JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)

1. Heard the learned Counsel for the parties and perused the documents on record.

2. This Original Application has been filed by the Applicant seeking a direction to the respondents to clean the Senki/Pachin/Dikrong River. The allegation is that in various environment pollution assessments carried out over a period from 2009 to 2011 and 2018, it has been reported that there is considerable pollution and polluting effluents are flowing into the said river.

3. Photographs to that effect have also been filed at page 64 and 65 of the paper book.

4. Notices were issued to the Respondents for filing their counter- affidavits.

5. An affidavit has been filed on behalf of the Respondent No.3, Central Pollution Control Board enclosing a report on “River Stretches for Restoration of Water Quality” prepared by Central Pollution Control Board in February, 2015.

6. Since, the Report filed along with this affidavit of February, 2015 did not apply itself to the issue in question and also did not address the allegations made in the Original Application specifically with regard to the stretches of Rivers Senki, Pachin and Dikrong. The Tribunal directed the Respondent No.3 to file a fresh affidavit giving the view of the Central Pollution Control Board by the next date of listing.

7. The Respondent No.4, Arunachal Pradesh State Pollution Control Board, has also filed an affidavit, Annexure-A of which shows that the date of testing of the water samples was 26.11.2019 and this Report did not even indicate as to from where and from how many sites water samples had been collected and it also did not mention whether the samples had been collected from upstream and downstream of the rivers Senki, Pachin and Dikrong.

8. Annexure-B at page no. 416 of the paper book, filed by Arunachal Pradesh State Pollution Control Board is a report of inventorization of Sewage Treatment Plant (in short ‘STP’) of 30.06.2020 which is almost one year before the filing of this Original Application and it is reported that only two Sewage Treatment Plants (STPs) will be commissioned by December, 2021 covering the entire stretch of 145 Km.

9. This Report was found to be extremely sketchy and unreliable and inadequate considering the considerable stretch of the rivers concerned and the level of pollution present. The Tribunal therefore directed the Arunachal Pradesh State Pollution Control Board to file a fresh affidavit after taking fresh samples of water from upstream and downstream of the rivers in question at various places, and based on the level of pollution found, propose the number of Sewage Treatment Plants (STPs) that would be ideally required to keep the entire water stretch pollution free. The Tribunal also directed the Arunachal Pradesh State Pollution Control Board to consider whether in the entire stretch of 145 Kms., two STPs would suffice and if not, what steps have been taken by the Arunachal Pradesh State Pollution Control Board for setting up more STPs.

10. The Tribunal also directed that the affidavit of the Arunachal Pradesh State PCB shall also identify the polluters and state clearly what action has been taken against the polluters. It shall also make an assessment of the damage caused to the environment and the monetary value of such damage so that the cost may be recovered from the polluters and it shall also indicate what remedial action has to be taken with regard to the cleaning of the three rivers.

11. An affidavit dated Nil from page nos.417-458 of the paper- book, has been filed by Respondent No.4, Arunachal Pradesh State Pollution Control Board apparently in terms of the order of this Tribunal dated 13.04.2021. The relevant extract of the affidavit is reproduced herein below: -

• The Arunachal Pradesh State Pollution Board (APSPCB) jointly with Central Pollution Control Board (CPCB), Shillong collected water samples of Senki river, Pachin river and Dikrong river on 22 June, 2021. The water samples were collected from the following five locations:

1) Senki river (upstream of Itanagar city), near TCL general ground, Senki Park.

2) Senki river (downstream of the Itanagar city at Chimpujullang bridge point).

3) Pashin river (upstream of Naharlagun city & downstream of Itanagar city), D-Sector, near hanging bridge, Naharlagun.

4) Dikrong river (downstream of Naharlagun city and downstream of Pachin river), near GB residence, Nirjuli.

5) Lagun Nala at lagun bridge point, Naharlagun city.

• The samples were analysed in the laboratory of CPCB, Shillong as the water laboratory of the APSPCB has been upgraded recently.

• As per the report, the BOD values is lower than 2 mg/I and DO values is above 6 mg/I in all the sampling locations. As per the values of pH, BOD and DO of samples analyzed, the water quality at the river stretches fall under Class A Category (designated best use water quality) as per CPCB criteria.

• The APSPCB has earlier furnished report on Sewage Treatment Plant before the Hon’ble NGT, based on information produced by the Department of Town Planning, Government of Arunachal Pradesh stating construction of 2 nos. of Sewage Treatment Plant (STP) in Itanagar (1MLD) and Naharlagun (3MLD).

• However, during the visit with officials of CPCB and Itanagar Municipal Council (IMC) it was observed that the proposed plant at Chimpu, Itanagar is a Septage Management Plant having capacity of 100 KLD and not a Sewage Treatment Plant. One Sewage Treatment Plant will also be required to treat the sewage generated from Itanagar city having a population of around 59,490 (2011 census).

• The team also visited the proposed site of STP located near Helipad at Naharlagun, which has a designed capacity of 3MLD and shall not be sufficient to treat the sewage generated from Naharlagun city, having a population around 36,158 (2011 census).

• APSPSB is of the opinion that there should be adequate provisions for treatment of sewage in Itanagar, Naharlagun, Nirjuli and Banderdewa to prevent water pollution of Dikrong river stretch having 44.4 KM length in the Itanagar Capital Region (as per information received from Department of State Remote Sensing Application Centre).

• Accordingly, APSPSB has written to the Commissioner, Itanagar Municipal Council and Secretary, Urban development to keep provision for additional one (01) Sewage Treatment Plant (STP) at Itanagar and Naharlagun and one (01) new STPs each at Nirjuli and Banderdewa, for proper treatment of sewage waste generated to prevent pollution in Senki-Pachin-Dikrong river stretch.

• The Government of Arunachal Pradesh is constructing one (01) Septage Treatment Plant of 1MLD capacity in Chimpu, Itanagar and one (01) Sewage Treatment Plant (STP) of 3MLD capacity near helipad, Naharlagun.

• The APSPCB has been making continuous efforts by way of issuing letters to all the authorities for implementation of Solid Waste Management Rules 2016. Plastic Waste Management Rules 2016, Biomedical Waste Management Rules 2016 etc.

• The APSPCB has written letter to the Itanagar Municipal Council (IMC) for implementation of Solid Waste Management Rules 2016 and to obtain consent from the Board.

