National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 27 April, 2023
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 80 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU
Based on the News item in The Times of India Newspaper,
Coimbatore Edition Dated: 14th February 2021,
"Stench from check dam makes life Miserable"
Versus
1. The Principal Secretary to Government,
Public Works Department,
Government Secretariat,
Fort, St. George, Chennai - 600 009.
2. The Principal Secretary to Government of Tamil Nadu
Health and Family Welfare Department,
Government Secretariat,
Fort, St. George, Chennai - 600 009.
3. The Secretary to Government of Tamil Nadu,
Department of Environment & Forests,
Government Secretariat,
Fort, St. George, Chennai - 600 009.
4. The Chairman,
Tamil Nadu Pollution Control Board,
No. 76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600 032.
5. Veerapandi Town Panchayat,
Rep. by its Executive Officer, Ward - 15,
Main Raod, Veerapandi, Theni - 625 534.
6. Directorate of Town Panchayats,
Rep by its Director,
7th & 8th Floor, Urban Administrative
Office Campus,
Chennai- 600 028.
7. Gudalur Town Panchayat,
Rep by its Executive Officer,
Nehru Nagar, Samichettipalayam,
Coimbatore- 641 047.
8. PeriyanaickenPalayam Town Panchayat,
Rep by its Executive Officer,
Kuppichipalayam Road,
Coimbatore- 641 020.
1
...Respondent(s)
For Applicant(s): Suo Motu
For Respondent(s): Dr. D. Shamuganathan for R1 to R3, R5 to R9
Mr. Sai Sathya Jith for R4.
Judgment Reserved on: 13th April, 2023.
Judgment Pronounced on: 27th April, 2023.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member.
1. The above application is registered Suo Motu by this Tribunal based on the newspaper report published in The Times of India, Coimbatore Edition dated 14.02.2021, under the caption "Stench from check dam makes life miserable".
2. The reports states that there is a serious stench emanating from Erumai Pallam Check dam which flows along the park's eastern wall causing odour pollution resulting in the residents of the area suffering from the same. The above stench is on its peak between 06:00 PM and 07:00 AM as some of the companies may be releasing their trade effluents into the dam during that time. The said air pollution is said to be causing cough and breathing problems for the residents nearby.
3. The check dam at Erumai Pallam is not used for the purpose intended, instead the sewage from other drains, septic tank and effluents from companies reaches the dam contaminating the 2 water and creating odour pollution. Initially the Tribunal constituted the Joint Committee comprising of (1) The District Collector, Coimbatore, (2) a Scientist Officer from Tamil Nadu Pollution Control Board (TNPCB), (3) The Superintending Engineer of Public Works Department (PWD) and Water Resources Organisation (WRO) and (4) The Executive Officer of Veerapandi Town Panchayat to inspect the area in question and submit a factual as well as action taken report, if there was any violation.
4. The Tribunal had specifically directed the Joint Committee to ascertain the reason for such contamination and also fix the persons responsible for discharging the untreated effluent, sewage and septage into the check dam resulting in the stench as mentioned in the newspaper report. There was also a direction to the Joint Committee to obtain the water samples from the check dam and ascertain the quality of the water and trace out the reason for such contamination and suggest the remedial measures. If the sewage water was getting mixed up with the water in the check dam, the Committee was directed to consider the phyto- remediation which is a short term measure to resolve the issue.
5. Pursuant to the direction issued by this Tribunal an interim report was submitted by the Joint Committee dated 12.04.2021. As per the interim report water samples were collected from three sources to assess the quality of the sewage and its impact on the ground water on 08.04.2021 from (1) Near Selva Thottam at Press Colony (Upstream of Veera Pandi Town Panchayat), (2) Outlet of Check dam near Siva Nagar and (3) Near EaswariAmmal Layout at Thulukkanur (Downstream of Veera Pandi Town Panchayat). 3
6. It is reported that during inspection it was observed that major drains carrying the sewage generated from the Veerapandi Town Panchayat, Gudalur Town Panchayat and Periyanaickenpalayain Town Panchayat were all directly discharged into the Eazhu Erumai Pallam. However, it was ascertained that no industrial discharge or trade effluent was let into the Eazhu Erumai Pallam noticed during the inspection. The Veerapandi Town Panchayat is having Arivoli Nagar, Kunjampalayam, Veerapandi, Nayackenoor, Thiruvalluvar Nagar and Press Colony within its total extent of 12.35 sq.km. The Town Panchayat was upgraded from Village Panchayat to Town Panchayat in the year 1984 and further upgraded to Selection grade Town Panchayat in the year 2014 and the total population as per 2011 census is 16,953. It is stated that the entire solid waste generated from the town panchayat is collected and processed in the Municipal Solid Waste Processing facility located within the Town Panchayat. The town panchayat is discharging the untreated sewage including the sullage into the Eazhu Erumai Pallam through an Odai without treatment.
