Himanshu Juneja vs State of Haryana & Ors

Grievance in this application is against failure of the statutory authorities in stopping discharge of untreated sewage and dumping of unsegregated waste in open in Sector 111, Gurugram, Haryana.

Case of the applicant is that untreated sewage and waste are being disposed of in the open in the complex of Diplomatic Greens, Sector-111, Gurugram, Haryana by the residents of unauthorized colony Chandan Vihar, Village Chauma, Gurugram adversely affecting the environment and public health in the area. This has led to unsanitary conditions inside the complex where more than 350 families are residing. There is imminent danger of air and water borne diseases and also danger of ground water contamination due to leachate. Further, the said area has become a breeding ground for mosquitoes and also gives extremely foul smell from rotting of organic waste and also breaking up of pollutants due to fermentation and oxidation and the release of the same into the surrounding  air  and  water.  The  Master  Plan  of  Gurugram  does  not earmark areas where waste is to be dumped and discharged. Solid Waste Management Rules, 2016 prescribe duties of the various authorities/stakeholders with regard to the disposal of wastes/garbage with strict timelines. Dumping of unsegregated wastes by locals in open areas is against Solid Waste Management Rules, 2016, under the Environment (Protection) Act, 1986.

Vide order dated 26.07.201, the Tribunal considered the grievance and directed a joint Committee comprising Secretary, Urban Development/ Local Bodies, Haryana, Municipal Corporation, Gurugram and Haryana State PCB to ascertain the factual position and furnish its report to this Tribunal within two months.

In pursuance of above, the Municipal Corporation, Gurugram has filed a status report dated 29.10.2021 as follows:-

"3. During site inspection it was found that the sewer line with 400mm diameter (branch sewer line) was laid down by MCG anticipating future plan to connect it with main sewer line with diameter 900 diameter. This 400 mm diameter (branch sewer line) is to be connected with main sewer line after STP of 0.25 MLD capacity at village Sarai Alawardi is made functional and main sewer line is connected with it. However, before this execution of said planned project, sewage of Shankar Vihar Colony was connected by its residents without permission of MCG into 400 mm diameter (branch sewer line) which itself was closed at its end. This connection of sewage led to filling of 400 mm diameter sewer line and overflowed from its main hole.

After taking note of the said incident, as a temporary measure, sewage of Shankar Colony has been tapped by MCG and no sewage is being discharged into 400 mm diameter sewer line. Resultantly, overflow of sewage has also stopped. The affected area has also been cleaned. At present sewage of Shankar Colony is being disposed through septic tanks.

For permanent Solution, a tender for connecting 400 diameter branch sewer line with 900 diameter main sewer line has been floated. The STP at village Sarai Alawardi is at trial stage and same shall be functional by 20th Nov, 2021. The 400 diameter branch sewer line shall be connected with 900 diameter main sewer line within 30 days. Resultantly, sewage of Shankar Colony and Chandan Vihar Colony (both are approved) shall be disposed and treated through STP at village Sarai Alawardi.

The Sanitary Officer, MCG informed that Concessionaire (M/s Ecogreen Energy Pvt. Ltd.) of MCG is regularly collecting waste from Group Housing Society Diplomatic Greens and Chandan Vihar as well. The C&D waste dumped by unknown miscreants in open space has also been lifted and sent to C&D disposal site.

That solid waste is collected on daily basis from all colonies through 352 GPS enabled primary vehicles deployed within MC limits further 206 rag-pickers integrated with MCG are also collecting dry waste. Most of the area under MC Gurugram is covered with sewerage network, however, in some unapproved areas where sewer network is not existing, residents have septic tanks, waste water collected in these septic tanks is being transported by MCG empanelled septic / suction tankers to STP Behrampur and STP Dhanwapur for scientific disposal of effluent generated from these unapproved residential colonies within Gurugram. It is being ensured by MCG that these tankers do not dispose off effluent in open areas by ensuring strict monitoring and by imposing penalty in case of violation."

From the above, it is seen that certain steps are claimed to have been taken to remedy the discharge of untreated effluents and dumping of waste in open. Municipal Corporation Gurugram claims to have tapped sewage of the Shankar Colony and given a tender for connecting the branch sewer line with the main sewer line. It is further stated that waste is being collected from the Group Housing Societies and dumped waste has also been lifted.

The report is followed by further letter dated 15.12.2021, giving progress as follows:-

"3. The progress report in the matter is that STP at village Sarai Alawardi has become operational on dated 10.11.2021. The work of connecting 400 mm diameter sewer line with 900 mm diameter main sewer line could not be completed and work of the same is halted due to directions dated 14.11.2021 issued by Haryana State Disaster Management Authority, further directions issued by and Commission for Air Quality Management (CAQM) in National Capital Region and adjoining Areas for abetment of Air Pollution in Delhi NCR. The Hon'ble Supreme Court of India vide order dated 24.11.2.021 in WP (C) No. 1135/2020 titled as Aditya Dubey and Anr. Vs Union of India and Ors. continued the ban on construction activities as an interim-measures to control air pollution. Due to ban on construction and Demolition Activities, material required for constructing main holes in 'connector pipe line' is also not available.

In view of above, project work mentioned in para no.5 of the report dated 29.10.2021 will be completed within 15 days after ban on construction activities will be lifted and hot mix plants are made operational."

In view of above, no further order appears to be necessary at this stage except that further follow up remedial action be taken in accordance with law.

The application is disposed of.