National Green Tribunal
Tmt.Muniyammal vs The Member Secretary Tamilnadu ... on 28 October, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.5:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.36 of 2020 (SZ) &
I.A. No.15 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tmt. Muniyammal,
W/o. Thiru. Venkappan,
Mariyamman Koil Street,
Kalambur, Polur Taluk,
Thiruvanamalai District.
...Applicant(s)
Versus
1) The Member Secretary,
Tamil Nadu Pollution Control Board,
Guindy, Chennai - 600 032.
2) The Secretary to Government,
Rural Development and Panchayat Raj Department,
Fort St. George, Secretariat,
Chennai - 600 009.
3) The Director of Town Panchayat,
Kuralagam, Chennai - 600 108.
4) The District Collector,
Thiruvanamalai District.
5) The District Revenue Officer,
Thiruvanamalai,
Thiruvanamalai District.
6) The Tahsildar,
Polur Taluk, Thiruvanamalai District.
7) The Block Development Officer,
Polur Taluk,
Thiruvanamalai District.
8) The Executive Officer,
Kalambur Town Panchayat,
Polur Taluk, Thiruvanamalai District.
...Respondent(s)
[1]
Date of Judgment: 28th October, 2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER For Applicant(s): Sri. B. Gopala Krishnan.
For Respondent(s): Sri. C. Kasirajan through M/s. Meeana for R1.
Sri. Mani Gopi for R2 to R8.
JUDMGNET
1. The grievance in this application was that the respondents 7 & 8 were taking steps to convert the pond into sewage collection tank and for that purpose they were cutting canals and channels. According to the applicant, this pond water is being used by the village people for drinking purpose and it is also used for agricultural purpose as well. If this is permitted, it is likely to affect the water quality in the pond and indirectly affect the health of the people.
2. So the applicant filed this application seeking the following reliefs:-
"It is therefore respectfully prayed that this Hon‟ble Tribunal may be pleased to direct the respondents to take suitable action on the applicant‟s representation dated 06.12.2019 and thereby direct the respondents not to connect the drainage line in the pond situated at Survey No.1184/2, Kalambur Village, Polur Taluk, Thiruvannamalai District by constructing the canal or any other mode and to restore the pond in its original condition and maintain the same pass such further or other order it may be deem fit and proper in the above circumstances of the end of this render justice."[2]
3. As per order dated 19.02.2020, this Tribunal had constituted a Joint Committee comprising of the District Collector, Thiruvannamalai District and the Tamil Nadu Pollution Control Board (TNPCB) to inspect the area in question and submit a status report regarding the allegations made in the application as to whether any steps are being taken by the respondents 7 & 8 to convert the pond which is being used for drinking purpose by the village people to connect the sewage and we also directed the committee to test the water quality from the pond as well as in the neighbouring wells and submit a report including the action to be taken against the authorities, if there was any violation found.
4. The Joint Committee had filed a report dated 20.03.2020 which reads as follows:-
"Joint Committee Status Report as per the Hon‟ble NGT direction in the O.A.No.36 of 2020 (SZ) filed by Tmt. Muniyammal.
Tmt. Muniyammal W/o. Thiru. Venkappan, Msariyamman Koil Street, Kalambur, Polur Taluk, Tiruvannamalai District has filed an Application No.36/2020 (SZ) & I.A.No.15/220 before the Hon‟ble National Green Tribunal and seeking the following relief;
"It is therefore respectfully prayed that this Hon‟ble Tribunal may be pleased to direct the respondents to take suitable action on the applicant‟s representation dated 6.122019 and thereby direct the respondents not to connect the drainage line in the pond situated at Survey No.1184/2, Kalambur Village, Polur Taluk, Thiruvannamalai District by constructing the canal or any other mode and to restore the pond in its original condition and maintain the same pass such further or other order it may be deem fit and proper in the above circumstances of the end of this render justice."
The Hon‟ble National Green Tribunal proceeding further with the matter directed to submit a status report from a Joint Committee appointed by this Tribunal comprising of the District Collector, Thiruvannamalai District and the Tamil Nadu State Pollution Control Board to inspect the area in question and submit a status report regarding the allegations made in the petition as to whether any steps are being taken by the Respondent No.7 (The Block Development Officer, Polur Taluk) and Respondent No.8 (The Executive Officer, Kalambur) to convert the pond which is being used for drinking water purpose by the village people to connect the sewage if so the effect of such act by the respondents 7 and 8 and how far this will affect the [3] ground water quality. If this is done for the purpose of making it as a discharge place for sewage water, then the committee is directed to re commend the action to be taken against the authorities and if any action is taken submit the action taken report as well.
