Action Plan Identified Polluted Stretches of Rivers Jammu and Kashmir (Ref:- Hon’Ble NGT Order Dated 20Th September,2018)

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Action Plan Identified Polluted Stretches of Rivers Jammu and Kashmir (Ref:- Hon’ble NGT Order dated 20th September,2018)

RIVER REJUVENATION COMMITTEE JAMMU AND KASHMIR INDEX

Action Plan on Identified Polluted Stretches of Rivers in Jammu and Kashmir S. No Contents Page No

a) Introduction 1 to 3

b) Monitoring and Identification of Polluted Stretches 3

c) Hon’ble NGT directions 3 to 4

d) Proposed Action Plan for river stretches of Jammu Region 4 to 31

1) River Devika 5 to 9

2) River Banganga 9 to 13

3) River Tawi 14 to 21

4) River Basanter 21 to 26

5) River Chenab 26 to 31

e) Proposed Action Plan for river stretches of Kashmir Region 31 to 53

1) River Chunt Kol 32 to 39

2) River Jhelum a) (Gawakadal Bridge to Nowhatta) 39 to 50 b) (Chattabal Weir to Anantnag)

3) River Sindh 51 to 53

f) Hon’ble NGT Order dated: 20/09/2018 (Complete Order) 1 to 31 pages

Progress report submitted to CPCB on 14/12/2018, on Action Plan g) 11 pages for River Devika, Priority II

Action Plan on Identified Polluted Stretches of Rivers in Jammu and Kashmir to bring them to the level fit for bathing purposes.

Ref:- Hon’ble NGT Order dated 20th September, 2018, Original Application No. 673/2018. A) Introduction:-

Jammu and Kashmir, also referred as the crown of the country, is situated at the northern most extremity of India between 32.150 and 37.050 North latitude and 72.350 and 83.200 East longitude, having an area of 2,22,236 Sq. Kms. The State is divided into three geographical regions, namely; Jammu, Kashmir and Ladakh, having a population of 1,25,48,926 ( as per census 2011). All the three areas differ from region to region and show

Jammu and Kashmir with Water Bodies and other boundaries 1 varied cultures, climate, soils, flora and fauna and also the way of life is different on account of climatic and other meteorological factors.

The name, fame and glory of the state of Jammu and Kashmir is attributed to its topography, climatic conditions and natural beauty. The State is enriched with wetlands and water bodies which are of world fame and prominent among these are Ramsar Sites viz Hokarsar lake, Mansar lake, Surinsar lake, Wular lake and Tso Moriri lake , which are of great ecological importance too. Other important lakes and wetlands in the state are: - Dal lake, Nigeen lake, Anchar lake, Gharana wetland etc. Besides these some important rivers such as Tawi, Chenab, Basanter, Ujh , Devak, Ravi etc. flow in the Jammu region and River Jhelum, Lidder, Dudhganga, Sukhnag, Sindh etc. are famous rivers of the Kashmir region.

The State is famous for its crystal clear water bodies, lofty mountains, spring fed meadows and alpine forests. However, the most fascinating character that nature has gifted is its innumerable freshwater bodies (lakes, wetlands, ponds, rivers, springs and streams) which are not only important for the ecological, socio-economic and cultural heritage of the state but also serve as a primary source for the up-liftment of local economy as there are many Hydel Power Projects on these water bodies. Most of these water bodies are major tourist attraction sites.

The State Pollution Control Board, having its mandate under Water (Prevention and Control of Pollution) Act, 1974, has taken a step forward by monitoring the water quality of these water bodies so as to determine the water quality status and level of pollution loads. Based on the basic data generation for different water bodies across the State, the Central Pollution Control Board has sanctioned 27 monitoring sites for different water bodies in Jammu region, 47 monitoring sites in Kashmir region and 08 in Ladakh

2 region under National Water Monitoring Program (NWMP) during the year 2010-11. The monitored data is being regularly submitted to Central Pollution Control Board as per the guidelines of NWMP.

B) Monitoring and Identification of Polluted Stretches. i) Background:-

On the basis of monitoring and data submission to CPCB through EWQDES (Environmental Water Quality Data Entry System) under National Water Monitoring Program during the period 2016-17, the CPCB has identified 351 Polluted River stretches in 2018, falling in the range of Priority I to Priority V, including nine (09) polluted stretches of different rivers in Jammu and Kashmir. Among these nine stretches, five (05) Polluted stretches on different rivers are in the Jammu region and four (04) have been identified in the Kashmir region.

ii) CPCB Criteria for Priority/Category:

Based on pollution load as per BOD level assessed, the criteria for Priority / Category is as below:-

S.No. Criteria for Priority/Category Monitoring location with BOD values 1 I Exceeding 30mg/l 2 II 20-30 mg/l

3 III 10-20 mg/l 4 IV 6-10 mg/l 5 V 3-6 mg/l

C) NGT Directions:-

In reference to Hon’ble NGT Judgement dated 20th Sept. 2018 in the matter of O.A No.673/2018, regarding rejuvenation of Polluted River Stretches, 351 locations have been identified as polluted river stretches across the country based on pollution load. As per the NGT order for River 3

Stretches Restoration of Water Quality (State wise and Priority wise), action plan has been sought for making the river polluted stretches fit for bathing purpose (i.e , BOD < 3mg/l ), with in a period six months after finalization of action plan.

Polluted river stretches (09 No.) identified in the state are:-

Stretch BOD Category S.No Name of River Polluted Stretch Distance Range /Priority (Km) (mg/l) Guru Ravi Dass Temple to Nainsu 1 River Devika 5.0 3.4-22 II at Udhampur

Banganga, Pony Shed to Bathing Ghat, 2 3.0 6-14 III Holy Stream Banganga, Katra

Surajpur to Belicharana, River 3 River Tawi 5.0 5-8.3 IV Tawi at Jammu.

Samba to Chak Manga rakwal, 4 River Basanter 5.0 5-6 V adjoining IGC Samba Jal Patan (Jio Pota) to Pargwal at 5 River Chenab 12.0 5.0 V Akhnoor Maulana Azad Bridge to 6 Chunt kol 5.0 14.5 III Kanikadal

7 Gawkadal Gawkadal bridge to Nowhata 2.0 9.0 IV

8 Jhelum Chattabal Weir to Anantnag 40.0 3.2-5.5 V

9 Sindh Along Duderhama (Ganderbal) 3.7 3.7 V

D) Proposed Action Plan for river stretches of Jammu Region:-

Polluted River stretches identified on different rivers in Jammu region and river wise action required for restoration of water quality to the level fit for bathing purpose are:-

Map of Jammu Region showing Rivers under reference.

1) River Devika:- Stretch identified:- Guru Ravi Dass Temple to Nainsu at Udhampur (5.0 Km), Priority -II.

River Devika, a tributary of River Basanter, originates from Sudh

Mahadev near Chenani, also called as Gupt-Ganga and known for its religious importance and sanctity. At many places it goes under-ground. In

Udhampur, it flows in the form of a small stream fed by water from many bowlies (natural springs) such as Rahmti Mohalla Bowli, Gandari bowli etc.

The sewage and waste water from major of establishments of Udhampur town and its adjoining areas is also discharged untreated into the river. The

State Pollution Control Board is regularly monitoring the water quality of

Devika river near Shiv Mandir Udhampur on quarterly basis under NWMP.

The polluted stretch up to the distance of 5 Km has been identified as per

5 Hon’ble NGT Order dated 20th September, 2018 in Priority-II as per CPCB criteria for priority/categorisation based on BOD load in the range of 20-30 mg/l. In the stretch of river Devika from Guru Ravi Dass temple to Nainsu at

Udhampur, the level of BOD has been recorded during the period 2016-17 in the range of 3.4-22 mg/l. Thus, this stretch of river Devika has been categorised in Priority-II.

Polluted Stretch of River Devika from Guru Ravi Dass Temple to Nainsu at Udhampur

1. a) Causes of Pollution:-

The water quality of this stretch of river Devika gets

deteriorated due to discharging of un-treated sewage from nearby

localities / establishments. Besides this, other reason for 6

deterioration of the water quality of Devika is unabated disposal of

Municipal Solid Waste along the river.

1. b) Action Plan Proposed:- For rejuvenation and pollution abatement of holy rivers Devika and Tawi at Udhampur town, the MoEFCC, Govt. of India, has recently approved and sanctioned the project under National River Conservation Plan (NRCP) with an estimated cost of Rs. 186.74 Crore vide F. No. J-27023/1/2016- NRCD-II dated 31-10-2018 for the financial year 2018-19, out of which the share of Govt. of India is to the tune of Rs. 168.66 Crore. The following are the pollution mitigation measures for the holy Devika river which have been sanctioned / proposed. (i) Untreated Sewage Pollution from Municipal drains.

S. Responsible agency and time frame No Action Points for implementation. 1. a) Establishment of Sewage Treatment Plants (STPs) of latest Modern Technology, of requisite capacity as per requirement. i) For Udhampur town civil i) The Chief Engineer, UEED (Urban establishments :- The UEED Environmental Engineering Udhampur has proposed the Department). installation of STPs of below The UEED has initiated the work for mentioned capacity at the following setting up of three (03) STPs under locations:- National River Conservation Plan  Near PHE filling station, main (NRCP) to be established by bagh, Air Force, Udhampur 31st March-2021 (within = 8.0 MLD 30 months), as approved /  Near Ice Factory, Omara, sanctioned by GoI. Udhampur. = 4.0 MLD Pittanbarh near Temple = 1.6 MLD

ii) For Army establishments / MES ii) Commanding Officer (Northern colony. Command) / MES authorities 7

Udhampur for the establishment of STPs (Chinar Army Complex / MH area) of requisite capacity with proper sewerage networking for their areas to avoid direct discharge of sewerage into river Devika. Time frame:- within Twelve months.

iii) Sewerage Treatment Plant for iii) Director Local Bodies / Banquet halls, minor Udhampur Municipal Council establishments etc. responsible for getting STPs installed (Primary treatment at place), then, all to be connected with the STPs to be installed by UEED. Time frame:- Within Twelve to Eighteen months. iv) Effluent Treatment Plant of latest iv) Health Dept. and SPCB. technology and capacity for Time frame:- within Eighteen treatment of Liquid Waste from months. Biomedical and other activities by Govt. District Hospital, Udhampur.

(ii) Unabated disposal of Municipal Solid Waste:-

Responsible agency and time frame S.No Action Points for implementation

1. Establishment of identified MSW 1-2) Director Local Bodies / Municipal dumping site / landfill and Scientific Council, Udhampur is responsible disposal of municipal solid waste. for MSW segregation at source 2. Segregation of MSW at household and its scientific disposal with land level as per MSW Rules-2016. fill. Time frame:- Within Six to Twelve months.

(iii) Catchment Area Treatment :-

Responsible agency and Action SI.NO Requirement time frame for Points implementation. 1. Catchment Afforestation up to 100 hectare -Department of Forests, area up / down stream of the J&K. treatment. polluted river stretch to prevent Time frame by next soil erosion, for improvement of plantation season. river environment by means of reduction of silt and to augment ground water charging.

(2) River Banganga:-

Stretch identified:- Pony Shed to Bathing Ghat, Banganga (3.0 Km), Priority -III.

The holy stream of Banganga is in Katra town of Reasi District, in Jammu Division. Katra is situated at the foothills of holy shrine of Shri Mata Vaishno Devi at a distance of about 50 kms north of Jammu. Katra is known world over for its sanctity and supreme reverence, and about 1 Crore people visit it annually to take part in the pilgrimage to the shrine of Vaishno Devi.

The Katra town with an original population of 1500 inhabitants, has now been transformed into a thickly populated large town with brisk business, tourist activity, new hotels with modern facilities, hospitals, bus stand, railway station with modern set-up and facilities, over a dozen schools, private and government offices, pony sheds, dharamshalas and surrounding villages which have merged fast into a big town. Banganga is considered as the most sacred and holy stream by the pilgrims who visit Shri Mata Vaishno Devi Shrine every year. They take a holy dip in this stream after performing the holy darshan. The river Banganga (a tributary of river Chenab) originates from Trikuta hills as a spring near Gita mandir.

State Pollution Control Board is conducting the regular water quality monitoring of this holy stream at two (02) NWMP sanctioned locations i.e (i) Bathing ghat at Banganga and (ii) below Reasi bridge. The polluted stretch of category-III from Pony Shed to bathing ghat at Katra, just downstream to the NWMP monitoring location has been identified for rejuvenation.

Polluted stretch from Pony Shed to Bathing Ghat at Banganga, Katra

2. a) Causes of Pollution: The water quality of this stretch of Banganga, from Pony Shed to Bathing Ghat at Katra, was polluted due to many factors, such as : -

 Untreated Solid and liquid waste disposal from Pony sheds.  Un-treated sewage from nearby localities / establishments.  Unabated disposal of Municipal Solid Waste.  Sewage pollution from minor / major establishments.

2. b) Action Plan Proposed:- Action Plan proposed for mitigating the pollution load on this polluted stretch of holy stream Banganga in a specific and required time frame by different implementation agencies, is as below :-

(i) Untreated Solid and liquid waste disposal from Pony sheds :-

There are around 3000 ponies registered with the Notified Area Committee, Katra. It is estimated that about 50% ponies / horses stay overnight at Bhawan and others at pony shed at Banganga (0 Km of track). Pony sheds have been set up from Banganga to Reasi bridge as a result of which the solid / liquid waste is being discharged untreated directly or indirectly into the holy Banganga stream.

Responsible agency and S.No Action Points time frame for implementation i) Establishment of suitable identified sites for i-iii) Chief Executive Officer Ponies /Mules for their shelter. Shri Mata Vaishno Devi Shrine Board, Katra.

ii) Dumping site for solid waste generated Time frame:- Within six to from pony sheds and its scientific disposal. twelve months.

iii) Establishment of treatment facility for liquid waste from Pony sheds.

(ii) Un-treated sewage from nearby localities :-

Katra town has its local population in thousands; where as its floating population goes up to lacs during peak season of pilgrimage. Due to its floating population, there is hectic tourist activity, brisk business in hotels / restaurants / dhabas and extensive use of transport facilities via road-ways and railways. A big quantum of solid and liquid waste is generated during

11 this peak season which is the main cause of pollution in Banganga, as the same is being discharged into it without any treatment facility at site by respective establishments.

Responsible agency and time S.No Action Points frame for implementation. i) Setting up of Sewage Treatment Plants i) The Chief Engineer, UEED, (STPs) of latest Technology, of requisite Jammu is the responsible capacity as per requirement of each agency to install the STPs concern. of latest technology and of UEED has proposed establishment of required capacity. (02 STPs) at:-  Katra Basement in between Gita Time frame: - Within Mandir & Banganga. twelve to thirty months, Capacity = 1.10 MLD as per feasibility report for  Down Stream bathing ghat, pollution abatement of common for sewage from Katra river Banganga at Katra town and other local (Approximate project cost establishments / JKTDC etc, of Rs. 98.7 crore) Capacity = 3.50 MLD submitted under NRCP to GoI, MoEF&CC.

(iii) Unabated disposal of Municipal Solid Waste:-

Municipal solid waste generated from different sources is mostly not collected, segregated, transported and disposed of as per Municipal Solid Waste Rules -2016. It has been noticed that MSW is mainly seen in the shape of big heaps and dumps in Katra town, road side and even at slopes on on-way to Bhawan, which ultimately contribute to the pollution in Banganga.

S. Responsible agency and time frame Action Points No for implementation i) Establishment of identified MSW i-ii) Director Local Bodies Jammu / dumping site / landfill and Scientific Municipal Committee, Katra is disposal of municipal solid waste. responsible for MSW segregation at source and its scientific disposal with land fill. ii) Segregation of MSW at household * All bulk generators must take up level as per MSW Rules-2016. captive consumption measures in their premises - SPCB / Local bodies.

Time frame:-Within Six months

(iv) Pollution from minor / major establishments.

Responsible agency S. Action Points Requirement and time frame for No. implementation. 1. Shrine Board establishments / Housing Colonies.

 STP at Bhawan i) At present, there is i) CEO, Shri Mata only one STP at Vaishno Devi Shrine Bhawan having Board (SMVD), Capacity = 3.2 MLD & Katra. it is non- functional. It Time frame:-within Six requires up-gradation month. / induction of latest technology.

ii) STP of required  STP at AdhKumari capacity & of latest -do- technology at Adhkumari has to be established at the earliest.

2. Hotels , Restaurants, Effluent Treatment Plant 2) The UEED Banquet halls. /STP at individual level for proposed STP of 3.50 primary treatment. MLD at Katra base camp to provide

connectivity for treatment of all such sewage as confirmed by UEED. Time frame: Within twelve months.

