National Green Tribunal
Balakrishnan R vs The District Collector on 16 March, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.8:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 125 of 2021 (SZ)
IN THE MATTER OF
R. Balakrishnan, Cuddalore
...Applicant(s)
Versus
The District Collector,
Cuddalore and Ors.
....Respondent(s)
Date of hearing: 16.03.2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. S. Kolandasamy.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R3, R5, R8 to R10.
Mr. P. Srinivas through Mr. N.K. Ponraj for R4.
Mr. S. Sai Sathya Jith for R6.
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ORDER
1. As per order dated 28.10.2021, this Tribunal had impleaded the Commissioner, HR&CE Department and the Block Development Officer, Parangipettai Panchayat Union as additional Respondent No.9 & 10 respectively, as per order in I.A. No.157 of 2021 (SZ). Since all the respondents wanted time to file their statement, the matter was adjourned to 29.11.2021 for consideration of further reports.
Thereafter, since no reports have been filed, the matter has been adjourned from time to time by successive notifications and lastly, it was adjourned to today by notification dated 04.02.2022.
2. We have received the Joint Committee report signed by some of the members with date 04.08.2021, e-filed on 15.03.2022 which reads as follows:-
"FACTUAL REPORT SUBMITTED BY THE JOINT COMMITTEE BEFORE THE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI WITH RESPECT TO ORDER PASSED BY TRIBUNAL FOR ORIGINAL APPLICATION NO. 125 OF 2021 (S2) Based on the orders of National Green Tribunal - Southern zone , The Collector of Cuddalore district has formed a joint committee to adhere to instructions given by Hon'ble NGT (SZ) on O.A no 125 of 2021 filed by Thiru.Balasubramaniam.
The joint committee comprises of 1. The Sub Collector, Chidambaram 2. The Commissioner of Chidambaram Municipality 3. The Executive Engineer, Public Works Department (WRO), Chidambaram 4.
Page 2 of 14District Environmental Engineer, Tamil Nadu Pollution Control Board, Cuddalore 5. The Executive Engineer, Tamil Nadu Water Supply & Drainage Board, Cuddalore.
The joint committee hereby submits a detailed report to the Hon'ble NGT(SZ).
QUESTION NO. (i) Whether the Solid Waste Management Rules, 2016 are being strictly implemented in Chidambaram Municipality.
Report The Solid Waste Management Rules 2016 are being implemented in Chidambaram Municipality as detailed below.
Chidambaram is a Selection Grade Municipality in Cuddalore District. The town was Constituted as Municipality during 1873 and upgraded as Selection Grade in the year 1998. The extent of the town is 4.82 sq.km The town is divided into 33 wards for Administrative purpose and total number of house hold 14058. The population of the town as per 2011 census is 62153 and the present population (2021) is about 66250. The ULB has one Bus stand, an important aspect is that lord Nataraja Temple is an important place in the town.
Total quantity of MSW generation of this town is 18.00 M.T per day with a per capita generation of 210 gms/day/person. The following activities under solid waste management are being carried out and the Bio degradable wet waste is handled through 4 Micro composting centres and 4 Onsite composting centres which are located in different parts of the town.
► Primary collection of Waste through door to door collection is being carried out.
►The wet waste are collected daily at every door step. ► The domestic and household hazardous waste such as sanitary napkins, diaper are collected daily and disposed through incinerators.
►E-waste, other hazardous waste and C & D waste collection also being practices.
►Animators are involved in imparting awareness and motivation to the households on source segregation through behavioural change.
The municipality is collecting the Solid waste through waste collectors daily by engaging 43 permanent municipal workers and 152 out sourced workers. 21 Battery Operated Vehicle (BOV), 7 Nos of light Page 3 of 14 commercial vehicles (LCV) and 34 Nos of pushcarts are being used for primary collection of waste from household. The identified 7 Nos bulk waste generators handled the wet waste themselves in their premises through own waste processing facilities as per the instruction given by the Chidambaram municipality.
Collection and transportation status The following vehicles are being used based on the norms prescribed for BOVs and LCVS.
