BEFORE THE NATIONAL GREEN TRIBUNAL
                   CENTRAL ZONAL BENCH, BHOPAL
                   Original Application No. 117/2013 (CZ)

      CORAM:

      Hon'ble Mr. Justice Dalip Singh
      (Judicial Member)

      Hon'ble Mr. P.S.Rao
      (Expert Member)

      BETWEEN:

      Navyuvak Vikas Samaj Samiti,                                 .....Applicant
      Jaipur, Rajasthan

                                       Versus
1.    State of Rajasthan through the Secretary
      Department of Public Health & Eng. Deptt.
      Jaipur, Rajasthan,

2.    The Municipal Corporation, Jaipur
      Through Chief Executive Officer.

3.    The District Collector, Jaipur                              .....Respondents

Counsel for Applicant                    :      None

Counsel for R.P.C.B.(R-1)                :      Shri Shivendu Joshi, Adv. For
                                                Purushaindra Kaurav, Advocate
Counsel Jaipur Nagar Nigam(R-2) :               Shri Om S. Srivastav, Advocate

Counsel for Rajasthan State Govt. :             Shri Sandeep Singh, Advocate

                                                            Dated : March 3rd, 2014

                         Delivered in Open Court by

Hon'ble Mr. Justice Dalip Singh, Judicial Member

1. Originally this Letter Petition was filed before the Hon'ble High Court of Rajasthan at Jaipur Bench which came to be registered as Writ Petition No. 11800/2011 and notices were issued vide order dated 12.09.2011. Subsequently, vide Order dated 23.09.2013 the Writ Petition was transferred to the NGT, Central Zone Bench, Bhopal.

2. In his letter the petitioner alleged that the contaminated water was being supplied in the locality of Lalji Sand Ka Rasta where the Applicant resides in the walled city of Jaipur. It was further alleged that water gets contaminated as drinking water pipelines and sewage pipelines are laid in close proximity to each other and they get cracked due to corrosion resulting in contamination. It was alleged that this is a regular feature and complaints have been made at various levels resulting no consequent actions. It was alleged that due to consumption of contaminated water people are falling sick and few deaths have also been reported.

3. The Hon'ble High Court after hearing the matter on 10.09.2012, issued a direction for collection of water samples at various places for a period of seven (7) days to verify the facts as alleged in the petition.

4. The Hon'ble High Court was apprised that the work of replacing the pipelines was being executed and therefore the Hon'ble High Court sought the progress report with respect to the same.

5. After the Writ Petition was transferred to this Tribunal the Learned Counsel for Respondents were directed to submit the replies indicating the steps they have taken for effective sewage management and disposal in the city of Jaipur.

6. In response to the above, the Learned Counsel for the Rajasthan State Pollution Control Board has submitted the status report indicating that 4 Sewage Treatment Plants (STPs) have been installed and all 4 STPs are in operation. The details of the same are as follows: i. One Sewage Treatment Plant has been installed at Amber Road, Jaipur, the capacity of which is 27 MLD.

ii. The second Sewage Treatment Plant has been installed at Delawas which is known as Delawa-I, the capacity of which is 62.5 MLD. Page 2 of 6 iii. The third Sewage Treatment Plant has been installed at Delawas which is known as Delawas-II, with a capacity of 62.5 MLD. iv. The fourth Sewage Treatment Plant has been installed at Jaisinghpura Khor, Jaipur, with a capacity of 50 MLD.

7. In addition to the above, it was further stated that the Jaipur Development Authority (JDA) has also installed 3 STPs which are in operation details of which are as follows: -

i. One Sewage Treatment Plant has been installed at Jawahar Circle, Jaipur, with a capacity of 1 MLD.

ii. Second Sewage Treatment Plant has been installed at Ramniwas Garden, Jaipur, the capacity of which is 1 MLD.

iii. Third Sewage Treatment Plant has been installed at Gajodhar Pura, Jaipur, the capacity of which is 30 MLD.

Apart from the above, it is further stated :

"That the Jaipur Development Authority is also installing sewage treatment plant at Central Park, Jaipur, the capacity of the above Sewage Treatment Plant is 1 MLD.

That one Sewage Treatment Plant is also being installed by the Jaipur Development Authority at Ralawata, Jaipur and their capacity is 30 MLD the plant is under construction, besides this 1 MLD plant is also under construction at Swarn Jayati Park Vidhyadhar Nagar, Jaipur which is also being installed by the Jaipur Development Authority."

8. A perusal of the above shows that the Action Taken Report submitted on 03.03.2014 does not enumerate how much quantity of sewage is actually generated within the territorial jurisdictions of the Jaipur Municipal Corporation and the Jaipur Development Authority respectively so as to arrive at a conclusion about the adequacy of these steps which have been taken.

