Introduction

The case of SUKHWANTI v. THE STATE OF HARYANA adjudicated by the National Green Tribunal (NGT) on April 19, 2022, addresses critical environmental concerns arising from the malfunctioning of the Sewage Treatment Plant (STP) at Barwala, Haryana. Ms. Sukhwanti Bachani, represented by her advocate, filed the case against the State of Haryana and associated respondents, alleging unauthorized discharge of wastewater from the STP into her agricultural land. This led to significant agrarian distress, including crop damage, groundwater contamination, livestock death, and loss of soil fertility. The NGT's comprehensive examination of this matter underscores the imperative of stringent environmental compliance and proactive remedial measures by state authorities.

Summary of the Judgment

The NGT, upon reviewing multiple reports and conducting hearings over several months, identified substantial deficiencies in the operation and maintenance of the Barwala STP by the Public Health Engineering Department (PHED). The tribunal directed the PHED to enhance the STP’s functionality to meet the prescribed standards, emphasizing the reduction of Biological Oxygen Demand (BOD) and fecal coliform (FC) levels. Key directives included:

• Immediate cessation of untreated sewage discharge onto agricultural land.
• Implementation of both short-term and long-term remedial measures to upgrade the STP infrastructure.
• Mandating the utilization of treated sewage water for non-potable purposes, including irrigation and industrial use by nearby thermal power plants.
• Imposition of environmental compensation by the Haryana State Pollution Control Board (HSPCB) and initiation of prosecution against non-compliant officials.
• Regular monitoring and reporting by the PHED and PCB to ensure sustained compliance.

The tribunal emphasized the need for inter-departmental coordination to facilitate the effective reuse of treated wastewater, thereby conserving potable water resources and mitigating environmental degradation.

Analysis

Precedents Cited

The judgment references significant precedents that shape environmental jurisprudence in India:

• Delhi Jal Board v. National Campaign for Dignity & Rights of Sewerage Workers (2011): This Supreme Court decision underscored the state's obligation to ensure safe working conditions for sewerage workers, highlighting the broader implications of environmental negligence.
• Paryavaran Suraksha Samiti & Anr. vs. Union of India (2017): The NGT's directions in this case emphasized the mandatory compliance of sewage treatment norms and the strategic reutilization of treated wastewater.

These precedents influenced the NGT's approach in holding the State accountable for environmental compliance and worker safety, thereby reinforcing the legal framework governing pollution control and wastewater management.

Legal Reasoning

The tribunal's legal reasoning focused on enforcing the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the environmental regulations set by the HSPCB. Key aspects of the reasoning include:

• Strict Compliance: Emphasizing that non-compliance with sewage treatment norms directly impacts public health and the environment, necessitating stringent enforcement measures.
• Accountability: Holding the PHED and responsible officials accountable for failure to maintain the STP, including legal action and financial penalties.
• Sustainable Practices: Advocating for the reuse of treated wastewater to reduce the strain on potable water resources, aligning with sustainable development goals.
• Inter-Departmental Coordination: Highlighting the necessity for collaboration between different state departments to effectively implement and monitor environmental remediation measures.

The tribunal's holistic approach ensures that environmental compliance is not viewed in isolation but as part of an integrated strategy involving various stakeholders.

Impact

This judgment is poised to have far-reaching implications:

• Benchmark for Compliance: Sets a high standard for the operational efficiency of STPs across India, compelling state bodies to adhere strictly to environmental norms.
• Enhanced Monitoring: Encourages the establishment of robust monitoring mechanisms by PCBs to ensure continuous compliance and prompt remedial actions.
• Policy Formulation: Influences future policymaking regarding wastewater management, promoting the adoption of advanced treatment technologies and reuse strategies.
• Empowerment of Affected Parties: Empowers citizens to seek judicial intervention in environmental matters, reinforcing the role of environmental tribunals in safeguarding public interests.

By prioritizing environmental restoration and sustainable practices, the judgment contributes to the broader objective of environmental conservation and public health protection.

Complex Concepts Simplified

Biological Oxygen Demand (BOD)

BOD measures the amount of oxygen required by microorganisms to decompose organic matter in water. High BOD indicates excessive organic pollution, which can deplete oxygen levels in water bodies, harming aquatic life.

Fecal Coliform (FC)

FC refers to bacteria originating from fecal matter. Elevated FC levels in water signify contamination by sewage, posing significant health risks to humans and wildlife.

Consent to Operate (CTO)

CTO is a permit issued by environmental authorities allowing the operation of STPs, ensuring that they comply with specified environmental standards and regulations.

MBBR Technology

Moving Bed Biofilm Reactor (MBBR) is a wastewater treatment technology that uses biofilm carriers to enhance the decomposition of organic pollutants, providing efficient treatment of sewage effluents.

Amrut Yojna

Atal Mission for Rejuvenation and Urban Transformation (AMRUT) is an Indian government initiative aimed at ensuring robust sewage networks in urban areas and promoting the use of treated wastewater for non-potable purposes.

Conclusion

The NGT's judgment in SUKHWANTI v. THE STATE OF HARYANA serves as a pivotal reminder of the state's duty to uphold environmental sanctity and protect citizen welfare. By mandating rigorous compliance, enforcing accountability, and promoting sustainable wastewater management practices, the tribunal not only addresses immediate grievances but also sets a precedent for future environmental jurisprudence. This decision underscores the essential balance between developmental imperatives and environmental stewardship, advocating for proactive measures to mitigate pollution and enhance the quality of life for affected communities.

Moving forward, it is imperative for state bodies to align with the tribunal's directives, ensuring that environmental regulations are not mere formalities but actively enforced standards. The emphasis on inter-departmental collaboration and technological upgrades reflects a comprehensive approach towards sustainable environmental management, fostering a healthier and more resilient ecosystem.