Dismissed

Ramdevbhai Samatbhai Sanjva v. State of Gujarat

NGT14 Dec 2020IA No. 463/2019 in Original Application No. 616/2019

Case brief

AI extract

What is this about?

The National Green Tribunal directed the State PCB to enforce environmental norms and resume remedial action for the Bhadar River pollution despite an S.C. stay on penalties. The Tribunal held that non-compliance is an abuse of process as the stay does not cover environmental duties.

What did the court decide?

The application stood disposed of. The State PCB was directed to take appropriate measures for compliance of norms and demolish sumps in the river bed.

Ramdevbhai Samatbhai Sanjva vs State of Gujarat — Environment and Pollution | NGT (2020)

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Court No. 1

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Item No. 04

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 616/2019 (I.A. No. 463/2019) (Writ Petition (PIL) No. 114/2018) (With report dated 05.11.2020)

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Ramdevbhai Samatbhai Sanjva Applicant

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Versus

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State of Gujarat & Ors.

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Respondent(s)

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Date of hearing: 14.12.2020

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CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

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Respondent: Mr. G.H. Trivedi, DEE, GPCB

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ORDER

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The issue for consideration is the remedial action for abatement of pollution of river Bhadar near Ahmedabad. The present matter has been received on transfer from the Gujarat High Court vide order dated 09.05.2019 in Writ Petition (PIL) No. 114 of 2018, Ramdevbhai Samatbhai Sanjva Vs. State of Gujarat & Ors . River Bhadar is one of the 351 polluted river stretches, identified as such by the CPCB.

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The Tribunal considered the matter earlier on 06.12.2019 in the light of the earlier orders of the High Court dated 14.06.2018 in W.P. (PIL) No. 114 of 2018, Ramdevbhai Samatbhai Sanjva v. State of Gujarat & Ors . and dated 12.09.2012 and 07.05.2015 in Special Civil Application No. 254 of 2009, Govindbhai Pragajibhai Dobariya, Sarpanch & Anr. v. State of Gujarat & Ors . This Tribunal also considered counter affidavit

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filed by the CPCB before the High Court with report of Monitoring Committee on 17^th and 18^th of May, 2020, finding violation of environmental norms and suggesting further action. The Tribunal noted that widespread pollution was reported in river Bhadar at Jetpur.

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The matter was last considered on 29.06.2020 in the light of report of the joint Committee of CPCB and GPCB dated 18.02.2020 and also a report filed by Justice B.C. Patel, former Chief Justice of Delhi High Court dated 03.03.2020. The reports pointed out that there were many illegal washing ghats in Deri and Monpar Villages. Bluish green wastewater was found flowing in the drain during the visit on 20.12.2019 and the visiting team collected sample from the drain. During the visit on 20.12.2019, the drain was found flowing with coloured wastewater and the visiting team collected sample from the said drain.

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The Committee concluded:

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“The units visited by the team are mostly using ground water as their source for production process without obtaining permission from CGWA (Central Ground Water Authority). Moreover, the units are not maintaining record of water consumption or water extracted from the ground .

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…. The primary effluent treatment plant provided by washing ghats are not being maintained and operated properly.

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.… Therefore, the C-channel conveys the mixture of effluent and sewage to the collection sumps followed by a pumping sump from where it is pumped to CETP of JDPA.

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.… The industrial units located in the domestic areas utilize the water being supplied to domestic purpose for their industrial activities. In addition, industrial units are extracting ground water through bore wells without permission. The sewage generated from domestic households and effluent generated from the industrial activities are being conveyed in the open c-channel.

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…. Due to the present situation of the discharge of sewage in the existing c-channel, the c-channel cannot cater the carrying of combined load of effluent & sewage and therefore chances of

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overflowing of effluent-sewage mix to the low lying areas/ drains & River Bhadar is possible. Presently, about 11MLD of sewage is being generated in Jetpur and being conveyed in the open c-channel in addition to the 7 to 8 MLD of effluent from industries in Jetpur area, thereby exceeding the carrying capacity of the c-channel.

