National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 16 March, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.02:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 168 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU
Based on the News item in Indian Express Newspaper,
Chennai Edition dated 25.08.2020," Sewage discharge into
Open SWDs irks Porur residents". ...Applicant(s)
Versus
1) The Principal Secretary to Government
Public Works Department,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600009.
2) The Secretary to Govt. of Tamil Nadu,
Department of Environment,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600009.
3) The Principal Secretary to Govt. of Tamil Nadu,
Health and Family Welfare Department,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600009.
4) Additional Secretary to Govt. of Tamil Nadu,
Municipal Administration and Water Supply Department,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600009.
5) The Chairman,
Tamil Nadu Pollution Control Board,
No. 76, Anna Salai, Guindy,
Chennai, Tamil Nadu 600 032.
6) The District Collector,
1
Chennai District,
District Collectorate Office,
No. 62, Rajaji Street, 4th Floor,
Chennai- 600 001.
7) Greater Chennai Corporation,
Rep. by its Commissioner,
Ripon Building, Chennai 600 003.
8) Vanagaram Panchayat,
Chokkalingam Naicker 5th St, Ganapathi Nagar,
Vanagaram, Chennai, Tamil Nadu - 600 095.
9) National Highway Authority of India (NHAI)
Project Director, SRI Tower, 3rd Floor DP-34 (SP),
Industrial Estate, Guindy, Chennai - 600 032.
(R8 & R9 Suo Motu impleaded as per the order of the Tribunal dated
13.01.2021) ...Respondent(s)
Date of hearing: 16.03.2021.
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 to R4, R6 & R8
Sri. C. Kasirajan through
Ms. D. Ashwini for R5.
Sri. Ragul Aditya represented
Smt. P.T. Ramadevi for R7.
Smt. M. Sumathi represented
Sri. Su. Srinivasan for R9
ORDER
1. The above case has been SuoMotu registered by this Tribunal on the basis of the news paper report and as per order dated 07.09.2020, a joint committee was appointed to go into the issue 2 and submit the report and it was posted to 27.10.2020 for that purpose. Thereafter, the matter was taken up on 27.10.2020 and the matter was adjourned to 10.11.2020 at the request of the committee to file the report. On 10.11.2020, the matter was adjourned to 16.12.2020 and on 16.12.2020 the matter was adjourned to 13.01.2021 by successive notification. On 13.01.
2021, this Tribunal had considered the joint inspection report filed on behalf of the Greater Chennai Corporation which was extracted in Para 3 of the order and then passed the following order:-
"4. It is quit unfortunate that the report submitted by the Corporation is evasive and general in nature, admitting certain miscreants discharging the untreated sewage into the storm water drain in that area which is being collected either from Greater Chennai Corporation or from the neighbouring panchayat.
5. It is mentioned in the report that the National Highway Authority of India (NHAI) is the authority who has to look into these issues and they are not party to the proceeding. Further, it is also mentioned in the report that the sewer lorries is coming under the jurisdiction of Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) and the Greater Chennai Corporation is not a competent authority to take action against sewer lorries.
But it is quite unfortunate that they failed to note the fact that under the Chennai City Municipal Corporation Act, 1919, they are bound to take action against those people who are causing nuisance and polluting the storm water drain. But such a proactive action has not been taken from the side of the Corporation, except sending some letter to the Assistant Commissioner of Police to register the case as CSR (Community Service Register).
6. Normally, when such reports are received and if it is a non-cognizable offence, then they will register the same in the Community Service Register 3 maintained in the police station and after conducting the enquiry, if they are satisfied that some case will have to be registered, then they will submit a proper report to the Court.
7. If it is a cognizable offence, then they will register FIR and then conduct investigation. However, merely sending some report to the police chief regarding the incident will not be sufficient on the part of the regulator in preventing such things being happening in future.
8. Further in similar matters, this Tribunal had issued directions to evaluate the mechanism for monitoring the registered vehicles that are permitted to collect sewage water and track their movements through GPS from the place of collection, till it is being disposed of in an authorized area to trace their movement so that if any mischief is being done by permitted operators, then it can be traced out and action can be taken against them.
9. But nothing has been mentioned in the report as to whether such a mechanism was evaluated by the Corporation to avoid such incidents.
10. The Corporation is directed to file an independent report as to what are the action taken by them for abating the nuisance said to have been caused on account of this incident and what is the mechanism evaluated by them for monitoring the same to avoid such things in future.
11. The Joint Committee has not filed the report so far. Unless the Joint Committee report comes, it may not be possible for this Tribunal to ascertain as to the nature of thing found by them and what is the recommendation given by them to avoid such things in future which were sought for by the Tribunal.
