Allowed

Nadeem Ahmad Dar vs

NGT6 Sept 2024Original Application No. 41/2024

Case brief

AI extract

What is this about?

The NGT addressed pollution in four Pampore wetlands due to untreated sewage and solid waste. After reviewing reports confirming severe deterioration at Fashkoori Wetland, the court directed respondents to complete all solid and liquid waste management projects and comply with conservation recommendations by 31.12.2024.

What did the court decide?

Respondents directed to complete solid and liquid waste management projects and comply with Joint Committee recommendations by 31.12.2024; compliance report to be submitted by 15.01.2025.

Nadeem Ahmad Dar vs — Environment and Pollution | NGT (2024)

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Item No.09

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No.41/2024

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Nadeem Ahmad Dar Applicant

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Versus

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Union Territory of J & K&Ors. Respondents

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Date of hearing: 06.09.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant(s): None Respondent(s): Mr. Ghansham Singh, Member Secretary, JKPCC (through VC) Mr. Vivek Modi, Special Secretary, J&KFEE Department (through VC)

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ORDER

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On a letter petition dated 07.08.2023 sent by Nadeem Ahmad Dar, Member of Eco Development Committee, Lalpora Pampore this Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘ NGT Act, 2010 ’) was registered exercising suo-moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others, (2022) 13 SCC 40.

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Complainant has said that in wetlands of Pampore Jammu and Kashmir there is huge damage to environment and ecology caused due to poor quality of work relating to handling and management of solid waste. The wetlands of Pampore play a vital role in maintaining bio-diversity, support local livelihoods, serve as agential habitats for numerous plants

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and animals species. They also contribute significantly to overall health of regions’ eco-system and act an natural buffer against environmental challenges such as flooding and pollution. Complainant has further said that concerned authorities have not taken any appropriate action for protection of wetland.

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Cognizance was taken by Tribunal on 06.03.2024. Tribunal primafacie found itself satisfied that a substantial question relating to environment has arisen due to implementation of Scheduled enactments under NGT Act, 2010. However, Tribunal found it appropriate to obtain a factual report before proceeding further and constituted a Joint Committee comprising Jammu and Kashmir Pollution Control Committee (hereinafter referred to as ‘ J & K PCC ’), District Magistrate, Pulwama and J & K State Wetland Authority (hereinafter referred to as ‘ JKSWA ’). Committee was required its report within two months.

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Pursuant to above order, report dated 08.05.2024 has been submitted by Joint Committee stating that in District Pulwama there are four wetland sites i.e., Wetland Fashkuri; Wetland Chatlam; Wetland Manibugh and Wetland Krentchoo. Said wetlands were inspected by Joint Committee and observations in respect of each of said wetlands are

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as under:

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“1. WetlandFashkoori

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Fashkoori wetland site spreads over 305 Kanals and 14 Marlas as per Wildlife record. The site is being maintained by Wild Life Department and constant vigil is being kept by the department, who have kept a proper watch and ward of the site. While inspecting the site, it was observed that the domestic drainage is discharged into Fashkoori wetland which has deteriorated the quality of water and can be harmful for the animals, plants, aquatic life, flora and fauna. Since the site falls under the notified area of Municipal Committee Pampore, door to door collection of garbage/solid waste is being dumped at the earmarked sites but needs further intensification and monitoring. Moreover, the construction of Chain Link Fencing, Retaining walls, protective walls and mesh fencing taken into

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hand has not been completed as yet and the Wild Life Department needs to expedite to complete the fencing in order to prevent the frequent human interferences. Photographs are enclosed for reference please.

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The site can be an attraction for foreign birds migrating from other parts of the world as well as can be an attraction for bird lovers. Wetland is providing a general service rendered by nature towards surroundings and protection of the environment i.e., Waste Filtration, flood and habitat of different species .

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2. Wet Land Chatlam

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Chetlam wetland site spreads over 852 Kanals and 17 Marlas as peer Wildlife record. The site has been taken over and maintained by Wildlife Department since 2014 floods. The constant vigil is being kept by the department, who have kept a proper watch and ward of the site. White inspecting the site it was observed that the Wetland site is properly maintained and 174^th of the wetland stands fenced with barbed wire and chain link. Since the site falls I the rural area of Pampore, Rural Development Department has been the solid waste by door to door collection in most of the Gram Panchayats. The waste quality apparently seems good however sampling can be done to ascertain the quality of water which is being carried out by JKPCC Srinagar Lab. The site can be an attraction for foreign birds migrating from other parts of the world as well as can be an attraction for bird lovers. Wetland is providing a general service rendered by nature towards surroundings and protection of environment i.e., water filtration, flood control and habitat of different species. Techniques are essential to prevent water logging or habitat degradation. Preservation of wetland biodiversity is vital. The concerned department should incorporate measures to protect native flora and fauna, such as preserving buffer zones, creating wildlife corridors etc. photographs are attached for reference please.

