National Green Tribunal
Confederation Of Organisations For ... vs The Commissionerpallavaram ... on 5 March, 2021
Author: K Ramakrishnan
Bench: K Ramakrishnan
Item No.4:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.173/2015 (SZ)
(Through Video Conference)
IN THE MATTER OF
Confederation of organisations for Integrated
-Urban Development
Rep by its President,
Reg. No. 63/2013,
No. 10, Gajapathy Street,
Nehru Nagar, Chrompet, Chennai - 600 044.
...Applicant(s)
Versus
1. The Commissioner,
Pallavaam Municipality,
Chrompet,
Chennai 600 044.
2. The Director,
Municipal Administration
Ezhilagam Annexe Building,
Chepauk,
Chennai 600 005.
3. The Principal Secretary to Government,
Municipal Administration & Water Supply Department,
Fort St. George, Chennai 600 009.
4. The District Collector,
Kancheepuram District,
Kancheepuram.
5. The Tahsildar,
Taluk Office,
Alandur,
Chennai 600 016.
6. The Commissioner,
Hindu Religious and charitable Endowments Department,
Nungambakkam,
Chennai 600 034.
7. The Director of Environment and Member Secretary,
Environment Management Agency of Tamil Nadu,
1
Panagal Buildings, Saidapet,
Chennai 600 025.
8. Additional Chief Secretary/Chairman,
Tamil Nadu Pollution Control Board,
No. 76, Anna Salai, Guindy,
Chennai 600 032.
...Respondent(s)
Date of hearing: 05.03.2021 CORM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER For Applicant(s) : None For Respondent(s): Mr.P. Srinivas represented Mr. N.K. Ponraj for R1 Mr.M.Mani Gopi represented Dr.V.R. Thirunarayanan for 2,3, 4 to 7 Mr.Kasirajan through Ms. D. Ashwini for R8 Judgement
1. The above case has been filed by the applicant seeking the directions to restore "Paalkeni Vinayagar Temple"(Known as Paalkeni Kulam) Lake in survey No. 50/236 at Ward No. 12 Zamin Pallavaram, Chennai - 600 117, within the limits of Pallavaram Municipality.
2. The case of the applicant is that the water body in question is spread over 35 acres of land in the catchment area of Trisulam Hills and the water in the lake was earlier used as drinking water. The lake has been encroached and now the said lake is reduced only to an extent of about 10 acres.2
3. The lake is polluted by dumping of domestic waste/sewage water causing loss to aquatic life. Pollution of water is affecting the health of the inhabitants. The ground water is also contaminated affecting the micro climate and recharge. A sum of Rs. 10 Lakhs was sanctioned by the Government of India in the year 2007 for restoration of the lake. Further sum of Rs. 15 lakhs was earmarked by the Hon'ble Minister for labour under MLA-
Constituency fund for improving the lake. Tenders for the work were issued in the year 2010, but till date the work was not commenced. The encroachment and pollution continues. A Division of Bench of the Hon'ble Madras High Court in the Judgement (Anti-Corruption Forum Vs Government of Tamil Nadu reported in 2008 (1) MLJ 417), directed eviction of encroachers from the lake area. In spite of that the Commissioner of Pallavaram Municipality has not taken any action. So the applicant filed this application seeking the following reliefs:-
a) Direct the respondents 1st, 2nd ,3rd and 4th collectively/independently to restore the PaalkeniKulam situated in S. No. 50/236 at Ward No. 12, Zamin Pallavram, Chennai 600 117, within the limits of Pallavaram Municipality Chennai, Tamil Nadu by distilling, deepening, strengthening bounds, landscaping, formation of walkers pathway, illumination, fencing, preventing the tampering of Domestic ways etc within a stipulated time and preserve the same for use of General Public with good environment.
b) Direct the 1st, 2nd, 3rd and 4th respondents not to permit anyone to dump the domestic waste, solid/liquid waste of cattle's and discharge sewage water in the PaalkeniKulams situated in S. No. 50/236 at ward No.12, Zamin Pallavarm, Chennai 600 117 within the limits of Pallavaram Municipality Chennai, Tamil Nadu.
c) Direct the 1st, 2nd, 3rd, 4th, 7th and 8th respondents to immediate disconnection of all direct/indirect sewage drains/links to PaalkeniKulam situated in S. No. 50/236 at ward No. 12, Zamin Pallavaram Municipality, Chennai, Tamil Nadu, 3
d) Direct the respondent 4 and 5 to identify the water body to an extent of 32.70 acres in S. No. 50/236 and remove the encroachments made in the said PaalkeniKulam situated in S. No. 50/236 at ward No. 12, Zamin Pallavaram, Chennai 600 117, within the limits of Pallavaram Municipality, Chennai, Tamil Nadu,
e) Direct the respondent 4 and 5 not to grant any patta pertains to the land to an extent of 32.70 acres in S. No. 50/236 at ward No. 12, Zamin Pallavaram, Chennai 600 117, within the limits of Pallavaram Municipality Chennai, Tamil Nadu, which is classified in the revenue record as "Kulam".
4. First respondent filed a written statement contending that the application is not maintainable and the relief claimed will not be falling within the Jurisdiction of this Tribunal. Further, cleaning of PaalkeniKulam is vested with the Revenue Department and does not relate with any environmental issues that pertains to the functions of the Hon'ble Tribunal.
5. The PaalkeniKulam is a Revenue Tank that is vested with the Revenue Department. The said Tank is not used for any irrigation or water supply to the surrounding areas.
6. The Tank is under the Control of the Revenue Department. The encroachments in the Tank area were removed in an operation by the Revenue Department and various other Departments including the Pallavaram Municipality rendering assistance in the removal of encroachments. With regard to the total extent of the Tank area and the nature of the said area etc., the details have to be given by the Revenue Department and they reserve the right to adopt the contentions to be taken by the Revenue Department in this regard without detriment to their interest.
