Partly allowed

Pratap Vaare Parshad v. State of Madhya Pradesh

NGT4 Jan 2024IA No. 2/2024 in Original Application No. 146/2023

Case brief

AI extract

What is this about?

The National Green Tribunal allowed an interim application deleting wrongly impleaded respondent Amaltas India Ltd. The bench, examining a committee report on sewage violations in Bhopal, directed project proponents to fix sewage systems within three weeks while SPCB finalizes environmental compensation.

What did the court decide?

Name of Amaltas India Ltd deleted as respondent; respondents directed to submit replies and compliance reports within three weeks; SPCB directed to finalize environmental compensation report.

Pratap Vaare Parshad vs State of Madhya Pradesh — Environment and Pollution | NGT (2024)

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Item No.4

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Original Application No.146/2023(CZ) (I.A.No.02/2024)

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Pratap Vaare Applicant(s)

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Vs.

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State of M.P. & Ors. Respondent(s)

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Date of Hearing: 04.01.2024

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER

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For Applicant(s):

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For Respondent(s) : Mr. Ashwin Rastogi, Adv. Mr. Aditya Pratap Upadhyay,Adv. Ms. Parul Bhadoria, Adv. Mr. Om Shankar Shrivastav, Adv. Mr. Mehul Bhardwaj, Adv

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ORDER

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I.A. No. 02/2024

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Applicant of I.A. No. 02/2024 being Respondent no. 4 in Original Application moved this application with the prayer that M/s Amaltas India Ltd is not the builder/promoter for the project proponent and it can be verified from the data base uploaded on the website of MP Real State Regulatory Authority and Respondent No. 4 has been wrongly impleaded as party Respondent in this case. Learned Counsel Ms. Parul Bhadoria appearing for the MPPCB has submitted that during the inspection the team mentioned the name of the violations by the agencies which is four in number but the name of Amaltas India Ltd does not find place in the list. Accordingly Amaltal India Ltd. is not proper and necessary party and wrongly impleaded as party Respondent. Thus I.A. No. 02/2024 is allowed and name of Amaltas India Ltd. as Respondent no. 4 is deleted.

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The members of the committee visited the site and submit the report, which is as follows :

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Field Observation :

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During inspection, Joint Committee visited the residential areas as mentioned in the petition of ward no 53, Bagmughaliya, Bhopal and observed the sewerage system of these colonies and multi stories residential complexes. The details observed during the inspection are mentioned as under: -

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1. The Prospera Multi Storied Complex:

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The Prospera multi storied building is a residential complex, situated in ward no 53, Bagmughaliya, Bhopal and it is constructed by M/s Amaltas Builders, Bhopal.

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The geographical location of the building is latitude 23⁰ 11’32’’ and longitude 77⁰ 28’19’’.

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The building is of six storied and consisting of 200 flats and approx 180 flats are occupied and families are residing in to it.

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Sewage treatment plant is installed within the premises on

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ground level.

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STP was found in non operating condition. Sewage collection tank of STP was found empty.

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Untreated sewage water was found flowing outside the premises of multi storied complex and found accumulating on the adjacent open plots.

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2. Palmcrest Multi Storied Complex:

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Palmcrest Multi Storey building is located in ward no 53, Bagmughaliya, Bhopal and it is constructed by M/s Belife Builders Pvt. Ltd. The geographical location of the building latitude 23⁰ 11’35’’ and longitude 77⁰ 28’17’’.

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The building consisting of 36 flats and approx 25 flats are occupied. The multistoried building is 04 storied building. The ground floor is vehicle parking.

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Sewage treatment plant is found installed within the premises.

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During inspection the STP was not found operational. The overflow from the STP was flowing outside the building premises.

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The overflow of sewage from the STP was flowing across the front road and accumulating on the road side vacant plot.

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3. Priyadarshini Residential Colony:

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Priyadarshini Colony situated in ward no 53, Bagmughaliya, Bhopal and it is constructed by M/s Asnani Builders, Bhopal. The geographical location of the colony are latitude 23⁰ 11’31’’ and longitude 77⁰ 28’16’’.

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Resident of the colony Shri Umadatt Sharma, House no P-147, Priyadarshini colony phase-II, Bagmugaliya, Bhopal informed that there are approx 180 house are available, which are occupied.

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Map of Priyadarshini colony is enclosed in Annexure- 2.

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The sewer network is provided in the colony but not connected with septic tank. The intermediate chambers are open and sewage overflow is observed.

