National Green Tribunal
Dr. Lubna Sarwath Co-Convenor vs The State Of Telangana on 6 July, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item No. 02 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 85/2015(SZ)
Dr. Lubna Sarwath Applicant
Versus
The State of Telangana and Ors. Respondent(s)
Date of hearing: 06.07.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE PROF. A SENTHIL VEL, EXPERT MEMBER
Applicant(s): Mr. Anu Pradha Singh, Mr. Neha Panchpal, Mr. Arun Kumar Kasi
and Ms. Mugdha, Advocates
Respondent(s): Mrs. H. Yasmeen Ali for Advocate R1.
Mr. D. Srinivasan Advocate for R2.
Mr. T. Sai Krishnan Advocate for R3 & R4.
ORDER
The Issue raised - pollution of Hussain Sagar Lake, Hyderabad, Telangana
1. Grievance in this application is against failure to prevent and remedy pollution of Hussain Sagar Lake and consequential pollution of Musi River on account of discharge of industrial effluents and sewage.
2. According to the applicant, Hussain Sagar Lake is situated in between the twin-cities of Hyderabad and Secunderabad. It is an ecological and cultural landmark of Hyderabad. The Hussain Sagar Lake is older than Hyderabad city. It was formed in 1516 (A D) by building a Bund, now 1 known as Tank Bund, in a natural depression at about 511 m above MSL.
It was a fresh water lake and used as drinking water source for Hyderabad from 1860s to 1930s. The original Water Spread area of the lake, with catchment area of about 300 sq KM, was around 1600 Hectares. As per a study done in 1986, the lake had catchment area of about 300 sq KM, with a free catchment of 175 Sq KM. The peak flood flow was estimated to be about 15,087 cusecs. The lake had a storage capacity of 1,68,000 cubic mts. at 511 MSL. Feeder Streams are Bholakpur Channel-15 MLD, Banjara Hills Nala -10 MLD, Kukutapalle Nala -70 MLD and Picket Nala -
6MLD, which have shrunk in size and now become sewage drains. All the storm water from Banjara & Jubilee Hills, having contour levels varying from 590 to 610m above MSL and the surrounding areas, drains into Hussein Sagar which is at 511 m. The reduction in the water spread area of the lake over the years reduced its holding capacity, resulting in flooding of low lying areas both upstream and downstream of the lake. Jeedimetla and Balanagar industrial area there are mainly more than 300 units both under public and private sector, manufacturing inter-alia chemical reagents, organics, pharmaceuticals, drugs, biochemical, synthetic chemicals, detergents, aircraft batteries, distillation products etc. In the initial phase of industrialization, a pipeline was laid by the Municipal Corporation of Hyderabad to carry the effluents from the industrial area downstream beyond Hussain Sagar Lake. The industrial effluents started finding their way into Hussain Sagar Lake through Kukatpally drain.
Added to it, the increase of urbanization with settlement of industrial labour in the periphery of the industries led to discharge of large volume of domestic sewage the Kukatpally stream. Thus, what initially was a fresh water stream has become a domestic sewage drain. Nature of pollution flowing into the lake is a mixture of untreated sewage and industrial 2 effluents. The water of the lake is characterized by high biological Oxygen demand (BOD), high chemical oxygen demand (COD), total dissolved solids (TOS), heavy metals (carcinogenic- hexavalent chromium, cadmium, nickel, arsenic; non-carcinogenic but highly toxic-mercury, lead manganese) coliforms and pesticides (DDT, lindane monocrotophos, endusulfan, Chlopyriphos, chlorophos). Poly-aromatic hydrocarbons and trace organic compounds, including aliphatic and aromatic compounds have been found to be present in the lake.
3. There is a proposal to use the hazardous silt to make islands inside the Hussain Sagar Lake. This would reduce the size of the Hussain Sagar Lake, apart from violating the Lake in several other ways, defeating the very purpose of dewatering the lake and filling it with fresh water. Around 50 acres of lake area would be used to dump silt near Kukatpally nala.
Polluted Lake water which is being released into the water bodies including Musi River would affect environment, apart from cancer and non-cancer risk varying from extremely high to borderline for various pathways. The DDT and other carcinogens which are present in the polluted water are primary cancer causing agents.
Procedural History
4. The application was filed on 25.04.2015 and came up for hearing on 24.08.2015. The Tribunal required the applicant to inform the counsel for the respondents and thus issued notice. The parties impleaded are the State of Telangana, Greater Hyderabad Municipal Corporation (GHMC), Hyderabad Metropolitan Development Authority (HMDA) and Telangana State PCB. The respondents have filed their respective affidavits. The Tribunal has considered the matter in the last seven years by several 3 orders which include orders for remedial action in the light of pleadings and factual reports furnished from time to time.
