National Green Tribunal
N.Samiraja vs The District Collector Perambalur on 11 August, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.7:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.86 of 2021 (SZ) &
I.A. No.107 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
N. Samiraja,
Perambalur District.
...Applicant(s)
Versus
The Chief Engineer,
Tamil Nadu Public Works Department,
Chennai and Ors.
...Respondent(s)
Date of hearing: 11.08.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mr. S.R. Rajagopal along with
Mr. A. Ramesh.
For Respondent(s): Dr. D. Shanmuganathan for R1, R3, R5.
Mr. C. Kasirajan through
Ms. D. Ashwini for R2 & R4.
Page 1 of 17
ORDER
1. As per order dated 23.03.2021, this Tribunal had admitted the matter and appointed a Joint Committee to go into the question and submit a report.
Thereafter, as per order dated 02.08.2021, this Tribunal had advanced the hearing from 24.08.2021 to 02.08.2021 as per order in I.A. No.106 of 2021 (SZ) and directed the Tamil Nadu Pollution Control Board as well as the State respondents to file their counter statement in the interlocutory application, as the question involved is whether the untreated sewage water can be discharged into Kallaru River through the proposed drainage system. The Tamil Nadu Pollution Control Board was also directed to file an independent report in this regard and then, the matter was posted to 05.08.2021 for that purpose. On 05.08.2021, this Tribunal had considered the earlier order passed on 02.08.2021 and directed the authorities to file an independent reports as directed and posted the case to 10.08.2021 and thereafter, on 10.08.2021, it was adjourned to today due to want of time.
2. When the matter came up for hearing today through Video Conference, Mr. S.R. Rajagopal along with Mr. A. Ramesh represented the applicant.
Dr. D. Shanmuganathan represented respondents 1, 3 & 5.
3. The Joint Committee has filed the report signed on 05.05.2021, e-filed on 07.05.2021 and received on 24.05.2021 which reads as follows:-
Page 2 of 17"Joint Inspection Report as per the Hon'ble National Green Tribunal order dated 23.03.2021 passed in O.A.No: 86 of 2021 (SZ) Carried out by the Joint Inspection Committee on 29.04.2021 1.0 Order of the Hon'ble National Green Tribunal Dated 23.03.2021 The Hon'ble National Green Tribunal took the application filed by Thiru N. Samiraja, Perambalur District on board and passed directions in application No 86 of 2021(SZ) through order dated 23.03.2021 as under.
"In order to ascertain the genuineness of the allegations made, we feel it appropriate to appoint a joint committee comprising of (1) The District Collector, Perambalur District or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate to be deputed by the District Collector, (2) a Senior Officer from the Tamil Nadu Pollution Control Board (TNPCB) as designated by its Chairman,(3) a Senior Officer from not below the rank of Superintending Engineer from Public Works Department (PWD) and Water Resources Organisation (WRO) who is in charge of that area to inspect the area in question and submit a factual as well as action taken report, if there is any violation found.
The committee is also directed to ascertain as to the nature of drainage system that is likely to be provided, the nature of discharge of sewage that is being followed in that area, whether proper drainage system has been provided including the treatment facility of sewage being collected through the public drain before it is being discharged into the water body.
The committee is also directed to ascertain as to whether the Solid Waste Management Rules, 2016 is being strictly implemented in that area and if not what is the action taken by the regulators against such authorities or persons who are violating the same as has been directed by the Principal Bench of National Green Tribunal in O.A No: 606 of 2018.
The Committee is also directed to conduct the water analysis test in the sewage canal as well as the river at different Page 3 of 17 locations in respect of Faecal Coliform (FC) and Total Coliform (TC) apart from other criteria to be analysed to assess the quality of the water and if there is any contamination caused on account of the illegal activities then they are directed to suggest the remedial measures for rectifying the same and if there is any sewage treatment plant provided, then, conduct analysis of its quality after taking samples from inlets and outlets of the sewage treatment system if any to ascertain as to whether it confirms to the standard provided and if not, suggest the nature of upgradation required and to assess the environmental compensation against those persons for causing pollution.