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GPCB has issued directions to CETP of JDPA for Repairing /increasing capacity of all C-channels (open drains) as well as collection sump carrying wastewater in Jetpur area, so as to stop overflow of untreated wastewater to River Bhadar. In response to the said directions, JDPA asked all its member industries to curtail the production by 50% and operate the process units (mercerizing units) during night time and individual printing units to operate during day time. Also JDPA has constructed a new collection sump for receiving the effluent from mercerizing units through tankers.

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…. Considering the present sewage & effluent generation and the installed capacity of CETP & STP, out of total 18 to 19 MLD of sewage & effluent generation, there is provision for treating only 13 MLD of the generation in the provided CETP & STP .

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xxx xxx xxx

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The sludge generated from CETP & STP of JDPA is being stored on open land without any liner inside the premises of CETP and huge quantity of sludge without proper dewatering was found stored on kuccha land. It is worth mention that JDPA is receiving ETP sludge from member industries in Jetpur and storing in the premises of CETP and facilitating for its disposal at CHWTSDF. However, the same is not reflected in the CCA of the CETP-JDPA issued by GPCB.

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xxx xxx xxx

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The sample collected from the CETP of JDPA, STP of JDPA, CETP of Dhareshwar and CETP of Bhatgam are not meeting the inlet/ outlet norms prescribed by GPCB.

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As per the CCAs issued to the CETPs & STPs, the treated wastewater should be used for irrigation purpose. However, the quantity of treated wastewater from the CETPs & STPs is huge compared to the land available for irrigation.

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The samples collected from the Bhadar River at various locations from Derdi area to the Bhadar Dam-II (Sample location R1 to R8) shows contamination of water quality in the stretch.

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… The drains receive unaccounted industrial wastewater from illegal washing ghats, overflowing of c-channels and domestic sewage from residential areas. These drains are the major source of pollution in Bhadar River .

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As it has already been mentioned in the order passed by Hon’ble NGT dated: 06.12.2019 (OA No. 616/2019), GPCB and District Collector, Jetpur may take action in accordance with the findings in the report of 17^th & 18^th May 2018 submitted by CPCB. Such action may also incorporate the redressal of issues highlighted in this report.

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…. However, the mechanism for disposal of ETP sludge from all the individual industries is required to be incorporated in the CCA.

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The Strengthening and augmentation of operation and maintenance of Primary Effluent Treatment Plants (PETP) of all industries should be ensured by industries as well as CETPs to meet the inlet norms of CETP.

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The CETPs and STPs may be asked to provide tertiary treatment system so as to treat the wastewater and reuse for the industrial purpose to the extent possible.

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STP of JDPA should be designated as CETP and accordingly the treated effluent norms should be revised, as STP is presently treating the mix of effluent and sewage. CETP and STP of JDPA should obtain authorization for disposing the ETP sludge to CHWTSDF received from its member units.

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The prescribed parameters for CETPs and STP are inconsistent with mode of disposal given in the CC&A, which may be appropriately made uniform as per applicable norms. All CETPs should be augmented for better treatability of effluent so as to meet the prescribed norms.

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The collection sumps & receiving well located in the bed of River Bhadar should be relocated immediately, so as to stop untreated effluent overflowing into the River. The open C-channel located in in the bed of River Bhadar and in Jetpur city should be replaced with underground pipeline, so as to stop untreated effluent overflowing into the River.

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The small scale printing & dyeing industries in Jetpur area are mostly located amidst residential areas. The industries located in the Jetpur city are located in small lanes which makes difficult for any possibilities towards tankers movement for effluent disposal to CETP and any such arrangements may lead to drastic increase in the traffic movements thereby increasing pollution in the city. In addition to the above, the use of boilers in the industries located in the residential areas also caters to the increase of air pollution in the residential zone. Therefore, scope may be worked out for relocation of industries from residential area and formation of separate industrial cluster to streamline the overall environmental management system, particularly about usage of fresh water and disposal and reuse

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mechanism for treated wastewater with core objective of improved environmental conditions in Jetpur area.”

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The report of Justice Patel also mentioned the shortcomings and violations inter-alia as follows:

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“ Before the final report is submitted with a view to see that no illegality is perpetuated, immediate action must be taken by the GPCB, the Collector and other authorities concern to restrain CETP/Association from collecting and storing the trade effluent in the river bed for any purpose including for transportation from one side of river bed to the other side of the river.

