National Green Tribunal
Mr.Sp.Surendranath Karthik vs Chairman Pallavaram ... on 12 April, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.06:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 37 of 2012 (SZ)
(Through Video Conference)
IN THE MATTER OF
S.P. Surendranath Karthik
...Applicant(s)
Versus
The Chairman,
Pallavaram Municipality and others.
...Respondent(s)
Date of hearing: 12.04.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. MR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Ms. Srinithi represented
M/s. Kaushik Narain Sharma.
For Respondent(s): Mr. C. Kasirajan through
Ms. D. Ashwini for R2 & R3.
Dr. V.R. Thirunarayanan for R5 to R11.
Mr. D.S. Ekambaram through
Mrs. Jeyalakshmi for R4.
1
ORDER
1. As per order dated 10.03.2021, this Tribunal had considered the Joint Committee report e-filed on 28.02.2021 which was extracted in Para 3 of the order and thereafter, passed the following order:-
"3. It is seen from the report that there are lot of things are yet to be carried out by each department. The legacy waste that is now found in the Pallavaram Periya Eri as on 23.02.2021, the bio mining work has been completed as per the estimate i.e., total volume of 1,08,000 cubic meters have been mined. But they have not mentioned what is the total extent of waste and what is the remaining waste. But they have only mentioned that it will completed by 31.03.2021, There are contradictory statements regarding the disposal of legacy waste and the time line provided in the body of the report and in the recommendations portion.
4. It is also mentioned in the report that apart from the regular dumping, waste is being dumped in the southern part of the water body that gave rise to the cause of action by the applicant for filing this application.
5. The Pallavaram Municipality has not filed any independent statement as to how they are going to resolve the issue permanently. They cannot come with an excuse that since in Vengadamanglam dump yard this Tribunal had restrained them from further dumping, they have no other options to do it in the place available. Water body is not a place which has to be used as dumping yard and it can be only used as a water storing reservoir even if it is not being used for any other purposes.
6. The Tamil Nadu Pollution Control Board (TNPCB) is also as a regulator in implementing the Solid Waste Management Rules, 2016 expected to come with an independent report as to how far the implementation of Solid Waste Management Rules, 2016 is being carried out in Pallavaram Municipality and if there is any gap of non-compliance of the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018, what is the nature 2 of action taken by the Tamil Nadu Pollution Control Board (TNPCB) in this regard is also not clear from the report.
7. The Pallavaram Municipality as well as the Tamil Nadu Pollution Control Board (TNPCB) are directed to file their independent status-cum-action taken report to resolve the issue permanently apart from carrying out the recommendation made by the Joint Committee.
8. The District Collector also has a role to play in implementation of Solid Waste Management Rules, 2016 as under
Rule 12 of the said rules, if there is any logistics or other gap required to be fulfilled for implementation of the same, it is for them to provide the necessary guideline as to how this can be carried out and find out solutions for resolving the issue permanently and see that the role is implemented in its letter and spirit in their respective jurisdiction.
9. The District Administration also has a duty when there is an encroachment and they will have to be pro-active in co-
ordinating with the persons responsible for taking steps to effectively remove the encroachment and to protect the water body also.
10. It is seen from the report that in 2009 some survey was conducted and some encroachments were identified. But they have not mentioned what is the nature of steps taken by them since 2009, till today to remove the encroachment and restore the water body. Further action plan of protecting the water body can be possible only if, the encroachments' are completely removed is the observation made by the committee in the report for which they require six months to one year.
11. The District Collector is also expected to come with the detailed report as to what are all the steps taken by the Revenue Department for the purpose of implementing the recommendations made by the committee in order to protect the water body against pollution and the encroachment.
12. The Tamil Nadu Pollution Control Board (TNPCB) is also directed to conduct the periodical inspection and collect water sample to find out as to whether the water quality is being improved 3 or being further contaminated and if that be the case of source for contamination and the remedial measures to be taken.
13. The Tamil Nadu Pollution Control Board (TNPCB), the District Collector and the Pallavaram Municipality are directed to file their independent action taken reports for implementing the recommendations of the Joint Committee.
14. The counsel appearing for the applicant wanted for some time to file their objection to the report and the applicant is also at liberty to file their objection before the next hearing date.
15. The committee as well as the Tamil Nadu State Pollution Control Board, the officials mentioned above, are also directed to submit the further status-cum-action taken reports as directed by this Tribunal on or before 12.04.2021, by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules."
2. The matter was posted to today for consideration of further action taken report and objection, if any, to the Joint Committee report.
