"Dr Lokesh Kumar Vs State of Haryana & Ors "

1. We have received an adjournment application from Shri Rahul Khurana, learned Counsel for Haryana State Pollution Control Board (hereinafter referred to as “HSPCB”) but he is present today and stated that we may proceed with the matter and he is not pressing adjournment application. The application is accordingly rejected.

2. This Original Application (hereinafter referred to as “O.A.”) under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as “NGT Act, 2010”) was registered by exercising suo motu jurisdiction on a letter petition dated 08.05.2023 sent by Dr. Lokesh Kumar, Secretary, Indian Water Quality Association, resident of 119, Prajapati Palace, Khampur Village, G.T. Karnal Highway Road, Post Office Alipur, Delhi.

3. The complainant said that due to poor maintenance and degrading conditions, Drain No. 6 of Haryana State is carrying heavy polluting material for which Irrigation and Flood Control Department of Haryana is responsible. This drain is filled with trash, garbage, litter and sludge. Drain No. 6 is most polluting drain in Haryana State filled with a high load of garbage, etc. Drain No. 6 and 8 flow parallel in Sonipat/Kundli District. Water flowing in Drain No. 8 is comparatively clean which merges into Yamuna river. Yamuna River water is augmented with Drain No. 8 and water is used in Water Treatment Plants of Delhi for making it potable for drinking purposes. Frequently, Drain No. 6 overflows and leaches to Drain No. 8 and pollutes it. This has become a cause of Yamuna upstream pollution due to intrusion of highly polluted wastewater from Drain No. 6 to Drain No. 8.

4. The letter petition was considered by Tribunal on 02.08.2023 and finding that allegations made in the letter petition prima-facie do give rise to a substantial question relating to environment due to implementation of Scheduled enactments on NGT Act, 2010, Tribunal found it appropriate to proceed in the matter but before taking further action it called for a factual report by constituting a Joint Committee comprising Ministry of Environment Forest and Climate Change (hereinafter referred to as “MoEF&CC”), Central Pollution Control Board (hereinafter referred to as “CPCB”), HSPCB, and Delhi Jal Board (hereinafter referred to as “DJB”). Said Committee was required to submit a factual report after visiting site and collecting relevant information, etc. Tribunal also issued notices to following five respondents by impleading them as Respondents 1 to 5:

(1) State of Haryana through Chief Secretary, Govt. of Haryana,

(2) Engineer in Chief, Irrigation and Flood Control Department, Haryana,

(3) Haryana State PCB,

(4) District Magistrate, Sonipat and

(5) Delhi Jal Board through Chief Executive Officer.

5. Pursuant to order dated 02.08.2023, Regional Officer, Sonipat Region, HSPCB filed Joint Committee report dated 06.11.2023. It is stated that Drain No. 6 is mainly carrying treated and untreated effluent from various sources of District Sonipat but whole stretch of approximately 7 km of Drain No. 6 along Drain No. 8 was not lined. An inverted siphon was created for Drain No. 6 near village Akbarpur Barota to have cross drainage network over drain no. 8. Thereafter, drain no 6 flows parallel to Drain No. 8, travel a distance about 7 km to meet abandoned Drain No. 6. Abandoned drain No. 6 enters into territory of Delhi at Narela Town leaving Sonipat. The Drain No. 8 originates from Gohana at Mahara Head Works and terminates into River Yamuna at Village Dahesra, Sonipat. This drain no. 8 is reported to have a length of about 68 km carrying fresh water, to meet River Yamuna crossing through Sonipat. Effluent from Drain No. 6 is mixed into the Diversion Drain No. 8 and the reasons for such diversion are also mentioned in the report. The factual position noticed by Joint Committee, action taken and action plan mentioned in the said report is reproduced as under:

“2.1 Factual Position of the site:

The Joint Committee has undertaken a visit on 25.09.2023 of the site and travelled along the various stretches of the drains and recorded the following observations.

I. The drain no. 6 originates from Town Samalkha, Distt. Panipat, near Chulkana railway-crossing and then enters into the jurisdiction of Sonipat at village Garhi Jhjjara.

II. The drain is mainly carrying the treated and untreated effluents from various sources of district of Sonipat. It is pertinent to mention here that the whole stretch (approximately 7 km) of drain no. 6 along the drain no. 8 was not lined.

III. Created is an inverted siphon for drain no. 6 near village Akbarpur Barota to have cross drainage network over drain no. 8. Thereafter, drain no 6 flows parallel to drain no. 8 and traveling a distance about 7 km to meet abandoned drain no. 6. Further, abandoned drain No. 6 enters into the territory of Delhi at Narela Town while leaves Sonipat.

