Research › Search › Judgment

Jharkhand High Court · body

2017 DIGILAW 1375 (JHR)

The Court on its own Motion v. State of Jharkhand

2017-08-07

APARESH KUMAR SINGH, B.B.MANGALMURTI

body2017
ORDER : Heard learned counsel for the parties. 2. On the basis of a newspaper report published in the Hindi daily 'Prabhat Khabar' on 17th June 2016 portraying an alarming situation of several deaths having taken place due to incidence of excess fluoride in potable water in the areas around village Pratappur in the district of Garhwa, this Court took suo-motu cognizance of the matter. The instant PIL thereafter commenced. Report was also called for and received from the Principal District and Sessions Judge, Garhwa on 21st June 2016 which confirmed the fears of populace being affected by excess fluoride in drinking water. The symptoms of fluorosis were found in the residents of that area which caused serious disorder to the bone and skeleton system. National Environmental Engineering Research Institute, Nagpur ('NEERI' for short) also submitted a report on 2nd May 2017 after inspecting the affected villages and collecting samples of water. They also found high concentration of fluoride in the water samples from Pratappur village. The ground water was found to be highly contaminated with fluorides. The water drawn from these regions required effective purification before being fit for use in drinking and cooking purposes. They also found 9 out of 12 de-fluoridation units non-functional and delivering water with high fluoride concentration than the permitted value. They recommended restoration of these units or to opt for a totally different treatment option based on a technical feasibility study. They also found and recommended removal of iron found in higher concentration from the water in these regions. As an interim measure, they suggested the concerned authorities to make alternative arrangements for supply of water from areas that are less affected by fluoride, such as Patsa or Darmi or any other area till an effective water treatment technology is applied. 3. On 5th May 2017 this Court took note of various issues relating to supply of clean drinking water to the areas in Pratappur Panchayat. It also took note of the report of NEERI. National Human Rights Commission also had issued direction to the Chief Secretary in this regard. The Court, taking serious note of the lack of proper supply of pure drinking water to the people of Pratappur Panchayat, directed the Chief Secretary to file a detailed affidavit in the matter. It also took note of the report of NEERI. National Human Rights Commission also had issued direction to the Chief Secretary in this regard. The Court, taking serious note of the lack of proper supply of pure drinking water to the people of Pratappur Panchayat, directed the Chief Secretary to file a detailed affidavit in the matter. The order dated 5th May 2017 is being reproduced hereunder :- “Heard learned counsel appearing for the petitioner and learned counsel for the respondents. Mr. Amit Kumar Sinha, learned amicus curiae submits that in the State of Jharkhand, all things are done on pen and paper and there is no action on ground. Even to supply drinking water in Pratappur area in the District of Garhwa, one electric line is necessary and the State Government is not obtaining 'no objection certificate' from the East Central Railway and till now they have not applied for the same. He submits from the record that 'National Human Rights Commission' also directed the Chief Secretary, State of Jharkhand to file an application before the concerned Railway authority for obtaining 'no objection certificate' but no action has been taken and the matter is lingering from the year 2011. It appears that still no application has been filed by the State Government. Counter-affidavit has been filed by the respondent Nos.1 and 2 to the effect that 'the fluoride removal attachment is functioning well, the filtered water is having 0.29- 0.57 PPM fluoride only'. Counter-affidavit dated 25.01.2017 filed by the respondents and the report of the Deputy Commissioner, Garhwa dated 5.08.2016 attached to the said affidavit also reveals that fresh drinking water is also supplied through tankers on daily basis and there is no electric supply in Pratapur Panchayat that is why pump house is being run on a hired Diesel generator set (DG set). Drinking Water and Sanitation Department has also issued a tender for procuring the DG Set of 63 KVA. Shortly the DG set will be procured. He further submits that very recently report of the 'NEERI' (National Environmental Engineering and Research Institute) has been filed. In the said report, it is stated that sample was collected by NEERI between 15 to 18 March, 2017 and the report was prepared by NEERI after examining the water quality in their laboratory. Shortly the DG set will be procured. He further submits that very recently report of the 'NEERI' (National Environmental Engineering and Research Institute) has been filed. In the said report, it is stated that sample was collected by NEERI between 15 to 18 March, 2017 and the report was prepared by NEERI after examining the water quality in their laboratory. In the said report, it has been mentioned in Paras 2, 3 and 4 which are as follows :- “2. Among 12 de-fluoridation units installed, 9 were observed to be ineffective and deliver water having high fluoride concentration than the permitted value (Table 3). There is need to restore the performance of these units or opt for totally different option based on a technical feasibility study. 