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There are many units operating in the city at various places and many are operating in the areas where approach is difficult or is not easy. These are the residential areas. Many units for their requirement of water for industrial use, through water tanker get water. Through open channel the trade effluent is allowed to flow and at certain places the same is allowed to flow with sewage which is not only health hazard but causes nuisance to the people at large. It was also indicated that from the units located in the city, arrangement is being made to collect the industrial effluent through automobile tankers. Looking to the number of units situated in the city and the quantity of water to be transported and the industrial effluent required to be transported to the CETP through number of vehicles moving in the city causing not only pollution but causing traffic hazards. In a small and old city where the roads are very narrow, the District Administration, the Municipal Administration and the Police Administration ought not to have allowed movement of tankers within the city for transportation of industrial effluent. It may be noted that the industrial effluent containing the chemicals on account of accident it may cause a lot of problems.

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Considering the topography of the city, small roads, the industries operating from houses situated in lanes have provided open channels to drain the industrial effluent or the sewage effluent or both. The Municipality has commenced the work of the close gutter line and in some areas they’ve done. However, looking to the number of industries situated in the city, looking to the nature of the industrial effluent, considering the inadequate size of the treatment plant for the industrial effluent, inlet norms for CETP are found in breach in most of the cases and storage of the industrial effluent in the riverbed are hazardous and against the public interest and therefore, in view of all the circumstances the operators of sari printing and such other units must be shifted out of the city in an industrial zone so that with proper technology, the Industrial Estate can be erected which would take care of various problems and Jetpur will be free from hazards of industrial effluent. No doubt, it would not be at one place and may be at 2 or 3 places where all the units working at present can be accommodated and convenient places can be given to the units. The state

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government will have to take initiative by providing the land nearby area at a reasonable rate or to undertake the establishment of Industrial area through its own Gujarat Industrial Development Corporation so as to solve various problems arising.

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Originally, when the printing work of Saris commenced at Jetpur, there were very few units however, the work of printing has increased a lot and it is not that the work is limited to printing saries only but are printing clothe for export also. With the increasing number of the units using chemicals and other material industrial effluent is generated and therefore, it is absolutely necessary that for scientific disposal of the industrial effluent, the collection also should be scientific causing no nuisance to anyone. It can be done only if industrial estates are operating with latest facilities according to the nature of the units operating which would help in decreasing the level of pollution. If the new industrial estates are erected, there that can be appropriate greenery to protect the environment and also there can be appropriate method for rain harvesting so as to see that the natural/Rain water is stored.

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About the treatment of sewage, very recent news item published in the Times of India, dated 29^th February, 2020 cautions everyone indicating adverse effects of use of treated sewage water. However, no remedy is indicated. Whether chlorination as per standard or as per requirement would remove the effects of E coli noticed is not indicated. The news item reads as under.

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A short report has been published on 29th February, 2020 by Times of India, Ahmedabad, under the title ‘Ahmedabad: Treated waste water turns bacteria drug resistance’ the article further states that

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“ what does not feel you, makes you stronger” said renowned German philosopher Friedrich Nietzsche. This ode to re-silence ironically applies to micro-organism which are apparently not seen by naked eye.

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Treated water more dangerous?

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40% E coli in treated water of Jaspur resistant to fluoroquinolone prescribed to treat respiratory and urinary tract infections.

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20% E. coli of Chandkheda resistant to levofloxacin (LVX), norfloxacin (N F X) and tetracycline (T C); 40% resistant to kanamycin mono sulphate (K M C). why you should be concerned?”

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Drug and multidrug resistant bacteria to make common infections life- threatening and costlier to treat. By 2050, more deaths may be due to antimicrobial resistant infections compared to other significant causes. A joint study by researchers from India, Shri Lanka and Japan on 3 waste water treatment plants (WWTPs)

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in Ahmedabad in India and three places in Shri Lanka revealed that multidrug resistant bacteria are more prevalent in the treated water of these plants.

