ORDER

1. Heard Mr. Arvind Soni, Learned Counsel for Rajasthan State Pollution Control Board(hereinafter referred to as„RSPCB‟) and Mr.

NishantKesherwani, Counsel for respondents 1,2, 3 and 5.

2. This Original Application (hereinafter referred to as „OA‟) under Sections 14(1) and 15(1), 18(1) and 19 of National Green Tribunal Act, 2010 (hereinafter referred as „NGT Act, 2010‟) has been filed by six applicants namely,Mr. Bhoma Ram Mali, Mr. Pukhraj Mali, Mr. Ashok Mali, Smt. Bhanwari Devi, Smt. Kamla and Smt. Rekha, alleging that they are owners of agricultural land, bearing Khasra No. 943 (now numbered as Khasra no. 1739/943 and 1746/943) admeasuring 9.3078 hectare, situated at Tehsil Pokaran, District Jaisalmer, State of Rajasthan.

3. It is pleaded that Municipal Council is a local body responsible for maintaining drainage, cleanliness, handling and management of solid waste and discharge of sewage after its treatment following the standards prescribed under the provisions of Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as „Water Act, 1974‟) and to comply the provisions of Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as „Air Act, 1981‟),Environment Protection Act, 1986 (hereinafter referred to as „EP Act, 1986‟) and Solid Waste Management Rules, 2016 (hereinafter referred to as „SWM Rules, 2016‟).However, respondent 5 has failed to observe its statutory duties and discharging untreated sewage on the open land of applicants damaging the same,rendering land and soil unfit for agricultural use.

4. OA was considered by Tribunal on 20.10.2022 and after noticing the grievance of applicants,Tribunal constituted a Joint Committee with the direction to visit the site and submit a factual report.

5. Joint Committee comprising Collector, Jaisalmer, SPCBand Municipal Council, Pokaran has submitted Joint Inspection report through RSPCB vide letter dated 18.11.2022. Committee members visited the site on 15.11.2022 and its observations and recommendation in the report are as under:

 Pokaran City is a tehsil in the Jaisalmer District of RajasthanState, India. Pokaran town has a total of approx. 30000 populations and source of water for Pokaran town is PHED supply.

 It was reported that Municipal Board, Pokaran has provided30-35 % sewerage connectivity in the year 2011-2012 to the household of Pokaran town and terminal sewage treatment plant has not been provided for treatment of domestic sewage generated from the town.

 Alleged Khasra No. 1739/943 and 1746/943, Tehsil Pokaran, Dist, Jaisalmer, and Rajasthan was visited in presence of Sh.Bhom ram Mali, the applicant in the matter.

 The latitude and longitude of the alleged site are:-

26.9186567N and 71.9342485E.

 The above referred alleged site is near the Non-perennial river-

Tolaberi River which passes through khasra number 942 as per the revenue record of Municipal Board, Pokaran and khatedhari land Khasra No. 1739/943 and 1746 /943 of Sh.Bhomaram Mali.

 As per the population density and record of water supplied to each household, the quantum of domestic waste water generated from Pokaran is 3.0- 3.5 MLD.

 During the inspection, it was reported by Representative of Municipal Board, Pokaran that domestic waste water generated from the Pokaran city is disposed through open Nalla& sewerage system which ultimately meet to natural catchment area of Tolaberi river which finally gets accumulated near the khatedari land of Sh. BhomaramMali.In the Monsoon season domestic waste water & storm water travels uptoRann area (Salty land) area of Pokaran.

 During inspection, domestic sewage was found in the surface runoff storm water accumulated in the natural catchment area of river Tolaberi which turns towards the downstream side to Rann area adjoining the land of petitioner.

 At the time of inspection it was reported by the Patwari, Pokaran about ownership of land on which domestic waste water was found accumulated. The details of lease holders &