ULBs also shall make arrangements for movable artificial tanks to reach residential welfare societies where people can do idol immersion without crowding and polluting the water bodies to avoid uncontrolled crowd conditions at Ghats during idol immersion and also to avoid accidents that may likely to happen at the time of idol immersion in rivers, lakes and ponds.
xxv. Management of idol waste and treatment of polluted water from the designated temporary Idol Immersion 26 ponds or tanks should be carried out as detailed below:-
a. Practices that would lead to some economic benefits like returning the visarjit idols to the idol maker or management of solid wastes generated during visarjan activities in different localities for household as well as large community festivals shall be ensured in accordance with the prevailing rules by the Local/Urban bodies. As far as possible, only non-recyclable/non-biodegradable/ non- recoverable materials should be disposed of in sanitary landfills by the Local/Urban bodies.
b. Community festivals with large idols should be given permission by ULBs only when the organisers submits a detailed management plan prepared in line with the prevailing rules or by the guidelines issued from time to time on environmental management charge basis to be decided by the Local/Urban Bodies. The bamboo scaffolding/metal sub structure on which large idols are built shall be reused as far as possible and may be collected separately from the degradable remains. c. The charges of hiring/outsourcing agencies to clean-up the wastes from the designated idol immersion sites should be collected as „visarjan charges‟ from every individual citizen or community. The visarjan charges collected should be utilized to clean-up the visarjan sites, to manage polluted water from the artificial temporary tank/ponds and for environmentally sound management of e solid remains of idol, etc. The waste water collected from the designated temporary artificial ponds/tanks after ensuring on- site pre-treatment shall be discharged into or public sewers leading to the Sewage Treatment Plants (STPs)/ Common Effluent Treatment Plants (CETPs).
d. Disintegrated material/Non-biodegradable materials shall be dealt as per provisions of the Solid Waste Management Rule 2016, as amended.27
5.0 GUIDELINES FOR IDOL IMMERSION IN RIVERS, LAKES ANDPONDS i. As far as possible idol immersion in Rivers/Ponds/Lakes shall be encouraged only at specific designated artificial confined tanks/ponds with liner made with well graded/ highly impervious clay or eco synthetic liner, on the banks shall be promoted.
ii. A temporary artificial tank or pond with liner made with well graded/highly impervious clay or eco synthetic liner (HDPE), and having earthen bunds on the bank of the river/lake/pond shall be created for Idol Immersion by the concerned ULBs. Temporary artificial tank or pond.
In case of immersion of idols in rivers, lakes or ponds is inevitable, a designated location (having proper approach, access, corner portion of a river/pond/lake, having shallow depth of water in river or lakes or ponds) should be identified and safety provision preferably steel or wooden barricades shall be made by concerned ULBs.
iii. All the flowers, leaves and artificial ornaments of idols should be removed prior to immersion of idols and only such idols may be immersed in a designated place provided with safety provisions.
iv. Lime or alum or any other equivalent coagulant should be added in designated temporary lined pond/tank as pre-treatment option for ensuring settling of solids. After completion of immersion, only Revised Guidelines for Idol Immersion 11 supernatant water may be allowed to flow into river/pond/lake, as the case may be, after checking for colour and turbidity as per BIS specification for Drinking Water IS10500:2012.
v. Post immersion, with remains of idols and activities such as desludging of the designated area should be undertaken and ensured its disposal as per Solid Waste Management Rules 2016 as amended thereafter, within 24 hours by the concerned ULBs, as per these guidelines.
6.0 GUIDELINES FOR IDOL IMMERSION INSEA i. In case of Idol immersion in sea, immersion may be done between low tide line (LTL) and high tide 28 line (HTL) (irrespective of its depth) and only at designated areas identified by the Coastal Zone Management Authorities in the States/UTs. The low-tide line and high tide lines may be identified and marked well in advance by the ULBs in consultation with the concerned authorities.
ii. Immersion of Idols in High Tide Line (HTL) & Low Tide Line (LTL) into the sea may be permitted only in Non-Eco-Sensitive Areas earmarked previously in consultation with all the concerned agencies approved by Govt. of India for demarcation of HTL, LTL, Eco-sensitive area etc. iii. Concerned authorities in State Govt./UT Administration dealing with safety & security in coastal areas shall take care of the necessary arrangements such as Motor Boats with security personnel/home guards with adequate safety equipment be deployed to supervise idol immersion activities during festive season.
7.0 GUIDELINES FOR IDOL IMMERSION BYHOUSEHOLDS i. Individual households should be encouraged to use only eco-friendly idols made of natural clay and bio-degradable materials as decorative and pooja materials.
ii. As far as possible, immersion of small idols should be done at their homes in eco-friendly manner i.e., in a bucket filled with water and idol be kept in immersed state until it dissolves completely. After settlement of settleable and colloidal solids (if required alum powder or any other equivalent coagulant may be mixed and stirred vigorously using a stick at least for 30 seconds and thereafter slow mixing at least for 30 seconds and Revised Guidelines for Idol Immersion 12 then allowed to settle), the supernatant liquid may be used either in gardening or discharged in a drain. Settled mud can be dried and then reused further for future idol making or may be used in gardening as soil).
iii. In case, individual households intend to perform idol immersions, then idols should be immersed only in the designated on-land temporary artificial ponds or tanks located nearby or artificial movable tanks arranged by the ULBs.
298.0 ROLE OF STATE POLLUTION CONTROL BOARDS (SPCBs) IN STATES & POLLUTION CONTROL COMMITTEEs (PCCs) IN UNIONTERRITORIES
(i) Concerned State Pollution Control Board (SPCB) in the State/Pollution Control Committee (PCC) in the Union Territory Administration should conduct water quality assessment of the water bodies, preferably in Class- I cities (having population more than one lac), at three stages i.e. Pre- immersion, during immersion and post-immersion. During post-festival, samples should be collected preferably after 3 rd, 5 thand 7th and 9 today of the festival.
(ii) Considering the size of water body, appropriate number of sampling locations may be determined in order to get a fairly representative assessment of water quality during the afore-said periods. Sampling should be done at least 100 m away (downstream side in case of flowing water bodies- rivers) from the immersion site/location to avoid turbulence effect. For ascertaining water quality, Physico-chemical parameters such as pH, DO, Color, BOD, COD, Conductivity, Turbidity, TDS, Chloride, TSS, Hardness, Total Alkalinity and Metals (such as Chromium, Lead, Zinc, Copper, Cadmium, Mercury, Antimony, Barium, Cobalt, Manganese, Strontium) may be analyzed. Apart from the water samples, sediment samples also be collected during pre-immersion, during immersion and post-immersion and collected sediment samples be analysed for the metals (such as Chromium, Lead, Zinc, Copper, Cadmium, Mercury, Antimony, Barium, Cobalt, Manganese, Strontium)
(iii) Detailed reports should be posted on the SPCBs/PCCs website in public domain and also shall be shared with Ministry of Environment, Forest and Climate Change (MoEF& CC), Ministry of Jal Shakti (MoJS) and CPCB, within two months of completion of last sampling conducted for a particular festival.
(iv) SPCBs/PCCs shall help ULBs and District Administration in preparing mass awareness purposes as well as to assess innovative approaches for eco-friendly idol making by the idol makers or craftsman or artisans."
3014. Accordingly, the guidelines contain that idols should be made from natural materials, painting of the idols should be discouraged, worship material should be removed before immersion. Non-biodegradable material should be separately collected and disposed, public should be educated on ill effects of idol immersion in water bodies. The direction has also been issued by this Tribunal in Original Application No. 06 of2012, Manoj Mishra vs. Union of India prohibiting worship material being dumped into the river Yamuna except on a designated site with a further direction that the person disobeying the same will be liable to pay environmental compensation of Rs. 5000/- on „Polluters Pays‟ principle). There can be no doubt that for protection of environment statutory authorities have to take appropriate steps and non-eco- friendly idols should not be immersed in the water bodies. Whether a particular individual is engaged in doing so and is liable to be prosecuted is to be considered in a fact situation based on tangible material. General allegations that the law is violated may be ground to alert the authorities or direct the authorities to take steps in the matter. The guidelines of Central Pollution Control Board are already in existence. Such guidelines will statutorily bind the State Pollution Control Boards. Wherever, there is an apprehension of violation, an individual can certainly approach the concerned State Pollution Control Board".
15. In the case of Narmada Mission vs. State of MP decided on 18.09.2013 Hon‟ble the High Court directed that the guidelines issued by the Central Pollution Control Board be followed and in compliance thereof, the Govt. of MP Department of Urban Administration and Development Mantralaya, Vallabh Bhawan, vide letter dated. 7th September 2013 had directed all the Collectors, Commissioners and all Chief Municipal Officers to comply the order and issue detailed guidelines regarding immersion of idols in rivers and water bodies. In the light of aforesaid guidelines, it is necessary that the immersion of idols is to be done with scientific method in a separately constructed tank by making coordination with the local organising committee. It is necessary for the State to implement a working plan for immersion of solid waste, food, and pooja articles on the religious functions. For preventing immersions of polluting particles in the river, it is necessary to make awareness in the public in general in this regard.
16. In the matter of Dhondiba S/O Irba Namwadvs State of Maharashtra, decided on 27 February, 2020, it was held that:
31"11. Ganesh idols were dumped at the garbage yard after day long immersion proceedings were held on the last day of ten days Ganesh festival. Every year Hindus celebrate Ganesh festival which starts on the day called "Shri Ganesh Chaturthi" and it falls in the month of "Bhadrapada" as per Hindu calendar. It is believed that on the day of Shri Ganesh Chaturthi, which is forth day of 15 days of waxing moon or brighter lunar cycle of Bhadrapada month, Lord Ganesh, present as attributeless and formless Supreme reality in the area of Kailash Parvat (a mountain peak in celestial Himalaya) descends on earth along with his mother Goddess Parvati/Gauri. Hindus believe that with him Lord Ganesh brings happiness, prosperity and peace on earth and stays on earth, occupying houses of various Hindu householders and receiving worship and hospitality from devotees and showering His blessings on devotees for 10 days. Hindus also believe that after completion of 10 days of stay and hospitality, time of departure of Lord Ganesh to His heavenly abode arrives and this day is called "Anant Chaturdashi", which is the fourteen day of 15 days of waxing moon or brighter lunar cycle. 3 On this day, Hindus believe, Lord Ganesh bids adieu to them, after granting their wishes and promises to return to them, as and when invited.
