2. River Sutlej also finds mention in 351 identified polluted river stretches based on data compiled by Central Pollution Control Board ("CPCB") which issue has been dealt with vide order dated 21.9.2020 in O.A. No. 673/2018 to which reference will be made later.

3. Vide order dated 24.07.2018¹, this Tribunal directed the CPCB to constitute a Monitoring Committee with representatives from the Pollution Control Boards of Punjab and Rajasthan and Mr. Balbir Singh Seechewal, a volunteer and to prepare a time bound action plan to be put on the website. Involvement of stake holders was to be sought, apart from undertaking awareness programs.

4. The report of the Committee which was taken up for consideration vide order dated 14.11.2018 showed huge amount of uncontrolled pollution on account of lack of sewage treatment systems, non-availability of Sewage Treatment Plants ("STPs") or other appropriate waste water treatment facilities, lack of skilled man power, non-sustainable approach in designing sewage management project which resulted in damage to the health of the inhabitants and the environment.

5. Having regard to the magnitude of the damage and failure of governance in handling the situation, the Tribunal directed the State of Punjab to deposit a sum of Rs. 50 Crores for restoration of the environment which could be recovered from the erring local bodies/officers/individual.

6. Further reports dated 21.01.2019 and 30.01.2019 were filed by the CPCB in respect of restoration of the rivers in question in the present case which were taken up for consideration on 28.02.2019. The reports considered the action plan of the State of Punjab which was furnished in

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pursuance of orders of this Tribunal dated 20.09.2018 and 19.12.2018 in Original Application No.673 of 2018, News item published in "The Hindu" authored by Shri Jacob Koshy Titled "More river stretches are not critically polluted: CPCB". In view of continuing pollution and highly inadequate steps for remedying the situation, this Tribunal directed that the Monitoring Committee earlier constituted may now be headed by a former Judge of Punjab and Haryana High Court. A former Chief Secretary of Punjab and a former Member Secretary of Punjab PCB were directed to be included as Members. The Tribunal suggested two Senior IAS officers named in the order, whose contribution in the field of environment was well acknowledged, could be involved in a suitable manner. The Committee was to oversee the remedial measures and also consider closure of polluting activities, prosecution of the polluters and recovery of compensation for damaging the environment, apart from recommending disciplinary and penal action against the erring officers. The Tribunal also suggested that the State Government should record failure of individual officers in the ACRs.

7. The matter was considered on 16.07.2019 in light of the report dated 12.06.2019 furnished by the Monitoring Committee. After noticing the status report furnished in the report with regard to STPs not achieving the norms, need for monitoring stations at appropriate locations, need for inspection of ETPs particularly in respect of industries in the proximity of water bodies, finalization of timelines for treatment equipments, CCTV cameras to check dumping of waste, specific observations with regard to Budda Nalah and Holy Bein, Common Effluent Treatment Plant ("CETP") at Jalandhar, waste management and STPs at S.B.S. Nagar, Kalasinghia drain, violations by specified industries and local bodies, misconduct of certain officers, this Tribunal directed the report be implemented fully in

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letter and spirit. The Tribunal directed that identified polluting activities be stopped and compensations recovered from the identified polluters. The compensation may go back upto five years based on assessment of the period for which violation took place. The PCB may recover compensation after following due procedure of law and give an action taken report to the Committee.

8. The constitution of the Committee was modified for the reasons mentioned in the order dated 01.10.2019 to the effect that the Committee will now be headed by Justice Jasbir Singh, former Judge of the Punjab and Haryana High Court in place of Justice Pritam Pal, former Judge of the Punjab and Haryana High Court.

9. We may also refer to order dated 22.11.2019 in O.A. No. 138/2016 to dealing with the control of pollution of river Ghaggar wherein following directions have been issued:

"(i) All the concerned States/UT relevant for River Ghaggar must ensure installation of STPs within the planned timelines subject to the rider that where the timelines go beyond 31.12.2020, the timeline will be treated to be 31.12.2020. Wherever timeline already laid down by the State/UT is exceeded, compensation will be payable @ Rs 10lakh/month per STP till commissioning of STPs. This scale of compensation will also apply, in respect of STPs for which timeline for construction of STP is beyond 31.12.2020, from 01.01.2021. The STPs must conform to the laid down standards and connected to the sewerage network with a view to achieve the object of setting up of such STPs.

(ii) Let the concerned SPCBs/PCC take steps in terms of observations of the Committee after considering the response of the alleged polluters. If the Committee observes that SPCBs/PCC has not taken necessary and adequate action, report be given to this Tribunal.

(iii) Local bodies in the catchment area may ensure that solid waste is not dumped into the river or its tributaries which aspect may be monitored by the Committee also.

(iv) Future functioning of the Committee will be in terms of clarification as per para 21 above. Incidental issues stand disposed of in terms of para 22 above.

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(v) Let steps be taken by concerned States/UTs in terms of the recommendations and for compliance of direction for connecting the drains to the STPs wherever feasible and till then in-situ remediation in terms of para 20 above.

(vi) The Chairmen, Member Secretaries of SPCBs/PCC, Secretaries Urban Development and Secretaries Irrigation and Public Health of the four States/ UT and nodal officer of CPCB may remain present in person for the assistance of the Tribunal so that comprehensive review of progress can be undertaken."

10. We may now refer to order dated 06.12.2019 in O.A. No. 673/2018, wherein following directions have been issued:

"(i) 100% treatment of sewage may be ensured as directed by this Tribunal vide order dated 28.08.2019 in O.A. No. 593/2017 by 31.03.2020 atleast to the extent of in-situ remediation and before the said date, commencement of setting up of STPs and the work of connecting all the drains and other sources of generation of sewage to the STPs must be ensured. If this is not done, the local bodies and the concerned departments of the States/UTs will be liable to pay compensation as already directed vide order dated 22.08.2019 in the case of river Ganga i.e. Rs. 5 lakhs per month per drain, for default in in-situ remediation and Rs. 5 lakhs per STP for default in commencement of setting up of the STP.

