National Green Tribunal
National Green Tribunal Southern Zone vs The Secretary To Govt. Of Tamil Nadu ... on 2 September, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.01 Court No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 56 of 2020 (SZ)
(through video conference)
IN THE MATTER OF:
Tribunal on its own motion SUO MOTU
Based on the News Item in Chennai Express
Newspaper dated 04.03.2020, Chennai Supplementary
"Sithalapakkam Lake in need of succour".
And
The Secretary to Government of Tamil Nadu,
Public Works Department,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009 ...Respondent(s)
Date of Judgment: 02.09.2022
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): By Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R5, R7 & R8
Mr. S. Sai Sathya Jith for R6
Mr. R. Purushothaman represented
Mr. P. Srinivas for R9
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment. Pending interlocutory application, if any, shall stands disposed of.
Justice K. Ramakrishnan, J.M. Dr. Satyagopal Korlapati, E.M. O.A. No. 56/2020(SZ) 02.09.2022. Sr. 1 Item No.01 Court No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 56 of 2020 (SZ) (through video conference) IN THE MATTER OF:
Tribunal on its own motion SUO MOTU Based on the News Item in Chennai Express Newspaper dated 04.03.2020, Chennai Supplementary "Sithalapakkam Lake in need of succour".
And
1. The Secretary to Government of Tamil Nadu, Public Works Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009
2. The Secretary to Government of Tamil Nadu, Department of Environment, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
3. The Secretary to Government of Tamil Nadu, Municipal Administration & Water Supply Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009
4. The Secretary to Government of Tamil Nadu, Health & Family Welfare Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009
5. The District Collector, Chengalpattu District, District Collectorate Office, Chengalpattu, Tamil Nadu - 603 001.
6. The Chairman, Tamil Nadu Pollution Control Board, Anna Salai, Guindy, Chennai - 600 032, Tamil Nadu, India.
27. Engineer - in - Chief, WRO & Chief engineer (General), PWD, Chepauk, Chennai, Tamil Nadu - 600 005.
8. The Executive Officer, Chitlapakkam Town Panchayat, No.2, IInd Main Road, Chitlapakkam, Chengalpattu, Tamil Nadu - 600 064.
Tamil Nadu, India.
9. The Commissioner, Pallavaram Municipality, Rep by its Commissioner, 3rd Main Road,Pallavapuram, Shastri Colony, Chrompet, Tamil Nadu - 600 044.
(R9 Suo-Motu impleaded as per order dated 23.03.2021)
10. St. Thomas Mount Panchayat Union, Rep. by its Block Development Officer, No. 20, Chitlapakkam Main Road, Kamaraj Colony, Nehru Nagar, Chitlapakkam, Chennai - 600 064.
11. The Superintending Engineer, Public Works Department (PWD) and Water Resources Organisation (WRD), Palar Basin Circle, Chennai - 600 005.
12. Tambaram Municipal Corporation, Re. by its Commissioner, No. 1, Muthuranga Mudali Street, Tambaram West, Chennai - 600 045.
(R10 to R12 Suo-Motu impleaded as per order of
Tribunal dt: 07.02.2022) ...Respondent(s)
For Applicant(s): By Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R5, R7 & R8
Mr. S. Sai Sathya Jith for R6
Mr. R. Purushothaman represented
Mr. P. Srinivas for R9
Judgment Reserved on: 18th August, 2022.
Judgment Pronounced on: 02nd September,.2022.
3CORAM:
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 was Suo Motu registered by this Tribunal on the basis of the news paper report published in the 'Hindu" Chennai Supplementary, dated 04.03.2020 under the caption "Sithalapakkam Lake in need of succour".
2. It was alleged in the newspaper report that Sithalapakkam Lake brimming with water remains an eyesore. The water body located on Medavakkam-
Mambakkam Main road has over the years has fallen victim to encroachments and also suffers from poor maintenance. It was spread over an area of 160 Acres, but now it serves a dumping ground for garbage. Wastewater was also let into it by sewage tankers. It was also mentioned that on enquiry that the area is being used for dumping waste generated in the Panchayat. The environment activists in that area even requested the District administration to take steps to protect the water body by construction of bunds as has been done in Vengaivasal Lake The Water Resources Department which manages both Vengaivasal and Sithalapakkam Lake had planned to remove 'makeshift' dump site and rejuvenate the water body. They had approached the local bodies to remove the waste dumped in that area.
