[Sabarmati River Pollution] "Everybody Giving Us An Eyewash": Gujarat HC Seeks Personal Affidavit Of Ahmedabad Municipal Commissioner

While hearing a 2021 suo-motu plea concerning pollution of the Sabarmati river, the Gujarat High Court on Monday orally remarked that the authorities involved were acting in a manner which was an “eyewash”– where they were stating that they were working but were in fact doing “nothing”.

In an urgent hearing at 2:30 pm, a special division bench of Chief Justice Sunita Agarwal and Justice Vaibhavi D. Nanavati took up the matter after taking note of a video allegedly pointing to “flouting of standards” involving the Mega pipeline in the city.

Expressing her displeasure with the authorities involved in the matter over their inability to tackle the issue, Chief Justice Agarwal orally remarked,

“All this is eye wash. By GPCB (Gujarat Pollution Control Board), AMC(Ahmedabad Municipal Corporation), by the joint task force. Everybody is giving us something which is an eyewash…that 'we are working' but doing nothing. And the amicus does not bother to bring it to the knowledge of the court by filing an urgent mentioning slip or application. We are taking strong exception to this”.

The amicus curiae said that while he received the video in question just “yesterday”, he however acknowledged his “lapse” in not informing the court about the issue immediately. “I take it upon myself also…It was my lapse,” he said.

On the Mega Pipeline

During the hearing the counsel appearing for the Ahmedabad Municipal Corporation (AMC) said that there are two outfalls, one of the Ahmedabad Mega Clean Association (AMCA) and the second is of the Narol Common Effluent Treatment Plant which are both “industrial outfalls controlled by independent industries and are not under the corporation”.

Taking note of a letter handed over by the AMC's counsel which stated that the Central laboratory of the corporation conducts “regular monitoring of Sabarmati outfalls from the common effluent treatment plants, mega line outlets which discharge into the Sabarmati river”, the high court orally said that mega pipeline is also under “supervision” of the corporation.

The corporation's counsel however said that the mega pipeline is run by AMCA which is a “stand alone special purpose vehicle”. He said that all industrial units utilise this pipeline and they are supposed to take care of it. He submitted that the Industrial discharge, right from the industry concerned or Common Effluent Treatment Plant (CETP) concerned and “Mega pipeline has always been the domain of Gujarat Pollution Control Board (GPCB)”.

“We are monitoring this in view of the last three orders of my lords. We are coming up with a holistic solution in the next hearing,” the corporation's counsel said.

“So the judicial order is not binding on you?” the Chief Justice orally asked.

To this AMC's counsel said that the corporation is monitoring but the authority to “intervene from the licensing stage” may have to be GPCB.

To this the Chief Justice orally said,“We are not looking at the licensing stage, we are looking at a holistic solution. When the court has passed an order then you cannot put a caveat on that. Whether it is GPCB and AMC, both of you are mandated to comply with the directions of the court”.

On the Joint Task Force

With respect to the Joint Task Force (JTF) constituted by the high court in September 2021, the court noted that it is stated to comprise “responsible officers” of the AMC, GPCB, three-four experts among other members.

The amicus curiae appointed in the matter explained that there are seven Common Effluent Treatment Plants in which empty their load in the mega pipeline in the city. Industries in pockets have set them up and the CETP receives the effluent, treats it and then it is released into the mega pipeline, which acts as a conduit, wherein the final outfall is the Sabarmati river, the amicus added.

The high court was further informed that if CETPs are not treating the water as per the standards then the GPCB is to step in.

On the court's query the amicus curiae appointed in the matter said that the last report filed by the JTF was in 2023.

“This task force is created to oversee that CETP and GPCB are discharging their functions…So every time the court will be doing something. You people, the authorities, which are assigned the task will be failing in the duty and we will keep on monitoring them. And then this task force has stopped inspection, stopped giving a report to us and stopped bringing anything to our knowledge,” the Chief Justice said orally.

High court's directions to AMC, GPCB and JTF

The high court thereafter directed the GPCB to file an affidavit on how the CETPs are inspected, what is the position, why was the alleged infraction not brought to the authority's knowledge and if it was brought to its notice why was it not taken care of.

The high court also called for a report on inspections conducted in the last six months of the seven CETPS and further directed the GPCB to conduct one inspection either today and tomorrow of all the CETPS. With respect to Narol CETP, the high court said that the inspection will be conducted during the course of the day and action has to be taken today.

On the JTF, the Chief Justice orally remarked, “What about the joint task force? They are defunct now. What about the GPCB and AMC. What is the answer? That they (joint task force) are not conducting inspection. You told us that officers of the corporation are members of the task force. Same for GPCB. Will the both of you answer? You are a statutory body you can shift responsibility on some private person and say that since they have not participated we are keeping quiet. When was the last visit made by this joint task force? Where are these responsible officers?”

The high court thereafter directed the officers of the AMC and GPCB who are members of the JTF to give a joint affidavit as when did they last make an inspection, and further asked it to conduct an inspection by tomorrow of the concerned areas and submit a report.

The high court also called for a “personal affidavit” of the Municipal Commissioner, Ahmedabad Municipal Corporation stating how he is “overseeing the functioning” of the Mega pipeline, any “infraction” with respect to it. The affidavit is to also state how the court appointed joint task force is discharging its responsibility.

It also called upon the AMCA to file an affidavit on the points, which it said will be mentioned in its order.

The high court further said that it shall pass an order on the hearing and listed the matter on August 2 at 2:30pm.

Case title: Suo Motu v/s Ahmedabad Municipal Corporation through its Municipal Commissioner and Others