For some Hindus departure day could be earlier as well although arrival day is the same day for all Hindus.
12. The arrival of Lord Ganesh on the day of "
Shri Ganesh Chaturthi" and departure of Lord Ganesh on the day of "Anant Chaturdashi" are announced formally and made complete by 32 instilling prana or life force into idol of Lord Ganesh on the arrival day and withdrawing it from the idol on the departure day. For this purpose an idol of Ganesh is made, usually of clay or some other organic eco-friendly material, made at home or brought from a market which lends a physical form to Lord Ganesh and it is ceremonially installed at some holy place, already designated for the purpose, on the arrival day. Similarly, the idol is ceremonially de installed on the day of departure of Lord and immersed in some clean and pure water body. Such ceremonial installation and de-installation of idol of Lord Ganesh have their own significance as these two events signify assuming of life form, which is sagun or full of three basic attributes and sakar or having a form perceptible to senses and faculties, by Lord Ganesh and giving up or shedding of life form by Lord Ganesh respectively.
13. Assuming of life form and shedding it by Lord Ganesh has its relevance for the image of Lord Ganesh a Hindu generally understands according to fundamental tenets of Hinduism. In Shri 901-apl 192-16.odt 10/30 Ganpati Atharva Shirsha, a late Upanishadic text 4, Lord Ganesh has been eulogisedas Absolute or Supreme reality pervading the whole Universe having omnipresence, omniscience and omniportence.
Lord Ganesh is beyond three gunas or qualities, satva (goodness, creative), rajas (action, sustaining) and tamas (darkness, destructive) of which the physical world is made; Lord Ganesh transcends threestates of bodily consciousness, jagrut (awake), sushupti (deep sleep) and swapna (dream); Lord Ganesh is formless or beyond the three forms of bodies of human being, sthulasharir (gross or physical 33 body), sukshma sharir (subtle body) and anandmay kosha (causal body); Lord Ganesh is timeless or transcends three states of time, past, present and future. It is this perception of Lord Ganesh by Hindus which underlines the importance of taking on of life like character or form by Lord Ganesh during 10 day long festival and shedding it by Lord at the end of the festival. Assuming the life form and shedding it by Lord Ganesh, who is otherwise for full text see Atha Ganapatyatharvashirsham, given in Shri Vratodypan Chandrika by Shastri Tuljashankar Pandya, pp. 12-14, published by J.B. Boda & Co. Mumbai, Edn. 1996. Nirgun (attributeless) and nirakar (formless), makes a devotee feel near him actual presence of Lord during 10 days of festival thereby enabling him to focus his worship and devotion on an object he could hold sacred to his heart.
14. Taking on of life form and leaving of life form by Lord Ganesh, however, does not happen just by casting an idol or bringing an idol from the market, placing it at its designated place and then removing it from that place and immersing it in some water body. They are not the processes which take place on their own and automatically. They are the processes induced by invocations made to Lord Ganesh by performing elaborate rituals and chanting suitable hymns or mantras prescribed in Hindu scriptures. Without chanting of specific hymns and performance of elaborate rituals, no idol of Lord Ganesh can be said to have come alive in life form from the day of arrival and onwards till the departure day of Lord Ganesh. On the departure day also, chanting of sacred hymns or mantras and performing of rituals is necessary so as to enable Lord Ganesh shed 34 His life like character. On the day of departure, the idol of Lord Ganesh is required to be de- installed and disposed of by the last ritual called Visarjan, which is done by chanting prescribed mantras followed by consigning of the idol into a clean water body. On its immersion, what is expected to happen is the disintegration of 901-apl 192-16.odt 12/30 immersed idol into fine particles and its complete merger with the earth elements. Such ceremonial installation of physical figure of Lord Ganesh is what makes it sacred for Hindu sand similarly such ceremonial de-installation of the idol of Lord Ganesh along with its immersion in water body is what makes it an object no longer held sacred by Hindus. If this were not so, there would not be any ceremonial installation and de-installation coupled with immersion in water body of the idol of Lord Ganesh.
15. There are bespoke hymns or mantras for both installation and de-installation ceremonies of Idol of Lord Ganesh given in Hindu texts and they support what we have earlier. On the day of departure, time for giving up of life character by Lord Ganesh comes. On this day, the idol of Lord Ganesh is ceremonially de-installed and its Visarjan done by releasing it into a pure and clean water body. Hymns are chanted and certain rituals are performed and they are called " Devata Visarjan Rituals". They symbolize withdrawal of life force from idol of Lord Ganesh so that Lord can embark upon His celestial journey back to Kailash Mountain after enjoying His stay on earth and whole-heartedly blessing His devotees. There are again bespoke hymns prescribed in Hindu texts for completing de- installation or Visarjan rituals.
16. These hymns or mantras clearly show that 35 idol of Lord Ganesh or for that matter idol of any other Hindu God when ritually established and ritually released or consigned back to earth elements is held sacred from the day of its formalistic establishment, remains so as long as the festival lasts and looses its character of sacredness on the last day of festival after Visarjan rituals are performed on the enchantment of purpose-specific mantras in a formal way. Pran- pratisthapana or installation rituals signify assuming of life character by Lord Ganesh and Visarjan or de- installation rituals mark giving up by Lord Ganesh of His physical body and entering into ethereal form, 901-apl 192-16.odt 15/30 leaving behind His physical remains which are no longer held sacred by the devotees. Visarjan is finally done by releasing the idol of deity, in the present case, Lord Ganesh into a clean and pure water body and as the idol is usually made up of clay, or any other organic and bio- degradable material, the idol, owing to reaction of clay or the bio-degradable material to forces of water, disintegrates into finer particles or dissolves in water and thus, merges with earth elements.
In this way, upon Visarjan physical form of Lord Ganesh disappears and there remains nothing to be seen as any physical object resembling idol of Lord Ganesh.
17. Such disappearance of physical form of Lord Ganesh upon Visarjanwas the norm in the past when clay material was available in abundance and easily and when other bio- degradable materials also used to be preferred. Modern times, which have brought comfort and convenience to human beings, however, are replete with their own kind of discomforts and 36 disgraces. In the time we are living in today clay idols of any deity including Lord Ganesh have become scarce, and costly and other bio- degredable materials have lost their charm. Now, humans have resorted to those materials which are available easily and cheaply and which make it possible for sculptors to cast more attractive idols. One of the most popular alternate materials for casting of idols of deities is Plaster of Paris 901-apl 192-16.odt 16/30 (called "PoP" for short). This material has of late become very popular with idol makers and devotees. Now a days, increasingly idols of Lord Ganesh or for that matter idols of any other deity installed temporarily in Ganesh or other religious festivals are being made in PoP and this has given rise to several issues, and one of which is damage to environment. How does it happen? Let us see.
18. PoP is produced by heating gypsum rock at 150 - 165 degree celsius which process makes gypsum partially dehydrated. When PoP is mixed with water, it begins to solidify and quickly sets into a hardened mass of gypsum or calcium sulphate dehydrate. It does not shrink or crack when dry. It is these properties of PoP which have made it a popular material for casting idols and other purposes. Before it is turned into a hardened mass, the paste or dough of PoP can be worked on and given different shapes and soon it becomes a hardened mass retaining the shape it is given. In this way idols are made using PoP.
19. Difficulty with PoP is that once it gets hardened completely, it can hardly be dissolved or disintegrated into fine 8 Karni, Joseph." Gypsum in construction : origin and 37 properties". Materials and Structures 28, no. 2 (1995): 92-100 9 Article Title: Plaster of paris Website Name: Encyclopaedia Britannica Publisher: Encyclopaedia Britannica, Inc. DatePublished:09February2018 URL:
https://www.britannica.com/technology/plast er-of-paris 901-apl 192-16.odt 17/30 particles by its submergence in water as it has a very low solubility in water. Its solubility in water has been calculated to be at the rate 0.067moles/liter=9.72505 grams/liter. With such low solubility of just about 10 grams/liter it is no surprise that PoP made idols after their formalistic Visarjan or dipping in water body retain their original shape for long periods of time and resemble the form of God which was previously held sacred during festival time by the devotees. These idols having been formally and ceremonially consigned to water by the devotees are already devoid of any character of life and any sacredness and in whatever shapes they continue to appear, they are not any different from usual earth elements. Such objects, though resembling a figure of God, in the present case the objects resembled figure of Lord Ganesh, are not and were not held sacred in any manner by the devotees or any class of persons, with the devotees having released the sacredness alongwith consignment of the idols in a ritualistic manner to water.
28. However, we find it necessary to highlight a larger issue arising from this case. The issue relates to pollution and degradation of our water bodies and natural environment contemporaneously with unpleasant sight of non-
disintegrated Ganesh idols lying all over the garbage grounds across Indian cities, towns and villages. These idols even after their ritualistic consignment to water bodies do not dissolve or 38 disintegrate for almost their whole parts retaining substantially their original forms, mostly due to use of PoP, a non- biodegradable material. It is the use of material such as PoP for casting Ganesh idols or any other God's idols, which has created multi layered problems harming sensibilities and sentiments of individuals belonging to a particular religion and also bringing in it's wake massive damage to our water bodies and environment in general. PoP waste on its entering into natural environment such as rivers, lakes, wells and ponds causes water pollution, skin irritation and threat to acquatic life forms life fishes. Wafia Masih, Principal Scientist at CSIR- National Chemical Laboratory, has opined "The immersion of POP idols causes direct harm to the environment. Gypsum is the main ingredient responsible for water hardness and pollution of water bodies." She has also found that these idols get stuck in water work installations, intake wells etc., and they block the natural flow of waterbodies leading to stagnation. Stagnation of waterbodies is very harmful to environment. Stagnant water bodies are different from still lakes, ponds, wells etc. as in the former oxygen level in water is on depletion and whereas it is not so in the latter kinds owing to live acquatic activity and development of waves and currents. Stagnation affects adversely acquatic life like fishes, shells, crabs, water plants etc., possibly leading to their slow deaths dueto suffocation resulting from low dissolved oxygen level. Healthy acquatic life is essential for maintaining steady supply of clean and fresh drinking water as pathogens like malarial or dengue parasites, (Rapid and greener method for utilization of Plaster of Paris(POP) waste generated from biomedical samples) G.R. Navale, K.N. Gohil, K.R. Puppala, S.S. Shinde, 39 S. Umbarkar, M.S. Dharne, International Journal of Environmental Science and Technology (https://doi.org/10.1007/s13762- 018-2070-7) Eco-friendly Idol Immersions" by Wafia Masih, published in 23 Science Reporter, August 2017, Ibid 901- apl192-16.odt26/30 coliform bacteria, amoebae etc., are consumed as food by fishes. This helps in keeping our water bodies clean preventing them from turning into mosquito and pathogens breeding grounds. So, now a need has arisen for the appropriate Government to bring in legislation to prohibit use of PoP made idols of deities including of Lord Ganesh in various religious festivals and till this happens, to regulate disposal of PoP idols at the end of these festivals. Dr. Mohan Dongare and Dr. Shubhangi Umbarkar, Scientists, CSIR-NCL, have found an eco-friendly disposal method for PoP made idols. They identified ammonium bicarbonate (ABCfor short) as a suitable chemical agent for disintegration of the idols. They also found that when idols are dipped into ABC solution, they dis-integrate quickly and the resultant aqueous solution can be directly utilized as plant fertilizer and the sludge can be used as additive for building materials. Cabral, João (October 10, 2010).
