National Green Tribunal
Vanmeegam, A Society Registered Under ... vs The Chief Secretary, State Of Tamil Nadu on 26 April, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.08: Court No -- 1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 210 of 2017(SZ) (Through Video Conference) IN THE MATTER OF: Vanmeegam, a Society registered under the Tamil Nadu Societies, Registration Act, having it's registered office at No. 4/87,1* Floor, Velachery Main Road, Opp. to Kumaran Theatre, Medavakkam, Chennai _ 600 100, Kancheepuram District, Tamil Nadu, india Represeniéa by its Secretary, R. Sivachandran, \ Son of Mr. Ramanujam, aged about 39 yeats, | Residing at No. 2/690, Periyar Salai, Nesavalar Nagar, a Jalladianpettai, Medavakkam, Chennai -600 100, Tamil Nadu. thdia. 7 | - ou Applicant With 7 1. The Chief Secretary, Fort St. George, Secretariat, Chennai- 600009. | 2. The Principal Secretary, Environment & Forests, State of Tamil Nadu, Fort St. George, Secretariat, Chennai -- 600 009. 3. The Secretary, Public Works Department, State of Tamil Nadu, Fort St. George, Secretariat, | Chennai -- 600 009. 4. The Member Secretary, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai -- 600 032. 5. The Principal Secretary, Health and Family Welfare Department, 1 State of Tamil Nadu, Fort St. George, Secretariat, Chennai -- 600 009. 6. The Secretary, Ministry of Environment, Forests and Climate Change, Union of India, Paryavaran, Jorbagh Road, New Delhi -- 110 003. 7. The District Collector, kancheepuram District, Colelctorate Orffice, Kancheepuram -- 631 501. 8. The Tahsildar, Sholinganallur, Chennai -- 600 119. 9. The Commissioner, St. Thomas Mount Panchayath Union, Chitlapakkam, Chennai -- 600 064. 10... The Executive Authority of Medavakkam 1 Grade Panchayath, Medavakkam, Chennai -- 600 100. ...Respondents Date of Judgment: 26.04.2022 CORAM: HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER For Applicant(s): None. For Respondent(s): Dr. D. Shanmuganathan for R1, R2, R3, R5, R7 to R10 Mr. S. Sai Sathya Jith for R4 Mr. G.M. Syed Nurullah Sheriff for R6 JUDGMENT
1. The grievance in this application is regarding dumping of waste in the forest area. According to the applicant, it was classified as "forest" with small hill and water body. Earlier, it was very clean and unpolluted and it was a source of drinking water for Medavakkam Village people. In recent years, the land was illegally used for dumping municipal waste by the Medavakkam Panchayat and causing pollution.
2. According to the applicant, large scale dumping was being done in that area. Sometimes, miscreants were. setting fire to the garbage, causing air pollution which was affecting the health of the people. There was no proper scientific disposal of waste diaped in that area which pollutes the water body and ground water, Though complaints were made to the authorities, no action has been.taken by them.
3. So, the applicant filed this application seeking the following reliefs:
" _ Direct 'the respondents' alitholities to maintain the | land free from any contamination or pollution. :
ii) Direct the respondents' authorities to 'maintain the a land free from any encroachments. :
ili) Direct the respondent authorities take all steps to "ensure that the land-is restored in its earlier position by removing all wastages from the land and maintained with environmental dignity. "
4. The fourth respondent/ Tamil Nadu Pollution Control Board filed a statement stating that show cause notice was issued to the Panchayat under the existing Municipal Solid Waste Rules; 2000, vide proceedings dated 23.08.2017. When fhe Tribunal had.taken the matter on 03.01.2020, the Tamil Nadu Pollution Control Board/4" respondent filed a statement stating that the site comprised in S.F.No.416/2 situated at Medavakkam Village, Sholinganallur Taluk, Chengalpattu District (then Kancheepuram District) was inspected by the Tamil Nadu Pollution Control Board (TNPCB) authorities on 23.08.2017 and they made the following observations:-
"The unsegregated municipal solid waste collected by the local body Medavakkam Panchayat was being dumped in the said area. The land in which the said dump is being made is reported to be in possession of Medavakkam Panchayat. The said municipal solid waste dump site is surrounded by Medavakkam -- Sholinganallur Road and commercial establishments in the southern side and Tambaram -- Velacherry Road and commercial establishments in the eastern direction and residences and commercial establishments in the northern side. Hence a show cause notice was issued to the Commissioner, St. Thomas Mount Panchayat Union under MSW Rules, 2000 for the said violations vide proceedings dated 23.8.2017 to take necessary action under the local body acts.
Medavakkam isa fast developing area and the. residential population has increased many fold in the recent past and the facilities were present long before the new residences have cropped. up and the existing facilities are unable to meet. the requirement due to lack of sufficient land to. the Medavakkam Panchayat."
5. This Tribunal also considered the report submitted by the Tamil Nadu Pollution Control Board (TNPCB) regarding the pathetic condition of the dumping ground. This Tribunal had directed the parties to file their further statements and also the present status. On 07.02.2020, after considering the pleadings and the earlier proceedings, this Tribunal had passed the following order:
"5. However, even today, no report has been filed. Learned counsel appearing for the petitioner submitted that illegal dumping is still going on, causing untold hardship to the people. If it is revenue forest, it cannot be used as a dumping ground without getting necessary "authorization" from Pollution Control Board. Further, it is also seen that no steps have been taken by the tenth respondent for disposal of the waste deposited as well. According to the petitioner, there is a water body which is to be protected and on account of the indiscriminate dumping, water in the water body is getting contaminated. There was nothing mentioned about the existence of water body in the statement submitted by the fourth respondent.
6. As per the directions of the Principal Bench of the National Green Tribunal, 'New Delhi in O.A.606 of 2018 there is a duty cast on the local bodies to implement the Solid Waste Management Rules, 2016 in its letter and spirit and they are expected to dispose of the legacy waste in a scientific manner within a specific time frame. Further, the Principal Bench has "expressed its dissatisfaction in respect of the implementation of the Solid Waste Management Rules, 2016 in the State.
7. So under these circumstances, we. feel it appropriate to | appoint a joint committee, comprising of : (1) District Collector, Chengalpattu. (2) State Pollution Control 'Board ant (3) Commissioner, St Thomas Mount Panchayat Union, Chitlapakkam to inspect the area.in question and submit a factual report, showing the nature and category of the property, whether there.is any water body, as contended by the petitioner which has to be protected and if there is any encroachment, what is the action taken and what is the action plan for the tenth respondent panchayat to dispose of the legacy waste collected in that area and what is the extent of legacy waste available in that.area and whether dumping is still continuing in that area and if so, what action has been taken by the revenue authorities against the illegal dumping of waste in the revenue forest area, without getting any necessary permission from them and submit a factual and action taken report to this Tribunal through e-mail @ emailcom. If on account of indiscriminate dumping, any damage has been caused to environment, impose environment compensation and fix the responsibility on the persons who are responsible for the illegal activities, affecting environment. Pollution Control Board will be the nodal agency for coordination and for providing logistic support. The committee shall file report within a period of one month. The Registry is directed to communicate this order to the concerned authorities immediately by e-mail so as to enable them to comply with the direction
6. By that order, this Tribunal had appointed a Joint Committee and directed them to file a report and posted the case to 23.03.2020. Thereafter, the matter has been adjourned fiom time to time by notifications and also at the request of the parties to filé the report.
7. On 07.08.2020, this Tribunal faa ebusidered the Joint Committee report signed by some. of the officers on 05.08.2020 and rebeived on 07.08.2020 and extracted in Para (3) of the order which reads as follows:- . .
"INSPECTION REPORT OFTHE JOINT COMMITTEE " CONSTITUTED BY THE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE) IN RESPECT OF _O.A No.210 of 2017 IN CONNECTION WITH THE SUBJECT MATTER AGAINST THE _ DUMPING OF WASTE IN. FOREST AREA AT MEDAVAKKAM VILLAGE, : Og EE es The Hon'ble National Green Tribunal (NGT), Southern Zone(SZ), Chennai in "its...order dated 07.02.2020 in Original Application No.210 of 2017, has constituted a Joint Committee comprising of the (1) District Collector, Chengalpet District, (2) Tamil Nadu State.Pollution Control Board..and..(3)..Commissioner, St. Thomas Mount Panchayat Union, Chitlapakkam, and directed as follows:- | .
"to inspect the area in question and submit a factual report, showing the nature and category of the property, whether there is any water body, as contended by the petitioner which has to be protected and if there is any encroachment, what is the action taken and what is the action plan for the tenth respondent panchayat to dispose of the legacy waste collected in that area and what is the extent of legacy waste available in that area and whether dumping is still continuing in that area and if so, what action has been taken by the revenue authorities against the illegal dumping of waste in the revenue forest area, without getting any necessary permission 6 from them and submit a factual and action taken report to this Tribunal through e-mail @ nagtszfiling@ gmail.com. If on account of indiscriminate dumping, any damage has been caused to environment, impose environment compensation and fix the responsibility on the persons who are responsible for the illegal activities, affecting environment. Tamil Nadu Pollution Control Board will be the nodal agency for this purpose".
In compliance of the direction of the Hon'ble National Greeen Tribunal (SZ),.the Joint..Committee has carried out inspection in the area in question on 07.03.2020 and 29.07.2020 and observed as follows:-.
Observations:
During the inspection on 07.03.2020, it was noticed that unsegregated Municipal Solid wastes is being dumped.in the area in question: and the said site is surrounded by Medavakkam- Sholinganallur Road and Commercial. establishments in the Southern side and Tambaram-Velachery Road -and commercial establishments .in the Western sides, residences and commercial establishment in the Eastern. direction and residences and commercial establishment in the Northern side.