• Letter has been issued to all the Deputy Commissioners for issue of necessary direction for installation of Effluent Treatment Plant (ETP)/Sewage Treatment Plant (STP) in all the health care facilities, hotels/restaurants in the matter of OA. 673 of 2018.

• The APSPCB adopted the Environmental Compensation regime on 15.02.2021 and wide circulation have been made by this office through print media and other social media for information of all the stakeholders.

• In addition to this, recently the APSPCB have also issued notices to all health care facilities, hotels, and automobile servicing centers in the Itanagar Capital Region (ICR) for installation of ETPs and STPs in their unit as well as to those units who have not obtained consent from the Board.

• Notices were served to all the polluting industries in the Itanagar Capital Region (ICR) for bringing them under uniform consent mechanism, and installation of ETPs/STPs which includes the Health Care facilities.

• Environmental Compensation Charges were levied on the hotels and automobile servicing centers located within the Itanagar Capital Region for the damages cause to the water bodies by non-installment of ETPs/STPs by the industrial units.”

12. It is also necessary to reproduce the extract of the affidavit filed by the Respondent No.3, Central Pollution Board dated 21.07.2021 which reads as under: -

“Inspection Report 5.0-View/Comments

i. The sewage generated in Itanagar city is flowing untreated to the Senki-Pachin stretch of the river downstream of Senki. Similarly, the untreated sewage from Naharlagun area is being discharged into the Pachin river. It may be noted that the same river stretch under reference has various names, viz. Senki, Pachin and Dikrong as it flows downstream from Senki to Dikrong before flwoing into Assam.

ii. The Itanagar Municipal Corporation (herein after referred as IMC), which is responsible for management of solid wastes and sewage in Itanagar and Naharlagun cities, fails completely to comply with the provisions of the Solid Waste Management Rules, 2016 and Bio-Medical Waste Management Rules, 2016. In fact, the civic body is found to be least bothered to comply with the Rules and it is even found mixing the COVID-19 waste with the other solid wastes before dumping in a hill slope without any treatment. The civic body is allowing burning of solid wastes including plastic wastes in front of commercial establishment like automobile workshops, public park, etc. It also fails to restrict the dumping of solid wastes directly into the river at Itanagar and Naharlagun.

We pray that the Hon’ble Tribunal may include IMC a respondent in the case.

iii. APSPCB shall be more pro-active to bring all the industries including automobile workshops, hotels and health care facility (HCFs) under their consent mechanism. The State Board shall implement the provisions of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 with respect to the polluters as cited. Central Pollution Control Board already categorized the various industries into Red/Orange/Green & White categories and directed the SPCBs to bring the industries under uniform consent mechanism.

iv. APSPCB, being the prescribed authority for bio-medical wastes management in the State, shall enforce the provisions of the Bio-Medical Waste Management Rules, 2016 in the entire State.

v. At present, the environmental laboratory of APSPCB is not equipped fully with instruments and manpower. The laboratory shall be developed to analyze the water, effluent quality parameters as well as emission parameters. The river water quality should be monitored by the State Board on monthly basis.

vi. As per the provisions of the Solid Waste Management Rules, 2016, Itanagar Municipal Corporation (IMC) should be authorized by the APSPCB for solid wastes management. IMC should apply to the SPCB for the authorization. It is observed that neither IMC is applying for authorization to the SPCB nor APSPCB is taking any action against IMC for violation of the provision of the SWM Rules, 2016. As already stated IMC is showing total disregard to the provisions of the applicable environmental laws regarding management of solid wastes including bio-medical wastes generated in Itanagar and Naharlagun.

It is further submitted that, besides the inspection report; the state Government and APSPCB need to fully comply with the Directions of CPCB as mentioned in annexures 2, 3, 4, 5 and Orders of Hon’ble Courts with regards to the Sewage Management, Solid Wastes Management, Bio-Medical Waste Management and Management of Waste Generated during Treatment/Diagnosis/Quarantine of COVID-19 Patients.

It is respectfully submitted that APSPCB should fully operate/monitor (with required parameters) the already sanctioned NWMP stations in Pachin and Dikrong stretches in Arunachal Pradesh.”

13. Neither of these two affidavits mentioned as to what action has been taken against the Itanagar Municipal Corporation or against the Hotels, Restaurants and other commercial establishments particularly when the pollution being caused in the three Rivers namely, Senki, Pachin, Dikrong are admitted in the affidavit of the Arunachal Pradesh State Pollution Control Board. It was also not indicated as to what action has been taken when it is an admitted position that at Chimpu, Itanagar there is only a Septage Management Plant having a capacity of 100KLD and not a Sewage Treatment Plant. So far as Helipad at Naharlagun is concerned, it is mentioned that the STP has a designed capacity of 3MLD which is not sufficient to treat the sewage generated from Naharlagun City. It was also not indicated as to what remedial action has been taken for treatment of sewage being generated.

14. In this affidavit, it is also mentioned that adequate provisions for treatment of Sewage in Itanagar, Naharlagun, Nirjuli and Banderdewa which is 44.4 KM length of Dikrong River in the Itanagar Capital Region to prevent water pollution, have not been taken but the two affidavits are silent about remedial steps in this regard. It has also not been mentioned whether the environmental compensation has been determined against the defaulting units, its quantity and the remedial action proposed to be taken.

15. Mr. Ashok Prasad, learned Counsel for State Respondents stated on 07.09.2021 that an Action Taken Report on behalf of the State Respondents is under preparation and would be filed within one week.

16. One counter-affidavit dated 12.10.2021 has been filed by Respondent No.2, Member Secretary, Environment Monitoring Cell, Government of Arunachal Pradesh, Itanagar, bringing on record theion Plan 2021-25 for Municipal Solid Waste Management under Itanagar Municipal Corporation. In this affidavit, it is stated as follows: -

(a) The Government of Arunachal Pradesh has approved the Solid Waste Management Action Plan 2021-25 for Itanagar Municipal Capital Region at a projected cost of Rs.1200.00 lakhs and Rs.300.00 lakhs for Pasighat Municipal Council. The fund amounting to Rs.1500.00 lakhs has been allocated to the Department of Town Planning and Urban Local Bodies during current financial year 2021-22. The Action Plan is aimed to meet 100% waste collection of the Itanagar city.

