National Green Tribunal
National Green Tribunal Southern Zone vs The Secretary To Govt. Of Tamilnadu ... on 25 July, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.1:- Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 95 of 2020 (SZ)
IN THE MATTER OF:
Tribunal on its own motion SUO MOTU
Based on the News Item in the Dinamalar Chennai
Edition dated 01.07.2020, "Will Ramapuram Lake be
Completely restored?"
With
The Secretary to Government of Tamil Nadu
Department of Environment,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu 600 009 and Ors.
...Respondent(s)
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2 & R5.
Mr. S. Sai Sathya Jith for R3.
Mr. Gautham S Raman for R4.
Mr. Ragul Adhithya represented
Mrs. P.T. Ramadevi for R6.
Judgment Pronounced on: 25th July 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
Page 1 of 19
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Sd/-
Justice K. Ramakrishnan, J.M. Sd/-
Dr. Satyagopal Korlapati, E.M. O.A. 95/2020 (SZ) 25th July 2022. Mn.
Page 2 of 19Item No.1:- Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI (Through Video Conference) Original Application No. 95 of 2020 (SZ) IN THE MATTER OF:
Tribunal on its own motion SUO MOTU Based on the News Item in the Dinamalar Chennai Edition dated 01.07.2020, "Will Ramapuram Lake be Completely restored?"
With
1. The Secretary to Government of Tamil Nadu Department of Environment, Govt. Secretariat, Fort St. George Chennai, Tamil Nadu 600 009.
2. Additional Chief Secretary to Govt. of Tamil Nadu Municipal Administration and Water Supply Department, Govt. Secretariat, Fort St. George Chennai, Tamil Nadu - 600 009.
3. The Chairman Tamil Nadu Pollution Control Board No. 76, Anna Salai, Guindy, Chennai, Tamil Nadu - 600 032.
4. The Managing Director Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chindatripet, Chennai 600 031.
(Substituted as per order of the Tribunal dt.06.07.2020)
5. The District Collector Chennai District, 62, Rajaji Salai, Fourth Floor, Chennai, Tamil Nadu 600 001.
6. Greater Chennai Corporation Rep.by its Commissioner, Ripon Building, Chennai - 600 003.
...Respondent(s)
Page 3 of 19
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2 & R5.
Mr. S. Sai Sathya Jith for R3.
Mr. Gautham S Raman for R4.
Mr. Ragul Adhithya represented
Mrs. P.T. Ramadevi for R6.
Judgment Reserved on: 20th July 2022.
Judgment Pronounced on: 25th July 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes.
Whether the Judgment is to be published in the All India NGT Reporter - Yes.
JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in Dinamalar daily Chennai Edition dated, 01.07.2020 under the caption "uhkhGuk; Vup KOikahf rPuikf;fg;gLkh?" (Will Ramapuram Lake be completely restored?).
2. It was alleged in the newspaper report that Ramapuram Lake is under the threat of encroachment and the lake was at the verge of being extinct. Some attempt had been made to desilt the remaining portion of the lake and banks were strengthened. There have been regular and consistent requests and demands from the local public to restore the tank completely and make the same into rainwater harvesting centre.
3. As per the revenue records, the lake was having an extent of 17 Acres comprising in Survey No.239/2, Ramapuram, 55th Ward, Valasaravakkam Mandalam, Chennai Corporation and widely known Page 4 of 19 as Ramapuram Lake. Earlier, the water in the lake was used for agriculture, apart from drinking purposes and the area has shrunken to 10 acres due to encroachment. There were lot of paper publications from 2012 onwards regarding the encroachment and non-maintenance of the lake. Later, it was revealed that the Public Works Department would maintain lakes only having an extent of 100 Acres and above and the remaining lakes having lesser extent will have to be maintained by the Revenue Department. The Revenue Department asked the Greater Chennai Corporation to maintain the Lake and from April 2015 onwards, the lake is under the maintenance of Greater Chennai Corporation. Later, the Greater Chennai Corporation surveyed the lake and constructed a fence at a cost of Rs.9,00,000/- (Rupees Nine Lakhs only) but within months, the fence disappeared. On the basis of the earlier newspaper reports, there were some response from the Greater Chennai Corporation and they made some cleaning work during July 2016 by spending Rs.20,00,000/- (Rupees Twenty Lakhs only). During 2017, a compound wall was constructed at the cost of Rs.94,00,000/- (Rupees Ninety Four Lakhs only) and they were planting trees to establish a park with pedestrian walkway.