The Commissioner of St. Thomas Mount Panchayat Union, Chitlapakkam who is one of the members of the Joint Committee, has.submitted the following proposal including.remedial. measures (Action Plan Short term & Long term):
1. Location of the Site: _Medavakkam - Survey No 416/2 (12.916887, 80.195076) Total Area of the Medavakkam Panchayat : 12.00 Sq Km Total Population of the Panchayat ; 75000 Total Household of the Panchayat : 18000 No of Wards: 12 Nos Nm K&N Generation of total Solid Waste in the panchayat: 20.00 MT/day (Biodegradable waste - 10 MT and Non Biodegradable waste -
10 MT)
7. Collection Mechanism: 13 E-Cart Tricycles, 9 Tractors and with 42 sanitary Workers.
8. Presently Solid Waste (Legacy Waste) at dumping Yard:
1500.00 MT
9. Present Condition of Disposal:
Presently the waste collected from the Village Panchayat area is being collected from dustbins located in the streets by Panchayat sanitary workers using 13 E-Cart Tricycles, 9 Tractors and with 42 sanitary workers which is dumped in the said location at S.F.No. 416/2 (12.916887, 80.195076) which is an abandoned Quarry Site, which is owned by Medavakkam Village Panchayat and it is not a water body area. There is no encroachment in the said area.
Remedial measures:-
I .Short Term:
. Solid waste (legacy wastes) dumped in the above said site (S.F.No 416/2) will be cleared by canying out Bio mining within the period of two Months. oe . Sanitary staffs will be posted in the said site throughout the day.
3. During the night time, sanitary staffs will be. posted.to carry out monitoring activities to prevent any further dumping of wastes.
. Village Panchayat of "Medavakkam will be issuing notices 'in the
- Road side Public and to Households not to dump che wastes on the road sides and in the junction places. 7 . Persons dumping 'solid waste in the road side will be identified and fine will be imposed. Due to this, the instances of dumping of wastes in public places other than the désignated areas: for fe deposit of 'Solid wastes will be reduced toa great extent. fee . Warning beards will be plied to prevent the' dumping of the solid wastes. | | bee we | . In addition, sanitary workers will be deputed as a special step to remove the non-biodegradable wastes from the garbage vulnerable points (GVP) and from the vacant private lands and to prevent further dumping of wastes in the.road sides across the town.
. Pamphlets will be issued in the locality regarding the source segregation of the solid wastes and the public will be encouraged to deposit only segregated wastes in the respective area. The sanitary supervisors will be conducting various demonstrations regarding the segregation of the wastes and the home compositing process will also be demonstrated to the residents in all the residential areas.
li, Long Term:
1 Door to Door Collection will be made 100%. The collection of garbage shall commence at 6 am in the village panchayat and the daily operations shall close by 2p.m.
Newly 13 E-carts with 1 Green Friend each shall be deployed to collect wastes from 6000 households, wherein, one pushcart will cover 460 households on a daily basis. 6 -bins shall be placed for one E-cart.
Total generation of Solid waste 20.00 MT. Segregated Biodegradable waste will be composted by creating Micro composting centre and non degradable waste including Plastic waste will be collected and will be sent to cement factories for co processing | Micro composting centre will be set up, Sanctioned obtained for an Estimate cost Rs 25. 90 Lkks to prepare bio organic manure and also proposal given for setting up of segregation shed to ensure proper segregation. Above facility will be established within three months.
'It is proposed for fencing all around the said site SO as to. avoid entry and safety purpose. This work will be completed within three months. -
Additionally13 LCVs (Light Commercial Vehicles) with 4 Gisen Friends. (sanitary workers) shall be deployed to collect wastes
- from 12000 households, wherein, one LCV will 'cover 1000 households on a daily basis' 4°bins (30 Itrs) shall be placed in each pushcart to carry bigdegradable, recyclable and domestic hazardous wastes separately.
9 Tractors (excluding the available iractots/tippers at + village panchayat) with 5 Green Friends shall be. deployed to collect wastes from the main roads and commercial shops. Tractors shall also be used for regular mass cleaning activity.
RECOMMENDATIONS:
The Joint Committee has considered the remedial measures submitted by the Commissioner of St.Thomas Mount Panchayat Union and has suggested the following recommendations:
il.
The local body shall expedite the process of remedial measures as suggested above and shall be in letter and spirit and the time line shall be followed in strict sense, without any further delay.
The local body shall apply and obtain Authorisation under the Solid Waste Management Rules 2016 from the Tamil Nadu Pollution Control Board immediately.
iii. The local body shall ensure 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection, processing and disposal.
iv. The Commissioner St.Thomas Mount Panchayat Union shall monitor and ensure that the local body is complied with the statutory requirements and for the scientific disposal of solid waste that are being generated in the local body.
v. The Tamil Nadu Pollution Control Board shall conduct periodical inspection /. surprise inspection of the site in question and ensure that the local body is complying with the provisions of the Solid Waste Management Rules 2016."
8. Thereafter, this Tribunal had passed the following order: .
a 9. : T. he grievance in this application is regarding the duraping of | inunicipal solid wyaste in forest area without adhering to the Solid Waste | Management Rules, 2016. - We have specifically mentioned in thie order that the committee has to report as to whether the dumping was in forest area/deemed forest and also whether there was any violation of Solid Waste Management Rules, 2016 in disposal of the solid waste: generated in that local body ane implementation of the directions given by the Principal Bench of nes Green Ti ribunal A Original Application No. 606 of 2018 and also . assess the damage caused to the environment on account of the illegal act, if any found. But despite that fact, perusal of the report shows none of these things have been dddtessed except providing some long term and short term remedial measures to dispose of the waste already collected in that area.
10. They have not mentioned what are all the time lines within which these things will have to be completed and whether this is within the time line provided by the Principal Bench of National Green Tribunal in Original Application No. 606 of 2018 and if 10 there is any violation of the direction issued by the Principal Bench of National Green Tribunal, then whether any steps have been taken for realizing the compensation as directed by the Principal Bench from the erring local body. These things are absent in the report.
11. So under such circumstances, we are not satisfied with the report submitted by the Joint Committee and the Joint Committee is directed to "submit a further report explaining the above things in detail nnd submit the report to this Tribunal on or before 24.09.2020. ;
1D. The concerned local body is also directed t to submit the status es report regarding the implementation of Solid Waste Magesement Rules, 2016 in respect of this dumping ground and the extent of legacy waste available and time required for disposal of the same in a scientific manner' as Provided under the 'Solid Waste "Management Rules, 2016. . |
13. 'The case was posted to 24.09.2020 for consideration of further reports. On 24.09.2020, this Tribunal had considered the report submitted by the Commissioneé'& St. Thomas Mount banichayat Union signed on 08.09.2020 and received on 24.09.2020 and extracted in Para (4) of the order which reads as follows:-
"1, Compliance of the Direction:
In due compliance of the said Hon'ble National Green Tribunal, the Commissioner of St. Thomas Mount Panchayat Union, Medavakkam furnishing the following detailed status report:
1. Total Area of the | 12.00 Sq Km Medavakkam Panchayat:
2. Total Population of the| 75000 Panchayat:
3. Total Household of the| 18000 Panchayat:
4. No of Wards: 12 Nos.11
Generation of total solid 20.00 MT/day (Bio waste in the village| degradable waste -- 10 MT panchayat area: and Non _ biodegradable waste -- 10 MT) Location of the area in| Medavakkam - Survey question: No.416/2 (12.916887, 80.195076) Total extent of area on| 5.40 Hectares question:
Classification of the area in| "Karadu" as per revenue question: : records Status of area in question:
i. An abandoned Quarry | ai. Not a water body area '| iii. No encroachment in the said area | iv. Not a forést land Lee Status of legacy waste and disposal |
(i) Total quantity of legacy waste available -- 25 T Gi) Processing of the legacy waste ~ Proposed to , carryout bio minfig of the legacy waste and disposal within four months by adopting the procedural aspects as per CPCB guidelines Gii) Time required -- Four months . "ee / IL. - 'Status of solid "waste management = handling, . treatment and disposal : Generation of total | solid waste in the village
- panchayat area: 20.00 MT/day | (Bio degradable waste - 10 MT and Non biodegradable waste -- 10 MT) Present Status of collection' and disposal of solid Waste:
e¢ Presently the waste collected from the village panchayat area is being collected from dustbins located in the
- streets by. panchayat sanitary workers using 13 E-Cart Tricycles, 9 Tractors and with 42 Sanitary workers which is dumped in the said location at S.F. No.416/2 (12.916887, 80.195076) which, which is owned by Medavakkam Village Panchayat.
e Construction of Micro Composting centre in the site in progress.
Proposals:12
14.
(1) Micro Composting centre will be crated at the area in question within one month to compost the segregated bio degradable waste of 10 MT/day and non degradable waste of 10 MT/day including plastic waste will be collected and will be sent to cement factories for co-processing.
(2) Bio mining of the legacy waste and disposal will be carried out as per CPCB guidelines within the period of four months.
(3) With the help of associations in the village panchayat, segregated solid waste from the households of the village panchayat will be made 100% within one month.
(4) Newly 13 E-Carts with I Green Friend each shall be deployed within one month to collect wastes from 6000 households, wherein, one pusheart will cover 460 households on a daily basis. 6 bins shall be placed for one E-cart:
(5) Additionally 13 LCVs (Light Commercial Vehicles) v with 4 Green Friends (Sanitary Workers) shall be deployed within three months: to collect wastes from 12000 households, wherein, one LCV will cover 1000 households bn a daily basis. 4 bins (30 Ltrs) shall be placed in each 'pushcart to carry bio. degradable recyclable and domestic hazardous waste separately.
(6)? Tractors (excluding .the available tractors/tippers at village panchayat) with 5 Green Friends shall be deployed within three : months to collect..wastes from the main. roads and commercial 'shops. Tractors shall also be used for regular mass cleaning activity,"
Thereafter, this Tribunal has passed the following order:-
"9. It is seen from the report submitted by the Saint Thomas Mount Panchayat Union that they require some more time for implementation of the Solid Waste Management Rules, 2016 in their panchayat and also for the purpose of disposal of the legacy waste in the dump yard.