(b) To mitigate the solid waste management problems of the Itanagar township, Govt. of Arunachal Pradesh has sanctioned an amount of Rs.612.00 lakhs as first instalment for Solid Waste Management Processing Plant under the 14th Finance Commission Grants. The fund has been released to Itanagar Municipal Corporation. Thereafter, the Itanagar Municipal Corporation has already identified the new Municipal Solid Waste Plant site for Itanagar township far from NH-415 and as on date, the survey and investigation works are under way. As for Naharlagun, Nirjuli, Banderdewa and adjoining areas, a separate site has been identified at Karsingsa. The proposed site has been recommended by the Committee constituted by the District Administration for the purpose. The Govt. of Arunachal Pradesh has approved the project proposal of Rs.600.00 lakhs as submitted by Itanagar Municipal Corporation. An amount of Rs.80.00 lakhs has already been released to Itanagar Municipal Corporation and an amount of Rs. 346.00 lakhs have been allocated to the department during current financial year 2021-22. Proposal has been submitted to the Finance Department for obtaining Administrative Approval and Concurrence.

(c) It is further stated that the municipal solid waste collected from the Itanagar Capital Region are disposed of at the designated site at Chimpu, Itanagar by the Itanagar Municipal Corporation and the dumping of municipal solid waste into rivers Senki, Pachin and Dikrong is not practiced by any of the Urban Local Bodies, Govt. Agencies or operators. However, throwing of domestic waste into the said rivers might be practiced by individual at their own will. However, to control the pollution, directives have been issued to citizens by the State Government from time to time such as order dated 08.04.2019 issued for source segregation and storage of waste into three separate bins and in compliance of National Green Tribunal order dated 02.05.2019 passed in Original Application No.606/2018, the Govt. of Arunachal Pradesh vide order No.FOR- 129/E(A)/2019/12713-60 dated 16.07.2019 has banned manufacturing, stocking, sale and use of plastic with less than 50-micron thickness in the State.

(d) With regard to Bio-Medical Waste, it is stated that Bio- Medical Waste is managed by the Department of Health Services, Govt. of Arunachal Pradesh. The Bio-Medical Waste generated in the Itanagar city contains, 15% as infectious, 5% as Bio-hazard and 80% as non-infectious common waste. During the Pandemic, this pre-treated common waste is collected by Itanagar Municipal Corporation and the rest of 20% is disposed of in suitable pits as per Bio-Medical Waste Management Rules, 2016 and as per Revised Guidelines for Handling, Treatment and Disposal of Waste Generated during Treatment/Diagnosis/Quarantine of COVID-19 Patients dated 21.07.2020 issued by Central Pollution Control Board (CPCB). All Health Care Facilities are following the Bio- Medical Waste Management Rules, 2016 and a District Level Monitoring Committee has been constituted in all the districts to monitor the Bio-Medical Waste Management under the Chairmanship of Deputy Commissioner. Moreover, the incinerator (Wet Scrubbing System, capacity 50 Kg per hour) has been procured from Arunachal Pradesh Chief Minister Relief Fund (CMRF). The civil works and commissioning of the project will be done very soon at Municipal Solid Waste Plant, Chimpu, Itanagar. The project will cover all the health care facilities located within the Itanagar-Naharlagun Capital Region for disposal of Bio- Medical Waste.

(e) With regard to construction material waste and dumping of soil, it is stated that lots of construction materials/debris/bricks, etc. are kept along the sides of National Highway and Sector Road within the jurisdiction of Itanagar Capital Region which is causing unnecessary inconvenience to the pedestrians as well as vehicles. The illegal debris that stack along the road side causes accidents and also causes frequent congestion on the National Highway and Sector roads. This stock of debris is not only spread along the road side, narrowing the road/pathway, but also fills up the natural Nallah causing floods during the rainy season. In order to control and prevent the illegal stock of debris/construction materials etc. along the road side of Highway and Sector road, the Deputy Commissioner, Itanagar Capital Complex has issued appropriate order on 30.04.2021.

(f) It is further stated that in the matter of Shri Joram Paro & 36 others regarding illegal construction work at Chengi (Senki) river between Ganga village and Chandranagar town (Forest Colony); after site verification, examination of all the documents in hand and hearing of the parties along with the witnesses, the Court of ADM, Executive Magistrate taking cognizance of the matter under Section 133 Cr.P.C for public nuisance has passed the following order dated 26.08.2019: - (1) The quarrying of stones and boulders by the opposite party without any permission from the Competent Authority is illegal and it should be stopped with immediate effect in the stretch along the upstream and downstream of the said Chenghi (Senki) River. Also, it is ordered that, no other person shall carry out any quarrying activities in the Chengi river.

(2) As agreed by the dwellers in the area, the opposite party may construct retaining wall in his allotted plot in order to protect the same from soil erosion but not beyond his allotted plot.

(3) The opposite party shall arrange and bring the boulders/stones in its original position within 7 (Seven) days from the receipt of this order.

(4) The OC Police Station, Itanagar is required to stop the quarrying activities in the said river and same shall be informed to this Court in the event of arrest if made for the violation of this order.

(5) The opposite party shall submit the action taken report accordingly to this Court.

(g) The affidavit further states that a complaint was received from Commandant, 1st AAP Bn, Chimpu, vide letter dated 04.11.2020 by Deputy Commissioner, Capital Complex on which the District Level Task Force had conducted a joint site inspection at Chimpu, Itanagar by 1st AAP Bn, BHQ on 29.01.2021 in connection with the above-mentioned complaint of illegal mining in the river bed of Chimpu along with the representatives of 1st AAP Bn, BHQ (complainant). The finding of the Board members are as follows:

(1) The Board has found that, there was no illegal mining but instead of that there were illegal construction of RCC retaining wall along river bank encroaching the river bed. Because of this situation, there is possibility of diverting the river course towards 1st AAP Bn, BHQ side.

(2) After enquiring from local residents, the Board has come to know that the following persons are involved in the illegal construction of RCC retaining wall.

i. Smt. Napu Pordung

ii. Shri Kabak Tacho

iii. Shri Jamru Tai

iv. Shri Joram Tubin

v. Shri Roju Pordung & others Recommendation of Board are as under: -

(1) The Board has recommended that every individual found indulging in the illegal construction of ongoing work be served notice to produce necessary documents like land allotment, LPC, mining permits etc., NOC if any.