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“The study included three plans at Jaspur, Chandkheda and Vasna in Ahmedabad. Maximum E. coli prevalence was found at Vasna, which was highest across the 6 places studied. The study measured bacteria level in the influent, a discharge point, 20 m and 50 m from the point “said Prof. Manish Kumar of IIT Gandhinagar (IIT-Gn.), lead author of the study.

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Polluted water used for irrigation.

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It is a cause of worry because treated water from Jaspur and Chandkheda issued for irrigation 769 hectors collectively, as recorded in 2018. The Vasna plant’s water is released into Sabarmati River. Titled ‘Treatment enhances the prevalence of antibiotic resistant bacteria and antibiotic resistance genes in waste water of Shri Lanka and India’ the study was published recently in Environmental Research’ by Elsevier. Other authors include Bhagwan Ram from IIT Gandhinagar (IIT- Gn), Himaya Sewwandi and Tushar Chaminda from University of Ruhuna in Shri Lanka, Sulfikar and Ryo Honda from Kanazawa University, Japan.

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Prof. Kumar added that while the treatment-done by activated sludge process (ASP) - dude uses the overall prevalence of faecal bacteria significantly, the battle that survives the process are majorly the of drugresistant ability.

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‘E. coli prevalence was reduced during treatment, but seemingly the remaining bacteria could adapt in the presence of antibiotics that led to a further increase in resistance.... As far as the gravity of the situation is concerned, the resistance to fluoroquinolone is worse and thus Shri Lankan condition seems better than India’ mentioned the study. The study also mentioned that E. coli strains of all the locations in both countries exhibited multidrug resistance implying a serious health concern in the near future. Strains showed a varying level of resistance for quinolone and non-quinolone groups of the antibiotics.”

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The Tribunal accordingly directed:

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“10. Thus, GPCB needs to take further meaningful remedial action to stop polluting activities till suitable remedial measures are adopted to ensure that no further and continuing damage is caused to the environment and public health in the light of order of date in O.A673/2018.

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Prosecution and recovery of compensation for the deficiencies earlier recorded may abide by orders of the Hon’ble Supreme Court in view of the order of stay but the order of stay cannot be misinterpreted to mean that pollution can continue with impunity. The report quoted above establish continuing pollution post orders of Hon’ble Supreme Court which cannot be read as covered by the said order.

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Let a compliance report be filed by the joint Committee comprising of CPCB and GPCB within three months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. A copy thereof be placed on the website of CPCB with intimation to the concerned polluters for their response, if any. A Copy thereof may also be furnished to Justice B.C. Patel. We also request Justice B.C. Patel to give his further observations in the matter after three months.”

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Accordingly, the State PCB has filed its further report on 05.11.2020 mentioning the status of waste water management in industrial units, status of CETPs and STPs, C-channel and collection Sumps/Pumping stations and status of river Bhadar and natural drains. The report concludes as follows:

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“3.0 Conclusion:

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JDPA has constructed 03 collection sumps outside the river bed for collection of wastewater from member textile units through tankers. The textile units have started discharging the effluent mostly through tankers to these newly constructed collection sumps. However, the sewage from the Jetpur area and primary treated effluent from textile units located in the residential area of Jetpur is still being discharged in open C-channel and gets collected at the collection sumps located in the bed of River Bhadar. Therefore, the collection sumps and receiving wells in the bed of River Bhadar are not dismantled.

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Once the 23.5 MLD capacity STP by Jetpur-Navagadh Nagarpalika becomes operational, discharge of effluent from textile units in the C- channel is likely to stop completely and there would not be any direct source of wastewater discharge to the River Bhadar in Jetpur area.

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The analysis results of samples collected from River Bhadar during September 2020 shows slight contamination of water quality in few stretch of river and the samples collected from all natural drains shows contamination of industrial effluent/ sewage . However, significant improvement in water quality of the River Bhadar at Dublipat i.e. downstream of Jetpur is

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observed from August 2020 onwards. The improvement in water quality may be due to reduced effluent discharge from textile units into C-channel, occurrence of rain during sampling period and also less industrial operation due to Covid-19 Lockdown.

