- (1.) In pursuance to our order dated 03.08.2015, an additional affidavit of Shri Krishna Kunal, District Collector, Jaipur, present in the Court, has been filed, providing interim proposals, giving the details of the compliances with regard to study report conducted by NEERI for rejuvenation of Dravyawati River; Remote Sensing Imaging through NRSC, Hyderabad; territorial demarcation between JDA and the Jaipur Nagar Nigam by the UDH; and interim measures to be taken with regard to control of polluted effluents by the textile industries running in Sanganer, till the establishment of CETP Plant at secondary level and Zero Liquid Discharge (ZLD) ultimately.
(2.) The interim proposals and compliances in the additional affidavit of Shri Krishan Kunal, District Collector, Jaipur, are quoted as below:- 1. That the deponent is at present District Collector, Jaipur and is well conversant with the facts of the case as well as he has been directed as the Executing Officer for various ensuring directions of the Hon'ble Court as well as the decision taken by the State of Rajasthan. 2. That this case was listed before your Lordships and the Hon'ble Court heard Shri C.S. Rajan, Chief Secretary, Government of Rajasthan along with District Collector and officers of the Rajasthan State Pollution Control Board with regard to the compliance of the orders of the Hon'ble Court. Having heard the averments, the Hon'ble Court directed the Chief Secretary to place on record the interim proposals by way of an affidavit through a responsible officer latest by 8.8.2015. 3. That the anxiety of the Hon'ble Court was mainly for the compliance of its directions in interests of health and environment which may be enumerated as below:- (A) To get the study report conducted by NEERI for rejuvenation of Dravyavati River. (B) Remote Sensing Imaging through NRSC Hyderabad. (C) Territorial demarcation between JDA and Jaipur Nagar Nigam by UDH, for appropriate vigilance and removal of encroachments / unauthorized constructions. (D) Interim measures to be taken with regard to the control of polluted affluents by the Textile Industries running in Sanganer if those are allowed to run till the establishment of CETP Plant at secondary level and ZLD (Zero Liquid Discharge), ultimately. 4. The proposals and compliance made by the State Government with regard to the above directions of this Hon'ble Court is summarised as below:- (A) In response to letter dated 23rd June, 2015 of NEERI the order has been placed vide letter No.F.12 (375) UDH 2007 dated 29.07.2015 and half of the amount of the project i.e. Rs.60 lacs, which was asked by the NEERI in advance, has been transferred through RTGS. In this letter, request was also made by the JDA to furnish the report and complete the study work as early as possible but preferably within 3 months. In response to this letter, NEERI Team is coming to Jaipur on 9th August and will initiate the survey process from 10th August to 14th August, 2015. Copy of the work order is already annexed as Annexure-CR/2015/13 and copy of the communication dated 6.8.2015 is being enclosed herewith and marked as ANNEXURE-CR/2015/33. Thus compliance of the direction of the Hon'ble Court is being well addressed by the State Government. It is also prayed that the Hon'ble Court may kindly issue appropriate directions to the Director, CSIR-NEERI, Nehru Marg, Nagpur for submission of the Study Report within 3 months. (B) As far the issue of getting Remote Sensing Image through NRSC Hyderabad is concerned, it is hereby submitted that not only the order was placed but half of the amount of the work order as required by the NRSC i.e. Rs.7,29,070/- has already been remitted by demand draft. Copy of this letter along with DD is already on record as Annexure-CR/2015/28. In this matter, for early Satellite Imaging of Dravyavati River, the NRSC was requested who have responded that due to monsoon clouds, it will not be possible to provide the present image. Hence, they have been requested to provide two month old images so as to identify the encroachments. A communication was also sent on 31st July and has already been placed on record as Annexure-CR/2015/32. Copy of fresh reminder dated 3.8.2015 is issued, copy of which is being annexed as ANNEXURE-CR/2015/34. (C) So as far as territorial demarcation of the JDA and Jaipur Nagar Nigam is concerned, it is submitted that the same has already been done for the purposes of determination and surveillance of encroachments. The Jaipur Nagar Nigam have the territorial jurisdiction from Amba Bari Pulia to Sushilpura, having the length of 6.5 kms and rest of the area of the Dravyawati River lies within the