(2) If they fail to do so, then the ongoing work be stopped till further order.

(3) As the construction of RCC retaining wall is in the vicinity of firing range of 1st AAPBn, authority may issue prohibitory order against illegal construction and mining in and around the 1st AAP Bn firing range.

(4) If any scheme for protection of the river bank is to be carried out, then the constructed structure should not encroach the river bed and disturb the river course.

The matter had been taken under Section 133 Cr.P.C. and the above-mentioned persons involved in the illegal construction of RCC retaining wall were directed to stop the construction work. The OC Police Station Itanagar was directed to take appropriate action to execute the above direction immediately.

(h) With regard to the illegal earth cutting, the following actions were taken which are stated in the affidavit and read as under: -

(a) It has been found that several unauthorized Earth cuttings are going on, on the slope side of Eastern & South-Eastern parts of the State Guest House, Itanagar. Such indiscriminate earth cutting is disturbing the slope of the land, being sandy soil and if not stopped, could induce massive landslide during the heavy monsoon season thereby endangering the human/property and other lives settled in the valley down below. In order to stop the illegal and unauthorized earth cutting within the Capital Complex, specially, in and around the State Guest House, the Deputy Commissioner-cum-District Magistrate, Itanagar Capital Region directed the ADM- cum-CEO, Itanagar Capital Complex to stop the illegal earth cutting and also to evict the unauthorized occupants from the said area. In the meantime, the EAC, Itanagar and LO to DC, ICR were also directed to coordinate and provide logistic and other assistance to the ADM-cum-EAC during the process of stopping illegal earth cutting and unauthorized constructions.

(b) A report was received from the Executive Engineer, Naharlagun Highway Division, PWD, Nirjuli, vide letter dated 01.06.2021 stating that due to illegal earth cutting activities along the NH-415, slushy mud has covered the road surface of NH-415 at-

1. Smt. Nikia Yana (Chainage-25+700 km)

2. Shri Bamang Doro (Chainage-25+350 km)

3. Shri Tayor Tache (Chainage-25+350 km)

4. Shri Tagru Taha (Chainage-25+550 km)

5. Shri Sorang Takup (Chainage-25+350 km)

Due to such illegal earth cutting activities, the culverts have been choked and further, such activities shall damage the road formation width. In order to stop and to prevent such types of illegal earth cutting, the Deputy Commissioner-cum-District Magistrate, Itanagar Capital Complex, issued order under Section 133 Cr.P.C., vide No.DC/1CC/JUD-01/2021, dated 02.06.2021.

(c) It has been found that rampant Earth cutting is going on at various locations at Itanagar, Naharlagun, Nirjuli and Banderdewa of Itanagar Capital Region. Whereas, such illegal earth cutting has induced landslides/mudslides leading to blockage/damages of Right of Wat (ROW) on the NH-415 and other Sector roads and there is need to take early action to avoid any untoward incidents which may cause obstruction and threat to the life and property of the citizens, Prohibitory order was issued, under Section 133 Cr.P.C. R/w Sections 30 (1) and 34 of Disaster Management Act, 2005, vide its No. DWICC/DDMA- 01/2021/1116 dated 07.06.2021 and it was directed that:

1. Earth cutting in the Capital Region is banned till further order, vide No.DC/1CR/JUD-01/2019 dated 11.05.2021.

2. In case of any exigency, NOC/permission should be mandatorily obtained from the DC, ICC, Itanagar for special exemption for such earth cutting.

3. The JCB/Excavator operators shall obtain NOC from Circle Officer Itanagar/Naharlagun and Banderdewa to obtain POL item from any Depot. No Oil Depot Manager/Owner should give POL items to above heavy earth cutting vehicles without such permission from the CO, Itanagar/Naharlagun and Banderdewa.

4. The EAC, Itanagar/Naharlagun, CO Banderdewa and Police have been directed to implement the said order in letter and spirit on the ground.

(i) (a) It has been noticed that several unauthorized and illegal street vendors are mushrooming within the Itanagar Capital Region. The illegal vendors are not only carrying out illegal vending activities but have also erected/constructed temporary structures along the roadside. The vendors neither maintain hygiene nor dispose the waste materials properly and consequently spread the waste material/garbage along the roadside, near market area or throw the same directly into the drains. Due to these illegal activities, the pedestrians face difficulties while passing through the pathway and due to such illegal activities, the waste material/garbage is causing several ailments and connected diseases and also produce lots of unwanted odour and pose danger to animals as well as human beings. In order to control and prevent such illegal activities and unhygienic management disposal of waste produces and garbage by the vendors, order under Section 133 Cr.P.C. for removal of public nuisance was issued by the Deputy Commissioner, Itanagar, vide Order No. DM/ICR/01/2020 dated 15.09.2021 and directions were issued to the concerned party to vacate the illegal vending activities.

(b) On receipt of report regarding the illegal earth cutting at Nirjuli area by one Shri Md. Arse Alom, Folkland Driver and the owner of land plot Shri Taba Kamin, GB, Nirjuli, the Deputy Commissioner, Itanagar Capital Complex lodged a formal complaint before the OC, PS Nirjuli. Both the culprits were arrested under Section 188, R/w Section 151 Cr.P.C. and produced before the Court of District Magistrate. During the hearing, the land owner Shri Taba Kamin and Md. Arse Alom, Driver, Folkland tendered apology for using excavator without prior permission from the Competent Authority. Since, the offence in hand was committed for the first time by both the culprits, the Court took a lenient view and condoned their first mistake, vide its order No. ITA PA NON- FIR CASE NO. 12/21, dated 13.09.2021 and warned them not to commit the same in future, failing which strict action would be initiated against them. At the same time both the first-time culprits were released after being bound under Section 107 Cr.P.C. for maintaining good behavior for a period of 6 (six) months.

