National Green Tribunal
National Green Tribunal Southern Zone vs The District Collector Chengalpattu ... on 12 August, 2022
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.1 & 2:- Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conferencing)
Original Application No.40 of 2020 (SZ)
WITH
Original Application No.93 of 2020 (SZ)
IN THE MATTER OF:
Tribunal on its own motion SUO MOTU
Based on the News Item in the Times of India
Chennai edition dated 17.02.2020,
"Sewage flows in to surplus channel in Kovilambakkam"
And
1) The District Collector
Chennai District
District Collectorate
Chengalpattu - 603 001.
2) The Chairman
Tamil Nadu Pollution Control Board
Anna Salai, Guindy
Chennai - 600 032.
3) The Commissioner
Pallavaram Municipality
2nd Main Road
New Colony, Chrompet,
Chengalpattu District - 600 043.
4) The Block Development Officer
Kovilambakkam Village Panchayat
Vedachalam Nagar, Kolathur
Chengalpattu District - 600 117.
5) Greater Chennai Corporation
Represented by its Commissioner
Rippon Building, Chennai - 600 003.
(R5 - Suo Motu impleaded as per order of the Tribunal dt.01.03.2021)
6) Chennai Metropolitan Water Supply and Sewerage Board
Represented by its Managing Director
No. 1, Pumping Station Road,
Chintadripet, Chennai, Tamil Nadu - 600 031.
(R6 - Suo Motu impleaded as per order of the Tribunal dt.12.08.2022)
...Respondent(s)
Page 1 of 30
1) Vivekananda Welfare Association
No.2/1009, Rajeshwari Nagar
4th Street, S Kolathur (LIC Nagar)
Kovilambakkam, Chennai - 600 117.
Represented by its President V. Murugesan
2) Engineers Avenue Residents Welfare Association
Plot No.149, Door No.2/614, 1st Main Road,
Engineer's Avenue near S. Kolathur
Kovilambakkam, Chennai - 600 117.
3) Bakialakshmi Nagar, Krishna Nagar,
Raja Nagar Residents Welfare Association
Plot No.10, Krishna Nagar
2nd Street, S Kolathur
Kovilambakkam, Chennai - 600 117.
(Added as intervenor as per order in I.A. No.131/2021 (SZ) dt.29.11.2021)
...Intervenor(s)
WITH
Tribunal on its own motion SUO MOTU
Based on the News Item in the Dinamalar Tamil
Newspaper dated 29.06.2020,
"When will Kovilambakkam Lake be restored?"
And
1) The Principal Secretary to Government
Public Works Department,
Secretariat, Fort St. George,
Chennai - 600 009.
2) The Secretary to Govt. of Tamil Nadu
Department of Environment,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009.
3) Additional Chief Secretary to Govt. of Tamil Nadu
Municipal Administration and Water Supply Department,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600 009.
4) The Chairman
Tamil Nadu Pollution Control Board
No. 76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600 032.
Page 2 of 30
5) The District Collector
Chengalpet District,
Collector Office, GST Road,
Chengalpattu - 603 001.
6) St. Thomas Mount Panchayat Union
Rep. by its Block Development Officer,
20, Chitlapakkam Main Road, kamaraj Colony,
Nehru Nagar, Chitlapakkam,
Chennai 600 064.
7) Kovilambakkam Village Panchayat
Rep.by its Block Development Officer
Vedachalam Nagar, Kulattur,
Chennai, Tamil Nadu - 600 117.
8) Pallavaram Municipality
Represented by its Commissioner
3rd Main Road, Pallavapuram
Shastri Colony, Chrompet,
Tamil Nadu - 600 044.
(R8 - Suo Motu impleaded as per order of the Tribunal dt.18.03.2021)
9) Chennai Metropolitan Water Supply and Sewerage Board
Represented by its Managing Director
No. 1, Pumping Station Road,
Chintadripet, Chennai, Tamil Nadu - 600 031.
(R9 - Suo Motu impleaded as per order of the Tribunal dt.12.08.2022)
...Respondent(s)
O.A. No.40/2020 (SZ)
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1 & R4.
Mr. S. Sai Sathya Jith for R2.
Mr. P. Srinivas through
Mr. Arokiyaraj for R3.
Mr. Gautam S Raman for R6.
Mr. S. Raghunathan for Intervenors.
O.A. No.93/2020 (SZ)
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R3, R5 to R7.
Mr. S. Sai Sathya Jith for R4.
Page 3 of 30
Mr. P. Srinivas through
Mr. Arokiyaraj for R8.
Mr. Gautam S Raman for R9.
Date of Judgment: 12th August, 2022
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. A. SENTHIL VEL, EXPERT MEMBER
COMMON JUDGMENT
1. These two cases have been Suo Motu registered by this Tribunal on the basis of the newspaper report published in the Times of India, Chennai Edition dated 17.02.2020 under the caption "Sewage flows in to surplus channel in Kovilambakkam" and another newspaper report published in Dinamalar Daily Chennai Edition dated 29.06.2020 under the caption "Nfhtpyk;ghf;fk; Vupf;F tpNkhrdk; vg;NghJ?" (When Will Kovilambakkam Lake be restored?) respectively.
2. The main grievances in these newspaper reports are that the residents of Sunamukolathur in Kovilambakkam Panchayat on the southern fringe of Chennai are battling stench rising from the Kilkattalai lake surplus channel. It was also alleged in the newspaper report that untreated sewage is being discharged into the channel affecting the ground water quality and this leads to Medavakkam Lake and thereby affecting the water quality in the lake as well.
3. In the newspaper report dated 29.06.2020 cited supra, it was alleged that the area has become a sewage collection centre and garbage dumping yard, instead of rainwater harvesting centre. Due to unlawful encroachment, the water storing capacity has been reduced. Though some attempts have been made by the interested persons in that locality by launching schemes under the name "Kalamiranguvom; Namakku Naame", but the same could not be continued due to non-cooperation from the authorities.
Page 4 of 304. Further, it was also alleged in the newspaper reports that the water from the water channel where the untreated sewage is being discharged ultimately reaches the Kilkattalai Lake, Narayanapuram Lake, Medavakkam Lake and Periya Eri. On account of the negligence on the part of the authorities, the entire water bodies in that area are being affected is the common grievance in the newspaper reports.
5. Both these cases have been admitted on 20.02.2020 and 03.07.2020 respectively by separate orders, as this Tribunal was satisfied that there arose a substantial question of environment which requires the interference of the Tribunal.
6. After admitting the matter viz., O.A. 40 of 2020 (SZ), this Tribunal appointed a Joint Committee comprising of (i) the District Collector - Chengalpattu District, (ii) Block Development Officer - Kovilambakkam Village Panchayat, (iii) Tamil Nadu Pollution Control Board and (iv) the Commissioner - Pallavaram Municipality (which has now become part of Tambaram City Municipal Corporation) to inspect the area in question and submit a report regarding the genuineness of the allegations made in the newspaper reports and action taken by them, if there is any violation found.
7. Similarly, after admitting the matter viz., O.A. No.93 of 2020 (SZ), this Tribunal appointed a Joint Committee comprising of (i) the District Collector - Chengalpattu District, (ii) a Senior Officer from Tamil Nadu Pollution Control Board, (iii) the Superintending Engineer of Public Works Department (Water Resources Organisation) and (iv) the Joint Director of Panchayat or any Senior Officer deputed by him to inspect the lake in question and submit a factual and action taken report, if there is any violation found.
8. The Joint Committee was directed to collect the details regarding the extent of the water body from the original revenue records and if there is any encroachment, to take necessary steps to remove the encroachment and protect the water body and collect water samples to ascertain the Page 5 of 30 allegation of discharge of untreated sewage into the water bodies and contamination (if any) caused and remedial measures to be adopted to rectify the same and submit a report.
9. Pursuant to the direction issued by this Tribunal, the Joint Committee appointed in both the cases have submitted independent reports which reads as follows:-
"INSPECTION REPORT OF THE JOINT COMMITTEE CONSTITUTED BY THE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE) IN RESPECT OF O.A NO. 40 OF 2020 (SZ), TAKEN ON ITS OWN MOTION SUO MOTU ON THE BASIS OF THE NEWS PAPER REPORT PUBLISHED IN THE TIMES OF INDIA DATED 17.02.2020 UNDER THE CAPTION "SEWAGE FLOWS INTO SURPLUS CHANNEL IN KOVILAMBAKKAM"
1. ORDERS OF THE HON'BLE TRIBUNAL It is respectfully submitted that the Hon'ble National Green Tribunal (SZ), Chennai in its order dated.20.02.2020 in the matter of O.A.No.40 of 2020 has passed the following order:
"It is alleged in the report that the residents of sunnamu - kolathur in Kovilambakkam Panchayat on the southern fringe of Chennai are battling stench rising from the Kilkattalai lake surplus channel.
