RWA Society vs Govt. of NCT of Delhi

The issue for consideration is the remedial action against the bad odour from the STP, Kondli in Delhi, as the STP is not operated as per norms. The matter has been considered in the last two years on several occasions but we find the response of the Delhi Jal Board (DJB) to be disappointing.

The matter was considered on 27.09.2019 and direction was issued for further appropriate action by the Delhi Jal Board (DJB) in light of the report of the Delhi Pollution Control Committee (DPCC). The operative part of the order is as follows:

"2. Vide order dated 04.07.2019, the Delhi Pollution Control Committee (DPCC) and the Delhi Jal Board (DJB) were required to furnish a factual and action taken report. In the report filed by the DPCC, it is stated that based on water laboratory analysis ofthe samples collected at the outlet, 25 MGD STP (Phase-II) and 45 MGD STP (Phase-IV) are not meeting the prescribed standards and vide directions issued on 24.09.219, the DJB has been required to provide effective odour control mechanism by 31.03.2020. The said direction also required the DJB to rectify the deficiencies for proper operation and maintenance of STPs at Kondli.

Mr. A.N.S. Nadkarni, learned ASG appearing for the DJB states that the work order dated 30.08.2019 has been issued for providing consultancy services contemplating the completion of the work.

In view of seriousness of the violation of norms resulting in bad odour, the DJB may ensure that all remedial actions are completed by 31.03.2020 as directed by the DPCC and with this timeline in mind, all the necessary procedures may be preponed accordingly. The DJB may specify the person responsible for ensuring such compliance and consequences for failure including disciplinary action and recording such failure in the ACR. Name of such officer may be notified on the website of the DJB within one week from today.

A progress report as on 31.12.2019 be filed on or before 15.01.2020 by the DJB by e-mail at [email protected]."

The matter was last considered on 09.07.2021 and finding failure of the DJB to perform its obligation of preventing odour at the STP. The Tribunal directed DJB to take further necessary action in the matter. The operative part of the order is reproduced below:

"1 to 6. xxx ........................... xxx ..................................xxx

The applicant has submitted that inhabitants of the area are still forced to inhale hazardous gas on account of failure of the DJB.

There is no improvement. Mere spraying of chemical solution and other superficial steps are not effective in absence of installing effective odour control unit.

We find that though it was earlier stated that odour control systems will be installed, in terms of report of the DJB dated 15.01.2020, no such steps have been taken. Merely dosing of Ferric Chloride, Primary Thickener-A covering and some plantation can hardly be held to be adequate steps in the matter.

It is clear that the DJB has failed to perform its obligation of preventing odour at the STP and only superficial steps have been taken to claim that odour has been controlled. The problem has been persisting since long but plea of pandemic is being taken to justify inaction. Contrary to earlier commitment of installing an effective system, now it is stated that the odour has been controlled by spray etc. which is difficult to be expected. We note that in OA 882/2018, Jagdish vs. Govt of NCT, relating to Mayur Vihar STP, disposed of on 28.5.2019, the Tribunal noted the stand of the DJB that odour control system of latest technology will be installed at the present STP i.e. Kondli also. The Tribunal directed the Central Public Heath Engineering Organisation (CPHEO) to bring out a manual on the subject. CPCB, in compliance of the order, filed a report before this tribunal on 29.8.2019 that a manual had already been published on the subject by the CPHEO in the year 2013 laying standards systems and technologies on odour control in operation of the STPs.

We do not understand why DJB is now shirking its responsibility and taking a contra stand that small steps taken are enough and no odour control system is required. This stand is against public interest and noncompliance of order of this Tribunal.

Accordingly, in terms of order dated 23.02.2021, the DJB is held to be liable to pay cost of Rs. 5 lakh per month from 01.06.2021 till compliance. The CEO, DJB will be personally responsible for compliance. The CEO, DJB will be at liberty to take action against the erring officers in the matter. The CEO, DJB may remain present in person through video conferencing, along with the compliance status on the next date. The amount of costs be deposited with the CPCB to be utilised for restoration of the environment."

In pursuance of above, a report has been filed on 11.11.2021 interalia stating as follows:

"2. That in compliance of directions passed by this honourable tribunal vide its order dated 9 July 2021, Delhi Jal Board after taking approval from the Competent Authority, has issued Work Order to Joint Venture of M/s Aaxis Nano Technologies Pvt. Ltd. & M/s. Aquachem Enviro Engineers Pvt. Ltd. vide Work Order No. 24(2021-22) dated 19.08.2021 for the work of "Retrofitting of 45 MGD (PhaseIV) at Kondli, Delhi with Odour Control Units along with O&M of 5 years" (hereinafter referred to as Odour Control System).

That the Contract Agreement (CA) has been executed between Delhi Jal Board and JV of M/s. Aaxis Nano Technologies Pvt. Ltd & M/s. Aquachem Enviro Engineers Pvt. Ltd. vide CA No. 20(2021-22) dated 12.08.2021.

That as per the work order issued to the contractor, the said work has to be completed within five months with regard to Supply, Installation, Testing & Commissioning of Odour Control System and thus as per the terms and conditions of the work order the work of installation and commissioning will be completed by January 2022.

That it is pertinent to mention here that substantial civil work at the site has been completed by the contractor. A true copy of the photographs of the site is being annexed herewith and marked as Annexure A/1 (Colly.).

That it is further submitted that the odour control system which is to be installed is supposed to be imported from Netherlands, Europe as per the specification mentioned in the agreement. It is submitted that Purchase Order has been placed by the executing agency to the manufacturer of Odour Control System which is expected to be received at the site from the manufacturer by December, 2021. A true copy of the purchase order of Odour Control System is being annexed herewith and marked as Annexure A/2.

That the software for the purposes of online monitoring of Hydrogen Sulphide parameters as well as mobile application has been developed and is under testing stage and portable devices for H2S monitoring has been procured by the contractor.

That it is' pertinent to mention here that Delhi Jal board is carrying out round the clock dosing of ferric chloride, so as to curb the bad odour. It is relevant to submit here that the results of dosing have been encouraging and the Sulphide content has considerably reduced and are under permissible limits as mentioned in the CPHEEO manual. A true copy of the CPHEEO Manual and Analysis Report of Sulphide before and after dosing of Ferric Chloride is being annexed herewith and marked as Annexure/3 and A/4 respectively."

In view of above, DJB may take further remedial action in terms of order dated 09.07.2021. It may be ensured that the STP complies with the standards in terms of the consent, it operates as per its designed capacity and excess effluent is not bypassed untreated, in violation of the Water Act. Foul smell must be duly remedied. New odour control system may be duly assessed from time to time about its effectiveness and pending installation, interim effective arrangements be made for control of odour and compliance of standards.

The application is disposed of.