National Green Tribunal
Subhash R Patil vs Mpcb on 6 July, 2020
Item Nos. 01 to 03
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 55/2015 (WZ)
With
Original Application No. 26/2016 (WZ)
With
Original Application No. 37/2016 (WZ)
Subhash Ramkrishna Patil Applicant(s)
Versus
MPCB & Ors. Respondent(s)
With
Vinay Balasaheb Ghule Applicant(s)
Versus
The Commissioner Pune Municipal Corporation & Ors. Respondent(s)
With
Shewalewadi Grampanchayat through
its Sarpanch & Anr. Applicant(s)
Versus
The Commissioner Pune Municipal Corporation & Ors. Respondent(s)
Date of hearing: 06.07.2020
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
HON'BLE MR. SIDDHANTA DAS, EXPERT MEMBER
For Applicant(s) : Mr. Vilas Mahajan, Advocate h/f Mr. Ajay
Gadegaonkar, Advocate for Applicant in O.A. No.
55/2015
Mr. Mahadik Vijay, Advocate for Applicant in O.A.
Nos. 26/2016 & 37/2016
Mr. Sameer khale, Advocate for Applicant Intervener
in O.A. No. 55/2015
For Respondent(s) : Mrs. Supriya Dangare, Advocate
Mr. P. Narayan, Advocate for Pune Municipal
Corporation
Mr. Rahul Garg, Advocate for MoEF& CC in O.A. No.
55/2015
Mr. Saurabh Kullkarni and Prashant Bhat, Advocates
Ms. Shakuntala S. Wadekar, Advocate for Irrigation
Department in O.A. No. 26/2016
Ms. Manasi Joshi, Advocate
1
Mr. Swapnil M. Kakade, O.A. Nos. 26/2016 &
37/2016
ORDER
1. Confluence of two rivers is considered holy in our culture and hence the city located on confluence on Mutha and Mula rivers came to be known as Punya Nagri (holy city) now later on known as Pune.
2. Mula Mutha river is one of the most vulnerable water bodies to pollution because of their role in carrying municipal and industrial wastes and run offs from agriculture lands in their vast drainage basis. Despite various standards and loss as in existence many industries are discharging their waste into the holy river making it quality poor day by day. The restoration of river water quality had been a major challenge to the environmental persons. Aggrieved by the inaction on the part of the local bodies and throwing their garbage into the river and open land and discharging the dirty and untreated water into the river, the applicant in three separate petitions has filed these applications for relief to direct the respondents, public authorities to immediately stop discharge of un-treated sewage in the river flowing in the City of Pune, take measures to clean the rivers, which are polluted on account of discharge of un-treated sewage, repair their STP Plant as they are found to be leaking and also to upgrade them and install new one to treat the entire sewage generated in the City of Pune, to remove the slums/ debris/ Jalparni from the bed/bank of Mula Mutha River, to take necessary antipollution measures to keep the water of Mula Mutha River clean, without pollution as required under the provisions of 2 the Water (Prevention and Control of Pollution) Act, 1974 and to provide full-fledged collection, treatment and disposal facility for the entire sewage and waste material generated within the limits of Pune Municipal Corporation at the earliest, to submit time bound comprehensive City Sanitation Plan.
3. In Original Application No. 37/2016 (WZ), it is prayed that the local bodies and respondents may be directed not to release the untreated water in the river beds, directing the respondents not to release the untreated/ inadequately treated/ improperly treated sewage water into the Mula Mutha irrigation canals and to resume the supply of the drinking water to the village Shewalwadi through the closed pipelines.
4. The applicant in Original Application No. 55/2015 (WZ), has submitted following grounds:
"
iv. That, the Respondents are jointly and severely responsible to follow the provisions of Water (Prevention and Control of Pollution) Act, 1974. The Respondents are also liable to plan, implement and maintain and keep operational the drainage system for sewage generated in the city, as well as Sewage Treatment Plantls established in the Municipal area, for treatment of generated sewage, in order to prevent pollution in the city. The Respondents are responsible to perform the duties and also to exercise such powers with regard to the pollution prevention and maintaining the Environment in the periphery of the city;
v. That the Pune City is a plateau city situated near the western margin of the Deccan plateau. It is situated at a height of 560 Meters above the sea level, near the confluence (Sangam) of Mula and Mutha Rivers. Mula-Mutha later empty into the Bhima River. In a sense, the city is located in the upper Bhima basin. The city is surrounded by hills on the east and the south. The Sinhagad, Katraj and Dive Ghat range is the southern boundary of the urban area.
vi. That the before confluence (Sangam) of Mula and Mutha Rivers both flows from the urbanised area (I) the Mutha River 3 enters in the city at Dhayari and flows to Sangamwadi it runs about 10.40 KMS., (II) the Mula River enters in the city at Balewadi and also flows to Sangamwadi it runs about 22.37 KMS., then from Sangamwadi the Mula - Mutha River flows together and flow to Kharadi, where it runs about 11.75 KMS. The Appellant submits that, the areas mentioned from Dhayri, Balewadi and Kharadi are not the actual starting or end point of the any of these rivers but between these areas the River is mainly affected by the urbanization and the same is increasing day by day.
vii. The Appellant also submits that, there are some other rivers also which are the part of the Pune City those are (I) The Pawana River it confluence in to the Mula river and mainly flows from the Pimpri-Chinchvad Municipal Corporation area, (II) The Ram River it also confluence in to the Mula River. The Appellant submits that, other than this Rivers there are some lakes in the City those are (I) Pashan Lake, (II) Katraj Lake and (III) Snake Park Lake;
viii. The Applicant submits that, he has applied for information under Right to Information Act, 2005, through his colleague Shri. Anant Deou Gawade, vide letter dated 27.01.2014. The Appellant submits that, accordingly information was sent by Sub Regional Officer No. 1, Maharashtra Pollution Control Board, Pune by letter dated 18.02.2014, regarding action taken by Maharashtra Pollution Control Board against Municipal Corporation Pune regarding pollution of water of Mula - Mutha River Pune.
ix. The Applicant submits that, by perusing the Letter dated 07.06.2008, issued by Shri Sanjay Khandare, Member Secretary of the Maharashtra Pollution Control Board, to The Municipal Commissioner, Pune Municipal Corporation, and the same is annexed hereto as ANNEXURE -- A, it is revealed that, the Respondent No. 1, is regularly conducting the water quality, monitoring of surface and ground water at various locations in the state. In Pune region, River Bhima, Mulla-Mutha, Nira, Pawana and Indrayani are regularly monitored at various locations. It is also observed from the monitored data that, water quality of Mula-Mutha River at downstream of Bund Garden, Deccan Bridge, Savarkar Bhavan and Sangam Bridge is severely affected with reference to (i) Dissolved Oxygen (DO), (ii) Bio-Chemical Oxygen Demand (BOD), and (iii) Bacteriological parameter for the designated river stretch standards. Depletion of DO level, high BOD and Bacteriological results at these locations shows major contribution of domestic sewage in the degradation of water quality. This situation has arisen because of discharge of domestic and trade influent in Mula- Mutha River water. In this context applicant submits that Sudarshan Chemicals wherein the trade effluent is generated at large scale and discharged in Mula -- Mutha River, is situated near Sangam Bridge. Similarly two crematorium ground area situated in Bund Garden / Yerawada Area. The sewage as well as solid waste 4 management generating from the cremation activities from the said crematorium grounds are discharged in Mula-Mutha River, resulting the water of the said river is highly polluted. It is also informed by the M. P. C. B. to the Pune Commissioner, that the direct discharge of domestic effluent in the rivers is not allowed, to ensure and protect river water quality;
x. The Applicant submits that, by perusing the Letter dated 14.09.2009, issued by Shri. P. K. Mirashe, Regional Officer, Pune, Maharashtra Pollution Control Board, to The Municipal Commissioner, Pune Municipal Corporation, and the same is annexed hereto as ANNEXURE -- B, it appears from the Letter that, the Board has given conditional consent to PMC, and it is the obligation of the PMC to provide adequate collection, treatment and disposal facility for sewage generated from the area of PMC. It is also appearing that, the MPCB has took the cognizance and informed the PMC about news articles published in the News papers regarding the pollution of Ujani Reservoir due to the discharge of treated / partially treated / untreated sewage in to the River Mula - Mutha, which finally meets Ujani Reservoir. It is also revealed that, the MPCB has carried out the monitoring / survey of the Ujani Reservoir and water quality and STP's installed by PMC, and water quality of the Bhima River. The officers of the MPCB and Central Pollution Control Board, have visited STP's constructed and maintained by the PMC and observed that, out of the 552 MLD Sewage generated in PMC, around 305 MLD was treated and rest of 147 MLD was being discharged into the River Mula Mutha, without any treatment and disinfection, which finally meets to Ujani Reservoir and contaminating the reservoir water quality, thus polluting the river Bhima and damaging the environment. The Appellant submits that, the officers of the MPCB have observed that, the PMC is not initiating proper / suitable steps to install STP's to treat rest of sewage and not taking steps for disinfecting the treated sewage before discharging into river and thereby causing pollution of the Mula Mutha River water including its flora -- fauna. The Appellant further submits that, the officers of the MPCB have directed the PMC (I) To apply for renewal of the consent immediately. (II) To provide full fledged collection, treatment and disposal facility for the entire sewage generated from the area of Pune Municipal Corporation. (III) To utilize treated sewage on land for gardening / irrigation purpose after disinfection only. And (IV) To submit the compliance report along with the time bound program for the aforesaid directions within the 15 days. However, there is no any positive improvement in the conditions.
xxx xxx xxx xiv. The Applicant submits that, the News appeared in various daily newspapers about pollution of Ujani Reservoir, due to discharge of treated / partially treated / untreated sewage into river Mula Mutha which further meets to the Ujani Reservoir, through river Bhima. By discharging untreated 5 effluent into Mula-Mutha river creates threats to the environment as well as to human life at the downstream. Despite of visit of the Board Officials to sewage treatment plants, the Respondent No. 2 has not taken proper care to improve the conditions of their plants engaged in treatment of sewage. Due to direct discharge of part of untreated sewage into the river, it directly impact on the water quality, thus polluting the water of river Mula-Mutha and damaging the environment. Despite of visits by the Officer of the Respondent No. 1 and noting all these irregulaties on the part of the Respondent No. 2 no strong action was taken by the Respondent No. 1. Thus it is clear cut collusion in between the Respondent Nos. 1 & 2.
xv. The Applicant submits that, in daily Newspaper DNA Pune dated 26.02.2014, which is annexed as ANNEXURE - H, a picture has been published on Page No. 5, which shows that, huge waste material is spread the bed of the river resulting its natural flow is obstructed. Similarly some PMC workers are trying to clean Mula-Muta River near Old Yerawada Bridge, as well as cleaning / removing the slums / bushes developed in the river bed. The waste material / debris lying in the Mula-Mutha riverbed on huge scales, as well as development of slums clearly indicate the negligence on the part of the Respondent No. 2, who are not taking care of the natural flow of the river by dredging and cleaning it regularly, which is not controlled by the Respondent No. 1. The Applicant submits that, so also the Respondents failed to maintain the environmental conditions in the locality of Mula Mutha River.
xxx xxx xxx xx. The Applicant submits that, it has come up in the letters
between the Respondents and other documents that, the present the total daily sewage generated from the Pune Corporation area is about 744 MLD, and the Respondent No. 2 has provided around 10 STP's treatment plants and processing about 567 MLD of sewage only, and the remaining sewage about 177 MLD, is directly discharged into Mula-Mutha River untreated. The Applicant submits that, the aforesaid 177 MLD is accounted or indirectly or directly accepted by the Respondents. However, at many places there is direct discharged of the sewage from some riverside residential societies, industries, hotels, slums which is not accounted anywhere and the same is also discharged in the nallas water flows rivers, and ultimately causing danger to river water and polluting the water.
xxii. That it is hazardous to the health and hygiene of the public at large residing in the locality, as well as it also creates environmental problem. It has happened because of negligence on the part of the Respondent No. 2 and no action on the part of the Respondent No. 1 who has to keep control upon the activities of Respondent No. 2, engaged for the 6 disposal of sewage generated in the city. It is therefore necessary to stop the activity of discharging untreated polluted sewage into Mula Mutha River directly without any treatment.
xxiv. The said illegal acts of the Respondents violating all the rules and regulations of the Environment (Protection) Act, as is tend to be injurious to the environment so also it will increase water and air pollution. Thus the said acts of Respondents amounts to violation of environmental loss and it will be lead to environmental pollution causing permanent damages to the environment and to the right of human being for healthy environment.
xxv. That the Urbanization and population growth in the city has led to increased pollution like water, air and noise pollution and its effects on the environment. The Applicant submits that, the rapid increase in population resulted in production of more sewage and hence increased in pollution in rivers.One of the main sources of water pollution is the untreated sewage that is discharged into the water bodies in the city. The Respondent Corporation is not treating 100 % sewage generated in the city, some of the part is treated and the rest untreated sewage is discharged in to the river directly. During the festive seasons disposal of the nirmalya from the bridges in to the rivers, polluting it. During Ganesh Utsav celebrations, idols are immersed in rivers. The Applicant submits that, the Respondents are not providing proper facilities and awareness for the same.
5. It is further submitted that i. Sec 17 (1) (a), (f), and (k) of Water (Prevention & Control of Pollution) Act, 1974 mandates various functions upon the Maharashtra Pollution Control Board. Similarly Sec 17 (2) of the said Act contemplates that Respondent No. 1 may establish of recognize a laboratory or laboratories to perform its functions under this sections efficiently including the analysis of samples of water from any stream or well or of samples of any sewage or trade effluents.
xxx xxx xxx iii. In view of provisions of Sec 24 of The Water (Prevention and Control of Pollution) Act, 1974. Prohibition is imposed on the use of stream or well for disposal of polluting matters etc and as per provisions of Sec 25 & 26 of the said act it is obligatory on the part of every corporation / local body to obtain previous consent of the State Pollution Control Board for discharge of sewage or trade effluent in to the stream or well or on land or for brining into use any new or altered outlets for the discharge of sewage or begin to make any new discharge of sewage.
