National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 20 May, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.05: Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 99 of 2020 (SZ)
IN THE MATTER OF:
Tribunal on its own motion SUO MOTU
Based on the News Item in the Dinamalar Chennai
Edition dated 03.07.2020, "When will the sluices of
Mudichur Big Lake be set right".
With
1. The Principal Secretary to Government
Public Works Department,
Secretariat, Fort St. George
Chennai, Tamil Nadu 600 009.
2. The Secretary to Govt. Of Tamil Nadu
Department of Environment,
Govt. Secretariat, Fort, George
Chennai, Tamil Nadu 600 009.
3. Additional Chief Secretary to Govt. of Tamil Nadu
Municipal Administration and Water Supply Department,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600 009.
4. The Chairman
Tamil Nadu Pollution Control Board
No. 76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600 032.
5. The District Collector
Chengalpet District,
Collector Office, GST Road,
Chengalpattu, Chennai, 603 001.
6. Perungalathur Town Panchayat
Rep. by its Executive Officer,
20, Kamarajar Nedunchalai,
Perugalathur, Chennai 600 063.
Page 1 of 21
7. St. Thomas Mount Panchayat Union
Rep. by its Block Development Officer,
20, Chitlapakkam Main Road, Kamaraj Colony,
Nehru Nagar, Chitlapakkam, Chennai 600 064.
8. Mudichur Village Pandhayat
Rep. by its Secretary,
Mudichur Road, Mudichur,
Chengalpattu, Tamil Nadu 600 048.
9. Tambaram City Municipal Corporation
Rep. by its Commissioner,
No.1, Muthuranga Mudali Street,
Tambaram West,
Chennai - 600 045.
(R9 Suo Motu impleaded as per Order of this Tribunal dt.25.03.2022)
...Respondent(s)
Date of Judgment: 20th May 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R3 & R5 to R8.
Mr. S. Sai Sathya Jith for R4.
JUDGMENT
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in Dinamalar Chennai City Supplement Edition, dated 03.07.2020 under the caption "Kbr;#u; ngupa Vup kjFfs; rPuikg;G vg;NghJ?" (When Will the Sluices of Mudichur Lake be set right?).
2. It was alleged in the newspaper report that Mudichur Lake is situated in Tambaram and spread over an extent of 112 Acres having a water storing capacity of 17 Million Cubic Feet. Due to the formation of Vandalur -
Page 2 of 21Meenjur outer ring on the Western side of the lake, 20% of the water catchment area has been reduced. According to the newspaper report, during 2014-2015, desilting work in the lake to an extent of 8 feet depth was done by the Public Works Department. But thereafter, no further maintenance or desilting work was done. The lake's surplus weirs and sluices are in damaged condition, thereby inflow and out flow from the lake were not properly maintained. Though lot of demands were made for maintaining the lake by the local people, no action was forthcoming from the authorities. Dumping of waste from Perungalathur Town Panchayat has affected the lake in question and it has caused damage to the lake. During the heavy rainfall in the year 2015, excess water from the lake came through the surplus water canal which was blocked by the public by putting up large sand bags.
3. Apart from these, sewage water is being mixed with the water causing pollution to the lake as well. This is being done by the Perungalathur Town Panchayat people. Steps must be taken to prevent the discharge of untreated sewage into the lake and excess water from the Perungalathur Lake during the rainy season has to be channelized to the Mudichur big lake on the Eastern side by cleaning the canals, so as to maintain the water storage system to avoid flood in future. It was also suggested that necessary Sewage Treatment Plant (STPs) have to be established in an environmental friendly manner without affecting or encroaching into the lake to treat the sewage water before it is being discharged into the lake to protect the quality of the water in the lake. Though requests have been made for maintaining the lake and also the weirs and sluices, no steps have been taken by the authorities in this regard, is the grievance reflected in the newspaper report.
4. This Tribunal, by order dated 07.07.2020, admitted the matter and appointed a Joint Committee comprising of (i) the District Collector - Chengalpattu District, (ii) a Senior Officer from the Directorate of Town Panchayats, who is in charge of maintenance of the water bodies in that area, (iii) a Senior Officer from the Tamil Nadu Pollution Control Board nominated by the Chairman, (iv) Block Development Officer, St. Thomas Page 3 of 21 Mount Panchayat Union, and (v) a Senior Officer not below the rank of the Superintending Engineer of Public Works Department (Water Resources Department) to inspect the area in question and submit a factual well as action taken report, if there is any violation found.
5. The Joint Committee was directed to consider the following aspects:-
a. Verify the original extent of the lake as per the revenue records and nature of unauthorised encroachments and if so, what is the action taken?
b. Any pollution is being caused to the lake due to discharge of untreated effluents or sewage into the lake from that area. c. Conduct water analysis test to assess the quality of the water and if it is contaminated, find out the sources of contamination and suggest steps to be taken to restore the same to its original position.
d. Whether there is any scheme launched by the Government or the local authorities for maintaining this water body and if so, its stage of implementation.
e. Assess the environmental compensation, if any damage caused to the lake on account of unauthorised encroachment or by causing pollution to the water in the lake.
f. Ascertain the existence of the inflow and out flow canals and drains which act as a storm water drain to carry excess rain water into the lake and if there is any encroachment or any closure of the same which affects the inflow and outflow, then what are all the steps to be taken to restore the same to its original position and its feasibility?
g. Suggest long-term as well as short-term measures to protect the lake from further encroachment and pollution including establishing bio-diversity parks/tree plantation around the lake and construction of any compound wall or other protective methods to avoid future encroachment and the responsibility of the person who has to carry out the same as well.Page 4 of 21
6. The Water Resources Department was designated as the nodal agency for co-ordination and also for providing necessary logistics for this purpose.
