The National Green Tribunal (NGT) dismissed the two applications filed by the same applicant and involving similar questions of facts and law as well as the area and the issue of environment.
Original Application (1):-
Raising the complaint of serious deformity and disorders found amongst the children of village Dharangwala, Tehsil Abohar, District Fazilka, due to probable cause of contamination of water supplied through Water Works which the supplying authorities gets from Abohar Branch of Sirhind Canal Feeder, OA-I has been filed. It is said that villagers have complained that citrus fruit crop in their village is getting adversely affected and damaged, and not bearing fruit due to the contaminated water received from the above source i.e., Abohar Branch of Sirhind Canal Feeder. Applicant has prayed that appropriate directions be issued to concerned agency to prevent occurrence of deformities and disorders in the body of children in village Dharangwala, Tehsil Abohar, District Fazilka, after enquiring into the cause for such health hazard.
The complaint was examined by Tribunal on 17.05.2022 and finding that a substantial question relating to environment has arisen due to implementation of Scheduled enactments under National Green Tribunal Act, 2010 , Tribunal found it appropriate to call for a Factual Report after verifying facts. It constituted a Joint Committee comprising Punjab Pollution Control Board (PPCB), Chief Medical Officer, Fazilka (CMO, Fazilka) and Deputy Commissioner, Fazilka (DC, Fazilka).
Original Application (2):-
When OA-I was pending awaiting Report of Joint Committee, applicant another OA complaining that deformities and disorders in the body of children of village Churiwala Dhana, Tehsil Abohar, District Fazilka had caused, probably, due to contaminated canal water or ground water and the matter needs to be enquired into. It is further said that at least 15 persons have died due to Cancer and 28 villagers are presently suffering from Cancer and other diseases relating to Kidney, Lungs and Liver, hence, appropriate directions be issued to the concerned agency to prevent occurrence of such deformities and disorders amongst the residents of aforesaid village.
Applicant has said that in view of complaints made by villagers and residents of village Churiwala Dhana, social activist’s team visited the village, took a tentative view that the problem and diseases are on account of contamination of ground water as well as water being supplied to them from canal and, therefore, remedial measures are immediately required to prevent such deformities and disorders and to protect the residents of village Churiwala Dhana from such health hazards.
Joint Committee submitted its Report dated 02.12.2022 in OA –I. It is said that the matter was examined by Joint Committee under the chairmanship of DC, Fazilka, wherein Civil Surgeon of Fazilka and other officers of PPCB had participated. It was decided to summon all the concerned stakeholders at village Dharangwala to find out actual position regarding alleged contamination of canal water, if any, and/or to ascertain the source of contamination and causes of deformities to large number of children and damage to fruit bearing trees. A team of concerned Departments under supervision of Additional Deputy Commissioner, Fazilka visited village Dharangwala on 14.11.2022 and all the relevant factors were considered.
Applicant has filed his response dated 17.01.2023 in OA –I to Status Report dated 02.12.2022 filed by Joint Committee. It is stated therein that Joint Committee has taken samples and conducted only basic test regarding ions and bacteria but major tests for detection of toxicity including heavy metals have not been conducted. The team of Health Department has not conducted proper door to door survey and instead relied upon the information supplied by Sarpanch. The team has also failed to take samples of blood of affected children and only physical examination has been conducted. Chief Engineer (Irrigation –I), Department of Water Resources, Punjab issued an advisory vide letter no. 567/part dated 16.05.2022 addressed to Supervising Engineer, Ferozpur Canal Circle, Ferozpur advising not to use canal water for drinking purposes but this information has been ignored by Joint Committee. Abohar Branch of Sirhind Feeder Canal originated Harike Wetlands where both River Satluj and Beas meets and merges. The river water of Satluj is carrier of high pollutants including heavy metals of hundreds of polluting industries of Ludhiana through Budha Nallah but Joint Committee members have failed to explore such major factors and primary source of problem of diseases. After seasonal closure of canal water from barrage when canal water is again released, toxicity level of water got increased very high due to illegal dumping of effluents by industries, located along Sirhind Canal and Abohar Branch, as well as untreated sewage being disposed by villagers. Applicant has further said that Joint Committee has failed to collect data to analysis the cause of damage to fruit bearing trees i.e., citrus and on this aspect, the matter has not been examined properly.
