National Green Tribunal
Zion Nagar Plot Owners Welfare ... vs Member Secretary, Tamil Nadu Pollution ... on 16 August, 2016
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Application Nos.14 of 2012 (SZ)
Application Nos. 13, 42, 44, 63, 107, 108, 234 and 264 of 2013 (SZ)
Application Nos. 83, 121, 122, 287 & 288 of 2014 (SZ)
Application Nos. 90, 133, 163, 179, 189, 190 & 209 of 2015 (SZ)
Application Nos.34, 104, 133, 180 & 181 of 2016 (SZ)
Application No. 14 of 2012 (SZ)
Applicant(s) Respondent(s)
Shri N. Rajendran 1. The Commissioner, Rasipuram Chandrasekaranpuram Post Municipality, Rasipuram
2. The District Environmental Engineer Tamil Nadu Pollution Control Board Namakkal
3. The District Collector, Namakkal
4. The Chairman and Member Secretary Tamil Nadu Pollution Control Board Chennai
5. The Commissioner of Municipal Administration and Water Supply Chennai Legal Practitioners for Applicant(s) Legal Practitioners for Respondents Shri J. Srinivasa Mohan Mr. E. Manoharan, Addl.G.P For R1 & R5 Shri A. Ilango for R-2 and R4 M/s. M.K. Subramanian for R-3 Application No. 13 of 2013 (SZ) Applicant(s) Respondent(s) S. Subramanian, Nallathur Post Vs. 1. The District Collector, Villupuam
2. The Chairman Tamil Nadu Pollution Control Board Chennai
3. The Pollution Control Officer Villupuram
4. The Deputy Director, Public Health Service & Preventive Disease Dept, Kallakurichi
5. The Commissioner Kallakurichi Municipality Legal Practitioners for Applicant(s) Legal Practitioners for Respondents Shri J. Srinivasa Mohan M/s. M.K. Subramanian for R-1 & R-4 Shri A. Ilango for R-2 and R-3 Mr. E. Manoharan, Addl.G.P for R-5 Application No. 42 of 2013 (SZ) Applicant(s) Respondent(s) Shri P Radhakrishnan, OotyVs. 1. The Ministry of Environment and Forests, Govt of India, New Delhi
2. The Commissioner of Municipal Administration, Chennai
3. The District Collector, Nilgiris
4. The District Forest Officer,Nilgiris
5. The Commissioner Udhagamandalam Municipality Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s. M.Santhanaraman and Smt. C. Sangamithirai for R-1 M.R. Sivakumar M/s. M.K. Subramanian for R-2, R-3 & R-4 Mr. E. Manoharan, Addl.G.P for R5 Application No. 44 of 2013 (SZ) (W.P.No.14642 of 2012 High Court of Madras) Applicant(s) Respondent(s) Periappa Nagar Residents Vs. 1. The District Collector Dindigul Welfare Association, Palani 2. Commissioner, Palani Municipality
3. The Tamil Nadu Pollution Control Board, Chennai
4. The Central Pollution Control Board, Bengaluru (R3 & R4 are impleaded as per Order dt.7.7.2015) Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s.Sarvabhauman Associates M/s. M.K. Subramanian for R-1 M/s. P.Srinivas for R2 Mrs.H.Yasmeen Ali for R3 Mr.D.S.Ekambaram for R4 Application No. 63 of 2013 (SZ) (THC) (W.P.No.27169/2012 - High Court, Madras) Applicant(s) Respondent(s) C. Suresh, Chennai Vs. 1. The Chairman, Tamil Nadu Pollution Control Board, Chennai
2. The Additional Chief Secretary to Government of Tamilnadu Municipal Admn & Water Supply Dept, Chennai - 9
3. The Secretary to Government of Tamil Nadu, PWD, Chennai
4. The Commissioner of Municipal Administration Chennai
5. The Commissioner of Rural Development & Panchayats Chennai
6. The District Collector Thiruvallur
7. The Executive Officer Poonamallee Municipality
8. The Chairman, Poonamallee Panchayat Union
9. The Block Development Officer, Nazarathpet Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s. R. Murali , C. Prabakaran Smt. H Yasmeen Ali for R-1 & R.Raghavendran Mr.E.Manoharn Addl.G.P for R-3 to R-5, R-7 and R-9 M. Subramanian for R-2 and R-6 Application No.107 of 2013 (SZ) (THC) (W.P.(MD) No.10408/2011 - Madurai Bench of Madras High Court) Applicant(s) Respondent(s) Mr.G.Somasundaram, 1. The District Collector Secretary, Peramanallur PurangagarVs. Thanjavur Paghuthi Anaithu Nagar Nalasangam 2. The Kumbakonam Municipality Ammasathiram, Thiruvidaimaruthur Tk rep. by its Commissioner Thanjavur Dt 3. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Thanjavur Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s. B.Prasanna Vinoth, M/s. M.K. Subramanian for R-1 G.R. Swaminathan Mr.E. Manoharan, Addl. G.P for R-2 Smt. H.Yasmeen Ali for R-3 Application No.108 of 2013 (SZ) (THC) (W.P.(MD).No.10642 of 2011- Madurai Bench of Madras High Court) Applicant(s) Respondent(s) Mr. Dinakaran 1. The District Collector Sivangangai Karaikudi.Vs. 2. The Environmental Engineer Tamil Nadu Pollution Control Board, Sivagangai
3. The Commissioner Karaikudi Municipality
4. The Commissioner Devakkottai Municipality
5. The Divisional Revenue Officer Devakottai
6. The Tahsildar, Karaikudi Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s. V.Karuna, C.Meenakshi and M/s. M.K. Subramanian for R1, R5 and R-6 Rama Prabhu Smt. H. Yasmeen Ali for R-2 Mr.E. Manoharan, Addl.G.P for R-3 and R-4 Application No. 234 of 2013 (SZ) Applicant(s) Respondent(s) Shri V. Eswaran, Coimbatore Vs .1. The District Collector, Coimbatore District
2. The Commissioner, Coimbatore Municipal Corporation
3. Tamil Nadu Pollution Control Board Rep. by its Chairman, Chennai