6. According to them, the area where the solid waste is dumped is not a water body and not a forest land but it is an abandoned quarry.
7. It is not known as to whether it is an authorised dump fill under the rules. If it is not an authorised dump fill, then they are not expected to dump the waste in the abandoned quarry on their whims and fancies.13
8. The Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 has been issuing directions from time to time regarding the implementation of the Solid Waste Management Rules, 2016 on PAN India basis and certain directions have been issued to the Pollution Control Boards to impose environmental compensation against the local bodies who have not completed the implementation of the Solid Waste Management Rules, 2016 including disposal of the legacy waste on or before 31.03.2020 and certain slab has been provided as to how the compensation has to be imposed as well. oe :
9. It is not clear from the report submitted earlier as to whether any such steps have been taken by the regulating authority namely, the State Pollution.Control Board and that ; was the reason why we directed the Board as. well as the : committee to come with a further report. But unfortunately, no further report has been filed either by the Pollution "Control Board or by the committee. : | 7
10. The matter is of the year 2017. The authorities are 'taking lethargic attitude in' implementing the Solid _ Waste : Management Rules. 2016 in the respective areas and the regulating authorities are not proactive in making the local bodies to implement the rules in its letter and spirit and also : implement the directions issued..by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 strictly. _ .
11. So, we direct the Pollution Control Board as well as the committee appointed..by. this Tribunal to submit a further action taken report in this regard.
12. They are also directed to mention as to whether the present area where the waste is dumped is an authorized dumping fill and whether necessary authorization has been obtained for that purpose as required under the Solid Waste Management Rules, 2016.
13. So, the Pollution Control Board as well as the committee are directed to submit a further action taken report as directed by this Tribunal as per order dated 07.08.2020 and also on the aspects mentioned by this Tribunal in this order on or before 05.11.2020 by e-filing. If they do not file the report as directed by this Tribunal, then the Tribunal will be 14
15.
compelled to ask them to appear before this Tribunal to explain as to why the directions of this Tribunal has not been complied with.
14. The Saint Thomas Mount Panchayat Union is also directed to submit the further progress report in this regard as well.
15. The Registry is directed to communicate this order to the members of the committee, Saint Thomas Mount Panchayat Union and also to the Pollution Control Board by e-mail immediately so as to enable them to comply with the direction.
The case was posted to 05.11.2020 for consideration of further report. On 05.11.2020, this Tribunal had considered the further report filed by the Joint Committee dated Nil, received on 04.11.2020 and extracted in Para (3) of the order which reads as follows:-
'Report of 'the Joint Committee constituted by the Hon'ble : National Green Tribunal. (Southern Zone) in respect"of O.A.\No:210 of 2017 filed by Vanmeegam, a Society registered under the Tamil Nadu : Societies Registration Act, Kancheepuram District in connection with the subject... matter against . the dumping. of waster 'in forest area at Medavakkam Village, Tambaram-Taluk, Chengalpattu District.
1).Orders of the Hon'ble Tribunal It is respectfully submitted that the Hon'ble National Green Tribunal (SZ), Chennai in its order. dated 07.02.2020 in Original Application No.210 of 2017 has constituted a Joint Committee comprising of the (1) District Collector, Chengalpet District, (2) Tamil Nadu State Pollution Control Board and (3) Commissioner, St. Thomas Mount Panchayat Union, Chitlapakkam,.and directed as follows:-
"to-inspect the area in question and submit a factual report, showing the nature and category.of the property, whether there is any water body, as contended by the petitioner which has to be protected and if there is any encroachment, what is the action taken and what is the action plan for the tenth respondent panchayat to dispose of the legacy waste collected in that area and what is the extent of legacy waste available in that area and whether dumping is still continuing in that area and if so, what action has been taken by the revenue authorities against the illegal dumping of waste in the revenue forest area, without getting any necessary permission from them and submit a factual and action taken report to this Tribunal through e-mail @ ugtsziiline@emailcom. If on account of indiscriminate dumping, any 15 damage has been caused to environment, impose environment compensation and fix the responsibility on the persons who are responsible for the illegal activities, affecting environment. Tamil Nadu Pollution Control Board will be the nodal agency for this purpose".
In due compliance of the said Hon'ble National Green Tribunal direction, Joint Committee report was submitted before the Hon'ble National Green Tribunal.
The Hon'ble National Green Tribunal (SZ), Chennai in its order dated 07.08.2020, has further passed the following order:-
"6. They have not mentioned what are all the time lines within which these things will have to be completed and whether this is within the time line provided by the Principal Bench of National Green Tribunal in Original Application No. 606 of 2018 and if there is any violation of the:direction issued by the Principal Bench of National Green Tribunal, then whether any steps: have been taken for realizing the compensation as directed by the Principal Bench from the erring local body. These . things are absent in the repatt. Ye
7. So under such circumstances, we are not satistied with the "report submitted by the Joint Committee and the Joint: Committee is directed to.submit a further report explaining the above things in detail and submit the report to this Tribunal on:or:before 24. 09. 2020.
8. The concerned focal body is also directed to submit the status report regarding the implementation of Solid Waste Management Rules, 2016 in respect of this dumping' ground and the extent of legacy waste available and time required. for disposal of the Same in a scientific : imanher as provided under the Solid Waste > Management Rules, 2016.
And directed the following unit. e "The Pollution Control Board as welll ¢ as the committee appointed by: this Tribunal to submit a further action taken report in this regard.
They aré also directed to mention as to whether the present area where the waste is dumped is.an authorized dumping fill and whether necessary authorization has been obtained for that purpose as required under the Solid Waste Management Rules, 2016.
So, the Pollution Control Board as well as the committee are directed to submit a further action.taken report as directed by this Tribunal 'as per order' dated" 07:08.2020 and' also on the aspects mentioned by this Tribunal-in_ this order on or before 05.11.2020 by e- filing. If they do not file the report as directed by this Tribunal, then the Tribunal will be compelled to ask them to appear before this Tribunal to explain as to why the directions of this Tribunal has not been complied with.
The Saint Thomas Mount Panchayat Union is also directed to submit the further progress report in this regard as well.
2) Status Report by Commissioner of St. Thomas Mount Panchayat Union It is respectfully submitted that the Commissioner of St. Thomas Mount Panchayat Union furnished the following detailed status report:16
1. Total Area of the Medavakkam | 12.00 Sq Km Panchayat:
2. Total Population of the Panchayat: | 75000
3. Total Household of the Panchayat: | 18000
4. No of Wards: 12 Nos.
5. Generation of total solid waste in| 20.00 MT/day (Bio degradable the village panchayat area: waste - 10 MT and Non biodegradable waste -- 10 MT)
6. Location of the area in question: Medavakkam -- Survey No.416/2 . (12.916887, 80.195076)
7. Total extent of area on question: - 9.40 Hectares Classification of the area in "Karadu" as per revenue records question: ee
9. Status of area in question: | v. An abandoned Quarry vi. Not a water body area vii. No encroachment inthe said area viii. Not a forest land Status of solid waste management ~ handling, treatment and disposal Generation of total solid#waste in the village panchayat area:
20. 00 MT/day (Bio degradable waste -- 10 MT and Non biodegradable waste = 10 MT) ~. Present Status of éollection:and disposal of solid waste:
. Presently. the -waste collected from the° village panchayat area is being collected from dustbins located in the 'streets by panchayat sanitary workers using 13 E-Cart Trieycles, 9 Tractors and with 42 Sanitary workers which is dumped. in the said location at S.F. No.416/2 (12.916887, 80.195076) which, which is owned by Medavakkam Village Panchayat.
¢ Construction of Micro Composting centre in the site in progress.
=: Proposals:
(7) 100% collection of solid waste being génerated within its jurisdiction with proper sepcuadion, door to doer collection will be carried out by complying with the provisions of the Solid Waste Management Rules, 2016 within a month time.
(8) Micro Composting centre will be crated at the area in question within one month to compost the segregated bio degradable waste of 10 MT/day and non degradable waste of 10 MT/day including plastic waste will be collected and will be disposed through recycling facilities through co-processing in the cement factories.17
Il, The extent of legacy waste available and time required for disposal of the same in a scientific manner as provided under the Solid Waste Management Rules, 2016 i Total quantity of legacy waste available 1500 T ii. Processing of the legacy waste and time required Proposed to carryout Bio-mining of the legacy waste within 3 months by adopting the procedural aspects as per CPCB guidelines and to dispose the same in a scientific manner in a period 2 months after the commencement of the bio mining activity.
3. Compliance of the Direction:
In due compliance of the direction of the Hon'ble National Green Tribunal (SZ), the Joint Committee has again cartied out inspection in the area in question on 20.11.2020. . |
4. Observations by the Committee:
During the time of inspection, 'the committee observed. the following: a. | See
1) The village panchayat is.not having solid waste processing facility, hence not carrying out the processing of the solid waste collected from 'the village panchayat area as per Solid Waste Management Rules, 2016. ee
2) . The village panchayat is now carrying out the establishment oF Micro a 'composting centre in the said''site (Survey. No.416/2) for handling segregated bio degradable waste.and it was reported by the local body that it will.be completed within a month time. -
3) Unsegresitta solid waste is being chai BBe in the area in question by the village panchayat and the said site is not a authorized land fill facility and the Tamil Nadu Pollution Control Board has not given any authorization under the provisions of the Solid Waste Management Rules, 2016 to the village panchayat.
4) The: said aréa belongs to Medavakkam Village Panchayat which is classified as Karadu as per the.revenue records and it is being utilized by Panchayat for dumping the solid waste for the past 10 years.
5) Environmental Compensation It is further submitted that as the Village Panchayat has taken action for the installation of Micro Compost Centre (MCC) for handling Bio degradable Waste and the installation is under progress, complete the same within a month time and taking action for the scientific removal of the legacy waste by bio mining and also taking action for the 100% day to day collection of the solid waste generated from the village panchayat area, Environmental Comepsnation to the said local body has not been levied.