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One septic tank was found situated at the park in the colony. Size of septic tank is approx 12*18 feet. The septic tank is not operational.

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During inspection it is observed that the sewage from sewer line is discharging on vacant plots of Priyadarshini colony, and was found accumulated on the vacant plots of the colony.

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4. Gulabi Nagar Colony (Pink City as per petition):

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~ Gulabi Nagar Colony situated in ward no 53, Bagmughaliya, Bhopal. The geographical location of the colony are latitude 23011’31’’ and longitude 77028’4’’.

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Gulabi Nagar Colony, Bhopal, is having approx 190 plots, out of on 70 plots houses are constructed and are occupied.

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Map of Gulabi Nagar Colony (pink City as per petition) Bhopal,

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A Septic tank is provided within the premises but was not found in good condition.

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The sewage of the colony is found accumulated on the open plots.

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Action Taken by MPPCB:-

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MPPCB issued a notice under Water (Prevention and Control of Pollution) Act’ 1974 on dated 27/12/2023 & on 28/12/2023 to the Builders of above multi stories and colonies regarding discharge of untreated sewage water outside the premises and on the vacant plots.

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Environment compensation is estimated as per CPCB guidelines on 1) The Prospera multi storey building, 2) Palmcrest multi storey building, 3) Priyadarshini Colony, 4) Gulabi Nagar Colony (mentioned Pink City in petition) from the date of violation observed to the date of notice issued. The Environment compensation calculated is given as under:-

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3. Environment compensation (EC) to be levied on concerned individual/authority as per the order of Hon’ble NGT in case of OA 593/2017 dated 28/08/2019 may be calculated.

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4. Environmental Compensation (EC) to be levied on concerned individual/ authority as per the order of Hon’ble NGT in case of OA 593/2017 dated 28/08/2019 may be calculated as;

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5. EC (Lakhs Rs.) = 17.5 x (Total Sewage Genration – Installed Treatment Capacity) + 55.5 x (Total Sewage Genration –Operational Capacity) + 0.2 (Sewage Genration –Operational Capacity) x N + Marginal cost of Environmental Externality x (Total Sewage Genration – Operational Capacity)x N

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Where N = Number of days from the date of direction of CPCB/SPCB/PCC till the required capacity systems are provided by the concerned authority. Quantity of Sewage in MLD.

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7. As per the Environmental Compensation guidelines point 1.3.1 of f “In any case, minimum Environmental Compensation shall be Rs. 5000 per day”.

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8. Summery

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Name of Colony/Multi	Day	s Violation		Environment
Storey Building	Violation observed	Notice issue date	Days	Compensation
The Prospera multi storeybuilding	Case listed on 17/10/2023	27/12/202 3	71	8.4500 Lakhs
Palmcrest multi storey building	Case listed on 17/10/2023	27/12/2023	71	3.550 Lakhs
Priyadarshini Colony	Case listed on 17/10/2023	27/12/2023	71	7.340 Lakhs
Gulabi Nagar (Pink City asperpetition)	Case listed on 17/10/2023	27/12/2023	71	3.550 Lakhs

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Recommendations:-

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The sewage treatment plant installed in the multi storied residential complex should be operated regularly and maintained properly by the Builder / society.

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The septic tanks and sewer network of the residential colonies namely Priyadarshini colony and Gulabi nagar colony should be repaired and make in operative condition by the builder.

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The septic tank should be regularly cleaned so that condition of overflow should not be arise.

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The treated waste water should be used in plantation after proper disinfection.

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Bleaching powder should be spread on the accumulated sewage on the vacant plots to create hinge in the area .

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A perusal of the report reveals that there are certain violations and STP was found not in operation and untreated sewage water was flowing outside the premises, against which the show cause notices has been issued by the State Pollution Control Board.

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In view of the above, the Project Proponents are directed to take remedial measures and submit the compliance report within three weeks. State Pollution Control Board is directed to finalise the recommendations of the committee with regard to environmental compensation and report about the deposit of the environment compensation amount.

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Learned Counsel appearing for the Respondent no.6 has sought a short time to file the reply. All the respondents are directed to submit their reply within three weeks.

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List it on 21^st February, 2024.

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Sheo Kumar Singh, JM

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Dr. A Senthil Vel, EM

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4^th January, 2024 O.A. No. 146/2023 (CZ) K

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Pratap Vaare Parshad v. State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

Pratap Vaare Parshad v. State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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