3. Removal of iron from water in these regions is important, as iron is found in higher concentrations when compared to the drinking water permissible limit (300 ug/L). 4. As interim measure till appropriate treatment technologies are deployed for water treatment, for supply of safe drinking water to people in Pratappur village and other effected areas the concerned authorities should make alternative arrangements for supplying water from areas that are less affected by fluoride, for example Patsa or Darmi or any other area that may be a safe source of drinking water.” He also relies upon the report of the District Judge, Garhwa dated 21st June, 2016, as directed by this Court. In the said report it has been mentioned that the local persons have stated that the quality of construction is not up to the mark because of which there are leakages in the joints of the pipe line as well as in the over head water reservoir (Elevated Service Reservoir or ESR) cannot take and retain water to its full capacity. It was also complained that the supply has never been regular and even the day of the visit the pump was being operated after a gap of more than a month. The village Pratappur is in the south western side of Pratappur Panchayat and is the farthest area from the source of water. Water is lifted from North Koel River at Darmi village. The place for installation of pump house and treatment plant was provided by the local body at Darmi village. The village Pratappur is in the south western side of Pratappur Panchayat and is the farthest area from the source of water. Water is lifted from North Koel River at Darmi village. The place for installation of pump house and treatment plant was provided by the local body at Darmi village. The water reservoir (ESR) is at a distance of about 2 Kms from this pump house and from the reservoir, the worst affected area Monahi tola, Bhainsmarwa Tola, Gatiyahi Tola is further 2 Kms. away. Supply of electricity is another hindrance and there is no electric supply in almost entire Pratapur Panchayat. The pump house is being run on a hired Diesel Generator Set (DG set) of 62.5 KVA capacity. The DG set is not sufficient to bear the load of running both the pumps of the pump house. The submersible pump immersed in the bed of river is operated in the first cycle and the lifted water is stored in the sump and subsequent thereto after switching off the first pump the second pump is run to supply water to the ESR. There are filter plants installed in the pump house but they were not in use being old and in dilapidate condition and thus, only sediment free water is supplied through the system. Supply of electricity is another hindrance and it was also reported that the step down transformer installed at the pump house needs 11000 volts of electricity supply to provide adequate voltage for running the pumps but the railway track needs to be abridged for supply of 11000 volts through high tension wires. From the documents supplied by the State government, it does reveal that drinking water is supplied through pump set and tubewells and pure drinking water is also supplied through tanker and from both report of the Principal District Judge, Garhwa and the report of the NEERI, this Court comes to the conclusion that no pure drinking water is supplied to the people who reside at Pratapur Panchayat. All the work are on pen and paper. Even the Chief Secretary, State of Jharkhand is not taking any step to supervise or to control the problems of Panchayatpur Panchayat in spite of letter issued by the Human Rights Commission. This is the sorry state of affair of drinking water in Pratappur Panchayat. All the work are on pen and paper. Even the Chief Secretary, State of Jharkhand is not taking any step to supervise or to control the problems of Panchayatpur Panchayat in spite of letter issued by the Human Rights Commission. This is the sorry state of affair of drinking water in Pratappur Panchayat. Only on pen and paper drinking water is supplied to the Pratappur Panchayat. In spite of notice issued by this Court on 17th June, 2016 and orders of this Court time to time no serious effort has been put by the State. The Chief Secretary is not carrying out the direction of the 'National Human Rights Commission, and therefore, this Court directs the Chief Secretary to file detail personal affidavit in the matter on or before 9th May, 2017. This Court appreciates the work done by NEERI. List this case on 10th May, 2017. Let a free copy of this order be handed over to Mr. Amit Kumar Sinha, learned amicus curiae as well as to Mr. Rajesh Kumar, learned G.P. V for doing needful.” 4. The Chief Secretary, Jharkhand has thereafter filed an affidavit on 11th May 2017. 5. Learned counsel for the State Mr. Rajesh Kumar has placed the affidavit and the detailed steps that have been taken both as an interim measure and as a long term measure to ameliorate the problem of safe and pure drinking water to the people of this area. On the basis of the categorical statements made in the counter-affidavit of the Chief Secretary, it is stated that after obtaining no objection certificate from the railways and payment of Rs. 11.84 Lakhs for undertaking the transmission of 11 KVA high tension line through the railway crossing, the railway has sanctioned the estimate for execution of that work at the earliest by outlaying Rs.63 lakhs for the purpose. The 65 KVA Diesel Generator set has been installed at the cost of Rs.13.51 lakhs for regular water supply through the old Pratappur water supply scheme. This has been done as a short term measure under the scheme sanctioned through letter no.63 dated 15th December 2015. Under this scheme 