National Green Tribunal
National Green Tribunal Southern ... vs The Government Of Tamilnadu Rep By Its ... on 16 December, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.8 BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 20 of 2020 (SZ)
(Through Vedio Conference)
IN THE MATTER OF:
Tribunal on its own motion SUO MOTU
initiated proceedings based on the
news Item published in Dinamalar
Tamil Newspaper dated 27.01.2020,
under the caption "degeneration of
Vandalur Lake due to unauthorised
occupation and drainage water".
1.The Government of Tamil Nadu,
represented by its Chief Secretary
Fort St. George, Chennai - 9.
2. The Secretary to Government of Tamil Nadu,
Department of Environment,
Fort St. George, Chennai - 9.
3. The Secretary to Government of Tamil Nadu,
Municipal Administration & Water Supply
Department, Fort St. George, Chennai - 9.
4. The Secretary to Government of Tamil Nadu,
Health & Family Welfare Department,
Fort St. George, Chennai - 9.
5. The District Collector,
Chengalpet District.
(R5 substituted as per
Order dt. 9.9.2020)
6. The Chairman,
Tamil Nadu Pollution Control Board,
Guindy, Chennai - 32.
(R7 & R8 deleted as per order dt.9.9.2020)
9. Vandalur Village Panchayat, Vandalur .. Respondents
Date of hearing: 16.12.2020
CORAM:
HON‟BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON‟BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
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For Respondent(s): Dr. V.R. Thirunarayanan for R1 to R5 & R9
Mr. C. Kasirajan and
Ms. Meena for R6
ORDER
The above case has been Suo Motu registered by this Tribunal on the basis of the News Paper report published in Dinamalar, Tamil Daily, Chennai Edition dated, 27.01.2020 under the caption "Mf;fpukpg;G fopT ePuhy; rPuopAk; tz;lYH Vhp" (DEGENERATION OF VANDALUR LAKE DUE TO UNAUTHORISED OCCUPATION AND DRAINAGE WATER) and also on the basis of the News paper report published in Times of India, Time City dated 31.01.2020 under the caption "NEW BIO MEDICAL WASTE DUMP EMERGES, NEAR VANDALUR LAKE"
2. It seen from both the reports that the Vandalur tank which is a water body, catering to the needs of drinking as well as irrigation purposes in that area, has become the subject matter of encroachment and also being used as a dumping ground for dumping garbage and discharging the untreated sewage water, there by affecting the quality of the water in the lake. It is also seen from the report published in the Times of India, that Bio-Medical waste is also being dumped in that area against the provisions of the Bio Medical Waste Disposal Rules, 2016. It is also mentioned in the report that dumping is done in such a way that it is buried under mud so that the same cannot be noticed by others and also it is likely to affect the water quality. Though it was brought to the notice of the authorities, they are not taking steps.
3. On going through the allegations in the newspaper reports, this Tribunal was satisfied that there arose a substantial question of 2 environment which requires the interference of this Tribunal and the matter was admitted. This Tribunal had constituted a Joint Committee, comprising of the District Collector, Chengalpattu District, State Pollution Control Board and Block Development Officer, Katankulathur, Chennai District and the Secretary of the concerned Grama Panchayat and Public Works Department (Water Resources Organisation) to look into the matter and to take appropriate action against the persons responsible for the same and submit a factual as well as action taken report to this Tribunal within a period of one month. The committee was also directed to trace out the violators, especially in the case of persons who are illegally disposing Bio-Medical waste and take appropriate action, including initiation of prosecution and recovering environmental compensation from such persons who are responsible for such illegal activity and incorporate the same in the report. The Block Development Officer was designated as the Nodal Officer for co-ordination and also for providing necessary logistics for this purpose. The District Collector was directed to give all assistance to the Block Development Officer for this purpose and posted the case to 16.3.2020 for submission of the report. Thereafter, the matter had been adjourned from time to time, either by notification or at the request of the parties. The matter was lastly taken up on 9.9.2020 and on the basis of the submission made by the counsel appearing for Greater Chennai Corporation that they are unnecessary parties to the proceedings, respondents 7 and 8 were deleted from the party array. Thereafter, instead of District Collector, Chennai District, District Collector, Chengalpet was substituted as 5 th respondent.
