'Give Us Performance, Not Assurance': High Court Slams Ahmedabad Municipal Commission For False Claims On Sewage Treatment Plants

The Gujarat High Court in a recent hearing issued a scathing critique of the Ahmedabad Municipal Commission (AMC) for submitting false records concerning the operational status of sewage treatment plants (STPs) in its affidavit.

The Court noted that it was undertaking tasks that should be managed by the AMC commissioner. This observation came during the hearing of a suo motu public interest litigation (PIL) concerning the pollution of the Sabarmati River.

A division bench comprising Chief Justice Sunita Agrawal and Justice Vaibhavi Nanavati expressed profound dissatisfaction with AMC's efforts to tackle the pollution issue.

Amicus Curiae Hemang Raval pointed that the AMC's affidavit falsely claimed 100% compliance of STPs, a claim debunked by a report from the Gujarat Pollution Control Board (GPCB).

In its affidavit, the AMC asserted high operational efficiency for its STPs. However, the GPCB reported that the STPs at Vasna and Pirana were in extremely poor condition, with most STPs failing to comply with required standards. The court remarked on the AMC's failure to include crucial details about the STPs in their affidavit, emphasizing that sewage water intended for treatment was instead being directly discharged into the river.

“You did not mention anything about STPs in your affidavit, you are silent on this issue,” the Court told the AMC commissioner. It reprimanded the AMC for providing false figures, urging the civic body to cease misleading the court and to accept their mistakes.

“You are giving false figures, stop misleading the court, accept your mistake. Give us performance, not assurances. We have to take your class every time. … Sewage water should go to STPs but is being bypassed directly into the river,” the Court stated.

“Open drains are flowing (into the river) and you're telling us that STPs are working at 75 percent efficiency. Why don't you say this in your affidavit? Why does the GPCB have to say this?” the Court questioned the AMC's counsel, adding that there will be sewage water flooding Ahmedabad streets, waterlogging occurs even with one day of heavy rain.

The Court cited the example of the Vasna STP, noting that despite the integration of a 48 MLD facility with a 102 MLD facility, surplus sewage was still being directly discharged into the river. “See about 48 MLD Vasna STP in GPCB affidavit. You've integrated this with 102 MLD Vasna STP. After integration now what is happening? Surplus sewage of 102 MLD is directly flown in the river. And you've shown this STP achieving the norms.. Only in 1-2 STPs this sewage bypass is not observed. Do not show us your performance in terms of percentage efficiency until and unless you correct each and every STP. Every time we have to take you to task…(For) 60 MLD Pirana, during (GPCB's) visit, three bypass outlets were observed near the final outlet,” the Court stated.

Expressing strong displeasure with the AMC, the court criticized the civic body for providing misleading figures without addressing the root cause of the problem and for taking steps only a few days before filing affidavits or court dates. “We don't approve of this kind of practice,” the Court remarked.

The Court further criticized the AMC's excuses regarding industrial effluents affecting STP efficiency and highlighted the lack of proper construction and upgradation of STPs.

“Now with a lot of insistence by the court you have given us a blueprint but still you're not following the timeline given by you in the blueprint…you're giving us false facts, incorrect figures,” the court stated.

The Court emphasized the seriousness of the sewage bypass issue and expressed skepticism about the AMC's ability to address it effectively.

“Bypass is the most serious thing. And if you are closing these bypasses where would that water go? Streets in Ahmedabad will be flooded with sewage water….We are quite sceptical as to how you will address this. Your STPs are not efficient…4-5 STPs are in really bad condition and they are addressing the largest volume. Ultimately then where did you achieve 91 per cent efficiency? This is like giving a report card to yourself of your own performance and giving that 'I've achieved distinction in every subject' though you're an average performer,”the court remarked.

The Court instructed the AMC to address all deficiencies pointed out by the GPCB, warning that failure to do so would result in the court taking action. The matter has been scheduled for further consideration on August 8.

Case Title: Suo Motu Versus Ahmedabad Municipal Corporation Through The Municipal Commissioner, Ahmedabad & 3 Other(S)

Case No.: C/WPPIL/98/2021