It is also alleged in the report that untreated sewage is being discharged in that channel affecting the ground water quality and this leads to Medavakkam Lake and thereby affecting the water quality in the lake as well. Though complaints were made to the authorities, no action was taken by them.
There is a duty cast on the local body not to discharge untreated sewage into water channel thereby affecting the water quality especially when it reaches, a lake namely kilkattalai and Narayanapuram Lake.
The allegation in the report shows that more than 18 million litres of sewage from a residential area is being pumped into the drain without any treatment which ultimately reaches the above two lakes causing pollution On going through the paper report, we are satisfied that there arises a Substantial question of environment requiring the interference of this Tribunal for solving the same. It is a well settled principle of law that no one is entitled to discharge untreated Sewage into a drain which ultimately reaches a water body. None has got right to pollute the water bodies as well. There is a duty cast on local bodies to maintain a sewage drain properly and make them pollution free as well. If untreated sewage is let into the drainage then it will not only affect the healthy atmosphere of the area but also affect the water quality of the lake where it reaches.
So, under such circumstances in order to ascertain the present status and also action to be taken by the authorities. we feel it appropriate to appoint a Joint Committee comprising of the District Collector, Chengalpattu District, Block Development Officer, Kovilambakkam Village Panchayat, Tamil Nadu State Pollution Control Board (TNSPCB) and the Commissioner, Pallavaram Municipality to inspect the area in question and submit a factual and action taken report, and if there is any action plan to be Prepared to solve the issue, then prepare the action plan and also suggest remedial measures with shorter timeline. The Commissioner, Pallavaram Municipality will act as the nodal officer for coordination and for providing all necessary logistics for this purpose."
In order dated.28.10.2020, the Tribunal has directed the following orders
3. "We have received the report submitted by the Commissioner, Pallavaram Municipality stating that the area was inspected on 12.8.2020 and the subject matter was not within the purview of Pallavaram Municipality and it was informed to the Pollution Control Board. According to the Pallavaram Municipality, the closet point to the surplus channel is the Kilkattalai Eri which is in the eastern periphery of Pallavaram Municipal limits and they have already taken steps to arrest the sewage and solid waste into the lake. The sewage treatment plant was proposed to be established and 90% of the work has been completed. Further, outflows into Kilkattalai Eri were stopped even in the year 2018 when the underground drainage system was completed in the Pallavaram area. They have further Page 6 of 30 mentioned that the other part of the work has to be done by Kovilampakkam Panchayat and other Departments
4. It may be mentioned here that the District Collector, Chengalpet District and Block Development Officer, Kovilampakkam Village Panchayat are also Members of the committee. If it falls within the jurisdiction of Kovilampakkam Panchayat, then the Block Development Officer has to give an action plan as to how they are going to remedy the situation by avoiding the sewage being discharged into the water body. The committee has not submitted the report so far. The fourth respondent - Block Development Officer is directed to cooperate with the committee and come with an action plan as to how the situation raised in the newspaper is going to be dealt with by them within their Panchayat to protect the water body from being polluted by discharging untreated sewage"
In order dated.04.01.2021, the Tribunal has directed the following orders
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
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]."
2. COMPLIANCE OF THE DIRECTION In due compliance of the said Hon'ble National Green Tribunal direction, surface water samples from the Keelkattakalai Lake on 27/07/2020 and Narayanapuram Lake on 28/07/2020 were collected so as to ascertain the present water quality in the said water bo Statement showing the value of the Physico chemical parameters analyzed Parameters Units Point of Point of Collection TNPCB Collection Standards Sl. Keelkatalai Narayanapuram (Inland No Lake Lake Surface Water) 1 pH @ 25oC No. 8.83 8.30 5.5-9 2 Total Suspended mg/L 14 20 100 Solids @ 105oC 3 Total Dissolved mg/L 860 719 2100 Solids @ 180oC 4 BOD @ 27oC mg/L 8 14 30 5 COD mg/L 72 160 250 6 Copper as Cu mg/L <0.033 <0.033 3 7 Zinc as Zn mg/L <0.01 <0.01 1 8 Cadmium as Cd mg/L <0.013 <0.013 2 9 Lead as Pb mg/L <0.07 <0.07 0.1 10 Nickel as Ni mg/L <0.05 <0.05 3 11 Total Chromium Cr mg/L <0.05 <0.05 2 12 Hexavalent mg/L <0.05 <0.05 0.1 Chromium Cr+6 13 D.O mg/L 6.6 6.30 5mg/l and above Statement showing the value of the Bacteriological parameters analyzed Sl.N Parameters Units Point of Point of Primary Water o Collection Collection Quality Criteria for Keelkatalai Narayanapura Bathing Waters Lake m Lake prescribed by Central Pollution Control Board 1 Total Coliform MPN 130 110 500 or less.
/100 ml
2 Faecal MPN <1.8 <1.8 500 (desirable) 2500
Coliform /100 ml (Maximum
Permissible)
Page 7 of 30
The Report of analysis of the water sample collected from the said water bodies reveals that the Physico chemical parameters analysed satisfy the Inland surface water standards prescribed by the Board.
Furthermore the water samples collected from the Keelkatalai Lake & Narayanapuram Lake analysed for Bacteriological parameter Total Coliform and Faecal Coliform meets the Primary Water Quality Criteria for Bathing Waters prescribed by Central Pollution Control Board.
3. DETAILS FROM BLOCK DEVELOPMENT OFFICER, ST. THOMAS MOUNT PANCHAYAT UNION In due compliance of the said Hon'ble National Green Tribunal direction, the Block Development Officer, St. Thomas Mount Panchayat Union furnishes the following details:
Nanmangalam Village Panchayat
1. Total Area of the Nanmangalam Village Panchayat : 10.00 Sq Km
2. Total Population of the Village Panchayat : 30906 3. No. of Wards 9
4. Solid waste generation : 12 T/ day
5. Sewage generation: 1.5 MLD Moovarasampet Village Panchayat
1. Total Area of the Moovarasampet Village Panchayat : 61.56 Acre
2. Total Population of the Village Panchayat : 10368 3. No. of Wards 12
4. Solid waste generation : 8 T/ day
5. Sewage generation: 0.6 MLD Kovilambakkam Village Panchayat
1. Total Area of the Kovilambakkam Village 8.00 Sq Km Panchayat :
2. Total Population of the Village Panchayat : 52600
3. Solid waste generation : 15 T/ day
4. The surplus channel in the area in question traverses i. Engineers Avenue through habitations of Kovilambakkam Village ii. Bakkialakshmi Panchayat Area Nagar iii. Kagithapuram iv. Indrajit Avenue v. Ecchankadu
5. Household in the above said area of the said Village 1800 Nos. out of 11580 Nos.
Panchayat area :
6. No of Wards located nearby the surplus channel: Ward No.1 and 2 of the 12 wards of the Village Panchayat.
7. Total Generation of sewage in the said areas: 1 MLD SEWAGE GENERATION AND SEWERAGE SYSTEM:
Present method of collection and mode of disposal of sewage:
The households and commercial establishments in the above said village panchayat areas area i.e. Nanmangalam village panchayat, Moovarasampet village panchayat and Kovilambakkam village panchayat have their own individual septic tank and soak pit arrangements for the treatment and disposal of the sewage. However certain households/ commercial establishments dispose the sewage/sullage through storm water drains which reach the said surplus channel.
Status of Surplus channel passing through the areas in Kovilambakkam:
PWD is carrying out the construction of retaining walls all along the said surplus channel for strengthening the bund and to avoid the flow of sewage into the said channel.
Monitoring of said Surplus channel passing through areas in Kovilambakkam:
1. Notices will be issued to the Public and to Households if found disposal of the sewage/sullage waste water into the said surplus channel and necessary fine will be levied on the violators under the provisions of the Local Body Act.