7. The maintenance of the lake is vested with the Revenue Department. During 2007-2008, under the Eco-restoration scheme under the 7th respondent, funds were allotted for 4 beautification of the Tank and as much as possible with the allocated funds, the development of about 160 meters of the Tank Bund was made by Building a Retaining wall and walkway with paving blocks.
8. The said work was done only as per the specific project with the available funds. It is not a comprehensive project for the entire Tank and it was only a limited project. After the said work the tank is still under control of the Revenue Department and the Tank or its surrounding bunds and retaining walls have not been handed over to the Pallavaram Municipality.
9. The work of restoration of the water bodies cannot be taken by this Respondent unless and until the said water bodies are handed over to the Municipality. So, according to the first respondent the application to the extent mentioned above is not maintainable against them and they prayed for dismissal of the application.
10. The Seventh respondent filed reply affidavit contending as follows: None of the reliefs are related to the 7th respondent as those things will have to be done by the Public Works Department. It is also contended that it is the responsibility of the local bodies in dealing with the waste management in their respective area and it is for them to take steps for abatement of pollution if any, caused to the water body. If there is any pollution caused to the water body on account of any illegal activities of any person and non implementation of Solid Waste Management Rules 2016, then it is for the Tamil Nadu Pollution Control Board (TNPCB) to take appropriate action and also the respective local body.
511. As regards to the extent of the property and the encroachments etc., are concerned, those things will have to be taken care of by the Revenue Department and not by this respondent. So according to them none of the reliefs claimed relate to them. So they prayed for dismissal of the application.
12. The Eighth respondent filed reply affidavit contending that none of the reliefs claimed in the application can be passed against that respondent as none of the activities are coming within the purview of Tamil Nadu Pollution Control Board (TNPCB) and those things will have to be done either by the municipality or by the Revenue Department and not by the Tamil Nadu Pollution Control Board (TNPCB). So they prayed for passing appropriate orders in the matter.
13. The respondents 2 and 3 filed a reply affidavit contending as follows: the said Tank is a Revenue Tank and vested with the Revenue Department and the said Tank is not used for irrigation or water supply to the surrounding area. The Tank is under the control of Revenue Department. The encroachments in the Tank area were removed in an operation by the Revenue Department and the various other departments have rendered assistance in the matter of removal of encroachments. With regard to the total extent of the Tank area and the nature of the said area etc., the details have to be given by the Revenue Department and this respondent craves leave of this Hon'ble Tribunal to adopt the contentions of the reply filed by the Revenue Department in so far as the same not to the detriment to their interest.
14. With regard to the maintenance of the Tank, the said maintenance is vested with the Revenue Department. During the 6 year 2007-2008. They have almost adopted the contentions made by the first respondent regarding the improvement made with the fund that was allocated for rejuvenation of the Tank.
They have also prayed for passing appropriate orders accepting their contentions.
15. The Fifth respondent filed reply affidavit contending as follows: The said land comprised in S. No. 56/236/1 measuring to an extent of 13.24.0 Hectares classified as PalkaniKulam in Zamin Pallavaram Village has been encroached by 107 dwelling housed by way of Asbestos sheet roof, Tiled and Terraced houses covering an extent of 2.64 acres. Besides this, Kovalan Street part of Vaidyalingam Salai and two more streets are located in this part of land. In addition to that the Pallavaram Municipality is also constructing a Mandapam for performing obsequies for dead persons, an extent of 2.64 acres of land are in encroachment along with 3 streets forms part of this "Kulam".
This land is vested with Pallavaram Municipality and it is under their control and maintenance. The encroachers in the said Palkeni Kulam are discharging their used water and other things into the above kulam directly. The list of encroaches have already been enumerated and submitted by the Tahsildar, Pallavaram to Municipal Commissioner, Pallavaam and he has been instructed to evict the encroachments from the said Kulam and prevent the Kulam to be polluted.
16. The Sixth respondent had filed reply affidavit contending as follows: They have also contended that since the Tank is vested with the Revenue Department, the Hindu Religious and Charitable Endowments Administration Department had nothing 7 to do with the same. None of the reliefs can be granted against that respondent. So they prayed for passing appropriate orders accordingly.
17. It is also admitted in the application that Pallavaram Municipality had drawn up a plan for improving the said lake such as desilting, deepening, strengthening bunds, fencing, land mapping formation of walker's pathway and illumination etc., that fencing and creating walkers pathway must be carried out by the Municipal Administration after the necessary eviction.
18. It is for the Municipal Authority to utilize the amount sanctioned for the restoration of this "Kulam" to its original position. The Commissioner of Pallavaram Municipality had already been addressed with list of encroachers vide this office Rc. No. 148/2017 dated 11.01.2017 to carry out eviction immediately and Tahsildar, Pallavaram will co-ordinate with police officials to maintain any law and order situation that arises during eviction. As per revenue records, no persons have been given patta in the PaalkeniKulam pond as on date.
19. As per the Government orders and Hon'ble Courts direction, action is being taken to evict the encroachments in the water bodies. In respect of this pond, that the initial work of survey and enumeration about encroachers has been completed and the Commissioner, Pallavaram Municipality has been addressed with the list to carry out eviction swiftly.
20. After completion of eviction process in the said Paalkeni Kulam by the Pallavaram Municipal Administration, it is feasible to restore the said Kulam to its original position by the Municipal administration and almost all the prayer has been sought for in 8 the application can be completed. So they prayed for passing appropriate orders accordingly.
21. The applicant had filed rejoinder to these reply statement stating that it is for the Pallavaram Municipality to take appropriate action as it is vested with the Municipality.