(ii) Timeline for completing all steps of action plans including completion of setting up STPs and their commissioning till 31.03.2021 in terms of order dated 08.04.2019 in the present case will remain as already directed. In default, compensation will be liable to be paid at the scale laid down in the order of this Tribunal dated 22.08.2019 in the case of river Ganga i.e. Rs. 10 lakhs per month per STP.

(iii) We further direct that an institutional mechanism be evolved for ensuring compliance of above directions. For this purpose, monitoring may be done by the Chief Secretaries of all the States/UTs at State level and at National level by the Secretary, Ministry of Jal Shakti with the assistance of NMCG and CPCB.

(iv) For above purpose, a meeting at central level must be held with the Chief Secretaries of all the States/UTs atleast once in a month (option of video conferencing facility is open) to take stock of the progress and to plan further action. NMCG will be the nodal agency for compliance who may take assistance of CPCB and may give its quarterly report to this Tribunal commencing 01.04.2020.

(v) The Chief Secretaries may set up appropriate monitoring mechanism at State level specifying accountability of nodal authorities not below the Secretary level and ensuring appropriate adverse entries in the ACRs of erring officers. Monitoring at State level must take place on fortnightly basis

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and record of progress maintained. The Chief Secretaries may have an accountable person attached in his office for this purpose.

(vi) Monthly progress report may be furnished by the States/UTs to Secretary, Ministry of Jal Shakti with a copy to CPCB. Any default must be visited with serious consequences at every level, including initiation of prosecution, disciplinary action and entries in ACRs of the erring officers.

(vii) As already mentioned, procedures for DPRs/tender process needs to be shortened and if found viable business model developed at central/state level.

(viii) Wherever work is awarded to any contractor, performance guarantee must be taken in above terms.

(ix) CPCB may finalize its recommendations for action plans relating to P-III and P-IV as has been done for P-I and P-II on or before 31.03.2020. This will not be a ground to delay the execution of the action plans prepared by the States which may start forthwith, if not already started."

11. Further report dated 29.10.2019 furnished by the Committee was considered vide order dated 12.12.2019 with reference to:

(a) Monitoring of functioning of existing STPs.

(b) Functioning of CETPs.

(c) Monitoring of ETPs.

(d) Setting up of new and up gradation of STPs.

(e) Setting up of ETP plan for dairy waste.

(f) Reconciliation of waste water and industrial effluents of Ludhiana.

(g) Release of fresh water in Budha Nallla and Holy Bein.

(h) Reuse of treated water for irrigation.

(i) Preventing dumping of Solid Waste.

(j) Treatment facilities in villages.

(k) Shifting of dying industries.

(l) Organizing health checkups.

(m) Direct discharges into drains.

12. The matter was last considered on 29.06.2020 in the light of 3^rd report dated 31.01.2020 and 4^threport dated 05.06.2020 of the MC. The 3^rdand the 4^threports mentioned the steps taken by the Committee for

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monitoring various issues of abatement of pollution of Sutlej and Beas rivers, including functioning of STPs, installation of OCEMS and CCTV cameras, CETPs in the catchment area of river Sutlej, ETPs of the industries, setting up of new STPs / upgradation / rehabilitation of existing STPs, installation of new CETPs for dyeing industries of Ludhiana, setting up of ETPs / Bio-gas plants for dairy waste, setting up of treatment facility in villages and utilization of treated sewage of STPs for irrigation. The report further referred to the previous recommendations and compliance status based on verification during personal visit to the concerned industries, STPs, industrial and other areas in the catchment areas of the rivers in question. The Committee gave its conclusions and recommendations for future action. The Tribunal observed:

"23. We find that the third and the fourth reports of the Committee are based on verification of data by site visits and interaction with the stakeholders. As per directions of this Tribunal, the reports have been shared with the concerned authorities. No objection has been raised to the conclusions in the report. The reports thus need to be accepted and acted upon. Directions of this Tribunal in OA 673/2018 in a separate order of date will also apply to Sutlej and Beas rivers which are covered by the list of 351 polluted river stretches.

XIII. Directions:

24. Accordingly, we direct:

(a) Let the concerned authorities in the State of Punjab take steps in terms of observations and recommendations of the Committee in the third and the fourth reports,

particularly in the matter of setting up of requisite treatment plants in the State, compliance to standards by the existing STPs and fixing responsibility on officials for non-performance of duties, compliance to standards by CETP leather complex, inadequate inspections by officials of SPCB, slow pace with regard to

new/upgradation/rehabilitation of STPs, setting up of new CETPs textile and dyeing industrial cluster, setting up of new ETP for dairy waste, bridging of gap in terms of sewage quantity to be treated, interception of the drains, maintaining flow/release of fresh water in Buddha Nallah and Holy Bein, dealing of Buddha Nalla utilization of treated waste

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water, treatment facilities for villages, laying down pretreatment standards, desilting of drains, shifting of dyeing industries, organizing health check-ups, preventing direct discharges into the drains, increased surveillance of polluting industries, training of the staff. If the timelines laid down in the order of this Tribunal dated 06.12.2019 in O.A. No. 673/2018 as modified vide order dated 29.06.2020 are crossed, compensation in terms of the directions in the said order will be payable.

(b) Local bodies in the catchment area may ensure that solid waste is not dumped into the rivers or the drains connected to the rivers.

25. Further report in the matter may be furnished by the Committee after verifying the status of compliance after four months by e-mail at judicial-ngt@gov.in (preferably in the form of searchable/OCR PDF and not image PDF). A copy thereof may be furnished simultaneously by the Committee to the Chief Secretary, State of Punjab for comments, if any."

13. Accordingly, the 5^threport has been filed by the Committee on 15.10.2020. Conclusions and recommendations in the report are:

"3.17 Conclusions and Recommendations

In view of the latest status w.r.t performance of existing sewage treatment plants, construction of new sewage treatment plants, upgradation and capacity enhancement of existing sewage treatment plants, treatment facilities for treatment of sewage in rural areas, gaps in treatment of sewage, utilization of treated sewage for irrigation, water quality of drains / Nallahs/ river, environment flow, septage and faecal sludge management, the Monitoring Committee has made the following conclusions recommendations.