5. All orders and pleadings need not be mentioned and it will suffice to refer to some orders and facts relevant for passing the current final order.
On 01.05.2015, the Tribunal granted interim injunction against dewatering of the lake against which W.P. No. 14321 of 2015 was filed before the High Court and order of this Tribunal was stayed. However SLP No. 16926 of 2015 was filed which was disposed of on 26.05.2015 with a direction that the Tribunal may look into the matter by appointing an Expert Committee.
6. Accordingly, an Expert Committee was appointed by this Tribunal on 29.05.2015 with following terms of reference:-
"1. Factors responsible for causing pollution of the lake.
2. Efforts made by the concerned State Government departments/authorities in taking up measures in cleaning the lake and preventing further pollution.
3. Action taken/proposed to prevent the untreated sewage and effluents from entering into the lake through storm water drains (nalas).
4. Action taken to divert the untreated sewage and effluents from entering the lake through storm water drains particularly in respect of Kukatpally nala which is reported to be the main source of discharging huge quantity of untreated sewage and effluents causing pollution in the lake.
5. Whether any polluted water is released from the lake into the River Musi in the current summer season and if so how much quantity and for what purpose.
6. Whether any damage is observed to the ecology and environment in the River Musi if polluted water from the lake is found to be released in the current summer season, distance covered by the flowing polluted water in the River Musi and whether there are any signs of released polluted water entering River Krishna.
7. Is it a fact that the authorities have undertaken civil works for repairing the sluice gates of the lake and for this purpose only they 4 have to release some amount of water from the lake into the River Musi?
8. To verify that the work undertaken by the State Government is limited to the repairs of the sluices and there is no unnecessary dewatering of the lake.
9. Whether the work of repairs and improvement to sluice gates is under progress and if so, what is the stage of the civil works and the due date of completion of such works.
10. Are there any environmental studies undertaken for siting of the proposed activities in the lake in question?"
7. The Expert Committee filed its report dated 22.09.2015. The report found that pollution was on account of untreated effluents and untreated sewage being discharged into the lake. The recommendation in the report are as follows:-
"Recommendations:
The recommendations from the committee for the preservation of Hussain Sagar lake are follows:
1. In-lake treatment, The lake water may be treated through several palliative measures to remove eutrophication and improve quality of lake water; the components of which are:
Dredging and de-silting - widely adopted and considered essential for the lake.
De-weeding/hyacinth control or removal (biological, chemical, mechanical and manual measures, bio- composting) Bio-remediation (Clean up with bio-products natural bacteria breakdown, and aerators to churn the lakes) Introduction of composite fish culture/larvivorous fish species to control mosquitoes Some portions of the lake may be designated as protected areas and no commercial activity should be allowed and it should be part of the eco-tourism.
2. Shoreline management Shoreline management needs to be strengthened by banning construction activity to specific heights above the periphery of the lake. The existing structures in the lake for diversion of excess flows need to be revamped at the earliest. The lake periphery should be declared as protected areas or bird sanctuaries. To prevent pollution from human wastes, 5 community toilet facilities could be provided around periphery of the lake. Solid waste management measures could be introduced and the lake should be adequately fenced to avoid the dumping of solid waste on any portion of the lake.
Peripheral green belts can be created. Eco tourism facilities need to be undertaken which would convert the lake into a great tourist attraction. However, tourism needs to be controlled to prevent adverse effect on the bio diversity of the lake areas. Restrictions and guidelines need to be imposed on Idol immersions.
3. Peoples' participation This is a very effective management method that is increasingly becoming a necessity in Lake Environment Management. Involvement of non-Governmental organizations, which can act as a great catalyst in this work. The assessment of social, economic and ecological aspects of lakes through community participation can help to formulate a comprehensive management plan, which is ecologically viable and socially acceptable.
4. Environmental education and awareness Resource material for generating awareness on the importance of biodiversity and dependence of the local community on the Lake Ecosystems needs to be developed and disseminated to all people concerned. Environmental education and awareness Kits may also be developed for school children and uneducated youth living in and around the lake, with the help of NGOs.
5. Lake Management Committee Government may examine extending the scope and jurisdiction of Hyderabad Lake management Committee to protect the lakes from encroachments on lake lands as well as encouraging public participation in making many decisions in management of lakes, especially the Hussain Sagar Lake.
