National Green Tribunal
E Velusamy vs The President Kanakampaalayam ... on 18 February, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.13:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.245 of 2021 (SZ) &
I.A. No.19 of 2022 (SZ)
(Through Video Conference)
IN THE MATTER OF:
E. Velusamy,
Tiruppur.
...Applicant(s)
Versus
The President,
Kanakampaalayam Panchyat
Tiruppur and Ors.
...Respondent(s)
Date of hearing: 18.02.2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s): Dr. D. Shanmuganathan for R1, R3 & R4.
Mr. S. Sai Sathya Jith for R2.
Page 1 of 22
ORDER
I.A. No.19/2022 (SZ):
1. This is an interlocutory application filed by the Original Applicant to implead the Block Development Officer, Tiruppur Panchayat Union as additional 4th Respondent, as they are the supervisory authority of the implementation of the Waste Management Rules in panchayat areas.
So, the interlocutory application is allowed and the Block Development Officer, Tiruppur Panchayat Union, Tiruppur Panchayat Union Office, Court Street, Kumaran Road, Tiruppur - 641 601 is impleaded as additional 4th Respondent and I.A. No.19 of 2022 (SZ) is disposed of accordingly.
2. The Registry is directed to carry out amendment in the cause title. The applicant is directed to produce the amended copy of the Original Application within three days.
O.A. No.245/2021 (SZ):
3. Additional 4th Respondent is impleaded as per order in I.A. No.19/2022 (SZ).
4. Dr. D. Shanmuganathan entered appearance for Respondents No.1, 3 and newly added 4th Respondent and Mr. S. Sai Sathya Jith represented 2nd Respondent. So, service complete.
Page 2 of 225. The Block Development Officer/4th Respondent has filed an independent report signed on 15.02.2022, e-filed on 17.02.2022 which reads as follows:-
"INDEPENDENT REPORT FILED BY BLOCK DEVELOPMENT OFFICER (VILLAGE PANCHAYATS) TIRUPPUR
1. Background In the matter of Original application No. 245 of 2021, Thiru.E.Velusamy, S/o. Eswaramoorthy has filed an application before the Hon'ble NGT stating that "...there is no proper sewage system in that area. On account of the stagnation of untreated sewage water in agricultural lands of the applicant which is surrounded by more than 750 houses, it case serious health hazards to the people in the locality. Though complaints were made to the authorities and the second respondent has inspected the area and directed the first respondent to provide necessary Under Ground Sewage System (UGSS) to avoid discharge of untreated sewage into private land, no effective steps have been taken by them ...... The applicant has approached the National Green Tribunal (Southern Zone), Chennai seeking the following reliefs
a) Direct the respondents to set up an effective drainage system and or treatment facility in Kanakkampalayam village to ensure safe collection, treatment and release of sewage in a time bound manner,
b) Direct the respondents to remediate the lands and well belonging to the applicant situated in survey numbers 199/1 and 198/ 1A in Kanakkampalayam, perumanalur vazhi, Tiruppur 64166.
c) Direct the 1st respondent to pay compensation to the applicant as determined by the respondent"
The Hon'ble NGT in its order dated 03.01.2022 has ordered that ".... The Tamilnadu State Pollution Control Board, District Environmental Engineer, Tiruppur District, Block development Officer-Kanakampalayam Village Panchayat, Tiruppur District and also the District Collector, Tiruppur District are directed to file their independent report regarding the allegations made in the application and the nature of action taken from their Page 3 of 22 side to prevent such mischief being caused by the first respondent and if there is any violation found, what is the nature of action taken by them as providing a public sewage system is one of the important service that has to be rendered by the local bodies for the purpose of protection of health of people in that locality".
In this connection, I submit that, the Applicant land and open well located in the S.F.no:199/1 and 198/1A1 Kanakkampalayam Village, Tiruppur North Taluk, Tiruppur District was inspected jointly by Block Development Officer(V.P), Tirupur with the officials of Tamil Nadu Pollution Control Board on 11.02.2022 and it was noticed that there are approximately 650 houses belonging to Sri Kamatchi Nagar Extension (around 5 Houses) and Washington nagar of Kanakampalayam Panchayat is located adjacently on the southern side to the land of the applicant .
The Washington Nagar area is located within 250 M distance(approximate) from the applicant's land.