7. Again, the matter was taken up on 20.01.2021, and on that day, this Tribunal had considered the report submitted by the Executive Engineer
- Water Resources Department (Public Works Department), Lower Palar Basin Division, Kancheeepuram, where they wanted some time to file the Joint Committee report and the matter was posted to 25.02.2021 for filing the report. Thereafter, the matter has been adjourned from time to time either by successive notifications or at the request of the State Departments.
8. The matter was taken up on 15.07.2021, and on that day, this Tribunal had expressed its displeasure of not filing the report by the Joint Committee as well as the regulators, and this Tribunal had passed the following order:-
"4. Though the Joint Committee was appointed by this Tribunal as early as on 07.07.2020, the committee has not filed the report so far.
5. The Public Works Department (PWD) had only mentioned that already there is a proposal for rejuvenation of water bodies, for which, Rs.2000 Crore project has been prepared which has to be implemented with funds from the World Bank. But, at the same time, they have not mentioned till that project is finalized and implemented, what will be the regulating mechanism they are going to adopt to resolve the issue, as preparation of project and implementation of the same will take long period of atleast five years. The mechanism to abate the pollution caused to the water bodies cannot wait for such a long time, as it will only increase the health problems in the locality when the water quality in the water bodies are contaminated with the pollutants. Providing clean water to the people is treated as part of Right to Life as enshrined under Article 21 of the Constitution of India, which the Government departments are expected to materialize and execute it.
6. The grievance in this newspaper report appears to be non-maintenance of the sluice of the lake, for which, they need not wait for the project fund to be allotted, which can be taken up under the head of maintenance by the concerned departments. It is not mentioned in the report as to whether any steps have been taken by them to address this grievance.
7. The Public Works Department (PWD) has a duty to protect the water body by taking necessary steps for regular periodical maintenance which will avoid contamination being caused to the water body to some extent.
8. The Additional Chief Secretary for Public Works Department (PWD) is also directed to look into the issue personally and give necessary directions to the authorities who are expected to implement the same and see that the directions issued by this Tribunal are strictly implemented by providing necessary technical as well as financial support for that purpose.
9. The Pollution Control Board being a regulator is also having responsibility of considering the question of pollution being caused to water in the water bodies and to find out the source and to take action against those persons responsible for the same and they will have to submit an independent report to that effect before this Tribunal, but, no such report is forthcoming from the regulators as well.
10. The learned counsel appearing for the State departments as well as the Tamil Nadu Pollution Control Board submitted that if some time is granted, they Page 5 of 21 may be able to file the report as directed.
11. With much reluctance, we grant time to the committee as well as to the official respondents to file their respective reports to this Tribunal and they are directed to submit their respective reports on or before 26.08.2021 by e-filing in the form of searchable PDF/OCR support PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules, failing which, they are directed to appear before this Tribunal through Video Conference on the next hearing date to show cause as to why action should not be taken against them for failure to comply with the directions issued by this Tribunal as contemplated under Section 25 & 28 of the National Green Tribunal Act, 2010.
12. The Registry is directed to communicate this order to the members of the committee, official respondents apart from communicating this order to the Additional Chief Secretary for Municipal Administration and Water Supply, Additional Chief Secretary for Public Works Department (PWD) and also to the Director of Town Panchayat by e-mail immediately for their information and also for taking steps to instruct the subordinate officials to carry out the directions of this Tribunal."
9. The case was posted to 26.08.2021 for consideration of report. The matter was again taken up on 10.11.2021, and on that day, this Tribunal had considered the report submitted by the Tamil Nadu Pollution Control Board singed by the officer on 22.10.2021, e-filed on 26.10.2021 and extracted in Para (3) of the order which reads as follows:-
"3. It is respectfully submitted that the said area was inspected by the joint committee and water sample was collected from the Mudichur lake on 21.01.2021 to assess the quality of water body. The Sample was sent to TNPCB laboratory for analysis for the pollutant parameters such as pH, TSS, TDS, DO, BOD, COD, Heavy Metals, Total Coliform and Faecal Coliform and the analysis report obtained is tabulated below:
Statement showing the value of the Phsico Chemical
parameters analysed
Page 6 of 21
Statement showing the value of the Bacteriological parameters analysed
4. It is respectfully submitted that the report of analysis of the water samples collected from the said water body reveals that pH & Dissolved oxygen and the bacteriological parameter meets the Primary water quality criteria for bathing waters prescribed by Central Pollution Control Board. The parameter of BOD is 12mg/l (Standard-3mg/l or less)."
10. This Tribunal had also considered the status report submitted by the 6 th Respondent dated 24.09.2021, e-filed on 24.09.2021 and extracted in Para (6) of the order which reads as follows:-
"IMPLEMENTATION OF SOLID WASTE MANAGEMENT:
5. After sorting out the waste from the houses comprised in Ward No.1 to 15 of this respondent Town Panchayat the same is sorted out into bio-
degradable and inorganic waste. The bio-degradable waste is reserved for conversion into fertilizer and the inorganic waste are taken to the nearby place namely Gundumedu, which is situated close to Mudichur big lake. Because of this to avoid the pollution in the lake water bio-mining process has to be carried out through private organization. It is estimated that for the purpose of the removal of 17,430 (Seventeen thousand four hundred thirty) cubic meter of waste and amount of Rs. 139 lakhs (Rupees one hundred thirty nine lakhs) may be required. This estimate has to be sent to Anna University and after confirmation the approval from the Government would be obtained. It is respectfully submitted that in this manner the entire waste would be removed in toto.