4. This Tribunal also considered the report submitted by the Joint Committee signed on 8.9.2020 which was extracted in para 6 of the 3 order which reads as follows:
"Inspection Report of the Joint Committee constituted by the Hon‟be National Green Tribunal (Southern Zone) in O.A. No.20 of 2020 (SZ), taken up as Suo Motu case based on the news item published in Dinamalar Tamil Daily, Chennai Edition dated 27.01.2020 under the caption "Degeneration of Vandalur Lake due to authorized occupation and drainage water" and also based on the newspaper report seen in Times of India, Time City dated 31.01.2020 under the caption "New Bio Medical Waste dump emerges near Vandalur Lake:"
1. Orders of the Hon‟ble Tribunal It is respectfully submitted that the Hon‟ble National Green Tribunal (SZ), Chennai in its order dated 03.02.2020 in the matter of O.A. No.20 of 2020 directed the following, "In order to ascertain the factual situation and also action taken report we appoint a Joint Committee comprising of the (1) District Collector, Chengalpet District, (2) State Pollution Control Board and (3) Block Development Officer, Kattankulathur and the Secretary of the concerned Grama Panchayat and Public Works Department, (Water Resources Organization) to look into the matter and to take appropriate action against the persons responsible for the same and submit a factual as well as action taken report to this Tribunal within a period of month".
"The committee shall also look into the question to trace out the violators, especially in the case of persons who are illegally disposing Bio Medical Waste and take appropriate action including initiation of prosecution and recovering the environmental compensation for such persons and incorporate the same in the report regarding the action taken against those persons who are responsible for such illegal activity."
"The Block Development Officer, Kattankulathur will act as the nodal officer for co- 4 ordination and for providing all necessary logistics for this purpose".
"The District Collector is directed to give all assistance to him for this purpose".
2. Compliance of the Direction:
In due compliance of the said Hon‟ble National Green Tribunal direction, the Block Development Officer, Kattankulathur has communicated the order and requested the members of the Joint Committee to come for
inspection on 29.07.2020 of the area in question vide letter No.1019/2020 dated July 24, 2020. Accordingly, the members of the joint committee have carried out the inspection of the Vandalur Lake, the area in question.
3. Scope of the Committee as per order
i) To inspect the area in question i.e. Vandalur Lake and to submit a factual report regarding encroachment, dumping of garbage, discharge of untreated sewage and dumping of bio medical waste and to take appropriate action against persons responsible for the same, if there is any violation found.
ii) To trace out the violators, in case of persons who are illegally disposing Bio Medical Waste.
iii) To take appropriate action including initiation of prosecution and recovering of environmental compensation against the persons responsible for the same.
4. Joint Inspection of the Committee The Joint Committee has inspected the area in question i.e. Vandalur Lake at S.F. No.50, Vandalur Village, Vandalur Taluk, Chengalpattu District on 29.07.2020.
It is respectfully submitted that the Vandalur Village Panchayat is located in the Southern limits of Chennai Metropolitan City. The total extent of Panchayat is 8.9 Sq.Km. and falls in the jurisdiction of Chengalpattu District. The population of the 5 village panchayat as per 2011 census is 27552 and at present it will be around 35000. The Panchayat has 15 wards. As the local body is in the periphery of Chennai City, it is linked with road, train and all communication facilities at par with Metropolitan City.
Under the existing Solid Waste Management Scheme the village panchayat is having own Secondary Collection Vehicle, 1 No. of Mini Compactor Lorry, 1 No. of Tractor and 1 No. of tractor on rental basis. Also the Panchayat is having primary collection vehicle - 5 Nos. of Tri Cycles, 6 Nos. of Push Carts and 2 Nos. of Battery Vehicles to clean the streets in 15 Wards in Vadalur Panchayat limit.