1). I submit that almost all the houses in Kankkampalayam Village including Washington Nagar and Kamatchi Nagar Extension are provided with septic tank latrines or soak pits. Only clean water used for domestic purposes alone let into the drainage. All the house owners who own septic tank toilets are periodically cleaning and disposing the deposits in their toilets. Hence there is no possibility of contaminated water in the soak pits let into the existing drainage. The statement of this applicant that contamination of drinking water through seepage of drainage into his agricultural land and as well as others of Kanakkampalayam village leads to health hazards are all untrue. The second respondent has stated that the applicants well water is not contaminated and also has not recommended for any compensation in his independent report. According to section 146 of Tamil Nadu panchayat Act 1994 "No person shall be entitled, save as otherwise expressly provided, to compensation for any damages sustained by reason of any action taken by the authorities of a panchayat Union Council or a Village Panchayat in pursuance of their powers under this chapter".
2). I submit that this applicant has not obtained any drinking water supply pipe connection from the panchayat to his house in his agricultural field. This applicant is using only the water from his well in his field for all Page 4 of 22 his domestic purposes, for rearing his cattle's and for agricultural purposes. This applicant's family members and his cattle's are not affected in any way. Therefore it may be construed that applicants well in his field is not at all contaminated or not affected due to the existing drain passing through his field.
3). I submit that the Block health supervisor of Perumannallur Primary Health Centre has inspected on 29.01.2022, Washington Nagar, Kamatchi Nagar and adjacent places in Kanakkampalayam village and the Survey Field Nos. 197/1B,198/1A, in which a two common community soak pit is constructing in order to divert the drainage water from the above said place and accorded his no objection certificate in his letter dated 29.01.2021 for the location of community soak pit proposed to be constructed stated supra.
4). I submit that S.F.No.197/1B of Kanakkampalayam village belongs to one M.Kariappan son of MalliChettiar who is the promoter of Washington Nagar Layout, as per the following records:
1) Purchase document No.3935 dated 07.11.2022,
2) Chitta issued by Revenue Authorities dated 30.01.2022,
3) Pata No 1537 issued by Revenue Authorities dated 30.01.2012.
The above said M. Kariappan has solemnly affirmed by proper Affidavit before the Notary Public on the following aspects.
1. That he would, by execution of a Gift deed, properly handover to Kannakkampalayam Panchayat the portion of land required for the construction of common Community Soak Pit S.F.No.197/13 at Kannakampalayam Village, Tiruppur North Taluk.
2. That he would construct a common community soak pit at his own cost in the SF.No.197/1B of Kanakkampalayam village, at the site approved by the Block Health Supervisor, Primary Health Centre, Perumanallur on 29.01.2022
3. That be would completely arrest the existing flow of drainage water to S.F.No. 199/1 and 198/1A and divert it to the proposed common community soak pit to be located at S.F.No.197/1B at his own cost, and assuring common community soak pit construction work completed within 31.3.2022.
Page 5 of 224. That he would periodically clean and maintain the said common community soak pit at his own cost.
5.That he would at his own cost carryout all the directions of Kanakkampalayam Panchayat issued to him at any point of time relating to the common community soak pit stated supra.
Accordingly he has executed an affidavit before the Notary Public at Avinashi on 31.01.2022.
5). I submit that the common community soak pit in S.F.Nos. 197/1B and S.F.Nos. 198/1A,199/1, is being constructed and the works in progress in order to arrest the existing flow of drainage water to S.F.No.199/1 and 198/1A and now to divert it to the said common community soak pit. This work will be completed within 31.3.2022 (approximate) and put into public use. Two common community soak pit with sucking capacity is 71000 litre each (approximate). The deposits in this community soak pit will be periodically collected and disposed by the promoter in an proper manner, as agreed by him. Now there is no flow of drainage water in to the applicants Land.
Hence, for the foregoing reasons stated ut supra, it is humbly prayed that this Hon'ble Tribunal may be pleased to dismiss this application as devoid of merits and may pass any such other orders as this Hon'ble Tribunal may thinks fit and proper to the facts and circumstances of the case."
6. The 1st Respondent also filed an independent report dated 17.02.2022, e-
filed on the same date which reads as follows:-
"INDEPENDNET REPORT FILED BY 1st RESPONDENT I, P.Shanmugasundaram, S/o. Palanisamy (Late) Hindu, aged 51 years, holding the post of President/Executive Authority of Kanakkampalayam Panchayat, Tiruppur North Taluk, Tiruppur District, Pin 641 666, do hereby solemnly affirm and sincerely state as follows:
1) I state that I am the President/Executive Authority Kanakkampalayam Panchayat Tiruppur North Taluk, Tiruppur District Pin 641 666 and first respondent herein and as such I am well Page 6 of 22 acquainted with the facts and circumstances of the case from the available records.
