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Item No. 06 Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

Original Application No. 1069/2018

(M.A. Nos. 1792/2018 & 1793/2018)

Nitin Shankar Deshpande Applicant(s)

Versus
Union of India & Ors. Respondent(s)

Date of hearing: 21.12.2018

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HON’BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

For Appellant(s): Mr. Krishnan Venugopal, Senior Advocate,

Mrs. Ekta Sikri and Ms. K. Gayatri, Advocates

For Respondents (s): Mr. Divya Prakash Pande, Advocate for

MoEF&CC

ORDER

1. Challenge in this application is to the Notification dated

13.10.2017, amending the Environment (Protection) Rules,

1986, Schedule – I. In the said Schedule, inter-alia, standards

for emission or discharge of pollutants are prescribed. Serial

number 105 has been added to lay down revised standards for

the STPs as follows:-

“G.S.R. 1265(E).—In exercise of the powers conferred by

sections 6 and 25 of the Environment (Protection) Act, 1986
(29 of 1986), the Central Government hereby makes the
following rules further to amend the Environment (Protection)
Rules, 1986, namely:-

1. Short title and commencement –

(1) These rules may be called the Environment (Protection)

Amendment Rules, 2017.
(2) They shall come into force on the date of their
publication in the Official Gazette.

2. In the Environment (Protection) Rules, 1986, in Schedule –

I, after serial number 104 and the entries relating thereto,
the following serial number and entries shall be inserted,
namely:

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Sl. Industry Parameters Standards

No.

1 2 3 4

Effluent discharge standards

105 Sewage Location Concentration

Treatment not to exceed
Plants
(STPs)
(a) (b)

pH Anywhere in the 6.5-9.0

country

Bio-Chemical Metro Cities*, all State 20

Oxygen Capitals except in the
Demand State of Arunachal
(BOD) Pradesh, Assam,
Manipur, Meghalaya
Mizoram, Nagaland,
Tripura Sikkim,
Himachal Pradesh,
Uttarakhand Jammu
and Kashmir, and
Union Territory of
Andaman and Nicobar
Islands, Dadar Nagar
Haveli Daman Diu
and Lakshadweep

Areas/regions other 30
than mentioned above

Total Metro Cities*, all State <50

Suspended Capitals except in the
Solids (TSS) State of Arunachal
Pradesh, Assam,
Manipur, Meghalaya,
Mizoram, Nagaland,
Tripura, Sikkim,
Himachal Pradesh,
Uttarakhand, Jammu
and Kashmir and
Union Territory of
Andaman and Nicobar
Islands, Dadar and
Nagar Haveli Daman
Diu and Lakshadweep

Areas/regions other <100

than mentioned above

Fecal Anywhere in the <1000

Coliform (FC) country
(Most
probable
Number pe
100 milli
liter,
MPN/100ml

*Metro Cities are Mumbai, Delhi, Kolkata, Bengaluru, Hyderabad,

Ahmedabad and Pune
Note:
(i) All values in mg/l except for pH and Fecal Colifrom.
(ii) These standards shall be applicable for discharge into water
bodies as well as for land disposal/applications.
(iii) The standards for Fecal Coliform shall not apply in respect of use
of treated effluent for industrial purposes.
(iv) These standards shall apply to all STPs to be commissioned on or
after the 01st June, 2019 and the old/existing STPs shall achieve

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these standards within a period of five years from date of

publication of this notification in the Official Gazette.
(v) In case of discharge of treated effluent into sea, it shall be
through proper marine outfall and the existing shore discharge
shall be converted to marine outfalls, and in cases where the
marine outfall provides a minimum initial dilution of 150 times at
the point of discharge and a minimum dilution of 1500 times at a
point 100 meters away from discharge point, then, the existing
norms shall apply as specified in the general discharge
standards.
(vi) Reuse/Recycling of treated effluent shall be encouraged and in
cases where part of the treated effluent is reused and recycled
involving possibility of human contact, standards as specified
above shall apply.
(vii) Central Pollution Control Board/State Pollution Control
Boards/Pollution Control Committees may issue more stringent
norms taking account to local condition under section 5 of the
Environment (Protection) Act, 1986”.