4. The District Environmental Engineer Tamil Nadu Pollution Control Board Coimbatore Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s. M/s. S. Kolandasamy, C.S. Saravanan M/s. M.K Subramanian for R-1 And M. Selvalakshmi, Mr.E. Manoharan, Addl.G.P for R-2 Smt. Rita Chandrasekar for R-3 Application No. 264 of 2013 (SZ) Applicant(s) Respondent(s) Shri K.S. Mohan, Pothanur Vs. 1.The Union of India, Ministry of Coimbatore-23 Environment and Forests, New Delhi
2. The State of Tamil Nadu, rep. by its Secretary to Govt. Dept. Of Environment & Forests, Chennai
3. The Corporation of Coimbatore, rep. by Its Commissioner, Coimbatore
4. The Dept. Of Municipal Admn., & Water Supply, rep. by its Secretary To Govt. Chennai
5. The Director, Town & Country Planning, Chennai
6. The District Collector, Coimbatore
7. The Tamil Nadu Pollution Control Board, rep. by its Member Secretary Chennai
8. The District Environment Engineer Coimbatore
9. State Environmental Impact Assessment Authority, Chennai
10. The Coimbatore Local Planning Authority, rep. by its Member Secretary Coimbatore
11. The Vellaloor Town Panchayat Rep. by its Executive Officer
12. M/s. Coimbatore Corporation Integrated Municipal Solid Waste Management Project, Coimbatore Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s.Kamalesh Kannan and Smt. C. Sangamithirai for R-1 Sai Sathya Jith M/s. M.K. Subramanian for R2, R6 & R9 Mr.E. Manoharan, Addl.G.P. for R-3 R-4, R-5, R-10 & R-11 M/s.R.Parthiban, T.Ranganathan & T.J.Lakshmipathy for R12 Smt. H. Yasmeen Ali for R-7 and R-8 Application No.121 of 2014 (SZ) Applicant(s) Respondent(s) Mr. T. Chendil Athiban, Colachel Vs. 1. The District Collector-cum-Chairman Kanyakumari Dist. 629251 Coastal Zone Regulation Zone, Kanyakumari District
2. The Asst. Environment Engineer Tamil Nadu Pollution Control Board Nagercoil
3. The Commissioner, Colachel Municipality
4. The President Reethapuram Panchayat Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s. S. Kamaraj, M/s. M.K.Subramanian for R-1 K. Christopher & J.Thomas Smt. H. Yasmeen Ali for R-2 M/s. P. Srinivas and N.K. Ponraj for R-3 Mr.E.Manoharan, Addl.G.P. for R-4 Application No. 122 of 2014 (SZ) Applicant(s) Respondent(s) L. Saroja, D/o. Lingappa 1) The Secretary to Government, Dept Gounder,Odaneli, Kasturiba Village and of Department & Forests, Chennai Post, Arachalur Via, Erode.
2) The Secretary to Government, PWD Chennai
3) The Chairman, Tamil Nadu Pollution Control Board , Chennai-32
4) The District Environmental Engineer, Tamil Nadu Pollution Control Board Erode
5) The District Collector, Erode
6) The Executive Officer Arachalur Town Panchayath Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) M/s. S. KamaleshKannan, K. Myilsamy M/s. M.K. Subramanian for R-1 and R-5 ad S. Sai Sathya Jith Smt. H. Yasmeen Ali for R-3 and R-4 Mr.E. Manoharan,Addl.G.P for R2 & R6 Application No. 83 of 2014 (SZ) Applicant(s) Respondent(s) Mr. V. Meghanathan Vs. 1. The Chief Secretary , Govt. Of Tamil Nanmangalam, Chennai Nadu, Chennai
2. The Principal Secretary to Govt Environment & Forest Dept Chennai
3. The Secretary to Govt. Revenue Dept., Chennai
4. The Principal Chief Conservator of Forests, Chennai
5. The Director, Dept of Environment Chennai
6. The Commissioner, Corporation Of Chennai
7. The Chief Engineer, PWD,Chennai
8. The Collector, Kanchipuram Dt
9. The Assistant Conservator of Forests Pallikaranai
10. The District Forest Officer Kancheepuram
11. The Tahsildar, Sholinganllur
12. The President, Conservation Authority of Pallikaranai Marsh Lands, Teynampet, Chennai
13. The Chairman, Tamil Nadu Pollution Control Board, Chennai
14. The Secretary to Govt. Ministry of Environment & Forest, New Delhi Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) M/s. A. Swamynathan Mr.E. Manoharan,Addl.G.P. for R-1, R-
Kamalesh Kannan 3 and R-7 M/s. M.K. Subramanian for R-2, R-4, R-5, R-8 to R-11 Smt. H. Yasmeen Ali for R-13 Smt. Sangamithrai for R-14 Mr.R.Suryaprakash for R6 Application No. 288 of 2014 (SZ) Applicant(s) Respondent(s) M/s. M. Rajangam Vs. 1. The District Collector Nayudumangalam Tiruvannamalai Thiruvannamalai Tk 2. The Chairman Tamil Nadu Pollution Control Board Chennai
3. The District Environmental Engineer Tamil Nadu Pollution Control Board Thiruvannamalai
4. The Tahsildar Thiruvannamalai
5. The Commissioner Thiruvannamalai Municipality Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) M/s. S. Kumara Devan, A.Prakash and M/s. M.K. Subramanian M. Ezhilarasi. for R-1 and R-4 Mrs. H. Yasmeen Ali for R-2 and R-3 Mr.E.Manoharan,Addl.G.P for R5 Application No.90 of 2015 (SZ) Applicant(s) Respondent(s) Zion Nagar Plot Owners Welfare 1.Member Secretary, Association, rep. by M. Ramesh Babu Tamil Nadu Pollution Control Board Venkateswara Nagar Chennai.
Velacherry, Chennai . 2.The District Environmental Engineer Tamil Nadu Pollution Control Board Kancheepuram.
3.The Executive Engineer, Nandhivaram Guduvancherry Town Panchayat, Kancheepuram District
4.The District Collector, Kancheepuram
5.The Secretary to Government, Public Works Department, Chennai-9
6.The Chief Engineer, Palar Basin Water Resources Development,Chennai - 5.
