Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 2870

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, A Senthil Vel, Expert Member
NEWS CLIPPING PUBLISHED IN BHOPALS NEWSPAPER NAV DUNIYA DATED 12.10.2023 TITLED AFTER INVESTING OF 500 CRORE RUPEES TO STOP THE DISCHARGE OF SEWAGE WATER IN THE POND – Appellant
Versus
BHOPAL MUNICIPAL CORPORATION – Respondent
Original Application No.156/2023(CZ)|P.B.No.653/2023 - PB

Advocates:
For the Appellants/Petitioners: None
For the Respondents: Mr. Om Shankar Shrivastav, Mr. Mehul Bhardwaj

Local bodies strictly liable for untreated sewage discharge into water bodies; compensation regime enforced at Rs.5-10 lakh monthly per default, with monitoring by pollution boards for remediation and public health protection.

Headnote:(A) Water (Prevention and Control of Pollution) Act, 1974 - Non-compliance with environmental norms - Municipal Solid Waste Management Rules, 2016 - Suo motu proceedings based on newspaper report highlighting open discharge of untreated sewage into water bodies despite expenditure on sewerage infrastructure - Tribunal constitutes committee to verify facts and actions, notes ongoing violations, reiterates compensation regime for failure to treat sewage and manage waste. (Paras 2-6, 8-10)

(B) Environmental compensation - Assessment and recovery - Strict liability on local bodies for gaps in sewage treatment capacity - Compensation payable at Rs. 5 lakh per month per drain/STP for default in remediation/commencement, Rs. 10 lakh per STP post commissioning deadline - Funds for environmental restoration, accountability via ACR entries and prosecution. (Paras 14-15, 20)

(C) Monitoring and compliance - Institutional mechanisms mandatory - Periodic monitoring by pollution control boards, site inspections, action taken reports - Emphasis on timelines, mission mode execution, public health protection from waterborne diseases. (Paras 7, 24)

Facts of the case:
Suo motu original application registered on newspaper report alleging inadequate sewerage network, open sewage discharge into rivers/lakes, direct untreated flow into ponds despite investments, absence of pipelines in significant city areas, unaddressed complaints, and health hazards - Committee report details infrastructure progress under schemes, site inspection findings of no overflow, but acknowledges treatment capacity gaps covered in ongoing projects.

Findings of Court:
Violations of pollution prevention laws persist causing water pollution, health risks; local body must ensure full sewage treatment, address gaps urgently; State PCB to monitor, assess, realize compensation for untreated discharges.

Issues: Whether continued open sewage discharge despite infrastructure spending constitutes environmental violation; adequacy of committee-reported actions; enforcement of compensation and monitoring regimes.

Ratio Decidendi: Untreated sewage discharge into water bodies violates statutory duties, warrants immediate remediation and compensation to enforce accountability, protect public health and environment - Local bodies liable for gaps, strict timelines essential with consequences for defaults.

Result: Directions issued to State PCB for periodic monitoring of violations, assessment/realization of environmental compensation, strict action against defaulters; matter linked to ongoing waste/sewage compliance proceedings.

Table of Content
1. suo motu cognizance of newspaper-reported sewage violations (Para 1 , 2 , 3 , 4 , 5 , 9 , 10)
2. committee report on site inspection and compliance actions (Para 6 , 7)
3. untreated sewage causes widespread water pollution crisis (Para 8 , 16 , 17 , 18 , 19)
4. prior ngt orders mandate stp establishment and compensation (Para 11 , 12 , 13 , 14)
5. strict timelines and accountability for sewage treatment compliance (Para 20 , 21 , 22 , 23 , 24)

ORDER

1. This original application is registered in suo motu exercise of power on the basis of a newspaper report dated 12.10.2023 published in “Nav Duniya”

2. As per the said report, in Bhopal capital of State of Madhya Pradesh, in last five years Rs. 500 crores have been spent in the name of strengthening of the sewerage network but still the sewage is flowing openly and the proper sewage system has not been set in place.

3. It has been stated that in Govindpura, Narela in North and Central legislative area even sewage pipeline has not been laid. It is stated that there is no sewerage network in 55% areas of the city and in these areas the sewage is directly flowing to river and lake.

4. The newspaper report states that though near the Bada Talab Sewage Treatment Plant (STP) has been constructed but the sewage is directly discharged in the Talab without treatment. The report also states that as per the existing population in each zone atleast two sewage.

5. The report reflects that a substantial issue relating to environment and compliance of provisions of Schedule Act is involved in the matter.

6. The matter was taken up by this Tribunal on 17.10.2023 and in accordance with the provisions and law laid down by Hon’ble the Supreme Court of India in the matter of Municipal Corporation of Greater Mumbai vs. Ankita Sinha and Ors. reported in 2021 SCC online SC 897 the cognizance was taken by the Tribunal and directions was issued to comply the environmental rules. The matter was considered by this Tribunal on 02.11.2023 and this Tribunal constituted a committee to submit the report as follows :

“The matter raised in the above reports highlights the serious violation of Water (Prevention and Control of Pollution) Act, 1974and non compliance of statutory rules. In view of the above, before taking further we deem it just and proper to call a factual and action taken report from the committee as follows :

1. One representative from the Central Pollution Control Board.

2. One representative from the Water Works Department Bhopal

3. One representative from the State Pollution Control Board.

The committee is directed to visit the site and submit the factual and action taken report. We further direct that the State Pollution Control Board to monitor the violation of Water (Prevention and Control of Pollution) Act, 1974 and in case of violation and discharge of untreated water or sewage the environmental compensation @ as prescribed and as mentioned above in Original Application No. 606/2018 must be assessed and realised notices be issued to the Municipal Corporation or the authorities violating the rules. The action taken report must be filed within 30 days.

7. In compliance thereof, the members of the committee visited the site and submitted the report as follows :

In reference to the order by Hon’ble NGT dated 26.02.2024, following actions have been taken:

1. A letter was issued to M. P. Housing Board for repairing of sewer network in Arvind Vihar Colony vide letter no. 366 dated 22.02.2024. Copy is enclosed as Annexure I. In this regard, M. P. Housing Board vide letter no. 361 dated 18.04.2024 has provided the information which is enclosed as Annexure II. As per information, the Arvind Vihar colony was handed over to Municipal Corporation, Bhopal in the year 2008 after completing the necessary development work and thereafter it is being maintained by the Municipal Corporation, Bhopal.

2. Accordingly, a letter no. 791 dated 16.04.2024 issued to Municipal Corporation, Bhopal, for submission of inf

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2024 Supreme(Online)(NGT) 2870

Local bodies strictly liable for untreated sewage discharge into water bodies; compensation regime enforced at Rs.5-10 lakh monthly per default, with monitoring by pollution boards for remediation and public health protection.

Cases Referred (1)