The Public Works Department (PWD) will be the nodal agency co-ordination and also for providing necessary logistics for this purpose.
The Committee is directed to submit the report to this Tribunal on or before 07.05.2021 by e- filing."
It is respectfully submitted that based on the Hon'ble National Green Tribunal order dated: 23.03.2021 the joint committee has been constituted as follows Sl. Officer appointed Officer appointed by No
1. District Revenue Officer, The District Collector, Perambalur Perambalur District, District, Perambalur vide Lr. No:
Perambalur. e.f. b2 / 0070 / 2021 / Dated
26.04.2021
2 District Environmental The Member Secretary, TNPCB,
Engineer, Chennai vide Lr No: TNPCS / LAW
TNPCB, / LA_III / NGT / 008139 / 2021 /
Ariyalur District Dated 23.04.2021
3 Superintending Engineer, Engineer- in- Chief, WRD & Chief
WRD, Middle Cauvery Engineer (General)., PWD,
Basin Circle, Trichy-20. Chepauk, Chennai vide Lr No: S7(3) / 20313 / Trichy Court Case- NGT / OT2 / 2017-2 / Dated 21.04.2021 The above Committee was decided to inspect the dispute area on 29.04.2021 to access the present state of affairs and also the genuineness of the allegation mentioned as ordered by the Hon'ble National Green Tribunal.
Page 4 of 172.0 Introduction about the alleged area • V.Kalathur is a village, situated in Veppanthattai Taluk of Perambalur District.
• The total extent of the village is 13.56 Sq.Km and it has a population of about 10245 numbers as per the 2011 senses with 2135 numbers of residential and commercial establishments.
• The villagers depend on agricultural for their livelihood having lands in the vicinity of the village.
• Further the village is situated in the bank of Kallar river. • As per the gradient of the village the rain water drains into Kallar river.
3.0 Details about the river Kallar The origin of river Kallar is from Pachamalai Hills of Veppanthattai Taluk, Perambalur District and it confluence into the river Vellar in Peraiyar Village, Veppanthattai Taluk, Perambalur District.The Vellar river finally confluences with Bay of Bengal near Parangipet, of Cuddalore District.
The total length of the Kallar River is 86 Km and the ayacut benefitted is 591 acres. The maximum discharge of this Kallar river is 42,148 cusecs. The width of the Kallar river at V.Kalathur village is about 135.00 m.
The river Kallar is not a perennial river and its source is the rain water during monsoon period. The entire stretch of the river is under the jurisdiction of Water Resources Department 4.0. Observations made in relevant of Hon'ble National Green Tribunal order.
1. It is respectfully submitted that the committee inspected the alleged area at V.Kalathur village on 29.04.2021.
• The village has a population of 10245 numbers as per the 2011 senses with 2135 numbers of residential and commercial establishments.
• As directed by the Hon'ble National Green Tribunal, the committee at the time of inspection collected samples of stagnated water at 4 locations in Kallar river and send for analysis to Advanced Environmental Lab, Tamil Nadu Pollution Control Board Page 5 of 17 ,Salem, and the detail report of the committee will be furnished on receipt of the Report of analysis from Tamil Nadu Pollution Control Board . "
4. The Tamil Nadu Pollution Control Board filed a report dated 10.08.2021, e-filed on the same day and received today which reads as follows:-
"REPORT FILED ON BEHALF OF THE 2nd & 4th RESPONDENTS
- TAMIL NADU POLLUTION CONTROL BOARD I, J. Josephine Sahayarani, D/o. Jesu Rajan, Christian, aged about 56 years, having my office at No. 76, Mount Salai, Guindy, Chennai - 600032, do hereby solemnly affirm and sincerely state as follows:
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai and I am filing the status Report on behalf of the 2nd & 4th Respondents Tamil Nadu Pollution Control Board and as such I am well acquainted with the facts of the case as per records.
