Municipal Corporation, Bhilai vs Chhattisgarh Environment Conservation Board

This is a unique case where the Chief Executive Officer Zila Parishad has filed this application against the Commissioner, Municipal Corporation, Ahmednagar for construction and maintenance of STPs and to ensure that no sewage water or untreated water should be discharged into the river or in the open land. The matter was taken up by this Tribunal on 02.07.2018 and directed the authorities as follows:

"This matter pertains to establishment of STP in the Ahmednagar Municipal Corporation area. The record reveals that the Municipal Corporation has been delaying in complying with the directions and in taking up the work on the project on some ground or the other. It may be noted that this case was filed in the year 2015 and had first come up before this Tribunal on 7-9-2015. As of now nothing has really happened at the ground level except that work orders had been issued to the successful bidder on 30-6-2018. It is stated that the time line prescribed for completion of the work is 12 months. The learned counsel for the Respondent Municipal Corporation in fairness does not disputes the delay in compliance of the orders and submits that the Municipal Corporation shall henceforth submit a monthly report on the progress of the work.

It is also a matter of record that Bank guarantee of Rs. 3 crores (Rs. Three Crores) had been directed to be furnished by the Municipal Corporation to be deposited with the District Collector and the Ahmednagar Municipal Corporation to ensure that there was no delay in defraying its part of the expenditure against the work.

The records, therefore, reflect sorry a state of affairs and gross negligence on the part of the Municipal Corporation in not according priority to such crucial public work. We, therefore direct the Ahmednagar Municipal Corporation to file a specific time frame within which the work would be completed. The Municipal Corporation shall deposit Rs. 50,00,000/- (Rs. Fifty lakhs) in the form of Bank Guarantee with the District Collector, Ahmednagar to ensure strict compliance of the time frame prescribed for completion of STP.

The Respondent No. 1 Municipal Corporation shall file a monthly report on the progress of the work. The timeframe as prescribed shall placed before us before the next date i.e. 16th July 2018.

List the case on 16th July 2018."

In compliance thereof, the Deputy Commissioner of Ahmednagar Municipal Corporation has submitted that direction has been issued for the sewage collection and construction of STP and timeline for completion of the work as reported by the authorities is May 2019 or July 2019. It has further been submitted that the bank guarantee to the tune of Rs. 50 lacs which was directed by the Tribunal to be deposited with the Collector has already been deposited. The issue of maintenance and construction of STPs and to ensure that no sewage water is discharged into the open lands, ponds or the river bodies. The Principal Bench of this Tribunal has taken the matter in Original Application No. 673/2018 and vide order dated 22.06.2020 had issued several directions with the history, problems and the maintenance of the STPs in the following words. It will be more desirable to quote the relevant paras and the directions so that the authorities may be reminded to execute it. The relevant paras are as follows:

"8. The Hon'ble Supreme Court has held in several matters that it is the duty of the State to ensure access to clean drinking water, which is part of Right to Life. The Hon'ble Court has repeatedly directed State bodies to enforce statutory provisions by municipal bodies and industries by stopping discharge of untreated sewage and effluents in rivers, and prevent water pollution in any form Orders dealing with pollution of

• river Pallar, Vellore Citizen Welfare Forum v. UOI, (1996) 5 SCC 647, A.P. Pollution Control Board II v. Prof. M.V. Nayudu, (2001) 2 SCC 62 ¶ 45

• river Noyyal, in Tamil Nadu, (2009) 9 SCC 737

• river Ganga, M.C. Mehta V. UOI & Ors. (1997) 2 SSC 411 : (1988) 1 SCC 471

It was observed that water pollution causes serious diseases, including Cholera and Typhoid (M.C. Mehta (1988), supra No. 6). It was also observed that the educational institutions must teach atleast for one hour in a week lessons relating to protection and improvement of environment, and suitable awareness programs be undertaken (ld.). Likewise, the issue of Calcutta tanneries was considered in M. C Mehta Vs. Union of India And Ors. (M.C. Mehta (1997), supra No. 6), (Calcutta Tanneries' Matter). The tanneries were directed to be shifted by adopting the 'Precautionary Principle' so as to prevent discharge of effluents in the River Ganga. In view of dangerous potential of pollution, it has been laid down that even the State cannot grant any exemption for discharge of pollutants in water in violation of 'Precautionary' principle. (M.V. Nayudu, supra No. 6)

In spite of the above, in flagrant violation of law of the land, polluted water in the form of sewage, industrial effluents or otherwise as also different forms of solid waste has continued to be discharged in the water bodies including the rivers or the canals/drains meeting the rivers. Violation of law is not only by private citizens but also statutory bodies including the local bodies and also failure of the regulatory authorities in taking adequate steps. There is no adequate coercive action or accountability, weakening the rule of law when large-scale violations go unaddressed despite repeated multitude of judicial orders.

It will be appropriate to note the crisis situation in the country on the subject of availability of potable water. The matter has been considered in the report of Niti Aayog on Composite Water Management Index ("CWMI"). (Niti Ayog on "Composite Water Management Index", June 2018, https://niti.gov.in/writereaddata/files/document publication/2018-05-18-Water-Index-Report vS8-compressed.pdf)

The following additional information as per reports in public domain (subject to verification) also need to be noted:

(a) India is suffering from the worst water crisis in history and millions of lives and livelihoods are under threat. Currently, 600 million Indians face high to extreme water stress and about two lakh people die every year due to inadequate access to safe water (Source: WRI Aqueduct; WHO Global Health Observatory). Critical groundwater resources - which account for 40% of our water supply-are being depleted at unsustainable rates (ld.). The crisis is only going to get worse. By 2030, the country's water demand is projected to be twice the available supply, implying severe water scarcity for hundreds of millions of people and an eventual-6% loss in the country's GDP (McKinsey & WRG, 'Charting our water future', 2009 https://www,mckinsey,com//media/mckinsey/dotcom/client service/sustainability/pdfs/charting our water future/charting our water future full report, ashx; World Bank; Times of India). As per the report of National Commission for Integrated Water Resource Development of MoWR, the water requirement by 2050 in high use scenario is likely to be a milder 1,180 BCM, whereas the present-day availability is 695BCM. The total availability of water possible in country is still lower than this projected demand, at 1,137BCM. Thus, there is an imminent need to deepen our understanding of water resources and usage and use interventions that make our water use efficient and sustainable.

