National Green Tribunal
S.P. Muthuraman vs The Union Of India Rep. By The Secretary on 17 January, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
1
Item No.11
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
O.A.No. 191 of 2015 (SZ)
IN THE MATTER OF:
S.P. Muthuraman .. Applicant
Vs.
Union of India & others ... Respondent(s)
Date of hearing: 17.1.2020
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For applicant : Mr. S. Muthuvairam
For Respondent(s) : . Mrs. Me. Saraswathy for R1
Mr. D.S. Ekambaram for R2
Mr. S.N. Parthasarathy for R3, R6 & R7
Mr. C. Kasirajan for R4 & R5
Mr. Abdul Saleem
Mr. Saravanan for R8
ORDER
The grievance in this application is regarding pollution caused to river Tambraparani on account of discharge of untreated sewage. It is alleged in the petition that river Tambraparani originates from Western Ghats Range and flows through the Districts of Tirunelveli and Thoothukudi which is the only perennial river that flows in Tamil Nadu. It caters the need of not only irrigation but also drinking purpose for the District of Tirunelveli and Thoothukudi. According to the petitioner, due to mixing of sewage water, hazardous effluents and dumping of 2 garbage, Tambaraparani river water has become polluted. Fourth respondent, Pollution Control Board has a duty to monitor and regulate the issue regarding pollution and maintain purity of water in waterbody and take action against Tirunelveli Corporation for discharging sewage water into Tambaraparani river, causing pollution to the same. Though several complaints have been filed, no action has been taken by the authorities. So, petitioner filed the present petition, seeking following relief:
"To restrain the 6th and 8th respondents from using the river Tambraparani as a source for disposal of the sewage from the residential as well as industrial areas of Tirunelveli; To order the 4th respondent to initiate legal action against the 8th respondent under Section 49(1)(a) of the Water (Prevention and Control of Pollution) Act, .
To direct the 1st respondent to monitor and regulate the process of clearing the garbage and effluent from the river Tambraparani and also to issue suitable directions to the respondent 3 to 5 for the maintenance of good environment throughout the entire stretch of river Tambraparni. To direct the 2nd respondent to take appropriate action against the 4th respondent for his failure in adhering to the provisions of Water Act, 1974."
First respondent - MoEF & CC submitted a report stating that protection of river etc are within the purview of State Government and it is for the State, Municipalities and urban bodies to look into the issue. Local bodies are expected to maintain and implement Solid Waste Management Rules, 2016, Construction and Demolition Waste Management Rules, 2016 Hazardous and other Wastes (Management and Transboundary Movement) Rules, 2016, Bio Medical Waste Management Rules, 2016, E-waste (Management) Rules, 2016 and Plastic Waste Management Rules, 2016 respectively. Fourth respondent Pollution Control Board is the body to regulate the activities, curtailing pollution as per the provisions of Water (Prevention and Control of Pollution) Act, 1974. First respondent Ministry is supplementing the efforts of State 3 Government in pollution abatement of identified stretches of rivers by providing financial assistance under the National River Conservation Plan (NRCP) scheme. State Government, apart from their own budgetary allocations, could have assessed financial assistance for creation of sewage infrastructure, including STPs in various cities, towns and other central sector schemes of Union Ministry of Urban Development under their earlier schemes of Jawaharlal Nehru National Urban Renewal Mission (JNNURM) and Urban Infrastructure Development Scheme for Small & Medium Towns (UIDSSMT) or now can assess the present scheme of Atal Mission for Rejuvenation and Urban Transformation (AMRUT). Funds have been provided for this purpose. Central Pollution Control Board has given directions under Section 18(1)(b) of Water (Prevention and Control of Pollution) Act, 1974 to all State Governments to make mandatory for local/urban bodies to set up STPs of adequate capacity and provide underground sewage system to cover entire local/urban areas and to bridge treatment capacity gap as well as enforcement of consent management in line with standards for sewage treatment provided therefor.
Second respondent - Central Pollution Control Board also filed statement more or less in tune with statement filed by first respondent. They have also mentioned that they are monitoring water quality of river Tambraparani at 12 locations from Madura Coats Ltd., Papavinasam, Sivalaperi, confluence point of Kuttralam Falls, downstream of Palamkottai and Tirunelveli. They have identified 302 polluted river stretches in the country on 275 rivers which are receiving sewage generated from 650 townships. River Tambraparani from Pappankulam to Arumuganeri is identified as polluted stretch and the same is communicated to Chief Secretary of Tamil Nadu. Central Pollution Control Board has also mentioned that there is a gap in generation and treatment capacity for urban population and also came to the conclusion that discharge of untreated sewage into water bodies and other places is one of the reasons for pollution of water body.