2. Warning boards will be placed at the fringes of the said surplus channel to prevent the disposal of sewage/sullage waste water into the said surplus channel.
3. Sanitary staffs will be posted in the said channel throughout the day to carry out monitoring activities regularly to prevent disposal of sewage/sullage waste water into the said surplus channel.Page 8 of 30
4. JOINT INSPECTION OF THE COMMITTEE The members of the joint committee have carried out the inspection in the area in question on 12/08/2020 and 28/01/2021.
5. OBSERVATIONS BY THE COMMITTEE During the time of inspection, the committee observed the following
1. The channel carrying surplus water from Putheri Eri of Pallavaram Municipality, Nanmangalam Eri and Kelkattalai Eri traverse through Boopathy Nagar, Engineers Avenue of Kovilambakkam, Sunnambu Kolathur area and Narayanapuram area and then reach Pallikaranai Marsh land.
2. The Pallavaram Tank and Keelkattalai Tank is being renjenated under World Bank Fund with TNSUDP Scheme at a cost of Rs.14.98/- Crores and the work is completed. The sewage water from the pumping station is being pumped to Perungudi STP and hence the sewage water entry into the surplus course of Keelkattalai Tank is not possible. All the house hold within the zone of Pallavapuram Municipality is covered with sewer connection and being conveyed to keelkattalai pumping station
3. Sewage out fall was noticed from Nanmangalam, Moovarasampet, Kovilambakkam village Panchayat area of St. Thomas Mount Panchayat Union, Kelkattakalai of Pallavaram Municipality area and from some areas of Madipakkam of Zone XII of Greater Chennai Corporation.
4. Nanmangalam, Moovarasampet, Kovilambakkam village Panchayat area of St. Thomas Mount Panchayat Union are not having any solid waste processing facility for handling the solid waste generated from its local body area.
5. PWD has completed the construction of retaining walls all along the said surplus channel for strengthening the bund and to avoid the flow of sewage into the said channel to a length of 520m out of 1778m which includes cut and cover channel from Narayanapuram Eri to Pallikaranai Marsh land and the remaining is expected to be completed within six months.
6. RECOMMENDATIONS:
Based on the above observation, the Joint Committee submits the following recommendation before the Hon'ble National Green Tribunal (Southern Zone)
01. The Block development officer, St. Thomas Mount Panchayat Union shall prepare action plan to intercept, transport, treat and disposal of the sewage generated from its local body area of Nanmangalam, Moovarasanpattu, Kovilambakkam village Panchayat within three months and shall implement the same within one year.
02. The Commissioner, Pallavaram Municipality shall stop the overflow of sewage from the underground sewer network in the Kelkattalai area into the surplus channel immediately.
03. The Zonal Officer, Zone XII, Greater Chennai Corporation shall prepare action plan to intercept, transport, treat and disposal of the sewage generated from some areas in Madipakkam of Zone XII within three months and shall implement the same within six months.
04. The Block development officer, St. Thomas Mount Panchayat Union shall prepare action plan for treatment and disposal of Solid waste as per the provisions of Solid Waste Management Rules, 2016 from its local body area of Nanmangalam, Moovarasanpattu, Kovilambakkam village Panchayat within three months and shall implement the same within six months.
05. PWD shall expedite and complete the construction of retaining walls all along the said surplus channel for strengthening the bund and to avoid the flow of sewage into the said channel within six months"
***** Inspection Report of the Joint Committee Constituted by the Hon'ble National Green Tribunal (Southern Zone) in respect of O.A. No. 93 of 2020(SZ) SUOMOTU on the Basis of the Newspaper report published in the Dinamalar Tamil Newspaper dated 29/06/2020, "When will Kovilambakkam lake be restored?"
1. Orders of the Hon'ble Tribunal It is respectfully submitted that the Hon'ble National Green Tribunal (SZ), Chennai in its order dated 03.07.2020 in the matter of O.A. No. 93 of 2020 inter alia stated that: "2.It is alleged in the report that the Kovilambakkam Lake is one of the larger lakes in erstwhile Kancheepuram District, presently in Chengalpattu District having an original total extent of 180 acres. This was subjected to large scale encroachment not only by the miscreants but also by some Government Departments. Now the area has been reduced to 70 acres and it is under the supervision of Public Works Department.
3. On account of the non-maintenance of the lake, it has become a sewage collection centre, garbage dumping yard, instead of a rain water harvesting centre. On account of the unlawful encroachment, the water saving capacity of the lake has been reduced. Though, attempts have Page 9 of 30 been made by the persons who are interested in protecting the water bodies and launching schemes under the name "Kalamiranguvom; Namakku Naame" the same has not become truthful due to non-cooperation of the Government departments.
4. It is also suggested in the report that in order to save the existing 4 lake, it should be protected by providing necessary protection wall. The inflow canal bringing water from Nanmangalam Lake has to be traced out and that will have to be linked with this water body and steps will have to be taken for the purpose of desilting the water body so as to make it an effective rain water recharge system.
5. They can also consider the question as to whether there was any inflow mechanism provided for bringing water from Nanmangalam Lake and if it is encroached, then they must also consider the question of restoring the same so as to rejuvenate the present water body as suggested in the paper report."
And further directed that:
7. On going through the allegations in the report, we are satisfied that there arises a substantial question of environment which requires the interference of this Tribunal for resolving the same. Time and again it has been reiterated by the Hon'ble Apex Court and also by the National Green Tribunal in several cases, that there is a duty cast on the state machineries and the local bodies to protect the water bodies against the encroachment and 5 pollution as a mandate of fundamental duty provided under Article 48 (A) of Constitution of India as providing clean water is treated as right to life as enshrined Under Article 21 of the Constitution of India.
8. In order to ascertain the present status of the lake including the nature of encroachments, steps taken to remove the encroachment and any scheme for protecting the water bodies in that area and its stage, we feel it appropriate to appoint a joint committee comprising of the District Collector, Chengalpet District, Senior Officer from Tamil Nadu Pollution Control Board and the Superintending Engineer of Public Works Department and Water Resources Organisation, the Joint Director of Panchayat, or any Senior Officer deputed by him to inspect the lake in question and submit a factual and action taken report, if there is any violation found to this Tribunal.
9. The committee is directed to consider the question of the extent or value mentioned in the revenue records, unauthorised trespass into the water bodies, discharge of untreated sewage and other effluents into this water body, the water quality in the lake showing all necessary criteria including total Coli Form and Fecal Coli Form and steps taken for removal of encroachment and if there is any scheme launched by the Government to protect the water bodies and what is its stage of implementation. If there is 6 any encroachment they are directed to prepare an action plan, long term as well as short term, for removal of encroachment and steps to be taken for protecting the water body and also include in the action plan regarding possibility and feasibility of creating biodiversity Park around the lake, so as to protect the lake against encroachment. They can also ascertain the existence of any canal discharge water to this water body for Nanmangalam Lake as alleged in the paper report and possibility or feasibility of restoring the same if it is closed by an encroachment or otherwise.
10. Since monsoon is approaching, if any immediate maintenance work is required for the purpose of increasing the storing capacity of the lake to collect the excess rain water during monsoon, necessary directions can be given by the committee to the concerned departments to undertake that work immediately.
11. The Public Works Department will be the nodal agency for coordination and for providing all necessary logistics for this purpose."
2. Compliance of the Direction In due compliance of the said Hon'ble National Green Tribunal direction, surface water samples from the Kovilambakkam Lake were collected on 30.07.2020 so as to ascertain the present water quality in the said water body Statement showing the value of the physic chemical parameters analysis Sl.No. Parameters Units Point of TNPCB Collection Standards Kovilambakkam (Inland lake surface water)
1. PH@25°C No. 7.18 5.5-9 2. Total Suspended Solids @ Mg/L 6 100 105°C
3. Total Dissolved Soilds Mg/L 1171 2100 @180°C 4. BOD @ 27°C Mg/L 3 30 5. COD mg/L 200 250 Page 10 of 30 6. Copper as Cu mg/L <0.033 3 7. Zinc as Zn mg/L 0.09 1 8. Cadmium as Cd mg/L <0.05 2
9. Lead as PB mg/L <0.07 0.1 10. Nickel as Ni mg/L <0.05 3 11. Total Chromium Cr mg/L <0.01 2
12. Hexavalent Chromium mg/L <0.01 0.1 Cr+6
13. D.O mg/L 6.5 5mg/l and above Statement showing the value of the Bacteriological parameters analysed Sl.No. Parameters Units Point of Primary water Collection quality criteria for Kovilambakkam bathing waters lake prescribed by the CPCB
1. Total Coliform MPN/100 40 500 or less Ml
2. Faecal Coliform MPN/100Ml <1.8 500 (desirable) 2500 (Maximum permissible) The Report of analysis of the water sample collected from the said water body reveals that the physic chemical parameters analysed satisfy the inland surface water standards prescribed by the Board. Furthermore the water sample collected from the Kovilambakkam Lake analysed for bacteriological parameter Total Coliform and Faecal coliform meets the primary water quality criteria for bathing waters prescribed by the Central Pollution Control Board.