4. Later, it was revealed that there were lot of encroachments and constructions effected in that area, but later those shops and houses were demolished during April 2018. Some maintenance work was done by spending Rs.88.86 Lakhs and a Sewage Treatment Plant (STP) was established by Rain Water Drainage Department of the Corporation. Thereafter, no work was undertaken by them and on account of the negligence, there is a possibility of the lake being extinguished due to encroachment. A Sewage Treatment Plant (STP) was being constructed on behalf of the Water Supply and Sewerage Board, but nothing happened thereafter. There is a possibility of untreated sewage water being discharged into the lake affecting the quality of the water. Unless effective steps are taken to control pollution and removal of encroachment, it will affect the water body and that was the grievance raised in the newspaper report.
5. On going through the allegations made in the newspaper report, as per order dated 06.07.2020, this Tribunal admitted the matter, as it was satisfied that there arose a substantial question of environment which requires the interference of this Tribunal, as protection of water Page 5 of 19 body is a constitutional mandate on the part of the State machineries under Article 48 (A) of the Constitution of India and providing clean water and environment as part of Right to Life as enshrined under Article 21 of the Constitution of India was also the primary responsibility of the State. Further, this Tribunal also reiterated the importance of protection of water bodies, as they play a great role in protecting environment, not only as rainwater harvesting centre, but it helps to improve the groundwater recharging system in that area.
6. After admitting the matter, this Tribunal appointed a Joint Committee comprising of (i) the District Collector - Chennai District, (ii) a Senior Officer not below the rank of Superintending Engineer of Public Works Department (Water Resources Organisation), (iii) a Senior Officer from Chennai Metropolitan Water Supply and Sewage Board, (iv) a Senior Officer from the Tamil Nadu Pollution Control Board of that area designated by the Chairman and (v) the Commissioner or a Senior Officer who is in charge of maintenance of the lakes in Greater Chennai Corporation to inspect the lake in question and submit a factual as well as action taken report, if there is any violation found.
7. The Joint Committee was directed to go into the following aspects:-
(i) What is the present status of the lake and original extent of the lake as per the revenue records;
(ii) What is the nature of encroachment and if there is any encroachment, what was the nature of action taken to remove the encroachment and protect the lake;
(iii) Whether there was any scheme evolved by the Greater Chennai Corporation to protect the lake against encroachment and pollution and its stage of implementation;
(iv) Whether there was any discharge of untreated sewage into the lake and if so, trace out the person responsible for the same and take necessary action against them, including imposition of environmental compensation and if the quality of the water has been contaminated on account of such act, then suggest/make recommendation as to how this can be remedied and restore to its original position.
(v) Conduct the water analysis test to ascertain the quality of the water and steps required to improve the quality, if it Page 6 of 19 falls below the standard provided under the environment laws.
8. The Greater Chennai Corporation was designated as the nodal agency for co-ordination and also for providing necessary logistics.