4Respondents 4 and 5 - Tamil Nadu Pollution Control Board filed statement contending as follows:
"It is respectfully submitted that water samples in river Tamiraparani at various locations such as
(i) Iron Bridge ear Madura Coats (ii) Railway Bridge near Ambasamudram, (iii) Kallidaikurichi,
(iv) Thirupudaimaruthur Temple backside, (v) road bridge near Sun Paper Mill, (vi) road bridge ear Tirunelveli Collectorate, (vii) Vellakovil bridge and (viii) near cremation ground, Seevalaperi are being collected and analysed for chemical and bacteriological parameters every month by Tamil Nadu Pollution Control Board under Monitoring of Indian National Aquatic Resources (MINARS) Programme. Report of Analysis of the river water samples collected for the year 2014 - 15 and 2015 - 16 reveals that parameters such a pH, Dissolved Oxygen Total Dissolved Solids, Total Coliform etc. is fit for drinking water source with conventional treatment followed by disinfection under class C as prescribed by the Central Pollution Control Board, New Delhi for inland surface water bodies."
Tamil Nadu Pollution Control Board has issued "consent to operate" for sewage treatment plant operated by Tirunelveli Corporation for treating 24,200 KLD of sewage at S.F.No.23/1A, Megamudaiyarkulam Village, Tirunelveli Taluk. Tamil Nadu Pollution Control Board also issued directions to Tirunelveli Corporation to provide complete sewerage system for collection of sewage, underground conveyance, treatment disposal etc., taking water samples from river Tambraparani at various eight locations. Tamil Nadu Pollution Control Board further contended that on the basis of notice dated 20.7.2015 received through petitioner, it was forwarded to the Commissioner Tirunelveli Corporation for necessary action and necessary directions have been given to rectify the same. Tamil Nadu Pollution Control Board also issued direction under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 to Tirunelveli Corporation to provide complete sewerage system for sewage collection, underground conveyance treatment and its disposal so as to cover entire area and develop a full fledged 5 sewage treatment plant etc. Public Works Department (Water Resources Organisation), Tirunelveli - seventh respondent is responsible for overall maintenance of river Tambraprani and Tirunelveli Corporation has to take steps to stop discharge of sewage into river Tambraparani. They issued necessary instructions to concerned departments to make Tambraparani river pollution free.
Eighth respondent - Tirunelveli Municipal Corporation filed counter stating that they are taking steps to implement under ground sewerage system and have provided STP for the purpose of treating effluent discharge and they are not mixing sewage into holy Tambraprani river. They have taken all steps as they are not dumping any garbage into river Tambraparani and dumping area has been fenced and green belt has been created.
Petitioner filed rejoinder to the reply filed by various respondents. Tamil Nadu Pollution Control Board also produced certain documents to show nature of steps taken by them against erring units like Madura Coats Pvt Ltd., and other industrial units. On the basis of the direction given by the Hon'ble Apex Court in the order dated 1.2.2016 proceedings were initiated, as per proceedings dated 14.10.2016 and that was challenged by Madura Coats Pvt. Ltd., before Hon'ble Apex Court by filing Special Leave Appeal (Civil) No.33787 of 2009 and that was disposed of by giving direction to Madura Coats Pvt. Ltd., to install Zero Liquid Discharge Plant and granted permission for commencement of the project and complete the same as per the time line given.
On 12.4.2017, as per the directions of this Tribunal, by order dated, 22.3.2017 Commissioner, Tirunelveli Municipal Corporation, Superintending Engineer, PWD,WRO, District Environment Engineer, Tirunelveli District and City Engineer, Tirunelveli City Corporation were present and they submitted a consolidated report of analysis of Tambraprani river water and consolidated report of analysis of treated effluents samples of Madura Coats Pvt. Ltd and 6 according to them this is the only industry which is situated by the side of the river and discharge effluents into the river and there is a litigation pending before the Hon'ble Supreme Court regarding the same. The Commissioner, Tirunelveli Municipal Corporation submitted a proposal for Amrut Scheme which is pending consideration and only one sewage treatment plant is available with the capacity of 34.8 MLD and total generation is only 8.4 MLD and hence the capacity of the STP is sufficient to treat the whole sewage generated within the Municipality. The District Environmental Engineer has undertaken to submit report regarding water quality and the quality of the sewage treated water discharged into the river and the Tribunal had directed Municipal Corporation, Tirunelveli to prepare a proper action plan and submit the same before the Tribunal on the next hearing date. It is also directed that the said action plan should identify the locations where the untreated sewage is being discharged and also as to how it could be adequately remediated. Thereafter, though case was adjourned on several occasions, no effective orders have been passed.
