National Green Tribunal
Mahesh Prasad vs State Of Bihar on 4 March, 2024
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No.113/2023/EZ
(Earlier O.A. No.430/2022/PB)
IN THE MATTER OF:
Mr. Mahesh Prasad,
C/o Surendra Prasad,
Gola Road, Daudnagar,
District-Aurangabad, Bihar,
Pin - 824143,
....Applicant(s)
Versus
1. State of Bihar,
Through the Chief Secretary,
Government of Bihar, Main Secretariat,
Patna, Bihar, Pin - 800015,
2. Principal Secretary,
Urban Development and Housing Department,
Government of Bihar,
Vikas Bhawan, Bailey Road, Patna, Bihar,
Pin - 800015,
3. Principal Secretary,
Department of Water Resources,
Government of Bihar,
1st Floor Sinchai Bhawan,
Old Secretariat, Bihar,
4. Executive Officer, Municipal Council Daudnagar,
7th Floor, Indira Bhawan,
Ram Charitra Singh Path, Bailey Road,
(Near Pant Bhawan), Patna,
Pin - 800001,
5. Bihar State Pollution Control Board,
Through its Chairman,
1
Parivesh Bhawan, Plot No.NS-B/2,
Patliputra Industrial Area, Patliputra,
Patna, Bihar, Pin - 800010,
6. District Magistrate, Aurangabad,
Collectorate Office, Aurangabad,
Bihar - 824101,
....Respondent(s)
COUNSEL FOR APPLICANT(S):
None
COUNSEL FOR RESPONDENT(S) :
Mr. Surendra Kumar, Advocate for R-1-3 & 6,
Ms. Amrita Pandey, Advocate for R-5,
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE Dr. ARUN KUMAR VERMA (EXPERT MEMBER) __________________________________________________________________ Reserved On:- February 12th, 2024 Pronounce On:- March 04th, 2024 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes Heard the learned Counsel for the parties and perused the documents on record.
2. The Original Application No.430/2022 was registered in the New Delhi Bench of the National Green Tribunal on the basis of a letter petition received there, alleging discharge of waste water of the entire city of Daudnagar, District-Aurangabad, Bihar, by 2 constructing a huge drain joining Son Nadi and digging of soil from both banks of Son Nadi for use by brick kilns and thereby causing damage to the riverine ecology and destabilization of river banks through erosion.
3. The New Delhi Bench of the Tribunal also constituted a Joint Committee comprising of the following Members:-
(1) Principal Secretary, Department of Water Resources, Government of Bihar, (2) State Pollution Control Board, (3) Executive Officer, Municipal Council, Daudnagar, and (4) District Magistrate, Aurangabad.
4. The Committee was required to visit the site and submit a Factual Report.
5. Thereafter, the case file of Original Application No.430/2022 was transferred to the Eastern Bench of the Tribunal at Kolkata, vide New Delhi Bench order dated 18.08.2023 and is now re- numbered as Original Application No.113/2023/EZ.
6. The Joint Committee constituted by the Tribunal has filed its Factual and Action Taken Report of an inspection carried out on 08.08.2022, copy of which has been filed at page no.13 of the paper book, which reads as under:-
"Factual and Action Taken Report by the Joint Committee 3 In the matter of O.A. No.430/2022 - Mahesh Prasad Vs. State of Bihar - in compliance with the order dated 118.07.2022 by Hon'ble National GreeN Tribunal, Principal Bench, New Delhi.
Date of Inspection: 08 August, 2022 In Compliance with the order dated 18.07.2022 by the Hon'ble National Green Tribunal (NGT), Principal Bench, New Delhi passed in the matter of O.A. No. 430/2022 Mahesh Prasad vs. State of Bihar, a team was constituted for joint inspection of discharge of waste water of entire town of Daudnagar, District Aurangabad, Bihar through constructing a huge drain joining Son River and digging of soil from both the banks of Son River for use by the brick kilns. The joint inspection team comprised of following members:-
1. The Principal Secretary, Department of Water Resources, Member Government of Bihar, through Sri Priya Ranjan, Executive Engineer, Irrigation Division, Daudnagar, Distt.-Aurangabad,
2. Bihar State Pollution Control Board through Sri A.K. Gupta Member Regional Officer, Gaya, (Nodal Agency)
3. District Magistrate, Aurangabad represented through Sri Member Sri Priyabrat Ranjan, Additional Sub-Divisional Magistrate, Daudnagar, Distt.-Aurangabad,
4. District Magistrate, Aurangabad represented through Sri Member Vikash Kumar Paswan, Mineral Development Officer, Distt.Aurangabad,
5. Sri Sanjay Upadhyay, Executive Officer, Municipal Council, Member Daudnagar, Distt.-Aurangabad, The inspection team inspected the following issues alleged in the complaint:-
i) Discharge of waste water of Daudnagar through constructing a drain.
ii) Digging of soil from both banks of Son River for use by brick kiln.4
Introduction of the Sone River:
Sone River (also spelt as Son) is the second largest southern tributary of the Ganges next to Yamuna River. The Sone originates near Amarkantak in Madhya Pradesh. The Sone enters the state of Bihar at the tri-junction of Palamu (Jharkhand), Mirzapur (U.P.) and Rohtas (Bihar) districts.