2. It is respectfully submitted that the Hon'ble National Green Tribunal (Southern Zone) in its order dated 23.03.2021, has directed inter alia as follows:
"Para 10: In order to ascertain the genuineness of the allegations made, we feel it appropriate to appoint a joint committee comprising of (1) The District Collector, Perambalur District or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate to be deputed by the District Collector, (2) a Senior Officer from the Tamil Nadu Pollution Control Board (TNPCB) as designated by its Chairman, (3) a Senior Officer from not below the rank of the Superintending Engineer from Public Works Department (PWD) and Water Resources Organisation (WRO) who is in charge of that area to inspect the area in question and submit a factual as well as action taken report, if there is any violation found. Para 11: The committee is also directed to ascertain as to the nature of drainage system that is likely to be provided, the nature of discharge of sewage that is being followed in that area, whether proper drainage system has been provided including the treatment facility of sewage being collected through the public drain before it is being discharged into the water body.Page 6 of 17
Para 12: The committee is also directed to ascertain as to whether the Solid Waste Management Rules, 2016 is being strictly implemented in that area and if not what is the action taken by the regulators against such authorities or persons who are violating the same as has been directed by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018. Para 13: The committee is also directed to conduct the water analysis test in the sewage canal as well as the river at different locations in respect of Faecal Coli Form (FC) and Total Coli Form (TC) apart from other criteria to be analysed to assess the quality of the water and if there is any contamination caused on account of the illegal activities then they are directed to suggest the remedial measures for rectifying the same and if there is any sewage treatment plant provided, then, conduct analysis of its quality after taking samples from inlets and outlets of the sewage treatment system if any to ascertain as to whether it confirms to the standard provided and if not, suggest the nature of upgradation required and to assess the environmental compensation against those persons for causing pollution. Para 14: The Public Works Department (PWD) will be the nodal agency for coordination and also for providing necessary logistics for this purpose. Para 15: The Committee is directed to submit the report to this Tribunal on or before 07.05.2021 by e-filing."
3. It is respectfully submitted that further the Hon'ble National Green Tribunal (SZ), Chennai passed an order dated dt: 18.06.2021 inter alia that, Para 6: The Tamil Nadu Pollution Control Board is directed to submit an independent report as to whether any sewage is being discharged into the water body and whether the Solid Waste Management Rules, 2016 is being implemented and the direction issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 in this regard were strictly complied with by the local body and if not, what is the nature of action taken by them.
4. It is submitted that in pursuance to the above Hon'ble NGT order, the said area was inspected on 30.06.2021 and on 02.07.2021 as per the Hon'ble National Green Tribunal (SZ), Chennai and the following observation were made • V.Kalathur is a Village, situated in Veppanthattai Taluk of Perambalur District.
Page 7 of 17• The village is situated in the bank of Kallar River. • The total extent of the village is 13.56 Sq.km and it has a population of about 10160 numbers.
• The village generates Solid wastes of quantity 0.5 Tonnes per day • The Solid Wastes generated from the village area were collected through door to door mechanism and the village panchayat utilizes push cart for collection of municipal solid wastes generated from the village. • The village has three solid waste processing facilities within its boundary, 2 facility in Mettuchery of capacity 1 Ton each and other at Melatheru of capacity 1 Ton for the treatment of solid wastes generated. • The generated Solid wastes are partially segregated and vermin composted, the segregated plastics are sold out to recyclers. • The village partially dumps the generated solid wastes in the river Kallar at Latitude 11°24'08.5"N & Longitude 78°55'57.1"E and so far the dumped and accumulated solid wastes in the river Kallar is about 60 Tons by the village.
5. It is respectfully submitted that there are no proper drainage system facility in the village V.Kallathur at present most of the residential houses in the village have septic tank arrangement system for sewage treatment and the over flow from the septic tank along with sullage was observed to be discharged into storm water drains and thereby drains into Kallar River and gets stagnated in the river bank.