2) I have perused the application filed by the Applicant in support of the application and deny all the allegations and averments set out in the application except those are specifically admitted hereunder and put the applicant to strict proof of the same.
3) I state that the above application is filed seeking interim relief as hereunder: (A)Issue an order of injunction restraining this 1st Respondent From discharging sewage into the Applicants agricultural lands situated in Survey No.199/1 and 198/1A in Kanakkampalayam, PermanallurVazhi, Tiruppur 641 666. (B) Direct the 2nd respondent to compute the damages caused to the applicants land and quantity of compensation payable by the 1st respondent for damages caused to the applicants land by illicit discharge of sewage. (C) Issue such other orders as it deems fit in the interest of the case.
4) I state that the above application is also filed with the following prayer. a) Direct the Respondents to set up an effective drainage system/or treatment facility in Kanakkampalayam Village to ensure safe collection, treatment and release of savage in a time bound manner. b) Direct the respondents to remediate the lands and well belonging to the applicant situated in survey Numbers 199/1 and 198/1A in Kanakkampalayam, Permanallurvazhi, Tiruppur 641 666. c) Direct the 1st respondent to pay compensation to the Louble por la applicant as determined by the 2nd respondents d) Issue such other orders as it deems fit in the interest of the case. 5) I state that section 232 of Tamil Nadu Panchayat Act 1994 reads as hereunder:
"232 Protection of Chairman, President and officers acting in good faith: No suit or other legal proceeding shall be brought against the Chairman, Commissioner, President, Executive Authority, Secretary or any member, officer or servant of a panchayat or any person acting under the direction of a panchayat or of such Chairman, Commissioner, President, Executive Authority, Secretary, Member, officer or servant in Se respect of any act done or purporting to be done under the Act or in respect of any alleged neglect or default on his part in the execution of any law, regulation or order made under it, if such act was done, or such neglect or Page 7 of 22 default occurred in good faith, but any such proceeding shall, so far as it is maintainable in a court, be brought against the panchayat except in case of suits brought under section 234"
6) I state that section 230(1) of Tamil Nadu Panchayat Act 1994 reads as hereunder: "230(1) Sanction of prosecution when the President or the Executive Authority or the Chairman or vice Chairman of a The Panchayat Union councillor District Panchayat or the Commissioner or the Secretary or any member is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of the Government".
7) I state that section 137 of Tamil Nadu Panchayat Act 1994 relates to Immovable property required by village panchayats and panchayat union councils may be acquired under the Land Acquisition Act, 1894 which reads as hereunder: "137 Any immovable property which any village panchayat or panchayat Union council is authorized by this Act or any rules made there under to acquire may be acquitted under the provisions of Land Acquisition Act, 1894 (central Act 1 of 1894), and on payment of compensation awarded under the said Act, in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in the village panchayat or panchayat Union council as the case may be"
8) I state that according to section 146 of Tamil Nadu Panchayat Act 1994, "No person shall be entitled, save as otherwise expressly provided, to compensation for any damages sustained by reason of any action taken by authorities of a panchayat union council or a village panchayat in pursuance of their powers under this chapter".
9) I state that when the then President of Kanakkampalayam Panchayat has thought to initiate necessary proposal to acquire the required land of this applicant in S.F.No.199/1 and 198/1A for construction of a drain as there was no other suitable low line land available, this applicant has came forward with a view to escape from the said land requisition proposal, also to drop that proposal to be initiated and allowed then the existing public drain to pass through within his agricultural land, to reach the disposal point situated out of his field. Accordingly by this earthen drain has been formed and in use for the past several years and this applicant has Page 8 of 22 not raised any objection to do so then. Now only this applicant is making complaints and filed this application with bad intention to harass this 1st respondent for which the reasons are best known to this applicant only. This applicant has all of a sudden blocked the free flow of drainage water to reach its disposal point from the said drain water at the low level border of his field by raising bund now only and completely stopped the free flow out of this applicants field. Thus applicants has Se magically diluted the drain water with the recently stagnated rain water with malafide intention to show the drain water stagnates at a very large level at the bottom of the bund within applicants agricultural field. This applicants well is situated in a very long distance from the existing drain stated supra and there has been no possibility of contamination of applicants well water. In good sense in the welfare of public of this locality, if this applicant permits the panchayat to construct a pucca concrete drain instead the existing earthen drain at the cost of the panchayat there would be no O possibility of contamination of applicants well lifelong.