It may be mentioned that the Principal Bench of the National Green Tribunal, New Delhi has initiated suo motu action on the basis of the news item published in "The Hindu", authored by Jacob Koshy titled "More river Stretches are now critically polluted : CPCB" as O.A.No.673 of 2018 and as per order dated 8.4.2019 following directions have been given:-
"We direct that CPCB with SPCBs and PCCs to launch nationwide programme on biodiversity monitoring and indexing of the rivers to assess the efficacy of river cleaning programme. Further, for safety of human health and maintaining sanctity of the rivers, regular hygienic surveys of the rivers should be carried out with reference to fecal coliform and fecal streptococci, as indicated in the primary water quality criteria for bathing waters. Nodal agency will be CPCB.7
Having given due consideration to the serious issue and inadequacy of success achieved so far, we find it necessary to constitute a Central Monitoring Committee to undertake a national initiative by way of preparation and enforcement of a national plan to make river stretches pollution free comprising a senior representative of NITI Aayog, Secretaries Ministry of Water Resources, Ministry of Urban Development, Ministry of Environment, Forest and Climate Change, Director General, National Mission for Clean Ganga and Chairman CPCB, Chairman CPCB will be nodal authority for coordination. Senior most among them will preside over the deliberation.
The Central Monitoring Committee will also co-ordinate with the RRC of the States and oversee the execution of the action plans, taking into account the timelines, budgetary mechanism and other factors, Chief Secretaries of States will be the nodal agency at State level. The Chief Secretaries of the States may undertake review of progress of RRCs by involving concerned Secretaries of Department of Urban Development, Environment, Industries, Irrigation and Public Health, Health etc. We also direct MoEF & CC to consider a policy for giving environmental awards to outstanding persons (natural and juristic) and Institutions/States and introducing dis-incentives for non compliant states. Such scheme may be framed preferably before 30.06.2019. First meeting of the Central Monitoring Committee may be held by 30.06.2019. The Central Monitoring Committee may consider identifying experts, best practices and models for use of treated water, including plan to supply untreated sewage for a price or otherwise so that the concerned needy party can treat and utilise such water as it reportedly being done at Surat in Gujart, Nagpur in Maharashtra and Bhilwada in Rajasthan or any other place. Use of treated water for agriculture or other purpose may save potable surface and ground water. The Central Monitoring Committee may give its report by 31.07.2019." 8
It is seen from the order that while considering the issue there were 351 polluted river stretches throughout India and Tambraparani river is also one of such river under consideration of the National Green Tribunal and States were directed to prepare action plan to make these river stretches free of pollution and that is being monitored by the Principal Bench of the National Green Tribunal, New Delhi. However, this case will not affect the proceedings of the National Green Tribunal, Principal Bench, New Delhi. We are only monitoring implementation of the directions given by National Green Tribunal, Principal Bench, New Delhi effectively and improve the same in this regard. Monitoring by the Zonal Benches will only improve quality of monitoring and make the authorities to work in an effective manner. So, considering the circumstances, we feel it appropriate to constitute a joint committee, comprising of (1) District Collector, Tirunelveli, (2) Senior Officer of Central Pollution Control Board (3) Executive Engineer, Public Works Department/WRO, Tirunelveli Division (4) Senior Scientist, Tamil Nadu Pollution Control Board and (5) Commissioner, Tirunelveli Municipal Corporation to look into the issue regarding pollution in Thambraprani river stretch and steps taken by them to remediate pollution caused to Thambraparani river, as directed by the Principal Bench of the National Green Tribunal, New Delhi and monitor the water quality of the river, including TDS, BOD, COD, Total Coliform, Feacal Coliform and other hazardous metals and also specify as to whether discharge of untreated effluents or sewage still continues, thereby polluting river and if so, what is the action taken by local authorities to curtail the same. If there is any action plan prepared by the government in this regard and if so, what is the stage of its implementation etc., and submit factual and action taken report in this regard so as to ascertain the success in preventing pollution of river Thambraparani and make it pollution free and potable source of drinking water for the general public. This report has to be filed within two months before this Tribunal through e-mail @ [email protected]. Tamil Nadu Pollution 9 Control Board will be nodal agency for coordination and they will provide logistics for this purpose.
For consideration of report post along with O.A.No.178 of 2014 on 26.3.2020.
.........................................J.M. (Justice K. Ramakrishnan) .........................................E.M. (Saibal Dasgupta) kkr .