(b) Most states have achieved less than 50% of the total score in the augmentation of groundwater resources, highlighting the growing national crisis--54% of India's groundwater wells are declining, and 21 major cities are expected to run out of groundwater as soon as 2020, affecting-100 million people (Source: UN Water, 'Managing water under uncertainty and risk', 2010; World Bank (Hindustan Times. The Hindu)).

(c) With nearly 70% of water being contaminated, India is placed at 120th amongst 122 countries in the water quality index.

(d) As per statistics mentioned before the Lok Sabha on April 6, 2018, waterborne diseases such as cholera, acute diarrhoeal diseases, typhoid and viral hepatitis continue to be prevalent in India and have caused 10,738 deaths, over the last five years since 2017. Of this, acute diarrhoeal diseases caused maximum deaths followed by viral hepatitis, typhoid and cholera.(https://www,indiaspend,com/diarrhoea-took-more-lives-than-any-other-water-borne-disease-in-india-58143/)

(e) As per 'National Health Profile' published by Central Bureau of Health Investigation, Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, a total of 1535 deaths due to acute diarrhoeal diseases was reported during the year 2013 (http://pib.nic,in/newsite/PrintRelease,aspx?relid=106612)

Main Causes and requisite Remedial Action for Rivers' Pollution

As already noted, well known causes of pollution of rivers are

• dumping of untreated sewage and industrial waste, garbage, plastic waste, e-waste, bio-medical waste, municipal solid waste,

• diversion of river waters for various purposes affecting e-flow,

• encroachment of catchment areas and floodplains,

• over drawl of groundwater,

• river bank erosion due to number of anthropogenic reasons, such as illegal sand mining.

Inspite of directions to install Effluent Treatment Plants ("ETPs"), Common Effluent Treatment Plants ("CETPs"), Sewage Treatment Plants ("STPs"), and adopting other antipollution measures, satisfactory situation has not been achieved. As per CPCB report, 2016 (http://www.sulabhenvis.nic.in/Database/STST_wastewater_2090.aspx July 16, updated December 6, 2016), it has been estimated that 61,948 million liters per day ("MLD") sewage is generated from the urban areas of which treatment capacity of 23,277 MLD is currently existent in India. Thereby the deficit in capacity of waste treatment is of 62%. There is no data available with regard to generation of sewage in rural areas.

Effective governance is the need of the hour. If industrial pollution does not stop, the polluters must be dealt with. If sewage dumping does not stop, local bodies have to be made accountable and their heads prosecuted as per the Hon'ble Supreme Court directions  (Paryavaran Suraksha Samiti v. UOI, (2017) 5 SCC 326, Para 10-13). The Hon'ble Supreme Court only recently (Criminal Appeal No. 1734 of 2019 in Karnataka State Pollution Control Board Vs. B. Heera Naik (26.11.2019)), upheld prosecution of a local body for violation of provisions of the Water Act.

Steps have also to be taken for awareness and public involvement (Supra No. 7). Water being scarce and necessary for human existence, a Welfare State cannot plead lack of funds for such overriding need for existence of human life (Municipal Council, Ratlam v. Vardhichand (1980) 4 SCC 162; B.L. Wadhera v. UOI and Ors. (1996) 2 SCC 594). Thus, requisite budgetary provision has to be made.

Implementation timelines for remedial action procedures and interventions have to be shortened to avoid delays. This Tribunal vide Order dated 18.10.2019 in O.A. No. 606/2018 (Supra No. 1) while dealing with the issue of procedures of DPRs and tendering process, observed:

"8. Expeditious compliance of directions for clearance of legacy waste sites as well as stopping of discharge of untreated sewage and directions on associated subjects require immediate implementation for protection of environment and public health by curtailing undue delay. As suggested, necessary technologies need to be standardized with cost breakups for operation and maintenance, including procurement. Besides this, the service providers need to be identified and empaneled. This exercise may also require the concerned authorities to explore business models."

This Tribunal has constituted a Committee headed by Niti Ayog on the subject to give a report within two months, pursuant to which Niti Ayog has done an exercise and uploaded a standards document to the GeM portal (As per letter dated 25.6.2020 received by the Registry of this Tribunal).

As per laid down standards, river water is considered to be fit for bathing when it has BOD < 3.0 mg/L, Dissolved Oxygen ("DO") > 5.0 mg/L and Faecal Coliform bacteria ("FC") < 500 MPN/100ml.

As already noted, according to latest assessment by the CPCB, there are 351 polluted river stretches in India i.e. where the BOD > 3mg/L. The plan for restoration of polluted river stretches has to be executed through two-fold concepts. One concept is to enhance river flows through interventions in water sheds/catchment areas for conservation and recharge of rain water (for subsequent releases during lean flow period in a year). This concept will dilute pollutants in rivers and streams to reduce concentration to meet desired level of water quality. Other concept is of regulation and enforcement of standards in conjunction with available flow in rivers/streams and allocation of discharges within stipulated norms. The fact remains that desired result has not been achieved and more and more polluted river stretches are being added to the list. Apart from pH, DO, COD and BOD, if other standards such as FC etc. are also assessed, number of polluted stretches will go even further up.

II. Order dated 20.09.2018 ("First Order") requiring preparation of Action Plans by States/UTs-Preventing discharge of sewage and effluents, dumping of waste, maintaining flood plain zones and e-flow, restoring water quality to bathing standards

Timeline: Action Plans in two months and execution in six months

In view of above, this Tribunal found it necessary to take up the matter and direct preparation and execution of river Action Plans to control pollution and restore water quality of the river as per norms within reasonable time. Accordingly, vide order dated 20.09.2018 proceedings were initiated as already mentioned para 3 above. It may be noted that there have been successful river cleaning programmes in other countries such as those of river Thames (England), Rhine (Germany) and Danube (France). There being no reason as to why our polluted river stretches also cannot be restored, this Tribunal issued the following directions:

• "All States and Union Territories are directed to prepare Action Plans within two months for bringing all the polluted river stretches to be fit at least for bathing purposes (i.e. BOD < 3 mg/L and FC < 500 MPN/100 ml) within six months from the date of finalisation of the Action Plans.

