Dr Raja Muzaffar Bhat
After National Green Tribunal’s (NGT’s) intervention Govt of J&K has agreed to provide more than Rs 149 Crores for treatment of waste water that enters Doodh Ganga between Chadoora town in Budgam to Tengpora in Srinagar. The 15 kms downstream stretch of Doodh Ganga has a huge population residing on its banks. Large number of residential colonies and shopping complexes have been established in these areas. The liquid waste that comes out from residential and commercial establishments enters directly into Doodh Ganga without any treatment. Ironically the untreated waste water is also being pumped by several pump stations set up by Srinagar Municipal Corporation (SMC) , Urban Environment Engineering Department (UEED) between Chanapora bypass bridge to Tengpora via Barzulla Bulbul Bagh. There are six major pump stations which have been illegally constructed and J&K Pollution Control Board (PCB) having already issued notice to SMC some years back. Infact J&K High Court took suomoto cognizance of a newspaper report as well in August 2019 , but that also didn’t help and finally this author had no other option other than filing a formal complaint before the NGT.
Pertinently in March this year the National Green Tribunal (NGT) after taking cognizance of my petition slashed a penalty of Rs 3 crore on the erring officers of the J&K Government and polluters for not taking steps to control pollution and illegal mining in Doodh Ganga and Mamath Kul in Budgam.The petition titled Raja Muzaffar Bhat v/s Government of J&K was listed before the Principal Bench of NGT on March 8th 2022. The NGT order said that the State be held liable to pay an interim compensation of Rs 1 crore each under all the three heads (solid waste, liquid waste, and Illegal mining) which is to be deposited in a separate account of Deputy Commissioner Budgam to be utilised for the restoration of the environment. The money was later on said to have been deposited into the said account by SMC , Director Urban Local Bodies Kashmir & Director Geology & Mining Department. Some part of the money was recovered from some polluters by SMC but nothing has been recovered from erring officers as the NGT order has given clear direction about the same.
The bench headed by Justice A K Goel in its March 8th 2022 order said,
“The violations found include dumping of waste on the banks of the river, discharge of untreated sewage into the river, unregulated illegal mining activities, and failure to protect the embankments of the river.”
The NGT order reads :
“For illegal mining, the loss caused to the State in the form of value of minerals as well as the loss caused to the environment for undertaking such activity without requisite clearances needs to be recovered by the State PCB in light of judgment of the Supreme Court inter-alia in Goa Foundation versus Union of India and others (2014) 6 SCC 590 and Common Cause versus Union of India and others (2017) 9 SCC 499. It is also open to the State PCB to initiate prosecution against the violators ”
It is unclear whether JKPCB now called Pollution Control Committee (PCC) has initiated prosecution against violators (Project Proponents , Geology & Mining Department , Flood Control Department etc) or not ? As per my information PCB is still a mute spectator and has not taken action against the people involved in illegal mining in spite of having a clear order from the NGT. This issue would be taken up before the NGT during the next date of hearing
5 Member Committee report
On NGTs orders a 5 member joint committee was constituted early last year to identify the factors that were causing water pollution in Doodh Ganga from Chadoora to Tengpora (Budgam and Srinagar areas). The committee was asked to submit a factual report regarding the measures being taken for cleaning the Doodh Ganga. The committee constituted by NGT, comprised of Deputy Commissioners of Srinagar and Budgam, Director Urban Local Bodies Kashir and Regional Director, Pollution Control Committee Kashmir. This joint committee undertook a visit to the Barzulla area to assess the water quality , quantity of sewage being discharged, solid waste being dumped on the banks of Doodh Ganga river and to review the measures being taken for its cleanliness besides identification of the factors contributing to pollution of this waterbody.
After conducting the on-spot inspection the joint committee suggested remedial action for preventing discharge of sewage and dumping of solid waste on the banks of Doodh Ganga and Mamath Kul in Budgam.
The Joint Committee constituted on the orders of National Green Tribunal (NGT) directed the officers of Srinagar Municipal Corporation (SMC) , J&K Urban Environment & Engineering Department (UEED) , Irrigation and Flood Control Department and Directorate of ULB Kashmir to ensure cleaning and maintenance of the banks of Doodh Ganga and Mamth Jull which is the source of irrigation as well as drinking water for more than half a million population of Srinagar and some areas of Budgam district.
