National Green Tribunal
Sheikh Rashid Charitable Foundation ... vs Union Of India Through Its Secretary ... on 14 February, 2023
Item No. 2 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 142(THC)/2016 (WZ)
Sheikh Rashid Charitable Foundation, Malegaon & Ors.
.....Applicant(s)
Versus
Union of India & Ors.
....Respondent(s)
Date of hearing: 14.02.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. S. Swaminathan, Advocate
Respondent(s) : Mr. Aniruddha Kulkarni, Advocate for R-2, 3, 4 & 6
Mr. D. V. Saralkar, Advocate for R-5
Commissioner, Malegaon, in-person for R-5
ORDER
1. From the side of Applicants, learned Counsel Mr. S. Swaminathan has appeared.
2. This application has been filed with the prayer that directions be issued to the Respondents to take immediate steps for preventing the water pollution in the Rivers of Malegaon, District: Nashik, Maharashtra; dumping ground be directed to be shifted away from river and it be further directed that the solid waste be disposed of scientifically; project of laying down sewage system be implemented; STP be directed to be set up; and clean drinking water may be directed to be supplied.
3. The brief facts of this case are that the Applicant No. 1 is a Public Charitable Trust by the name of Sheikh Rasheed Charitable Foundation, involved in several social causes. Due to lack of sewage and drainage Page 1 of 13 system in Malegaon, water logging takes place. There is no STP or any facility to dispose of solid waste scientifically. This has resulted into a number of water and air borne diseases spreading out among the people living there. People are forced to drink polluted water, which has contents of feces and other pollutants are found in the water which is supplied. Earlier Maharashtra Water Supply and Sewerage Board was supplying water and the said body is presently known as Maharashtra Jivan Pradhikaran, which has now been handed over to the Malegaon Municipal Corporation/Respondent No. 5. The main source of water is Chanakpur Dam on Girna River, Mausam River and Talwade Lake. There is a jack well and a pump house located in S. No. 128 of Sangameshwar on the left bank of Girna River. Water from all the available sources is brought into the water treatment plant of Malegaon in which 22.0 MLD water gets treated by Rapid Sand Filter and Chlorination for disinfection. The treated water is then further distributed to Malegaon through water tanks. Nearly 40 litres/day/person water is distributed while as per the Government Rule, water supply for each person should be 135 liters per day and the said demand is on further increase in Malegaon. The Municipal Corporation of Malegaon/Respondent No. 5 receives this water from the Girna Dam for water treatment and for the use of drinking purposes.
4. Further, it is mentioned in the said application that the Solid Waste Dumping Ground is situated at the banks of Girna River, where the entire solid waste is collected from Malegaon and the surrounding areas and is dumped there-in in a most unscientific manner, in violation of the provisions of the Municipal Solid Waste (Management & Handling) Rules, 2000 (in short Rules of 2000). The said waste is falling into/mixing with the water of Girna River, which further falls into the dam from where the Page 2 of 13 water is further supplied to Water Department of Malegaon Municipal Corporation for distribution. The situation worsens during rainy season when solid waste by way of flowing/lacheting gets into the river. According to Schedule-III appended to the Rules of 2000, the landfill site shall be away from habitation clusters, forest areas, water bodies, monuments, national park, wetlands and places of importance culturally and historically. Due to lack of proper Integrated Municipal Solid Waste Management Facility being put in place and there being no Sewerage System and Drainage System in Malegaon, the serious damage is caused to the rivers. There is no practice of segregation of solid waste in place. According to Environmental Status Report of Malegaon (2009-2010) prepared by the Enviro Analyst and Engineers Pvt. Ltd. in the year 2010, 120-125 metric tons of waste is being collected every day from Malegaon, to be deposited into a depot, which figures would escalate in course of time. The said report in its conclusion has highlighted certain measures, which are required to be taken in order to maintain healthy living conditions for the local population. Hence in this backdrop, the above prayers have been made.