(j) With regard to illegal erection of toilet,

(a) Complaint was received against several individuals of Barapani area regarding the erection of illegal and unhygienic open toilet, the residents in around Takar Complex Colony/SIB Colony, Barapani erected toilet and kept the outlet open without maintaining proper disposal of the same. Due to illegal activities, lots of unwanted substances, including human excreta was kept in the open spreading various diseases. Such unhygienic toilet not only spread numerous diseases but also produced unbearable odour and goes directly into the river posing danger to aquatic life. In order to control and prevent the illegal erection of open toilet, an Order under Section 133 Cr.P.C. vide order No. CEO/ICC/DAD-OOI/2016, dated 03.02.2016 was issued by the Additional District Magistrate, Itanagar Capital Complex to 18 individuals of Barapani area who were directed to remove the same within 7 days.

(k)

(a) It is further stated in the affidavit that Itanagar receives rainfall in the range of 400-1000 mm, highest in the month of July. The study report produced by the Petitioner showed that water quality analysis for 6 (six) locations were carried out in the month of July, 2018. The said analysis might have been conducted when the river water was muddy due to rainfall. Moreover, the report is old being of the year 2018 which is not considerable now as many restrictions have been imposed by the concerned authority thereafter.

(b) With regard to Bio-Medical Waste Management, it is to inform that the Sewage Treatment Plant of Tomo Riba Institute of Health & Medical Sciences (TRIHMS) Hospital, Naharlagun has been made functional since March, 2021. There is also deep burial pit and sharp pit which are functional for biomedical waste and sharp objects.

(c) With regard to liquid domestic waste disposal, there are about 35 (Thirty-Five) villages/rural habitations in the area along the Senki, Pachin and Dikrong river stretch. The hygienic and sanitation aspects of villages/rural habitations are being taken care of under the Swachh Bharat Mission Grameen (SBMN G) by the Public Health & Engineering Department (PHED) Govt. of Arunachal Pradesh. Accordingly, Open Defecation Free (ODF) status of all these villages along the said river stretch has already has been attained by 2017, 02 (Two) years ahead of the national target i.e., 2019 under SBM (G) Phase-I. To sustain the ODF status beyond 2019 through behavioural change, construction of Individual Households Latrines (IHHL) for newly emerged households and retrofitting of insanitary toilets under SBM (G) Phase-II has been approved by the Union Cabinet in February, 2020 with the focus on Solid & Liquid Waste Management (SLWM) in order to achieve ODF Plus status for all villages across the country by 2025.

Under Solid Waste Management, individual/community compost pits for biodegradable waste and collection centre for non- biodegradable waste (plastic) for feeding to Plastic Waste Management (PWM) unit at Block HQ are planned during the 05 (Five) year period of SBM (G) Phase-II programme in the State. Similarly, individual/ community soak pits with drainage to take care of grey water from the rural households are incorporated in the 05 (Five) year plan and is being implemented phase-wise. In this direction, massive awareness/capacity building for all the stakeholders, mainly village community and PRIs, are being undertaken through various IEC & community mobilization activities for their active involvement and participation.

(l) With regard to Slaughter House, the Ministry of Food Processing Industries (MoFPI), Government of India has sanctioned construction of Modern Abattoir at Chimpu, Itanagar. The estimated cost of the Modern Abattoir is Rs.1632.33 lacs of which 1019.19 Lacs is Central Assistant (62.5%) and Rs.612.41 is State share (37.5%).

The physical progress so far is 50% and financial progress is 37%. After completion of the project, all the road side and river side slaughtering of animals will be strictly restricted within the jurisdiction of Itanagar Municipal Corporation.

(m) With regard to discharge of the Industrial effluents, under Department of Industries, Govt. of Arunachal Pradesh; all licenses for use of a premise as factory is granted or renewed by the Director of Industries-cum-Chief Inspector of Factories and Boilers, Department of Industries, Govt. of Arunachal Pradesh subject to the provisions of Factories Act, 1948 and the Rules made thereunder, only after obtaining prior consent order from the Arunachal Pradesh State Pollution Control Board (APSPCB) to establish and operate factory in the premises.

(n) With regard to construction of Sewage Treatment Plant, (a) It is also stated that construction and laying of sewerage network in Arunachal Pradesh as a whole and Itanagar town in particular is technically very difficult due to the undulating terrain. However, to dispose of sewage/sludge waste, the State Government has approved the 100 KLD capacity Sewage Treatment Plant (STP) along with 72 centrally located Septage tanks for Itanagar town. This STP of 100 KLD capacity will cater to almost 27,000 households (approx. 100%) and is being funded under the Atal Mission for Rejuvenation and Urban Transformation (AMRUT) Scheme.

(b) Moreover, as a pilot project, the State Government has approved for setting up of 1 (one) Sewerage Treatment Plant with sewerage networking for a capacity of 3.0 MLD at Naharlagun which will cater to 4000 households in the first phase. If this pilot project is successful, such Sewerage Treatment Plants shall be replicated in other technically feasible areas of the City and other towns of the state.

(c) These works were awarded during 2019 through e-tender.

The projects are being implemented by the Itanagar Municipal Corporation. The work is under progress and completion target was March, 2021 but got delayed due to COVID-19.

(d) Itanagar Municipal Corporation has started the work for construction of both the STPs at Itanagar and Naharlagun. Officers of APSPCB along with officers from Central Pollution Control Board, Shillong have visited the STP site at Naharlagun in a joint inspection held during 21-22 June, 2021 to assess the status and adequacy of the STPs and have suggested Itanagar Municipal Corporation to have one more STP for Itanagar and Naharlagun each to mitigate the river pollution.

(e) As suggested, the additional plant at Itanagar and Naharlagun have been envisaged under Swachch Bharat Mission (SBM) 2.0 and the state Government has already written a letter to the Urban Local Bodies for submission of Detailed Project Report (DPR) of STP and Septage Management Plant.

The State Government shall file Compliance Report of Action Taken in respect of the various heads under which action is proposed as stated in its counter-affidavit dated 12.10.2021. The affidavit of compliance and Action Taken including timelines for completion of Projects shall be filed positively by 31.10.2022.

17. One affidavit dated 18.01.2022 has been filed by Respondent No.5, Itanagar Municipal Corporation, it is stated therein that 100 KLD capacity of Sewage Treatment Plant along with centrally located Septage Tanks for Itanagar Town have been approved. It is also stated that one Sewage Treatment Plant of 100 KLD with sewerage networking capacity of 3.0 MLD is coming up at Naharlagun which will cater to 4000 households in the first phase. The only reason for delay in implementation of STPs is COVID-19. It is also stated that work for construction of both the STPs at Itanagar and Naharlagun has been started by the Corporation under the Atal Mission for Rejuvenation and Urban Transformation (AMRUT) Scheme.

