National Green Tribunal
Arappor Iyakkam, Rep.By Jayaram ... vs Government Of Tamil Nadu, Rep. By Its ... on 28 April, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.06 Court No -- 2 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 50/2017 (SZ) (through video conference) IN THE MATTER OF Arapporiyakkam - "s ...Applicant(s) Government of Tamil Na And others. .Respondent(s) Date of hearing: 28.04 20 CORAM: HON'BLE Mr. Jl HON'BLE Dr. SATY For Applicant(s): Mr. Jayaram Venkatesan (Party -- in -- person) For Respondent(s): Dr. D. Shanmuganathan for Rl & R2 Mr. Gokul Sundar for R3 Mr. Ramlal Additional Advocate General along with Mrs. P.T. Rama Devi through Mr. Raghul Adithya for R4 ORDER
1. As per order dated 21.03.2022, this Tribunal after considering the report of the 3° respondent/Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) dated 14.02.2022, e-filed on 17.02.2022 and extracted in Para (3) of the order and then passed the following order:-
"4. The Greater Chennai Corporation has also filed a report in the form of reply affidavit wherein they have bout the works undertak ign.of Villivakkam 'Lake. «The:
, Treatment.Ultra Filtration (TTUF).Pla) 1 by them for planned beyond the buffer zone of the water body only.
According to the Greater Chennai Corporation, the objections raised by the applicant regarding the bund etc. will apply only to the natural water reservoirs and natural lakes and not the lake like developed Villivakkam Tank. They also relied on certain decisions to justify their activities, applying the principle of "Sustainable Development". But when it comes to the question of encroachment into the water bodies and polluting the water bodies, the principle of "Sustainable Development" will not be a hurdle for protecting the water bodies, whether it is natural or manmade one.
6. It is not clear from the report submitted by the Greater Chennai Corporation as to what is the original water spread area of the lake, whether on account of construction of the bund by deepening the same, had it reduced the water spread area and if so, what extent it has been reduced and also to what extent storage capacity has been increased due to the work undertaken by the Greater Chennai Corporation with reference to the original storage capacity. |
7. The CMWSSB did not mention as to what is the } e TTUF Plant remaining area can..be. hande i Corporation for developing that als the light of the observations made by this Tribunal on or before 19.04.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules and get ready with the matter on 20.04.2022.
9. The Registry is directed to communicate this order to the official respondents, Managing Director - CMWSSB, Commissioner -- Greater Chennai Corporation by e-mail for their information and compliance of directions.
2. The case was originally posted to 20.04.2022 for consideration of further action taken report. On 20.04.2020, the matter has been adjourned to today by notification.
3. The 3% respondent/Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) also filed a report dated 18.04.2022, e-filed on 19.04.2022 which reads as follows:-
REPORT FILED BY THE 3 RESPONDENT I, VG. Ramaswami, S/o. V, Gurusamy, Hindu, aged about 8 years now working as Superintending Engineer (Central/ Co-ord) in Chennai Metropolitan Water Supply & Sewerage Board, having office at Urban Administrative Building, 294 Foor, No.75, Santhome High Road, MRC Nagar, Chennai-28 do hereby solemnly affirm and states as follows:-
i. | am working as the Superintending Engineer (Central/ Co-ord) in of Chennai Metropolitan Water Supply & Sewerage Board and representing for the 3*¢ Respondent herein and as such | am well acquainted with the facts of the case from records,
2. Further J humbly submit that in the NGT order dated 21.03.2022 at Para No.7 itis mentioned that:
3.
