NATIONAL GREEN TRIBUNAL DIRECTS CHIEF SECRETARY PUNJAB, POLLUTION CONTROL BOARD AND DISTRICT MAGISTRATE, ROOPNAGAR TO TAKE REMEDIAL MEASURES TO STOP WATER POLLUTION IN RIVER SATLUJ NEAR GURUDWARA PATALPURI SAHIB AT KARTARPUR SAHIB, AND FILE STATUS REPORT WITHIN ONE MONTH BEFORE NATIONAL GREEN TRIBUNAL.

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The Execution application filed by advocate/social activist Ms. Sunaina seeking execution of order dated 22.02.2021 in O.A No. 593/2017 and O.A No. 673/2018 directing remedial measures to prevent pollution of rivers. According to the applicant Ms. Sunaina, in spite of the said orders, huge water pollution is taking place in River Satluj near Gurudwara Patalpuri Sahib at Kartarpur Sahib, as reported in Punjabi Jagran dated 25.09.2022.

Adv. Sunaina categorically mentioned that “Gurudwara Patalpuri Sahib @ AsthaghatKiratpur Sahib is the sacred place to Sikh community as Sikh community devotees from all over the country/world come to immerse the ashes of the departed ones/remains of their dead relatives, loved ones and friends in the river at the Asthaghat built on the bank of the river.

And the dirty water of the Kiratpur Sahib town through two canals, first through DabwaliJiuwal, Kalyanpur, Siphon Nangal road of the canal, railway line get mixed into the river. The dirty water has been falling for the last 30 years. Residents of this area are suffering from the various diseases due to the untreated water dumped directly into the drains/nalah/channels which lastly merged into the Sutlej River.

It was also put into the knowledge of Hon. NGT that large numbers of Devotees bathe at this Holy Place on every Massya, Punya, Sangrand, Hola-Mohalla fair and during solar eclipse. The Sangat considers the water from here to be holy and fills it in the water bottles and takes it to their houses.

Hon. National Green Tribunal, New Delhi, taking notice of the serious allegations made in the present execution application by Applicant Ms Sunaina, Hon. Tribunal directed concerned authorities to look into the issue raised and take remedial action in accordance with law.

The Principle Bench of National Green Tribunal headed by Hon'ble Justice Adarsh Kumar Goel, also mentioned: 

However, we may give background of the earlier proceedings leading to order sought to be executed.
The Tribunal dealt with pollution of rivers and requirement of establishing waste water treatment facilities to prevent untreated waste water going to the rivers in the light of order of the Hon’ble Supreme Court in (2017) 5 SCC 326, Paryavaran Suraksha vs. Union of India, directing setting up of requisite STPs, ETPs, CETPs within the laid down timelines and requiring this Tribunal to monitor compliance.

The Tribunal had also taken suo motu cognizance of media reports that more river stretches are being added to list of critically polluted river stretches for which remedial action is required. In the course of proceedings, the Tribunal compiled data from all States/UTs and also constituted a Central Monitoring Committee comprising of CPCB, Ministry of Jal Shakti and MoEF&CC to interact with the Chief Secretaries of all States/UTs for continuous monitoring. The Tribunal itself interacted with the Chief Secretaries of all States/UTs on the subject and issued directions for ensuring that no untreated sewage or waste goes to the rivers. 

Vide order dated 22.02.2021, the proceedings in O.A No. 673/2018 and O.A No. 593/2017 were disposed of with following directions:-
“ 39. Our directions are summed up as follows:

(i) In the light of observations in Para 38 above, MoJS may devise an appropriate mechanism for more effective monitoring of steps for control of pollution and rejuvenation of all polluted river stretches in the country. The said mechanism may be called “National River Rejuvenation Mechanism” (NRRM) or given any other suitable name. NRRM may also consider the observations with regard to setting up of National/State/District Environment Data Grid at appropriate levels as an effective monitoring strategy.
(ii) Chief Secretaries of all States/UTs and PCBs/PCCs must work in mission mode for strict compliance of timelines for commencing new projects, completing ongoing projects and adopting interim phyto/bio-remediation measures, failing which compensation in terms of earlier orders be deposited with the MoJS, to be utilised in the respective States as per action plan to be approved by the NRRM. Other steps in terms of action plans for abatement of pollution and rejuvenation of rivers, including preventing discharge or dumping of liquid and solid waste, maintaining eflow, protecting floodplains, using treated sewage for secondary purposes, developing bio-diversity parks, protecting water bodies, regulating ground water extraction, water conservation, maintaining water quality etc. be taken effectively.