10) I state that all most all the houses in Kanakkampalayam village including Washington Nagar and Kamatchi Nagar Extension are provided with septic tank latrines or soak pits. Only clean water used for domestic purposes alone let into the drainage. All the house owners who own septic tank toilets are periodically cleaning and disposing themselves the deposits in their toilets. There is no possibility of contaminated water in the soak pits let into the drainage. The statement of this applicant that contamination of drinking water through seepage of drainage into his agricultural land and as well as of Kanakkampalayam village leads to health hazards are all false. The second respondent has not stated that the applicant's well water is contaminated and also has not recommended for any compensation in his independent report. According section 146 of Tamil Nadu Act 1994 No person shall been titled, save as otherwise expressly provided, to compensation for any damages sustained by reason of any action taken by the authorities of a panchayat Union Council or a Village Panchayat in pursuance of their powers under this chapter. No person The adjacent land owner who is cultivating agricultural produces with good yield using his well water including his domestic purposes and for cattle's has not complained like this petition.
Page 9 of 2211) I state that this applicant has not obtained any drinking water supply pipe connection from the panchayat to his house in his agricultural field. This applicant is using only the water from his well in his field for all his domestic purposes, his cattles and for agriculture purposes. This applicant's family members and his cattles are in good health. This applicants agricultural produces are in good yield. Therefore it may be constructed that applicants well in his field is not at all contaminated or affected due to the existing drain passing through his field. 12) I state that the Block Health Supervisor of Perumanallur Primary Health Centre has inspected Washington Nagar and adjacent places in Kanakkampalayam village on 29.10.2022 and the survey field Nos. 197/13 and 197/2B in which community soak pit is proposed to be constructed in order to arrest the drainage water from the above said place and accorded his no objection certificate in his letter dated 29.01.2021 for the location of community soak pit proposed to be constructed stated supra.
13) I state that S.F.Nos. 197/13 part and of Kanakkampalayam Village belongs to M.Kariappan son of MalliChettiar as per purchase deed Number 3935 dated 07.11.2002, Chitta issued by Revenue Authorities dated 30.01.2022 and patta No.1537 issued by Revenue Authorities dated 30.01.2022. The above said M.Kariappan has solemnly affirmed by proper Affidavit before the Notary public on the following aspects.
1) That he would by execution of a Gift deed, properly handover to Kanakkampalayam Panchayat the portion of land required for the construction of common community soak pit in S.F.No.197/1B at Kanakkampalayam Village. 2) That he would construct a common community soak pit at his own cost in the S.F.No.197/1B of Kanakkampalayam Village, at the site approved by the Block Health Supervisor, Primary Health Centre, Perumanallur on 29.01.2022. 3) That he would completely arrest the existing flow of drainage water to S.F.No.199/1 and 198/1A and divert it to the proposed common community soak pit to be located at S.F.No.197/1B at his own cost. 4) That he would periodically clean and maintain the said common community soak pit at his cost. 5) That he would at his own cost carryout all the directions of Page 10 of 22 Kanakkampalayam Panchayat issued to him at any point of time relating to the common community soak pit stated supra.
14) I state that Rural Development and Panchayat Raj Department of Government of Tamil Nadu, have issued guidelines in connection with establishment of liquid waste management systems in Tamil Nadu According to this guidelines cross section of drawing for community soak pit vertical filter has been prescribed. The Dimensions prescribed are 4.46m (Diameter) x 2.25m (Depth). Accordingly a common community soak pit in S.F.No.197/1B is being constructed with a measurement 6.09 mtr Dia and 3.04 mtrs depth. This community soak pit will be completed before 15.03.2022 and maintained as per guidelines prescribed. As on date, the existing drainage water is completely blocked without entering in to the petitioner's land. An extra community soak pit is also being constructed by the panchayat, in S.F.No.198/1A which belongs to the panchayat with a view to alternative use whenever situations warrants. This extra soak pit will be completely before 31.03.2022.
15) I state that Kanakkampalayam Panchayat is located at the border of Tiruppur city Municipal Corporation. I am keenly watching the fast developments taking place in the nearby surroundings up above levels of this applicant's agricultural field in his S.F.No. 199/1 and 198/1A. Whenever if there is naturally no possibility of extending the existing drain in any other alternative way, necessary proposals for acquiring the land required for drainage purposes from this applicant's land stated supra would be initiated as per section 137 of Br Tamil Nadu Panchayat Act 1994 for the welfare of the public and on good faith and with a view that no ill health situations arise in the area in the feature.
Hence, for the foregoing reasons stated supra, it is humbly prayed that this Hon'ble Tribunal may be pleased to dismiss this application as devoid of merits and may pass any such other orders as this Hon'ble Tribunal may thinks fit and proper to the facts and circumstances of the case."