7iv. The sewage as well as solid waste generating from the cremation activities from the various crematorium grounds in the City are discharged in Mula-Mutha River, resulting contamination of the water of the said river.
v. The existing sewage treatment plants are not having sufficient capacity of treating sewage generated from area of the Pune Municipal Corporation, and are also not fully utilized as there 100%, capacity, and it results in discharge of much untreated / partly treated sewage water directly in Mula -- Mutha Rivers. Infact it is obligatory on the part of the Respondents to provide adequate collection, treatment and disposal facility for the entire 100% sewage generated from the Municipal Corporation area.
vii. Due to the said untreated sewage and unhealthy conditions the air in surrounding area is polluted, causes to bad odor / smell and also causes increasing mosquitoes and flies and which is injurious to the health of public at large. So also it causes damages to the environment and degrade the quality of life.
xxx xxx xxx
x. As per the River Regulatory Zone policy issued by
Government of Maharashtra all the local bodies were supposed to provide arrangements for treatment of total sewage generated in their jurisdiction and are also directed by the aforesaid policy vide its Sr. No. 12 (b), all such STP's shall be established at a distance beyond 100 Miters from River Flood Control Line. However, the Respondent No2 has established his all the STP's within the 100 Mtrs., from the flood line and have violated the direction given under the said Notification.
xi. By discharging untreated effluent into Mula-Mutha river creates threats to the environment as well as to human life. Despite of visit of the Board Officials to sewage treatment plant the Respondent No. 2, has not taken proper care to improve the conditions of their plants engaged in treatment of sewage. Due to direct discharge of part of untreated sewage into Mula-Mutha river has a direct impact on the river water quality, thus polluting the water of river Mula-Mutha and damaging the environment and noting all these irregularities on the part of Respondent No. 2, no strong action was taken by Respondent No. 1."
6. This Tribunal vide order 31.01.2018, directed the respondents and passed an order as follows:
"Some of the Noticees are in person other are also represented through their respective Advocates. For 8 convenience, they shall appear before the Registrar who shall record the details of each of the noticee present today.
As the issue involved is functionality of the STPs and report of the MPCB, we permit each of the noticee to file a statement about the projects they have undertaken and the number of flats and the present position of STP.
If STP is not functional then how much time will required for making functional of the STPs.
Copy of such statement be furnished upon the learned counsel of MPCB.
Such noticees who are absent shall also file such a statement in the Registry after serving copy on learned counsel of Respondent-MPCB within two weeks from now.
List the case appearance of all noticees on 21st February, 2018."
7. Again the matter was taken up on 18.07.2018 and the Tribunal directed the authorities as follows:
"Meeting of the Stakeholder entities with regard to problem of the river water pollution in River Mula-Mutha and its tributaries was convened wherein the different Stakeholders viz. Maharashtra Pollution Control Board (MPCB), Pune Municipal Corporation (PMC), Pimpri Chinchwad Municipal Corporation (PCMC) and Dehu Cantonment Board etc made their presentations/offer their comments and observations.
The MPCB presented the status of monitoring on the Mula-Mutha River system which is depicted below:
River Monitoring Details S. No Name of River No. of Monitoring location 1. Mula 2 2. Mutha 4 3. Mula-Mutha 3 4. Pawana 6 5. Indrayani 3 This indicates that there are only 18 monitoring locations on Mula-Mutha River zone which is grossly inadequate as this river system has a stretch of more than 20 Kms. We also found this monitoring protocol is not in consonance with the problem of river water contamination which the population is facing.9
The monitoring results of river water quality shown by the MPCB during the presentation shows that water quality parameters are far from satisfactory especially w.e.f. relevant parameters and rather the picture is dismal.
The MPCB also presented the status of water supply and sewage generation which is depicted below:
Sr. Name of Water Sewage No. Treated Untreated Disposal No the City supply Generation of Sewage Sewage (MLD) (MLD) STPs (MLD) (MLD)
1. Pune 1222 744 10 392 352 Mula, Municipal (47.31%) Mutha Corporation
2. Pimpri 520 312 13 265 47 Pawna, Chincwad (15.06%) Mula & Municipal Indrayani Corporation River
3. Dehu 12.0 10 -- --- 10 Indrayani Cantonment (100%) & Board Pawana River
4. Khadki 13.74 06 2 6 --- Mula Cantonment River Board
5. Pune 15.0 12 1* 10.5 1.5 Mula-
Cantonment Mutha
Board
River
*Recently Commissioned.
This information amply demonstrates that out of the sewage generation of 1084 MLD, the treated sewage in only to the extent of 673.5 MLD and 410.5 MLD of raw sewage is finding its way into the Mula-Mutha River system which includes its tributaries.
The data with respect to the performance of STP set out by the PMC, PCMC, amply demonstrates that performance of the STP is not satisfactory and we fear that the release of raw sewage in the context of faecal, coliform and total coliform, can cause serious health problem in the catchment of Mula-Mutha river.
The MPCB when asked about their performance with regard to the monitoring protocol apprised us that random monitoring protocol is decided by the Head Office and field entities are simply required to follow the same in letter and spirit which we find to be unacceptable and would like the whole system to be re-examined and detailed monitoring protocol be submitted before us wherein the monitoring is carried out before the point of discharge, at the point of discharge and after the point of discharge so as to manifest the holistic picture of river water quality. We also expect the State Pollution Control Board to carry out monitoring protocol 04 times in a year in order to take into account the meteorological factors.
10We also found during the course of discussions that the position with regard to manpower both technical, scientific and logistics in terms of laboratory equipment is far from satisfactory and there is one laboratory catering to the entire Pune region. We also order that the comprehensive action plan with timelines for augmenting the manpower and logistics would be placed before us within a period of 01 month positively.
The presentation made by the PMC supplemented the database supplied by the State Pollution Control Board. The PMC gave the status of existing sewage treatment plant, the number of which is indicated below:
Existing Sewage Treatment Plants Sr.No. Name Year Operating (MLD) (Average)
1. Mundhawa 2010 45.0 45.0
2. Bhairoba 2003 130.0 80.0
3. Old Naidu 1987 (90.0)* --
4. New Naidu 2010 115.0 100.0
5. Vithalwadi 2010 32.0 33.0
6. Erandwane 2004 50.0 53.0
7. Tanajiwadi 2004 17.0 17.0
8. Bopodi 2003 18.0 14.0
9. Baner 2010 30.0 30.0
10. Kharadi 2012 40.0 44.0 Total 477.0+(90.0) 416.0 *Note: - This plant is under renovation/upgradation included JICA Project.
Further, they also submitted the proposed Sewage Treatment Plants which is as under:
No. Name of STP Design Capacity Treatment for Year 2027 philosophy (MLD)
1. Naidu 127 Anoxic -Oxic Process (A20)+ Power
2. Bhairoba 75 Anoxic -Oxic Process (A20)+ 11 Power
3. Mundhawa 20 Sequencing Batch Reactors (SBR)
4. Vadgaon 26 Extended Aeration (EA)
5. Warje 28 Extended Aeration (EA)
6. Botanical Garden 10 Extended Aeration (EA)
7. Tanajiwadi 15 Extended Aeration (EA)
8. Dhanori 33 Extended Aeration (EA)
9. Matsya Beij 7 Sequencing Batch Kendra Reactors (SBR)
10. Baner 25 Sequencing Batch Reactors (SBR)
11. Kharadi 30 Sequencing Batch Reactors (SBR) Total 396 We expect that PMC shall not only be improving its functional efficiency in terms of its relevant parameters, particularly, the faecal coliform but also shall make the sewerage network coverage so as to cover the entire catchment of Mula-Mutha River system including the newly added areas. We also order that the PMC submits before us the timelines of completion of pending works wherein the timelines depicting should be reasonable. We expect that PMC shall put in place institutionalized system for monitoring the performance efficiency of the sewage treatment plant. We specifically direct the PMC to operationalize the Old Naidu STP which dis-functional and is now being upgraded through JICA Project with an advance technology on war footing and shall ensure that in future no untreated sewage find its way into the river system.
We were informed that the PMC is contemplating installation of a Centralized SCADA for STPs and Intermediate Pumping Station (IPS) to monitor the flow and effluent water quality. We expect that PMC to undertake implementation of this system expeditiously and submit to us the timelines in this regard. We also direct the PCM to expedite the land acquisition for the proposed Sewage Treatment Plants at Vadegaon and Warje. It was also brought to our notice that there are some Housing Co-operative Societies/Colonies which have not installed standalone modular STPs and are releasing the untreated/raw sewage into the adjoining drains which gets drained into river. We, accordingly direct the MPCB to take action against the defaulting Housing Co-operative Societies in accordance with law.
We were also informed that PMC has erected a Grey Water Treatment Plant. We expect the PMC to submit specific timelines before us for bringing more areas where the Grey Water Treatment Plant can be installed.
12We were apprised during the course of the presentation that the PMC is trying to augment the current reuse of the water. We expect the PMC to have a well-documented policy and action plan for reuse of treated water for secondary purposes, if it meets the norms prescribed by the MPCB.
The PCMC made the presentation wherein they demonstrated the status with regard to sewage generation, sewage treated and untreated sewage which finding its way into the river system. It was informed that about 47 MLD of untreated raw sewage is finding its way to Pawna, Mula and Inderayni Rivers. They also placed before us their proposal of the works in hand and proposal of augment the treatment facilities. It was informed that 13 STPs are operating at various locations in its area of jurisdiction along with their performance parameters.
We were apprised that all the STPs operation is being monitored with the help of SCADA system. We direct the PCMC to connect the SCADA system with the server of the MPCB.
It was also revealed during the presentation that in the MIDC area and adjoining villages there are about 6000 small scale industries and many of which generate effluent which is presently being discharged in the river system. Many of the industries as stated above are operating illegally. We direct the MPCB and PCMC to undertake the extensive survey for identification of such units and take action against them in accordance with law. We were also apprised that there is a proposal to install 27 MLD CETP which needs to be put be in place expeditiously. We direct the Maharashtra Chamber of Commerce and Industry (MMCI) and MIDC to take appropriate action in this regard.
One of the stakeholder Advocate apprises us that the Municipal Solid Waste especially the plastic and debris which is thrown in the drains are finding their way to the river system and creating the nuisance. It is hereby ordered that the respective Municipal Corporation and Cantonment Board shall explore the possibility to trap the thrown municipal solid waste, plastics and debris by providing net at the existing points and ensure its regular collection and disposal so that the waste does not reach the river system.
It was apprised that the Dehu Cantonment Board is generating 10 MLD of sewage which is being discharged in two rivers Pawana and Indrayani without any treatment. This depicts the shocking state of affair.
We direct the Dehu Municipal Cantonment Board to expeditiously follow the installation of sewage treatment plant and expedite within a reasonable timeframe and file an affidavit before this Tribunal within 02 weeks' time.
13It was apprised by the MPCB that Indrayani mainly polluted due to discharge of untreated sewage of about 14.23 MLD from Talegaon Municipal Council, Dehu Cantonment Board & Alandi Municipal Council. It was further apprised that Pawana mainly polluted due to discharge of untreated sewage of about 8.0 MLD from Dehu Cantonment Board & discharge of sewage from PCMC area.
None represented the Pune Cantonment Board which is discharging about 1.5 MLD of raw sewage into Mula-Mutha River. We direct the Pune Cantonment Board to take appropriate action and submit the timeline for its completion.
The MPCB, PMC, PCMC, Dehu Cantonment Board and Pune Cantonment Board shall file the report of the action taken by them in terms of the directions passed herein within a period of one (01) month from hence.
The hard copies of the Power Point Presentation of the Pune Municipal Corporation, Pune Municipal Council, Pimpri Chinchwad Municipal Corporation and Maharashtra Pollution Control Board submitted during the presentation are ordered to be taken on record.
List on 24th August, 2018 for submissions of the reports."
8. In compliance thereof, M/s Cummins India Ltd. had submitted the reply which is as follows:
"During the visit the industry has provided PCS which were in operation. The sewage treatment plant was in operation and provided ultra filtration with continuous monitoring system which was seems to be adequate.
The sample of the outlet of STP has been collected and submitted for farther analysis to verify with the consented std.
The treated eff. is Bering used on land for gardening in the own premises. The ultrafiltration water is being used for cooling purpose in circulation. No discharge was found outside the premises & sewer line of PMC The industry has installed UV/ Organization to disinfect the treated domestic water and same was found in operation during the visit.
As per direction issued by the board the industry seems to be complied if operated & maintained the provided pollution control board system."14
9. Maharashtra State Pollution Control Board has submitted an affidavit in compliance of the order dated 18.07.2018 and stated as follows:
"
1. That this Hon'ble Tribunal vide Order dated 18/07/2018 has directed the Respondent Board to carry out monitoring of river water 04 times in a year to understand the quality of river water. In compliance of the said order, the officials of the Respondent Board at Pune visited to the area in question collected the water samples of river, nalla, STP from River Mula, Mutha, Mula-Mutha, Pawana and Indrayani in the month of July, 2018 and October, 2018 till date. Third sampling is done in the month of February, 2019 and collected water samples are submitted to Regional Laboratory for analysis; forth sampling will be done in the month of June, 2019.
2. That a statement showing the analysis results of the water samples of river, nalla and STP collected from River Stretches flowing through the area of Pune Municipal Corporation are attached and annexed herewith as an "Annexure -- I". It is observed that all the parameters of STP water samples, prescribed in the consent are within limit.
3. That Respondent Board collected water samples from river flowing through the area of Pimpri Chinchwad Municipal Corporation in July, 2018 and in October, 2018 till date. The analysis results of the water samples of river, nalla and STP collected from River Stretches flowing through the area of Pimpri Chinchwad Municipal Corporation are attached and annexed herewith as an "Annexure
-- II".
4. That after comparing the results of STP samples collected in July, 2018 from the area under Pimpri Chinchwad Municipal Corporation with Consented standards, it is observed that -
i) BOD parameter of Kasarwadi STP-II, Pimple Nilakh STP, Chikhali-I & II, Charholi STP is exceeding;
ii) COD parameter of Sangavi STP & Chikhali -II STP is exceeding;
iii) Feacal Coliform parameter of Ravet STP Outlet & Charholi STP is exceeding.
iv) Operation & Maintenance of most of STPs in Pimpri Chinchwad Municipal Corporation area is poor.
