Noida: Register criminal cases against those who dump untreated sewage, says NGT

In a strongly worded judgment on December 23 against untreated sewage and waste being dumped in Kondli and Shahdara drains , the National Green Tribunal (NGT) asked the Inspector General of Meerut zone to register criminal cases against the violators

In a strongly worded judgment on December 23 against untreated sewage and waste being dumped in Kondli and Shahdara drains , the National Green Tribunal (NGT) asked the Inspector General of Meerut zone to register criminal cases against the violators.

Delhi authorities have been asked to ensure that no waste water enters Noida from Kondli. (Sunil Ghosh /HT)

The green court also reprimanded the Noida authority for providing misleading information and allowing occupancy in societies that have not set up their sewage treatment plants yet.

“It has come out during interaction with the CEO, Noida, that as against the claim of STPs of 72 out of 95 group housing societies being functional, the stand of state PCB is that only 12 were compliant. There is also a contradiction in the narrative in the report of the Noida authority on the one hand and details mentioned in the annexures to the report,” said the NGT order.

The order said the court was informed by the Noida authority that partial occupancy certificates are issued by the authority to facilitate builders to sell flats, which, according to NGT “prima facie amounts to offence”.

“This policy will have to be reviewed to effectuate the mandate under the EC/Consent conditions read with Water and EP Acts. Though STPs were required to be functional before occupancy, they are either not installed or are non-functional or non-compliant. Compliance is proposed in the distant future extending upto four years, without specifying the accountability/liability of the PP responsible for the situation for continuing violation in the meantime. Granting partial or completion certificates must be compliant with EC/Consent conditions,” the court said.

The court also pointed out that the reports submitted by Noida authority during the hearings seem to show “compliance” but that has not been the case. On the contrary, the reports seem to portray violations of environmental norms by developers.

“It is shown that various sewer lines are lying choked or/are overflowing, which obviously results in water pollution. This situation can hardly be held to be satisfactory, though colour of compliance has been given, which, on scrutiny, can hardly be called compliance. On the other hand, this amounts to absolving the non-compliant Project Proponents (PPs) of statutory obligations under the EC/Consents and profiteer by law violation which inter-alia amounts to an offence under Section 3 of the Prevention of Money Laundering Act, 2002 (PMLA Act, 2002),” said the order.

The NGT was hearing a case filed in 2017 by residents of Sector 137 in Noida claiming that untreated sewage was being dumped by Delhi, Noida and Ghaziabad in the Kondli and Shahdara drains, polluting these drains and irrigation canals that eventually merge with the Yamuna river.

Noida authority officials explained that more work than was reported to the NGT has been done within the last six months, hence has not been highlighted in the order.

“There are 97 Group Housing Societies in the city, all of which are now connected to the central sewage network. Over 70 of these are fully functional and compliant now. The rest actually have technical issues. Four Amrapali projects were given occupancy because of court orders and 11 smaller, older societies have submitted that they do not have the space for separate STPs. Others have been given a deadline of January for the completion of work. The court appreciated a lot of our work during the final hearing. Whatever gaps remain, we will fulfill soon,” said Ritu Maheshwari, CEO, Noida authority.

The NGT asked the authority to impose penalties that act as a “deterrent” against the dumping of untreated waste and use the amount for fixing environmental issues. According to the order, “Compensation has to have a deterrent element having regard to financial capacity so that the law violation is not encouraged. Compensation amount needs to be credited to a separate amount for restoration and improvement of the environment.”

It also asked the authority to prepare a time-bound plan for connecting all 30 of its sewage drains, only 12 of which seem to be properly functional as of now.

Meanwhile, the Uttar Pradesh Pollution Control Board (UPPCB) has been asked to maintain the water quality of the irrigation canal (Kondli drain) as per the Water Act. It also has to ensure the regular monitoring of performance of terminal STPs as well as of group housing societies STPs. The UPPCB will also ensure that Khoda Nagar Palika sets up the required STP.

Utsav Sharma, regional officer, UPPCB, said, “We have already imposed penalties on the Khoda Nagar Palika and are trying to ensure compliance in the area. We will ensure all NGT orders are followed.”

Delhi authorities have been asked to ensure that no waste water enters Noida from Kondli.

According to the applicant of the case, Abhisht Kusum Gupta, a resident of Sector 137, Noida, “This is a path-breaking judgment. While most authorities have taken action to improve the situation, Khoda Vikas Parishad is the major cause of concern. It is discharging 20 MLD of sewage water in the drains, because of which whatever efforts are made by Noida becomes nil and leads to much wastage of resources. Why should Noida scavenge the dirt of other bodies? This area needs more focus.”