7. Venkatamangalam Panchayat Rep. by its Commissioner
8. Kattankulathur Panchayat Union, Maraimalai Nagar rep. by its Executive Officer Legal Practitioners for Appellant(s) Legal Practitioners for Respondents M/s. S. Selvaraj, P. Lakshmikanthan Smt.Yasmeen Ali for R1 & R2 And M. Selvaraj Shri Naveen Kumar Moorthy for R3 M/s.M.K. Subramanian & P.Velmani for R4 Mr.E.Manoharan,Addl.G.P for R5, R6 & R8 Application No.104 of 2016 (SZ) Applicant(s) Respondent(s) Nandivaram Radha Nagar 1. The Member Secretary, Residents Welfare Association Tamil Nadu Pollution Control Board, Rep. by its Secretary Mrs.N.Bhuvana, No.76, Mount Road, Guindy, Chennai Nandivaram, Guduvancherry . 2.The District Environmental Engineer Tamil Nadu Pollution Control Board Kancheepuram.
3.The Executive Engineer, Nandhivaram Guduvancherry Town Panchayat, Kancheepuram District
4.The District Collector, Kancheepuram Legal Practitioners for Appellant(s) Legal Practitioners for Respondents Mr.P.Rajesh Smt.Yasmeen Ali for R1 & R2 Shri Naveen Kumar Moorthy for R3 M/s.M.K. Subramanian & P.Velmani for R4 Application No. 34 of 2016 (SZ) Applicant(s) Respondent(s) S.P.Surendranath Karthik 1) The President, Thazhambur Village Ayyappa Nagar, Madipakkam Panchayat, Chengleput Taluk, Chennai Kancheepuram District.
2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Kancheepuram District
3. Tahsildar, Thiruporur, Chennai
4. Block Development Officer, Thiruporur Panchayat Union, Thiruporur, Chennai
5. Additional Chief Secretary to Govt. Public Works Department, Secretariat, Chennai
6. The Chairman, Tamil Nadu Pollution Control Board, Guindy, Chennai
7. The Chairman, Central Pollution Control Board, East Arjun Nagar, New Delhi
8. The District Collector, Collectorate, Kancheepuram.
9. Principal Secretary to Government, Dept of Environment & Forests & CC Secretariat, Chennai
10.Principal Secretary to Govt.
Department of Revenue, Secretariat, Chennai Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) Mr.Kaushik N.Sharma Mr.E. Manoharan, Addl.G.P for R4 & R5 Mrs.Yasmeen Ali for R2 & R6 Mr.M.K.Subramanian & P.Velman for R3, R8, R9 and R10 Mr.D.S.Ekambaram for R7 Application No.190 of 2015 Applicant(s) Respondent(s) C.N. Prem Sagar 1. Gudalur Municipality Gudalur, The Nilgiris. Rep. by its Commissioner, Gudalur
2. Collector of Nilgiris, At Udhagamandalam.
3. District Forest Officer, Gudalur
4. Nillialam Municipality, Rep. by its Commissioner,
5. MoEF & CC, New Delhi Legal Practitioners for Applicant(s) Legal Practitioners for Respondents Mr.A.V. Ilango Mr. M.K. Subramaniam Mr.Ashok Kumar P. Velmani for R2 & R3 M/s.P.Srinivas & N.K.Ponraj for R1 Mr.Gokul Krishnan for R5 Application No.209 of 2015 M.A.No.323 of 2015 (to vacate stay) Applicant(s) Respondent(s)
1.Mr.Madayya, Gudalur Taluk Vs. 1. Gudalur Municipality rep. by the The Nilgiris District Commissioner, Gudalur, The Nilgiris District
2. Rajendran 2. The Executive Officer Devershola Panchayath
3. The District Collector Uthagamandalum
4. The District Forest Officer Gudalur
5. The District Environment Engineer, Tamil Nadu Pollution Control Board, Erode
6. The Chairman, The Tamil Nadu Pollution Control Board,Chennai
7. The Secretary, PWD, Chennai
8. The Secretary to Govt. Detpt. Of Environment & Forest,Chennai Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s.A.U.Ilango and Ashok Kumar Mr.P.Srinivas, N.K.Ponraj & R.Purushothaman for R1 Mr.M.K.Subramanian & P.Velmani for R3, R4 & R8 Mrs.Rita Chandrasekar for R5 & R6 Mr.E. Manoharan, Addl.G.P for R7 Application No.287 of 2014 (SZ) Applicant(s) Respondent(s) Smt. S. Sumathi Saet Vs. 1. The Commissioner of Municipality Cheyyar Taluk Cheyyar Thiruvannamalai District 2. District Environmental Engineer Tamil Nadu Pollution Control Bd Thiruvannamalai
3. Chairman, Tamil Nadu Pollution Control Board, Chennai
4. Chairman, Central Pollution Control Board, Delhi
5. The District Collector Thiruvannamalai
6. District Police Office Thiruvananamalai
7. Sub-Inspector of Police, Cheyyar
8. Principal Secretary to the Govt Dept. Of Environment & Forests Chennai
9. Principal Secretary to the Govt Dept. Of Revenue, Chennai Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) M/s. Kaushik N Sharma and Mr.E. Manoharan, Addl.G.P for R-1 Umapathy Smr. Yasmeen Ali for R-2 & R-3 Mr. D.S. Ekambaram for R-4 M/s. M.K. Subramanian and P. Velmani for R-5 to R-9 Application No. 133 of 2015 (SZ) Applicant(s) Respondent(s) Mr.R. Saravanakumar, Vs. 1. The Health Secretary, Thiruppur. St.George Fort, Chennai
2. The Chairman, Tamil Nadu Pollution Control Board, Chennai
3. The District Environmental Engineer, The Pollution Control Board, Thiruppur
4. The Commissioner, Corporation Of Thiruppur Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) M/s. M. Easan, Iniyaa Easan Mr.E. Manoharan, Addl. G.P. Mr. Krishna Sreethar for R-1 Mr. A.M. Nataraj Mrs. H. Yasmeen Ali for R-2 & R-3 Mr.P.Srinivas, N.K.Ponraj & R.Purushothaman for R-4.