3. Report of the Public Works Department:
(i) It is stated that the Kovilambakkam Tank in Tambaam Taluk in Chengalpattu District is a tank maintained by the Public Works Department, Kovilambakkam Tank is locaked at survey no. 90 of Kovilambakkam Village, Tambaram Taluk, Chengalpattue District. It has water spread area in an extent of 19.45 Ha with an own catchment of 11 sqm and with the storage capacity of 11.65 Mcft. The tank was once irrigating an extent of 41.49 Ha and there are 62 encroachments as identified by the survey department officials in the year of 2009. The tank has lost its irrigation potential long back due to the expansion of the city in course of time and now it is only a natural aquifer.
(ii) During an inspection made, it is observed that theKovilambakkam Panchayat is letting sewage water into the lake which has to be addressed by the Block Development Officer.
(iii) It is stated that since the Kovilambakkam tank is one of the tanks in Kovalam Basin, there are proposals that since the Kovilambakkam tank is one of the tanks in overall Kovalam basin (comes under Chengalpattu and Chennai District) under comprehensive Flood Mitigation project with an amount of Rs. 2000 crore which also involves creating biodiversity parks/tree-planting around the banks of the water body protecting the lake against the future encroachment. Detailed project report has been sent to Government and after approval from the World Bank, the said project scheme will be executed.
4. Report From Block Development Officer, St. Thomas Mount Panchayat Union (Kovilampakkam Village Panchayat) In due compliance of the said Hon'ble National Green Tribunal direction, the Block Development Officer, St. Thomas Mount Panchayat Union (Kovilampakkam Village Panchayat) furnishes the following detailed report.
1. Total Area of the Kovilambakkam village 8.00 sq Km Panchayat:
2. Total Polutation of the village panchat: 52600
3. Household in the above said area of the said 1800 Nos.
village Panchayat area:
4. Total No of Panchayat Wards 125. Total Generation of sewage in the said areas 1 MLD
6. Solid waste generation: 15T/day I. Solid Waste Management Generation of total Solid Waste in the Panchayat: 15.00MT/day (Biodegradable waste-
7MT and Non Biodegradable waste- 8 MT) Present status of collection and disposal of solid waste:
Presently the village Panchayat carries out door-to-door collection of solid waste of 15T/day deploying 6 E-cart Tricycls, 9 push carts, 3 Tractors and with 27 sanitary workers. Out of 15 T/day The village panchayat is not having solid waste processing facility and is being dumped in the dumping yard located adjacent to the said water body.Page 11 of 30
Action Plan for Solid Waste Mangement Short Term
1. The village panchayat has proposed to collect all the solid waste dumped in the road sides and in the area in question Kovilambakkam Lake within a month time.
2. The Village panchayat has proposed to issue notice to the public and to the households not to dump the waste on the road sides and in the area in question, and to issue pamphlets regarding the source segregation of the solid waste within a month time.
3. Persons dumping solid waste in the road side and in the area in question will be identified and fine will be imposed as per the provisions of the Local Body Act.
4. The village Panchayat has proposed to identify the households letting out sullage/sewage into the Kovilambakkam Lake and to take action to plug the same, and to impose fine under the provisions of the Local Body Act within a month time. LongTerm
1. The village panchayat has proposed to carry out door to door collection of segregated solid waste from the village panchayat area to 100% within three months.
2. The village panchayat has proposed to carry out establishment of a micro-composting centre for composting of the segregated biodegrable waste and to dispose the non biodegradable waste through the recycling facilities within three months.
II. Sewage Generation and Sewerage system:
Present method of collection and mode of disposal of sewage:
The households and commercial establishments in the above said village panchayat area have their own individual septic tank and soak pit arrangements for the treatment and disposal of the sewage. However, certain households/commercial establishments dispose the sewage/sullage through storm water drains which reach the said water body. Action Plan for Sewage management Short Term
1. The village panchayat has proposed to identify vulnerable locations and proposed to provide decentralized community soak pit arrangements within a months' time. Long Term
1. The village panchayat has proposed to provide a treatment system to intercept sewage entering the lake and to treat the same within six months.
5. Joint Inspection of the Committee The members of the joint committee have carried out the inspection in the area in question on 30.09.2020 and 01.11.2020
6. Observations by the Committee During the time of inspection, the committee observed the following:
1. Kovilambakkam Tank is located at survey no. 90 of Kovilambakkam village, Tambaram Taluk, Chengalpattu District.
2. Kovilambakkam Tank is a PWD tank. It has lost its irrigation potential long back due to agglomeration of Chennai City and it s suburb over the period of time. Now, the tank serves mostly as a natural aquifer.
3. It is bounded by vacant land in the Northern side, residences in the Southern side, Easter side and Western Side, Kovilambakkam-Sunnambu Kolathur road is located at Southern side of the Kovilambakkam tank.
4. Kovilambakkam tank has a water spread area in an extent of 19.45 hectares and storage capacity of 11.65 Mcft.
5. Kovilambakkam tank is receiving water its own catchment area. The overflow of this tank leads to Palikaranai Marsh land through Keelkattalai Surplus course.
6. Hyacinth has found fully occupying the entire area of Kovilambakkam tank.
7. The households and commercial establishments in the village panchat area have their own individual septic tank and soak pit arrangements for the treatment and disposal of the sewage. However,certain household/commercial establishments in the southern side of the tank dispose the sewage/sullage through storm water drains which reach Kovilambakkam Tank.
8. The village panchayat has not having any solid waste processing faciligy and the solid waste generated from the local body area is properly collected and disposed in their dumping yard.
9. Encroachments in the form of residences were noticed along the eastern bund of the Kovilambakkam Tank and in the southern part of the water spread area of the tank in the form of residences and government buildings.
7. Recommendations:
Based on the above observations, the joint committee submits the following recommendations before the Hon'ble National Green Tribunal (southern Zone):
1. The village Panchayat shall ensure 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection, processing and disposal by complying with the provisions of the Solid waste Management Rules, 2016 within six months time.Page 12 of 30
2. The village panchayat shall not dump solid waste under any circumstances in the said areas in question i.e. at Kovilambakkam Lake of Kovilambakkam village.
3. The village Panchayat shall establish micro composting centre within six months within the village panchayat area to compost the segregated biodegrable wasts and to take steps to dispose the non degradable waste including plastic waste to the recycling facilty complying with the provisions of the Solid waste Management Rules, 2016.
4. The village Panchayat shall take steps to carry out Bio-Mining of the legacy waste dumped in the Kovilambakkam village Panchayat dumping facility within six months.
5. The village panchayat shall identify and provide decentralized community soak pit arrangement at vulnerable locations within three months time to prevent the entry of sewage/sullage to theKovilambakkam tank through storm water drain
6. The village panchayat shall provide a treatment system to intercept sewage entering the lake and to treat the same within six months.
7. The village panchayat shall levy fine on the violators found dumping solid waste and disposing sewage into the water body under Local Body Acts.
8. The village panchayat shall create awareness among the public with the help of associations in the local body area for proper segregation of solid waste.
9. The PWD with the help of Revenue Authorities shall make fresh survey to identify the exact number of encroachment and to evict them within six months"
10. It is seen from the reports that there is illegal discharge of untreated sewage and dumping of waste into the water bodies.
11. Since both these cases were related to the same lake and identical issues, this Tribunal clubbed the matters for common consideration.