3. As per order dated 06.03.2020, this Tribunal had admitted the matter but in the body of the order it was wrongly mentioned as Putheri Lake in Pallavaram instead of Sithalapakkam Lake. The Joint Committee was appointed comprising of (1) District Collector, Chengalpattu District, (2) a Senior Officer from Tamil Nadu Pollution Control Board as deputed by its Chairman, (3) Chief Engineer from Water Resources Organisation (WRO) 4 Public Works Department (PWD), Chennai (4) Commissioner from Pallavaram Municipality and (5) a Senior Officer from Chennai Metropolitan Water Supply & Sewerage Board to go into the allegations made in the newspaper report and submit a factual as well as action taken report, if there is any violation found.
4. The committee was directed to ascertain the extent of the land covered by the original revenue records and encroachments (if any), discharge of untreated sewage into the water body and quality of the water, if the water is contaminated what are the long term and short term measures taken to rejuvenate the water and restore the water body. If there is any violation found they were directed to assess the environmental compensation apart from initiating prosecution and other coercive steps provided under the respective laws.
5. The Water Resources Organisation (WRO) and Public Works Department was designated as nodal agency for co-ordination and also for providing all necessary logistics for this purpose.
6. The Chief Engineer, Public Works Department (PWD) and Water Resources Organisation (WRO), Chennai Suo Motu impleaded as additional 9th respondent.
7. The Tamil Nadu Pollution Control Board also earlier filed a report on that basis. Though the case was taken up for Judgment along with O.A. No. 55 of 2020 (SZ), later it was revealed that no report in respect of Sithalapakkam lake was submitted either by the Tamil Nadu Pollution Control Board or by the Joint Committee, this Tribunal by order dated 11.07.2022 decided to proceed with the matter independently and the Block Development Officer, St. Thomas Mount Panchayath Union, St. Thomas Mount, Chennai -64 Suo-Motu impleaded as additional 10th respondent.
8. The Joint Committee has filed a report earlier but in the Joint Committee report nothing was mentioned about the Sithalapakkam Lake, but they had only considered about the Putheri lake in Pallavaram which was subject 5 matter in O.A. No. 55 of 2020 (SZ) and recommendations were made into short term and long term measures were also provided to be carried out by the different departments.
9. The Superintending Engineer, Public Works Department and Water Resources Organisation and Commissioner, Tambaram City Municipal Corporation were Suo-Motu impleaded as additional respondents 11 & 12th respectively. This Tribunal also re-constituted a committee comprising of (1) District Collector, Chengalpattu District or his nominee not below the rank of Assistant Collector/Sub Divisional Magistrate as nominated by the District Collector, (2) a Senior Officer from the Tamil Nadu Pollution Control Board as deputed by its Chairman, (3) The Superintending Engineer, Public Works Department (PWD) and Water Resources Organisation (WRO), Palar River Basin Circle, Chepauk, Chennai and (4) Block Development Officer, St. Thomas Mount Panchayath Union, St. Thomas Mount, Chennai to inspect this lake and ascertained the genuineness of the allegations made in the newspaper report and if there is any violation found, they were directed to file a factual as well as action taken report.
10. The committee was directed to ascertain (a) the original extent of the lake as per the original revenue records of pre-independent era, (b) Whether the area had been reduced due to illegal encroachment and if so, what is the nature of action taken, (c) whether any garbage was dumped in the lake area by Sithalapakkam Village Panchayath and if so, what is the nature of action taken, (d) Whether the Solid Waste Management Rules, 2016 and the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 were being implemented in that area and if not, what is the nature of action taken as directed by the Principal Bench of National Green Tribunal in that regard (e) Whether any illegal discharge of sewage was happening and if so, locate the source of drainage and illegal discharge and mention the nature of action taken (f) If there was any damage caused to the lake and also the environment, the committee was directed to assess the damage caused to the environment and also assess the environmental compensation apart from suggesting the methods to restore the water bodies to its original position.
611. The District Collector, Chengalpattu District was also directed to take appropriate steps and to identify the number of encroachments and report about taken by them to remove the same as has been directed by this Tribunal in several cases.
12. The Superintending Engineer, Public Works Department (PWD) & Water Resources Organisation (WRO), Chennai was designated as the nodal agency for co-ordination and for providing necessary logistics for this purpose and they were directed to file their statements.
13. As per order dated 11.07.2022, this Tribunal had decided to deal the matter. On that day, this Tribunal had considered the report submitted by the Commissioner, Tambaram City Municipal Corporation that Sithalapakkam Village Panchayat falls within the jurisdiction of Sithalapakkam Village Panchayat which is under the supervision of Block Development Officer, St. Thomas Mount Panchayat Union. This Tribunal also impleaded Block Development Officer, St. Thomas Mount Panchayat Union impleaded as additional 10th respondent and directed the committee to submit the report.