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3. Wet Land Manibugh

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Manibugh wetland site spreads over 106 Kanals and 19 Marlas as per Wildlife records and the site has been taken over since 2014 floods by the wildlife department. The constant vigil is being kept by the department, who have kept a proper watch and ward of the site. While inspecting the site it was observed that the wetland is not properly fenced/protected. Besides, it was observed that the water quality is apparently good though some grass has grown all around the wetland site which gives a shabby look to the site. The side can be an attraction for foreign birds migrating from other parts of the world as well as can be an attraction for birds lovers. The concerned

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department should incorporate measures to protect native flora and fauna, such as preserving buffer zones, creating wildlife corridors.

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4. Wet Land Kranchoo

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Kranchoo Wetland site spreads over 128 Kanals and 19 Marlas as per Wildlife records. The site has been taken over since 2014 floods by the wildlife department and is being maintained by the department. A constant vigil is being kept by the department, with proper watch and ward. While inspecting the site it was observed that the wetland not fenced/protected. The concerned department should incorporate measures to protect native flora and fauna, such as preserving buffer zoners, creating wildlife corridors and other necessary measures.”

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Joint Committee has also made certain general observations as under:

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General observation :

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“Wetland sites require careful consideration to minimize environmental impact ensure sustainable land use. The concerned departments must adhere to local, national and international regulations governing wetlands protection and development, conducting the environmental impact assessment helps identify potential impacts and develop mitigation strategies to minimize harm. Understanding the hydrology of the site is crucial for maintaining wetland function. Proper drainage and water management techniques on scientific lines are essential to prevent, water logging or habitat degradation. Preservation of wetland biodiversity is vital. The concerned departments should incorporate measures to protect native flora and fauna, such preserving buffer zones, creating wildlife corridors etc., engaging with local communities and ensuring that development plans align with community needs and values. It also provides an opportunity to raise awareness about wetland conservation. Employing sustainable design practices like green infrastructure and low development. Concerned departments have to strike a balance between economic development and wetland conservation, ensuring the long term sustainability of both human and ecological communities.”

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Report shows that all four wetlands were maintained by Wildlife Department. However, at Wetland Fashkoori, domestic drainage was found discharge deteriorating quality of water rendering it harmful for

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animals, plants, aquatic life, flora and fauna. Wetland site falls under notified area of Municipal Committee, Pampore and there from waste, liquid and solid waste were being discharged/dumped in wetland causing pollution thereof.

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Remaining three wetlands were in rural areas.

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After considering above report on 09.05.2024 Tribunal found it appropriate to implead following as respondents:

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I. Union Territory of Jammu and Kashmir through Chief Secretary, Government of Jammu and Kashmir,

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II. State Wetland Authority

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III. District Magistrate, Pulwama

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IV. EO, Municipal Committee Pampore

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V. Chief warden, Wild Life Department, J & K

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VI. J & K PCC

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Notices were issued to the respondents enabling them to file their responses.

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Pursuant thereto, respondent 6-J&KPCC has filed its report/response dated 13.07.2024 stating that in wetland Fashkoori, no treatment system for domestic sewage was available at Municipal Committee, Pampore; no proper arrangement for management and handling of solid waste was made; and domestic sewage was being discharged in wetland without any treatment deteriorating quality of water.

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With regard to Wetland Chetlam, J&KPCC has said that a few opening domestic drainage was found discharged into the wetland as also domestic solid waste but water quality was comparatively better.

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In respect of wetland Kranchoo, it is said that the same has not been properly maintained and do not have protective measures; solid waste is dumped by local in wetland which is not being cleared.

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Since three wetlands are outside jurisdictional area of Municipal Committee, Papmore they are to be looked into by Forest Department itself.

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With regard to water quality status, it is said that in wetland Chetlam, Kranchoo and Manibugh it is in class ‘B’ ranging from medium to good while in wetland Fashkoori, water is highly polluted. Status report in respect of aforesaid wetlands as submitted by respondent 6, reads as under:-

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“Status Report:

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In compliance to the aforesaid orders of the Hon'ble NGT, the Regional Director, PCC, Kashmir was directed to have the samples of the water including Microbiological parameters of wetlands namely 1) Wetland Fashkoori 2) Wetland Chattam 3) Wetland Manibugh and 4) WettandKrantchoo get collected and analyzed and submit the water quality analysis report. Besides, he was also directed to inspect the sites and furnish a comprehensive reports, highlighting issues involved the conservation of these wetlands and furnish recommendations. The Regional Director, PCC, Kashmir has submitted a report along with water quality analysis report of all these four wetlands vide his office letter No. PCC/RDK/PS/2024/364-365 dated 22-05-2024 (copy of the report enclosed herewith as Annexure 'A')

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The wetland-wise current status, water quality status, issues involved in conservation and recommendations are submitted as under:

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I) Fashkoori Wetland: Fashkooriwetiand spread over area of 305 kanata 14 Marias is being maintained by Wildlife Department land falls the jurisdiction of Municipal Committee, Pampore, District Pulwama. The domestic sewage of the s discharged into this wetland without any treatment and have deteriorated quality of water and as such can be harmful for the animals, plants, aquatic life, flora and fauna. The colour of the water of the wetland is light blackish and

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II) No treatment system like CSTP for domestic sewage have been provided by the concerned department i.e MC, Pampore.