7. The Executive Officer, Veerapandi Town Panchayat has submitted a letter to the Chairman of the Joint Committee informing that enough funds are not available to provide Sewage Treatment Plant at present for the treatment of sewage discharged by all the local bodies in the upstream side which is stagnated inside the check dam. The finding of the Joint Committee is that there is a sewage stagnation noticed only during summer and in the rainy season there is no stagnation. The villagers were advised and created an awareness to provide septic tank and soak pits for the treatment 4 and disposal of sewage generation. The interim report further states that the villagers are not willing to store water in the check dam as it is contaminated with sewage water which is not treated, if the check dam is allowed to store water mixed with untreated sewage the recharge due to the abovesaid dam would contaminate their well water also.
8. The final report was also filed by the Joint Committee which provided the water sample analysis done through the Advanced Environmental Laboratory, Tamil Nadu Pollution Control Board. From the water analysis report, it is evident that the Eazhu Erumai Pallam is carrying only sewage generated from the Town Panchayats which is evident from the presence of Faecal Coliform in all the three locations and there is no industrial effluent discharge.
9. Regarding the solid waste generated from the entire town panchayat, it is collected and is collected and processed in the Municipal Solid Waste processing facility located at S.F.No.258 Part, & 267 Part, Veerapandi Town Panchayat. The said Town Panchayat is handling and operating the Municipal Solid Waste processing, treatment or disposal facility with capacity of less than 5 t/day. As per the Solid Waste Management Rules, 2016 the local authority has to make an application in Form - I for grant of authorisation for setting up waste processing, treatment or disposal facility, if the volume of waste is exceeding five metric tonnes per day, including sanitary landfills from the State Pollution Control Board or the Pollution Control Committee, as the case may 5 be. In the instant case, it is stated that the Veerapandi Town Panchayat is generating solid waste to the tune of 4.75 TPD only.
10. So far as the sewage treatment plant is concerned, it was stated there is a proposal for providing STP under "Nadanthai Vaazhi Cauvery Project" at a cost of 3.30 Crores to treat the sewage water and to prevent discharging untreated sewage including sullage into Eazhu Erumai Pallam. Similarly, there is a proposal for providing STP in Gudalur Town Panchayat and Periyanaickenpalayam Town Panchayat under the above referred project at the cost of 7.70 Crores and 5.50 Crores respectively. The Joint Committee had in its remedial measures and recommendations stated that coliform present in the water samples is not meeting the standards prescribed by the Tamil Nadu Pollution Control Board confirming the discharge of sewage into the water body. Already the Executive Officer, Veerapandi Town Panchayat has given letter dated 23.06.2021 to the District Collector for construction and operation of the STP for the treatment of sewage water generated from the Town Panchayat. The same may be pursued and implemented. In the meanwhile, the Town Panchayat shall provide In-situ bioremediation techniques as short term remedies such as Phytoremediation, Constructed Wetlands and Microbial Bioremediation for wastewater treatment in Eazhu Erumai Pallam as suggested by the CPCB till such time construction and operation of STP commences.
11. In the report filed independently by the 7th respondent, Executive Office of the Veerapandi Town Panchayat, it is stated that the policy of the Town Panchayat in relation to planning 6 permission for building houses is mandatory since 2000 and that the applicant should have septic tank and rain water harvest facility in the house in order to drain the domestic drain water. In the absence of these two conditions, permission is not granted by the Town Panchayat. He has stated further that the liquid and solid waste collected from septic tanks were taken to Faecal sludge treatment plant ward no. 5, Athi Palayam Road Resource Recovery park which has got 25,000 KLD capacity and operating from the year 2018. This project is also said to be funded by the Bill and Melinda Gates Foundation. The recycled water from this plant is used for nearby park. The report further states that this Town Panchyat is included in the Cauvery Rejuvenation Project and 3.30 crores is allocated in order to establish treatment plant.
12. So far as the Gudalur Town Panchayat, Who is the 2nd respondent, is concerned a report has been filed by the Commissioner, as the said Town Panchayat is upgraded to Municipality. Even in this Panchayat also the building permits are granted only when there is a septic tank and rain water harvest facility is constructed. This Panchayat is also coming under the Cauvery Rejuvenation Project and a sum of Rs. 7.70 crores is allocated for establishing the treatment plant. The Commissioner in its report has stated that the solid and liquid waste collected from the septic tanks were taken to the faecal sludge treatment plant at Athi Palayam Road Resource Recovery park which has the 25000 KLD capacity.
