National Green Tribunal (NGT), Principal Bench, New Delhi: Coram of Justice Adarsh Kumar Goel (Chairperson) and Justice Sudhir Agarwal, Justice M. Sathyanarayanan, Justice Brijesh Sethi, Judicial Members and Dr Nagin Nanda, Expert Member, imposed costs of Rs 5 lakh per month as specified on Delhi Jal Board for not installing an effective system to prevent odour from Sewage Treatment Plant.
Issue for Consideration
In the present matter, the crux was the remedial action against the bad Odour from the Sewage Treatment Plant (STP), Kondli in Delhi. No satisfactory response in the said matter was received from the Delhi Jal Board.
The matter was last considered on 23-02-2021 and it was found that there was the consistent failure of Delhi Jal Board (DJB) for which the Tribunal was inclined to award heavy cost. However, it was directed that if even by 31-05-2021 compliance was not ensured, the DJB will be liable to pay a cost of Rs 5 lakh per month till compliance.
As per the action report by the DJB on 31-5-2021, it was stated that the DJB commenced Ferric Chloride dosing which resulted in reducing the emissions at outlet thereby reducing the bad odour considerably. Further additional measures were being taken — Primary Thickener-A, Primary Thickener-B and Sludge Balancing Tank near a residential area. 1000 trees have also been planted to create a natural barrier to minimize the bad odour.
Hazardous Gas
Applicant submitted that inhabitants are still forced to inhale the hazardous gas on account of failure of the Delhi Jal Board, since no improvement was found.
Mere spraying of chemical solution and other superficial steps is not effective in installing an effective odour control unit.
Decision
Coram expressed that, merely dosing of Ferric Chloride, Primary Thickener-A covering, and some plantation can hardly be held to be adequate steps in the matter.
Tribunal held that DJB failed to perform its obligation of preventing odour at the STP and only superficial steps have been to claim that odour has been controlled.
The problem has been persisting since long but plea of pandemic is being taken to justify inaction.
It was noted that contrary to earlier commitment of installing an effective system, now the DJB was stating that the odour was now controlled by spray etc. which in Tribunal’s opinion is difficult to be expected.
Coram stated that
We do not understand why DJB is now shirking its responsibility and taking a contra stand that small steps taken are enough and no odour control system is required. This stand is against public interest and non-compliance of order of this Tribunal.
Therefore, Delhi Jal Board was directed to pay Rs 5 lakh per month from 1-6-2021 until compliance.
Matter to be listed for further consideration on 28-10-2021. [RWA Society v. Govt. of NCT of Delhi, 2021 SCC OnLine NGT 185, decided on 9-07-2021]
Advocates before the Tribunal:
Respondent: Mr. Atmaram N.S. Nadkarni, Senior Advocate, Ms Sakshi Popli, Advocate with Mr S.C. Vashisth, Chief Engineer (SDW)S/E for Delhi Jal Board