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The applicant-Jhilmil & Friends Colony Industrial Area CETP Society, a 'society" registered under the Societies Registration Act, and created to maintain and control the Common effluent treatment plant (CETP) at Jhilmil Industrial Area, Delhi has filed the present applicant under Section 14 of the National Green Tribunal Act, 2010 read with the provisions of the Water (Prevention and Control of Pollution) Act, 1974, the Environment Protection Act, 1986 and the Delhi Common Effluent Treatment Plant Act, 2000 with the prayer, inter alia, to direct respondent no. 1 to stop work of connecting the pipeline of Shahdara Link Drain to the CETP Jhilmil as the CETP is only having the physico-chemical treatment facility and cannot treat the BOD and to direct the respondent no. 2 to take the steps for upgradation of the CETP with the NEERI or any other authority to complete the process of study of upgradation of the CETP Jhilmil.
The applicant averred that Respondent no. 1-DJB has issued tender vide letter dated 24.03.2022 for joining sewage pipeline from Shahadara link Drain to CETP Jhilmil Industrial Area. The applicant society was created under Section 3 of the Delhi CETP Act-2000 by virtue of order dated 26.04.2005 passed by Hon'ble Supreme Court to treat only the industrial waste and not sewage waste. Delhi Jal board should take prior permission from the MOEF&FF and well as DPCC for connecting the Shahdara link drain sewage to CETP Jhilmil Industrial Area. CETP, Jhilmil draws effluents from the industrial areas of Friends Colony and Jhilmil Area and carries out physico-chemical process of purification of the industrial waste water and does not have the capacity to treat Bio-Chemical Oxygen Demand (BoD). Connecting of Shahadara link Drain with CETP Jhilmil will change the character of the waste. Till date standards of inlet and outlet for CETPs have not been notified either by DPCC or MOEF&CC for the combined treatment of trade effluent and sewage. Respondent No.1 DJB did not consult either the CPCB or the DPCC. In the absence of the concurrence by the CPCB/DPCC, connecting of the Shahadara drain to the CETP Jhilmil is illegal and would cause further pollution instead of removing or controlling the pollution. It is a very basic knowledge in Environmental Engineering that heavy metals and ions which are predominant in the industrial waste water interfere with the Biological Treatment process. A letter dated 07-04-2022 was sent by the applicant to Respondent No.1 DJB, whereby it was suggested that the CETP Jhilmil be operated as Industrial Waste Water CETP with suitable modifications adjusted to the actual flow plus future industrial flows. The land of CETP can be separated in two parts with one part housing CETP based on the chemical treatment and the other part as STP for catering for the domestic waste of JJ Cluster and storm water. This will only bring efficiency in the treatment of waste water without creating legal and financial issues. The respondent No.1 did not give opportunity of being heard to the applicant before advertising letter dated 24-03-2022 to start work of connecting the sewage of Shahdara Link drain CETP Jhilmil Industrial Area. The impugned letters are completely arbitrary, illegal and ultra vires the Water Act, 1974, EP Act-1986 as well as the Delhi CETP Act- 2000 and violative of the principles of natural justice.
In the application the applicant- Jhilmil & Friends Colony Industrial Area CETP Society has raised the following material questions for consideration:-
A. Whether in the absence of concurrence of CPCB for joining the Shahadra Link drain in the CETP Jhilmil by DJB is valid, despite this fact that CETP does not have facility of treatment of BOD?
B. Whether the CETP Jhilmil Industrial area can be compelled to treat Shahdara Link drain sewage in violation of Delhi CETP Act-2000?.
C. Whether Shahdara link drain sewage can be diverted for treat by CETP Jhilmil Industrial area while the CETP is not designed by NEERI to treat the domestic sewage?
D. Whether the CETP Jhilmil Industrial area can treat the industrial effluent and sewage in the absence of in inlet and outlet water quality standards of CETP for combined treatment of industrial effluent and sewage?
E. Whether the Delhi Jal board should not take prior permission from the MOEF&FF as well as DPCC for connecting the Shahadara link drain sewage to treat by CETP Jhilmil Industrial Area which has been designed for treatment of Industrial effluent?
F. Whether the Delhi Jal Board can by an administrative order override the Delhi CETP ACT 2000 as well as the Judgment of Hon'ble Supreme court of India whereby the Judgment it was directed to establish the CETP only for treatment of Industrial Effluent?
G. Whether the Delhi Jal Board can takeover the charge of JHILMIL & FRIENDS COLONY INDUSTRIAL AREA CETP SOCIETY, which is constituted under clause 3 of the Delhi CETP ACT 2000?
H. Whether the sole decision of R-2 Delhi Jal Board for connecting the Shahadara link Drain to CETP Jhilmil without consultation and consent of JHILMIL & FRIENDS COLONY INDUSTRIAL AREA CETP SOCIETY is illegal?
Vide order dated 04.07.2022, the concerned contractor was ordered to be impleaded as respondent No.4 and notice of the O.A and I.A was ordered to be issued to respondents.
In view of precautionary principle this Tribunal directed vide order dated 04.08.2022 that Shahdara drain shall not be connected with the CETP, Jhilmil till the next date of hearing.
