ORDER

1. This application has been moved by the Applicant, who is a resident of Samarthnagar, Aurangabad, raising the problem of drainage system not working properly in the City, regarding which he had gathered information under RTI. In the year 2012-13, the underground drainage project was undertaken by Aurangabad Municipal Corporation (AMC), which ought to have been completed by the year, 2017. The project of upgradation of the drainage system of Aurangabad City was taken up, for which approximately Rs. 365 Crores was approved by the State Government. The cost of which was later on revised to Rs. 464 Crores. It is mentioned in the application that there was water logging noticed in the city everywhere. Untreated sewerage and effluent was found flowing from the City through the River Kham into the Jayakwadi Reservoir. The apathetic management of the Aurangabad Municipal Corporation (AMC)

and the Maharashtra Pollution Control Board (MPCB) threatened the health of the people of the City. A proper and effective implementation of underground sewerage system is necessary, therefore, it was prayed that Experts be appointed to inspect whether the underground drainage project is completed and running effectively; a direction be also issued to the Aurangabad Municipal Corporation (AMC) for commissioning their project of upgradation for underground sewerage system and for appropriate measures for enhancing its capacity and to monitor the same. The compensation be also awarded to the Applicant to the tune of Rs. 1 lakh.

2. This application was first heard by the Tribunal on 24.07.2020 and a Joint Committee was constituted comprising Commissioner, Municipal Commissioner, Aurangabad; CMO or his representative, Aurangabad; and Maharashtra Pollution Control Board (MPCB) with a direction to submit its report within six weeks.

3. Since the application was filed during the lockdown, regarding service of notices and summons, it was recorded in the said order that the same was not possible to be effected and therefore, the service of notice was directed to be effected through e-mail, FAX, commonly used instant messaging services, such as WhatsApp, Telegram etc. Record reveals that the service affidavit has been filed, as per which service of notice is sufficient upon all the Respondents.

4. The Committee has submitted its report, which is annexed at page nos. 68 to 73 (E) of the paper book, which was considered by this Tribunal vide order dated 05.10.2021 recording there-in that the same discloses the non-functioning of some of the STPs and the result being untreated sewerage water being allowed/drained into Kham and Sukhna Rivers and that by the same order, Respondent Nos. 1 to 3/AMC were directed to take necessary and effective steps to address the problem.

5. Thereafter next important consideration was made by this Tribunal on 09.03.2022, where-in following order was passed:-

“8. It is not clear whether STPs comply with the standards, including those for Fecal Coliform. It is also not clear why STP of 135 MLD capacity at Kanchanwadi is treating only 65 MLD and why against sewage generation of 96 MLD, STP of 211 MLD capacity has been set up. It is also necessary to find out whether there is scheme in place to utilize treated sewage for industrial purposes or by other bulk users and whether Industrial Estates in and around Aurangabad have been or can be associated with the scheme to utilize treated sewage. Let this information be now furnished by the AMC before the next date.

9. AMC has to prevent pollution of river by discharge of untreated sewage to which absence of funds cannot be a plea. No one can be allowed to contaminate water which is to be consumed by living beings and used for irrigation, affecting food safety. The State is bound to honour basic human rights of citizens and arrange funds for the purpose. It is a different matter that suitable strategies are used to minimise expenditure on the subject.

10. During the hearing, suggestion has e