(v) Catchment area treatment

Responsible agency and S. Action Points Requirement time frame for No. implementation. 1. Catchment area Afforestation up to 100 - CEO, SMVD Board and treatment. hectare area up / down Department of Forests, stream of the polluted J&K. river stretch to prevent Time frame:- by next soil erosion, for plantation season. improvement of river environment by means of reduction of silt and to augment ground water charging.

(3) River Tawi:

Stretch identified:- Surajpur to Belicharana, River Tawi at Jammu (5.0 Km), Priority -IV.

River Tawi , an important tributary of river Chenab, also named as Surya Putri , is the life line of Jammu city. It originates from southern part of lesser Himalayan hills (Bhaderwah Dudu hills) and is joined by a number of tributaries on its way. After flowing through Patangarh, Chenani, Udhampur, Jindrah, Nagrota, Jammu city, Belicharan, Surajpur and Makwal,

14 it ultimately merges with river Chenab near Marala in Pakistan. This river receives untreated sewage and waste water from majority of establishments on the way. The State Pollution Control Board is regularly conducting the monitoring of this river at seven NWMP sanctioned locations:- (i) Sheetali (ii) Bagh-e-bahu lifting point (iii) Below Tawi bridge, Jammu (iv) Bhaghwati nagar (v) BeliCharana (vi) Suraj Pur (vii) Khepar at R.S. Pura. On the basis of data submitted during the period 2016-17, the polluted stretch identified is downstream to Tawi bridge NWMP sanctioned location, which ranges from Surajpur to Belicharana on River Tawi at Jammu and it does not meet the standard norms of classification of streams under Designated Best Use (DBU).

Monitoring Locations under NWMP at selected points on River Tawi at Jammu.

Monitoring locations under NWMP at selected points on River Tawi at Jammu.

Polluted Stretch from Surajpur to Belicharana on River Tawi, Jammu.

3. a) Causes of Pollution:

The water quality of this stretch of river Tawi, from location Surajpur to Belicharana on River Tawi at Jammu is polluted due to many reasons and the main causes of pollution in river Tawi are :-

 Disposal of untreated Sewage Waste from Jammu city.  Unabated disposal of Municipal Solid Waste.  Dumping of Construction and Demolition Waste.  Pollution from minor / major establishments.

2. b) Action Plan Proposed:- Action Plan proposed for mitigation of the pollution load on this polluted stretch of River Tawi at Jammu in a required time frame by responsible implementation agencies are as follows :- i) Disposal of untreated Sewage Waste from Jammu city :

Jammu city is the winter capital of the State having about 6.0 lac population under Jammu municipal limit area, whereas, there is a floating population of additional 1.5-2.0 lac, due to pilgrimage, for tourism destinations and the bi-annual Secretariat darbar move. The floating population, hectic tourist activity, visiting pilgrims, industrial area at Bari Brahmna / brisk business by hotels / restaurants / dhabas and use of transport facilities via roadways, railways, airways, education sector (Universities, Colleges, Schools), Private and government offices , dharamshalas and surrounding localities contribute considerably to the pollution load.

The Sewage to the tune of 75 MLD generated by Jammu City is the main cause of pollution in River Tawi at Jammu, which is mainly discharged into it without treatment .There are about 13-15 nallahs / main drains i.e drain below Sher-e-Kashmir bridge , Jullaka mohalla, Residency road mohalla, drain near Fishery Dept. etc. that drain into the R.H.S of River Tawi (Down / Stream) and 5 nallahs / drains i.e Qasim Nagar drain , Rajive Nagar, Gladani, University drain, Gorkha Nagar drains etc. which drain into the L.H.S of River Tawi. Only a fraction of the total sewage waste is being treated at Bhagwati Nagar in two operational Sewage Treatment Plants (Capacity 10 MLD and 30 MLD). Both of these treatment plants are not being used to their full capacity due to non-connectivity of sewerage pipelines with requisite households by the concern agency.

S. Responsible agency and time Action Points No. frame for implementation. 1. i) STPs at Bhaghwati nagar for sewage Chief Engineer, UEED, Jammu is waste from the areas to R.H.S (D/S) the responsible agency to:- of River Tawi:- Functional Sewage Treatment Plants (STPs):-  10 MLD cap. (UEED), functioning i) Make functioning of the below capacity. existing three STPs to full  30 MLD cap. (ERA), functioning capacity so as to discharge below capacity. only treated water into River  27 MLD cap. (UEED / NBCC) - Tawi. Non connectivity of Under construction. sewage pipe lines already layed are to be connected now by December 2019 as reported by UEED as deadline for the same has already been over. ii) Proposed STP at Belicharana for the ii) To install the additional STP of sewage waste from the areas to latest technology and of required L.H.S (D/S) of River Tawi:- capacity for the areas (L.H.S) of UEED proposed a STP (SBR river Tawi. technology) at this location. capacity = 4.0 MLD Time frame:- Within Six to twelve months.

(ii) Unabated disposal of Municipal Solid Waste:-

About 380 MT/D, Municipal Solid Waste is being generated from Jammu Municipal limits which was earlier dumped at the bank of river Tawi at Bhagwati Nagar, but presently, the dumping at this site has been stopped due to directions of Hon’ble High Court of J&K, issued on the basis of response status submitted by J&K, SPCB in the PIL titled “Rajinder Singh v/s State Pollution Control Board and Others”. Presently, the dumping of MSW is being done at another site namely at Kot Bhalwal, feasible as per MSW- Rules 2016. It has been noticed that MSW is another main cause of pollution 18 in River Tawi due to its leachate and un-scientific handling/disposal. Big heaps and dumps of MSW near Sidhra, Tawi bridge, Pacci daki, Julaka mohalla, Pir-Mitha, Pirkho , back side of G.G.M Science college near fisheries Deptt. etc. ultimately contribute to pollution in River Tawi.

Responsible agency and S. Action Points time frame for No implementation. Bio-remidation of MSW dumped at the old 1-3) Jammu Municipal dumping site at Bhagwati nagar, at the bank Corporation, the 1. of river Tawi. responsible agency to take action on the Establishment of new identified MSW action points. dumping site at Kot -Bhalwal and scientific 2. disposal of municipal solid waste as per Time frame:- Within Six to MSW Rule-2016. twelve months. Segregation of MSW at source / activity level as per Rules. 3.

(iii) Dumping of Construction and Demolition Waste:-

S. Responsible agency and time Action Points No. frame for implementation.

Setting up of facility for dumping of 1) Jammu Municipal 1. materials from Construction and Corporation, the Demolition activities. responsible agency to establish the facility / identified centre for the materials from Construction and Demolition activities. Time frame:- Within Six to twelve months.

(iv) Pollution from minor / major establishments.

Responsible agency & time S.No. Action Points Requirement frame for implementation. 1. i) Housing Colonies / Sewage Treatment i) Jammu Dev. Housing societies Plant (STP) by individual Authority (JDA). (residential flats towers colony. Time frame:- etc) Within Six to twelve months. ii-iii) Jammu ii) Banquet halls, Sewage Treatment Municipal Restaurants etc. Plant by individual level. Corporation and Chief Engineer iii) Minor / major Sewage Treatment UEED - Jammu. establishments Plant at individual level

for primary treatment, Time frame:- should have Within Six to connectivity with the twelve months. sewerage pipe lines up to STPs at Bhagwati nagar / Beli - Charana. 2. Liquid Waste from Biomedical activities from Effluent Treatment 3. Health Deptt. & Health care Plant to be installed at concerned establishments viz :- each establishment. private HCF  Govt. Medical agency. College Jammu  Govt. Dental Time frame:- College ,Jammu Within Six to  SMGS Hospital, twelve months. Jammu  Super Speciality Hospital, Jammu.  ASCOMS, Sidhra - Jammu  Vivekananda Hospital, Amphalla, Jammu. etc. 20

(v) Catchment area treatment.

Responsible agency and S. Action Points Requirement time frame for No. implementation. 1. Catchment area Afforestation up to 200 Department of Forests, treatment. hectare area up / down J&K. stream of the polluted Time frame by next 2-3 river stretch to prevent plantation seasons. soil erosion, for improvement of river environment by means of reduction of silt and to augment ground water charging.

(4) River Basanter.

Stretch identified:- Samba to Chak Manga Rakwal, adjoining IGC Samba (5.0 Km), Priority -V.

River Basanter, an important river, has its origin from middle Himalayas and its main tributary is River Devika. It culminates in Pakistan after passing through Sumb, Samba, Chak Manga, Tanda, Rakhwal, Madhera and Burj Manpur. This river receives sewage and waste water from majority of establishments. The State Pollution Control Board is regularly monitoring the river at two NWMP sanctioned locations:- (i) below Bridge at Samba (ii) at Chak Manga.

On the basis of data submitted during the period 2016-17, the polluted stretch identified is downstream to Basanter bridge adjacent to National highway and Chak Manga, Rakwal, adjoining IGC, Samba. It has been observed that there are three main sewage drains discharging the untreated sewage of Samba town in River Basanter besides the discharge of treated and untreated industrial liquid waste into this river, thus it does not meet the standard norms of classification of streams under DBU (Designated Best Use).

Polluted stretch from Samba to Chak Manga Rakwal, adjoining IGC Samba

4. a) Causes of Pollution: The water quality of this stretch of river Basanter from location Samba to Chak Manga Rakwal, adjoining IGC Samba on River Basanter got polluted due to many factors such as :-

 Disposal of untreated sewage Waste from Samba Town and nearby localities.  Effluents from industries in IGC-Samba.  Unabated disposal of Municipal Solid Waste.  Dumping of Construction and Demolition waste.  Pollution from minor / major establishments.

4. b) Action Plan Proposed:- Action proposed for mitigating the pollution load in this polluted stretch of River Basanter at Samba, adjacent to Industrial Growth Centre , the actions 22 required to be implemented in a definite time frame by responsible implementation agencies are as:-

(i) Disposal of untreated sewage waste from Samba town and nearby localities.

Samba is one of the districts of State in Jammu region located on National highway. The untreated sewage from Samba town, from three main sewage drains, is the main cause of water pollution in the river Basanter. Besides this, treated / untreated industrial effluent is also adds to the pollution load of the river. As on date, neither any Common Sewage Treatment Plant (CSTP) has been established for the sewage generated from Samba town, nor any Common Effluent Treatment Plant (CETP) has been established by Deptt. of Industries (SIDCO) for industries established in IGC Samba since inception.

Action points proposed to mitigate the pollution load for the identified stretch of river Basanter are as under:-

Responsible agency and time frame S.No. Action Points for implementation. i) Setting up of Common Sewage Director Local Bodies / Samba Treatment Plant (CSTP) of latest Municipal Committee Samba. technology, of requisite capacity for Samba town. Time frame:- within Six months, as already directed by Hon’ble NGT vide order dt. 22-11-2018 .

(ii) Effluent from Industries in IGC-Samba :-

There are around 240 small and medium scale industrial units of Red, Orange and Green categories established in three phases of IGC Samba. Out of which, 16 units are of Pesticide formulations as Orange category industries, 04 Cement industries along with some paint, dyeing, bulk drug manufacturing are Red category units established and operational in the industrial area.

All the Pesticide units have their own ETPs for treating the liquid wastes whereas, some small scale units do not have individual ETP. For overall industrial effluents, there is an urgent need for the establishment of Common Effluent Treatment Plant to be installed by the SIDCO. 23

The action plan for mitigation of pollution load is as under:-

S. Responsible agency and time Action Points No. frame for implementation. 1. Establishment of Common - Department of Industries and Effluent Treatment Plant (CETP) of Commerce (SIDCO). latest Technology, of requisite capacity as per requirement for Time frame:- within Six months, IGC - Samba. as already directed by Hon’ble NGT vide order dt. 22-11-2018 . 2. Proper functioning of Effluent -SPCB must ensure that industrial Treatment Plants (ETPs) in all the units having ETPs , must have industrial units in IGC-Samba, with digital flow meters installed electronic flow meter. within one months time.

(iii) Unabated disposal of Municipal Solid Waste:-

Presently, there is no site identified for Municipal Solid Waste being generated from households and other activities in the Samba town. The MSW generated is being dumped in open and even at the bank of river Basanter and mostly burnt. As a result of which, it is also contributing pollution in river Basanter . The action point proposed for the MSW disposal include:-

Responsible agency and S.No. Action Points time frame for implementation. 1. Establishment of identified MSW dumping Director Local Bodies / site and scientific disposal of municipal solid Municipal Committee waste as per MSW Rule-2016. Samba. Time frame:- Within Six 2. Segregation of MSW at source /activity months . level.

(iv) Dumping of Construction and Demolition Waste:

Samba town is an un-developed town of Jammu region and recently up-graded as district from the level of tehsil. Many new buildings, 24 infrastructures and new industries have come up in the last fifteen years, as a result of which, the wastes from construction and demolition activities have also contributed to give rise to environmental hazard i.e pollution problem in river Basanter in Samba. The action points proposed are as:-

Responsible agency and S.No. Action Points time frame for implementation. 1. Setting up of facility for disposal of Director Local Bodies / materials from Construction and Municipal Committee Demolition activities. Samba is the responsible agency to establish the facility in the locality. Time frame:- within Six months .

(v) Pollution from minor/major establishments :- Since the town is fast developing for creation of infrastructure, many minor / major establishments have come up in this town , which have contributed to causing pollution in river Basanter. The action points proposed are as:-

Responsible agency S.No. Action Points Requirement and time frame for implementation. 1. Banquet halls, minor Sewage Treatment Director Local establishments etc. Plants at individual level Bodies / Municipal followed by Committee connectivity with the Samba. sewerage pipe lines up to proposed common Time frame:-Within STP for town. Six months . 2. Liquid Waste from Effluent Treatment Health Deptt. Biomedical activities Plant (ETP) of requisite Time frame:-Within (District Hospital capacity. Six to twelve Samba). months .

(vi) Catchment area treatment:-

Responsible agency and S. Action Points Requirement time frame for No. implementation. 1. Catchment area Afforestation up to 100 -Department of Forests, treatment. hectare area up / down J&K. stream of river polluted Time frame by next two stretch to prevent soil rainy seasons. erosion, for improvement of river environment by means of reduction of silt and to augment ground water charging.

(5) River Chenab.

Stretch identified:- Jal Patan (Jio Pota) to Pargwal at Akhnoor (12.0 Km), Priority -V.

River Chenab is an important tributary of river Indus which flows through Western Himalayas. The river flows along the northern base of Pir Panjal range before entering Doda area of J&K from Himachal Pradesh. There after, the river Chenab flows through Ramban, Reasi, Akhnoor and ultimately enters Pakistan. This river is of great importance as majority of Hydel Power Projects have been established on this river. The river receives sewage and waste water from most of the establishments on the way at many locations and its adjoining areas. State Pollution Control Board is regularly conducting the monitoring on this river at five NWMP sanctioned locations.

On the basis of data submitted during the period 2016-17 , the polluted stretch identified is downstream to Akhnoor Bridge NWMP sanctioned location, which ranges from Jai Patan (actually Jio Pota ) to

Pargwal for a stretch of 12 Km at Akhnoor and does not meet the standard norms of classification of streams under DBU (Designated Best Use).

River Chenab at Jai Patan ( Jio Pota ), D/S Akhnoor Bridge

Polluted Stretch on River Chenab from Jal Patan (Jio Pota) to Pargwal at Akhnoor

27 5. a) Causes of Pollution:

The water quality of this stretch of river Chenab from location Jai Patan (Jio Pota) to Pargwal at Akhnoor has become polluted due to the following reasons :-

 Disposal of untreated Sewage Waste into River Chenab.  Unabated disposal of Municipal Solid Waste.  Un-authorised dumping of Construction and Demolition Wastes.  Pollution from minor/major establishments

5. b) Action Plan Proposed:- Action proposed for mitigation of pollution load on this polluted stretch of River Chenab from location Jai Patan (Jio Pota) to Pargwal at Akhnoor to make it fit for bathing purpose involves the following for implementation in a time frame by responsible implementation agencies :-

(i) Disposal of untreated Sewage Waste into River Chenab.

Akhnoor is one of the important Tehsils of Jammu district located on Jammu-Poonch, National highway. Sewage from Akhnoor town and nearby localities through sewage drains is one of the main causes of pollution in river Chenab. State Pollution Control Board is conducting regular monitoring on this river at five sanctioned locations. The identified polluted stretch on this river is downstream to NWMP sanctioned location below Akhnoor bridge. There are 3 main sewage drains viz (a) Jio Pota mandir mohalla, (b) Kameshwar mandir mohalla, (c) Sumah Sungal Mohalla drains, discharging un-treated sewage directly into River Chenab near Jio Pota Mandir and other downstream locations. As there is no Sewage Treatment Plant for the sewage generated from this town, the action plan proposed include:-

Responsible agencies and time S.No. Action Points frame for implementation. 1. Establishment of Common - Director Local Bodies / Sewage Treatment Plant (CSTP) Municipal Committee or individual STPs for each drain Akhnoor. of latest Technology and of - Time frame:- Within Six to requisite capacity as per twelve months . requirement of Akhnoor town.