The Committee also stressed upon the concerned field functionaries to sensitize people living near the banks of the Doodh Ganga about the fragility of the environment and ill effects of polluting it, besides declaring the banks of the Nallah Dhoodh Ganga and the adjoining areas as ‘No Litter Zone’.
The committee also asked Municipal Committee Chadoora to clear legacy waste and prevent any further dumping of waste on the Banks of water body.
The Committee also discussed the need of a comprehensive action plan including establishment of Sewerage Treatment Plants (STPs) of adequate capacity to prevent direct discharge of untreated Sewage into Doodh Ganga.
The Srinagar Municipal Corporation (SMC) made a detailed project report (DPR) to install STPs based on a suitable technology for the areas under its jurisdiction ie from Bagh-e Mehtab to Tengpora. The UEED made the DPR for rural area located between Bagh e Mehtab and Sogam via Chadoora town (up stream)
Govt sanctions Rs 149 Crores
The Housing and Urban Development Department (HUDD) J&K Government has been very much serious about pollution in Doodh Ganga. The Principal Secretary HUDD Dheeraj Gupta and Chief Engineer UEED J&K Naseer Kakroo personally informed me that Govt has sanctioned Rs 149 crores for setting up STP around Doodh Ganga beyween Sogam Chadoora to Tengpora Bypass via Bagh e Mehtab, Chanapora , Barzulla. The setting up of Sewage Treatment Plants STP is part of the comprehensive action plan to prevent direct discharge of untreated sewage into the Doodh Ganga tributary. Recently the Chief Engineer UEED Kakroo and the Govt consultant Mehraj Bhat gave a Power Point presentation in his office to a civil society delegation from Chadoora area. I was also present during the presentation The project has been divided into two parts. The estimated cost of setting up STP from Chadura to Bagh e Mehtab is Rs 84.34 crores. Similarly, the estimated project cost from Baghe Mehtab to Tengpora is Rs. 59.14 crores which amounts to Rs 149 crores.
When it comes to clearing the solid waste being dumped on the banks of Doodh Ganga between Bagh e Mehtab to Chadoora town via Mochwa , Kralpora , Gopalpora , Wathoora , Hanjigund , the same is not cleared as these areas are rural habitations but have been urbanised. The Assistant Commissioner Panchayats Budgam has to be serious about it and she must utilize the money available under SBM Gramin for solid liquid waste management. The suggestions made by the joint committee to declare Doodh Ganga as no litter zone is also not being adhered to.
The residents living on the banks of Doodh Ganga have not been sensitized by the Govt through regular Information , Education and Communication (IEC) activities. The banks of Doodh Ganga that fall under SMC (Bagh e Mehtab to Tengpora) need to be cleaned on a daily basis.
The waste collection point under the Chanapora Bypass bridge should be cleared and instead more vehicles be provided in the area to collect waste from every household in a segregated manner.
In Chadoora town the local municipality is clearing the solid waste from its banks on a regular basis but some vehicles need to be provided to the municipality so that all waste can be collected from every ward , every mohalla and every commercial establishment of the town.
Conclusion
As more than Rs 149 crore have been sanctioned for setting up some STPs on Doodh Ganga, I suggest that some qualified company / executing agency be given the contract and the best STP technology be put into use. We have a very bad experience about STPs installed in J&K in past years. They have failed in many places. I will suggest NGT to monitor the construction of these STPs so that substandard technology , equipments or material is not used in this project. The populated areas located around Doodh Ganga like Chadoora town, Wathoora , Gopalpora, Kralpora , Mochwa, Bagh e Mahtab, Chanapora should be connected with the STPs. The J&K Rural Sanitation Department which is the Mission Directorate for SBM Gramin in J&K must be directed to provide its services in all the villages of Chadoora where from Doodh Ganga passes through. Their presence isn’t at all seen and I would request my counsel to agitate this before NGT during next date of hearing on August 17th 2022…..
(The author is Founder & Chairman of Jammu & Kashmir RTI Movement)
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