18. Mr. Likha Tejji, Municipal Commissioner, Itanagar Municipal Corporation, who appeared in person in the Court informed that 70% of the construction work has been completed, though this fact has not been stated in the affidavit.

19. The Respondent No.4, Arunachal Pradesh State Pollution Control Board has also filed an affidavit dated 09.05.2022 giving the names of Hotel Units which have deposited Environmental Compensation. Paragraph 12 of the affidavit reads as under: -

“Para No.12 : (i) It is to submit that as per the direction of the Hon’ble National Green Tribunal, Principal Bench, New Delhi, the APSPCB has issued show cause notice to 54 (fifty four) units for operating without ETP/STP.

(ii) In compliance with the show cause notice issued by APSPCB, ETP/STP has been installed by 7 (seven) units.

The list of the units are as below:

Sl. No.	Name of the Unit	Address
1.	RK Mission Hospital	Itanagar
2.	Devyani International (KFC)	Itanagar
3.	Devyani International (KFC)	Naharlagun
4.	Hotel Tosum	Naharlagun
5.	Hotel Arun Subansiri	Itanagar
6.	Iconic Automobile (Automobile Servicing Station)	Naharlagun
7.	Camdir Toyota (Automobile Servicing Station)	Naharlagun

(iii) Direction was issued to 32 (thirty-two) units [25 (twenty-five) hotels and 7 (seven) automobile workshops/garages] located within the Itanagar- Naharlagun capital region to deposit Environmental Compensation Charges (ECC) for failure to install Effluent Treatment Plant / Sewage Treatment Plant in their respective units.

(iv) In compliance to the direction of APSPCB, 17 (seventeen) nos. of units have deposited the ECC. The list of the units and amount deposited are as below:

Sl. No.	Name of the unit	Address	EC deposited (Rs.)
1.	Hotel PYBSS	Itanagar	43,750/-
2.	Hotel Dawnland	Itanagar	43,750/-
3.	Hotel Pine Ridge	Itanagar	26,250/-
4.	Hotel Blue Pine	Itanagar	43,750/-
5.	Hotel Arun Subansiri	Itanagar	26,250/-
6.	Hotel Todo	Itanagar	43,750/-
7.	Hotel Tosum	Naharlagun	26,250/-
8.	Hotel River View	Naharlagun	26,250/-
9.	Hotel Rising Sun	Naharlagun	47,750/-
10.	Hotel Nemko	Naharlagun	43,750/-
11.	3D Hotel	Itanagar	26,250/-
12.	Hotel Toya	Naharlagun	26,250/-
13.	Tsangfo Hotel	Itanagar	43,750/-
14.	Hotel Greenland,	Itanagar	26,250/-
15.	Ato Ayo Hotel	Itanagar	26,250/-
16.	Hotel Achi Ama	Naharlagun	26,250/-
17.	Neni Hyundai (Automobile Servicing station)	Itanagar	43,750/-
Total Rupees			5,90,250/-

(v) The remaining units have not deposited ECC and failed to comply. Therefore, APSPCB has initiated action against the non-complying units for filing a case before the Hon’ble Chief Judicial Magistrate, Yupia, District Papum Pare, Arunachal Pradesh under section 49 of Water (Prevention& Control of Pollution) Act, 1974 and section 43 of Air (Prevention & Control of Pollution) Act, 1981 read with section 190 of Criminal Procedure Code, Act. 1973.”

20. This affidavit shows that out of 32 units i.e., 25 Hotels and 7 Automobile Workshops/Garage, only 17 Units have deposited a total sum of Rs. 5,90,250/- (Rupees Five Lakhs Ninety Thousand Two Hundred Fifty) by way of Environmental Compensation and 7 Units have installed ETP/STP.

21. Annexure-2 (page no. 710 of the paper book) to this affidavit, mentions that show cause notices have been issued to 25 Hotels, 22 Automobile Workshops/Garage and 6 Hospitals, which are operating without STP/ETP. The total figure of these Hotels/ Automobile Workshops/ Garage/ Hospitals comes to 53. However, what action has been taken against these Non-Compliant Units apart from issuing of show cause notices was not stated in the affidavit. The Tribunal therefore, directed the Arunachal Pradesh State Pollution Control Board to file another affidavit showing action taken against Non-Compliant Hotels/Automobile Workshops / Garage / Hotel Units in a tabular form.

22. The Municipal Commissioner also placed before the Tribunal letters dated 09.05.2022 and 22.04.2022 addressed to the Director, Department of Town Planning & Urban Local Bodies, Itanagar, requesting that the Grant-in-Aid be enhanced from 1.78 crore to 6.00 crore to meet the management of garbage and sanitation in the Municipality. The letters dated 09.05.2022 and 22.04.2022 have been taken on record and are treated as part of the record.

23. Mr. Ashok Prasad, learned Counsel for State Respondents was also directed to examine this aspect of the matter with regard to the request of the Itanagar Municipal Corporation for Grant-in-Aid and file affidavit of the Chief Secretary, Government of Arunachal Pradesh but till date the affidavit has not been filed and considering that more than three months have passed, we are not inclined to grant any further time to the State Respondents for filing affidavit.

24. The Respondent No.4, Arunachal Pradesh State Pollution Control Board has also filed another affidavit dated 08.07.2022 which only brings on record certain closure orders which have been passed and direction for disconnection of electricity has been issued but whether electricity has been disconnected or not in the non- compliant Hotels Units/ Automobile Workshops / Garage has not been mentioned. It is also noticed that Environmental Compensation of Rs.75,00,000/- (Rupees Seventy-Five lakhs only) has been determined and ordered against the Itanagar Municipal Corporation vide order dated 30.07.2021 followed by reminder dated 07.07.2022 but there is nothing on record to show whether this amount has been deposited by the Itanagar Municipal Corporation.