In this regard as per the directions of the Hon‟ble National Green Tribunal the said pond i.e., Seethapulli Kuttai and the surrounding were inspected on 12.3.2020 and the following details are submitted.
In this regard as per the directions of the Hon‟ble National Green Tribunal the said pond i.e., Seethapulli Kuttai and the surroundings were inspected on 12.3.2020 and the following details are submitted.
1. The pond mentioned in the Application No.36/2020 (SZ) is located in S.F.No.1184/2 (Total extent of 0.28.5 hectares) Kalamur Village, Polur Taluk, Tiruvannamalai District which is the property of Kalamur Town Panchayat.
2. The pond is surrounded by the agriculture land of the petitioner in the northern side, Town Panchayat land & open well of the petitioner in the western side, agricultural land in the eastern side and the Mariamman Koil Street in the southern side.
3. The pond is found with lot of bushes and trees with no water stagnation during inspection and reported that water will be available during rainy season due to the runoff from the Mariamman Koil Street and adjoining areas. The pond overflow during rainy season may reach the Sitheri through the agricultural fields including the petitioner land. The pond waster is not being used as drinking water source at any point of time.
4. The petitioner is using the bund of the pond i.e. Kalambur Town Panchayat land as a pathway to approach his agricultural land. The petitioner agricultural land is located in the water spread area of the Sitheri which is located in the north east side. The petitioner open well is located at distance of about 15 M from the pond and the open well water is used for irrigation purposes only.
5. Now, the Kalambur Town panchayat has constructed a concrete drain with filter beds - 2 nos in the Mariamman Koil Street and only a small upstream of water (grey water) flow into the pond is noticed during inspection.
6. During inspection a sample at the inlet into the pond i.e., at the outlet of filter bed and a water sample from the open well of petitioner have been collected in the presence of the petitioner and sent to Advanced Environmental Laboratory, TNPC board, Vellore for analysis.
7. The report of analysis of the sample collected at the inlet of the pond revels that the parameters pH, BOD and TSS were found within the CPCB prescribed standards for the discharge of treated sewage as per the MoEF & CC Notification dated 13.10.2017 and the report of analysis of the petitioner ell water sample reveals that the well water is not satisfying the desirable standards of drinking water as per IS 10500 -2012 however satisfying the irrigation standards as per IS 2296 - 1982.
[4]8. The Kalambur Town Panchayat is drawing ground water through ells from Kamandals Nagathi River bed and Periya Eri downstream and supplying to the entire town of Kalambur including the Mariamman Koil Street houses where the petitoner house is located. The above water sources are located at more than 1000 M from the said pond. The nearest public drinking water source i.e., a public bore well if Town Panchayat fitted with mini pump is located at a distance of 40 M and found not in operation. It was informed that the above water source was not in use for the past one year.
9. The District Collector, Tiruvannamalai has already addressed the Executive Officer, Kalambur vide letter dated 11.2.2020 to desilt the pond so as to recharge the ground water in the vicinity. Accordingly, the Town Panchayat has proposed to clear the bushes in the pond ad to plant canna indica Kal Vazhai.
10. The Executive Officer, Kalambur Town Panchayat has been addressed to utilize the newly constructed concrete drain as storm water drain only and shall not connect the sewage generated from the houses vide letter dated 18.3.2020.
11. The respondent no.8 viz., Block Development Officer, Polur Block and Taluk had played no role in the construction of drain in the Mariamman Koil Street, Kalambur Town.
12. In view of the above, the committee is recommending that no action is necessary against the respondent no.7 i.e, the Executive Officer, Kalambur Town Panchayat and the Respondent No.8 i.e., the Block Development Officer, Polur Block and Taluk, Tiruvannamalai district related to this particular issue."
5. The above said report was considered by this Tribunal on 26.06.2020 and passed the following order:-
"5. It is mentioned in the report that respondent no.8 viz., Block Development Officer, Polur Block and Taluk had played no role in the construction of drain in the Mariamman Koil Street, Kalambur Town. It is mentioned in the report that the Executive Officer, Kalambur Town Panchayat has been addressed to utilize the newly constructed concrete drain as storm water drain only and shall not connect the sewage generated from the houses vide letter dated 18.3.2020. It is also mentioned in the report that District Collector, Tiruvannamalai has addressed to Executive Officer, Kalambur vide letter dated 11.2.2020 to de silt the pond so as to recharge the ground water in the vicinity and it is also mentioned that the Town Panchayat has proposed to clear the bushes in the pond and to plant Canna indica (Kal Vazhai).