• The Action Plans may be prepared by four-member Committee comprising, Director, Environment, Director, Urban Development, Director, Industries, Member Secretary, State Pollution Control Board of concerned State. This Committee will also be the Monitoring Committee for execution of the Action Plan. The Committee may be called "River Rejuvenation Committee" (RRC). The RRC will function under the overall supervision and coordination of Principal Secretary, Environment of the concerned State/Union Territory.

• The Action Plan will include components like identification of polluting sources including functioning/status of STPs/ETPs/CETP and solid waste management and processing facilities, quantification and characterisation of solid waste, trade and sewage generated in the catchment area of polluted river stretch. The Action Plan will address issues relating to; ground water extraction, adopting good irrigation practices, protection and management of Flood Plain Zones (FPZ), rain water harvesting, ground water charging, maintaining minimum environmental flow of river and plantation on both sides of the river. Setting up of biodiversity parks on flood plains by removing encroachment shall also be considered as an important component for river rejuvenation. The Action Plan should focus on proper interception and diversion of sewage carrying drains to the Sewage Treatment Plant (STP) and emphasis should be on utilization of treated sewage so as to minimize extraction of ground or surface water. The Action Plan should have speedy, definite or specific timelines for execution of steps. Provision may be made to pool the resources, utilizing funds from State budgets, local bodies, State Pollution Control Board/Committee and out of Central Schemes.

• The Action Plans may be subjected to a random scrutiny by a task team of the CPCB.

• The Chief Secretaries of the State and Administrators/Advisors to Administrators of the Union Territories will be personally accountable for failure to formulate Action Plan, as directed.

• All States and Union Territories are required to send a copy of Action Plan to CPCB especially w.r.t. Priority I & Priority II stretches for approval.

• The States and the Union Territories concern are directed to set up Special Environment Surveillance Task Force, comprising nominees of District Magistrate, Superintendent of Police, Regional Officer of State Pollution Control Board and one person to be nominated by District Judge in his capacity as Chairman of Legal Services Authority on the pattern of direction of this Tribunal dated 07.08.2018, in O.A. No. 138/2016 (TNHRC), "Stench Grips Mansa's Sacred Ghaggar River (Suo-Motu Case).

• The Task Force will also ensure that no illegal mining takes place in river beds of such polluted stretches.

• The RRC will have a website inviting public participation from educational institutions, religious institutions and commercial establishments. Achievement and failure may also be published on such website. The Committee may consider suitably rewarding those contributing significantly to the success of the project."

This Tribunal noted that data compiled by CPCB on polluted river stretches classified such river stretches in five categories:

(a) Criteria for Priority I

i. Monitoring locations exceeding BOD concentration 30 mg/L has been considered as it is the standard of sewage treatment plant and in river it appears without dilution. (River locations having water quality exceeding discharge standards for BOD to fresh water sources)

ii. All monitoring locations exceeding BOD concentration 6 mg/L on all occasions.

Hi. Monitoring locations exceeding 3 mg/L BOD are not meeting desired water quality criteria but does not affect to Dissolved Oxygen level in water bodies. If BOD exceeds 6mg/L in water body, the Dissolved Oxygen is reduced below desired levels.

iv. The raw water having BOD levels upto 5 mg/L are does not form complex chemicals on chlorination for municipal water supplies. Hence the water bodies having BOD more than 6 mg/L are considered as polluted and identified for remedial action.

(b) Criteria for Priority II

i. Monitoring locations having BOD between 20-30 mg/L.

ii. All monitoring locations exceeding BOD concentration 6 mg/L on all occasions.

(c) Criteria for Priority III

i. Monitoring locations having BOD between 10-20 mg/L.

ii. All monitoring locations exceeding BOD concentration 6mg/L on all occasions.

(d) Criteria for Priority IV

i. Monitoring locations having BOD between 6-10 mg/L.

(e) Criteria for Priority V

i. Monitoring locations having BOD between 3-6 mg/l.

ii. Locations exceeding desired water quality of 3mg/l BOD.

A table showing the location and categories have been reproduced in the said order and reference to the same will also be made in the later part of this order. The Action Plans were directed to cover the following:

(a) Source Control

Source control includes industrial pollution control and treatment and disposal of domestic sewage as detailed below:

(i) Industrial pollution control

A. Inventorisation of industries

B. Categories of industry and effluent quality

C. Treatment of effluents, compliance with standards and mode of disposal of effluents

D. Regulatory regime.

(ii) Channelization, treatment, utilization and disposal of treated domestic sewage.

A. Identification of towns in the catchment of river and estimation of quantity of sewage generated and existing sewage treatment capacities to arrive at the gap between the sewage generation and treatment capacities;

B. Storm water drains now carrying sewage and sullage joining river and interception and diversion of sewage to STPs,

C. Treatment and disposal of septage and controlling open defecation,

D. Identification of towns for installing sewerage system and sewage treatment plants.

(b) River catchment/Basin Management-Controlled ground water extraction and periodic quality assessment

(i) Periodic assessment of groundwater resources and regulation of ground water extraction by industries particularly in over exploited and critical zones/blocks,

(ii) Ground water re-charging/rain water harvesting

(iii) Periodic ground water quality assessment and remedial actions in case of contaminated groundwater tube wells/bore wells or hand pumps.

(iv) Assessment of the need for regulating use of ground water for irrigation purposes.

(c) Flood Plain Zone.

(i) Regulating activities in flood plain zone.

(ii) Management of Municipal, Plastic, Hazardous, Bio-medical and Electrical and Electronic wastes,

(iii) Greenery development-Plantation plan.

(d) Ecological/Environmental Flow (E-Flow)

(i) Issues relating to E-Flow

(ii) Irrigation practices

(e) Such other issues which may be found relevant for restoring water quality to the prescribed standards.