6. It is respectfully submitted that the report analysis of the collected sample reveals that the samples are exceeding the prescribed standards of Sewage Treatment Plants and further it is submitted that there are no industries located in the village and hence there is no illegal discharge of any trade effluent and the only discharge is the domestic Sewage/Sullage generated from the village. The village administration may provide adequate sewage treatment plant for the treatment of sewage generated from the village.
7. It is respectfully submitted that the Consolidated Report of analysis of the samples collected is submitted below:
Page 8 of 178. It is respectfully submitted that the Hon'ble National Green Tribunal (Principal Bench) in its order dated. 28.02.2020 in O.A. No.606 of 2018 vide para 41 (a) has directed that "in view of the fact that most of the statutory timelines have expired and directions of the Hon'ble Supreme Court and this Tribunal to comply with Solid Waste Management Rules, 2016 remain unexecuted interim compensation scale is hereby laid down for continued failure after 31.03.2020.
Any such continued failure will result in liability of every Local Body to pay compensation at the rate of Rs. 1 lakh per month per other Local Body from 01.04.2020 till compliance and vide para 41 (b) has directed that not commenced the legacy waste remediation process, the interim compensation of Rs. 1 lakh per month to be paid by the local bodies having population less than 5 lakhs from 01.04.2020 till compliance".
9. It is respectfully submitted that in view of the above, as the population of the V.Kalathur Village as on date is about 10160 numbers, the Environmental Compensation to the V.Kalathur Village Panchayat to be levied is calculated as follows, for not strictly implemented the Solid Waste Management Rules, 2016, for the solid waste generated from the said village Page 9 of 17 panchayat area. April, 2020 to June 2021 - Rs. 1 Lakh/month x 15 Months = Rs. 15 lakhs.
10. It is respectfully submitted that the total Environmental compensation to be remitted by the V.Kalathur Village Panchayat is amount of Rs. 15 lakhs. The TNPCB vide its proceeding dated 22.07.2021 has issued Show Cause Notice to the Block Development Officer, Veppanthattai Panchayat Union, Perambalur District as to why the Board shall not levy interim Environmental Compensation for the non-compliance of the Solid Waste Management Rules, 2016. As such the V.Kalathur village has not strictly implemented the Solid Waste Management Rules, 2016, thereby by disposing and dumping the solid wastes in the river Kallar at Latitude 11°24'08.5"N & Longitude 78°55'57.1"E.
12. Further it is respectfully submitted that, the TNPCB has issued directions under section 33A of the Water (P&CP) Act, 1974 vide proceeding dated 26.07.2021 to the Block Development Officer, Veppanthattai Panchayat Union of Perambalur District to comply with the following:
i. The local body (V.Kalathur) shall immediately stop the discharge of untreated Sewage/Sullage effluent generated from the village into the River Kallar.
ii. The local body shall provide full fledged underground sewerage scheme with sewage treatment plant with in period of 31.03.2022 for the treatment of sewage / sullage generated from the residences located in V. Kalathur Village.
iii. The local body shall immediately remove the accumulated quantum of solid wastes and to stop further disposal of solid wastes dumping in the river Kallar bed.
iv. The local body shall provide proper treatment and disposal method for solid waste as per Solid Waste Management Rules 2016. Further the Block Development Officer is also informed that the local body is liable to pay Environmental Compensation as per the order of the Hon'ble NGT(PB) in O.A.No.606 of 2018 dated 02.07.2020 for non-commencement of setting up of STPs before 31.03.2020 (i.e.,) for the period from 01.04.2020 to July, 2021.
Under the above circumstances, it is humbly prayed that this Hon'ble Page 10 of 17 National Green Tribunal (Southern Zone) may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice."
5. The District Collector has filed the report with photographs dated Nil, e-
filed on 04.08.2021 and received on 09.08.2021 which reads as follows:-
"Report on construction of structure for disposal of grey water in V.Kalathur I submit the following regarding the construction of structure for disposal of grey water in V.Kalathur village in Veppanthattai Block in Perambalur District.