3. When the matter came up for hearing today through Video Conference, Ms. Srinithi represented Mr. Kaushik Narain Sharma, counsel appearing for the applicant. Mr. C. Kasirajan through Ms. D. Ashwini represented respondents 2 & 3, Dr. V.R. Thirunarayanan represented respondents 5 to 11 and Mr. D.S. Ekambaram through Mrs. Jeyalakshmi represented 4 th respondent.
44. The Tamil Nadu Pollution Control Board (TNPCB) had filed their report dated Nil e-filed on 09.04.2021 and received today which reads as follows:-
"Report filed on behalf of the 2nd and 3rd respondents Tamil Nadu Pollution Control Board I, Tmt. R. Sarasavani, Daughter of Thiru. Raghavan, Hindu, aged about 55 years, having my office at No.76, Mount Salai, Guindy, Chennai - 32, do hereby solemnly affirm and sincerely states as follows:-
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai -32, and I am filling this Respondent on behalf of the 2nd and 3rd respondent, 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 applicant Mr. S.P. Surendranath Karthick, Madipakkam, Chennai has filed Original Application No.37 of 2012 (SZ) before the Hon'ble NGT (SZ) Chennai regarding dumping of Municipal Solid Waste by Pallavaram Municipality in Pallavaram Periya Eri comprised in Survey No.432 having an extent of 300 acres.
3. It is respectfully submitted that, the Hon'ble NGT (SZ) in its orders dated 10.03.2021 directed inter alia as follows:-
"Para 6: The Tamil Nadu Pollution Control Board (TNPCB) is also as a regulator in implementing the Solid Waste Management Rules, 2016 expected to come with an independent report as to how far the implementation of Solid Waste Management Rules, 2016 is being carried out in Pallavaram Municipality and if there is any gap of non-compliance of the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018, what is the nature of action taken by the Tamil Nadu Pollution Control Board (TNPCB) in this regard is also not clear from the report.
Para 7: The Pallavaram Municipality as well as the Tamil Nadu Pollution Control Board (TNPCB) are directed to file their independent status-cum-action taken report to resolve the issue 5 permanently apart from carrying out the recommendation made by the Joint Committee.
Para 12: The Tamil Nadu Pollution Control Board (TNPCB) is also directed to conduct the periodical inspection and collect water sample to find out as to whether the water quality is being improved or being further contaminated and if that be the case of source for contamination and the remedial measures to be taken.
Para 13: The Tamil Nadu Pollution Control Board (TNPCB), the District Collector and the Pallavaram Municipality are directed to file their independent action taken reports for implementing the recommendations of the Joint Committee.
Para No.15: The committee as well as the Tamil Nadu State Pollution Control Board, the officials mentioned above, are also directed to submit the further status-cum-action taken reports as directed by this Tribunal on or before 12.04.2021".
4. It is respectfully submitted that in compliance of the said order dated 10.03.2021, the following facts are submitted:
Pallavaram Municipality generates solid waste of 104 T/day of which Biodegradable Waste is 44 MT/day & Non Biodegradable Waste is 60 T/day.
The local body is having Micro Composting Centres at 7 locations to process 26.7 T/day of compostable waste for which authorisation has been issued by the TNPCB vide Board Proc. Dated 31.03.2020.
The local body is having 22 numbers of Onsite Composting Centres to handle biodegradable waste of 17.3 tons/day. Of the 60 MT/day of Non biodegradable waste, saleable waste such as plastics, glass bottles and metals of 10 MT/day are sold to the recycling facility. Garden waste and Coconut shell of 10 MT/day are being sent to garden waste processing facility at Perungudi operated and maintained by the Greater Chennai Corporation and the remaining 40 MT/day of Non biodegradable waste is taken to the Ganapathipuram Transfer Station, from where the same is transported to the Kodungaiyur dump site of the Greater Chennai Corporation.6
Pallavapuram Municipality earlier transported the Non biodegradable solid waste to the Integrated Municipal Solid Waste Processing facility at Vengadamangalam Village, Vandalur Taluk, Chengalpattu District and dumped in the premises of the said facility. The Hon'ble National Green Tribunal in the Original Application No.208 of 2017 dated 16.12.2019 directed the local bodies Tambaram, Pallavapuram, Sembakkam Municipalities not to use the said area for further dumping. Thereafter the local body is disposing the same through the Chennai Corporation in the said dumping yard.
5. It is respectfully submitted that in due compliance of the orders of the Hon'ble National Green Tribunal, water samples and soil sediment samples were collected by the officials of Tamil Nadu Pollution Control Board from the Pallavaram Periya Eri in Pallavaram on 08.08.2020. The report of analysis of the water samples revealed that the physic chemical parameters analysed satisfy the inland surface water standards prescribed by the Board and the bacteriological parameters, Total Coli form and the Faecal coliform meet the Primary Water Quality Criteria for bathing waters prescribed by the Central Pollution Control Board. The result of analysis of the physic chemical parameters of the water samples and soil sediments and Bacteriological parameters of water samples collected from the Pallavaram Periya Eri is enclosed.