12. The 8th Respondent/Tambaram City Municipal Corporation (then Pallavaram Municipality) has filed the report in O.A. No.93 of 2020 (SZ) dated 05.06.2021 and e-filed on 07.06.2021, wherein they have mentioned that the Kovilambakkam Eri is not falling within the jurisdiction of Pallavaram Municipality and no outflow sewage from Pallavaram Municipal area are being discharged into the channel which reaches the Kovilambakkam Eri. The entire Pallavaram Municipal area is covered by the Under Ground Sewage System (UGSS) and the entire sewage is collected and conveyed to the Sewage Treatment Plant (STP) and there is no over flow of sewage in any part of Pallavaram Municipal limits which ultimately reaches the Kovilambakkam Eri. They denied the allegation of discharge of sewage into the surplus channels.
13. Thereafter, the Pallavaram Municipality has filed the further report dated 05.07.2021, e-filed on 06.07.2021 which reads as follows:-
"Report filed by the 8th respondent .........
2. I submit that in the present case already reports have been filed regarding the situation on the issue relating to the Pallavapuram Municipality Page 13 of 30
3. It is submitted that the subject matter is the flow of sewage water on the Surplus channel that leads downstream from the Keelkattalai Lake towards the East towards Kovilambakkam Lake.
4. It is submitted that the Keelkattala Lake is the last point in the Pallavapuram Limits in the said direction of water flow. The said Lake is filled with water from the surface fiows from the upstream areas of the said lake namely the Periya Eri and the Putheri Lake. The said Keelkattalai Eri water was tested by the TNPCB and the characteristics of the water have been found fit as Surface water fit bathing purposes.
5. The outflow of the water from the Eri takes place when the Keelkattalai Eri surplusses during the inflows of water and the surplus flows through the Surplus channel that passes through the Panchayat limits Nanmangalam and Kovilambakkam Panchayats. When the channel passes through the Nanmangalam Limts, the outflow of the Storm water drains confluences with the surplus channel. At this junction it was noticed that the Sewngo and sullage with gray color was flowing into the Surplus channel.
6. At present, there is no outflow of water from the Keelkattalai Lake and the surplus channel is dry from the Keelkaltalai Lake till it touches the Namangalam Storm Water drain.
7. It is humbly submitted that there is no chance of any sewage outflow from the Keelkartalai area as the entire houses in the said area that are within the Pallavapura Municipal limits have been covered under the Underground Sewage Scheme and the entire sewage is carried by pipelines to the Keelkattala Pumping Station of this Respondent Municipality and it is pumped to the Sewage Treatment Plant at Perungudi under the operation and maintenance of the CMWSSB (Metrowater).
8. Ktherefore submitted that the issue that is the subject matter of the two applications is in no manner connected with the flows of Sewage from the Pallavapuram Municipal Area and the sewage that is reaching the Surplus channel that runs from the Keelkattalai Lake towards the Kovilambakkam Lake is getting the sewage flow from the Srom water drains of Nanmangalam Vilalge Panchayat and further areas downstream of the same."
14. In the above report, they have specifically mentioned that the sewage generated in that area collected through the UGSS is diverted to Kilkattalai Pumping Station from where it is pumped to Perungudi STP which is under the maintenance of the CMWSSB.
15. The Tamil Nadu Pollution Control Board has filed a combined report signed by the officer with date 07.01.2022, e-filed on 12.01.2022 covering the issues in both the cases which reads as follows:-
"Report filed on behalf of the Respondent - Tamil Nadu Pollution Control Board ... .... ...
2. It is respectfully submitted that in due compliance to the Hon'ble NGT(SZ) order dated 01.09.2021, the said area in question was inspected by the officials of the DEE, TNPCB, Maraimalai Nagar on 25.10.2021 and reported the following:
i. The surplus channel in Kovilambakkam is the carrier of surplus water from Putheri Eri of Pallavaram Municipality, Nanmangalam Eri, Kelkattalai Eri and Kovilambakkam Eri traverse through Boopathy Nagar, Engineers Avenue of Kovilambakkam, Sunnambu Kolathur area and Narayanapuram area and then reaches Pallikaranai Marsh land.
ii. Sewage from Nanmangalam Moovarasampet, Kovilambakkam village Panchayat area of St. Thomas Mount Panchayat Union, some areas of Kelkattakalai of Pallavaram Municipality and from some areas of Madipakkam of Zone XII of Greater Chennai Corporation flows into the said surplus channel.
iii. Nanmangalam, Moovarasampet, Kovilambakkam village Panchayat area of St. Thomas Mount Panchayat Union are not having any solid waste processing facility for handling the solid waste generated from its local body area.
iv. PWD has completed major portion of construction of retaining walls all along the said surplus channel for strengthening the bund and to avoid the flow of sewage into the said channel which also includes cut and cover channel from Narayanapuram Eri to Pallikaranai Marsh land and also noticed that the remaining portion of the construction of the said retaining wall is under progress Page 14 of 30 v. Thiru J Sankar, Coordinator of Federation of Sunnambu Kolathur Residents Welfare Association was contacted in person and he has stated that the sewage is being disposed through overflow arrangement in the conveyance main from the pumping station at Keelkattalai by the Pallavaram municipality into the said surplus channel. However during the time of inspection it was noticed that there is no such sewage overflow from the said overflow arrangement.
vi. Kovilambakkam Eri was found filled with water hyacinth indicating the contamination of the water with sewage.
vii. The said village panchayat was found dumping of solid wastes in the solid waste dumping yard near the Kovilambakkam Village Panchayat Office and the same is being transported to Solid waste dump site at Appur village of Kattankulathur Block. The said village panchayat is yet to establish micro composting centre within the village panchayat area to compost the Biodegradable wastes.
3. It is respectfully submitted that, the Compliance report on the recommendations mentioned in the Joint Committee submitted in OA No.40 of 2020 is as follows:Page 15 of 30 Page 16 of 30
5. It is respectfully submitted that therefore, it is evident that the Kovilambakkam Village Panchayat of St. Thomas Mount Panchayat Union is not properly implementing the Solid Waste Management Rules, 2016, not removing the legacy waste dumped at the Kovilambakkam Lake and has not complied with the recommendations of the Joint committee.
6. It is respectfully submitted that as per the Hon'ble NGT orders dated 28.02.2020 & 02.07.2020 in O.A. No.606 of 2018 the TNPCB has assessed an Interim Environmental Compensation of Rs.38 Lakhs to the Kovilambakkam Village Panchayat of St. Thomas Mount Panchayat for not segregating and properly disposing the solid wastes generated from the said panchayat area and for not removing the legacy waste dumped at the Kovilambakkam Lake.
In this regard, the Board has issued show cause notice under Section 5 of the Environment (Protection) Act, 1986 vide Proceeding dated 03.12.2021 to the Kovilambakkam Village Panchayat, as to why the Board shall not levy an Interim Environmental Compensation of Rs.38 Lakhs (from April, 2020 to October, 2021) for non compliance of the Hon'ble NGT orders and not complying with the provisions of the Solid Waste Management Rules, 2016. Further the Board has issued directions under Section 5 of the Environmental (Protection) Act, 1986 vide Board Proceeding dated 03.12.2021 for strict compliance of certain conditions.
7. It is further submitted that the Tamil Nadu Pollution Control Board has issued directions under Section 33A of the Water (P&CP) Act, 1974 to the Block Development Officer, St. Thomas Mount Panchayat Union to comply with the following vide proceeding dated 03.12.2021:
i. The local body shall plug the sewage inflow from the Municipal area i.e., from Nanmanglam, Moovarasanpattu and Kovilambakkam Village Panchayat area into Kovilambakkam Surplus Channel. ii. The local body shall ensure that the sewage from the municipal area does not reach the storm water drain leading to Kovilambakkam Surplus channel.
8. It is respectfully submitted that the Tamil Nadu Pollution Control Board has issued directions under Section 33A of the Water (P&CP) Act, 1974 to the Pallavaram Municipality to comply with the following vide proceeding dated 03.12.2021:
i. The Pallavaram Municipality shall stop the overflow of sewage from the underground sewer network from the Keelkatalai area into the Kovilambakkam Surplus Channel.
9. It is respectfully submitted that the Tamil Nadu Pollution Control Board has issued direction under Section 33A of the Water (P&CP) Act, 1974 to the Zonal Officer, Zone-XII, Greater Chennai Corporation, Alandur to comply with the following vide proceeding dated 03.12.2021:
i. The Greater Chennai Corporation shall intercept the flow of sewage from the Madipakkam area into Kovilambakkam Surplus channel, transport and make arrangement for the treatment of sewage in the CMWSSB Sewage treatment plant at Perungudi."