9. The Greater Chennai Corporation has filed a status report dated 09.10.2020 and e-filed on 03.06.2021, wherein they have mentioned that the Joint Committee inspected the Ramapuram Lake on 07.10.2020. The restoration and renovation of Ramapuram Lake was taken up by the Greater Chennai Corporation under the Chennai Smart City Fund at an estimated amount of Rs.94,00,000/- in the year 2018. Widening and deepening of the Ramapuram Lake was carried out and construction of toe wall and stone pitching had been completed. A baby pond was also constructed for increasing the storing capacity of the lake. M/s. Ramapuram Social Welfare Federation had filed a Writ Petition before the Hon'ble High Court of Madras as W.P. No.22958 of 2019 for a writ of mandamus directing the Tahsildar, Maduravoyal Taluk to remove the encroachments in the water bodies, lake and Ramapuram Lake comprised in Sy. No.239 of Ramapuram Village, Maduravoyal Taluk and directed the respondents therein to restore the natural water storage resources, water bodies, canals and Ramapuram Lake which existed prior to 1987 and that case was still pending. The Public Works Department are maintaining the lakes and ponds which are having larger extent and after merging of Ramapuram Panchayat with the Greater Chennai Corporation, the Greater Chennai Corporation is maintaining the lake. In the writ petition, the Tahsildar, Maduravoyal Taluk filed a counter affidavit stating that the extent of the lake has to be 7.13 Hectares whereas the existing extent of the lake is only 85 Ares. At the time of handing over the lake, by letter dated 21.04.2015 vide Na. Ka. No.2324/2015/Aa1 by the Tahsildar, Maduravoyal Taluk to the Greater Chennai Corporation, it was specifically mentioned that after the encroached portion of the land to the extent of 5.63.0 Hectares, in which shops and houses were built up, the remaining portion of land admeasuring 1.50.0 Hectares having water alone was handed over to the Greater Chennai Corporation. Letter dated 19.05.2015 had been addressed to the Tahsildar, Maduravoyal Taluk, requesting to earmark the encroachments in Ramapuram Lake for removal and maintenance of the lake. Repeated letters were sent for this purpose Page 7 of 19 on 12.12.2018 and 31.01.2019. About 250 families had encroached the Ramapuram Lake and action would be taken to enumerate the encroachments and biometric survey of the slum families in co- ordination with the Revenue Department and Tamil Nadu Slum Clearance Board for resettlement of the slum families in the tenements of Tamil Nadu Slum Clearance Board. The Joint Committee inspection was held on 07.10.2020 and during inspection, it was found that there was no sewage being let into the Ramapuram Lake. The Committee further observed that the restoration and rejuvenation of Ramapuram Lake was carried out and widening and deepening of the lake, construction of toe wall, revetment and formation of baby pond had been completed. On account of the improvements made, there is large amount of water stored in the baby pond. Walkway and hand rail had been provided around the pond. The Joint Committee also found approximately about 250 slum families have encroached into the Ramapuram Lake and action will have to be taken by the Greater Chennai Corporation for this purpose.
10. The above report submitted by the Greater Chennai Corporation was considered by this Tribunal on 02.07.2021 and directed the District Collector - Chennai District, Greater Chennai Corporation, Tamil Nadu Pollution Control Board and also the members of the Joint Committee to file their respective reports.
11. The 6th Respondent filed further report dated 02.08.2021, wherein they have reiterated the steps taken by them as enumerated in the report e-filed on 03.06.2021 and wanted three more months time to file further report. They have further mentioned that they have proposed to construct compound wall having a height of 8 Feet surrounding the lake area to avoid further encroachment and dumping of waste and 50% of the construction of the compound wall was completed. They were also developing a park on the Southern side of the lake with greenery and play area for use of general public and children and the work will be completed by three months.
12. The Tamil Nadu Pollution Control Board filed a report signed by the officer on 11.09.2021, e-filed on the same date, wherein they had mentioned that they inspected the lake on 28.07.2021 and found that there was no industrial unit located around that lake. There was no Page 8 of 19 discharge of sewage into the lake and deposit of waste found in that area. The water samples were collected on 07.10.2020 and the characteristics of parameters such as pH, COD, BOD, TDS & Total Coliform present in the water samples were compared to tolerance limit for inland surface water subject to pollution IS : 2296 - 1982. It was further noted that the Total Coliform was within the prescribed limit for inland surface water and BOD value was 12 mg/l. The presence of BOD value will be due to open defecation of the people from the surrounding area. The report shows that there was no sewage discharge and it meets 'Class - C' standard prescribed for drinking water source with conventional treatment followed by the disinfection except for the tolerance limit of BOD.
13. The Greater Chennai Corporation filed a further report dated 04.01.2022, e-filed on 06.01.2022 which reads as follows:-
"STATUS REPORT BY GREATER CHENNAI CORPORATION IN O.A. No. 95 OF 2020
3. I respectfully submit that the beautification of the Ramapuram Lake Park has almost attained the completion phase and only minor works are yet to be completed. The works were delayed due to the Pandemic COVID-19 and the Monsoon period. All the works regarding the beautification project will be completed by the 1st week of February, 2022. Photos are enclosed with this Report.