2. The grievance of the applicant that the standards have been

drastically diluted and relaxed which will lead to widespread

degradation of water quality, in violation of the Article 21 and

48A of the Constitution and Section 3 (1) of the Environment

(Protection) Act, 1986 which envisage protection and

improvement of quality of environment.

3. The Environment (Protection) Act, 1986 has been enacted to

give effect to the international obligations with reference to

Article 253 of the Constitution and powers are conferred to

take measures for improvement in the quality of environment.

The same are coupled with the duty to uphold such standards

as are necessary for protection of the environment.

4. Untreated or partially treated sewage is a major source of

pollution. Experts on the subject have recognized huge gap in

the sewage generated and treated resulting in untreated

sewage being dumped into the water bodies. What is required

is to take steps to enhance the treatment capacities.

5. The Hon’ble Supreme Court in the case Paryavaran Suraksha

Samiti & Anr. Vs. Union of India & Ors.1 directed taking of steps

to achieve the said standards. This has been reiterated in order

1 (2017) 5 SCC 326

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of the Tribunal2. Draft notifications based on Expert

Committee deliberations were issued by the MoEF&CC on

24.11.2015 proposing standards, inter-alia, for BOD, TSS and

FC. As against the said standards, there is a huge dilution in

the final notification dated 13.10.2017, which is depicted in the

following chart:-

Sr. Parameters Old Draft MoEF & CC

No. Norms Norms Notification
1986 Nov., 15 October 2017

1. Biochemical <30 <10 <30 and <20

Oxygen Demand
(BOD) (mg/l) (metro cities)

2. Chemical <250 50 No limit

Oxygen Demand
(COD) (mg/l)

3. Total Suspended <100 <20 <100 and <50

Solids (TSS) (metro cities)
(mg/l)

4. Total Nitrogen <100 <10 No limit

(mg/l)
5. Ammonical <50 <5 No limit
Nitrogen (mg/l)
6. Total No limit No limit No limit
Phosphorus
(mg/l)
7. Fecal Coliform No limit <100 <1000
MPN/100 ml

6. The applicant represented to the Ministry on 16.11.2017.

Thereafter, he moved this Tribunal by way of original

Application No. 312/2018. Notice was issued on 15.05.2018.

The application was disposed of on 17.07.2018 with the

direction that representation of the applicant which was filed

on 16.11.2017 be decided on or before 31.07.2018 by the

Ministry of Environment and Forest and Climate Change

(MoEF&CC).

7. Vide order dated 10.08.2018, the MoEF&CC rejected the

representation with the observation that adequate due

diligence had been applied and the notification was issued

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M.C. Mehta Vs. Union of India, O.A. No. 200 of 2014 order dated 13.07.2017

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thereafter detailed technical analysis. Examination of

international standards had also been undertaken. The

Notification also permits CPCB/State PCBs/ PCCs to issue

more stringent norms in the light of the above Notification. It

was further stated that:

“vi). While you have compared with the general

standards it is to state that new standards have been
laid with regard to pH in place of 5.5 to 9.0 STP
standards is prescribed 6.5 to 9.0, BOD prescribed in
general standards is 350 mg/l (public sewers), while
STP standards is prescribed 20 mg/l for metropolitan
cities and 30 mg/l for all other regions of the country.
With regard to TSS, the STP standards prescribed <50
mg/l for metropolitan cities and <100 mg/l for other
regions while general standards prescribed 100 mg/l
for inland surface water and 600 mg/l for public sewers
and 200 mg/l for Land for irrigation. With regard to
fecal coliform standard prescribed, it is mentioned that
this standard has ben stipulated for the first time in the
country which is much stringent than any of the
standards for the developed countries which is less than
1000 MPN/100m).”