5. This matter was first taken up on 13.06.2016 when notices were directed to be issued regarding admission. The service on all the Respondents was held to be sufficient on 20.12.2016. Vide order dated 06.03.2017, the Respondent No. 5/Malegaon Municipal Corporation was directed to submit time bound action plan for proper handling of solid waste and sewage treatment including the underground sewage system within the limits of city Malegaon. Vide order dated 02.11.2017, it is recorded that Respondent No. 6/Urban Development Department, Government of Maharashtra apprised that DPR for Sewage Treatment Plant (STP) has been approved and the funds have been released to the Page 3 of 13 Municipal Corporation and the action plan in that regard now would proceed accordingly. The DPR which has been approved by the State Level Committee, has been forwarded to the Urban Development Department, Union Government under 'Swaccha Bharat Scheme' and the response of Union Government is awaited. The Respondent No. 6 has also made a statement that the Urban Development Department, Government of Maharashtra will obtain necessary response and release the funds accordingly within one month. Vide order dated 05.12.2017, it is recorded that "the learned Counsel appearing on behalf of Urban Development Department, State of Maharashtra submits that an amount of Rs. 14.76 Crores has been released for Sewage Treatment Plant (STP) and an additional amount of Rs. 3.6586 Crores has been released for leachate treatment plant as a State share to the Respondent No. 5/Malegaon Municipal Corporation". It also appears from this order sheet that the action plan which was submitted in Marathi language, was directed to be translated into English.
6. The stand of Respondent No. 4/MPCB is that the Respondent No. 5/Malegaon Municipal Corporation is absolutely responsible for 100% collection, treatment & disposal of sewage generation from its area. It is mandatory on the part of Respondent No. 5 to make an application for obtaining consent under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 but till the filing of this affidavit dated 05.10.2016, they had not obtained the same. The Board officials had visited the Malegaon Municipal Corporation area on 10.08.2016 and found that Corporation had not provided any treatment facility for domestic sewage; directly discharged the sewage into the River Mausam through various nallas, which River flows through the city and finally meets River Girna; and samples were collected for being analyzed. The Page 4 of 13 Answering Respondent had granted authorization under Rules of 2000 to Respondent No. 5 for setting up waste processing/waste disposal facility at Survey No. 33, 4, 111, Malde Shiwar, Malegaon, District: Nashik, which would remain valid till 31.12.2006, subject to the condition that the corporation would file the Site Approval Committee Report on or before 30.09.2006, failing which the same would stand cancelled. The Respondent No. 5 did not comply with the said direction, hence the proceedings to lodge prosecution against the Respondent No. 5 were proposed to be initiated. Even personal hearing was given to the Commissioner, Malegaon Municipal Corporation on 09.08.2007. The Answering Respondent had also communicated to the Respondent No. 5 vide letter dated 30.04.2013, the direction dated 02.04.2013 issued by the Division Bench of Hon'ble Bombay High Court of Judicature at Bombay passed in Writ Petition No. 1740 of 1998 and Civil Application Nos. 9100 of 1998 and 6100 of 1999, which is annexed as Annexure- 'VII'. The relevant paragraph of which is quoted herein below:-
"AND WHEREAS, in compliance of the order dated 02.04.2013 passed by the Hon'ble High Court, Bench at Mumbai, the Board has issued directions 33A of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 r.w. Municipal Solid Wastes (Management & Handling) Rules, 2000 vide letter dated 28.06.2013, where-in you were directed to obtain time bound approval to the identified site within 3 months' time from the date of order dated 02.04.2013, wherever, unauthorized site and to utilize the approved site by the District Collector Committee for total disposal of solid waste and to develop secured landfill site adequate enough for next 20-25 years as well as MSW processing plant within stipulated time in the order i.e. about 24 months from the date of order."
7. Thereafter, following direction was given through that letter:-
"(a)You shall submit a concrete proposal along-with status of compliance in respect of order dated 02.04.2013 passed by Hon'ble High Court of Judicature at Bombay in the PIL bearing Writ Petition No. 1740/1998 and other clubbed Writ Petitions as well as further directions issued by the Page 5 of 13 Maharashtra Pollution Control Board to comply with the said order dated 02.04.2013, by return of e-mail not more than 48 hours from the date of receipt of these directions without fail.