The village panchayat carries out door to door collection of solid waste of 2 T/day. Out of 2 T/day municipal solid waste, 1 T/day of bio degradable solid waste is generated and the balance, 1 MT/day of non bio degradable wastes. During the time of inspection, the committee observed the following:
Observations by the Committee:
1) The total extent of land of the Vandalur lake at S.F. No.50, Vandalur Village, Vandalur Taluk, Chengalpattu District is 101 Acres and it was reported that the water body is owned by Public Works Department (PWD).
2) The Vandalur lake is surrounded by Outer Ring Road on Western and Southern sides, vacant land followed by residences on Eastern Side and Vandalur to Padappai Road in the northern side.
3) The municipal solid waste was earlier dumped on the fringes of the south eastern side of the said water body and the same was removed and the panchayat has vacated from the said area.
4) The Vandalur village panchayat is not carrying out the processing of the solid waste collected from the panchayat area as per Solid Waste Management Rules, 2016.
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5) The Block Development Officer, Kattankulathur has stated that a land in an extent of about 25 cents was allotted to them for processing the solid waste generated from the said panchayat at S.F. No.50 Part, Vandalur Village, Vandalur Taluk, Chengalpattu District.
6) No Bio Medical Waste was found dumped at the area in question
7) It was reported by the Public Works Department that they will be providing foreshore bund all around the lake to prevent unauthorized entry of persons so as to avoid dumping of solid waste and bio medical waste in the said area in question. The foreshore bund work by the PWD around the lake is under progress and it will be completed within a month‟s time.
8) There are about 4484 Nos. of households in the panchayat and most of the houses have provided septic tank arrangements for disposal of sewage generated from their households and no sewage was found discharged into the said lake.
9) Encroachment in the form of three houses was identified by the PWD and it was informed by the PWD that the same will be evicted with the assistance of Revenue Department.
Recommendations:
1) Vandalur Village Panchayat shall ensure 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection, processing and disposal by complying with the provisions of the Solid Waste Management Rules, 2016 within 3 months time.
2) Vandalur Village Panchayat shall not dump municipal solid waste under any circumstances in the said area in question.
3) Vandalur Village Panchayat shall deploy the sanitary staff in the area in question to carry out monitoring to prevent any dumping of bio medical waste/ solid waste immediately. 7
4) The Block Development Officer, Kattankulathur in co-ordination with District Administration shall identify an alternate land for handling and treatment of Solid Waste as per the Solid Waste Management Rules, 2016 within 3 months.
5) The Block Development Officer, Kattankulathur shall monitor and ensure that the local body complies with the statutory requirements and for the scientific disposal of solid waste that are being generated in the local body, till commencement of the new facility.
6) The Public Works Department (PWD), WRD shall carry out foreshore bund formation around the said water body within a month‟s time so as to prevent the entry of persons for dumping of garbage and bio medical waste.
7) Vandalur Village Panchayat shall issue notice to the households not to dump the wastes and discharge sewage/sullage on the road side leading to the Lake.
8) The local body shall establish micro composting centre to handle the bio degradable waste. The above said facility shall be established within a period of three months.
9) Public Works Department shall co ordinate with the Revenue authorities for the eviction of encroachment in the said water body within 3 months."
5. Thereafter, this Tribunal had noticed certain contradictions regarding the land allotted to the Panchayat for implementing the Solid Waste Process Facility and since no water analysis was conducted so as to ascertain whether there was any possibility of discharge of sewage and regarding the encroachment in the lake area, this Tribunal directed the Committee to submit a further report and posted the case to 28.10.2020 for that purpose. Thereafter, the matter has been adjourned by notification and as per notification dated 25.11.2020, it was adjourned to today for that purpose.
