The Principal Bench of the National Green Tribunal at New Delhi took into consideration the pollution crisis in Doodh Ganga and Mamath Kull, both tributaries of River Jhelum in Jammu & Kashmir. After reviewing the issues laid down by the Petitioner, NGT was convinced that there are prima facie violations of the Water (Prevention and Control of Pollution) Act, 1974 in terms of these two water bodies.
Background
Grievance in this application is against failure to prevent discharge of sewage and dumping of solid waste into river Doodh Ganga and Mamath Kull in violation of provisions of the Water (Prevention and Control of Pollution) Act, 1974, judgments of the Hon’ble Supreme Court dated 22.02.2017 inter alia in Paryavaran Suraksha Samiti v. Union of India and orders of this Tribunal on the subject.
Case set out in the application was that Doodh Ganga is a tributary of the Jhelum River. It originated from Pir Panjaal Mountain and thereafter passed through the number of villages and towns up-stream to down-stream like Sogam, Chadoora, Wathora, Kralpora, Bagh-e-Mehtab, Channapora, Natipora, Barzulla, Bulbul Bagh, it merges into Hoker Sar Lake, at Lawaypora, Narbal and eventually meets the Jhelum River. Mamath Kull also originates from Pir Panjal Mountains and after passing through the number of villages in Budgam District, enters the Mamath Village which is 1 km away from the stream and thereafter first enters the Hokersar Lake and eventually meets the Jhelum River. Rivers Doodh Ganga and Mamath Kull had been subjected to pollution from pesticides from Apple Orchards, discharge of untreated sewage and dumping of municipal solid wastes from the area falling under Srinagar Municipal Corporation and Municipal Committee of Budgam.
Summarized submissions or concerns of Petitioner
a) Large quantities of pesticides are flown into the Doodh Ganga River from the Apple Orchards;
b) The Srinagar Municipal Corporation is continuously discharging untreated sewage in river Doodh Ganga from 13 dewatering pumping stations installed at various locations on the banks of river Doodh Ganga;
c) Till date no STPs have been established by the Srinagar Municipal Corporation or any other Government Body in the entire stretch around river Doodh Ganga as a result of which all the untreated sewage from residents, commercial establishments, shopping malls, butcher houses, poultry shops, laboratories, diagnostic centres and domestic sewage are directly discharged into the river without any scientific treatment;
d) A large number of Municipal Solid Wastes are unscientifically dumped on the banks of river Doodh Ganga and during the present rainy season there is a grave danger of the entire waste to be flowing into the river which is a tributary to River Jhelum;
e) A large amount of municipal solid wastes are being dumped unscientifically on the banks of the Mamath Kull stream by the Municipal Committee of Budgam. There is a grave danger of the entire waste flowing into the stream which eventually meets River Jhelum, thereby causing major environmental degradation.
The areas where untreated sewage was being discharged were Sogam, Chadoora, Wathoora and Bagh-e-Mehtab, Chanapora, Natipora, Barzulla, Bulbul Bagh and other areas
Order of the Court
Prima facie it appeared to the Court that there was a continued violation of the Water Act to the prejudice of the environment and public health which remains unchecked. Thus, the intervention of the Tribunal may be called for. Accordingly, the Court directed the authorities to verify the facts and take remedial action in accordance with the law.
The court directed to constitute a five-member Joint Committee of CPCB, J&K PCC, Deputy Commissioners, Srinagar and Budgam and the Director, Urban Local Bodies, J&K. The State PCB will be the nodal agency for compliance and coordination.
The Committee may look into the water quality in terms of Fecal coliform, the quantity of sewage being discharged, solid waste being dumped on the banks and the action plan prepared by the River Rejuvenation Committee (RRC) for J & K constituted as per orders of the Tribunal. Further action is planned and executed accordingly.
The court relied on, Paryavaran Suraksha Samiti v. Union of India & Ors, Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues, In re: News item published in “The Hindu” authorized by Shri Jacob Koshy titled “More river stretches are now critically polluted: CPCB” for giving this order.
This matter was listed to be heard on 8th March 2022.
Case Title: Raja Muzaffar Bhat v. Union of India & Others
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