6. Further to avoid rain water from the areas of this respondent getting mixed with the sewerage after ascertaining the exact quantity of both rain water and the sewerage a suitable area will be identified for the purpose of putting up a sewerage cleaning station/Treatment plant an estimate will be prepared and thereafter the Government approval will be obtained. In this money the process of cleaning the sewerage and to discharge the same in a safe manner all necessary steps will be taken. It is submitted that this will ensure that there will not be any problem arising out of mixing of sewerage and rain water.
7. The total population of the Town Panchayat, Perungalathur is 50390 and there are about 12558 households. The daily collection of bio-degradable waste is 6 tones and the non-biodegradable waste collected from the Co is 1.50 tons per day. The non-biodegradable waster collected from common areas, highways places were people assemble is 2.5 tons.
8. During the afternoon 2.5 tones of waste is collected through 4 tractors and 1 lorry in from 1 to 15 wards. We also remove 1/2 ton of soil is from drainage and placement in Survey No. 365/A1 Resource Recovery Park has been put up. There are about 24 vermic compost cubicles have been put up, Window Platform, Storage room and machineries are also provided and 50 bamboo and neem trees have been plotted.
9. The further details of various connected works and the source of expenses are as follows:
(a) 65 - Green Friends, 7- Supervisors, 2- Coordinators, 1-Circle Supervisor are the number of solid waste Development Personal deputed and 30 Page 7 of 21 Sanitary workers from Town Panchayat. (b) 12558 houses contribute Rs. 10/-
each for month, which is collected along with Property Tax. (c) Rs.8,500/- (Rupees eight thousand five hundred only) the salary for each person engaged in waste collection from the houses. (d) In workshop Rs.8,500/- (Rupees eight thousand five hundred only) per month per person. (e) Supervisor it is Rs. 12,000/- (Rupees twelve thousand only) per month. (f) Further for all the employees once in a month medical camp is being conducted. (g) For all employees four numbers of soap is given and for all the employees 2 sets of uniforms, free masks and hand gloves are being given;
LIQUID WASTE DISPOSAL:
(h) In connection with the preparation of estimate for putting up SIP and the same for the purpose of disposing the drainage water measuring about 1.5 MLD out of the use by 30000 (Thirty thousand) people residing in this locality are to be carried out. This proposal will be forwarded to the Government for consideration. (i) For the employees coming from other places residential spaces are arranged. (j) An amount of Rs.35,000/- (Rupees thirty five thousand only) is earned annually from converting and selling about 7500 kgs of manure from Degradable Bio waste.. (k) Penalties collected through plastic usage ride conducted at hotels and commercial establishment i.e. Rs. 7500/- per annum.
LIQUID WASTE DISPOSAL:
(1) In connection with the preparation of estimate for putting up STP and the same for the purpose of disposing the drainage water measuring about 1.5 MLD out of the use by 30000 (Thirty thousand) people residing in this locality are to be carried out. This proposal will be forwarded to the Government for consideration. (m)For the employees coming from other places residential spaces are arranged.
10. For the production of 4 kg watts of electricity from and out of the food waste of about 200 kgs per day. The fuel for production of electricity is being manufactured
11. It is further submitted that the details of the process involved in removal of the dumbed waste and ( Proposal for STP is enclosed as annexure to this Status Report. It is submitted to over come this issue the following 3 items are essential (a) Successful implementation of solid waste Management (b) removal of dumped waste by Bio-mining, (c) treatment of sewage water by installing STP for quantity 1.5 MLD treatment.
12. It is respectfully submitted that towards the construction of cut and cover drains at an estimation of Rs. 120 lakhs (Rupees one hundred twenty lakhs) are in progress at Kannan Avenue area which is nearing completion. Further a proposal of cut and cover drains forwarded to Government for approval at Thangaraj Nagar Extension area at a cost of Rs.390 Lakhs (Rupees two hundred sixty lakhs).
13. It is most respectfully submitted that upon completion of the above works pertaining to cut and cover projects almost the entire rain water would reach Adayar River through Pappan cannal. This will certainly prevent the sewerage getting mixed with the rain water and ultimately getting mixed with the water in the Mudichur Big Lake.
14. There has been some delay in execution of the series of above explained works, therefore, it is prayed that sufficient time may be granted for the purpose of completion of the pending works with regard to the bio-mining solid waste and construction of STP."
11. Thereafter, this Tribunal had passed the following order:-
"7. It is mentioned in the report that the biodegradable waste is reserved for conversion into fertilizer and the inorganic wastes are taken to the nearby place namely, Gundumedu which is situated close to Mudichur Big lake. In order to avoid pollution of the lake waters, bio-mining process will be carried out through private organization and cost for this purpose is estimated to be Rs.139 Lakhs and the estimate has been sent to Anna University and after confirmation the approval from the Government would be obtained.