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6. When the matter came up for hearing today through Video Conference, Dr. V.R. Thirunarayanan represented respondents 1 to 5 and 9 and Sri. C. Kasirajan through Ms. Meena represented 6th respondent.
7.Today we have received a further Report of the Joint Committee signed on 23.10.2020 and received on 19.11.2020 which reads as follows:
"It is respectfully submitted that the Hon‟ble NGT in its order dt. 3.2.2020 directed the following:
"In order to ascertain the factual situation and also action taken report we appoint a Joint Committee comprising of District Collector, Chengalpattu District, State Pollution Control Board and Block Development Officer, Katankulathur, Chennai District and the Secretary of the concerned Grama Panchayat and Public Works Department, (Water Resources Organisation) to look into the matter and to take appropriate action against the persons responsible for the same and submit a factual as well as action taken report to this Tribunal within a period of one month.
The committee shall also look in to the question to trace out the violators, especially in the case of persons who are illegally disposing Bio-Medical waste and take appropriate action including initiation of prosecution and recovering the environmental compensation for such persons and incorporate the same in the report regarding the action taken against those persons who are responsible for such illegal activity.
The Block Development Officer will act as the nodal Officer for co- ordination and also for providing necessary logistics for this purpose. The District Collector is directed to give all assistance to him for this purpose."
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It is respectfully submitted that the joint committee as constituted by the NGT inspectsed the said site and submitted the report.
"It is respectfully submitted that the Hon‟ble NGT in its order dt. 9.9.2020 directed the following:
"It is seen from the report that there are contradictions regarding the space allotment to the panchayat for doing the Solid Waste Management processing facility. Further, though it is mentioned that no discharge of sewage is found, they have not made any attempt to conduct the water analysis of the lake water so as to assess the water quality of the lake as without doing the same it is not possible to come to the conclusion that there was no discharge of sewage and water is not contaminated by any of the activities alleged in the paper report.
It is also mentioned in the report that there are three houses identified as encroachers into the lake area and the Public Works Department has given an undertaking that they will take steps with the help of revenue department to evict those persons and they want three months time for that purpose.
So under such circumstances, we want further report from the committee after conducting the water analysis from the lake and also the progress of shifting of the waste management process facility from this area to a safer place and also for compliance of the Solid Waste Management Rules, 2016 by the said panchayat. The committee is directed to submit the report on the above aspects on or before 28.10.2020 to this Tribunal by e-filing along with necessary hardcopies to be produced as per rules."
"Scope of the committee as per the order:
To collect water samples from Vandalur Lake and conduct the water 10 analysis of the lake water so as to assess the water quality of the lake To state the progress of shifting of the waste management process facility from this area in question to a safer place and the compliance of the Solid Waste Management Rules, 2016 by the Vandalur Village Panchayat. To state the progress in eviction of the encroachments in the Vandalur Lake area.