The Sone has a steep gradient with quick run off and ephemeral regimes, becoming a roaring River with the rain- waters in the catchment area but turning quickly into a fordable stream. The Sone, being wide and shallow, leaves lots of sand and disconnected pools of water in the remaining parts of the year.
Daudnagar Nagar Parisad, Aurangabad:
Total geographical area of Daudnagar Nagar Parisad is 14 km2 with 9523 households and population of 52364 as per census 2011. There are 27 wards in the town. The Population density of the town is 3751 persons per km2 The source of water supply is ground water.
Drainage/Sewerage System & STP: There are Six (06) major drains namely Slaughter House Road Drain, Baluganj Drain, Church Drain, Lakhan Road Drain, Surti ka pool & Paswan Chowk to Son Tarai Drain. The aforesaid drains disperse in the Low lying area. The total sewage/waste water discharge through aforesaid drains have been assessed to 17.8829 MLD. There is no sewerage network & STP for sewage management at Daudnagar Nagar Parishad area. The details of the drains are hereunder:-
Sl. Name of drain Recipient No.
1. Slaughter House Road Drain (Ward no- 16) Low lying area in ward no-16
2. Baluganj Drain (Ward No-02,03) . Low lying area in ward no-03 5
3. Church Drain (Ward No-08, 09) Meets at Paswan Chowk to
4. Lakhan Road Drain Sone Tarai Drain in ward no-
5. Surti Ka Pool Drain (Ward No-22) . 01 6 Paswan Chowk to Son Tarai Drain Low lying area at Anchha Baha (Ward No-01,04) ward no-01 Inspection:
The team conducted inspection of different drains situated at Daudnagar Nagar Pariusad, Aurangabad.
Findings of the inspection team;
i) The alleged drain in question have been constructed at Daudnagar Nagar Parisad, Aurangabad initiated from Paswan Chowk (Ward No.1) to Anchha Baha (Ward 01) of the Nagar Parisad, Daudnagar for discharge of sewage water of Daudnagar Ward No.08,09,20,21,22,23,24 & 25.
ii) This drain passes through Kali Mandir, Bhootnath Mandir and Ganinath Mandir Road Ward No.01 & 09.
iii) This drain is made of concrete of size 4feet x 4feet , length 3600 feet.
iv) The waste water from the aforesaid drain disperses within the hundred meter in Low lying area at Anchha Baha/ Dhobi Ghat (in Ward No. 01).
v) The distance of dispersing point is approx 2.5 Km. from the main stream of River Son. The alleged waste water through drain in question may meet the River only at the time of unprecedented flood time.
vi) At the time of inspection, it was found that the discharge water of the concerned drain was confined to a radius of approximately 100 meters from the discharge point without any possibility of contaminating the River water.
vii) The drain construction was also very essential. As in the absence of an outlet, the water from the arterial drain used to overflow on Paswan Chowk, an important road of Daudnagar town, making life of the people of the town miserable and commuting very difficult throughout the year. There was no other alternatives.
viii) There is no sewerage network and STP for sewage management at Daudnagar Parisad area (town).6
ix) The Process of establishment of STP is in DPR stage and BUIDCO (Bihar Urban Infrastructure and Development Corporation) is the nodal agency for commissioning the same.
x) The team also inspected brick kiln. At the time of inspection the brick kilns were found closed due to, rainy season (This is a seasonal unit in this area). At the time of inspection, no evidence had been found to digging of soil from the bank of Son River.
xi) As Informed by Mineral Development Officer, Aurangabad there are 16 bricks kiln situated at Anchal:- Daudnagar, Distt-
Aurangabad.
