Disposed

Saleem Mohammed Bagwan v. Chief Secretary

NGT2 Aug 2024Original Application No. 98/2024

Case brief

AI extract

What is this about?

The applicant alleged contaminated drinking water in Ratlam caused by old pipelines and municipal inaction. The Tribunal examined a Joint Committee report which found water met standards and maintenance was underway. The Court accepted these findings and directed regular quality checks, immediate leak repairs, and accelerated implementation of the AMRUT Yojana 2.0 scheme.

What did the court decide?

Directions issued for regular inspection of supply lines, checks on water quality, immediate supply of drinkable water, and accelerated implementation of the AMRUT Yojana 2.0 scheme.

Saleem Mohammed Bagwan vs Chief Secretary — Environment and Pollution | NGT (2024)

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Item No. 03

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

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Original Application No.98/2024(CZ)

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Saleem Mohammad Bagwan Applicant(s) Vs.

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State of Madhya Pradesh & Ors. Respondent(s)

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Date of Hearing: 02.08.2024

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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): Mr. Prabhat Yadav, Adv. For Respondent(s) : Mr. Prashant M. Harne, Adv. Mr. Avnish Saxena, Adv. Mr. Gaurvanvit Jain, Adv.

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ORDER

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Issue raised in this application is violation of Water (Prevention and Control of Pollution) Act, 1974 and supply of contaminated drinking water by the Municipal Corporation, Ratlam causing serious disease and health problem to the residents. It is further contended that the drinking water has been contaminated due to non-action by the Municipal Corporation, Ratlam and broken tap connections and pipelines within the area.

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The matter was taken up by this Tribunal on 25.04.2024 and a joint committee was constituted with direction to submit the factual and action taken report. In compliance thereof, the members of the committee visited the site and submitted the report as follows :

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“The committee made the following observation during site visit on the above mentioned issues: -

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1. The population of Municipal Corporation Ratlam is 264914 as per census data 2011. The Ratlam town is having water supply primarily based on Saroj Sarovar

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OA No. 98/2024(CZ)

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Saleem Mohammad Bagwan Vs. State of Madhya Pradesh & Ors.

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Darn (Dholawad Dam) . There are two water treatment plant located at Morwani village having capacity of 22 MLD 85 25 MLD . Total water supply is about 35 MLD. .Treated water is being distributed in Ratlam Municipal area through 25 nos. Over Head tanks. There are about 39398 Tap connection in the city 8z, there are about 739 tap connection in ward no. 24 (area under question). In ward no. 24 water is being distributed from Sian ti Nagar Over Head Tank.

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2. The existing distribution system of Ratlam is laid under various scheme & total length of network is about 476 Kilometer The materials used in existing distribution network are ACP pipes 8z, HDPE PN6 , The ACP Pipelines are almost 50 years old 8c, requires maintenance . The ACP Pipelines are being replaced by HDPE Pipeline under Arm rut 2.0 scheme.

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3. The issue of slight muddy water has been observed for few minutes from the Tap opening of water supply. Regarding this issue Commissioner, Municipal Corporation Ratlam told that under Amrut 2.0 scheme work order has already given to replace 50 years old ACP Pipeline by HDPE Pipeline in ward no. 24.

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4. As per information given by Municipal Corporation Ratlam old ACP pipeline has been replaced by HDPE pipeline on Kalaigar Shiksha Vibhag Karyalay road ( कलाईगर शिक्षा विभाग कार्ाालर् रोड) and some part of Kunjdo ka Vas ( क ुंजड़ो कावास ) area in ward no. 24.

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5. As per information given by Municipal Corporation Rattan) when they received complaint from ward no. 24 Parshad Mr. Saleem Mohammad Bagwan it was found that dirty water getting mixed in the supply from Goushala Over Head Tank , because of pipeline crossing through drain. Now this has been disconnected and pipeline of this area 0jhakhali ( ओझाखाली) has been connected to Shanti Nagar Over Head Tank.

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OA No. 98/2024(CZ)

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Saleem Mohammad Bagwan Vs. State of Madhya Pradesh & Ors.

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6. It was informed that during water supply Regional Valve man of Municipal Corporation Ratlam regularly check for leakages 86 repair them immediately.