The process of rejuvenation of rivers need not be confined to only 351 stretches but may be applicable to all small, medium and big polluted rivers, including those dried up.

(iii) The Chief Secretaries of all States/UTs may personally monitor progress at least once every month and the NRRM every quarter.

(iv) Directions of this Tribunal in earlier order, the last being dated 21.9.2020 are reiterated.

(v) The NRRM and the Chief Secretaries of all the States/UTs may take into account the observations in Paras 24 to 38 above.

a. In view of discussion in para 38 above, it is made clear that accountability for failure to comply with the direction for payment of compensation will be of the concerned Chief Secretaries under Sections 25, 26, 28 and 30 of the NGT Act, 2010. The MoJS or any other aggrieved person will be free to take remedies by way of initiating prosecution or execution.”

The Tribunal is also interacting with the Chief Secretaries of all States/UTs on the issue of waste management in O.A No. 606/2018 and the Chief Secretary, Punjab has appeared before the Tribunal and order has been passed on 22.09.2022 for bridging gap in waste management in the State. For past failure, the Tribunal has levied compensation on ‘Polluter Pays’ principle. It is also clear from order dated 22.02.2021 that issue of River Satluj was specifically dealt with earlier vide order dated 22.01.2021 in O.A No. 916/2018, Sobha Singh &Ors. vs State of Punjab &Ors.. The Tribunal constituted a joint Committee which visited the site and monitored compliance for some time and thereafter, the matter was disposed of with following directions:-

The Tribunal had also taken suo motu cognizance of media reports that more river stretches are being added to list of critically polluted river stretches for which remedial action is required. In the course of proceedings, the Tribunal compiled data from all States/UTs and also constituted a Central Monitoring Committee comprising of CPCB, Ministry of Jal Shakti and MoEF&CC to interact with the Chief Secretaries of all States/UTs for continuous monitoring. The Tribunal itself interacted with the Chief Secretaries of all States/UTs on the subject and issued directions for ensuring that no untreated sewage or waste goes to the rivers. 

“17. Accordingly, as already directed earlier, the ownership of the issue may now be taken over by the Chief Secretary, Punjab who may, having regard to seriousness of the issue, affecting health and environment, personally monitor progress of compliance at least once in a month and also evolve an appropriate administrative mechanism to handle the grim situation. We may also note that the RRCs headed by Environment Secretaries in all the States/UTs have already been directed to monitor execution of action plans for the polluted river stretches on continuous basis. The RRC Punjab may also accordingly monitor execution of action plans for Sutlej and Beas rivers in continuation of 5th report of the Monitoring Committee, referred to above, subject to overall oversight of the Chief Secretary. The Chief Secretary while reviewing the status of various issues may focus on timely completion of the ongoing works. Quarterly reports be sent by the Chief Secretary to the CMC in terms of the order dated 21.09.2020 in OA 673/2018 which deals with the subject of restoration of 351 polluted river stretches, including the rivers in question.”
The Principle Bench of National Green Tribunal headed by Hon'ble Justice Adarsh Kumar Goel, also given the liberty to Adv. Sunaina/applicant to avail of remedy under Section 30 of NGT Act, 2010.( i.e. for prosecution for offence / for sentencing of respondents for offence under Section 30 of the National Green Tribunal Act, 2010)

However, having regard to the grievance in the present case, apart from liberty of the applicant to avail such remedies, we direct Chief Secretary, Punjab, Punjab State PCB and District Magistrate, Roopnagar to look into the issue raised and take remedial action in accordance with law. The Chief Secretary, Punjab may file an action taken report with the Registrar General of this Tribunal within one month. The Registrar General may place the matter before the bench, if found necessary. Subject to above, the Application is disposed of.