22. We cannot accept the contentions of the Tamil Nadu Pollution Control Board (TNPCB) that they have no role in protecting the water body. The allegations in the application are that certain amount of waste is also being dumped and untreated sewage is let in to the water body which contaminates the water in the water body. Further, the implementation of Solid Waste Management Rules, 2016 within the jurisdiction of the local bodies, though primarily cast on the local bodies, but as per the rules there are certain obligations to be carried out by the Tamil Nadu Pollution Control Board (TNPCB) and the District Administration as well in implementing the rules in its letter and spirit in these areas.
23. After considering these aspects this Tribunal by order dated 10.12.2019 appointed a Joint Committee comprising of (1) The District Collector of Chengalpet District, (2) The Commissioner of Hindu Religious and Charitable Endowments Department, (3) The Director of Municipal Administration, (4) The Commissioner of Pallavaram Municipality and (5) the Tamil Nadu Pollution Control Board (TNPCB) to go into the question and to prepare and execute an action plan for restoring of the water body. The Commissioner of Pallavaram Municipality was designated as the nodal agency for coordination and for providing necessary logistics for this purpose.
924. It is also mentioned in the order that the action plan prepared has to be executed on or before 31.03.2020 so as to ensure that the discharge of untreated sewage in the water body is prevented and the water quality is restored and encroachments were removed. The power was given to the committee to co-opt any suitable experts for this purpose as well.
25. The District Collector was directed to provide requisite funds for the committee to carry out the work. Thereafter the matter was taken up on 05.03.2020. On 05.03.2020 Tribunal had considered the Joint Committee report dated 15.02.2020 which reads as follows:
"In order to comply with the directions of this Hon'ble Tribunal, the Joint Committee's first meeting was held on 7.1.2020 and the representatives from the respective departments attended the meeting and the issue was examined by the Joint Committee and the following decisions were taken by the Committee.
The committee decided to find out the sewage connections which were connected to the Palkenikulam lake and to disconnect the same.
The committee has directed the TasildarPallavapuram to find out the number of encroachments in the Palkenikulam lake and to submit the details for decision regarding the same. The kulam being vested with the Revenue Department, the Tahsildar has submitted the list of encroachments to the District Collector for further decision and action.
The committee further decided to take steps to restore the said Palkenikulam as per the Detailed Project Report which was prepared by the Pallavarm Municipality for the restoration of the Palkenikulam. DPR was prepared and submitted and tender published on 31.12.2019.
Tender was processed and the last date was 21.1.2020. The received tenders were scrutinized and work order was issued on 31.1.2020 to M/s. Jayam Enterprises Company. The work is for the deepening and strengthening the Palkenikulam for enabling rain water harvesting in the same.
Sewage outflows into the Palkenikulam were identified. A total of 67 houses were discharging their sewage into the kulam and all the said outflows were plugged and the outflows have been stopped.
Further to rejuvenate the Palkeni lake and make it use as rain water harvesting structure the Government of Tamilnadu has sanctioned a sum of Rs.92.00 lakhs under its CGF 2019-20 scheme. The work order to carryout the said work was issued as 31.1.2020 and work will be commenced by 28.2.2020 and will be completed by 31.5.2020. Once this 10 work is completed the Palkeni lake water quality will be improved and will act as rain water recharge structure.
Further action to remove the encroachments is an issue under the purview of the Revenue Department and the Municipal Authorities are not having the power to take action in this regard. The Tamilnadu Slum Clearance Board has been appointed as member of the joint committee and they have started the process of providing the alternative accommodation to the residents living in the S.No.50/236/1. On the finalization of the process by the TNSCB the houses in the said lands falling under the Palkenikulam will be removed as and when they are given the alternative accommodation.
Next meeting the committee will be held on receipt of the from the TNSCP regarding the enumeration of the structures/houses in the foregoing circumstances it is prayed that this Honourable Tribunal may be pleased to record action taken report an thus render justice."
26. This Tribunal had passed the following order:-
(3) "It is not clear from the report as to when the next meeting is proposed to be convened.
It is also mentioned that to rejuvenate Palkeni Lake and make it to use as rain water harvesting structure, the Government of Tamil Nadu has sanctioned a sum of Rs.92.00 Lakhs under its CGF 2019 - 20 scheme and work order was issued on 31.1.2020 and work will be commenced by 28.2.2020 and will be completed by 31.5.2020. Once this work is completed, Palkeni Lake water quality will be improved and will act as rain water recharge structure.
4. As regards encroachment is concerned, they mentioned that it is for the Revenue Department to do the same. But unfortunately District Collector is the Member of the committee and it is for him to take appropriate steps in accordance with law, if there is any violation and encroachment into the water body. It is mentioned that they are thinking of providing some alternate accommodation to the residents, who have encroached and constructed buildings and immediately on shifting, action will be taken to remove the encroachments .
5. It may be mentioned here that such is the lethargic attitude on the part of the Government Department that inspite of the direction given by the Apex Court and the Madras High Court in respect of removal of encroachments in the water bodies they are still slow in taking action, which cannot be appreciated. They want to show sympathy on encroachers which is up to the Government, but the Tribunal is not concerned about the same, as the Tribunal is interested only in protecting the environment.
6. So the joint committee is directed to prepare an action plan regarding removal of encroachments with shorter time line and submit a detailed report regarding the same as also the effective steps taken to protect the water body and make it free from encroachment and pollution, to this Tribunal within a period of one month through e-mail at [email protected]."
27. Thereafter the matter was adjourned to 15.04.2020 subsequently the case was adjourned from time to time by successive notifications. The matter was taken up on 16.09.2020 and considered the further report submitted by the Joint 11 Committee dated 14.09.2020 and received on 15.09.2020 which reads as follows:-
The Hon'ble Tribunal by it order dated 10.12.2019 has constituted the Joint Committee comprising of the following persons:
1) The Commissioner of Municipal Administration,
2) The Commissioner of HR & CE Department,
3) The District Collector, Chengelpet District,
4) The commissioner, pallavaram Municipality,
5) The Tamil Nadu Pollution control Board.