3.17.1 River Sutlej

1. The Monitoring Committee has held its meeting with District Level Officers of District Ludhiana on 13.05.2020 and 21.05.2020 (pages: 3 to 5 and 5 to 13), District Jalandhar on 29.05.2020 (pages: 13 to 21), District Ferozepur on 25.06.2020 (pages: 22 to 25), District Gurdaspur on 07.07.2020 (pages: 26 to 31), District Bathinda on 10.07.2020 (pages: 31 to 33), District Tran Taran on 14.07.2020 (pages: 34 to 37), District Faridkot on 20.07.2020 (pages: 37 to 40), District Pathankot on 31.07.2020 (pages: 40 to 42), District Fazilka on 07.08.2020 (pages: 42 to 45), State Level meeting on 13.08.2020 (pages: 46 to 50), District Ludhiana on 24.08.2020 (pages: 50 to 58), District Ropar on 14.09.2020 (pages: 51 to 61), District Hoshiarpur on

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18.09.2020 (pages: 61 to 64). In these meetings the Monitoring Committee has made detailed discussion on each issue w.r.t various activities to be carried out to control of pollution in river Sutlej. The Monitoring Committee has given directions to the District Level Officers in each meeting.

The Monitoring Committee recommends that District Level Officers should comply with the directions given by Monitoring Committee timely so as to control pollution in river Sutlej.

2. Punjab Pollution Control Board is monitoring the performance of existing Sewage Treatment Plants of the towns located in the catchment area of river Sutlej on monthly basis. The analysis results that indicate that out of 50 STPs, 28 STPs (56%) are complying with all the norms w.r.t BOD, TSS and F. Coli parameters. 13 STPs (26%) are not meeting with standards for BOD, TSS and F.Coli parameters, out of which STPs Muktsar Sahib (3.5 MLD) and Jamalpur, Ludhiana (48 MLD) are lying defunct for which, department of Water Supply and Sanitation and Municipal Corporation, Ludhiana have been directed upgrade/rehabilitate the same by 31.03.2021. 03 STPs (6%) are meeting BOD and F. Coli parameters. 02 STPs (4%) are meeting with TSS and F. coli parameters. 01 STP (2%) is complying with BOD parameters. 29 STPs (58%) are complying with F. Coli parameters. 01 STP (2%) is complying with only TSS parameter. Therefore, the Monitoring Committee recommends as under:

 Municipal Corporations/ Municipal Councils/ PWSSB or any other agency operating the STPs, should operate their STPs as per the operation and maintenance manual prepared by PWSSB.

 These departments should impart trainings to the Supervisory staff.

 In order to bring down the F. coli parameter within the norms, adequate dosing of disinfectant with proper disinfectant contact mechanism should be provided.  Concerted efforts may be made by all the concerned departments to bring down the non compliance of STPs to significantly low level.

 OCEMS along with flow meters shall be installed at inflow, outflow and bye-pass of the STPs and record in this regard may be maintained by the STP operator.  OCEMS and CCTV cameras on all the STPs should be installed by 31/10/2020, failing which environment compensation may be imposed by PPCB on the defaulting STPs.

3. The performance of STPs of capacity 466 MLD of Ludhiana alone indicates as under:

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 STP Bhattian of capacity 50 MLD, based on SBR technology, is working effectively and meeting with the prescribed norms.

 STP Bhattian of capacity 111 MLD is also meeting with the parameters w.r.t. BOD parameter, whereas, the values of F.Coli ranging between 2700-3500 are beyond the permissible limits.

 STP Balloke of capacity 152 MLD is not meeting with the prescribed standards w.r.t. BOD (180-340 mg/I) and F.Coli (430000-840000 MPN/100 ml).

 STP Ballloke of capacity 105 MLD is also not meeting with the prescribed standards w.r.t. BOD and F.Coli parameters.

 48 MLD STP at Jamalpur is non functional because the machinery of the STP is lying defunct and there is proposal to construct new STP.

4. The Monitoring Committee noted that there is slow progress with regard to construction of 9 STPs of capacity

110.8 MLD during the period 01.04.2020 to 15.09.2020.  Construction of 2 STPs of capacity 8 MLD and 6 MLD of Kotkapura has been hardly increased to 86% and 85%, respectively, as compared to the progress of 85% and 84% on 31.03.2020. These STPs should be completed by 31.03.2021.  Slow progress (20-25%) has been achieved in case of 2 STPs of capacity 4 MLD and 1 MLD of Guru Harsahai. These 02 STPs of Guru Harsahai (4 MLD and 01 MLD should be completed by 31.03.2021. 2 STPs of capacity

6 MLD and 18 MLD for Jaitu and Ferozepur towns, respectively, have been completed and are at testing stage. These 02 STPs (6 MLD and 18 MLD) should be commissioned by 31.12.2020.

 For STPs of capacity 14 MLD for Faridkot Town, land has been arranged and work shall be started soon, whereas, work has been allotted in case of 50 MLD STP for Jalandhar STP. These 2 STPs of capacity 14 MLD and 50 MLD for Faridkot and Jalandhar towns should be completed by 31.03.2021.

5. The Monitoring Committee has observed that Out of 23 STPs of capacity 366 MLD which are under planning, 8 STPs of capacity 295 MLD are at tendering stage. In case of 2 STPs (Patti: 8 MLD and Ferozpur: 1 MLD) land issues are yet to be resolved. 2 STPs (Jalndhar: 15 MLD, Nawashahr: 4 MLD) are at DPR/DNIT stage. No sewerage system exists in case of 9 towns. Funds have not been tied up in case of Arniwala STP of capacity 2 MLD.