25. An additional affidavit dated 11.08.2022 has been filed by Respondent No.4, Arunachal Pradesh State Pollution Control Board, stating therein that closure orders with disconnection of electricity has been issued vide order dated 06.07.2022 against the 47 defaulting units (Hotels 20, Automobile Workshops 25 and Health Care Facilities 02) for violation of Section 25/26 of the Water (Prevention & Control of Pollution) Act, 1974 and for their failure to install Effluent Treatment Plant (ETP)/Sewage Treatment Plant (STP) for treatment of waste water generated from their units before discharging it into the environment, copies of the closure orders have been filed as Annexure-1 (Colly) filed with the affidavit.

26. This affidavit however does not indicate whether electricity to the non-compliant Hotels/Units has been disconnected or not although the affidavit was sworn on 11.08.2022 and more than one month and ten days have passed from the date of passing of the order dated 06.07.2022 and this information ought to have been provided by the Arunachal Pradesh State Pollution Control Board in its affidavit.

27. It is also stated that Show-Cause Notices have been issued to 59 non-complaints Units (Hotels & Restaurants 27, Automobile Servicing 07 Repairing Centre (Automobile Workshop) 26 and Health Care Facilities 06) for causing river water pollution of three rivers namely Senki, Pachin and Dikrong.

28. It is further stated that out of 27 Hotels and Restaurants, Environmental Compensation charges have been imposed against 25 hotels but only 18 hotels have deposited the Environmental Compensation charges and out of 26 Automobile Workshops, Environmental Compensation charges have been imposed against 07 Automobile Workshops out of which only 01 Automobile Workshop has deposited the Environmental Compensation. The details of Hotels & Restaurants, Automobile Servicing & Repairing Centres and Health Care Facilities located in the Itanagar Capital Region as given in the affidavit are extracted herein below: -

The Arunachal Pradesh State Pollution Control Board shall file affidavit of compliance with regard to steps taken for disconnection of electricity and steps taken for recovery of Environmental Compensation against the defaulting Hotels & Restaurants, Automobile Servicing Repairing Centre (Automobile Workshop) and Health Care Facilities which have not yet deposited Environmental Compensation by 31.10.2022.

29. As regards Environmental Compensation of Rs.75,00,000/- (Rupees Seventy-Five lakhs only) imposed against the Itanagar Municipal Corporation for failure to set up Sewage Treatment Plant (STP) by 31.03.2020, it is stated that a case is being filed before the Chief Judicial Magistrate, Yupia Bench, District Papumpare, Arunachal Pradesh, for recovery of Environmental Compensation charges under the Bengal Public Demands Recovery Act, 1913. The Arunachal Pradesh State Pollution Control Board is directed to file affidavit of compliance with regard to steps taken against the Itanagar Municipal Corporation for recovery of Environmental Compensation of Rs.75,00,000/- (Rupees Seventy- Five lakhs only) by 31.10.2022.

30. The Tribunal further observed that in terms of the directions of the National Green Tribunal, Principal Bench, New Delhi dated 20.08.2018 passed in Original Application No.606/2018, the Itanagar Municipal Corporation was liable to pay Environmental Compensation of Rs.1,00,000/- (Rupees One lakh only) per month w.e.f. 01.04.2020 and therefore, the Arunachala Pradesh State Pollution Control Board has imposed Environmental Compensation of Rs.28,00,000/- (Rupees Twenty-Eight lakhs only) for 28 months w.e.f. 01.04.2020 to 31.07.2022 for violation of the Solid Waste Management Rules, 2016 against the Itanagar Municipal Corporation.

The Arunachal Pradesh State Pollution Control Board shall file affidavit of compliance with regard to steps taken against the Itanagar Municipal Corporation for recovery of Environmental Compensation of Rs.28,00,000/- (Rupees Twenty-Eight lakhs only) by 31.10.2022.

31. The Itanagar Municipal Corporation has filed its affidavit dated 16.08.2022 stating therein that there are 20 Wards within the Itanagar Municipal Corporation divided into two parts namely; (1) Itanagar Township and (2) Naharlagun to Banderdewa having a total population of 1,01,000 and 19,580 households. The total quantity of solid waste and liquid waste generated per day in the Itanagar Municipal Corporation is given in the chart which is extracted herein below: -

32. For disposal of this waste, it is stated that the Corporation has proposed 02 solid waste management plants at two different locations under the jurisdiction of Naharlagun and Itanagar for which land acquisition proceedings have been initiated and NOCs have been applied for from the Department of Forest and Environment, Government of Arunachal Pradesh and the Arunachal Pradesh State Pollution Control Board. It is further stated that sewage water from Households, Hotels, Industries, Institutions are the main source for pollution of the Dikrong and Pachin rivers which flow at Naharlagun, Nirjuli and Banderdewa township and to control this pollution the Government of India has accorded approval to set up a 3 MLD Sewage Treatment Plant under AMRUT 1.0 Scheme for Naharlagun Township and the Project is under progress and will be completed within two years. It is further stated that this Project will cover the treatment of sewage water of Ward Nos.17 & 18 having 7272 households upto the years 2025 and the remaining households will be covered under AMRUT 2.0 for which a proposal has already been submitted to the Government.

We, therefore, direct the Itanagar Municipal Corporation to complete the construction of 3 MLD Sewage Treatment Plant (STP) at Naharlagun township within the projected two years i.e. by 01.09.2024 and file affidavit of compliance in this regard to be sworned by the Commissioner, Itanagar Municipal Corporation.

33. It is also stated that Sewerage Network Pipes will be laid and where required sewage pumps will be installed for pumping sewage water to reach the STP. The STP will be run by SBR technology with 02 SBR tanks to be provided. The detention period of the SBR tanks will be 4 to 7 hours per batch depending on the Biological Oxygen Demand (BOD), Chemical Oxygen Demand (COD), Total Dissolved Solids (TDS) contents in the waste water and also peak flow of the sewage water. The treated water after quality testing in laboratory for acceptable limits, will then be discharged into the river or will be used for other day to day activities. The timeline for completion of this Project is stated to be 2023-24.

We direct the Project to be completed positively by 31.12.2023 and affidavit of compliance be filed by 15.01.2024.

34. As regards Solid Waste Management, it is stated that open dustbins have been provided at community level and door to door collection of solid waste is also being carried out in the town covering 20 wards but many residents throw their daily waste in solid waste collection vehicle. Dustbins are also being provided near markets which are loaded in garbage trucks and thrown in the land fill site at Chimpu. Recyclable and reusable material like glass and tin bottles, metal waste, etc. are hand-picked and sold to scrap dealer.