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III) At some points, traps have been installed by the J&K Wildlife Department for retention of the polythene/pet bottles/solid waste, but this trapped waste is not removed regularly resulting thereby accumulation of the waste.

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IV) No segregation bins for solid waste collection have been put in place in and around the wetland area.

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V) Protective measures to prevent human interference are required.

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2) Chatlam Wetland: Spread over an area of 852 kanals 17 marlas has been taken up by the J&K Wildlife Department after 2014 devastating floods and since then being maintained by the same department. The wildlife department have also kept watch and ward at the site.

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a) A few openings of domestic drainage is discharged into the wetland as also the domestic solid waste. The water quality is comparatively better.

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b) The area falls outside the limit of MC Pampore and therefore, responsibility of solid waste and liquid waste management lies un the J&K Govt., Rural Development Department.

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3) Manibugh Wetland: Spread an over area of 106 kanals 19 marlas has also been taken over by the J&K Wildlife Department after devastating 2014 floods and since the same is being maintained by the Wildlife Department.

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a) No Solid Waste was found in and around the Wetland.

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b) The quality of the water of this wetland is comparatively better than the quality of water of Fashkoori Wetland.

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The area falls outside the jurisdictions of Municipal Committee, Pampore and therefore, responsibility of Solid Waste and Liquid Waste Management lies on the Rural Development Department.

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4. Krentchoo Wetland: Spread over an area 128 kanals and 19 marlas has also been taken over by the J&K Wildlife Department after 2014, devastating floods and since then this wetland is also maintained by the and Wildlife Department. The Wildlife Department has also kept proper watch ward of the site.

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a) The Wetland is not being property maintained and do not have protective measures in place to prevent human livestock interference.

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b) Solid Waste is dumped by the locals in the wetland and garbage is not lifted from the site on regular basis thereby, harming the wetland and its water quality by teaching. The water of this wetland is harmful for consumption for human, animals and birds.

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c) The area falls outside the limit of Municipal Committee, Pampore and therefore, responsibility for Solid and Liquid Waste Management lies on the J&K Govt., Rural Development Department.”

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With regard to water quality, status report reads as under:

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“Water Quality Status of Wetlands:

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The Water Quality Testing Laboratory of J&K Pollution Control Committee, Kashmir at Srinagar collected water samples from all these wetlands on 16-05-2024 from different spots and samples collected from these wetlands were analysed for various Physico-chemical parameters at Water Quality Testing Laboratory of J&K Pollution Control Committee, Srinagar. However, the microbiological analysis in terms of Faecal Coliform and Total Coliform got conducted by the Lake Conservation and Management Authority Srinagar. In order to ascertain the overall water quality of the wetlands, water quality index of each wetland was determined by calculating the basic parameters like pH.BoD (mg/l), DO (mg/l to 0%) and Faecal Coliform (Cfu/100ml)

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The water quality index has been calculated using the formula prescribed by National Sanitation Foundation (NSF) and the relative weights modified by the CPCB. The water quality index of these wetland is as under:-

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1) Chatlam Wetland: The average water quality index of this wetland is 51.25 le. Class 8 ranging from Medium to good. 2) Krentchoo Wetland: The average water quality index of this wetland is 52.01.6. Class Branging from Medium to good. 3) Manibugh Wetland: The average water quality index of this wetland is 55.5 1.0. Class Branging from Medium to good. 13

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4) Fashkoori Wetland: The average water quality index of this wetland is 25.5 i.e. heavily polluted, (copy to the report of RD Kashmir alongwith quarter quality analysis report are enclosed herewith as, A1, A2, A3 and A4 respectively).”

