National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 5 August, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.1 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 90 of 2020 (SZ)
(through video conference)
IN THE MATTER OF:
Tribunal on its own motion SUO MOTU
Based on the News Item in the Dinamalar
Chennai edition dated 24.06.2020, "When will there be a
New dawn for Kadapperi Lake"?
And
The Principal Secretary to Government,
Public Works Department,
Chennai- 600 009. ..Respondent(s)
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2, R3 & R5.
Mr. S. Sai Sathya Jith for R4.
Mr. R. Purushothaman represented
Mr. P. Srinivas for R6
Judgment Pronounced on: 05th August, 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
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.
Justice K. Ramakrishnan, JM Dr. Satyagopal Korlapati, EM O.A. No.90/2020 (SZ) 05.08.2022, Sr. Item No.1 Court No. 1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 90 of 2020 (SZ) (through video conference) IN THE MATTER OF:
Tribunal on its own motion SUO MOTU Based on the News Item in the Dinamalar Chennai edition dated 24.06.2020, "When will there be a New dawn for Kadapperi Lake"?
And
1. The Principal Secretary to Government of Tamil Nadu Public Works Department, Chennai- 600 009.
2. The Secretary to Government of Tamil Nadu, Department of Environment, Government Secretariat, Fort St. George Chennai, Tamil Nadu - 600 009.
3. Additional Chief Secretary to Govt. of Tamil Nadu, Municipal Administration and Water Supply Department, Government Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
4. The Chairman, Tamil Nadu Pollution control Board, No.76, Anna Salai, Guindy, Chennai, Tamil Nadu - 600 032.
5. The District Collector, Chengalpattu District, Collector Office, GST Road, Chengalpattu- 603 001.
6. Tambaram Municipality, Rep. by its Municipal Commissioner, 28, Muthuranga Mudali Steet, Tambaram West, Chennai - 600 045. ...Respondent(s) Judgment Reserved on: 27th July, 2022.
Judgment Pronounced on: 05th August, 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/No Whether the Judgment is to be published in the All India NGT Reporter - Yes/No For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2, R3 & R5.
Mr. S. Sai Sathya Jith for R4.
Mr. R. Purushothaman represented Mr. P. Srinivas for R6 JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. The above was Suo Motu registered by this Tribunal on the basis of the newspaper report published in „Dinamalar‟ - News paper Chennai edition dated 24.06.2020 under the caption "flg;Ngup Vupf;F tpbT fpilg;gJ vg;NghJ?" (When will there be a new dawn for Kadapperi Lake?).
2. It was alleged in the newspaper report that there was a proposal for rejuvenating and maintaining the Kadapperi Lake in West Tambaram by the official respondents including the Public Works Department and the Tambaram Municipality. But later the work was stopped in the mid way which resulted in the lake being further polluted.
3. The lake is also known as Potheri Lake according to Government Documents.
The lake was originally having an extent of 65 acres which has been reduced to 40 acres due to encroachment. Due to mixing of sewage and dumping of plastic wastes, the colour of the water has turned green. The Public Works Department was showing their blind eyes towards the restoration of Kadapperi Lake, though such requests were made in this regard from the Residents Association. Some steps were taken for the purpose of plugging the sewage into the lake and some amounts were allotted for the purpose of the beautification of the lake. But the work has not been continued and it was stopped in the half-way during the North-east monsoon of 2019. Earlier certain steps were taken to remove the garbage deposited there and a proposal was also submitted by the Tambaram Municipality for desilting of the lake at an estimate of Rs. 3.5 crores to the office of the Commissioner for Municipal Administration and that was pending.
4. The sewage from the Tambaram Municipal area and Tambaram Railway Colony is being discharged into the water body and that is being mixed with the water into the lake and that has caused heavy foul and pungent smell was emanating from the lake resembling Cooum, which deters people from going to the lake.
5. Ongoing through the allegations made in the newspaper report and also considering the observations made by the Hon‟ble Apex Court and various High Courts including Hon‟ble High Court of Madras and this Tribunal about the responsibility of the State machineries to protect environment including water bodies as mandated under Article 48(A) of the Constitution of India and also being satisfied that there arose a substantial question of environment which required the interference of this Tribunal, by order dated 13.06.2020, this Tribunal admitted the matter and appointed a Joint Committee comprising of (1) Senior Officer from Ministry of Environment, Forests and Climate Change (MoEF&CC), Regional Office, Chennai (2) District Collector, Chengalpattu District (3) the Superintending Engineer, Public Works Department and Water Resources Organisation who is in charge of that water body (4) the Commissioner, then Tambaram Municipality now, Tambaram City Municipal Corporation, and (5) a Senior Officer from Tamil Nadu Pollution Control Board of that locality as deputed by the Chairman, the Tamil Nadu Pollution Control Board to inspect the lake in question and submit the factual and action taken report, if there is any violation found including unauthorised trespass, discharge of untreated sewage and dumping of waste etc., and if the water quality was affected then the committee was directed to:
i. Assess the damage caused to environment and also assess the environmental compensation and the persons responsible to pay the same.
