Allowed

Shamsher Singh vs

NGT21 Dec 2022Original Application No. 365/2021

Case brief

AI extract

What is this about?

The Tribunal accepted recommendations from a joint committee to prevent illicit dumping of sewage/septage. It directed the Delhi Jal Board to establish monitoring systems and clarified the powers of police and regulators under overlapping statutory mandates.

What did the court decide?

Directions issued to constitute district task forces, establish control rooms, install CCTV, clarify police powers under NGT Act, and identify unserved localities.

Shamsher Singh vs — Environment and Pollution | NGT (2022)

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Court No. 1

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Item No. 02

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 365/2021

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(With report dated 18.12.2022)

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Shamsher Singh Applicant

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Versus

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Govt. of NCT of Delhi

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Respondent

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Date of hearing: 21.12.2022

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CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER

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Respondent(s): Mr. Balendu Shekhar, Advocate for DPCC Ms. Sakshi Popli, Advocate for DJB

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ORDER

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Grievance in this application is against dumping of sewage, carried by unauthorized trucks/vehicles, on roads and drains, resulting in pollution and damage to the environment. The complaint has specified locations at Chandan Hola Main Road Bus Stand near Pulliya , Gadaipur Bandh Road, DLF, Vasant Kunj Farm House, Delhi.

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The matter was considered on 22.12.2021. Reference was made to another identical matter and it was observed that such incidents may be taking place at various locations which were required to be addressed. The operative part of the said order is as follows:

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“2. The Tribunal has come across another identical grievance in respect of another location at Sangam Vihar, Deoli Constituency, New

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Delhi. The said matter was dealt with vide order dated 27.08.2021 in O.A No. 300/2020, Tilak Raj & Ors. v. Govt. of NCT of Delhi as follows:-

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“1. Grievance in this application is against the unscientific dumping of sewage by tractors/vehicles of the septic tank cleaners at Sangam Vihar, Deoli Constituency AC-47, New Delhi – 110080. According to the applicant, these activities are causing serious damage to the environment which remains unchecked by the regulatory authorities.

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1. Vide order dated 07.01.2021, a joint Committee of DPCC, DJB and SDM South, Saket was directed to furnish an action taken report in the matter.

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2. In pursuance of above, the DPCC has filed an action taken report on 17.08.2021 to the effect that at the site in question no disposal of waste was found. The DJB has given licenses to 208 entities for disposal of the waste from six designated disposal locations in the area.

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3. We have given due consideration to the matter. We find that the report furnished is incomplete. It does not show how the waste is being disposed of after collection by the entities to whom licenses have been given. It is not clear whether the entire quantity of waste collected is being brought at the designated disposal locations and the end destination and manner of disposal. In absence of such information, the unscientific disposal is not ruled out, in violation of the Water (Prevention and Control of Pollution) Act, 1974 making untreated disposal of such waste a criminal offence, having serious adverse effect on the public health and the environment.

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4. Accordingly, we direct the Secretary, Urban Development, Delhi and the Secretary Environment, Delhi to hold a joint meeting on the subject with the concerned authorities, including the concerned Municipal Corporations and DJB to decide the course of action for compliance with the statutory mandate of ensuring scientific disposal of sewage collected by the tractors/vehicles, in pursuance of licenses given by the Delhi Government. Action is required so as to ensure that septage/fecal material going to the preidentified FS - STP till connectivity of septage to the sewer lines takes place by concerned households taking the requisite connections. The application is disposed of .”

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3. Since such incidents may be taking place at various locations which needs to be verified by the Delhi Jal Board (DJB), Delhi Pollution Control Committee (DPCC) in coordination with the concerned Municipal Corporations and local Police. Report may be furnished within one month by e- mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. DPCC will be the nodal agency for coordination and compliance. DPCC may also

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ascertain the status of follow-up action of the above order of the Tribunal and mention the same in its report alongwith result of general survey of other areas where such problem may be found.”

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The matter was further considered on 22.04.2022 in light of report of the DPCC, acknowledging that septage tankers were dumping sewage waste in the drains in the night and early morning instead of taking the same to the nearest STPs managed by DJB and PWD for scientific treatment. The Tribunal thus found that there was need to review current mechanism and evolve more effective system to prevent such incidents. Violators needed to be identified and proceeded against in the interest of rule of law, public health and environment. It was further observed that the licensed service providers must transport septage to the Sewage Pumping Stations (SPS) and pre-notified STPs having facilities to treat the septage. This was also expected to be duly recorded with proper manifest system. If septage was found disposed illegally, there must be mechanism to report and take action. Accordingly, the Tribunal constituted a joint Committee headed by Justice S.P. Garg, former Judge, Delhi High Court with nominees of CPCB, DPCC and Chief Engineer, DJB to study the situation and suggest appropriate monitoring mechanism to prevent such incidents.

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In pursuance of above, report of the joint Committee has been filed on 18.12.2022 which refers to 10 meetings held with the representatives of CPCB, DPCC, DJB, Divisional Commissioner (Revenue) and various other departments and consideration of the following challenges:-

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“(a) There was hardly any efficacious regulatory mechanism for monitoring the activities of the vendors and enforcement of compliance of conditions of the licenses issued to them.

