SRINAGAR: The National Green Tribunal (NGT), in its recent order, expressed dissatisfaction with the working of the J&K Government in controlling pollution and illegal riverbed mining in Doodh Ganga. The tribunal granted the J&K Government a period of two months to implement its previous directions after receiving a personal assurance from Prashant Goel, the newly appointed Principal Secretary of the Housing & Urban Development Department. The hearing took place on May 30th, 2023, before the NGT bench consisting of Justice Sudhir Aggarwal and Dr A Senthil Vel (Expert Member).
During the hearing, the counsels of the petitioner, Advocates Rahul Chowdhary and Sruthi K petitioner Dr Raja Muzaffar Bhat, as well as the counsel for the Ministry of Environment, Forests, and Climate Change (MoEF), Balendu Shekhar, were present. Additionally, around a dozen officers from the J&K Government, including the Principal Secretary of the Housing & Urban Development Department, Commissioner of Srinagar Municipal Corporation, Director of ULB Kashmir, Chief Engineer of UEED Kashmir, DC Budgam, Regional Director of Pollution Control Committee, Director of Geology & Mining JK Govt, and the District Mineral Officer Budgam, attended the hearing.
During the earlier hearing on May 24th, 2023, the NGT observed that no substantial progress had been made and directed the filing of effective and meaningful affidavits regarding the remediation of existing dump sites, waste processing facilities, and prevention of sewage discharge from dewatering pumping stations.
“However, no such update has been filed today, and whatever has been stated is merely a reiteration of earlier reports. We are truly dissatisfied with the J&K Government’s approach in this matter. Despite repeated opportunities over the past two years, there has been no significant progress. It is undisputed that both the rivers, Doodh Ganga and Mamath Kul, are still polluted, and no effective measures have been taken to mitigate or remove the pollution, or to prevent illegal mining in the riverbed and floodplain zones,” reads the order.
The Tribunal stated in its order that there is no integrated and holistic approach by the government in implementing the action plan. The reports submitted by the J&K Government only outline the expenditure plans, formulation of DPR (Detailed Project Report), and aspirations for tendering.
“Short-term measures have not been taken to remove solid waste dumped on the banks of the two rivers and transport it to the designated processing site, as per the MSW Rules, 2016. Regarding sewage, the authorities have failed to set up decentralized/modular Sewage Treatment Plants (STPs) at 13 dewatering pumping stations to prevent the discharge of 16.23 million liters per day (mld) of sewage,” further states the order.
After receiving personal assurance from the Principal Secretary that the work would be executed on the ground within one month, the NGT bench granted the government an additional two months. When the Tribunal inquired why the remaining compensation of Rs 32 crores had not been paid, the respondent officers assured that it would be paid soon. A penalty of Rs 35 crores was imposed on the government, out of which Rs 3 crores were paid by SMC, Director ULB Kashmir, and the District Mineral Officer Budgam. The money was intended for the restoration of Doodh Ganga, and sources indicate that only Rs 1 crore was spent on constructing some protection walls, but the contractors who completed the work around 6 months ago have not been paid.
While granting the J&K Government two months to enforce its earlier orders, the NGT bench stated, “Considering the assurance given by the Principal Secretary of the Housing and Urban Development Department, we grant him two months to take effective steps for compliance with the directions provided by this Tribunal in its earlier orders. The government is also required to file an action taken/compliance report as of July 31st, 2023, by August 7th, 2023.”
In its previous orders, the NGT directed the government to ensure that no liquid waste enters Doodh Ganga and Mamath Kul in areas falling within the districts of Budgam and Srinagar. The tribunal ordered the installation of Sewerage Treatment Plants (STPs) along Doodh Ganga in rural and urban areas. The government assured the NGT that it would allocate Rs 149 crores for this purpose. The NGT also directed the removal of all legacy waste from the banks of Doodh Ganga and the surrounding habitations in Budgam and Srinagar districts. Additionally, the government was instructed to stop illegal mining and take action against those who violate the JK Minor Mineral Concession Rules 2016 and the State Environmental Impact Assessment Authority guidelines.
The next hearing on this matter is scheduled for August 16th, 2023.