14. The matter was taken up on 29.07.2022 and on that day, at the request of the parties the matter was adjourned to 18.08.2022. On 18.08.2022, this Tribunal received the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 17.08.2022, e-filed on the same date which reads as follows:-
1....XXXX........XXXX 7 8
15. The Block Development Officer, St. Thomas Mount Panchayat Union has filed a report dated 18.08.2022, e-filed on the same date, wherein they have stated that as regards Sithalapakkam Panchayat Union is concerned they are strictly complying with the Solid Waste Management Rules, 2016 and waste collected are taken to the dumping site at Kolathur Panchayat falls within Kattankolathur Panchayat Union. No waste is dumped in the lake. The Elected President of Sithalapakkam Village confirmed that neither sewage nor any liquid waste is let into Sithalapakkam lake. The Liquid waste generated from the human settlement area by the Tamil Nadu Slum Clearance Board, as previously known is collected in a pond specially dug up for this purpose to treat the liquid waste and erected fence surrounding the pond. The Joint Committee had inspected the area on 07.06.2022 and report will have to be filed through nodal agency.
16. Quite unfortunately neither the Joint Committee nor the Water Resources Department has filed respective reports. However, it is seen from the report submitted by the Tamil Nadu Pollution Control Board that said lake was provided with fencing on the Western side and Northern side and it was reported by the Public Works Department that they are identifying encroachment in the lake. No solid waste was found dumped on the borders of the lake. Sewage from the residential and commercial areas are found discharged into the lake and the lake partly covered by water hyacinth. The Solid wastes generated from the Sithalapakkam area are collected and sent to Kolathur Dumpsite located at Kattangulathur Block of Chengalpattu District. The water sample was collected from Sithalapakkam lake on 02.08.2022 showed that the BOD exceeds bathing water standards prescribed by the Central Pollution Control Board. The D.O is less than the desired level. The water sample collected from the Sithalapakkam lake were analysed for Bacteriological parameter reveals that Total Coli form meets the Designated Best Use Water Quality Criteria for Bathing Waters prescribed by Central Pollution Control Board and they have issued direction to the Tambaram City Municipal Corporation to complete the Underground Sewerage System to the uncovered area and ensure untreated sewage presently let into the nearby land and water bodies should be stopped. They have issued certain directions to the Tambaram City Municipal Corporation in this regard.
917. Heard the counsel appearing for respondents and the matter was taken up for Judgment on that date.
18. The counsel appearing for State Department submitted that they were taking all necessary steps to protect the water body against encroachment and pollution and they will abide by any conditions imposed by this Tribunal.
19. The counsel appearing for Tamil Nadu Pollution Control Board submitted that there was no solid waste dumped in the lake. But Public Works Department had taken steps to identify the encroachments.
20. The Tambaram City Municipal Corporation was directed to complete the Underground Sewerage System and avoid discharge of untreated sewage into the Sitahalapakkam Lake.
21. Considered the pleadings, reports and the submissions made by the counsel appearing for respondents.
22. The grievance in the newspaper report was that on account of non- maintenance of Sithalapakkam Lake it has become a dumping ground and sewage pond. Further encroachments also happened and it was having an extent of 160 Acres, if it is properly maintained it will have great impact in that area and can cater to the needs of the people even for drinking purpose.
23. Putheri Lake on account of certain mistake crept in the order passed by this Tribunal while admitting the matter and appointing the Joint Committee. Subsequently when it was revealed, necessary parties were impleaded and the joint Committee was re-constituted and they were directed to submit the report by giving certain terms of reference, but quite unfortunately no report was filed by the re-constituted committee as directed.
24. It was seen from the report submitted by the Tamil Nadu Pollution Control Board and also by the Block Development Officer, St. Thomas Mount 10 Panchayat Union at the Joint Committee had inspected on 07.06.2022, but neither the Joint Committee nor the Nodal agency for Water Resources Department who is in charge of maintaining the water body have filed respective reports. Quite unfortunately, District Collector, Chengalpattu District also did not file any report in respect of the allegations made in the newspaper report as he is the authority to take the action for removal of encroachment if any in the water body and implement the Solid Waste Management and Liquid Waste Management in the respective area under the respective rules. This is not the first time this Tribunal was expressing its displeasure on the District Collector, Chengalpattu District, the Joint Committee and the departments which are expected to protect the water body for not filing the report, so as to enable this Tribunal to dispose of the matter in an effective manner. It is for the Chief Secretary to look into the issue seriously and take appropriate action against those officers who are irresponsible in not filing the report in compliance of the directions of this Tribunal, so that, that will give a message to the officers who have been directed to file the reports on time.