1. In order to comply with the directions of this Hon'ble Tribunal the Joint committee's first meeting was held on 07.01.2020 and the representatives from the respective departments attended the meeting and the issue was examined by the Joint Committee and the following decisions were taken by the Committee.
2. After the report dated 15.02.2020 was filed in the earlier hearing the Respondent herein who is the Nodal Officer of the Committee has been carrying out the work of restoring the PalkeniKulam as per the Work order issued on 31.01.2020. The work as follows has been completed as on date.
a) Deepening and Desilting work has been completed.
b) Inlet and outlet channels have been identified and restored.
c) Retaining wall of total 570 Meters, 390 Meters is completed.
d) Box culverts for Channels have been pre-fabricated and kept ready for placement in the inlet and outlet channels.
e) Sewage outflows into the Palkenikulam identified as a total of 67 Houses were discharging their sewage into the Kulam and all the said outflows were plugged and the outflows have been stopped.
f) The said houses have been given allowed let out their sewage into the Underground Sewage System of the Pallavaram Municipality as a temporary measure.
3. Removal of encroachments:
The Joint committee had included the Tamil Nadu Slum Clearance Board in the Joint Committee in the Sub-Committee headed by the District Collector.
The Tashildar, Pallavaram have enumerated the encroachers and prepared detailed list comprising of 111 persons.
4. Further to the same, meeting were held with the Managing Director of TNPCB on various dates and lastly on 08.09.2020. At the said meetings the number of occupants has been finalized and the work of finding alternate accommodation has been undertaken by the TNPCB.
5. The TNPCB has requested that the beneficiary contribution of 10% of the cost be borne by the sponsoring Authority. In this case as the said land is encroached and it is not belonging to the Municipality, this respondent has expressed that it is not possible or proper for the respondent to be burdened with the said contribution which works out to more than Rs. 72 Lakhs for the 111 tenements.
6. The next meeting was held on 12.09.2020. In which h Revenue Department Officers such as the Revenue Divisional Officer, Pallavaram, Tahsildar, Pallavapuram, the Officers of the TNSCB and TNPCB were participated. At this meeting, the Revenue Dept, Officials stated that the removal of encroachments will be carried out if it is requested by the Municipality. Accordingly a written request was submitted on 12.09.2020 itself.
127. It is further submitted that the removal of encroachments is kept in abeyance due to the common orders passed by the Hon'ble Supreme Court as well as the Hon'ble High Court in view of the prevailing pandemic situation and in order to prevent the rendering of a large number of people homeless. The said orders of the Courts is in effect till 30.09.2020 as per the last order dated 02.09.2020 in Suo-Motu W.P. No. 7413 of 2020.
8. Further action in this regard will be undertaken as and when the General Orders as set out above are vacated. Proposals for the eviction and allotment of alternate accommodations has been prepared by the District Collector, Chengelpet.
9. The TNSCB has offered the allotment of the tenements in its Development in Padappai.
10. In regard to the Water Quality, it was found that the water level in the PalkeniKulam was very low due to lack of rains and surface inflows. There was no noticeable smell or discolouration of the water and the sample for testing the water was drawn on 14.09.2020 and sent for analysis and report is awaited. At the time of inspection it was noticed that the surrounding residents were using the water for washing and other uses.
In the foregoing circumstances it is prayed that this Hon'ble Tribunal may be pleased to record the Action taken report and thus render justice."
28. Then the case was posted to 19.11.2020. On 19.11.2020, the matter was adjourned to 22.11.2020 at the request of the members of the committee and on 22.12 2020, also the matter was adjourned to 18.01.2021 and on 18.01.2021 this Tribunal had considered the further report which was extracted in Para 4 of the order:-
We have received the report submitted by the Joint Committee which reads as follows:-
"REPORT FILED BY THE JOINT COMMITTEE The Hon'ble Tribunal by its order dated 10.12.2019 has constituted the Joint Committee comprising of the following persons:-
i. The Commissioner of Municipal Administration,
ii. The Commissioner of HR & CE Department,
iii. The District Collector, Chengelpet District,
iv. The Commissioner, Pallavaram Municipality,
v. The Tamil Nadu Pollution Control Bard.
1. Subsequent to the hearing of the case in 16.09.2020, Meeting of the Committee was held on 10.10.2020. In the said meeting, the following decisions were taken.
1) The Tahsildar, Pallavaram should remove the encroachments around PalkeniKulam.
2) The Tahsildar should serve notices under the provisions applicable to the revenue department for removal of encroachments.13
3) The Tahsildar shall take steps to allot alternative accommodations for the 111 encroachers in the Tamil Nadu Slum Clearance Board tenements in Padappai.
4) On fixing the date of the eviction by the Revenue Department, the Pallavapuram Commissioner shall inform the TANGEDCO to disconnect the Service Connections.
5) On the date of eviction, the Palavapuram Municipality shall provide required JCBs and other vehicles for eviction work.
6) Pallavapuram Municipality shall obtain Police protection for the eviction work to ensure no problems occur.
1. The work as follows has been completed as on date in the PalkeniKulam:
a. Deepening and Desilting work has been completed.
b. Inlet and outlet channels have been identified and restored. c. Retaining wall of total 570 Meters, 390 Meters is completed.
Laying of Walking Path over the Bund has progressed to 40%. d. The work of installing the pre-fabricated Box culverts for channels have been completed in the inlet and outlet channels. e. All Sewage outflows into the area of the PalkeniKulam have been identified and all of them have been blocked and the Houses have been given Connections to the Underground Drainage System. As on date, no sewage is entering the palkeniKulam.
2. Removal of encroachments:
The Joint Committee had included the Tamil Nadu Slum Clearance Board in the Joint Committee in the Sub-Committee headed by the District Collector.