ii. To prepare an action plan of long term as well as short term with shorter time line for the steps to be taken for protecting the water body against trespass and pollution and restore the water body to its original position.
iii. If any maintenance work was required, then the 6th respondent/Tambaram Municipality was directed to take necessary steps to maintain the water body before the monsoon so that the water storage capacity of the lake can be increased.
6. The Public Works Department, Water Resources Organisation was designated as nodal agency for co-ordination and for providing all necessary logistics for this purpose.
7. The matter has been adjourned from time to time for getting the report. The matter was taken up on 04.02.2021 and on that day, this Tribunal had considered the report submitted by the Executive Engineer, Water Resources Department, Lower Palar Basin Division, Kancheepuram District dated Nil, e- filed on 04.02.2021 and extracted in Para (4) of the order, after considering the report, this Tribunal had passed the following order:-
"5. It is mentioned in the report that in order to ascertain the encroachments, survey has to be conducted and proper notice has to be issued and only after following the procedure provided under the Tamil Nadu Protection of Tank and Eviction of Encroachments Act and Rules, 2007 action can be taken. Further, the Pollution Control Board has to take water samples from the lake so as to ascertain as to whether water has been contaminated. As regards restoration and rehabilitation of water bodies under the control of WRD, there were proposals under Comprehensive Flood Mitigation Project at an estimated cost of Rs.2,000 Crores for which detailed project report has been sent to the government and it is under the consideration of the government and they wanted further time for submission of the joint committee report. The reason stated for the delay was Covid - 19 situation in the State. However, considering the circumstances, we feel that some more time can be granted to the committee to complete the exercise and submit the report.
6. The Pollution Control Board is also having statutory responsibility independently as a regulator to see whether the Solid Waste Management Rules, 2016 which include the management of liquid waste under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 as to whether there is any contamination to the water quality of the lake and if so, trace out the persons responsible for the same and take action in accordance with law. But so far no such report has been filed by the Pollution Control Board as well. So under these circumstances, we feel that some more time can be granted to the Pollution Control Board as well as the Joint Committee to submit the respective reports. Tambaram Municipality is also directed to submit their action taken report regarding the solution for the grievance raised in the newspaper report regarding the discharge of untreated sewage into the lake, causing water contamination before the next hearing date. They are directed to submit their respective reports to this Tribunal on or before 10.3.2021 through e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules. If the work is not completed, they are expected to file at least an interim report regarding the nature of work done by them in order to ascertain the things as directed by this Tribunal before the next hearing date. They are not expected to come with vague report without specifying any comprehensive action taken on ground pursuant to the directions given by this Tribunal so as to implement the directions of this Tribunal.
7. The Registry is directed to communicate this order to the members of the committee and the official respondents and also the Chief Secretary, State of Tamil Nadu through e- mail immediately for compliance of the directions of this Tribunal.
8. The matter was taken up on 10.03.2021 and on that day, this Tribunal had permitted „Kadaperi Pasumai Padhukapu Nala Sangam‟ to intervene in the matter and assist the Tribunal as per order in I.A. No. 100 of 2020 (SZ). This Tribunal also considered the Joint Committee report dated Nil, e-filed on 04.03.2021 and extracted in Para (10) of the order which reads as follows:-
Compliance of the direction:
In due compliance of the Tribunal, surface water samples from the Kadapperi Lake in Tambaram was collected on 30.9.2020 so as to ascertain the present water quality in the said water body.
Statement showing the value of the physic chemical parameters analyzed pH @ 250 C no 7.88 5.5-9 Total suspended solids Mg/L 67 100 Total dissolved Solids 1109 2100 BOD 23 30 COD 160 250 CU <0.033 3 Zn 0.25 1 Cd <0.05 2 Lead <0.07 2 Ni <0.05 3 Total chromium <0.01 2 8 9 10
9. This Tribunal also considered the report submitted by then 6 th respondent, namely, then, Tambaram Municipality, now Tambaram City Municipal Corporation dated 09.03.2021, e-filed on the same date and extracted in Para (11) of the order, thereafter, this Tribunal had passed the following order:-
"12. It is seen from the Joint Committee Report that certain things will have to be done by each department, including conducting further survey to identify the exact number of encroachments and taking steps to remove the same. They have not mentioned the specific time line within which the action will have to be taken. The Tambaram Municipality though gave short term and long term measures in their report, they have not mentioned within what time they will complete the same. Even as per the provisions of the Solid Waste Management Rules, 11 2016, they are expected to implement the same in its letter and spirit within the time frame provided under the Rules itself and most of the time line provided in that Rule has already expired.