Page 11 of 227. The District Collector also filed an independent report dated Nil, e-filed on 17.02.2022 which reads as follows:-
"REPORT SUBMITTED BY THE DISTRICT COLLECTOR, TIRUPPUR BEFORE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHE ZONE), CHENNAI IN THE MATTER OF ORIGINAL APPLICATION No. 245 OF 2021 (SZ), FILED BY THIRU. E. VELUSAMY Vs THE PRESIDENT, KANAKKAMPALAYAM PANCHAYAT, TIRUPPUR AND OTHERS AS PER ORDER DATED 3rd JANUARY 2022
1. Background A complaint was received from Thiru. E. Velusamy, S/o. Eswaramoorthy on 07.07.2021 forwarded to the Tiruppur City Municipal Commissioner and District Environmental Engineer, Tiruppur.
Further, in the matter of Original application No. 245 of 2021, Thiru.E.Velusamy, S/o. Eswaramoorthy has filed an application before the Hon'ble NGT Vs The President, Kanakkampalayam Panchayat, Tiruppur, The District Environmental Engineer, Tamilnadu Pollution Control Board, Tiruppur North, and District Collector, Tiruppur stating that ".... there is no proper household wastewater system in that area. On account of the stagnation of untreated household wastewater water in agricultural lands of the applicant which is surrounded by more than 750 houses, it case serious health hazards to the people in the locality. Though complaints were made to the authorities and the second respondent has inspected the area and directed the first respondent to provide necessary Under Ground Household wastewater System (UGSS) to avoid discharge of untreated household wastewater into private land, no effective steps have been taken by them ...... The applicant has approached the National Green Tribunal (Southern Zone), Chennai seeking the following reliefs
a) Direct the respondents to set up an effective drainage system and or treatment facility in Kanakkampalayam village to ensure safe collection, treatment and release of household wastewater in a time bound manner. b) Direct the respondents to remediate the lands and well belonging to the Page 12 of 22 applicant situated in survey numbers 199/1 and 198/ 1A in Kanakkampalayam, Perumanalur vazhi, Tiruppur 64166.
c) Direct the 1st respondent to pay compensation to the applicant as determined by the respondent"
The Hon'ble NGT in its order dated 03.01.2022 has ordered that".... The Tamilnadu State Pollution Control Board, District Environmental Engineer, Tiruppur District, Block development Officer-Kanakampalayam Village Panchayat, Tiruppur District and also the District Collector, Tiruppur District are directed to file their independent report regarding the allegations made in the application and the nature of action taken from their side to prevent such mischief being caused by the first respondent and if there is any violation found, what is the nature of action taken by them as providing a public household wastewater system is one of the important service that has to be rendered by the local bodies for the purpose of protection of health of people in that locality".
In connection to this, the Applicant land and open well located in the S.F. No:199/1 and 198/1A1, Kanakkampalayam Village, Tiruppur North Taluk, Tiruppur District was inspected by the officials of Tamilnadu Pollution Control Board and Kanakkampalayam Panchayat on 20.1.2022. There are approximately 650 houses belonging to ngton Nagar and Sri Kamatchi Nagar Extension (around 5 Houses) of Kanakkampalayam Panchayat is located adjacently on the southern side to the land of the applicant. The Washington Nagar area is located within 250 M distance (approximate) from the applicant's land. The Washington Nagar is developed by Thiru, M. Kariappan, S/o. Malli Chettiyar. Household wastewater from part of the Residential buildings located in this area is reaching the applicant land. It was informed by the local body officials that only household wastewater from 150 residential houses are being carried through the public drainage before confluencing into the pond located in the applicant's land. There is small earthen pond (kuttai) in the applicant's land. The household wastewater flowing through the drainage reaches this pond and getting stagnated since the pond is located in low lying area.
During inspection on 20.01.2022 water sample was collected by the TNPCB officials from the applicant Thiru. E.Velusamy's open well and sent to District Environmental Laboratory, Tamilnadu Pollution Control Board, Page 13 of 22 Tiruppur for analysis. The details of the report of analysis dated. 28.01.2022 is tabulated below.
Also a sample was collected by the TNPCB officials on 21.01.2022 and sent to M/s. Enviro Care for analysis of Coliform bacteria. The details of report of analysis dated. 28.01.2022 is tabulated below.
Based on the above report of analysis, it was ascertained that presently there is no intrusion of household wastewater in the well water of the applicant.