25. It is time and again reiterated by the Hon'ble Apex Court and also various High Courts including Hon'ble High Court of Madras Principal Bench of National Green Tribunal and also this Bench, regarding the responsibility of the State to protect the water bodies against encroachment and pollution as part of protection of environment as mandated under Article 48(A) of the constitution of India. Further State department has got a responsibility to provide clean environment which includes providing clean water and air as part of 'Right to Life' as guaranteed under Article 21 of the Constitution of India and this obligation has to be primarily discharged by the State machineries including the local bodies and the regulators. It is well accepted principle of environment that water bodies are not only acting as source for water for drinking and irrigation purposes, but also act as a water storing reservoir, natural rain water harvesting system and help the natural recharge of ground water level in those areas apart from acting as flood mitigation mechanism to collect more water that is generated during rainy season to avoid flood in the neighbouring areas.
1126. The Hon'ble High Court of Madras had passed strictures against the authorities heavily for not taking steps to remove the encroachments and protect the water bodies, so as to discharge their constitutional obligation of protecting environment. Even in some cases, the Hon'ble High Court of Madras had initiated contempt proceedings and issued directions to pay a cost of Rs. 25,000/- (Rupees Twenty Five Thousand Only) if they did not file the reports containing the details. In spite of all these stringent measures taken by the Courts, the actions from the departments are not moving in the right direction as expected by the Courts and the Tribunal. Once the State machineries failed to discharge their obligation of protecting environment as contemplated under Article 48(A) of the Constitution of India, then they are failing to discharge their duty to maintain environmental rule of laws which is highly essential for the purpose of protecting the life of the people. Any environmental degradation will result in health hazard to the people and it is the primary responsibility of the State to avoid health hazards being caused or experienced by the people on account of the lack of implementation of environmental laws by the regulating authorities.
27. In one of the matters, Hon'ble Apex Court observed that merely because water bodies have become disused on account of negligence of not providing maintenance by the authorities it will not lose its character as water body and steps must be taken to restore and rejuvenate the same to its original position on that ground the same cannot be used for any other purposes of providing Pattas of lands which were recorded as water bodies in the Revenue records by the authorities was also deprecated by the Hon'ble High Court of Madras in various decisions including in and directed the authorities to take steps to remove the encroachments by invoking the provisions of Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and rules framed there under. In spite of all these directions, action on ground for removal of encroachment and protecting the water bodies are moving at a slow pace.
28. The Principal Bench of National Green Tribunal as well as the Special Bench of this Tribunal in several mattes reiterated that it is not possible for the 12 Tribunal to monitor the implementation of statutory rules by the regulators and also monitor the discharge of the statutory function of the regulators perpetually and it is for the authorities to take proactive role in implementing the environmental laws and protecting environment thereby discharging their onerous responsibility of protecting environment as contemplated under Article 48(A) and Article 21 of the Constitution of India.
29. Further in O.A. No. 606 of 2018, the Principal Bench of National Green Tribunal, New Delhi had interacted with Chief Secretary to Government, State of Tamil Nadu and disposed of the case relating to each State recording the undertaking given by the respective Chief Secretaries and directed the Chief Secretary to monitor the implementation of the direction by appointing committee at Secretary level and conduct periodical review meetings by the Chief Secretary. So there is no meaning in keeping the case for long time and monitor the implementation by giving series of directions and expressing its displeasure on the part of the authorities, in not discharging the duties as expected. Even in this case, the District Collector, Chengalpattu District has not filed independent reports and the Joint Committee also not filed further report as directed that shows the lethargic latitude on the part of the authorities in not implementing the directions issued by this Tribunal in its letter and spirit. It is high time for the Chief Secretary to look into the issue and take appropriate action against those officers who are not complying with the directions of the Tribunal to send a strong message to the other officers for not repeating such things in future.
30. Though the Joint Committee did not file the report it is seen from the report submitted by the Tamil Nadu Pollution Control Board that there was some encroachments and steps will have to be taken. Further it was also mentioned that sewage from Tambaram municipal area coming to this area. Though Tambaram City Municipal Corporation was directed to file a report on this aspect and granted time till 28.08.2020, no independent report was filed by the Tambaram City Municipal Corporation has been filed.
