National Green Tribunal
National Green Tribunal Southern Zone vs The District Collector Chengalpattu ... on 4 January, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.10
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 40 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu initiated proceedings
based on the News item published in
The Time of India, Chennai edition dt.17.02.2020
Under the caption "Sewage flows into surplus channel
In Kovilambakkam"
The District Collector,
Chengalpattu District and Ors.
...Respondent(s)
Date of hearing: 4.1.2021
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): By Court.
For Respondent(s): Dr. V.R. Thirunarayanan for R1& R4
Mr. C. Kasirajan through
Ms. Meena for R2
Mr. P. Srinivas for R3
ORDER
As per order dated 28.10.2020, this Tribunal had considered the report filed by the Commissioner, Pallavaram Municipality and directed the District Collector, Chengalpet District and the 1 Block Development Officer, Kovilampakkam Panchayat Union to consider the issues in respect of their area and submit a proper action plan to mitigate the issue of discharge of untreated sewage into the surplus channel in Kovilampakkam Lake which ultimately reaches Kilkattalai - Narayanapuram Lake and thereby polluting the lake water and it was posted from time to time for that purpose by successive notifications.
2. When the matter came up for hearing today through Video Conference, Dr. V.R. Thirunarayanan represented respondents 1 and 4, Sri. C. Kasirajan through Ms. Meena respondent 2nd respondent and Sri. P. Srinivas represented 3rd respondent.
3. Learned counsel appearing for respondent 1 and 4 submitted that if some more time is granted they may be able to come with the status report.
4. It is quite unfortunate that the official respondents are not taking care of discharging their responsibility towards the Tribunal which is dealing with important issues of protecting environment which is happening within their jurisdiction. There is a duty cast on the Government machinery to protect environment as provided under Article 48-A of the Constitution of India. The District Collector is also responsible for monitoring the implementation of these issues under Rule 12 of the Solid 2 Waste Management Rules, 2016. Inspite of the onerous responsibility on them, they are not rising to the occasion of meeting the situation and remedying the same at the earliest possible time.
5. However, considering the circumstances, we feel that some more time can be granted. The District Collector, Chengalpet District and also the Block Development Officer, Kovilampakkam Panchayat Union are directed to submit their independent report regarding the situation and also to remedy the situation as well.
6. The Committee has also not filed the report so far. When this was pointed out, the learned counsel appearing for the State institutions submitted that if some more time is granted, the Committee will come with the report.
7. The Committee as well as the respondents are directed to submit their independent response and report respectively. The Pollution Control Board is also directed to file their independent action taken report for non-compliance of the Solid Waste Management Rules, 2016 and discharge of untreated sewage into the water body. They are directed to submit the report as well as independent response as directed on or before 4.2.2021 to this Tribunal by e-filing at [email protected].
8. The Registry is directed to communicate this order to the The District Collector, Chengalpet District, the Block Development 3 Officer, Kovilampakkam Panchayat Union, Pollution Control Board and the Members of the Committee through e-mail immediately so as to enable them to comply with the directions of this Tribunal.
For consideration of independent response and report, post on 4.2.2021.
...................................J.M. (Justice K. Ramakrishnan) ...............................E.M. (Shri. Saibal Dasgupta) O.A. No.40 of 2020 4.1. 2021 kkr 4