In order to prevent the flow of wastewater into the applicant's land the Kanakkampalayam Panchayat was instructed to take necessary action. As a preventive measures the Kanakkampalayam Panchayat has taken up construction of community soak pits at the locations mentioned below.
Details of Community Soak Pit - I (under construction) location - Washington Nagar The Community Soak Pit - I which is under construction in the S.F.No.197/1B of Kanakkampalayam Village belongs to Thiru. M.Kariappan S/o. Malli Chettiar who is the promoter of Washington Nagar Layout. The size of the Community Soak Pit - I is 16-0" X 20' 0" X 9'-9". The land ownership of Thiru. Kariappan S/o. MalliChettiar is as per the following records:
1. Purchase document No.3935 dated 07.11.2022. 2. Chitta issued by Revenue Authorities dated 30.01.2022. 3. Patta No.1537 issued by Revenue Authorities dated 30.01.2022.Page 14 of 22
Affidavit furnished by the Promoter Thiru. M.Kariappan S/o. MalliChettiar for construction of Community Soak Pit - I at Washington Nagar with the following submissions:
Thiru. M.Kariappan has solemnly affirmed by proper Affidavit before the Notary Public on the following:
i. That he would, by execution of a Gift deed, properly handover to Kannakkampalayam Panchayat the portion of land required for the construction of community Soak Pit S.F.No.197/13 at kannakkampalayam Village, Tiruppur North Taluk.
ii. That he would construct a community soak pit at his own cost in the S.F.No.197/1B of Kanakkampalayam village, at the location approved by the Block Health Supervisor, Primary Health Centre, Perumanallur on 29.01.2022.
iii. That he would completely arrest the existing flow of drainage water to S.F.No.199/1 and 198/1A and divert it to the proposed community soak pit to be located at S.F.No.197/1B at his own cost and assuring community soak pit construction work will be completed within 31.03.2022.
iv. That he would periodically clean and maintain the said community soak pit at his own cost.
v. That he would at his own cost carryout all the directions of Kanakkampalayam Panchayat issued to him at any point of time relating to the community soak pit.
Thiru. M.Kariappan S/o. Malli Chettiar has executed an affidavit before the Notary Public at Avinashi on 31.01.2022 and the copy of the same is enclosed as Annexure-I. Details of Community Soak Pit - II (under construction) location - Sri Kamatchi Nagar Extension The Community Soak Pit - II which is under construction is located in the S.F.No.198/1A & 199/1 of Kanakkampalayam Village belongs to Kanakkampalayam Panchayat. This Community Soak Pit - II will be constructed by the Kanakkampalayam Panchayat. The size of the Community Soak Pit - II is 4.46 M X 4.46 M X 2.25 M depth.
Construction of both the Community Soak Pits are under progress and the same will be completed within 31.03.2022.
Page 15 of 22On 29.01.2022 the Block health supervisor of Perumannallur Primary Health Centre has inspected the Washington Nagar, Sri Kamatchi Nagar Extension and adjacent places in Kanakkampalayam village and the Survey Field Nos.197/1B,198/1A proposed for the construction of two community soak pits so as to divert the drainage and accorded no objection certificate through letter dated 29.01.2022 for the location of community soak pit proposed (Annexure - II).
Joint inspection of Tamilnadu Pollution Control Board Officials and Block Development Officer, Tiruppur Panchayat Union The officials of Tamilnadu Pollution Control Board along with Block Development Officer and Kanakkampalayam Panchayat Secretary have jointly inspected the site on 11.02.2022. As committed by the Developer and Kanakkampalayam Panchayat the following mitigation works were under progress.
i. The Kanakkampalayam Panchayat has started the earth work for construction of Community Soak Pit - I Washington Nagar, Kanakkampalayam Panchayat in the land belonging to the developer of Washington Nagar. Community Soak Pit - I under construction in Washington Nagar, Kanakkampalayam Village.
ii. The Kanakkampalayam Panchayat has started the earth work for construction of Community Soak Pit - II in reserve site belonging to Kanakkampalayam Panchayat located in Sri Kamatchi Nagar Extension, Kanakkampalayam Village in the Reserve site.
iii. Kanakkampalayam Panchayat has blocked the flow of the household wastewater into the earthen drainage leading to the applicant's land by diverting the household wastewater flow within the reserve site of the Kanakkampalayam Panchayat, in Sri Kamatchi Nagar Extension to prevent the flow of household wastewater into the kuttai.
