ORDER

1. In this original application, Tribunal is considering the issue of discharge of sewage and solid waste in Katahal drain connected to river Ganga in district Balia, UP.

2. Tribunal on 13.09.2023 had taken note of the stand of Principal Secretary, Urban Development, State of UP that the land was already acquired, tender was floated for construction of STP and construction will start from 15.11.2023 and though the timeline for construction of STP is

18 months but he will ensure completion of STP much before that.

3. Tribunal thereafter on 19.03.2024 had noted that particulars relating to handling and treatment of solid waste, daily generated waste, it’s handling, management and treatment and officers responsible for failure of such handling and treatment were not disclosed. It was also noted that the orders of the Tribunal were not complied with. Tribunal had also expressed as to why UPPCB had not taken action against the violators for committing non-compliance of mandate of Section 24 of the Water (prevention and control of pollution )Act,1974 and considering the circumstances, Tribunal had imposed the cost of Rs. 25,000/-on the State of UP for non-compliance of the earlier orders. UPPCB was also directed to take action against the violators who were committing offense under Section 43 read with Sections 24 and 47 of the Water Act, 1974 and Sections 15 and 16 of the Environment Protection, Act, 1986.

4. After the previous order of the Tribunal, fresh compliance report has been filed by State of UP on 16.05.2024. In that compliance report so far as the status of STP is concerned, it is mentioned that in Balia District STP of 20 MLD is being constructed and that the work will be completed within the stipulated timeline mentioned for the STP work i.e.

by February, 2025 excluding the trial run.

5. On the query by this Tribunal, Learned Counsel appearing for the State of UP on instructions from Mr. Amrit Abhijat, Principal Secretary, Urban Development, State of UP has informed that there are total 26,000 households within the Municipal Council, Balia and out of which 14,342 households will be connected to the 20 MLD STP which is under construction. He could not inform as to what will happen to the remaining 11,658 households. He has also informed that 16.4 mild sewage is generated from all 26,000 households. On instructions from Mr. Amrit Abhijat, Urban Development, State of UP he has further informed that all the six drains which are connected to Katahal drain will be connected with 20MLD STP under consideration.

6. On perusal of the reply filed by UPPCB on page 458, we have noticed that out of these six drains connecting to Katahal drain which is linear in nature and three drains are on the left side and other three are on the right side of Katahal drain.

7. Learned Counsel for State of UP could not disclose as to how all these six drains will be connected to 20 MLD STP when they are on both sides of the drain and meeting the Katahal drain at different points on a long stretch. State of UP is directed to duly explain the above aspect of the matter in the next report.

8. So far as on the issue of action taken against the erring officers, Learned Counsel appearing for State of UP referring to the paragraph no. 6 of the report dated 15.05.2024 and paragraph no. 4 of the earlier report dated 11.09.2023 has submitted that the FIRs have been lodged against

19 erring officers.

9. Learned Counsel for State of UP has submitted that total daily solid waste generation within the Municipality is 36.5 TPD whereas the UPPCB on the plant site has found it to be 41.4 TPD and that there is a plant of (waste to compost) 50 TPD existing which is generating 3.5 TPD of compost. It needs to be explained by the State as to how on receipt of

41.4 or 36.5 TPD of Wet waste, only 3.5 TPD compost is generated.

10. Learned Counsel for UPPCB has referred to annexure-3 filed along with the report dated 15.5.2024 and has pointed out that EC of Rs. 2.3 crores on the M