ORDER

1. This case was taken up Suo Motu by the New Delhi Bench of the National Green Tribunal as Original Application No.597/2024/PB vide order dated 24.05.2024 which reads as under:-

ORDER

1.This original application is registered suo motu on the basis of the news item titled “Drain Water Supplied to Drink in Silchar National Highway Road Residents Suffering”

appearing in „Barak Bulletin‟ dated 19.04.2024.

2. “The news item relates to the failure in supply of clean and portable drinking water in Silchar (Assam). As per the news item, the latest infrastructure project in Silchar aiming to install a direct home to home gas pipeline has severely affected the supply of drinking water to the residents of National Highway Road, Ward No.17, Silchar. The news item discloses that the problem arose during the excavation for gas pipeline installation, which compromised the crucial water infrastructure. The article states that the residents of the area have been deprived of clean and safe drinking water. Instead, they receive murky, contaminated water resembling sewage, leading to waterborne diseases and health issues among the community. It further states that the water supply pipe was damaged during gas pipeline installation, allowing sewage to contaminate the water, affecting the entire ward for the past three months.

3. The news item raises substantial issue relating to compliance of the environmental norms, especially the compliance of Water (Prevention and Control of Pollution) Act, 1974 and the Environment Protection Act, 1986.

4. Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon‟ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.

5. Hence, we implead the following as respondents in the matter:

(1) Assam Public Health and Engineering Department, through its Secretary, 2, Milanpur Road, West Jyotinagar, Bamunimaidan, Guwahati, Assam – 781004.

(2) Central Pollution Control Board, through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi – 110032.

(3) Deputy Commissioner, Silchar, Barrack Valley Division, Cachar, Assam”.

6. Issue notice to the above respondents for filing their response before the appropriate Bench of the Tribunal at least one week before the next date of hearing.

7. Since the matter falls within the jurisdiction of Eastern Zonal Bench of the Tribunal, therefore, the OA is transferred to the Eastern Zonal Bench, Kolkata for appropriate further action. Let the original record of the OA be transferred to Eastern Zonal Bench, Kolkata.

8. List before the Eastern Zonal Bench at Kolkata on

25.07.2024.

2. Thereafter, the Original Application No.597/2024/PB was transferred to the National Green Tribunal, Eastern Zonal Bench, Kolkata and re-numbered as Original Application No.130/2024/EZ.

3. The Respondent No.1, Assam Public Health & Engineering Department in its affidavit dated 23.07.2024 has stated that an enquiry was caused by the Superintending Engineer, Public Health & Engineering Department (PHE) with regard to the contaminated drinking water being supplied to the residents of National Highway Road, Ward No. 17, Silchar and thereafter, the report was prepared. Along with this affidavit, copy of a report has been filed at page no.

16 of the paperbook, which reads as under:-

REPORT “

Water supply in Silchar urban area is done by Town water supply scheme at Sadarghat which is maintained by PHED on behalf of Silchar Municipal Board which collects water tariff.

The water contamination issue mentioned in the news item dated 19.04.2024 arouse in the National Highway Road due to damage of distribution pipeline network at various adjacent areas like Link Road, National Highway Road and its many bye-lanes. The damage was perceived due to installation of direct home gas pipeline by Gas Agencies working in the Silchar Town areas which was done without informing the PHE Authorities.

Due to large numbers of pipeline damages