(ii) Unabated disposal of Municipal Solid Waste.

At present, there is no identified site for dumping of Municipal Solid Waste being generated from households and other activities in the town. The MSW generated from Akhnoor town and nearby localities is being dumped in open along the bank of river Chenab and most of the times it is burnt at the site. As a result, it is also contributing pollution in river Chenab .The action points proposed are as:-

Responsible agencies and S.No Action Points time frame for implementation. 1. Establishment of identified MSW dumping Director Local Bodies / site and scientific disposal of municipal solid Municipal Committee, waste as per MSW Rule-2016. Akhnoor to dispose the MSW scientifically, at 2. Segregation of MSW at household /activity level. identified dumping site. Time frame:- Within Six months .

(iii) Unauthorised dumping of Construction and Demolition waste.

Akhnoor town is a fast developing town and many new buildings and establishments, army cantonments have come up in recent past , as a result of which the wastes from construction and demolition activities have also contributed to the environmental pollution i.e pollution in river Chenab at Akhnoor. The action points proposed are as:-

Responsible agency and time S.No. Action Points frame for implementation

1. Setting up of Facility for Director Local Bodies / Municipal disposal of materials from Committee Akhnoor is the Construction and Demolition responsible agency to establish the activities. facility / identified centre for the disposal of materials from Construction and Demolition activities. Time frame:- Within Six months.

(iv) Pollution from minor / major establishments:

Many new minor / major establishments have come up in Akhnoor town , which have contributed to the pollution in river Chenab. The action points proposed are as:-

Responsible agency S.No. Action Points Requirement and time frame for implementation. 1. Army Sewage Treatment Plant Commanding Officer cantonments/area. (STP) of requisite Army Cantonment capacity. area Akhnoor:- 2. Banquet halls, Sewage Treatment Plant Director Local Bodies minor at individual level for / Municipal establishments primary treatment, Committee followed by connectivity Akhnoor is the etc. with the sewerage pipe responsible agency lines up to common STP. for enforcement / establishment of the STPs. Time frame:- Within Six to twelve months. 3. Liquid Waste from Effluent Treatment Plant Health Department. Biomedical at individual level. Time frame:-Within activities. i.e Six months. Health care estbs. i:- Sub - District Hospital Akhnoor. 30

(v) Catchment area treatment

Responsible agency and S. Action Points Requirement time frame for No. implementation. 1. Catchment area Afforestation up to 200 -Department of Forests, treatment. hectare area up / down J&K. stream of polluted river Time frame by next 2-3 stretch to prevent soil plantation seasons. erosion, for improvement of river environment by means of reduction of silt and to augment ground water charging.

(B) Proposed Action Plan for river stretches of Kashmir Region:-

Based on the data submitted to CPCB during period 2016-2017 under National Water Quality Monitoring Programme (NWMP), the CPCB has identified four (04) polluted stretches on different rivers in Kashmir. These rivers are classified by the CPCB in three priority categories (Priority III to V) based on the pollution load. The polluted river stretches identified in Kashmir valley are given as under:-

Approx S. Name of Priority / Polluted Stretch length of the No River Category stretch (Km) Maulana Azad bridge to 1 Chunt Kol 5 III Kanikadal Gawkadal bridge to 2 Gawakadal 2 IV Nowhata Chattabal Weir to 3 Jhelum 40 V Anantnag

4 Sindh Duderhama 3.7 V

Map of Kashmir Region showing Rivers under reference.

1. River Chunt Kol:- Stretch identified: Maulana Azad bridge to Kanakadal (5.0 Km), Priority – III. Chunt Kol is a prominent tributary of River Jhelum having an approximate length of 5.0 Km, that flows through several parts of Srinagar city. It is used as a navigation canal and helps to regulate water level of Dal lake through Dal lock near Dalgate. The rivulet enters river Jhelum at zero bridge and flows through Bishember Nagar, Barbar Shah and Gowkadal area and finally meets river Jhelum at Basant Bagh Srinagar.

Sewage discharging pump stations along polluted stretches on Chunt Kol from Maulana

Azad bridge to Kanikadal.

Houseboats within Chunt Kol

1. a) Causes of deterioration:- i) The discharge of untreated sewage into the river adversely effects the river water quality by lowering the dissolved oxygen of river water and increasing organic load. Depleting oxygen in river water tends to create septic condition in river effecting flora and fauna of the river. ii) There are dumps of solid waste and garbage in many places throughout the river stretch.

Solid waste disposal at Barber Shah into Chunt Kol

34 iii) People residing on the bank of the river have erected many lavatories which discharge human waste directly or indirectly into the river.

Lavatories within Chunt Kol near SP College Bund. iv) There are approximately 40 (Forty) houseboats whose entire waste goes directly into the river unabated. v) Besides this, another very serious source of pollution in Chunt Kol is the mechanical dewatering pumps managed and operated by Srinagar Municipal Corporation (SMC) and Urban Environment Engineering Dept. (UEED) , which discharge sewage into river directly without any kind of treatment. There are 7 (seven) such dewatering stations situated on the bank of Chunt Kol which after collection of waste water / sewage from various corners of Srinagar city discharge it directly into the river. List of these sewage dewatering pump stations is as under:-

S.No Name of dewatering Agency Final discharge Pump station Dewatering pump UEED and Srinagar Chunt Kol near 1. station Sonwar Davis Municipal Corporation Airtel office near High land Motors. (SMC) Sonwar.

Dewatering pump Chunt Kol near station Golf Course Maulana Azad 2. -do- near Moluna Azad Bridge. Bridge. Dewatering pump Chunt Kol near 3. station Bhishember -do- Bhishember Nagar. Nagar. Dewatering pump Chunt Kol near 4. -do- station Barbarshah . Barbarsh Bridge. Dewatering pump Chunt Kol near 5. -do- station Ratan Rani. Barbershah Road. Dewatering pump Chunt Kol near 6. -do- station Mandhir Bagh. Gowkadal Bridge. Dewatering pump Chunt Kol near 7. station Shoor Khan. -do- Metadoor Stand Gowkadal.

Mechanical sewage dewatering pumps of SMC and UEED discharging untreated waste water directly into Chunt Kol at Sonwar .

Mechanical sewage dewatering pumps of SMC and UEED discharging untreated waste water directly into Chunt Kol at Golf Course .

Mechanical sewage dewatering pumps of SMC discharging untreated waste water directly into Chunt Kol near Bhishember Nagar .

37 1. b) Action Plan proposed for mitigating the pollution problem:- Water quality of Chunt Kol can be restored by ensuring proper disposal of solid waste and preventing discharge of untreated sewage / sludge of waste water directly / indirectly into the river. It is imperative to take prompt action by the following departments.

S. Responsible Agency &Time No Action Points Frame for implementation . 1. Setting up of Sewage Treatment Plants Srinagar Municipal Corporation (STPs) of latest Technology, of requisite and Urban Environment capacity as per requirement of each Engineering Srinagar are the concern. responsible agencies to install On the basis of present discharge from the the STPs of latest Technology dewatering pump stations, total waste and of required capacity within water disposal into Chunt Kol is six to twelve months. approximately 9.0 MLD from all the pump stations so there is need of two Sewage treatment plants of following capacity:-

a) Capacity:- 5.0 MLD b) Capacity :- 4.0 MLD

2. Intercept all the sewer drains so that no untreated sewage is discharged into the stream. Also STP of requires capacity, taking into consideration the future growth and -do- increase in sewage quantity should be installed for the treatment of total sewage generation. 3 Devise effective and efficient plan for Srinagar Municipal Corporation proper disposal / collection of Municipal is the responsible agency to Solid Waste around the river which take action within three (03) otherwise goes into the river unabated. months.

4 Demolish all Lavatories constructed on the Srinagar Municipal Corporation bank of River that discharge faecal matter is the responsible agency to directly into the water bodies. take action within two (02) months. 38

5 Efficient and effective strategy for Lakes and water ways treatment of waste generated from the Development Authority House Boats located in the area. (LAWDA) is the responsible agency to take action within Six months. For treatment of sewage generated from house boats, LAWDA has taken lead by floating tenders for installation of Bio Digester in the house boats vide the letter No. LDA/SE/1624-25 dt. 11-12- 2018. Time frame:- Within Six months. 6 Monitoring all the Industries / Hotels on Jammu and Kashmir State regular basis which are located in the Pollution Control Board catchment area of Chount Kol.

2. River Jhelum.

Stretch identified = a) Gawakadal bridge to Nowhatta (2.0 Km), Priority – IV. b) Chattabal Weir to Anantnag (40 Km), Priority – V. River Jehlum is one of the major rivers of Kashmir, the river originates from

spring known as Verinag situated at the foot hills of the Pir Panjal ranges in the south - eastern part of Kashmir. Jhelum runs a total course of 724 Kms, out of this 241 Kms are within Kashmir valley and rest in Pakistan. All streams and tributaries find their way into Jhelum. The river bifurcates the Srinagar city into two parts and passes through the city. a) The identified polluted stretch Gawakadal up to Nowhatta (2.0 Km) is part of river Jhelum and it is polluted mainly due to discharge of untreated sewage, as it is within Srinagar city. It is also connected to Chunt Kol, which originates from Dal Lake. There are many commercial areas and activities around this stretch of Jhelum having heavy influx and pollution load from residential areas.

39 b) There is another identified polluted stretch on River Jhelum from Chattabal Weir to Anantnag which is about 40 Km length, categorised under priority-V. This stretch receives untreated sewage from Anantnag town to Srinagar city after passing through Pulwama, Bijbehara, Pampore and Awantipora areas, which is the ultimate cause of pollution of this stretch. The action points proposed to mitigate the pollution load in this stretch are:-

River Jhelum at Srinagar

Polluted Stretch on River Jhelum from Chattabal Weir to Anantnag

2. i) Causes of pollution load for deterioration:- a) The main cause of pollution of river Jhelum is the discharge of untreated sewage at numerous points almost throughout the stretch. The sewage is pumped into this water body by the dewatering pump stations managed by S.M.C, U.E.E.D and different Municipal Committees.

41 Discharge of Sewage

Dewatering pump station Rajbagh discharging sewage and storm water into Jhelum River.

Discharge of untreated sewage through drains at Anantnag into River Jhelum

Discharge of untreated sewage through drains at Pampore into River Jhelum.

Discharge of untreated sewage through drains at Bijebbhara into River Jhelum

Discharge of untreated sewage through drains near Chunt Kol Mohalla Srinagar into Jhelum River. b) Solid waste dumps are often observed along the banks of River Jhelum. Leaching from these dumps leads to contamination of water body besides being dumped near the shore, this waste often flows in Jhelum thereby further deteriorating the water quality.

Dumping of Solid waste on the Bank of river Jhelum.

Dumping of Solid waste on the Bank of river Jhelum at Pampore.

45 c) Many lavatories are also located along the fringe of river and the human excreta from these lavatories directly discharged into the water body. This problem is severe in the down town area of Srinagar city as both the banks of River Jhelum in this area are densely populated.

Lavatories along the bank of river Jhelum.

Lavatories on banks of Jhelum river. d) Right from Anantnag to Chattabal Weir, there are many open drains carrying untreated waste which is discharged into Jhelum. Similarly,

numerous small drains and conduit pipes origin from these residential houses and drain directly into Jhelum. 2. ii) Action Plan proposed for mitigating the pollution load:-

S. Responsible Agency &Time Action Points No. Frame for implementation 1. The main source of pollution of river - Chief Engineer Urban Jhelum is the mechanical dewatering Environmental Engineering, pumps managed by SMC and UEED, Srinagar Municipal which let their discharge into river Corporation and Director Local Jhelum without any treatment. There are Bodies are the responsible various number of dewatering stations agencies to install the STPs of particularly in Srinagar city situated on the latest technology and of bank of river, which after collection of required capacity within six waste water from various corners of months to eighteen months, Srinagar city, discharge it directly into keeping in view the stretch river Jhelum. Setting up of Sewage involved. Treatment Plants (STPs) of latest Technology, of requisite capacity as per requirement of each area in first phase, for treatment of sewage before being discharged into the river. 2. Intercept all the sewer drains of various towns so that no untreated sewage is Chief Engineer Urban discharged into the river. Also STP of Environmental Engineering requires capacity should be installed for Srinagar and Director Local the treatment of total sewage generation., Bodies Kashmir through:- taking into consideration the future growth .On the basis of present population of various towns situated on the bank of river Jhelum the STPs of following capacities need to be installed in each town:-

i) For Anantnag town= 14.0 MLD i) Municipal Council Anantnag. ii) Municipal Committee ii) For Bijbehhara town=3.0 MLD Bijbehhara. iii) Awantipora town= 1.6 MLD iii) Municipal Committee Awantipora. iv) Pampore town= 2.7 MLD iv) Municipal Committee Pampore.

3 Devise effective and efficient plan for i. Director Local Bodies proper disposal/collection of Municipal Srinagar/ Municipal Solid Waste around the river which Corporation otherwise goes into the river unabated. ii. Municipal Council Anantnag. iii. Municipal Council Pulwama. iv. Municipal Committee Bijbehhara. v. Municipal Committee Pampore vi. Municipal Committee Awantipora are the responsible agencies to take action within three (03) month. 4 Demolish all Lavatories constructed on the Director Local Bodies / Srinagar bank of River that discharge faecal matter Municipal Corporation and other directly into the water bodies. Municipal councils of respective towns responsible agencies to take action within one (01) months. 5 Monitoring all the industries / Hotels on Jammu and Kashmir State regular basis which are located in the Pollution Control Board . catchment area of River Jhelum. Water quality Monitoring of River. 6 Washing of clothes on commercial basis Srinagar Municipal Corporation is by Dhobies on the banks of water bodies the responsible agency to take on the bank of river Jhelum, action within three (03) months.

7 Identify all the villages which are i) Director Local Bodies is the discharging their wastewater directly / responsible agencies to take indirectly into river Jhelum and are action within Six (06) months. required to install treatment system based on suitable treatment technology to treat the wastewater of these villages.

9 Establishment of identified MSW dumping i) Municipal Councils (Anantnag site and Scientific disposal of municipal and Pulwama) are the responsible solid waste. agencies to take action on the action points within three (03) months and to identify the dumping site & set up the disposal facility of latest Technology. 10 Installation of Effluent Treatment Plant Govt. Health Department. for Liquid Waste generated from Time frame:-Within Twelve Biomedical activities of various Health care months. establishments :- i) Government L. D. Hospital Srinagar ii) Government S.M.H.S Hospital Srinagar

11 Catchment area treatment:- -Department of Forests, J&K. Afforestation up to 300 hectre area Time frame by next 2-3 up/down stream of river polluted stretch plantation seasons. to prevent soil erosion, for improvement of river environment by means of reduction of silt and to augment ground water charging.

12 Create awareness amongst the general State Pollution Control Board and public about the importance of water respective Local Bodies. bodies and the ways and means to preserve it.

3. River Sindh:- Stretch identified:- Duderhama alongside (3.7 Km), Priority – V. The river Sindh is an important river of Kashmir which passes through different regions including Ganderbal district. The river is also one of sources of drinking water for the Srinagar city, as it’s water is supplied from Rangil water treatment plant, Ganderbal by PHE department to the city. The polluted stretch identified for the treatment is at Duderhama along Ganderbal, which is about 3.7 Km and categorised under Priority –V. This stretch is adjoining to the Industrial Estate Duderhama, Ganderbal under the administrative control of SICOP (Dept. of Industries and Commerce) having about 65 small scale units mainly of cottage, food and wood based activities falling under green and orange categories only and there is no red category unit in Duderhama. Further, there is almost zero discharge of liquid waste from this industrial estate in to the River.

Polluted Stretch on River Sindh at Duderhama, Ganderbal 51

However, the normal effluents from industrial estate and of general populace, find its way in the form of a small stream, running along the road side which eventually drains into river Sindh without any treatment. To mitigate this problem, SICOP Ganderbal has proposed to set up an Effluent Treatment Plant (ETP), so as to discharge only treated water from industrial estate into River Sindh. 3. a) Cause of deterioration :-

i) Untreated Sewage:-The River Sindh receives the untreated sewage and other liquid wastes i.e sullage from Ganderbal town and Industrial Estate adjoining Duderhama. ii) Unauthorised dumping of Municipal Solid Waste:-There are some dumps of solid waste and garbage at many places along the bank of River. Mostly, the dumped solid waste is being burnt in open at respective site. Responsible Agency &Time S.No. Action Points Frame for implementation

i) Setting up of Sewage Treatment i) Director Local Bodies / Plant (STP) of latest Technology, of Municipal Committee, requisite capacity as per requirement Ganderbal are the of each area for the sewage responsible agencies to treatment of Ganderbal town. install the STP of latest Technology and of required capacity.