The Monitoring Committee recommends that the department of Local Govt. and PWSSB shall sort out all the issues like land issues, installation of sewage system in the unsewered areas and availability of funds for installation of Sewage Treatment Plant so that all the 23 Sewage Treatment Plants of capacity

366 MLD may be completed by 30.06.2020.

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6. In order to meet with the prescribed standards, there is need to upgrade the existing Sewage Treatment Plants technologically. Presently, out of 9 STPs of capacity 389.5 MLD, which are to be technologically upgraded, 2 STPs of capacity 152 MLD and 111 MLD are at tendering stage. 3 STPs (Phillaur: 2.6 MLD, Malaut: 3 MLD and Goniana: 3 MLD) are at DPR Stage. Work has been allotted in case of

100 MLD STP of Jalandhar. Upgradation work of 3 STPs of Sri Mukatsar Sahib of capacity 8.7 MLD, 5.7 MLD and

3.5 MLD are to be done by department of Water Supply and Sanitation.

The Monitoring Committee recommends that all the 09 Sewage Treatment Plants of capacity 389.5 MLD should be technologically upgraded by 30.06.2020.

7. Further, considering the poor quality of treated/ partially treated sewage of STPs of capacity 48 MLD, 111 MLD, 152 MLD, 105 MLD, and 50 MLD of Ludhiana area, the Monitoring Committee took serious view and directed to the Municipal Corporation, Ludhiana in its meeting with District Level Officers of District Ludhiana on 24.08.2020 that these STPs should be completed and rehabilitated by 31.3.2021 and till then, MC Ludhiana shall install in-situ remediation technology on all the drains carrying untreated sewage within 02 months. In order to show the seriousness to adhere to the said time schedule, MC Ludhiana shall submit a bank guarantee of Rs. 7 Lakh as an assurance within 10 days in office of Punjab Pollution Control Board to comply with the said directions. If by the time given, the target is not achieved by the Municipal Corporation, Punjab Pollution Control Board is free to encash the said bank guarantee treating it as a compensation for the damage caused to the environment. Presently, 14 direct outlets carrying untreated sewage of Ludhiana city are falling into Budha Nallah. Municipal Corporation, Ludhiana has covered these 14 outlets into comprehensive plan prepared for rehabilitation of existing STPs and installation of new STPs.

The Monitoring Committee has directed Municipal Corporation, Ludhiana to construct new STPs and rehabilitate the existing STPs by 31.3.2021 and ensure that all the outlets carrying untreated sewage and directly discharging into Budha Nallah shall be closed by 31.3.2021.

8. Based on the discharge of all the towns located in the catchment area of river Sutlej, the present discharge of the towns is 1231.41 MLD and present capacity of 77 Sewage Treatment Plants is 1422.5 MLD and gap in quantity of sewage to be treated has been assessed as 342.46 MLD and STPs to treat the gap in sewage quantity have been planned.

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The Monitoring Committee recommends that these STPs should be completed by 30.6.2021.

9. For utilization of treated sewage for irrigation to conserve the water, the irrigation schemes to utilize treated sewage of 134.7 MLD of 23 towns, located in the catchment area of river Sutlej, have been completed. These irrigation schemes shall cater 3661 hectares of agriculture land and treated sewage shall be utilized in these irrigation fields.

It is recommended that Punjab Pollution Control Board shall check all the irrigation schemes laid down for utilization of treated sewage of 23 towns for irrigations and submit report as to whether these irrigations have been commissioned and implemented.

10. To utilize the treated sewage of 151.5 MLD of 14 STPs, irrigation schemes to cater 5638.5 hectares of agriculture land have been sanctioned and mobilization advance of Rs. 14.72 crore has been released to the department to start the project.

The department of Soil and Water Conservation should take up the matter with State Government for release of the amount sanctioned to lay irrigation network to utilize treated sewage of 151.5 MLD of 14 Sewage Treatment Plants for irrigation.

11. For utilization of treated sewage of 16 STPs of capacity

244.4 MLD, irrigation schemes have been prepared but the funds have not been tied up so far. The department of Soil & Water Conservation shall take up the matter with department of Finance for release of funds to lay irrigation network to utilize the treated sewage for irrigation. Further, the department of Soil and Water Conservation vide its letter No 8326 dated 7.9.2020 has submitted that the department has already submitted proposal to the State Govt. for formulation a State Plan scheme for irrigation projects for completed/new STPs. Although every effort is being made for tie up of funds but considering the time required for tendering and other department procedure and the constraints that underground pipeline can only be laid when the crops are harvested and the fields are vacant. It has been requested that timelines to lay irrigation network may be revised.

The Monitoring Committee recommends that the department of Soil and Water Conservation shall start lying irrigation network to utilize the treated sewage of 16 Sewage Treatment Plants of capacity 244.4 MLD with in 01 month after the release of funds by the State Government.

12. Since the feasibility to utilize the treated sewage 100 MLD of Pholariwal, Jalandhar 111 MLD and 50 MLD of STPs of

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Bhattian, Ludhiana, has become feeble, therefore, the Monitoring Committee recommends as under:

i. The Department of Soil and Water Conservation and Municipal Corporation Jalandhar shall jointly conduct IEC activities to bring awareness among the farmers about the benefits of utilization of treated sewage for irrigation.

ii. The Department of Soil and Water Conservation shall take up the matter with Department of Finance for early release of funds amounting to 142.43 crores to lay irrigation network in the agriculture fields to utilize 267 MLD treated sewage of STPs Balloke (152 MLD and 105 MLD) for irrigation.

iii. Municipal Corporation, Jalandhar shall complete and commission the upgradation of 100 MLD STPs by

31.12.2020.

iv. Municipal Corporation, Ludhiana shall start upgradation work of 152 MLD and 111 MLD STPs by 31.10.2020.

13. Out of 75 villages covered in Phase-1 for installation of STPs, treatment facilities have been completed in 4 villages.

The Monitoring Committee recommends that STPs for the remaining 71 villages to treat their sewage may be completed by 31.03.2021.

14. 15 MLD CETP for Bahadur Ke Road dyeing industry cluster has been commissioned. Punjab Pollution Control Board should start monitoring the performance of 15 MLD CETP on monthly basis.

15. 02 CETPs of capacity 40 MLD and 50 MLD for treatment of effluent of cluster of dyeing industries of Focal point and Tajpur Road & Rahon Road, has been completed to 98.5% and 88%, respectively. Punjab Pollution Control Board should take up the matter with MOEF&CE for release of Central Govt. share for completion of CETPS so that these CETPs shall be completed by 31.12.2020.