13. Similarly, the 3rd respondent, who is the Executive Office of Periyanaickenpalayam Town Panchayat also has filed a report 7 stating that there are 9500 houses in this Panchayat and they are adhering to the solid waste management rules. This Panchayat also takes the solid waste collected to the resource recovery park where the waste is segregated to biodegradable and non- biodegradable. The biodegradable is sold as manure to the farmers at large quantities and the smaller quantities to the residents. The non-biodegradable waste such as plastics and bottles are sold to the traders at large quantity which generates income to the Town Panchayat. In all the other aspects this Panchayat is also having the same action of remediation, namely, Bioremediation, Phytoremediation etc, similar to that of the other two panchayat.
14. The 6th respondent, Executive Officer, Veerapandian Town Panchayat, in its report dated 08.04.2022 submitted that the said Panchayat has taken steps such as Bioremediation, Phyto- remediation to treat the domestic waste water. The construction of the soak pit at Pallam Canal was also completed on 03.01.2022. It is further stated that the domestic waste water runs through the soak pits further treated by Canna Lily also known as Kal Vazhai and Vettiver plants in the canal. The Town Panchayat has purchased 500 seedlings of Canna Lily and 100 seedlings of Vettiver and planted at the Pallam Canal.
15. Similar reports are filed by the Periyanaicken Palayam and Gudalur Town Panchayat.
16. The final report of the Joint Committee dated 19.07.2022 was filed along with the report of analysis of samples collected in the drainage which was collected on 07.03.2022 to ascertain whether there was any improvement in the water quality on account of the 8 steps taken by the Town Panchayat and the Municipalities. The analysis report stated that the faecal coliform found in the water samples were reduced after the treatment through In-situ bioremediation techniques and found that the Eazhu Erumai Pallam is not carrying any industrial effluent sewage. Regarding the short term measure taken by the Veerapandi Town Panchayat, it is stated that the said Panchayat has provided In-situ bioremediation techniques as a short term remedy at Periyappallam for treatment of sewage discharged from the residential houses.
17. Similarly, the Periyanaickenpalayam has obtained authorisation under Municipal Solid Waste Rules, 2000 which is renewed up to 31.03.2026.
18. The Gudalur Municipality also has obtained the authorisation under Municipal Solid Waste Rules, 2000 which is valid up to 03.04.2024. The said Municipality also has provided In-situ bioremediation techniques as short term remedy near VKV Nagar for the treatment of sewage discharging from the residential houses of GUdalur Town Panchayat. The Veerapandi Town Panchayat and the Periyanaickenpalayam Town Panchayat have proposals to provide STP under the Nadanthai Vaazhi Cauvery Project at a cost of 3.30 crores and 7.70 crores respectively. The said Panchayats assured to commence and complete the project at the earliest after getting the necessary approvals from the Government.
19. The final report of the Joint Committee also had provided the remedial measures and recommendations which are as follows:
1. Till the installation of Full Fledged Sewage Treatment Plant, No. 4 Veerapandi & Periyanaickenpalaym Town Panchayats and 9 Gudalur Municipality shall be directed to operate In-situ bioremediation continuously and efficiently.
2. No. 4, Veerapandi and Periyanaickenpalaym Town Panchayats and Gudalur Municipality shall be directed suitably to provide long-term permanent measures for the treatment of sewage generated from the local bodies.
3. No. 4, Veerapandi Town Panchayat, Gudalur Municipality and Periyanaickenpalaym Town Panchayat shall also be instructed to continue to process and dispose the Municipal Solid Waste as per the Solid Waste Management Rules, 2016 effectively.
4. No. 4, Veerapandi Town Panchayat, Gudalur Municipality and Periyanaickenpalaym Town Panchayat shall be directed to speed up the process for providing STP in their respective local body under suitable scheme immediately.
20. The Executive Officers of the Veerapandi Town Panchayat, Periyanaickenpalaym Town Panchayat and the Commissioner of the Gudalur Municipality are directed to strictly adhere to the remedial measures and recommendations made by the Joint Committee. Till such time permanent measures for the treatment of sewage are completed to ensure that no sewage or sullage water is mixed with the Eazhu Erumai Pallam which is running for a length of 20 km before it confluences into the River Bhavani at Sirumugai.
21. Let the Town Panchayat and the Municipality create awareness about the sewage and municipal waste treatment to the villagers and educate them to keep their surroundings clean. Let appropriate programmes be conducted for creating such awareness among the people in the village by involving them as volunteers also.
22. With the above directions, Original Application is disposed of.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No 10 O.A. No.80/2021(SZ) 27th April, 2023.(AM) Before the National Green Tribunal Southern Zone (Chennai) O.A. No. 80 of 2021 Suo Motu Vs. The Principal Secretary, Govt of Tamil Nadu and Ors.
O.A. No. 80/2021(SZ) 27th April, 2023. (AM) 11