5. Recommendations:
1816.
Based on the above observation, the Joint Committee submits the following recommendation before the Hon'ble National Green Tribunal (Southern Zone)
1) 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 within a month time.
2) The village Panchayat shall establish Micro Composting Centre within a month time to compost the segregated Biodegradable Wastes and shall dispose the non "degradable waste including plastic waste through recycling facilities or through co processing in the cement factories. : a)
3) The.,village panchayat shall commence the Bio Mining of the legacy waste within 3 months and 'shall complete the activity and its scientific disposal within two months.
4) The village panchayat shall levy fine on the viglirors dumping solid ~ waste in the area inthe question.undet Local Body acts. :
5): The village panchayat shall create awareness regarding the source "segregation of the Solid wastes and to encourage. the publie 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 the jurisdiction.
* 6): Tamil Nadu Polltition Control Board shall conduct periddical "inspéction of the site in question and ensure' that the local body is complying with the provisions of the Solid Waste Management Rules 2016 and the'points as suggested by the Joint Committee."
Thereafter, this Tribunal had-passed the following order:-
"4.It is seen from the. report that the Medavakkam Village Panchayat is not complying with the Solid Waste Management Rules, 2016 and they wanted. seme..more time for implementation of the Solid Waste Management Rules, 2016 and certain recommendations were given by the committee in the report that granting time as requested for complying with the rules by providing pe month for collection & segregation and three months for disposal of the waste.
5. It may be mentioned here that this is against the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 whereby an ultimate time line was fixed as 31.03.2020 for the purpose of strict implementation of the Solid Waste Management Rules, 2016 in the respective local bodies and certain direction were given to the respective Pollution Control Boards and Pollution 19 Control Committees to levy the penalty at the rate provided in the slab depending upon the population in the local body but nothing was mentioned about the same in the report.
6. The Pollution Control Board had also not filed any report regarding the nature of action taken by them to implement the direction given by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 in this case.
7. When this was pointed out, the learned counsel appearing for the Pollution Control Board submitted that they will come with an independent report, if some time is granted.
8. The matter is oF the year 2017. The only question that arises for consideration is tegarding the implementation of the » Solid' Waste Management Rules, 2016 in the Medavakkam . Village Panchayat in.its letter and spirit:
9. Inspite of the fact that the Principal Bench of the National | Green Tribunal, New Delhi is taking cognizance of the issue in a PAN India basis and issuing periodical directions, strictures "ete. The implementation at the grass-root level is very minimal and that shows the sorry state of affairs and 'if the directions 'issued by the Principal Bench of National Green Tribunal is 'not strictly complied with, then this: 'Tribunal will be compelled to take coercive steps against those persons who . are responsible for its implementation for their failure in implementing i in it.
10. However, considering the request made by the learned counsel appearing for the Pollution Control Board, we feel that some more time can be granted to them to submit the report as directed by this Tribunal.
11. The Pollution Control Board as well as the Committee are directed. ta submit a further report and the Medavakkam Village Panchayat is also directed to submit a present status report and the steps taken by them to comply with the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 and as to why action should not be taken against them in compliance with the directions issued by the Principal Bench in this regard of levying the environmental compensation for their failure in implementing the same.
12. The Committee as well as the Pollution Control Board and the Medavakkam Village Panchayat are directed to submit 20 a further action taken report as directed by this Tribunal on or before 04.01.2021 by e-filing along with necessary hardcopies to be produced.
17. The case was posted to 04.01.2021 for consideration of further report. Thereafter, the matte has been adjourned from time to time either at the request of the parties.or by notifications. Again, the matter was taken up on 13.09.2021 and Sn that day, this Tribunal had considered the earlier order passed on 24.09.2020, 05.11.2020 and then passed the following order:-
"3..The case was posted to 04.01.2021 for filing further report. Thereafter, the matter was taken up on 13.01.2021, 11.02.2021 and 10.03.2021 and all these days at the request of the parties, the matter has been adjourned for submitting further action taken report. As per order dated 10.03.2021, the case was. posted to 12.04.2021 for that. purpose.
Thereafter, the matter has been adjourned from time to time by successive notifications and lastly the matter has been adjourned to today as per notification dated 18.08.2021.
4. The learned counsel appearing for the Tamil Nadu Pollution Control Board (TNPCB) submitted that they have received the information regarding the further action taken and if some time is granted they may be able to file the report as directed.
5, The Panchayat Union, Medavakkam Village, and the District Gollector, Kancheepuram District are directed to file the further status report regarding the implementation of the Solid Waste Management Rules, 2016 within their Jurisdiction.
6. The Commissioner, St. Thomas Panchayath Union/9"
respondent the District Collector/7" --_ respondent, Kancheepuram District and the Tamil Nadu Pollution Control Board/4" respondent are directed to file their independent reports regarding the same before this Tribunal and they are directed to file the present status of the disposal of the legacy 21 waste and the implementation of the Solid Waste Management Rules, 2016 and the impediments if any, for implementing the same in the respective Panchayath and what is the solution identified by the District Administration as well as the Commissioner, Panchayath Union and the Directorate of Rural Development & Panchayat Raj in this regard as the matter is pending since 2017 and the grievance is regarding non- implementation of the Solid Waste Management Rules, 2016 in the Panchayath Union.
7. The above officials are directed to submit the respective report to this Tribunal 'on or before 28.09.2021 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. | :
8. The Registry is directed to communicate this order to the members. of the committee, official respondents and also to the Chairman, 'Tamil Nadu Pollution Control Board, District Collector, Kancheepuram District and~ also _ to... the ~ Commissioner, . Saint. Thomas Mount Panchayath | Union,
-Chitlapakkam, Directorate of Rural | 'Development & "Panchayath Raj for their information and also filing their __ reports as directed,
18. The case wa posted to 28.09.2021 for consideration of further action taken report. On 28.09.2021, this Tribunal had considered the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 27.09.2021, e-filed on the same date and extracted in Para (3) of the reads which reads as follows:-
"REPORT FILED ON BEHALF OF THE 4th RESPONDENT TAMIL NADU POLLUTION CONTROL BOARD.
I, R. Sarasavani, daughter of Thiru. J. Raghavan, Hindu, aged about 56 years, having office at No. 76, Mount Salai, Guindy, Chennai-600 032, do hereby solemnly affirm and sincerely state as follows:
1. Iam the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai - 32 and I am filing this Report on behalf of the 4th respondent and as such I am well acquainted with the facts of the case from the records.22
2. It is further submitted that the Hon'ble NGT its order dated 13.09.2021 directed as follows:
"The Commissioner, St. Thomas Panchayat Union/9th respondent the District Collector, Kancheepuram District 77th respondent, and the Tamil Nadu Pollution Control Board/4th respondent are directed to file their independent reports regarding the same before this Tribunal and they are directed to file the present status of the disposal of the legacy waste and the implementation of the Solid Waste Management Rules, 2016,..and the impediments if any, for implementing the same in 'the respective Panchayat and what is the solution identified by. 'the District Administration as well as the Commissioner, Panchayat Union and the Directorate of Rural Development & Panchayat Rajin this regard as.the matter is pending since 2017 and the grievance is regarding non- implementation of the : Solid Waste. Management Rules, 2016 in the Panchayath Union".
3. It is | respectfully submitted that, the TNPCB "has earlier "ssued directions under section 5 of Environment (Protection) Act, 1986 to,the Block Development Officer, St. Thomas Mount Panchayat Union for non compliance of Solid Waste Management Rules, 2016 by the Medavakkam Village Panchayat and directed to comply with certain conditions as "= stated therein vide _ Bd. _Procs.No.T1/TNPCB/SWM/ F.023182/MMN/2020.. .. . _ dated 12.01.2021. - |
4. : It is further submitted that, in pursuance of -the orders of . the Hon'ble National Green T. ribunal (SZ) dated 02.07.2021, the area in question pertaining to "Medavakkam Village Panchayat and Vengaivasal Village. 'Panchayat' was 'Weed by the District Environmental Engineer, Maraimalai Nagar on 20.07.2021 and reported the following, i. .The Medavakkam village....panchayat...has...established the Micro composting centre in the said site (Survey No 416/2) for handling segregated bio degradable waste and yet to commence the processing of solid waste. :
ii. Presently unsegregated solid..wastes is being dumped in the area in question by the village panchayat.
ili. No reply was received from the Block Development Officer/Commi ssioner St. Thomas Mount Panchayat Union for the directions issued by the Board vide proceeding dated 12.01.2021.
Iv. The Vengaivasal Village Panchayat has completed the establishment of the Micro composting centre and yet to be commissioned. Presently unsegregated solid wastes are being collected and sent to dump site at Appur_ village, Kattangulathur Block, Chengalpattu District.23
19.