6. Survey of Lakes Separate cell may be created in the HMDA Department for Survey of lake areas in thee Hyderabad City, with dedicated staff, to complete lake survey and identify the areas to be protected from any pollution from industries and any other potential sources and to be included in the master plan.
7. Green Cess 6 Government may consider imposition of Green Cess and its modalities may be worked out. It may be levied on Vehicle users/visitors to the lake parks, commercial buildings in and around the lake, permitted vendors in the vicinity of lake. Funds so generated can be utilized for the maintenance of the restored lakes.
8. Restoration of Musi River The Musi River is being polluted by the indiscriminate discharges of waste water from domestic sewage as well as from industrial effluents. It is the high time that a comprehensive study should be taken up to assess the environmental conditions of this river that would culminate with recommendations for reviving this important natural water body."
8. The matter was thereafter taken up for consideration on 22.01.2020.
The Tribunal constituted a further joint Committee of CPCB, MoEF&CC, IIT, Hyderabad and National Institute of Hydrology to prepare updated action plan for further action to be coordinated by the State PCB. The said Committee filed its report before the Tribunal on 17.08.2020 with the following conclusion and recommendations:-
"8. CONCLUSION & RECOMMENDATIONS:
i. Department concerned shall install proper low measurement devices to measure the flow quantum of the sewage streams generated from all the Nala/drains and also the outlets of the weirs from the Lake and at the confluence point of River Musii.
ii. Lake restoration should include both In-lake techniques (Physical, chemical and biological measures) and watershed management techniques (onsite, offsite and non- structural best management practices) for the lake restoration.
iii. Appropriate corrective action needs to be taken to avoid direct discharge of untreated streams into the Lake. Also, Departments concerned shall ensure that there is no industrial contaminant in the receiving streams of Kukutapalle Nala.
iv. Existing treatment capacity of STPs needs to be enhanced to cater the needs of actual total generation of the sewage streams. Treatment Efficiency of the STPs shall be periodically examined.
v. It is recommended that State Authority needs to take up a detailed study on Water Quality of Lake and characteristics of the sludge deposited and its feasibility for desilting/ 7 dredging and mechanism for disposal and its impact and also the ecological impact of River Musi by engaging an independent reputed organization Such as NEERI or any other institution as desired by the Hon'ble NGT, having an expertise in the relevant filed in coordination with Telangana SPCB, HMDA, HMWS&SB and Irrigation Department.
vi. It is recommended to form a Permanent Lake Protection Committee comprising of the various Stakeholders of the Departments of the State with regulatory powers in order to protect the Hussainsagar Lake from the Pollution and other encroachments.
vii. The State Government should allocate separate budget to establish State Level Lake Management Authority with a dedicated independent technical team for regular action. "They should submit their short term and long term action plans/progress for the continuous lake conservation.
By considering the above facts, the Hon'ble Court may pass appropriate Order(s)/Direction(s) as deemed fit."
9. In response the said report, the State of Telangana filed an action taken report dated 22.02.2021 mentioning the steps taken for preventing pollution of the lake in question as follows:-
"6. Observation of the Joint Committee:
i. Though the additional I&D structure have been constructed and commissioned at Kukatpally nallah, still about 30-40% of the untreated sewage comprising with probably seepage / discharge from the Industrialarea directly join by overflow to the Hussain Sagar lake from the Kukatpally Nallah. Further, during the visit, it was observed that the sewage from Balkapur Nallah, Banjara Nallah, Yosufguda Nallah, has been diverted and not directly mixing in the Hussain Sagar lake. In the physical site inspection, it was observed that the sewage during peak flows in a day and also mixture of sewage and storm water in monsoon season overflows to the lake through the barrier which of marginal height.
ii. During the Committee inspection, the STP installed at Balkapur Nallah was not in operation due to the mechanical failures in the clarifier and damage to filters in UV filtration. So the entire stream of sewage has been diverted to the Goalnaka drain without treatment near to Amberpet STP. The overflow /discharge through the outlet of the Hussain Sagar Lake again confluence into the surplus channel with the stream of untreated sewage near Viceroy Hotel and reaches Goalnaka drain, where 80 MLD of untreated water is diverted through I&D Structure to Amberpet STP. The remaining untreated water from 8 Surplus Nallah flows directly into Musi River. Accordingly, the exiting capacity of treatment facility and the mode of discharge will not resolve the issues regarding the Hussain Sagar lake water quality. During the meeting State authority, informed that they proposed 17 STPs on the upstream of Kukatpally Nallah and reportedly tender has been already floated for the purpose and is in process.