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7. Municipal Corporation Ratlam provided water analysis report of Morwani Treatment Plant (New Clear Water), Shanti Nagar Over Head Tank & Rijavi Sahab Sayar Chabutara dated 29-07-2024.

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8. To assess the water quality, four tap water samples from Ojhakhali ( ओझाखाली) & Kuinjdo ka Vas (( क ुंजड़ो का वास ) area in ward no. 24 Ratlam were collected in presence of applicant & resident of area. The results of water analysis is Annexed.

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9. The Municipal Corporation Ratlam has made Budgetary Provision of Rs. 26.50 Crore in the year 2024-25 for the maintenance and upgradation of water supply system.

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10.For Augmentation arid Strengthening of Water Supply System in Ratlam Town Estimated Project Cost of Rs. 72 Crore under Affirm 2.0 is prepared. The Executive Summary 8z, Salient features of the proposed water supply scheme.

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11.Work order for construction of water treatment plant capacity of 12 MLD, installation of Floating Pontoon, construction of 7 Over Head Tanks, laying 8,7, Commissioning of clear water feeder main and distribution network of length 273.891 Kilometer etc. has been given by Municipal Corporation Ratlam vide their letter no 957 dated 08-12-2023. The work will begin shortly.

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12.The reply submitted by Chief Medical Health Officer Ratlam vide their letter no. 4552 dated 30-07-2024 regarding supply of contaminated drinking water by the Municipal Corporation, Ratlam causing health problem to the resident of ward no. 24.

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OA No. 98/2024(CZ)

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Saleem Mohammad Bagwan Vs. State of Madhya Pradesh & Ors.

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Conclusion

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1. The Analysis report of Tap waters (4 Nos.) collected during inspection confirms as per Indian Standard Drinking, water Specification second revision 1S10500: 2012.

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2. For the remediation of the issue of contaminated drinking water raised in petition, work order for the construction of water treatment plant distribution network (Replacement of old ACP line), construction of Over Head tank, has been given by Municipal Corporation Ratlam and the work will be started shortly. Similarly HDPE pipeline already laid in some pare of ward no. 24 & supply from Gaushala Over Head Tank in Ojhakhali area has been disconnected and connected to Shanti Nagar Over Head Tank.

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3. No specific case of Diarrhea ( उल्टी / दस्त) by contaminated water supply has been reported in ward no. 24 Ratlam so for as per letter submitted by CMHO Ratlam.”

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During the course of hearing Learned Counsel for the applicant has submitted that no action has been taken by the respondents till date. In response to the above contention the Learned Counsel for the State has submitted that distribution system of Ratlam has been laid under the various scheme and total length of net worth is about 476 kilometers. Since the ACP pipelines are almost 50 years old and requires maintenance, thus ACP pipelines are being replaced under Amrut Yojna 2.0 Scheme. It is further submitted that a budgetary provision of Rs. 26.50 Crores has been made for upgradation of water supply system in this financial year.

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In view of the above, we accept the recommendations submitted by the Joint Committee and direct the respondents as follows :

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OA No. 98/2024(CZ)

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Saleem Mohammad Bagwan Vs. State of Madhya Pradesh & Ors.

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i. “Municipal Corporation Ratlam shall regularly check the leakages drinking water supply line and get repaired accordingly.

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ii. Municipal Corporation Ratlam shall regularly check the water quality during water supply.

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iii. The implementation of AMRUT Yojana 2.0 shall have be to done as early as possible.”

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We further direct the State Authorities to make arrangements for availability of drinkable water immediately and it should be continued till new arrangements has been done. The State Pollution Control Board is directed to periodically monitor and to report the authorities concerned, in case of any non-compliance.

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A copy of this order be communicated to the Collector, Ratlam (M.P.) for proper and necessary action.

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With these observations the Original Application No. 98/2024 stands disposed of.

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Sheo Kumar Singh, JM

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Dr. A Senthil Vel, EM

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02^nd August, 2024 O.A No. 98/2024(CZ) PN

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OA No. 98/2024(CZ)

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Saleem Mohammad Bagwan Vs. State of Madhya Pradesh & Ors.

Saleem Mohammed Bagwan v. Chief Secretary

Case brief

What is this about?

What did the court decide?

Saleem Mohammed Bagwan v. Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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