We may note the observations of the Hon'ble Supreme Court in several decisions:

"26. Enactment of a law, but tolerating its infringement, is worse than not enacting a law at all. The continued infringement of law, over a period of time, is made possible by adoption of such means which are best known to the violators of law. Continued tolerance of such violations of law not only renders legal provisions nugatory but such tolerance by the enforcement authorities encourages lawlessness and adoption of means which cannot, or ought not to, be tolerated in any civilized society. Law should not only be meant for the law-abiding but is meant to be obeyed by all for whom it has been enacted. A law is usually enacted because the legislature feels that it is necessary. It is with a view to protect and preserve the environment and save it for the future generations and to ensure good quality of life that Parliament enacted the antipollution laws, namely, the Water Act, Air Act and the Environment (Protection) Act, 1986. These Acts and Rules framed and notification issued thereunder contain provisions which prohibit and/or regulate certain activities with a view to protect and preserve the environment. When a law is enacted containing some provisions which prohibit certain types of activities, then, it is of utmost importance that such legal provisions are effectively enforced. If a law is enacted but is not being voluntarily obeyed, then, it has to be enforced. Otherwise, infringement of law, which is actively or passively condoned for personal gain, will be encouraged which will in turn lead to a lawless society. Violation of anti-pollution laws not only adversely affects the existing quality of life but the non-enforcement of the legal provisions often results in ecological imbalance and degradation of environment, the adverse effect of which will have to be borne by the future generations. (INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION V. UOI & ORS. (1996) 5 SCC 281)

"45....... The Government could not pass such orders of exemption having dangerous potential, unmindful of the fate of lakhs of citizens of the twin cities to whom drinking water is supplied from these lakes. Such an order of exemption carelessly passed, ignoring the "precautionary principle", could be catastrophic." (A.P. Pollution Control Board II v. Prof. M.V. Nayudu, (2001) 2 SCC 62)

"61......If the laws are not enforced and the orders of the courts to enforce and implement the laws are ignored, the result can only be total lawlessness. It is, therefore, necessary to also identify and take appropriate action against officers responsible for this state of affairs. Such blatant misuse of properties at large-scale cannot take place without connivance of the officers concerned. It is also a source of corruption. Therefore, action is also necessary to check corruption, nepotism and total apathy towards the rights of the citizens." (M.C. Mehta v. UOI, (2006) 3 SCC 399 - Public functionaries)

"15..... Time has come to require the State Governments to explain why they should not be asked to compensate the persons who are being affected by bad air quality. Obviously, the State is run by the administration, why liability should not be imposed for such a tort on the concerned machinery also of the various States which are failing to discharge their basic duties. This Court in Municipal Council, Ratlam Vs. Vardhichand & Ors., reported in (1980) 4 SCC 162 has held they have to take proper and positive action in this direction. It is their bounden duty to provide civic amenities, and also to see that self-created bankruptcy does not come in the discharge of the statutory obligation which are necessary for existence of human life. We have seen during the course of the arguments that one State is passing the burden upon the Centre and then it is stated on behalf of the Central Government that they have framed scheme and it for the State Governments to implement it. We expect not only the policy making' but also its 'implementation'. Let the States of Punjab, Haryana, Uttar Pradesh and the Government of NCT of Delhi respond, due to the air pollution, why the concerned Government and its concerned machinery, from top to bottom, should not be asked to compensate the citizens of Delhi and adjoining areas for various diseases which are being caused and sufferings and troubles which are being faced and the report indicates the life span is being shortened. Let show cause notice be issued to the various State Governments, and to the Chief Secretaries, to submit reply within six weeks. Let the matter be listed for consideration on 17.01.2020. The Chief Secretaries to the States of Punjab, Haryana, Uttar Pradesh and Government of NCT of Delhi be personally present on that date." (M.C. Mehta Vs. UOI-W.P. (Civil) No. 13029/1985 dated 25.11.2019)

Vide order dated 22.08.2019 (O.A. 200/2014, dealing with the pollution of river Ganga), this Tribunal issued directions and laid down coercive measures to be taken to restrain discharge of untreated sewage in river Ganga:

"16 .......As already observed by this Tribunal including in the order dated 14.05.2019 that River Ganga being National River with distinct significance for the country, even a drop of pollution therein is a matter of concern. All the authorities have to be stringent and depict zero tolerance to the pollution of River Ganga. Wherever STPs are not operating, immediate bioremediation and/or phytoremediation may be undertaken if feasible. To avoid procedural delay of tender processes, etc. specifications and norms for undertaking such activities may be specified in consultation with the CPCB as was earlier directed in our order dated 29.11.2018. Performance guarantees may be required to be furnished for ensuring timely performance. It needs to be ensured that setting up of STPs and sewerage network to be completed and carried out so as to avoid any idle capacities being created. Performance guarantees may be taken for preventing such defaults.

Wherever the work has not commenced, it is necessary that no untreated sewage is discharged into the River Ganga. Bioremediation and/or phytoremediation or any other remediation measures may start as an interim measure positively from 01.11.2019, failing which the State may be liable to pay compensation of Rs. 5 Lakhs per month per drain to be deposited with the CPCB. This however, is not to be taken as an excuse to delay the installation of STPs. For delay of the work, the Chief Secretary must identify the officers responsible and assign specific responsibilities. Wherever there are violations, adverse entries in the ACRs must be made in respect of such identified officers. For delay in setting up of STPs and sewerage network beyond prescribed timelines, State may be liable to pay Rs. 10 Lakhs per month per STP and its network. It will be open to the State to recover the said amount from the erring officers/contractors.

With regard to works under construction, after 01.07.2020, direction for payment of environmental compensation of Rs. 10 lakhs per month to CPCB for discharging untreated sewage in any drain connected to river Ganga or its tributaries and Rs. 10 lakhs per month to CPCB per incomplete STP and its sewerage network will apply. Further with regard to the sectors where STP and sewerage network works have not yet started, the State has to pay an Environmental Compensation of Rs. 10 lakhs per month after 31.12.2020. The NMCG will also be equally liable for its failure to the extent of 50% of the amount to be paid. Till such compliance, bioremediation or any other appropriate interim measure may start from 01.11.2019."