8. It is also mentioned that in order to avoid discharge of sewage, they may also require some fund from the Government for establishment of treatment plant and also for providing Under Ground Sewage System (UGSS) etc. Page 8 of 21
9. The Joint Committee has also not filed the report so far, in spite of the fact that more than 1½ years have lapsed after appointment of the committee. We have expressed our displeasure on several occasions not only in this matter and in some other matters regarding the impertinent attitude of the members of the committee in non-complying with the direction of submitting the report on time. If the reports are properly filed before this Tribunal and necessary datas are provided by them, then this Tribunal can dispose of the case in an effective manner by giving direction for implementation of the recommendations (if any) suggested by the committee to resolve the issue in a permanent manner. Most of the cases pending before this Tribunal are regarding non-implementation of the Solid Waste Management Rules, 2016 and the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 in this regard and also regarding encroachment and contamination being caused to the water bodies due to discharge of untreated sewage into the water bodies. Action will have to be taken at the local body level to resolve the issue permanently, but some of the local bodies may not be having their own funds for this purpose, for which, they will require assistance from the Government level. These aspects have been considered by the Tribunal in O.A. No.210 of 2017 (SZ) and directed the Chief Secretary, State of Tamil Nadu to look into the issue and come with a proper holistic action plan regarding the implementation of the Solid Waste Management Rules, 2016 in the State of Tamil Nadu, after considering the number of proposals received from the local bodies for financial as well as technical support which are pending approval and financial sanction with the Government and that case is now posted to 17.12.2021 and this case can also be posted to that date, so that this Tribunal can get proper report from the Joint Committee and holistic action plan to resolve the issue in the State of Tamil Nadu from the Chief Secretary and this Tribunal can consider those aspects in a holistic manner and dispose of the case by giving direction, as it is difficult for this Tribunal to monitor these issues in a perpetual manner for a longer period, as it is the responsibility of the local body and the regulators to implement the law in its letter and spirit.
10. The members of the committee are directed to file the report on or before 17.12.2021 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, failing which, they are directed to appear before this Tribunal on the next hearing to show cause as to why action should not be taken against them for non-compliance of the direction issued by this Tribunal as contemplated under Section 25 and 28 of the National Green Tribunal Act, 2010.
11. The Registry is directed to communicate this order to the members of the committee, official respondents apart from communicating this order to the Chief Secretary, State of Tamil Nadu, Additional Chief Secretary for Municipal Administration and Water Supply, Additional Chief Secretary for Public Works Department (PWD) and also to the Director of Town Panchayat by e-mail immediately for their information and compliance of the directions."
12. Thereafter, again the matter has been adjourned either by notifications or at the request of the parties. Again, the matter was taken up on 25.03.2022, and on that day, based on the memo filed by the 6th Respondent that the Perungalathur Town Panchayat has been merged with the newly formed Tambaram City Municipal Corporation, this Tribunal Suo Motu impleaded the Commissioner - Tambaram City Municipal Corporation as additional 9th Respondent and also passed the following order:-
"12. Quite unfortunately the Joint Committee has not filed the report so far. The Tribunal had appointed a Joint Committee consisting of a responsible officer to look into the serious environmental issues that have been raised in the newspaper report. They have got the responsibility to rise upto the occasion and to file the report without delay. As delay in filing the report and taking action Page 9 of 21 pursuant to the observation of the inspection will only result in further damage to the environment. We don't think that this was not known to the officers who have been appointed and dealing with these issues in their day to day administration as well.
13. Even in the report submitted by the Tamil Nadu Pollution Control Board, we have mentioned about the non-mentioning of allegations of dumping of waste as well as discharge of sewage into the water bodies. But thereafter, they have also not filed any further report in this regard. When this was pointed out, the learned counsel appearing for the Tamil Nadu Pollution Control Board submitted that, if some time is granted, they may be able to file a further report incorporating all these aspects.
14. The learned standing counsel appearing for State Department also submitted that, if some time is granted, they may be able to file the Joint Committee report as well.
15. However taking a lenient view, we feel that one more opportunity can be given to the Joint Committee to file a report as directed.
16. The officials respondents including the Commissioner, Tambaram City Municipal Corporation, Tambaram, the District Collector, Chengalpattu District and the Tamil Nadu Pollution Control Board to file their independent statements apart from filing the report as directed by this Tribunal.
17. Since the area has been merged with Tambaram City Municipal Corporation, instead of a Senior Officer from the Director of Panchayat, Senior Officer deputed by the Commissioner, Tambaram City Municipal Corporation as designated is substituted in his place. The committee is modified accordingly.
18. The Registry is directed to communicate this order to the members of the modified Joint Committee for their information and for compliance of the direction.
19. The members of the committee and also to the official respondents are directed to file the respective reports to this Tribunal on or before 13.04.2022 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. The Registry is directed to communicate this order to the official respondents, members of the modified committee and also to the District Collector, Chengalpattu District and the Commissioner Municipal Administration (CMA) for their information and compliance of the direction."
13. The case was posted to 13.04.2022 for filing further reports. On 13.04.2022, it was adjourned to today for filing reports, at the request of the learned counsel appearing for the State Departments.
14. When the matter came up for hearing today, we have received the report submitted by the Joint Committee dated Nil, e-filed on 20.05.2022 which reads as follows:-
"2. COMPLIANCE OF THE DIRECTION In due compliance of the said Hon'ble National Green Tribunal direction, surface water samples from the Mudichur Lake was collected on 21/01/2021 so as to ascertain the present water quality in the said water body Statement showing the value of the Physicochemical parameters analysed
51.N Parameters Units Point of TNPCB o Collection Standards (inland Mudichur Lake Surface Water) 1 pH @ 25°C No, 7.88 5.5-9 2 Total Suspended Solids © mg/L 16 100 105°C Page 10 of 21 3 Total Dissolved Solids mg/L 379 2100 180°C 4 BOD @ 27°C mgfL 12 30 5 COD mg/L 128 250 6 Copper as Cu mg/L <0.033 7 Zinc as Zn mgJL <0.05 1 8 Cadmium as Cd mg/L <0.013 2 9 Lead as Pb I ma <0.07 0.1 10 Nickel as Ni mg/L <0.05 3 11 Total Chromium Cr rng/L <0.01 2 12 Hexavalent Chromium CO mg/L <0.01 0.1 13 D.0 mg/L 6 5mgil and above Statement showing the value of the Bacteriological parameters analysed Parameters Units Point of Collection Primary Water SI.N Quality Criteria for o Bathing Waters Mudichur Lake prescribed by C e n t r al P o l l u t i o n 1 Total Coliform MPN 20 500 or less.
