National Green Tribunal
National Green Tribunal Southern Zone vs The Secretary To Govt. Of Tamilnadu ... on 25 June, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.10 & 11:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.61 of 2020 (SZ)
With
Original Application No.54 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
S.P. Surendranath Karthik
...Applicant(s)
Versus
The Secretary,
Indian Railway Welfare Organisation
and others.
....Respondent(s)
With
Tribunal on its own motion
Suo Motu based on the News item in
Dinamalar Newspaper dt. 02.03.2020, Chennai
Supplementary, "Ambattur Lake getting polluted
due to sewage water"
... Applicant(s)
Versus
The Secretary to Govt. of Tamil Nadu,
Public Works Department,
Chennai and Ors.
...Respondent(s)
Date of hearing: 25.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
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O.A. No.61/2020:
For Applicant(s): Ms. R. Srinithi represented
Mr. Kaushik N Sharma.
For Respondent(s): Mr. Arun represented
Mr. C. Harsharaj for R2, R4, R6, R7.
Mr. C. Kasirajan through
Ms. D. Ashwini for R3, R5.
O.A. No.54/2020:
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mr. Arun represented
Mr. C. Harsharaj for R1 to R5, R9.
Mr. C. Kasirajan through
Ms. D. Ashwini for R6.
ORDER
1. As per order dated 27.01.2021, this Tribunal had considered the inspection report of the Joint Committee signed by some of the members on 28.08.2020 and 29.08.2020 respectively e-filed on 11.01.2021 and received on 18.01.2021 which was extracted in Para 3 of the order and then, passed the following order:-
"4. The report was seen signed during August 2020, though it was filed before this Tribunal only on January 2021. Even as per the report, certain short term measures will have to be completed within 3 months, 1 month, 1 week and 6 months respectively. Though almost 4 months have lapsed, after preparation of the report, it is not known as to whether the short term measures that has been suggested by them have been complied with by the concerned authorities who are expected to take action as per the recommendations.
5. Even as regards the long term action plan, they have not come with the concrete proposal as to how they are going to Page 2 of 15 implement the same and what are all the steps taken by them for this purpose.
6. Though it was mentioned in the report that water samples were taken during the last visit, but they have not mentioned anything about the result of the analysis so as to ascertain as to whether any contamination exist or not and if there is any contamination, what are all the remedial measures to be taken to resolve the issue.
7. The learned counsel appearing for the applicant wanted some time for filing objection to the report as well. So we feel that it is better to get a status report from the authorities who are expected to implement the recommendations to come with a proper status report including the proposed action plan that they are going to take for implementing the recommendations with shorter time line than the time line provided in the recommendation and if the temporary measures are not efficacious and efficient, then they will have to go for the long term measures to be completed within a shorter time line.
8. The learned counsel appearing for the local bodies submitted that if some time is granted, they will come with status report and action plan for implementation of the recommendations as directed by this Tribunal.
9. The District Collector as well as the Executive Engineer of Public Works Department are also directed to file their independent report regarding the steps taken from their side for surveying the land and action for eviction of encroachment before the next hearing date.
10. The committee is also directed to submit the water analysis report to find out as to whether there is any contamination of water and if so, what are all the remedial measures to be taken to rectify the same as well. So under such circumstances, we feel that some more time can be granted to the committee as well as to the individual respondents to file further report and status report as directed.
11. The Pollution Control Board is also directed to submit an independent report as to whether they have taken any independent action for non-compliance of the Solid Waste Page 3 of 15 Management Rules, 2016 in their respective area which is supposed to be the cause for pollution of the lake and also complying with the directions of the Principal Bench in O.A. No.606 of 2018 by the local bodies and if not, what is the action taken by them regarding this aspect. They are also directed to file an independent report before the next hearing date including the report of the analysis of the water sample already taken.
12. The committee as well as the official respondents are directed to file their independent response and status report as directed apart from the committee filing the report 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."