iii. Though the State Authority claim that the treated water from STP of Picket Nallah (30 MLD) is being discharged into the Hussain Sagar lake, the Committee during the visit has observed that partial mixing of untreated sewage with treated water from STP.
iv. During the previous visit, Hussain Sagar Lake Development Authority, HMDA informed that repair works to surplus weir will be completed after monsoon period. However, no progress in this regard has been observed by the Joint Committee during this visit.
v. Despite the recommendations of the Joint Committee, the State Authority neither installed any flow measurement devices to measure the flow / quantum of the sewage streams generated from all the Nallah / drains and also the outlets of the weirs from the lake and at the confluence point of river Musi nor adopted any method for quantifying the actual quantum of the sewage generated.
vi. The city has a combined type of sewer system where the sewage and storm water flows in one drain, using I&D structure the sewage as well as storm water is diverted to STP for treatment which reduces the fresh water flow into the river. Converting to separate type of sewer system will reduce the load on STP and also flood which in turn reduce the pollution of water bodies.
vii. To prevent/reduce the flow of sewage into nallah's, the Underground drainage (UGD) system with sewer network has to be provided to entire GHMC area and can be directly divert the sewage to STP allowing the nallahs to carry only rain water.
viii. Constructing more I&D structures for diverting the sewage from nallah may prevent pollution to some extent in Hussain Sagar lake but increasing the pollution load of River Musi. The entire sewage of 1400 MLD of sewage generated by the GHMC area is diverted to Amberpet STP through Goalnaka drain. The Amberpet STP has a capacity to treat only 339 MLD and the rest of the sewage directly flows to river Musi.
7. Recommendations/suggestions of the joint committee:9
i. The detailed study is required to measure and estimate the sewage/storm water flow in to the lake and river Musi.
ii. As a temporary measure, suitable bioremediation of nallah's can be carried out after the barrier structure, to treat the overflow as per the guidelines of CPCB.
iii. The Hussain sagar lake has 7 numbers of high jet fountains with a water height of 18m to improve the dissolved oxygen. The number of jet fountains /aerators can also be increased and operated continuously to improve the DO which also reduces the contaminants to some extent.
iv. The separate sewer system shall be constructed and operated to treat sewage separately without combining storm water. The treated sewage shall be reused for other purposes and thus avoiding discharge to lake."
10. Thereafter, report dated 08.06.2021 was filed with following conclusions and recommendations:-
"5. Conclusions of Joint Committee Following conclusions are based on the discussion held and documents provided by concerned departments:
i. HMWSSB has completed tender process for the construction of 17 STPs in the Hussain Sagar Lake - Kukatpally Nala Catchment area.
ii. HMWSSB has proposed laying sewer collection network to convey sewage to proposed 17 STPs in the Kukatpally catchment area and waiting for the approval from the State Government.
iii. HMDA had invited Global tender for Request for Proposals (RFP) to improve the water quality of Hussain Sagar Lake through Bio-remediation. The finalization of tender is under progress.
6. Recommendations of the Joint Committee After discussion & reviewing of the progress of action taken by the concerned departments viz. HMDA, HMWSSB and irrigation department, the Joint Committee request the Hon'ble NGT to issue suitable directions to concerned departments for submitting the time bound action plan to comply with the following directions to improve the water quality of the Hussain Sagar Lake.
i. The GHMC which is responsible for the sewage management and solid waste in the Hyderabad has not attended any of the meeting conducted by the Joint Committee in spite of informing the meeting schedules.
ii. GHMC to quantify the sewage generated in the entire city and submit a time bound action plan for the treatment of the entire sewage generated in the Hyderabad city limits.
10iii. To ensure full-fledged operation of Solid waste management system including door to door collection with segregation of wet and dry waste. To ensure that no solid waste/ garbage find its way to water bodies either by dumping/throwing in the vicinity of water bodies.
iv. HMDA has once again called a global tender for the Bio-
remediation of Hussain Sagar Lake, without tapping the pollution at the source a fruitful result cannot be borne. The reply may be given for the queries raised by applicant regarding the bio-remediation carried out by M/s Matrix Environmental Inc, Hyderabad and the tender issued for Modern food court' and 'Japanese food courts' at the boundary of the Hussain Sagar Lake.
v. HMDA to ensure the regular operation of STPs maintained by them and to reuse the entire treated sewage than discharging into the Lake/ water bodies.
vi. To submit a time bound action plan for the construction & operation of the proposed 17 STPs at the Kukatpally catchment area. To ensure that laying sewer collection network to convey sewage to proposed 17 STPs is completed at par with the proposed STPs, a time bound actíon pian may also be provided.