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(b) There was no effective check by the District Magistrates or DJB for prevention of dumping of septage into the

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drains/water bodies by authorized or unauthorized vehicles/tankers carrying septage.

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(c) No convincing steps were being taken by any agency for implementation of the provisions of “Delhi Water Board Septic Management Regulations, 2018”.

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(d) Though there was a Septage Management Committee headed by District Magistrate in each district, no stringent steps were being taken by them to monitor the unauthorized dumping of septage.

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(e) Designated Sewage Pumping Stations (SPSs)/Sewage Treatment Plants (STPs) were not being maintained properly. Many of them did not have CCTV cameras. Proper records were not being maintained for receiving the septage.

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(f) There was lack of awareness among the public at large about the vendors engaged by DJB for collection transport and disposal of septage. They were also not aware about the rates/charges to be paid to the vendors.

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(g) Dumping of septage in the drains was rampant and frequent without any check by the agencies. The situation was disturbing and alarming.”

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There were deliberations on above aspects in 10 meetings, apart from considering report of Delhi Police dated 10.11.2022 on the subject and also inputs from other sources. Finally, the Committee has made following suggestions and recommendations:-

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“SUGGESTIONS AND RECOMMENDATIONS

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75. As per provisions of Septage Management Regulations, DJB should give wide publicity periodically after every four months on its website as well as through print and electronic media about the vendors to whom it has issued licenses for collection, transportation and disposal of septage. List of all such vendors should be sent to Revenue Department, (GNCTD) and Delhi Police/Traffic Police for necessary action in case of violation.

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76. Fixed rates/charges for collection and transportation of septage have been prescribed by DJB. It is suggested that there should be rationalization of rates and these be assessed considering the volume of the septic tank waste and the total distance traveled by the tanker from the point of collection till the disposal at designated SPSs/STPs. There should be wide publicity of the rates/charges to be taken by the vendors from the waste generators to prevent overcharging by them.

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77. The vendors/drivers collecting septic tank must issue a receipt to the consumer for the payments received by them. It should be

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prepared in triplicate and one copy of the receipt must be deposited by the vendor/driver along with the Deposit Form at the designated STP. It would prevent misuse and exploitation.

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78. Presently, no specific area for collection of septage tank has been earmarked to the vendors and they can collect septic waste from any place throughout Delhi. To have proper control over the vendors to comply with the conditions of the license, it is recommended that DJB should make an assessment as to how many vehicles/tankers are required for disposal of septic waste depending upon number of households having septic tanks and the quantity of the septic waste generated in that district. Considering the requirement of that district, sufficient number of authorized vendors/tankers be deployed there. In case of emergency, the vendors can be permitted to collect septic waste from outside the said district. The DJB or other enforcement agencies will have proper monitoring of the vehicles in their respective districts. The consumers will be aware of vehicles/vendors to be contacted. The vehicles can provide instant services without delay and it will also reduce the cost of transportation.

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79. District-Wise Task Force be constituted by DJB in consultation with concerned District Magistrate for taking action against the unauthorized dumping of septage and also for monitoring the activities of authorized vendors. A Nodal Officer can be appointed to monitor the performance of task forces.

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80. DJB must make necessary action plan for early development of Centralized Monitoring System/GPS for tracking the performance of licensed vehicles. It shall also explore possibility of developing App based monitoring system for regulating the activities of the authorized vendors/tankers. DJB should establish Centralized Control Room with contact number of Nodal Officer at the head office for attending complaints/grievances related to unauthorized vehicles/tankers carrying septage or found discharging in the open drains/water bodies. CCTV cameras be installed at all the designated SPSs/STPs.

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81. Adequate staff should be deployed at SPSs/STPs to maintain proper record indicating the total number of vehicles/tankers discharging the septage there along with its quantity. They should be strictly instructed to allow disposal of septage only to the licensees who submit complete and duly filled Disposal Form with payment receipt with them.

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82. DJB should ensure that the licensees/vendors display license number on the tankers/vehicles for proper identification.

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83. DJB to explore possibility of linking AADHAR card of the licensee with the license. It should also explore possibility of increasing penalty charges for violation of the conditions of license. It should also endeavour to issue license to small vehicles that can function in narrow lanes.

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84. The District Magistrates in each district should hold regular monthly meetings to implement the provisions of Septage Regulations 2018. They should ensure compliance of the provisions by the concerned departments. They should initiate prompt action against the vehicles violating the provisions of Septage Regulations and discharging septage at nondesignated locations. Divisional Commissioner should take review meetings with the DMs on regular basis for compliance of the septic regulations.

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85. Revenue Department, GNCTD should establish dedicated Centralized Control Room with contact number of the Nodal Officer in each Revenue District for attending complaints/grievances.

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86. MCD should ensure that owners/occupiers of buildings in unauthorized colonies/unsewered areas discharge their septage only through the licensees/vendors of DJB. Proper record should be maintained by MCD about the number of households and septic tanks in such colonies. The consumer should be advised to insist for receipt of the payments made by them to the vendors.