"Water Microbiology. Bacterial Pathogens and Water".
International Journal of Environmental Research and Public Health. 7: 3657-703. doi:10.3390/ijerph7103657.PMC2996186.P MID21139855 (sourced from Wikipedia) and Article entitled, "Effects of idol immersion on the water quality parameters of Indian water bodies:
29. Apart from prohibiting the use of PoP made idols in religious festivals, it is also 40 necessary for the appropriate government to prohibit use of oil paints and synthetic colours for painting and decorating all kinds of idols, whether made in clay or PoP or some other material as the oil or synthetic paints cause high level of damage to the environment. They pose serious threat to acquatic life and environment. They contain heavy metals like mercury, cadmium and lead which are neurotoxic and nephrotoxic and have bio-accumulative properties, which means once they enter-acquatic life forms like fish, they continue to be in the food chain and end up in the food that we eat. The appropriate government, therefore, may give a serious thought to prohibiting use of oil and synthetic paints for colouring and decorating water immersible idols used in religious festivals by framing suitable rules.
30. All said and done, there can be no satisfactory solution without peoples 'participation in keeping the environment safe, clean and healthy. Under article 51-A (g) of the Constitution of India, a duty has been cast upon every citizen of India to protect and improve natural environment including forests, lakes, rivers and wild life. It would, therefore, be a welcome gesture by citizens of India if they change their mindset and only go for eco-friendly idols made in biodegradable materials like clay, food grains, sandal paste, flour, hay etc., and avoid non-biodegradable idols made in PoP and also avoid those idols which are painted and decorated in toxic oil paints. A large scale awareness is required to be created amongst masses. Central Government can do so by using its power under Section 3 of the Environment (Protection) Act, 1986. Central Government can also 41 take recourse to its powers under the said Act to prohibit and regulate various activities hazardous to environment, which relate to use of non-biodegradable idols decked up in oil and synthetic paints in religious festivals. Awareness campaign can also be launched and regulatory measures taken by the State Governments. We are also of the view that a comprehensive legislation to prohibit and regulate manufacture and use of immersible idols of various deities in religious festivals is the need of the hour, cry of our pristine water bodies and clarion call of nature.
31. We conclude our discussion on the need for protecting environment by making a formal appeal to the State. We request the Central Government and also the State Government to take necessary steps in the matter for creating suitable awareness amongst the citizenry regarding hazards involved in use of PoP idols and oil painted or synthetically decorated idols of Gods and Goddesses in various religious festivals. We further request appropriate Government to enacted comprehensive legislation putting in place suitable prohibition sand regulations as suggested earlier in the matter of use of PoP made idols and use of oil paints and synthetic colours in shading and decorating all idols, used temporarily in various religious festivals."
17. Accordingly, we direct that the report submitted by the Director, Fisheries must be taken into account by the authorities concerned and the Bhopal Municipal Commissioner and guidelines issued by the Centre Pollution Control Board with the immersion of idols must be strictly observed. A balance between the human activities and human 42 conduct with human life must be maintained and the act which is the dangerous to the human life should be taken into account with all precautionary measures. If any chemical or PP which is harmful to the life is dangerous then the pollution of water by throwing or immersion of idols or pouring in the water bodies will indirectly affect the human health and also the life of fisheries and birds also.
18. The next issue which has been raised in this application is discharge of untreated water into the water body of the lake. This issue has already been dealt with by this Tribunal in Original Application no. 17 of 2018 (CZ) the relevant portions are extracted are as below :-
"15. We have two things, sovereignty of the State and the doctrine of public trust. We have to make a balance between the two though the State has every authority to utilize the land but Public Trust Doctrine says that the property of the public should be utilized for the public purposes and not for the private purposes. The waterbodies, lake, air and land all these are the public properties and should be made available to all for maintaining the health and environment. This Doctrine of public trust and precautionary measures was discussed in public interest litigation no.87/2006; Bombay Environmental Action Group Vs. State of Maharashtra 2018SCC online Bombay 2680.2019(1) Bombay CRI and it was held as follows:-
"Apex Court observed thus:
"2. The Indian society has, form any centuries, been aware and conscious of the necessity of protecting environment and ecology. Sagesandsaints of India lived in forests. Their preachings contained in vedas, upanishads, smritis, etc. are ample evidence of the 43 society's respect for plants, trees, earth, sky, air, water and every form of life. The main motto of social life is to live in harmony with nature. It was regarded as sacred duty of everyone to protect them. In those days, people worshipped trees, rivers and sea which were treated as belonging to all living creatures. The children were educated by elders of the society about the necessity of keeping the environment clean and protecting earth, rivers, sea, forests, trees, flora, fauna and every species of life."
"The ancient Roman Empire developed a legal theory known as the "doctrine of the public trust". It was founded on the premise that certain common properties such as air, sea, water and forests are of immense importance to the people in general and they must be held by the Government as a trustee for the free and unimpeded use by the general public and it would be wholly unjustified to make the ma subject of private ownership. The doctrine enjoins upon the Government to protect the resources for the enjoyment of the general public rather than to permit their use or private ownership or commercial exploitation to satisfy the greed of a few."
In the case of M.C. Mehta v. Kamal Nath, in paragraph 34 and 35,the Apex Court held thus:
"34. Our legal system-based on English common law-includes the public trust doctrine as part of its jurisprudence. The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. Public at large is the beneficiary of the sea- shore, running waters, airs, forests and ecologically fragile lands. The State as a trustee is under a legal duty to protect the natural resources. These resources meant for public use cannot be converting to private ownership.44
"35. We are fully aware that the issues presented in this case illustrate the classic struggle between those members of the public who would preserve our rivers, forests, parks and open lands in their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an increasingly complex society, find it necessary to encroach to some extent upon open lands heretofore considered inviolate to change. The resolution of this conflict in any given case is for the legislature and not the courts. If there is a law made by Parliament or the State Legislatures the courts can serve as an instrument of determining legislative intent in the exercise of its powers of judicial review under the Constitution. But in the absence of any legislation, the executive acting under the doctrine of public trust cannot abdicate the natural resources and convert them into private ownership, or for commercial use. The aesthetic use and the pristine glory of the natural resources, the environment and the ecosystems of our country cannot be permitted to be eroded for private, commercial or any other use unless the courts find it necessary, in good faith, for the public good and in public interest to encroach upon the said resources."
55. The public trust doctrine enjoins upon the Government to protect the resources for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes. This doctrine puts an implicit embargo on the right of the State to transfer public properties to private party if such transfer affects public interest, mandates affirmative State action for effective management of natural resources and empowers the citizens to question in effective management thereof.
4554. The heart of the public trust doctrine is that it imposes limit sand obligations upon government agencies and their administrators on behalf of all the people and especially future generations. For example, renewable and non- renewable resources, associated uses, ecological values or objects in which the public has a special interest (i.e. public lands, waters, etc.) are held subject to the duty of the State not to impair such resources, use so values, even if private interests are involved. The same obligations apply to managers of forests, monuments, parks, the public domain and other public assets. Professor Joseph L. Sax in his classic article, "The Public Trust Doctrine in Natural Resources Law:Effective Judicial Intervention"(1970),indicates that the public trust doctrine, of all concepts known to law, constitutes the best practical and philosophical remise and legal tool for protecting public right sand for protecting and managing resources, ecological values or objects held in trust.
55. The public trust doctrine is a tool for exerting long-established public rights over short-term public rights and private gain. Today every person exercising his or her right to use the air, water, or land and associated natural cosy stems has the obligation to secure for the rest of us the right to live or otherwise use that same resource or property for the long-term and enjoyment by future generations. To say it another way, a landowner or lessee and a water right holder has an obligation to use such resources in a manner as not to impair or diminish the people's rights and the people‟s long-term interest in that property or resource, including down slope lands, water sand resources.
65. We reiterate that natural resources including forests, water bodies, rivers, 46 seashores, etc. are held by the State as a trustee on behalf of the people and especially the future generations. These constitute common properties and people are entitled to uninterrupted use thereof. The State cannot transfer public trust properties to a private party, if such a transfer interferes with the right of the public and the court can invoke the public trust doctrine and take affirmative action for protecting the right of people to have access to light, air and water and also for protecting rivers, sea, tanks, trees, forests and associated natural ecosystems." (emphasis added) 54. Public at large has a right to enjoy and have a benefit of our forests including mangroves forest. The pristine glory of such forests must be protected by the State. The mangroves protect our environment. Therefore, apart from the provisions of various statutes, the doctrine of public trust which is very muchapplicable in India makes it obligatory duty of the State to protect and preserve mangroves.
PRECAUTIONARY PRINCIPLE
55. In the case of M.C. Mehta (Badhkal and Surajkund Lakes matter) v. Union of India, the Apex Court held thus:
"10. In M.C. Mehta v. Union of India [(1987) 4 SCC 463] this Court held as under:
"The financial capacity of the tanneries should be considered as irrelevant while requiring them to establish primary treatment plants. Just like an industry which cannot pay minimum wages to its workers cannot be allowed to exist, a tannery which cannot set up a primary treatment plant cannot be permitted to continue to be in existence for the adverse effects on the public. Life, public health and ecology have priority over unemployment and loss of revenue problem."
