National Green Tribunal
Babu @ Appun vs The Chief Secretary To Government Of ... on 17 August, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item No.29 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 189/2015(SZ)
Babu @ Appun Vellore Dist. Applicant
Versus
The Chief Secretary to Govt of Tamil Nadu, Chennai
and 5 others Respondent(s)
Date of hearing: 17.08.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE PROF. A SENTHIL VEL, EXPERT MEMBER
Respondent(s): Dr. D. Shanmuganathan, Advocate for R1, R2 & R5.
Dr. D. Shanmuganathan represented Mr. S. Sai Sathya Jith,
Advocates for R3.
ORDER
1. Proceedings in this matter have been taken up at post judgment stage. The matter was disposed of vide judgment dated 21.11.2016 on the issue of compliance of Solid Waste Management Rules, 2000 (now 2016) at Sathuperri and surroundings villages in Vellore District, Tamil Nadu. The Tribunal dealt with the grievance against unlawful dumping of solid waste which adversely affected the ground water. It noted the stand of the Vellore Municipal Corporation proposing remedial action by way of bio- mining of the waste and operating compost yards. The Tribunal held that since ground water was contaminated, the State was under obligation to supply potable water to the affected villages. The Tribunal disposed of the 1 application with direction to complete the project for scientific waste management within next two years and directed filing of compliance reportsevery three months with the Registry.
2. Accordingly, six periodical reports were filed, the last being on 21.06.2018 to the effect that work was yet to be executed for want of funds though some steps have been taken in the matter. The Tribunal accordingly directed submission of a further report by 19.04.2022 with further direction that the order be conveyed to the Municipal Corporation Vellore, State PCB and Additional Chief Secretary, Municipal Administration and Water Supply Department of the State. It was further directed that report be submitted about compliance of directions of this Tribunal in O.A. No. 606/2018 on the issue of solid waste management. However, no report has been filed.
3. Though none appears on behalf of the applicants, we have considered the matter to determine further course of action.
4. We find that the matter was disposed of almost six years back but non compliance of statutory Rules continues. Learned counsel for the State submits that he has not received any instructions from the State and the matter is primarily to be dealt with by the Municipal Corporation, Vellore. Compliance status in the light of last order dated 16.03.2022 passed in the presence of learned counsel for the concerned parties has not been submitted. This state of affairs can hardly be held to be satisfactory and higher authorities in the administration need to remedy the situation for upholding rule of law and protection of environment and public heath which are inalienable State functions. 2
5. The Tribunal also considered the matter of management of solid waste and liquid waste in the State of Tamil Nadu vide order dated 21.07.2022 in O.A. 606/2018 (In respect of State of Tamil Nadu), In re:
Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues in the presence of Chief Secretary, Tamil Nadu, Additional Chief Secretaries, Municipal Administration and Water Supply Department, Environment and Forest Department and other Senior Officers. Considering the gaps in solid waste and sewage management and finding continuing violations, the Tribunal directed change in approach so as to ensure prompt compliance by according high priority to enforce Rule of Law and Constitutional and statutory obligation of the State to the citizens. The observations in the said order are:-
"26. The presentation filed by the Chief Secretary, Tamil Nadu during the hearing shows following data:
SUMMARY OF STATUS
A: Solid Waste Management
Quantity Waste Gap in Quantity of waste No. of Status of Bio-
of waste Processed generation being disposed in Legacy mining
generation (in TPD) and landfills waste
in the Processing (in TPD dump
State (in TPD) sites
(in TPD)
Estimated
14,995 9310 5685 5685* 271 legacy waste:
207 lakh
(Landfill: cubic Meter
Unprocessed) Bio-mining
taken in: 279
locations
Bio-mining
completed:
69, cleared
32 lakh cubic
meter and
360 acres
reclaimed
B): Sewage Management
Quantity Treatment Current Gap Utilization of treated sewage in
of sewage capacity in in treatment
generation MLD (MLD) Agriculture/ Industrial Any other purpose
in the Horticulture purpose
State purpose
(in MLD)
3
4,001.02 2519.54 1,485 43.32 115 332.35
Our Observations about way forward
27. It is seen from the data presented by the Chief Secretary and the conclusion of the State level monitoring Committee that there are still huge gaps in management of solid as well as liquid waste.