5. That after comparing the results of STP samples collected in October, 2018 from area under Pimpri Chinchwad Municipal Corporation with Consented standards, it is observed that-
i) BOD parameter of Pimple Nilakh STP is exceeding.
ii) COD parameter Sangavi STP & Chikhali STP is exceeding.
iii) Feacal Coliform parameter of Akurdi STP Outlet & Charholi STP is exceeding.
15iv) Operation & Maintenance of most of STPs in Pimpri Chinchwad Municipal Corporation area is poor.
6. That Respondent Board collected water samples from river flowing through the area in Khadaki Cantonment Board and Pune Cantonment Board in July, 2018 and in October, 2018 till date. The analysis results of the water samples of river, nalla and STP collected from River Stretches flowing through the area of Khadaki Cantonment Board and Pune Cantonment Board are attached and annexed herewith as an "Annexure - Ill".
7. That after comparing the results of STP samples collected in October, 2018 from area under Khadaki Cantonment Board and Pune Cantonment Board with Consented standards, it is observed that the Parameters like Feacal and Total Coliform are exceeding than consented limits at all points and the BOD is exceeding than the consent standards at Khadki STP 1.2 MLD Outlet.
8. That in compliance of the Order dated 18/07/2018 passed by this Hon'ble NGT, the river water samples were collected from the rivers located in Pune Municipal Corporation area, Pimpri Chinchwad Municipal Corporation area and Pune & Khadaki Cantonment Board area.
9. That the analysis results of the river water samples after comparing with Drinking water standards, it is observed that river water quality is not meeting the drinking water standards. Presence of Total Coliform and Feacal Coliform in river water is observed in both PMC and PCMC area.
10. That in compliance of the Order dated 18/07/2018 passed by this Hon'ble Tribunal, the Maharashtra Pollution Control Board and Pimpri Chinchwad Municipal Corporation (PCMC) undertook extensive survey for identification of industrial units located in PCMC area.
11. That PCMC has provided a list of only 52 industries. The said survey was carried out as per the list provided by Pimpri Chinchwad Municipal Corporation to MPCB vide letter dated 10/08/2018. However, the officials of MPCB at Pune have visited total 58 industries. During the visit, it was observed that out of total industries visited, 5 industries found closed; 4 industries could not be found. Out of 58 industries visited by the officials of MPCB, the Board has taken actions against the 41 defaulting industries. A statement showing the actions initiated including Show Cause Notice, Proposed Directions, Voluntary Closure Directions and Directions of Closure is enclosed herewith and marked as an Annexure-'IV'.
12. That the Respondent Board in its 171st meeting held on 31/1/2019 accords its approval for strengthening of MPCB laboratory Tcn- infrastructure, enhancement of automation i.e. procurement of new laboratories as per ISO/IEC 17025:2017 and procurement of instruments & equipment's for MPCB existing & proposed laboratories in phased manner. Further due to vast 16 industrialization in the State of Maharashtra & for implementation of various Environmental enactments, in the said meeting proposed staffing pattern of the MPCB was approved & it has been decided to resubmit to the Government of Maharashtra for seeking necessary sanction.
13. That the Respondent Board has filed Criminal Cases under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 bearing Case No. 44865/2018 against Dehu Road Cantonment Board, Lonavala Municipal Council bearing Case No.44864/2018, Alandi Municipal Council bearing Case No.44863/2018, Talegaon Dabhade Municipal Council bearing Case No.44862/2018 before the Hon'ble Chief Judicial Magistrate Pune.
14. That the Respondent Board shall abide by directions/orders passed by this Hon'ble Tribunal in the aforesaid matter. I crave leave of this Hon'ble Tribunal to file additional affidavit as and when required."
10. After perusal of the report submitted by the State PCB, the BoD parameter, CoD parameter and Fiscal coliform parameters is reported to be exceeding and the STP in Pimpri Chhinchwad Municipal Corporation area was not found to be of performing the required standard parameter. Similarly, another STP was also found the similar problem. The Khadki Containment Board, Pune, STP was also not found upto the standard. The quality of the river water was not of drinking standard. Show Cause Notice has been issued to 41 defaulting industries and it is reported that 5 industries were found closed and 04 industries could not be found.
The consents to operate was granted by the State PCB and it is the duty of the State PCB to find out what happened with the issue of consent to operate conditions. Show cause notice has been issued but no further action has been initiated against those defaulting industries. Similarly, it is reported that criminal case has been lodged against the defaulting industries but as per directions issued by this Tribunal and CPCB with regard to imposition of recovery of EC has not been initiated by the authorities concerned.
17The State PCB is directed to proceed with the recovery of EC against the defaulting industries according to the standard and as per rules.
11. The matter with regard to discharge of untreated water into the river and continuously polluting the water quality of the river and throwing the garbage into the bed of the river are dealt by the Principal Bench of this Tribunal in Original Application No. 673/2018 and vide order dated 22.06.2020, certain directions were issued to all the Chief Secretaries of the States. For ready reference and to remind the authorities concerned, the directions and discussion as mentioned in Original Application No. 673/2018 are reproduced below so that the authorities may comply it:
"
I. The issue: Remedial action for 351 polluted river stretches
1. This order is in continuation of order dated 06.12.2019 on the subject of remedial action to tackle the problem of large-scale pollution of rivers in India, manifested in the form of 351 identified polluted river stretches, based on data compiled by the Central Pollution Control Board ("CPCB"). CPCB data is based on analysis of samples by State Pollution Control Boards/Committees ("PCBs/PCCs") under CPCB's National Water Quality Monitoring Programme ("NWQMP"). We may note that overlapping issues have also been dealt with in several other petitions1 1 These orders include, orders dated:
16.01.2019 as updated subsequently in O.A. No. 606/2018 (dealing with compliance of solid waste management and other environmental norms), 22.08.2019 as updated subsequently in M.C. Mehta V. UOI O.A. No. 200/2014 (pollution of Ganga), see also 2017 NGTR (3) PB 1 28.08.2019 as updated subsequently in Paryavaran Surakhsha O.A. No. 593/2017 (dealing with preventing discharge of untreated sewage and industrial effluents), 13.01.2015 (2015 (ALL(I) NGT REPORTER (1) (DELHI) 139), and 11.09.2019, as updated subsequently in Manoj Mishra V. UOI, O.A. No. 06/2012 (pollution of Yamuna) 22.11.2019 in Stench Grips Mansa's Sacred Ghaggar River (Suo-Moto Case) O.A. No. 138/2016 (TNHRC) (pollution of river Ghaggar) Mahendra Pandey V. UOI & Ors. O.A. No. 58/2017 (river Ramganga, a tributary of river Ganga) Sobha Singh & Ors. V. State of Punjab & Ors. O.A. No. 101/2014 (rivers Sutlej and Beas) Amresh Singh V. UOI & Ors. O.A. No. 295/2016, Execution Application No. 32/2016 (rivers Chenab and Tawi) Nityanand Mishra V. State of M.P. & Ors. O.A. No. 456/2018 (river Son) Doaba Paryavaran Samiti V. State of U.P. &Ors. O.A. No. 231/2014 (river Hindon) 18 and directions issued from time to time. Additionally, cases dealing with pollution in rivers Gomti, Musi and Bhadra, Karamana, Tirur-Ponar as also coastal pollution, restoration of water bodies (also necessary for maintaining flow in rivers) are being dealt with by separate orders today. This list is not exhaustive.
2. Prior to judicially taking cognizance of this matter, on 10.09.2018, this Tribunal had held a chamber meeting with all Tribunal Members and representatives of CPCB, Ministries of Water Resources ("MoWR"), Environment, Forest & Climate Change ("MoEF&CC"), and Housing and Urban Affairs ("MoHUA"), NITI Aayog, National Mission for Clean Ganga ("NMCG"), States of Maharashtra, Gujarat, Tamil Nadu, Andhra Pradesh, Madhya Pradesh, Bihar, Punjab, Uttar Pradesh, NCT of Delhi and Union Territory of Daman & Diu. (Some participating by video conferencing). The issue of pollution of water bodies in the country and need for remedial action was discussed.
3. The present proceedings were initiated suo-motu, based on a news item dated 17.09.2018 in 'The Hindu", titled "More river stretches are now critically polluted: CPCB"2. According to the news item, 351 polluted river stretches have been identified by the CPCB as polluted river stretches. 117 such stretches are in the States of Assam, Gujarat, and Maharashtra. The CPCB has apprised the concerned States of the extent of pollution in the rivers. The most polluted river stretches are from:
Powai to Dharavi - Biochemical Oxygen Demand ("BOD") 250 mg/L;
Godavari - from Someshwar to Rahed - with BOD of 5.0- 80 mg/L;
Sabarmati - Kheroj to Vautha - with BOD from 4.0-147 mg/L;
Hindon - Saharanpur to Ghaziabad - with a BOD of 48- 120 mg/L.
4. The CPCB has a programme to monitor the quality of rivers by measuring BOD. BOD greater than or equal to 30mg/L is termed as 'Priority-I', while that between 3.1-6 mg/L is 'Priority-V'. The CPCB considers BOD less than 3mg/L an indicator of a healthy river. In its 2015 Report 3, the CPCB had identified 302 polluted stretches on 275 rivers, spanning 28 States and six Union Territories. The number of such stretches had now increased to 351 in 2018.
Arvind Pundalik Mhatre V. MoEF&CC &Ors. O.A. No. 125/2018 (river Kasardi) Sudarsan Das V. State of West Bengal & Ors. O.A. No. 173/2018 (river Subarnarekha) Meera Shukla V. Municipal Corporation, Gorakhpur & Ors. O.A. No. 116/2014 (rivers Ami, Tapti, Rohani and Ramgarh lake) 2 https://www.thehindu.com/news/national/more-river-stretches-critically-polluted cpcb/article24962440.ece 3 http://cpcb.nic.in/cpcbold/RESTORATION-OF-POLLUTED-RIVER-STRETCHES.pdf 19 Magnitude of river pollution
5. The Hon'ble Supreme Court has noticed the level of degradation of rivers in India and apathy of the authorities as follows:
"58. Rivers in India are drying up, groundwater is being rapidly depleted, and canals are polluted. Yamuna in Delhi looks like a black drain. Several perennial rivers like Ganga and Brahmaputra are rapidly becoming seasonal. Rivers are dying or declining, and aquifers are getting over pumped. Industries, hotels, etc. are pumping out groundwater at an alarming rate, causing sharp decline in the groundwater levels. Farmers are having a hard time finding groundwater for their crops e.g. in Punjab. In many places there are serpentine queues of exhausted housewives waiting for hours to fill their buckets of water. In this connection John Briscoe has authored a detailed World Bank Report, in which he has mentioned that despite this alarming situation there is widespread complacency on the part of the authorities in India.4 "4. We see Yamuna river virtually turned into a sullage. We take judicial notice of this situation. Similar is the position with Ganges. As it proceeds, industrial effluents are being poured in rivers. Sewage is also being directly put in rivers contributing to the river water pollution. We direct the Pollution Control Boards of the various States as well as the Central Pollution Control Board and various Governments to place before us the data and material with respect to various rivers in the concerned States, and what steps they are taking to curb the pollution in such rivers and to management as to industrial effluents, sewage, garbage, waste and air pollution, including the water management. We club the pending case of water management with this matter.5
6. A reference to relevant observations from a series of judgments of the Hon'ble Supreme Court as well as this Tribunal, in context of several rivers, including river Ganga will be made later herein. Rivers' pollution has affected Indian civilization as a whole, what to talk of aquatic life, loss of biodiversity and affecting food safety. Needless to say that remedial action has to be taken on the principle of sustainable development, especially 'Intergenerational Equity'. The fact that 351 river stretches are identified as polluted is a serious matter. This shows that the concern expressed while enacting the Water Act in the year 1974 has remained largely unaddressed even after 46 years. In fact, the number of 4 State of Orissa v. Govt. of India, (2009) 5 SCC 492 5 M.C. Mehta Vs UOI- W.P. (Civil) No. 13029/1985 dated 25.11.2019 20 polluted river stretches has been rising and may further go up, if the entire relevant data is considered.
7. The Water (Prevention and Control of Pollution) Act, 1974 ("Water Act") prohibits use of any stream or well for disposal of polluted matter but this provision is certainly being held in breach without much consequences for the violators who are liable to be prosecuted and punished by imprisonment to uphold the rule of law and public health. Article 48A of the Constitution casts a duty on the State to protect and improve the environment. Article 51A imposes a fundamental duty on every citizen to protect and improve the environment. The Stockholm Declaration (1972) recommended prevention of pollution by adopting the 'Precautionary Principle', the 'Polluter Pays Principle' and the principle of 'Sustainable Development'. The Statement of objects and reasons for The Water Act is as follows:
"The problem of pollution of rivers and streams has assumed considerable importance and urgency in recent years as a result of the growth of industries and the increasing tendency to urbanisation. It is, therefore, essential to ensure that the domestic and industrial effluents are not allowed to be discharged into the water courses without adequate treatment as such discharges would render the water unsuitable as source of drinking water as well as for supporting fish life and for use in irrigation. Pollution of rivers and streams also causes increasing damage to the country's economy.
A Committee was set up in 1962 to draw a draft enactment for the prevention of water pollution. The report of the Committee was circulated to the State Governments and was also considered by the Central Council of Local Self- Government in September, 1963. This Council resolved that a single law regarding measures to deal with water pollution control, both at the Centre and at the State levels, may be enacted by the Union Parliament. A Draft Bill was accordingly prepared and put up for consideration at a joint session of the Central Council of Local Self-Government and the Fifth Conference of the State Ministers of Town and Country Planning held in 1965. In pursuance of the decision of the joint session, the Draft Bill was considered subsequently in detail by a Committee of Ministers of Local Self-Government from the States of Bihar, Madras, Maharashtra, Rajasthan, Haryana and West Bengal.
Having considered the relevant local provisions existing in the country and recommendations of the aforesaid Committees, the Government came to the conclusion that the existing local provisions are neither adequate nor satisfactory. There is, therefore, an urgent need for introducing a comprehensive legislation which would establish unitary agencies in the Centre and States to provide for the prevention, abatement and control of pollution of rivers and streams, for maintaining or restoring 21 wholesomeness of such water courses and for controlling the existing and new discharges of domestic and industrial wastes."