(b) You shall submit complete records and proposed project reports in respect of implementation of your project and present before Hon'ble National Green Tribunal, Principal Bench, New Delhi, in compliance of the Order dated 15.01.2015."
8. Thereafter, it is further submitted vide letter dated 20.01.2015 that the Answering Respondent had communicated to Respondent No. 5 the decision of the Principal Bench of New Delhi delivered in Original Application No. 199 of 2014, which was to the following effect:-
"AND WHEREAS, In compliance of the order dated 02.04.2013 passed by the Hon'ble High Court, Bench at Mumbai, the Board has issued directions 33A of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 r.w. Municipal Solid Wastes (Management & Handling) Rules, 2000 vide letter dated 28.06.2013, where- in you were directed to obtain time bound approval to the identified site within 3 months' time from the date of order dated 02.04.2013, wherever, unauthorized site and to utilize the approved site by the District Collector Committee for total disposal of solid waste and to develop secured landfill site adequate enough for next 20-25 years as well as MSW processing plant within stipulated time in the order i.e. about 24 months from the date of order.
AND WHEREAS, you have not complied with the order passed by the Hon'ble High Court of Judicature at Bombay dtd. 2/4/2013 in spite of expiry of 21 months' time frame prescribed in the said order.
AND WHEREAS, on account of not taking effective steps to comply with the above time bound program finalized by the Urban Development Department, Govt. of Maharashtra in consultationwith all the Respondents in the Public Interest Litigation No. 1740/1998 with other clubbed Writ Petitions and duly incorporated in the Order dtd. 2/4/2013 in commensurate with the time frame prescribed therein. AND WHEREAS, Almitra H. Patel had filed a Special Leave Petition bearingNo.888/1996 before the Hon'ble Supreme Court of India for non-compliance of theMunicipal Solid Wastes (Management & Handling) Rules, 2000. Now, the matter hasbeen transferred by the Hon'ble Supreme Court of India vide its order dtd. 2/9/2014 to Hon'ble National Green Tribunal, Principal Bench New Delhi vide Application No. 199/2014.Page 6 of 13
AND WHEREAS, the Hon'ble National Green Tribunal vide order dtd. 15/1/2015 directed to submit the project report incorporating site specific, identifying the clusters, time bound Action Plan and fully providing for plan budget expenditure of the States inthat behalf. A copy of the said order is enclosed herewith, wherein, the Secretaries, Local Bodies and Urban Development Departments of the States have been directed toremain present personally before the Hon'ble National Green Tribunal, Principal Bench at New Delhi with complete records and proposed project reports, which will beconsidered in all respects including the plan expenditure for establishment of such plants in accordance with the Judgment of Captain Mall Singh &Ors. v/s PCB Punjab &Ors. in the Appeal No.70/2012."
9. Further, it is mentioned that the Board had forwarded to its head office at Mumbai for prosecution against the Respondent No. 5 under Section 15 of the Environment (Protection) Act, 1986 read with relevant provisions of Municipal Solid Wastes (Management & Handling) Rules, 2000 and Section 25, 26 and 33A of the Water (Prevention and Control of Pollution) Act, 1974.
10. The stand of Respondent No. 5/Malegaon Municipal Corporation is that the total quantity of drinking water supply after treatment made to the citizens within the Malegaon Municipal Corporation, is 44 MLD. The raw water is lifted from Chankapur and Girna dams and thereafter the same is treated by various means and after its purification, the drinking water is supplied to 17 ESR (Elevated Service Reservoir), where-by 246 or more Zones are provided with water. Each zone is supplied water after every two days for about 45-55 minutes. The Collector, Nashik was requested for additional reservation of water to the extent of 1900 Mcft (Million Cubic feet). The water supplied by the Corporation is in adequate to be provided to the entire population.