Control Board
/100 nil
2 Faecal Coliform MPN <1.8 500 (desirable) 2500
/100 ml (Maximum Permissible)
The Report of analysis of the water sample collected from the said water body reveals that the Physico chemical parameters analysed satisfy the Inland surface water standards prescribed by the Board. Furthermore the water sample collected from the Mudichur Lake analysed for Bacteriological parameter Total Coliform and Faecal Coliform meets the Primary Water Quality Criteria for Bathing Waters prescribed by Central Pollution Control Board.
3. REPORT OF THE PUBLIC WORKS DEPARTMENT:
Mudichur Lake is located at S.F.No,342 of Mudichur Village in Tamabaram Taluk of Chengalpattu District and it is maintained by the Public Works Department. It has water spread area in an extent of 44.90.0 Ha and is intended to feed ayacut of 80.16.0 Ha. It receives water from its own catchment, surplus water from vandalur tank and upland drainages mostly from the rains of North East Monsoon period. The overflow of this tank leads to Mudichur Seekana En and finally confluence to Adyar River at crossing of Outer Ring Road. There are two sluices in the said water body in which one located at western part of the lake is fully demolished due to the formation of the outer ring road and another one located in the northern side of the lake is in good condition and also sluice is sufficient for the existing irrigation activities and the existing surplus weir is fairly week condition. Due to the formation of the outer ring road, the tank was over deepened;
because of this the capacity of the tank is more than the original capacity. Due to agglomeration of the Chennai city over the period of time, the Mudichur village is in the peripheral vicinity of the Chennai city and hence the ayacut fed by this tank has been substantially reduced. As per the enumeration of Revenue department during the year of 2009, there are about 86 Nos. of encroachments in the water spread area and bund in the western part of the tank.
It is submitted that there are plans for Flood mitigation works in Mudichur tank and Seekana Eri in Tambaram Taluk of Chengalpattu District at a cost of Rs.73 Crores and proposal has been sent to Government and after approval the said project scheme will be executed and all other component works to rehabilitate the Mudichur Lake will be taken up including eviction of encroachments in the manner known to law.
4. REPORT FROM BLOCK DEVELOPMENT OFFICER, ST. THOMAS MOUNT PANCHAYAT UNION (MUDICHUR VILLAGE PANCHAYAT) In due compliance of the said Hon'ble National Green Tribunal direction, the Block Development Officer, St. Thomas Mount Panchayat Union (Mudichur Village Panchayat) furnishes the following detailed report:
Page 11 of 211. Total Area of the Mudichur Village Panchayat : Around 6.00 So Km
2. Total Population of the Village Panchayat : 15438 Nos. as per 2011 census. Now around 26266 Nos.
3. Household in the above said area of the 5480 Nos.
said Village Panchayat area :
4. Total No of Panchayat Wards 125. Total Generation of sewage in the said areas:
6. Solid waste generation : 4 Ti day I. SOLID WASTE MANAGEMENT Generation of total Solid Waste in the Panchayat: 4.00 MT/day (Biodegradable waste -- 1.25 MT/day, Plastic Waste -- 0.2 MT/day and Non Biodegradable waste -- 2.73 MT/day) Present status of collection and disposal of solid waste:
Presently the Village Panchayat carries out door-to-door collection of solid waste of 4 Ticlay deploying 6 E-Cart Tricycles, 9 push carts, 1 Tractor and with 7 Sanitary Workers and 5 from Self Help Group of Hand in Hand, 37 from Green friends and 27 Sanitary Police. Out of 4 Ticlay solid waste, biodegradable solid waste is 1.25 T/day, Plastic waste 0.2 Tiday and the non biodegradable wastes is 2.73 T/day. The village panchayat has solid waste processing facility at Tiruvalluvar Nagar and is operating the micro composting centre to process the biodegradable waste.
Action Plan for Solid Waste_Mana.gement Short Term
1. The Village panchayat has proposed to collect all the solid waste and process within the premises and not to dump in the road side of Mudichur lake.
2. The Village panchayat has proposed to issue notice to the public and to the households not to dump the waste on the road sides and in the area in question, and to issue pamphlets regarding the importance of source segregation of the solid waste.
3. Persons dumping solid waste in the road side and in the area in question will be identified and fine will be imposed as per the provisions of the Local Body Act.
4. The Village panchayat has proposed to carry out strict vigilance around the Mudichur lake and to take action and to impose fine to the violators if found dumping of waste under the provisions of the Local Body Act.
Long Term :
1 The Village panchayat has proposed to strictly carry out Door to Door Collection of 100% segregated solid waste only from the village panchayat area. 2 The Village panchayat has proposed to carry out Micro-Composting of all the segregated biodegradable waste in the Micro-Composting facility and to dispose the non biodegradable waste through the recycling facilities.
