Disposed

Misc Application in disposed of cases No. 23/2024 in Execution Application No. 1/2023 of News Item Published in the Hindu Authored by Shri Jacob Koshy Titled More River Stretches Are Now Critically Polluted: Cpcb v. Centeral Pollution Control Board

NGT5 Aug 2024Misc Application in disposed of cases No. 23/2024 in Execution Application No. 1/2023

Case brief

AI extract

What is this about?

The Tribunal examined an execution application alleging critical pollution of the River Sutlej. After verifying reports from the State and CPCB showing ongoing sewage discharge and lack of adequate treatment, the Tribunal directed the statutory bodies to take necessary action, including imposing environmental compensation and submitting monitoring reports.

What did the court decide?

The CPCB and PSPCB are directed to take necessary action including imposition of environmental compensation for past violations and to monitor the construction/operation of the STP; a status report to

Misc Application in disposed of cases No. 23/2024 in… — Environment and Pollution | NGT (2024)

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Item No. 17 Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Miscellaneous Application No. 23/2024 IN

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Execution Application No. 01/2023

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News item published in “The Hindu” authored by Shri Jacob Koshy Titled “More river stretches are now critically polluted: CPCB”

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Sunaina

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.......... Applicant

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Date of hearing: 05.08.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Applicant: None for the applicant.

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Respondents: Ms. Surbhi Soni, Advocate for Mr. Divyam Nandrajog, AAG, State of Punjab. Mr. Ankit Midha, Advocate for PWSSB (Through VC).

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ORDER

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This application seeks execution of order dated 22.02.2021 in O.A. No. 593/2017 and O.A. No. 673/2018 directing remedial measures to prevent pollution of Rivers. In this Execution Application the applicant has indicated that in-spite of the above orders huge water pollution is taking place in river Sutlej near Gurudwara Patalpuri Sahib at Kartarpur Sahib which has been reported in Punjabi Jagran dated 25.09.2022. The applicant had approached various authorities but without any fruitful result.

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In view of the above, the Tribunal took up the matter and sought factual verification in order to take remedial action in compliance with Hon’ble Supreme Court in (2017) 05 SSC 326 Paryavaran Suraksha Samiti & Anr. Vs. Union of India & Ors. Accordingly, the Chief Secretary, State of Punjab was directed to file a report. The report dated

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02.06.2023 was submitted by the Chief Secretary, State of Punjab. The report indicated that the construction of STP were in the process and were at tendering stage. In view of the above the Chief Secretary, Government of Punjab was once again directed to file a report indicating the status of STP construction. During subsequent hearing in the said matter it was observed that no effective and satisfactory step was taken in-spite of the assurances given by the State Government before this Tribunal. In view of the continuing pollution and the given factual position, the Member Secretary, CPCB was directed to collect samples and provide an analysis report. Further, the Chief Secretary, Government of Punjab was also directed to file a report.

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The report has been filed by the Chief Executive Officer, Punjab Water Supply and Sewerage Board (PWSSB) on behalf of the Chief Secretary, Government of Punjab. On examination of the report, it is observed that the construction of 02 MLD STP and 05 KLD FSTP has been taken up on turnkey basis which also include operation and maintenance for 60 months by M/s. SAPL-EGEL JV, Gurugram. The completion of the above STP and FSTP will be by 21.11.2024. Till date 20 % progress has been achieved. The report indicates intermediate steps being taken which include Bio-Nano Technology and site remediation work. But no details of these technologies have been provided and the requisite consent from the PCB for adopting such intermediate measures has been provided. The report also indicates that the water sample from the outlet of these intermediate treatment systems has high fecal coliforms. This clearly suggests that there is lack of appropriate treatment of the sewage.