Now household wastewater is not flowing in to the land of the applicant. Photograph taken on 20.01.2022 before diverting the earthen drainage carrying household wastewater flow and Photograph taken on 11.02.2022 after diverting the flow of earthen drainage carrying household wastewater are shown.
Page 16 of 22After construction of the community soak pits the household wastewater flow will be diverted and drained in to the community soak pits and the construction of the same will be completed before 31.03.2022.
The earthen drain and the kuttai in the applicant's land which was previously found with stagnation of household wastewater were found dry now. Photograph taken during the previous inspection on 20.01.2022 and recent inspection on 11.02.2022.
Conclusion Based on the Hon'ble NGT order dated. 03.01.2022, the Kanakkampalayam Panchayat has started the works to provide two numbers of Community Soak Pit, one at S.F.No.197/1B in Washington Nagar and another at S.F.No.199/1 and 198/1A in Sri Kamatchi Nagar Extension. The completion date of construction of community soak pits will be 31.03.2022 as committed. The household wastewater will be let into the community soak pits and the same will be put into operation immediately after the completion of construction. Presently, there is no flow of household wastewater into the applicant's land."
8. The Tamil Nadu Pollution Control Board has filed an independent report dated Nil, e-filed on 17.02.2022 which reads as follows:-
"REPORT SUBMITTED BEFORE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE), CHENNAI BY TAMILNADU POLLUTION CONTROL BOARD IN THE MATTER OF ORIGINAL APPLICATION No. 245 OF 2021 (SZ), FILED BY THIRU. E. VELUSAMY Vs THE PRESIDENT, KANAKKAMPALAYAM PANCHAYAT, TIRUPPUR AND OTHERS AS PER ORDER DATED 3rd JANUARY 2022
1. Background A complaint was received from the applicant Thiru.E.Velusamy, S/o. Eswaramoorthy vide his letter dated. 05.07.2021. As an action to this complaint spot was inspected on 15.07.2021 and a letter dated. 16.07.2021 was addressed to The Executive officer, Kanakampalayam Panchayat to take necessary action on the complaint. Again the same complaint was received Page 17 of 22 through the District Collectorate, Tiruppur dated 26.07.2021 and a letter was forwarded to Block Development officer, Tiruppur Panchayat Union on 03.08.2021 with a copy addressed to the District Collector, complainant and Thiru.P.Shanmuga Sundaram to take necessary action on the complaint under The Tamil Nadu District Municipalities Act, 1920 and Public Health Act, 1939, Thiru.P.Shanmuga Sundaram President, Kanakampalayam Panchayat in his letter dated 10.08.2021 has informed that the Panchayat has proposed to provide Soak Pit (உறிஞ்சு குழி) under Grey Water management Scheme, Further to this the applicant has filed his original application in Hon'ble NGT No. 245 Vs. The President, Kanakkampalayam Panchayat, Tiruppur, The District Environmental Engineer, Tamilnadu Pollution Control Board, Tiruppur North, and The District Collector, Tiruppur.
In the matter of Original application No. 245 of 2021, Thiru.E.Velusamy, S/o. Eswaramoorthy has filed an application before the Hon'ble NGT stating that "....there is no proper household wastewater system in that area. On account of the stagnation of untreated household wastewater water in agricultural lands of the applicant which is surrounded by more than 750 houses, it case serious health hazards to the people in the locality. Though complaints were made to the authorities and the second respondent has inspected the area and directed the first respondent to provide necessary Under Ground Household wastewater System (UGSS) to avoid discharge of untreated household wastewater into private land, no effective steps have been taken by were them ...... The applicant has approached the National Green Tribunal (Southern Zone), Chennai seeking the following reliefs "a) Direct the respondents to set up an effective drainage system and or treatment facility in Kanakkampalayam village to ensure safe collection, treatment and release of household wastewater in a time bound manner. b) Direct the respondents to remediate the lands and well belonging to the applicant situated in survey numbers 199/1 and 198/ 1A in Kanakkampalayam, Perumanalur vazhi, Tiruppur 64166. c) Direct the 1st respondent to pay compensation to the applicant as determined by the respondent"Page 18 of 22
The Hon'ble NGT in its order dated 03.01.2022 has ordered that "....The Tamilnadu State Pollution Control Board, District Environmental Engineer, Tiruppur District, Block development Officer-Kanakampalayam Village Panchayat, Tiruppur District and also the District Collector, Tiruppur District are directed to file their independent report regarding the allegations made in the application and the nature of action taken from their side to prevent such mischief being caused by the first respondent and if there is any violation found, what is the nature of action taken by them as providing a public household wastewater system is one of the important service that has to be rendered by the local bodies for the purpose of protection of health of people in that locality".