vii. The irrigation department may provide the requested information about the Full Tank Level (FTL) and repair of the surplus weir near the Viceroy Hotel.
viii. After discussing with the concerned departments of the State Government, it was learnt that the FTL, Sluice gates in the Lake & Surplus weirs comes under Irrigation department; the maintenance of Lake, STPs around the lake and the I&D structure built at the mouth of the Hussain Sagar lake come under the HMDA. The drains carrying the sewage to the water bodies comes under the purview of GHMC and the construction of STPs to treat the sewage generated by the city is with the HMWSSB.
ix. The concerned departments shall upload the work carried by them to improve the water quality of the lake in their respective website for the public access."
11. The matter was last considered on 08.07.2021 requiring further action in the light of the recommendations and filing of an action taken report.
12. In pursuance of above, a status of compliance dated 24.08.2021 has been reported by the Chief Secretary, Telangana as follows:-
" S. Recommendation of the Status
No. Joint Committee
11
i) The GHMC which is GHMC submitted the draft FTL map of
responsible for the sewage Hussain Sagar Lake, contour plan and
management and solid inflows & outflows calculation sheet to the
waste in the members of the Joint Committee through
Hyderabad has not attended email on 22.03.2021. The copy of draft FTL any of the meeting conducted & other enclosures are placed as Annexure-
by the Joint Committee in I.
spite of informing the
meeting schedules.
ii) GHMC to quantify the It is to submit that, HMWS&SB has
sewage generated in the quantified the total sewage generation as
entire city and submit a time 1.950 MLD within ORR covering GHMC. 25
bound action plan for the STPs with capacity 772.3 MLD are existing.
treatment of the entire Further, HMWS&SB engaged
sewage generated in the M/s. Shah Technical Consultants, Mumbai
Hyderabad city limits. for preparation of Comprehensive Sewerage
Master Plan to formulate the DPRs for STPs and Sewer Network for the GHMC area.
Accordingly, the consultants have proposed 31 STPs in GHMC area with a treatment capacity of 1259.50 MLD in 3 packages.
Agency for construction of 17 STPS with a capacity of 376.50 MLD falling under the Hussainsagar catchment is finalized vide G.O.Rt. No. 441, dated:07.06.2021. Work is in progress.
The remaining 14 STPs decentralised along river Musi and along water bodies with a capacity of 883MLD in two packages are awaiting administrative sanction.
iii) To ensure full-fledged It is to submit that, 5978 TPD of MSW is
operation of Solid waste collected through 100% door to door
management system collection.
including door to door
collection with segregation of No solid waste/garbage is dumped into the
wet and dry waste. To water bodies. The GINC has provided
ensure that no solid waste/ integrated MSW processing facility of
garbage find its way to 65001-PD including Waste to Energy Plant
water bodies either by of capacity of 19.8 MW at Jawaharnagar,
dumping/throwing in the Medchal-Malkajgiri District.
vicinity of water bodies.
iv) HMDA has once again called HMDA has entrusted the work of
a global tender for the Bio- bioremediation of Hussain Sagar lake to
remediation of Hussain M/s. Matrix environment INC initially for a
Sagar Lake, without tapping period of six months for an amount of
the pollution at the source a Rs.1.52 crones by calling global tenders and
fruitful result cannot be the agency executed the work for 6 months
borne. The reply may be from March to August 2020. During the given for the queries raised intervention period, there was significant by applicant regarding the and consistent improvement in the water bio-remediation carried out quality of the lake.
by M/s Matrix
Environmental Inc,
12
Hyderabad and the tender Since the agreement period was completed
issued for Modern food court" in the month of August 2020, a new RFP and "Japanese food courts" was prepared for Bio-remediation of at the boundary of the Hussain Sagar lake and global tenders Hussain Sagar Lake. were invited. Six firms participated of which four are technically qualified by the expert committee accordingly as per the recommendations of the expert committee the price bids of the four agencies were opened and the committee examined the proposals on 19-032021, there was an ambiguity in the quoted price of the bidders.
It was decided to recall a shorter notice in response only two firms participated in the tender altogether and the price with the lowest quote M/s. NACOF has been accepted. An agreement have been concluded with the said agency from 9.4.2021 at an agreement value of Rs.1,04,99,950/- all applicable taxes and are executing the work.
v) HMDA to ensure the regular 3 STPs were established by HMDA for operation of STPs HussainSagar lake with capacities of maintained by their and to 20MLD at Balkapurnala, 30 MLD at Picket reuse the entire treated nala and 5 MID at Rangadharnuni Cheruvu, sewage than discharging kukatpally and the treated water is being into the Lake/ water bodies. discharged into the lake. The treated water is discharged into Hussainsagar to maintain hydraulic balance of the lake.