6. It is respectfully submitted that the Hon'ble NGT, Principal Bench, New Delhi vide order dated 02.07.2020 in O.A. No.606 of 2018 has directed the State Pollution Control Boards to assess and recover interim compensation against the local bodies with respect to non-compliance of solid waste management rules, 2016 and for continued failure on commencing the work of legacy work sites remediation from 01.04.2020.
7. It is respectfully submitted that 40 MT/day of non- biodegradable waste generated at Pallavaram Municipality is taken to the Ganapathipuram Transfer Station, from where the same is transported to the Kodungaiyur dump site of the Greater Chennai Corporation in an unscientific manner. Hence, the Board has 7 assessed an interim environmental compensation of Rs.11 Lakhs for the period from April 2020 to February 2021 for non implementing the SMW Rules properly.
8. It is respectfully submitted that show cause notice has been issued to the Commissioner, Pallavaram Municipality under Section 5 of the Environment (Protection) Act, 1986 as to why the Board shall not levy an interim environmental compensation of Rs.11,00,000/- Lakhs (from April 2020 to February 2021) for the non-compliance of Solid Waste Management Rules, 2016 vide Board proceedings dated 19.03.2021.
Aslo, directions under Section 5 of the Environment (Protection) Act, 1986 has been issued to the Commissioner, Pallavaram Municipality subject to comply the following conditions vide Board proceeding dated 19.03.2021 as follows:
(i) The Municipality shall comply with the provisions of Solid Waste Management Rules, 2016 and shall comply with the orders passed by the Hon'ble NGT in O.A. No.606 of 2018 from time to time.
(ii) The Municipality shall ensure 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection, processing and disposal by complying with the provisions of the Solid Waste Management Rules, 2016.
(iii) The Municipality shall ensure to prevent dumping of solid waste at the Pallavaram Periya Eri at any circumstances.
(iv) The Municipality shall ensure that the legacy waste at the Pallavaram Periya Eri shall be remediated/ bio mined completely within six months in accordance with the provisions of SWM Rules, 2016.
(v) The Municipality shall levy fine on the violators dumping solid waste in the Pallavaram Periya Eri and other waste bodies in their jurisdiction under Local Body Acts.
(vi) The Municipality shall dispose the recyclable solid waste through authorized recycling facilities and non-recyclable solid was through co-processing in cement kilns or through waste to energy plants for beneficial use.8
(vii) The municipal shall create awareness regarding the source segregation of the solid wastes and to encourage the public to deposit only segregated wastes and shall deploy sanitary supervisors to conduct various demonstrations regarding the segregation of the solid wastes and to demonstrate the home composting process to the residents in all the residential areas in its jurisdiction.
(viii) The Municipality shall provide dedicated CCTV camera within six months at the vulnerable points to prevent the dumping of solid waste by the public.
(ix) The municipality shall establish the construction and demolition waste management facility within the premises of the Vengadamangalam Solid Waste processing facility as reported with necessary control measures within six months after obtaining necessary consent from the competent authorities.
(x) The municipality is liable to pay Environmental Compensation for non-compliance of conditions stipulated in 1 to 9.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) at Chennai may be pleased to 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. The Pallavaram Municipality also filed their status report dated 08.04.2021 e-filed on 09.04.2021 and received on the same date which reads as follows:-
"Report filed by the 12th respondent I, Mathivanan, Son of Chelliah, Hindu aged about 57 years, working as Commissioner, Pallavapuram Municipality, Chennai - 44, do hereby solemnly affirm and sincerely state as follows:-9
1. I am the Commissioner of the Pallavapuram Municipality, the 12th respondent herein and well conversant with the facts of the case from the connected files.
2. It is submitted that the work of remediation of the Periyar Eri at Ganapathypuram, Pallavapuram, has progressed with the Bio- mining process, that was given after a competitive bid.
3. The work involves the Bio-mining of the legacy waste. The work order was issued on 28.09.2018 to M/s. Sigma Global Environ Solutions Pvt. Limited. The time for completion of the work is 12 Months. The work was commenced only 21.01.2020 after erection of machinery and power supply was obtained for the bio-mining works.
4. As on 07.04.2021, the bio-mining work has been completed to the extent of 96% and an extent of 1,03,000 cubic meters out of the total extent of 1,08,000 cubic meters has been mined.