8. The Hon'ble Supreme Court has held in several matters that it is the duty of the State to ensure access to clean drinking water, which is part of Right to Life. The Hon'ble Court has repeatedly directed State bodies to enforce statutory provisions by municipal bodies and industries by stopping discharge of untreated sewage and effluents in rivers, and prevent water pollution in any form6. It was observed that water pollution causes serious diseases, including Cholera and Typhoid7. It was also observed that the educational institutions must teach atleast for one hour in a week lessons relating to protection and improvement of environment, and suitable awareness programs be undertaken8. Likewise, the issue of Calcutta tanneries was considered in M.C Mehta Vs. Union of India And Ors.9, (Calcutta Tanneries' Matter). The tanneries were directed to be shifted by adopting the 'Precautionary Principle' so as to prevent discharge of effluents in the River Ganga. In view of dangerous potential of pollution, it has been laid down that even the State cannot grant any exemption for discharge of pollutants in water in violation of 'Precautionary' principle.10
9. In spite of the above, in flagrant violation of law of the land, polluted water in the form of sewage, industrial effluents or otherwise as also different forms of solid waste has continued to be discharged in the water bodies including the rivers or the canals/drains meeting the rivers. Violation of law is not only by private citizens but also statutory bodies including the local bodies and also failure of the regulatory authorities in taking adequate steps. There is no adequate coercive action or accountability, weakening the rule of law when large-scale violations go unaddressed despite repeated multitude of judicial orders.
10. It will be appropriate to note the crisis situation in the country on the subject of availability of potable water. The matter has been considered in the report of Niti Aayog on Composite Water Management Index ("CWMI").11
11. The following additional information as per reports in public domain (subject to verification) also need to be noted:
6Orders dealing with pollution of river Pallar, Vellore Citizen Welfare Forum v. UOI, (1996) 5 SCC 647, A.P. Pollution Control Board II v. Prof. M.V. Nayudu, (2001) 2 SCC 62 ¶ 45 river Noyyal, in Tamil Nadu, (2009) 9 SCC 737 river Ganga, M.C. Mehta V. UOI & Ors. (1997) 2 SSC 411, (1988) 1 SCC 471 7 M.C. Mehta (1988), supra n.6 8 Id.9
M.C. Mehta (1997), supra n.6 10 M.V. Nayudu, supra n. 6 11 Niti Ayog on "Composite Water Management Index", June 2018, https://niti.gov.in/writereaddata/files/document_publication/2018-05-18-Water-Index-Report_vS8- compressed.pdf 22
(a) India is suffering from the worst water crisis in history and millions of lives and livelihoods are under threat. Currently, 600 million Indians face high to extreme water stress and about two lakh people die every year due to inadequate access to safe water12. Critical groundwater resources -
which account for 40% of our water supply - are being depleted at unsustainable rates13. The crisis is only going to get worse. By 2030, the country's water demand is projected to be twice the available supply, implying severe water scarcity for hundreds of millions of people and an eventual ~6% loss in the country's GDP14. As per the report of National Commission for Integrated Water Resource Development of MoWR, the water requirement by 2050 in high use scenario is likely to be a milder 1,180 BCM, whereas the present-day availability is 695BCM. The total availability of water possible in country is still lower than this projected demand, at 1,137BCM. Thus, there is an imminent need to deepen our understanding of water resources and usage and use interventions that make our water use efficient and sustainable.
(b) Most states have achieved less than 50% of the total score in the augmentation of groundwater resources, highlighting the growing national crisis--54% of India's groundwater wells are declining, and 21 major cities are expected to run out of groundwater as soon as 2020, affecting ~100 million people15.
(c) With nearly 70% of water being contaminated, India is placed at 120th amongst 122 countries in the water quality index.
(d) As per statistics mentioned before the Lok Sabha on April 6, 2018, waterborne diseases such as cholera, acute diarrhoeal diseases, typhoid and viral hepatitis continue to be prevalent in India and have caused 10,738 deaths, over the last five years since 2017. Of this, acute diarrhoeal diseases caused maximum deaths followed by viral hepatitis, typhoid and cholera.16
(e) As per 'National Health Profile' published by Central Bureau of Health Investigation, Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, a total of 1535 deaths due to acute diarrhoeal diseases was reported during the year 2013.17 Main Causes and requisite Remedial Action for Rivers' Pollution 12 Source: WRI Aqueduct; WHO Global Health Observatory 13 Id.
14McKinsey & WRG, 'Charting our water future', 2009 https://www.mckinsey.com/~/media/mckinsey/dotcom/client_service/sustainability/pdfs/charting %20our%20water%20future/charting_our_water_future_full_report_.ashx; World Bank; Times of India 15 Source: UN Water, 'Managing water under uncertainty and risk', 2010; World Bank (Hindustan Times, The Hindu).
16https://www.indiaspend.com/diarrhoea-took-more-lives-than-any-other-water-borne-disease-in- india-58143/ 17 http://pib.nic.in/newsite/PrintRelease.aspx?relid=106612 23
12. 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 for various purposes affecting e- flow, encroachment of catchment areas and floodplains, over drawl of groundwater, river bank erosion due to number of anthropogenic reasons, such as illegal sand mining.
13. Inspite 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. As per CPCB report, 201618, it has been estimated that 61,948 million liters per day ("MLD") sewage is generated from the urban areas of which treatment capacity of 23,277 MLD is currently existent in India. Thereby the deficit in capacity of waste treatment is of 62%. There is no data available with regard to generation of sewage in rural areas.
14. Effective governance is the need of the hour. If industrial pollution does not stop, the polluters must be dealt with. If sewage dumping does not stop, local bodies have to be made accountable and their heads prosecuted as per the Hon'ble Supreme Court directions19. The Hon'ble Supreme Court only recently20, upheld prosecution of a local body for violation of provisions of the Water Act.
15. Steps have also to be taken for awareness and public involvement21. Water being scarce and necessary for human existence, a Welfare State cannot plead lack of funds for such overriding need for existence of human life22. Thus, requisite budgetary provision has to be made.
16. Implementation timelines for remedial action procedures and interventions have to be shortened to avoid delays. This Tribunal vide Order dated 18.10.2019 in O.A. No. 606/201823 while dealing with the issue of procedures of DPRs and tendering process, observed:
18http://www.sulabhenvis.nic.in/Database/STST_wastewater_2090.aspx July 16, updated December 6, 2016 19 Paryavaran Suraksha Samiti v. UOI, (2017) 5 SCC 326, Para 10-13 20 Criminal Appeal No. 1734 of 2019 in Karnataka State Pollution Control Board Vs B. Heera Naik (26.11.2019) 21 Supra n. 7 22 Municipal Council, Ratlam v. Vardhichand (1980) 4 SCC 162; B.L. Wadhera v. UOI and Ors. (1996) 2 SCC 594 23 Supra n. 1 24 "8. Expeditious compliance of directions for clearance of legacy waste sites as well as stopping of discharge of untreated sewage and directions on associated subjects require immediate implementation for protection of environment and public health by curtailing undue delay. As suggested, necessary technologies need to be standardized with cost breakups for operation and maintenance, including procurement. Besides this, the service providers need to be identified and empaneled. This exercise may also require the concerned authorities to explore business models."
This Tribunal has constituted a Committee headed by Niti Ayog on the subject to give a report within two months, pursuant to which Niti Ayog has done an exercise and uploaded a standards document to the GeM portal24.
17. As per laid down standards, river water is considered to be fit for bathing when it has BOD < 3.0 mg/L, Dissolved Oxygen ("DO") > 5.0 mg/L and Faecal Coliform bacteria ("FC") < 500 MPN/100 ml.
18. As already noted, according to latest assessment by the CPCB, there are 351 polluted river stretches in India i.e. where the BOD > 3mg/L. The plan for restoration of polluted river stretches has to be executed through two-fold concepts. One concept is to enhance river flows through interventions in water sheds/catchment areas for conservation and recharge of rain water (for subsequent releases during lean flow period in a year). This concept will dilute pollutants in rivers and streams to reduce concentration to meet desired level of water quality. Other concept is of regulation and enforcement of standards in conjunction with available flow in rivers /streams and allocation of discharges within stipulated norms. The fact remains that desired result has not been achieved and more and more polluted river stretches are being added to the list. Apart from pH, DO, COD and BOD, if other standards such as FC etc. are also assessed, number of polluted stretches will go even further up.
II. Order dated 20.09.2018 ("First Order") requiring preparation of Action Plans by States/UTs - Preventing discharge of sewage and effluents, dumping of waste, maintaining flood plain zones and e-flow, restoring water quality to bathing standards Timeline: Action Plans in two months and execution in six months
19. In view of above, this Tribunal found it necessary to take up the matter and direct preparation and execution of river Action Plans to control pollution and restore water quality of the river as per norms within reasonable time. Accordingly, 24 As per letter dated 25.6.2020 received by the Registry of this Tribunal 25 vide order dated 20.09.2018 proceedings were initiated as already mentioned para 3 above. It may be noted that there have been successful river cleaning programmes in other countries such as those of river Thames (England), Rhine (Germany) and Danube (France). There being no reason as to why our polluted river stretches also cannot be restored, this Tribunal issued the following directions:
"All States and Union Territories are directed to prepare Action Plans within two months for bringing all the polluted river stretches to be fit at least for bathing purposes (i.e BOD ˂ 3 mg/L and FC ˂ 500 MPN/100 ml) within six months from the date of finalisation of the Action Plans.
The Action Plans may be prepared by four-member Committee comprising, Director, Environment, Director, Urban Development, Director, Industries, Member Secretary, State Pollution Control Board of concerned State. This Committee will also be the Monitoring Committee for execution of the Action Plan. The Committee may be called ''River Rejuvenation Committee'' (RRC). The RRC will function under the overall supervision and coordination of Principal Secretary, Environment of the concerned State/Union Territory.
The Action Plan will include components like identification of polluting sources including functioning/ status of STPs/ETPs/CETP and solid waste management and processing facilities, quantification and characterisation of solid waste, trade and sewage generated in the catchment area of polluted river stretch. The Action Plan will address issues relating to; ground water extraction, adopting good irrigation practices, protection and management of Flood Plain Zones (FPZ), rain water harvesting, ground water charging, maintaining minimum environmental flow of river and plantation on both sides of the river. Setting up of biodiversity parks on flood plains by removing encroachment shall also be considered as an important component for river rejuvenation. The Action Plan should focus on proper interception and diversion of sewage carrying drains to the Sewage Treatment Plant (STP) and emphasis should be on utilization of treated sewage so as to minimize extraction of ground or surface water. The Action Plan should have speedy, definite or specific timelines for execution of steps. Provision may be made to pool the resources, utilizing funds from State budgets, local bodies, State Pollution Control Board/ Committee and out of Central Schemes.
The Action Plans may be subjected to a random scrutiny by a task team of the CPCB.
The Chief Secretaries of the State and Administrators/ Advisors to Administrators of the Union Territories will be personally accountable for failure to formulate Action Plan, as directed.26
All States and Union Territories are required to send a copy of Action Plan to CPCB especially w.r.t Priority I & Priority II stretches for approval.
The States and the Union Territories concern are directed to set up Special Environment Surveillance Task Force, comprising nominees of District Magistrate, Superintendent of Police, Regional Officer of State Pollution Control Board and one person to be nominated by District Judge in his capacity as Chairman of Legal Services Authority on the pattern of direction of this Tribunal dated 07.08.2018, in O.A. No. 138/2016 (TNHRC), "Stench Grips Mansa's Sacred Ghaggar River (Suo-Motu Case).
The Task Force will also ensure that no illegal mining takes place in river beds of such polluted stretches.
The RRC will have a website inviting public participation from educational institutions, religious institutions and commercial establishments. Achievement and failure may also be published on such website. The Committee may consider suitably rewarding those contributing significantly to the success of the project."
20. This Tribunal noted that data compiled by CPCB on polluted river stretches classified such river stretches in five categories:
(a) Criteria for Priority I i. Monitoring locations exceeding BOD concentration 30 mg/L has been considered as it is the standard of sewage treatment plant and in river it appears without dilution. (River locations having water quality exceeding discharge standards for BOD to fresh water sources) ii. All monitoring locations exceeding BOD concentration 6 mg/L on all occasions.
iii. Monitoring locations exceeding 3 mg/L BOD are not meeting desired water quality criteria but does not affect to Dissolved Oxygen level in water bodies. If BOD exceeds 6mg/L in water body, the Dissolved Oxygen is reduced below desired levels.
iv. The raw water having BOD levels upto 5 mg/L are does not form complex chemicals on chlorination for municipal water supplies. Hence the water bodies having BOD more than 6 mg/L are considered as polluted and identified for remedial action.
(b) Criteria for Priority II 27 i. Monitoring locations having BOD between 20-30 mg/L. ii. All monitoring locations exceeding BOD concentration 6 mg/L on all occasions.
(c) Criteria for Priority III i. Monitoring locations having BOD between 10-20 mg/L. ii. All monitoring locations exceeding BOD concentration 6 mg/L on all occasions.
(d) Criteria for Priority IV
i. Monitoring locations having BOD between 6-10 mg/L.
(e) Criteria for Priority V
i. Monitoring locations having BOD between 3-6 mg/l.
ii. Locations exceeding desired water quality of 3mg/l
BOD.
21. A table showing the location and categories have been reproduced in the said order and reference to the same will also be made in the later part of this order. The Action Plans were directed to cover the following:
(a) Source Control Source control includes industrial pollution control and treatment and disposal of domestic sewage as detailed below:
(i) Industrial pollution control A. Inventorisation of industries B. Categories of industry and effluent quality C. Treatment of effluents, compliance with standards and mode of disposal of effluents D. Regulatory regime.
(ii) Channelization, treatment, utilization and disposal of treated domestic sewage.
A. Identification of towns in the catchment of river and estimation of quantity of sewage generated and existing sewage treatment capacities to arrive at the gap between the sewage generation and treatment capacities; B. Storm water drains now carrying sewage and sullage joining river and interception and diversion of sewage to STPs, C. Treatment and disposal of septage and controlling open defecation, D. Identification of towns for installing sewerage system and sewage treatment plants.