Tribunal considered the said Report on 20.01.2023 and observed that water samples have been examined by Joint Committee with respect of basic parameters but with regard to presence of heavy metals, water samples have not been examined. Consequently, Joint Committee was directed to get the surface and ground water samples collected from the affected place and get the same analysed for the presence of heavy metals.
Pursuant to order dated 20.01.2023, a further Status Report dated 16.08.2023 has been filed in OA–I by Joint Committee through Environment Engineer, Regional Office, Faridkot. It is said that under the chairmanship of Additional Deputy Commissioner (Development), Fazilka, meetings of Joint Committee were held on 27.06.2023, 20.07.2023 and 07.08.2023 when civil Surgeon Fazilka, officials from Department of Horticulture, Abohar, Department of Water Supply and Sanitation and PPCB participated.
Applicant has filed objections to the Joint Committee Report dated 16.08.2023 and repeated the facts of OA-I and has disclosed facts of OA – II by giving names of 15 persons, said to have died due to Cancer, Kidney failure, liver disease etc.; 28 persons of village Churiwala Dhana suffering from various diseases; and, 20 children suffering from various diseases. It is said that villagers are attributing their suffering to contaminated ground water as well as canal water and, therefore, it is necessary that the samples of the ground water as well as canal water should be tested from the angle of presence of heavy metals.
Both OAs were entertained on the information supplied by applicant about alleged diseases and disorders in villages Dharangwala and Churiwala Dhana Tehsil Abohar, District Fazilka.
The Principal Bench of Justice Sudhir Agarwal , Justice Arun Kumar Tyagi and Dr. Afroz Ahmad noted that though the said information was not supported with any evidence or material yet proceeding with ‘precautionary principle’ and to prevent any loss to health of general people due to alleged contamination of water, Tribunal prima-facie believed unsupported information of applicant and appointed a Joint Committee to verify facts and submit Report.
Various departments have given their separate Reports. Joint Committee also had Civil Surgeon as member. Water quality has also been tested. Category of water was found in ‘C’, which after undergoing normal processing and cleaning is fit for drinking purposes. These facts as such have not been denied by applicant and no material to contradict the above Report has been placed on record.
However, applicant has said that Joint Committee should have conducted a door to door survey to find out the cause of diseases to the people as well as plants. This approach of applicant is wholly unwarranted and misconceived in as much as this Tribunal do not indulge in a fishing and roving enquiry. If there is any environmental issue and a substantial question relating to environment has been raised which has arisen due to implementation of enactments mentioned in Schedule II of NGT Act 2010 only then this Tribunal acquires jurisdiction to adjudicate such issue , held by the NGT.
In the present case, if there would have been any contamination of water causing alleged diseases and this would have been supported with any material, for rejuvenation and restoration of water contamination compensation to affected persons, the Tribunal could have taken appropriate action but to find out probable cause of diseases of the people and plants, and thereby direction for their treatment is a matter beyond the jurisdiction conferred upon this Tribunal vide Sections 14, 15, 16 and 17 of NGT Act 2010.
Moreover, Health Department’s Report is very categorical showing that the cause of disease is not the alleged contamination of water. Applicant has given names of the persons who died due to certain diseases and are also suffering disorders and deformities but no material to show that the adverse medical condition of the people is due to alleged contamination of water has been placed on record. Nothing has been placed by applicant on record to show that any disease or deformity has been suffered by an individual due to alleged contamination of water , the Bench noted.
“In these facts and circumstances, on mere conjectural and unsubstantiated allegations, we do not find that it would be appropriate for this Tribunal to proceed further, particularly, in the light of the reports which have been submitted by Joint Committee and we find no material on record so as to discredit the said reports. We accordingly accept the said reports of Joint Committee”, the order reads.