Application No. 163 of 2015 (SZ) Applicant(s) Respondent(s)
1.S.P. Surendranath Karthik 1. The President,
2. J. Jeya Sabare Eswran Vengaivasal Panchayat Madipakkam, 2. District Environmental Engineer Tamil Nadu Pollution Control Board M.M. Nagar
3. Tahsildar, Sholinganallur
4. Block Development Officer Chitlapakkam
5. Chairman, Tamil Nadu Pollution Control Board, Chennai
6. Chairman, Central Pollution Control Board, Delhi
7. The District Collector Kancheepuram
8. Principal Secretary to Govt Dept. Of Environment & Forest Chennai
9. Principal Secretary to Govt Dept. Of Revenue, Chennai Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) Shri. Kaushik N Sharma M/s. R. Diwakaran, S. Anbazhagan, S.P.S. Buddhan for R-1 Mrs. H. Yasmeen Ali for R-2 & R-5 MrE. Manoharam. Addl.G.P for R-4 Mr. D.S. Ekambaram for R-6 Mr. M.K. Subramanian & P.Velmani for R-3, R-7 to R-9 Application No. 179 of 2015 (SZ) Applicant(s) Respondent(s) Sri. S.P. Surendranath Karthik, Vs 1.President, Medavakkam, Madipakkam, Chennai Panchyat,Chennai
2. President Pallikaranai Town Panchayat
3. District Environmental Engineer Tamil Nadu Pollution Control Board M.M. Nagar
4. Tahsildar, Sholinganallur
5. Block Development Officer Chitlapakkam
6. Chairman, Tamil Nadu Pollution Control Board, Chennai
7. Chairman, Central Pollution Control Board, Delhi
8. The District Collector Kancheepuram
9. Principal Secretary to Govt Dept. Of Environment & Forest Chennai
10. Principal Secretary to Govt Dept. Of Revenue, Chennai
11. Zonal Officer, Corporation of Chennai, Puhuthivakkam
12. Regional Deputy Commissioner (South), Corpn. Of Chennai Adyar
13. Engineer-in-Chief Water Resources Organistion Chepauk, Chennai Legal Practitioners for the applicant: Legal practitioners for respondents Shri. Kaushik N Sharma & Mr. V. Meganathan for R-1 Mr.Umapathy Mrs. H. Yasmeen Ali for R-3 & R-6 Mr. M.K. Subramanian for R-4, R-8 & R-9 Mr.E. Manoharan, Addl.G.P for R5, R10 & R13 Mr. D.S. Ekambaram for R-7 Mr. Surya Prakash for R-11 and R-12 Mr. M. Dhandapani for R-14 Application No. 189 of 2015 (SZ) Applicant(s) Respondent(s) Mr. Babu @ Appun, Sathupperi 1.The Chief Secretary to Government Vellore Dist Vs. of Tamil Nadu, Chennai
2. The District Collecto, Vellore
3. The Asst. Director, Tamil Nadu Pollution Control Board,Vellore
4. The Commissioner , Vellore Municipality
5. The Secretary to Govt. of T.N Dept. Of Municipal Admn & Water Supply, Chennai
6. The President Sahupperi Village Panchayat Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) M/s. R. Bharanitharan, Mr.E. Manoharan, Addl.G.P P.K. Harinath Babu and for R-1 and R-5 N.K. Ponraj Mr. M.K. Subramanian for R-2 Smt. Rita Chandrasekar for R-3 M/s. P. Shanthi for R-4 M/s. Royan Law Associates Mr. K.V. Sanjeev Kumar for R-6 Application No. 133 of 2016 (SZ) Applicant(s) Respondent(s) Olympia Tech Park (Chennai) 1.State of Tamil Nadu, Pvt.Ltd., Chennai, rep. by its Rep. by its Secretary, Municipal Director Chandrakant Kankaria Vs. Admn & Water Supply Dept. Fort St. George, Chennai
2. The Chief Secretary to Govt Dept. Of Environment & Forests Chennai
3. Member Secretary, Tamil Nadu Pollution Control Board,Chennai
4. District Collector, Kancheepuram
5. The Director, Tamil Nadu Town & Country Planning Board, Chennai
6. The Director, Dept of Environment Chennai
7. Assist. Commissioner, The Greater Chennai Corpn., Chennai
8. Superintending Engineer, Solid Waste Management Dept,Chennai
9. The Director of Town Panchayats Chennai
10. Thiruneermalai Town Panchayat Rep. by Executive Officer
11. The District Environmental Engineer Tamil Nadu Pollution Control Board Chennai
12. Superintending Archeologist, Chennai
13. The Chief Engineer, PWD, Chennai
14. B. Madhu Sudhana Reddy Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) M/s.C.T. Murugappan Mr.E. Manoharan, Addl.G.P S.P. Vijayaraghavan for R1, R5,R9,R10 & R13 G. Thanigaivel Mr. M.K. Subramanian for R2, R4 & R6 Smt. Yasmeen Ali for R3 & R11 Mr.R.Surya Prakash for R7 & R8 Application No.180 of 2016 (SZ) Applicant/s Respondents P. Varatharajan 1. President Moovarasampet Moovarasampet Panchayat Chennai 2. Secretary Moovarasampet Panchayat
3. District Environmental Engineer Tamil Nadu Pollution Control Board M.M. Nagar
4. Tahsildar, Alandur
5. Block Development Officer Chitlapakkam
6. Chairman Tamil Nadu Pollution Control Board Chennai
7. Chairman Central Pollution Control Board Delhi
8. Chief Executive Officer Chennai Metropolitan Development Authority, Chennai
9. Member Secretary, Chennai Metropolitan Development Authority Chennai
10. The District Collector, Kancheepuram
11. The Executive Engineer, PWD Palar Dn. Kancheepuram
12. Director of Environment & Member Secretary, Chennai
13. Principal Secretary to Government PWD, Chennai
14. Principal Secretary to Government Dept. Of Environment & Forest Chennai
15. Principal Secretary to Government Dept. Of Revenue, Chennai Counsel appearing for applicant Counsel appearing for respondents Mr. Kaushik N. Sharma For R3 & R6 .. Mrs.Yasmeen Ali For R4, R5, R10 to R15 .. Mr.M.K. Subramanian Mr.P. Velmani For R7 .. Mr.D.S. Ekambaram For R8 & R9 .. Mr. Raja Srinivas Application No.181 of 2016 Applicant Respondent/s K.C. Palanisamy 1.The District Environmental Engineer Coimbatore Tamil Nadu Pollution Control Board Coimbatore
2. The Executive Officer Perur Town Panchayat Counsel appearing for applicant Counsel appearing for respondents S. Sathia Chandran Mrs.Yasmeen Ali for R1 R. Gobioka Mr.M.K. Subramanian & S. Pradeepa Mr.P. Velmani for R2 C. Rajaguru Note of the Orders of the Tribunal Registry Item No. 16th August, 2016 In all these cases, either a Corporation/Municipality or a Town/Village Panchayat is alleged to have been dumping Solid Waste (SW) either into a waterbody or blocking the free flow of water or near public places, without obtaining any ''permission'' or ''authorisation'' from the State Pollution Control Board or disposing the waste in an unscientific manner and not in accordance with the then Municipal Solid Waste (Management and Handling) Rules, 2000 and presently under the Solid Waste Management (SWM) Rules, 2016 and thus creating environmental and health hazards.