The "Precautionary Principle" has been 47 accepted as a part of the law of the land. Articles 21, 47, 48-A and 51-A(g) of the Constitution of India give a clear mandate to the State to protect and improve the environment and to safeguard the forests and wildlife of the country. It is the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. The "Precautionary Principle" makes it mandatory for the State Government to anticipate, prevent and attack the causes of environment degradation. We have no hesitation in holding that in order to protect the two lakes from environmental degradation it is necessary to limit the construction activity in the close vicinity of the lakes."
16. India is endowed with extraordinarily diverse and distinctive traditional water bodies found in different parts of the country, commonly known as ponds, tanks, lakes, vayalgam, ahars, bawdis, talabs and others. They play an important role in maintaining and restoring the ecological balance. They act as sources of drinking water, recharge ground water, control floods, support biodiversity, and provide livelihood opportunities to a large number of people. Currently, a major water crisis is being faced by India, where 100 million people are on the frontlines of a nationwide water crisis and many major cities facing an acute water shortage. The situation will worsen as United Nations and Niti Ayog reports say that the demand for water will reach twice the available supply, and 40 per cent of India‟s population will not have access to clean drinking water by 2030. One of the reasons is our increasing negligence and lack of conservation of water bodies. Since independence, the government has taken control over the water bodies and water supply. With a colonial mindset, authorities move further and further away in the quest of water supply, emphasing more on networks, infrastructure and construction of dams. This, overtime, has led to the neglect of waterbodies and catchments areas. As a result, we have started valuing land more than water. In the last few decades, waterbodies have been under continuous and unrelenting stress, caused primarily by rapid 48 urbanisation and unplanned growth. Encroachment of waterbodies has been identified as a major cause of flash floods in Mumbai (2005), Uttarakhand (2013), Jammu and Kashmir (2014) and Chennai (2015).Further, waterbodies are being polluted by untreated effluents and sewage that are continuously being dumped into them. Across the country, 86 waterbodies are critically polluted, having a chemical oxygen demand or COD concentration of more than 250mg/l, which is the discharge standard for a polluting source such as sewage treatment plants and industrial effluent treatment plants. In urban India, the number of waterbodies is declining rapidly. For example, in the 1960s Bangalore had 262 lakes. Now, only 10 hold water. Similarly, in 2001, 137 lakes were listed in Ahmedabad. However, by 2012, 65 were already destroyed and built upon. Hyderabad is another example. In the last 12 years, it has lost 3,245 hectares of its wetlands. The decline in both the quality and quantity of these waterbodies is to the extent that their potential to render various economic and environmental services has reduced drastically. Although there are sufficient polices and acts for protection and restoration of waterbodies, they remain insufficient and ineffective.
17. Realizing the seriousness of the problem confronting waterbodies, the Centre had launched the Repair, Renovation and Restoration of Water Bodies' scheme in 2005 with the objectives of comprehensive improvement and restoration of traditional waterbodies. These included increasing tank storage capacity, ground water recharge, increased availability of drinking water, improvement of catchment areas of tank commands and others. However, in this regard, not much has been seen on the ground.
18. It is of utmost importance for meeting the rising demand for water augmentation, improving the health of water bodies as they provide various 49 ecosystem services that are required to manage microclimate, biodiversity and nutrient cycling. Many cities are working towards conservation of water bodies like the steps initiated in the capital city of Delhi for instance. In turning Delhi into a city of lakes, rejuvenation of 201 water bodies has been finalised. Of these, the Delhi Jal Board (DJB) plans to revive 155 bodies while the Flood and Irrigation Department will revive 46. DJB claims that the aim is to achieve biological oxygen demand or BOD to 10 ppm and total suspended solids to 10mg/l. Also the establishment of the Wetlands Authority by the Delhi Government is a welcome step towards notifying and conserving natural waterbodies. In order to achieve the goal of revival of waterbodies, it is important to understand that one solution may not fit all the waterbodies. Depending on the purpose, ecological services, livelihood and socio- cultural practices, the approach will vary from one water body to another. However, the issues with regard to lack of data and action plans, encroachments, interrupted water flow from the catchment, siltation, violations of laws, solid waste deposit and polluted water, involvement of too many agencies, etc have to be taken into consideration.
19. Action needs to be taken towards:
1. Attaining sustainability. Thus, emphasis on long-term goals, operation and maintenance should be included along with the allocation of budget.
2. Success of the lakes should be tested on all three fronts namely economic, environmental and social. Many studies point that a deliberate effort has to be made on the social front for which better publicity of the environmental benefits of the project and enhancing environmental awareness, especially among the local community is 50 required.
3. Encouraging local people to collaborate with other stakeholders to successfully utilize resources and ensure the protection and conservation of waterbodies.
4. Traditionally, water was seen as a responsibility of citizens and the community collectively took the responsibility of not only building but also of maintaining the water bodies. This needs to be brought back into the system.
5. Thus, an integrated approach taking into account the long-term sustainability, starting from the planning stage where looking at every waterbody alongwith its catchment, is required.
20. It is further reported by the State Pollution Control Board that untreated/ sewage water is being discharged continuously in the waterbody. The rule does not provide such activities. The legislature has enacted the Water (Prevention and Control of Pollution) Act, 1974 to provide for the prevention and control of water pollution and the maintaining or restoring of water and for carrying out the aforesaid purpose the Board has been constituted. It is argued by the Learned Counsel for the applicant that the problem of pollution of rivers, water bodies and streams has assumed considerable importance and urgency in recent years as a result of the growth of industries and the increasing tendency to urbanization. It is therefore essential to ensure that the domestic and industrial effluents are not allowed to be discharged into the water course without adequate treatment as such discharges could render the 51 water unsuitable either source of drinking water as well as for supporting fishlife and for use in irrigation. Pollution of rivers, waterbodies and streams also causes increasing damage to the country‟s economy. The relevant sections of the Water (Prevention and Control of Pollution) Act, 1974 are as follows:-
Section 2 (e)-
Pollution which means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms.
Section 17-
That the State Board shall plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the State and to secure the execution thereof; to advise the State Government on any matter concerning the prevention, control or abatement of water pollution; to evolve methods of utilisation of sewage and suitable trade effluents in agriculture; to lay down standards of treatment of sewage and trade effluents to be discharged into any particular stream taking into account the minimum fair 52 weather dilution available in that stream (1(l)(i) take necessary action for the prevention, control or abatement of discharge of waste into streams or wells or water bodies.
Section 24- Provides prohibition on use of stream or well for disposal of polluting matter, etc. (1) Subject to the provisions of this section, -
(a) no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Board to enter (whether directly or indirectly) into any 1 [stream or well or sewer or on land]; or
(b) no person shall knowingly cause or permit to enter into any stream any other matter which may tend, either directly or in combination with similar matters, to impede the proper flow of the water of the stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes or of its consequences.
(2) (c) putting into an stream any sand or gravel or other natural deposit which has flowed from or been deposited by the current of such stream.
Section 25 Provides restrictions on new outlets and new discharges.
(1) Subject to the provisions of this section, no person shall, without the previous consent of the State Board,--
53(a) establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or an extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage); or
(b) bring into use any new or altered outlets for the discharge of sewage; or
(c) begin to make any new discharge of sewage;
Provided that a person in the process of taking any steps to establish any industry, operation or process immediately before the commencement of the Water (Prevention and Control of Pollution) Amendment Act, 1988, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent, within the said period of three months, till the disposal of such application."
Section 33- Power of Board to make application to courts for restraining apprehended pollution of water in streams or wells (1) Where it is apprehended by a Board that the water in any stream or well is likely to be polluted by reason of the disposal or likely disposal of any matter in such stream or well or in any sewer or on any land, or otherwise, the Board may make an application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class, for restraining the person who 54 is likely to cause such pollution from so causing.
(2) On receipt of an application under sub-section (1) the court may make such order as it deems fit.
(3) Where under sub-section (2) the court makes an order restraining any person from polluting the water in any stream or well, it may in that order-
(i) direct the person who is likely to cause or has caused the pollution of the water in the stream or well, to desist from taking such action as is likely to cause pollution or, as the case may be, to remove from such stream or well, such matter, and
(ii) authorise the Board, if the direction under clause (being a direction for the removal of any matter from such stream or well) is not complied with by the person to whom such direction is issued, to undertake the removal and disposal of the matter in such manner as may be specified by the court.
i) direct the person who is likely to cause or has caused the pollution of the water in the stream or well, to desist from taking such action as is likely to cause pollution or, as the case may be, to remove from such stream or well, such matter, and authorise the Board, if the direction under clause (i) (being a direction for the removal of any matter from such stream or well) is not complied with by the person to whom such direction is issued, to undertake the removal and disposal of the matter in such manner as may be specified by the court.
33 A. Power to give directions 55 Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions. Explanation : For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct- (a) the closure, prohibition or regulation of any industry, operation or process; or (b) the storage or regulation of supply of electricity, water or any other service.
Section 41- Failure to comply with directions under Sub-Section (2) or Sub-Section (3) of Section 20, or orders issued under Clause (c) of Sub-Section (1) of 32 or directions issued under Sub Section (2) of Section 33 or Section 33A.
(1) Whoever fails to comply with any direction given under sub- section (2) or sub-section (3) of section 20 within such time as may be specified in the direction shall, or conviction, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both and in case the failure continues, with 56 an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure.
(2) Whoever fails to comply with any order issued under clause (c) of sub-
section (1) of section 32 or any
direction issued by a court under
sub-section (2) of section 33 or
any direction issued under section
33A shall, in respect of each such
failure and on conviction, be
punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure.
(3) If the failure referred to in sub-
section (2) continues beyond a period of one year after the date of conviction, the offender shall, on conviction, be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine.
Section 42- Penalty for certain acts.