1) Further to the same, meetings were held with the managing Director of TNSCB on various dates and lastly on 08.09.2020 and 10.10.2020. The TNSCB has identified the Tenements in Navalur for the allotment to the encroachers and the encroachers have to remit their contributions for the allotment of the Tenements.
2) The Tahsildar has been requested to issue notices to the encroachers to remit their contributions for the allotment of the tenements along with the notices of Eviction.
3) Notices under the Land Encroachment Act, 1905 have been issued to the encroachers by the Tahsildar Pallavapuram on 05.01.2021. Further actions are waited for passing final orders the Land Encroachment Act.
3. In regard to the Water Quality, the same has been tested by the TNPCB and the report is awaited from them.
4. Works for restoration and beautification of PalkeniKulam:
The entire Water body has been desilted and deepened. Around the Lake, walking path is being formed and the total length of the bund is 570 Meters. The formation of Bund with walking path is under construction and as on date 40% of the work is completed. After the eviction of the 111 encroachers from the PalkeniKulam the said area which is higher than the 14 water spread will be converted into a Green Belt and will be formed into a Park for the use of the Public. The estimated cost of the said work is 92 Lakhs and it includes the strengthening of the Bund, formation of the Walking path over the Bund and the formation of the Park in the evicted area will be taken up after the removal of encroachments."
29. Thereafter passed the following order:-
(5)" In the mean time, there was a newspaper report published in Times of India, Time City Edition dated 06.01.2021 under the caption "Pallavaram civic body lays road along encroached lake". It is seen from the newspaper report that Pallavaram Municipality had laid roads and installed the street lights in the encroached area along the Paalkeni lake and it was further alleged in the newspaper report that Pallavaram Municipality is trying to legalize encroachment and the entire office needs to revamped to avoid such actions in the future. It was also alleged that the existing lake was renovated two year ago by group of volunteers namely, 'PasumaiPerugaSutham Sei' and now it is again encroached and the sewage is discharged illegally into it.
6. Though, it was mentioned in the report that some work was done but they have not mentioned the time line within which it will be completed. Further, the removal of the encroachment is concerned, they have only mentioned that notice have been issued to the encroachers under the Land Encroachment Act, 1905 dated 05.01.2021 and final orders will be passed in accordance with law.
7. It is also mentioned in the report that though the Tamil Nadu Pollution Control Board had collected the water sample and sent for analysis and the report is awaited, they have not filed the report in this regard. It is also mentioned that after removing the encroachment, they will convert the same into a green belt and park for the use of the public for which a cost of Rs.92 Lakhs (Rupees Ninety Two Lakhs only) was estimated. But there is no time limit provided for completion of these works. Unless the authorities are coming with some action plan with specific time lines, it will not be possible for this Tribunal to dispose of the case effectively as once it is disposed recording the undertaking made, then this Tribunal will have to call for reports of fulfilment of that undertaking.
8. The Pollution Control Board also did not come with water analysis report to show as to whether the water in the pond has been contaminated or not. Further, independent departments have not filed their status report regarding the action taken to protect the water body as they are expected to protect the environment as per the constitutional mandate under Article 48A of the Constitution of India and such direction was given on the last hearing date but no such response have been filed.
9. So, the committee is directed to consider the newspaper report dated 06.01.2021 referred to above and also file a proper report regarding the time line within which the entire action of removal of encroachment, beautification of the tank etc. will be fulfilled.
10. It may be mentioned here that even in the earlier report they did not mention the extent of the lake and what is the extent of the encroachment etc. So, the committee is directed to submit a proper report mentioning the above facts. They have only reiterated the things mentioned in the earlier report which was extracted in Para 4 of the order dated 16.09.2020 and further progress is not clear from the present report.
11.So under such circumstances, we direct the committee to submit a further report complying with the directions made above and also the official respondents to come 15 with their independent response regarding the action taken by them which are vested under the respective statutes with them to protect the water body.
12. The learned counsel appearing for the 1st respondent submitted that as per the order dated 10.12.2019 this Tribunal had constituted a Joint Committee and made the Commissioner of Pallavaram Municipality as the nodal agency. Since the encroachment will have to be dealt with by the Revenue Department whenever meetings are called for, they are finding difficulties to get the attendance of the revenue authorities and wanted to change the nodal agency.
13. So considering the circumstances, we feel that it is better to change the nodal agency and designate the District Collector, Chengalpet as nodal agency for co- ordination and providing necessary logistics and submission of the report as directed by this Tribunal as the steps regarding eviction of the encroachment and further rehabilitation will have to be done by the revenue department. So, the District Collector, Chengalpet is designated as the nodal agency for this purpose.
14. The committee as well as the official respondents are directed to submit their respective reports and independent response and the status of the protecting the water body on or before 25.02.2021 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 as per Rules.
15. The Registry is directed to communicate this order along with the newspaper report referred to above namely, Times of India, Time City Edition dated 06.01.2021 to the members of the committee and also to the official respondents so as to give their independent response regarding the allegations made therein as well.
30. The case was posted to 25.02.2021for filing further report. On 25.02.2021, the matter was adjourned to today for filing further report at the request of the committee.
31. When the matter came up for hearing today through Video Conference, there was no representation for the applicant. Sri. P. Srinivas through Mr. N.K. Ponraj represented first respondent, Mr. M. Mani Gopi represented Dr. V.R. Thirunarayanan counsel for respondents 2, 3, 4 to 7 and Mr. C. Kasirajan through Ms. D. Ashwini represented 8th respondent. So service is complete.
32. We have received the Joint Committee report e-filing dated 28.02.2021 and received on 01.03.2021 which reads as follows:-
INSPECTION REPORT OF THE JOINT COMMITTEE CONSTITUTED BY THE HON'BLE NATIONAL GREEN TRIBUNAL (SZ) IN RESPECT OF O.A. NO. 173 of 2015 (SZ) FLED BY CONFEDERATION OF ORGANISATIONS FOR INTEGRATED URBAN DEVELOPMENT, GAJAPATHY STREET, NEHRU NAGAR, CHROMPET, CHENNAI - 44.
