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2022 Supreme(Online)(NGT) 1516

Item Nos. 01-03 (Court No. 1)

BEFORE THE NATIONAL GREEN TRIBUNAL SPECIAL BENCH (By Video Conferencing)

Original Application No. 55/2015/WZ Subhash Ramkrishna Patil Applicant Versus MPCB & Ors. Respondent(s)

WITH Original Application No. 26/2016/WZ Vinay Balasaheb Ghule Applicant Versus The Commissioner Pune Municipal Corporation & Ors. Respondent(s)

WITH Original Application No. 37/2016/WZ (I.A. No. 23/2022/WZ & I.A. No. 24/2022)

Shewalewadi Grampanchayat through its Sarpanch & Anr. Applicant(s)

Versus The Commissioner Pune Municipal Corporation & Ors. Respondent(s)

Date of hearing: 24.05.2022 CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER Applicant: Mr. Vilas Mahajan, Advocate for Applicant in OA 55/2015 (WZ)

Mr. VV Mahadik, Advocate for Applicant in OA 26/2016 (WZ) & OA

37/2016 (WZ)

Respondent: Ms. Supriya Dangare, Advocate for MPCB Mr. Rahul Garg, Advocate for MoEF & CC & PMC Ms. Manasi Joshi, Advocate for R-3 in OA 26/2016 (WZ)

Ms. Shakuntala S. Wadekar, Advocate for R-9 in OA 26/2016 (WZ)

Mr. Shivshankar Swaminathan, Advocate for R.2 in OA 37/2016 (WZ)

Advocates:
For the Petitioner: VILAS M MAHAJAN
For the Respondent:

ORDER

The Issue

1. All these three applications have been taken up together in continuation of order dated 06.07.2020. Issue raised therein pertains to preventing discharge of untreated sewage in rivers including Mula, Mutha, Pawani and Indrayani in Pune, Maharashtra.

2. We may only refer to averments of the applicant in O.A. No. 55/2015(WZ) filed on 02.05.2014, other matters being identical. It is stated that Pune City is a plateau city, situated near the western margin of the Deccan plateau, at height of 560 Meters above the sea level, near the confluence (Sangam) of Mula and Mutha Rivers. Mula - Mutha later empty into the Bhima River. In a sense, the city is located in the upper Bhima basin. The city is surrounded by hills on the east and the south. The Sinhagad, Katraj and Dive Ghat range is the southern boundary of the urban area. Before confluence (Sangam) of Mula and Mutha Rivers, both flow from the urbanised area. Mutha River enters the city at Dhayari and flows to Sangamwadi. It runs about 10.40 KMS. Mula River enters the city at Balewadi and flows to Sangamwadi. It runs about 22.37 KMS. from Sangamwadi. Mula -Mutha Rivers flow together and flow to Kharadi, where it runs about 11.75 KMS areas. Dhayri, Balewadi and Kharadi are not the actual starting or end point of the any of these rivers but between these areas the River is affected by the urbanization. There are some other rivers also which are the part of the Pune City. Pawana River confluences in Mula river and mainly flows from the Pimpri-Chinchvad Municipal Corporation area. Ram River also confluences in Mula River. Other than this, there are some lakes in the City - Pashan Lake, Katraj Lake and Snake Park Lake. Water quality of Mula-Mutha River at downstream of Bund Garden, Deccan Bridge, Savarkar Bhavan and Sangam Bridge is severely affected with reference to (i) Dissolved Oxygen (DO), (ii) Bio-Chemical Oxygen Demand (BOD), and (ii) Bacteriological parameters for the designated river stretch standards. Depletion of DO level, high BOD and Bacteriological results at these locations show major contribution of domestic sewage. Sudarshan Chemicals wherein the trade effluent is generated at large scale and discharged in Mula Mutha River, is situated near Sangam Bridge. Two crematoria ground are in Bund Garden /Yerawada Area. The, sewage as well as solid waste management generating from cremation activities are discharged in Mula-Mutha River, resulting in its water being highly polluted. The officers of the MPCB and Central Pollution Control Board have visited STPs constructed and maintained by the PMC and observed that out of the 552 MLD Sewage generated in PMC, around 305 MLD was treated and rest of 147 MLD was being discharged into the River Mula Mutha, without any treatment and disinfection, which finally meets Ujani Reservoir, contaminating the reservoir water quality, thus polluting the river Bhima and damaging the environment. PMC is not initiating proper/ suitable steps to install STPs to treat rest of sewage and for disinfecting the treated sewage before discharging into river, thereby causing pollution of the Mula Mutha River water, including its flora-fauna. Untreated domestic sewage is disposed into Mula Mutha River from the back side of Koregaon Park and a Nalla of untreated sewage flowing from below the Bund Garden Bridge and meeting the river. PMC is generating about 728 MLD Sewage out of which around 567 MLD is being treated and discharged and rest of 161 MLD is being discharged untreated into various Nallas of the River Mula Mutha. Presently, the total sewage generation from the Corporation area is about 744 MID and Corporation has provided treatment for 567 MLD sewage only (10 STP’s), and remaining 177 MLD of untreated sewage is directly discharged into Mula-Mutha River, without any treatment. A criminal case bearing No. 187/2000 has been filed by Maharashtra Pollution Control Board (Respondent No. 1), against the Respondent No. 2, before the Chief J

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