Time frame:-Within Twelve 1. months.

ii) Establishment of ETP at Duderhama, ii) MD SICOP, Srinagar the Industrial Estate, Ganderbal. responsible agency to set up the ETP of requisite capacity. Time frame:- Within Twelve months.

Scanned by CamScanner

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Original Application No. 673/2018

IN THE MATTER OF:

NEWS ITEM PUBLISHED IN ‘THE HINDU’ AUTHORED BY SHRI. JACOB KOSHY Titled “More river stretches are now critically polluted: CPCB”

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER HON’BLE DR. NAGIN NANDA, EXPERT MEMBER ______

DATED: 20TH SEPTEMBER, 2018. ______

ORDER

1. This application has been registered on the basis of a news item dated 17.09.2018 in

‘The Hindu” under the heading “More river stretches are now critically polluted:

CPCB”1.

2. According to the news item, 351 polluted river stretches have been noted by the

Central Pollution Control Board (CPCB). 117 such stretches are in the States of

Assam, Gujarat, and Maharashtra. The CPCB has apprised the concerned States of

the extent of pollution in the rivers. According to the news item, most polluted

stretches are from Powai to Dharavi – with Biochemical Oxygen Demand (BOD) 250

mg/L; the Godavari - from Someshwar to Rahed – with BOD of 5.0-80 mg/L; the

Sabarmati – Kheroj to Vautha – with BOD from 4.0-147 mg/L; and the Hindon –

Saharanpur to Ghaziabad – with a BOD of 48-120 mg/L. The CPCB has a programme

to monitor the quality of rivers by measuring BOD. BOD greater than or equal to

30mg/L is termed as ‘Priority I’, while that between 3.1-6 mg/L is ‘Priority V’. The

CPCB considers a BOD less than 3mg/L an indicator of a healthy river. In its 2015

Report2, the CPCB had identified 302 polluted stretches on 275 rivers, spanning 28

States and six Union Territories. The number of such stretches has now been found

to be 351.

1 https://www.thehindu.com/news/national/more-river-stretches-critically-polluted cpcb/article24962440.ece 2 http://cpcb.nic.in/cpcbold/RESTORATION-OF-POLLUTED-RIVER-STRETCHES.pdf

3. The question for consideration is whether any direction is necessary by this

Tribunal, if river stretches are polluted as per the report of CPCB, which is a

statutory body under the Water (Prevention and Control of Pollution) Act, 1974,

(the Water Act).

4. The matter has been considered by the Hon’ble Supreme Court and this Tribunal in

several cases to which reference will be made at appropriate place in the order. The

matter was recently reviewed in a Chamber Meeting held on 10.09.2018 amongst all

the Members of the Tribunal and the representatives of the CPCB, the Department of

Water Resources, the Ministry of Environment, Forest & Climate Change, the Niti

Ayog, the National Mission for Clean Ganga, Ministry of Housing and Urban Affairs,

the representatives of the States of Maharashtra, Gujarat, Tamil Nadu, Andhra

Pradesh, Madhya Pradesh, Bihar, Punjab, Uttar Pradesh, NCT of Delhi and the Union

Territory of Daman & Diu. The object of the meeting was to discuss as to how the

level of fitness for bathing in all the rivers must be achieved at the earliest. The

Tribunal was open to consider the matter on judicial side. Accordingly, we proceed

to consider the same in the light of inputs available in public domain.

5. There is no dispute with the proposition that the water is the lifeline for existence.

Shortage of clean water is a matter of serious concern. Checking of pollution in the

rivers is integrally linked not only to the availability of clean potable water but also

to the protection of environment.

6. Article 48A of the Constitution casts a duty on the State to protect and improve the

environment. Article 51A imposes a fundamental duty on every citizen to protect

and improve the environment. The Stockholm Declaration (1972) recommended

prevention of pollution by adopting the ‘Precautionary Principle’, the ‘Polluter Pays

Principle’ and the principle of ‘Sustainable Development’.

7. The Water Act was enacted to provide for prevention and control of water pollution.

The Central and State Boards have been established under the said Act. The Act

prohibits use of any stream or well for disposal of polluting matter. Standards to be

maintained can be laid down. The Parliament has passed the Environment

(Protection) Act, 1986 to protect and improve the quality of environment. The

Central Government is authorized to issue appropriate directions for protection of

environment to the concerned authorities.

8. Considering the issue of pollution in River Ganga by the leather industry at Kanpur,

the Hon’ble Supreme Court of India in M.C. Mehta Vs. Union of India &Ors.3, held that

the discharge of the pollutants in Ganga could not be permitted directly or

indirectly.

9. Again, in M.C. Mehta Vs. Union of India &Ors.4, directions to enforce the statutory

provisions by the municipal bodies and the industries by stopping discharge of

untreated sewage and effluents in River Ganga were issued. It was noted that the

water pollution caused serious diseases, including Cholera and Typhoid. Water

pollution could not be ignored and adequate measures for prevention and control

are necessary. It was also observed that the educational institutions must teach

atleast for one hour in a week lessons relating to protection and improvement of

environment. Awareness should be created by organizing suitable awareness

programs. In the same matter, the issue of Calcutta tanneries was considered in M.C

Mehta Vs. Union of India And Ors.5, (Calcutta Tanneries' Matter). The tanneries were

directed to be shifted by adopting the ‘Precautionary Principle’ so as to prevent

discharge of effluents in the River Ganga.

10. Dealing with the control of pollution in river Pallar in Tamil Nadu, the Hon’ble

Supreme Court in Vellore Citizen’ Welfare Forum Vs. Union of India, (1996) 5 SSC 647

observed:

“13. The Precautionary Principle and the Polluter Pays Principle have been accepted as part of the law of the land. Article 21 of the Constitution of India guarantees protection of life and personal liberty. Articles 47, 48-A and 51-A(g) of the Constitution are as under:

3 (1987) 4 SCC 463 ¶14 4 (1988) 1 SCC 471 5 (1997) 2 SSC 411

“47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.—The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. 48-A. Protection and improvement of environment and safeguarding of forests and wildlife.—The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.

51-A. (g) to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.”

Apart from the constitutional mandate to protect and improve the environment there are plenty of post-independence legislations on the subject but more relevant enactments for our purpose are: the Water (Prevention and Control of Pollution) Act, 1974 (the Water Act), the Air (Prevention and Control of Pollution) Act, 1981 (the Air Act) and the Environment (Protection) Act, 1986 (the Environment Act). The Water Act provides for the constitution of the Central Pollution Control Board by the Central Government and the constitution of the State Pollution Control Boards by various State Governments in the country. The Boards function under the control of the Governments concerned. The Water Act prohibits the use of streams and wells for disposal of polluting matters. It also provides for restrictions on outlets and discharge of effluents without obtaining consent from the Board. Prosecution and penalties have been provided which include sentence of imprisonment. The Air Act provides that the Central Pollution Control Board and the State Pollution Control Boards constituted under the Water Act shall also perform the powers and functions under the Air Act. The main function of the Boards, under the Air Act, is to improve the quality of the air and to prevent, control and abate air pollution in the country. We shall deal with the Environment Act in the latter part of this judgment.

16. The constitutional and statutory provisions protect a person’s right to fresh air, clean water and pollution-free environment, but the source of the right is the inalienable common law right of clean environment. It would be useful to quote a paragraph from Blackstone’s commentaries on the Laws of England (Commentaries on the Laws of England of Sir William Blackstone) Vol. III, fourth edition published in 1876. Chapter XIII, “Of Nuisance” depicts the law on the subject in the following words: “Also, if a person keeps his hogs, or other noisome animals, or allows filth to accumulate on his premises, so near the house of another, that the stench incommodes him and makes the air unwholesome, this is an injurious nuisance, as it tends to deprive him of the use and benefit of his house. A like injury is, if one’s neighbour sets up and exercises any offensive trade; as a tanner’s, a tallow-chandler’s, or the like; for though these are lawful and necessary trades, yet they should be exercised in remote places; for the rule is, ‘sic uteretuo, utalienum non leadas’; this therefore is an actionable nuisance. And on a similar principle a constant ringing of bells in one’s immediate neighbourhood may be a nuisance.

… With regard to other corporeal hereditaments; it is a nuisance to stop or divert water that used to run to another’s meadow or mill; to corrupt or poison a watercourse, by erecting a dye-house or a lime-pit, for the use of trade, in the upper part of the stream; to pollute a pond, from which another is entitled to water his cattle; to obstruct a drain; or in short to do any act in common property, that in its consequences must necessarily tend to the prejudice of one’s neighbour. So closely does the law of England enforce that excellent rule of gospel-morality, of ‘doing to others, as we would they should do unto ourselves’.”

11. The Central Government was directed to constitute an Authority under section 3 (3)

of the Environment Act which can take measures to reverse the damage and recover

the cost from the individuals responsible.

12. In S. Jagannath Vs. Union of India &Ors.6, effluents discharged by commercial shrimp

culture farms were directed to be controlled. An authority was directed to be

constituted headed by former Judge of the High Court to protect fragile coastal

areas.

13. In the news item published in Hindustan Times titled "And Quiet Flows The Maily

Yamuna”7, steps were directed to be taken to check pollution in river Yamuna.

14. In Tirupur Dyeing Factory Owners Association Vs. Noyyal River Ayacutdars Protection

Association &Ors.8, directions were issued to check pollution in river Noyyal in the

State of Tamil Nadu. A Committee headed by a former Judge of the High Court was

appointed to assess the extent of damage and to identify the victims and based on

the said report direction to cover damages and to stop pollution were issued by the

High Court. Upholding the said directions, it was observed that if the pollution is not

checked, the industrial activity has to be closed; cost for restoration has to be

covered from those responsible for the pollution.

15. Inspite of directions in several Judgments, discharge of untreated sewage and

industrial effluents in rivers and water bodies is continuing at a large scale. Sewage

treatment capacity is disproportionate to the sewage generated. Reports have

6 (1997) 2 SCC 87 7(2009) 17 SSC 720 8 (2009) 9 SSC 737

found high level of Coliform in water bodies. According to some estimates, 75 to 80

% water is polluted in India. Number of polluted river stretches is on the increase. It

is patent that statutory framework is inadequate or those who man the statutory

authorities are not able to perform the duties assigned to them. This aspect has to

be reviewed by the concerned Governments.

16. We may also refer to some of orders of this Tribunal on the subject.

17. In Manoj Mishra Vs. Union of India9, the Tribunal dealt with the pollution of river

Yamuna in the light of directions of the Hon’ble Supreme Court. The Tribunal noted

that right to clean and healthy environment was a Fundamental Right of the

inhabitants. In violation of the said Right, the debris and solid waste were being

dumped on the river bed. Encroachments have taken place, resulting in damage to

the environment. Storm water drains which were polluted, were meeting the river

at several points without being cleaned. The failure to manage extraction of ground

water and diverting the river water for irrigation and other purposes beyond

reasonable norms was resulting in obstructing the flow of the river. Dumping of

untreated sewerage and industrial effluents was a major source of pollution.

18. An Expert Committee was appointed which suggested setting up of STPs to tackle

this problem. It was seen that on account of pollution, vegetables grown in the area,

irrigated by the polluted water were a health hazard and caused diseases like

cancer. The Committee appointed by the Tribunal recommended that solid waste

dump should be removed from the flood plains and construction activities on the

flood plains should be stopped. All Settlements on the flood plains should be

relocated. Construction of new barrages and roads, railways and metro bridges, and

embankments and bunds should not be permitted. In exceptional cases, if it is

permitted, a critical assessment of their potential impact should be assessed.

Environmental clearance should be made necessary. High level of lead was found in

23% of the children as a result of pollution adversely affecting their health. The

food crops were contaminated. The ground water was contaminated. Mercury

9 O.A. No. 6/2012, 2015 ALL(I) NGT REPORTER (1) (DELHI) 139

concentration was 200 times the standards on account of location of thermal power

plant. The Faecal Coliform- bacteria were 30 times the standards. There was

presence of high level of pesticides, heavy metals and other harmful matters in the

vegetables/vegetation grown on the river bank.

19. Accordingly, the Tribunal issued several directions for cleaning the river and

protecting the flood plains. The implementation of above directions was monitored

from time to time in the last three years.

20. On 26.07.2018, the Tribunal recorded that there was a failure of the Administration

in complying with the directions, even after more than three years, which made it

necessary for the Tribunal to exercise power as an Executing Court under Section 25

of the National Green Tribunal Act, 2010. The Tribunal directed constitution of a

two-member Monitoring Committee, comprising a former Chief Secretary of Delhi

and a former Expert Member of the Tribunal so that the said Committee could

prepare a time bound action plan and closely oversee the execution of the order of

this Tribunal on a regular basis.

21. The Tribunal also dealt with the problem of level of pollution in river Ganga which is

2025 km. The two main sources of pollution, which were noted, are the industrial

pollution and the municipal sewage. Apart from this, diversion of water and

extraction of groundwater reduced the flow of the river which adversely affected its

eco-system and vitality. The serious industrial pollution was caused by the leather

industries at Jajmau, Kanpur and Unnao. The Tribunal considered the initiatives

taken by the Central Government by way of Ganga Action Plan-I and Ganga Action

Plan-II. It was also noted that the said initiatives had failed to bring about the

desired results. The Tribunal disposed of the matter on 10.12.2015 with regard to

Phase-I, Segment-A i.e. from Gaumukh to Haridwar. The rest of the matter was dealt

with by subsequent Judgement dated 13.07.2017 in M.C. Mehta Vs. Union of India10.

10O.A No. 200 of 2014, 2017 NGTR (3) PB 1

The directions issued by the Tribunal included regulation of dumping of municipal

solid waste and other wastes, prevention and control of sewage and industrial

effluents, encroachments of floodplains, regulation of diversion of water and

extraction of groundwater, cleaning of the drains meeting the river Ganga,

maintaining environmental flow of the river, checking constructions on floodplains,

setting up of regulating or stopping industrial activity of polluting nature, checking

mining activities and disposal of bio-medical and other wastes, etc.

22. The implementation of the above directions was taken up from time to time. It was

found that inspite of huge expenditure already incurred and efforts of the

Committees monitoring the directions of this Tribunal as well as initiatives of the

Government authorities, the requisite result has not been achieved. The water did

not meet the requisite standards. The Tribunal had to appoint a Committee headed

by a former High Court Judge vide order dated 06.08.2018.

23. On an earlier date on 27.07.2018, the Tribunal directed that the results of tests of

water samples at various locations should be displayed on the website of Central

Pollution Control Board (CPCB). It was noted that water from Haridwar to Kanpur

was unfit for drinking and with few exceptions, even unfit for bathing. There was

dumping of Chromium at and around Jajmau and Kanpur. There was violation of

provisions of the Water Act, 1974 requiring closing of industries and prosecution.

The Tribunal hoped that at one point of time the red sign in the map which was

displayed on the website of the CPCB will be converted to green with the

improvement in water quality. Till then, the progress could not be held to be

satisfactory.

24. On 13.07.2018, in Mahendra Pandey Vs. Union of India &Ors.11, pollution in river

Ramganga was considered. River Ramganga is a tributary of River Ganga. It was

found that in surface water samples, there was presence of heavy metals like Iron

(Fe), Zinc (Zn), Copper (Cu) and Mercury (Hg). The level of Mercury was found

above the screening levels (i.e. Indian Drinking Water standard). The stand of the

11O.A. No. 58/2017

Uttar Pradesh Pollution Control Board was that there was difficulty in locating the

site for construction of secured landfill. The Tribunal noted that the hazardous

waste was required to be disposed of in a scientific manner. Illegal dumping of e-

waste was required to be stopped. It was noted that pollution was being caused by

electronic waste processing which was generating Milled Black Powder. This

resulted in contamination of water with heavy metals.

25. On 24.07.2018 in Sobha Singh &Ors. Vs. State of Punjab &Ors.12, the Tribunal

considered the issue of pollution of River Sutlej and River Beas. The pollution

resulted in toxicity and accumulation of Chromium, Nickel, Zinc and pesticides. The

polluted drains were found meeting River Sutlej. The untreated industrial waste as

well as the domestic waste was being dumped without any adequate action being

taken by the Pollution Control Boards. Failure to check pollution was established by

various inspections. Inspite of steps taken in four years, with almost fifty

adjournments and the directions of the Tribunal, the situation did not improve as

expected. Accordingly, the Tribunal constituted an Independent Monitoring

Committee which included a social activist to oversee the execution of directions of

the Tribunal.