16. It is seen from the report that there are latches on the part of the local bodies in carrying out the Waste Management Rules and certain actions have been taken, including imposition of environmental compensation against the Block Development Officer who is in-charge of Kovilambakkam Village Panchayat viz., St. Thomas Mount Panchayat Union.
17. After the area merged with the Tambaram City Municipal Corporation, the Commissioner - Tambaram City Municipal Corporation has filed the report dated 22.07.2022, e-filed on 25.07.2022 which reads as follows:-
"REPORT FILED BY THE 5th RESPONDENT IN O.A. NO. 40/2020 & THE 9th RESPONDENT IN O.A. NO. 93/2020 (SZ) .........
2. COMPLIANCE OF THE DIRECTION It is respectfully submitted that in due compliance of the orders of the Hon'ble National Green Tribunal, the following steps were taken by the Tambaram Corporation Page 17 of 30 and the same is submitted for the consideration of this Hon'ble Tribunal.
i. With regard to untreated sewage being let into the surplus channel in Kovilambakkam, The underground drainage connection to all the households at old Pallavapuram Municipal limits is completed fully and the house service connections were all provided. The same sewage water is discharged directly to the sewage treatment plant at perungudi through the pumping station at keelkatallai. It is humbly submitted that no sewage is being let in to Kovilambakkam surplus channel.
ii. With regard to news paper report published in Dinamalar Chennai Edition Dt. 08.07.2022 it is humbly submitted that Senghazhuneermalai quarry is a abandoned quarry having water treatment plant (RO Plant) which is established in 2018 and the treated water is distributed to the pammal and anakaputhur areas. During summer time this quarry will be in fully dried condition. There is no provision for recharging the quarry. In the mean time adjacent areas of the quarry like Shankar nagar which will be worstly affected with flood during every monsoon period. Hence it has been now proposed to construct a new storm water drain from the flood inundation area to abandoned quarry to recharge water (Rain Water Harvesting). The shutter arrangements in the drain is provided to ensure the overflowing flood water during monsoons only will enter in to the quarry. The western part of the quarry areas surrendered by pammal and anakaputhur villages where the underground drainage scheme is under progress and expected to complete the scheme by September 2023. All the households with in these areas will be covered under UGSS. There is no chance of entering gray water in to the quarry. After completion of this project quarry will be filled with rain water during monsoon and Shankar nagar residents will be saved from the flood inundation also."
18. It is seen from the report that they are taking steps to cover the uncovered area by providing UGSS and that will be completed by September 2023 and once, all the houses are covered under the UGSS, the possibility of discharge of untreated sewage into the channel or water body will not arise. This report was filed based on the directions given by the Tribunal, on the basis of the another newspaper report published in Dinamalar Chennai Edition dated 08.07.2022 alleging that the Tambaram City Municipal Corporation is taking steps to discharge the untreated sewage into the abandoned quarry which act as a rainwater harvesting system and provides drinking water in that area. Further, it is mentioned that they have no intention to discharge any untreated sewage into the quarry and in order to rejuvenate the rainwater harvesting system in that area, they are constructing the storm water drain which will collect the excess rain water and it will be discharged into the abandoned quarries so that the storing capacity of the quarry which is being used as water storing reservoir can be improved. Moreover, this is intended for the purpose of protecting the Sankar Nagar area against inundation during flood.
19. When the matter was taken up on 08.07.2022, this Tribunal impleaded the Tambaram City Municipal Corporation as additional respondent, as the Pallavaram Municipality had merged with the Tambaram City Municipal Page 18 of 30 Corporation and also directed the Tambaram City Municipal Corporation to take steps to provide the UGSS and collect the sewage generated in that area and take to STP and get it treated, relying on the decision of the Hon'ble Apex Court in Paryavaran Suraksha Samiti & Anr. Vs. Union of India & Ors1 and directed the Additional Chief Secretary to Government for Municipal Administration and Water Supply and the Director for Municipal Administration to look into the issue and file independent report regarding the action taken to resolve the issue permanently, as such issues are recurring and being brought to the notice of the Tribunal either by filing application by the individual persons or through newspaper reports.
20. The residents associations of that area were permitted to intervene in the matter as per order dated 29.11.2021 in I.A. No.131 of 2021 (SZ) in O.A. No.40 of 2020 (SZ).
21. When the matter was taken up on 28.07.2022, it was brought to our notice that the pumping station to which the sewage collected are being taken is not properly functioning and it was diverted into a surplus course of Kilkattalai Lake and thereby causing pollution to the water in the Kilkattalai Lake. So, this Tribunal directed the State Pollution Control Board and the CMWSSB to verify the same and submit a report on or before 10.08.2022 and adjourned the case to that date for that purpose.
22. Since the CMWSSB is taking care of the Perungudi STP to which the sewage collected is being taken, we feel that it is necessary to implead them as necessary party. So, the CMWSSB represented by its Managing Director impleaded as additional respondent No.6 & 9 respectively in both the cases. The Registry is directed to carry out the amendment in the cause title in both the cases. Mr. Gautam S Raman, the standing counsel took notice for the newly impleaded additional respondent.
1 (2017) 5 SCC 326 Page 19 of 30
23. The Tamil Nadu Pollution Control Board has filed the report signed by the officer on 11.08.2022 and e-filed on the same date which reads as follows:-
"REPORT FILED ON BEHALF OF THE RESPONDENT TAMIL NADU POLLUTION CONTROL BOARD .........
3. It is respectfully submitted that in due compliance to the Hon'ble NGT(SZ) order dated 28.07.2022, the said the Keelkatalai pumping station was inspected on 05.08.2022 along with Chennai Metropolitan Water Supply & Sewage Board(CMWSSB) and the representatives of residential associations (interveners). During inspection it was pointed out by them and it was noticed that in the inlet line of sewage from Nanmangalam area to the Keelkatalai pumping station near the Medavakkam road Echangadu signal, a overflow arrangement with valve provided in the conveyance main and it was reported that whenever problem occurs in the pumping station, to avoid overflow, the overflow line will be opened and raw sewage let out into the open drain to Kovilambakkam surplus channel leading to Pallikaranai Marsh land. Also during excess inflow of sewage, the overflow from the collection well will reach the surplus course of Keelkattalai lake. Mixing of sewage into the surplus channel near the Boopathy nagar, Keelkatalai from the road side pumping well.
4. It is respectfully submitted that, in earlier, the TNPC Board has been issued direction under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 as amended to the Block Development Officer, St. Thomas Mount Panchayat Union vide proceeding dated 03.12.2021 to comply with the following:
i. The local body shall plug the sewage inflow from the Municipal area i.e., from Nanmangalam, Moovarasanpattu and Kovilambakkam village Panchayat area into Kovilambakkam Surplus channel.
ii. The local body shall ensure that the sewage from the municipal area does not reach the storm water drain leading to Kovilambakkam Surplus channel.
Also direction under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 as amended was issued to the Zonal Officer, Greater Chennai Corporation vide proceeding dated 03.12.2021 to comply with the following:
i. The Greater Chennai Corporation shall intercept the flow of sewage from the Madipakkam area into Kovilambakkam Surplus channel, transport and make arrangements for the treatment of sewage in the CMWSSB Sewage treatment plant at Perungudi.
5. It is further submitted that, as the untreated sewage is discharged into the lake and the local body and Greater Chennai Corporation has not yet carryout any measures to comply with the directions issued by the Board, the Tamil Nadu Pollution Control Board has now issued directions under Section 33A of the Water (P&CP) Act, 1974 to the Commissioner, Tambaram City Municipal Corporation vide proceeding dated 11.08.2022 to comply with the following:
i. The Tambaram City Municipal Corporation shall ensure that no sewage shall be discharged into Storm water drain and to immediately plug the Sewage outlets from the residential areas and commercial outlets from Keelkatalai and surrounding areas into lakes and to provide underground sewerage system. ii. A proposal regarding providing underground sewerage system in Keelkattalai and its surrounding areas and action plan with time schedule for implementation of the same shall be furnished to the TNPCB within one month.