4, "The CMWSSB did not mention as to what is the extent of land can be restricted for the TTUF plant which they proposed to establish and whether the remaining area can be handed over to the Greater Chennzai Corporation for developing that also part of Villivakam lake, But they have only mentioned that this will be placed before the CMWSSB and after getting the deciston of the Board, they may be able to file a report in this regard"
i further humbly submit that for the above mentioned direction in Para No.2, it is submitted that 3 acre of land is required for construction of OMLD TTUF plant also considering the provision towards future expansion. I further submit that enter Upon permission for an area of about 27.5 acres has already been accorded to GCC upon the approval of Board vide Res No.54/2017 dated 15.07.2017, With regard to this Hon'ble Tribunal's query regarding handing over the remaining 8 acres (11.50 acres - 3.50acres) of land to the GCC, it is submitted that the said proposal is being considered in the ensuing Board meeting. | will immediately report the decision of the Board after the meeting and humbly pray that this Hon'ble Tribunal be pleased to grant further time to report on this aspect,
9. It is therefore humbly prayed that, this Hon'ble Tribunal may be Pleased to accept my response on behalf of the Board and thus render justice, rc i |
4. The 4™ respondent/Greater Chennai Corporation (GCC) had filed a report in the form of reply affidavit on the basis of the directions given by this Tribunal which reads as follows:-
REPLY AFFIDAVIT ON BEALE OF THE GREATER CHENNAI CORPORATION {Gagandeep Singh Bedi, S/o Dr.T.S.Bedi,Sikh aged aboul o4 years, Greater Chernmai Corporation having an office at Ripan Building, Chennai ~ 800003, do hereby solemnly atin and sincerely submul ae follows. i, Jam working as the Cormmissioner in the Greater Chennai Corporation, anid hence | am well acquainted with the facts and circumstances of the case, and I ars filing this affidavit on behalf of the Greater Chennai Corporation.
2. | respectfully submit thal Arappor Iyyakarn, represenfed by Thiru dayaramVenkatesan, fled the above application before the National Green Tibunal in O.A. Na. 50 of 2017 with the prayer concerning the environment, existence of Villvakkam/Ronaur Lake, flooding and dumping of Metro Rail debris and clauming the area of the lake is 214 acres and such, s
3. In the reference cfted the Hon 'ble National Green Tribunal order dated OF 01.2022 in O.A, Na. 30 of 2017, fled by Arappor Iyakkam represented by Jayaram Venkatesan stated as follows: -
"8, The Greater Chennai Corperation (G0C} as well as the Chennai Metropolitan Water Supply and Sewerage Board (CMIWSSHE) are alse directed to look ute the issue on the basis of the observations made by this Trigunal te avoid such constructions in those areas ar otherwise they can expect the consequential orders of removing those constructions from thet area in order fo protect the water body which ultimately will result in unnecessary loss for the Greater Chennai Corperetion (GCC) as well as the Chennai Metrogolitan Weter Supply und Sewerage Board (CMWSSBI, which they can avoid and they can use their fands with discretion and in a judicial manner to protect the water body than reduce the aeter storing area or the oapaeliy ef the ater body since If was intended that the water body will be restored fo its original capacity and protected when the area was restored fo the Greater Chennai Corporation ACC) iO. The Chennai Metropolitan Water Supply and Sewerage Board (CMWSSH) is alse directed to consider the question of shifting freatment Ultra Filtration Plant to STP area as mentioned by this Tribal, 11, The respective affidavit will have to be Nied by the responsible officer at the rank of Managing INrector, Chennat Metropolitan Water Supply and Sewerage Board (CMWSSE) and the Commissioner of Greater Chennai Corporation, so that they may be knowing about the ground reality before fhe reports are being submitted to the Tribunal and the consequences of adverse arders likely to be passed by this Tribunal on account of nencemplance af the orders already pussed...° 4, Trespecttully submit that ae per the order dated OY 01.2022 by the Horvble National Green Tribunal, the Comumssioner, Greater Chennai Corporation, Deputy Commussioner (Works},and the Managing Directar, CMWSSE made 4 joint inspection on 14.02.2022 along with other officials. Before this, another joint inspection was done by the Managing DNrector, CMWSSB, and Gepuly Commissiener (Works), Greater Chennai Corporation, on 03.02.2022. Based on the analysis of the entire sublect matter and detailed deliberations conducted, the following details are submitted.