1. Mata Int Udyog, Sri Rajesh Kumar, Mauza- Mahavar (Kera)/Daudnagar
2. Sona Int Udyog, Sri Shyam Nath Kumar, Mauza-
Arai/Daudnagar
3. Laxmi Int Udyog, Pro-Sunil Kumar,Mauza-Anchha chauras, Daudnagar
4. Kumar Int Udyog, Pro-Sri Rashim Singh,Mauza-Babu Amauna
5. Kajal Int Udyog, Sri Naresh Prasad Singh,Mauza-Thakur Bigha/Daudnagar
6. Ratan Int Udyog, Sri Pawan Kumar,Mauza-
7. Ganesh Bricks, Sri Rubi Kumar Singh, Partner, Mauza-
Ramnagar/Daudnagar
8. Baba Int Udyog, Sri Vijendra Verma,Mauza-Kera/Daudnagar
9. Shivam Int Chimani Bhatta, Sri Rajeshwar Singh,Mauza-
Thakur Bigha/Daudnagar
10. M/s R.T.S Int Udyog, Pro-Sri Niraj Kumar, Mauza-
Anchha/Daudnagar
11. Makan Int Bhatta, Sri Yogendra Prasad, Mauza-
Kera/Daudnagar
12. Kera Int Udyog, Md Muslim Husain, Mauza-Kera/Daudnagar
13. Birai Int Udyog,Sri Janeshwar Kumar Singh, Mauza-
Birai/Daudnagar
14. Kajal Int Udyog ,Sri Naresh Prasad Singh, Mauza-Guma Narayan Bigha/Daudnagar
15. Arai Int Udyog, Sri Mukesh Kumar, Mauza-Arai/Daudnagar
16. Birai Int Udy0g, Sri Janeshwar Kumar Singh, S/o-Late Teka Singh, Vil1-Birai, P.o-Arai, P.s-Daudnagar, Distt-Aurangabad, Pincode-824113 7 Recommendations:
i) Urban Development and Housing Department and Daudnagar Nagar Parisa-, Aurangabad may be directed to provide sewage network and construct a sewage treatment plant for treatment of the sewage water of Daudnagar at the earliest.
ii) Mineral Development Officer, Distt.-Aurangabad may be directed to check digging of soil from the banks of Son River for use by the brick kilns and thereby causing damage of the River ecology."
7. Photographs have also been filed along with the Joint Committee Report.
8. The District Magistrate, Aurangabad, Respondent No.6, has filed affidavit dated 08.02.2024 stating therein that a drain was being constructed from Paswan Chowk to Anchha Baha for carrying sewage water of Ward Nos.08, 09, 20, 21, 22, 23, 24 & 25; the said drain is made of concrete 4x4; length 3600; the spread point of the waste water of the drain is 2.5 kilometers away from the mainstream of Son River and thus the possibility of contamination of Son River by the drain water is absolutely negligible.
9. It is also stated that construction of the drain was very essential, since in the absence of an outlet the drain water used to overflow onto Paswan Chowk (an important road of Daudnagar town), making life of residents of the town miserable and commuting very difficult throughout the year. It is also stated that the alleged brick kilns were inspected, though they were closed due to rainy reason, but there was no evidence of digging of soil/excavation from the banks of the Son River. The important 8 noting of the Committee is that there was no sewerage network and STP for sewage management at Daudnagar Nagar Parisad area (town) and the establishment of STP is in Detailed Project Report (DPR) stage and BUIDCO is the nodal agency for the same.
10. In the affidavit, it is also stated that the project cost of the Daudnagar Sewage Network is Rs.74,64,83,000/- (Rupees Seventy Four Crores Sixty Four Lakhs Eighty Three Thousand only) and technical approval has been given by the Chief General Manager, BUIDCO, and the same has been forwarded to the Principal Secretary, Urban Development and Housing Department vide letter dated 12.12.2023 for action thereon. It is also stated that the Tender Committee has decided to allot the work in favour of M/s VC Project and Infra Pvt. Ltd (lowest bidder) and approval has also been given by the National Mission for Clean Ganga (NMCG) and the period of completion of the said scheme is given as 21 months vide letter of the Project Director, BUIDCO, Aurangabad, dated 30.01.2024 addressed to the Executive Officer, Nagar Parishad, Daudnagar.
11. In this view of the matter, nothing further remains for adjudication in the present case. The Original Application No.113/2023/EZ is accordingly disposed of with a direction to the Urban Development and Housing Department, Government of Bihar, Respondent No.2, and the District Magistrate, Aurangabad, Respondent No.6, to ensure completion of the Sewerage and STP Project within the stipulated period of time i.e., 21 months or latest 9 by 31.10.2025. Affidavit of compliance shall be filed by the Principal Secretary, Urban Development and Housing Department, Bihar, by 15.11.2025.
12. I.As. if any, stand disposed of accordingly.
13. There shall be no order as to costs.
......................................... B. AMIT STHALEKAR, JM ................................................ Dr. ARUN KUMAR VERMA, EM Kolkata, March 04th, 2024, Original Application No.113/2023/EZ (Earlier O.A. No.430/2022/PB) AK 10