National Green Tribunal
Tribunal On Its Own Motion Based On The ... vs The Chief Secretary To Govt. Of ... on 24 June, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.01:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 130 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
SUO MOTU - Chennai's Sanitation workers live the
Horrors of a broken waste disposal system
...Applicant(s)
Versus
1. The Chief Secretary to Govt. of Tamil Nadu,
Government Secretariat, Fort, St. George,
Chennai, Tamil Nadu - 600 009.
2. The Principal Secretary to Government of Tamil Nadu
Health and Family Welfare Department,
Government Secretariat, Fort, St. George,
Chennai, Tamil Nadu - 600 009.
3. The Secretary to Government of Tamil Nadu,
Department of Environment, Forests & Climate Change,
Government Secretariat, Fort, St. George,
Chennai, Tamil Nadu - 600 009.
4. Additional Chief Secretary to Govt. of Tamil Nadu,
Municipal Administration and Water Supply Department,
Government Secretariat, Fort, St. George,
Chennai, Tamil Nadu - 600 009.
5. The Chairman,
Tamil Nadu Pollution Control Board,
No. 76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600 032.
1
6. The District Collector,
Chennai District,
District Collectorate Office,
No. 62, Rajaji Salai, 4th Floor,
Chennai - 600 001.
7. Greater Chennai Corporation,
Rep. by its Commissioner,
Ripon Building,
Chennai - 600 003.
8. The Superintending Engineer,
(Solid Waste Management),
Greater Chennai Corporation,
Ripon Building, Chennai - 600 003.
9. Tamil Nadu Waste Management Limited,
Rep. by its Nodal Person,
Tamil Nadu Waste Management Project,
CHWTSDF Gummidipoondi
Tiruvallur - 601 201.
10. G. J. Multiclave (India) Pvt. Ltd.,
Rep by its Nodal Person,
New No. 20, Old No. 37,
Teachers Colony,
Kamarajar Avenue, Adyar,
Chennai - 600 020. ...Respondent(s)
Date of hearing: 24.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu by Court
For Respondent(s): Mr. Arun represented
Mr. C. Harsharaj for R1 to R4 & R6
2
Mr. C. Kasirajan through
Ms. D. Ashwini for R5
Mrs. P. T. Rama Devi through
Mr. Raghul Adithya for R7 & R8
ORDER
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in digital news platform named, the 'News Minute' dated 19.05.2021, under the caption "Chennai's Sanitation workers live the horrors of a broken waste disposal system"
2. The article has projected the pathetic condition of the sanitation workers employed for collection of waste, of having not been provided with necessary safeguards and safety measures while being engaged for such purposes.
3. It is also seen from the newspaper report that though certain methodology was provided for the purpose of collecting the medical waste that is being generated by COVID-19 patients, who were put under house quarantine in a scientific manner, but that was only on paper and most of the persons are mixing those wastes with other waste and put in the common dustbin which goes unnoticed results in being dumped in dump yards along with other waste causing concern for the health of the people.
4. According to the newspaper report the unhygienic conditions 3 in which such wastes are being allowed to be collected results in spreading of this infection in an alarming rate among the workers engaged for this purpose.
5. It is also mentioned in the newspaper report that adequate number of masks and gloves were not provided even to the sanitation workers, so as to follow the standard operation protocol stipulated to tide over the COVID - 19 pandemic. It is also reported that a large number of sanitation workers affected with Corona Virus Infection due to non-adoption of Standard Operation Protocols (SOPs).
6. On going through the allegations made in the newspaper report, this Tribunal is satisfied that there arises a substantial question of environment which requires the interference of this Tribunal, as the Bio-medical waste that is being generated by the patients of COVID-19 infected, who were allowed to take treatment under home quarantine protocol is not being collected and disposed. So the application is admitted.
7. When the matter came up for hearing for admission today through Video Conference, Mr. Arun represented Mr. C. Harsharaj counsel for 1 to 4 & 6, Mr. C. Kasirajan through Ms. D. Ashwini represented 5th respondent and Mrs. P.T. Rama Devi through Mr. Raghul Adithya represented counsel 4 for respondents 7 and 8.
8. Issue notice to the respondents by Registered post with acknowledgement due, and also by e-mail along with the copy of the newspaper report and the gist of the Suo-Motu proceedings with full cause title.
9. The Tamil Nadu Pollution control Board (TNPCB) as well as the Commissioner, Greater Chennai Corporation (GCC) are directed to submit their independent reports regarding the allegations made in the newspaper report, steps taken by them to safe guard the interest of the sanitary workers who are engaged in such activities, the statistics showing the number of sanitary workers affected during this period and the nature of precautions taken by them to avoid spreading of the virus among sanitary workers, what is the methodology adopted by them for collection and disposal of Bio-medical waste like masks, gloves and other equipments used by COVID-19 affected patients who are undergoing treatment under home quarantine advice.
10. The Tamil Nadu Pollution Control Board (TNPCB) is also directed to file a report, as to what is the nature of action taken by them, when such incidents were brought to their notice, what is the mechanism adopted by them for checking such irregularities in implementation of Bio-medical waste in 5 their respective area.
11. The Tamil Nadu Pollution Control Board and Greater Chennai Corporation (GCC) are directed to submit their respective reports to this Tribunal on or before 26.07.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules.
12. The Registry is directed to communicate this order to the official respondents immediately through e-mail along with the copy of the news paper report and the gist of the Suo Motu proceedings with full cause title so as to enable them to comply with the direction and for filing their independent response regarding the allegations made in the news paper report.
13. For appearance of parties, submitting their independent responses and also for consideration of report as directed, post on 26.07.2021.
Sd/--
....................................J.M. (Justice K. Ramakrishnan) Sd/--
.................................E.M. (Dr. K. Satyagopal) O.A. No. 130/2021 24.06.2021, Sr. 6