► 21 BOVs are used to 400HH/vehicle / day ( 3 trips) ►7 LCVs are used at 1200 HH/vehicle / day (3 trips) ►1 tipper lorry for collection of C & D waste and waste from market.
Processing and disposal of Solid Waste Status.
►Bio degradable waste is being handled, processed and converted as compost at Micro Composting Centres established with decentralized approach in 4 locations with a capacity of 14 TPD ►Recyclable dry waste which is saleable is being sold to local recycling vendors and waste collectors are permitted to avail the monetary benefits from sale.
► Electronic waste, rubber, tyre, tube, bottles wastes are separated at resource recovery centres (RRC) and are sold to local recycling vendors and waste Collectors are permitted to avail the monetary benefits from sale.
►Non saleable dry waste such as soiled plastic, rags, cloths, used shoes, used mattresses, pillows, rexin covers, damaged bags and other combustible materials etc., is now being transported to Ariyalur Cement industries for disposal.
QUESTION NO ii) and iii) Allegation of encroachment into the water bodies in and around Chidambaram area and discharge of untreated sewage as detailed in the application and action taken in this regard.
Report In Chidambaram Municipal limit there were 94 encroachments in Omakulam tank, 71 encroachments in Nagachery kulam and 62 encroachments in Gnanaprakasamkulam were identified. All these encroachments in the above three water bodies have been evicted completely, and no encroachment exists in these water bodies and the discharge from the Page 4 of 14 encroachments are arrested completely. With regard to the encroachments in Nagacherykulam to omakulam channel, Omakulam to Gnaprakasam Kulam channel (Ward No.5, Block No. 11,12,13, T.S.No. 867, 868, 953, 955 and
938), there are 19 encroachments are identified by the town surveyor (Report and sketch enclosed). 47 encroachments are also identified by surveying the Thatchankulam (report enclosed). In addition to these, other water bodies and channels have also been surveyed totally and encroachments identified in total is 520 ( reports enclosed). Hence action is being taken to issue notice for eviction.
Further it is also to state that alternate site has not been provided for the evicted 227 families from the above three tanks for the past two years from the date of eviction. Proposal has been sent to the Tamil Nadu Slum clearance Board for the building houses to the evicted families.
With respect to the discharge of untreated sewage into the water bodies, 403 houses have been identified and notices have issued to the encroachers under Public Health Rules 34, 35, 36 & 41. Out of 403 houses, 172 houses are located in the temple lands/encroachment / Poromboke land which are not able to get UGS House service connection. Hence necessary action has been taken to get special permission from the Govt. to provide UGS house service connection to them. Action is also being taken to connect the remaining 205 houses to UGS system to prevent discharge of untreated sewage to water bodies by issuing notices to them. So far 38 houses have been effected with UGS house Service connections and action is being taken to provide house service connection to the remaining houses on or before 30.09.2021. So that the discharge of untreated sewage from the property tax assessed building will be completely arrested.
QUESTION NO iv) Measures taken to restore quality of water to enable the temple authorities to conduct the Theppotsavam.
Report The ancient town of Chidambaram in Cuddalore District of Tamil Nadu is blessed with a large number of tanks and Ponds. In total, there are 15 tanks including 3 temple tanks which are inter connected. All these tanks have traditionally been major sources of water with a rich history, carrying religious significance. Gnanaprakasam Tank is one of the tank, in which the Theppotsavam ritual in connection with Chidambaram Natarajar Page 5 of 14 Temples festival is being conducted. Over the years, this tank had been subjected to Siltation, Pollution and encroachment.
There were 96 Structural encroachment of houses had been identified near the tanks and on the bunds of Gnanaprakasam Tank, the encroachment existed for over 3 decades. The District administration and Municipal authorities have removed all the encroachments in the above tank during August-2019.