Thiru.N. Samiraja had filed an Original Application. No:86/2021 before the Hon'ble National Green Tribunal regarding the discharge of untreated sewage into the "Kallar" river. Thiru.Samiraja in his application has said that almost all the residents in the area are allowing their sewage to be discharged into the river. As per the orders of the Hon'ble National Green Tribunal, South Zone, Chennai, dt:23.03.2021, a committee was formed as per Proc. No:0070/2021/D2, Dt:26.04.2021, for joint inspection and filing a report.
The committee has filed their joint inspection report on 07.05.2021. After going through the report the Hon'ble National Green Tribunal, South Zone, Chennai, in their order dt:18.06.2021, has directed the Tamil Nadu Pollution Control Board to submit an independent report as to whether any sewage is being discharged into the water body and whether the Solid Waste Management Rules, 2016 is being implemented and the direction issued by the Principal Bench of National Green Tribunal, New Delhi in 0.A. No:606 of 2018 in this regard were strictly complied with by the local body and if not, what is the nature of action taken by them. The Hon'ble National Green Tribunal, South Zone, Chennai has also directed the District Collector to submit an independent report before the Hon'ble Tribunal.
Meanwhile, Thiru. N.Samiraja has filed an Interlocutory Application in the Original Application No:86 of 2021 stating that pending outcome of Page 11 of 17 the Original application, the 3rd respondent (District Collector, Perambalur) had issued an order dt:14.07.2021 bearing reference no:468/2020/A3 directing for a mechanism for sewage treatment before disposal into the Kallru river.
The details of the construction of the safe disposal structure of the grey water as mentioned in the affidavit are given hereunder. Representations were received for safe disposal of stagnated water in the Main road sides, Muslim street and Bazaar Street in V.Kalathur Village in Perambalur District.
Administrative sanction was accorded for the construction of structure for the safe disposal of grey water produced from 7 houses, 3 small hotels (mess) and 38 various commercial establishments in Muslim street, Main road sides, Bazaar street at an estimate cost of Rs.9.15 Lakhs from out of Village Panchayat General Fund of V.Kalathur as per Proc.
No:2423/2017/A5, Dt:15.10.2018.
When the work was started, objections were raised by the people of Rayapanagar (a habitation of V.Kalathur), as that discharge of the grey water in their habitat area will lead to health hazards to the residents. The work was stopped temporarily. Earth work, foundation concrete (PCC 1:4:8) for 187 m, earthwork for soak pits was completed when the work was stopped (Value of work done is Rs.91000/- approx). Meanwhile Thiru .Jameel Basha s/o Mohammed Ali filed a W.P.No:5945/2020 before the Hon'ble High Court of Chennai seeking direction to resume the work, and the Hon'ble High Court has issued orders directing the official respondents to pass orders on the representation of the petitioner.
The District Collector, being the first respondent has passed orders in compliance with the direction of the Hon'ble High Court of Chennai after considering all the facts, depositions, various representations and proposals as per the Proceedings Rc.No:0468/2020/A3, Dt:14.07.2021, to commence the work immediately so that the stagnated grey water will be disposed off safely. The project contains three soak pits at 76m, 106m and 185m (end point) so that the grey water discharged will be siphoned off within the soak pits itself. The details of the scheme have been elucidated to the people of Rayapanagar also.
Page 12 of 17 It is submitted that, the grey water discharged from the above mentioned houses and commercial establishments were stagnated years together as there is no proper way of disposal. The huge quantity of stagnated water was a hotspot of epidemic disease for the population in nearby area. As there are as many 38 commercial establishments and messes, the floating population is more. It is the responsibility of the District Administration to take up preventive measures and ensure safety for the public from health hazard. Before passing the orders to resume construction, the District Collector has inspected along with the other authorities of various departments. It was ascertained that immediate execution of a suitable project for safe disposal of stagnated grey water is urgently needed. Further delay in execution of the project may lead the stagnated water to become an active breeding source for water and vector borne disease. Hence, it has become just and proper to find out a solution that is suitable for safe disposal of stagnated water, in order to ensure safety of the public, women and children.