II. SEWAGE GENERATION AND SEWERAGE SYSTEM: Present method of collection and mode of disposal of sewage:
The households and commercial establishments in the above said village panchayat area have their own individual septic tank and soak pit arrangements for the treatment and disposal of the sewage. However during rainy season sewage / sullage from certain households/ commercial establishments dispose through storm water drains which reach the said water body.
Action Plan for Sewage Management Short Term
1. The Village panchayat has proposed to identify vulnerable locations and proposed to provide decentralized community soak pit arrangements.
Long Term
1. The Village panchayat has proposed to provide sewer line and to connect to the Tambaram Corporation Common Sewage Treatment Plant to treat the same and completely arrest the sewage entering the lake.
5. JOINT INSPECTION OF THE COMMITTEE The members of the joint committee have carried out the inspection in the area in question on 21/0112021, 24/02/2021, 26/07/2021 & 17/05/2022.Page 12 of 21
. OBSERVATIONS BY THE COMMITTEE During the time of inspection, the committee observed the following
1. Mudichur Lake is located at S.F.No.342 of Mudichur Village in Tamabaram Taluk of Chengalpattu District
2. Mudichur Lake is a PWD tank. The Mudichur village is in the peripheral vicinity of the Chennai city and hence the ayacut fed by this tank has been substantially reduced and also this tank serves mostly as a natural aquifer.
3. It is bounded by vacant land in the Northern side, residences in the Eastern and Western side, forest area and vandalur tank in the Southern side.
4. Mudichur Lake spreads over in an extent of 80.16.0 Ha and storage capacity of 20.55 Mcft which is divided by the Outer Ring Road into two parts namely Western and Eastern part.
5. Mudichur Lake is receiving water its own catchment area, surplus water from vandalur tank and upland drainages mostly from the rains of North East Monsoon.
6. The overflow of this tank leads to ivludichur Seekana Eri and finally confluence to Adyar River at crossing of Outer Ring Road.
7. There are two sluices in the said water body in which one located at western part of the lake is fully demolished due to the formation of the outer ring road and another one located in the northern side of the lake is in good condition and also sluice is sufficient for the existing irrigation activities and the existing surplus weir is fairly week condition.
8. The households and commercial establishments in the village panchayat area have their own individual septic tank and soak pit arrangements for the treatment and disposal of the sewage. However certain households/ commercial establishments in the southern side of the tank dispose the sewage/sullage through storm water drains which reach Mudichur Lake.
9. The Village panchayat has not having any solid waste processing facility and the solid waste generated from the local body area is properly collected and disposed in their dumping yard.
10 Encroachments in the form of residences were noticed in the water spread area and a poll on of bund in the western part of the lake.
7. RECOMMENDATIONS:
Based on the above observation, the joint committee submits the following recommendation before the Hon'ble National Green Tribunal (Southern Zone)
01. The Village Panchayat 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.
02. The Village Panchayal shall not dump solid waste under any circumstances in the said area in question i e. at Mudichur Lake of Mudichur Village.
03. The Village Panchayat shall operate the Micro composting centre to compost all the segregated Biodegradable wastes and to to dispose the non degradable waste including plastic waste to the recycling facility complying with the provisions of the Solid Waste Management Rules, 2016
04. The Village panchayat shall identify and provide decentralized community soak pit arrangement at vulnerable locations within three months time to prevent the entry of sewage/sullage to the Mudichur Lake through storm water drain and to intercept sewage entering the lake immediately,
05. The Village panchayat shall levy fine on the violators found dumping solid waste and disposing sewage into the water body under Local body Acts.
06. The Village panchayat shall create awareness among the public with the help of associations in the local body area for proper segregation of solid waste.
07. The PWD with the help of Revenue Authorities shall make fresh survey to identify the exact number of encroachment and to evict them within six months.
08. The PWD shall revamp the weir and strengthening of the bunds in the said water body for smooth flow of surplus water within six months by obtaining necessary funds from the Government."Page 13 of 21
15. The newly added 9th Respondent/Tambaram City Municipal Corporation has filed the report dated 16.05.2022, e-filed on 19.05.2022 which reads as follows:-
"2. COMPLIANCE OF THE DIRECTION It is respectfully submitted that in due compliance of the orders of the Hon'ble National Green Tribunal, the following steps were taken by the Tambaram Corporation and the same is submitted for the consideration of this Hon'ble Tribunal.
i. It is submitted that totally there are 16379 Households in the Perungalathur Area having the Total Population of 62239. Now after merging with the Tambaram corporation with regard to the implementation of Municipal Solid Waste Management Rules, it is submitted that in the newly added Perungalathur Town Panchayath area totally 17.90 M.Tons of Solid Waste is generated from the said 16379 households. Out of 17.90 M. Tons of Solid Waste 4.10 M.Tons is Wet Waste and the remaining is Dry Waste. The 4.10 M.Tons of wet waste is processed through Micro Compost Centre and the same is being converted into manure and the same was given at free of cost to the local residents and the farmers.
ii. 100% Door to Door Collection is implemented and the same is being made by 8 Battery Operated Vehicles and 13 Light Commercial Vehicles and 3 Tractors and the same covers all the households. Further it is submitted that Source Segregation is being done at the time of Door to Door Collection itself. Further the Wet Waste collected from the Area is processed in the MCC located at Gandhi Street, Gundumedu, in New Ward No. 57 of the Corporation. The Dry waste is transferred to Kannadapalayam Transfer Station located in Tambaram and from there the same was sent to the Cement Factories for their uses. The recyclable and reusable wastes are segregated and are sold to the local recyclers and the amount received is given to the Workers as incentive.