5. It is respectfully submitted that, the Medavakkam Village Panchayat and Vengaivasal Village Panchayat of St. Thomas Mount Panchayat Union are not properly implementing the Solid Waste Management Rules, 2016 and also the Medavakkam Village Panchayat has not commenced the bio-mining process of legacy waste, thereby not complying with the provisions of Solid Waste Management Rules, 2016
6. It is submitted that, in compliance with the Hon'ble National Green Tribunal (Principal Bench). vide orders dated 28.02.2020 & 02.07.2020 in 0.4. No.606 of 2018, the Board has assessed an interim environmental compensation of Rs.32 lakhs for a period of 16 months (from April 2020 to July 2021) to the Medavakkam Village Panchayat. for not properly implementing the Solid Waste Management Rules, 2016 and: for. not commencing the. bio-mining process of legacy waste. Further, an amount of Rs. 16 lakhs has been assessed as an interim environmental compensation for a period of 16 months (from April 2020 to July 2021) to the Vengaivasal Village Panchayat for not properly implementing the Solid Waste Management Rules, 2016. |
7. It.is respectfully submitted that the INPC Board. has issued Show Gause* Notice under Section 5° of the Environment Protection Act, 1986 to the Block Development Officer/Commissioner, St. _ Thomas Mount Panchayat Union as to why the Board shall not levy Interim Environmental Compensation Rs.48 Lakhs (from April 2021 to July:2021) for.non compliance of the Hon'ble 'NGT orders and for not complying with. the provisions of the of Solid Waste Management Rules, 2016 by the Medavakkam Village Panchayat and Vengaivasal Village Panchayat vide Board's Proceeding dated 09.09.2021.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green..Tribunal (Southern Zone)...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; "
Thereafter, this Tribunal had passed the following order:-
"4, It is seen from the report that the bio mining has not been started and though micro compost centres have been established, the same have not been commissioned. Since both these panchayats were not properly implementing the Solid Waste Management Rules, 2016 in compliance of the directions issued by the Principal Bench of National Green Tribunal in O.A. No.606 of 2018, they have assessed the interim environmental compensation of Rs.32,00,000/- (Rupees 24 Thirty Two Lakhs only) in respect of Medavakkam village panchayat and Rs.16,00,000/- (Rupees Sixteen Lakhs only) in respect of Vengaivasal village panchayat and the notice was issued to the Block Development Officer / Commissioner, Saint Thomas Panchayat Union as to why the amount should not be imposed and they are awaiting the reply to be filed by them and after that, they will be taking appropriate further action in this regard.
5. The Commissioner, Saint Thomas Mount Panchayat Union has not filed any further action taken repott.in respect of implementation of the Solid Waste Management Rules, 2016 and also disposal of the legacy waste in the dump | yards so far.
6. It may be mentioned here that in O.A. No.606 of 2018, the Principal Bench of National Green T ribunal, New Delhi had taken cognizance of.the issue and even. on interaction..with the Chief _Secretaries of all the States, periodical directions have been issued to take action to implement the Solid Waste Management Rules, 2016 'in their respective States. So, the higher level official namely, the Chief Secretary cannot shirk their 'responsibility and they are ~ responsible for nioatiiplemeriiation of the Solid Waste Management Rules, 2016 in all the local bodies and if they require any financial or technical support, it is for the Chief Secretary to look into the issue : and resolve the issue and see that implementation of the Solid Waste Management Rules, 2016. are implemented in the State of Tamil Nadu in its letter and spirit. Itcannot be said that they are not aware of the subsequent orders passed by the Principal Bench levying environmental compensation from. 01.04.2020 for non- implementation of the Solid "Waste | Management Rules, 2016 depending upon the population.of the local body against the erring local bodies and direction issued to all the State Pollution Control Boards and Pollution Control Committee to implement the same as well. So, it is high time for the higher officials to take serious note of those aspects and take immediate action for implementation of the Solid Waste Management Rules, 2016 wherever it is not being implemented in its letter and spirit. Keeping legacy waste without disposal will result in serious environmental issues and affect the health of the people as well.
7. So under such circumstances, we direct the Chief Secretary, State of Tamil Nadu, Principal Secretary for Rural Development and Panchayat Raj and Director of Rural Development to look into the issue and come out with a proper action plan for implementation of 25 the Solid Waste Management Rules, 2016 in these local bodies with time line, so that this Tribunal can dispose of the matter by giving directions to implement the action plan within time line undertaken by them. Apart from this, the Commissioner, Saint Thomas Panchayat Union is also directed to file independent report regarding the action taken from his side to implement the Solid Waste Management Rules, 2016 and if there is any hurdle in implementing the same, what is the nature of action taken by them to effectively implement the same within their jurisdiction before the next hearing date. | :
8. The Tamil Nadu Pollution Control Board is also directed to file the further action taken report pursuant to the show cause notice issued.
9. They are directed to submit the respective reports to this Tribunal on or before 29.10.2021. by e-filing in the form of Searchable PDF/ OCR Supportable PDF and notin the form of Image PDF along with necessary hardcopies to be produced as per Rules.
10. The Registry is directed to communicate this order to the official respondents, Tamil Nadu Pollution Control Board, Commissioner, Saint Thomas Mount Panchayat Union and also to the Chief Secretary, State of Tamil Nadu, Principal Secretary for Rural Development and Panchayat Raj and Director of Rural Development by e-mail immediately for their information and taking necessary action in co-ordination with the subordinate officials as directed by this Tribunal.
20. The case was posted to 29.10.2021 for consideration of further report. On 29.10.2021, this Tribunal had passed the following order:-
"1, The above case has been posted to today for consideration of further action taken report in respect of implementation of the Municipal Solid Waste (Management & Handling) Rules, 2016 in this area.
2. We have directed the concerned local bodies, the Tamil Nadu Pollution Control Board and the Commissioner, St. Thomas Panchayat Union to file independent reports to this Tribunal with further direction to Principal Secretary, Rural Development and Panchayat Raj and Director of Rural Development to look into the issue and submit independent reports.26
3. But no such reports have been filed so far in this case though, the issue regarding implementation of Municipal Solid Waste (Management & Handling) Rules, 2016 is pending before this Tribunal since 2017 onwards. Quite unfortunately, there was an earlier rule dealing with such issues, namely, Solid Waste Management Rules, 1998 superseded by 2000 Rules and then again superseded by 2016 Rules. But in spite of that, no permanent solution has been evolved by the Stare, Government to resolve this issue in an effective manner. -
4. Further considering all these: aspects, Principal Bench also took cognizance of the issue in O.A. No. 606 of 2018 on Pan India manner and certain directions have been issued to take ' steps to implement Municipal Solid Waste (Management & Handling) Rules, 2016 in the respective States by calling the . Chief 'Secretaries of each State and the Chief Secretary of each State was directed to review the issue by involving the concerned local bodies who are expected to carry out the same in an effective manner and provide all logistic support for the purpose of implementing the Municipal Solid Waste | (Management & Handliis) Rules, 2016 in its letter and "spirit. ae :
fo. Further, the Principal Bench of this Tribunal also evolved a policy OF: imposing environmental compensation for non- compliance by putting a cut-off date of implementation as 31.03.2020 and provided a slab of imposing environmental compensation and gave direction to the Pollution Control Boards/Pollution Control.....Committees of respective States/UTs to impose environmental Compensation on that basis against the erring local bodies and take steps to initiate even prosecution under the Environment (Protection) Act, 1986, if it is not 'properly implemented with the copy to the Chief Secretaries of all the States. But in spite of that no effective holistic steps have been taken for the purpose of resolving the issue permanently. Only piecemeal reports are filed by the local bodies raising certain difficulties in implementation, such as want of funds, want of land for carrying out waste management facility in a schedule manner and dispose of legacy waste in the dumpyards in a segregation manner by bio-mining etc as provided under the 27 Municipal Solid Waste (Management & Handling) Rules, 2016. All those things can be possible only if higher level officials at the Chief Secretary level conduct review meeting regularly of all Secretaries involved in this like, Principal Secretary for Environment, Additional Chief Secretary for Municipal Administration and Water Supply, Principal Secretary for Rural Development, Director for Municipal Administration, Director for Town Panchayat and Director for Rural Development and review the situation within the respective jurisdiction "of those officers and identify the reasons for non-implementation of the same in the way it was expected to be implemented as directed by this Tribunal and also by Principal Bench in O.A. No. 606 of 2018 and : evolve a holistic approach and plan as to how the. difficulties raised by each local bodies will have to be addressed and . fesoWed so as to implement Municipal Solid Waste (Management & Handling) Rules, 2016 in «its letter and spirit, 'so as to make the vision of Hon'ble Prime Minister "Garbage Free India by the end of 75% Year of Independence" which has been announced by the Hon'ble : 'Prime Minister on the..birthday of our Father. of fe Nation, "namely an October of this 'Year.
6. 'In one of the orders of the Principal Bench, there. was a | direction to constitute Committees at the State level, District level and Taluk level. apart from constituting a Apex Level Committee to review the action with retired High Court Judges and independent technical personnel having expertise in this field forthe purpose of monitoring the implementation of Solid Waste Management Rules, 2016 and if there is any gap found to take appropriate steps to fill up the gap and implement the Solid Waste Management Rules, 2016 in its letter and spirit. Whether such steps have been taken and if so what is the nature of action taken by the Committees to resolve the issues and whether any reports have been received from such Committees for the consideration of Chief Secretary to resolve the issue. If not, what is the nature of action taken by the Chief Secretary to implement that direction of the Principal Bench in that regard.
7. The Chief Secretary is directed to consider these aspects 28 and come with a holistic report before this Tribunal on or before 17.12.2021 by e-filling 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 and the progress report to be filed by the concerned local bodies and the regulators.
8. The Registry is directed to communicate this order to the Chief Secretary, State of Tamil Nadu for taking appropriate action on the basis of the directions issued by this Tribunal and submit the report and also to the official respondents to whom direction have already been issued to file their independent reports...
9, The Registry is also directed to communicate this order to : Chief Secretaries of other States, namely, State.of Kerala, Andhra Pradesh, Telengana, Karnataka and Union 'Territory . of Puducherry and Lakshadweep highlighting the portion of the order directing the Chief Secretaries to act pro-actively for this purpose and ask for the report in this regard. 7
21. The case was posted to 17.12.2021 for consideration of further report. : herbatter, the matter has been adjourned from time to time either by suceiaes notifications or at the request of the parties aid lastly, it was adjourned oy as pet sider dated 18.04.2022. :
22. When the matter came up for hearing today, we have received the report submitted by the Director of Municipal Administration, Chennai e- filed on 11.02.2022 in respect of the holistic steps taken by them in respect of compliance of the Solid Waste Management Rules, 2016 within their jurisdiction in the State of Tamil Nadu which reads as follows:-29
Compliance Report on the NGT order in 0.A. 210 of 2017 on the Progress on implementation of the Solid Waste Management Rules 2016 in the state of Tamil Nadu introduction Tami Nasu is a fast growing and the most urbanised State in intha. The link between economic development and urbanisation is wetl established, According to the 2011 Census, Tamil Nadu ranks third in the level of urbanisation (48.4596) in the country among the larger States, The urban population of Tamil Nadu is 24,95 million {Census of India, 2013} out of a total state pooulation of 72.14 million end constitutes 48.49% of the population, While the percentage of urban population in the country Increased from 19.8556 te 31.16% during 1901-2611, Tamil Nadu registered a much higher percentage increase Le., from 14.15% te 48.45%. during the above period. Extended areas of Urban Agglomerations (UAS) in Tamil Nadu have also been witnessing rapid growth, with nearly 58% of the urban poculation living in the top 25 UAS, In Tami! Nadu, Municipal Administration and Water Supply Department fas the administrative control over Greater Chennai Corporation, Directorate of Municipal Administration and Commissionerate of Town Panchayat. The Commissioner of Greater Chennai Corporation administers the Greater Chennai Corporation with a population of 6867184. The Directorate of Municipal Administration manages 20 Corporations and 138 Municipalities with a Population of 3 30 1,87,27,049, Sirnilarly 490 Town Panchayat with a Population of 98,76,996 are managed by the Commissioner of Town Panchayat.