16. For upgradation of 5 MLD CETP for leather complex, Jalandhar, PPCB shall pursue the matter with PETS, Leather Complex, Jalandhar to upgrade the same by

31.03.2020.

17. In order to restart the construction work of 0.15 MLD CETP for electroplating industries of Jalandhar, PPCB shall pursue the matter with Hon'ble High Court for vacation of stay order.

18. In order to install biogas plant to manage 330 TPD animal dung of Jamsher dairy complex, the design statement is being prepared by the contractor. Further in order to treat

05 MLD wastewater, Municipal Corporation, Jalandhar shall install ETP to treat the liquid effluent by 31.03.2021.

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19. In order to manage cow dung of Haibowal dairy complex, biogas plant of capacity 1 MW has already been installed. There is proposal to upgrade biogas plant to bio CNG plant but the delay in purchase of machinery, project has been delayed. The Monitoring Committee recommends that efforts should be made to upgrade biogas plant to BioCNG plant by 31.03.2021.

20. For the treatment of liquid effluent about 5 MLD from Tajpur Road dairy complex and 10 MLD from Haibowal dairy complex, the project has been covered under comprehensive proposal and after the opening of the tenders, priority should be given for the installation of ETPs for these dairy complex.

21. For development of biodiversity parks by Municipal Corporation, Ludhiana and Jalandhar along catchment area of Budha Nallah and Kala Singhian drain, Municipal Corporation, Ludhiana has already identified 06 sites, out of which site at Tajpur Road, near Balloke STP and Hambran Road, Haibowal site are along Budha nallah. In these parks, sapling of shady, medicinal, fruit and flowering trees have been selected. Barbed wire around the site opposite SDM office, Hambran road, Haibowal has been provided. Plants of different varieties have also been planted.

Municipal Corporation, Ludhiana has been directed to develop biodiversity park along catchment area of river Sutlej and Budha Nallah with infrastructures and environment feature required for biodiversity parks.

Municipal Corporation, Jalandhar has also been directed to identify suitable sites along Kala Singhian drain for development of biodiversity park immediate and start the process of developing biodiversity parks within 02 months.

22. Punjab Pollution Control Board is monitoring the water quality of river Sutlej at 14 locations. The comparison of data w.r.t DO, BOD and F. coli parameters for the months January, 2020 to March, 2020 and April, 2020 to August, 2020, indicates that there is improvement in the water quality. The water quality remains A class upto D/S of PACL Nangal and it comes down to B class upto u/s of Budha Nallah. After mixing of water of Budha Nallah and upto d/s of East Bein confluence with river Sutlej, it remains D class and again during its course of flow, it regains to class C upto Harike Head works.

23. Punjab Pollution Control Board is monitoring the water quality of Budha Nallah at 05 locations. There is no improvement in water quality of Budha Nallah w.r.t BOD and F. coli parameters. This is because of malfunctioning of existing 48 MLD, which is presently lying defunct and

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discharge of untreated effluent from 16 outlets and dairy effluent from dairy complex, Tajpur Road and Haibowal dairy complex, heavy metals like Hexa chrome, copper and lead have not been detected, whereas, the values of T.Cr, Zinc, Iron, Nickel and Maganese have been found varying between 0.07 to 0.35 mg/I, 0.19 to 1.5 mg/I, 1.42 to 14.2 mg/I, 0.06 to 0.25 mg/I, and 0.13 to 0.48 mg/I, respectively.

24. The water quality of East Bein is monitored at 04 locations. The values of BOD, TSS and F. coli have been found varying between 12-68 mg/I, 36-132 mg/I and 700 -46000 MPN/100m1. Water quality further indicates that East Bein at Phagwara contains low values of BOD, TSS and F. coli. Its quality starts degrading at its entry at Jalandhar because of discharge of part of untreated sewage of Jalandhar area and untreated effluent from dairy complex, Jamsher and scattered dairies. Total Chrome, Nickel and Lead have not been detected in East Bein water. The values of Zinc and Iron have been found varying between 0.08 to 0.14 mg/I and 0.54 to 1.08 mg/I, respectively.

25. Punjab Pollution Control Board monitors the water quality of Kala Singhian drain and the values of BOD and TSS have been observed as 28-66 mg/I and 42-118 mg/I at its section at Pathankot-Jalandhar Road. The water quality of Kala Singhian drain degrades (BOD: 80- 192 mg/I) at section crossing culvert at village Khanpur. The values of Zinc, Total Chromium and Lead have not been detected. The values of Zinc have been found varied between 0.09 to 0.54 mg/I.

26. PPCB has installed 02 Real Time Water Quality Monitoring System (RTWQMS) in Budha Nallah, Ludhiana. Punjab Pollution Control Board shall monitor the water quality of Budha Nallah at this location manually and shall compare the data with the data obtained from Real Time Water Quality Monitoring System (RTWQMS).

27. Punjab Pollution Control Board shall carry out the performance of In-situ bio remediation technology installed in Phulana drain and replicate the same in other drains carrying untreated sewage not connected to any

STP.

28. NGO office, Ludhiana has set up micro forest at various locations in Budha Nallah to increase its aesthetic value.

29. Punjab Pollution Control Board shall conduct surprise inspection of large scale electroplating industries of Ludhiana to ensure that zero liquid discharge technology effluent treatment plants, installed by these industries, are operated at all the times and effluent from these industries should not be allowed to discharge into sewerage system further leading to Budha Nallah. The

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permeate from zero liquid discharge technology ETPs should be recycled back into the processes of the industries. The toxic sludge from the ZLD system should be disposed off to TSDF, Nimbuan.

30. In order to maintain Environment flow in river Sutlej, the Monitoring Committee recommends that the following directions be given to the various departments of State of Punjab.