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The analysis results of inspected units show that they are not meeting the CETP inlet norms with reference to one or other parameters. Industrial units abstracting ground water are in the process of obtaining permission from Central Ground Water Authority (CGWA).

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The analysis results of samples collected from outlet of 03 CETPs and STP during the period from 01.01.2020 to 31.08.2020 shows that the concentration of monitored parameters were found not meeting the CETP outlet norms prescribed in CCA by GPCB with reference to one or other parameters.

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GPCB has amended the CCA of CETP of JDPA with reference to facilitating the central storage of ETP sludge from member industries and collective disposal to CHWTSDF. Also, GPCB is amending the CCA of STP of JDPA with reference to discharge standards of treated effluent from STP as is receives and treats the same stream of effluent and sewage which is being received and treated in ETP.

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The treated wastewater from all 03 CETPs and one STP is being used for irrigation in the agricultural land. However, the quantity of the treated wastewater generated from all three CETPs and one STP is huge compared to the land available for irrigation.

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4.0 RECOMMENDATION

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Based on the findings, it is recommended that;

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1. The construction work of 23.5 MLD STP by JetpurNavagadh Nagarpalika should be completed at the earliest and made operational so that the sewage from the entire Jetpur area is treated in this STP and thereby discharge of sewage in the C-channel should be stopped completely.

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2. GPCB and JDPA to ensure that industrial unit dispose their effluent only through tankers to the CETP of JDPA and no effluent is discharged in C-channel. CCA of individual textile units should be amended for disposal of primary treated effluent only through tankers in place of discharge through C-channel on priority. The tankers carrying effluent from member industries to CETP should be enabled with GPS tracking system and the tracking history should be submitted to GPCB on regular basis.

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3. The tanker disposal record of individual unit should also be maintained at the respective collection sump by the CETP operators and the record should be submitted to

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GPCB on regular basis. These records may be cross verified from time to time with records maintained by individual units.

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4. JDPA should dismantle the existing C-channel, collection sump & pumping station located in the bed of River Bhadar and GPCB should monitor and ensure the same.

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5. STP of JDPA which is presently treating the mix of sewage and effluent, should be converted to CETP for treating only the industrial effluent, once the STP being constructed by Jetpur-Navagadh Nagarpalika become operational and all sewage is diverted to this STP.

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6. The analysis reports of the samples from all the operational CETPs (3 Nos.) and the STP shows that the concentration of one or the other monitored parameters are not meeting the prescribed outlet standards. Hence, it is recommended CETPs and STP should meet the prescribed discharge standards through proper operation and maintenance.

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7. JDPA may be asked to explore the possibility of recycle/ reuse of the treated wastewater in the industrial process as the quantity of wastewater generated from CETPs and STP is huge compared to the land available for irrigation. This will reduce the consumption of fresh water resource and disposal load in the environment. This issue needs to be addressed jointly by GPCB and JDPA on priority.

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8. Industrial units to ensure that the primary treated effluent meets the CETP inlet norms and also ensure timely disposal of ETP sludge and GPCB will continue the compliance verification of the same.

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9. GPCB will continue the monitoring of natural drains, river stretches and industrial units to identify illegal discharges and polluters.”

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As against the above, Jetpur dyeing and printing association has

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filed letter dated 24.11.2020 as follows:

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“This is to inform you that in OA No.616/2019 Ramdevbhai Samantbhai Sanjva 7/S. State of Gujarat and Others, the Hon'ble National Green Tribunal, Principle / Bench had passed order which was uploaded on 6th December, 2019.

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The above said order has been challenged by jetpur Dyeing And Printing Association by moving Civil Appeal No.1807/2020. The Civil Appeal was heard on 1W" March, 2020, in which Hon'ble Supreme Court has been pleased to issue notice to the parties and necessary order of stay against prosecution and recovery of any amounts as penalty in the meantime is granted. A copy of

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the order dated 18/03/2020 had already been sent with our letter Dtd.18/06/2020.

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Jetpur Dyeing And Printing Association had requested to adjourn the matter pending before Hon'ble NGT suitably vide letter Dtd.18/06/2020.