3, } respectfully submit that the primary corlention of the petitioner that the Vilivakkam/Konnur Lake ia measuring a total extent of 214 acres is without any proper evidence or records available. As per the ofd revenue records, the Public Works Department had owned lands in the said area only measuring te a total extent af 126.12 acres as far back as i984, f further submit that the Public Works Department had transierred the lands mwastiring an extent of 126.12 acres to the Tarnil Nadu Housing Board (TNHB} vide G.G. Ms. No. 1759, Revenue Department dated 25.10.1984, for a consideration of Rs. SOGO/- per acre pee R &, [respectfully submit that the Tamil Nadu Housing Board had oF trek 2 Aulotted a part af the lands te the SIDXTO Residential Blocks and to develop SIDCO Industrial Estate. [further submit that in the year 1941, the Tarn Nadu Housing Board transferred lands measuring an extent of S29 acres with the canstruction and fimietloning Sewerage Treatement Plant (STP) to the Chenriai Metro Water Supply and Sewerage Board PCMWSSB}. After that, the land was maintained as an oxidation pond and Sewage Treatment Plant by CMWSSB. The oxidation pond and the QE land belonging to the CMWSSB had Hmited water holding capacity and it used to causewater stagnation during heavy PAIS.
frespectiully submit that smee 39 acres of the land with the we Sewage Treatment Flant was a large open low-lying area, Ht has been clanmed ag a Lake without verifying the proper revenue records or the nature of the said land. I farther submit that there was only an oxidation pond and Sewage Treatment Plant present in the said extent of land that was constructed by the TNHB before handing it over to the CMWSSB. The petitioner without any relevant documents ar records has claimed the whole extent of 214 acres as Vilivakkam/Kenaur Lake.
8. { respectfully submit that in 2015, heavy ramlall caused flooding and stagnation of water m the SiDbCO Nagar allegedly due to the dumping of debris in the vacant lands by the Chennai Metro Rail Limited. The dumped debris in the area had allegedly blacked the rainwater flow into the Kumaraswamy canal that resulted in Hoocding, in and arcund the areas of SEDCO Nagar.
2. I respectflilly subroit that later on in the year 2015, the Chennai Metro Water Supply and Sewersge Board handed over an extent of 27.8 acres to the Greater Chennai Corporation vide Board Resolution No. 54 of 2017 for the rafevenation and restoration of the oxidation gond and withheld the remaining 11.5 acres of land.
in arder to mitumate the floading of SIDCO Nagar and to uliise the Villvakkam land of 27.5 scres .[TUPISIL had appoinied M/s INMAAS {fo prepare a detailed project repert. M/s INMAAS had subnutted DFE in the year 2018. However, Sten Water Department of GCC, constructed TVS canal connecting North averrue canal which is the discharge outlet for Ambattur lake and it joing Otteri Nullah canal bypassing Valivakkam tank. Before the construction, flood discharge from Ambattur lake used the discharge from STDCO ot to flood the Villvakkam area inturn blocking Nagar. Now, due to the presence of the Iined TVS canal, water from the upstream does not enter villwakkam area. The only seuree af water lor villivakkar lake is runolf from the surroundiag ares.10
Lo. itis subrnitted that at the thme of handing over of the land to By ° the OCC, part of the area was encroached. The GCC has paid Bs. 14.23 Crores to Shim Board to enumerate 268 herrasehold for y An elaborate planning and steps have rehebitaten aril taken to remove these encroachments, cut of the 268 encroachment on rs the lard, the GCC has already rernoved 76 encroachments after rehabilttating the enchroachere in termerments built by the Tareil Nadu Urban Rabiteat Developuruent Board. Por the rest of the GCC has deposited the beneficiary contribution as required) by TNHUDD. Negotiations at the grassroots level are Deine carried out so that the rest of the errcroachers can also he resettled peacefully. The tentative lime reqiired for hall resettlement is 6 monthe from now.