In Paryavaran Suraksha Samiti v. UOI, (2017) 5 SCC 326, the Hon'ble Supreme Court held:

"10. Given the responsibility vested in municipalities under Article 243-W of the Constitution, as also, in Item 6 of Schedule XII, wherein the aforesaid obligation, pointedly extends to "public health, sanitation conservancy and solid waste management", we are of the view that the onus to operate the existing common effluent treatment plants, rests on municipalities (and/or local bodies). Given the aforesaid responsibility, the municipalities (and/or local bodies) concerned, cannot be permitted to shy away from discharging this onerous duty. In case there are further financial constraints, the remedy lies in Articles 243-X and 243-Y of the Constitution. It will be open to the municipalities (and/or local bodies) concerned, to evolve norms to recover funds, for the purpose of generating finances to install and run all the "common effluent treatment plants", within the purview of the provisions referred to hereinabove. Needless to mention that such norms as may be evolved for generating financial resources, may include all or any of the commercial, industrial and domestic beneficiaries, of the facility. The process of evolving the above norms, shall be supervised by the State Government (Union Territory) concerned, through the Secretaries, Urban Development and Local Bodies, respectively (depending on the location of the respective common effluent treatment plant). The norms for generating funds for setting up and/or operating the "common effluent treatment plant" shall be finalised, on or before 31-3-2017, so as to be implemented with effect from the next financial year. In case, such norms are not in place, before the commencement of the next financial year, the State Governments (or the Union Territories) concerned, shall cater to the financial requirements, of running the "common effluent treatment plants", which are presently dysfunctional, from their own financial resources.

Just in the manner suggested hereinabove, for the purpose of setting up of "common effluent treatment plants", the State Governments concerned (including, the Union Territories concerned) will prioritise such cities, towns and villages, which discharge industrial pollutants and sewer, directly into rivers and water bodies.

We are of the view that in the manner suggested above, the malady of sewer treatment, should also be dealt with simultaneously. We, therefore, hereby direct that "sewage treatment plants" shall also be set up and made functional, within the timelines and the format, expressed hereinabove.

We are of the view that mere directions are inconsequential, unless a rigid implementation mechanism is laid down. We, therefore, hereby provide that the directions pertaining to continuation of industrial activity only when there is in place a functional "primary effluent treatment plants", and the setting up of functional "common effluent treatment plants" within the timelines, expressed above, shall be of the Member Secretaries of the Pollution Control Boards concerned. The Secretary of the Department of Environment, of the State Government concerned (and the Union Territory concerned), shall be answerable in case of default. The Secretaries to the Government concerned shall be responsible for monitoring the progress and issuing necessary directions to the Pollution Control Board concerned, as may be required, for the implementation of the above directions. They shall be also responsible for collecting and maintaining records of data, in respect of the directions contained in this order. The said data shall be furnished to the Central Ground Water Authority, which shall evaluate the data and shall furnish the same to the Bench of the jurisdictional National Green Tribunal.

To supervise complaints of non-implementation of the instant directions, the Benches concerned of the National Green Tribunal, will maintain running and numbered case files, by dividing the jurisdictional area into units. The abovementioned case files will be listed periodically. The Pollution Control Board concerned is also hereby directed to initiate such civil or criminal action, as may be permissible in law, against all or any of the defaulters."

(emphasis supplied)

Vide order dated 28.08.2019 (O.A. No. 593/2017, Paryavaran Suraksha Samiti v. UOI) this Tribunal held:

"15. It is clear from the order of the Hon'ble Supreme Court (Para 10-14 in Paryavaran Suraksha Samiti v. UOI, (2017) 5 SCC 326) that the responsibility of operating STPs under Article 243W and item 6 of Schedule XII to the Constitution is of local bodies who have to evolve norms to recover funds for the purpose which is to be supervised by the States/UTs. The norms were to be finalized upto 31.03.2017 to be implemented from the next year, i.e. 01.04.2018. In absence thereof, the States/UTs have to cater to the financial requirement from its own resources. The States/UTs are to prioritize the cities, towns, villages discharging effluents/sewage directly into the water bodies. Industrial activity without proper treatment plants (ETPs and CETPs) is not to be allowed by the State PCBs and the Secretaries, Environment of the States/UTs are to be answerable. Thus, the source for financial resources for the STPs, stands finalized under the binding judgment of the Hon'ble Supreme Court. Authorities and persons accountable are identified. Rigid implementation has been laid down. This Tribunal has been required to monitor compliance of the directions and timelines.

It is in this background that the present report needs to be appraised and further directions given. As regards the Environmental compensation regime fixed for industrial units, GRAP, solid waste, sewage and ground water is accepted as an interim measure. With regard to setting up of STPs, while we appreciate the extensive work of the CPCB based on information furnished by States/UTs, the challenge remains about verification of the said data on the one hand and analysis of the steps taken and required on the other. There is already a database available with the CPCB with regard to ETPs, CETPs, STPs, MSW facilities, Legacy Waste sites. This needs to be collated and river basin wise macro picture needs to be prepared by the CPCB in terms of need for interventions, existing infrastructure and gaps therein. The States have given timelines which need to be effectively monitored both by the CPCB and the Chief Secretaries in terms of its execution.

As already noted, prevention of pollution of water is directly linked to access to potable water as well as food safety. Restoration of pristine glory of rivers is also of cultural and ecological significance. This necessitates effective steps to ensure that no pollution is discharged in water bodies. Doing so is a criminal offence under the Water Act and is harmful to the environment and public health. 'Precautionary' principle of environmental law is to be enforced. Thus, the mandate of law is that there must be 100% treatment of sewage as well as trade effluents. This Tribunal has already directed in the case of river Ganga that timelines laid down therein be adhered to for setting up of STPs and till then, interim measures be taken for treatment of sewage. There is no reason why this direction be not followed, so as to control pollution of all the river stretches in the country. The issue of ETPs/CETPs is being dealt with by an appropriate action against polluting industries. Setting up of STPs and MSW facilities is the responsibility of Local Bodies and in case of their default, of the States. Their failure on the subject has to be adequately monitored. Recovery of compensation on 'Polluter Pays' principle is a part of enforcement strategy but not a substitute for compliance. It is thus necessary to issue directions to all the States/UTs to enforce the compensation regime, latest with effect from 01.04.2020. We may not be taken to be condoning any past violations. The States/UTs have to enforce recovery of compensation from 01.04.2020 from the defaulting local bodies. On failure of the States/UTs, the States/UTs themselves have to pay the requisite amount of compensation to be deposited with the CPCB for restoration of environment. The Chief Secretaries of all the States may furnish their respective compliance reports as per directions already issued in O.A. No. 606/2018.