After eviction of encroachment, the municipality signed an MoU with Environmentalist Foundation of India (EFI) a Voluntary Organization that specializes in a scientific revival of Water bodies to carryout the task of cleaning and desilting the above tank. The EFI desilted the tank and made bunds from them on the borders of the tank. After formation of bunds Saplings were planted around the tank by the Volunteering groups such as Rotary Club and the Red Cross. Finally, fences were created around the tank to protect it and also to Prevent any future encroachment. After the cleanup drive it was seen at the onset monsoon last year when the tanks was filled with water.
There are 22 houses exists adjoining to the inlet channel of the above tank. The occupiers have made partial encroachment on the bunds of inlet channel and also discharge untreated grey water to the inlet channel, which pollutes the Gnanaprakasam Tank. Hence notices under Public health rules 1939 Section 34, 35, 36 and 41 have been issued to the Polluters to prevent discharge of untreated grey water to the water bodies and acknowledgement obtained. They have also instructed to divert the grey water to the under ground sewerage system through the House Service Connections. Further it is also to state that the traditional Theppotsava Mandapam at the Middle of the Tank is completely in damaged condition which needs to be reconstructed by the temple authorities to conduct the traditional festival.
QUESTION NO v) Ascertaining the nature and number of encroachments and steps taken to remove the encroachments Report The total number of encroachments identified in ponds and water channels is 520. Nature of encroachments are thatched houses, roof houses, toilets, compound wall, etc. The nature of encroachments have been given in Page 6 of 14 detail in the list enclosed. In addition to the Corona - 19 Pandemic issue and Suo moto writ admitted by the Hon'ble High court of Madras in W.P.No. 11993/2021, it is directed not to start any encroachment drives till 15.07.2021 and posted the matter on 13.09.2021. Hence, eviction notices are not issued so for. After getting suitable orders from the Hon'ble court, the eviction process will be started.
QUESTION NO vi).Compliance on the directions given by the Principal Bench of National Green Tribunal in O. A No. 606 of 2018 Report The direction given by the principal bench of National Green Tribunal in O.A No. 606 of 2018 have been complied with by the Chidambaram Municipality as detailed below.
Present status of Solid Waste Management in Chidambaram Municipality.
The quantity of MSW generation of this town is about 18 M.T / day. The following activities under Solid Waste Management are being carried out and the Bio degradable wet waste is handled through 4 Micro Composting centres and 4 onsite composting centres which are located in different parts of the town.
Collection and segregation process The Municipality is collecting the Solid Waste through Waste collections daily through 43 Municipal permanent workers and 152 out sourced workers. 21 Battery Operated Vehicle (BOV), 7 light commercial vehicle (LCV) and 34 pushcarts are being used for primary collection of waste from households. The collection of waste by bulk waste generators Separated by themselves and wet waste is being handled by them in their premises.
Transportation ►21 BOV vehicles are used at 400HH/vehicle / day (3 trips) ►7 LCV vehicles are used at 1200 HH / vehicle / day (3 trips) ►Primary collection at door steps is being done and wastes collected are directly transported to processing centres.
►21 BOV and 7 LCV covering 14058 households and 2623 commercial shops.
► 1 Tipper lorry for collection of C & D waste and waste from Page 7 of 14 markets.
Processing status and disposal of Solid Waste ►Bio degradable waste is being handled, processed and converted as compost at Micro Composting Centres established with decentralized approach in 4 locations with a capacity of 14 TPD ►Recyclable dry waste which is saleable is being sold to local recycling vendors and waste collectors are permitted to avail the monetary benefits from sale.
► Electronic waste, rubber, tyre, tube, bottles wastes are separated at resource recovery centres (RRC) and are sold to local recycling vendors and waste Collectors are permitted to avail the monetary benefits from sale.
►Non saleable dry waste such as soiled plastic, rags, cloths, used shoes, used mattresses, pillows, rexin covers, damaged bags and other combustible materials etc., is now being disposed to Ariyalur Cement industries.
Bio - Remediation of legacy waste Revamping of dump site through Bio-mining to Recover the land at Compost yard in Chidambaram Municipality.