PL. T respectfully sutunit that, the Greater Chenmal Corneration had removed all the debris that has been dumped by the Chennai Metra Rail Liruted and started the restoratian and development oroceas. | further gubmit that the Greater Chenma!l Corporation has taken several effective steps to avoid foods in SIDCO Nagar and Vilivakkam by the comsiruction af Storm Water Drains. There is no proof or evidence for flooding ancl stagnation of water even in the recent monsoon season that witnessed 4 record-breaking rains clearly hitting seme other parts of the city during November and December O21.11
12. i further submit thet deepening the por and increasing the capacity of the tank, has prevented areas around SUDOO Nagar from flooding, The Greater Chennai Corporation has taken all the necessary steps to address the petitioner's concern about flooding, the New of seweugs water, femoving the debris dumped in that arca, and develoning the oxiiation pomd inte a rnanmare water body. To illustrate this, an articic was. published im News Indian Express, Chennai edition dated 1S.11. 2021 umder the caption "Restered Lake comes te Villivakioam Rescue is submitted along the typeset.
12. respectfully submit that moreover the pond alsa serves the purpose of replenishing the aquifere in and around the area. The lake acts as a percolation pound where the water percolates to the ground and rejuvenates the grouruiwater table, As more and mere groundwater is extracted by households and institugions in the nearby areas, water from the lake will percolate further replenishing the groundwater table. This moans that the water levels in the iake will have significant percolation losses in addition ta the evaporation losses and average evaporation loss per day will be 25,000 ters t9 a maxbrrum of 35,000 ters and if the surrounding grouruwater level decreases, the pond will be the sole resource ta feed and riaintain the groundwater fer surrounding 2-3 km radius.12
i. lresnecthigliy submit that to corsistently roaintain the flora and fauna thers must be adequate water in the pond throughout the year. At thie stage, it is pertinent to pout out that a similar exercise was done by Government of Tamilnadu to restore the Chetpet lake, wherein the water level in the ixke is maintained by treating the sewage water in the vioinity and replenishing the rechuces water with adequately trester water. Simuarly over here a water inflow clase to G.25 to 0.30 MLD per day is required for the survival of fora and fauma and there has to be sorb saurce of water other than the ruroll during the rainy season. It is trumbly subraitted that the seliimez up af a Tertiary Treatment Ultra Wiltration Plant is the anly option available to make sure that the water levelg are tiaintained throughout the year in the pord. This will also ensure that the groundwater table in the areca is replerushed throughout the year through praviialiomal pressure dive to the hight of the water maintained in the pond, is. l respectfully submit that there is an ultimate need for keeping the Eco-park filled with water during the fatlure of monsoon and dry periods af Chennai city. I further submit that the Greater Chennai Corporation has requested the CMWSSB vide ietter dated 05.02.2021 ta getup the Tertiary treated water tn Vilvwakkam tank to maimtain the water leveldan Viltvakkam tank at 8.5m MSL and therefore the need for the TTUP is been clearly conveyed ard it is also necessary fo Increase the groundwater, 13 oa 25, f reapectfally suboitt that tle: functioning of a Tertiary é rn, freatment Uftra Filtration Plant in the rereairdng land to provide a high qualny af water frora sewage is very much essential thar enables the treated water to reuse applications. The treated water does not have phosphates, sulfides, arunenia,etc, and is free from pathogens, having a TES of SOO approximately. [ts quality is as good as the standard af dvinking water. [ further submit that the Tertiary Treatment Ultra-
Piltration plant near the Vilivakkam Tank will facuitate recharge of the sroumdwater table in the locality of a morrunure of 2 to 3 km racious and x 5 aise promote Indirect recyell ng af water.