2. In many of these cases, we have granted interim order, directing the respondent-Corporations/ Municipalities/ Town Panchayats/ Village Panchayats not to dump any solid waste in any waterbody or on the banks of a river, thereby obstructing free flow of water or in any unauthorized place.
3. Application Nos.234 and 264 of 2013:
It is now complained that inspite of our orders, the Coimbatore Corporation is not only dumping the Municipal Solid Waste (MSW) in an unscientific manner and without following any process; but also the waste dumped into huge mounds, has been set on fire in the open yard. Inspite of the order, if the Corporation is allowing the burning of the said unsegregated waste, it will not only amount to disobeying the order of this Tribunal but also causing severe health hazard to public, besides polluting the environment.
4. We make it clear that within one week from today, if the said Corporation does not take step for the purpose of dousing the fire and also making arrangement for the scientific disposal of the solid waste, the Tribunal will have to invoke the ''polluter pays'' principle against the Corporation.
5. Application No.90 of 2015 and 104 of 2016:
Likewise, in respect of Nandhivaram - Guduvanchery Town Panchayat, in fact on the last date of hearing it was submitted that the District Collector, Kancheepuram has passed orders, allotting an area temporarily at Thirukalukkundram for disposal of solid waste. But it appears that the Panchayat is still dumping the solid waste on the GST Road within the Nandhivaram - Guduvanchery municipal limits and that too near a Panchayat school. A newspaper report has been brought to the notice of this Tribunal which makes abundantly clear that the Executive Officer of the said Town Panchayat has been not only inconsistent in his stand but also appears to defy all the orders.
6. Mr. Naveen Kumar Murthy, learned counsel appearing for the Town Panchayat would submit that he will make a visit to the area and take note of the features. We make it clear that in the event of finding that the said Town Panchayat is not only disobeying the orders of this Tribunal but also not following the directions given by the District Collector, ''polluter pays'' principle will be invoked, particularly making the Executive Officer personally liable for the same.
7. Application No.133 of 2016:
In respect of Thiruneermalai Town Panchayat, inspite of giving an undertaking that an alternate site at Keerappakkam has been chosen, the learned counsel appearing for the applicant would submit that the said Panchayat continues to dump the solid waste on the banks of the Adayar river which has the tendency of polluting the river water. Proposal for alternate site has been submitted as a part of cluster approach at Keerapakkam which is 15 KM away from Thiruneermalai and inspite of which they have been dumping the solid waste on the banks of Adyar river.
8. The learned counsel appearing for the Thiruneermalai Town Panchayat is directed to take note of the same and report about the actual happening. However, we make it clear that the Panchayat shall not dump any of the unsegregated solid waste either in or near the waterbody, until further orders from this Tribunal.
9. Application No.63 of 2013:
It is brought to the notice of this Tribunal that Poonamallee Municipality has been dumping solid waste just on the Poonamallee Eri. Learned counsel appearing for the applicant has also produced photographs to show that such dumping has been made on the waterbody.
10. In our order dated 27.3.2014, we have taken note of the contention raised by the learned counsel appearing for the applicant that inspite of the restraint order of the Tribunal which was passed in May, 2013, Poonamallee Municipality has been committing breach of order and continuously dumping the solid waste in the Eri. In fact in the said order, we have issued directions to the Municipality to erect a temporary shed away from the banks of Eri and dumping should not be made beyond that limit. The learned counsel appearing for the applicant submits that even beyond the limit of fencing, the Municipality is continuously dumping the waste on the waterbody.
11. The learned counsel appearing for the Poonamallee Municipality shall take note of the same and see that the order is scrupulously implemented, failing which the ''polluter pays'' principle will be invoked against the said Municipality.
12. In all these batch of cases which are relating to Solid Waste Management, as we have stated earlier, the Tribunal has passed interim orders against the Corporations/Municipalities/Town Panchayats/Village Panchayats, restraining them from dumping the solid waste in waterbodies and in unauthorised places. We again make it clear that in case of violation, the Tribunal will deal with the same in accordance with the provisions of the rules . Interim orders passed in all these cases shall be continued until further order from this Tribunal.
13. While passing interim orders, we have in fact directed the Corporations/ Municipalities/Town Panchayats/Village Panchayats to find out suitable alternate sites for scientific disposal of solid waste, after obtaining necessary authorization from the Pollution Control Board. But inspite of the said orders, we understand that the Corporations/Municipalities/Town Panchayats/Village Panchayats are under the impression that the Solid Waste disposal ends just with collection and dumping at one place, forgetting the fact that what required under law is not collecting and dumping but scientific treatment of solid waste beginning with source segregation. Apart from the aforesaid cases which are filed before this Tribunal, we are sure that a number of Corporations/Municipalities/Town Panchayats/Village Panchayats in the State of Tamil Nadu are unauthorisedly dumping solid waste , defying the legal provisions regarding the management of solid waste generated in their jurisdiction.