2. The case was posted to 25.02.2021 for filing further reports and objections (if any) to the report. Thereafter, the matter has been adjourned from time to time by successive notifications and lastly, it was adjourned to today as per notification dated 01.06.2021.
3. When the matter came up for hearing today through Video Conference, Ms. R. Srinithi represented Mr. Kaushik N. Sharma for the applicant in O.A. No.61/2020. Mr. Arun represented Mr. C. Harsharaj for respondents 2, 4, 6 & 7 in O.A. No.61/2020 and respondents 1 to 5 & 9 in O.A. No.54/2020, Mr. C. Kasirajan through Ms. D. Ashwini represented respondents 3 & 5 in O.A. No.61/2020 and 6th respondent in O.A. No.54/2020.
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4. The Tamil Nadu Pollution Control Board has submitted a report signed on 05.03.2021 e-filed on 09.03.2021 and received on 10.03.2021 which reads as follows:-
"REPORT FILED ON BEHALF OF THE RESPONDENT TAMIL NADU POLLUTION CONTROL BOARD.
I, S. Ragupathi, son of R.Sanganan, Hindu, aged about 56 years, having my office at No.76, Mount Salai, Guindy, Chennai-32, do hereby solemnly affirm and sincerely stats as follows:
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai-32, and I am filing this Report on behalf of the Tamil Nadu Pollution Control Board and as such I am well acquainted with the facts of the case as per the records.
2. It is respectfully submitted that the Hon'ble NGT in its order dated 06.03.2020 in 0.A. No. 54 of 2020 and directed inter alia as follows:
Before proceeding further, we feel it appropriate to appoint a Joint Committee comprising of the District Collector, Chennai, District, The Tamil Nadu Pollution Control Board, Engineer- in Chief, Water Resources Organisation (WRO) Public Works Department (PWD), the Commissioner, Greater Chennai Corporation, Officer, Chennai Metropolitan Water Supply & Sewerage Board to enquire in the matter and submit a detailed status as well as action taken report including removal of encroachment and preventing discharge of untreated sewage into the lake to save the lake from pollution. They are also directed to prepare an action plan, with remediation measure required to improve the water quality if it is already polluted.
3. It is submitted that in order to comply the said order, the Joint Committee has conducted an inspection on 28.08.2020 in the area of Ambattur Lake in question and submitted the report as follows:
The Ambattur lake is situated in S.F. No.582/2A of Ambattur Village in Ambattur Taluk of Thiruvallur District. Ambattur lake has two surplus weir and a free catchment Page 5 of 15 area of 1.13 Sq.Km. as per memoir. As per memoir, the water spread area is 156.55.0 Ha and maximum discharge is 1180 Cusecs and the capacity of the tank is 232 mcft.
During the inspection the following observations were made by the Joint Committee during the site visit:
i. The surplus water from the weir of the Ambattur lake leads to Korattur Lake. Also the lake has a bund length of 300 m around the lake. It is located near the tail end of the Kosasthalaiyar River and also is located at the end of Kosasthalaiyar Basin.
ii. The committee observed that no irrigation activities are being carried out due to urbanisation.
iii. The committee observed that sewage/sullage water are being let into the Ambattur lake near plot No.4861, 7904, 8067 and 12th main road of Housing Board, Ayapakkam form the existing drainage constructed by the Housing Board, Ayapakkam.
iv. TNHB common STP provided for the treatment of sewage generated form Ayyappakkam TNHB was in operation.
v. It is also observed that sewage/sullage water are being let into the Ambattur lake directly through earthen drain in the areas of Moontrunagar and Ganapathy Nagar in Thirumullaivoyal village. vi. The public works department stated that nearly 1200 houses were evicted in the year 2008 in the eastern side of the lake and 150 houses were evicted in the year 2018 in the southern the lake i.e., in Ayappakkam road.
vii. The committee observed that there are some temporary thatched houses are existing in the foreshore area of the lake in Moontrunagar and Ganapathy Nagar.
viii. Water sample from Ambattur lake to ascertain the water quality was collected by the committee and sent to the TNPCB lab for analysis. Also, the committee observed that there was no discharge of Industrial Effluent into Ambattur Lake.
ix. The Committee instructed the corporation to check if any other sewage inlets being let into the lake.
x. The committee instructed the Revenue Department to list out the encroachment details in the foreshore area of lake. The encroachments in the form of thatched roofs, titled roofs, and Page 6 of 15 shed in the foreshore of the lake in Moontru Nagar and Ganapathy Nagar area in Thirumullaivoyal Village.
xi. The committee instructed the Revenue Department to take necessary steps to issue the form I & II notices to the encroachments.