6. It may be mentioned here that the report is silent as to what is the source for contamination of the well water in the property of the applicant. Further, it is not known as to whether the recommendations made by the District Collector to the eighth respondent have been complied with or not.
[5]7. So under these circumstances, in order to dispose of the case effectively, we feel it appropriate to get a further report on this aspect from the committee. So the committee is directed to file a further report on the issues mentioned above to this Tribunal through e-mail or e- filing at [email protected] on or before 10.9.2020."
6. In the meantime, the applicant filed an Interlocutory Application as I.A. No.73 of 2020 (SZ) and this Tribunal by order dated 10.09.2020, disposed of that interlocutory application, directing the applicant to work out her remedies before the appropriate forum in accordance with law. The case was posted for submission of further report to 10.09.2020 on which date we have received the committee report filed on 09.09.2020 and it was adjourned for consideration of the objections, if any, to be filed by the applicant to the committee's report and posted the case to today for that purpose.
7. When the matter came up for hearing today through Video Conference, Sri. B. Gopala Krishnan represented the applicant. Sri. C. Kasirajan through M/s. Meena represented 1st respondent and Sri. Mani Gopi represented respondents 2 to 8.
8. The grievance in this application is regarding the construction of a canal which according to the applicant is likely to be used as a sewage canal to collect the sewage water and discharge into the pond which is being used by the local people for drinking purpose. In order to ascertain the same, Joint Committee was appointed and the Joint Committee had submitted an earlier report which has been extracted in the previous paragraph of this Judgment.
9. Thereafter, as per the further direction given by this Tribunal, they have submitted another report dated Nil received on 09.09.2020 which reads as follows:-
[6]"Joint Committee Status Report as per the Hon'ble NGT direction in the OA.No. 36/2020(SZ) filed by Tmt. Muniyammal A. INTRODUCTION Tmt. Muniyammal W/o.Thiru.Venkappan, Mariyamman Koil Street, Kalambur, Polur Taluk, Tiruvannamalai District has filed a Application No. 36/2020(SZ) & I.A.No.15/2020 before the Hon‟ble National Green Tribunal and seeking the relief that " It is therefore respectfully prayed that this Hon‟ble Tribunal may be pleased to direct the Respondents to take suitable action on the applicant‟s representation dated 06.12.2019 and thereby direct the Respondents not to connect the drainage line in the pond situated at Survey No.1184/2, Kalambur Village, Polur Taluk, Thiruvannamalai District by constructing the canal or any other mode and to restore the pond in its original condition and maintain the same pass such further or other order it may be deem fit and proper in the above circumstances of the end of this render justice."
The Hon‟ble National Green Tribunal in its order on 19.02.2020 observed that "before proceeding further with the matter directed to submit a status report from a Joint Committee appointed by this Tribunal comprising of the District Collector, Tiruvannamalai District and the Tamil Nadu State Pollution Control Board to inspect the area in question and submit a status report regarding the allegations made in the petition as to whether any steps are being taken by the Respondent No. 7 (The Block Development Officer, Polur Taluk) and Respondent No. 8 (The Executive Officer, Kalambur) to convert the pond which is being used for drinking water purposes by the village people to connect the sewage if so the effect of such act by the Respondents 7 and 8 and how far this will affect the ground water quality. If this is done for the purpose of making it as a discharge place for sewage water, then the committee is directed to recommend the action to be taken against the authorities and if any action is taken submit the action taken report as well".
B. FIRST JOINT COMMITTEE REPORT As per the directions of the Hon‟ble National Green Tribunal, the said pond i.e., Seethapulli Kuttai and the surroundings were inspected by the Joint Committee on 12.03.2020.
The District Collector Tiruvannamalai has addressed the Executive Officer, Kalambur (Respondent No.8) vide letter dated 18.03.2020 to comply the following,
1. The Seethapulli Kuttai shall be de silted so as to store the rain water in the pond and recharge the ground water in the vicinity.
2. The newly constructed concrete drain in Mariamman Koil Street shall be used as storm water drain only and the sewage generated from the houses shall not be connected to it.