35. It is further stated that Augmentation of Waste Management System in the Capital Complex and development of External Infrastructure of Landfill sites at Chimpu, Itanagar at a cost of Rs.80,00,000/- (Rupees Eighty lakhs only) is being carried out and 50% of the work has already been completed and the project is likely to be completed within two years.

We direct the Itanagar Municipal Corporation to complete the Augmentation of Waste Management System and development of External Infrastructure of Landfill sites positively by 31.05.2023 and file affidavit of compliance.

36. It is also stated that that the Itanagar, Naharlagun, Nirjuli, Banderdewa and other adjoining towns comprising population of about 1,80,000 generates 75 MT of mixed waste from all kinds of institutions in the part 2 of the Itanagar Municipal Corporation project and to treat this waste flowing into the river, a budget proposal of Rs.14,345.00 lakhs has been submitted to the Ministry to set up Sewage/Septic Treatment Plants under AMRUT 2.0 Mission. A chart showing the breakup of the financial utilization has been given which is extracted herein below: -

No timeline has been given for completion of this Project under AMRUT 2.0 Mission.

We direct the Government of Arunachal Pradesh to complete this Project positively within two years i.e. by 31.08.2024 and file affidavit of compliance by 15.09.2024.

37. However, what we find from the affidavit is that at present the Municipal Solid Waste is being deposited at one single Municipal Solid Waste Plant at Chimpu, which is also stated to be non- functional at present. How this municipal waste is to be treated and whether any thought has been given by the Itanagar Municipal Corporation to the legacy waste which is being created at Chimpu followed by management of leachate has not been mentioned at all in the affidavit and all that has been stated is that it is difficult for the Itanagar Municipal Corporation to manage the huge financial involvement. However, from the affidavit itself, we find that the Itanagar Municipal Corporation is not bearing any of the expenses and all expenses are being borne by the Government of Arunachal Pradesh or by the Government of India under the AMRUT 1.0 and AMRUT 2.0 Mission. It is also stated that for Solid Waste Management separate Municipal Solid Waste Plants for Naharlagun, Nirjuli, Banderdewa and its adjoining towns is being introduced and site has been identified at Karsingsa.

We, therefore, direct the Itanagar Municipal Corporation to expedite the completion of the Solid Waste Management site at Karsingsa expeditiously preferably by 31.12.2022 and take steps for Solid Waste Management Disposal as well as Bio-Mining so as to reduce the legacy waste at the Chimpu dumping sites. The Itanagar Municipal Corporation shall file an affidavit of compliance in this regard by 31.03.2023.

38. It is also stated that the Itanagar Municipal Corporation has prepared a Concept Paper for construction of Sewage Treatment Plant (STP) Itanagar under Ward No.05 of Itanagar Municipal Corporation at an estimated cost of Rs.80,00,00,000/- (Rupees Eighty Crores only) for which a proposal has been submitted to the Government of Arunachal Pradesh and sanction of the said fund is awaited.

We accordingly direct the Chief Secretary, Government of Arunachal Pradesh to look into this matter and expedite the release of funds for construction of the Sewage Treatment Plant (STP), Ward No.05, Itanagar. An affidavit of compliance in this regard shall be filed by the Chief Secretary, Government of Arunachal Pradesh by 31.10.2022.

39. As regards rejuvenation of Pachin and Senki Rivers and its tributaries, it is stated that the Itanagar Municipal Corporation has submitted its proposal to the Government for funding the proposal for rejuvenation of Pachin and Senki Rivers, for which a Concept Paper has been submitted to the Government of Arunachal Pradesh as per Annexure-VI (Colly) filed with the affidavit.

We direct the Chief Secretary, Government of Arunachal Pradesh to file his personal affidavit of Action Taken in this regard for providing adequate funds for rejuvenation of the Pachin and Senki Rivers and its tributaries by 31.10.2022.

40. It is also stated that Itanagar Smart City Development Corporation Limited has started a Request for Proposal (RFP) and NIT for the Rejuvenation of Yagamso River, Itanagar in the month of July, 2022 for an estimated cost of Rs.1,77,88,000/- (Rupees One Crore seventy-seven lakhs eighty-eight thousand only) for the Rejuvenation of Yagamso River, Itanagar. This project is to be completed in three stretches viz. Stretch-1, Stretch-2 and Stretch-3 with proposed cost of work of Rs.21,92,373/- (Rupees Twenty-one lakhs ninety-two thousand three hundred seventy-three only) in each stretch. This Project is being submitted to the Government of Arunachal Pradesh for which tender has been issued vide letter dated 04.07.2022, Annexure VII (page no.1139 of the paper book).

We direct to Government of Arunachal Pradesh to complete the entire process of technical bids and financial bids and file the timeline for completion of the Project through a compliance affidavit by 31.10.2022.

41. We further direct the State Government particularly Itanagar Municipal Corporation that as an interim measure till adequate number of Sewage Treatment Plants (STPs) are established in both Itanagar and Naharlagun and other towns of Arunachal Pradesh, the State Government may establish adequate number of Faecal Sludge Treatment Plants (FSTPs) which are easier to construct and cost much less. The Faecal Sludge Treatment Plant (FSTP) is a vermifiltration based comprehensive and sustainable technological solution to manage faecal sludge effectively which is cost effective and can be constructed within a short-time. This may adequately address the immediate problem of pollution of sewage into the Senki/Pachin/Dikrong Rivers, till such time that the main Sewage Treatment Plants (STPs) are established.

42. Another effective short-term remediation measure can be phytoremediation which is use of green plants and associated micro- organisms to clean up soil, air and water contaminated with pollutants. Phytoremediation as a short-term measure can provide low cost and sustainable way to improve the quality of water in waterbodies/rivers/lakes. Phytoremediation is also an effective way to remove all the pollutants from the polluted river.

We direct the State Government to consider the above two short- term measures expeditiously, till such time that proper Sewage Treatment Plants (STPs)/Effluent Treatment Plants (ETPs) are established.

43. With the aforesaid directions, the Original Application No.94/2020/EZ is accordingly disposed of. The Respondents shall ensure that compliance reports are positively filed by the dates given herein above.

44. There shall be no order as to costs.