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J&KPCC has further said that it directed Executive Committee, Pampore to take steps for handling, processing, treatment and disposal

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of solid waste in accordance with Solid Waste Management Rules, 2016, (hereinafter referred to as ‘ SWM Rules, 2016’ ); Plastic Waste Management Rules, 2016; and Jammu and Kashmir Non-biodegradable Material (Management, Handling and Disposal) Act, 2007. Directions have also been given to provide details of persons who are responsible in violation of compliance of SWM Rules, 2016 and also submit status report with regard to treatment arrangement required to be made for solid and liquid waste. Directions were also issued to Assistant Development Commissioner for ensuring compliance of SWM Rules, 2016 and also submit status report with regard to treatment of solid and liquid waste. Directions were also issued to Assistant Development Commissioner for ensuring compliance of SWM Rules, 2016 and take steps for treatment of solid and liquid waste. Details of action taken by J&KPCC as mentioned in said report, read as under:

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“Action Taken by the J&K PCC:

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1. After receipt of the report of the Regional Director, PCC Kashmir as also water quality analysis report of these four wetlands, the Executive Officer, Municipal Committee, Pampore was directed to:

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i. ensure that Solid Waste is collected processed, treated and disposed of in accordance with the Solid Waste Management Rules, 2016, Plastic Waste Management Rules, 2016 and Jammu & Kashmir Non- Biodegradable Material (Management, Handling and Disposal) Act, 2007.

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ii. Enforce performance of duties by the waste generators as prescribed under Rule & of the Solid Waste Management Rules, 2016.

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iii. Submit a list of officials of Pampore Municipal Committee responsible for continuous violations of the Solid Waste Management Rules, 2016 for their prosecution under the Environmental (Protection) Act, 1986.

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iv. Submit present status of Solid Waste and Plastic Waste observed near Fashkoori Wetland and Action Plan along with the timelines for its removal.

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v. Submit present status of discharge of untreated domestic sewage observed into Fashkoori Wetland and Action Plan along with timelines for its diversion to a sewage treatment plant vide this office No. JKPCC/NGT/41-202/114-124 dated 10-06-2024 enclosed Annexure "B".

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2. Similarly, Assistant Development. Commissioner, Pulwama has also been directed to

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i. ensure that Solid Waste is collected processed, treated and disposed off in accordance with the Solid Waste Management Rules, 2016, Plastic Waste Management Rules, 2016 and Jammu & Kashmir Non- Biodegradable Material (Management, Handling and Disposal) Act, 2007.

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ii. Enforce performance of duties by the waste generators as prescribed under Rule 4 of the Solid Waste Management Rules, 2016.

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iii. Submit a list of officials of Rural Development Department of Block Pampore responsible for continuous violations of the Solid Waste Management Rules, 2016 for their prosecution under the Environmental (Protection) Act, 1966. iv) Submit present status of Solid Waste and Plastic Waste observed near Chatlam and Krentchoo Wetland and Action Plan along with the timelines for its removal

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iv. Submit present status of discharge of untreated domestic sewage observed into Chatlam and Krentchoo Wetland and Action Plan along with timelines for its diversion to a sewage treatment plant vide this office No. JKPCC/NGT/125-135 dated 10-06-2024 (copy enclosed as Annexure 'C').”

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J&KPCC has also made certain recommendations which reads as under:

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“Recommendations

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1. Protective measures around these wetlands are required to prevent encroachment, illegal dumping of Solid Waste and unwarranted human/livestock interference.

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2. For treatment of Liquid Waste generated from the area near Fashkoon Wetland, there is immediate need to install Sewerage Treatment Plant (STP) of desired capacity by the Municipal Committee, Pampore.

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3. Demarcation of the wetlands using the latest technologies. 4. Municipal Committee, Pampore and Rural Development Department must ensured proper Segregation, Collection, transportation, disposal and treatment of Municipal Solid Waste must be in accordance with provisions of Solid Waste Management Rules, 2016 in their respective jurisdictions.

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5. Dumping of Solid Waste or discharge of untreated waste and effluent of industrial waste should strictly be prohibited in wetlands or its zone of influence.

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6. Awareness programmes about the importance of wetlands and their roles in maintaining the ecological balance.”

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On behalf of Government of Jammu and Kashmir i.e., respondent 1 response/reply dated 04.09.2024 has been filed stating that in view of Joint Committee report dated 08.05.2024 and Tribunal’s order dated 09.05.2024, status of wetlands and requisite steps required for their protection were reviewed by concerned departments holding meeting on 14.05.2024 and 21.08.2024 under Chairmanship of Financial Commissioner (Additional Chief Secretary), Forest Ecology and Environment Department. In the aforesaid meetings, Commissioner Secretary to Government Housing and Urban Development Department informed as under:

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I. Door to door collection is strictly being followed by Municipal Committee, Pampore,

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II. The solid waste management plant at Pampore, which is currently under execution is expected to be completed by March 2025,

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III. Legacy waste of about 40 MT lying on the bank/shore of Fashkoori wetland has been lifted and processed and land reclaimed thereof is proposed to be beautified by way of development of a park.

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IV. Sewage Treatment Plant (STP) has been proposed for Pampore town having capacity of 2.2 MLD, for which DPR has been prepared.

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Information forwarded by Administrative Secretary Department of Rural Development and Panchayati Raj in the aforesaid meetings was as under:

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I. Department is already conducting door to door collection of the solid waste in all the rural areas of Pampore twice a week and IEC activities are also being conducted for awareness among the locals.