26. On 31.07.2018 in Nityanand Mishra Vs. State of M.P. &Ors.13, pollution of Son river

was considered. Illegal sand mining activity was found to be resulting in affecting

the flow of the river. Construction of barrage and operation of industries were

affecting the habitat and breeding of Gharials. The Tribunal issued directions to stop

illegal pollution for protection of the river and the wildlife near the Bansagar Dam

and constituted a Committee to oversee the compliance of the directions of the

Tribunal.

27. As already noted, on 06.08.2018, after reviewing the progress in the matter of River

Ganga and finding that the progress did not meet the expectations of the Tribunal,

the Tribunal exercised its jurisdiction under Section 25 of the National Green

Tribunal Act, 2010 and constituted a Monitoring Committee headed by a former

12O.A.No. 101/2014 13O.A. No. 456/2018

Judge of the High Court to execute the directions already issued in a time bound

manner. It was also observed that public education and public involvement were

required to be considered.

28. On 07.08.2018 in “Stench Grips Mansa’s Sacred Ghaggar River (Suo-Moto Case)14”,

this Tribunal considered pollution of river Ghaggar and failure of the authorities to

check the same. The report of the Joint Inspection Committee showed that the

pollution in the river was beyond the prescribed standards. There was failure on the

part of the Pollution Boards in checking the pollution. Inspite of several directions in

the last four years by the Tribunal, the situation has not improved. The Tribunal

directed that a Special Task Force (STF) must be constituted in every District and in

every State. In a District, the STFs should comprise of District Magistrate,

Superintendent of Police, Regional Officer of the State Pollution Control Boards in

concerned District and one person to be nominated by the District Judge in every

District in his capacity as Head of the District Legal Services Authority. At the State

level, it was to comprise of the Chief Secretary, the Environment Secretary, the

Secretary of Urban Development and Secretary of Local Bodies. The STFs were

required to publish reports on the website. The Tribunal also constituted a

Committee headed by a former Judge to oversee the compliance of the directions.

29. On 08.08.2018, in Doaba Paryavaran Samiti Vs. State of U.P. &Ors.15, pollution in river

Hindon was the subject matter of consideration. The matter was taken up on the

allegation that 71 persons in Baghpat district died and more than 1000 persons

were affected by diseases on account of pollution. The Tribunal noted that there was

contamination of groundwater on account of pollution caused by sugar, paper,

distilleries and tannery industries. An inspection team, appointed by the Tribunal,

found that 124 industries were causing pollution. It was noted that no punitive

action has been initiated. The pollution caused included discharge of Mercury. The

Tribunal observed that sources of contaminated water are required to be closed.

The victims of diseases are required to be rehabilitated. A statement that there are

14 O.A. No. 138/2016 (TNHRC) 15 O.A. No. 231/2014

302 river stretches in the country was noted and the CPCB was directed to identify

atleast 10 most critical stretches and prepare an action plan, in similar format as

that of river Hindon.16 The directions issued by the Tribunal include making

functionaries of the statutory authorities accountable for their failure, making

potable water available, sources of contamination being closed, action plans being

prepared at District, State and National levels for restoration of water quality and

reversing the damage. The Committee headed by a former Judge of High Court was

also constituted to oversee the execution of the directions.

30. On 17.08.2018, in Arvind Pundalik Mhatre Vs. Ministry of Environment, Forest and

Climate Change &Ors.17, the matter of pollution of River Kasardi was considered and

directions were issued to remedy the situation and the Tribunal appointed a

Committee headed by a former Judge of the High Court to oversee the compliance of

the directions.

31. On 23.08.2018 in Meera Shukla Vs. Municipal Corporation, Gorakhpur &Ors.18,

pollution of Ramgarh Lake, Ami River, Rapti River and Rohani River in and around

District Gorakhpur on account of discharge of untreated sewage and industrial

effluents was considered. It was noted that there was no proper management of

solid waste disposal, leading to vector borne diseases and health problems. The

pollution was caused, inter-alia, by sugar industries and other factories. The

underground water was contaminated with arsenic. In the year 2012, 557 persons

died with encephalitis deaths. In the last 30 years, 50,000 people had died. A

financial package of Rs. 4,000 crore was given by the Central Government to fight

the said diseases but there is no proper utilization of the amount. Apart from the

557 death in Gorakhpur District, more deaths had taken place in the area as stated

in the news report dated 16.07.2013. The total deaths reported were 1256 in the

year 2012. The Tribunal accordingly directed necessary steps to be taken to remedy

16 Hindon action plan prepared by CPCB is explained in para 46 17 O.A. No. 125/2018, 18 O.A. No. 116/2014,

the situation and also appointed a Committee headed by a former Judge of the High

Court to oversee the compliance of directions of the Tribunal.

32. On 24.08.2018, in Amresh Singh Vs. Union of India &Ors.19, the matter of pollution of

the Chenab and Tawi Rivers was considered and directions were issued to remedy

the situation which was to be overseen by a Committee headed by a former High

Court Judge.

33. Similarly, in respect of river Subarnarekha in Sudarsan Das Vs. State of West Bengal

&Ors.20, this Tribunal considered the matter and also appointed a Committee headed

by a former Judge of the High Court to oversee the compliance of the directions.

34. There are instances of many other cases involving pollution of rivers which have

come up for consideration before this Tribunal. It is not necessary to refer to all the

cases.

35. We are of the view that the situation is far from satisfactory and action is required to

be taken on war footing. Once statutory framework in the form of Water Act and the

Environment Act is in place and the standards have been laid down by the Central

Pollution Control Board, the matter cannot rest at ascertaining and identification of

polluted stretches. There has to be meaningful further action to restore the

minimum prescribed standards for all the rivers of the country. The polluter has to

pay the cost of restoring the damage.

36. Without casting any aspersions on the statutory bodies, it is an acknowledged fact

that the Pollution Control Boards have not been able to take adequate steps for

keeping the standards of water within the prescribed limits. They have not been

able to stop dumping of wastes, discharge of municipal or industrial effluents in

rivers and water bodies. One of the reasons which has been frequently highlighted

is the unsatisfactory manning of the Pollution Control Boards. This aspect was

19 Execution Application No. 32/2016 in O.A. No. 295/2016, 20O.A.No. 173 of 2018

considered by the Hon’ble Supreme Court in TechiTagi Tara Vs. Rajendra Singh

Bhandari &Ors. 21 as follows:

“33. Unfortunately, notwithstanding all these suggestions, recommendations and guidelines the SPCBs continue to be manned by persons who do not necessarily have the necessary expertise or professional experience to address the issues for which the SPCBs were established by law. The Tata Institute of Social Sciences in a Report published quite recently in 2013 titled “Environmental Regulatory Authorities in India: An Assessment of State Pollution Control Boards” had this to say about some of the appointments to the SPCBs: “An analysis of data collected from State Pollution Control Boards, however, gives a contrasting picture. It has been observed that time and again across state governments have not been able to choose a qualified, impartial, and politically neutral person of high standing to this crucial regulatory post. The recent appointments of chairpersons of various State Pollution Control Boards like Karnataka (A a senior BJP leader), Himachal Pradesh (B a Congress party leader and former MLA), Uttar Pradesh (C appointed on the recommendation of SP leader X), Arunachal Pradesh (D a sitting NCP party MLA), Manipur Pollution Control Board (E a sitting MLA), Maharashtra Pollution Control Board (F a former bureaucrat) are in blatant violation of the apex court guidelines. The apex court has recommended that the appointees should be qualified in the field of environment or should have special knowledge of the subject. It is unfortunate that in a democratic set up, key enterprises and boards are headed by bureaucrats for over a decade. In this connection, it is very important for State Governments to understand that filling a key regulatory post with the primary intention to reward an ex-official through his or her appointment upon retirement, to a position 9 Item Nos. 07-08 July 20, 2018 dv for which he or she may not possess the essential overall qualifications, does not do justice to the people of their own states and also staffs working in the State Pollution Control Boards. The primary lacuna with this kind of appointment was that it did not evoke any trust in the people that decisions taken by an ex-official of the State or a former political leader, appointed to this regulatory post through what appeared to be a totally non-transparent unilateral decision. Many senior environmental scientists and other officers of various State Pollution Control Boards have expressed their concern for appointing bureaucrats and political leader as Chairpersons who they feel not able to create a favourable atmosphere and an effective work culture in the functioning of the board. It has also been argued by various environmental groups that if the government is unable to find a competent person, then it should advertise the post, as has been done recently by states like Odisha. However, State Governments have been defending their decision to appoint bureaucrats to the post of Chairperson as they believe that the vast experience of IAS officers in handling responsibilities would be easy. Another major challenge has been appointing people without having any knowledge in this field. For example, the appointment of G with maximum qualification of Class X as Chairperson of State Pollution Control Board of Sikkim was clear violation of Water Pollution and Prevention Act, 1974.” 34. The concern really is not one of a lack of professional expertise – there is plenty of it available in the country – but the lack of dedication and willingness to take advantage of the resources available and instead benefit someone close to the powers that be. With this couldn’t care-less attitude, the environment and public trust are the immediate casualties. It is unlikely that with such an attitude, any substantive effort can be made to

21 (2018) 11 SCC 734

tackle the issues of environment degradation and issues of pollution. Since the NGT was faced with this situation, we can appreciate its frustration at the scant regard for the law by some State Governments, but it is still necessary in such situations to exercise restraint as cautioned in State of U.P. v. Jeet S. Bisht. 35.. Keeping the above in mind, we are of the view that it would be appropriate, while setting aside the judgment and order of the NGT, to direct the Executive in all the States to frame appropriate guidelines or recruitment rules within six months, considering the institutional requirements of the SPCBs and the law laid down by statute, by this Court and as per the reports of various committees and authorities and ensure that suitable professionals and experts are appointed to the SPCBs. Any damage to the environment could be permanent and irreversible or at least long-lasting. Unless (2007) 6 SCC 586 corrective measures are taken at the earliest, the State Governments should not be surprised if petitions are filed against the State for the issuance of a writ of quo warranto in respect of the appointment of the Chairperson and members of the SPCBs. We make it clear that it is left open to public spirited individuals to move the appropriate High Court for the issuance of a writ of quo warranto if any person who does not meet the statutory or constitutional requirements is appointed as a Chairperson or a member of any SPCB or is presently continuing as such.”

37. This Tribunal also considered this matter in order dated 20.07.2018,in the case of Satish Kumar vs. U.O.I &Ors.,22and observed as follows: “Accordingly, we suggest that the Central Government as well as State Governments may appoint persons with judicial background to deal with the issues which may require the knowledge of legal and judicial system in the Pollution Control Boards and the local authorities. Such persons can also advise such bodies on manner of compliance of law so that such bodies can be saved from unnecessary litigation and charges of failure to comply with law. 24. Presence of a person with judicial background will help the Pollution Control Boards as well as local bodies to effectively discharge their administrative and judicial functions in an efficient manner. We are informed that in some of the Pollution Control Boards and Local Bodies, Judicial officers are already being engaged. 25. We thus call upon the Central Government and all the State Governments to take a call on this issue consistent with the observation of the Hon’ble Supreme Court in Techi Tagi Tara (Supra)”

38. In order to do so, an officer of Superior Judicial Services may have to be taken on

deputation by requesting the concerned High Court on the pattern of Law

Secretaries of States.

39. As already noted, well known causes of pollution of rivers are dumping of untreated

sewage and industrial waste, garbage, plastic waste, e-waste, bio-medical waste,

municipal solid waste, diversion of river waters, encroachments of catchment areas

and floodplains, over drawl of groundwater, river bank erosion on account of illegal

sand mining. Inspite of directions to install Effluent Treatment Plants (ETPs),

22 O.A No. 56 (THC) of 2013

Common Effluent Treatment Plants (CETPs), Sewage Treatment Plants (STPs), and

adopting other anti-pollution measures, satisfactory situation has not been

achieved. Tough governance is the need of the hour. If pollution does not stop, the

industry has to be stopped. If sewage dumping does not stop, locals have to be made

accountable and their heads are to be prosecuted. Steps have to be taken for

awareness and public involvement.

40. River Water is considered to be fit for bathing when it meets the criteria of having

Bio-chemical Oxygen Demand (BOD) less than 3.0 mg/L, Dissolved Oxygen more

than 5.0 mg/L and Faecal Coliform bacteria to be less than 500 MPN/100 ml.

41. According to the “Restoration of Polluted River Stretches- Concept & Plan”

published by CPCB in January, 2018, 30,042 million litres per day (MLD) of domestic

sewage is generated from urban areas along the polluted river stretches. The

installed sewage treatment capacity is about 16,846 MLD, leaving a gap of about

13,196 MLD (43.9%). There is a large gap in sewage treatment capacity and

generation of sewage in urban areas.

42. As already noted, according to latest assessment by the CPCB, there are 351 polluted

river stretches in India i.e. where the BOD content is more than 3mg/L. The plan of

CPCB is to target enhancement of river flow. The plan for restoration of polluted

river stretches is proposed to be executed through two-fold concepts. One concept is

to target enhancement of river flow through interventions on the water

sheds/catchment areas for conservation and recharge of rain water for subsequent

releases during lean flow period in a year. This concept will work on dilution of

pollutants in the rivers and streams to reduce concentration to meet desired level of

water quality. Other concept is of regulation and enforcement of standards in

conjunction with the available flow in rivers /streams and allocation of discharges

with stipulated norms.

43. The water quality assessment of aquatic resources by CPCB, on long term basis, has

provided information on the segments of rivers that are not meeting water quality

criteria and have been identified as polluted. Assessment studies carried out on the

sources of Restoration of Polluted River Stretches pollution in the rivers has

highlighted the need for creation of infrastructure facilities (STPs /CETPs/ETPs) for

management of wastewater in line with low flow or no flow of fresh water in the

rivers and streams. In order to have a practical solution to augment non-monsoon

availability of water, CPCB has suggested four phases for full scale water shed

management in the upper reaches of catchment of the rivers and streams. The

suggested phases for water shed management may be (a) Recognition phase (b)

Restoration phase (c) Protection phase (d) Improvement phase.

(a) Recognition Phase is identification and recognition of the problem,

analysis of the cause of the problem and its effect and development of

alternative solutions of problem.

(b) Restoration Phase includes two main steps viz. selection of best

solution to problems identified and application of the solution to the

problems of the land.

and ensures normal functioning. The protection is against all factors,

which may cause determined in watershed condition.

(d) Improvement Phase deals with overall improvement in the

watershed and all land is covered.

44. Attention is paid to agriculture and forest management and production, forage

production and pasture management, socio-economic conditions to achieve the

objectives of watershed management.

45. The river action plans are designed for control of pollution and to restore the water

quality of the rivers. The infrastructure development for treatment of sewage

always remains short of the waste water generation. The ever growing population

and increasing water use in the urban centres has outpaced the plan for creation of

infrastructure. The river action plans although have not improved the quality of the

water resources, however in absence of such plans, the quality of aquatic resources

would have been further deteriorated.

46. River Hindon has been taken up as a model for preparation of action plan for

restoration of water quality.23 Salient features of the Action Plan are:

i. Execution of field surveys to assess pollution load generated by industries

and sewage generated in a city or town discharging sewage and trade

effluent into river Hindon and its tributaries.

ii. Collating water quality monitoring data of Hindon and its tributaries and

assigning the class as per primary water quality criteria.

iii. Water quality assessment of river in context of sewage/industrial drain

outfalls with dilution and distance factors.

iv. Laying time-limes for regulating industrial pollution control by ensuring

consent compliance and closing the defaulting industries till they comply

with the norms stipulated to them.

v. Setting up of STPs in towns located in the river catchment and emphasis on

utilization of treated sewage.

vi. Adopting water conservation practices, ground water regulation, flood plain

zone management and maintaining environmental flow.

47. The polluted river stretches have been divided in five priority categories i.e., I, II, III,

IV, V depending upon the level of BOD. Following are the parameters for assessing

the criteria:

I. Criteria for Priority I

(a) Monitoring locations exceeding BOD concentration 30 mg/L has been considered as it is the standard of sewage treatment plant and in river it appears without dilution.(River locations having water quality exceeding discharge standards for BOD to fresh water sources) (b) All monitoring locations exceeding BOD concentration 6 mg/L on all occasions. (c) Monitoring locations exceeding 3 mg/L BOD are not meeting desired water quality criteria but does not affect to Dissolved

23 http://cpcb.nic.in/NGT/CPCB-Reply-Affidavit-Report-on-Hindon-Action-Plan.pdf

Oxygen level in water bodies. If BOD exceeds 6mg/L in water body, the Dissolved Oxygen is reduced below desired levels. (d) The raw water having BOD levels upto 5 mg/L are does not form complex chemicals on chlorination for municipal water supplies. Hence the water bodies having BOD more than 6 mg/L are considered as polluted and identified for remedial action.