3. The Seethapulli Kuttai shall not be used as sewage disposal place at any point of time.
4. Further, explore the possibility of implementing underground sewerage system with sewage treatment plant/septage treatment system to the Kalambur town.
[7]and a status report as directed was submitted to the Hon‟ble NGT through TNPC Board.
C. THE HON'BLE NATIONAL GREEN TRIBUNAL ORDER DATED 26.06.2020.
The Hon‟ble National Green Tribunal in its order dated 26.06.2020 has mentioned the following, "The report is silent as to what is the source for contamination of the well water in the property of the applicant. Further, it is not known as to whether the recommendations made by the District Collector to the eighth Respondent have been complied with or not.
So under these circumstances, in order to dispose of the case effectively, we feel it appropriate to get a further report on this aspect from the committee. So the committee is directed to file a further report on the issues mentioned above to this Tribunal through email or e-filing at [email protected] on or before 10.9.2020".
D. W.P.PETITION FILED BEFORE THE HON'BLE HIGH COURT BY THE PETITIONER Meanwhile the petitioner has filed W.P. No. 10651 of 2020 and W.P. No. 12944 of 2020 in the Hon‟ble High Court Madras and the Hon‟ble High Court has directed the following in its order on 17.08.2020 that, "The Hon‟ble NGT has already directed the report to be filed during the next date of hearing on 10.09.2020. When the substantial issue is pending before the Green Tribunal, it will not be proper for this court to go into the merits of this case and issue must be left open to be decided by the National Green Tribunal. For the present, it will be enough if this Writ petition is disposed of by keeping open all the issues to be decided by the National Green Tribunal, and there will be an interim protection for the petitioner only in so far as using the pathway for ingress and egress to her property. The interim protection is granted for a short period till 10.09.2020 and it is left open to the petitioner to work out her remedy before the National Green Tribunal, Southern Zone, Chennai".
E.INTERLOCUTORY APPLICATION FILED BEFORE THE HON'BLE NGT BY THE PETITIONER In this juncture, the advocate to the petitioner has sent a copy of the Interlocutory Application filed before the Hon‟ble NGT on 03.09.2020 through email stating the following, i. The Respondent No. 8 i.e., Executive officer, Kalambur, Town Panchayat without considering the order of the Hon‟ble High Court in W.P. No. 10651/2020 caused disturbance to the pathway and restrained from using the said pathway.
ii. Issued contempt notice on 01.09.2020 to the 8 th Respondent.
F. PRESENT STATUS REPORT [8] As per the directions of the Hon‟ble National Green Tribunal order dated 26.06.2020, the said pond i.e., Seethapulli Kuttai and the surroundings were inspected on 04.09.2020 by the Joint Committee and the following details are submitted, I. Remarks on the ground water quality
1. The following details already submitted in previous joint committee report were again presented for clarity, i. The pond is found with lot of bushes and trees with no water stagnation during inspection and reported that water will be available during rainy season due to the runoff from the Mariamman Koil Street and adjoining areas. The pond overflow during rainy season may reach the Sitheri through the agricultural fields including the petitioner land. The pond water is not being used as drinking water source at any point of time. ii. The Kalambur Town panchayat has constructed a concrete drain with filter beds- 2 Nos in the Mriamman Koil Street and only a small stream of water (grey water) flow into the pond is noticed during inspection.
iii. The report of analysis of the sample collected at the inlet of the pond reveals that the parameters pH, BOD and TSS were found within the CPCB prescribed standards for the discharge of treated sewage as per the MoEF & CC Notification dated 13.10.2017 . iv. The report of analysis of the petitioner well water sample reveals that the well water is not satisfying the desirable standards of drinking water as per IS 10500 - 2012, however satisfying the irrigation standards as per IS: 2296 - 1982.
v. The report of analysis of the petitioner well water sample collected on 12.03.2020 reveals that the parameter such as Total Dissolved Solids (TDS)-1456 mg/l, Total Hardness-500 mg/l, Calcium-400 mg/l and alkalinity-392 mg/l was exceeds as per IS 10500 - 2012 desirable standards of drinking water, however satisfying the irrigation standards as per IS: 2296 - 1982.
2. The ground water quality in the vicinity as per the statistical year book of the Public Work Department (Water Resource Department) reveals the following, i. The ground water quality in Tiruvannamalai District is being monitored by collecting water samples from 212 wells. The TDS in the District ranges from 160 to 2105 mg/l in the year 2018.
ii. The ground water quality in Polur Taluk in which Kalambur Town Panchayat located is being monitored by collecting water samples from 30 wells. The TDS in the Taluk ranges from 180 to 2010 mg/l in the year 2018.