As regards long term measures also, they have not mentioned how much time they require for the implementation of the underground sewage system etc Further, the Principal Bench of the National Green Tribunal in O.A.No.606/2018 has taken cognizance of the implementation of the Solid Waste Management Rules, 2016 in PAN India basis and regular directions are being given for the implementation of the same and directions have already been issued to take action against those local bodies which are not complying with the direction. Inspite of this, the implementation of the Solid Waste Management Rules, 2016 in the local bodies is moving at a snail‟s pace.
14. So under these circumstances, we feel that the Committee as well as the Municipality and the respective departments are directed to come with specific time line within which these things will be implemented and how this will have to be carried out by the inter-departmental coordination to remove the encroachment and protecting and cleaning the water body etc.
15. So under these circumstances, the Committee, District Collector, Chengalpattu District, Public Works Department and the Pollution Control Board, Tambaram Municipality are directed to come with independent status report and action taken report from their side to resolve the issue permanently within a shorter time line and if there is any violation found, what is the nature of action taken by them departmentally which they are expected to take against the violators and regarding the implementation of the Solid Waste Management Rules, 2016 in that area and also the compliance of the directions issued by the Principal Bench in O.A.606/2018 on or before 22.4.2021 by e- filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced asper Rules.
16. The Registry is directed to communicate this order to the Members of the Committee, Pollution Control Board, Public Works Department, Tambaram Municipality, Chief Secretary, Government of Tamil Nadu, Secretary to Government, Local Administration Department, Secretary to Government, Public Works Department, Secretary to Government, Irrigation Department and Secretary to Government, Revenue Department for their information and compliance of the directions.
10. The matter was taken up on 08.02.2022 and on that day, this Tribunal had considered the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 02.09.2021, e-filed on 06.09.2021 and extracted in Para (3) of the order which reads as follows:-
1, 2 XXXXXX 12 13 14
11. Thereafter, this Tribunal had passed the following order:-
"4. Thereafter, no further action taken reports were filed either by the then Tambaram Municipality or the present Tambaram Municipal Corporation orthe Pollution Control Board and other respondents who are expected to file the reports.
5. It may be mentioned here that recently Tambaram Municipality has been upgraded to Tambaram Municipal Corporation. We feel that the Commissioner, Tambaram Municipal Corporation has to be impleaded. So we suo motu implead them as additional 7th respondent.
6. The Registry is directed to carry out the amendment in the cause title and communicate this order to the Commissioner, Tambaram Municipal Corporation as there is no necessity to forward the documents and orders as it is being handled by their predecessors, namely, Commissioner, Tambaram Municipality and they were well aware of the pendency of the case and the progress of the case well.
7. Though, it was mentioned that there are certain long term and short term measures have been suggested which are to be carried out by the then Tambaram Municipality/present Tambaram Municipal Corporation, what is the nature of progress done by them has not been forthcoming. Further if there are any encroachments into the water bodies and whether any steps have been taken for removal of the same from the water bodies and what is the nature of steps taken to protect the water bodies against future encroachments etc were also not mentioned in the report. This aspect has been reiterated in the Para 5 of the order 15 dated 10.03.2021. So, we direct the Water Resources Department, who is in charge of this Water body and the Joint Committee to file a further report regarding the progress and the improvement happened after filing their earlier report as undertaken by several departments and what is the nature of further direction, if any, to be given to implement the same in its letter and spirit with shorter time line to protect the water body from pollution and encroachments.
8. The District Collector is also directed to file an independent report regarding the steps taken by the District Administration for removal of encroachmentsand protecting the water bodies from their side.
9. Considering the fact that elections have been declared for Urban Local Bodies, we feel that some time can be granted to them for filing the reports as directed. The Joint Committee and the respective officials are directed to file their respective reports to this Tribunal on or before 31.03.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
10. The Commissioner Municipal Administration, Additional Chief Secretary to Government, Municipal Administration and Water Supply and the Chief Secretary are directed to look into the issue as similar issues were brought to their notices for non-implementation of the directions issued by this Tribunal to resolve the issue permanently in several similar matters which are pending before this Tribunal and it requires immediate attention of the above Senior level officials to resolve the issue permanently. They are also directed to file their independent reports regarding the action taken from their side to resolve the issue before the next hearing date, namely, 31.03.2022.