14. As materialism and consumerism is picking up, more and more waste is generated and it's unscientific disposal is assuming alarming proportions. The easier solution adopted by the local bodies is to just collect and dump the solid waste at some place and hence the local bodies resort to this practice. Corporations/ Municipalities also find that the collection, transport and dumping of waste is an easier proposition than processing it for reuse. Dumping of unsegregated solid waste requires large extent of land and it creates serious environmental and health hazards. Land is scarce and the local authorities dump the waste at different places around their cities/towns/municipalities and we often come across conflicts arising between the urban local bodies and adjacent villagers who oppose dumping of waste in their lands. Therefore, the right thing to do is to integrate the technology with a system of household level segregation of waste so that we do not require large extent of land for waste disposal and if we practice segregation and reuse the waste and if only a fraction of waste ultimately goes to an authorized secure landfill it will not only solves the problem and avoids conflicts but it also prevents the environmental and health hazards which we are presently facing. Waste must be processed and reused. There will be no value from waste, as energy or material, if it is not segregated. Source segregation is the most important aspect of waste management.
15. Therefore, we are of the considered view that we should issue certain directions, as a temporary measure, to all the Corporations/Municipalities/Town Panchayats/Village Panchayats and other local bodies, keeping in view the recently notified Solid Waste Management Rules, 2016.
16. Solid Waste Management Rules, 2016 came into existence with effect from 8.4.2016, in supersession of Municipal Solid Waste (Management and Handling) Rules, 2000. It is not only significant that the term ''Municipal'' has been removed for the purpose of extending the jurisdiction beyond the municipal areas but also the Solid Waste Management Rules, 2016 intend to impose responsibilities and liabilities on every stakeholder, including the waste generators, as defined under Rule 3 (56) of the said Rules which defines the waste generator a follows:
''waste generator'' means and includes every person or group of persons, every residential premises and non residential establishments including Indian Railways, Defence establishments, which generate solid waste''
17. Rule 4 to 18 impose duties and responsibilities not only on the waste generators but also on the Ministry of Environment, Forest and Climate Change; the Ministry of Urban Development;
Department of Fertilizers, Ministry of Chemicals and Fertilizers;
Ministry of Agriculture; Ministry of Power; Ministry of New and Renewable Energy Sources of Government of India; the Secretary in-charge of Urban Development in the State and Union Territories;
District Magistrates/District Collectors/Deputy Commissioners;
Secretary-in-charge of Village Panchayats or Rural Development Department in the State and Union Territory; Central Pollution Control Board; Local Authorities and Village Panchayats of Census Towns and Urban Agglomeration; State Pollution Control Board/Pollution Control Committee; Manufacturers or brand owners of disposable products and sanitary napkins and diapers; Industrial units located within one hundred km from the Refused Derived Fuel (RDF) and waste to energy plants based on solid waste.
18. The term ''Solid Waste'' is defined under Rule 3(46) of the said Rules which reads as follows:
''solid waste'' means and includes solid or semi-solid domestic waste, sanitary waste, commercial waste, institutional waste, catering and market waste and other non residential wastes, street sweepings, silt removed or collected from the surface drains, horticulture waste, agriculture and dairy waste, treated bio-medical waste excluding industrial waste, bio-medical waste and e-waste, battery waste, radio-active waste generated in the area under the local authorities and other entities mentioned in rule 2''
19. Rule 2 of the said Rules speaks about the applicability of the Rules and makes it very clear that the Rules apply to every urban local body, outgrowths in urban agglomerations, census towns as declared by the Registrar General and Census Commissioner of India, notified areas, notified industrial townships, areas under the control of Indian Railways, airports, airbases, Ports and harbours, defence establishments, special economic zones, State and Central government organisations, places of pilgrims, religious and historical importance as may be notified by respective State government from time to time and to every domestic, institutional commercial and any other non residential solid waste generator situated in the areas except industrial waste, hazardous waste, hazardous chemicals, bio medical waste, e-waste, lead acid batteries and radio active waste that are covered under separate rules framed under the Environment (Protection) Act, 1986.
20. The term ''waste generator'' includes every person who is capable of generating waste and therefore it is not only the responsibility of the municipalities and local panchayats to follow the rules but also the responsibility of every person who generates waste and this appears to be the basic concept of the new Rules framed by the Government of India. That is the reason why under Rule 4 exhaustive duties have been imposed on the ''waste generator''.
21. As per the said Rules, there are three separate streams namely bio-degradable, non bio-degradable and domestic hazardous wastes and they are directed to be separated at source in suitable bins. This shows that the source segregation is the basic idea of the Rules.
22. The term ''biodegradable waste'' is defined under Rule 3 (4) of the said Rules to mean any organic material that can be degraded by micro-organisms into simpler stable compounds.
23. The term ''non-biodegradable waste'' is defined under Rule 3 (32) of the said Rules to mean any waste that cannot be degraded by micro organisms into simpler stable compounds.
24. The term ''domestic hazardous waste'' is defined under Rule 3 (17) of the said Rules to mean that discarded paint drums, pesticide cans, CFL bulbs, tube lights, expired medicines, broken mercury thermometers, used batteries, used needles and syringes and contaminated gauge etc, generated at the household level.
25. After segregation of the waste into three categories, the Rules contemplate that the same must be handed over to authorised waste pickers or waste collectors, as notified by the local authority from time to time.
26. In fact, the Rule also defines the term ''waste picker'' under Rule 3 (58) to mean a person or group of persons informally engaged in collection and recovery of reusable and recyclable solid waste from the source of waste generation viz., the streets, bins, material recovery facilities, processing and waste disposal facilities for sale to recyclers directly or through intermediaries to earn their livelihood. The Rules thus takes into account the rag picker in the name of waste picker and associates them in the concept of Waste Management Scheme.