1. Orders of the Hon'ble Tribunal It is respectfully submitted that the Hon'ble National Green Tribunal (SZ) , Chennai in its order dated 10.12.2019 in the matter of O.A. No.173 of 2015 inter alia stated that:
This application seeks direction to restore the "PaalkeniVinayagar Temple Lake" in 16 S.No.50/236 at ward No.12, ZaminPallavaram, Chennai-600 117, within the limits of Pallavaram Municipality.
Case of the applicant is that the water body in question is spread over 35 acres of land in the catchment area of Trisulam Hills and the water in the said lake was earlier used as drinking water. The lake has been encroached and now the said lake is existing only to an extent of about 10 acres. The lake is polluted by dumping of domestic waste/sewage water causing loss to aquatic life. Pollution of water is affecting the health of the inhabitants. The ground water is also contaminated affecting the micro climate and recharge. A sum of Rs. 10 Lakhs was sanctioned by the Government of India in the year 2007 for restoration of lake. Further sum of Rs. 15 Lakhs was earmarked by the Hon'ble Minister for Labour under MLA- Constituency fund for improving the lake. Tenders for the work were issued in the year 2010, but till date work has not commenced. The encroachments and pollution continues. A Division Bench of the Madras High Court, in the Judgment in Anti Corruption Forum Vs Government of Tamil Nadu, reported in 2008 (1) MLJ 417, directed eviction of encroachers from the lake area. The Commissioner of Pallavaram Municipality has not taken necessary action.
The Application was filed on 07.10.2015. On 20.10.2015, notice was issued to the State Authorities, the Director of Municipal Administration, the Commissioner of Hindu Religious and Charitable Endowments Department, the Commissioner of Pallavaram Municipality and the Tamil Nadu State Pollution Control Board. The Respondents have filed their respective replies. By Order dated 10.04.2017, this Tribunal noted that the disputed property vested with the Revenue Department/Pallavaram Municipality.
During the hearing, Learned counsel appearing for the Municipal Administration has handed over a copy of the proceedings dated 15.10.2019 allocating an amount of Rs. 92 Lakhs for restoration for water bodies The fact remains that lake in question is not only facing encroachments but also pollution. There is continued violation of Water (Prevention and Control of Pollution) Act, 1974 affecting the environment and the public health. The underground water quality is also affected. Remedial measures are necessary.
In view of the above, we constitute a joint Committee comprising nominees of District Collector of Chengalpet District, Commissioner of Hindu Religious and Charitable Endowments Department, Director of Municipal Administration, Commissioner of Pallavaram Municipality, and the Tamil Nadu State Pollution Control Board for consideration of the above issue and to prepare and execute an action plan for restoring of all water body. The Commissioner of Pallavaram Municipality will be the Nodal Agency for coordination and compliance. The Nodal agency shall ensure that first meeting of the Committee is held on or before 31.12.2019 and the action plan is prepared which may be executed on or before 31.3.2020 so as to ensure that the discharge of untreated sewage in the water body is prevented, water quality is restored and encroachments are removed. Let an interim report be filed by 15.02.2020.
Subsequently the Hon'ble National Green Tribunal (SZ) Chennai in the order dated 18.01.2021 further directed the following:
1. As per order dated 16.09.2020, this Tribunal had considered the report dated 14.09.2020 received on 15.09.2020 which was extracted in Para 4 of the order and passed the following order :-
"5. It is seen from the report that some steps have been taken to remedy the situation. As regards the encroachments are concerned, it is mentioned in the report that in view of the stay in respect of encroachment issue granted by the Hon'ble High Court of Madras in Suo-Motu W.P. No.7413 of 2020, they are not able to proceed with the matter regarding the encroachment issue and they will be taking steps immediately after some orders are passed in that matter vacating the stay granted.17
Regarding the rehabilitation suggested by the committee, when it was pointed out to the Government Pleader, he submitted that they will come with the proposal on the next hearing date.
6. It is also mentioned in the report that water samples have been taken and it was sent for analysis and awaiting for the report of the laboratories in this regard.
7. Considering these aspects, we feel that some more time can be granted to the committee to come with a further action taken report in this regard.
8. The committee is directed to submit the report to this Tribunal on or before 19.11.2020 by e-filing along with necessary hard copies to be produced as per rules.
9. The Registry is directed to communicate this order to the members of the committee through e-mail immediately, so as to enable them to comply with the direction of this Tribunal."
2. The case was posted to 19.11.2020 for submission of further report. Thereafter, on 19.11.2020 we directed the committee to file a further report and respective departments are also directed to file their status report regarding the progress of the work and posted the case to 22.12.2020 for that purpose. On 22.12.2020, it was adjourned to today at the request of the counsel appearing for the concerned parties.
3. When the matter came up for hearing today through Video Conference, there was no representation for the applicant. Mr. P. Srinivas represented 1st respondent, Mr. Dr. V.R. Thirunarayanan represented respondents 2 to 7 and Mr. C. Kasirajan through Mr. Ajith Kumar represented 8th respondent.
4. We have received the report submitted by the Joint Committee which reads as follows:-
"REPORT FILED BY THE JOINT COMMITTEE The Hon'ble Tribunal by its order dated 10.12.2019 has constituted the Joint Committee comprising of the following persons:-
vi. The Commissioner of Municipal Administration,
vii. The Commissioner of HR & CE Department,
viii. The District Collector, Chengelpet District,
ix. The Commissioner, Pallavaram Municipality,
x. The Tamil Nadu Pollution Control Bard.