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The CPCB report dated 01.08.2024 also indicates similar approach adopted by PWSSB at Kalyanpur Choe Drain which receives sewage from 40 residential houses and other areas. In-situ bio-nano technology has been adopted and underground pipeline of about 1.8 Km is being laid

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and sand bags are used to divert the sewage into Nakkian Khad Drain. Similarly, Lohund Khud (Drain) receives domestic waste water from Himachal Pradesh and from Punjab areas. It is also reported that civil work for construction of STP of 02 MLD is under process based on MBBR technology. The treated waste water will be discharged into Lohund Khund on completion of the STP by 21.11.2024. The observation made at various points and the analysis report is as follows:-

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“ Table 01: Details of samples collected by CPCB Team

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S. No	Sampling Locations	Field Code	Latitude	Longitud e
Loh	und Khud Drain
1.	Lohund Khud before meeting River Sutlej	D3	31.17397	76.56523
2.	Lohund Khud before confluence of Sri Anandpur Sahib Hydel tail water.	D4	31.17512	76.57292
Riv	er Sutlej
3.	River Sutlej before confluence of Lohund Khud drain (at Village Chandpur Bela)	D6	31.19324	76.52803
4	River Sutlej after confluence of Lohund Khud drain (Near Bunga Sahib)	D7	31.50752	76.56233

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6.0 Analysis Report:

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The results of the analysis of the samples collected by CPCB team and analyzed in CPCB Head Office Laboratory are presented in Table 02.

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“Table 02 : Analytical results of the collected samples .

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S. No.	Parameters	Sampling Locati and Sample Cod Lohund Khud before confluence of Shri Anandpur Sahib Hydel tail water (D4)	ons (River Sutlej) e Lohund Khud before meeting to River Sutlej (D3)	River Sutlej before conflue nce of Lohund Khud drain (D6)	River Sutlej after confluen ce of Lohund Khud drain (D7)	Primary Water Quality Criteria for bathing water, MoEF Notificatio n vide G.S.R. 742 (E) dated 25/09/200 0.
1.	DO, mg/1	ND	ND	8.4	8.8	> 5
2.	pH	8.6	7.5	8.5	8.3	6.5-8.5

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COD, mg/1 5.0 10 4 3
4. BOD, mg/1 BDL 4 1.2 0.7 < 3
5. TSS, mg/1 22 44 20 BDL
6. TDS, mg/1 300 280 186 176
7. Conductivity386 634 276 255
µS/cm
8. Chloride, 23 30 8 10
mg/1
9. Phosphate- BDL 0.78 BDL BDL
P, mg/1
10. NO2-N, 0.06 0.09 0.01 0.01
mg/1
11. NO3-N, 2.01 0.78 0.6 BDL
mg/1
12. NH3-N, 2 10 0.44 0.98
mg/1
13. SO4, mg/1 36 95 49 46
14. Colour, CU ND ND BDL BDL
15. TKN, mg/1 7 14 - -
16. SAR 2 0.8 0.34 0.29
17. Fecal 24x10 4 2x10 6 200 49x10 2 500
Coliform,
MPN/100
ml
18.
Fecal
Streptococci - - 33 310 100
, MPN/100
ml
19.
Total
Coliform, 24x10 4 46x10 6 33x10 2 92x10 3
MPN/100
ml

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Note: BDL- Below Detection Limit, ND- Note Done”

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From the above report it is observed that the CPCB has carried out the water analysis but it has failed to analyze the results of the report and give its recommendations. The CPCB has filed the report mechanically. Such type of reporting has been observed in few other cases as well. CPCB should carry out the analyses of the sample results and submits its recommendations alongwith suggested necessary actions by the concerned authority. In the above, report high content of total

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coliform and fecal coliform has been observed which indicates lack of treatment and non-adherence to the Water (Prevention and Control of Pollution) Act, 1974.

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In view of the above CPCB and PSPCB are once again directed to take necessary action including imposition of environmental compensation for the past violations and to monitor the constriction/operation of the STP. The Status/Monitoring report in the form of affidavit shall be submitted by PSPCB within four months before the Registrar General of this Tribunal by email 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 matter before the Bench for consideration.

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M.A. No. 23/2024 is accordingly disposed of.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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August 05^th , 2024 M.A. No. 23/2024 In EA No. 01/2023 ag

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Misc Application in disposed of cases No. 23/2024 in Execution Application No. 1/2023 of News Item Published in the Hindu Authored by Shri Jacob Koshy Titled More River Stretches Are Now Critically Polluted: Cpcb v. Centeral Pollution Control Board

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 23/2024 in Execution Application No. 1/2023 of News Item Published in the Hindu Authored by Shri Jacob Koshy Titled More River Stretches Are Now Critically Polluted: Cpcb v. Centeral Pollution Control Board

Case brief

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What did the court decide?

What the court decided

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