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2022 Supreme(Online)(NGT) 1277
BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA ............
ORIGINAL APPLICATION No.94/2020/EZ IN THE MATTER OF:
S.D. Loda Kumar Mihu Apartment VIP Road Nitivihar, Itanagar, Papumpare District, Arunachal Pradesh-791111 ....Applicant(s)
Versus
1. The Union of India Ministry of Environment, Forest and Climate Change, Through the Secretary, Indira Paryavaran Bhawan, Jorbag Road, New Delhi-110003
2. Chief Secretary Government of Arunachal Pradesh Block No.2, Fifth Floor, Civil Secretariat Building, Itanagar-791111, Arunachal Pradesh
3. Central Pollution Control Board Through the Secretary, Ministry of Environment, Forest and Climate Change, Parivesh Bhawan, East Arjun Nagar, Shahdara, Delhi-110032
4. Arunachal Pradesh State Pollution Control Board Through the Secretary Govt. of Arunachal Pradesh, Department of Environment & Forests, Paryavaran Bhawan, Yupia Road, Papu Nalah, Naharlagun-791110
5. Itanagar Municipal Corporation Through Municipal Commissioner, ....Respondent(s)
COUNSEL FOR APPLICANT:
Ms. Joicy, Advocate COUNSEL FOR RESPONDENTS:
Mr. Debasish Ghosh, Advocate for R-1, Mr. Ashok Prasad, Advocate for R-2, Mr. Surendra Kumar, Advocate for R-3 & 4, Mr. Tagum Jamoh, Advocate for R-5
For the Petitioner: JOICY, JOICY
For the Respondent:
JUDGMENT
PRESENT:
HON’BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)
HON’BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER)__________________________________________________________________
Reserved On: - 18th August, 2022 Pronounce On: - 25th August, 2022 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)
Heard the learned Counsel for the parties and perused the documents on record.
2. This Original Application has been filed by the Applicant seeking a direction to the respondents to clean the Senki/Pachin/Dikrong River. The allegation is that in various environment pollution assessments carried out over a period from 2009 to 2011 and 2018, it has been reported that there is considerable pollution and polluting effluents are flowing into the said river.
3. Photographs to that effect have also been filed at page 64 and65 of the paper book.
4. Notices were issued to the Respondents for filing their counter-affidavits.
5. An affidavit has been filed on behalf of the Respondent No.3, Central Pollution Control Board enclosing a report on “River Stretches for Restoration of Water Quality” prepared by Central Pollution Control Board in February, 2015.
6. Since, the Report filed along with this affidavit of February, 2015 did not apply itself to the issue in question and also did not address the allegations made in the Original Application specifically with regard to the stretches of Rivers Senki, Pachin and Dikrong. The Tribunal directed the Respondent No.3 to file a fresh affidavit giving the view of the Central Pollution Control Board by the next date of listing.
7. The Respondent No.4, Arunachal Pradesh State Pollution Control Board, has also filed an affidavit, Annexure-A of which shows that the date of testing of the water samples was 26.11.2019 and this Report did not even indicate as to from where and from how many sites water samples had been collected and it also did not mention whether the samples had been collected from upstream and downstream of the rivers Senki, Pachin and Dikrong.
8. Annexure-B at page no. 416 of the paper book, filed by Arunachal Pradesh State Pollution Control Board is a report of inventorization of Sewage Treatment Plant (in short ‘STP’) of 30.06.2020 which is almost one year before the filing of this Original Application and it is reported that only two Sewage Treatment Plants (STPs) will be commissioned by December, 2021 covering the entire stretch of 145 Km.
9. This Report was found to be extremely sketchy and unreliable and inadequate considering the considerable stretch of the rivers concerned and the level of pollution present. The Tribunal therefore directed the Arunachal Pradesh State Pollution Control Board to file a fresh affidavit after taking fresh samples of water from upstream and downstream of the rivers in question at various places, and based on the level of pollution found, propose the number of Sewage Treatment Plants (STPs) that would be ideally required to keep the entire water stretch pollution free. The Tribunal also directed the Arunachal Pradesh State Pollution Control Board to consider whether in the entire stretch of 145 Kms., two STPs would suffice and if not, what steps have been taken by the Arunachal Pradesh State Pollution Control Board for setting up more STPs.
10. The Tribunal also directed that the affidavit of the Arunachal Pradesh State PCB shall also identify the polluters and state clearly what action has been taken against the polluters. It shall also make an assessment of the damage caused to the environment and the monetary value of such damage so that the cost may be recovered from the polluters and it shall also indicate what remedial action has to be taken with regard to the cleaning of the three rivers.
11. An affidavit dated Nil from page nos.417-458 of the paper- book, has be
