Srinagar: In order to stop the local municipal bodies and others from dumping solid waste and untreated sewage in the Doodh Ganga and Mammath Kull, the National Green Court directed the Member Secretary, J&K Pollution Control and the Secretary, Department of Environment, UT of J&K to comply with the order of the Supreme Court for setting up of treatment plants within three months and file compliance affidavit immediately on expiry of three months.
In 2017 Supreme court in case titled Paryavaran Suraksha Samiti (Supra) had considered the issue of setting up of the Common Effluent Treatment Plants and had provided the time limit of three years for the same.
In the judgment, it was made clear that the directions issued for the CETP are also applicable to STP. The Court had provided that setting up of functional CETP/STP within the timeline expressed in the order will be the responsibility of the Member Secretary of the concerned PCB and that the Secretary of the Department of Environment of the State Government and the Union Territory concerned will be answerable in case of default.
However, the reports submitted by officials portray ‘the sad state’and ‘deteriorated condition’ of solid waste management in the region.
The reports submitted by municipal bodies of Budgam and Chadoora mention that there are no functional STPs to treat the waste and it directly flows or gets dumped on these rivers.
Also the report submitted by Municipal body, Srinagar mentions that the total generation of waste is 163.546 mld per day. However, only 60 mld gets treated under existing STPs while the rest flows in water bodies.
The bench led by Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and expert member Dr. A. Senthil Vel observed that the clearly reflect that there is a serious lapse and failure on the part of the local bodies at Srinagar, Chadoora and Budgam in adhering to the timeline fixed by the Supreme Court in the matter of Paryavaran Suraksha Samiti (Supra) in setting up the STPs.
“As Member Secretary, State PCB was required to take action against the defaulting bodies but nothing has been placed on record. Hence, we find clear non-compliance of the direction of the Supreme Court,” the bench said.
The court also took strong note of the environmental compensation levied upon the defaulting local bodies. However, the bench noted that the notices issued by Pollution control for recovering the amount of 372.176 lakhs and 141.43 lakhs from the defaulting local bodies but these show cause notices neither reflect the period of violation nor the quantity of solid waste for which the show cause notices have been issued.
“The Member secretary, J&K PCC is expected to issue show cause notice with all the requisite details and particulars so that at the end, the entire exercise may not be vitiated for technical lapse, resulting in benefit to the defaulting body,” court said.
It directed Member Secretary, J&K PCC to take appropriate action for imposition and recovery of Environmental clearance keeping in view the observation made in this order by duly following the principles of ‘Natural Justice’ within three months and submit action taken report before the next date of hearing.
Earlier, environmental activist Raja Muzaffar Bhat had filed a plea before NGT over illegal dumping of solid waste and untreated sewerage in Doodh Ganga river and Mamath Kul.