1. Whoever -
a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground 57 or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, or
b) obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or
c) damages any works or property belonging to the Board, or
d) fails to furnish to any officer or other employee of the Board any information required by him for the purpose of this Act, or fails to intimate the occurrence of an accident or other unforeseen act or even under section 31 to the Board and other authorities or agencies as required by that section, or
e) in giving any information which he is required to give under this Act, knowingly or willfully makes a statement which is false in any material particular, or
f) for the purpose of obtaining any consent under section 25 or section 26, knowingly or willfully makes a statement which is false in any material particular, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to 1 [ten thousand rupees] or with both.
(2) Where for the grant of a consent in
pursuance of the provisions of
section 25 or section 26 the use of a
meter or gauge or other measure or
monitoring device is required and
such device is used for the purposes of those provision, any person who knowingly or willfully alters or interferes with that device so as to prevent it from monitoring or measuring correctly shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to 1 [ten thousand rupees] or with both.
58Section 43- Penalty for contravention of provisions of Section 24.
Whoever contravenes the provisions of section 24 shall be punishable with imprisonment for a term which shall not be less than 1 [one year and six months] but which may extend to six years and with fine.
Section 44- Penalty for contravention of Section 25 or Section 26.
Whoever contravenes the provision of
section 25 or section 26 shall be
punishable with imprisonment for a
term which shall not be less than 1
[one year and six months] but which
may extend to six years and with fine.
Enhanced Penalty after previous
conviction.
If any person who has been convicted of any offence under section 24 or 25 or section 26 is again found guilty of an offence involving a contravention of the same provision, he shall, on the second and on every subsequent conviction, be punishable with imprisonment for a term which shall not be less than 2 [two years] but which may extend to seven years and with fine: Provided that for the purpose of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished.
59Penalty for contravention of certain provisions of the Act.
3 [Whoever contravenes any of the provisions of this Act or fails to comply with any order or direction given under this Act, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment which may extend to three months or with fine which may extend to ten thousand rupees or with both and in the case of a continuing contravention or failure, with an additional fine which may extend to five thousand rupees for every day during which such contravention or failure continues after conviction for the first such contravention or failure.
Section 48- Provides that offences by government departments.
Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Section 60- The Provision of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act."
Thus, it is a statutory duty of the State Pollution Control Board to check the abatement of the water pollution and also advice the authorities concerned 60 and failure to comply the statutory duty is defiance of the act and necessary action with calculation and recovery of environmental compensation is the pious duty of the Pollution Control Board. We hope and trust that the State Pollution Control Board will not hesitate to proceed according to law and try to fulfill the purpose of the act.
21. Any violation of this order should be taken seriously in accordance with the order passed by the Principal Bench of this Tribunal in O.A. No. 148/2016:
Mahesh Chandra Saxena v. South Delhi Municipal Corporation & Ors. vide order dated 21.05.2020, the relevant paras are quoted below for compliance:-
"3. Vide order dated 03.08.2018, the matter was reviewed and after noting that in absence of functional ETPs/CETPs/STPs, untreated effluents were being discharged in water bodies leading to contamination of surface and ground water which causes various diseases and also has adverse consequence on aquatic organism due to decreased level of oxygen. The Tribunal directed the CPCB to prepare an action plan. Direction was also given for monitoring by a Committee of two officers - one each representing MoEF&CC and CPCB at least once in every month. CPCB was required to place the progress report every three months on the website and take penal action for failure by way of recovery of compensation for damage to the environment, apart from other steps.
4. Vide order dated 19.02.2019, after considering the status report furnished by the CPCB, based on the reports furnished by the States/UTs, this Tribunal after referring to orders passed in O.A NO. 673/2018 for remedial action in respect of 351 polluted river stretches, which had direct nexus with the steps for ETPs/CETPs/STPs and order passed in O.A No. 606/2018 requiring Chief Secretaries to monitor progress inter alia on the subject of control of pollution of the river stretches, directed that the Chief Secretaries may look into the subject of setting up and proper functioning of ETPs/CETPs/STPs in their respective States/ UTs. Further direction issued was to prepare a report on assessment of compensation on account of discharge of 61 untreated sewage and dumping of solid waste, loss to ecological services due to illegal mining, deforestation, after taking inputs from expert bodies. The Tribunal also directed the CPCB to compile its monitoring report with regard to 97 CETPs (assuming the total number of CETPs in the country to be 97) installed in different States. CPCB was also directed to furnish its report in O.A. No. 95/2018, Aryavart Foundation Vs. M/s Vapi Green Enviro Ltd. & Ors. which concerned the issue of inadequate functioning CETP leading to water pollution.
5. In the light of directions of this Tribunal dated 19.02.2019, the CPCB furnished reports dated 30.05.2019 updated on 19.07.2019 and 14.08.2019 giving the status of setting up of ETPs/ CETPs/STPs with regard to methodology for assessment of environmental compensation and monitoring of CETPs. The reports were considered exhaustively vide order dated 28.08.2019. Before we advert to the observations of this Tribunal with regard to the reports, we may refer to the observations on the main issue:
1. The issue for consideration is establishment and functioning of ETPs/CETPs/STPs to prevent untreated sewage/effluents being discharged in water bodies, including rivers and canals meeting such rivers or otherwise. The magnitude of the problem is well acknowledged. In the year 1962 GoI set up a Committee for prevention of water pollution. The recommendations led to enactment of the Water (Prevention and Control of Pollution) Act, 1974 ("Water Act") in pursuance of Article 252 of the Constitution. The Water Act provides for the constitution of a Central Board and State Boards/Committees. No polluted matter can be discharged into a stream or well or on land, and no industry, operation or process can be established and no out-let for discharge of sewage used without consent of the State Board. The Water Act provides powers to give directions for closing any such activity as well as for prosecution. Power to give directions implicitly includes recovery of compensation on 'Polluter Pays' principle.
2. Inspite of above statutory regime we are faced with serious problem of water pollution. The Hon'ble Supreme Court noted that the water pollution caused serious diseases, including Cholera and Typhoid. Water pollution could not be ignored and adequate measures for prevention and control are necessary. Polluting industries 62 were directed to be shifted on 'Precautionary' principle. It is not necessary to refer to all the judgments of the Hon'ble Supreme Court dealing with the significance of water and need to prevent pollution of water. We may only refer to the observations that everyone has right to have access to drinking water in quantum and equality equal to the basic needs. This is fundamental to life and part of Article 21.
4.We may note that discharge of untreated effluents and sewage is the principal cause of water pollution in the country as noted in cases relating to pollution of rivers.3 Similarly, in the case of 100 polluted industrial clusters being dealt with by this Tribunal4, water pollution is one of the factors polluting the said industrial clusters. As already noted, official data of CPCB is to the effect that 351 river stretches in the Country are polluted. The Tribunal held that remedial action for restoration of the said river stretches is necessary. 5 In the said order, it was observed:
"As already noted, well known causes of pollution of rivers are dumping of untreated sewage and industrial waste, garbage, plastic waste, e-waste, bio-medical waste, municipal solid waste, diversion of river waters, encroachments of catchment areas and floodplains, over drawl of groundwater, river bank erosion on account of illegal sand mining. In spite of directions to install Effluent Treatment Plants (ETPs), Common Effluent Treatment Plants (CETPs), Sewage Treatment Plants (STPs), and adopting other anti-pollution measures, satisfactory situation has not been achieved. Tough governance is the need of the hour. If pollution does not stop, the industry has to be stopped. If sewage dumping does not stop, local bodies have to be made accountable and their heads are to be prosecuted. Steps have to be taken for awareness and public involvement."
6. We now refer to the observations of this Tribunal while considering the reports dated 63 30.05.2019 updated on 19.07.2019 and 14.08.2019:
"I. Report dated 30.05.2019updated on 19.07.2019
13. According to updated report dated19.07.2019, out of 62,897 number of industries requiring ETPs, 60,944 industries are operating with functional ETPs and 1949 industries are operating without ETPs. 59,258 industries are complying with environmental standards and 1,524 industries are non-complying. There are total 192 CETPs, out of which 133 CETPs are complying with environmental standards and 59 CETPs are non-complying. There are total 13,709 STPs (Municipal and other than municipal), out of which, 13,113 STPs are complying with environmental standards and 637 STPs are non-complying 73 CETPs in construction/proposal stage, whereas, for STPs, 1164 projects (municipal and non-municipal) are under construction/proposal stage.
14. A report has also been prepared on the scale of environmental compensation to be recovered from individual/authorities for causing pollution or failure for preventing causing pollution, apart from illegal extraction of ground water, failure to implement Solid waste Management Rules, damage to environment by mining and steps taken to explore preparation of an annual environmental plan for the country. Extracts from the report which are considered significant for this order are:
"I. Environment Compensation to be levied on Industrial Units Recommendations The Committee made following recommendations:
1.5.1 To begin with, Environmental Compensation may be levied by CPCB only when CPCB has issued the directions under the Environment (Protection) Act, 1986. In case of a, band c, Environmental Compensation may be calculated based on the formula "EC= Pl x N x Rx S x LF", wherein, Pl may be taken as 80, 50 and 30 for red, orange and green category of industries, respectively, and R may be taken as 250.64
Sand LF may be taken as prescribed in the preceding paragraphs 1.5.2 In case of d, e and f, the Environmental Compensation may be levied based on the detailed investigations by Expert Institutions/Organizations.
1.5.3 The Hon'ble Supreme Court in its order dated 22.02.2017 in the matter of Paryavaran Suraksha Samiti and another v/s Union of India and others {Writ Petition {Civil) No. 375 of 2012), directed that all running industrial units which require "consent to operate" from concerned State Pollution Control Board, have a primary effluent treatment plant in place. Therefore, no industry requiring ETP, shall be allowed to operate without ETP.
1.5.4 EC is not a substitute for taking actions under EP Act, Water Act or Air Act. In fact, units found polluting should be closed/prosecuted as per the Acts and Rules.
II. Environmental Compensation to be levied on all violations of Graded Response Action Plan (GRAP) in NCR.
Table No. 2.1: Environmental Compensation to be levied on all violations of Graded Response Action Plan (GRAP) in Delhi- NCR.