 Department of Water Resources and Department of Soil & Water conservation shall identify the area / stretches in the catchment area of river Sutlej for providing check dams / storage tanks for storage of run off / storm water during rainy days and the stored water may be released in regulated way so as to maintain the quality of drains/Nallah/river water at down streams.  The Municipal Councils / Corporations / Department of Local Govt. shall install STPs to achieve the stringent parameters i.e. BOD: 10 mg/I, so that the resultant value of BOD after mixing with the river water may be nearly 3 mg/I.

 The industries be directed to achieve the stringent parameters i.e. BOD: 10 mg/I. The industries discharging wastewater, having toxic constituents, may not be allowed to discharge their effluent into drains/Nallah/rivers / water bodies. These industries may be directed to achieve Zero Liquid Discharge technology.

31. With regard to release of fresh water from Sirhind Canal into Budha Nallah, it was informed to the Monitoring committee in the meeting held with District level officers of District Ludhiana that tendering processes shall be completed by 15.08.2020 and work shall be allotted to the Contractor by September, 2020, work shall be started by October, 2020 and project shall be completed by April,

2021.

The Monitoring Committee directed that the Department of Water Resources shall ensure that the project regarding release of fresh water from Sirhind Canal into Budha Nallah shall be completed by 31.03.2021.

32. For management of Septage and Faecal sludge, the Monitoring Committee recommends that the Deptt. of Rural Development & Panchayat and Department of Local Govt. shall jointly constitute committees to identify the sources of generation of septage and feacal sludge from rural and urban areas and these departments shall prepare a comprehensive plan to dispose of these materials in an environmentally sound manner in a time bound manner.

3.17.2 River Beas

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1. Presently, sewage treatment plants of capacity 76.1 MLD for 10 towns, located in the catchment area of River Beas, have been installed by Punjab water Supply and sewerage Board and 5 STPs have been installed by MES authorities. The performance study of STPs located in the catchment area of river Beas, as monitored by Punjab Pollution Control Board, indicates as under.

There is improvement w.r.t parameters BOD, TSS and F. coli parameter is case of 05 STPs, whereas, no improvement has been observed in case of 02 STPs. 01 Sewage Treatment Plant has been found complying BOD and TSS parameters.

01 Sewage Treatment Plant has been found achieving BOD parameter and 01 STP found achieving TSS parameters.

2. It has been observed by the Monitoring Committee there is proposal to construct 11 new Sewage Treatment Plants of capacity 30.5 MLD. Out of these 11 Sewage Treatment Plants, 02 Sewage Treatment Plants are at tendering stage. Land issues are yet to be resolved in case of 04 Sewage Treatment Plants. 03 Sewage Treatment Plants are at DNIT stage. In case of 01 Sewage Treatment Plant (Rawal and its colonies: 03 MLD), funds are yet to be received from) DA. 01 Sewage Treatment Plant of capacity 1.3 MLD for Goindwal Sahib town, department of Water Supply and Sanitation has to installed the Sewage Treatment Plant.

The Monitoring Committee recommends that these STPs should be completed completed by 31.03.2021.

3. 25 MLD Sewage Treatment Plant of Kapurthala which is based on old technology, was required to be upgraded to meet with the standards prescribe. Now PWSSB has completed the upgradation work of Sewage Treatment Plant.

Punjab Pollution Control Board should check the performance 25 MLD sewage treatment plant of Kapurthala within 15 days.

3. The total discharge of 21 towns located in the catchment area of river Beas is 83.1 MLD and present capacity of Sewage Treatment Plant is 104 MLD. There is gap of 17.10 MLD sewage quantity to be treated of 09 Sewage Treatment Plants.

The Monitoring Committee recommends that gap in sewage quantity to be treated should be completed by

31.03.2021.

4. In order to utilize the treated sewage of STPs of 09 towns of capacity 52.7 MLD, irrigation schemes have been completed. Under these irrigation schemes, 1371 hectares of land has been covered.

Punjab Pollution Control Board shall check these irrigation schemes and ensure that these irrigation

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schemes should have been commissioned to utilize the treated sewage for irrigation.

5. Irrigations schemes to utilize treated sewage of 07 towns have been prepared but the funds have not been tied up so far.

The department of Soil and Water conservation shall take up the matter with State Government to refunds so that irrigation network for 07 towns may be laid.

6. Water quality of river Beas is monitored by Punjab Pollution Control Board on monthly basis at 10 locations. The water quality of river Beas has been found complying B class parameters as per the water quality criteria prescribed by

CPCB.

7. Water quality of Holy Bein (Kali Bein) is monitored at 07 locations on monthly basis. The analysis results indicate that the water quality of Holy Bein meets with B class as per the water quality prescribed by CPCB.

8. To maintain the Environment flow and to restore the quality of river Beas, the following recommendations are made:

i. Department of Water Resources and Department of Soil & Water conservation shall identify the areas / stretches in the catchment area of river Beas for providing check dams / storage tanks for storage of run off / storm water during rainy days and the stored water may be released in regulated way so as to maintain its quality at down streams.

ii. The Municipal Councils / Corporations / Department of Local Govt. shall install STPs to achieve the stringent parameters i.e. BOD: 10 mg/I, so that the resultant value of BOD after mixing with the river water may be nearly 3 mg/I.

iii. The industries be directed to achieve the stringent parameters i.e. BOD: 10 mg/I. The industries discharging wastewater having toxic constituents may not be allowed to discharge their effluent into rivers / water bodies. These industries mat be directed to achieve Zero Liquid Discharge (ZLD) technology.

9. PPCB shall install Real Time Water Quality Monitoring System (RTWQMS) at the appropriate locations by 31.12.2020.

10. Punjab Pollution Control Board shall carry out the performance of In-situ bio remediation technology installed in Phulana drain and replicate the same in other drains carrying untreated sewage not connected to any STP.

11. For management of Septage and Faecal sludge, the Monitoring Committee recommends that the Deptt. of Rural Development & Panchayat and Department of Local Govt. shall jointly constitute committees to identify the sources of generation of septage and faecal sludge from rural and urban areas and these

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departments shall prepare a comprehensive plan to dispose of these materials in an environmentally sound manner in a time bound manner."