4. I respectfully submit that the TNSCB has been constructing nearly 4140 tenements at Perumbakkam which are under various stages of progress and are nearly 20kms from Ramapuram. If the Greater Chennai Corporation authorities enumerate the slum families and evict the 250 families, TNSCB can provide tenements from them at Perumbakkam. These tenements are being constructed utilizing GoI/GOTN grants and beneficiary contribution. The Greater Chennai Corporation has to pay the beneficiary contribution of Rs.5 Lakhs per tenement (tentative) for which it is a Policy decision that is to be taken up separately.
5. I respectfully submit that at this stage in order to comply with the orders of the Hon'ble National Green Tribunal, the Bio-Metric data of the encroachers in Survey No. 239/2A of Ramapuram Lake to be taken and Notice under Section 220 of the Chennai City Municipal Corporation Act, 1919 to be issued.
Section 220-Prohibition against obstructions in streets:
No one shall build any wall or erect any fence or other [obstruction or projection or make any encroachment] in or over any Page 9 of 19 street [or any public place, the control of which is vested in the Corporation] except as hereinafter provided."
14. They also produced the letter addressed to the Principal Secretary to Government, seeking steps to identify the 235 encroachments in Sy. No.239/2A of Ramapuram Village by collecting biometric data and to take action under Section 220 of the Chennai City Municipal Corporation Act, 1919. They also produced some photographs showing the nature of steps taken by them to protect the water body.
15. The 4th Respondent - CMWSSB filed a report stating that there was no discharge of untreated sewage into the Ramapuram lake at present. The work for providing Comprehensive Underground Scheme to Ramapuram covering 2.69 Sq. Km with 456 Nos. of streets serving 2 Wards (154 & 155 under Zone XI) is in progress and 77% of the work has been completed as on 28.02.2022 and on completion of the scheme, the entire household in that area will be connected to the new sewerage system. As regards the news item published in The Times of India, Chennai Edition dated 31.01.2022 under the caption "Raw sewage flooding Adyar - Metro water's burst pipeline is the culprit", it was mentioned that there was a breach occurred and they have undertaken to replace 350 meter long sewage pipeline with a diameter of 1000 meter and one of them, however, burst owing to it being corroded and they decided to divert the sewage into estuary. They further mentioned therein that the sewage collected from the Southern part of Chennai city is drawn to the designated Sewage Pumping Station by gravity and pumped to Adyar Relay Pumping Station, from where sewage is conveyed to Perungudi STP for treatment and disposal. From Adyar Sewage Pumping Station, sewage was pumped through 1600 mm diameter pre-stressed concrete pumping main. The pumping main alignment is running along the old Adyar Bridge, where 1600 mm dia. PSC pumping main gets bifurcated into 2 Nos. of 1000 mm diameter PSC main for a length of 350 meters. They have replaced the pipeline and discharge of sewage into the Adyar Estuary was stopped. At present, there was no flow of sewage into the river Adyar.
Page 10 of 1916. The Greater Chennai Corporation has filed a further report dated 20.03.2022 and e-filed on 21.03.2022, wherein they have mentioned about the steps taken by them under Section 220 read with Section 222 of Chennai City Municipal Corporation Act, 1919 and notices have been issued to the building owners (21 Nos.) who were running small commercial shops and subsequently, on 14.03.2022 and 15.03.2022, they tried to serve notices to the remaining encroachers and due to the strong opposition raised, they had to return. They sought police protection by letter dated 15.03.2022 addressed to the Commissioner of Police, Vepery, Chennai and also requested the District Collector to provide necessary support for removal of encroachments and also addressed the Tahsildar, Maduravoyal Taluk to demarcate the boundaries of the Ramapuram Lake and to coordinate with the Greater Chennai Corporation for issuing notice to the encroachers. A joint meeting was held on 16.03.2022, headed by the Regional Deputy Commissioner (South) - Greater Chennai Corporation along with Deputy Commissioner of Police, T. Nagar and they decided to form eight teams headed by Assistant Engineers of Zone - 11, Greater Chennai Corporation along with the Revenue and Police officials. They further decided to issue notices to the encroachers again and notices dated 17.03.2022 were issued to 389 house owners, details of which was enclosed along with the report. They further mentioned that for removal of encroachment, further action will be taken in accordance with law. A Writ Petition in this regard was pending as W.P. No.22958 of 2019 before the Hon'be High Court of Madras.