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II. Department is preparing DPRs for the installation of 4 waste treatment plants in the rural areas around these 3 wetlands. On this, the Administrative Secretary was requested to intensify the IEC activities and cleanliness drives around these rural wetlands from the locals and school children.

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With regard to four wetlands it is said that only one wetland i.e. Frashkoori falls within jurisdiction of Municipal Committee, Pampore and rest three are in rural area, outside the jurisdiction of Municipal Committee. A brief description and profile of wetlands has been given in the said response, as under:

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“Freshkoori Wetland:

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Freshkoori wetland is situated very close to the Pampore town of District Pulwama. It is spread over an area of 305 kanals and 14 Marlas and lies between 34°1.022 N74° 55.274'E and 34° 0.592'N74° 55.319'E°. This wetland is being maintained by the J&K Govt. Wildlife Protection Department and falls in the jurisdiction of Municipal Committee, Pampore, District Pulwama. This Wetland receives a large congregation of waterfowl during winters. The most dominant waterfowl families in Freshkoori Wetland are antedate followed by Ardeidae and Ralidae.

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Chatlam Wetland: Special Secretary (Tech) Forest, E&E Department J&K 6 7 Chatlam Wetland is situated on the eastern bank of River Jhelum and is located nearly about 11 kms from Srinagar city The wetland is situated in Panchayat Konibal, Block Pampore of District Pulwama. The area of the Wetland is 852 kanals and 12 marlas and lies between 34.02° N and 74.93° E with an average elevation of 1,574 meters. The wetland is more or less Oval shaped and popularly known as BODSAR. It is largely spring fed and enjoys a sub-mediterranean climate. Its catchment area comprises of 12 villages having a population of about 33000 using it for fishing, irrigation and domestic purposes. This wetland has been taken up by the J&K Govt.

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Wildlife Protection Department after 2014 devastating floods and since then being maintained by the same department. The wildlife protection department have also kept watch and ward at the site

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Munibugh Wetland:

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Munibugh Wetland situated near Pampore town of District Pulwama lies between 34° 0.111'N 74° 55.812'E &33° 59.897 N 74°55.595 E at an altitude of 1588 mtrs. The wetland falls in the Panchayat Kranchoo, Block Pampore, District Pulwama has an area of 106 Kanals and 19 marias. The wetland has been taken over by the J&K Wildlife Protection Department after devastating 2014 floods

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and since then the same is being maintained by the Wildlife Protection Department. This wetland is of great ecological and socioeconomic importance as it harbours a diverse collection of waterfowl and is providing a good habitat for birds with abundant food, safe place for roasting, nesting and breeding. A total of 85 species of birds belonging to 25 families including. 15 species of migratory waterfowl have so far been recorded in the Manibugh.

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a) No Solid Waste was found in and around the Wetland.

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b) The quality of the water of this wetland is comparatively better than the quality of water of Freshkoori Wetland.

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Kranchoo Wetland Wetland lies about 17 kms east of Srinagar on Srinagar-Jammu National Highway in District Pulwama. The area of the wetland is 128 kanals and 19 marlas. It is fed by its immediate watershed (Karevas), but largely, it is spring fed and falls under the panchayat Kranchoo, Block Pampore of District Pulwama. It has been named after Kranchoo village situated near it. The wetlandhaving 96% waterlogged area and is free from any encroachment. The Kranchoo Wetland is an important wetland for bath resident and migratory waterfowl. Apart from the local residents birds, the wetland provides ample and conducive habitat for breeding of Mallards. This wetland has also been taken over by the J&K Wildlife Protection Department after 2014, devastating floods and since then this wetland is also maintained by the Wildlife Protection Department. The Wildlife Protection Department has also kept proper watch and ward of the site.”

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An action taken report was submitted by Deputy Commissioner

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Pulwama vide letter dated 27.08.2024 giving following details:

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a) The measures aimed at solid waste management from door to door collection, segregation at source, clearance of legacy waste and liquid waste management by way of grey water management and IEC activities for engaging the local communities have been intensified.

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b) Legacy waste of more than 40 MT lying on the bank of Freshkoori wetland have been lifted and processed at Tral under the ongoing biomining contract.

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c) Municipal Committee, Pampore has distributed 2000 dustbins in the Pampore town in the households residing in and around Freshkoori wetland. 100% D2D collection and 70% segregation at the source have been achieved in all the wards of Pampore towns including the Freshkoori wetland.

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d) 5 heavy drains pose a great challenge to the Municipal Committee, Pampore and other departments as well due to the flow of garbage and mud in these drains which uitimately approaches to

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this wetland and is causing adverse impact in the environment for which following action plan has been devised.

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i. Installation of Trash guard for restricting the flow of solid waste into the wetland and its removal thereafter for its treatment and disposal. H.

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ii. Installation of Sewerage Treatment Plant to check the hazard effect of Sewerage.

