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Judgment
The issue for consideration is the steps to be taken for controlling untreated industrial effluents discharged in Kharicut Canal which is a tributary of Khari River in District Kheda, Gujarat. According to the applicants, the said river is source of irrigation and drinking of water by animals. Illegal bore-wells have been dug, affecting the water level. Sewage from STPs set up by Ahmedabad Municipal Corporation (AMC) was overflowing into the river, apart from untreated industrial effluents.
The matter has been considered earlier on several occasions. The Central Pollution Control Board (CPCB) and the State of Gujarat furnished reports dated 31.12.2019 and 15.01.2020 from which it was noticed that untreated effluents were being discharged into the canal from 169 outlets and action taken was inadequate. There was failure of the AMC to upgrade the existing Sewage Treatment Plant (STP) and to provide new STP to treat the sewage. In view of such unsatisfactory state of affairs, the Tribunal requested Justice B.C. Patel, former Chief Justice of Delhi High Court, to oversee the remedial steps.
The matter was further considered on 01.09.2020 in the light of report of Justice B.C. Patel filed on 19.08.2020 finding that the unsatisfactory state of affairs continued and there was serious negligence of the civic authorities. Untreated sewage was being discharged into the canal which was meeting river Sabarmati. STP did not have the adequate capacity. The waste water was being bypassed without treatment and discharged into the canal. The PCB in its report mentioned that it had taken action against the AMC for its failure. Accordingly, the Tribunal issued further directions for remedial action, to be overseen by the Secretary, Urban Development Department, Government of Gujarat.
Finally, the matter was considered on 20.11.2020 in the light of report of the joint Committee comprising State PCB and the Urban Development Department, Gujarat dated 02.11.2020. On consideration of the report and after hearing the Commissioner, AMC and the Member Secretary, State PCB, who were present in person by Video Conferencing, the Tribunal directed further action and filing progress report as on 31.03.2021. The operative part of the order is reproduced below:
"1 to 4. xxx ................................. xxx ............................. xxx
We have heard Commissioner, Ahmedabad Municipal Corporation and the Member Secretary, State PCB who are present by video conference. They have highlighted the steps already taken mentioned above and explained that further work is in progress. Substantial work is to be completed by 31.03.2021 and the remaining by June, 2021.
In view of above, we direct that the progress report as on 31.03.2021 may be furnished by the GPCB and the Secretary, Urban Development, Gujarat before the next date by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF."
In pursuance of above, the State PCB has filed its compliance report on 04.06.2021 giving the action taken report as on 31.03.2021 based on the reports of the AMC and the Irrigation Department concluding as follows:
"xxx ...............................xxx .................................. xxx
To prevent domestic waste water disposal into canal:
(i) There are total 169 outlets provided into Kharicut canal. Out of these, 152 outlets already sealed/no discharge. Another 09 outlet stopped as per action plan. So, currently 08 nos. of outlet is having domestic discharge into Kharicut canal. Out of these work of sealing is in process for 05 outlets and 03 outlets are having treated waste water discharge.
(ii) There are total 128 outlets provided for the disposal of storm water during monsoon. Out of these, 122 are discharging only storm water in monsoon. 4 outlets are stopped discharging as per the action plan work. For remaining 2 outlets, work is in progress for diversion of the drainage as per the action plan and then there will be discharged only storm water during monsoon only.
(iii) 05 outlets of drainage are stopped discharging as per the action plan work. Remaining 03 outlets of drainage discharge will be stopped after completion of the work as per the action plan.
Thus, out of 169 total outlets; 161 outlets are already sealed/no discharge/stopped as per action plan, 03 outlets are having treated wastewater discharge and for remaining 05 outlets work under progress. (i.e. for 02 outlets work is in progress for diversion of the drainage and for 03 outlets drainage discharge will be stopped after completion of the work as per the action plan) Work which was planned to be completed in May are likely to be completed by June - 2021 due to Covid - 19 pandemic.
To prevent direct dump of solid waste into canal :
AMC has completed the installation of Grill fencing and Signboards on the canal crossings and the other places to prevent direct dump of Solid waste into canal.
Removal of overgrown bushes in Kharicut canal :
(i) In order to maintain maximum carrying capacity of Kharicut Canal as well as to prevent damage to the lining of the canal, cleaning, desilting and jungle cutting are carried out in the canal from time to time by Irrigation Department.