8. Our attention has been drawn to the directions of the CPCB

dated 21.04.2015 under Section 18 (1) (b) of the Water

(Prevention and Control of Pollution) Act, 1974 requiring the

SPCBs to make it mandatory for local bodies to set up

sewerage systems for treatment and disposal of sewage to meet

the prescribed standards which are as follows:-

EFFLUENT DISCHARGES STANDARDS FOR SEWAGE TREATMENT PLANT

S. No. Parameters Parameters Limits

(standards for New STPs
Design after notification
date)*

1. pH 6.5-9.0

2. BOD (mg/l) Not more than 10

3. COD (mg/l) Not more than 50

4. TSS (mg/l) Not more than 20

5. NH4 N (mg/l) Not more than 5

6. N-total (mg/l) Not more than 10

7. Fecal Less than 100

Coliform
(MPN/100ml)

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9. Further, in the 12th Expert Meeting held on 08.05.2017 in the

MoEF&CC the Expert Committee approved as follows:-

“After detailed discussions following was suggested and

approved by the Expert Committee:

i) In respect of BOD, it was noted that stringent norms

of 10 mg/l should be applied to Metropolitan Cities
and States Capitals considering the degradation of
quality of water bodies. However, the other
cities/town may be permitted to the limit of 20 mg/l
in treated effluent from STPs. Hence, the proposed
standards were approved by the Committee,
however, it was suggested that the old/existing
STPs may be given 5 years period to achieve
compliance from date of publication of notification;
whereas the new STPs commissioned on or after
01/06/2017, have to comply from the date of
publication of notification. The issue related to
applying of proposed standards for cities/town
where BOD in receiving water body exceeds 6mg/l
was discussed in detail and also approved by the
Committee.

ii) In respect Total Suspended Solids (TS), pH, Total-

Nitrogen and Fecal Coliform, the proposed standards
of <20 mg/l, 6.5-9.0, 10 mg/l and <230 MPC/100
ml respectively were approved by the Expert
Committee after detailed discussions.

iii) It was decided that the matter related to Phosphate

standards is more relevant to the soap/detergent
industries and may be dealt separately. In respect
of standard for Ammonical Nitrogen, it was decided
that it is not needed to be notified at the moment as
notifying the Total Nitrogen to 10mg/l would serve
the purpose.

iv) The Expert Committee also suggested that each STP

should install Online Monitoring Device for the
purpose of better monitoring of the performance of
plant. Also, there should be guidelines for the
sludge management and handling for the sludge
generated while treatment of sewage.

v) In respect of issue related to the disposal of treated

effluent in Marine Coastal Water, it was decided
that the discharge in to sea should be through
proper marine outfall and the effluent should be
away from the beaches. The marine outfall shall

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follow the existing general discharge standards.

Hence, the Committee approved the footnote
proposed in the draft notification.

vi) It was decided that reuse/recycling of treated

effluent shall be encouraged. In cases where part of
the treated effluent is reused and recycled involving
possibility of human contact, standards as proposed
in the draft notification shall be applied.”

10. In view of the above, relaxed standards will deteriorate the

water quality which will not be fit for the best designated use.

Instead of protecting the environment, impugned notification

will degrade the environment. The notification is a retrograde

step.

11. The applicant, sums up the adverse effect of the diluted

parameters as follows:-

“(i) Effects of Organic Matter (BOD) (Revised from 10 mg/l to

30 mg/l)

Biochemical Oxygen Effects of excess BOD load on

Demand (BOD): environment:

The organic or polluting i. Due to disposal of partially

strength of wastewater is treated wastewater quality of
measured in terms of BOD Surface & Ground water bodies
(Biochemical oxygen deteriorates to a great extent.
Demand), which is the Further when the water is used
amount of oxygen needed by from the same source; it is
aerobic (Oxygen using) harmful for human consumption.
bacteria for the oxidation
(Break-down) of organic ii) This excess BOD will consume
matter oxygen present in the water body
which will lead to development of
bacterial growth and disturbance
of ecosystem present in the same
(fish death, algal boom etc.)