17. The Greater Chennai Corporation filed further report dated 19.04.2022, wherein they have mentioned the nature of work undertaken by them for establishment of park, construction of compound wall, etc. in respect of un-encroached area. They also mentioned about the nature of steps taken by them for removal of encroachment and most of the residential establishments, 102 members have claimed to have patta in sub divisions of Sy.239/2B issued by the Tamil Nadu Slum Clearance Board (now Tamil Nadu Urban Habitat Development Board) and some of the commercial owners also filed reply stating that they have also obtained patta from the Revenue Department. In order to ascertain the genuineness of the patta, the Zonal Officer - XI had written letters to the Page 11 of 19 Tahsildar, Maduravoyal for their reply. The Commissioner - Greater Chennai Corporation also had written to the District Collector - Chennai and the Managing Director - Tamil Nadu Urban Habitat Development Board to form a joint team to enumerate the encroachers and ascertain their economic status to consider the question of resettlement and rehabilitation. They will be taking steps to remove the encroachments, after getting proper reply from the Tahsildar, Maduravoyal.
18. The 4th Respondent - CMWSSB filed further status report dated 19.04.2022, wherein they have given the status of completion of sewerage line as follows:-
Progress of works under Ramapuram Under Ground Sewerage Scheme as on 10.04.2022 Completed Balance Overall Sl. Description of Total as on Qty to be progress in No. Components Qty 10.04.2022 completed % 47.059 39.168 7.891 1 Sewer line (km) 100% 83% 17% 5.086 3.704 1.382 2 Pumping Main (km) 100% 73% 27% 6797 4698 2099 3 HSC (Nos.) 100% 69% 31% 1928 1805 123 78% 4 Manholes (Nos) 100% 94% 6% Pumping Station (5 5 100% 78% 22% Nos.) Providing pumping 6 machineries and 100% 42% 58% Electrical installation
19. The District Collector - Chennai District has filed a report signed by the Collector on 25.04.2022, e-filed on 04.05.2022 which reads as follows:-
"4) It is respectfully submitted that in obedience to the said order, the Greater Chennai Corporation authorities have requested the Tahsildar, Maduravoyal Taluk, Chennai for demarcationof the boundaries of the said Ramapuram lake which is comprised in S.No.239/2A of Ramapuram village of Maduravoyal Taluk.
5) It is respectfully submitted that based on the oral instruction issued by the Worshipful Mayor of Chennai District on 15.04.2015, the said lake had already been inspected by the Revenue officials and found that the total extent of the said lake comprised in 239/2A of Ramapuram village worked out to 7.135 Hectares, stood classified as Government Poromboke and Registered in the name of Ramapuram lake in the Land Records of the office of the Tahsildar, Maduravoyal Taluk.
Out of the total extent of 7.135 Hectares, there were encroachments to an extent of 5.63 Hectares. The rest of the 1.50 Hectares was with water and remained as a lake. Records shows that out of the encroached extent of about 5.63 Hectares an extent of 1.66 Hectares of land had already been alienated to Tamil Nadu Slum Clearance Board for eventual allotment to the encroachers.
Page 12 of 196) It is respectfully submitted that a sketch showing the boundaries of the said Ramapuram lake, the portion of land measuring 1.66 Hectares alienated in favour of Tamil Nadu Slum Clearance Board (Now Tamil Nadu Urban Habitat Development Board), portion of land actually under encroachment, Portion of land meant for Road and portion of land classified as "Gramanatham" comprised in S.No.239/1, and 239/3 of Ramapuram village is submitted herewith.
7) It is respectfully submitted besides the Bio-metric enumeration taken in the said lake and found that there were 235 Encroachments. The name of the encroacher, extent encroached, name of the encroacher, community, Aadhar number, Family Card No. occupation, annual income and type of encroachment were more particularly described in the list of encroachers already submitted in this regard.
