Municipal bodies must ensure functional STPs and waste management; pollution control boards to monitor compliance, recover environmental compensation for violations, and prosecute defaulters.

ORDER

1. Both the cases are inter connected thus are taken together.

Original Application No.144/2023(CZ)

2. The issues raised in this letter petition by Sarwar Khan S/o Mr. Fule Khan, R/o Sardarpura Kala, Post Choti Chapri, Tehsil, District Didwana-Kuchaman (Rajasthan) is violation of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 in the district headquarter Didwana Kuchaman (Rajasthan) whereby and where under the STP installed by Municipal Council Didwana is not properly operating and discharging the untreated water of the sewerage in the open area due to which approximately 500 Bighas of the land in the city has been turned into sea of waste water damaging the agriculture, agriculture field causing, health hazardous to the persons residing there and contaminating the ground water. The discharge of untreated water, waste water/sewerage water is reaching towards Kharia Talab, Sindhi Talab and Beni Talab and Kacholiya Talab contaminating the water of the ponds and thus further degrading the water quality of the pond and contaminating the ground water. There are repeated encroachments on the area 2 of the pond by throwing and dumping the garbage in the pond area and in this way more than 40 lakhs ltrs. of the water is being released by the Dindwana STP and municipal council has no action plan for its disposal and thus this water is logging nearby areas, adversely affecting the environment and public health.

Original Application No.143/2023(CZ)

3. The grievance of the applicant is non compliance of Solid Waste Management Rules, Forest Conservation Rules, Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act,1986 by Municipal Corporation, Didwana, Rajasthan. The facts as narrated by the complainant in letter petition by Sarwar Khan S/o Mr. Fule Khan, R/o Sardarpura Kala, Post Choti Chapri, Tehsil, District Didwana-Kuchaman (Rajasthan) is that the Khasra no. 1920 area approximate 28 Bigha 9 Biswa of Didwana is being used by the Municipal Corporation as dumped site of the garbage, plastic bags, dead animals and in this way the green belt of the area is being destroyed adversely affecting the health of the local residents and forestry of the area. The industrial area is situated just in front of the plot and various industries are operating near the area and using the above mentioned plot for dumped site of plastic bags, garbage and other solid waste without any proper remedial measures or disposal of the waste items.

4. The Tribunal by the proceeding dated 16.10.2023 had constituted a four members joint committee with the direction to the committee to visit the place and examine the facts and take remedial measures and submit factual and action taken report. In pursuance to the direction issued by the Tribunal the joint committee has submitted the report and its finding are as under:-

5. In O.A. No. 144/2023 the respondent no. 5 has filed the reply with the facts.

1. Nagar Parishad Didwana comes under the administrative jurisdiction of District Didwana- Kuchaman of Rajasthan. The letter petition has highlighted the following concerns:

a.Unscientific disposal of treated water from STP Didwana

b.Wastewater/ sewerage water is contaminating nearby 04 ponds by the names of Kharia Talab, Sindhi Talab, Beni Talab and Kacholiya Talab and thus, degrading the water quality of the po