Activity State Of Air Quality Environmental
Compensation ()
Industrial Emissions Severe +/Emergency Rs 1.0 Crore
Severe Rs 50 Lakh
Very Poor Rs 25 Lakh
Moderate to Poor Rs 10 Lakh
Vapour Recovery System (VRS) at Outlets of Oil Companies i. Not installed Target Date Rs 1.0 Crore ii. Nonfunctional Very poor to Severe + Rs 50.0 Lakh Moderate to Poor Rs 25.0 Lakh Construction sites Severe +/Emergency Rs 1.0 Crore Severe Rs 50 Lakh (Offending plot more than 20,000 Sq.m.) Very Poor Rs 25 Lakh Moderate to Poor Rs 10 Lakh Solid waste/ garbage Very poor to Severe + Rs 25.0 Lakh dumping in Industrial Estates Moderate to Poor Rs 10.0 Lakh Failure to water sprinkling on unpaved roads
a) Hot-spots Very poor to Severe + Rs 25.0 Lakh
b) Other than Hot- spots Very poor to Severe + Rs 10.0 Lakh 65 III. Environmental Compensation to be levied in case of failure of preventing the pollutants being discharged in water bodies and failure to implement waste management rules:
Table No. 3.3: Minimum and Maximum EC to be levied for untreated/partially treated sewage discharge Class of the City/Town Mega-City Million-plus City Class-I City/Town and others Min. 2000 Min. 1000 Min. 100 Minimum and Maximum values of EC(Total Capital Cost Component) recommended by Max. 20000 Max. 10000 Max. 1000 the Committee (LacsRs.) Min. 2 Min. 1 Min. 0.5 Minimum and Maximum values of EC (O&M Cost Component) Recommended by the Max. 20 Max. 10 Max. 5 Committee (LacsRs./day) Table No. 3.4: Minimum and Maximum EC to be levied for improper municipal solid waste management Class of the City/Town Mega-City Million-plus City Class-I City/Town and others Minimum and Maximum Min. 1000 Min. 500 Min. 100 values of EC (Capital Cost Max. 10000 Max. 5000 Max. 1000 Component) recommended by the Committee (LacsRs.) Minimum and Maximum Min. 1.0 Min.0.5 Min.0.1 values of EC (O&M Max. 10.0 Max.5.0 Max.1.0 Cost Component) recommended by the Committee (LacsRs./day) 3.3 Environment Compensation for Discharge of Untreated/Partially Treated Sewage by Concerned Individual/Authority:
BIS 15-1172:1993 suggests that for communities with population above 100,000, minimum of 150 to 200 lpcd of water demand is to be supplied. Further, 85% of return rate (CPHEEO Manual on Sewerage and Sewage Treatment Systems, 2013}, may be considered for calculation of total sewage generation in a city. CPCB Report on "Performance evaluation of sewage treatment plants under NRCD, 2013", describes that the capital cost for 1 MLD STP ranges from 0.63 Cr. to 3 Cr. and O&M cost is around Rs. 30,000 per month. After detail deliberations, the Committee suggested to assume capital cost for STPs as Rs. 1.75 Cr/MLD (marginal average cost). Further, expected cost for conveyance system is assumed as Rs. 5.55 Cr./MLD (marginal average cost) and annual O&M cost as 10% of the combined capital cost.
Population of the city may be taken as per the latest 66 Census of India. Based on these assumptions, Environmental Compensation to be levied on concerned ULB may be calculated with the following formula:
EC= Capital Cost Factor x [Marginal Average Capital Cost for Treatment Facility x (Total Generation-Installed Capacity) + Marginal Average Capital Cost for Conveyance Facility x (Total Generation
-Operational Capacity)]+ O&M Cost Factor x Marginal Average O&M Cost x (Total Generation- Operational Capacity) x No. of Daysfor which facility was not available+ Environmental Externality x No. of Days for which facility was not available Alternatively;
EC (Lacs Rs.)= [17.S{Total
Sewage Generation - Installed
Treatment Capacity)+ 55.S{Total
Sewage Generation-Operational
Capacity)]+ 0.2(Sewage
Generation-Operational Capacity)x N + Marginal Cost of Environmental Externality x (Total Sewage Generation-Operational Capacity) XN Where; N= Number of days from the date of direction ofCPCB/SPCB/PCC till the required capacity systems are provided by the concernedauthority Quantity of Sewage is in MLD Table No. 3.5: Sample calculation for EC to be levied for discharge of untreated/partial treated Sewage City Delhi Agra Gurugram Ambala 17,60,285 Population (2011) 1,63,49,831 8,76,969 5,00,774 Class Mega-City Million-plus Class-I Class-I City Town Town Sewage Generation (MLD) 4195 381 486 37 (as per the latest data available with CPCB) Installed Treatment 2500 220 404 45.5 Capacity (MLD) (as per the latest data availablewith CPCB) Operational Capacity (MLD) 1900 140 300 24.5 (as per the latest data available withCPCB) Treatment Capacity Gap 2295 241 186 12.5 (MID) 67 Calculated EC (capital cost 29662.50 2817.50 1435.00 0.00 component for STPs) in LacsRs.
Calculated EC (capital cost 127372.50 13375.50 10323.00
component for Conveyance 693.75
System) in Lacs. Rs.
Calculated EC (Total capital 157035.00 16193.00 11758.00 693.75
cost
component) in LacsRs.
Minimum and Maximum Min. 2000 Min. 1000 Min. 100 Min. 100
values of Max. 20000 Max. 10000 Max. 1000 Max. 1000
EC (Total Capital Cost
Component) recommended
by the Committee
(LacsRs.)
Final EC (Total Capital Cost 20000.00 10000.00 1000.00
Component) in LacsRs. 693.75
Calculated EC (O&M 459.00 48.20 37.20 2.50
Component in
LacsRs./day
Minimum and Maximum Min. 2 Min. 1 Min. 0.5 Min. 0.5
values of Max. 20 Max. 10 Max. 5 Max. 5
EC (O&M Cost Component)
recommended by the
Committee
(LacsRs./day)
Final EC (O&M 20.00 10.00 5.00 2.50
Component) in Lacs.
Rs./Day
Calculated Environmental 2.0655 0.2049 0.1395 0.0094
Externality (LacsRs .Per
Day)
Minimum and Maximum Min.0.60 Min.0.25 Min.0.05 Min.0.05
value of Max.0.80
Environmental Externality Max.0.35 Max.0.10 Max.0.10
recommended by the
Committee
(LacsRs. Per Day)
Final Environmental 0.80 0.25 0.10 0.05
Externality
(LacsRs. Per day)
3.4 Environment Compensation to be Levied on Concerned
Individual/Authority for Improper Solid Waste Management:
Environmental Compensation to be levied on concerned ULB may be calculated with the following formula:
EC = Capital Cost Factor x Marginal Average Cost for Waste Management x (Per day waste generation-Per day waste disposed as per the Rules) + O&M Cost Factor x Marginal Average O&M Cost x (Per day waste generation- Per day waste disposed as per the Rules) x Number of days violation took place + Environmental Externality x N 68 Where;
Waste Quantity in tons per day (TPD) N= Number of days from the date of direction of CPCB/SPCB/PCC till the required capacity systems are provided by the concerned authority Simplifying;
EC (LacsRs.) = 2.4(Waste Generation - Waste Disposed as per the Rules) +0.02 (Waste Generation Waste Disposed as per the Rules) x N + Marginal Cost of Environmental Externality x (Waste Generation - Waste Disposed as per the Rules) xN Table No. 3.6: Sample calculation for EC to be levied for improper management of Municipal Solid Waste City Delhi Agra Gurugram Ambala Population 17,60,285 1,63,49,831 8,76,969 5,00,774 (2011) Class Mega-City Million-plus City Class-I Town Class-I Town Waste Generation (Kg. 0.6 0.5 0.4 0.4 per person per day) Waste Generation (TPD) 9809.90 880.14 350.79 200.31 Waste Disposal as per 2452.47 220.04 87.70 50.08 Rules(TPD) (assumed as 25% of waste for sample calculation Waste Management 7357.42 660.11 263.09 150.23 Capacity Gap(TPD) Calculated EC(capital cost component) in Lacs. 17657.82 1584.26 631.42 360.56 Rs.
Minimum and Maximum Min. 1000 Min. Min. 100 Min. 100 values(Capital Cost Max.10000 500 Max.1000 Max.1000 Component) Max.500 recommended by the 0 committee (Lacs. Rs.
Final EC (Capital Cost Component) in 10000.00 1584.26 631.42 360.56 Lacs. Rs.
Calculated EC(O&M 147.15 13.20 5.26 3.00 Component) in Lacs. Rs.
Minimum and Maximum values of EC(O&M Cost Component) recommended Min. 1.0 Min. 0.5 Max.5.0 Min. 0.1 Min. 0.1 Max.1.0 by the Committee)Lacs Max.10.0 Max.1.0 Rs/Day) Final EC(O&M Component) inLacs.Rs. 10.00 5.00 1.00 1.00 /Day 69 Calculated Environmental 2.58 0.18 0.03 0.02 Externality (Lacs Rs .Per Day) Minimum and Maximum Min. 0.80 Min. 0.25 Min. 0.01 Min. 0.01 value of Max. 0.35 Max. 0.05 Max. 0.05 Environmental Externality recommended by the Committee (Lacs Rs. Per Day) Final Environmental 0.80 0.25 0.03 0.02 Externality (Lacs Rs. Per day) IV. Environmental Compensation in Case of IllegalExtraction of Ground Water 4.5 Formula for Environmental Compensation for illegal extraction of ground water The committee decided that the formula should be based on water consumption (Pump Yield & Time duration) and rates for imposing Environmental Compensation for violation of illegal abstraction of ground water. The committee has proposed following formula for calculation of Environmental Compensation (ECGw) ECGW = Water Consumption per Day x No. of Days x Environmental Compensation Rate for illegal extraction of ground water {ECRGw) in Rs./m3 Yield of the pump varies based on the capacity/power of pump, water head etc. For reference purpose, yield of the pump may be assume.
Time duration will be the period from which pump is operated illegally.
In case of illegal extraction of ground water, quantity of discharge as per the meter reading or as calculated with assumptions of yield and time may be used for calculation of ECGw.
4.6 Environmental Compensation Rate (ECRGw) forillegal use of Ground Water:
The committee decided that the Environmental Compensation Rate (ECRGw) for illegal extraction of ground water should increase with increase in water consumption as well as water scarcity in the area. Further, ECRGw are kept relaxed for drinking and domestic use as compared to other uses, considering the basic need of human being.70
As per CGWB, safe, semi-critical, critical and over- exploited areas are categorized from the ground water resources point of view (CGWB, 2017). List of safe, semi-critical, critical and over-exploited areas are available on the website of CGWB and can be accessed from- http://cgwa- noc.gov.in/LandingPage/NotifiedAreas/Categoriz ation0fAssessmentUnits.pdf#ZOOM=150.
