ORDER

1. Issue raised in this application is discharge of untreated sewage water in the open land from Chhatrasal Housing Colony, Baghraj Ward, Sagar, adversely damaging agriculture crops and contaminating the underground water, causing health problem in residents and damage to the crops of the applicant.

2. The matter was taken uo by this Tribunal on 22.10.2022 and a Joint Committee was constituted to submit the factual and action taken report. Notices were issued to the respondents for filing the reply.

Report is on record.

3. We have heard the learned counsel for the parties and perused the record.

4. Contentions of the learned counsel for the Applicant is that the agricultural land of the Applicant is located in Baghraj Ward, Mauja Tili Sagar, whose Survey no is 52, 53 and other lands of the family are also adjoining the said land. The survey no. 161 Mauja Pipariya adjoining to the land of Survey no. 53 is government land on which Chhatrasal Housing Colony, Baghraj Ward Sagar has been constructed by the Central Government under the Pradhan Mantri Awas Yojana in which thousands of families are currently residing. The said scheme Pradhan Mantri Awas Yojana is an undertaking of the Central Government, which is under the control and management of the State Government, which is finally under the local authority respondent no.1. The sewage, urine and other dirty water of the said colony is being illegally discharged from the applicants private agricultural land without sewage treatment (STP) at present, due to which a dirty drain has diverted in the applicant land.

5. The Learned counsel for the respondent has submitted that the respondent no.1 under the agies of the ambitious scheme, the Pradhan Mantri Awas Yojana of the Government of India, has constructed the Chhatrasal Colony at land situated at Survey no.53, Baghraj Ward, Sagar. The said residential dwellings are constructed with G+2 structure and the urban poor families resides in the said dwellings. The sewerage of the said residential buildings are treated in two septic tanks constructed on the two sides of the whole project and then the treated water is discharged in the natural nallah which flows surrounding the said Chhatrasal Colony. The natural nallah is a perennial seasonal local nallah and untreated waste water is not discharged in the said nallah from the Chhatrasal Colony. The answering respondent had entered into an agreement for survey, investigation, design, construction, testing, commissioning, trial run and maintenance for ten years of complete sewerage project including house sewerage connection on signal package on turn key job basis in sagar city was executed between M/s Laxmi Civil Engineering services Private limited in the year 2016 and 75% work of the said project has been completed as per the construction schedule and the remaining work is also expected to be completed within stipulated time period.

6. The members of the Joint Committee visited the site and submitted the report with the facts that under the scheme “Awas Yojana” the residences were constructed and two septic tanks was prepared by treatment of water. Out of two septic tanks, one was damaged which is under repair and has been repaired. For the disposal of untreated water a STP of 43 MLD capacity has been constructed and another STP with sewage connection is under construction which is likely to be completed in this year. There is no discharge of untreated water into the open land or in the land of the applicant and there is no damage to the crops.

7. Learned counsel for the applicant has submitted that the STP which is under construction and for which the Joint Committee report has submitted the facts that it is likely to be completed very shortly should be completed as early as possible within a time frame.

8. In view of the above facts, we direct the Municipal Corporation to complete the STP under construction as early as possible (not later than six months). State Pollution Control Board is