12 number of de-fluoridation attachment units were installed through M/s Green Power Systems. This technology was selected on successful completion of fluoride attachment works in the district of Naupada of Odisha State. This has been done as a short term measure under the scheme sanctioned through letter no.63 dated 15th December 2015. Under this scheme 12 number of de-fluoridation attachment units were installed through M/s Green Power Systems. This technology was selected on successful completion of fluoride attachment works in the district of Naupada of Odisha State. As per the sanction order, the evaluation of the scheme has to be done by the NEERI. On the recommendation of Senior Scientist of NEERI who visited the site, the rectification of the de-fluoridation attachment units has been done by the agency. The Senior Scientist of NEERI has again visited the site and approved the rectification and tested all the attachments. They were found to give water within the permissible limits of fluoride concentration and installation were found satisfactory. The scheme is for three years of operation and maintenance beyond defects and liability period. The executive agency is under contractual obligation to rectify any defect immediately. The Executive Engineer, Garhwa is to monitor it regularly. As per the statements made in the counter affidavit and by the counsel for the respondents on the basis of instructions furnished thereafter, the Senior Scientist of NEERI has visited the site and also examined the functioning of the attachment units. The Executive agency has been directed by the Chief Engineer, Programme Management Unit to attend the findings and rectify the defects accordingly. After completion of defects liability period, the operation and maintenance period will start for next three years. The Chief Engineer through letter dated 7th May 2017 has directed the agency to attend the findings of NEERI, Kolkata and rectify. 6. As a long term measure a new scheme of rural pipe water supply based on surface source has been formulated and sanctioned vide letter no.46 dated 25th July 2016. This scheme is under execution and is likely to be commissioned in October, 2018. The respondents further want to convey that due to heavy flood in Koel River, infiltration gallery intake well was washed out which made the old water supply scheme non-functional for some period. This has been restored and made functional. Apart from that, drinking water was supplied by tanker in Pratappur as reported by the Executive Engineer, Drinking Water and Sanitation Division, Garhwa. This has been restored and made functional. Apart from that, drinking water was supplied by tanker in Pratappur as reported by the Executive Engineer, Drinking Water and Sanitation Division, Garhwa. They further convey that NEERI has examined the issue of iron permissible limits and according to them, that has been enhanced from 300 ug/L to 1000 ug/L as per directive of Government of India enclosed as Annexure-B to the said affidavit. 7. Learned counsel for the State submits that the supply of safe and pure drinking water is being made to the residents of Pratappur Panchayat. Till the long term scheme comes in operation in the year 2018, old Pratappur water supply scheme has also been rectified. Therefore, the concern of the Court has been taken with all seriousness and attended to as well. Writ petition can be disposed of in the light of the stand conveyed through the affidavit of the Chief Secretary. 8. Learned Amicus Curiae, however, conveys apprehension in the matter of regular supply of pure drinking water given the past history and the serious damage that it has done to the health of the people residing in that area. We also cannot ignore this aspect of the matter. 9. We have considered in detail the progress of the scheme towards supply of pure drinking water to the residents of village Pratappur during pendency of the PIL. In view of the specific stand of the Chief Secretary conveying both interim and long term measures in that regard, we are satisfied that the State has taken the matter with all seriousness. It is the primary responsibility of a welfare State to at least ensure the basic amenities of life like pure and safe drinking water to their residents. 10. In order to ensure that these measures are executed with all promptitude and seriousness, we also consider it necessary to devise a procedure by which the Chief Secretary of the State should undertake monitoring of this project over a period of time till the long term solutions are ready by the next year. 10. In order to ensure that these measures are executed with all promptitude and seriousness, we also consider it necessary to devise a procedure by which the Chief Secretary of the State should undertake monitoring of this project over a period of time till the long term solutions are ready by the next year. Accordingly, we direct the concerned Chief Engineer, Programme Management Unit and the Executive Engineer, Drinking Water and Sanitation Department, Garhwa to provide monthly report both in relation to the supply of pure and safe drinking water under the old scheme and also in relation to the implementation of new scheme to the Chief Secretary, Jharkhand by the 1st week of every succeeding month through the Principal Secretary, Drinking Water and Sanitation Department, Government of Jharkhand. The Chief Secretary would also constantly overview and monitor the execution of the scheme, so that save and pure drinking water is supplied to the residents of Pratappur Panchayat. 11. With these observations, this writ petition is disposed of.