III. Collection of water samples to ascertain the quality of water in the Vandalur Lake.
In due compliance with the order of the Hon‟be National Green Tribunal, water samples were collected from Vandalur Lake on 5.10.2020 and the detail of the report of analysis is submitted as below: Statement showing the value of the physic chemical parameters analyzed Parameters Units TNPCB Point of Standards Collection (inland Vandalur Surface Lake water pH @25o C No 5.59 7.64 Total suspended solids at 105oC Mg/L 100 4 Total dissolved solids @ 180oC Mg/L 2100 612 DO Mg/L 5mg/1 7.4 & above BOD Mg/L 30 6 COD Mg/L 250 40 Copper as Cu Mg/L 3 0.27 Zinc as Zn Mg/L 1 <0.01 Cadmium as Cd Mg/L 2 <0.013 Lead as Pb Mg/L 0.1 0.21 11 Nickel as Ni Mg/L 3 <0.05 Total Chromium Cr Mg/L 2 <0.05 Hexavalent Chromium Cr+6 Mg/L 0.1 <0.05 Statement showing the value of the bacteriological parameters analyzed Parameters Units Primary Water Quality Criteria Point of For bathing waters prescribed Collection By Central Pollution Control Board Total MPN/ 500 or less 61 coliform 100ml Faecal MPN/ 500 (desirable) 2500 maximum <1.8 coliform 100ml Permissible The report of analysis of the water sample collected from the said water body reveals that the physic chemical parameters analyzed satisfies the inland surface water standards prescribed by the Board except parameter „lead‟. Furthermore, the water samples collected from the Vandalur Lake analyzed for bacteriological parameter „faecal coliform‟ meets the primary water quality criteria for bathing water prescribed by the Central Pollution Control Board. IV. Status compliance of the Hon‟ble NGT order: The total extent of land of the Vandalur Lake at S.F.No.50, Vandalur Village, Vandalur Taluk, Chengalpattu District is 101 acres and it was reported that the water body is owned by Public Works Department. Vandalur lake is surrounded by outer ring road on western and southern sides, vacant land followed by residences on eastern side and Vandalur to Padapai Road in the northern side.
12 The municipal solid waste was earlier dumped on the fringes of the south eastern side of the said water body and the same was removed and the Panchayat has vacated from the said area. The Vandlur Village Panchayat is not carrying out the processing of solid waste collected from the Panchayat area as per Solid Waste Management Rules, 2016.
The Block Development Officer, Kattankulathur has stated that a land in an extent of about 22 cents was allotted to them for processing the municipal solid waste generated from the said Panchayat at S.F.No.178, Vandalur Village, Chengalpet District which is adjacent to the Vandalur Lake, separated by the newly formed bund. The municipal solid wastes collected from the village panchayat area are dumped in the new site and they have proposed to carry out establishment of segregation cum micro composting of bio degradable waste in the said site. No bio medical waste was found dumped at the area in question It was reported by the Public Works Department that they have completed the foreshore bund and wired fencing on the eastern side and also in the process of providing wired fencing on the southern side of the lake to prevent unauthorised entry of persons so as to avoid dumping of municipal solid waste and bio medical waste in the area in question. Encroachment in the form of three houses identified by the Public Works Department and it was informed by the PWD that the same will be evicted with the assistance of Revenue Department. Recommendations: Vandalur Village Panchayat shall ensure 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection, processing and disposed by complying with the provisions of the Solid Waste Management Rules, 2016 within 3 months time.
13 Vandalur Village Panchayat shall not dump municipal solid waste under any circumstances in the said area in question. Vandalur Village Panchayat shall deploy the sanitary staff in the area in question to carry out monitoring to prevent any dumping of bio medical waste/municipal solid waste immediately. The local body shall establish micro composting centre to handle the bio degradable waste in the newly identified site. The above said facility shall be established within a period of three months. The Block Development Officer, Kattankulathur shall monitor and ensure that the local body is complied with the statutory requirements and for the scientific disposal of solid waste that are being generated in the local body till commencement of the new facility. Vandalur Village Panchayat shall issue notice to the households not to dump the wastes and discharge sewage/sullage on the road side leading to the lake.
Public Works Department shall coordinate with the revenue authorities for the eviction of encroachment in the said water body within six months."