(b) River catchment/Basin Management-Controlled ground water extraction and periodic quality assessment 28
(i) Periodic assessment of groundwater resources and regulation of ground water extraction by industries particularly in over exploited and critical zones/blocks.
(ii) Ground water re-charging /rain water harvesting
(iii) Periodic ground water quality assessment and remedial actions in case of contaminated groundwater tube wells/bore wells or hand pumps.
(iv) Assessment of the need for regulating use of ground water for irrigation purposes.
(c) Flood Plain Zone.
(i) Regulating activities in flood plain zone.
(ii) Management of Municipal, Plastic, Hazardous, Bio-
medical and Electrical and Electronic wastes.
(iii) Greenery development- Plantation plan.
(d) Ecological/Environmental Flow (E-Flow)
(i) Issues relating to E-Flow
(ii) Irrigation practices
(e) Such other issues which may be found relevant for
restoring water quality to the prescribed
standards.
III. Order dated 19.12.2018 ("Second Order") reviewing the progress of execution of First Order Action Plans found incomplete and execution timelines too long; time extended to 31.01.2019 subject to compensation of upto One Crore/month per defaulting state;
State PCBs directed to upload water quality online (to also reflect FC)
22. On 19.12.2018 to consider status of compliance of the First Order, we found only 16 States/UTs had prepared Action Plans, but they were not complete. There was no base line data. Preparation of Action Plans was assigned to third parties. Details of STPs etc. were not given. Execution timelines were too long. Status of e-flow was not given. Action Plans were not proposed to be placed on websites to involve educational and other institutions and the public at large. The said States/ UTs were directed to give revised reports on or before 31.01.2019 to CPCB after complying with the deficiencies. The CPCB was to examine the Action Plans and, if they met the scientific and technical yardsticks, to approve the same and convey it to the respective States/UTs. The States/ UTs, after approval were to upload these Action Plans on their respective websites giving clear execution timelines, indicating agencies responsible for execution, along with matching budgetary provisions. By way of last opportunity, we extended the time for preparation of proper Action Plans till 31.01.2019, with the stipulation that for delay thereafter, compensation for damage to the environment would be payable by each of the States/ UTs at the rate of Rs. One 29 Crore per month for each of the Priority- I and Priority- II stretches, Rs. 50 lacs per month for stretches in Priority- III and Rs. 25 lacs per month each for Priority- IV and Priority- V stretches. The payment was to be the responsibility of the Chief Secretaries of the States/Administrators of the UTs and the amount could be recovered from the erring officers personally. The CPCB was to prominently place a notice to this effect and the names of the defaulting States and UTs and on its website.
23. The PCBs and PCCs were further directed to display the water quality of polluted river stretches on their respective websites within one-month alongwith action taken, if any, which was to be updated every three months. The CPCB was also to display the water quality of the river stretches and action/inaction by such States on its websites. CPCB was to devise within two weeks a mechanism for classification wherein, besides BOD, FC, pH, DO and COD shall also be a basis of water quality and classification in Priority Classes. It was further directed that any incomplete Action Plan would be treated as non-compliance. It was made necessary to furnish Performance Guarantees to ensure implementation of Action Plans within the above stipulated time to the satisfaction of CPCB in the sum of:
(a) Rs. 15 crore for each of Priority I & II stretches;
(b) Rs. 10 crore for each of Priority III stretches; and
(c) Rs. 5 crore for each of Priority IV & V stretches IV. Order dated 16.01.2019 in O.A. No. 606/2018 for reviewing significant environmental issues including Polluted River Stretches, in presence of Chief Secretaries of all States/UTs
24. While noticing pan-India violations of environmental norms particularly with regard to solid and liquid waste management, this Tribunal directed Chief Secretaries of all States/UTs to appear in person after acquainting themselves with compliance status of environmental laws and remedial Action Plans. Accordingly, they appeared on various dates and this Tribunal directed further remedial action, including restoration of polluted river stretches in terms of their Action Plans, within six months. After expiry of this stipulated period, with no significant results in respect of all of the States/UTs, the Chief Secretaries were again directed to appear. Some States/UTs have already appeared in second round though much work remains to be done. Thus, all the States/UTs have had sufficient notice of their respective failures to comply with statutory obligations and Hon'ble Supreme Court directions. Any continuing failure has to be viewed seriously and visited with requirement to pay compensation already stipulated, to enforce the Rule of Law.
V. Order dated 08.04.2019 ("Third Order") extending time for execution of Action Plans till 31.03.2021 and constituting a Central Monitoring Committee (CMC) to 30 prepare a National Plan for Rejuvenation of Polluted River Stretches as per timeline
25. The matter was thereafter taken up on 08.04.2019 in light of consolidated and updated report filed by the CPCB on 05.04.2019 to the effect that 28 States and 3 Union Territories had constituted River Rejuvenation Committees ("RRCs"). The CPCB constituted a 'Task Team' for scrutiny of the Action Plans under the Chairmanship of Member Secretary, CPCB. CPCB received 41 out of 45 Action Plans with reference to P-I, 14 out of 16 Action Plans with reference to P-II and total 182 Action Plans were received with reference to P-III to P-V polluted river stretches. 6 out of 61 Action Plans in respect of P-I and P-II were not received from the States of Assam (P-I: 3 viz., Bharalu, Borsola, Silsako) and P-II:1 (Sorusola)), Manipur (P-II: 1 viz., Nambu) and Uttar Pradesh (P-I: viz., river Hindon). It was submitted that the Action Plan in respect of River Hindon was required to be implemented by the Government of Uttar Pradesh in compliance of the NGT Orders in O.A. No. 231/2014 & O.A. No. 66/2015.
26. This Tribunal further observed:
"36. In this endeavor, this Tribunal directed constitution of RRCs by the concerned States/UTs by including Departments of Environment, Urban Development, Industries and the Pollution Control Boards/Pollution Control Committees and further directions to the Chief Secretaries of the States/UTs to monitor the progress. At the national level, CPCB has been required to assist the Tribunal by way of compiling the data and furnishing its views. A copy of order dated 29.09.2018 was directed to be forwarded to the Niti Ayog, Ministry of Water Resources, Ministry of Environment, Forest & Climate Change, Ministry of Housing and Urban Affairs, National Mission for Clean Ganga, apart from other authorities as the said authorities were represented in a chamber meeting before this Tribunal to consider the problem of pollution of rivers.
41. We accept the proposal of CPCB to revise the scale of performance guarantee with regard to timeline. We also accept the suggestions of CPCB to extend the timeline for execution of Action Plans to the extent that upper limit for execution of the Action Plans will be two years from 01.04.2019 and the monitoring of the Action Plans may be done not only at the level of the Chief Secretaries of the States/UTs but also by the CPCB.
42. We direct that CPCB with SPCBs and PCCs to launch nationwide programme on biodiversity monitoring and indexing of the rivers to assess the efficacy of river cleaning programme. Further, for safety of human health and maintaining sanctity of the rivers, regular hygienic surveys of the rivers should be carried out with reference 31 to fecal coliform and fecal streptococci, as indicated in the primary water quality criteria for bathing waters. Nodal agency will be CPCB.
43. Having given due consideration to the serious issue and inadequacy of success achieved so far, we find it necessary to constitute a Central Monitoring Committee ("CMC") to undertake a national initiative by way of preparation and enforcement of a national plan to make river stretches pollution free comprising a senior representative of NITI Aayog, Secretaries Ministry of Water Resources, Ministry of Urban Development, Ministry of Environment, Forest and Climate Change, Director General, National Mission for Clean Ganga and Chairman CPCB. Chairman CPCB will be the nodal authority for coordination. Senior most among them will preside over the deliberations.
44. The CMC will also co-ordinate with the RRCs of the States and oversee the execution of the Action Plans, taking into account the timelines, budgetary mechanism and other factors. Chief Secretaries of States will be the nodal agency at State level. The Chief Secretaries of the States may undertake review of progress of RRCs by involving concerned Secretaries of Department of Urban Development, Environment, Industries, Irrigation and Public Health, Health etc.
45. We also direct the MoEF& CC to consider a policy for giving environmental awards to outstanding persons (natural and juristic) and Institutions/States and introducing dis-incentives for non-compliant states. Such scheme may be framed preferably before 30.06.2019.
27. The composition of CMC was modified vide orders dated 24.04.2019 and 17.05.2019 in O.A. 606/2018 to the effect that other important issues be also considered by the CMC and having regard to the significance of the issues involved, the deliberations of CMC may be presided over by the Cabinet Secretary if viable and if possible, PMO may depute an Observer at important deliberations.
VI. CMC Report dated 11.06.2019 and Tribunal order dated 18.07.2019 disapproving the same for not being in conformity with its orders
28. The CMC meeting was held on 11.06.2019 without taking cognizance of further orders dated 24.04.2019 requiring other issues also to be taken up for consideration and order dated 17.05.2019 requesting the Cabinet Secretary to preside over the deliberation25. Accordingly, this Tribunal observed 25 Order dated 18.07.2019 in O.A. No. 606/2018 (State of J&K) 32 that CMC may give its report by 31.08.2019, failing which, the Tribunal may proceed without the benefit of such report. On MoEF&CC application26 seeking extension of time to furnish CMC report, this Tribunal so granted extension until 31.10.2019. The report was ultimately filed only on 19.06.2020, and that too not by CMC, but rather a monitoring committee constituted under a later order.
29. The report dated 11.06.2019 was considered vide order dated 06.12.2019 and it was observed:
"32. The above timelines being in conflict with the mandate of environmental law, and the Constitutional guarantees in terms of the judgments of the Hon'ble Supreme Court and earlier orders of this Tribunal, and cannot be accepted. Vide order dated 18.07.2019 in O.A. No. 606/2018 (J&K), Para 47, this Tribunal noted that proceedings dated 11.06.2019 did not meet the mandate of this Tribunal. Further the Tribunal had already fixed specific timelines which the Committee could not change. The Committee was expected to facilitate the directions of this Tribunal and not to nullify the same. As already noted, the issue is a major concern for the people of the country. Discharge of untreated sewage is a criminal offence and affects right to life. Failure to enforce the law cannot be condoned by giving long timelines unconditionally. Apart from the timelines fixed in the order dated 08.04.2019, timelines given by the Hon'ble Supreme Court for 100% sewage in Paryavaran Suraksha, (2017) 5 SCC 326 have expired. This Tribunal has directed that compensation will be payable if 100% sewage is not ensured even till 31.03.2020. In the context of river Ganga, outer timeline for ensuring that all the requisites STPs are set up is 31.12.2020 and interim in-situ remediation is 31.10.2019 and for Yamuna also somewhat similar timeline has been fixed.
33. We may note the observations of the Hon'ble Supreme Court in several decisions:
"26. Enactment of a law, but tolerating its infringement, is worse than not enacting a law at all. The continued infringement of law, over a period of time, is made possible by adoption of such means which are best known to the violators of law. Continued tolerance of such violations of law not only renders legal provisions nugatory but such tolerance by the enforcement authorities encourages lawlessness and adoption of means which cannot, or ought not to, be tolerated in any civilized society. Law should not only be meant for the law-abiding but is meant to be obeyed by all for whom it has been enacted. A law is usually enacted because the legislature feels 26 I. A. 551/2019 disposed of on 04.09.2019 33 that it is necessary. It is with a view to protect and preserve the environment and save it for the future generations and to ensure good quality of life that Parliament enacted the anti-pollution laws, namely, the Water Act, Air Act and the Environment (Protection) Act, 1986. These Acts and Rules framed and notification issued thereunder contain provisions which prohibit and/or regulate certain activities with a view to protect and preserve the environment. When a law is enacted containing some provisions which prohibit certain types of activities, then, it is of utmost importance that such legal provisions are effectively enforced. If a law is enacted but is not being voluntarily obeyed, then, it has to be enforced. Otherwise, infringement of law, which is actively or passively condoned for personal gain, will be encouraged which will in turn lead to a lawless society. Violation of anti-pollution laws not only adversely affects the existing quality of life but the non-enforcement of the legal provisions often results in ecological imbalance and degradation of environment, the adverse effect of which will have to be borne by the future generations.27 "45....... The Government could not pass such orders of exemption having dangerous potential, unmindful of the fate of lakhs of citizens of the twin cities to whom drinking water is supplied from these lakes. Such an order of exemption carelessly passed, ignoring the "precautionary principle", could be catastrophic."28 "61. ..... If the laws are not enforced and the orders of the courts to enforce and implement the laws are ignored, the result can only be total lawlessness. It is, therefore, necessary to also identify and take appropriate action against officers responsible for this state of affairs. Such blatant misuse of properties at large-scale cannot take place without connivance of the officers concerned. It is also a source of corruption. Therefore, action is also necessary to check corruption, nepotism and total apathy towards the rights of the citizens."29 "15. .... Time has come to require the State Governments to explain why they should not be asked to compensate the persons who are being affected by bad air quality. Obviously, the State 27 INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION V. UOI & ORS. (1996) 5 SCC 281 28 A.P. Pollution Control Board II v. Prof. M.V. Nayudu, (2001) 2 SCC 62 29 M.C. Mehta v. UOI, (2006) 3 SCC 399 - Public functionaries 34 is run by the administration, why liability should not be imposed for such a tort on the concerned machinery also of the various States which are failing to discharge their basic duties. This Court in Municipal Council, Ratlam Vs. Vardhichand & Ors., reported in (1980) 4 SCC 162 has held they have to take proper and positive action in this direction. It is their bounden duty to provide civic amenities, and also to see that self-created bankruptcy does not come in the discharge of the statutory obligation which are necessary for existence of human life. We have seen during the course of the arguments that one State is passing the burden upon the Centre and then it is stated on behalf of the Central Government that they have framed scheme and it for the State Governments to implement it. We expect not only the 'policy making' but also its 'implementation'. Let the States of Punjab, Haryana, Uttar Pradesh and the Government of NCT of Delhi respond, due to the air pollution, why the concerned Government and its concerned machinery, from top to bottom, should not be asked to compensate the citizens of Delhi and adjoining areas for various diseases which are being caused and sufferings and troubles which are being faced and the report indicates the life span is being shortened. Let show cause notice be issued to the various State Governments, and to the Chief Secretaries, to submit reply within six weeks. Let the matter be listed for consideration on 17.01.2020. The Chief Secretaries to the States of Punjab, Haryana, Uttar Pradesh and Government of NCT of Delhi be personally present on that date."30
34. In view of above observations, the timeline proposed in the minutes of CMC dated 11.06.2019 cannot be accepted and the timeline already laid down will have to be strictly adhered to with the consequences as stipulated therein."