The Solid Waste Collected by the Chidambaram Municipality for the past 40 years is disposed in the Compost yard of 4.48 Acres land located at C. Thandeshwaranallur. The estimated value of the legacy waste dumped at the compost yard as surveyed during April - 2018 was 86707 M3.
The Government of Tamil Nadu Sanctioned bio mining of 52000 m3 of legacy waste dumped at compost yard in Phase - I and granted Rs. 336 laks for the removal of 52000 M3 legacy waste. The Bio mining work was entrusted to M/s. Zigma Global Environ Solutions Private Limited, Erode and Chidambaram Municipality engaged the Centre for Environmental Studies (CES), Anna University, Chennai as consultant.
The Contract firm has completed the processing of 52000 M3 of legacy waste as per the agreement condition on 05.07.2021 and the segregated fractions are disposed of as per the tender conditions and the same was duly certified by the Centre for Environmental studies (CES), Anna University, Chennai. Nearly 3 Acres of land reclaimed due to this activities.
A proposal for Bio mining of balance quantity of legacy waste at Page 8 of 14 compost yard has been prepared at an estimated cost of Rs.280.00 lakhs and sent to Govt. of Tamil Nadu for sanction in Phase - II under SBM.
Liquid Waste Management Old underground sewerage system was implemented in Chidambaram town during the year 1969. Due to aging of pipes in collection system and pumping main the old UGS system had not been functioning properly. Hence it was decided to implement a new UGSS to Chidambaram town.
Providing UGSS to Chidambaram Municipality was administratively sanctioned by the Government of Tamil Nadu for an amount of Rs. 7562.23 lakhs as per G.O.(D) No. 28/MA&WS (MAIII) Dept / Dated : 27.01.2014. The work was awarded to M/s. Keyem Engineering Enterprises & M/s. Pure Enviro Engineering Pvt. Ltd. The work has been completed in all respects and the scheme is put into beneficial use from 28.05.2020 and it is being maintained by TWAD Board. Under the new Scheme, 10,000 House service Connections could be given. Presently 6312 HSC are shifted to new system and the remaining HSC will be shifted on or before 30.09.2021.
Since the Collection of sewerage in old system was discharged to the open drain at 3 pumping stations, necessary arrangements have been made to interlink the sewerage collected in the old system to the new sewerage pumping stations to avoid discharge of sewerage into the open drain. Further sewerage over flow in the old UGS System at 16 locations have been plugged to arrest the flow of sewage in to the SWD.
At present the sewages collected through Old UGSS and New UGSS in Chidambaram town is being pumped from 3 New pumping stations to the sewerage Treatment Plant at Lalpuram and Treated properly then let out as per the Pollution Control board norms.
The Chairman of Tamil Nadu Pollution Control Board (TNPCB) has appointed District Environmental Engineer as the committee member. He has also made joint inspection with municipality officers and given a report which states that compliance of Chidambaram municipality to the directions given by the Principal Bench of National Green Tribunal in O.A No. 606 of 2018 is satisfactory. The report of the TNPCB is also enclosed.
Detailed information on encroachments, Water body polluters, Page 9 of 14 steps taken by district administration to restore water bodies in Chidambaram are enclosed along with this report."
3. The 5th Respondent has filed two status reports signed by the officer on 15.11.2021, e-filed on 25.11.2021 and also another report signed on 02.02.2022, e-filed on 22.02.2022, of which, we are extracting the latest report namely, the report e-filed on 22.02.2022 which reads as follows:-
"STATUS REPORT FILED BY THE 5th RESPONDENT I, K.Kantharuban, aged 50 (DB:08.03.1972) years and presently working as Executive Engineer, PWD/WRD, Coleroon Basin Division, Chidambaram, Cuddalore District do hereby solemnly swear and state as follows.
I am the 5th respondent in the above application, pending before this Tribunal. As the Executive Engineer, I am well aware of the facts of this case and I am filing this Status Report as per the direction of this Hon'ble Tribunal.
The water body flowing in Chidambaram Municipal area is named as "Khan Sahib Canal." which belongs to the Water resources Department (PWD), under the control of Coleroon Basin Division, (WRD) Chidambaram. A part of Khan Sahib Canal is running in the Chidambaram town area for a length of 5 km.