TSPCB is monitoring the performance of these STPs on monthly basis and are meeting the standards. The analysis reports are placed as Annexure-11
vi) To submit a time bound The period of implementation of the project action plan for the is 24 months.
construction & operation of the proposed 17 STPs at the It is to submit that, the construction of 17 Kukatpally catchment area. STPs, is inclusive of construction of I&D To ensure that laying sewer structures to divert the flow from nalas to collection network to convey STPs and O&M for 15 years period is also sewage to proposed 17 STPs included in the package. is completed at par with the The designs and drawings are being proposed STPs, a time bound approved for construction of STPs.
action plan may also be provided. The project of sewer collection network is in the process of administrative sanction.
At present 11 I&D structures were constructed to prevent the inflow of sewage from four major nalas into Hussain sagar lake. The entire sewage is being diverted through trunk sewer mains to STP at Amberpet functioning with a capacity of 339 MLD.
13
vii) The irrigation department The information of FTL map of Hussain
may provide the requested Sagar Lake, contour plan and inflows &
information about the Full outflows calculation sheet are placed at
Tank Level (FTL) and repair Annexure-I.
of the surplus weir near the
Viceroy Hotel. The Hussain Sagar Lake is having two
surplus weirs and six number of sluices.
The flood water can be directly discharged through surplus weirs whereas the sluices are choked up due to non-maintenance and non-operation since long time. It is desired to bring all the sluices into operation so the repair works are taken up as flood control measure and regulation of discharges. In order to facilitate repairs to the sluices and weir, additional discharges are released through the weir into the natural surplus course. The applicant herein assumed that, the Government of Telangana is dewatering and desilting Hussain Sugar Lake. There is a marginal increase of flow of water from the above sluices due to the repair of sluices and said flow of water is already curtailed after completion of the repair works.
Further in reply to the RTI filed by the applicant on the above subject all the Departments have given their replies and that, there is no proposal of dewatering and desilting of Hussain Sagar Lake as alleged by the applicant. The entire process of repairs for upstream and downstream is taken up in a regular course as a part of pre monsoon maintenance.
The following works were taken up during the period in which inspection was conducted by the committee a. Repair works to left side surplus weir.
b. Repairs to sluice no 1 and sluice no 2 near to the left side surplus weir.
c. Repairs to sluice no 3 called Kukkala Thumu near Dhobighat.
d. Repairs to sluice no 4 called Khajana Thumu near Dhobighat.
e. Construction of submerged Sluice with pipes at vent no 14 with a discharging capacity of about 550 cusecs.
It is further submitted that all these works and their related works were completed except some balance repair works to the surplus weir.
Regarding repair works to left side surplus weir, it is submitted that the surplus weir with Gated Mechanism is proposed in the existing weir location and the tenders have been floated 14 for the work with last date of bid submission on 25.08.2.021. Once the tender is finalised, the work will be taken up and completed within 18 months.
viii) After discussing with the No action recommended concerned Department of the State Government, it was learnt that the FTL, Sluice gates in the Lake & Surplus weirs comes under Irrigation Department the maintenance of Lake, STPs around the lake and the I&D structure built at the mouth of the HussainSagar lake come under the HMDA. The drains carrying the sewage to the water bodies comes under the purview of GHMC and the construction of STPs to treat the sewage generated by the city is with the HMWSSB.
ix) The concerned Department The respective departments will upload the
shall upload the work work carried out in their websites for public
carried by them to improve access.
the water quality of the Lake
in their respective website for
the public access.
It is to submit that, the total C&D waste generated from demolition of old Secretariat building is 147469.02 tons and it was shifted to the processing facility located at Jeedimetla. The month wise processing details of the waste at C&D waste processing plant located at Jeedimetla is as follows:
Quantity of the MD waste processed Month which is generated from the Old Secretariat in Tons Jul-20 710.00 Aug-20 15539.00 Se-20 11542.75 Oct- 2.0 11382.75 Nov-20 9962.00 Dec-20 10914.60 Jan-21 6219.27 Feb-2.1 15856.56 Mar-21 27768.07 Apr-21 17537.02 May-21 15768.00 Jun-21 4269.00 Total 147469.02 15 Further, the applicant raised objections that in the guise of repairing the surplus weir, there was tampering of the 1-711 of the Hussain Sagar Lake by lowering the weir and the lake bed was exposed and further material was dumped near the Kukatpally nalla side.