(ii) Effects of Chemical Oxygen Demand (Revised from 50 mg/l

to No Limit)

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Chemical Oxygen Effects of excess COD load on

Demand (COD): environment:

COD is the amount of oxygen When the water is used from the
required for chemical source where treated sewage is
oxidation (Break-down) of disposed; it is harmful for human
organic matter. consumption.
Accumulation of non-degradable
and degradable
chemicals/matters in water
bodies.

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(iii) Effects of Total Suspended Solids (revised from 10mg/l to

100 mg/l)

Suspended Solids: Effects:

The portion of organic i. Provides hiding space for

material that does not disease causing micro-
dissolve but remains organisms.
suspended in the water is
known as suspended solids. ii. Silting in receiving water
bodies.

iii. Deterioration of water quality

and aesthetics of receiving water
bodies.

(iv) Effects of Faecal Coliform (Revised from 100 MPN/100 ml

to 1000 MPN/100ml

Effects of microbial contamination

Use of contaminated water at downstream of disposal point
by human communities leads to diseases and epidemics such as
Diarrhea, Dysentery, Cholera, gastroenteritis, enteric fever,
Hepatitis B etc.

As per the CPCB water quality criteria for streams, for outdoor
bathing (Class of water B) the total coliform shall be less than 500
MPN per 100 ml of water and Biochemical oxygen demand (BOD)
shall be less than 3 mg/l.

However, as per impugned notification the discharge standards

for BOD and coliform are specified as < 20 mg/L and < 1000
MPN/100 mL respectively.

The relaxation given in the above- mentioned parameters

compared with earlier discharge standards are encouraging the use
of receiving water body as a source of dilution for domestic sewage.
However, receiving water bodies shall not be used as source of
dilution for maintaining its water quality and aesthetics. Also, its
use as dilution source can further aggravate the water borne
diseases in downstream region and surrounding region of disposal
point”.

(v) Effects of Fecal Coliform (Revised from 100 MPN/100 ml to

1000 MPN/100ml

Effects of Nitrogen and Phosphorous:

i. Eutrophication (Algal boom in receiving water body –
which deteriorates its water quality and aesthetics
rendering it unit for daily use.
ii. Accumulation of nutrients.

Nitrogen and Phosphorous are limiting nutrients for the growth

of micro-organisms in aquatic ecosystem. If the partially
treated/untreated domestic wastewater having considerable

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amounts of nutrients in it is released into an aquatic ecosystem, it

causes algae to grow faster than the ecosystem can handle.
Significant increase in algae harm water quality, food resources
and habitats, and decreases the oxygen that fish and other
aquatic life need to survive. Large growth of algae is called algal
blooms and they can severely reduce or eliminate oxygen in the
water leading to illness in fish and death of large number of fish.
Some algal blooms (eutrophication) are harmful to humans because
they produce elevated toxins and bacterial growth that can make
people sick if they come into contact with the polluted water,
consumed tainted fish or shellfish or drink contaminated water.”

12. Reference has been also been made to the report of the CPCB

on River Stretches for Restoration of Water Quality published

in 2015. In the preface to said report, the Chairman CPCB

stated as follows:-

“The Water quality management is one of the many

environmental problems in India. Increasing demand of water
for human consumption, irrigation and growing industrial
activities has impacted the water quality of rivers due to
declining flows in rivers and depleting water levels of
subsurface resources. Bio-chemical Oxygen Demand (BOD) has
been considered as principle parameters for identification of
monitoring locations in exceedance to the criteria limit. The
present study highlights three water quality issues in 275 rivers
comprising of 302 stretches in 27 States in 2 UTs. The water
data indicates that organic pollution as indicated by
Biochemical Oxygen Demand (BOD) continues to be the major
water quality issue. This is mainly due to discharge of
untreated domestic wastewater from the urban centres of the
country. The municipal corporations at large are not able to
treat increasing load of multiple sewage flowing into water
bodies. Secondly the receiving water bodies also do not have
adequate water for dilution…..”