9. Shri Shivendu Joshi, Learned Counsel submitted that he would get the necessary information and place the same before the Tribunal and in case it is found that the capacity of the STPs installed by Jaipur Municipal Page 3 of 6 Corporation & Jaipur Development Authority is insufficient, the Rajasthan State Pollution Control Board shall take steps including those of issuing necessary directions under section 5 of the Environment (Protection) Act, 1986 as well as under section 33 of the Water (Prevention and Control of Pollution) Act, 1974.

10. The Learned Counsel for the State of Rajasthan Mr. Sandeep Singh has also filed a factual report indicating therein that the entire work of replacing the 'pollution prone pipelines' has been completed in so far as city of Jaipur is concerned details for which are given in Annexure 4. With respect to the walled city area under phase-I 27.40 km, under phase-II 24.80 km and under phase-III 45.10 km. of pipelines have been replaced. It is however mentioned in the statement of work completion that against 68.57 km of pipeline only 12.60 km of pipeline could be replaced. Shri Sandeep Singh shall file an additional Affidavit as to what steps the authorities intend to take to achieve the aforesaid target of 68.57 km. or whether it has already been completed.

11.We also find that in the factual report submitted today along with affidavit of Mr. Dinesh Sharma, Additional Chief Engineer, Public Health Engineering Department, Region Jaipur-II it has been stated as follows: -

"For about 10 months, no complaint in this regard was received from the area. Complaints No. 3 to No. 8, listed by the petitioner are dated 18.05.2011 and addressed to various authorities about polluted water in the taps for last one month. In complaint No. 9 to 18, dated 10.06.2011, the complainant has alleged supply of contaminated water and also that samples taken at the site are changed. These allegations are baseless. The Senior Chemist, PHED, vide report No. 8930 dated 08.11.2011, has found that the samples taken in this area in the period from 09.05.2011 to 14.06.2011 were satisfactory, The amount of residual chlorine in samples varied from 0.8 ppm to 1.5 ppm. The samples were also found satisfactory in the bacteriological examination (Annexure-2). As per the list, the complaints No. 19 to No. 24, dated 03.07.2011, have been addressed to various authorities again regarding contaminated water. All the news items that have published in the Page 4 of 6 news papers in this regard have reference to Shri Munna Lal Saini or Navyuvak Vikas Samaj Samiti, Lalji Sand ka Rasta, Chaura Rasat, Jaipur.

The quality of water in Jaipur City is regularly monitored by the field staff as well as the PHED Laboratory. Water testing reports for the period from 06.07.2011 to 05.10.2011 (18 reports) are available at Annexure-3. The water quality has been found satisfactory in all the 18 reports of this period. The water quality is regularly monitored in the area. Apart from supply from Ram Niwas Bagh pumping Station, water is also supplied from local tube wells. A very small quantity of very fine sand is present in the water pumped from the tube wells. This fine sand may be deposited in the distribution pipelines. When water is supplied at high pressure during regular hours, some fine sand may be seen in the water. The department has not added any sand in the water pipeline as alleged by the complainant."

12. A perusal of the above goes to show that the grievance raised by the Applicant has been addressed by the Respondents and it is further stated that during the preceding 10 months no complaint has been received.

13. It has also been stated in para 6 of the factual report that steps for prevention of contamination of water and monitoring of same as well as the remedial measures wherever necessary, are also being taken from time to time. The reports for testing the samples for water quality, as directed by the Hon'ble High Court, have been filed at Annexure 5 according to which no adversity has been noticed.

14. Since the Applicant has not appeared before us even once as also on several dates before the Hon'ble High Court and even the amicus curie appointed by the Hon'ble High Court was permitted to withdraw from the case, we have no material to counter what has been stated before us by the respondents.

15. In view of the above, we are satisfied that no further directions are needed to be issued with respect to grievances raised by the applicant at this stage.

16. The two reports submitted today by the Learned Counsel of the State of Rajasthan as well as by the Learned Counsel for the Rajasthan State Pollution Control Board are ordered to be taken on record. Page 5 of 6

17. Mr. Sandeep Singh appearing for the State shall file the required information as stated at Para 10 above clarifying the steps taken on rectifying the shortfall of the work undertaken for laying fresh pipelines as well as regarding the total quantity of sewerage being generated as mentioned in Para 8 above within four weeks from today.

18.This Original Application accordingly stands disposed of subject to the direction contained in Para 17 above. On filing the required information within four weeks as ordered, the matter be listed for noting compliance on 16th April, 2014.

(Mr. Justice Dalip Singh) Judicial Member (Mr. P.S.Rao) Expert Member Bhopal:

March 3rd, 2014 Page 6 of 6