VII. Order dated 22.08.2019 - Directions regarding control of pollution of river Ganga in pursuance of orders of Hon'ble Supreme Court in (2015) 12 SCC 764 and orders of this Tribunal
30. In M.C. Mehta v. Union of India, (2015) 12 SCC 764, the Hon'ble Supreme Court held:
"2. This Court has over the past thirty years or so passed a series of orders to which we need not refer except a few that are specially notable. The first of these orders was passed as early as on 9-9-1985 by which this Court issued notices to all the industries situated in the urban areas on the banks of River Ganga to stop discharging effluents from their factories 30 M.C. Mehta Vs UOI- W.P. (Civil) No. 13029/1985 dated 25.11.2019 35 without treating the same properly in accordance with the standards prescribed by the Central Pollution Control Board. General notices pursuant to the said direction were issued and published in various newspapers in response whereto some of the industries filed affidavits while others did not even choose to appear. By another order dated 10-12-19911 this Court directed compliance with the earlier directions and closure of such of the industries as failed to do the needful.
3. The third significant order to which we must refer at this stage is an order dated 22-9-19872 whereby this Court directed closure of as many as 20 tanneries working on the banks of Ganga and discharging effluents into the river. The relevant passages from the said order read: (M.C. Mehta case2, SCC pp. 479-80, paras 14-17)...
4. What is important is that this Court upon consideration of several reports including scientific studies recorded a specific finding to the effect that industrial pollutants were ten times more noxious then domestic waste no matter the latter is also one of the causes for the pollution of the river. The above directions were soon followed by a further order dated 12-1-19883 by which this Court while reiterating the earlier directions ordered the municipalities concerned to set up sewage treatment plants to ensure that untreated domestic sewage does not enter the river to pollute the waters. This Court observed: (M.C. Mehta case3, SCC p. 489, para 17) "17. It is no doubt true that the construction of certain works has been undertaken under the Ganga Action Plan at Kanpur in order to improve the sewerage system and to prevent pollution of the water in the River Ganga. But as we see from the affidavit filed on behalf of the authorities concerned in this case the works are going on at a snail's pace. We find from the affidavits filed on behalf of the Kanpur Nagar Mahapalika that certain target dates have been fixed for the completion of the works already undertaken. We expect the authorities concerned to complete those works within the target dates mentioned in the counter- affidavit and not to delay the completion of the works beyond those dates. It is, however, noticed that the Kanpur Nagar Mahapalika has not yet submitted its proposals for sewage treatment works to the State Board constituted under the Water Act. The Kanpur Nagar Mahapalika should submit its proposals to the State Board within six months from today."
This Court also directed that applications for grant of licences to establish new industries shall be refused unless adequate provisions are made for the treatment of trade effluents flowing out of the factories and that immediate action should be taken against industries found responsible for polluting the river.
36...
15. We regret to say that the intervention and sustained efforts made by us over the past 30 years notwithstanding no fruitful result has been achieved so far except the shutting down of some of the polluting units. This is largely because while orders have been passed by us their implementation remains in the hands of statutory authorities including the CPCB and the State PCBs which have done practically nothing to effectuate those orders or to take independent steps that would prevent pollution in the river. A total lack of monitoring by the statutory bodies has also contributed to the current state of affairs. The report of the Comptroller and Auditor General to the effect is a clear indictment of the statutory authorities and those at the helm of their affairs.
16. There is no gainsaying that River Ganga has for the people of this country great significance not only in the spiritual or mythological sense but also in material terms for it sustains millions who are settled on its bank or eke out their living by tilling lands that are fertilised by its water. Despite the experience of the past we have not lost hope, for the Central Government appears to be resolute in its efforts to ensure that the mission of cleaning the holy river is carried forward and accomplished. How far will the Government's renewed zeal make any difference on the ground is for anyone to guess.
17. What is, however, clear is that if the mission has to succeed, all those concerned will have to rededicate themselves to the accomplishment of the cause that will not only cleanse the holy river but comfort millions of souls that are distressed by the fetid in what is believed to be so holy and pure that a dip in its water cleanses all sins. Statutory authorities that are charged with the duty to prevent pollution need to monitor and take action where they find any breach of the law. Failure of the authority to do so may also have to be noted for such action as may be required under law. This may call for a closer monitoring of the performance of all concerned. Time constraints unfortunately do not allow us to do that on a continuing basis no matter we have over the past thirty years devoted enough time and energy in that direction.
18. We are comforted by the thought that the National Green Tribunal has been established under the National Green Tribunal Act, 2010. The Tribunal, it is evident from the provisions of the Act, has the power to take stock of the situation and pass necessary orders on the subject. It has the legislative mandate to undertake effective and 37 speedy adjudication and disposal of issues touching preservation of environment by prevention of pollution. It is in the above backdrop that we consider it more appropriate to refer the issue relating to enforcement of the provisions of the statutes touching environment and its preservation arising out of discharge of industrial effluents into River Ganga to the National Green Tribunal.
19. We are confident that the Tribunal which has several experts as its members and the advantage of assistance from agencies from outside will spare no efforts to effectively address all the questions arising out of industrial effluents being discharged into the river. This will include discharge not only from the grossly polluting industries referred to in the earlier part of this order but also discharge from "highly polluting units" also. As regards the remainder of the matter concerning discharge of domestic sewage and other sources of pollution we will for the present retain the same with us.
20. We accordingly request the Tribunal to look into all relevant aspects and to pass appropriate directions against all those found to be violating the law. We will highly appreciate if the Tribunal submits an interim report to us every six months only to give us an idea as to the progress made and the difficulties, if any, besetting the exercise to enable us to remove such of the difficulties as can be removed within judicially manageable dimensions.."
(internal citations omitted) (emphasis supplied)
31. Vide order dated 22.08.201931, this Tribunal issued directions and laid down coercive measures to be taken to restrain discharge of untreated sewage in river Ganga:
"16 .......As already observed by this Tribunal including in the order dated 14.05.2019 that River Ganga being National River with distinct significance for the country, even a drop of pollution therein is a matter of concern. All the authorities have to be stringent and depict zero tolerance to the pollution of River Ganga. Wherever STPs are not operating, immediate bioremediation and/or phyto- remediation may be undertaken if feasible. To avoid procedural delay of tender processes, etc. specifications and norms for undertaking such activities may be specified in consultation with the CPCB as was earlier directed in our order dated 29.11.2018. Performance guarantees may be required to be furnished for ensuring timely performance. It needs to be ensured that setting up of STPs and sewerage network to be completed and carried out 31 O.A. 200/2014, dealing with the pollution of river Ganga 38 so as to avoid any idle capacities being created. Performance guarantees may be taken for preventing such defaults.
17. Wherever the work has not commenced, it is necessary that no untreated sewage is discharged into the River Ganga. Bioremediation and/or phytoremediation or any other remediation measures may start as an interim measure positively from 01.11.2019, failing which the State may be liable to pay compensation of Rs. 5 Lakhs per month per drain to be deposited with the CPCB. This however, is not to be taken as an excuse to delay the installation of STPs. For delay of the work, the Chief Secretary must identify the officers responsible and assign specific responsibilities. Wherever there are violations, adverse entries in the ACRs must be made in respect of such identified officers. For delay in setting up of STPs and sewerage network beyond prescribed timelines, State may be liable to pay Rs. 10 Lakhs per month per STP and its network. It will be open to the State to recover the said amount from the erring officers/contractors.
15. With regard to works under construction, after 01.07.2020, direction for payment of environmental compensation of Rs. 10 lakhs per month to CPCB for discharging untreated sewage in any drain connected to river Ganga or its tributaries and Rs. 10 lakhs per month to CPCB per incomplete STP and its sewerage network will apply. Further with regard to the sectors where STP and sewerage network works have not yet started, the State has to pay an Environmental Compensation of Rs. 10 lakhs per month after 31.12.2020. The NMCG will also be equally liable for its failure to the extent of 50% of the amount to be paid. Till such compliance, bioremediation or any other appropriate interim measure may start from 01.11.2019."
VIII. Order dated 28.08.2019, in pursuance of Hon'ble Supreme Court judgment in (2017) 5 SCC 326, for 100% treatment of sewage by 31.3.2018
32. In Paryavaran Suraksha Samiti v. UOI, (2017) 5 SCC 326, the Hon'ble Supreme Court held:
"10. Given the responsibility vested in municipalities under Article 243-W of the Constitution, as also, in Item 6 of Schedule XII, wherein the aforesaid obligation, pointedly extends to "public health, sanitation conservancy and solid waste management", we are of the view that the onus to operate the existing common effluent treatment plants, rests on municipalities (and/or local bodies). Given the aforesaid responsibility, the municipalities (and/or local bodies) concerned, cannot be permitted 39 to shy away from discharging this onerous duty. In case there are further financial constraints, the remedy lies in Articles 243-X and 243-Y of the Constitution. It will be open to the municipalities (and/or local bodies) concerned, to evolve norms to recover funds, for the purpose of generating finances to install and run all the "common effluent treatment plants", within the purview of the provisions referred to hereinabove. Needless to mention that such norms as may be evolved for generating financial resources, may include all or any of the commercial, industrial and domestic beneficiaries, of the facility. The process of evolving the above norms, shall be supervised by the State Government (Union Territory) concerned, through the Secretaries, Urban Development and Local Bodies, respectively (depending on the location of the respective common effluent treatment plant). The norms for generating funds for setting up and/or operating the "common effluent treatment plant" shall be finalised, on or before 31-3-2017, so as to be implemented with effect from the next financial year. In case, such norms are not in place, before the commencement of the next financial year, the State Governments (or the Union Territories) concerned, shall cater to the financial requirements, of running the "common effluent treatment plants", which are presently dysfunctional, from their own financial resources.
11. Just in the manner suggested hereinabove, for the purpose of setting up of "common effluent treatment plants", the State Governments concerned (including, the Union Territories concerned) will prioritise such cities, towns and villages, which discharge industrial pollutants and sewer, directly into rivers and water bodies.
12. We are of the view that in the manner suggested above, the malady of sewer treatment, should also be dealt with simultaneously. We, therefore, hereby direct that "sewage treatment plants" shall also be set up and made functional, within the timelines and the format, expressed hereinabove.
13. We are of the view that mere directions are inconsequential, unless a rigid implementation mechanism is laid down. We, therefore, hereby provide that the directions pertaining to continuation of industrial activity only when there is in place a functional "primary effluent treatment plants", and the setting up of functional "common effluent treatment plants" within the timelines, expressed above, shall be of the Member Secretaries of the Pollution Control Boards concerned. The Secretary of the Department of Environment, of the State Government concerned (and the Union Territory concerned), shall be answerable in case of default. The Secretaries to the Government concerned shall be responsible for 40 monitoring the progress and issuing necessary directions to the Pollution Control Board concerned, as may be required, for the implementation of the above directions. They shall be also responsible for collecting and maintaining records of data, in respect of the directions contained in this order. The said data shall be furnished to the Central Ground Water Authority, which shall evaluate the data and shall furnish the same to the Bench of the jurisdictional National Green Tribunal.
14. To supervise complaints of non-implementation of the instant directions, the Benches concerned of the National Green Tribunal, will maintain running and numbered case files, by dividing the jurisdictional area into units. The abovementioned case files will be listed periodically. The Pollution Control Board concerned is also hereby directed to initiate such civil or criminal action, as may be permissible in law, against all or any of the defaulters."
(emphasis supplied)
33. Vide order dated 28.08.201932, this Tribunal held:
"15. It is clear from the order of the Hon'ble Supreme Court33 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, 32 O.A. No. 593/2017, Paryavaran Suraksha Samiti v. UOI 33 Para 10-14 in Paryavaran Suraksha Samiti v. UOI, (2017) 5 SCC 326 41 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 basinwise 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 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 42 States may furnish their respective compliance reports as per directions already issued in O.A. No. 606/2018.
21. We may now sum up our directions:
(i), (ii). ....
(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."
34. The above matter (O.A. No. 593/2017) was further reviewed recently vide order dated 21.05.2020. Reference may only be made to paras 13 and 26 as follows:
"13. The above report shows that some steps have been initiated against non-compliant ETPs/CETPs/STPs while further steps need to be taken. With regard to industries not having ETP or not connected to CETP, pending construction of CETPs as mentioned in the above report, the State PCBs/PCCs may ensure that there is no discharge of any untreated pollutants by the industries and such polluting activities must be stopped and compensation recovered for the non-compliance, if any, apart from any other legal action in accordance with law. As regards non-compliant STPs, further action may be completed by the State PCBs/PCCs and it may be ensured that there is 100% treatment of sewage and till STPs are set up, atleast in-situ remediation takes place. However, on account of Corona pandemic which has affected several on-going activities, the timeline of levy of compensation in terms of order dated 28.08.2019 in O.A. No. 593/2017 read with order dated 06.12.2019 in O.A. No. 673/2018, of 01.04.2020 may be read as 01.07.2020 and 01.04.2021 may be read as 01.07.2021. Further reports may be taken by the CPCB from all the State PCBs/PCCs as per the system evolved by the CPCB from time to time.
... ... ....
26. Summary of directions:
i. All States/UTs through their concerned
departments such as Urban/Rural
Development, Irrigation & Public Health, Local Bodies, Environment, etc. may ensure formulation and execution of plans for sewage 43 treatment and utilization of treated sewage effluent with respect to each city, town and village, adhering to the timeline as directed by Hon'ble Supreme Court. STPs must meet the prescribed standards, including faecal coliform.
CPCB may further continue efforts on compilation of River Basin-wise data. Action Plans be firmed up with Budgets/Financial tie up. Such plans be overseen by Chief Secretary and forwarded to CPCB before 30.6.2020. CPCB may consolidate all Action Plans and file a report accordingly.