11. Further, it is submitted that the Corporation covers 68 sq. kms. area having a population of approximately 7-7.5 lakhs. Presently, there is Page 7 of 13 open gutter system of comprising of approximately 3,24,000 running meters and approximately 763 permanent workers and 500 workers engaged in contract basis are employed to run the facility. There is no underground sewage and drainage system. The Answering Respondent had submitted its proposal to the Central Government. The technical sanction for the said scheme has been accorded by the Chief Engineer, Maharashtra Jeevan Pradhikaran for Rs. 264.18 crores vide letter dated 29.05.2013. The State Level Sanctioning Committee has approved the underground water sewerage system. A detailed project report for Malegaon Sewerage Scheme under UIDSSMT has been technically apprised and forwarded to the Ministry of Urban Development vide letter dated 27.01.2014 and the said Ministry of Urban Development had sanctioned the scheme and vide O.M. dated 21.02.2014 has released the first installment of additional central assistance. The offer of Malegaon Sewerage Management JV (Joint Venture) (JV member UEM India Pvt. Ltd. and Shapoorji Palonji & Co. Ltd.) has been accepted vide Resolution dated 30.07.2014. Requisite funds were not released by the Government. The Ministry of Urban Development Department, Government of India vide letter dated 24.08.2015 informed that it was not possible to release the funds for the said project. The work of 2 STP projects is under the 'Gharkul' scheme, having capacity of 3.5 MLD, is near completion.
12. Further, it is submitted that approximately 250 metric tonnes of solid waste generated within the limits of Malegaon Municipal Corporation, which is collected and transported to the dumping ground by 40 small vehicles and 40 garbage trailers. Garbage containers are placed at various locations within the limits of Malegaon Municipal Corporation and the garbage so collected, is transported to the dumping ground. Accordingly, the garbage is segregated whereby the dry garbage, Page 8 of 13 plastic, cloths, metal are separated from the compostable solid waste. The said contractors are selling the non-disposable waste and are paying approximately Rs. 10,000 per month to the Answering Respondent. Each house has been provided with 2 plastic containers for segregation of the solid waste generated at the places. The Vermin Composting Project has been effected at Mhalde in around 3 acres area. The existing dumping ground is being presently managed by means of Windrow Composting at the existing composting ground and that there are two JCVs put in place, which are used to regularly turn the said rows to improve porosity of the Oxygen content therein. The biodegradable waste is then covered with soil by means of JCVs. The entire solid waste on the dumping ground is sprayed with disinfectants/insecticides. The Corporation has proposed to initiate a project for harvesting the compost by means of bio-mining. For bio-medical waste generated from the private and corporation-run hospitals and clinics, one M/s. Watergrace Products Pvt. Ltd. has been appointed since year 2007 for collection and disposal of the same. As regards the shifting of the dumping ground, the land situated at Gat No. 131/1, Mauje Dasane was identified but the same was later on refused to be given by the District Collector, Nashik. Due to insufficiency of funds, the works of STP and underground sewage system could not be executed. All the allegations made by the Applicants in its application regarding the local population being affected by supply of the impure drinking water and threat of widespread epidemic etc. are denied.
13. From the side of Respondent No. 3/CPCB, learned Counsel Mr. Aniruddha Kulkarni has appeared but in its affidavit, only Rules and Regulations are stated. We find nothing of consequence relating to the present dispute.
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14. From the side of Respondent No. 2/Ministry of Urban Development, Government of India, a reply affidavit dated 29.12.2016 has been filed, where-in the main thrust is with respect to the allegation made by the Applicant relating to non-release of funds by the Answering Respondent in respect of underground sewerage in Malegaon under UIDSSMT of JNNURM (Jawaharlal Nehru National Urban Renewal Mission). It is submitted that JNNURM scheme was launched in December, 2005 for seven years, which was later on extended for two further more years and has ended on 31.03.2014. Therefore, no funds could be released.