L?. Hos sulsmitted that the area required for the existing pumping Station will have to be maintained by CMWSSB since the GOC has no expertise in the area. Tt is further submitted that if the rest of the lard is handed over io us, the GOO is willing to create another waterbady there Hrdeiog if with the already developed water body. However, duc to the reasime enumerated in the preceding paragraphs, it is humbly prayed that the GCC may be allowed to put up a TTUP plant to cater to the needs of the waterbodics. Here it is further submitted that the PMP fuant will have to cater to the needs of the new weer body as well in addition to the manmade water body that is already developed by the Goo, 14 18, L respectfully submit that as per the Second Master Plan for Chennai Metropolitan Arca 2026 approved in 6.0. (Ms4 Ne. 190 Housing & Urban Development {20 Fp Department dated G2.00.2008 and published as per O.0. (Ms.}) No. 191 Housing & Urban Develeprment fUD 2 Department dated 62.09.2008, the ermarked extent of the land in the Villivakkam Village, Chennai District has heen classified ag "Institutional fone" vide Map No. MP-T/arTry 18/2008. I further submit that there is rio classification of any water body or presence of any lake in the demarked area as per the Second Master Plan for CMDA 2026, a Le, i respectfully submit that as already subrutied abave , the Greater Chennai Corporation after taking possession of the land in SO1Y, has taken immediate steps to eidress the petitioner's concern ahout the flooding in SHDCc} Nagar and Villivakkam. in the I* phase of the project, after cleardng the debris in CMWSSES land ard the surrounding arcas, a master plan was undertaken to establish this place as a water-body eum recreational centre after redeveloping the onidation pond into a man-made water body. The Greater Chennai Corporation has followed all the regulatory standards in developing the oxidation pond by deepening ?
the pond by further 5 metre depth te., from the exsisting depth of 1-15 toetre to 6.5 metre depth framiQ.sOmetre MSL to 4.00 metre MSL) The total earth removed is 2.832.000 cubic metrewhich has imcressed the capacity of the tunk to 2.90. 000 cubic motre, from the earlier capacity of 20,000 cum. and by creating bunds, stene piching SEAR Reet = = x oa and feotpath. 1 15 is oS 3 yt be ot +4 e e a pone ad 5 a ot ua & rt ee Pde a va wm "3 % te to x, OQ ae % "4 a Che tS mee fo prove thath is only a ao. ft is suboutied thet the GOC has aise provided 10 metres haiger in this created pone Bich is migrethern sufficient. The buried alse hea a widk-arrane footpath built with S meters wider for the safetywithin the 1O ractres butler gone. further, the pomd ares is fully fenced with permanant hund railing and is erected acrasa the bund arca foufker cone} ed beyond the arvl sll recreational entertainment activities are pls Y zone only.
> ai. i respectfully gubmit that the petitioner has fied th oe r objections stating the develmped Villivakkam Tank as a natural lake arel pointed out the objections such as bulfer zone, Lake Bund, and boilding atricture in the inke, T humbly submit that these objections will apphy only ta waier reservot's and rmatural lakes and will not aprly to the newly developed Vilivakkem Tank ae the land in question is purely classified as 2 an "Tastipational Zone" and riot as a water body. Hew reassured that ali the developments and recreational facilities by the concessionaire will happen beyend the buffer zor.
22, i respectfully submit that the develomed Villwakkem Tank has two indets anc ane overflow outlet. The infhow is cormected with the SIDCO Nagar and SHCG Industrial Estate and the overflowing rainwater in the saki areas will flow throush the Storr W y Drain coid whl reach 16 the Villiwakivam Tank. The second inlet which is on the northern side of the Teork is connected with the: owerflowing Storm Welter Drain from. the aret will reach the \ Terk. After reaching the masini capacity of the Villlvakkuun Tarde of 2,90,000 cuvo.., the excess a water will flow through the cutiet.to the Bu saroy Qanal, PVS Cane, OtteriNullah, ari will reach the Suckingham Canal that is commeching to 23, I respectfully submit that total extent of Jand banded aver to the Greater Chennai Corporation is 1,11,465 sire. (2705 Acres} and the water spread arca of the porcd is around 73,000 sqam. (from 400m MSL =p 9 whet MSU). [further subroit that 3 ond area with frechoard is 76,000 etiro. arul the average bund width of the pond is 10 mis and the area comes around £2,000 squm. amc the existing TVS Canal area is soci 1,006 so.mi. Therefore the total extent of the oxidation pomd area has . te 83,000 sx.ra. The remaining extert ation is 22,255 squm.