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Even after the above said request the matter has been proceeded with and Order Dtd.22/06/2020, uploaded on Dtd.29/06/2020 has been passed against jetpur Dyeing And Printing Association. Aggrieved by this, jetpur Dyeing And Printing Association challenged the above said Order Dtd.22/06/2020, uploaded on Dtd.29/06/2020 in OA No.61⁶ /2019 before Hon'ble Supreme Court which was pleased to issue notice and notice for stay in the Civil Appeal No.2901/2020 in OA No.616/2019 is enclosed herewith.

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In short, we humbly request that we, the Jetpur Dyeing And Printing Association had never been issued the notice of hearing by Hon'ble NGT after the matter was transferred from Hon'ble Gujarat High Court to Hon'ble NGT. Thereafter, both the above said orders passed by Hon'ble NGT have been challenged before Hon'ble Supreme Court, where the matters are pending at present and the orders as stated above have been passed.

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In this situation, while Hon'ble Supreme Court is hearing the matter and considering all the merit, we Jetpur Dyeing And Printing Association once again request to adjourn OA No. 616/2019 till Hon'ble Supreme Court decides both the above said appeals, because we sincerely believed that it will be in interest of Justice and judicial propriety to wait and adjourn the matter till Hon'ble Supreme Court decide all the issues. Otherwise also considering serious pandemic situation prevailing at New Delhi; and in Gujarat, we are finding it difficult to organize defense in the cases against us from distance at Jetpur in Gujarat State.

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In view of the above, we request your good self to place this request letter before Hon'ble Bench of NGT in the interest of justice for necessary adjournment till Hon'ble Supreme Court decide both the appeals.”

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From the above, it is seen that the association while making a grievance of lack of opportunity of being heard is not responding on merits nor complying with the norms. It has relied upon order of stay against prosecution and recovery of penalty but as observed on last hearing order quoted in para 6 above, there is no stay against

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compliance of norms. Thus, even if prosecution and penalty are not enforced, the right to clean environment has to be enforced which is part of right to life. We are unable to see any injunction against such compliance. Non compliance is thus abuse of stay order which is only against prosecution and penalty.

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Accordingly, we direct the State PCB that while complying with the order of stay granted by the Hon’ble Supreme Court against prosecution and penalty, the State PCB may take all further appropriate measures for compliance of environmental norms under the relevant statutory provisions, in exercise of the statutory powers of the PCB, as per law. With regard to extraction of ground water, this Tribunal has already held vide order dated 20.07.2020 in OA 176/2015, Shailesh Singh v. Hotel Holiday Regency, Moradabad & Ors ., that there should be assessment of availability of groundwater and compliance of regulatory norms without which extraction of groundwater may not be allowed and if illegal extraction of groundwater takes place, compensation on “Polluter Pays” principle may be assessed and recovered. Merely filing of application cannot stand at par with the grant of any NOC. These directions are with a view to enforce the judgment of the Hon’ble Supreme Court in M.C. Mehta v. Union of India & Ors. (1997) 11 SCC 312 directing regulation of extraction of groundwater, particularly in water scarcity areas. In view of law laid down by the Hon’ble Supreme Court, it is not permissible to have any concept of deemed permissions, merely on making of an application, without assessment of the availability of groundwater and regulation and enforcement of regulatory measures.

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The River Rejuvenation Committees (RRCs), constituted in the State of Gujarat on the pattern of all other States, to plan and execute

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remedial action against polluted river stretches may also look into the matter and give its report in terms of orders of this Tribunal passed in OA 593/2017, Paryavaran Suraksha v. Union of India and 673/2018, News item published in "The Hindu" authored by Shri Jacob Koshy Titled "More river stretches are now critically polluted: CPCB " which may be monitored by the Central Monitoring Committee (CMC) headed by the Secretary, Water Resources.

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With above directions, subject to further orders of the Hon’ble Supreme Court in matters pending consideration, there is no other purpose of keeping the matter pending.

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The application stands disposed of accordingly.

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All pending I.A.s will also stand disposed of.

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Adarsh Kumar Goel, CP

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S.K. Singh, JM

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Dr. S.S. Garbyal, EM

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Dr. Nagin Nanda, EM