iii. It is submitted that earlier the Municipal Solid Waste was dumped by the Town Panchayat in the Open Dump yard near the Mudichur Lake. Now the Town Panchayath merged with the Tambaram Corporation and after the merger, action was taken by the Tambarm Corporation to close the Dump Yard and the Dump Yard was closed on 29.12.2021 and there is no fresh dumping of Solid Waste in the said site. Further preventive steps were taken to control the leaking of leachate from the Dump Yard. Further steps were taken by the Tambaram Corporation to clear the existing dump by way of Bio Mining the same. It is submitted that for implementing the Bio Mining scheme letter has been addressed to Center for Environmental Studies, Anna University for conducting survey. After receiving the report from Anna University further action will be taken for implementing the scheme.
iv. With regard to letting out of Sewege/Sullage Water into Mudichur Lake, it is submitted that the Tambaram Corporation has taken action for implementing UGSS in all Uncovered areas of Sembakkam, Chitlapakkam, Thiruneermalai, Peerkankaranai, Perungalathur and Madampakkam. The said areas are all newly added areas to the Tambaram Corporation and they were all formerly Municipality and Town Panchayats having low density of population. The Tambaram Corporation has addressed a letter dated 14-12-2021 to the Chennai Metro Water and Sewerage Board to conduct the Survey for implementing the UGSS scheme in the above said uncovered areas."
16. It is seen from the report submitted by the 9th Respondent that bio-mining has been undertaken to dispose of the existing waste and the dump yard in Perungalathur area has been closed and the dry waste is being transferred to the Kannadapalayam Trasfer Station located in Tamabaram, from there, it was sent to the cement factories for their use. The recyclable and reusable wastes are segregated and sold to the local Page 14 of 21 recyclers and the amount received is given to the workers as incentive. The existing legacy waste in the dump yard in Perungalathur Town Panchayat is proposed to be disposed of by bio-mining with assistance of Centre for Environmental Studies, Anna University and after getting the report, they will take appropriate steps to dispose of the legacy waste.
17. It is seen from the Joint Committee report that the water analysis report reveals that the Physico chemical parameters analysed satisfy the inland surface water standards prescribed by the Board. The water sample collected from the Mudichur Lake analysed for Bacteriological parameter reveals the Total Cloiform and Faecal Coliform meets the Primary Water Quality Criteria for bathing waters prescribed by the Central Pollution Control Board.
18. It is also mentioned in the report that based on the report of the Public Works Department that due to formation of outer ring road, one of the sluices located in Western side has been fully demolished and another one located in the Northern side of the lake is in good condition and the sluice is sufficient for the existing irrigation activities and the existing surplus weir is in very weak condition. As per the survey conducted by the Revenue Department during 2009, there were about 86 encroachments in the water spread area and bund on the western part of the tank.
19. Further, it is mentioned that they were plans for flood mitigation works in Mudichur Lake and Seekana Eri in Tambaram Taluk at a cost of Rs.73 Crores and a proposal has been sent to the Government and after approval, the said project scheme will be executed and all other component works to rehabilitate the Mudichur Lake will be taken up including eviction of encroachments in the manner known to law. They have also given certain recommendations which the respective departments have to carry out.
Page 15 of 2120. It is also seen from the Joint Committee report that the Water Resources Department shall revamp the weir and strengthen the bunds in the said water body for smooth flow of surplus water within six months by obtaining necessary funds from the Government. The Public Works Department with the help of the Revenue authorities has to make fresh survey to identify the exact number of encroachments and to evict them within six months. There were directions to the local bodies not to discharge any untreated sewage into the water body and not to dump the waste in the water body.
21. It is time and again reiterated by the Hon'ble Apex Court as well as various Hon'ble High Courts including the Hon'ble High Court of Madras and the National Green Tribunal that water bodies will have to be protected against the encroachment and pollution, as they play a great role in protecting the environment. Further, protecting the environment is a constitutional mandate cast on the State Government and its instrumentalities under Article 48 A of the Constitution of India and providing clean environment as part of Right to Life as enshrined under Article 21 of the Constitution of India. Every citizen has fundamental duty to protect environment as provided under Article 51 A (g) of the Constitution of India.
22. It is not possible for this Tribunal to monitor perpetually the duty of the regulators who are expected to maintain the water bodies against pollution and encroachment and also to monitor the implementation of the Solid Waste Management Rules, 2016 and Liquid Waste Management which is primary responsibility of the local bodies.
23. The Water Resources Department is also having responsibility to ensure that no part of the water body is encroached or being misused by polluting the same by discharging untreated sewage or other effluents. They have got a responsibility to protect inlet and outlet of the water bodies so as to maintain the flow of water and prevent flood during rainy seasons. Unless the regular maintenance is done to sluice or other regulating structures provided in the water bodies, it will create some Page 16 of 21 difficulty, if the water level increase.
24. In Original Application No.606 of 2018 (PB) and also in cases where rejuvenation of water bodies and polluting river stretches being considered, the Principal Bench of National Green Tribunal, New Delhi had given series of directions to be implemented by the authorities and direction was also given to the Chief Secretaries of all States/Union Territories to monitor the implementation of the same and protect the water bodies and implement the Solid Waste Management Rules, 2016 and Liquid Waste Management within their area of jurisdiction in an effective manner, as if it is properly implemented, it will play a great role in providing clean environment for the people which is primary responsibility of the State.
