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Judgment
In the Original Application No. 147/2021, the issue of contamination of water of Rain Water Harvesting (RWH) systems installed in the housing societies in Dwarka, Delhi was involved and the said OA was disposed of by order dated 10.12.2021 by taking note of the report of the Joint Committee showing the water pollution in the groundwater and that the water from other sources was entering in RWH systems. Accordingly, the Tribunal had observed in the order dated 10.12.2021 as under:
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In view of above, remedial action needs to be taken by the DPCC in exercise of its statutory powers under the Water (Prevention and Control of Pollution) Act, 1974 to prevent contamination of groundwater, in coordination with the DJB or any other authority. There is no justification for proposal to inspect one society per day as it will enable contamination of water to continue at large scale by other societies. In view of the report that out of 31 societies, inspected 22 were non-functional, action needs to be taken forthwith and simultaneously for non-compliances everywhere. DPCC may augment its capacity appropriately so as to discharge its mandatory obligations under the law. It may consider utilizing human resource from Engineering Colleges, if viable, for its assistance. It appears that there is lack of awareness and knowledge of technical knowhow on the subject for which appropriate awareness programmes be undertaken urgently with the representatives of the societies online with the involvement of such experts as resource persons, as considered necessary. Same joint Committee of DJB, CPCB and DPCC may hold its meeting within one month and remedial action plan may be prepared and executed expeditiously, preferably within three months.
The Tribunal had disposed of the OA by issuing the following directions:
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In the light of experience gained in the present case, it appears that at many places where RWH systems are installed, the same are either not functional or resulting in contamination of ground water which situation needs to be remedied not only in Delhi but pan India. This may be urgently looked into by a joint Committee of CPCB, Ministry of Jal Shakti (MoJS) and Ministry of Urban Development, Government of India. MoJS will be the nodal agency for the purpose. The Secretary, MoJS may call a meeting of stakeholders for further course of action in the light of above observations, followed by issuance of appropriate directions to all the States/UTs.”
No remedial action plan in terms of the direction of the Tribunal in paragraph 5, as quoted above, has been submitted by the Joint Committee of DJB, CPCB and DPCC till now.
Learned Counsel appearing for DPCC seeks a week’s time to find out the status of preparation of the action plan and place it before the Tribunal.
The problem of contamination of the groundwater is still persisting and the report of DPCC dated 04.01.2024 clearly states as under:
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The contamination in the ground water samples taken, was found due to the presence of Ammonical Nitrogen and Total Dissolved solid and the reason of increase of these may be due to presence of organic matter and mixing of society waste in RWH pits.”
The said report of DPCC also discloses that in 180 samples taken by the DPCC, the contamination was found primarily on account of presence of Ammoniacal Nitrogen and Total Dissolved Solids in the sample water.
The fresh report dated 14.05.2024 filed by the DPCC reveals that the presence of Ammoniacal Nitrogen and Total Dissolved Solids in the samples can be said to be emanating from human activities in societies as source of Ammoniacal Nitrogen is human waste.
Learned Counsel for the DPCC does not dispute that on account of mixing of sewage such a result is reflected in the samples. Counsel appearing for the DPCC, on instructions, has submitted that since the design of RWH pits given by the DJB was defective, therefore, such a problem has arisen. DPCC is directed to convey this fact with full particulars to the DJB within a period of one week and the DJB will duly examine the issue of defects in the design of RWH and if the design is found to be defective then take appropriate corrective measures within a period of four weeks from the date of receipt of communication from the DPCC.
In the proceedings dated 05.03.2024, the Tribunal took note of the fact that the DPCC had floated tenders for award of contract of sample analysis and the value of the tender was Rs. 3,90,000/-. Hence, the Tribunal had expressed as to why the DPCC had floated the tenders for sample analysis when the DPCC itself has the lab with testing facilities. Hence, we had required the DPCC to disclose in clear terms the reasons justifying floating of such tenders.
Learned Counsel for the DPCC submits that at that time the requisite infrastructure in the lab of the DPCC was not available, but now, it has been created.
It is undisputed that the DPCC has huge amount of fund collected through Environmental Compensation (EC) and, therefore, it is required to be explained by the DPCC as to why the timely upgradation/strengthening of the facilities in the laboratory was not done. In this background, we require the DPCC to disclose full particulars of the fund which has been collected and the manner it has been utilized till now.
IA No. 143/2024 has been filed by All Dwarka Residents Federations through its President and Secretary seeking intervention on the ground that they are directly affected by the present proceedings. The IA is not opposed by any other parties. We are also of the view that the applicants in the IA deserve an opportunity of hearing in the present proceeding. Hence, the IA is allowed. The applicant in the IA is permitted to file the reply within four weeks.
List on 28.08.2024.