(ii) During the year 2020, estimates of jungle cutting and clearing operations in Kharicut Canal from Raipur to Vatva Kotha have been prepared. Accordingly, at present, in Chandola Section, Bareja-A Section, Bareja-B Section of Kharicut Canal, work has been started to remove vegetation from the bottom of the canal, side slope, and sides of parapet.
(iii) On urgent basis, in the problematic reach of Section 1 and 2 of Kharicut Canal, jungle clearance and disposing of the material is carried out by providing labours through the agency as it was not possible with mechanical machineries.
(iv) Mechanical machineries are used to remove the silting of Section 1 and 2 of Kharicut Canal and garbage is being disposed of to the suitable dumping site with the help of AMC. In section 3 and 4 of Kharicut Canal, jungle clearance work is going on with the help of mechanical machineries.
Construction of grill on Kharicut canal:
(i) Parapet walls have been constructed on both the sides of the canal during the year 2010, 2012 and various stages of beautification in the year 2013-14.
(ii) Cast Iron/Mild Steel grill has been installed on the newly constructed parapet on both the sides of canal. For remaining/damage work of grill, an estimate (costing Rs. 4.77 crores) is approved from competent authority. Phase-wise work will be executed on the basis of availability of grant. It is planned to start the work in Kharicut Canal in very short time.
Dismantling old damaged parapet and providing new parapet on different locations of Section 1 of Kharicut Canal:
(i) Parapet walls have been constructed on both the sides of the canal during the year 2010, 2012 and various stages of beautification in the year 2013-14.
(ii) The estimate (costing Rs. 2.31 crore approximately) for providing new parapets at various locations between chainage 10400 m to 23830 m of Kharicut Canal- Section-1 has been approved from the competent authority. Phase-wise work will be executed on the basis of availability of grant. It is planned to start the work in Kharicut Canal in very short time.
Plaster, Kota, Color work:
Parapets and grills which have been constructed on Kharicut Canal in past decade are now in deteriorated condition. At various locations, kota stones provided over parapet are broken and parapets are damaged. Due to deterioration of color and plaster, existing parapets and grills are subjected to weathering effect which may further lead these structures in vulnerable condition. In order to restore these old parapets and grills, an estimate is prepared and submitted to competent authority for necessary approval. Phase-wise work will be executed on the basis of availability of grant and approval from the competent authority. It is planned to start the work in Kharicut Canal in very short time.
Prevention of polluted water in Kharicut Canal:
Currently, irrigation water is supplied through Kharicut Canal and its branches to the villages of Ahmedabad City Taluka and Daskroi Taluka. Supply of water will remain continue for the Rabi Season 2020-21. Field staff of irrigation department is constantly observing the canal for prevention of polluted water. In addition to that, Irrigation Department has planned to seal all illegal connections provided in Canal after completion of current irrigation season.
Restoration of damaged lining in Kharicut Canal:
Regarding restoration of damaged lining in Kharicut Canal, the work has been started in February, 2021 in Kharicut Canal to repair damaged canal lining at various locations and completed. Most of the damaged linings have been repaired and remaining minor repairing works will be completed soon once the supply of irrigation water to the crops would be completed for the Rabi season 2021.
Thus, Irrigation Department, AMC and GPCB have jointly made maximum efforts to stop the flow of domestic sewage in Kharicut Canal."
In view of above, further remedial measures be continued and overseen by the Chief Secretary, Gujarat due to multiple departments being involved. It may be noted that river Khari is one of the polluted river stretches of Priority I category and it further joins river Sabarmati which is also polluted river stretch, as per data of CPCB in public domain. As per earlier report filed in the matter, one of the serious issue is illegal discharge of acidic effluents into canal as well as into Vindola STP. GIDC, GPCB in coordination with the local Police will have to keep vigil and install CCTV cameras to monitor such illegitimate action and to have over all maintenance observation. The AMC, Irrigation Department GIDC and GPCB may file their respective reports of the status as on 31.12.2021 before the Chief Secretary, Gujarat on or before 15.01.2022. The reports may give status of discharges from sewage outlets and diversion to the STPs, interception and diversion of sealed outlets to the STPs and utilisation of treated effluents, compliance of standards of water quality of Kharicut Canal, standard of discharges from three STPs, including faecal coliform. The Secretary, Urban Development may oversee timely completion of ongoing works maintaining esthetics and hygienic status of the Kharicut Canal.
The application is disposed of.
A copy of this order be forwarded to the Chief Secretary, Gujarat, the Ahmedabad Municipal Corporation, Irrigation Department, GIDC and GPCB by e-mail for compliance.