31. So under such circumstances, we feel that instead of retaining the case for longer period and monitoring the activities of the regulators disposed of 13 the matter by giving following directions:--
i. The District Collector, Chengalpattu District in coordination with the Water Resources Department is directed to take steps to conduct the survey to ascertain the extent of the Sithalapakkam Lake on the basis of the original revenue records and identify the unauthorised encroachments including in its inlets and outlets and if there is encroachment, the same will have to be removed and the water body/channels to be restored to the original position including cancellation of unauthorisedly issued Pattas against the directions issued by the Hon'ble High Court of Madras in and other related matters.
ii. The Water Resources Department is directed to take steps to provide protective mechanism by providing bio- fencing/planting green cover or other scientific methods and they must also take necessary action to strengthen the bunds and repair the weirs and sluices provided to regulate the inflow and outflow of the water to the lake and this direction will be subject to the directions already issued and to be issued by the Hon'ble High Court of Madras in respect of removal of encroachments and protection of water bodies in the Writ Petitions, if any, pending in respect of this particular lake as well. iii. The Block Development Officer, St. Thomas Mount Panchayat Union is directed to strictly implement the Solid Waste Management Rules, 2016, Liquid Waste Management and other Waste Management Rules within their jurisdiction and they should take steps to avoid dumping of waste in the water spread area of the lake and causing pollution to the water body. If waste is already dumped, then they are directed to remove the same from the water spread area and shift to the designated dump yard after obtaining necessary permission (if any) required 14 under the respective Waste Management Rules in this regard.
iv. The Commissioner, Tambaram City Municipal Corporation is directed to expedite the process of completion of the Underground Sewage Scheme in the places where it is not covered, at the earliest and avoid discharge of untreated sewage into the water body and if any violation found, then they are directed to take appropriate steps to plug the unauthorised connections and take steps to prosecute such violators who are discharging untreated sewage into the water bodies.
v. The Tamil Nadu Pollution Control Board is directed to monitor the implementation of Solid Waste Management and Liquid Waste Management and other Waste Management as per concerned rules and also the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and other related matters and if there is any violation or non-compliance by any Institution/local bodies, then they are directed to take appropriate action against those local bodies/institution including imposition of environmental compensation apart from initiating prosecution and from resorting to other coercive measures provided under the respective statutes in accordance with law.
vi. The Additional Chief Secretary to Municipal Administration and Water Supply Department and Principal Secretary to Government for Rural Development & Panchayat Raj are directed to monitor the implementation of directions and if there is any proposal of the stakeholder departments is pending, then they are directed to take steps to expedite such proposal by providing necessary administrative as well as financial sanction, so that the work should not be stalled due to paucity of funds.15
vii. The Chief Secretary to Government, State of Tamil Nadu is directed to constitute a committee comprising of Additional Chief Secretary to Government for Municipal Administration and Water Supply Department as Chairman, Additional Chief Secretary to Government for Finance or his nominee, Additional Chief Secretary to Government for Water Resources Department, Principal Secretary to Government for Revenue and Disaster Management to monitor the implementation of the directions issued by this Tribunal in respect of implementation of Underground Sewage Scheme and implementation of Solid Waste/Liquid Waste/other Waste Management Rules and directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and various directions issued by this Bench, and other matters relating to protection of water bodies and if there is any gap found, then they are directed to issue necessary directions to the respective stakeholder departments so that they could rectify and resolve the same in an effective manner, so that the directions issued by the Tribunal for protecting water body can be effectively implemented by the respective stakeholders in its letter and spirit. viii. The Chief Secretary to Government, State of Tamil Nadu is also directed to conduct review meetings with the stakeholder departments regarding this aspect and if there is any gap found, then give necessary directions to the concerned departments to expedite the same and if any financial and technical support is required, then he is directed to provide the same at the earliest. ix. The Registry is directed to communicate this order to the official respondents including the Block Development Officer-St. Thomas Mount Panchayat Union, the Commissioner-Tambaram City Municipal Corporation, District Collector of Chengalpattu District, Chairman- Tamil Nadu Pollution Control Board, Director of Rural 16 Development and Panchayat Raj Department, Director of Municipal Administration, Principal Secretary to Government Rural Development & Panchayat Raj, Additional Chief Secretary to Government for Water Resources Department and also to the Chief Secretary to Government, State of Tamil Nadu for their information and compliance of directions.
32. With the above observations and directions, the Original Application is disposed off.
.....Sd/-.............................J.M. (Justice K. Ramakrishnan) Sd/-
....................................E.M. Dr. Satyagopal Korlapati O.A. No. 56 of 2020 (SZ) 02.09.2022, Sr. 17