In connection to this, the Applicant land and open well located in the S.F.No:199/1 and 198/1A1, Kanakkampalayam Village, Tiruppur North Taluk, Tiruppur District was inspected by the officials of Tamilnadu Pollution Control Board on 20.1.2022. During inspection the Applicant's representative and officials from Kanakkampalayam Panchayat were present. During inspection, it was noticed that there are approximately 650 houses belonging to Washington Nagar and Sri Kamatchi Nagar Extension (around 5 Houses) is located on the southern side to the land of the applicant. The Washington Nagar area is located at a distance of 250 Mt. from the applicant's land.
There is small earthen pond (kuttai) situated in the applicant's land. The household wastewater flowing through the drainage reaches this pond and getting stagnated since the pond is located in low lying area. It was informed by the local body officials that only household wastewater from 150 residential houses are being carried through the public drainage before confluencing into the pond located in the applicant's land.
Hence, the officials of Kanakkampalayam Panchayat was instructed to take necessary action to prevent the flow of wastewater from Washington Nagar to the Applicant's land.
During inspection on 20.01.2022 water sample was collected from the applicant Thiru. E.Velusamy's open well and sent to District Environmental Laboratory, Tamilnadu Pollution Control Board, Tiruppur and the details of the report of analysis dated. 28.01.2022 is tabulated below.
Page 19 of 22Also water sample was collected on 21.01.2022 and sent to M/s. Enviro Care for analysis of Coliform bacteria. The details of report of analysis dated. 28.01.2022 is tabulated below.
The above results shows the well water is within the standards of Class of Water-A (Drinking water source without conventional treatment but after disinfection) under designated best use water quality criteria prescribed by CPCB (cpcb.nic.in/wqstandards/).
Subsequently, the Block Development Officer has informed that they have taken action to prevent flow of wastewater into applicant's land. Again the officials of Tamilnadu Pollution Control Board along with Block Development Officer and Kanakkampalayam Panchayat Secretary have jointly inspected the site on 11.02.2022 and the following were noticed.
i) The Kanakkampalayam Panchayat has started the earth work excavation for construction of Community Soak Pit, I at Washington Nagar, Kanakkampalayam Panchayat in the land belonging to the developer of Washington Nagar.
ii) The Kanakkampalayam Panchayat has started the earth work excavation for construction of Community Soak Pit, II in reserve site belonging to Kanakkampalayam Panchayat located in Sri Kamatchi Nagar Extension, Kanakkampalayam Village.
iii) Kanakkampalayam Panchayat has blocked the flow of the household wastewater into the earthen drainage leading to the applicant's land by diverting the household wastewater flow within the reserve site of Page 20 of 22 the Kanakkampalayam Panchayat, in Sri Kamatchi Nagar Extension to prevent the flow of household wastewater into the kuttai.
Presently, it was noticed that household wastewater is not flowing in to the land of the applicant. Photograph taken on 20.01.2022 before diverting the earthen drainage carrying household wastewater flow and Photograph taken on 11.02.2022 after diverting the flow of earthen drainage carrying household wastewater are produced.
During inspection it was reported by the Block Development Officer that after construction of the community soak pits the household wastewater flow will be diverted and drained in to the community soak pits. It was informed by the Block Development Officer that the construction of the community soak pits will be completed before 31.03.2022.
The earthen drain and the kuttai in the applicant's land which was previously found with stagnation of household wastewater were found dry now. Photograph taken during the previous inspection on 20.01.2022 and recent inspection on 11.02.2022 are produced.
Conclusion
1. The result of open well water is within the standards of Class of Water-A (Drinking water source without conventional treatment but after disinfection) under designated best use water quality criteria prescribed by CPCB (cpcb.nic.in/wqstandards/).
2. The Kanakkampalayam Panchayat shall ensure that the community soak pits are provided with appropriate standard design for community soak pits and the same shall be put into operation for public use at the earliest."
9. There is no representation for the applicant. Though it is seen from the reports that the grievance of the applicant has been resolved, we feel it appropriate to give an opportunity to the applicant as to whether he wants to file an objection to the same or any grievance is left out, so that those things can be considered and appropriate orders can be passed.
Page 21 of 2210. The applicant is directed to file his objection to the reports filed on or before 25.02.2022 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 and parties are directed to get ready with the matter on 28.02.2022.
11. For filing objections (if any) to the report and consideration of report, post on 28.02.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.245/2021 (SZ) I.A. No.19/2022 (SZ), 18th February 2022. Mn.
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