The above matter (O.A. No. 593/2017) was further reviewed recently vide order dated 21.05.2020. Reference may only be made to paras 13 and 26 as follows:

"13. The above report shows that some steps have been initiated against non-compliant ETPs/CETPs/STPs while further steps need to be taken. With regard to industries not having ETP or not connected to CETP, pending construction of CETPs as mentioned in the above report, the State PCBs/PCCs may ensure that there is no discharge of any untreated pollutants by the industries and such polluting activities must be stopped and compensation recovered for the noncompliance, if any, apart from any other legal action in accordance with law. As regards non-compliant STPs, further action may be completed by the State PCBs/PCCs and it may be ensured that there is 100% treatment of sewage and till STPs are set up, atleast in-situ remediation takes place. However, on account of Corona pandemic which has affected several on-going activities, the timeline of levy of compensation in terms of order dated 28.08.2019 in O.A. No. 593/2017 read with order dated 06.12.2019 in O.A. No. 673/2018, of 01.04.2020 may be read as 01.07.2020 and 01.04.2021 may be read as 01.07.2021. Further reports may be taken by the CPCB from all the State PCBs/PCCs as per the system evolved by the CPCB from time to time.

... ... ...

Summary of directions:

i. All States/UTs through their concerned departments such as Urban/Rural Development, Irrigation & Public Health, Local Bodies, Environment, etc. may ensure formulation and execution of plans for sewage treatment and utilization of treated sewage effluent with respect to each city, town and village, adhering to the timeline as directed by Hon'ble Supreme Court. STPs must meet the prescribed standards, including faecal coliform.

CPCB may further continue efforts on compilation of River Basin-wise data. Action Plans be firmed up with Budgets/Financial tie up. Such plans be overseen by Chief Secretary and forwarded to CPCB before 30.6.2020. CPCB may consolidate all Action Plans and file a report accordingly.

Ministry of Jal Shakti and Ministry of Housing and Urban Affairs may facilitate States/UTs for ensuring that water quality of rivers, lakes, water bodies and ground water is maintained.

As observed in para 13 above, 100% treatment of sewage/effluent must be ensured and strict coercive action taken for any violation to enforce rule of law. Any party is free to move the Hon'ble Supreme Court for continued violation of its order after the deadline of 31.3.2018. This order is without prejudice to the said remedy as direction of the Hon'ble Supreme Court cannot be diluted or relaxed by this Tribunal in the course of execution. PCBs/PCCs are free to realise compensation for violations but from 1.7.2020, such compensation must be realised as per direction of this Tribunal failing which the erring State PCBs/PCCs will be accountable.

ii. The CPCB may study and analyse the extent of reduction of industrial and sewage pollution load on the environment, including industrial areas and rivers and other water bodies and submit its detailed report to the Tribunal.

iii. During the lockdown period there are reports that the water quality of river has improved, the reasons for the same may be got studied and analysed by the CPCB and report submitted to this Tribunal. If the activities reopen, the compliance to standards must be maintained by ensuring full compliance of law by authorities statutorily responsible for the same.

iv. Accordingly, we direct that States which have not addressed all the action points with regard to the utilisation of sewage treated water may do so promptly latest before 30.06.2020, reducing the time lines in the Action Plans. The timelines must coincide with the timelines for setting up of STPs since both the issues are interconnected. The CPCB may compile further information on the subject accordingly.

v. Needless to say that since the issue of sources of funding has already been dealt with in the orders of the Hon'ble Supreme Court, the States may not put up any excuse on this pretext in violation of the judgment of the Hon'ble Supreme Court."

Vide the order dated 11.09.2019, in O.A. No. 06/2012, dealing with river Yamuna, this Tribunal observed as follows:

"12. One of the major concerns of this Tribunal is that repeated directions remain un-complied and inspite of large scale failures, no accountability is fixed. There is huge loss to public exchequer for which no action is taken. Timelines are conveniently and unilaterally changed. Officers indulge in blame game in shifting responsibility from one to another. There is failure at higher levels in monitoring and taking actions. If this continues, it is difficult to expect any positive change for long. This requires paradigm shift in approach adopted so far. The approach to be adopted is to have clear time-bound plan with flexibility and due to accountability for failure by way of departmental action and monetary compensation. The rescheduled timelines have to be compressed so as to complete every action by December, 2020 except where shorter timelines are specified in this order or are otherwise possible. If any contract permits longer timeline, it is clearly in violation of binding orders of the Tribunal which has attained finality. Violation thereof is per se criminal offence. Such longer timeline has to be consistent with orders of the Tribunal and compressed within 31.12.2020. Failing to do so may invite criminal prosecution NMCG may also monitor the compliance. The Chief Secretaries of Delhi, Haryana and U.P. have to personally see the compliance and have to set up Monitoring Cell directly under them. Vice Chairman, DDA can also monitor and coordinate with Chief Secretary, Delhi. All other departments can monitor subject to overall directions of the Chief Secretaries. This can avoid shifting of responsibilities once ownership is with highest authorities in the State. Monthly review reports may be shared with the Monitoring Committee and also placed on websites of concerned States. Failure and successes of the individual involved may be specifically recorded and reflected in service record of the concerned officer. Stock taking may be done by the Chief Secretaries of the failure and successes so far and appropriate actions be initiated against those who have been responsible for the failure. Nodal Officers may be identified in respect of different projects clearly defining the responsibilities. Wherever there is misappropriation of funds, criminal case has to be registered. Posting of Officers entrusted with the responsibility may be reviewed from time to time depending on their responsibility. Procedure for giving of contracts may be shortened and standardized at State level and if possible at National level by NMCG and CPCB. Giving of contracts should be based on successful credentials instead of mere lowest rates. Pollution load at entry and exist point of each concerned State may or at entry points of each drains need to be recorded periodically. The Chief Secretaries of Delhi, Haryana and U.P. may furnish action taken reports in this regard at the time of their personal appearance before this Tribunal in O.A. 606/2018.