3. During inspection on 4.09.2020, the ground water samples in the vicinity of Seethapulli kuttai were collected to assess the ground water quality and analyzed in the TNPCB Advanced Environmental Laboratory, Vellore. The parameter TDS alone is taken in to consideration for analyzing the [9] ground water quality. The parameter TDS of the ground water in various location in the vicinity of Seethapulli kuttai is summarized below, S.No Location Latitude and Direction Purpose for TDS in Longitude & which the mg/l Distance water is in M utilized
1. Well owned by 12.633579°N West & Irrigation 746 the Petitioner 79.211505°E 15 2 Bore Well of 12.632052°N South West Domestic 888 Tmt. Malathi & 220 uses except 79.210304°E drinking 3 Bore Well of 12.631046°N South East Domestic 624 Thiru.Sundare & uses san 79.214179°E 170 except drinking 4 Bore Well of 12.632958°N South & Domestic 788 Thiru.Annadur uses ai 79.211670°E 35 except drinking The comparison of the earlier and present ground water quality with respect to the parameter TDS reveals the following, a. The TDS in the petitioner well water collected on 12.03.2020 was 1456 mg/l.
b. Now the TDS in the petitioner well water collected on 04.09.2020 is 746 mg/l.
c. The reduction in the values was observed due to the reason that heavy rainfall occurred in the past two months. d. The TDS in the bore wells located in the upstream (South East, South and South West direction) with respect to Seethapulli Kuttai ranges from 624 to 888 mg/l.
e. The TDS in the petitioner well water and in the other bore wells falls in the above range of 624-888 mg/l observed in the bore wells located in the upstream of Seethapulli Kuttai. f. From the above, the ground water quality of the petitioner well with respect to the parameter of TDS is 746 mg/l and lies in the TDS range of 624-888 mg/l observed in the bore wells located in the upstream of Seethapulli Kuttai.
g. Hence, it is concluded that the petitioner well is not contaminated by any sources of waste water.
II. Status of compliance to the District Collector Instructions The status of compliance to the instructions issued vide letter dated 18.03.2020 by the District Collector Tiruvannamalai to the Executive Officer, Kalambur (Respondent No.8) is submitted below,
1. Cleaning of bushes in the Seethapulli Kuttai was found completed and de- silting of the Seethapulli Kuttai was found partly completed.
[10]2. Canna Indica (Kalvazhai) Saplings were planted in portion of the Seethapulli Kuttai.
3. The East and South side bunds were strengthened and Tree saplings were planted in the Eastern side bund.
III. Status of compliance to the Hon'ble High Court Directions The status of compliance to the Hon‟ble High Court directions dated 17.08.2020 in W.P. No. 10651 of 2020 and W.P. No. 12944 of 2020 filed by the petitioner is submitted below, ii. The South side bund is the pathway to the petitioner to reach her property and the pathway is presently available for petitioner use. iii. The pathway was strengthened without causing any disturbance to the petitioner and also not restrained her from using the above said pathway.
IV. Representation of the Respondent No.8 The Respondent No. 8 i.e., Executive Officer of Kalambur Town Panchayat has informed the following, i. The District Collector Tiruvannamalai has directed to rejuvenate the Seethapulli kuttai and planting of trees in the said kuttai under the scheme of Jal Shakthi Abhiyan. Due to COVID 19, the said work couldn‟t be initiated in time.
ii. The rejuvenation and planting of trees in the said kuttai was started on 31.08.2020 and continued. The work was completed in one part of the kuttai without disturbing the petitioner land, as per the Hon‟ble High Court order dated 17.08.2020.
iii. The Executive officer has reported that the petitioner has not allowed for completing the balance work.
iv. The petitioner‟s family has encroached a portion of the land in West side of the Seethapulli kuttai by establishing a shed and stationed a paddy harvesting machine.
v. The Executive Officer, Kalambur Town Panchayat has issued notices to all the houses of the street not to connect their sewage lines into the drain. vi. Further the Executive Officer, Kalambur Town Panchayat has requested to resolve the problem so as to complete the balance rejuvenation of Seethapulli Kuttai.