Xii. The Tahsildhar, Avadi is hereby instructed to survey the field and demarcated the boundaries of the lake and ensure the above encroachments as on now.
4. It is further submitted that the Hon'ble NGT in its order dated 27.01.2021 in O.A. No. 61 Of 2020 (SZ) with O.A. No. 54 of 2020 (SZ) has observed that:
"..... 11. The Pollution Control Board is also directed to submit an independent report as to whether they have taken any independent for non-compliance of the Solid Waste Management Rules, 2016 in their respective area which is supposed to be the cause for pollution of the lake and also complying with the directions of the Principal Bench in O.A. No.606 of 2018 by the local bodies and if not, what is the action taken by them regarding this aspect. They are also directed to file an independent report before the next hearing date including the report of the analysis of the water sample already taken.
12. The committee as well as the official respondents are directed to file their independent response and status report as directed apart from the committee filing the report on or before 25.02.202".
5. In pursuance to the said order of the Hon'ble Tribunal action taken by the TNPCB is as follows:
i. The Ambattur Lake area was inspected by the DEE, Tiruvallur inspected on 06.02.2021 along with BDO, VillivakkamPanchayat Union and Municipal Engineer, Avadi City Municipal Corporation. During inspection the following were observed:
Status of Compliance regarding discharge of Sewage/Sullage into the Ambattur Lake pertaining to the jurisdiction of O/o DEE, Thiruvallur:Page 7 of 15
Status on compliance of Short Term Plan as recommended by the Joint Committee pertaining to the local bodies (BDO Villivakkam& Executive Engineer, Housing Board, Ayapakkam Scheme and Commissioner, Avadi City Municipal Corporation S. No. as Description of Department Present Status per the Work Joint Committee Report
1. Plugging the Block The illegal sewage inlets illegal sewage Development near plot No.4861, 7904, inlets near plot Officer, 8067 and 12th Main Road of No.4861, 7904, Villivakkam& Housing Board, th 8067 and 12 Executive Ayappakkam were plugged Main Road of Engineer, and presently there is no Housing Housing sewage inlet into the Board, Board, Ambattur Lake.
Ayappakkam Ayappakkam Further, during inspection it and ensure the Scheme. will noticed that the STP maintenance of provided for the treatment STP Plant, of sewage generated from Ayappakkam. the TNHB Housing Board, Ayappakkam was in operation.
2. Construction of Commissioner, It was noticed that the sump in Avadi City sewage/ sullage water are Moontrunagar Municipal being let into the Ambattur and Ganapathy Corporation Lake directly through Nagar area in earthen drain in the areas of Thirumullaivoy Moontru Nagar and al village and Ganapathy Nagar in dispose of the Thirumullaivoyal village.
sewage The Avadi City Municipal
periodically. Corporation has not
provided any sump for the
collection of sewage in
Moontru Nagar and
Ganapathy Nagar area in
Thirumullaivoyal Village.
Earlier, TNPCB has issued
direction vide Proceeding
No. TNPCB/Ambattur
Estate/2019-2 dated
04.12.2019 to comply the
following:
Avadi Corporation shall
make necessary provision in
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Periyar Nagar, Sathya
Nagar and Anna Nagar to
pump the sewage into STP
plant so as to stop the
discharge of sewage into
Ambattur Lake.
2. Avadi Corporation shall
ensure that no discharge of
residential sewage into
Ambattur Lake.