II. Criteria for Priority II

(a) Monitoring locations having BOD between 20-30 mg/L. (b) All monitoring locations exceeding BOD concentration 6 mg/L on all occasions.

III. Criteria for Priority III

(a) Monitoring locations having BOD between 10-20 mg/L. (b) All monitoring locations exceeding BOD concentration 6 mg/L on all occasions.

IV. Criteria for Priority IV (a) Monitoring locations having BOD between 6-10 mg/L.

V. Criteria for Priority V

(a) Monitoring locations having BOD between 3-6 mg/l. (b) The locations exceeding desired water quality of 3mg/l BOD.

Polluted River Stretches- State wise-Priority wise STATE I II III IV V Grand Total ANDHRA PRADESH 2 3 5 ASSAM 3 1 4 3 33 44 BIHAR 1 5 6 CHHATTISGARH 4 1 5 DAMAN, DIU AND DADRA NAGAR HAVELI 1 1 DELHI 1 1 GOA 1 2 8 11 GUJARAT 5 1 2 6 6 20 HARYANA 2 2 HIMACHAL PRADESH 1 1 1 4 7 JAMMU & KASHMIR 1 2 2 4 9 JHARKHAND 3 4 7 KARNATAKA 4 7 6 17 KERALA 1 5 15 21 MADHYA PRADESH 3 1 1 3 14 22 MAHARASHTRA 9 6 14 10 14 53 MANIPUR 1 8 9 MEGHALAYA 2 3 2 7 MIZORAM 1 3 5 9 NAGALAND 1 1 2 2 6 ODISHA 1 3 2 13 19 PUDUCHERRY 1 1 2

PUNJAB 2 1 1 4 RAJASTHAN 1 1 2 SIKKIM 4 4 TAMIL NADU 4 1 1 6 TELANGANA 1 2 2 2 1 8 TRIPURA 6 6 UTTAR PRADESH 4 1 2 5 12 UTTARAKHAND 3 1 1 4 9 WEST BENGAL 1 1 3 4 8 17 Grand Total 45 16 43 72 175 351

Polluted River Stretches- Priority I & Priority II BOD RANGE/ STATE RIVER NAME RIVER STRETCH MAX PRIORITY VALUE (mg/L) GUWAHATI TO BHARALU 52.0 I CHILARAI NAGAR ALONG BORSOLA SARABBHATTI, 34.0 I ASSAM GUWAHATI ALONG CHACHAL, SILSAKO 34.0 I GUWAHATI ALONG PALTAN SORUSOLA 30.0 II BAZAR, GUWAHATI DAMAN, DIU SILVASSA TO AND DADRA DAMANGANGA DAMAN JETTY, 10 - 80 I NAGAR HAVELI MOTI DAMAN WAZIRABAD TO DELHI YAMUNA 9 - 80 I ASGARPUR PUNGUM TO AMLAKHADI 40 - 45 I BHARUCH JETPUR VILLAGE BHADAR TO SARAN 426.0 I VILLAGE SURENDRANAGAR BHOGAVO 67.0 I GUJARAT TO NANA KERALA LALI VILLAGE TO KHARI 235.0 I KASHIPURA KHEROJ TO SABARMATI 4 - 147 I VAUTHA VADODARA TO VISHWAMITRI 6 - 21 II ASOD GHAGGAR RORKI TO SIRSA 6 - 482 I HARYANA PANIPAT TO YAMUNA 4 - 55 I SONEPAT SUKHNA TO SUKHANA 54.0 I HIMACHAL PARWANOO PRADESH KALA AMB TO MARKANDA 3.2 - 24 II NARAYANPUR GURU RAVIDAS JAMMU & DEVIKA TEMPLE TO 3.4-22 II KASHMIR NAINSU MALEKKDU TO KERALA KARAMANA 56.0 I THIRUVALLAM NAGDA TO CHAMBAL 12 - 80 I RAMPURA KABIT KHEDI TO 30.8 - KHAN I MADHYA KHAJRANA 80 PRADESH SIDDHAWAT TO KSHIPRA 4 - 38 I TRIVENISANGAM MANDIDEEP TO 3.3 - BETWA II VIDISHA 20.2 SOMESHWAR GODAVARI TEMPLE TO 5.0-88 I RAHED ALONG ATALE MAHARASHTRA KALU 75.0 I VILLAGE KUNDALIKA SALAV TO ROHA 3.8-65 I MITHI POWAI TO 250.0 I

DHARAVI AKOLA TO MORNA 52.8 I TAKALIJALAM BOPODI TO AUNDH MULA 33-35 I GAON SHIVAJI NAGAR TO MUTHA KHADAKWASLA 5.0-42.5 I DAM SANGAVI TO NIRA 12.5-35 I SHINDEWADI NHAVARE TO VEL 30.2 I SHIKARPUR VITHALWADI TO BHIMA 8.0-22.0 II TAKLI MOSHIGAON TO INDRAYANI 12.5-22 II ALANDIGAON THEUR TO MULA-MUTHA MUNDHWA 14-22 II BRIDGE PAWANA DAPODI TO RAVET 15.5-24 II 10.4- WAINGANGA TUMSA TO ASHTI II 22.4 GHUGHUS TO WARDHA 7.0-22.0 II RAJURA SINGDA DAM TO MANIPUR NAMBUL 3.6-23.7 II BISHNUPUR MAWLAI TO UMKHRAH 30-90.2 I SHILLONG MEGHALAYA UMSHYRPI BRIDGE 38.5- UMSHYRPI I TO DHANKETI 95.0 CHECK GATE TO NAGALAND DHANSIRI 7.0-50.0 I DIPHU BDG D/S ODISHA GANGUA 14-39 I BHUWANESHWAR SARDULGARH TO GHAGGAR 9.0-380 I MUBARAKPUR PUNJAB RUPNAGAR TO SATLUJ 3.8-108 I HARIKA BRIDGE METTUR TO CAUVERY 3.3-32 I MAYILADUTHURAI THATHAYAMPATTI SARABANGA 78.0 I TO T.KONAGAPADI TAMIL NADU SALEM TO THIRUMANIMUTHAR 190.0 I PAPPARAPATTI MANIVILUNDHAN VASISTA 675.0 I TO THIYAGANUR HYDRABAD TO MUSI 4.0-60.0 I NALGONDA GOWDICHARLA TO MANJEERA 5.0-26 II TELANGANA NAKKAVAGU GANDILACHAPET NAKKAVAGU TO SEVALAL 26.0 II THANDA SAHARANPUR TO HINDON 48-120 I GHAZIABAD MUZAFFAR KALINADI NAGARTO 8 - 78 I GULAOTHI TOWN RAMESHWAR TO UTTAR VARUNA CONF WITH 4.5-45.2 I PRADESH GANGA, VARANASI ASGARPUR TO ETAWAH YAMUNA SHAHPUR TO 12.0-55 I ALLAHABAD (BALUA GHAT) KASHIPUR TO BHELA 6.0-76.0 I RAJPURA ATNDA KASHIPUR TO DHELA GARHUWALA, 12 - 80 I UTTARAKHAND THAKURDWARA MOTHROWALA TO SUSWA 37.0 I RAIWALA KICHHA ALONG KICHHA 28.0 II HAROA BRIDGE TO 26.7- VINDHADHARI MALANCHA I 45.0 WEST BENGAL BURNING GHAT SILIGURI TO MAHANANDA 6.5-25 II BINAGURI

Polluted River Stretches- Priority III, IV & V BOD RANGE/ STATE RIVER NAME RIVER STRETCH MAX PRIORITY VALUE (mg/L) NANDYAL TO KUNDU 7.7 IV MADDURU MANTHRALAYAM TO TUNGABHADRA 3.2 - 6.7 IV BAVAPURAM ANDHRA RAYANPETA TO GODAVARI 3.1 - 3.4 V PRADESH RAJAHMUNDRI AMRAVATHI TO KRISHNA 3.2 V HAMSALA DEEVI NAGAVALI ALONG THOTAPALLI 3.2 V DEEPAR BILL TO DEEPAR BILL 10.6 III GUWAHATI LAKHIPATHE, DIGBOI 14.0 III RESERVE FOREST KAMALPUR ALONG KAMALPUR 18.6 III PANCHNAI ORANG TO BORSALA 11.4 III KHERGHAT TO BRAHAMPUTRA 3.2 - 6.4 IV DHUBRI ASSAM-ARUNANCHAL KHARSANG BORDER TO 7.2 IV LONGTOM-1 NALBARI TO KHUDRA PAGLDIA 8.2 IV SANKARA PANCHGRAM TO BARAK 3.5 - 4.2 V SILCHAR DOWNSTREAM OF BAROI 3.6 V BRIDGE AT NH-52 BEGA ALONG MANGALDOI 4.5 V BARPETA ROAD TO BEKI 3.5 V JYOTI GAON JORHAT TO BHOGDOI 4.5 V DULIAGAON LAKHIMPUR TO BOGINADI 4.2 V DIBRUGARH ALONG RAMNAGAR, BORBEEL 3.8 V DIGBOI ALONG BEELMUKH BORDOIBAM BIRD SANCTUARY, 5.2 V BEELMUKH DHEMAJI MARGHERITA TO ASSAM BURHIDIHING 4 - 4.6 V TINSUKIA GOLAGHAT TO DHANSIRI 4.3 - 5.6 V KATHKETIA NAGINI MORA TO DIKHOW 3.2 V DIKHOMUKH ALONG DIKRONG 3.2 V BANDARDEWA ALONG SILGARA, DIPLAI 3.2 V KOKRAJHAR DILLIGHAT TO DISANG 4.2 V GUNDAMGHAT ALONG TUMIUKI, GABHARU 5.4 V SONITPUR ALONG SOMARAJAN, HOLUDUNGA 4.8 V DHEMA JI Jai Bharali ALONG SONITPUR 3.1 V JORHAT TO JHANJI 3.8 V CHAWDANG NAGAON TO MORI KALONG 3.7 - 4.3 V KALONG NAGAON TO KAMPUR KAPILI 5.5 V TOWN KILLING ALONG MOREGAON 5.8 V KOHORA TO KOHORA 4.4 V MOHPARA KULSI ALONG CHAYGAON 3.6 V ALONG RAMNAGAR, MALINI 5.3 V SILCHAR MORA BHARALI ALONG TEZPUR 5.2 V

PARASHALI ALONG DEMORIA 4.0 V PUTHIMARI ALONG PUTHIMARI 4.8 V RANGA ALONG GERAMUKH 3.8 V ALONG SAMAGURI, SAMAGURI 4.0 V NAGAON SANKOSH ALONG GOLAKGANJ 3.3 V ALONG DEODHAR, SON 4.3 V KARIMGANJ SONAI TO DAKSHIN SONAI 4.4 V MOHANPUR ALONG TENGA PUKHURI KUKURACHOWA 4.0 V GAON RUXOL TO KOIREA SIRSIA 20.0 III TOLA (RAXAUL) FARMAR ALONG JOGBANI 3.6 V BUXAR TO GANGA 3.2 - 4.2 V BHAGALPUR BIHAR GAURICHAK TO POONPUN 3.3 V FATUHA HARINAGAR TO RAM REKHA 5.0 V RAMNAGAR ALONG SIKRAHNA 4.5 V NARKATIAGANJ HASDEO KORBA TO URGA 3.6 - 7 IV KHAROON BUNDRI TO RAIPUR 3.3 - 7.2 IV CHHATTISGARH MAHANADI ARRANG TO SIHAWA 3.3 - 8 IV SEONATH SHIMGA TO BEMTA 3.4 - 8.4 IV RAIGARH TO KELO 3.8 V KANAKTORA KHAREBAND TO SAL 4.2 - 16.8 III MOBOR MANDOVI MARCELA TO VOLVOI 3.3 - 6.2 IV TALPONA ALONG CANACONA 6.8 IV ASSONORA TO ASSONORA 3.3 V SIRSAIM BICHOLIM TO BICHOLIM 4.8 V CURCHIREM GOA CHAPORA PERNEM TO MORJIM 3.5 - 5.2 V KHANDEPAR PONDA TO OPA 3.4 V SINQUERIM ALONG CANDOLIM 3.6 V TIRACOL ALONG TIRACOL 3.9 V SANKLI – BICHOLIM VALVANT 4.3 V TO PORIEM CURCHOREM TO ZUARI 3.2 - 5.1 V MADKAI KHOTDA TO DHADAR 16.0 III CHANDPURA TRIVENI SANGAM TO TRIVENI 11.0 III BADALPARA AMRAVATI ALONG DADHAL, (TRIBUTARY OF 10.0 IV ANKALESHWAR NARMADA) DAMANGANGA KACHIGAON TO VAPI 8.0 IV KOLAK KIKARLA TO SALVAV 8.0 IV SEVALIA TO MAHI 4.5 - 7 IV BAHADARPUR SHEDHI DHAMOD TO KHEDA 9.0 IV GUJARAT KHADOD (BARDOLI) TAPI 8.0 IV TO SURAT DAHOD TO ANAS 5.0 V FATEHPURA PANDESARA TO BALEHWAR KHADI 4.0 V KAPLETHA SAHOL BRIDGE TO KIM 3.1 V HANSOL MESHWA ALONG SHAMLAJI 4.0 V MINDHOLA ALONG SACHIN 6.0 V GARUDESHWAR TO NARMADA 5.0 V BHARUCH SIRSA NALAGARH TO SOLAN 8 - 16 III ALONG YASHWANT HIMACHAL ASHWANI 3.2 V PRADESH NAGAR KULLU TO BEAS 6.0 V DEHRAGOPIPUR

GIRI ALONG SAINJ 4.4 - 6 V PABBAR ALONG ROHRU 3.6 - 4 V PONY SHED TO BANGANGA 6 - 14 III BATHING GHAT MAULANA AZAD CHUNT KOL BRIDGE TO 14.5 III KANIKADAL GAWKADAL BRIDGE GAWKADAL 9.0 IV TO NOHATA SURAJNAGAR TO JAMMU & TAWI 5 - 8.3 IV KASHMIR BELICHARANA SAMBA TO BASANTER 5 - 6 V CHAKMANGARAKWAL JAL PATAN TO CHENAB 5.0 V PARGAWAL CHATTABAL WEIR TO JHELAM 3.2 - 5.5 V ANANTNAG SINDH ALONG DUDERHAMA 3.7 V GARGA ALONG TALMUCHU 6.2 IV KONGSERABASAR TO SANKH 8.4 IV BOLBA HATIA DAM TO SUBARNAREKHA 3.4 - 10 IV JAMSHEDPUR PHUSRO ROAD BDG JHARKHAND DAMODAR 3.9 V TO TURIO KANKE DAM TO JUMAR 3.3 V KADAL ALONG TILAYA AND KONAR 3.4 - 3.6 V KONAR NALKARI ALONG PATRATU 3.8 V HALLI RESERVOIR TO ARKAVATHI 14.0 III KANAKAPURA TOWN KATTEMALAVADI TO LAKSHMANTIRTHA 7.1 - 12.4 III HUNSUR KHANAPUR TO MALPRBHA 7.3 - 17.3 III DHARWAD HARIHAR TO TUNGABHADRA 4 - 19 III KORLAHALLI HOLEHUNNUR TO BHADRA 5.5 - 7.8 IV BHADRAVATHI RANGANATHITTU TO CAUVERY SATHYAMANGALAM 3.1 - 6.7 IV BRIDGE NANJANAGUD TO KABINI 3.6 - 6.5 IV HEJJIGE SHAHABAD TO KAGINA 4.6 - 7.4 IV HONGUNTA KARNATAKA HASAN MAAD (WEST COAST PAPER MILL) KALI 6.5 IV TO BOMMANAHALLI RESERVOIR YADURWADI TO KRISHNA 3.1 - 6.2 IV TINTINI BRIDGE YEDIYAR TO SHIMSHA 4 - 10 IV HALAGUR ASANGI NALLA ALONG ASANGI 4.4 V GHANAPUR TO BHIMA 3.3 - 6 V YADGIR KUMARDHARA ALONG UPPINANGADI 4.0 V UPPINANGADI TO NETRAVATHI 4.0 V MANGALURU SHIVAMOGA TO TUNGA 4.3 V KUDLI ALONG YAGACHI, YAGACHI 4.0 V HASSAN BHARATHAPUZHA ALONG PATAMBI 6.6 IV MANCKAKADAVU TO KADAMBAYAR 5.9 - 6.4 IV BRAHMAPURAM PULIYANNOR TO KEECHERI 6.4 IV KECHERY KALLOOPARA TO KERALA MANIMALA 6.3 - 6.4 IV THONDRA MANNAR TO PAMBA 3.3 - 7.8 IV THAKAZHY BHAVANI ALONG ELACHIVAZHY 5.4 V IRUMPANAM TO CHITRAPUZHA 4.6 V KARINGACHIRA