Priorities need to be planned. The first step is to ensure that no pollutant is discharged into the river or drains connected thereto. Projects of setting up and up-gradation of STPs including setting up of interceptors, laying of sewerage line network etc. have to be completed within strict timelines. Pending such action, immediate bioremediation and/or phytoremediation or any other alternative remediation measure may be undertaken as an interim measure. Pollution of river or water bodies is a criminal offence which needs to be checked by setting up ETPs/CETPs/STPs. The Hon'ble Supreme Court has directed ((2017) 5 SCC 326) that establishment and proper functioning of ETPs/CETPs/STPs in the country be ensured. This is to enforce the right of access to water. It has been noted by the Hon'ble Supreme Court that water pollution is the cause of various diseases and also affects food safety apart from affecting the environment as such. Following the said judgment, this Tribunal has directed (Order dated 28.08.2019 in Paryavaran Suraksha Samiti & Anr. V. UOI & Ors., O.A. No. 593/2017) that "All the local bodies have to ensure 100% treatment of the generated sewage and in default to pay compensation which is to be recovered by the States/UTs, with effect from 01.04.2020. In default of such collection, the States/UTs are liable to pay such compensation. The CPCB is to collect the same and utilize for restoration of the environment." While dealing with the pollution of river Ganga, this Tribunal directed:

"Bioremediation and/or phytoremediation or any other remediation measures may start as an interim measure positively from 01.11.2019, failing which the State may be liable to pay compensation of Rs. 5 Lakhs per month per drain to be deposited with the CPCB. This however, is not to be taken as an excuse to delay the installation of STPs. For delay of the work, the Chief Secretary must identify the officers responsible and assign specific responsibilities. Wherever there are violations, adverse entries in the ACRs must be made in respect of such identified officers. For delay in setting up of STPs and sewerage network beyond prescribed timelines, State may be liable to pay Rs. 10 Lakhs per month per STP and its network. It will be open to the State to recover the said amount from the erring officers/contractors.

With regard to works under construction, after 01.07.2020, direction for payment of environmental compensation of Rs. 10 lakhs per month to CPCB for discharging untreated sewage in any drain connected to river Ganga or its tributaries and Rs. 10 lakhs per month to CPCB per incomplete STP and its sewerage network will apply. Further with regard to the sectors where STP and sewerage network works have not yet started, the State has to pay an Environmental Compensation of Rs. 10 lakhs per month after 31.12.2020. The NMCG will also be equally liable for its failure to the extent of 50% of the amount to be paid. Till such compliance, bioremediation or any other appropriate interim measure may start from 01.11.2019."

O.A. No. 200/2014 order dated 22.08.2019

"15. A. (iv):

e). DJB to complete the task of setting up of STPs by 31.12.2020.

g) Bioremediation and/or phytoremediation or any other remediation measures may start as an interim measure positively from 01.01.2020, failing which the Govt. of NCT of Delhi may be liable to pay compensation of Rs. 5 Lakhs per month per drain to be deposited with the CPCB. This however, is not to be taken as an excuse to delay the installation of STPs, sewerage network and its connectivity. For delay of the work, the Chief Secretary, Govt. of NCT Delhi must identify the officers responsible and assign specific accountability. Wherever there are violations, adverse entries in the ACRs must be made in respect of such identified officers for delay in setting up of STPs, sewerage network and its connectivity by the concerned head of the department.

h) The Govt. of NCT, Delhi will be liable to pay Environment Compensation if defaults take place as under:

i. The operational deficiencies of the existing STPs must be rectified within three months failing which Environmental compensation of Rs. 5 Lacs per month for STP shall be deposited with CPCB.

ii. With regard to works under construction, after 01.07.2020, direction for payment of environmental compensation of Rs. 10 lakhs per month to CPCB for discharging untreated sewage in any drain connected to river Yamuna and Rs. 10 lakhs per month to CPCB per incomplete STP, sewerage network and its connectivity will apply.

iii. With regard to the situation where works with regard to STP, sewerage network and its connectivity have not yet started, the Govt. of NCT, Delhi has to pay an Environmental Compensation at the rate of Rs. 10 lakhs per month per STP, Sewerage network and its connectivity after 31.12.2020 for the delay in setting up of the same. It will be open to Govt. of NCT of Delhi to recover the said amount from erring officers/contractors."

We now sum up our directions as follows:

i. 100% treatment of sewage may be ensured as directed by this Tribunal vide order dated 28.08.2019 in O.A. No. 593/2017 by 31.03.2020 atleast to the extent of in-situ remediation and before the said date, commencement of setting up of STPs and the work of connecting all the drains and other sources of generation of sewage to the STPs must be ensured. If this is not done, the local bodies and the concerned departments of the States/UTs will be liable to pay compensation as already directed vide order dated 22.08.2019 in the case of river Ganga i.e. Rs. 5 lakhs per month per drain, for default in in-situ remediation and Rs. 5 lakhs per STP for default in commencement of setting up of the STP.

ii. Timeline for completing all steps of Action Plans including completion of setting up STPs and their commissioning till 31.03.2021 in terms of order dated 08.04.2019 in the present case will remain as already directed. In default, compensation will be liable to be paid at the scale laid down in the order of this Tribunal dated 22.08.2019 in the case of river Ganga i.e. Rs. 10 lakhs per month per STP.

iii. We further direct that an institutional mechanism be evolved for ensuring compliance of above directions. For this purpose, monitoring may be done by Chief Secretaries of all the States/UTs at State level and at National level by the Secretary, Ministry of Jal Shakti with the assistance of NMCG and CPCB.

iv. For above purpose, a meeting at central level must be held with the Chief Secretaries of all the States/UTs atleast once in a month (option of video conferencing facility is open) to take stock of the progress and to plan further action. NMCG will be the nodal agency for compliance who may take assistance of CPCB and may give its quarterly report to this Tribunal commencing 01.04.2020.

v. The Chief Secretaries may set up appropriate monitoring mechanism at State level specifying accountability of nodal authorities not below the Secretary level and ensuring appropriate adverse entries in the ACRs of erring officers. Monitoring at State level must take place on fortnightly basis and record of progress maintained. The Chief Secretaries may have an accountable person attached in his office for this purpose.