5. Subsequent to the hearing of the case in 16.09.2020, Meeting of the Committee was held on 10.10.2020. In the said meeting, the following decisions were taken.
7) The Tahsildar, Pallavaram should remove the encroachments around PalkeniKulam.
8) The Tahsildar should serve notices under the provisions applicable to the revenue department for removal of encroachments.
9) The Tahsildar shall take steps to allot alternative accommodations for the 111 encroachers in the Tamil Nadu Slum Clearance Board tenements in Padappai.
10) On fixing the date of the eviction by the Revenue Department, the Pallavapuram Commissioner shall inform the TANGEDCO to disconnect the Service Connections.
11) On the date of eviction, the Palavapuram Municipality shall provide required JCBs and other vehicles for eviction work.
12) Pallavapuram Municipality shall obtain Police protection for the eviction work to ensure no problems occur.
2. The work as follows has been completed as on date in the PalkeniKulam:
a. Deepening and Desilting work has been completed.
b. Inlet and outlet channels have been identified and restored.18
c. Retaining wall of total 570 Meters, 390 Meters is completed. Laying of Walking Path over the Bund has progressed to 40%.
d. The work of installing the pre-fabricated Box culverts for channels have been completed in the inlet and outlet channels.
e. All Sewage outflows into the area of the PalkeniKulam have been identified and all of them have been blocked and the Houses have been given Connections to the Underground Drainage System. As on date, no sewage is entering the palkeniKulam.
6. Removal of encroachments:
The Joint Committee had included the Tamil Nadu Slum Clearance Board in the Joint Committee in the Sub-Committee headed by the District Collector.
4) Further to the same, meetings were held with the managing Director of TNSCB on various dates and lastly on 08.09.2020 and 10.10.2020. The TNSCB has identified the Tenements in Navalur for the allotment to the encroachers and the encroachers have to remit their contributions for the allotment of the Tenements.
5) The Tahsildar has been requested to issue notices to the encroachers to remit their contributions for the allotment of the tenements along with the notices of Eviction.
6) Notices under the Land Encroachment Act, 1905 have been issued to the encroachers by the Tahsildar Pallavapuram on 05.01.2021. Further actions are waited for passing final orders the Land Encroachment Act.
7. In regard to the Water Quality, the same has been tested by the TNPCB and the report is awaited from them.
8. Works for restoration and beautification of PalkeniKulam:
The entire Water body has been desilted and deepened. Around the Lake, walking path is being formed and the total length of the bund is 570 Meters. The formation of Bund with walking path is under construction and as on date 40% of the work is completed. After the eviction of the 111 encroachers from the PalkeniKulam the said area which is higher than the water spread will be converted into a Green Belt and will be formed into a Park for the use of the Public. The estimated cost of the said work is 92 Lakhs and it includes the strengthening of the Bund, formation of the Walking path over the Bund and the formation of the Park in the evicted area will be taken up after the removal of encroachments."
5. In the mean time, there was a newspaper report published in Times of India, Time City Edition dated 06.01.2021 under the caption "Pallavaram civic body lays road along encroached lake". It is seen from the newspaper report that Pallavaram Municipality had laid roads and installed the street lights in the encroached area along the Paalkeni lake and it was further alleged in the newspaper report that Pallavaram Municipality is trying to legalize encroachment and the entire office needs to revamped to avoid such actions in the future. It was also alleged that the existing lake was renovated two year ago by group of volunteers namely, 'PasumaiPerugaSutham Sei' and now it is again encroached and the sewage is discharged illegally into it.
6. Though, it was mentioned in the report that some work was done but they have not mentioned the time line within which it will be completed. Further, the removal of the encroachment is concerned, they have only mentioned that notice have been issued to the encroachers under the Land Encroachment Act, 1905 dated 05.01.2021 and final orders will be passed in accordance with law.19
7. It is also mentioned in the report that though the Tamil Nadu Pollution Control Board had collected the water sample and sent for analysis and the report is awaited, they have not filed the report in this regard. It is also mentioned that after removing the encroachment, they will convert the same into a green belt and park for the use of the public for which a cost of Rs.92 Lakhs (Rupees Ninety Two Lakhs only) was estimated. But there is no time limit provided for completion of these works. Unless the authorities are coming with some action plan with specific time lines, it will not be possible for this Tribunal to dispose of the case effectively as once it is disposed recording the undertaking made, then this Tribunal will have to call for reports of fulfilment of that undertaking.
8. The Pollution Control Board also did not come with water analysis report to show as to whether the water in the pond has been contaminated or not. Further, independent departments have not filed their status report regarding the action taken to protect the water body as they are expected to protect the environment as per the constitutional mandate under Article 48A of the Constitution of India and such direction was given on the last hearing date but no such response have been filed.
9. So, the committee is directed to consider the newspaper report dated 06.01.2021 referred to above and also file a proper report regarding the time line within which the entire action of removal of encroachment, beautification of the tank etc. will be fulfilled.
10. It may be mentioned here that even in the earlier report they did not mention the extent of the lake and what is the extent of the encroachment etc. So, the committee is directed to submit a proper report mentioning the above facts. They have only reiterated the things mentioned in the earlier report which was extracted in Para 4 of the order dated 16.09.2020 and further progress is not clear from the present report.
11. So under such circumstances, we direct the committee to submit a further report complying with the directions made above and also the official respondents to come with their independent response regarding the action taken by them which are vested under the respective statutes with them to protect the water body.
12. The learned counsel appearing for the 1st respondent submitted that as per the order dated 10.12.2019 this Tribunal had constituted a Joint Committee and made the Commissioner of Pallavaram Municipality as the nodal agency. Since the encroachment will have to be dealt with by the Revenue Department whenever meetings are called for, they are finding difficulties to get the attendance of the revenue authorities and wanted to change the nodal agency.