IV. The drain no. 8 originates from Gohana at Mahara Head Works and terminates into River Yamuna at Village Dahesra, Sonipat. The drain is reported to have a length about 68 km. This drain no. 8 is carrying fresh water due to escape to River Yamuna crossing through Sonipat. The information provided to the committee suggests that there is no discharge of any polluted water within the district Sonipat. The index map of the drain no. 6 and drain no. 8 is appended below:

V. The Committee was further informed that the dredging of the drain no 6 is periodically done by the Municipal Corporation, Sonipat in the municipal limits and by Irrigation & Water Resource Department outside the municipal limits. The last dredging was done in the month of June, 2023.

VI. The Committee however, noticed the deposition of silt in the flow path and on the bed of drain and thereby carrying capacity is estimated to have greatly reduced. It was also observed a very less flow of water in the drain no. 8 which is expected to have caused due to leakages from the sluice gates provided at the drain head.

VII. The effluent from Drain no 6 is mixed in to the Diversion Drain no. 8 due to following reasons:-

1) It was observed that discharge from drain number 6 not being completely carried through inverted siphon and at the inlet of siphon the discharge found overflowing and mixing with the water in the drain no. 8, possibly due to partial clogging of the inlet of inverted siphon or under designed system.

This   needs   immediate   attention   of   the authority concerned responsible for maintaining the drainage system and canal as well. In fact, this has defeated the very purpose of having provided cross drainage network associated with the objective of preventing the canal water from being mixed with waste water of the drain.

2) The common wall / bund, provided to maintain separates flow between water carrying by the canal (drain no. 8) and that of with waste water carrying by the drain no 6 was not only found of insufficient height but damaged at many points / stretches and resulted in mixing of waste water with canal water. The insufficient height and inadequate strength of bund wall needed to have been seen seriously by the authority in order to keep the canal water prevented from being contaminated. The failure of the concerned authority in maintaining the required strength and height of bund / wall has caused a huge environmental damage in terms of quality deterioration of both surface and ground water and therefore liable for an environmental compensation.

The photographs of the sites exhibiting damage of the common wall / bund of drains and mixing of the effluent are attached Annexure 2.

VIII. The water quality monitoring was undertaken for various parameters in order to have an assessment of water quality of canal (drain no. 8) and the impact that could have caused on its quality due to intermittently mixing of waste water from different stretches during the course of travelling the drain no. 6. The analytical results of the same are tabulated below:

 Table:1

The table reveals the following:

a) Ammonical Nitrogen (as N) concentration from (2.24 to 16.24 mg/l) has been detected from all the samples collected during the visit, except the sample drain no. 8, near vill. Akbarpur Barota before mixing drain No.6, Sonipat.

b) A large number of fecal coliform bacteria (over 400 MPN/100 milliliters (ml) of water sample) are found in all the samples collected during the visit, indicating various possible non-point sewage contaminations in the drain.

c) It was observed during the visit that the drain 6 was carrying highly colored wastewater, an indicator of severe water pollution, which even persists at the confluence point of effluent from drain no.6 to drain no. 8 at G.T. Road, Pio-Maniyari, Sonipat. The entire area along the drain was permeated with a foul smell.

d) The above table is also suggesting that a detailed toxicology study required to be undertaken by an institute of repo to understand the impact that has caused on ecological systems of canal carrying river water deemed to be used for drinking purpose at downstream.

2.2 Point Sources discharging into the drain:

The major point sources of discharge into the drains are:

1. Discharge of 7 MLD STP Ganaur, Sonipat.

2. Discharge of 16 MLD CETP Industrial Area, Barhi, Sonipat.

3. Discharge of 25 MLD STP Kakroi Road, Sonipat.

4. Discharge of 30 MLD STP Rathdhana Road, Sonipat.

5. Discharge of 10 MLD CETP Industrial Area, Rai, Sonipat.

6. Discharge of 10 MLD CETP Industrial Area, Kundli, Sonipat.

The compliance status of the above STPs/CETPs is tabulated below.

Table:2

In addition to the above sources of pollution into the drain, untreated discharge from the MC, Sonipat also takes place. It is estimated that about 31.48 MLD of untreated sewage is discharged from 27 no of untapped point where BOD was found ranging from 58 mg/l to 260 mg/l.

2.3 Action Taken against the non complying STPs and CETPs:

2.4 Action plan for the tapping of the untreated sources of discharge:

The Action plan for the tapping of all the points of untreated discharge has already been prepared by MC, Sonipat and the updated status reports are submitted in OA No.6/2012 titled as Manoj Mishra v/s UOI & Ors. The copy of action plan as received by the Committee is attached as Annexure-3.”