V Representation of the Petitioner and family The petitioner and their family members were present during inspection and informed the following, i. The de- silting works started by the Respondent No. 8 on 31.08.2020 and continued thereafter in Seethapulli Kuttai. ii. The bund in East and South side were strengthened and the bund in South side is the pathway to her property.
iii. The activity of the Respondent 8th does not caused any disturbance to the pathway and not restrained from using the said pathway to reach her property.
iv. Further the petitioner has requested to ensure necessary pathway to her property and do not cause any disturbance to the pathway and do not restrain from using the said pathway in future also.
[11]VI CONCLUSION In view of the above, it is respectfully submitted that the petitioner well water is not contaminated and the Respondent No. 8 may be allowed to rejuvenate the Seethapuli Kuttai by completing the de-silting works, strengthening the bund in all the sides, planting Canna Indica (Kal Vazhai) and other suitable variety of tree saplings so as to recharge the ground water potential and to improve the ground water quality in the vicinity. Further it is respectfully submitted that the petitioner may be allowed to use the bund as pathway for ingress and egress to her property and do not cause any disturbance to the pathway and do not restrain from using the said pathway."
10. The learned counsel appearing for the applicant submitted that the recommendations of the committee has not been complied with by the authorities.
11. It may be mentioned here that reading of the report submitted by the committee will go to show that they are only constructing a storm water drain to collect the excess rain water and discharging the same into the pond namely, Seethapulli Kuttai which will act as a rain water harvesting system to improve the ground water level in that area.
Directions have been given to the local bodies not to discharge any sewage into the storm water drain as well.
12. It is also seen from the report that the District Collector had directed to rejuvenate the Seethapulli Kuttai and planting of trees in the said Kuttai under the scheme „Jal Shakthi Abhiyan‟.
13. It is also mentioned in the report that rejuvenation and planting of trees in the said Kuttai was started on 31.08.2020 and it is being continued.
Directions were also given to the Executive Officer, Kalambur Town Panchayat not to discharge the sewage into the drain and on that basis the Executive Officer, Kalambur Town Panchayat had issued notices to all the houses on the street side not to connect their sewage lines into the proposed drain.
[12]14. It is also seen from the report that de-silting work was started by the 8th respondent on 31.08.2020 and continued thereafter in the said Kuttai.
The bund in the East and South side were strengthened and the bund in South side is said to be the pathway to the property of the applicant.
The applicant made a representation to the committee members that her path way should not be affected and they should not restrain her from using her path way in future as well. These aspects have been considered by this Tribunal while disposing the I.A. No. 73 of 2020 (SZ) filed by the applicant. So, we are not repeating the same again as considering the question of right of way is not within the jurisdiction of by this Tribunal and if the applicant is aggrieved by any action of the respondents, her remedy is to approach the Civil Court for appropriate relief.
15. Considering the circumstances and also from the report submitted by the committee, it appears that the apprehension of the applicant is not genuine and the authorities are only trying to connect the storm water drain so as to collect the excess rain water and discharge the same into the pond to improve the water recharge capacity with a view to increase the ground water level in that area and precautions have been taken and directions have been given not to discharge the sewage into the storm water drain as well.
16. So, under such circumstances, we feel that there is nothing survives in the matter and the application can be disposed of by giving certain directions.
17.So, this application is disposed of as follows:-
The respondents 7 & 8 are directed not to discharge any untreated sewage into the storm water drain and take all [13] steps to use this proposed canal only for the purpose of carrying rain water during the rainy season and discharge the same into the pond in dispute so as to improve the water recharge capacity with a view to improve the ground water level in that area.
The respondents 7 & 8 are directed to carry out the directions and recommendations given by the Joint Committee for the purpose of developing green belt and strengthening the bunds so as to maintain the pond free from pollution and encroachment.
The respondents 7 & 8 are also directed to take appropriate action against those persons who are unauthorized or illegally discharging the sewage into the storm water drain in accordance with law.
Since, the case itself has been disposed of, I.A. No.15 of 2020 (SZ) filed by the applicant is also disposed of as no further orders are required in that application.
The District Collector, Thiruvannamalai District is directed to monitor the progress of the compliance of the recommendations given by the Joint Committee by the respondents 7 & 8 in its letter and spirit.
Considering the circumstances, the parties are directed to bear their respective costs in the application.[14]
The Registry is directed to communicate this order to the District Collector, Thiruvannamalai District as well as to the respondents 7 & 8 for strict compliance of the direction.
18.With the above observations and directions, this application is disposed of.
....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.36/2020 & I.A. No.15/2020 28th October, 2020. Mn.
[15]