Ministry of Jal Shakti and Ministry of Housing and Urban Affairs may facilitate States/UTs for ensuring that water quality of rivers, lakes, water bodies and ground water is maintained.
As observed in para 13 above, 100% treatment of sewage/effluent must be ensured and strict coercive action taken for any violation to enforce rule of law. Any party is free to move the Hon'ble Supreme Court for continued violation of its order after the deadline of 31.3.2018. This order is without prejudice to the said remedy as direction of the Hon'ble Supreme Court cannot be diluted or relaxed by this Tribunal in the course of execution. PCBs/PCCs are free to realise compensation for violations but from 1.7.2020, such compensation must be realised as per direction of this Tribunal failing which the erring State PCBs/PCCs will be accountable.
ii. The CPCB may study and analyse the extent of reduction of industrial and sewage pollution load on the environment, including industrial areas and rivers and other water bodies and submit its detailed report to the Tribunal.
iii. During the lockdown period there are reports that the water quality of river has improved, the reasons for the same may be got studied and analysed by the CPCB and report submitted to this Tribunal. If the activities reopen, the compliance to standards must be maintained by ensuring full compliance of law by authorities statutorily responsible for the same.44
iv. Accordingly, we direct that States which have not addressed all the action points with regard to the utilisation of sewage treated water may do so promptly latest before 30.06.2020, reducing the time lines in the Action Plans. The timelines must coincide with the timelines for setting up of STPs since both the issues are interconnected. The CPCB may compile further information on the subject accordingly.
v. Needless to say that since the issue of sources of funding has already been dealt with in the orders of the Hon'ble Supreme Court, the States may not put up any excuse on this pretext in violation of the judgment of the Hon'ble Supreme Court."
IX. Order dated 11.09.2019 - Directions regarding control of pollution of river Yamuna in pursuance of orders of Hon'ble Supreme Court in (2012) 13 SCC 736 and Tribunal's earlier orders
35. In News Item Published in Hindustan Times Titled "And Quiet Flows the Maily Yamuna", In re, (2012) 13 SCC 736, the Hon'ble Supreme Court observed:
"1.4. This writ petition is of the year 1994 and has been pending in this Court since then (approximately for a period of 18 years).
1.5. This Court should find appropriate ways to pass such orders which would dispose of this petition while attaining the object of making the Yamuna pollution free. It should also ensure that no person, including corporations or other industries, discharge their sewage, trade or other effluents directly into Yamuna, without treating the same in accordance with the provisions of the Environment Protection Act.
1.6. In order to have a complete background of this case and the directions required to be passed by this Court, it is required that:
1.6.1. The learned counsel appearing for the parties be directed to file written submissions supported by an affidavit stating the complete background of the case according to that authority, litigant or industry.
1.6.2. Whether any treatment plants have been constructed by the public authorities, in particular for treatment of sewage before its discharge into River Yamuna at Delhi, Haryana and the districts of Uttar Pradesh.45
1.7. If the answer to the same is in affirmative, then its details and if the same is in the negative, its reasons. It may also be stated as to why was it not possible for the authorities concerned to construct such treatment plants and ensure their functioning even after lapse of such a long period of time. If they could not be made operational, why the alternative systems of sewage or trade disposal were not adopted rather than discharging metric cubic tonnes of discharge into Yamuna River.
1.8. Whether any of the State Governments and particularly Haryana, Delhi and Uttar Pradesh has appointed Consultants to finalise the design and places of installation of sewerage treatment plants. If so, whether such experts have submitted their reports to the State Governments and what action has been taken by the respective State Governments.
1.9. Committees: How many committees have been appointed under the orders of this Court or otherwise, by the State Governments, directly with reference to this writ petition.
Details with regard to the functioning of these committees, analysis of the reports, if any, submitted by the said committees and implementation of their reports, may also be furnished.
1.10. Costing: How much expenditure has so far been incurred by the Central or the respective State Governments on the projects relating to cleaning and making Yamuna River free of pollution and the details of such projects on which such expenditures have been incurred by the respective States.
1.11. Whether audit of such expenditure has been done by any competent authority i.e. CAG or the State Accounts Department, if so, the particulars of the reports and if any objections were taken/pointed out."
(emphasis supplied)
36. The proceedings were then transferred to this Tribunal. The Supreme Court later observed:
"We are satisfied, that the National Green Tribunal is examining the issue in hand effectively, and is passing appropriate orders from time to time. In the instant view of the matter, we consider it just and appropriate to transfer these proceedings and the writ petition to the National Green Tribunal. Ordered accordingly."34
37. Vide the order dated 11.09.2019, in O.A. No. 06/2012, dealing with river Yamuna, this Tribunal observed as follows:
34Order dated 24.04.2017, W.P. No. 725/ 1994 (Supreme Court).46
"12. One of the major concerns of this Tribunal is that repeated directions remain un-complied and inspite of largescale failures, no accountability is fixed. There is huge loss to public exchequer for which no action is taken. Timelines are conveniently and unilaterally changed. Officers indulge in blame game in shifting responsibility from one to another. There is failure at higher levels in monitoring and taking actions. If this continues, it is difficult to expect any positive change for long. This requires paradigm shift in approach adopted so far. The approach to be adopted is to have clear time- bound plan with flexibility and due to accountability for failure by way of departmental action and monetary compensation. The rescheduled timelines have to be compressed so as to complete every action by December, 2020 except where shorter timelines are specified in this order or are otherwise possible. If any contract permits longer timeline, it is clearly in violation of binding orders of the Tribunal which has attained finality. Violation thereof is per se criminal offence. Such longer timeline has to be consistent with orders of the Tribunal and compressed within 31.12. 2020. Failing to do so may invite criminal prosecution NMCG may also monitor the compliance. The Chief Secretaries of Delhi, Haryana and U.P. have to personally see the compliance and have to set up Monitoring Cell directly under them. Vice Chairman, DDA can also monitor and coordinate with Chief Secretary, Delhi. All other departments can monitor subject to overall directions of the Chief Secretaries. This can avoid shifting of responsibilities once ownership is with highest authorities in the State. Monthly review reports may be shared with the Monitoring Committee and also placed on websites of concerned States. Failure and successes of the individual involved may be specifically recorded and reflected in service record of the concerned officer. Stock taking may be done by the Chief Secretaries of the failure and successes so far and appropriate actions be initiated against those who have been responsible for the failure. Nodal Officers may be identified in respect of different projects clearly defining the responsibilities. Wherever there is misappropriation of funds, criminal case has to be registered. Posting of Officers entrusted with the responsibility may be reviewed from time to time depending on their responsibility. Procedure for giving of contracts may be shortened and standardized at State level and if possible at National level by NMCG and CPCB. Giving of contracts should be based on successful credentials instead of mere lowest rates. Pollution load at entry and exist point of each concerned State may or at entry points of each drains need to be recorded periodically. The Chief Secretaries of 47 Delhi, Haryana and U.P. may furnish action taken reports in this regard at the time of their personal appearance before this Tribunal in O.A. 606/2018.
13. Priorities need to be planned. The first step is to ensure that no pollutant is discharged into the river or drains connected thereto. Projects of setting up and upgradation of STPs including setting up of interceptors, laying of sewerage line network etc. have to be completed within strict timelines. Pending such action, immediate bioremediation and/or phytoremediation or any other alternative remediation measure may be undertaken as an interim measure. Pollution of river or water bodies is a criminal offence which needs to be checked by setting up ETPs/CETPs/STPs. The Hon'ble Supreme Court has directed35 that establishment and proper functioning of ETPs/CETPs/STPs in the country be ensured. This is to enforce the right of access to water. It has been noted by the Hon'ble Supreme Court that water pollution is the cause of various diseases and also affects food safety apart from affecting the environment as such. Following the said judgment, this Tribunal has directed36 that "All the local bodies 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." While dealing with the pollution of river Ganga, this Tribunal directed:
"Bioremediation and/or phytoremediation or any other remediation measures may start as an interim measure positively from 01.11.2019, failing which the State may be liable to pay compensation of Rs. 5 Lakhs per month per drain to be deposited with the CPCB. This however, is not to be taken as an excuse to delay the installation of STPs. For delay of the work, the Chief Secretary must identify the officers responsible and assign specific responsibilities. Wherever there are violations, adverse entries in the ACRs must be made in respect of such identified officers. For delay in setting up of STPs and sewerage network beyond prescribed timelines, State may be liable to pay Rs. 10 Lakhs per month per STP and its network. It will be open to the State to recover the said amount from the erring officers/contractors.
With regard to works under construction, after 01.07.2020, direction for payment of environmental compensation of Rs. 10 lakhs per month to CPCB for discharging untreated sewage in any drain connected to river Ganga or its tributaries and Rs. 10 lakhs per month to CPCB per incomplete STP and its sewerage network will 35 (2017) 5 SCC 326 36 Order dated 28.08.2019 in Paryavaran Suraksha Samiti & Anr. V. UOI & Ors., O.A No. 593/2017 48 apply. Further with regard to the sectors where STP and sewerage network works have not yet started, the State has to pay an Environmental Compensation of Rs. 10 lakhs per month after 31.12.2020. The NMCG will also be equally liable for its failure to the extent of 50% of the amount to be paid. Till such compliance, bioremediation or any other appropriate interim measure may start from 01.11.2019."37 "15. A. (iv):
e). DJB to complete the task of setting up of STPs by 31.12.2020.
g) Bioremediation and/or phytoremediation or any other remediation measures may start as an interim measure positively from 01.01.2020, failing which the Govt. of NCT of Delhi may be liable to pay compensation of Rs. 5 Lakhs per month per drain to be deposited with the CPCB. This however, is not to be taken as an excuse to delay the installation of STPs, sewerage network and its connectivity. For delay of the work, the Chief Secretary, Govt. of NCT Delhi must identify the officers responsible and assign specific accountability. Wherever there are violations, adverse entries in the ACRs must be made in respect of such identified officers for delay in setting up of STPs, sewerage network and its connectivity by the concerned head of the department.
h) The Govt. of NCT, Delhi will be liable to pay Environment Compensation if defaults take place as under:
i. The operational deficiencies of the existing STPs must be rectified within three months failing which Environmental compensation of Rs. 5 Lacs per month for STP shall be deposited with CPCB.
ii. With regard to works under construction, after 01.07.2020, direction for payment of environmental compensation of Rs. 10 lakhs per month to CPCB for discharging untreated sewage in any drain connected to river Yamuna and Rs. 10 lakhs per month to CPCB per incomplete STP, sewerage network and its connectivity will apply.
iii. With regard to the situation where works with regard to STP, sewerage network and its connectivity have not yet started, the Govt. of NCT, Delhi has to pay an Environmental Compensation at the rate of Rs. 10 lakhs per month per STP, Sewerage network and its connectivity after 31.12.2020 for the delay in setting up of the same. It will be open to Govt. of NCT 37 O.A No. 200/2014 order dated 22.08.2019 49 of Delhi to recover the said amount from erring officers/contractors."
38. Vide order dated 06.12.2019, this Tribunal further observed:
"40. From the above, it is clear that this Tribunal has fixed specific timelines in view of object of the law and repeated failures of the authorities which has resulted in continuing pollution of rivers adversely affecting the environment and the public health. It is not desirable to prolong the problem on any ground. The apparent conflict in above timelines needs to be clarified. Vide order dated 08.04.2019 in the present matter, timeline for final execution of all steps of Action Plan stands extended till 31.03.2021 after which compensation is to be recovered from the defaulting States and action is to be against the erring officers. Vide order dated 22.08.2019 in the case of river Ganga, outer timeline for compliance is 31.12.2020. In terms of order dated 28.08.2019 in Paryavaran Suraksha Samiti, outer timeline for 100% sewage treatment is 31.03.2020. We clarify that since order in Paryavaran Suraksha was passed on 28.08.2019 and all concerned have been put to notice, it is desirable that 100% treatment of sewage takes place as directed atleast to the extent of in situ remediation and commencement of setting up of STPs and connecting all the drains and other sources of generation of sewage to the STPs. If this is not done, the local bodies and the concerned departments of the States/UTs will be liable to pay compensation as directed vide order dated 28.08.2019, supra. The timelines for Ganga, Yamuna or other rivers covered by specific orders will stand, as already directed. Timeline for completing all steps of Action Plan till 31.03.2021 in terms of order dated 08.04.2019 in the present case will remain as already directed. In view of this, the timelines proposed by the CMC cannot be accepted, as observed earlier. The States/UTs may take necessary steps accordingly.
41. Consolidated status report has been filed by CPCB on 18.11.2019 with reference to the present matter as well as dealing with the Musi River in the State of Telangana (O.A. 426/2018) and with regard to coastal pollution (O.A. 829/2019). Separate orders are passed in O.A. 426/2018 with regard to Musi River and O.A. 829/2019 dealing with the coastal pollution. The present order deals with the issue of 351 polluted river stretches.
42 to 45. ... ... ...50
46. The report of CPCB shows the status of compliance. As already noted, the Action Plans have been prepared with respect to 351 river stretches by the concerned States/UTs with regard to category P-I & P-II (the most polluted river stretches), the Action Plans have been duly recommended by CPCB with certain changes. The said Action Plans are reported to be complete with respect to necessary components for river rejuvenation including identification of drains, their interception, setting up of STPs, utilization of treated water, identification of flood plain zones, maintaining e-flow, etc. Let the same be executed by 31.03.2021 as already directed. No case is made out to extend the laid down timeline unconditionally. As noted earlier, situation of water pollution is grim in the country and there has been deterioration inspite of the Water Act which was enacted way back in 1974 which was intended to bring about any improvement. This Tribunal has repeatedly put all authorities to notice in the light of earlier orders of the Hon'ble Supreme Court on the subject. Directions were also issued for budgetary support as part of the Action Plans which has been done in indicative terms. There can be no plea of lack of funds on issue threatening the existence of human beings. We have thus no option except to be strict about the timelines already laid down. We are also of the view that adherence to the timelines must be monitored by the Chief Secretaries of all the States/UTs and should also be monitored at National level by the Secretary, Ministry of Jal Shakti with the assistance of NMCG and CPCB. For this purpose, a meeting at central level must be held with the Chief Secretaries of all the States/UTs atleast once in a month (option of video conferencing facility is open) to take stock of the progress and to plan further action. NMCG will be the nodal agency for compliance and may give its quarterly report to this Tribunal commencing from 01.04.2020. 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. 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. Monthly progress report may be furnished to Secretary, Ministry of Jal Shakti with a copy to CPCB. Steps for in situ remediation as an interim measure may be ensured as directed above as per laid down timeline. 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. As already mentioned, procedures for DPRs/tender process needs to be shortened and if found viable business model developed at central/state level. Wherever work is awarded to any contractor, performance guarantee must be taken in above terms.