6. Reply has also been filed by Irrigation and Water Resources Department, State of Haryana, i.e., Respondents 1 and 2. Stand taken therein is that Drain No. 6 is a separate drain with an outfall into Drain No. 8 at RD 53500/left (Point J) wherein it has been tapped and its flow is siphoned into New Drain No. 6. Thus, New Drain No. 6 (K to L) off takes

from outfall of Drain No. 6. New Drain No. 6 was constructed in the year 200708 as at that time water was released into Drain No. 8 from the escape of Carrier Lined Channel (CLC) RD256000 (F to G) for maintaining pond level of Wazirabad in terms of order dated 29 February 1996 of Supreme Court. Since flow of Drain No. 6 (I to J) could pollute this fresh water to separate these flows, New Drain No. 6 (K to L) was carved out to take discharge of Drain No. 6 directly to abandoned drain No. 6 (M to L to P) or in other words New Drain No. 6 (K to L) was constructed as a link between outfall of Drain No. 6 (I to J) to the offtake of abandoned drain No. 6 (M to L to P), to avoid flow of polluted water into Drain No. 8. In December 2014, CLC (F to G to H) was made fully functional upto RD 334336 tail, i.e., Haiderpur WTP. Subsequent to December, 2014 no water has been released into DD No. 8 from escape of CLC. Entire drinking water share of Delhi as well as additional water required to be delivered for compliance of the Hon'ble Supreme Court of India order dated 29 February 1996 is now delivered through canal system comprising two canals namely Carrier Lined Channel (CLC) (F to G to H) and Delhi Branch/Delhi Sub Branch (D to E to H). It is said that there is no question of mixing of polluted water with fresh water supply to WTPs of Delhi and contention raised by applicant is not correct. Respondents 1 and 2 in paragraph 5 and 6 of reply have further said as under:

“xxx……………………………..xxx……………………………….xxx

5. That it is further submitted that New Drain No. 6 has been designed with submerged design as in case of low discharge in DD No. 8, the flow into New Drain No. 6 and D.D. No. 8 would flow separately but whenever there is high flow in DD No. 8, then flow of DD No. 8 and New Drain No. 6 would mix up as New Drain No. 6 having very low discharge as compared to full supply discharge of DD No. 8. This project was consented to by the Jal Board (DJB) and the project was also funded by DJB itself.

6. That now a days due to continuous flow, sometimes there are mishaps in New Drain No. 6, causing spillage of its flow and the same is controlled immediately by the Division Office of Irrigation Department, Haryana at Delhi. However, this spillage does not affect drinking water supply of Delhi as Haryana is supplying water through canal system only as explained above and DD No. 8 has hardly any flow during non monsoon season.

Even if we consider this spillage, which is not more than few cusecs in any case, its quantum of water cannot pollute river flow.”

7. Joint Committee report dated 06.11.2023 and reply dated 21.12.2023 filed by Respondents 1 and 2 were considered by Tribunal on 22.12.2023. Tribunal observed that from reply of Respondents 1 and 2 it is evident that they have not even gone through the report of Joint Committee and hence, no remedial measures in the light of observations and recommendation made by Joint Committee have been taken. In fact, Tribunal found reply of Respondents 1 and 2 highly dissatisfactory and made serious observations deprecating the stand taken by Respondents 1 and 2. Tribunal directed personal appearance of Birender Singh, Engineer-in-Chief (EIC) Irrigation and Water Resources Department, Haryana on the next date to show cause as to why punitive action may not be taken for past violations. Engineer-in-Chief (EIC) Irrigation and Water Resources Department, Haryana was also directed to take remedial measures in view of observations and recommendations made by Joint Committee and file action taken report within two months. Tribunal also impleaded Govt. of NCT of Delhi through Chief Secretary finding it to be a necessary party for adjudicating the issues raised in the matter.

8. Pursuant to order dated 22.12.2023, Mr. Birender Singh, Engineer-in-Chief (EIC), Irrigation and Water Resources Department, Haryana is present today and a report dated 05.03.2024 has also been filed wherein after noticing observations of Joint Committee, action taken for remediation are mentioned in Paragraph 3(ii), (iii) and (iv), as under:

“3. That in compliance to the observations and directions of this Hon'ble Court, it is humbly submitted that-

(i) xxx ……………………………….xxx…………………….xxx

(ii) The inlet structure of syphon at RD 0 of Drain No. 6 i.e. its outfall point of Drain No.6 into into D.D. No.8 and offtake point of New Drain No.6 has been repaired and internally cleared through suction machine provided by Municipal Corporation, Sonipat, at a cost of Rs. 0.92 Lacs to avoid mixing/overflow of effluent with water of D.D. No. 8 during lean period and trash rack also been installed in front of syphon to avoid choking of syphon by garbage/floating materials.