8) It is respectfully submitted that in respect of the alleged encroachments in the aforesaid survey fields in S.Nos. 239/1, 239/3 etc., M/s Ramapuram Social Welfare Federation has filed W.P.No.22958 of 2019 with a prayer to issue a WRIT OF MANDAMUS directing the Respondents therein to remove the encroachments in water bodies, lakes and Ramapuram lake comprised in S.Nos. 239/1 etc., of Ramapuram Village, Maduravoyal Taluk and to direct the Respondents therein to restore natural water storage resources, bodies, canals, and Ramapuram lake as existed prior to 1987 and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Necessary Draft Counter Affidavit has been prepared and sent to the Government Advocate for vetting.
9) It is respectfully submitted that it is also pertinent to point out that in pursuance of the News Item in the Dinamalar Chennai Edition dated 01.07.2020, under the caption "Will Ramapuram Lake be completely restored?" enumeration was conducted and the details of 235 encroachers in the said lake were prepared and submitted to the Assistant Engineer, Water Resources Department, Adyar Irrigation section, St. Thomas Mount, Chennai 600016 along with the letter from the Tahsildar, Maduravoyal Taluk in Rc.No.460/2021/B1 dated 25.08.2021. Besides this, the said list of encroachers was also communicated to the Greater Chennai Corporation authorities along with Tahsildar, Maduravoyal letter Rc.No.460/2021/B1 dated 25.08.2021.
It is pertinent to point out that it is for the Public Works Department and the Greater Chennai Corporation to remove the encroachments on water bodies. As of now, the Greater Chennai Corporation is maintaining the said lake water body area measuring 1.50 hectares litter free by cleaning the area.
It is pertinent to point out that it is for the Public Works Department and the Greater Chennai Corporation to remove the encroachments on water bodies. As of now, the Greater Chennai Corporation is maintaining the said lake water body area measuring 1.50 hectares litter free by cleaning the surrounding area of lake on daily basis. Further the Greater Chennai Corporation is constructing a compound wall with a height of 7 feet surrounding the lake area in order to avoid further encroachments and also to avoid garbage dumping in the lake area."
20. The Greater Chennai Corporation also filed a further report dated 11.05.2022, e-filed on 25.02.2022 which reads as follows:-
"3. I respectfully submit that all the works regarding the beautification project will be completed at the earliest. The table below shows the progress of works:
Sl. Description of work Percentage (%)
No. of completion
1 All round compound wall 100
2 Footpath on the lake bund 100
3 Toilet block 100
4 Secu rity / Caretaker room 100
5 Greenery 30
Page 13 of 19
6 Open gym on bund 50
7 Children play area 90
8 Borewell for Tree planting 100
4. I submit that as per the Land Records, the Ramapuram Lake in Survey Number 239 in Ramapuram village of Maduravoyal Taluk, is classified as an "Eri", which implies the presence of an ayacattu, or irrigation basin, which is conventionally under the custody of the Water Resources Department of the Public Works Department (WRD/PWD).
5. I respectfully submit that as per the Revenue records, the Survey Number 239/1 and Survey Number 239/3 admeasuring an extent of 2.08 hectares are re-classified as "Grama Natham" lands. I further submit that the sub division of the land in Survey Number 239/2A admeasuring an extent of 7.13 hectares has been classified as "Eri". Further, during the land alienation for Tamil Nadu Slum Clearance Board (TNSCB) of a subdivision of the said land, in survey number 239/2B admeasuring an extent of 1.66 hectares, WRD/PWD gave the No Objection Certificate (NOC) for the same. The available records are enclosed.
6. I respectfully submit that this respondent has already initiated action against encroachers. As per section 220 read with section 222 of Chennai City Municipal Corporation Act, 1919, notices have been issued to the encroachers. It is submitted that cumulatively, 488 Notices have been issued, in which 463 replies have been received from the encroachers.
S. Total Reply Reply With Without
No Description Notice received not Docu- Docu- Remarks
received ments ments
1. Commercial 21 21 6 15 TNSCB
2. Residential 389 355 34 101 254 TNSCB
Valluvar Grama
3. Salai 78 70 8 49 21 Natham
Patta
TOTAL 488 446 42 156 290
7. I respectfully submit that a reminder letter dated 26.04.2022 was issued to all the encroachers, to those who have not submitted their replies for the notices issued under Section 220 of the Chennai City Municipal Corporation Act, 1919 to reply within a time period of 5 days.