13. Reference has then been made to the order of this Tribunal on

the subject of polluted river stretches dated 20.09.2018 in

Original Application No. 673/2018 in the matter of News item

published in “The Hindu” authored by Shri Jacob Koshy titled

“More river stretches are now critically polluted : CPCB”.

14. The applicant has also referred to order of this Tribunal dated

13.07.2017 in the case of M.C. Mehta v. Union of India

directing as follows:-

“All the existing STPs as well as the STPs to be designed and

constructed should satisfy the existing standards. The new
STPs should be designed and construed in manner in which

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they should be able to achieve more stringent norms, if

prescribed in future… the said STP shall be constructed and
completed to ensure that it meets the prescribed values,
particularly, in relation to BOD, faecal coliform and all other
parameters. It should be designed to achieve suggested values
of BOD at 10 mg/I and 230 MPN/100 ml of Faecal Coliform, as
directed by CPCB and MoEF & CC”.

15. Learned counsel for the applicant states that the impugned

notification violates Article 21 of the Constitution and its

operation is extremely harmful for public at large as well as to

the environment, in as much as the notification has diluted

three important standards for effluent – BOD, TSS and FC,

leaving the environment to the mercy of the increased

pollution. It is, thus, prayed that impugned notification be held

in abeyance and standards laid down as per directions dated

21.04.2015, 09.10.2015, 15.12.2016 and 19.04.2017 by the

CPCB be maintained.

16. Issue Notice to the MoEF&CC. Learned Counsel Mr. Divya

Prakash Pande, accepts notice for MoEF&CC and seeks time to

reply to the main application as well as interim application.

The applicant is directed to furnish a set of papers to

MoEF&CC and CPCB and file an affidavit of service within one

week from today.

17. To consider the matter further, it is necessary to have a report

of Expert Committee. Accordingly, we constitute an Expert

Committee as follows:-

1. Director or his nominee (Senior Prof. of Environmental

Engineering) IIT Kanpur and IIT Roorkee.

2. Senior representative of NEERI.

3. Senior Scientist nominated by CPCB.

The nodal agency for coordination and follow up will be CPCB.

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18. The Expert Committee may give its report within two months

after going into various aspects of the alleged dilution of norms

and its likely impact on the recipient environment and public

health. While examining the matter, the Committee shall

examine the issues such as assimilative capacities of our river

systems, e-flows and related aspects. The Expert Committee

shall also examine the best available technologies and best

practices being followed besides the need of its replication in

India keeping in view the economic viability and resource

position. While making the recommendations, the Committee

can refer to the CPCB Report on “River Stretches for

Restoration of Water Quality, 2014-15” and the order of this

Tribunal on the subject of polluted river stretches dated

20.09.2018 in Original Application No. 673/2018 in the matter

of News item published in “The Hindu” authored by Shri Jacob

Koshy titled “More river stretches are now critically polluted :

CPCB”.

19. The report may be furnished by the CPCB to the MoEF&CC as

well as to this Tribunal by email at [email protected] on or

before 31.03.2019. It will be open to MoEF&CC to take a fresh

view in the light of the report and furnish its comments by e-

mail before the next date. The registry may forward the report

to the applicant also, who may file his comments, if any, before

the next date.

20. We are prima facie of the view having regard to the above

narration, serious consideration of the subject is necessary.

Apart from there being a prima facie case in favour of stay of

the impugned notification, balance of convenience also is in

favour of stay being granted. Operation of the impugned

notification will be extremely harmful for public at large. On

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stay being granted, pre-revised standards will prevail and grant

of stay will cause no harm to anyone. If stay is not granted,

there will be irreparable loss to the public health at large as

well as to the environment.

21. Till the matter is considered further, operation of the

impugned notification will remain stayed.

List for further consideration on 16.04.2019.

Adarsh Kumar Goel, CP

S.P. Wangdi, JM

K. Ramakrishnan, JM

Dr. Nagin Nanda, EM

December 21, 2018
Original Application No. 1069/2018
A

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