15. From the side of Respondent No. 6/Department of Urban Development, State of Maharashtra, learned Counsel Aniruddha Kulkarni has appeared, who has filed reply affidavit dated 29.09.2017, where-in it is submitted that the Answering Respondent has approved and recommended the proposal of Malegaon Sewerage Project under the UIDSSMT sub-mission of Jawaharlal Nehru National Urban Renewal Mission (JNNURM) in the State Level Sanctioning Committee Meeting dated 20.07.2013. The said proposal was submitted to Ministry of Urban Development, Government of India, which accorded its approval to the said scheme costing Rs. 254.68 Crore. The said scheme was dis- continued and thereafter the Government of India had launched Atal Mission for Rejuvenation and Urban Transformation (AMRUT) from 2015-
16. The State Government had already proposed Malegaon Sewage Project in the State Annual Action Plan (SAAP) for 2017-18 under AMRUT. The said plan has been approved by the Government of India. A Detailed Project Report (DPR) was being prepared by the Municipal Corporation with the help of Maharashtra Jeevan Pradhikaran. Accordingly, administrative approval for Phase-I of Malegaon Sewage Page 10 of 13 Project costing Rs. 98.43 Crores has been issued on 25.09.2017 and the first installment of funds of Rs. 14.7645 crores has been sanctioned to the Malegaon Municipal Corporation. In Phase-II, this scheme includes 2 STPs having total capacity of 84.50 MLD and has been designed in a way so that 100% of the sewage generated in Malegaon City, is treated before being discharged in the Mausam River. As per DPR, the accumuted leachate will be removed through dredging and would be transporting it to dried beds and after it being dried, it will be shifted to the scientific landfill site.
16. It appears that the replies submitted by the Respondents, which have been indicated above, do not indicate any concrete action on the part of the Respondents. The main grievances which have been raised in the present application, relates to non-setting up of STP and non-setting up of the Municipal Solid Waste Management Processing Plant and regarding both, no concrete steps so far have been taken and it appears that constraint of funds is being said to be the main reason as to why this could not be done.
17. As per the Rule 22 of the Solid Waste Management Rules, 2016, the timeline prescribed for implementation of the said Rules has been provided. As per above Rule, the Respondent No. 5 above was supposed to establish Solid Waste Processing Plant within two years from the date of coming into force of these Rules i.e. on 08.04.2016. The date on which these Rules came into force is 08.04.2016, therefore, two years from that date would expire on 07.04.2018. But the matter of enforcement of the Rules of 2016 has been dealt with by the Principal Bench of this Tribunal in Original Application No. 606/2018 (WZ) on 10.01.2020 where-in in para no. 36, following is held:-
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VII. DIRECTIONS:
36. We accordingly direct:
In view of the fact that most of the statutory timelines have expired and directions of the Hon'ble Supreme Court and this Tribunal to comply with Solid Waste Management Rules, 2016 remain unexecuted, compensation scale is hereby laid down for continued failure after 31.03.2020. The compliance of the Rules requires taking of several steps mentioned in Rule 22 from Serial No. 1 to 10 (mentioned in para 12 above). Any such continued failure will result in liability of every Local Body to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body from 01.04.2020 till compliance. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal."
18. Therefore, we direct the MPCB to calculate the environmental compensation in the light of these above Guidelines laid down by the Principal Bench of NGT, within a period of one month.
19. The MPCB shall also take into consideration the default made by the Respondent No. 5 in setting up of STP and will assess the environmental compensation to be levied on this account also. The said report shall be placed by them before us within one month's time.
20. In this regard, the Respondent No. 5 may give the exact dates on which the STPs have been set up or the MSW Processing Plant has been set up by them to the learned Counsel for the MPCB within a period of one week.
21. In the meantime, if any submission is considered to be necessary to be placed before us by the Respondent No. 5, the same may be placed within a period of two weeks.
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Put up this matter for final argument/disposal on 03.04.2023
22. Dinesh Kumar Singh, JM Dr.Vijay Kulkarni, EM February 14,2023 Original Application No. 142(THC)/2016 (WZ) P.Kr Page 13 of 13