27. Rule 4 deals with the duties of waste generator and prohibits any waste generator from throwing, burning, burying the solid waste generated by him on streets, open public spaces outside his premises or in the drain or water bodies. It further speaks about the organisers of events stating that no person shall organise an event or gathering of more than one hundred persons at any unlicensed place, without intimating the local body, at least three working days in advance and such person or the organiser of such event shall ensure segregation of waste at source handing over of the segregated waste to waste collector or agency as specified by the local body. Further, it imposes responsibilities on the street vendor to keep suitable containers for storage of waste generated during the course of his activity such as food waste, disposable plates, cups, cans, wrappers, coconut shells, leftover food, vegetables, fruits etc., and shall deposit such waste at waste storage depot or container or vehicle as notified by the local body.
28. It also imposes responsibility on all the resident welfare and market associations that within one year from the date of notification of these rules and in partnership with the local body ensure segregation of waste at source by the generators as prescribed in these rules, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorised recyclers. It also states that the bio-degradable waste shall be processed, treated and disposed off through composting or bio-methanation within the premises as far as possible. The residual waste shall be given to the waste collectors or agency, as directed by the local body.
29. Further, in respect of gated communities and institutions with more than 5,000 sqm area are having the responsibility that within one year from the date of notification of these rules and in partnership with the local body, ensure segregation as stated above.
The same responsibility is fixed on the hotels and restaurants.
30. Therefore, Rule 4 is not only exhaustive but also introduces the concept of responsibility on waste generators from the lower level viz., household level so as to see that ''zero waste generation'' is the ultimate goal.
31. Rule 15 is another important statutory Rule which makes the local authorities and village Panchayats of census towns and urban agglomerations as the primary responsible authorities. The said Rule 15 (v) contemplates construction, operation and maintenance of solid waste processing facilities and associated infrastructure by every one of the local bodies on their own or with private sector participation or through any agency for optimum utilisation of various components of solid waste, adopting suitable technology and adhering to the guidelines issued by the Ministry of Urban Development from time to time and standards prescribed by the Central Pollution Control Board.
32. The Rule enables that preferential treatment should be given to the decentralised processing, to minimize transportation cost and environmental impacts such as bio-methanation, microbial composting, vermi-composting, anaerobic digestion or any other appropriate processing for bio-stabilisation of biodegradable wastes.
33. That apart, it enables waste to energy processes, including Refused Derived Fuel (RDF) for combustible fraction of waste or supply as feedstock to solid waste based power plants or cement kilns.
34. Another Rule, which is relevant under the Solid Waste Management Rules, 2016 is Rule 22 which prescribes the time frame for implementation of these rules and fixes responsibility on the local bodies and other concerned authorities as follows:
S.No. Activity Time Limit
from the date
of
Notification
of
Rules
1. Identification of suitable sites for setting up 1 year solid waste processing facilities
2. Identification of suitable sites for setting up 1 year common regional sanitary landfill facilities for suitable clusters of local authorities under 0.5 million population and for setting up common regional sanitary landfill facilities or stand alone sanitary landfill facilities by all local authorities having a population of 0.5 million or more
3. Procurement of suitable sites for setting 2 years up solid waste processing facility and sanitary land fill facilities
4. Enforcing waste generators to practice 2 years segregation of bio degradable, recyclable, combustible, sanitary waste domestic hazardous and inert solid wastes at source
5. Ensure door to door collection of 2 years segregated waste and its transportation in covered vehicles to processing or disposal facilities.
6 Ensure separate storage, collection and 2 years transportation of construction and demolition wastes
7. Setting up solid waste processing facilities 2 years by all local bodies having 100000 or more population
8. Setting up solid waste processing facilities 3 years by local bodies and census towns below 100000 population
9. Setting up common or stand alone 3 years sanitary landfills by or for all local bodies having 0.5 million or more population for the disposal of only such residual wastes from the processing facilities as well as untreatable inert wastes as permitted under the Rules.
10. Setting up common or regional sanitary 3 years landfills by all local bodies and census towns under 0.5 million population for the disposal of permitted waste under the rules
11. Bio-remediation or capping of old and 5 years abandoned dump sites
35. On a over all reading of the statutory rules makes it clear that the Ministry of Urban Development, Government of India, in coordination with the State Governments and Union Territory Administration, must formulate a National Policy and strategy on Solid Waste Management, including policy from waste to energy, in consultation with all the stakeholders within six months from the date of Notification as seen in Rule 6 (b) of the Rules. It also mandates the Urban Development Department in the States and Union Territories to frame such policy on solid waste management strategy not later than one year from the date of notification, as it is seen under Rule 11(a) of the Rules and prepare the State policy, in consultation with the stakeholders, including representatives of waste pickers, Self Help Groups and similar groups working in the field of waste management and in consonance with the National Policy on waste management. That apart, the local authorities are directed to prepare a solid waste management plan as per the State Policy and strategy within six months from the date of notification and send the same to the State Government or Union Territory for approval.
36. Therefore, in respect of implementation of SWM Rules, 2016, the three main stakeholders viz, the Government of India, State Government and the Local Authorities are given with the specific time frame. However, under Rule 15(c) the local bodies shall recognise the organizations of waste pickers/informal waste collectors and promote and establish a system for integration of these waste pickers and waste collectors to facilitate their participation in SWM, including door to door collection of waste, without waiting for the policy to be framed either by the Government of India or by the State Government or by the local authority itself.
Rule 4(3) imposes an obligation on the part of waste generator to pay ''user fee'' for solid waste management as per the bye laws framed by the local bodies as contemplated under Rule 15(e) and states that such bye laws have to be framed by the local bodies within one year from the date of notification.
37. The over all topography of the said Rules makes certain things very clear that the rule makers primarily aspire that the source segregation of waste has to be implemented forthwith in the country.
The responsibilities are fixed not only on the waste generators; but also on the local authorities which are expected to not only frame bye- laws for the purpose of implementing the scheme which must be not only in accordance with the State Policy but also as per the contents of the statutory rules. The SWM plan to be prepared by the local bodies shall include the method of waste processing, involving community in the waste management, creating public awareness in respect of the management of waste etc., as contemplated under Rule 15, including,
(i) not to litter the waste in open
(ii) minimise generation of waste
(iii) reuse the waste to the extent possible
(iv) practice segregation of waste into bio-degradable, non-bio-
degradable (recyclable and combustible) sanitary waste and domestic hazardous wastes at source
(v) practice home composting, vermi-composting, bio-gas generation or community level composting
(vi) wrap securely used sanitary waste as and when generated in the pouches provided by the brand owners or a suitable wrapping as prescribed by the local body and place the same in the bin meant for non-biodegradable waste
(vii) storage of segregated waste at source in different bins
(viii) handover segregated waste to waste pickers, waste collectors, recyclers or waste collection agencies; and
(ix) pay monthly user fee or charges to waste collectors or local bodies or any other person authorised by the local body for sustainability of solid waste management.