8. I respectfully submit that a letter No. Ma.A.11.Na.Ka.No./3987/2022 dated 28.04.2022 has been sent to the Tahsildar, Maduravayol Taluk, The Chief Engineer, TNUHDB and the District Collector, Chennai to identify all the encroachers in Survey Number 239, Ramapuram Village, along with Bio-Metrics, jointly with the Greater Chennai Corporation.
9. I respectfully submit that a letter No. Ma.A.11.Na.Ka.No./3987/2022 dated 11.05.2022 has been sent to the Tahsildar, Maduravayol, The Chief Engineer, TNSCB and the District Collector, Chennai to verify the genuineness and originality of the documents produced by the encroachers in their replies to the notices issued under Section 220 of the Chennai City Municipal Corporation Act, 1919.
10. I respectfully submit that a Writ Petition in W.P. No.22958 of 2019 is pending before the Hon'ble Chief Court of Madras High Court and the periodical report has been filed before the Hon'ble High Court. The case is posted on 07.06.2022 for further hearing."
Page 14 of 1921. The 4th Respondent filed a report dated 01.07.2022, e-filed on the same date which reads as follows:-
"I respectfully submit that with regard to above mentioned point, it is submitted that current physical progress of works is 80% and status of balance works to be completed is detailed below:
Progress of works under Ramapuram Under Ground Sewerage Scheme as on 20.06.2022 Over Description Completed Balance all S. Total of as on Qty to be Prog Remarks No. Qty Components 20.06.2022 completed ress in % 1 Sewer line 1. The pipeline works (km) 47.06 40.25 6.81 of Ramapuram UGSS are carried out in 100% 86% 14% tandem with Ramapuram WSS.
2 Pumping Main (km) 4.90 4.33 0.57 2. The balance works under Ramapuram 100% 88% 12% UGSS including gap works has to be 3 HSC (Nos.) carried out in 6797 4853 1944 coordination between both water and sewer 100% 71% 29% pipelines to complete the works in the 4 Manholes 1928 1808 120 respective streets.
(Nos.) 80%
3. Permission to lay 100% 94% 6% UGSS & WSS pipelines accorded by Greater 5 Pumping Chennai Traffic at Station (5 Ramapuram Valluvar 100% 82% 18% Nos.) Salai only during Night hours owing to traffic 6 Providing diversion for CMRL pumping work.
machineries
and 4. Laying of UGSS &
electrical 100% 48% 52% WSS pipelines could
installation not be taken up along
Mount - Poonammalle
Road owing to CMRL
work.
4. I humbly submit that probable date of completion of project is 31.03.2023."
22. The learned counsel appearing for the official respondents submitted that as regards the Ramapuram Lake is concerned, there is no discharge of sewage and CMWSSB is taking steps to cover the area with Under Ground Sewerage System (UGSS). Further, there is a writ petition pending before the Hon'ble High Court of Madras as W.P. No.22958 of 2019 regarding removal of encroachment from the Ramapuram Lake and periodically directions are being issued in this regard. So under such circumstances, they wanted this Tribunal to dispose of the matter by issuing appropriate directions.
Page 15 of 1923. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in Dinamalar daily Chennai Edition dated, 01.07.2020 under the caption "uhkhGuk; Vup KOikahf rPuikf;fg;gLkh?" (Will Ramapuram Lake be completely restored?).
24. It is seen from the reports that larger area is shown as Ramapuram Lake in Sy. No.239 of Ramapuram Village, Maduravoyal Taluk as lake area as per the revenue records, but the water spread area is only 1.50 Hectares and during 2015, it was entrusted to the Greater Chennai Corporation and the Greater Chennai Corporation is maintaining the same. There is no dispute regarding the fact that as regards the area entrusted to the Greater Chennai Corporation that the water spread area of Ramapuram Lake, some steps have been taken by them to protect the same by constructing compound wall, creating park, putting up walkways, etc.