4. Providing Commissioner, The Avadi City Municipal
drainage Avadi City Corporation has not
facilities for Municipal provided drainage facilities
the residents of Corporation for the residents of Moontru
Moontru Nagar Nagar and Ganapathy
and Ganapathy Nagar area in
Nagar area in Thirumullaivoyal Village.
Thirumullaivoy
alVillag.
Status on compliance of long term plan as recommended by the Joint Committee pertaining to the commissioner, Avadi City Municipal Corporation:
1. Construction of Commissioner, The Avadi City Municipal underground Avadi City Corporation has not sewage system Municipal provided underground for Corporation. sewerage system for Moontrunagar Moontru Nagar and and Ganapathy Ganapathy Nagar area in Nagar area in Thirumullaivoyal Village.
Thirumullaivoy It was noticed that the
al Village. sewage/sullage is being let
into the Ambattur lake
directly through earthen
drain from the said area.
Earlier directions were issued vide Proceeding
No. TNPCB/Ambattur Estate/2019/2 dated 04.12.2019 to the Commis sioner, Avadi City Municipal Corporation under Section 5 of the Environmental (Protection) Act, 1986 as amended for compliance of Solid Waste Management Rules, 2016 to take necessary action to stop the dumping of solid waste in water bodies and the wastes already dumped at the various places in Periyar Nagar, Sathya Nagar amd Anna Nagar shall be removed immediately. The copy of the Proceeding is submitted herewith, as Annexure - I. Inspite of Page 9 of 15 the above, the Avadi Corporation has not furnished reply to the directions issued.
Further, the following directions were also issued under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 as amended in 1988:
i. Avadi Corporation shall make necessary provision in Periyar Nagar, Sathya Nagar and Anna Nagar to pump the sewage into STP plant so as to stop the discharge of sewage into Ambattur Lake.
ii. Avadi Corporation shall ensure that no discharge of residential sewage into Ambattur Lake.
6. It is respectfully submitted that as per Hon'ble NGT (SZ) order dated 02.07.2020 in O.A. No. 606 of 2018 the Board has issued directions under Section 5 of Environment (Protection) Act, 1986 to the Commissioner, Avadi City Municipal Corporation to remit the interim Environmental compensation of Rs. 8 Lakhs vide Proceeding No. T1/TNPCB/F.32363/SWM/NGT 606 of 2018/2020-2 dated 27.11.2020 for the non compliance of Solid Waste Management Rules, 2016 such as not carrying out 100% segregation of waste at all wards. The copy of the Board's proceeding dated 27.11.2020 is submitted herewith as Annexure - II. The Avadi Corporation has not furnished reply/action taken to comply with the directions issued.
7. It is respectfully submitted that the Commissioner, Avadi City Municipal Corporation vide e-mail dated 15.02.2021 has reported the following on the issues related to discharge of sewage from Moontru Nagar area (Periyar Nagar, Sathya Nagar and Anna Nagar). "The detailed project report for the UGSS left out area survey work has been done by Tamil Nadu Water Investment Company Limited. As of now the survey work and preliminary detailed project report for all works completed and land identification of pumping station and sewage treatment plant is in progress. After completion of land identification for all the detailed project report with cost will be prepared by the Tamil Nadu Water Investment Company Limited for the further approval, the entire project period will be planned on or before 2025".
8. It is respectfully submitted that Water samples were collected from the Ambattur lake on 28.08.2020 during the joint Page 10 of 15 committee inspection to assess the water quality. The Analysis report are enclosed as Annexure- III & IV.The analysis results of the water samples collected by the committee for the parameters such as pH, TSS, BOD, COD, Total Nitrogen, Ammonical Nitrogen &Fecal Coliform indicate that the lake pollution is due to mixing of untreated sewage/sullage from the nearby residential areas.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) at Chennai may be pleased to take this Report on Record and pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice."
5. They also annexed the proceedings initiated by them against the Avadi City Municipal Corporation and also the water analysis report.