territorial jurisdiction of JDA i.e. from Sushilpura Pulia to End of the River, where it merges in Dhundh River i.e. approximate length of 41.5 kms. This demarcation had already been done by the UDH Department in its meeting dated 12.5.2014 and copy of the same has already been placed on record as AnnexureCR/2015/16. Furthermore, special teams were also constituted by the JDA and Nagar Nigam. These teams regularly keep vigilance on the encroachments and submit their report periodically. In the meeting dated 12.5.2015, it was also directed by the Addl. Chief Secretary, Urban Development and Housing Department to the JDA and Jaipur Nagar Nigam that if any new construction, renovation or repair is found in any area, it will be personal responsibility of the respective department and their teams constituted thereof. This direction finds its place in para No.4 of the annexure-CR/2015/16. Moreover, the Collector, Jaipur also coordinates all such Interdepartmental issues within his Jurisdiction. (D) With regard to electric and water disconnections of the Industrial Textile Units, running in Sanganer, which are discharging untreated water in Dravyavati River, the Chief Secretary brought out before the Hon'ble Court the implications of abrupt closure of such Industries. Such submissions were placed before the Hon'ble Court as well through the status report dated 3.8.2015. These submissions are averred in the report in para No.9 (9A to 9F) of the status report from page No.8 to 14. The Hon'ble Court was kind enough to consider the sensitive issue but at the same time sought sound interim proposals for effluent treatment till the installation of CETP takes place. (i) In this regard, it is hereby submitted that Sanganer Kapra Rangai Chhapai Association was directed in clear terms that until and unless sustained interim measures are taken for treatment of the polluted water, no Industry would be allowed to run. (ii) In response to these directions, the Association assured by way of an affidavit that till the installation of CETP, each and every Unit would establish individual ETP Plant which would be installed in two phases :- a) Major Units discharging more than 1000 KLD effluent would have their functional ETP's within 30 days. b) All other Units would have their ETP's within next 30 days. Also the plan & installation of ETP/interim treatment has been placed on record through the affidavit submitted by the Implementing Agency, Advent Envirocare Technology Pvt. Ltd, Ahmedabad. The affidavit filed by the association is being brought on record and annexed as ANNEXURE-CR/2015/35. Similarly affidavit filed by the Advent Envirocare Technology Pvt. Ltd. along with Technical Proposal is also being placed on record as ANNEXURE-CR/2015/36. (iii) That the District Collector vide his letter dated 6.8.2015 has forwarded the proposal/Affidavit of the Association and Implementing Agency to Rajasthan State Pollution Control Board with a request to weigh the same. Copy of this letter dated 6.8.2015 along with affidavits and technical proposal is being annexed as ANNEXURE-CR/2015/37. (iv) The Member Secretary of the RSPCB has examined the proposal and have allowed the same with certain amendments/suggestions. Copy of the letter of RSPCB dated 7-8-15 is being annexed as ANNEXURE - CR/2015/38. (v) In compliance of the directions of the Hon'ble High Court towards interim effluent treatment measures and on subsequent amendments/suggestions made by the Rajasthan State Pollution Control Board, Jaipur, the Sanganer Rangai Chapai Kapda Association and Advent Envirocare Technology Pvt. Ltd., Ahmedabad have resubmitted fresh affidavits to meet the directives towards environmental safeguards, wherein they have under taken that a failure to comply with the interim measures as stated on Oath within the prescribed timelines by any Unit would lead to their Disconnection/Closure by the Association itself. The State Government and the District Collector, Jaipur are committed towards ensuring enforcement and compliance of the interim measures as placed on the record by the Association and its' Implementing Agency. The amended affidavits filed by the Association and Implementation Agency in compliance of the suggestions of RSPCB, Jaipur dated 07.08.2015 is being brought on record and placed as Annexure- CR/2015/39 and Annexure- CR/2015/40 respectively. 5. That the enclosed documents, Annexures-CR/2015/33 to CR/2015/40 are true and correct photo copies of their originals."
(3.) We record our satisfaction over the steps taken by the State Government and the explanation given by Shri C.S. Rajan, Chief Secretary, Government of Rajasthan in Court on 03.08.2015.;