25. It is also seen from the report submitted by the State Pollution Control Board that there is no discharge of either trade effluents or untreated sewage found in the water spread area and the existence of Coliform and exceedance of the BOD level may be due to open defecation done by the people in that locality. Further, it is seen from the reports of the District Collector that they have already taken steps to enumerate the encroachments and notices have been issued and steps are being taken to remove the unauthorized encroachers. It is also seen from the documents produced that a Writ Petition is pending before the Hon'ble High Court of Madras as W.P. No.22958 of 2019 filed by a local resident in respect of this lake and it was also seen from some of the orders produced, passed by the Hon'ble High Court in the writ petition mentioned above that there are some other writ petitions were also filed as W.P. Nos.7218 and 8393 of 2022 and all these cases were clubbed together.
26. Since the question regarding the encroachment is being monitored by the Hon'ble High Court of Madras in the writ petition mentioned above and in view of the recent decision of the Hon'ble Apex Court in State of Andhra Pradesh Vs. Raghu Ramakrishna Raju Kanmuru (M.P.) reported in 2022 SCC Online SC 728, it is not proper for this Tribunal to proceed with the matter in respect of encroachment into Page 16 of 19 the water body issue, as it is being considered by the Hon'ble High Court of Madras in the writ petitions mentioned above.
27. In view of the circumstances mentioned above, this Tribunal feels that the Original Application can be disposed of by giving the following directions:-
(i) The removal of encroachments by the unauthorized encroachers from the Ramapuram Lake can be undertaken by the authorities, subject to the directions already issued and to be issued by the Hon'ble High Court of Madras in the pending writ petitions viz., W.P. No.22958 of 2019, W.P. Nos.7218 and 8393 of 2022.
(ii) The Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) is directed to complete the Under Ground Sewerage System (UGSS) in Ramapuram area so that the possibility of discharge of sewage into the water body can be completely averted.
(iii) As and when the eviction proceedings are completed as per the directions issued by the Hon'ble High Court of Madras in the writ petitions mentioned above, the Greater Chennai Corporation is directed to take steps to rejuvenate the remaining area of the water body as well into a full-fledged lake so as to increase the water storing capacity and take steps to provide necessary compound wall/bio-fencing/green cover to protect the entire area, after removal of encroachments on the basis of the directions of the Hon'ble High Court of Madras and make the lake free from encroachment and pollution.
(iv) The Greater Chennai Corporation is directed to implement the Solid Waste Management Rules, 2016 within that area in its letter and spirit to avoid dumping of waste into the water spread area of Ramapuram Lake and if any such instances were brought to their notice, they are directed to take appropriate steps to remove the same and take action against those persons responsible for the same, including imposition of penalty and other actions as Page 17 of 19 provided under the municipal laws and other environmental laws, in accordance with law.
(v) The Tamil Nadu Pollution Control Board is directed to monitor the water quality of the lake in that area periodically and if there is any instances of discharge of sewage found in future, then they are directed to take appropriate action against those persons who are responsible for the same, in accordance with law.
(vi) The Tamil Nadu Pollution Control Board is also directed to strictly monitor the implementation of the provisions of the Solid Waste Management Rules, 2016, Liquid Waste Management and also implementation of the directions of the Principal Bench of National Green Tribunal, New Delhi in Original Application N.606 of 2018 and various orders of the Tribunal regarding the protection of water bodies and implementation of the Solid Waste and Other Waste Management Rules in that area strictly in accordance with law and if there is any violation found, then they are directed to take appropriate action against those violators including imposition of environmental compensation, apart from initiating other penal action as provided under the environmental laws in accordance with law.
(vii) The Commissioner - Greater Chennai Corporation and the Additional Chief Secretary to Government - Department of Municipal Administration and Water Supply are directed to monitor the implementation of the directions of this Tribunal in protecting the water bodies against encroachment and causing pollution and if there is any gap found, they are directed to issue necessary directions to the officials to rectify the same and protect the water bodies against pollution and encroachment.
(viii) The Registry is directed to communicate this order to the District Collector - Chennai District, Managing Director - Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB), Chairman - Tamil Nadu Page 18 of 19 Pollution Control Board, Commissioner - Greater Chennai Corporation and the Additional Chief Secretary to Government - Department of Municipal Administration and Water Supply by e-mail for their information and compliance of directions.
28. With the above observations and directions, this Original Application is disposed of.
Sd/-
Justice K. Ramakrishnan, J.M. Sd/-
Dr. Satyagopal Korlapati, E.M. O.A. 95/2020 (SZ) 25th July 2022. Mn.
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