13. So considering the circumstances, we feel that it is better to change the nodal agency and designate the District Collector, Chengalpet as nodal agency for co-ordination and providing necessary logistics and submission of the report as directed by this Tribunal as the steps regarding eviction of the encroachment and further rehabilitation will have to be done by the revenue department. So, the District Collector, Chengalpet is designated as the nodal agency for this purpose.
14. The committee as well as the official respondents are directed to submit their respective reports and independent response and the status of the protecting the water body on or before 25.02.2021 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 as per Rules.20 21 22 23 24
33. It is seen from the report that certain effective steps have been taken to restore the water body including proceedings for evicting the encroachment either by allotting certain area in some other place or 25 remove them completely from that area.
34. It is also mentioned in the report that work for restoration has been handed over to M/s. Jayam Enterprises Company and the local body has proposed to create park in the evicted area, which will be taken up after removal of encroachments. It is also seen from the report that certain work has been made for improving the condition of this lake.
35. Certain recommendations were also given with certain time line within which the recommendations will have to be implemented. It may also be mentioned here, that as per the decisions of the Hon'ble Apex Court and also various Hon'ble High Courts including the Hon'ble High Court of Madras and this Tribunal, it has been time and again reiterated that there is a duty cast on the State Government, its departments and regulators like Pollution control Board and the local bodies to be proactive in implementing the environmental laws in its letter and spirit to protect environment and avoid the water bodies being polluted as there is a constitutional mandate giving them a responsibility to protect the environment as contemplated under Article 48 (A) of Constitution of India and Right to Clean Environment is a part of Right To Life as enshrined under Article 21 of the Constitution of India. This is being reiterated by the Hon'ble Apex Court as well as this Tribunal in several matters of similar nature.
36. Further, the local bodies and the Tamil Nadu Pollution Control Board (TNPCB) and the District Administration has got their own respective responsibilities under the Solid Waste management Rules, 2016 in implementing the provisions of those rules, in its letter and its spirit and if that is implemented strictly, then the possibility of discharge of untreated sewage and deposit of garbage in water bodies can be completely controlled and prevented. So under such circumstances, the stand taken by the official respondents shifting the responsibility from the one person to another cannot be accepted and it is a joint responsibility of the official respondents namely, the District Administration, Revenue Department, Municipality and the Pollution Control Board to carry out the provisions of all environmental laws in the respective areas in a strict way so that such activities can be curtailed and prevented completely. Under the 26 respective municipal laws, there are provisions for taking action against those persons who are violating the same as well. If those provisions are strictly implemented unauthorised discharge of untreated sewage into the water body can be curbed and that will to a greater extent prevent pollution being caused to the water bodies.
37. So, under such circumstances and also considering the fact that certain improvement has taken place on account of the intervention of this Tribunal and also considering the joint committee report regarding the progress of the work that is being undertaking by the municipality and also the steps taken for removal of encroachment and also removal of garbage that has been dumped in that area and also considering the present quality of water, we feel that accepting the report of the joint committee and giving certain directions for implementing the same in its letter and its spirit within the time frame mentioned there in, this application can be disposed of by giving certain directions.
38. So, the application is disposed of as follows:-
(1) The joint committee report dated nil and received on 01.03.2021 extracted above with the recommendations there in are recorded and accepted.
(2) The authorities mentioned therein namely, the Pallavaram Municipality, Revenue authorities and the Pollution Control Board (PCB) are directed to take appropriate steps to implement the recommendations made by the joint committee in its letter and spirit and complete the same within the time line provided there in so as to save the water body from encroachment and pollution. (3) The Pallavaram Municipality is directed to implement the Solid Waste Management Rules, 2016 and the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 in this area in its letter and its spirit so as to avoid such things being recurring in future.
(4) The Tamil Nadu Pollution Control Board (TNPCB) is directed to monitor the implementation of Solid Waste Management Rules, 2016 in this area and the implementations of the directions made by the Principal Bench of National Green Tribunal in O.A. 606 of 27 2018 in its letter and spirit and if there is any violation found, to take appropriate action for the violation and submit periodical reports to this Tribunal in this regard.
(5) The Pallavaram Municipality is also directed to take steps to provide CCTV Cameras at the vulnerable points to prevent dumping of solid wastes and unauthorised disposal of the sewage by public into the water body as recommended by the joint committee within the time specified there in.
(6) The Revenue authorities are also directed to take steps to complete the eviction of encroachment in "Paalkeni Vinayagar Temple Pond"
within a shorter time after complying the procedure at any rate not beyond the period mentioned by the joint committee as per the provisions of Tamil Nadu Land Encroachment Act, 1905 for which we don't think that so much time is required for that purpose if there is political will to protect the water body.
(7) The Pallavaram Municipality, the District Collector, Chengalpet District and the Tamil Nadu Pollution Control Board (TNPCB) are directed to file the periodical report till the implementations of the recommendations for restoration of the tank to its original position made by the Joint Committee referred above once in three months before this Tribunal by e-filing etc. (8) The Pollution Control Board is also directed to conduct the periodical inspection of the lake, take water samples and conduct water analysis so as to ascertain as to whether there is any further improvement in the water quality or further contamination and if there is any, further contamination and the pollution still continues, take appropriate action against those persons who are responsible for the same in accordance with law.
(9) The office is directed to place the periodical reports as and when received before the Tribunal for passing appropriate further directions if any, required, in this regard.
(10) So considering the circumstances parties are directed to bear the respective cost in the application.
(11) The Registry is directed to communicate this order to the members of the committee and the official respondents mentioned above and also to the Chief Secretary, State of Tamil Nadu and the Principal Secretary of revenue and the local administration for their information and compliance of the direction.28
39. With the above directions and observations, the application is disposed off.
..............................J.M (Justice K. Ramakrishnan) .............................E.M. (Shri. SaibalDasgupta) O.A.No.173 of 2015 05 March 2021 Sr. 29