The above canal is being maintained by removing the floating plants and removing congestions during every rainy season for free flow of water. During November 2020 also, floating machineries were used to remove the silt and obstructions like water hyacinth. Moreover, 94 encroachers were identified in Khan Sahib Canal during 2018.
Now in order to remove the encroachments, a. Form-I has been received from the Tahsildar, Chidambaram regarding the encroachers, Page 10 of 14 b. Form - Il has been prepared and displayed on notice board in the concerned Taluk Office, VAO Office, R.I Office and relevant offices for information.
c. Form - III - has been issued to the encroachers by PWD officials and Revenue Officials on 21-10-2021 for eviction purpose.
d. We, the WRD Engineers started to remove the encroachment on 23.12.2021 in the presence of concerned revenue officials and police. But the people (encroachers) opposed for eviction and requested to RDO for further time of one month for removing the structures / encroachments by themselves.
e. Further a peace meeting was conducted on 24.12.2021 in the RDO office regarding this issue and discussed about allocation of alternate site to the encroachers before eviction.
f. In continuation of this, The Sub-committee meeting was again conducted on 30.12.2021 in RDO office in presence of RDO Chidambaram, Thasildar Chidambaram, Municipal commissioner Chidambaram, AEE/WRD, Police inspector Chidambaram and finally sub-committee decided that the date for eviction will be fixed after local body election.
Further it is submitted that necessary action will be taken to carry out the eviction work after Feb'24 (after Municipal election) Move over, a letter has been communicated to the Municipal Commissioner, Chidambaram vide this office Lr.No.141M/F/JDO/2021/Dated:-18-06-2021 regarding discharging directly the sewage water in to this Canal. It has been informed to treat the sewage water before allowing in the water body.
The Respondent humbly submits and prays that this Hon'ble Tribunal may be pleased record this Status Report and pass any order or orders accordingly. This Respondent submits that this Respondent will abide the orders of this Hon'ble Tribunal."
4. It is seen from the report that still certain encroachments will have to be removed. The report showed that further action of eviction will be taken after the municipal elections were over. Unless the Page 11 of 14 encroachments were removed, whatever steps taken by the authorities to rejuvenate the water body would not be of any effect.
Unless the encroachments are removed, inlets and outlets of the water body cannot be restored to have more freshwater coming to the water bodies which will have an impact on the water storage system and also groundwater recharge system in that area.
5. It is also seen from the report that the UGSS has not been completed so far. The report did not show as to what was the time line within which the same could be completed as well. There were some improvement in the collection of garbage and disposal of the same.
Though it was mentioned in the Joint Committee report that steps would be completed for giving service connection to the house to the UGSS on or before 30.09.2021, it was not known as to what is the present status of the same.
6. The State Pollution Control Board is also directed to file their further report regarding the implementation of the Solid Waste Management Rules, 2016 and functioning of the STP etc. Though it was mentioned in the report submitted by the Pollution Control Board that the work of the STP was completed, it was not clear as to whether it was made to operate. So, the Chidambaram Municipality, State Pollution Page 12 of 14 Control Board, the District Collector - Cuddalore District and the Commissioner for Municipal Administration are directed to file their independent reports regarding the stage of implementation of the Solid Waste Management Rules, 2016, completion of the UGSS and operation of the STP etc.
7. The District Collector - Cuddalore District is also directed to file the report regarding the steps taken by them for removal of encroachment and restoration of the water bodies to its original position.
8. They are directed to submit their respective reports to this Tribunal on or before 26.04.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
9. The Registry is directed to communicate this order to the official respondents and also to the Chidambaram Municipality, State Pollution Control Board and the District Collector - Cuddalore District and the Commissioner for Municipal Administration by e-
mail for their information and compliance of directions.
Page 13 of 1410. For consideration of further progress - cum - action taken report, post on 26.04.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.125/2021 (SZ) 16th March 2022. Mn.
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