National Green Tribunal
Kunhikrishnan.R, Aged 68 Years, ... vs Ministry Of Environment, Forest And ... on 8 June, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.09:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.89 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Kunhikrishnan R and Ors.
...Applicant(s)
Versus
Union of India and Ors.
...Respondent(s)
Date of hearing: 08.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): None appeared.
For Respondent(s): Mr. E.K. Kumaresan through Mr. Sarath babu for R2, R4
and R5
Ms. Rema Smrithi through Ms. Nivedita Menon for R3
ORDER
1
1. The above case has been posted today for consideration of further progress report regarding the establishment of STP inside the Naval Academy, Ezhimala as the case has already been disposed of by Judgment dated 04.03.2021 with directions to submit periodical report regarding the compliance of the recommendations of the Committee by the Naval Academy in order to mitigate the circumstances mentioned in the application.
2. As per order dated 29.10.2020, this Tribunal had considered the report submitted by the Pollution Control Board and it was adjourned to 07.01.2021 to enable respondents 7 and 8 to file their status report regarding the implementation of the recommendations and the present status. Thereafter, the matter has been adjourned from time to time to get the further report and lastly adjourned to today by notification dated 27.04.2021.
3. When the matter came for hearing today, there was no representation on behalf of the applicant. Mr. E.K. Kumaresan through Mr. Sarath babu respondents 2, 4 and 5 to 4 and Mr. Ms. Rema Smrithi through Ms. Nivedita Menon represented 3rd respondent.
4. The Pollution Control Board has filed a further report dated 02.06.2021, e-filed on 03.06.2021 and received on 04.06.2021 which reads as follows:
REPORT FILED BY THE ENVIRONMENTAL ENGINEER. KERALA STATE POLLUTION CONTROL BOARD. DISTRICT OFFICE, KANNUR ONBEHALF OF 5th RESPONDENT IN THE ABOVE CASE 2 Report filed as per the direction of Hon'ble National Green Tribunal by Smt. Anita Koyan, Aged 51 years, D/o Sri. A.Kumaran, residing at Malaparamba, Kozhikode, Environmental Fngineer, Kerala State Pollution Control Board, District Office, Kannur, on behalf of the 5th respondent.
Indian Naval Academy (herein after referred to as the Academy) located at Ezhimala conducts basic training for all officers inducted in to the Indian Navy and Indian Coast Guard. The campus has training institutions, officers' residential accommodations, squadron, academic, main building complex, civilian accommodation, naval sailors accommodation and hospital. There were complaints against the Academy for the pollution of the wells of nearby residents in January 2017. Board has taken several measures and has issued instructions to the Academy for redressing the complaint and has also complied with the time to time directions of Hon'ble NGT and has submittedreports detailing the action taken. The Hon'ble NGT vide order dated 4.03.2020, has disposed of the case with directions to respondents. The specific instructions to KSPCB and joint committee Formed by the Hon'ble NGT of which KSPCB is a member are asgiven below
v) Kerala State Pollution Control Board is directed to make periodical monitoring of the progress of the establishment of the new proposed STP and its functioning and also check the improvement of the well water quality in the neighboring areas.
vi) As per Order dated 28.01.2A20, this Tribunal had directed the committee to suggest the remediation method by which the water quality in the nearby wells can, be improved but no such report is seen filed even today. However, we direct the Kerala State Pollution Control Board (KSPCB) or the committee which is already seized of the matter to suggest concrete recommendations and remedial measures to solve the problem of contamination of water caused in the nearby wells of the residential area near to the academy and give proper direction to the eight respondent / Ezhimala Naval Academy to improve the water quality in the neighboring areas.
vii) The committee shall submit a periodical report regarding the suggestions given and the steps taken by the Indian Navel Academy Ezhimala to resolve the issue of improving the quality of potable water in the neighboring wells which the Board found as contaminated.
viii) They can also consider the question of improving the green belt within the campus, so that water percolation into the soil can improve.
ix) Pollution Control Board shall submit a report to this Tribunal periodically once in three months for consideration of this Tribunal to monitor the improvement of the situation particularly with reference to the water quality in that area.
It is informed that inspection to the Academy could not be conducted due to the rising COVID pandemic issues followed by lock down. However compliance to the instructions of the Board has been enquired and status collected. The treated sewage analysis results are displayed and the values are seen within tolerance limits which shows the existing Sewage Treatment Plant is functioning satisfactorily. The copy of the result is attached herewith. Also the construction of new two Sewage Treatment Plants of capacity 0.6 3 and 0.3 MLD is nearing completion . Over ninety percent of the work is said to have completed. The rest of the two new Sewage Treatment Plants are in tendering stage, and it takes almost two to three months for completing the tendering procedures.
The collection of well water samples from nearby wells could not be done as the district is under lock down due to COVID. It is submitted that the collection and analysis of well water samples will be carried out as soon as the lockdown is lifted.
The Indian Navel Academy is complying with the instructions of theBoard.
Dated 02nd day of June 2021.
ENVIRONMENTAL ENGINEER
5. It is seen from the report that the construction of two new sewage treatment plant of capacity of 0.6 and 0.3 MLD is nearing completion and above 90% work has been completed. The rest of the two new sewage treatment plants are in tendering stage, and it takes almost two to three months for completing the tender process. They have mentioned that the collection of well water samples from the nearby well could not be done due to lockdown. It is also mentioned that Indian Navel Academy is complying with the instructions of the Board.
6. Considering the circumstances that the Pollution Control Board is monitoring the activities and there are improvements in the progress of establishing new STPs etc we feel that there is no necessity to further monitoring by this Tribunal as it is the duty of the regulator to monitor and if there is any violations to take appropriate action against the violators. So under such circumstances, we feel that the matter can be closed by directing the Kerala State Pollution Control Board to monitor the progress of the work of establishing new STPs and ensure that thery cater to the needs of the naval academy and redress the grievance of the 4 people regarding the contamination caused to water. If there is any further contamination caused on account of the activities of the naval academy then they are directed to take action against them in accordance with law. They are also directed to monitor the implementation of the direction given by this Tribunal which were given on the basis of the Joint Committee report and to avoid further complaints which were received from nearby public in this regard. If there is any future cause of action of any pollution caused, the liberty of the applicant to approach this Tribunal is left open.
7. With the above directions and observations, the matter is closed as no further direction is required.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Dr. K. Satyagopal) O.A. No.89 /2017 (SZ), 8th June, 2021. (AM) 5