Management Rules, 2016 including Legacy SWM Duties of District Magistrate or District Collector or Rule i2 Beputy Commissioner to review performance of local bodies Current Status status The District Collectors are conducting regular meetings and the copies of minutes of meeting and the action taken report with Complied respect to Compliance of Solid Waste Management Rules 2016 ° are being submitted to the Directorate of Municipal Administration, SWM Rules Notification of Solid Waste Management Policy and Strategy i5(a}, (e)}, Building Bye jaw enforcement (ze), (f}, Frame Bye Laws for Rules, user fee for waste generators, fof}, {y}, Levy of fines etc. {z) & 16 Authorization of Pollution Contro! Board Duties of State Pollution Control Board or Committee Current Status » State Policy on Solid Waste Management notified on 24 08.18.
+ Provision made in section 35 {17} of Tamil Nadu Combined Development & | Building Rules 2019. :
» Ail ULBs framed & notified the Bye law with provisions for user fee & spot fines ULB wise Solid Waste Management golicy and Action plan prepared for 219 ULBs. Gazette Notification has been done for.ai the ULBs, 1 » TNPCB has issued authorization under SWM Rules. 2016 te all 219 ULBs 31 SwM Inclusion of Organisations of Waste pickers. and informal Rules i5 sector, Facilitate SHG. Formation, Provide ID Cards & {c}, (d}, Integrate in SwM th}, (i), Material Recevery Facilities te 'he established {t, (v), Domestic hazardous wastes to be cellacted and disposed {ed3 safely Ensuring personal safety of waste handiers Self Help Group Activities Current status | system by engaging them through outsourcing agencies.
» Day to cay functioning of MCCs entrusted mostly with SHGs.
« 1D cards issued and. biometric attandance maintained, > Ory waste is collected ana désignated day of the week fevery Wednesday) & transported to Resource Recovery Centras (RRCs/MRFs } * Workers are educated te collect the waste in a segregated manner.
~ Waste genarators. are aricouraged to deposit the domestic Hazardous waste diréchiy at MREs or RECs /* Domestic hazardous waste such as Napkins, Diapers and Paramedical wastes collected separately on a daily basis and are being incinerated in the MCCs.
+ Citvens are encouraged to hand aver domestic hazardous waste such as Paint drums, Thermemeters, expired medicines, Tube jights separately on a weekly basis. The waste is-transported to the Domestic hazardous waste depesition | centre/MRFs and periodically disposed to the facilitator authorized by TNPCA, a Safety equipments and unlform provided to sanitary workers, is Werkers are encouraged to use protection equipments during their routine collection works and processing activities SWM Rules Door to Door Collection 15 (6), (v), Segregation, tr), {(m), Preference to Construct, Qperate & Maintain Solid Waste {p)), {q}, Pracessing Facilities {u} Setiing up of Bio Methanation Plants, Onsite Camposting Centre in Parks and gardens, Transportation of nen-biedegradable waste Material Recovery Facilities to be established Current Status Desira. Gap Proposal ble for attending gap Level Door to Door collection- 95% 100% §% 'Through IEC activities the ee wshasses rgan igs expected to be 100% 20% | completed by 31.03.2022.32
waste Total Waste Generation in 664 ULBs is.13,912 TPB ¥ Total wet waste géseération is 7512 TPD (542%) * Waste te Compost Processing | faciiities {Micro Compost Centres} ¥ 41051 MCC sanctioned to process 3758 TPO of wet waste ' Processing facilities for wet in 15 Corporations and 121.
Municipalities with handling capacity of 3399 TPD have been established.
Yio GCC, i Bia CNG plant is functioning to process 50 TED, 5 Garden waste & tender coconut shelis with processing giant of 400 TPD is processed for 150 TPD and installed and processed for &0 TPD ¥ 807 OCCs are established in TPD as waste to compost, ¥ 123 Blomethanation olants are established to process 259 TPD of Wet Waste, 527 Windrows and 11 Vermi Composting plants ate functioning with | capacity of 1278 TPD.
and 42 Town | panchayats. So far, 967 MCCs | 2 Windrow.
composting center with | capacity of 100 TPD js Corporations & Municipalities with a handling capacity of 418 | ¥The = Overall Processing percentage of wet waste is.
75% (5634 TED} 100 % :
¥ Construction of 6 nes of Bio-CNG plant of {otal design capacity 600 TPE (00 TD each} are in progress ¥ Construction 1 nos of.
Biogas. plant at a total design capacity of 0.5.
TPD is in progress | In GCC, work in under progress for managing 600 i TPO of wet waste.
25% 33 Processing facilities for wet waste Tatal Waste Generation in 664 ULBs is 13,912 TPB ¥ Total wet waste generation is 7512 TPD (54%) ¥ Waste to Compost Processing facilities {Micro Compost Centres} ¥ 1051 MCC sanctioned to process 3758 TPD of wet waste in 15 Corporations and 124 Municipalities and 42 Town panchayats. So far, 967 MCCs with handling capacity ef 3399 TPD have been established, "In GCC, 1 Blo CNG plant is functioning to process 50 TPD.
5 Garden waste & tender coconut shells with processing plant of 400 TPD is processed for 50 TPD and 2 Wincrow.
composting center with capacity of 00 PD is installed and processed fer 80 TPO ¥ 907 OCCs are established in Corporations. & Municipalities with a handling capacity of 418 TPD as waste fo compost.
¥ 123 Biomethanation plants are -
established to process 259 TPD of Wet Waste. 527 Windrows and 11 Vermi Composting plants are functioning with capacity of 1278 TPD.
"The Qverall Processing percentage of wet waste is 75%. (5634 TPD} 100 % 25% y Construction of 6 ses of Bio-CNG plant of total design capacity 600 TPD (100 TPD each} are in progress v Construction 1 nos of Biogas plant at a total design capacity of 0.5 TPD is in progress In GCC, work in under progress for managing 600! TPD of wet waste.34
Suey Sdiantivic Land ful Rules 25 Desired OQbiective of Zara Waste Concept tw}, teh: C2} Surrent Status Proposal for attending gan pracessed and carverted as fompest and Bio Gas.
Hence there may nat be and residyve to take ta! land FIR Ut present 759% of wet wastes are:
scientifically disposed .
without using hand. fill.
The saleable dry wastes generated ane throught dacal verchors and nan saleable wastes are disposed to cement industries periodically. .
The. nen saleable ecombustibhe. waste being shared in. RRO:
" Marching towards "Zero Residue | Concept'.
Swe cispesed | ore : Desirable | Ga Leval g OOS. 20 ¥ My Removal of Legacy waste sonverted inte bie Manure without any residue, AN the recycled dry waste are being dispeased toe recyctad:
vendors Alt waste having ocambustible the som recyclable cry ww Hakvee capa being sent ta) cermrvank industries tp use as at Twat, Apart from the above, Initiation Faber: te comsfrinck the mMecineraten plant for balance quantity of dry waste disposal te the stenderd of PCS recammendation .and it is proposed to use the expected resicue fram this.
plarit. fer manufacture of Gricks, tes: arre Rules 15 Sioa Mining, Bio Remediation or Bio capping of legacy waste in (ai), (ak) dismpsite Current Status " Reclamation of dump yore fhe with jegecy cwaste thraugh bis mining process (is proposed. The total legacy waste in the 218 Wiles | is 200 fakh cusrn, Biornining Is pot feasible in 16 ULBs dus te rainirogrry quantity & abandened quarry sites and in-446 ULEs there Is ro Jecany waste dumped.
" in the remalning 202 ULEs, bio remediation af ald snd abandoned dure sites fave beer taken upoin 734 Wise £135 Corpcrations, 87 Municipatitves and 44 Tower Panchayats) rernove the IDL Lakhs Guipy af Legacy waste thraugh bie mining process at 28 tetal estimated cash of "Bs. T739.16 Crores, After cornpletion of the biornining works, about 2360 acres af land valuable to Rs. 2650 Crore will-tee reclainned, to
- Bio Mining werks has been competed in 42 Us (29 and t4 Tew panchayats) alse chrarecd 27.82 Lakh Cu.m of fegacy waste so far and 214 'acres af fand has been reclaimed, Works in 107 ULBs arein VArIGNS Stages. .35
BPesirabt @ Level LENE Gap.
"ahtemp| éted 14%) Fund Sarectia red & under progres ges Proposal far attending gap Sic mining works under progress In:
reanaimng bc WILBs. Th wi be completed before 30.08.2022.
Regarding the remaining 38 ULBs, the eatiniated :
quantity af 2 lakhs clue of legacy waste is propased fo be removed In oa Rhased canoer by mebitizing requdred = furrd | fram various Sources.
Blamining work in Greater Cherri Corporation will be carrpheted IA the timie frase of 34.42.2023 § considering thre Desirabi Gap | Current Status & Level Proposal for attending gap c Centre for Environmental Studies, | Guindy Camous, Anna University, | Chennal has been engaged as Third _ Party Inspectian Agency for aif 142 ULBs for technical guidance In. Bio- | MINING Works.