28. In solid waste management, there is a gap of 5685 TPD. Waste processing facilities are inadequate. Compost produced at individual and community level and its usage and linkages of MCFs with end users/processors need to be monitored. Timelines for compliance beyond statutory outer limit need to be squeezed to respect the statutory mandate and directions of the Hon'ble Supreme Court, this Tribunal. With regard to liquid waste management, the gap in treatment is reported to be 1,485 MLD. Distinction between urban and rural waste and their treatment has to have definite execution plan. Septic tanks and Soak pits systems need to safeguard ground water safety, particularly in rural areas.
29. Till this gap is bridged, unprocessed solid waste and untreated liquid waste will continue to remain source of degradation of environment and damage to public health, including deaths and diseases which the society can ill afford. Hence the urgency of the situation for good governance ensuring emergent measures in public interest to protect the environment and public health and discharge of Constitutional obligation.
30. It is a matter of concern that even after 48 years of enactment of Water (Prevention and Control of Pollution) Act, 1974 and expiry of timelines for taking necessary steps for solid waste management in terms of Solid Waste Management Rules, 2016 and binding direction in the judgment of the Hon'ble Supreme Court and this Tribunal in Almitra H. Patel vs. Union of India & Ors. and Paryavaran Suraksha vs. Union of India, supra, huge gaps still exist. Are there insurmountable difficulties for State authorities or lack of will and determination? We find it difficult to believe the first. In our view, it is lack of good governance and determination responsible for the situation which needs to be remedied soonest.
31. We have suggested change in approach in realizing that remedial action cannot wait for indefinite period as is being proposed by the Administration. Sources of funding are laid down in the orders of the Hon'ble Supreme Court.
Responsibility of the State is to have comprehensive plan to control pollution which is its absolute liability, which is not being understood. If there is deficit in budgetary allocations, it is for the State and state alone to have suitable planning by reducing cost or augmenting resources. By way of suggestion, one may consider harnessing traditional knowledge and community involvement. People must be involved in the problem by appropriate awareness and strategies to encourage public participation and contribution.4
At the cost of repetition, health issues cannot be deferred to long future. Long future dates which, breach of which is established from the track record of last several decades, is not convincing solution. There is no accountability for the past breaches. It is poor substitute for compliance. This approach may project lack of concern or not realizing the grim ground situation crying for emergent remedial measures on priority. There is no time for leisure, reflected in timelines proposed for bridging the acknowledged gaps. Claimed success by some local bodies in setting up waste processing plants and harnessing benefits of bio-CNG/power energy1 may need to be looked into and if found useful the same need to be followed with suitable modifications.
32. It is the mindset and determination to act in a mission mode which can produce results.
33. Segregation of the solid waste at source and its earliest processing nearest to the point of generation with defined destination is imperative. In particular, adequate compositing/vermicomposting/bio-methanation centers need to be set up and upgraded nearest to the source of generation of wet solid waste, listing people's involvement. Waste generators can themselves be required to process the waste under guidance and handholding by the Administration, with the assistance of identified empaneled service providers. This may perhaps reduce planned expenditure.
34. Similarly, sewage can be required to be processed by conventional cost-effective methods atleast at several identified locations with least expenses. Decentralized treatment plants can be explored, apart from imposing condition of ZLD on industries, group housing societies etc. Reduced load can be processed partly with the help of water using commercial establishments requiring water for their processes enforcing consent conditions in CTEs and CTOs whereby State's financial burden can be reduced. Such establishments include malls, industrial estates, automobile establishments, power plants etc. Treated water can also be used by playgrounds, railways, bus stands, local bodies, universities etc. to save potable water for drinking. The treated sewage can be utilized for industrial/agricultural/other non-drinking uses like washing railway wagons/yards, buses, roads, water sprinkling. Several such models reportedly exist2.1
Indore's Waste to Energy model leads the world, 72 countries set to follow! : https://www.financialexpress.com/lifestyle/indores-waste-to-energy-model-leads-the-world- 72-countries-set-to-follow/1695816/ India's cleanest city Indore turns waste into bio-CNG, money : https://energy.economictimes.indiatimes.com/amp/news/oil-and-gas/indias-cleanest-city- indore-turns-waste-into-bio-cng-money/87826232 2 https://www.newindianexpress.com/cities/chennai/2019/jul/31/chennai-industries-to-now- use-treated-sewage-water-2011837.html https://timesofindia.indiatimes.com/city/surat/surat-water-reuse-model-goes- global/articleshow/85668103.cms https://www.aninews.in/news/national/general-news/surat-generating-massive-revenue-by- selling-treated-water-to-industries20201217051127/ https://swachhindia.ndtv.com/surat-generating-massive-revenue-by-selling-treated-water-of- river-tapi-to-industries-54411/ 5
35. Thus, it may be necessary to brain storm with available experts and other stake holders in the State at different levels, evolve models which can be fast replicated, initiate special campaigns with community/media involvement in the larger interest of protecting environment and public health with determination for prompt action. Such brain storming sessions may enable capacity enhancement of the regulators and the processes. Campaigns and community involvement may result in reducing the financial and administrative load on the administration.
