IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR WP No. 19102 of 2019 (VISHVAJEET RATONIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

WP No. 1653 of 2023 (SARTAJ SINGH TOMAR Vs UNION OF INDIA AND OTHERS)

WP No. 1909 of 2023 (UMESH KUMAR BOHRE Vs GOVT. OF INDIA THR. AND OTHERS)

Dated : 15-04-2024 Shri Yash Sharma - Advocate for the petitioner in W.P.

No.19102/2019.

Shri Ankur Mody - Additional Advocate General for respondent/State.

Shri K.N. Gupta - Senior Advocate with Shri Shailendra Singh Kushwah - Advocate as amicus curiae.

Shri Deepak Khot- Advocate for respondent/Municipal Corporation, Gwalior.

Shri Awadhesh Tomar, Advocate for the proposed intervener.

Shri Harsh Singh, Commissioner, Municipal Corporation, Gwalior, Ms. Savita Pradhan, Joint Director, J.D. Office Gwalior, Ms. Neetu Mathur, CEO Smart City Gwalior, Shri Vijay Raj, Additional Commissioner, Municipal Corporation, Gwalior, Shri Amar Satya, Nodal Officer, Swatch Bharat Mission, GMC, Shri Ankit Pandey, DFO, Shri Agnivesh Singh, Executive Engineer, Water Resource Department, Harsi Divison, Dabra and Shri Mohmmad Zulkarnain- representative of Rudrabhishek Enterprises Pvt. Ltd. (R.E.P.L), are present in person. All these three writ petitions are being heard on successive dates, as evident from previous order sheets. After number of hearings and discussions, sizable material has been placed before this Court for consideration under three broad issues, namely :-

(i) Revival of Swarnarekha river;

(ii) Repairs and reinforcement including laying of sewage network in some areas of 66 wards of Gwalior Municipal Corporation as well as up-

gradation of sewage treatment plant and;

(iii) Collection of garbage and treatment through bio-

remediation.

There are 66 wards within the limits of Municipal Corporation Gwalior. Total length of sewage network across the wards is approx. 1800-1900 kms. During the period of 2014-2024, Rs.423.26 crores has been released by the Government of Madhya Pradesh to the Municipal Corporation, Gwalior for reinforcement and repairs of sewage lines. It is stated at bar that 400.46 crores has been spent for laying, reinforcement and repairs of sewage lines in the area of 300 to 400 kms and about 1500 kms. area did not require such repairs.

Recently, Rudra Abhishek Enterprises Pvt. Ltd. has been assigned the work of preparation of DPR for sewerage system in May 2022. Team Leader Shri Mohmmad Zulkarnain, present in court, states that there is requirement of total sewage net-work of 1800-1900 kms. The existing network is only of 1500 kms, out of which there is requirement for replacement of 20%. In other words, about 300-400 kms. new lines are required to be laid. It further transpires that to stop flow of sewage water and solid waste in the Swarnarekha river, the outlet points spread over from Ward No.1 to 47 are required to be plugged for which about 100 kms. sewage line is required to be repaired and 100 kms new lines are required to be laid. Only after completion of such exercise, 13 kms. Trunk line from Hanuman Bandh to Jalalpur Treatment Plant could be laid.

Shri Mohd. Zulkarnain states that the project report shall be prepared within one month as indicated in affidavit dt.4.4.2024. Therefore, in all fairness the report must be prepared and filed by 15th of May 2024. Thereafter, this Court shall consider to issue necessary directions for procurement of funds from State Government for repairs, reinforcement of sewerage lines and laying of trunk line.

Shri Harsh Singh, Commissioner Municipal Corporation Gwalior states that four sewage treatment plants are functional viz. Jalapur 145 MLD, Laliapur 4 MLD, Lal Tipara 65 MLD and Loharpur 8 MLD. As on date, all the four STP plants are fully functional and meet the requirement of present date. However, more number of STP plants may be required after submission of project report, for which the Corporation shall request the NMCG (National Mission for Clean Ganga) for release of funds to establish more number of STP plants.

Shri