As per office report the respondents have been duly served. Reply has been filed by respondent no. 1 vide email dated 17.09.2022. However, no replies have been filed by respondents No. 2 and 3.
In its reply, respondent no. 1 has inter alia submitted that the Government of NCT of Delhi has constituted Yamuna Cleaning Cell to achieve the target to clean River Yamuna with CEO, DJB as Chairman and DSIIDC, DUSIB, DPCC and I & FC as members of this cell. The Government of NCT of Delhi is in process of transfer of CETP from DSIIDC to DJB for further upgradation and maintenance. This process of taking over of CETPs, their further up gradation and trapping of nearby drains is under the project cleaning of River Yamuna. Presently, the discharge of these two drains namely Dilshad Garden drain and Jhilmil drain is going into existing Kondli STP and for optimum utilization of Jhilmil CETP, it is proposed to treat discharge of these drains at Jhilmil CETP which is already running under capacity i.e., about 4-5 MLD against the capacity of 16.8 MLD. The treated effluent of this CETP can be further utilized for Horticulture purpose in the nearby parks of EDMC, DDA, PWD etc., Accordingly, after in principle approval dated 27.01.2022 of Hon’ble Minister (Water) Government of NCT, Delhi, the instant proposal for trapping of Dilshad Garden drain and Jhilmil drain into Jhilmil CETP was taken up. However, connection to existing CETP will be done only after transfer of CETP’s to DJB by DSIIDC.
It is evident from the reply of Respondent no. 1 that it has taken up the proposal for trapping of Dilshad Garden drain and Jhilmil drain into Jhilmil CETP in accordance with the approval granted by Government of NCT of Delhi. Respondent no. 1 has claimed that Government of NCT of Delhi is in process of transferring of CETP from DSIIDC to DJB. In its reply respondent no. 1 has undertaken that connection of Dilshad Garden drain and Jhilmil drain into Jhilmil CETP will be done only after transfer of CETP’s to DJB. In its reply, respondent no. 1 has also submitted that further action for upgradation of CETPs for treatment of both the wastes- industrial effluents and sewage with required treatment process will be taken up after formal approval of Government of NCT of Delhi and handing over of CETPs to DJB. Respondent no. 1 will be bound by its above referred undertakings given in its reply and grant of injunctive relief for stopping connecting of Dilshad Garden drain and Jhilmil drain into Jhilmil CETP is not mandatorily required.
Further, we are also of the considered view that before any such transfer of CETPs to DJB from SIIDC the matter remains premature and no cause of action accrues to the applicant Society which will be at liberty to challenge the legality of any such transfer of CETPs to DJB on legally permissible grounds by availing appropriate legal remedies.
It may be observed here that admittedly the draft report proposed to convert the CETP into CE-STP (Combined Effluent & Sewage Treatment Plant) was received by the applicant Society on 31.12.2021 to which the applicant Society raised objections that Jhilmil CETP is designed for Industrial Area Wastewater, with a specific set of Inlet and outlet parameters stipulated by the Ministry of Environment & Forests. The inlet-outlet parameters for STP have also been defined separately. By changing it to CE-STP, a new class of inlet-outlet parameters is to be first legally sanctioned by MoEF. Further, It is a very basic knowledge in Environmental Engineering that heavy metals and ions which are predominant in the industrial waste water interfere with the Biological Treatment process. The legal entity of handling the Industrial waste is already in place for the last 17 years in the form of CETP societies. It was therefore suggested that CETP Jhilmil be operated as Industrial Waste Water CETP with suitable modifications adjusted to the actual flow plus future industrial flows. The land of CETP can be separated in two parts with one part housing CETP based on the chemical treatment and the other part as STP for catering for the domestic waste of JJ Cluster and storm water. This will only bring efficiency in the treatment of wastewater without creating legal and financial issues.
Needless to observe that any such suggestion deserves due consideration by the respondents and proper Study needs to be made/complete technical evaluation needs to be done for technological upgradation of CETPs/establishment of CE-STPS for combined treatment of industrial waste water and sewage from the proposed conjoined drains. Any such technological upgradation must ensure that industrial effluent is treated by conforming to the prescribed standards and for this purpose the industrial effluents may be treated firstly with exclusive ETP/CETP if so required so that there is no dilution/violation of the prescribed standards and then only co-treated with sewage by adopting appropriate method.
In the facts and circumstances of the case, we are of the considered view that no further intervention by this Tribunal on the present application in exercise of its jurisdiction under the provisions of the National Green Tribunal Act, 2010 is warranted at this stage and the application is disposed of accordingly with liberty as aforesaid and further directions that the CPCB and DPCC may conduct Joint inspection and study with the DJB to evaluate the status and feasibility of the proposal and proposed technological upgradation of CETPs before actual implementation. The DPCC will be the nodal agency for co-ordination and compliance in this regard. The Joint Inspection Report may be submitted within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before this Bench for further directions.
By way of abundant caution it is clarified that nothing in this order shall be treated as any direction for transfer of CETPs from DSIIDC to DJB or to prevent respondent no. 1 from completing the works (except connecting Dilshad Garden drain and Jhilmil drain into Jhilmil CETP which is to be done as undertaken on transfer of CETP Jhilmil from DSIIDC to DJB) already undertaken through respondent No.4.