36. Compliance of environmental norms on the subject of waste management has to be on high on priority. Tribunal has come across cases of serious neglect and continuing damage to the environment in absence of inadequate steps for treatment of solid and liquid waste.3 We are of the view that https://m.timesofindia.com/city/ahmedabad/amc-offers-rs43/kl-treated-wastewater-for- industries/amp_articleshow/87169850.cmshttps://theprint.in/india/governance/nagpur-to- become-the-first-indian-city-to-treat-and-reuse-90-of-its-sewage/180493/ https://www.business-standard.com/content/press-releases-ani/india-s-1st-and-largest-ppp- on-waste-water-reuse-completed-in-record-time-during-pandemic-bags-ficci-water-award-2020- 121022500841_1.html https://mpcb.gov.in/sites/default/files/focus-area-reports- documents/NMC_%26_KTPS_success_story_28052019.pdf https://cpcb.nic.in/success-stories/upload/1501156301.pdf http://cpheeo.gov.in/upload/uploadfiles/files/engineering_chapter7.pdf 3
(i) OA No. 37 of 2012 (SZ), S.P. Surendranath Karthik vs. The Chairman, Pallavaram Municipality Ors. dated 07.12.2021 relating to solid waste management, Pallavaram Municipality.
(ii) OA No. 61 of 2020 (SZ), S.P. Surendranath Karthik vs. The Secretary, Indian Railway Welfare Organisation and others. Order dated 26.05.2022 relating to pollution of Ambattur Lake.
(iii) OA No. 107 of 2021 (SZ), S.M. Sivan, Silver Cloud Estates, Nilgiris vs. The Government of Tamil Nadu, Rep by its Secretary to Government, Department of Environment & Forest, Chennai and Others. Order dated 08.12.2021 relating to relocate and shift the dumping garbage yard.
(iv) OA No. 134 of 2021 (SZ), Solomon Raja, Chrompet, Chennai vs. The District Collector, Chengalpet & ors. order dated 13.07.2022 relating to drainage system, Veeraraghavan Lake.
(v) OA No. 11 of 2022 (SZ), C. Sengodan S/o. Chinnapan 4/5/5A Keel Chinnagoundampatti, New 26th Ward, Tharamangalam Municipality Salem District and Anr. vs. The Principal Secretary to Government of Tamil Nadu, Department of Environment & Forest and Climate Change, Secretariat, Chennai and Ors., order dated 22.03.2022 relating to use of burial ground for waste management facility.
(vi) OA No. 25 of 2022 (SZ), M. Sundaramurthy, Chennai vs. The Principal Secretary, Department of Environment, Forest and Climate Change &Ors., order dated 15.03.2022 relating to discharge of untreated sewage from building complexes.
(vii) OA No. 48 of 2022 (SZ), Meiyyappan, Chengalpattu vs. The District Collector, Chengalpattu & ors., order dated 26.04.2022 relating to dumping of waste into the backwater and graveyard of Padur Panchayat in the Muttukadu backwater estuaries.
(viii) OA No. 02 of 2020 (SZ), Tribunal on its own motion Suo Motu based on the News Item in Dinamalar Tamil Newspaper, "Velachery lake-full due to Monsoon" Plea for preventing sewage waste get mixed in the lake vs. The Government of Tamil Nadu and others, order dated 07.07.2022 relating to pollution of Velachery lake.
(ix) OA No. 33 of 2020 (SZ), Tribunal on its own motion Suo Motu based on the news item in Dinamalar Chennai newspaper dated10.02.2020, "Stagnation of Drainage Water in Velachery, Veerangal Canal - People suffer from Respiratory Problem" vs. The District Collector, Chennai District, District Collectorate Office, No.62, Rajaji Salai, 4th Floor, Chennai and Ors., order dated 07.03.2022 relating to pollution of Veerangal Canal.6
issues have been identified and monitored by the Tribunal for a long time. It is high time that the State realizes its duty to law and to citizens and adopts further monitoring at its own level.