The waste management comprises of all activities required not only managing the waste from its inception; but till its final disposal, which includes collection, transportation, treatment and disposal and thereafter monitoring of the entire activities in accordance with the regulations.
38. In view of the above said object, it is certainly mandatory on the part of the every waste generator and also the local bodies and other stakeholders to scrupulously implement the rules and therefore, we intend to pass the following orders as an interim measure:
(1) Segregation at source should be at the heart of local bodies'.
Solid Waste Management System. It shall remain as a centric approach solution. Landfills should only be used for residual waste i.e., non-usable, non-recyclable, non-bio degradable, non-
combustible and non-reactive. Every effort will have to be made to recycle or reuse the rejects to achieve the desired objective of ''zero waste'' to landfill.
(2) The Corporations/Municipalities/Town Panchayats/Village Panchayats in the State of Tamil Nadu shall facilitate source segregation at household level. Therefore, we direct the above said authorities to immediately provide three colours of bins; one in green, other in white and another in black; the green to be used for bio-degradable waste, white to be used for recyclable waste and black for other wastes.
(3) The local authorities shall immediately identify the waste pickers and waste collectors in each of the areas without waiting for framing of bye-laws to whom the household segregated waste shall be handed over to ensure immediate implementation of new SFM Rules, 2016 as waste generation is a continuous activity.
(4) Out of the three, the bio degradable waste shall be processed by way of composting or otherwise in an identifiable yard by the local body. The said yard may be situated within the premises of solid waste process facility or it may be at any other suitable place.
(5) All the governmental authorities, including the local bodies, Central Pollution Control Board and State Pollution Control Board shall create public awareness about the importance of source segregation by organizing mass programmes, involving all the stakeholders and it shall be done by each Corporation/Municipal authorities and Panchayats at the earliest point of time.
(6) Till the Central policy and State Policy are formulated within the time limit specified under the Rules, the Corporations/ Municipalities/ Town Panchayats/Village Panchayats shall erect temporary sheds for the purpose of segregation of non-bio degradable waste in accordance with the directions of the State Pollution Control Board. As stated above, it is only after following the scientific method of handling non bio degradable waste, including recycling, the remaining inert materials shall be taken to landfill site which shall be identified by each local body with the consent of the State Pollution Control Board. Before taking the residual inert materials to the landfill site, Materials Recovery Facility (MRF) has to be set up. MRF is defined under Rule 3(31) which means a facility where non-compostable solid waste can be temporarily stored by the local body or any other entity mentioned in rule 2 or any person or agency authorised by any of them to facilitate segregation, sorting and recovery of recyclables, from various components of waste by authorised informal sector of waste pickers, informal recyclers or any other work force engaged by the local body or entity mentioned in rule 2 for the purpose before the waste is delivered or taken up for its processing or disposal.
39 No one, including the local bodies viz., Corporations/ Municipalities/ Panchayats shall dump any sort of solid waste on any water body or marsh land or on banks of river etc.
40. It shall be open to the local bodies to choose any of the suitable places, in consultation with the State Pollution Control Board for creating composting yard.
41. The local bodies shall immediately exercise their powers vested under SWM Rules, 2016 without waiting for the formulation of National Policy or State Policy and give directions regarding source segregation, collection of waste by authorised waste pickers, waste collectors, SHGs, duly prescribing ''user fees'' to be collected from the waste generators and obtain authorisation from the State Pollution Control Board if the waste exceeds 5 MT per day and getting Environmental Clearance (EC) from SEIAA, in case of establishing common solid waste management facility.
42. We hope that these interim measures will be applicable to all the stakeholders and a report will be filed on the next date of hearing.
We also incidentally direct the State Government as well as the State Pollution Control Board to arrange sensitisation programmes to all the concerned officials of the State Pollution Control Board as well as the officials of the local bodies i.e., Corporations/Municipalities/Town Panchayats/Village Panchayats about the essence and strict implementation of SWM Rules, 2016. This will enable the officials who are to implement the tenets of the rules to understand the ambit and scope of the rules. Inspite of the earlier Municipal SWM Rules coming into force in the year 2000, not much effort was made for scientific management of solid waste by the local bodies and unscientific disposal of solid waste has assumed alarming proportions, seriously affecting the environment and creating health hazard. Also, it has lead to filing of large number of litigations in the courts.
43. Apart from the instructions which we have given in the beginning in this order, in case where there has been violation of our orders or in case where the dumping of solid waste is taking place in the waterbody or open spaces etc. it is always open to the concerned affected person to move so that no dumping in waterbody, open spaces, unauthorised places take place which shall apply to all the Corporations/Municipalities/Town Panchayats/Village Panchayats, including all the applications which are pending before this Tribunal.
The Registry is directed to directly send a copy of this order to the Chief Secretaries for taking immediate necessary action not only in the State of Tamil Nadu but also in Andhra Pradesh, Telangana, Karnataka and Kerala and Union Territory of Puducherry which fall under the jurisdiction of Southern Zone Bench of National Green Tribunal, Chennai. The Chief Secretaries shall forward the order to the following officers in their State with instructions to immediately start implementing the new Solid Waste Management Rules, 2016, in letter and spirit.
1) Secretary, Urban Development
2) Secretary, Municipal Administration
3) Secretary, Local Self Government
4) Secretary, Panchayat Raj
5) Secretary, Rural Development
6) Chairman, Pollution Control Board/ Pollution Control Committee Post Application Nos.63, 234 and 264 of 2013 Application Nos.90 and 189 of 2015 & Application No.104 of 2016 on 13.9.2016 for further orders Post all other cases on 18.10.2016 for further orders. .............................................., JM (Justice Dr.P. Jyothimani) ..............................................,EM (Shri P.S. Rao)