6. It is mentioned in the report that there are certain steps taken by the Avadi City Municipal Corporation to resolve the issue and the entire project will be completed on or before 2025.
7. It may be mentioned here that 2025 is a longer period and till then, they cannot be allowed to discharge the sullage and sewage water into the lake, as the water analysis report shows that it is contaminated with sullage and sewage.
8. Though in the earlier report of the Joint Committee, it was stated that the untreated effluents are not coming from the industries, they have not tested the sediment soil from the lake and also the inlet and outlet of the Page 11 of 15 estates to ascertain as to whether there is any possibility of discharge of effluents in other modes so as to reach the water body.
9. They had also not mentioned about the effluent standard of inlet and outlet of the treatment plants, if any, maintained by the industrial units and how the treated water is being used by them, if they are following the Zero Liquid Discharge System.
10.The Avadi City Municipal Corporation also did not come with any detailed report to this Tribunal regarding the nature of steps taken by them to resolve the issue.
11.The committee has also not filed their further report as directed by this Tribunal, as certain short term measures were provided and the time provided for that purpose has already expired.
12.The Tamil Nadu Pollution Control Board was directed to verify these aspects while filing their independent statement before this Tribunal being the regulator.
13.According to the learned counsel appearing for the applicant in O.A. No. 61/2020, apart from discharging the untreated sullage and sewage, they are dumping the solid waste also into the lake. Page 12 of 15
14.So, we direct the Joint Committee, Tamil Nadu Pollution Control Board and the Avadi City Municipal Corporation to file a further report, further action taken and further status report respectively regarding the steps taken by them to remedy the situation permanently. This is a general scenario as far as water bodies are concerned. Where the complaints of dumping of garbage and discharge of untreated effluents including sullage and sewage is being made, several such cases have been considered by this Tribunal either on the basis of the newspaper report or on the basis of the applications filed by the parties concerned. In all those cases, local bodies are coming with a defence that they are in the process of providing Underground Sewage System, for which, DPRs have been prepared and awaiting either for sanction or financial crisis.
15.So under such circumstances, we feel that it is necessary to form a committee of higher officials under the chairmanship of Additional Chief Secretary for Municipal Administration. The Principal Secretary for Environment, Revenue & Public Works Department can be the other members to look into the issues and take necessary steps to co-ordinate with the necessary stakeholders and arrange for funds to resolve the issue within a reasonable time frame, otherwise, the polluted water, which is being used for drinking and other purposes will affect the health of the people.
Page 13 of 15
16.The Joint Committee constituted earlier is also directed to ascertain the allegations made by the counsel appearing for the applicant in O.A. No.61/2020 that the solid waste is also being dumped in the water body and if such violation is found, they are directed to take appropriate action against the persons who are responsible for the same and submit an action taken report in this regard before this Tribunal.
17.For the purpose of implementing the directions more effectively, we feel it appropriate to implead the Director of Municipal Administration, Chennai as additional respondent in O.A. No.54/2020. So, the Director of Municipal Administration, Chennai is impleaded as additional 10th respondent in O.A. No.54/2020 and the office is directed to carry out the amendment in the cause title.
18.The learned counsel Mr. Arun on behalf of Mr. C. Harsharaj took notice for the additional 10th respondent as well.
19.The Committee of higher officials as well as the other official respondents mentioned above are directed to file their respective reports to this Tribunal on or before 05.08.2021 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. Page 14 of 15
20.The Registry is directed to communicate this order along with the earlier orders passed by this Tribunal and the copy of the newspaper report and also the gist of the Suo Motu proceedings to the newly impleaded additional 10th respondent for their information and for complying with the directions issued by this Tribunal, apart from communicating this order to the members of the committee and also to the official respondents immediately by e-mail so as to enable them to comply with the direction.
21.For consideration of further reports, post on 05.08.2021.
Sd/-
..................................J.M. (Justice K. Ramakrishnan) Sd/-
...........................E.M. (Dr. K. Satyagopal) O.A. No.61/2020 & O.A. No.54/2020, 25th June, 2021. Mn.
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