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iii. Establishment of decentralized SWM project on scientific lines has been approved at the cost of Rs. 321.55 lacs at Galander, Pampore with waste management centers of the 12 TPD capacity (3 plants of 4 TPD each) which is expected to be completed and functional by March 2025. For wetland Chhatlam, the liquid waste is being managed at household level by construction of individual and Community soakage pits.

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iv. As an alternative solution, the department proposes construction of sedimentation tanks at main points, which will help in filtration of grey water and would prevent Chhatlam wetland from accumulation of sediment/other waste.”

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Action taken report was also submitted by Wildlife Protection

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Department and details of work undertaken under CAMPA in last five

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years in Pampore wetlands are given asunder:-

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“ (I) Detail of works undertaken under CAMPA from the last five (5) years (2019-2024) in Pampore wetlands:-

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Y e a r	Na me of the wetland	Name of the work	Physical	Financial (in Rs.)
19- 20	Chattalu m	Boat ways/ Nalla kashi by way of clearance of surface area	500 Cum	1,00,000
	WLCR	De-weeding	500 Cum	1,00 000
		Removal of floatingGarden	500 Cum	1,00,000
		Supplementary feed for Birds during lean/freezing period.	55 Qtls.	1,00,000
		Chain-link fencing	0.5 Km	25,57,574
	Krancho o WLCR	De-weeding	250 Cum	50,000
		Boat ways/ Nalla kashi by way of clearance of surface area	500 Cum	1,00.000
	Freshkoo	De-weeding	500 Cum	1 00,000
	ri	Removal of floatingGarden	250 Cum	50,000
	WLCR	Collection of Solid Waste Management	96 days	30,000
		Supplementary feed for Birds during lean/freezing period.	6 Qtls.	10,000
	Munibug h WLCR	De-weeding	250 Cum	50000
20- 21	Chattalu m WLCR	Management of Solid and other wastes	322 Dyas	1,00,000

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	Krancho o WLCR	Management of Solid and other wastes	161 Days 161 Days	50,000
	Freshkoo ri	Management of Solid and other wastes		50.000
	WLCR
21- 22	Chattalu m WLCR	Creation of boat ways by way of clearance of vegetation/ cuttingand removal ofpeat lands	750 Curn	1,50,000
		Clearance and removalof floating vegetation	750 Cum	1,50,000
		Collection and removal of Solid Waste	321 days	99990
		Procurement of Wooden / fiber glass boats	Sankari of old wooden boats	, 2,50,000
	Freshkoo ri WLCR	Creation of boat ways by way of clearance of vegetation/ cutting and removal of peat lands	998.60Cu ms	1,99,721
		Clearance and removaloffloating vegetation	1498.21 Cum	2,99,642
		Making of clear water pools formigratory birds bywayofclearance of vegetation and de-silting.	1248.24 Cum	2,49,649
	Fresh koori WLCR	Creation of boat ways by way of clearance of vegetation! cutting and removal ofpeat lands Clearance and removaloffloating vegetation	998.60 Cum 1498.21 Cum	1,99,721 2,99,642
		Making of clear water pools formigratory birds bywayof clearance of vegetation and de-silting.	1248.24 Cum	2,49,649
22-	Chattalu	Collection of Solid Waste	20 Drives	1,00,000
23	m WLCR	Creation of boat ways by way of clearance of vegetation/ cutting and removal ofpeat lands	770 Cum	1,54,000
		Clearance and removaloffloating vegetation	740 Cum	1,48,000
		Making of clear water pools formigratory birds bywayof clearance of vegetation and de-silting. Survey investigation and other biodiversity studies	420 Cum exogenic survey for ICSA	84,000 50,000
		Models & Digitalsignages/Hoardings	Hoardings	50,000
	Munibug	Collection of Solid Waste	15 Drives	74,000
	h WLCR	Making of clear water pools formigratory birds bywayof clearance of vegetation and de-silting	1140Cum	77,000
		Survey investigation and other biodiversitystudies	exogenic survey	50,000
		Models & Digital signages	Hoardings	50,000
		Collection of Solid Waste	10 Drives	50,000
		Survey investigation and other biodiversitystudies	exogenic survey	25,000
		Models & Digitalsignages/Hoardings	Hoardings	50,000
	Fresh	FencingChain Link	0.46Km	1804000
	koori	Collection of Solid Waste	10 Drives	,, 49,000
	WLCR	Creation of boat ways by way of clearance of vegetation/ cutting and removal of peat lands	420 Cum	84,000
		Making of clear water pools fit bid bf l	415	83,000
		ormgraory rs ywayo cearance of vegetation and de-silting.