6. It is respectfully submitted that the Tamil Nadu Pollution Control Board has issued direction vide Proceeding dated 11.08.2022 under Section 33A of the Water (P&CP) Act, 1974 to the Zonal Officer, Zone-XII, Greater Chennai Corporation, to comply with the following condition immediately to arrest the flow of sewage into the Keelkattalai lake.
i. The Greater Chennai Corporation shall intercept the flow of sewage from the Madipakkam area into Kovilambakkam surplus channel, transport and make arrangement for the treatment of sewage in CMWSSB STP at perungudi.
ii. The Greater Chennai Corporation shall provide UGSS in Madipakkam area and ensure that house hold connections are provided and connected to UGSS.
Further, it is submitted that the Hon'ble High Court in order dt. 04.04.2022 in W.P.No.14387 of 2018 and W.M.P. Nos. 16987 and 16988 of 2018 directed the TNPCB to produce action taken report with regard to prosecution of the officer concerned of the local body for violation of the pollution laws.
Hence, failure to comply with the above said directions, action will be initiated to prosecute the officials as per the provisions of the Water (Prevention & Control of Pollution) Act, 1974 as amended."
Page 20 of 3024. Today, the CMWSSB also filed the report dated 08.08.2022 which reads as follows:-
"3. I humbly submit that, the St. Thomas Mount Panchayat Union is surrounded by three village Panchayats viz, Kovilambakkam, Moovarasampet and Nanmangalam village Panchayats. The above said location falls beyond the city limit which is not covered under the jurisdiction of CMWSSB.
4. I humbly submit that, the households and commercial establishments in the above said village Panchayats areas i.e. Nanmangalam village Panchayats, Moovarasampet village Panchayats and Kovilambakkam village Panchayats have their own individual septic tank and soak pit arrangements. They are following septage management by engaging Hired Private sewer tanker Lorries available locally. The sewer tanker Lorries removing the sludge from the septic tank of each house / commercial establishment will decant at the Perungudi decanting point in Perungudi Sewage Treatment plant for the treatment and disposal of the sewage. If any households / commercial establishments dispose the sewage / sullage through storm water drains then action has to be taken by Kovilambakkam Village Panchayat.
5. I humbly submit that, Keelkatalai Lake was under the maintenance of public works department. As per the court direction joint committee consisting officials of State Pollution Control Board and CMWSSB along with the President and members of the Association on 05.08.2022 inspected the surplus channel. The area Engineer XIV (Perungudi) inspected and reported the status of Surplus channel passing through the areas in Kovilambakkam as given below: n. Dayan. Area Engineer - XIV
1. Public Works Department is carrying out the construction of retaining walls all along the said surplus channel for strengthening the bund and to avoid the flow of sewage into the said channel.
2. The sewer from Pallavaram Municipality is being pumped to Sewage Pumping Station located at Nanmangalam. The collected sewage is again pumped to Keelkattalai Sewage Pumping Station through 400mm Dia Sewage pumping main which crosses the surplus channel at Kovilambakkam. From Keelkattalai terminal Sewage Pumping Station the sewage is pumped to Perungudi Sewerage Treatment Plant maintained by CMWSSB. There is a provision of scour valve located near surplus channel. The sewage pumping station as well as pumping main is under the operation and maintenance of Tambaram Corporation.
6. I humbly submit that during the joint inspection of CMWSSB and State pollution control board it was noticed that the scour valve is in closed condition and there is no letting out of sewer which leads to the said surplus channel.
7. I humbly submit that the quantity of sewage received from Tambaram Corporation for treatment at Perungudi Sewerage Treatment Plant is being treated by CMWSSB.
8. I humbly submit that, further, it was recommended to the Tambaram Corporation to ensure for proper maintenance of machineries at Nanmangalam and Keelkatalai Sewage Pumping Station. Also it was suggested to monitor the sewage pumping main crossing the surplus channel to avoid letting out sewer into surplus channel and to maintain flow record of the pumped quantity of sewage."
25. Since both the cases are pending from 2020 and despite directions given, things are not improving, we feel that there is no necessary to keep the case pending for a longer period.
26. We heard the learned counsel appearing for the official respondents and also the intervenor.
27. The learned counsel appearing for the intervenor submitted that even today, after the inspection by the committee appointed by this Tribunal, the Corporation officials have laid a pipeline for diverting the water from the pumping station to the surplus canal and that has not been abated as such. However, it is not possible for the Tribunal to go on monitoring the Page 21 of 30 statutory functioning to be discharged by the officials.
28. Time and again, the Hon'ble Apex Court as well as various Hon'ble High Courts, including the Hon'ble High Court of Madras and the Principal Bench as well as this Bench had reiterated the responsibility of the State machineries to protect the environment which includes protection of water bodies as mandated under Article 48 A of the Constitution of India. Further, providing clean environment which includes clean water and air is also a fundamental right to be enjoyed by the citizen as part of the Right to Life as enshrined under Article 21 of the Constitution of India which is a primary responsibility of the State machineries to provide such facility to its subjects, failing on which, will amount to failure of discharge of their constitutional obligation mandated under Article 48 A and 21 of the Constitution of India.
29. Further, the Hon'ble Apex Court in one of the case categorically held that merely because a water body has become disused on account of non- maintenance by the authorities, it will not lose its character as water body and even such water bodies will have to be rejuvenated and restored to its original position. Encroachments are happening into the water bodies which is known to the officials, but no effective action are being taken to remove the encroachments despite strict directions were issued by the Hon'ble Apex Court/High Court and this Tribunal as well, as the encroachers are mainly responsible for polluting the water bodies and not following the environmental laws of collecting and disposing the sewage in a scientific manner, but allowing the untreated sewage to be discharged in the storm water drain which ultimately reaches the water bodies.
30. It is well understood principle of environmental law that water bodies are providing water not only for drinking/irrigation purpose but also act as a natural water storing reservoirs, natural rainwater harvesting system and helping the natural recharge of groundwater level in that area, apart from flood mitigation mechanism to collect the maximum quantity of surplus water that is being generated during the rainy season to avoid flood and Page 22 of 30 inundation of the areas which will indirectly helps the safety of the people in that area. There is a duty cast on the regulators to protect the water bodies, including its inlets and outlets against encroachment and if there is any encroachment found, it is for them to remove the same and restore the water bodies to its original position so that free flow of water in the water bodies will not be affected. Further, even in the U.N. Conference on protection of water bodies, this year logo is 'Ecosystem Restoration' which includes restoration and rejuvenation of water bodies and other ecosystem. Further, in the U.N. Conference on International Water Day, the theme is 'Make the invisible - visible' which indirectly indicates the responsibility of the State machineries to avoid depletion of ground water and replenishment of the same so as to make the water available for the future generation applying the principle of 'Doctrine of Public Trust'.
31. Further, it is settled law that no one is entitled to pollute the water bodies and whoever engaged in such illegal activities, they are committing environmental crime and they are liable to proceed against under various environmental laws, in accordance with law. Furthermore, Section 277 of IPC provides mechanism to punish such persons who are polluting the water body/tank/reservoir which caters the need of the public and it will also amount to public nuisance which is also an offence under Section 268 of IPC which falls under Chapter - 14 under the caption 'Of offences affecting the public health, safety, convenience, decency and morals'
32. The Principal Bench of National Green Tribunal, New Delhi in Original Application No.606 of 2018 and also in certain other cases in respect of Solid/Liquid/Other Waste Management Rules and protection of water bodies against pollution and encroachments, issued several directions including imposition of environmental compensation apart from initiating prosecution against the persons who are responsible for the same. In O.A. No.606 of 2018, the Principal Bench of National Green Tribunal, New Delhi had interacted with the Chief Secretaries of all States/Union Territories, including the State of Tamil Nadu and disposed of the case relating to each state, recording the undertaking given by Page 23 of 30 them that they will strictly comply with the directions of the Tribunal and also implement the Waste Management Rules in their respective States in its letter and spirit and directed the Chief Secretaries to allot a Secretary at Additional Chief Secretary level to monitor the implementation of the directions and also conduct periodical review meetings and take steps to resolve the issue permanently.
33. Even, sitting as a Special Bench along with this Bench, while disposing the matters related to Periya Eri in Pallavaram, Chitlapakkam Lake and some other lakes had issued several directions to the authorities, including at the secretary level to constitute a committee and monitor the implementation of the directions and implementation of the Solid Waste Management Rules, 2016 in an effective manner. Despite all these efforts taken by the Tribunal, things in the ground level are not happening to expected level and steps are not being taken by the regulators in the way in which it has to be implemented which shows the lethargic attitude on the part of the officials who are expected to discharge their statutory obligations as a public servant to protect environment and discharge of their onerous responsibility of their constitutional obligation under Article 48 A of the Constitution of India.