Environmental Compensation Rates (ECRGw) for illegal use of ground water (ECRGw) for various purposes such as drinking/domestic use, packaging units, mining and industrial sectors as finalized by the committee are given in tables below:
4.6.1 ECRGw for Drinking and Domestic use:
Drinking and Domestic use means uses of ground water in households, institutional activity, hospitals, commercial complexes, townships etc. Water Consumption (m3/day) SI. Area Category <2 2 to <5 5 to <25 25 & No. above 4.6.1 E Environmental Compensation Rate (ECRGw) in C Rs./m3 1 Safe R 4 6 8 10 2 G Semi Critical 12 14 16 20 3 Criticalw 22 24 26 30 4 Over-Exploited 32 34 36 40 Minimum EC f G w=Rs 10,000/- (for households) and Rs. 50,000 (for institutional activity, commercial complexes, townships etc.) o 4.6.2 ECRGw for Packaged drinking water units:
Water Consumption (m3/day) SI. Area Category <200 200 to <1000 1000 to <5000 5000 & No Environmental Compensation Rate (ECRGw) in . Rs./m3 1 Safe 12 18 24 30 2 Semi critical 24 36 48 60 3 Critical 36 48 66 90 4 Over-exploited 48 72 96 120 Minimum ECGw=Rs 1,00,000/-
4.6.3 ECRGw for Mining, Infrastructure and Dewatering Projects Water Consumption (m3/day) SI Area Category <200 200 to <1000 1000 to <5000 5000 & .
Environmental Compensation Rate (ECRGw) in No . Rs./m3 1 Safe 15 21 30 40 2 Semi critical 30 45 60 75 3 Critical 45 60 85 115 4 Over-exploited 60 90 120 150 Minimum ECGw=Rs 1,00,000/-
714.6.4 ECRGw for Industrial Units:
Water Consumption (m3/day) SI. Area Category No. <200 200 to 1000 to <5000 5000 & <1000 Environmental Compensation Rate (ECRGw) in 1 Safe 20 30 40 50 2 Semi critical 40 60 80 100 3 Critical 60 80 110 150 4 Over-exploited 80 120 160 200 Minimum ECGw = Rs 1,00,000/-
4.8 Recommendations The committee has given following recommendations:
The minimum Environmental Compensation for illegal extraction of ground water for domestic purpose will be Rs. 10,000, for institutional/commercial use will be 50,000 and for other uses will be 1,00,000.
In case of fixation of liability, it always lies with current owner of the premises where illegal extraction is taking place.
Time duration may be assumed to be one year in case where no evidence for period of installation of bore well could be established. For Drinking and Domestic use, where metering is not present but storage tank facility is available, minimum water consumption per day may be assumed as similar to the storage capacity of the tank.
For industrial ground water use, where metering is not available, water consumption may be assumed as per the consent conditions. Further, where in case industry is operating without consent, water consumption may be calculated based on the plant capacity (on the recommendation of SPCB/PCC, if required).
SPCB/PCC may bring the issue of illegal extraction of ground water in industries in to the notice of CGWA for appropriate action by CGWA.
Authorities assigned for levy EC and taking penal action are listed below:
S. No. Actions Authority
1. To seal the illegal bore-well/tube- well to District Collector
stop extraction of water and further closure of project
2. To levy EC Gw as per prescribed method District Collector,
3. To levy EC on water pollution, as per the CPCB/SPCB/PCC method prescribed in report of CPCB- "EC on industrial pollution"
4. Prosecution of violator CGWA under EP Act SPCB/PCC under Air and Water Act 72 CGWA may maintain a separate account for collection and utilization of fund, collected through the prescribed methodology in this report."
"Discussion on the report dated 30.05.2019 updated on 19.07.2019
15. It is clear from the order of the Hon‟ble Supreme Court6 that the responsibility of operating STPs under Article 243W and item 6 of Schedule XII to the Constitution is of local bodies who have to evolve norms to recover funds for the purpose which is to be supervised by the States/UTs. The norms were to be finalized upto 31.03.2017 to be implemented from the next year, i.e 01.04.2018. In absence thereof, the States/UTs have to cater to the financial requirement from its own resources. The States/UTs are to prioritize the cities, towns, villages discharging effluents/sewage directly into the water bodies. Industrial activity without proper treatment plants (ETPs and CETPs) is not to be allowed by the State PCBs and the Secretaries, Environment of the States/UTs are to be answerable. Thus, the source for financial resources for the STPs, stands finalized under the binding judgment of the Hon‟ble Supreme Court. Authorities and persons accountable are identified. Rigid implementation has been laid down. This Tribunal has been required to monitor compliance of the directions and timelines.
16. It is in this background that the present report needs to be appraised and further directions given. As regards the Environmental compensation regime fixed for industrial units, GRAP, solid waste, sewage and ground water is accepted as an interim measure. With regard to setting up of STPs, while we appreciate the extensive work of the CPCB based on information furnished by States/UTs, the challenge remains about verification of the said data on the one hand and analysis of the steps taken and required on the other. There is already a database available with the CPCB with regard to ETPs, CETPs, STPs, MSW facilities, Legacy Waste sites. This needs to be collated and river basin wise macro picture needs to be prepared by the CPCB in terms of need for interventions, existing infrastructure and gaps therein. The States have given timelines which need to be effectively monitored both by the CPCB and the Chief Secretaries in terms of its execution.
17. As already noted, prevention of pollution of water is directly linked to access to potable water as well as food safety. Restoration of pristine glory of rivers is also of cultural and 73 ecological significance. This necessitates effective steps to ensure that no pollution is discharged in water bodies. Doing so is a criminal offence under the Water Act and is harmful to the environment and public health. „Precautionary‟ principle of environmental law is to be enforced.
Thus, the mandate of law is that there must be 100% treatment of sewage as well as trade effluents. This Tribunal has already directed in the case of river Ganga that timelines laid down therein be adhered to for setting up of STPs and till then, interim measures be taken for treatment of sewage. There is no reason why this direction be not followed, so as to control pollution of all the river stretches in the country. The issue of ETPs/CETPs is being dealt with by an appropriate action against polluting industries. Setting up of STPs and MSW facilities is the responsibility of Local Bodies and in case of their default, of the States. Their failure on the subject has to be adequately monitored. Recovery of compensation on „Polluter Pays‟ principle is a part of enforcement strategy but not a substitute for compliance. It is thus necessary to issue directions to all the States/UTs to enforce the compensation regime, latest with effect from 01.04.2020. We may not be taken to be condoning any past violations. The States/UTs have to enforce recovery of compensation from 01.04.2020 from the defaulting local bodies. On failure of the States/UTs, the States/UTs themselves have to pay the requisite amount of compensation to be deposited with the CPCB for restoration of environment. The Chief Secretaries of all the States may furnish their respective compliance reports as per directions already issued in O.A. No. 606/2018."
"II. Report dated 14.08.2019 with regard to monitoring of CETPs
18. The Committee inspected 127 CETPs in 14 States. Figure of CETP assumed to be 97 was not correct. 66 CETPs were found to be non- compliant. CPCB directed SPCBs to take following steps:
1. SPCBs shall direct non-complying CETPs to take immediate corrective actions to comply with the environmental standards.
2. CETP should be directed to take action as per the recommendations provided at Annexure A-N within a time frame.
3. In case of non-complying CETPs, action as deemed fit including levying of environmental compensation may be taken.
4. In case, OCEMS are not connected with CPCB & SPCB servers, ensure a robust system of physical inspections to verify compliance by drawing samples."74
"Discussion on the report dated 14.08.2019
19. We accept the recommendation of the CPCB and direct the Chief Secretaries, State Governments, Union Territories and the SPCBs/PCCs to take further action accordingly and furnish an action taken report accordingly. The CPCB to meanwhile compile and collate information with regard to ETPs, CETPs, STPs, MSW Facilities, Legacy Waste dump sites and complete the pending task on the subject before the next date and furnish a report.
20. The environmental compensation regime for CETP not meeting the prescribed norms need to be evolved by the CPCB."
(emphasis supplied)
7. After the above discussion, this Tribunal proceeded to issue following directions:
"Directions
21. We may now sum up our directions:
(i) The Environmental compensation regime fixed for industrial units, GRAP, solid waste, sewage and ground water in the report dated 30.05.2019 is accepted and the same may be acted upon as an interim measure.
(ii) SPCBs/PCCs may ensure remedial action against non-compliant CETPs or individual industries in terms of not having ETPs/fully compliant ETPs or operating without consent or in violation of consent conditions.
This may be overseen by the CPCB. CPCB may continue to compile information on this subject and furnish quarterly reports to this Tribunal which may also be uploaded on its website.
(iii) All the Local Bodies and or the concerned departments of the State Government have to ensure 100% treatment of the generated sewage and in default to pay compensation which is to be recovered by the States/UTs, with effect from 01.04.2020. In default of such collection, the States/UTs are liable to pay such compensation. The CPCB is to collect the same and utilize for restoration of the environment.
(iv) The CPCB needs to collate the available data base with regard to ETPs, CETPs, STPs, MSW facilities, Legacy Waste sites and prepare a river basin-wise macro picture in terms of gaps and needed interventions.
75(v) The Chief Secretaries of all the States/UTs may furnish their respective compliance reports on this subject also in O.A. No. 606/2018.
List for further consideration on 21.05.2020, unless required earlier. A copy of this order be placed on the file of O.A. No. 606/2018 relating to all States/UTs and be sent to Chief Secretaries of all States/UTs, Secretary MoEF&CC, Secretary Jal Shakti and Secretary, MoHUA.