25. In spite of such directions given, this Tribunal is coming across various instance of non-compliance either by way of filing application by the persons who are interested in protecting environment or through newspaper reports. Whenever such instance are brought to the notice of the Tribunal, this Tribunal is also issuing effective directions, but we fail to note the implementation of the same in an effective manner at the gross-root level and failure of the supervisory mechanism at the higher level. If any funds are required for the purpose of implementing the schemes evolved by the local bodies for the purpose of implementation of the Solid Waste Management Rules, 2016 as well as Liquid Waste Management, then it is for the higher authorities to look into the issue and provide necessary administrative sanction and financial sanction for that purpose. It is settled law that the project or scheme evolved for protection of environment should not be stalled on the ground of paucity of fund and funds must be made available on priority basis to implement the same by the Government.
26. So under such circumstances, we feel that instead of monitoring the issue perpetually, the application can be disposed of by giving directions to the respective authorities to implement the directions and ensure that the water body is protected against encroachment and pollution.
Page 17 of 2127. So, this Original Application is disposed of with the following directions:-
(i) The Water Resources Department is directed to implement the recommendation of strengthening the surplus weir and bunds of the water body within six months by obtaining necessary funds from the Government. They must also take necessary steps to maintain the sluices and other regulatory structures provided for regulating the inflow and outflow of water in the lake and also make necessary maintenance of proper desilting and removal of weeds etc. that is grown periodically.
(ii) They are also directed to take appropriate steps with the help of the Revenue authorities to conduct a fresh survey to identify the exact number of encroachments and take steps to remove the encroachments and protect the water bodies from encroachment and pollution in accordance with law at the earliest at any rate within six months as suggested by the Joint Committee.
(iii) They are also further directed to take appropriate steps to protect the entire water body either by providing bio-
fencing or other methods so as to avoid future encroachment, as this will increase the green cover and also avoid soil erosion, if it is properly maintained and they must also take steps/action against those persons who are discharging the untreated sewage into the water body or dumping waste, in accordance with law so as to prevent such activities in future.
(iv) The respective local bodies including the Tambaram City Municipal Corporation are directed to take steps to implement the Under Ground Sewerage System (UGSS) in areas where it has not been provided and ensure Page 18 of 21 household service connections in those places which are not connected to the Under Ground Sewerage System in existence and implement the Solid Waste Management Rules, 2016 within their area of jurisdiction in it is letter and spirit.
(v) The Tamil Nadu Pollution Control Board is also directed to
monitor the implementation of the Solid Waste
Management Rules, 2016 and Liquid Waste Management in an effective manner and implement the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No.606 of 2018 (PB) against erring local bodies by recovery of compensation provided therein apart from launching prosecution as contemplated under environmental laws.
(vi) The District Collector - Chengalpattu District is directed to monitor the implementation of the Solid Waste Management Rules, 2016 and Liquid Waste Management and removal of encroachments and providing protective measures to protect the water bodies against encroachment and pollution.
(vii) The District Collector - Chengalpattu District is also directed to take steps to conduct fresh survey for removal of encroachment in co-ordination with the Water Resources Department and ensure that the encroachments are removed in accordance with law and protective measures taken to protect water body against the encroachment and pollution at the earliest at any rate within six months.
(viii) The Director of Municipal Administration, Director of Rural Development and Panchayat Raj, the Principal Secretary for Revenue Department, the Additional Chief Page 19 of 21 Secretary to Government, Municipal Administration and Water Supply and the Principal Secretary to Government, Rural Development, and the Additional Chief Secretary to Government, Water Resources Department are also directed to look into the issue of pending proposals for implementation of the Solid Waste Management Rules, 2016, disposal of legacy waste by bio-mining and other scientific methods, implementation of the Under Ground Sewerage System (UGSS) wherever it is not provided and if any proposals are pending in this regard, they are directed to expedite the same by providing necessary administrative and financial sanction and provide necessary funds for implementation of the same as well on a priority basis, as protecting environment is a primary responsibility of the State to avert morbidities and mortalities due to pollution by implementing the environmental laws in its letter and spirit.
(ix) The Additional Chief Secretary to Government, Department of Environment, Forests & Climate Change and the Chief Secretary to Government, State of Tamil Nadu are also directed to monitor the implementation by the respective regulators and if there is any gap found, they are also directed to provide all necessary assistance both financial and technical for effectively implementing the schemes evolved by the local bodies for implementation of the Solid Waste Management Rules, 2016 and Liquid Waste Management and also steps taken by the respective departments to protect water bodies against encroachment and pollution being caused.
(x) The Registry is directed to communicate this order to the Block Development Office - St. Thomas Mount Panchayat Union, Commissioner - Tambaram City Municipal Corporation, Water Resources Department, Tamil Nadu Page 20 of 21 Pollution Control Board, District Collector - Chengalpattu District, Director of Municipal Administration, Director of Rural Development and Panchayat Raj, the Principal Secretary for Revenue Department, the Additional Chief Secretary to Government for Municipal Administration and Water Supply and the Principal Secretary to Government for Rural Development, the Additional Chief Secretary to Government for Water Resources Department, the Additional Chief Secretary to Government, Department of Environment, Forests & Climate Change and the Chief Secretary to Government, State of Tamil Nadu for their information and compliance of directions.
28. With the above observations and directions, this Original Application is disposed of.
Sd/-
Justice K. Ramakrishnan, J.M. Sd/-
Dr. Satyagopal Korlapati, E.M. O.A. No.99/2020 (SZ), 20th May 2022. Mn.
Page 21 of 21