34. In all those cases, the Tribunal had expressed its limitations of keeping the case for a longer period and monitoring the functions of the statutory bodies and reiterated the responsibility of the regulators to take proactive steps to protect the water bodies and implement the environmental laws so as to maintain the environmental rule of law which is necessary for providing better health and hygiene condition for the people which is part of Right to Life. It is also reiterated in several decisions even by the Hon'ble Apex Court that no social welfare scheme should be stalled on account of paucity of fund and it is for the Government to look into the issue and provide necessary funds for implementing such scheme in an effective manner by the lower level officials who are expected to execute the same to protect the environment.
Page 24 of 3035. In view of the detailed discussions and observations made above, we feel that instead of keeping the case pending for a longer period, the same can be disposed of by giving certain directions to the authorities.
36. So, both the Original Applications are disposed of with the following directions:-
(i) The Block Development Officer - St. Thomas Mount Panchayat Union and the Commissioner - Tambaram City Municipal Corporation are directed to implement the Solid Waste Management Rules, 2016 within their area of jurisdiction in an effective manner and they are directed to carry out the collection, segregation and disposal of the waste in a scientific manner as provided under the respective Waste Management Rules. They are directed to take steps to remove the legacy waste in the lake area by adopting appropriate methods including biomining and make the lake pollution free.
(ii) The Block Development Officer - St. Thomas Mount Panchayat Union and the Commissioner - Tambaram City Municipal Corporation are restrained from dumping waste in the any of the water bodies and discharging any untreated sewage either into the surplus channel or storm water drain which ultimately reaches the water bodies so as to protect the water bodies against pollution.
(iii) The Block Development Officer - St. Thomas Mount Panchayat Union and the Commissioner - Tambaram City Municipal Corporation are also directed to take temporary measures to divert/transport the sewage generated in the area uncovered by UGSS to the existing STP in consultation with the Tamil Nadu Pollution Control Board and implement the same so as to avoid discharge of untreated sewage into the Kilkattalai Surplus Channel or any other channel which ultimately reaches the water body, till the permanent work of providing UGSS and establishment of STP are completed.Page 25 of 30
(iv) The Tambaram City Municipal Corporation is directed to complete the UGSS and provide necessary STP within their area of jurisdiction covering this area viz., original Pallavaram and Pammal area, so that the sewage waste generated can be properly treated and it can be discharged into the water bodies or even it can be used for other purposes such as agriculture, industrial, railways, so that the exploitation of groundwater and freshwater from other sources can be minimized to a large extent.
(v) The District Collector - Chengalpattu District in coordination with the Commissioner - Tambaram City Municipal Corporation and the Block Development Officer -
St. Thomas Mount Panchayat Union is directed to conduct a survey of the water bodies viz., Kilkattalai Lake, Kovilambakkam Lake and Medavakkam Lake and if there is any encroachment found, then they are directed to take appropriate steps to remove the encroachments in accordance with law and take steps to protect the water bodies by providing bio-fencing or other scientific methods, including establishment of biodiversity park to avoid future encroachment and take steps to maintain the water bodies in coordination with the Water Resources Department by doing periodical desilting and maintenance work for the inlet and outlet and if there is any regulators and weirs provided so as to maintain the free flow of rainwater during rainy season to reach the water body without any obstruction. This will subject to the orders already passed and to be passed by the Hon'ble High Court of Madras in the pending public interest litigations in respect of water bodies.
(vi) The District Collector - Chengalpattu District is also directed to ascertain the allegations made by the learned counsel appearing for the intervenor that a pipeline has been provided to divert the untreated sewage from the Kilkattalai pumping station to the Kilkattalai surplus water channel Page 26 of 30 and if the allegations were found true, then take appropriate steps to remove the same in accordance with and take action against those persons who are responsible for the same in accordance with law.
(vii) The Tamil Nadu Pollution Control Board is directed to monitor the implementation of the Waste Management Rules and directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No.606 of 2018 and Special Bench as well as this Bench in matters relating to similar issues where several directions have been issued and if there is any violation found, then they are directed to take appropriate action against the erring local body/institution/person, including imposition of environmental compensation apart from initiating prosecution as directed by the Hon'ble High Court of Madras in the matters pending related to removal of encroachments and prevent pollution being caused to the water bodies.
(viii) The Commissioner- Municipal Administration and Director - Rural Development and Panchayat Raj Department are directed to monitor the implementation of the directions issued by the local bodies and if there is any proposal pending regarding the implementation of any schemes like UGSS, establishment of STP etc., then they are directed to take steps to expedite those proposals by providing necessary administrative as well as financial sanction so that the local bodies can implement the same effectively.
(ix) The Additional Chief Secretary to Government for Municipal Administration and Water Supply, Principal Secretary to Government for Rural Development and Panchayat Raj Department are also directed to look into the issue and monitor the implementation of the directions issued by this Tribunal and Waste Management Rules in the local bodies in an effective manner and if any financial or Page 27 of 30 technical support is required, then they are directed to provide the same as expeditiously as possible, as no schemes evolved by the local bodies and other regulators be stopped due to want of funds.
(x) The Chief Secretary to Government, State of Tamil Nadu is directed to constitute a permanent committee comprising of
(a) Additional Chief Secretary to Government for Municipal Administration and Water Supply as Chairman;
(b) Additional Chief Secretary to Government for Environment, Climate Change and Forest;
(c) Additional Chief Secretary to Government, Water Resources Department;
(d) Principal Secretary to Government for Finance or his nominee;
(e) Principal Secretary to Government for Revenue and
(f) Principal Secretary to Government for Rural Development and Panchayat Raj Department for monitoring the implementation of the waste management rules, removal of encroachments, restoration and rejuvenation of water bodies and also implementation of the directions issued by the Principal Bench, Special Bench and this Bench in various matters relating to such issues and if there is any gap found, then they are directed to provide all necessary assistance to the concerned departments to carry out the directions in an effective manner. The committee shall be free to invite any other officials/agencies /experts for the said purpose.
(xi) The Chief Secretary to Government, State of Tamil Nadu is also directed to conduct periodical review meeting atleast once in 2 months to monitor the implementation of the Page 28 of 30 directions issued by this Bench, including the Principal Bench and Special Bench in various cases relating to the Solid/Liquid/Other Waste Management and protection of water bodies against encroachment and pollution and if there is any gap found, then they are directed to provide necessary guidance to the respective departments and assistance (if any) required, including financial/administrative/technical support so that no schemes evolved for this purpose should be stalled for want of funds.
(xii) The Registry is directed to communicate is order to the Block Development Officer - St. Thomas Mount Panchayat Union, Commissioner - Tambaram City Municipal Corporation, District Collector - Chengalpattu District, Tamil Nadu Pollution Control Board, Commissioner-
Municipal Administration and Director - Rural Development and Panchayat Raj Department, Principal Secretary to Government for Rural Development and Panchayat Raj Department, Additional Chief Secretary to Government for Municipal Administration and Water Supply, Additional Chief Secretary to Government for Water Resources Department and also to the Chief Secretary to Government, State of Tamil Nadu for their information and compliance of directions.
(xiii) The Block Development Officer - St. Thomas Mount Panchayat Union, Commissioner - Tambaram City Municipal Corporation, Tamil Nadu Pollution Control Board and the District Collector - Chengalpattu are directed to file periodical progress cum action taken reports in respect of implementation of the directions issued by this Tribunal periodically once in 3 (Three) months, till the entire permanent work for protecting the water bodies is completed. The above periodical report and the proceedings of the Committee Chaired by the Chief Secretary shall also be uploaded on the website of TNPCB.
Page 29 of 30(xiv) As and when the reports are filed, the Registry is directed to place the same before the Bench for consideration and also for issuing necessary further directions (if any) required in this regard.
37. With the above observations and directions, both these Original Applications are disposed of.
Sd/-
Justice K. Ramakrishnan, J.M. Sd/-
Dr. A. Senthil Vel, E.M. O.A. No.40/2020 (SZ) O.A. No.93/2020 (SZ) 12th August, 2022. Mn.
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