8.It is seen from both the reports that there is no bio medical waste deposited in this area as alleged in the newspaper report. The later report referred to above shows that the water quality in the lake confirmed the inland surface water standards prescribed by the Board, except parameter regarding „lead‟. The parameter of „faecal coliform‟ also meets the primary water quality criteria for bathing water prescribed by the Central Pollution Control Board. It is also seen from the report that earlier municipal solid waste was dumped on the fringes of the south eastern side of the said water body and the same was removed and the Panchayat has vacated from the said area. It is also noted that the Village Panchayat is not carrying out the processing of solid waste 14 collected from the Panchayat area as per Solid Waste Management Rules, 2016. It is also seen from the report that about 22 cents of land was allotted to them for processing the municipal solid waste generated from the said Panchayat at S.F.No.178, Vandalur Village, Chengalpet District which is adjacent to the Vandalur Lake, separated by the newly formed bund and they are now dumping the waste there and proposed to carry out establishment of segregation cum micro composting of bio degradable waste in that site. It is also seen from the report that the Public Works Department has completed the foreshore bund and wired fencing on the eastern side and also in the process of providing wired fencing on the southern side of the lake to prevent unauthorised entry of persons so as to avoid dumping of municipal solid waste and bio medical waste in the area in question. It is also mentioned in the report that encroachment in the form of three houses identified by the Public Works Department will be evicted with the assistance of Revenue Department. Certain recommendations were also made which have to be followed by the Vandalur Village Panchayat and the Block Development Officer, Kattankulathur and the Public Works Department which they will have to comply. Along with the latest report, they have produced some photographs showing the removal of waste and also the steps taken by providing fencing to avoid further encroachment in the lake area.
9. Considering the circumstances that the waste which had been dumped, as seen from the newspaper report, had been removed now and certain directions were issued by the authorities to be complied with in future, we feel that the application can be disposed of by giving the following directions:
(i)The Vandalur Village Panchayat is directed to implement the Solid 15 Waste Management Rules, 2016 in respect of collection, segregation and disposal of the waste generated within their jurisdiction strictly in compliance of the Solid Waste Management Rules, 2016.
(ii) The Vandalur Village Panchayat, in consultation with the Block Development Officer, Kattankulathur, shall take immediate steps for scientific disposal of the waste dumped in the new site identified for that purpose, without causing any further complaint regarding the same.
(iii) The Vandalur Village Panchayat is directed to take all supervision to avoid dumping of waste unauthorisedly in any place and if it is brought to their notice, take appropriate action against those persons who are responsible for the same in accordance with law.
(iv) The Block Development Officer, Kattankulathur is directed to monitor and ensure that Vandalur Village Panchayat is strictly complying with the Solid Waste Management Rules, 2016 for disposal of the waste generated within their jurisdiction in a scientific manner without dumping the same in the water body.
(v) The Public Works Department, in coordination with the Revenue Authorities, are directed to take steps to remove the encroachment found in the waterbody within six months, after strictly complying with the procedure in accordance with law.
(vi) The District Collector, Chengalpet is directed to monitor implementation of the mandate of Rule 12 of the Solid Waste Management Rules, 2016 by the Vandalur Village Panchayat and if there is any violation found, take appropriate action against them in accordance with law.
(vii) The District Collector, Chengalpet is also directed to submit the progress of the steps taken by them to implement the recommendation made by the Joint Committee periodically once in three months, till the 16 entire recommendations are completely implemented through e-filing at [email protected].
(viii) The Tamil Nadu Pollution Control Board is directed to monitor implementation of the Solid Waste Management Rules, 2016 and also the directions issued by the Principal Bench of the National Green Tribunal in O.A.No.606 of 2018 and if the same is not properly implemented, as directed, take action against the Panchayat, as directed by the Principal Bench of the National Green Tribunal in O.A.No.606 of 2018 and submit periodical report to this Tribunal once in three months through e-filing at [email protected] till the same is completely implemented by the concerned Panchayat.
10.The office is directed to place the report before this Tribunal as soon as the same is received for consideration and issuing of further direction by this Tribunal in this regard .
11.The Registry is directed to communicate this order to the Vandalur Panchayat, Block Development Officer, Kattankulathur, District Collector, Chengalpattu and the concerned PWD (Water Resources Organisation) authorities and the Tamil Nadu Pollution Control Board through e-mail immediately so as to enable them to comply with the direction and submit the periodical reports as directed. With the above directions and observations, the application is disposed of.
...................................J.M. (Justice K. Ramakrishnan) ......................................E.M. (Sri.Saibal Dasgupta) O.A.20/2020-16.12.2020-kkr 17