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		Survey investigation and other biodiversity studies	exogenic survey	70,000
		Models & Digital signages	Hoardings	49,000
23- 24	Chattalu m	Barbed wire fencing using angle iron posts in CC block		2,49,000
	WLCR	Clearance and removaloffloating vegetation	855 Cums	1,71000
		Collection and removal of Solid Waste	35 Drives	1,75000
. '		Control of diffusedPollutionthroughWet landTechnology (Artificial Wetlands)	01 No	2,90,000
		B.O. Office / Residence	Constructio nof BO office at Chattalum WLR	4,74,000
	Krancho o WLCR	Clearance and removaloffloating vegetation	2705 Cum	5,41000
		Collection and removal of Solid Waste	20 C. Drives	1,00,000
	Freshkoo ri WLCR	Clearance and removaloffloating vegetation	710 Cums	1,42,000
		Control of diffusedPollutionthroughWet landTechnology (Artificial Wetlands)	01 No.	2,39,000
	Munibug h	Installation of Aquatic Boundary Pi I lers	10 Pillars	1,96,000
	WLCR	Rasing of newembankment/bund at Munibugh	1333 Cums	4,00,000
		Collection and removal of Solid Waste	20 C. Drives	1,00,000
		Total		118735 88

¶146

(II) Detail of works to be undertaken under CAMPA during current Financial Year 2024-25 in Pampore wetlands: -

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S. No	Name of the Wetland	Description of the work	Physical	Financial
		Chain-link fencing	1071.4286	15.00

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¶149

	WLR	setting up of permanent and temporary antipoaching camps and providing them with necessary equipments, gears, transportation, providing of incentives to informers, engagement of daily waged labours to augment permanentstaff in order to tackle the dearth of staff, POL, ration, heating and cooking facilities	L.S	0.50
		Clearance and removal of floating vegetation /Pools	4000 Aq. Mtrs	2. 00
		Hiring of Machinery and labours for the collection and removal of solid waste in and around thewetland	643 Man Days L S	2. 00
		Construction of Bird Watching Nature Trail along with surfacing and beautification within wetland	L S	4.00
		Completion of B.O. Office, construction of boundary wail and maintenance of the approach path, lawn, installation of the gateand other allied items	L S	8.00
2.	Kranchoo WLCR	Clearance and removal of floating vegetation	5000 Sq. Mtrs	10.00
3.	Freshkoori WLCR	Clearance and removal of floating vegetation	1250 Sq. Mtrs	2.50
4.	Munibugh WLCR	Clearance and removal of floating vegetation Total	2000 Sq. Mtrs	4.00 48.00

¶150

”

¶151

It is said that four wetlands of Pampore falls under the jurisdiction of Wildlife Warden, Central Division, J&K Wildlife Protection Department. It has formulated an Integrated Management Action Plan for eight Wetlands Conservation Reserve under its jurisdiction which include the above four wetlands in Pampore area. Cleanliness drive was intensified by the Wildlife Warden Division, Kashmir from 23.07.2024 at Freshkoori and Chatlam wetlands. As a result, 145 quintals of solid waste was lifted from these wetlands. Departmental boats are being used for collection of solid waste in the form of bottles/polythene bags and other light waste

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material along with chain link fencing and barbed wire. Municipal Committee, Pulwama in its report dated 04.07.2024 submitted in the meeting revealed an action plan for establishment of Decentralized Solid Waste Management Centers for all 40 urban local bodies in Kashmir which includes Municipal Committee, Pampore. A Decentralized Solid Waste Management Project on modern scientific grounds has been approved at the cost of rupees Rs. 321.55 lakhs at Galandar, Pampore. Waste Management Centers of 12 TPD capacity (03 plants of 04 TPD each). Is in progress and construction work is expected to be completed and functional by March, 2025. Tenders for installation of proper signages with anti-littering and other such messages are being uploaded by Municipal Committee, Pamporeas per approved Action Plan on GEM portal and very soon around water bodies, bins will be installed.Legacy waste of more than 40 MT lying on bank/ shore of Freshkuri wetland was lifted and processed at Tral under the ongoing bio mining contract. Land reclaimed is proposed to be beautified by way of development of View Park. To prevent open littering of waste and segregation at source by household, Municipal Committee Pampore has distributed 2000 dustbins to households residing in and around Freshkuri Wetland. 100% door to door collection and more than 70% segregation at source has been achieved in all wards of town including Freshkuri Wetland. Water body is cleaned once a week by hiring boats and local experts for removing and extracting weeds, etc.