11. The Registry is directed to communicate this order to the members of the Joint Committee and official respondents including the District Collector, the Commissioner Municipal Administration, Additional Chief Secretary to Government Municipal Administration and Water Supply and the Chief Secretary for their information and compliance of the directions.
12. Thereafter the matter has been adjourned from time to time by successive notifications and the matter was taken up on 15.07.2022 and on that day, this Tribunal had considered the report submitted by the Commissioner, Tambaram City Municipal Corporation who has been impleaded as 7 th respondent dated 25.04.2022, e-filed on 28.04.2022 which reads as follows:-
1 XXXX 16 17
13. This Tribunal also received a report submitted by the Water Resources Department and the District Collector, Chengalpattu District signed by the some of the member on 20.07.2022 and e-filed on 21.07.2022 which reads as follows:-18
14. It is seen from the report that there are some encroachments and the steps are being taken for evicting them under the provisions of Tamil Nadu Protection of Tank and Eviction of Encroachment Act, 2007 and rules made there under. But it is not mentioned as how much time it will take for them to evict the encroachment and restore the water body.
15. It is also seen from the report submitted by the Tamil Nadu Pollution Control Board that untreated sewage is being let into the drain which ultimately reaches the water body, apart from the Municipal Corporation, M/s. Metropolitan Transport Corporation (Chennai) Limited, Tambaram Depot, Kadapperi Village, Tambaram Taluk and Chengapattu District and M/s. Tamil Nadu State Transport Corporation (TNSTC) Villupuram Limited Tambaram Depot, Kadapperi Village, Tambaram Taluk and Chengalpattu District were also discharging the untreated sewage and trade effluents into the storm water drain and they are not recycling and reusing the same for their purposes.
16. The Tamil Nadu Pollution Control Board had issued certain directions to M/s. Tambaram Municipality Common STP, Tambaram Village, Tambaram Taluk and Chengalpattu District, M/s. Tamil Nadu State Transport Corporation (TNSTC) Villupuram Limited Tambaram Depot, Kadapperi Village, Tambaram Taluk, Chengalpattu District, M/s.
Metropolitan Transport Corporation (Chennai) Limited, Tambaram Depot, Kadapperi Village, Tambaram Taluk, Chengalpattu District and also then Tambaram Municipality, now Tambaram City Municipal Corporation to take steps to plug the illegal sewage connection and take steps to avoid discharge of sewage into the water body.
17. It is seen from the report submitted by the Tambaram City Municipal Corporation that they have almost completed the Underground Sewage System and house connections will be completed by 31.07.2022 and it is for the Public Works Department to take action for removal of encroachment.
18. The Special Bench while considering the pollution caused to Pallavaram Periya Eri within the jurisdiction of Tambaram City Municipal Corporation in O. A. No. 37 of 2012 S.P. Surendranath Karthik Vs. Chairman, Pallavaram Municipality and others by order dated 19 27.07.2022 issued certain directions including the Chief Secretary to Government, the District Magistrate, Chengalpattu District and the Municipal Corporation to take appropriate steps to protect the water body.
19. Further, in O.A. No. 606 of 2018 in the matter relating to implementation of Solid Waste Management Rules, 2016, the Principal Bench vide order dated 21.07.2022 in respect of implementation of the rules in State of Tamil Nadu after reiterating the various orders passed and the responsibility of the State to protect the water bodies directed the Chief Secretary to Government to form a special committee and consider designating a Senior Nodal Officer in the rank of Additional Chief Secretary to regularly assess the progress in implementation of Solid Waste Management Rules, 2016 and Liquid Waste Management and protection of water bodies, disposed of the matters observing that it is not possible for the Tribunal to supervise the implementation of the rules and supervise the discharge of statutory functions by the statutory functions as well. The same has been reiterated by the Special Bench in Zion Nagar Plot Owners Welfare Association Vs. Tamil Nadu State Pollution Control Board and others connected matters in O.A. No. 90 of 2015 and O.A. No. 104 of 2016 by order dated 27.04.2022 when dealing with dumping of garbage in Nandhivaram Lake in Guduvancherry, Chengalpattu District and also in O.A. No. 208 of 2017 John Weslay and Ors. Vs. SEIAA, Chennai, Rep by its Director and Member Secretary and Ors. in respect of operation of Solid Waste Management facility in Vengadamangalam, Mepakkottaiyur Post, Chengalpattu District that was also disposed of by giving some direction.