ALONG KADALUNDY HAJIRAPPALLY/ 3.6 V HAJIYARPALLI THEKEPURAM TO KALLAI 4.5 V ARAKKINAR KARUVANNUR ALONG KARUVANNUR 3.5 V KAVVAI ALONG KAVVAI 3.9 V THALIPARAMBA TO KUPPAM 3.1 - 3.8 V VELICHANGOOL KUTTIYADY ALONG KUTTIYADY 5.0 V MOGRAL ALONG MOGRAL 3.1 V ALWAYE-ELOOR TO PERIYAR 3.2 - 5.1 V KALAMASSERY PERUVAMBA ALONG PERUVAMBA 3.9 V OLARIKKARA TO PUZHACKAL 3.8 V PUZHACKAL RAMAPURAM ALONG RAMAPURAM 3.3 V NADUVILANGADI TO THIRUR 3.6 V THALAKKADATHUR UPPALA POYYA TO MULINJA 3.2 V SONE ALONG AMLAI 12.4 III GOHAD DAM TO GOHAD 6.3 IV GORMI SURAJNAGAR TO KOLAR 7.5 IV SHIRDIPURAM NEPANAGAR TO TAPI 4.6 - 8 IV BURHANPUR SILPARI TO BICHIA 3.5 V GADHAWA ALONG BADNAGAR, CHAMLA 4.0 V UJJAIN CHOUPAN ALONG VIJAIPUR 3.4 V MANDIDEEP TO KALISOT 4.1 V SAMARDHA VILLAGE MADHYA KANHAN IN PRADESH KANHAN CHINDWARA 3.2 V DISTRICT BOUNDRY KATNI ALONG KATNI 3.5 V KHARGONE TO KHEDI KUNDA 4.0 V KHURD MALEI JAORA TO BARAUDA 3.5 V MANDAKINI (MP) ALONG CHITRAKUT 5.8 V NEWAJ ALONG SHUJALPUR 4.0 V BATAWADA TO PARVATI 3.2 V PILUKHEDI SIMRAR ALONG KATNI 3.9 V CHAKGHAT TO TONS 3.5 V CHAPPAR CHINDWARA TO WAINGANGA 3.2 V BALAGHAT ANNAPUR TO GHOD 10.2 III SHISHUR BHANDARA TO KANHAN 9.8-16.4 III NAGPUR KOLAR (MAH) ALONG KORADI 18.0 III SHINDI TO KRISHNA 3.4-14.0 III KURUNDWAD MOR JALGAON TO AMODA 16.0 III KHADEPADA TO PATALGANGA 5.0-18 III KOPOLI NARAYANPUR TO PEDHI 20.0 III BHATKULI MAHARASHTRA MEHKAR TO PENGANGA 8.6-20 III UMARKHED DHUPESHWAR TO PURNA 10.2-18.4 III ASEGAON TAPI RAVER TO SHAHADA 8.0-12.0 III DHANGARWADI TO URMODI 12.4 III NAGTHANE MAHABALESHWAR VENNA 7.2-12.5 III TO MAHULI SUNASGAON TO WAGHUR 18.0 III SAKEGAON KAWADGHAT TO WENA 10.2-13.8 III HINDONGHAT

SWARAJ NAGAR TO BINDUSAR 8.0 IV SNEHNAGAR BORI ALONG AMALNER 9.2 IV PANDHARPUR TO CHANDRABHAGA 7.5-9.5 IV SHEGAON DHUMALA IGATPURI TO DARNA 5.0-9.0 IV SANSARI MALEGAON TO GIRNA 6.6-9.0 IV JALGAON PACHORA TO HIWARA 8.6 IV NIMBORA KOYNA KARAD TO PAPDARDE 8.6 IV PELHAR DAM TO PEHLAR 7.0 IV GOLANI NAKA SOLAPUR TO SINA 8.5 IV BANKALAGI ALONG CHALISGAON, TITUR 7.8 IV JALGAON AMBA BENSE TO ROHA 4.8 V SHAHAPUR TO BHATSA 4.8-6.0 V BHADANE LONKHEDA TO GOMAI 6.0 V SHAHDA KAN KAVATHE TO SAKARI 5.0 V LATUR TO NANDED MANJEERA 5.0 V BRIDGE SHIROL TO PANCHGANGA 3.2-5.8 V KOLHAPUR PANZARA VARKHEDE TO DHULE 6.0 V TINTEMBA TO RANGAVALI 5.0 V NAVAPUR DADLI TO SAVITRI 3.2-5.0 V MUTHAVALI DHAMNI DAM TO SURYA 4.4-5.0 V PALGHAR TANSA ALONG THANE 6.0 V KALYAN TO ULHAS 4.0-5.0 V BADLAPUR GANDHRE TO VAITARNA 4.0 V SARASHI KHERDI TO VASHISTI 3.2-3.4 V DALVATNE KANGLA MOAT TO IMPHAL 3.4-6.4 V SAMUROU KANGLA SIPHAI TO IRIL 3.2 V UKHRUL KHUGA LAKE TO KHUGA 3.1-3.6 V CHURACHANDPUR KHUJAIROK MOREH TO MAOJANG 4.3 V MANIPUR BISHNUPUR TO LOKCHAO 4.5 V LOKTAK LAKE SEKMAIJAN TO MANIPUR 3.6-4.3 V THOUBAL SHONG KONG TO THOUBAL 3.5 V PHADOM WANGJING TO WANGJING 4.1-4.3 V HEIROK SUTNGA TO KYRHUKHLA 10.0 IV KHLIERIAT NANGSTOIN TO NONBAH 6.0-7.5 IV WAHRIAT BYRNIHAT TO MEGHALAYA UMTREW 6.2-8.0 IV MORANG DALA MYNDIHATI TO LUKHA 6.0 V SHYMPLONG JOWAI TO MYNTDU 5.2 V PAMHADEM TIAU ALONG CHAMPHAI 11.3 III ALONG ZOBAWK, TLAWNG 3.1-6.7 IV SAIRANG TO BAIRABI TUIPUI ALONG CHAMPHAI 8.2 IV MIZORAM TUIVAWL ALONG KEIFANG 6.8 IV CHITE ALONG ARMED VENG 3.7 V MAT ALONG SERCHHIP 5.5 V SAIKAH ALONG LAWNGTLAI 4.4 V TUIKUAL ALONG SERCHHIP 6.0 V

ALONG TUIRIAL, TUIRIAL 3.4-4.6 V AIZWAL DZUNA ALONG KOHIMA 6.0-13.0 III MEDZIPHEMA TO, CHATHE 7.0 IV DIMAPUR KOHIMA TO DZUKO NAGALAND DZU 7.0 IV VALLEY DZUCHA ALONG KOHIMA 4.0 V SANO ALONG KOHIMA 4.0 V GURADIH NALLAH ALONG ROURKELA 11.3 III KATHAJODI CUTTACK TO URALI 5.8-11.2 III NANDIRAJHOR D/S TALCHER 2.7 - 13 III BHUBANESWAR TO DAYA 4.0-7.3 IV BARAGARH URALI TO KUAKHAI 6.7-7.7 IV BHUBANESWAR ALONG TALCHER BANGURU NALLAH 3.2 V RENGALI BHEDEN ALONG BHEDEN 3.6 V ROURKELA TO BRAHAMANI 5.8-6.0 V BIRITOL MAHULIA TO BUDHABALNAGA 3.5 V BARIPADA ALONG ANGUL KUSUMI 3.2 V ODISHA TALCHER SAMBALPUR TO MAHANADI 3.6 V PARADEEP MANGALA ALONG PURI 5.7 V JAYKAYPUR TO NAGAVALLI 3.5 V RAYAGADA NUNA ALONG BIJIPUR, PURI 3.1 V ALONG RATNACHIRA BHUBHNESHWAR, 3.3 V PURI PRATAPPUR TO RUSHIKULYA 3.4 V GANJAM ALONG SABULIA JAGANNATHPATNA, 5.0 V RAMBHA KHANDAETA TO SERUA 4.8 V SANKHATRASA ARASALAR ALONG KARAIKAL 7.0 IV PUDUCHERRY ALONG CHUNNAMBAR 6.0 V ARIYANKUPPAM SULTANPUR LODHI KALI BEIN 9.0 IV PUNJAB TO CONF TO BEAS BEAS ALONG MUKERIAN 3.8 V ALONG BISALPUR BANAS DAM, SWAROOPGANJ, 13.2 III RAJASTHAN NEWTA DAM SAWAIMADHOPUR CHAMBAL 3.2-4.8 V TO KOTA ADAMPOOL TO MANEY KHOLA 3.2-4.5 V BURTUKK DAM SITE (NHPC) TO RANGIT 3.2-3.8 V SIKKIM TREVENI RANICHU NAMLI TO SINGTAM 3.8-4.0 V MELLI TO TEESTA 4.0-4.3 V CHUNGTHANG SIRUMUGAI TO BHAVANI 3.3-6.6 IV KALINGARAYAN TAMIL NADU PAPPANKULAM TAMBIRAPANI 3.1-4.0 V TOARUMUGANERI KARAKAVAGU ALONG PALWANCHA 18.0 III WARANGAL TO MANER 6-20.0 III SOMNAPALLI TELANGANA GODAVARI BASAR TO KHAMMAM 4.0-9.0 IV KINNERSANI ALONG PALWANCHA 10.0 IV THANGADIGI TO KRISHNA 5.0-6.0 V WADAPALLY BURIGAON ALONG BISHALGARH 3.9 V TELKAJILA TO GUMTI 3.9 V AMARPUR TRIPURA AGARTALA TO HAORA 3.2-4.0 V BISHRAMGANJ JURI ALONG 4.9 V

DHARMANAGAR KHOWAI ALONG TELIAMURA 3.3 V MANU ALONG KAILASHAHAR 3.5-3.6 V SITAPUR TO GOMTI 3.1-18.0 III VARANASI KANNAUJ TO GANGA 3.5-8.8 IV VARANASI MURADABAD TO RAMGANGA 6.6 IV KANNAUJ HAMIRPUR TO BETWA 3.5-4.2 V UTTAR WAGPURA PRADESH BARHALGANJ TO GHAGHARA 4.0-4.5 V DEORIA DOMINGARH TO RAPTI 4.7-5.9 V RAJGHAT SAI UNNAO TO JAUNPUR 4.0-4.5 V AYODHYA TO SARYU 4.3 V ELAFATGANJ KALYANI D/S PANT NAGAR 16.0 III HARIDWAR TO GANGA 6.6 IV SULTANPUR SULTANPUR TO UTTARAKHAND KOSI 6.4 IV PATTIKALAN NANDOUR ALONG SITARGANJ 5.6-8.0 IV IN THE VICINITY OF PILKHAR 10.0 IV RUDRAPUR SANTIPUR TOWN TO CHURNI 10.3-11.3 III MAJHADIA TARAPITH TO DWARKA SADHAK BAMDEB 5.6-17.0 III GHAT TRIBENI TO GANGA 5.0-12.2 III DIAMOND HARBOUR DURGACHAKM TO DAMODAR 4.4-8.2 IV DISHERGARH LAAL DIGHI TO JALANGI 8.3 IV KRISHNA NAGAR MIDNAPORE TO KANSI 9.9 IV RAMNAGAR MADHUPUR TO MATHABHANGA 8.5 IV WEST BENGAL GOBINDAPUR BARAKAR KULTI TO ASANSOL 5.7 V DWARAKESHWAR ALONG BANKURA 1-5.6 V BITALA TO KALJANI 6.0 V ALIPURDWAR JALPAIGURI TO KAROLA 3.9 V THAKURER KAMAT MAYURKASHI SURI TO DURGAPUR 5.2 V KOLAGHAT TO RUPNARAYAN 3.1-5.8 V BENAPUR GHATAL TO SILABATI 3.8 V NISCHINDIPUR SILIGURI TO TEESTA 3.3 V PAHARPUR

48. In view of above, it is absolutely necessary that Action Plans are prepared to restore

the polluted river stretches to the prescribed standards. The Action Plans may

cover the following:

A) Source control

Source control includes industrial pollution control and treatment and disposal of domestic sewage as detailed below:-

(a) Industrial pollution control

(i) Inventorisation of industries

(ii) Categories of industry and effluent quality

(iii) Treatment of effluents, compliance with standards and mode of disposal of effluents

(iv) Regulatory regime.

(b) Channelization, treatment, utilization and disposal of treated domestic sewage.

(i) Identification of towns in the catchment of river and estimation of quantity of sewage generated and existing sewage treatment capacities to arrive at the gap between the sewage generation and treatment capacities;

(ii) Storm water drains now carrying sewage and sullage joining river and interception and diversion of sewage to STPs,

(iii) Treatment and disposal of septage and controlling open defecation, (iv) Identification of towns for installing sewerage system and sewage treatment plants.

(B) River catchment/Basin Management-Controlled ground water extraction and periodic quality assessment

(i) Periodic assessment of groundwater resources and regulation of ground water extraction by industries particularly in over exploited and critical zones/blocks.

(ii) Ground water re-charging /rain water harvesting

(iii) Periodic ground water quality assessment and remedial actions in case of contaminated groundwater tube wells/bore wells or hand pumps. (iv) Assessment of the need for regulating use of ground water for irrigation purposes.

(i) Regulating activities in flood plain zone. (ii) Management of Municipal, Plastic, Hazardous, Bio-medical and Electrical and Electronic wastes. (iii) Greenery development- Plantation plan.

(D) Ecological/Environmental Flow (E-Flow)

(a) Issues relating to E-Flow (b) Irrigation practices

(E) Such other issues which may be found relevant for restoring water quality to the prescribed standards.

49. Model Action Plan for Hindon River, already prepared by the CPCB, may also be

taken into account.

50. In view of above, we consider it necessary to issue the following directions:

i) All States and Union Territories are directed to prepare action plans within

two months for bringing all the polluted river stretches to be fit at least for

bathing purposes (i.e BOD ˂ 3 mg/L and FC ˂ 500 MPN/100 ml) within six

months from the date of finalisation of the action plans. ii) The action plans may be prepared by four-member Committee comprising,

Director, Environment., Director, Urban Development., Director,

Industries., Member Secretary, State Pollution Control Board of concerned

State. This Committee will also be the Monitoring Committee for

execution of the action plan. The Committee may be called ‘’River

Rejuvenation Committee’’ (RRC). The RRC will function under the overall

supervision and coordination of Principal Secretary, Environment of the

concerned State/Union Territory. iii) The action plan will include components like identification of polluting

sources including functioning/ status of STPs/ETPs/CETP and solid waste

management and processing facilities, quantification and characterisation

of solid waste, trade and sewage generated in the catchment area of

polluted river stretch. The action plan will address issues relating to;

ground water extraction, adopting good irrigation practices, protection

and management of Flood Plain Zones (FPZ), rain water harvesting,

ground water charging, maintaining minimum environmental flow of river

and plantation on both sides of the river. Setting up of biodiversity parks

on flood plains by removing encroachment shall also be considered as an

important component for river rejuvenation. The action plan should focus

on proper interception and diversion of sewage carrying drains to the

Sewage Treatment Plant (STP) and emphasis should be on utilization of

treated sewage so as to minimize extraction of ground or surface water.

The action plan should have speedy, definite or specific timelines for

execution of steps. Provision may be made to pool the resources, utilizing

funds from State budgets, local bodies, State Pollution Control Board/

Committee and out of Central Schemes.

iv) The Action Plans may be subjected to a random scrutiny by a task team of

the CPCB.

v) The Chief Secretaries of the State and Administrators/ Advisors to

Administrators of the Union Territories will be personally accountable for

failure to formulate action plan, as directed.

vi) All States and Union Territories are required to send a copy of Action Plan

to CPCB especially w.r.t Priority I & Priority II stretches for approval.

vii) The States and the Union Territories concern are directed to set up Special

Environment Surveillance Task Force, comprising nominees of District

Magistrate, Superintendent of Police, Regional Officer of State Pollution

Control Board and one person to be nominated by District Judge in his

capacity as Chairman of Legal Services Authority on the pattern of

direction of this Tribunal dated 07.08.2018, in Original Application No.

138/2016 (TNHRC), “Stench Grips Mansa’s Sacred Ghaggar River (Suo-Motu

Case).

viii) The Task Force will also ensure that no illegal mining takes place in river

beds of such polluted stretches.

ix) The RRC will have a website inviting public participation from educational

institutions, religious institutions and commercial establishments.

Achievement and failure may also be published on such website. The

Committee may consider suitably rewarding those contributing

significantly to the success of the project.

x) The RRCs will have the authority to recover the cost of rejuvenation in

Polluter Pays Principle from those who may be responsible for the

pollution, to the extent found necessary. In this regard, principle laid down

by this Tribunal in order dated 13.07.2017 in O.A No. 200 of 2014, M.C

Mehta Vs. U.O.I will apply. Voluntary donations, CSR contribution,

voluntary services and private participation may be considered in

consultation with the RRC.