37. We hope in the light of interaction with the Chief Secretary, Tamil Nadu will take further measures in the matter by innovative approach, stringent monitoring at appropriate level, including at the level of the District Magistrates (who execute the District Environment Plans) and the Chief Secretary, ensuring that the gap in waste generation and treatment is bridged at the earliest, shortening the proposed timelines, adopting alternative/interim measures to the extent and wherever found viable.
The Chief Secretary may consider designating a Senior Nodal Officer at the rank of ACS to regularly assess the progress in bridging the gaps in sewage and solid waste management and establishing stock taking at district level. Existing and upcoming STPs need to have linkages with industries and other bulk users including Agriculture/horticulture for using treated sewage. Legacy waste sites need to be remediated and reclaimed areas utilized for setting up of waste processing plants so to process day-to-day waste generation. More and more green belts/dense forests need to be set up to mitigate adverse impact of waste. Based on the gained experience, standardized processing and treatment methodologies be replicated for areas of other Corporations, Municipalities and Panchayats.
Laid down statutory norms need to be complied as per prescribed timelines and directions in the judgments of Hon'ble Supreme Court and this Tribunal, including directions in orders dated 25.4.2019, 28.2.2020 and 14.12.2020 and other orders in individual cases. In the light of observations in paras 13,18 and 21 above, accountability be fixed for erring officers and compensation collected and utilised, as already directed."
(x) OA No. 40 of 2020 (SZ), Tribunal on its own motion Suo Motu initiated proceedings based on the News item published in The Time of India, Chennai edition dt.17.02.2020 under the caption "Sewage flows into surplus channel in Kovilambakkam" vs. The District Collector, Chengalpattu District and Ors. order dated 08.07.2022 relating to pollution of Medavakkam, Keezhkattalai and Narayanapuram Lakes.
(xi) OA No. 70 of 2021 (SZ), Tribunal on its own motion SUO MOTU based on the News item in Dinamalar Newspaper, Chennai Edition dated 05.02.2021, "Sewage water flows in Tirukazhukundram: Underground sewerage is needed" with The Principal Secretary to Government, Public Works Department, Chennai and others, order dated 31.01.2022 relating to lack of sewage system, Tirukazhukundram.
(xii) OA No. 171 of 2021 (SZ), Tribunal on its own motion Suo motu based on the News item Published in the New Sunday Express News paper Edition dated 11.07.2021 Under the caption : Illegal diversion of sewage Into storm water drains continues." Vs. The Chief Secretary, Govt of Tamil Nadu and Ors., order dated 23.03.2022 relating to sewage into storm water drains.
(xiii) OA No. 01 of 2017(SZ), R.L. Srinivasan, Chennai vs. Union of India and Ors. order dated 20.07.2022 relating to construction of roads in Buckhingam Canal and Kosasthalaiyar river.
7
6. It is seen from the above narrative that inspite of repeated orders of this Tribunal in the last ten years, the situation continues to be far from satisfactory. Continued failure of the Municipal Corporation in performing its constitutional and statutory duties, to the detriment of rule of law and right of Citizens to clean environment is resulting in deterioration of health and safety of citizens which is expected to be a matter of concern of all the authorities. As already noted, protection of environment is inalienable duty of the State which does not appear to be realised. Thus, prompt and stringent action is necessary to remedy the situation in a time bound manner with the involvement of authorities at higher level.
7. Accordingly, in the light of judgment dated 21.11.2016 disposing of the OA and recent order dated 21.07.2022 in O.A. No. 606/2018 in respect of the entire State of Tamil Nadu, in the presence of the Chief Secretary, Tamil Nadu, Additional Chief Secretaries, Municipal Administration and Water Supply Department, Environment and Forest Department and other Senior Officers, further remedial measures need to be taken and monitored in time bound manner. Vellore Municipal Corporation may ensure that MRF/Micro-composting centres of adequate capacity are set up taking estimated waste generation into account. Puthur site must be made functional and waste at Sathuperri completely processed/bio-mined.
8. We hope the Chief Secretary, Tamil Nadu will take necessary oversight measures in terms of the directions already issued, including coercive action for non-compliance,if required. 8
The proceedings will accordinglystand closed.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM Arun Kumar Tyagi, JM Dr. Satyagopal Korlapati, EM Prof. A. Senthil Vel, EM August 17, 2022 Original Application No. 189/2015(SZ) A 9