The allegations made are baseless and it is reiterated that the Hussain Sagar Lake is having two surplus weirs and six number of sluices. The flood water can be directly discharged through surplus weirs whereas the sluices are choked up due to non-maintenance and non-operation since long time. It is desired to bring all the sluices into operation so the repair works are taken up as flood control measure and regulation of discharges. In order to facilitate repairs to the sluices and weir, additional discharges are released through the weir into the natural surplus course. The applicant herein assumed that the Government of Telangana is dewatering and desilting Hussain Sagar Lake. There is a marginal increase of flow of water from the above sluices due to the repair of sluices and said flow of water is already curtailed after completion of the repair works.
Further in reply to the RTI filed by the applicant on the above subject all the Departments have given their replies and that, there is no proposal of dewatering and desilting of Hussain Sagar Lake as alleged by the applicant. The entire process of repairs for upstream and downstream is taken up in a regular course as a part of pre monsoon maintenance Monitoring of Hussainsagar Lake:
I. Hussainsagar Lake water quality:
TSPCB is carrying out monitoring of water quality of Hussainsagar Lake every month at following 9 locations: -
1. Hussainsagar lake outlet at Boats club
2. Hussainsagar lake outlet at Viceroy Hotel
3. Hussainsagar lake at Necklace road
4. Hussainsagar lake Opposite NTR garden
5. Hussainsagar lake at Lepakshi Handicrafts
6. Hussainsagar lake at Midstream at Budha statue
7. Hussainsagar lake at Sanjeevaiah Park
8. Hussainsagar lake at Sailing club
9. Hussainsagar lake at Bridge-I inlet The water quality of Hussainsagar lake fluctuates between Class-D and Class-E during the period January to July 2021.The same are placed as Annexure-III.
Monitoring of feeder channels:
16TSPCB is also monitoring 5 feeder channels joining Hussainsagar lake. As per the analysis reports, BOD values are ranging between 12 to 123 mg/L, COD values are ranging between 52 to 500 mg/L. The analysis report is annexed as Annexure-IV.
The TSPCB will continue monthly monitoring of Husaainsagar lake and sensitise the stake holder departments on the quality of lake water for taking necessary measures."
Consideration today and final order
13. We have taken up the matter for consideration and passing final order and heard the learned counsel for the applicant and the State Authorities. As shown from the above narrative, pollution of Hussain Sagar Lake is continuing which is a matter of serious concern. The Lake is a significant wetland and also received attention of the Hon'ble Supreme Court. Vide order dated 25.04.2005 in SLP (C) No. 5595-96/2004, G. Haragopal (DR.) & Ors. South Central Railway & Ors. vs. Central Railway & Ors., an Expert Committee was constituted which, apart from other issues, was to ascertain the level of pollution in the lake and recommend measures. The report is said to have been submitted, though not on record of present proceedings. This aspect has since been further looked into by the Committees appointed from time to time under orders of this Tribunal.
The factual position and action plan for remedial having already been identified, further action needs to be taken in the light thereof and monitored at highest level in the administration to uphold rule of law and protect environment and public health.
14. The Tribunal has considered the issue of protection of wetlands and keeping them free from the sewage and other pollution in several orders.
Reference may particularly be made to order dated 25.11.2021 in O.A. No. 17 351/2019, Raja Muzaffar Bhat vs. State of Jammu and Kashmir & Ors. as follows:-
"1to17.....xxx.............................xxx....................................xxx
18. District Environment Plan of each District in terms of order of this Tribunal dated 05.07.2021 in OA 360/2018, Shree Nath Sharma vs. Union of India & Ors. should also cover the wetlands in the District. If necessary, the said plans be revised accordingly by the District Magistrates concerned by providing that the core activity for conservation and protection of wetlands may primarily focus on not discharging of sewage, disposal of solid waste and other wastes, preventing siltation, demarcation of wetlands/flood protection zone and removal of encroachments. There should be regular monitoring of water quality under water quality management programme at strategic locations (around 10 locations) to ensure that it is compliant with TC/FC norms. Water quality of the wetlands with respect to BOD needs to be less than 3 mg/l, feacal coliform should meet norms and contamination due to toxic constituents either directly or through runoff from the catchment should be prevented. Biodiversity of the wetlands needs to be maintained. Monitoring of steps for compliance of Rules in relation to such Wetlands ought to be at District level by the District Magistrate, at State level by State Wetland Authority and at National level by National Wetland Authority. We are confident that such initiatives in monitoring will go a long way in protecting the Wetlands which have significant environmental functions."