* Biomining works were sanctioned to Greater Chennai and Madurai Corporations in the SBM Circulation note of SHPC curing Feb 2021 at a project cost of Rs.814.97 Crifa limitation of | funding and availability -- of service providing operators for.
removal of | legacy waste.
remove 68.85 Lakh Cum. ;
| ne a J SWM Rules 15 Submission of Annual Report by the local bodies (za}, (zb} Current Status Proposal for attending ; 7 gap v Annual Report for the year 2019-20 ag per Form IV: Submitted submitted to TNPCB in the month of June 2074, Wil be followed in subsequent years also, SWM Rules Information, Education, Communication 15{(zc}, Special Task Force 15(1}, 15(9), 15{zg} [ | Current Status proposal ¥' Periodical ard regular training programmes organized, train 33,000 Sanitary Workers in the year 2018-19.
training programme and the remaining batch wil be © Capacity building programmes organized in 35 Locations ts ¥ Thus far, $200 sanitary officers/workérs have undergone | Comalied 36 completed in the subsequent years.
¥ Periodical RWA meetings are conducted to enlighten the waste generators.
¥ 2846 Animators, 230 Supervisors & 11 Coardinators are | engaged exclusively for IEC under SBM and are working from October 2017 to till date.
¥ Vide G.O {Ms} No.58, Municipal Administration and Water Supply (MAIV) Department. dated 20.4.2019 Government has issued order for the formulation of Special Task Force In ali the Districts for SWM - [EC activities.
v Special Task Force have been constituted in all the Districts. District Collectors are conducting the Snecial Task Force meetings to review the SWM activities in ULBs and MoM are issued, SWM Rules Solid Waste Management in hilly areas; 20 {a}, (b), Avoiding Construction of Landfills on Hills (c}, (dd), (2), Awareness on non-littering {f} Awareness on Provisions of Bye-Law through Hoardings Levy of SWM Charge from Tourists identification of land for SWM Processing facilities in hilly areas Current Status Desirable| Gap | Proposal Level | for attending gap VAll the ULBs disposing waste with al 100% | 20% | Alternative concept of Zero Residue and the Landfils methods to 2 are not established so far. | process wet.
¥ Hoardings on awareness of nore-littering | waste in are displayed in vall the Hilly 'areas which are under ULBs jurisdiction.
accelerated imanner is being :
37with provisions for user fae & spot fines from Tourists, : ¥ Decentralized Micro Composting Centre : (MCC} established in hilly areas af _ Nitgiris, Dindigul and Theni Districts : ¥ Nilgiris District (4 ULBs) - $ MCC with a handling capacity of 29 TPD and 14 Onsite Compasting Centre (OCCs) with 4 :
handling capacity of § TPD and windraws: composting to handle 10 TPD have been established.
¥ ii TPs in Nilgiris District are handling their waste (44,33 TPD) through windrow composting.
: ¥ Is Kodaikanal Municipality, 1 MCCs with a : handling capacity of 2 TPD ard 4 Onsite Composting Centre (OCCs} with a handling capacity of 2 TPD have been established.
: ¥ 12 TPs of Dindigul, Thent and Tirunelveli : districts process their waste (46.155 TPD} | through Windraw composting.
| Recyclables are sold to recyclers and Nor-recyclables are sent to Ultra tech &.
ACC cements.
'currently 'Windrow Composting is | to process the analysed to suit the hilly cimate conditions.
Meanwhile, being practiced wet waste.38
SWM Rules 22 Time frame for implementation & Activity Time limit | Present status of compliance No. fromthe by the State of Tamilnadu | date of Notification | BI of Rules -- | 1 Identification of suitable Lyear All the ULBs in Tamilnadu are "sites for setting up solid _ processing the wet waste on | waste pracessing facilities 'Decentralized method -- by | establishing Micro level composting centres by dividing the Town into No.of Zonation each camprising 2 to 3 Wards without exceeding garsage generation quantity more than five 'PD. Materia) Recovery) Facility/Resource lecovery Faciity also proposed in 4 to 10 Locations covering maximurt of
i) wards for each locations.
2 (identificatiog of suitable iyear <All the ULSs are in the Way sites for setting up common 'Forward of Processing and regional sanitary landfill Disposing the Waste collected on facilities for suitable Day to Day basis with Zero clusters of loca! authorities Resicue Concept, under 0.5 million population | and for setting up comnion | regional sanitary landfill.
facilities or standalone.
sanitary landfill facilities by ail local authorities having a | population of 0.5 million or, 'more. .
3 Procurement of suitable} 2 years -- Bio-degradables are processed sites for setting up solid in Decentralized Micro Compost waste processing facility | Centres. Non-recyclable wastes | and = Sanitary landfill generated are sent to cement. facilities. plants/ sugar mills/ power plants : fer usage as fuel, 13 39 S. Activity "Time limit" Present status of compliance No, fromthe. by the State of Tamilnadu date of Notification « of Rules |
-¥ 3 no of Incinerators with capacity of SSTPD is awaiting | for CTO from TNPCB.
2 nos of 20 TPO (10 TPD gach} each Pyralysis plant to process non decomposable ard non recyclable waste is } in under constrution.
. DMA:
#15 nos. of incinerators are.
' -propesed in 30 ULBS and are | awaiting Consent to Establish | {GTE} and Consent te "Operate (CTO) from TNPCS. | | ¥ 42 nos. of Material Recovery Facility (MRF) is proposed in | 26 ULBs.
CTP:
¥10 nos of 5 MT Incineration olant are sanctioned to process Non recyclable combustible waste and fhe Works are in the various / slages.
- ¥ 19 nos of 100 KG Pyrolysis plant are Sanctioned to process Non recyclable combustible waste ane the works are in the various stages.
Planned for comprehensive SWM | processing facility on Zero.40
s. Activity Time limit | Present status of compliance No. from the by the State of Tamilnadu date of Notification ofRules | | ee ' residue concepts. | | 4 [Enforcing waste generators| 2years . Waste Generators are properly to practice segregation of 'educated and communicated to bio degradable, recyciable, ipractice the segregation of combustible, sanitary waste waste by conducting various domestic hazardous and : awareness program and inert said wastes at source, enforcement initiated through notification of Bye-laws. So far 80% segregation has been achieved and expected to achieve 100% before 7 31.03.2022 5 'Ensure door to door| 2years |95% door to door collection collection of segregated achieved. Bue to the outbreak of waste and its transportation pandemic COVID 19, the entire in covered vehicies to Government Machinery has been processing of disposal 'concentrated to control the facilities. situation and providing 'treatment for the affected and ithat the regular work slow down. The gap is expected to be completed by 31.03.2022 6 Ensure separate storage,| 2years 'All ULBs have earmarked the collaction ard C&D waste deposition facility.
transportation of Currently C& D Waste is being construction and demolition used for laying base course for wastes formation of roads and filling up:
of 'ow iying areas 7 Setting up solid waste! 2years ¥ Biodecradable waste processing facilities by ail collected at door step & local bodies having 100000 processed in Micro or more population Composting Centres (MCCs) 8 {Setting up solid waste 3 years in Corporations and processing facilities by local Municipaities.
bodies and census towns ¥ Each MCC will cater to the belew 100600 populations. waste generated fram 3000- 41 Time limit . Present status of compliance from the gate of Notification .
_Of Rules by the State of Tamilnadu waste 5000 HHs.
i051 MCC sanctioned to process 3758 TPO of wet:
in 15 Corporations | and 121 Municipalities and 42 Town panchayats, So- far, | 967 MCCs with handling"
capacity of 3399 TPD have.
been established.
In GCC, 1 Bio CNG plant js functioning to process. 50 TPD. 5 Garden waste & tender coconut shells. with! processing olant of 400 TPD | is processed for 150 TPD and 2 Windrow -- composting | center with capacity of 100 TPD is installed and processed for 80 TPD 907 CCCs are established irt Corporations & | Municipalities with a handling cagacity of 418 TPD as waste to compost.
123 Siomethahation plants are established to process 259 TPD of Wet Waste, 527 Windrows and 21 Verrni | Composting plants are functioning with capacity of 1278 TPD.
| § Activity No..
rg iSetting up "common Or standalone sanitary landfills.
by or for all focal bodies.
having 0.5 million or more:
3 years
-as serial no. 2 & Z-above | population for the disposal 36 42 of old and abandoned dump sites.
S. Activity Time limit Present status of compliance No. fromthe | by the State of Tamilnadu date of | Notification of Rules ofonly such residual wastes from tre oracessing facilities a5 well as untreatable tnert wastes as permitted under the Rules 10 Setting up commen or! 3years (as serial ne, 2&3 above regional sanitary landfills by all jacal bedies and census towns under 0.5 million posulatien for the disposal! of permitted waste under the rulas a Li | Bio-remediation or capping 5 years ¥ Reclamation of dumo yard filed with legacy waste through bic mining process is proposed. The total legacy waste in the 218 ULSs is 200 lakh cucm, biomining is nat feasibie in i6 ULBs due to Miniraurn quantity & abandoned quarry sites and in 446 ULBs there is no legacy waste dumped.
_¥ Ta the remaining 202 ULBs, bic remediation of old and abandoned dump sites have been taken up in 144 ULBs (13 Corparations, 87.
Municipalities and 44 Town Panchayats} fo remove the 181 Lakhs Cu.m of Legacy waste through bio mining orocess at a total astimated cost of Rs. 1739.16 Crores.
After completion of the biomining works, about 1360 43 | No, Activity | Time limit | Present status of compliance fromthe by the State of Tamilnadu date of Notification , of Rules _ acrés of land valuable to Rs. | _ 1050 Crore will be reclaimed, | Bio Mining works has been! | completed in 43 ULBs (29 and i4 Town panchayats) :
also clearéd 27.82 Lakh Cum.
| OF legacy waste so far and | 214 acres of land has been reclaimed. Works in 101 ULBs are in various stages.