12. Further, the local body is also having its own responsibility in view of the observations made by the Hon'ble Apex Court in Ratlam Municipality case1 to avoid such nuisance being perpetuated within their jurisdiction. Further, the District Collector being the District Magistrate is having a responsibility to take steps to avoid public nuisance being caused on account of discharge of untreated sewage water into the storm water drain which ultimately reaches the water body and likely to pollute the water quality in the water body.
13. It is not known as to what is the action taken by the Assistant Commissioner of Police on the basis of the letter said to have been given by Corporation as CSR.
14. When this was pointed out, the learned counsel appearing for the State department as well as the Corporation and also the Pollution Control Board 1 1980 (4) SCC 162, 1980 AIR 1662 4 submitted that they will come with the Joint Committee Report and also independent reports regarding the issue and steps to be taken to avoid such things and action taken against miscreants independently. It is clear from the report submitted by the Corporation that such things are happening and some of the tanker lorries which are permitted to carry the sewage are responsible for the same as well.
15. On the basis of the contentions raised by the Corporation, we feel that it is necessary to implead the Vanagaram Panchayat in which some portion of the link road/by-pass service road passes and also the Project Director, National Highway Authority of India (NHAI), Chennai as additional respondent 8 & 9 respectively. So, they are impleaded accordingly. 16. The Office is directed to carry out the amendment in the cause title and also serve the copy of the order along with the newspaper report and the gist of the Suo Motu proceeding to them as well, so that they can come with their independent report in this regard
17. Further, it is seen from the newspaper report that they have shown the presence of certain vehicles in that area. If proper enquiry is conducted with the newspaper reporter who published the news, then they may be able to trace out the owner of the vehicle from the picture, and some action against that particular owner of the vehicle could have been taken which may give a signal to others that if they indulge in such things, they will also be liable to meet such consequences and prevent them from venturing in such mischief in future
18. These things will have to be considered by the committee while filing the report. So, the committee is also directed to consider the observations made by this Tribunal and file a proper action taken report against the miscreants instead of saying that some lorries are doing such things and giving certain instructions to association of lorry owners who are involved in carrying the sewage water as done in other cases.
19. The committee is directed to submit the report to this Tribunal on or before 22.02.2021 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.
20.The Registry is directed to communicate this order by e-mail immediately to the members of the committee, official respondents including the District Collector of the respective area to enable them to comply with the direction of filing the report and independent reports as directed by this Tribunal 5 regarding the action taken on their part to mitigate the situation and avoid such things being happening in future in their respective jurisdiction.
2. Further on the basis of the contentions raised by the Greater Chennai Corporation, this Tribunal had Suo-Motu impleaded Vanagaram Panchayat and also the Project Director, National Highway Authority of India (NHAI), Chennai as additional respondents 8 & 9. The case was posted to 22.02.2021 for completion of pleadings and also for further report. On 22.02.2021, at the request of the respondents, the matter was adjourned to today.
3. When the matter came up for hearing today through Video Conference, Dr. V.R. Thirunarayanan represented respondents 1 to 4 & 6 & 8, Sri. C. Kasirajan through Ms. D. Ashwini represented 5th respondent, Smt. P.T. Ramadevi through Sri. Ragul Adithya represented 7th respondent and Smt. M. Sumathi represented Mr. Su. Srinivasan counsel for 9th respondent. So service is complete.
4. The Joint Committee has not filed the further report as directed.
Apart from that, the individual respondents also have not filed their independent statement regarding the action taken from their side to avoid such things being recurring in future, which they are expected to file independently apart from joining the 6 committee as the members of the committee. Though on the last hearing date, it was informed that the report was already ready and it would be filed, but the report has not been filed so far.
5. Considering the circumstances, we feel that one more opportunity can be given to the committee to submit the report in compliance with the directions issued by this Tribunal as per order dated 13.01.2021 on or before 15.04.2021.
6. The learned counsel appearing for the Greater Chennai Corporation submitted that the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) is regulating the private Tanker Lorries which are involved in the collection of sewage and disposal of the same and it is for them to implement the directions issued by this Tribunal regarding the GPS being provided in such vehicles.
7. So under such circumstances, we feel that it is necessary to Suo-
Motu implead Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) represented by its Managing Director, Chennai and they are impleaded as additional 10th respondent.
8. The Registry is directed to issue notice to the newly impleaded respondent along with the earlier orders passed and the present order, so as to enable them to come with a proper action taken 7 report to avoid such things being happening in future.
9. All the respondents are directed to file their independent response if any, they want to file on or before 15.04.2021 by e-
filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
10. The Registry is directed to communicate this order to the members of the committee and also to the official respondents immediately by e-mail, so as to enable them to comply with the direction.
11. For consideration of further report and for completion of pleadings, post on 15.04.2021.
...................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.168/2020 16th March 2021, Sr. 8