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87. Presently, Delhi Police or Traffic Police has no powers to implement the provisions of “Delhi Water Board Septage Management Regulations, 2018”. Only District Magistrate has been empowered to charge Environmental Compensation. The presence of the officers in the field from DM office is rare and often the offending vehicles/tankers go scott free. It is suggested that the Delhi Police/Delhi Traffic Police who have their presence on the ground/roads may be empowered to take action against unauthorized vehicles discharging septage in the drains or water bodies and also against authorized vendors for violating the terms and conditions of the licenses issued to them. The police will have better surveillance in apprehension of the offending vehicles carrying and discharging septage illegally. Power to issue challans should be given to them.

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88. Almost all the licenses have been issued to the vehicles/tankers registered in Haryana. The said tankers/vehicles with Haryana number cannot ply in Delhi. Diesel vehicles are not registered to ply on roads in Delhi. Only 10 vehicles with Delhi registration have been given license and all others are from Haryana. The traffic police issues challans to book the said vehicles for violating the terms and conditions of registration/permit. It causes a unique situation whereby despite being authorized by DJB to collect and transport the septage in Delhi, they are challaned by traffic police under the Motor Vehicle Act. To overcome this difficulty, it is suggested that the DJB should have its own arrangement either by purchase of vehicles or engaging some agency on hire for collection and transportation of septage from the households free of cost or at reasonable rates. It would prevent violation of Motor Vehicle Act by the vendors who have got licenses of the tankers with registration number from Haryana. It would also prevent exploitation of the consumers by the vendors. It will further ensure that the septage so collected is disposed of at the designated SPSs or STPs. Presently, the

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unauthorized tankers and even the authorized tankers endeavour to discharge septage in the drains/water bodies on the way to avoid long travel to designated SPS/STP to save petrol/diesel.

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89. DJB should conduct awareness programs for all stakeholders through print media, radio and television to make aware about the septage regulations. Online mobile based application may be developed for registering request of the consumers for collection of septage. The application may have the option to register complaints with local police with regard to disposal of septage illegally and unauthorizedly.

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90. The Committee is of the view that more steps/efforts are required for elimination of the problem completely. Concerned departments have been directed to file progress report before filing the report before the Hon’ble High Court in terms of the 10th meeting. Report has been received from the office of Divisional Commission, Delhi on 12.12.2022 annexed as ANNEXURE J and ANNEXURE K . Progress reports from other departments are awaited.”

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We have heard Learned Counsel present and further considered the matter. In absence of any contra submission or suggestion, we find it appropriate to accept the suggestions and recommendations of the Committee based on deliberations and interaction with the statutory authorities and the stakeholders. Accordingly, we accept the report and issue directions in terms of suggestions and recommendations of the Committee, mentioned above. Chief Secretary, Delhi may take follow up action in coordination with all concerned departments/authorities.

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Apart from the above, it may be noted that septage management is critical in localities without sewer system. It is necessary at such locations to ensure desludging of septic tanks and to either load them in sewage pumping stations or take them to the pre-identified sewage treatment plants. Where septic tanks exist, the same need to be connected to sewer lines terminating to STP. This requires identified/authorised service providers to carry septage to destined locations. If there is violation, offending vehicles need be confiscated and released only on stringent conditions, with monetary sanctions.

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In view of above, apart from acting on the recommendations of the Committee, DJB may identify and notify localities not having sewerage within four months so that follow proper septage disposal practices can be enforced there. The localities with sewerage system also need to notify information about septage management.

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Further, we find it necessary to issue clarification/direction under Section 15 (4) read with Section 33 of the NGT Act on the issue of preexisting jurisdiction of the DPCC under the Water and Air Acts to levy compensation for violation of water quality and air quality norms and jurisdiction of Delhi Police in the light of suggestion of the Committee. Delhi Water Board Septage Management Regulation, 2018 have been framed by the DJB under Section 109 of Delhi Water Board Act, 1998 but notwithstanding such specific regulations, overlapping powers to take action against unauthorised dumping of septage at public places must continue to be exercised by Delhi Police and DPCC. This is necessary having regard to inadequacy of compliance mechanism under the Regulations, as found by the Committee and its adverse impact on recipient environment and public health.

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The Chief Secretary, Delhi may file an action taken report within four months with the Registrar General of this Tribunal by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If found necessary, the Registrar General may place the report before the Bench, for further directions.

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Subject to above, the application is disposed of.

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We place on record our gratitude and appreciation for the contribution of the Committee in handling the complex situation.

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A copy of this order be forwarded by email to the Chief Secretary, Delhi and Justice S.P. Garg, former Judge, Delhi High Court.

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Adarsh Kumar Goel, CP

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Sudhir Agarwal, JM

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Prof. A. Senthil Vel, EM December 21, 2022 Original Application No. 365/2021 SN

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Shamsher Singh vs

Case brief

What is this about?

What did the court decide?

Shamsher Singh vs

Case brief

What is this about?

What did the court decide?

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