15. As per Media reports1 Musi River is polluted requiring remedial measures. Available data shows that Hussain Sagar lake is in bad shape.
Huge load of about 376.5 MLD of sewage entering the lake daily. Out of estimated sewage generation of 1950 MLD in GHMC, only 772.3 MLD sewage is being treated. Futuristic plans to bridge the gap of 1259.5 MLD 1 Hussain Sagar becomes most polluted lake in Telangana - The Siasat Daily :
https://www.siasat.com/hussain-sagar-becomes-most-polluted-lake-in-telangana-2119448/ Hussain sagar's water still not up to standards of cleanliness - The Times of India:
https://timesofindia.indiatimes.com/city/hyderabad/hussainsagars-water-still-not-up-to- standards-of-cleanliness/articleshow/69708133.cms Pollution at Hyderabad's Hussain Sagar gets worse, lake loses ability to 'self-purify' - The News Minute: https://www.thenewsminute.com/article/pollution-hyderabads-hussain-sagar-gets- worse-lake-loses-ability-self-purify-56945 Hyderabad: Water quality in Musi, Hussain Sagar improves - Telangana Today: https://telanganatoday.com/hyderabad-water-quality-in-musi-hussain-sagar-improves 18 with 31 STPs are yet to see the light of the day. Water quality data of CPCB and PCB on different locations of Hussain Sagar bears testimony to unsatisfactory state of affairs. The data is as follows:
WATER QUALITY STATUS OF HUSSAIN SAGAR LAKE DURING THE YEAR 2020 & 2021 Station Name Of Year Dissolved pH BOD (mg/L) Faecal Coliform Faecal Code Monitorin Oxygen (MPN/100ml) Streptococci g Location (mg/L) (MPN/100ml) Min Max Min Max Min Max Min Max Min Max Primary Water Quality > 5 mg/L 6.5 - 8.5 < 3 mg/L < 2500 MPN / < 500 MPN / Criteria for Outdoor Bathing 100 mL 100 mL notified under the E(P) Rules, 1986 HUSSAIN 2020 0.4 6 6.92 8.1 8 28 14 540 BDL 1600 SAGAR 1391 LAKE, BUDAME 2021 BDL 2.4 7.52 7.98 5.8 8 39 120 11 63 RU It is seen from the data in Annexure-III of the report that the water quality of Hussain Sagar Lake is above 20 mg/l of BOD with high fecal coliform.
16. Further, plan of restoration is not an integrated one covering catchment demarcation, hydrology, ecological integrity etc. in terms of observations in OA No. 351/2019, Raja Muzaffar Bhat (supra) and its operational components as laid down in OA 125/2017, Court on its own Motion v. State of Karnataka, relating to Bellandur lake at Bengaluru.
17. In the light thereof, we consider it appropriate to direct that further monitoring may be conducted by a joint Committee to be headed by the Addl. Chief Secretary, Urban Development, Telangana with nominees of National Wetland Authority, State Wetland Authority, State PCB, CPCB and Director, Environment, Telangana being Members. The State Wetland Authority will be the nodal agency for coordination and compliance. The mandate of the Committee will be to ensure that the lake is free from sewage or industrial pollution and water quality of the lake is maintained 19 and Wetland Rules and environmental norms are followed. The Committee may meet within one month and after taking stock of the situation, prepare an updated plan which may be executed within next six months. The plan may provide for treatment of 376.5 MLD of sewage entering into Hussain Sagar, preventing contamination of five feeder channels, preventing industries disposing effluents in Kukatpally drain and restoration measures for water quality, if necessary, by adopting in situ remediation processes, with aeration and ozonation, if found to be giving appropriate results, regulating encroachments as per law and other relevant aspects.
Recharging of Hussain Sagar may be ensured and the treated sewage having low BOD and fecal coliform be considered for maintaining hydrological equilibrium of lake. The Committee must meet atleast once in a month and place its minutes on the website of State Wetland Authority. The Committee will be at liberty to interact with stake holders, including any other experts/institutions.
The application is disposed of. If any grievance survives, it will open to aggrieved parties to take remedies afresh, as per law.
A copy of this order be forwarded to the Addl. Chief Secretary, Urban Development, Telangana, Director, Environment, Telangana, National Wetland Authority, State Wetland Authority, State PCB and CPCB by email for compliance.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM Sudhir Agarwal, JM 20 Dr. Satyagopal Korlapati, EM Prof. A. Senthil Vel, EM July 6, 2022 Original Application No. 85/2015(SZ) A 21