a4, T respectfully submit that the extent af land transferred to the Greater Chennai Corooration far restoration and renavenation has been classified as Inatinutionsl Zane as ger the CMDA Master Plan I, further ar extent of 89,000 sq.m. has been utilised for the development of pond arid. the rei of 265 sq.m. has been taken up for other amenities for ECO-PARK Hke terds parkywater sports, 17 aquarium, children's park/play area, food courts, open-air theatre, etc. by applying the "Princtpie of Sustai Development" that hes beer uBheld by a catenma of fadgments by the Apex Court as cited below:
G@ AUG, daval vs. Union of India, (2004) 8 SCC 36a) 2.8, Bois @ settled law that the balance bhefiesen envirorunental profection and develapmental actiinties could only be maintained by strictly following the princile of "Sustainable Development". This is a development strategy that caters to the needs of the present without negotiating the ability of upcoming generations to satisfy their needs. The strict observance of sustainable develanment unl put us on a path that ensures development while protecting the environment, a path that works jor all peoples and for all generations. it is a guarantes toe the present and a bequeath to the future. AN environmentrelated developmertal actinities shauld Benefit more peanle while matuiaiung the environmental balance.
Fay This could be ensured only by strict adherence to sustainable development x without which life of the coming generations util be in jeopardy. The adherence to sustainable development principle is a sine qua non for the cinfencice of the symbiotic balance between Ure rights to environment and develemrnent Right to eruroryvnent is a fundamental night. On the ofher hand, right ta develapmeni is also one. Here the right to sustainable development cannot be singled cut. Therefore, the comozpt of sustainable development is to be treated as an integral pert of life under Article 21 st doctrine and Weighty concepts Eke intergenerntional equity, mable fr 18 aquarium, children's park/play area, food courts, open-air theatre, etc. by applying the "Princtpie of Sustai Development" that hes beer uBheld by a catenma of fadgments by the Apex Court as cited below:
G@ AUG, daval vs. Union of India, (2004) 8 SCC 36a) 2.8, Bois @ settled law that the balance bhefiesen envirorunental profection and develapmental actiinties could only be maintained by strictly following the princile of "Sustainable Development". This is a development strategy that caters to the needs of the present without negotiating the ability of upcoming generations to satisfy their needs. The strict observance of sustainable develanment unl put us on a path that ensures development while protecting the environment, a path that works jor all peoples and for all generations. it is a guarantes toe the present and a bequeath to the future. AN environmentrelated developmertal actinities shauld Benefit more peanle while matuiaiung the environmental balance.
Fay This could be ensured only by strict adherence to sustainable development x without which life of the coming generations util be in jeopardy. The adherence to sustainable development principle is a sine qua non for the cinfencice of the symbiotic balance between Ure rights to environment and develemrnent Right to eruroryvnent is a fundamental night. On the ofher hand, right ta develapmeni is also one. Here the right to sustainable development cannot be singled cut. Therefore, the comozpt of sustainable development is to be treated as an integral pert of life under Article 21 st doctrine and Weighty concepts Eke intergenerntional equity, mable fr 19 precautionary prinaple, which Mave been declared as mseporadble ingredients of cur enwmronmental parisprudence, orld only be ruerturecd bay Ss ensuring sustainable development. To ensure sustameable deveianment is ty ane of the goals af the Erinronment Pretectian} Act, 1986 and this is gutfe a if the Act is rot fi tall become ql eo 7 Sait Ty thar wsirte er peteey fex Reynard erpyyry os f ze wpe ¢ Pp bee G barren shell, In othe MATES, sustainable GeVELIIEPEH §S GOYLe OF The means fo dec the abyect and purpase of the Act as weil as the an af dfe under Article 21. Acknoutedgment of this principle will breathe new Efe uve our environmental Airisprudence arul constiiuhonal & ao. f respectfully submit that the Villivakbkara SICHTC Nagar ig a thickly populated area with industries around it. The Vilivakkam Tank eco-develspment project wil provide direct ommplayreent for rnore thar 350 people and indirect employment for over TOGG peaple in the "Ot $n £ eighberheocd. This PPP project is a landroark eco-recreational proj Chennai citv that ensures development by protecting the enviromment, 3 wo &.