5. The process of segregation of the mined waste is under process and the same has been completed to the entire extent of the mined waste. The balance of 5000 cubic meters will be completely mined and disposed of on or before 30.04.2021. The assessment as to whether any further waste is remaining in the site and the extent if any are being assessed by the CES, Anna University and the said Institution is yet to submit its report.
6. The expected completion of the work is 30.04.2021. The accumulated recovered and segregated waste is to be disposed of as Refuse Derived Fuel (RDF). For this purpose, the agreement has been entered into by the Contractor of Bio Mining namely, M/s. Zigma Global Environ Solutions Pvt. Ltd with ACC Cements Limited, Wadi. The lifting of the RDF has been completed to the extent to the mined and segregated waste as on 07.04.2021.
7. The work undertaken by this respondent as per the work order is only for the bio-mining and the further process of restoring the water body by de-silting and development of facilities will be done by the Public Works Department.
8. Further, it is submitted that the inflow of sewage and solid waste into the lake has been arrested and the work of establishing peripheral drains around the lake has been completed and the pumping of the said inflow of sewage is pumped to the Sewage 10 Treatment Plant. The said project has been combined with Keelkattalai Eri and the work order was issued on 07.02.2018, 23.03.2018 to M/s. D. Thamilrajan & Co.
9. The said project has been completed and the collection mains and pumping systems have come into operation from October 2020. No sewage is now reaching the Periya Eri from that date. Only surface run-off during rains is now reaching the Lake.
10. Short Term report regarding the available further Solid Waste after completion of the Bio-mining of the existing solid waste will be submitted on the receipt of the Report of CES, Anna University.
In the foregoing circumstances, it is prayed that this Hon'ble Tribunal may be pleased to accept the above and pass suitable orders and thus render justice."
6. It is seen from the report submitted by the Pallavaram Municipality that they almost completed 96% of the bio-mining work of total extent of 1,08,000 Cu.m. and the balance 5,000 Cu.m. will be completed by 30.04.2021 and they have already disposed of the segregated waste as on 07.04.2021.
7. It is seen from the report submitted by the Tamil Nadu Pollution Control Board that there are certain directions issued and a show cause notice has been issued as to why compensation of Rs.11 Lakhs should not been recovered from them as directed by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 for the period from April 2020 to February 2021. But it is not clear from the report as to 11 when this notice was issued and what is the further action taken by them in this regard.
8. However, considering the circumstances, we feel that some more time can be granted to the respondents to comply with the directions and carry out the recommendations.
9. The committee is directed to inspect the area in question and submit a further report as to whether the compliance report submitted by the municipality is correct or not and if there is any further things to be done, what is the nature of action to be taken by the respective regulators in implementing the Solid Waste Management Rules, 2016 in that area and if there is any gap in implementation of the same, the committee is also directed to suggest the ways and means to fill up the gap and see that the complaint made regarding non-disposal of the waste in the dumping area is removed completely.
10.It is quite unfortunate that the matter is pending from 2012 onwards and in spite of various directions issued, the complaint made by the applicant has not been redressed so far completely.
11.So, the committee as well as the regulating authorities are directed to come with further report regarding the implementation of the Solid Waste Management Rules, 2016 and removal of waste from that area as directed 12 by this Tribunal on or before 20.05.2021 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.
12.The learned counsel appearing for the State departments submitted that they have already forwarded the project report for remedying the situation permanently at an estimated cost of Rs.200 Crore and funds will have to be provided by the Government for that purpose.
13.It may be mentioned here that it has been specifically reiterated by the Hon'ble Apex Court that non-availability of fund is not a ground for postponing the activities of preventing pollution being caused to the environment, as it is likely to affect the health of the people and providing clean air and environment is part of right to life as enshrined under Article 21 of the Constitution of India.
14.It is for the Government machineries to find out their own source for protecting the interest of the people and that cannot be a ground for postponing the responsibility of protecting environment and the State Government is also directed to find out the ways and means to implement the project, if any, submitted by the local body for meeting the situation at the earliest.
1315.The Registry is directed to communicate this order to the committee members as well as to the official respondents including the District Collector, Tamil Nadu Pollution Control Board (TNPCB), Pallavaram Municipality and also the Chief Secretary, State of Tamil Nadu, Principal Secretaries of Environment, Local Administration, Public Works Department, Irrigation Department and Revenue Department by e-mail immediately for their information and compliance of the direction.
16.For consideration of further action taken report and status report, post on 20.05.2021.
Sd/-
....................................J.M. (Justice K. Ramakrishnan) Sd/-
..................................E.M. (Shri. Dr. K. Satyagopal) O.A. No.37/2012 12th April, 2021. Mn.
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