¥ Centra for Environmental Studies, Guindy Campus, | Anna University, Chennal has been engaged as Third Party Inspection Agency for all 142 ULBs for technica! guidance in | Blo-mining works.
" Biomining worx were sanctioned to Greater Chennai and Madurai Corpérations js the SBM Circulation note of SHPC during Feb 2021 at a project cost of Rs,8i4.97 Cr.to | remove 68.85 Lakh Cum.
|" Centre for Environmental Studies, Guindy Campus, Anna University, Chennai has been engaged as Third Party Inspection Agency for ail 142 ULBs for technical guidance in | | Bio-mining works, ¥ Blomining works -- ware | Sanctioned to Greater Chennai anc Madurai Corporations in the S&8M Circulation nate of SHPC during Feb 2021 at a 44
23.
24. S. Activity Time limit {| Present status of compliance 'No. fromthe. | by the State of Tamilnadu date of | Notification of Rules project cost of Rs.814.97 Cr.to remove 68-85 Lakh Cu.m, 12 | Legal Frarne Wark | ¥ SWM Policy for the State as per clause 11. {a} of the SWM Rules has been Notified In 24" August 2018 by the Government.
-" Bye laws as per clause 15 (¢) ' oof SWM Rules 2016 for all ULS's have been Notified and -
int farce, 13 | Annual Report " ~TNPCB submitted Annual Report for the year 2019-20 to the Central Pollution Contral Board on 31.07.2021, Verification Thiru P.Penniak,LA.S., Director of Municipal Adrtinistration "on behalf af the First Respondent herein da hereby verified, the contents of this Repart and they are true to my personal knowledge based on the records and I have not suppressed any facts, 'It is 'scab from the report that they have taken certain steps for implementation of the Solid Waste Management Rules, 2016 and also certain amounts have been allocated for the purpose of implementation of the same. But they have not mentioned the timeline within which they will complete 100% implementation of the Solid Waste Management Rules, 2016 and also the Liquid Waste Management regarding the manner in which the waste generated both solid and liquid will be disposed of in a scientific manner to avoid causing of pollution and health hazards to the people. | The matter is pending from 2017. The implementation of Solid Waste Management Rules, 2016 is always a general problem and even earlier, there was a Solid Waste Management Rules, 1998 followed by 2000 Rules, which was subsequently superseded by 2016 rules. In spite of that 100% implementation of the rules is only a dream.45
25. Further, in the similar matter namely, O.A. No. 273 of 2017 (SZ) Sri Sarvamangala Nagar Residents Association Vs. Secretary to Government Public Works Department Chennai and others by order dated 20.02.2022 this Tribunal had considered this aspect and passed the following order:-
"1. Grievance in this application is against discharge of sewage in Sembakkam Lake, Chengalpattu District in Tamil Nadu. According tothe applicant, the lake in question is important source of recharge of groundwater as well as drinking water. However, the local bodies in the area particularly Tambaram Municipality, Chennai is discharging untreated sewage in the lake which has resulted in degradation of water quality. There is also unlawful extraction ..of groundwater by the _ Municipality by digging wells in the lake bed which has added to the damage to the lake. Pollution has led to spread of water borne diseases like Dengue, Malaria and Diarrhea. There is thus, water and soil pollution for __ which the authorities:of State of Tamil Nadu are required to" be held accountable, apart from: stopping: and . remedying. the continuing pollution.
(2. The application first came up for hearing on
08. 12.2017 when the Tribunal directed issue of notice to the Respondents including the State, Collector, the State PCB and the Local Body. in question. By a later order, a joint Committee was appointed to ascertain the factual position of the water quality and other environmental norms. The. report of the joint Committee was considered on 19,03.2021 which depicted serious violations, including encroachments. The Committee recommended remedial action of preventing dumping of solid waste, discharge of sewage and taking coercive measures against the violators, including the Local Body. The Tribunal accordingly directed remedial measures by preparingan appropriate action plan.
3. In pursuance of above, the latest status report available is report dated 09.02.2022 filed by the Commissioner, Tambaram City Municipal Corporation.46
The report mentions an action plan for Solid Waste Management and Sewerage Management which shows continuing violation without accountability in violation of the Constitutional mandate. There is continuing violation of Constitutional Provisions under Article 243 W and 243 ZD with 12th schedule, the Water (Prevention and Control of Pollution) Act, 1974, the statutory Rules, particularly Solid Waste Management Rules, 2016 and obligation of the State Authorities to provide clean environment, which is part of Right to Life of the citizens. There is also clear violation of directions of the Hon'ble Supreme Court in Paryavaran Suraksha 2017 5 SCC 326, followed by orders of this Tribunal in pursuance of order of the Hon'ble Supreme Court in Paryavaran Suraksha Samiti & Anr. Vs. Union of India & Ors, including order dated 21,09.2020 in 'O.A. No. 593/2017, Paryavaran Suraksha Samiti & Anr. Vs. Union of India & Ors, There is also violation of directions of the . Hon'ble Supreme Court for compliance of Solid Waste : Management Rules, 2016 in WP 888/1996, Almitra H. . Patel Vs: Union of India & Ors., followed by judgment of this Tribunal dated 22.12.2016 in O.A. No. 199/2014, _AlmitraH. Patel. & Anr. Vs. Union of India & Ors. and further orders in O.A. No. 606/2018, Compliance of Municipal Solid "Waste "Management Rules, 2016 particularly order dated 23.04.2019, passed in the presence of Chief Secretary, Tamil Nadu. We also find that inspite of report.of the joint Gommiuttee that the lake was encroached and out of 150 acre area of the lake, only 104 acre remains;:ne information has been furnished about action taken in that regard which is clear breach of 'Public Pruse Doctrine' by the State Authorities.
4. Thus, it is a matter of regret that such failure should continue. Accordingly, we direct the Chief Secretary, Tamil Nadu to forthwith look into the matter and take remedial action for compliance of law by holding a meeting with the concerned Secretaries in the interest of rule of law and public health. The Chief 47 Secretary may also ensure appropriate disciplinary action against the erring officers for such gross negligence and failure of public duties. The State PCB may initiate prosecution against the erring officers in accordance with the direction of the Hon'ble Supreme Court in Paryavaran Suraksha (Supra). An action taken report mentioning status of compliance as on 30.09.2022 be filed with the Registrar, Southern Bench of this Tribunal by 15.10.2022 by e- mail, preferably in the form of searchable PDE/ OCR Support PDF and notin the form of Image PDF. If found necessary, the Registrar may place 'the matter before the Bench for further directions. Tambaram Corporation must set up "sewage -and solid waste management. facilities. The . Sémbakam lake. catchment area should be free from encroachment. No sewage and solid waste disposal. may take place in the lake. The water quality of the lake has to be maintained. 'Sewage treated water may be utilised for non potable purposes. "Solid waste be processed on day today basis and the legacy waste remediated at the : earliest.
| Subject 'to above, the. application is disposed of. - 'A copy of this order 'be forwarded to Chief Secretary, Tamil Nadu andthe State PCB by e-mail 'for Compliance.
26. Since the issue in this case. is also similar, we feel that this application can. also be.disposed. of inthe same.line...So the matter is disposed of with following digeetions:- .
i) The Tamil Nadu Pollution Control Board (TNPCB) is ditected to take appropiate action against the concerned local body, namely, Medavakkam Pnchayat through the Commissioner, St. Thomas Mount Panchayat Union who is not complying with the provisions of the Solid Waste Management Rules, 2016 namely, collection, segregation and disposal of the waste generated within their 48 jurisdiction and also for non-compliance of directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 by various orders including imposition of compensation for non-compliance of the rules, giving a cut of date for compliance as 31.03.2020.
ii) The Commissioner, St. Thomas Mount Panchayat Union within whose jurisdiction the concerned panchayat comes is directed to thonitor the implementation of Solid : Waste Management Rules, 2016 within their jurisdiction 'and if there is any non-compliance found, then they are directed to take steps to fill up the gap to implement the same including taking action against the officers who are not implementing the directions of . this Tribunal in 'implementing the Solid Waste Management Rules, 2016.
: iit) _ The' ..Commissioner, Municipal. Adgainistration is directed to look into the issue and if there atiy proposals for impleinciteeeh are pending oa the Government, then the Commissioner is ditected io take appropriate steps to obtain necessary sanction from the Government including financial atistarce in this regard.
iv) The Director, Directorate of Rural Development and Panchayat Raj Department, the Additional Chief Secretary for Municipal Administration and Water Supply Department and the Chief Secretary to Government, State of Tamil Nadu are directed to consider these aspects including the directions issued by this Tribunal as per order in O.A. No. 273 of 2017 (SZ) Sri Sarvamangala Nagar 49 Residents Association Vs. Secretary to Government Public Works Department Chennai and others dated 20.02.2022 and also in O.A. No. 606 of 2018 by the Principal Bench of National Green Tribunal, New Delhi dealing with implementation of Solid Waste Management Rules, 2016.
v) Considering the circumstances, the parties are directed to bear their respective cost in the application.
vi) The Registry is directed to communicate this order to the Commissioner, St. Thomas Mount Panchayat Union, the Ghairman, Tamil. Nadu. Pollution Control..Board, District Collector, Chengalpattu. District, Commissioner, Municipal Administration, the Director of Rural.Development and Panchayat Raj Department, Additional Chief Secretary for Environment Forests and Climate Change, the Additional Chief Secretary' for Municipal Administration and Water Supply Department and also to. the Chief Secretary to Government, State of Tamil Nadu for their information and also for compliance of the direction.
27. With the above observations and directions, the application is disposed of.
Sd/-
seceeceaeeescceeeneeesesseessceeeeessess J.M. (Justice K. Ramakrishnan) Sd/-
bese eecsecaseceeeeeeesecaeceeeeueeeeeeees E.M. (Dr. Satyagopal Korlapati) O.A. No. 210/2017 26.04.2022 Sr. 50