Over fo:
tae} thousand residents and their welfare associations have nt wae welcomed the project and there were no such objections from the residerds around.
26, Lrespectiully submut that we would like to highlight about existing sunilar proj lake-heartie cues in css city. The Chetpet lake in Chennai is mow converted as Chetpet Eco-Park and very wel-20
functioning in the natural lake bound area for the last two decades with TTUP plant to top up the lake during the stunmer seasan.We also highlight another existing similar project in a lake bound area in the aty of Ahmedabad, Gujarat in the natural lake called ""Rankaria Lake® that is converted and developed as a recreational amusement park by the Ahmedabad Local Civic Body which is a very famous recreational and tourist attraction. spot that has all kinds of entertainment in the lake area of 76 acres.Similar kinds of Eco-Parks are under development in many parts of the countey. | further submit that the Greater Chennai Corporation has conceived of Initiating a similar kind of Eco-Parks into the city and the development of Vilivakkam tank is a pilot that looks at both environmental and financial sustainability for the development and further conservation of the water body.
a7. respectiully submut that even in the Fall Bench judgment in WP. No. 1294 of 2008 referred by the petitioner, the Hon ble Supreme Court has held that there should development while taking due care and ensuring the protection of the environment. The relevant paragraph of the judgment is quoted below lor reference.21
on Ke _ . Re gy SEER SESS oat, SE PR, ES SCRE ff SES. SSensgeam ve Tee State OY Tamil Neck ". && The Hon'ble Supresne Court tn indian Counedl for EuutroLegal Setion v. Union of India #2096) S SOC 283), held that there should not be development af the cast of enutrenment and vice verse, but there should be development while faking due care and ensuring the protection af envirarunent .° 2a i respectfully submit that the traditional concept that develop emt and ecomlogy are opposed to cach other is mo longer acceplaite. Sustainable Development is the answer. In the international sphere, Sustainablc Development as a corcept camic to be kninwn for the firet time ir the Stockholm Declaration of 1972. Thereafter, in 1987 the cancept was given « definite shape by the World Comrnission on ~ Exivirgnient and Developrnert in iis report called Our Cornrrion Fatore, wd The Commission was chaired by the then Prime Minister of Norway, Ms G.H. Brundtland, and as such, the report is pepulerly Enown as Brundtland Report. The necessity of Sustainable Development was erophasized in MMYS. Ramgopal Estates Pet. did us. The State Of Tamil Nadu on 2 March 2007 and it quoted below:
26 While the night te clean eniuronment is a guaranteed Aindamental right under Articles I4 and 2] of the Consithution of Pudia, the right to developrient through tndustrialimation equally claims priomty wnider fundamental rights, particularly under Articles 14, 19, and 217 af the F Conshfiution of india. Pherefore, there ws a necesstty for sustainable sh 22 development harmonising both the needs and striking a golden balance A Concept of Sustainable Developement, an integral part of Artoles [4 and af of the Constitution of India vide Jayal N Oa. Unien of India, 2004 (9) 7.7. Before proceeding Ruther, a sharp and ed reference on the + concept of sustainable depelepment is mepitadle, fait! During the five decades from Stockhialm fo Rio, Sustainable Development has come to be ac a wmable concept to enadioate poverty and improve the gualtty of human hfe while Humg within the carrying capacity of the supporting ecosystems. Sustainable Development as defied by the Brundtland Report means Development tat meets the needs of the present without compromising the ability of the future generations to meet their own needs. The Sustainable Development, therefore, is a balancing concep! betiueen ecalegy and development, has 2 oy © 2 fe erp losyscyeh 2 . Reyes gg ty tthe been acogeted as a part of te custemary ivernational law though its salient features have yet to be finalised by the international lau: jurists.