CPCB may after scrutiny finalize the Action Plans relating to P- III and P-IV also as has been done for P-I and P-II on or before 51 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.
I. 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 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 the States/UTs atleast once in a month (option of video 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.
52vi. 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 [email protected].
xii. Rivers which have been identified as clean may be maintained."
XI.Review of Monitoring Reports filed in pursuance of directions in "Fourth Order"
Review of CPCB Report dated 18.06.2020
39. We have carefully considered the consolidated status report dated 18.06.2020 filed by the CPCB. The said report merely gives status of approval of Action Plans and that States/UTs, State PCBs/PCCs were requested to ensure compliance of the orders of this Tribunal. It is stated as follows:
"Till date, all 61 out of total 61 Action Plans pertaining to P-I and P-II received by CPCB from 18 States and 2 UTs have been approved by CPCB Task Team along with the conditions. Further, in pursuance to Hon'ble NGT directions dated 06.12.2019, CPCB also 53 organised three Task Team meetings for review of Action Plans pertaining to P-III and P-IV categories of PRS. Ninety one Action Plans out of 115 target Action Plans pertaining to P-III and P-IV polluted river stretches submitted by 17 States and 01 UT have been approved by CPCB Task Team. The Action Plans in respect of the States viz., Chhattisgarh, Jharkhand, Punjab, Rajasthan, Uttarakhand and West Bengal required modifications in light of the recommendations of the CPCB Task Team whereas Nagaland State could not participate in 12 th Task Team meeting in view of technical problem. State-wise action plans (Priority I to Priority IV PRS) approved with conditions by CPCB Task Team is annexed at Annexure-IV and Annexure-V and also detailed in Table 1 below:-
Table 1. State-wise Status of Action Plans (P--I to P-
IV) Approved by CPCB
Total No. Total Action
of Priority I & II PRS Priority III & IV PRS
Plans (P-I to
Identified
Priority-I Priority Priority-III P-IV PRS)
Name of the Polluted PRS -- III & Priority-V Approved by
State / UT River IV PRS & IV PRS PRS* CPCB Task
approved Team along
(PRS) Stretches received approved
Priority-- with
II PRS conditions
approved
Andhra 5 - - 2 2 3 2
Pradesh
Assam 44 3 1 7 7 33 11
Bihar 6 - - 1 1 5 1
Chhattisgarh 5 - - 4 - 1 -
DD & DNH 1 1 - - - - 1
Delhi 1 1 - - - 1
Goa 11 - - 3 3 8 3
Gujarat 20 5 1 8 8 6 14
Haryana 2 2 - - - 2
Himachal 7 1 1 1 1 4 3
Pradesh
J&K 9 1 4 4 4 5
Jharkhand 7 - - 3 - 4 -
Karnataka 17 - - 11 11 6 11
Kerala 21 1 - 5 5 15 6
Madhya 22 3 1 4 4 14 8
Pradesh
Maharashtra 53 9 6 24 24 14 39
Manipur 9 1 - - 8 1
Meghalaya 7 2 - 3 3 2 5
Mizoram 9 - - 4 4 5 4
Nagaland 6 1 3 - 2 1
Odisha 19 1 - 5 5 13 6
Puducherry 2 - - 1 1 1 1
Punjab 4 2 - 1 - 1 2
54
Rajasthan 2 - - 1 - 1 -
Sikkim 4 - - - - 4 -
Tamil Nadu 6 4 - 1 1 1 5
Telangana 8 1 2 4 4 1 7
Tripura 6 - - - - 6 -
Uttar Pradesh 12 4 - 3 3 5 7
Uttarakhand 9 3 1 5 - - 4
West Bengal 17 1 1 7 - 8 2
Grand Total 351 45 16 115 91 175 152
Note:- *Approval of CPCB Task Team is not required in case of P-V category PRS. These action plans to be approved by the RRC Constituted by the State Governments or UT Administrations"
40. Under the heading 'Identification of Gaps in water quality monitoring locations and for water quality monitoring for physico-chemical and biological parameters', it is stated that the water quality monitoring network has been increased to 4111 locations, including 2021 river monitoring locations. Further, it is stated that as per order dated 06.12.2019, national level monitoring was conducted by the Secretary, Department of Water Resources, the Chief Secretaries of the States/UTs and the Member Secretaries of the State PCBs/PCCs and that certain States/UTs have furnished performance guarantees in pursuance of order dated 06.12.2019.
41. We find the report to be wholly unsatisfactory and inadequate. The report does not give the extent of status of compliance of the mandate of law under the Water Act and the remedial action against the law violators who are discharging pollutants in the water bodies and are responsible for pollution of river stretches. Nothing is mentioned about the improvement in water quality, reduction in pollution load and nature of action taken or planned against continued discharge of sewage or effluent recovery of compensation from the law violators, including disciplinary action against the erring officers. Nothing is mentioned about immediate preventive steps when no budget is planned or treatment plans are immediately in sight. There is thus no meaningful strategy for enforcement of law. There is no clear plan to raise resources where adequate budget is not available. Even corporate social responsibility has not been explored. Should citizens continue to suffer inspite of fundamental right to pollution free environment when such massive environment violations are taking pace with impunity? In a country governed by rule of law, crime cannot be allowed to be free. The data already referred to above, shows large scale violation of law in discharging pollutants in the rivers. The law violators include government authorities as well as 55 commercial establishments. There is also large- scale inaction by the statutory authorities entrusted with the task of enforcing the law in preventing pollution by closing polluting activities in discharge of statutory powers and recovering compensation from the polluters. Inspite of large-scale violation, no matching action has been taken against the polluters or authorities entrusted with the task of taking such action. Such action is resulting in avoidable damage to lives and public health and to the environment reversing which may be a difficult task and cost public revenue hugely and allow law violators to go scot free. The Chief Secretaries as well as the Secretary, Water Resources who were expected to monitor meaningfully by way of taking and overseeing action do not appear to have done so for reasons difficult to fathom.
Review of NMCG Report dated 19.06.2020
42. We have also carefully perused the report dated 19.06.2020 furnished by the NMCG. The report does not show any meaningful action in terms of directions of this Tribunal. The report merely refers to certain meetings and field visits by the officials of the Ministry of Jal Shakti. There is, however, no mention of compliance of law and rigorous steps which are expected against law violators when violations are rampant and patent. The implementation timelines are unsustainably long, in complete defiance of orders of the Hon'ble Supreme Court in (2017) 5 SCC 326, repeated orders of this Tribunal, law of the land and the seriousness of the problems. The Water Act was enacted 46 years ago and still discharge of pollution is taking place with impun ity and inaction and tolerance by monitoring and statutory authorities has led to total lawlessness. Clear direction of the Hon'ble Supreme Court requiring prosecution of the erring officers and orders of this Tribunal requiring recovery of compensation on "Polluter Pays" principle continue to be flagrantly violated.
43. As already mentioned, this Tribunal is also monitoring the issue in O.A. No. 593/2017, Paryavaran Suraksha Samiti & Anr. v. Union of India & Ors . in pursuance of direction of the Hon'ble Supreme Court.
44. We may reiterate that the authorities' generic, vague and repeated stand over the decades, that some steps are being taken, or proposed to be taken in future, is untenable. This is so because such piecemeal action or remote planned action, which ultimately fails to stop or prevent water bodies' pollution nor result in punitive action against violators, cannot condone the continuing crime and damage to the environment. Indeed, also as repeatedly observed by the Hon'ble Supreme 56 Court, the same stand, culpable inaction, and 'passing-the- buck' approach has continued since decades38, and the situation only continues to worsen, much to the detriment of valuable human and other life. For current and continuing violations, action must be taken according to law by way of recovery of compensation, closing polluting activity and other measures. Violators must be brought to justice. Not doing so by the authorities may lead to inference of collusion with law violators and demonstrate a lack of commitment to public duties entrusted to the statutory and oversight authorities.
XII. Directions:
45. We reiterate our directions in order dated 6.12.2019 in the present matter, reproduced in Para 38 above, read with those in order dated 21.5.2020 in OA 873/2017 and direct CPCB and Secretary, Jal Shakti to further monitor steps for enforcement of law meaningfully in accordance with the directions of the Hon'ble Supreme Court and this Tribunal. The monitoring is expected with reference to ensuring that no pollution is discharged in water bodies and any violation by local bodies or private persons are dealt with as per mandate of law as laid down in orders of the Hon'ble Supreme Court and this Tribunal without any deviation from timelines. The higher authorities must record failures in ACRs as already directed and recover compensation as per laid down scale. Every State/UT in the first instance must ensure that at least one polluted river stretch in each category is restored so as to meet all water quality standards upto bathing level. This may serve as a model for restoring the remaining stretches.
12. Increase in globalization and industrialization, country faces the various challenges for providing the clean and safe water to the public. As more number of rivers is getting polluted, the acting bodies such as municipalities are finding it difficult to treat river water to safe levels and supply it to the people. In terms of its fast growth and development, Pune city becomes one of the growing and emerging cities of India. More and more people from outside town and cities are migrating into Pune city. Population increase in Pune city during the last three decades has been particularly rapid with 38 M.C. Mehta (2015), Para 15, supra, Para 30; M.C. Mehta (2006), Para 61, supra note 29; M.C. Mehta (2019), Para 15, note 30.
57a resultant effect on the increase of water pollution level. Mula Mutha river is one of the major vulnerable rivers of Pune city. Mula originate from Mulshi dam passes through Paud, Lavasa, Wakad, Balewadi, Baner, Aundh, Khadki, Vishrantwadi and in at Sangamwadi.
13. Mutha river origin through Khadakwasla dam and it passes through Dhari, Nande, Juz bridge, Juna Bazar, Pune RTO and in at Sangamwadi.
14. Both Mula and Mutha river merge at Sangamwadi which is further joined by Indrayani and Bhima river. Various small scale industries as well as some large scale industries use CETP for treatment of effluent but according to survey and report discussion as above, many CETPs are not maintaining various effluent standards before discharging their water into the river which ultimately lead to pollution. Mula is considered to be the lifeline of Pune. The water of Mula river is used for drinking, bathing, industrial and irrigation purposes. The increasing urban and industrial activities influence the water quality of Mula river. Both the rivers cover almost whole city. Hence, it receives disposal of solid waste, domestic waste, hospital and industrial effluents and some amount of agriculture run off.
15. The learned counsel appearing for the applicant had submitted that following rivers passed through and around the Pune City or within the territory of Pune:
i. Mula Mutha, ii. Bhima, iii. Mula, iv. Pawan, v. Indrayani, vi. Ramnadi, vii. Kundalika and viii. Karth.58
16. The Maharashtra State Pollution Control Board (MPCB) is directed to monitored the water quality of all these rivers and different intervals and ensure that no untreated water or sewage is discharged into the river. Non-compliance of the order will result not only the punitive action but also the EC in accordance with the direction passed by the Principal Bench of this Tribunal in O.A. No. 673/2018 and MPCB is duty bound to follow the guidelines and directions and imposed EC where it is required.
17. In light of above facts, we direct the MPCB to compile and submit the report on the following points:
(i) Prevention of discharge of untreated industrial waste and sewage in the rivers and its tributaries, including tapping of drains and bio remediation as applicable.
(ii) Installation of STPs, CETPs and making existing CETPs functional and enhance the capacities so accessed and monitoring of the standards before discharge of water into the river.
(iii) Installation of continuous emission monitoring system at appropriate locations and online monitoring system.
(iv) Uses of treated waste water of sludge manors and setting up of bio-distress and safetage management.
(v) Preventing dumping of waste and scientific waste management including bio-medical waste, plastic waste and decentralizing waste processing, including waste generated from Hotels, Ashrams etc.
(vi) Flood plains identification and zone demarcation with restrictions against any development construction/encroachment.59
(vii) Maintenance of e-flow as notified by Ministry of Water Resources including releasing water by hydrel projects.
(viii) Displaying water quality data in public domain and at prominent places, development of bio-diversity parts, prohibition of river bed mining and collection of compensation from violators and environment of society including religious charitable, social and educational institutions for preventing and remedying pollution of the rivers.
18. The State PCB is directed to submit the progress with regard to drains discharging untreated water into the river and the construction, maintenance of the STPs in a following Performa:
SEWAGE TREATMENT PLAN Name of the River
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.
City No. of Discharge Tapped Un- Dry No. Capacity No. of Non- No. of under Drains of Sewage tapped of of MLD operational operational construction STPs STP No. STP Capacity MLD
19. Accordingly, we direct the respondent- Municipal Corporation
(i) To stop immediately discharge of untreated sewage into the river flowing into the city of Pune and other cities in the State of Maharashtra
(ii) To repair their STPs plant and maintain the leakage problem.
(iii) To provide full-fledged collection, treatment and disposal facility for the entire sewage and waste material generated within the limits of the Municipal Corporation at the earliest.
60(iv) To ensure the supply of drinking water to the village Shewalwadi through the closed pipelines and till it manages through the available means, the drinking water should be made available by the tankers, if there is no other facility available there.
(v) Inspection of waste discharged by various industries situated on the bank of the rivers and to take immediate necessary legal action including imposement of EC against the violators of law causing pollution.
(vi) Periodic checking and inspection of the waste discharged from Hotels and other small scale industries.
(vii) Calculate the total generation of waste water which is discharged into the river untreated and capacity to treat the discharge water and the gap between the both.
20. We further direct the Maharashtra State Pollution Control Board to submit action taken report in light of above facts and in view of the report submitted earlier in compliance of the order dated 18.07.2018 and further submit the actual and present status of the untreated water being discharged into the river.
21. List it on 06.11.2020.
Sheo Kumar Singh, JM Dr. Satyawan Singh Garbyal, EM Siddhanta Das, EM July 06, 2020 Original Application No. 26/2016 (WZ) R 61