¶154

Sewage Treatment Plant (hereinafter referred to as ‘ STP’ ) has been proposed at Pampore town with capacity of 2.2 MLD and 6.6 kilometers pipelines having dimensions of 200 meters to 450 meters with three pump stations out of which one pump station will be installed in and around Freshkuri Wetland. STP has been sanctioned by UEEE. Besides, another FSTP of capacity 10 KLD has also been proposed by UEEB,

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Kashmir for Pampore town which is in process. Assistant Commissioner, Pulwama informed authorities in the above meeting with the following facts:

¶157

“Block Pampore, comprises of 17 Panchayat and 27 villages. That approximately 4890 kgs of Solid Waste is generated in the District and all the Bio-degradable waste is disposed through Community compost pits. 1900 individual compost pits are proposed under the SBM G II during the current Financial Year to tackle the excess waste. Non-biodegradable waste is transported to the Plastic Waste Management unit established for the said purpose. All the legacy waste dumped on the banks of Chhatlam and Kranchoo Wetlands has been removed through mass sanitation drives. Gram Sabhas have been conducted throughout the area to educate the residents of the area not to litter near the bank of water bodies. The Block Development Officers have been given the Magisterial powers to impose penalties on violators, which are being exercised in these areas to create deterrence against the violators”

¶158

With regard to water quality analysis and recommendations of J&K PCC, stand taken by J&KPCC in its report has been reiterated. On the basis of steps with regard to solid waste management and liquid waste management, it has summarized, as under.

¶159

“ Solid Waste Management:

¶160

i. In Pampore, Decentralized SWIVI Project on modern scientific lines has been approved at the estimated cost of Rs, 321.55 lacs at Glander, having a capacity of 12 TPD (3 plants of TPD each) which is expected to be functional by March 2025.

¶161

ii. The Legacy Waste of more than 40 MT lying on the bank of Freshkoori wetland has been lifted and processed at Tral under the ongoing bio-mining contract and land reclaimed is proposed to bebeautified by way of development of view park. Besides, during the recent cleanliness drive at Freshkoori and Chhatlam wetlands Reseves,145 Quintals of solid waste was lifted and collected through departmental boats for further disposal.

¶162

iii. 100% D2D collection in all the Panchayats of District Pulwama of the waste is done and 70% of the segregation of waste at source in all the wards of the

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Pampore town including Freshkoori wetlands has been achieved.

¶165

iv. 2000 dustbins distributed in Pampore town to the households residing in and around Freshkoori wetland.

¶166

v. 17 segregation sheds and 30 compost pits have been constructed by the Department of Rural Development and Panchayati Raj for solid waste management in all the 17 Panchayats of Block Pampore.

¶167

liquid Waste Management:

¶168

i) Sewage Treatment Plant having capacity of 2.2 MLD with 6.6 Km pipeline having dimension of 200 meters to 450 meters with 3 pump stations will be installed in and around the Freshkoori wetland.

¶169

ii) Another FSTP of capacity 10 KLD has also been proposed by the UEED Kashmir for Pampore Town which is in process.

¶170

iii) 1300 individual soakage pits, 26 community soakage pits have been constructed in all the Panchayats of Block Pampore to manage grey water at the household level.

¶171

iv) Besides, this as an alternative solution, the Department of Rural Development and Panchayati Raj has also proposed a construction of sedimentation tanks at main points which will help in filtration of grey water and also prevent accumulation of sediment / other waste in the Chhatlam wetland.”

¶172

With regard to plastic waste, biodegradable and non-biodegradable waste management, steps required to be taken are as under:

¶173

“The Biodegradable waste is transported to the community compost pits and Plastic Waste stored at segregation shed and is being cleared on fortnightly basis and thereafter transported to nearby plastic waste management unit at Kakapora. Further, 1900 individual compost pits are proposed under the SBM G-II during the current Financial Year.”

¶174

From the above stand, it is evident that problem is severe at Wetland Freshkuri water quality is extremely bad, in the category of ‘highly polluting’; liquid and solid waste both are dumped and discharged therein causing pollution; Solid Waste Management Project as also construction of STP has been planned but reports say that its completion will take time and the same would be completed by March, 2025. In our

¶175

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view, considering the nature of projects, their size and importance attached to wetland timeline is very unreasonable. In our view, entire work must be completed by 31.12.2024.

¶177

Further, recommendations made in Joint Committee report needs be complied with strictly and in words and spirit and that will result in better management of above wetlands.

¶178

In view thereof, we dispose of this Original Application directing respondents to complete undergoing projects with regard to Solid Waste Management and Liquid Waste Management and also comply with recommendation made by the Joint Committee in its report dated 08.05.2024 in its entirety by 31.12.2024.

¶179

Compliance report shall be submitted by 15.01.2025 with Registrar General of this Tribunal, who if finds any further order is required, shall place the matter before the Bench concerned.

¶180

With above directions/observations, this Original Application is disposed of.

¶181

A copy of this order shall be forwarded to Municipal Committee, Pampore; Wildlife Warden Division; Kashmir, Wildlife Warden, Central Division; J&K Wildlife Protection Department; and J&KPCC; and Chief Secretary, and J&K UT, Srinagar.

¶182

Sudhir Agarwal, JM

¶183

Dr. Afroz Ahmad, EM

¶184

September06, 2024 Original Application No.41/2024 M

¶185

Nadeem Ahmad Dar vs

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Nadeem Ahmad Dar vs

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