20. It is reiterated by the Hon‟ble Apex Court, by various High Courts including Hon‟ble High Court of Madras and this Tribunal dealing with encroachment into the water body, the responsibility of the State machinery to protect the water body against pollution and encroachment as mandated under Article 48(A) of the Constitution of India. Further in one of the decisions, the Hon‟ble Apex Court observed that merely a water body has become disused on account of the non maintenance of water bodies by the local bodies and the authorities, it will not lose its 20 character as water body and still there is a responsibility of the State machinery including the local bodies to protect the water body rejuvenate the same and it cannot be used for any other purposes.
21. It is for the State machineries to provide all necessary mechanism to protect the water bodies against pollution and encroachment as water bodies play a great role in protecting environment not only act as water storage reservoir, but also act as a natural rain water harvesting system and ground water recharge system in that area apart from acting as a flood mitigation mechanism to prevent flooding in the neighbouring areas during monsoon season. If it is not properly maintained, then there is a possibility of flood, to occur excess rain water will flow to nearby areas and that can result in inundation of places causing hardships to the people.
22. It is highly necessary for the State machinery to take appropriate steps under the flood mitigation schemes to protect the water bodies against encroachment, to carry out necessary periodical maintenance by de - silting and strengthening bunds and also increasing the water storing capacity by deepening the same, so that the problem of flood in those areas can be to some extent mitigated and remedied.
23. So under such circumstances, we feel that instead of keeping the case, the application can be disposed of by giving following directions:-
(i) The Commissioner, now Tambaram City Municipal Corporation (then Tambaram Municipality) is directed to implement the Solid Waste Management/Liquid Waste Management within their jurisdiction and take all steps to implement the Solid Waste Management Rules, 2016 and complete the Underground Sewerage Scheme and establishment of Sewerage Treatment Plants, so as to avoid discharge of untreated sewage into the storm water drain which ultimately reaches the Kadapperi lake to save the lake against pollution.
(ii) The Commissioner, Tambaram City Municipal Corporation is also directed to take appropriate steps to upgrade and revamp the STP, if it is required, so as to meet the standard of treated water, before it is being discharged into the water bodies in conformity of 21 the norms provided by the Tamil Nadu Pollution Control Board.
(iii) The District Collector, Chengalpattu District in coordination with the Water Resources Department is directed to take appropriate steps to survey the lake area on the basis of the original revenue records and identify the encroachments and take steps to remove the encroachments in accordance with law and thereafter, take steps to protect the water body against pollution and encroachment by providing necessary protective mechanism by creating bio-fencing, tree cover or other methods by strengthening the bunds and providing walk ways etc., and if possible to establish biological diversity park around the lake area without affecting the water spread area of the lake and this will be subject to the directions already issued or to be issued by the Hon‟ble High Court of Madras in pending matters relating to the removal of encroachment and restoration of water bodies in the State of Tamil Nadu.
(iv) The Tamil Nadu Pollution Control Board is directed to monitor the implementation of Solid Waste Management Rules, 2016, Liquid Waste Management and the implementation of the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and other related matters in respect of similar issues and if there is any violation or non-
compliance found, then they are directed to take appropriate action against the Tambaram City Municipal Corporation and other persons/ institutions responsible for such violation including imposition of environmental compensation and other coercive measures as provided under the respective statutes in accordance with law.
(v)
(vi) The Chief Secretary to Government, State of Tamil Nadu is 22 directed to constitute a committee consisting of the Additional Chief Secretary to Government for Municipal Administration and Water Supply Department as Chairman, Additional Chief Secretary to Government for Water Resources Department, the Additional Chief Secretary to Government for Finance Department or his nominee and also the Principal Secretary to Government for Revenue and Disaster Management, Director of Municipal Administration to monitor the implementation of the directions of this Tribunal in several cases including this case in respect of implementation of Solid Waste Management/Liquid Waste Management and Other Waste Management, protection of water bodies against the encroachment and pollution and rejuvenating the same after removing encroachment and if there are any proposals pending from the stakeholder department in respect of the same, they are directed to expedite the same by providing necessary administrative as well as financial sanction, so as to enable them to implement the same in an effective manner and no schemes should be stalled on account of paucity of funds thereby take proactive role in protecting environment which is a constitutional obligation of the State mandated under Article 48(A) of the Constitution of India.
(vii)
(viii) The Registry is directed to communicate this order to the official respondents and also to the 23
24. With the above observations and directions, the Original Application is disposed of .......................................J.M. (Justice K. Ramakrishnan) Sd/-
.........................................E.M. (Dr. Satya Gopal Korlapati) O.A. No.90/2020, Sr. 24