(emphasis supplied)
8. Before proceeding further, we may also note further order of this Tribunal dated 06.12.2019 in O.A. No. 673/2018 directing as follows:
"XII. Directions:
47. We now sum up our directions as follows:
i. 100% treatment of sewage may be ensured as directed by this Tribunal vide order dated 28.08.2019 in O.A. No. 593/2017 by 31.03.2020 atleast to the extent of in-situ remediation and before the said date, commencement of setting up of STPs and the work of connecting all the drains and other sources of generation of sewage to the STPs must be ensured. If this is not done, the local bodies and the concerned departments of the States/UTs will be liable to pay compensation as already directed vide order dated 22.08.2019 in the case of river Ganga i.e. Rs. 5 lakhs per month per drain, for default in in-situ remediation and Rs. 5 lakhs per STP for default in commencement of setting up of the STP.
ii. Timeline for completing all steps of action plans including completion of setting up STPs and their commissioning till 31.03.2021 in terms of order dated 08.04.2019 in the present case will remain as already directed. In default, compensation will be liable to be paid at the scale laid down in the order of this Tribunal dated 22.08.2019 in the case of river Ganga i.e. Rs. 10 lakhs per month per STP.
iii. We further direct that an institutional mechanism be evolved for ensuring compliance of above directions. For this purpose, monitoring may be done by the Chief Secretaries of all the States/UTs at State level and at National level by the Secretary, Ministry of Jal Shakti with the assistance of NMCG and CPCB.
iv. For above purpose, a meeting at central level must be held with the Chief Secretaries of all 76 the States/UTs atleast once in a month (option ofvideo conferencing facility is open) to take stock of the progress and to plan further action. NMCG will be the nodal agency for compliance who may take assistance of CPCB and may give its quarterly report to this Tribunal commencing 01.04.2020.
v. The Chief Secretaries may set up appropriate monitoring mechanism at State level specifying accountability of nodal authorities not below the Secretary level and ensuring appropriate adverse entries in the ACRs of erring officers. Monitoring at State level must take place on fortnightly basis and record of progress maintained. The Chief Secretaries may have an accountable person attached in his office for this purpose.
vi. Monthly progress report may be furnished by the States/UTs to Secretary, Ministry of Jal Shakti with a copy to CPCB. Any default must be visited with serious consequences at every level, including initiation of prosecution, disciplinary action and entries in ACRs of the erring officers.
vii. As already mentioned, procedures for DPRs/tender process needs to be shortened and if found viable business model developed at central/state level.
viii. Wherever work is awarded to any contractor, performance guarantee must be taken in above terms.
ix. CPCB may finalize its recommendations for action plans relating to P-III and P-IV as has been done for P-I and P- II on or before 31.03.2020. This will not be a ground to delay the execution of the action plans prepared by the States which may start forthwith, if not already started.
x. The action plan prepared by the Delhi Government which is to be approved by the CPCB has to follow the action points delineated in the order of this Tribunal dated 11.09.2019 in O.A. No. 06/2012.
xi. Since the report of the CPCB has focused only on BOD and FC without other parameters for analysis such as pH, COD, DO and other recalcitrant toxic pollutants having tendency of bio magnification, a survey may now be conducted with reference to all the said parameters by involving the SPCB/PCCs within three months. Monitoring gaps be identified and upgraded so to cover upstream and downstream locations of major discharges to the river. CPCB may file a report on the subject before the next date by e-mail at judicial- [email protected].
xii. Rivers which have been identified as clean may be maintained.
7719. It is proper to quote the Sections of Wetlands (Conservation and Management) Rules, 2017 which are as follows:-
Section 2 (g) "wetland" means an area of marsh, fen, peatland or water; whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six meters, but does not include river channels, paddy fields, human-made water bodies/tanks specifically constructed for drinking water purposes and structures specifically constructed for aquaculture, salt production, recreation and irrigation purposes".
Section 4- Restrictions of activities in wetlands.--
(1) The wetlands shall be conserved and managed in accordance with the principle of 'wise use' as determined by the Wetlands Authority.
(2) The following activities shall be prohibited within the wetlands, namely,-
(i) conversion for non-wetland uses including encroachment of any kind;
(ii) setting up of any industry and expansion of existing industries;
(iii) manufacture or handling or storage or disposal of construction and demolition waste covered under the Construction and Demolition Waste Management Rules, 2016; hazardous substances covered under the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 or the Rules for Manufacture, Use, Import, Export and Storage of Hazardous Micro- organisms Genetically engineered organisms or cells, 1989 or the Hazardous Wastes (Management, Handling and Trans-
boundary Movement) Rules, 2008; electronic waste covered under the E-Waste (Management) Rules, 2016;
78(iv) solid waste dumping;
(v) discharge of untreated wastes and effluents from industries, cities, towns, villages and other human settlements;
(vi) any construction of a permanent nature except for boat jetties within fifty metres from the mean high flood level observed in the past ten years calculated from the date of commencement of these rules; and,
(vii) poaching.
Provided that the Central Government may consider proposals from the State Government or Union Territory Administration for omitting any of the activities on the recommendation of the Authority."
"24. It has further been provided in the Section 5 of the Wetlands Rules directing the State Government to prepare a list of all the wetlands of the State within three months from the date of publication of these rules and to prepare a list of wetlands to be notified, within six months from the date of publication of these rules taking into cognizance any existing list of wetlands prepared/notified under other relevant State Acts and recommend identified wetlands, based on their Brief Documents, for regulation under these rules. Further, there is a provision to prepare a comprehensive digital inventory of all wetlands within a period of one year from the date of publication of these rules and upload the same on a dedicated web portal to be developed by the Central Government for the said purpose, the inventory to be updated every ten years. It has further been provided that the State has to develop a comprehensive list of activities to be regulated and permitted within the notified wetlands and their zone of influence. In cases wherein lands within boundary of notified wetlands or wetlands complex have private tenancy rights, recommend mechanisms for maintenance of ecological character through promotional 79 activities.
Section 7 of the Wetlands (Conservation and Management) Rules, 2017 provides as follows:-
"Delegation of powers and functions to the State Governments and Union Territory Administrations.--
(1) The concerned Department of the State Government or Union Territory Administration shall, within a period of one year from the date of publication of these rules, prepare a Brief Document for each of the wetland identified for notification, providing:--
(a) demarcation of wetland boundary supported by accurate digital maps with coordinates and validated by ground truthing;
(b) demarcation of its zone of influence and land use and land cover thereof indicated in a digital map;
(c) ecological character description;
(3) The State Government or Union Territory Administration shall, after considering the objections, if any, from the concerned and affected persons, notify the wetlands in the Official Gazette, within a period not exceeding 240 days from the date of recommendation by the Authority".
20. Next issue which has been raised in this application is fishing and use of chemical. The Municipal Corporation, Bhopal has submitted the reply 80 with the facts that the corporation has received a letter from the office of the Dy. Director, Fisheries, Bhopal on account of complaints and newspaper report published on 11.01.2020. The department has appointed a team to make sudden inspection and file a report with regard to complaint. The team has made a spot inspection on 06.02.2020 of the lake. The inspection team has also sailed through boat with fisherman in the lake to check the validity of news report and the complaint. The team also checked the accessible lime and other, super PS probiotics, which is used in aquaculture. However, the inspecting team has warned the respondent fishermen to not to breed prohibited fishes. The report as submitted by the department has been annexed as R/2 which disclosed that during the inspection, the fishes which were found in the lake were of not prohibited category, further the bill which has been submitted purchased for the fishing is of approved silver Corp and Mrigal Corp.
21. It has also been reported that no harmful chemical has been mixed with the water body and chemical which is used in aquaculture is mixed with the soil so that it may be more effective. The fisheries department has reported that the complaint made by the complainant or the news reporting were not found correct.
22. The Assistant Director of Fisheries in his reply has submitted that the respondent has made spot inspection with the inspection team and found that there is no evidence of use of prohibited fishes and the complaint was found to be wrong and without any base. Further, it has been submitted that department has also inspected the lower lake and found the use of lime , super PS probioring with the soil is not harmful for the water or fishing. In fact these chemicals are necessaries for cleaning the quality of water of the lower lake. Assistant Director, Fisheries has also submitted that the allegation in this case with regard to the use of chemicals of fishing or use of prohibited category of fishes are without any base and without any evidence, it is malice in nature. It has further been reported that the applicant was earlier blacklisted objectively due to forced 81 and fabricated documents enclosed by him.
23. Learned Counsel appearing for the applicant, Shri Rohit Sharma, Advocate has submitted that the report submitted by the Madhya Pradesh Pollution Control Board reveals that there was a use of mud balls with the chemicals which was prohibited and injurious in the lake and that was the reason that the Respondent, Project Proponent was blacklisted against which, a Writ Petition has been filed which is pending before Hon‟ble High Court. The Learned Counsel for Respondent No.3, Sh. Dharamveer Sharma, Advocate has submitted that since the matter is pending before Hon‟ble High Court thus the report of the PCB or the action of the PCB with regard to chemicals are injurious type of mixing of the chemicals through mud balls in the lake areas should not be taken into account and discussed.
24. Since the matter is pending before the Hon‟ble High Court thus we are not going to intervene in this matter. State Pollution Control Board is Statutory Authority and under the provisions as contained in the Environment (Protection) Act, 1986, the Board is at liberty to proceed in accordance with law subject to direction issued from the High Court.
25. Bhopal Municipal Commissioner attended the proceeding on Video Conference and submitted that there are total 81 drains, discharging the water into the waterbody/lake, out of which 47 drains are rainwater drains. Out of the rest drains, the STP is under construction and most of the STP‟s are likely to be completed before December, 2021. He has also submitted that the matter of emersion of idols was taken up by the Administration seriously and a separate Kund/Ghat has been prepared for the emersion of the idols.
26. We direct Municipal Commissioner, Bhopal to ensure that no untreated/sewage water should be discharged into the water bodies, river or lakes and if any violation is found, State Pollution Control Board is at liberty to proceed in accordance with law.
8227. In light of the directions issued by this Tribunal in the matter of Paryavaran Suraksha Samiti Vs. Union of India in the O.A. No. 593/2017. Matter of idol emersion should be taken into consideration by the local administration and Municipal Corporation and guidelines issued by the CPCB in this regard and the guidelines and directions issued by the Hon‟ble Supreme Court and the Hon‟ble High Court and also from this Tribunal should be strictly observed with. The matter of idol emersion must be resolved by public awareness and making alternate arrangements.
28. With above observations, the Original Application 73 of 2020 (CZ) is finally disposed of.
Sheo Kumar Singh, JM Arun Kumar Verma, EM June 28th 2021 O.A. 73-2020(CZ) PN 83