51. We understand that the State Pollution Control Boards or other authorities are

having funds deposited under the order of the Tribunal besides funds available

under Consent Mechanism. The said funds may be utilized for the purpose of

expenditure for the Committees, including preparation and execution of action plans

in accordance with the provisions contained in the Water Act, 1974.

52. A copy of this be sent by e-mail to all the concerned i.e. the Ministry of Water

Resources, Ministry of Environment, Forest & Climate Change, Ministry of Housing

and Urban Affairs, the Niti Ayog, National Mission for Clean Ganga, Central Pollution

Control Board, Chief Secretaries of all the States and Union Territories for

compliance.

53. The RRCs will send progress reports by e-mail at [email protected] on or before

15.12.2018.

54. Needless to say, that order of National Green Tribunal is binding as a decree of Court

and non-compliance is actionable by way of punitive action including prosecution,

in terms of the National Green Tribunal Act, 2010.

55. Put up for consideration of the Report on 19th December, 2018.

..…..…………………………….., CP (Adarsh Kumar Goel)

...…..…………………………….,JM (S.P. Wangdi)

...…..…………………………….,EM (Dr. Nagin Nanda)

New Delhi September 20, 2018

-. -J&K Governmentof Jammu and Kashmir J&K State Pollution Control Board Jammu Winter office: Novembe,....April

Parivesh Bhawanl GJadni, Summer Office: Hay-October Transport Nagar, Narwal, Sheikh-ul-Alam Campus, Jammu. (J&K) 180006. Behind Govt. Silk Factory, Ph./Fax. 0191-2476925 Rajbagh, Srinagar (J&K) 190008 Ph./Fax. 0194-2311165. spes email: [email protected]

The Member Secretary, Central Pollution Control Board, East Arjun Nagar, Delhi.

No: SPCBIPSIMS/20 18/1-j_~ Date: 1~-12-2018.

Sub:- Hon'ble NGT order dt. 20-09-2018 regarding Action Plan for Rejuvenation of Polluted River Stretches of J&K.

Sir, Kindly find enclosed herewith the progress report in compliance to Hon'ble NGT order dt. 20-09-2018along with Action Plan for Devika River, Priority-II for favour of information and further necessary action at your end.

Yours faithfully, Encl: i) Progress Report. ii) Action Plan for Devika River P-II.

(B. M. Sharma) Member Secretary ~ SPCB, Jammu. NllY Government of Jammu and Kashmir J&K State Pollution Control Board Jammu Winter office: November-April Summer Office: Hay-October Parivesh Bhawan, Gladni, Sheikh-ul-Alam Campus, Transport Nagar, Narwal, Behind Govt. Silk Factory, Jammu. (J&K) 180006. Rajbagh, Srinagar (J&K) 190008 Ph.IFax. 0191·2476925 Ph.IFax.0194-2311165. email: [email protected]

Sub: Progress report of J&K River Rejuvenation Committee. Ref: NGT order dt. 20-09-2018. i) Pursuant to order dt. zo" Sep. 2018 of the Hon'ble NGT in O.A no. 673/2018, first meeting of the River Rejuvenation Committee was held on 24-11-2018 and all the participants were sensitized about the task at hand and importance of sharing of inputs.

ii) Second meeting of RRC was held on 03-12-2018 and notes were exchanged and inputs were shared by the participants, problem areas for polluted river stretches in J&K State were identified for framing of Action Plan. Inputs were collected by the Member Secretary of J&K SPCB (member RRC) and he was assigned the,task of preparing the zero draft of the Action Plan.

iii)Since inputs were not fully available, 3rd meeting of RRC was held on 07-12- 2018 in the office chamber of the Commissioner / Secretary to Govt. Department of Forests, Environment and Ecology. All the members and co• opted members were impressed to submit their inputs within two days to enable the Member Secretary SPCB to accomplish the task.

iv)Final draft of the Action Plan for all the polluted river stretches is almost ready but needs further improvement, while as, the Action Plan for Priority No. 02 river stretches of the State i.e river Devak is complete and is submitted herewith for approval by the CPCB. Action Plan for other polluted stretches in ~riOrity No.3 - 4 and 5 shall be finalized within a fortnight.

Page 1 of 2 ------

v) Website for the RRC (http://jkriverrejuvenation.com) has been developed and made functional for inviting public participation, which shall be updated gradually.

vi) Further, the matter has been taken up with the Govt. for (a) formal order for RRC and (b) setting up of Special Environment Surveillance Task Force for each district, for preventing illegal mining of river beds of such polluted stretches (copies enclosed).

As approved by the RRC meeting held today on 14-12-2018 in the office chamber of Commissioner / Secretary to Govt. Department of Forests, Environment and Ecology.

Encl. i) Action Plan for P-II River Devika Udhampur. ii) SPCBINGT/47/20181755-57 dt. 15-10-2018. iii) SPCBILSJ/47/2018/864 dt. 24-11-2018. iv) SPCBILS/47/2018/1077 dt. 13-12-2018.

Page 2 of 2 Government of Jammu and Kashmir J&I( State Pollution Control Boal~c;:J

- '/ J&K Winter office: November-April Srinagar " ,7,':::;;:::;;:::=::'::::. Perivesh Bhawan, Gladni, .~;.c~::::::_~ Transport Nagar, Narwal, Summer Office: MaY-October 'idi'JIr~~Witgm Jammu. (J&K) 180006. Sheikh-ul-Alam Campus, Behind Govt. Silk Factory, Ph./Fax, 0191-2476925 Rajbagh, Srinagar (J&K) 190008 speB email: membersecretar Ph./Fax, 0194-2311165. The Commissioner/Secretary to Govt., mail. com Department of Forests, Environment and Ecology, J.&K Government, Civil Secreta ria t, Srinagar.

Dated: I S:-'-I 0-2018,

Subject: Hon 'ble NGT Judgement dt. 20th Sept., 2018 regarding Rejuvenation of Polluted River Stretches, Ref i) epCE. email communication dt. 5'" October,2018, Sir, ii) CPCE. No A-140lJIlI2018-WQM_1110576 cit. 28-09-2018. ( In terms of the order of the Hon'ble NGT dt. 20th September,2018 on above SUbject, the State Government is required to prepare an Action Plan within two months of order for bringing all polluted river stretches of the State to be fit"atleast for bathing purposes (i.e, BOD< 3 mg/I and FC < 500 MPN/IOO mJ) within 6 months from the date of finalization of the Action Plan, For this purpose a four member committee comprising:-

i) Director Environment and Remote Sensing. ii) Director Urban Development Department. iii) Director Industries & Commerce Department. iv) Member Secretary J&f( State Pol/ution Control Board, is required to be constituted as per Hori'ble NGT order dt. 20/09/2011j. The Committee will also be the monitoring committee for execution of the plan and the committee may be named as River Rejuvenation Committee which will function under the supervision of Administrative Secretary of Forest, Environment and Ecology Department. As per the Hon'ble NGT direction under reference, the Chief Secretary of the State will be personally accountable for failure to formulate Action Plan discussed above,

YOLl are accordingly requested to take immediate necessary action in the matter to ensure compliance of the directions of the Hon 'ble National Green Tribunal and Central Pollution Control Board

Yours faithfully, Encl: NGT order dt, 20-09-2018. -G1~e .( (BCSharma) Member Secretary Copy to the ;- J&K SPCB i) Member Secretary, Central Pollution Control Board, Parivesh Bhawan, East Arjun Nagar,Delhi for information. ii) Shsi S.T<. Gupta, Regional Director" Central Pollution Control Board, PIeUp Bhawan, Ground Floor, Vibhuti Khnd, Gomti Nagar Lucknow for ,information. This is in reference to his email dt. s" of Oct., 2018, ------r Government of Jammu and Keshmir I J&K State Pollution Control Board Jammu. Winter office: November-April Parivesh Bhawan, Gladni, Summer Office: May-October Transport Nagar, Narwal, Sheikh-ul-Alam Campus, Jammu. (J&K) 180006. Behind Govt. Silk Factory, Ph./Fax. 0191-2476925 Rajbagh, Srinagar (J&K) 190008 Ph./Fax.0194-2311165. suuuu [email protected]

The Commissioner/Secretary to Govt., Department of Forests, Environment and Ecology, J&K Government, Civil Secretariat, -Iammu.

No: SPCB/LSJ/47/2018) <6'6 '1 Dt.:)..~'-11-2018 Sub:• €onstitution of Special Environment Surveillance. Task Force. Ref.:- Hon'ble NGT Order dated 20th Sept.2018 in O.A. N,0.63/2018. Sir,

Taking cognizance of the news report carried out by the daily Hindu, the Hon'ble NGT vide its order dated zn" Sept. 2018 in OA No.673/2018, has issued slew of directions which includes constitution of Special Environment Surveillance Task Force. In light of order under reference of the Hon'ble NGT para 50 (vii) the Special Environment Surveillance Task Force shall comprise the nominees of :_

i) District Magistrate, ii) Superintendent of Police, iii) Regional Officer of State Pollution Control Board and iv) One person to be nominated by District Judge in his capacity as Chairman of . --,. Legal Services Authority on the pattern of directions of his Tribunal dated 07- 08-2018, ill Original Applicatio'n No. 138/2016(TNlfRC), "Stench Grips Mansa's GIJaggar River (Silo-Motu Case).

The Task Force is required to ensure that no illegal mining takes place in the beds of polluted stretches of rivers identified in the State of J&K.

It is accordingly requested to kindly facilitate issuance of necessary orders for the constitution of Special Environment Surveillance Task Force in each district: in compliance to the Hon'ble NGT order under reference.

Yours faithfully,

~~i

(B. M. Sharma) Member Secretary J&K SPCB Government of Jammu and Kashmir J&K State pollution control Board

Jammu summer Office: M:JIlJ'-nrtdl"iP'< Winter office: November-April Sheikh-uJ-AJam Campus, Parivesh Bhawan, Gladni, Behind Govt. Silk Factory, Transport Nagar, NarwaJ, Rajbagh, Srinagar (J&K) 1 Jammu.. (J&K) 1800Q6. Ph./Fax.0194-2311165. spes Ph./Fax. 0191-247692.5 email: [email protected]

The CommissionerlSecretary to Govt., Department of Forests, Environment and Ecology, Civil Secretariat, Jammu. D1. '3.12.2018. No> SPCB/LS/47/201Sllo::tl- Subi- Compliance to Hon'ble NGT New Delhi order dated 20th September, 2018 in .original Application no. 673/2018 IN THE MATTER OF NEWS ITEM PUBLISHED IN 'THE HINDU' titled '"More river stretches are' now . critically polluted: Cl'Cls".

iRef.:- i, SPCB no. SPCB/NGT/47/20181755-57 dt. 15.10.2018. ii. SPCB/LSJ/47/2018/864 dt. 24.11.2018. Sir, Kindly find enclosed the CPCB communication No.A~140111112018-WQM• I113253 dt. 28.11.2018, wherein, the CPCB has sought copies of the orders issued for the constitution of River Rejuvenation Committee by the state and the details of,

meetings held/actions taken by the RRC. It is therefore requested that the matter may kindly be expedited for issuance of (a) Govt. order for RRC and (b) Constitution of Special Environment Surveillance Task Force for each district, the proposals for the same stand already submitted.

Encls: CPCB letter dt. 28.11.2018 (B.M. Sharma) Member Secretary ~CB,JammU l~\\V Action Plan On Identified Polluted Stretch of River . Devika, Udhampur, Jammu and Kashmir categorised under Priority-II (Ref:- Hon'ble NGT Order dated zo" September,2018)

RIVER REJUVENATION COMMITTEE JAMMU AND KASHMIR Action plan on Identified Polluted Stretch in Priority-II River Devika at Udhampur in Jammu and Kashmir

Ref:- Hon'ble NGT(PBl New Delhi Order dated 20th September,2018

A) Introduction

River Devika, a tributary of River Basanter, originates from Sudh

Mahadev near Chenani also called as Gupt-Gangaarid known for its religious

importance and sanctity. At many places it goes under-ground. In Udhampur,

\ it flows in the form of a small stream fed by water from many bowlies (natural

springs) such as Rahmti Mahalia Bowli, Gandari bowli etc. The sewage and

waste water from major of establishments of Udhampur town and its adjoining

areas is also discharged untreated into the river. The State Pollution Control

Board is regularly monitoring the water quality of Devika river near Shiv

JukMnt Pnrk ",..A < ) v

GuruRavidass Temple o ~ Jammu and ",,,d'" Kashmir Bank HOfC Bank Q Tope

Chmar 0 Mangote Farna

Garhl Thanua

KAt! MAfA «"\ MANDIRRehmtwl V

Rehambal

Rothl;;lIl 0 shiv temnle Polluted Stretch of River Devika from Guru Ravi DassTemple to Nainsu at Udhampur Mandir Udhampur on quarterly basis under NWMP. The polluted stretch up to the distance of 5 Km has been identified as per Hon'ble NGT Order dated zo"

September,2018 in Priority-II as per CPCBcriteria for Priority/Categorisation based on BOD load in the range of 20-30 mgJl. In the stretch of river Devika from Guru Ravi Dass temple to Nainsu at Udhampur, the level of BOD has been recorded during the period 2016-17 in the range of 3.4-22 mgJl. Thus, this stretch of river Devikahasbeen categorised in Priority-II.

1. a) Causesof Pollution:-

The water quality of this stretch of river Devika gets deteriorated due to discharging of un-treated sewage from nearby localities/establishments.

Besidesthis, other reason for deterioration of the water quality of Devika is unabated disposal of Municipal Solid Waste along the river.

1. b) Action Plan Proposed:-

For rejuvenation and pollution abatement of holy river Devika and Tawi at Udhampur town, the MoEFCC,Govt. of India, has recently approved and sanctioned the project under National River Conservation Plan (NRCP)with an estimated cost of Rs.186.74Crore vide F. No. J-27023/1/2016-NRCD-1Idated

31-10-2018 for the financial year 2018-19, out of which the share of Govt of

India is to the tune of Rs.168.66 Crore.

The following are the pollution mitigation measuresfor the holy Devika river which have been sanctioned/proposed. Untreated Sewage Pollution from Municipal drains.

Responsible agency and time frame S. No Action Points for implementation. 1. a) Establishment of SewageTreatment Plants(STPs) of latest Modern Technology, of requisite capacity as per requirement. i) For Udhampur town civil i) The Chief Engineer, UEED(Urban establishments:- The UEED Environmental Engineering Udhampur has proposed the Department). installation of STPs of below The UEEDhas initiated the work for mentioned capacity at the following setting up of three (03) STPsunder locations:- National River Conservation Plan • Near PHEfilling station, main (NRCP) to be established by 31st bagh, Air Force, Udhampur March-2021 (within 30 months), as = 8.0 MLD approved/sanctioned by Gol. • Near Ice . Factory,Omara,Udhampur. = 4.0 MLD • Pittanbarh near Temple = 1.6 MLD

ii) For Army establishments /MES ii) Commanding Officer (Northern colony. Command) / MES authorities Udhampur for the establishment of STPs (Chinar Army Complex I MH area) of requisite capacity with proper sewerage networking for their areas to avoid direct discharge of sewerage into river Devika.

Time frame:- within ,Twelve months.

iii) Sewerage Treatment Plant for iii) Director Local Bodies / Udhampur Banquet halls, minor establishments Municipal Council responsible for etc. getting STPs installed (Primary treatment at place), then, all to be connected with STPsto be installed by UEED. Time frame:- within Twelve to Eighteen months. ------~------

iv} Effluent Treatment Plant of latest iv} Health Dept.and SPCB. technology and capacity for Time frame:- within Eighteenmonths. treatment of Liquid Waste from Biomedical and other activities by Govt. District Hospital,Udhampur.

(ii) Unabated disposal of Municipal Solid Waste:.,.

Responsibleagency and time frame for S.No Action Points implementation

1. Establishment of identified MSW 1-2)Director local Bodies/Municipal dumping site / landfill and Council, Udhampur is responsible for Scientific disposal of municipal MSW segregation at source and its solid waste. scientific disposalwith land fill. 2.· Segregation of MSW at household Time Frame:- within Six to Twelve level as per MSW Rules-2016. months

(iii) Catchment Area Treatment :-

Responsibleagency and time S.No. Action Points Requirement frame for implementation.

1. Catchment Afforestation up to 100 -Department of Forests,J&K. area hectare up/down stream of Time frame by next treatment. the polluted river stretch to plantation seasons. prevent soil erosion, for improvement of river environment by means of reduction of silt and to augment ground water charging.

*****