14. From the report of the Monitoring Committee, it can be seen that there are still huge gaps in capacity and functioning of the STPs, CETPs as well as the ETPs, reuse of treated water for irrigation, preventing dumping of Solid Waste, industrial pollution, preventing direct discharge of pollution in the drains and the rivers, irrigation scheme for using treated sewage water, in situ remediation of drains, maintaining e-flow of rivers and septage management. There is need to set up CCTV cameras, more monitoring stations, creating awareness and organizing health check-ups, apart from other administrative measures as suggested by the Committee. This requires sustained efforts at different levels of the administration, local bodies, District Administration and policy level of the State. There is no opposition to the recommendations. In fact, learned Counsel for the State Water Supply and Sewerage Board and Municipal Corporation, Ludhiana submitted that further action on the basis of the recommendations of the Committee will go a long way in restoration of the rivers. Accordingly, we direct acceptance of the recommendations of the Committee and further action on that basis.

15. As already noted, that the general issue of restoration of 351 river stretches, including the rivers in question is being separately dealt with in OA 673/2018, (In Re: News item published in "The Hindu" authored by Shri Jacob Koshy, titled "More river stretches are now critically polluted:

CPCB"). After orders dated 6.12.2019 and 29.6.2020 in the said matter, mentioned earlier, the matter was last considered on 21.9.2020 in the light of report of the CPCB and the Central Monitoring Committee (CMC), headed by the Ministry of Jalshakti, in pursuance of earlier orders in the said

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matter. The matter was considered with OA 593/2017, in pursuance of directions of the Hon'ble Supreme Court in (2017) 5 SCC 326, requiring all the States in the country to ensure requisite water treatment devices in time bound manner by 31.3.2018, after which coercive measures must be taken. Following the orders of the Hon'ble Supreme Court, the Tribunal directed that the River Rejuvenation Committees and the Chief Secretaries of all States/UTs must ensure preventing of any pollution of the rivers by enforcing the statutory law and norms and Constitutional obligation of providing pollution free environment.

The said directions are:

"Going Forward

24. We have duly considered the CPCB, CMC and OC reports as above and noted the gaps and recommendations. We accept the recommendations of the Committees already quoted above that the States should furnish quality information and comply with the directions of this Tribunal in terms of orders dated 06.12.2019 and 29.06.2020. The violation of mandate of 100% treatment of sewage may be visited with the assessment and recovery of compensation and violation of timelines for setting up of pollution control devices may also be likewise strictly enforced with the compensation regime in place. There is also need for fully utilizing and augmenting the existing infrastructure as already noted above.

25. The States/UTs may consider using HAM as a business model as well as OCOP concept, FSSM Policy, alternative models for treatment of sewage/faecal sludge, decentralized STPs and also strengthen the online monitoring system. We are also of the view that flood plain zones of all the rivers need to be mapped and demarcated and encroachments removed therefrom. The same be utilized for plantation, creation of bio- diversity parks and constructed wetlands or other recreational purposes, consistent with the environmental concern. We agree with the OC that river side mining needs to be regulated. To reduce the timelines for setting up of STPs, many States/UTs are consuming time in preparing DPRs whereas model DPRs can be prepared and used for shortening the timelines. Similarly, SOPs need to be prepared for the timeline to be taken in setting up of STPs as well as for maintenance and operation of existing STPs particularly those not meeting the norms. Number of monitoring stations also needs to be suitably increased. We are also of the view that the State RRCs must function effectively and the Chief Secretaries must hold monthly meetings as it is found from the report of the OC for the State of UP that the

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Chief Secretaries may not be doing so. Huge failures of the States/UTs may show poor governance as far as environment is concerned which may need to be remedied. As found by the CMC, neither delay is explained nor accountability is fixed for the failure of the concerned officers which is not a happy situation.

26. While dealing with the control of pollution of River Ganga, the Tribunal noted that following action points for monitoring:

i. Setting up of STPs, Interception and Division (I&D) of drains and preventing untreated sewage and effluents

ii. Use of treated water

iii. Use of sludge manure

iv. Status of septage management

v. Compliance in relation to industries

vi. Installation of STPs/treatment facilities in Hotels/Ashrams and Dharmshalas.

vii. Water quality monitoring of river Ganga and its tributaries.

viii. Maintenance of environmental flow in river Ganga.

ix. Disposal of Bio-medical waste.

x. Compliance of Solid Waste Management (SWM) Rules, 2016.

xi. Preparation of maps and zoning of flood plains.

xii. Mining activity under supervision of the concerned authorities.

xiii. Action against identified polluters, law violators and officers responsible for failure for vigorous monitoring.

CMC/RRCs/ OC for UP may conduct further monitoring keeping in mind the above action points.

Xx xx xx xx

36. Accordingly, we issue following directions:

i. All the States/UTs may address gaps in generation and treatment of sewage/effluents by ensuring setting up of requisite number of functional ETPs, CETPs and STPs, as directed by the Hon'ble Supreme Court in (2017) 5 SCC

326.

ii. The timeline for commissioning of all STPs fixed by the Hon'ble Supreme Court, i.e., 31.03.2018, has long passed. The Hon'ble Supreme Court directed that the State PCBs must initiate prosecution of the erring Secretaries to the Governments, which has also not happened. This Tribunal was directed to monitor compliance and, in the course, thereof, we direct that compensation may be recovered in the manner already directed in earlier orders (See, Paras 5 and 6 herein), which may be deposited with the CPCB for restoration of the environment.

iii. The unutilized capacity of the existing STPs may be utilized expeditiously.

iv. The States/ UTs may ensure that the CETP, ETPs and STPs meet the laid down norms and remedial action be taken wherever norms are not met.