vi. Monthly progress report may be furnished by the States/UTs to Secretary, Ministry of Jal Shakti with a copy to CPCB. Any default must be visited with serious consequences at every level, including initiation of prosecution, disciplinary action and entries in ACRs of the erring officers.

vii. As already mentioned, procedures for DPRs/tender process needs to be shortened and if found viable business model developed at central/state level.

viii. Wherever work is awarded to any contractor, performance guarantee must be taken in above terms.

ix. CPCB may finalize its recommendations for Action Plans relating to P-III and P-IV as has been done for P-I and P-II on or before 31.03.2020. This will not be a ground to delay the execution of the Action Plans prepared by the States which may start forthwith, if not already started.

x. The Action Plan prepared by the Delhi Government which is to be approved by the CPCB has to follow the action points delineated in the order of this Tribunal dated 11.09.2019 in O.A. No. 06/2012.

xi. Since the report of the CPCB has focused only on BOD and FC without other parameters for analysis such as pH, COD, DO and other recalcitrant toxic pollutants having tendency of bio magnification, a survey may now be conducted with reference to all the said parameters by involving the SPCB/PCCs within three months. Monitoring gaps be identified and upgraded so to cover upstream and downstream locations of major discharges to the river. CPCB may file a report on the subject before the next date by e-mail at judicial-nqt(a)gov.in.

xii. Rivers which have been identified as clean may be maintained."

...Should citizens continue to suffer inspite of fundamental right to pollution free environment when such massive environment violations are taking pace with impunity? In a country governed by rule of law, crime cannot be allowed to be free. The data already referred to above, shows large scale violation of law in discharging pollutants in the rivers. The law violators include government authorities as well as commercial establishments. There is also large-scale inaction by the statutory authorities entrusted with the task of enforcing the law in preventing pollution by closing polluting activities in discharge of statutory powers and recovering compensation from the polluters. Inspite of large-scale violation, no matching action has been taken against the polluters or authorities entrusted with the task of taking such action. Such action is resulting in avoidable damage to lives and public health and to the environment reversing which may be a difficult task and cost public revenue hugely and allow law violators to go scot free. The Chief Secretaries as well as the Secretary, Water Resources who were expected to monitor meaningfully by way of taking and overseeing action do not appear to have done so for reasons difficult to fathom.

We reiterate our directions in order dated 6.12.2019 in the present matter, reproduced in Para Error! Reference source not found, above, read with those in order dated 21.5.2020 in OA 873/2017 and direct CPCB and Secretary, Jal Shakti to further monitor steps for enforcement of law meaningfully in accordance with the directions of the Hon'ble Supreme Court and this Tribunal. The monitoring is expected with reference to ensuring that no pollution is discharged in water bodies and any violation by local bodies or private persons are dealt with as per mandate of law as laid down in orders of the Hon'ble Supreme Court and this Tribunal without any deviation from timelines. The higher authorities must record failures in ACRs as already directed and recover compensation as per laid down scale. Every State/UT in the first instance must ensure that at least one polluted river stretch in each category is restored so as to meet all water quality standards upto bathing level. This may serve as a model for restoring the remaining stretches."

A further report was called on previous date by the Maharashtra Pollution Control Board with regard to the facts as to whether the STPs under construction have been completed or not and in compliance thereof, MPCB has submitted the report dated 14.07.2020 which is as follows:

"1. Ahmednagar Municipal Corporation has started execution work of STP having capacity of 57 MLD at the aforesaid site.

The said STP is comprising of Inlet Chamber, Mechanical 86 Manual Screen Channel, Grit Chamber, SBR basins, Sludge Sump, Chlorine Contact Tank (CCT), Civil work of all units is in progress. Mechanical and Electrical work is not started till the date. At present overall 25-30% work of STP is completed.

They have propose 2 Nos. of pumping stations at Fulsaunder Mala and Babar Mala, out of which work of pumping station at Fulsaunder Mala is in progress. Work of pumping station at Babar Mala yet to be started.

Work of rising main (Sewage Pumping Line) from pumping station to STP not started."

The matter has already been decided by the Principal Bench of this Tribunal and thus, we direct the Municipal Corporation to do the needful and Bioremediation and/or phytoremediation or any other remediation measures may start as an interim measure immediately failing which the State and the Municipal Corporation will be liable to pay compensation to tune of amount of Rs. 5 Lakhs per month per drain to be deposited with the CPCB. This, however, is not to be taken as an excuse to delay the installation of STPs, sewerage network and its connectivity. For delay of the work, the Chief Secretary of the State must identify the officers responsible and assign specific accountability. Wherever there are violations, adverse entries in the ACRs must be made in respect of such identified officers for delay in setting up of STPs, sewerage network and its connectivity by the concerned head of the department.

Since the application is pending from 2015 and several directions have been issued to the authorities concerned but due to negligence or inactive part on the part of the Municipal Corporation, the desired target has not been achieved and the public is suffering due to the problem within the municipal area of Ahmednagar.

Accordingly, we direct the authorities as follows:

(i) Municipal Corporation, Ahmednagar is directed to ensure the completion of the project within a time limit and the officer responsible for the delay be strictly dealt with.

(ii) To ensure no sewage or untreated water is discharged into the river or water bodies or in open land.

(iii) Direction as issued in para 38 and 47 of the Original Application No. 673/2018 dated 22.06.2020 must be strictly complied and non-compliance of the order will result the realization of EC.

(iv) The State PCB is directed to calculate the EC in accordance with the direction issued in para No. 38 and 47 of the order passed in the order mentioned above.

It is to be noted that for the negligence of those to whom public duties have been entrusted can never be allowed to cause public mischief and on the principal of this, it is desirable that the bank guarantee to tune of Rs. 50 lacs which has been deposited by the Municipal Corporation to the Collector should be forfeited but since it is the State money, thus, we refrain ourselves from forfeiting this money and direct the Collector of Ahmednagar to see the matter personally and ensure that the STPs under construction must be completed immediately without any delay and the sewage must be connected and the STPs must be maintained as per standards and after completion of the STPs, as per specification and standard, the amount so deposited, be returned back to the depositor.

The progress and action taken report may be submitted to this Tribunal by the State PCB by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF after three months.

With these observations, the application is finally disposed of.