The grey water discharged will not reach Rayapanagar, as this habitation is located in diagonally opposite direction. Hence, construction of the structure will not create health hazards to the residents of Rayapanagar. As of now the work was completed.
The project has been designed for the safe disposal of the grey water and this is not a Solid Waste Management Project. The grey water discharged from the 7 houses, 3 small hotels (mess) and 38 various commercial establishments in Muslim street, Main road sides, Bazaar Street into the structure now constructed is not directed into the Kallaru River. It is respectfully submitted that the statement of the applicant as that the water is disposed into Kallaru River is not true. Suitable technical aspects were taken into care while execution of the project also. Kallaru is situated on the North side of the road, however the present construction was taken up on the south side of the road and there is no link between the drainage and Kallaru river. Hence, as contended by the petitioner the question of discharging of sewage water into water body does not arise regarding this project."
Page 13 of 176. In the report submitted by the District Collector, it was mentioned that there is no sewage collection through this proposed project, but they are only intending to collect the grey water that is being discharged from the houses in that particular area. But, the report of the Pollution Control Board shows otherwise.
7. The report of the Pollution Control Board says that overflow from the septic tanks are being mixed with the storm water drain which ultimately reaches the Kallaru River and the water analysis report shows the presence of huge amount of Faecal Coliform. If this nature of water is likely to be collected in the guise of grey water collection through this project, then there is a possibility of contamination being caused to the soil if it is collected in the soak pit, which they intend to construct for collection of so called grey water.
8. So, in order to ascertain the real picture, we feel it appropriate to direct the Tamil Nadu Pollution Control Board to inspect the area in question to ascertain the nature of construction that is being done and nature of discharge which they are going to collect through this proposed drain, whether it is ultimately treated as scientific method of disposal of the so called grey water without causing damage to the riverine environment, whether there is any possibility of percolation of water into the river causing pollution to the river water and if this scheme is not eco-friendly, Page 14 of 17 then they are directed to suggest methodology by which the same can be rectified to make it an eco-friendly scheme, so that the Public Works Department (PWD) can be directed to convert this into such a form so as to ensure that no untreated sewage or grey water reaches the Kallaru River.
9. The Tamil Nadu Pollution Control Board is directed to inspect the area in question along with the District Collector who is supervising this project to remedy the situation in that area and the Public Works Department immediately and file a detailed report to this Tribunal.
10. The Pollution Control Board & the District Collector are also directed to mention as to how the sewage water generated in that area is being handled by the authorities and how the overflow from the septic tank is being prevented/handled and if not, what is the mechanism provided in order to avoid the unethical process of discharging the same into the river and what are all the methodology to be adopted to make it environment friendly one. The Pollution Control Board is also directed to file a further action taken report pursuant to the show cause notice said to have been issued by them.
11. The District Collector is also directed to file an independent report regarding the sewage treatment facility that is being provided in that Page 15 of 17 panchayat and if there is no proper system provided, what is the interim arrangement that can be made to avoid sewage water being mixed with the storm water drain which ultimately reaches the Kallaru River, as the District Collector is also having some responsibility as provided under Rule 12 of the Solid Waste Management Rules, 2016 to monitor the implementation of the rules in the respective area and if there is any difficulty for the local bodies, then it is for the District Collector to provide methodology to handle the same in an environment friendly manner.
12. The parties are directed to file their objections (if any) to the report already filed before the next hearing date.
13. The above said officials are directed to file their independent report as directed by this Tribunal on or before 03.09.2021 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.
14. In the mean time, both the Block Development Officer and the District Collector are directed to ensure that no untreated sewage or grey water reaches the Kallaru river.
15. The Registry is directed to communicate this order to the above mentioned officials by e-mail immediately so as to enable them to comply Page 16 of 17 with the direction.
16. For consideration of further report and completion of pleadings, post on 03.09.2021.
Sd/-
........................................J.M. (Justice K. Ramakrishnan) Sd/-
.....................................E.M. (Dr. K. Satyagopal) O. A. No.86/2021 & I.A. No.107/20201, 10th August, 2021. Mn.
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