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v. It must be ensured that no untreated sewage/effluent is discharged into any water body. Prompt remedial action may be taken by the State PCBs/PCCs against non- compliant ETPs/CETPs by closing down or restricting the effluents generating activity, recovering compensation and taking other coercive measures following due process of law.

vi. Directions outlined in Paras 24-26 herein may be implemented by the States/ UTs, and their compliance monitored by the Chief Secretaries at the State level, and the CMC at the National level.

xxx xxx xxx

x. CMC may consider development of an appropriate App to enable easy filing and redressal of grievances with regard to illegal discharge of sewage/effluents.

xi. The monitoring by the CMC may have the target of reduction of pollution loads and improvement of water quality of rivers and coastal areas.

xii. The CMC may also monitor the setting up of the bio-diversity parks, constructed wetlands and other alternative measures to reduce pollution load.

xiii. The CMC may also monitor demarcation of flood plain zones.

xiv. The treated sewage water may be duly utilized for secondary purposes by preparing appropriate action plans and reports in this regard be filed with the CPCB periodically.

xv. CMC may submit its consolidated update report incorporating all the above, before the next date. Each action point mentioned in Para 26 may be individually covered, and summarized in a tabular format."

16. The case in hands has been pending for the last almost seven years. There have been several orders passed finding pitiable condition of the rivers and the drains connected thereto with inadequate steps by the administration to perform its obligation. Even the State was required to pay compensation of Rs.50 crore for its neglect. The same was also upheld by the Hon'ble Supreme Court. The Monitoring Committee, constituted by this Tribunal, first of statutory regulators (like CPCB, State PCB) and later with a former Judge of the High Court, a former Chief Secretary of the State and a former Member Secretary of the State PCB has functioned for more than two years. Monitoring by the Tribunal or the Tribunal appointed Committee cannot be a

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regular feature and is only a last resort for some period. It is finally for the State to take ownership of the subject and take stern measures and evolve effective monitoring mechanism to remedy the situation to give effect to its Constitutional obligation to provide clean environment to the citizens and protect natural and scarce environmental resources like water, air and soil for current and future generations. Violators of environmental norms need to be sternly dealt with in the same manner as other criminals threatening the safety of the citizens.

17. Accordingly, as already directed earlier, the ownership of the issue may now be taken over by the Chief Secretary, Punjab who may, having regard to seriousness of the issue, affecting health and environment, personally monitor progress of compliance atleast once in a month and also evolve an appropriate administrative mechanism to handle the grim situation. We may also note that the RRCs headed by Environment Secretaries in all the States/UTs have already been directed to monitor execution of action plans for the polluted river stretches on continuous basis. The RRC Punjab may also accordingly monitor execution of action plans for Sutlej and Beas rivers in continuation of 5^th report of the Monitoring Committee, referred to above, subject to overall oversight of the Chief Secretary. The Chief Secretary while reviewing the status of various issues may focus on timely completion of the ongoing works. Quarterly reports be sent by the Chief Secretary to the CMC in terms of the order dated 21.09.2020 in OA 673/2018 which deals with the subject of restoration of 351 polluted river stretches, including the rivers in question.

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18. We place on record our appreciation for the significant contribution of the Committee in monitoring the control of pollution of rivers Sutlej and Beas and setting a direction by its recommendations. With the taking over of further monitoring by the Chief Secretary, Punjab, the proceedings of the Committee on the subject will stand concluded subject to further monitoring being continued by the State authorities as above.

19. However, we request the Monitoring Committee to render such further assistance as may be considered necessary by the Chief Secretary and found possible by the Committee in the transitional period. The Committee may continue to monitor other important issues, as requested by the Tribunal, for some more time and give its reports to this Tribunal. The Committee may, in particular monitor review/updation/finalisation of District Environmental Plans, in terms of orders of this Tribunal dated 15.07.2019 in OA 710/2017, Shailesh Singh vs. Sheela Hospital & Trauma Centre, Shahjahanpur & Ors. and order dated 19.03.2020 in OA 360/2018 and give a status report as on 31.3.2021 to this Tribunal in OA 360/2018, Shree Nath Sharma v. Union of India & Ors. by 15.04.2021 by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. The order dated 15.07.2019 in OA 710/2017, to the extent relevant for this order, is quoted below:

"8. …. We find it necessary to add that in view of Constitutional provisions under Articles 243 G, 243 W, 243 ZD read with Schedules 11 and 12 and Rule 15 of the Solid Waste Management Rules, 2016, it is necessary to have a District Environment Plan to be operated by a District Committee (as a part of District Planning Committee under Article 243 ZD) with representatives from Panchayats, Local Bodies, Regional Officers, State PCB and a suitable officer representing the administration, which may in turn be chaired and monitored by the District Magistrate. Such District Environment Plans and Constitution of District Committee may be placed on the website of Districts concerned. The monthly report of monitoring by the District Magistrate may be furnished to the Chief Secretary and may be placed on the website of the District and kept on such websites for a period of one year. This may be made operative from 1.08.2019. Compliance of this

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direction may also be seen by the Chief Secretaries of the States/UTs. This may not only comply with mandate of law but provide an institutional mechanism for effective monitoring of environment norms."

20. The same was reiterated in the order dated 19.03.2020 in OA 360/2018, Shree Nath Sharma v. Union of India & Ors. The Tribunal referred to the 'Model District Environment Plan' prepared by the CPCB covering following seven areas:

"1. Waste Management

a) Solid Waste

b) Biomedical waste

c) Construction and Demolition Waste

d) Hazardous Wastes

e) Electronic Waste (E-Waste)

f) Plastic Waste

2. Water Quality Management

3. Ambient Air Quality

4. Domestic Sewage

5. Industrial Waste Water

6. Mining Activity

7. Noise Pollution" Directions were issued to the State PCBs/PCCs and the Principal Secretaries, Environment, of all the States/UTs to coordinate with the District Magistrates for finalization of such plans based on which the State Level Environment Plans and National Level Environment Plans could be prepared.

To enable the Committee to accomplish its job, the State PCB and other departments of the State may provide requisite assistance. The application is disposed of.

A copy of this order be forwarded to Justice Jasbir Singh, former Judge of the Punjab and Haryana High Court, the Chief Secretary and the Secretary, Environment, Punjab, heading the RRC by e-mail. Adarsh Kumar Goel, CP

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S.K. Singh, JM Dr. Nagin Nanda, EM January 22, 2021 Original Application No. 916/2018 (Earlier O.A. No. 101/2014)

DV

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