Same of the sallent principles of Sustainable Development, as culled cut from Brundtland Repor ip a wt fa, m tn ~ rab ® * ad Ss % "4 a Rn oo, & & 2 oe e.8
x wag nents, are iInter-
Generational Equity, Use and Conservation of Nutural Resaturces, Emvironmental Protection, the Srecautonary Principle, Palhiter Pays Principle, Obligation to Assist and Cooperate, Eradication of Poxerty and Financial Assistance to the developing cowriries...' 23 ae, Lrespectfuily submit, that the Greater Chennai Corporation Res cexpliréd & total exterit of 27.5 acres that is clasaified as an ay Tnestitutional Aone" as per the CMDA's Master Serord Plan approved by the Goverment. The Greater Chetmai Corporation, ag ai Civic Administrative Autherity, has a vieiom to bring many new tumovative projects ta Chennai city and this Vilivakkam Tank PPP pregect is a mactel pilot project planned to bring Inftermational standards as an eca-
recreatiomal park by wing all the atandewd rorms. [ derusy the alligations made oul by the applicant in there alfidant stating that, this lared as a Vilivakicam/Konnur Lake without knowing the proper revenue records anc land classification anc thereby has mo proof of evklerme to claim this land as a natural lake.
+ 3a, Trespectfully submit that the Greater Cherneai Qarporation is doing a jot of developments in the citv with the implementation of the Sunart City Scheme, Singara Cheerrai 2.0, and Namakini Nearne Thittern ame let the petitioner het deviate or fedsely clairm dhe total extent of the land in question as to the Vilbvakkam /Monnur Lake withoul any basis.
ai. lreanectfuliy submit GC has raace & concession agreement in 2020 to meintain the Vulvekkam tank ard develop further uifpastructure trichiding flora. and fauna. All further developments will be carried out by the concessionaire at his own cost with a minimum staff af SOQ people in maintaining the lake and other safety and security of the place with an esthmated onst of minimum 20 lakhs oer month. 1 further 24 '3% i Tax i Eaay gE eS . . .
submil that the GCC and concessionaire have taken a special effart to mauntain flora, and fauna in the water area, Specifically,they have seeded SEX ie ese Seve Phat. . a > , , . .
ix different native fish apecies in the developed pond, on which two of them are endangered. We are giving special care for native conservation and conservation of inland native fish species for procreation, Nt is therefore prayed that this Hon'ble Tribunal may be pleased to pass suitable orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case and thus render justice.
fA virtue of their work how muc orage cap ty has been increased, so as to ascertain the justification for construction of the bund to strengthen the boundary of the lake & installation of certain play materials etc as claimed by them.
. The 3" respondent/Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) is also directed to consider the question of surrender of 8 acres for improving the area of the lake for the purpose of protecting environment, 25 as certain constructions were made in the water body as per the revenue records.
7. When this was pointed out, Mr. Ramlal Additional Advocate General who represents the Greater Chennai Corporation/4™ respondent along with Mrs. P.T. Rama Devi through Mr. Raghul Adithya wanted some time to file the report as directed by this Tribunal.
8. The matter is of the year 2017 and.the only question is how far the water body will have to be protected against the encroachment and the pollution and they are directed to file the report on or before 02.05.2022 by e-filing in the form of searchable. PDF/OCR Supportable PDF,and not in the form of th necessary hardcopies t willbe taken.up for consideration:
9. The Registry respondents in Metropolitan Water' Commissioner -- Greater Chenfiai Corporation for their information and also compliance of direction.
10.For consideration of further report and also for hearing, post on 02.05.2022.
(Justice K. Ramakrishnan) O. A. No. 50/2017(SZ) 28.04.2022. Sr. Sd/-
siseeeeeessnseeeeeeeesensaees E.M. (Dr. Satyagopal Korlapati) 26