(iii) Desilting of New Drain No. 6 from RD 0 to 24100 tail has been completed by deploying two pocklane machines for 28 days at a cost of Rs. 15 lacs.

(iv) Tender for the work of Construction of closed conduit pipeline for disposal of untreated effluent of Drain No.6 in the bed of Diversion Drain No. 8 from RD 53500 to RD 29400 to prevent intermixing of waste water to raw water has been opened on 02.03.2023 and financial bids are in process of approval. The time period likely to be taken in completion of work is 12 months, 5 days from date of award of work order.”

9. Besides above, on behalf of DJB, a report dated 04.03.2024 has been filed by Superintending Engineer (WW)-III, Chandrawal Water Works No. I, Delhi Jal Board, Civil Line, Delhi. After noticing observations made in Joint Committee report, DJB has made its submissions stating that so far as diversion Drain No. 6 is concerned, it is State of Haryana which is responsible and action is required to be taken by Haryana State Authorities. With regard to action taken by DJB, it is said that it made several correspondences with different agencies regarding ammonia pollution in Yamuna river water at Wazirabad pond. The stand taken by DJB in para 5 of reply is reproduced as under:

 “5. in furtherance to the Joint Committee report dated 06.11.2023 and in compliance of the order dated 22.12.2023 and directions by this Hon'ble Tribunal, the Delhi Jal Board seeks to submit:

1. Jurisdiction of Haryana

The issue concerning Diversion Drain No. 6 (DD6) in Haryana State requires action from the Haryana state authorities. However, their neglect is affecting the water quality in DD8, which in turn impacts the Yamuna water reaching Wazirabad pond. Treatment is hindered due to high pollutants. This situation could lead to a water crisis in Delhi. particularly affecting the production of water at Wazirabad and Chandrawal Water Treatment Plants (WTPs). These plants supply potable water to important areas such as the President's House, Prime Minister's House, the Honorable Supreme Court & High Court, NDMC, and others.

2. Action Taken by DJB

The table below outlines the written correspondences from the Delhi Jal Board (D.113) to different agencies regarding ammonia pollution in the Yamuna River water at Wazirabad pond. Each letter demonstrates the requests made to the concerned authorities of the Haryana Irrigation Department. Haryana State Pollution Control Board. and Irrigation & Water Resources Department to implement concrete measures to prevent pollution from entering the Yamuna River water. This action is crucial to ensure uninterrupted supply of potable water to the people of Delhi.

True Copy of the Letters written by D.113 to various concerned authorities of Haryana is annexed herewith and marked as ANNEXURE -2 (COLLY)

3. Present Status

Presently, there have been no visible improvements in the physical condition of DD6 to prevent sewage water from mixing with DD8. However, regular follow-ups are being conducted with officials from the Haryana Irrigation Department (HID) and Haryana State Pollution Control Board (HPCB) to ensure necessary action is taken. Joint sampling is also being carried out at specific locations for monitoring purposes. Recently, DM and HPCB officials conducted such sampling at Bhaira village near Dahisra village, downstream at Dahisra, and upstream at KGP from the bridge on 12-2-24. True copy of ammonia nitrogen report indicating that ammonia levels exceeded 1 mg/litre at each sampling point is annexed herewith and marked as Annexure -3.”

10. Regional Officer, HSPCB, Sonipat Region has also filed its reply dated 05.03.2024 on behalf of Respondents 3 and 4. It has summarized various actions taken by concerned authorities which included immediate remedial measures and also gives details of long term measures which are in the process and would be completed in due course of time, expeditiously. Relevant extract of reply is reproduced as under:

“1. The inlet of the inverted siphon has been repaired by the Irrigation & Water Resource Department and the mixing of the effluent from Drain no 6 to Diversion Drain no 8 from the inlet of the siphon is stopped. The before and after photographs are attached as Annexure – 2.

2. The clogging of the inlet of the inverted siphon has been cleared resulting that there is no overflow and mixing with the water in the Diversion Drain no 8, due to partial clogging of the inlet of inverted siphon.

3. The Irrigation & Water Resource Department has done the dredging/desilting of the Drain no 6 in the complete stretch of parallel flowing of the Drain no 6 and Diversion Drain no 8 which results in significant increase in the carrying capacity of Drain no. 6.

4. The Irrigation & Water Resource Department has proposed conversion of Drain no. 6 into closed conduit pipeline in the bed of Diversion Drain no 8 from RD 53500 to RD 29400 to prevent intermixing of waste water from Drain no. 6 to raw water of Drain no.8 ad the tender for the same has been opened on 02.03.2023 and financial bids are in process of approval.

5. Fresh survey of the Drain no. 6 have been conducted by the team of HSPCB and Irrigation & Water Resource Department and it was found that still there are 21 no of point sources of untreated discharge exists in the Drain no. 6, out of which 17 no of point sources are related to Municipal Corporation Sonipat and 04 no of point sources are related to Villages and to be tapped by Panchayat Raj Department. Time Bound action plan for tapping of these point sources of untreated discharge has been submitted by the concerned authorities and copy of the same is attached as Annexure -3.

6. The up gradation work of the 7 MLD STP Gannaur, Sonipat which was reported as non complying in the report of Joint Committee has been completed and now this STP is complying. The copy of the latest analysis report is attached as Annexure4.

7. The Upgradation work of 16 MLD non complying CETP at Barhi, Sonipat has been escalated to the maximum possible extent and work is likely to be completed by 31.03.2024.

8. HSIIDC has set up a new 10 MLD CETP at Barhi, Sonipat, which is likely to be operational by 10.03.2024, which will reduce the effluent load and significantly improve the performance of 16 MLD CETP at Barhi, Sonipat.

9. HSPCB has also engaged Punjab Biotechnology Incubator, Mohali for the toxicological study of the Drain no. 6 as suggested by the Joint Committee in its report. Preliminary survey of the drain no. 6 has been conducted by the Joint Team of the HSPCB and Scientists of PBI, Mohali on 28.02.2024. Sampling locations has been identified by the Team keeping in view all the aspects. Toxicological study will be completed tentatively within 02 months.

10. HSPCB has also done monthly monitoring of drain no.6 and diversion drain no. 8 at the upstream and down stream of the drains so that the trend of water quality of the drains can be ascertained and immediate action can be taken on the responsible departments/agencies to take necessary remedial measures.”

11. Today, we have received from Applicant communication dated 06.03.2024 along with which it has submitted a water analysis report of Yamuna River mentioning its water quality status but the said document does not show as to who has made the said testing and when sample was collected and other requisite details. Therefore, we do not find the said document reliable, for any purpose.

12. Moreover, main complaint is in respect of two drains while the above report is in respect of water quality of Yamuna which is already a matter under consideration before Tribunal in OA No. 6/2012, Nizamuddin West Association vs. Union of India, therefore, we do not find that the matter of Yamuna river to be made an incidental issue in the present case when entire wider issue is already pending consideration before Tribunal in another matter.

13. However, we make it clear that water quality of raw water intake of river Yamuna for drinking water supply of Wazirabad Water Works has to be and should be maintained as per drinking water quality standards.

14. Confining to the complaint of Applicant, we find that immediate remedial actions have been taken by the authorities concerned. Steps are also being taken for compliance of long-term measures.

15. Shri Rahul Khurana, learned Counsel for HSPCB stated that long term measures shall be complied with, as mentioned in the report, within 12 months with respect of construction of closed conduit pipeline for disposal of effluent of Drain no. 6 to prevent intermixing of waste water to raw water. We find that about 100 MLD of mixed trade and sewage effluents are flowing in Drain no. 6. Further CETP at Barhi is non-compliant. Performance of other STPs with respect to fecal coliform has not been disclosed. Hence, violations of Water (Prevention and Control of Pollution) Act, 1974 are evident.

16. In the above circumstances, we accept the report. We further direct Respondents: (i) to continue to maintain the two drains regularly so that there may not be any occasion of diversion of sewage from one drain to another which may cause pollution; (ii) to complete long term measures for construction of closed conduit as are stated in the above reports within 12 months from today; (iii) HSPCB shall continue to monitor the above work and ensure that there should not be any cause of pollution on account of any negligence in maintenance of the above drains as well as from CETPs and ensure that no violation is observed by any of the official respondents in the matter and if there is any occasion of violation, appropriate preventive, punitive and remedial action shall be taken in accordance with law; (iv) HSPCB shall submit a compliance/progress report with Registrar General of Tribunal of next six months, by 15.09.2024 who, if finds necessary, may place the matter thereafter before the Bench for further orders

17. With the above directions, this original application is disposed of.