National Green Tribunal
National Green Tribunal Southern Zone vs The Secretary To Govt. Of Tamil Nadu ... on 18 July, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.1:- Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through video conference)
Original Application No. 55 of 2020 (SZ)
IN THE MATTER OF:
Tribunal on its own motion Suo Motu
based on the News item in Chennai Express newspaper
dated 03.03.2020 , "Back to the Brink"
And
The Secretary to Govt. of Tamil Nadu
Public Works Department,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009 and Ors.
...Respondent(s)
For Applicant(s): Suo Motu by Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R5 & R9.
Mr. S. Sai Sathya Jith for R6.
Mr. Gautham S. Raman for R7.
Mr. R. Purushothaman represented
Mr. P. Srinivas for R8 & R10.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
Judgment Pronounced on: 18th July 2022.
Page 1 of 32
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Sd/-
Justice K. Ramakrishnan, J.M. Sd/-
Dr. Satyagopal Korlapati, E.M.
O.A. No. 55 of 2020(SZ)
18th July 2022. Sr.
Page 2 of 32
Item No.1:- Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through video conference)
Original Application No. 55 of 2020 (SZ)
IN THE MATTER OF:
Tribunal on its own motion Suo Motu
based on the News item in Chennai Express newspaper dated 03.03.2020 , "Back to the Brink"
And
1. The Secretary to Govt. of Tamil Nadu Public Works Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
2. The Secretary to Govt. of Tamil Nadu Department of Environment, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
3. The Secretary to Govt.of Tamil Nadu Municipal Administration & Water Supply Department Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
4. The Secretary to Govt. of Tamil Nadu Health and Family Welfare Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
5. The District Collector Chengalpattu District, District Collectorate Office, Chengalpattu District, Tamil Nadu - 603 001.
6. The Chairman Tamil Nadu Pollution Control Board, Anna Salai, Guindy, Chennai, Tamil Nadu - 600 032.Page 3 of 32
7. The Managing Director Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai, Tamil Nadu - 600 002.
8. The Commissioner Pallavaram Municipality, 3rd Main Road, Pallavaram, Shastri Colony, Chrompet, Chengalpattu District, Tamil Nadu - 600 044.
9. Engineer in Chief (Water Resources Organisation) and Chief Engineer (General) Public Works Department, Chepauk, Chennai - 600 005.
10. Tambaram Municipal Corporation Rep. by its Commissioner, No. 1, Muthuranga Mudali Street, Tambaram West, Chennai - 600 045.
(R10 Suo Motu impleaded as per order of the
Hon'ble Tribunal dated 07.02.2022)
...Respondent(s)
For Applicant(s): Suo Motu by Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R5 & R9.
Mr. S. Sai Sathya Jith for R6.
Mr. Gautham S. Raman for R7.
Mr. R. Purushothaman represented
Mr. P. Srinivas for R8 & R10.
Judgment Reserved on: 05th July 2022.
Judgment Pronounced on: 18th July 2022.
Page 4 of 32
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes.
Whether the Judgment is to be published in the All India NGT Reporter - Yes.
JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. The above case has been Suo Motu registered by this Tribunal on the basis of the news paper report published in Chennai Express News paper Chennai Supplementary, dated 03.03.2020 under the caption "Back to the Brink" alleging that though huge amount has been spent by the Government for rejuvenating the Putheri Lake in Pallavaram, due to the negligence and lapses on the part of the local bodies, there was no maintenance for the lakes, leading to large growth of water hyacinth affecting the flow of the water and also reducing the oxygen level in the water.
2. It was also alleged in the newspaper report that there was indiscriminate discharge of sewage into the lake and the municipal authorities were pumping sewage water into the lake thereby affecting the quality of the water causing contamination of the water in the lake.
3. After reiterating the responsibility of the Government machinery under Constitution to protect environment under Article 48(A) of the Constitution of India and also various Judgments of the Hon'ble Apex Court, various High Courts including the Hon'ble High Court of Madras and the National Green Tribunal reiterating the responsibility of the State Government to protect the water bodies against encroachment and pollution, this Tribunal admitted the matter as per order dated 06.03.2020 as there arose a substantial question of environment which required the interference of this Tribunal.Page 5 of 32
4. After admitting the matter, this Tribunal had appointed a Joint Committee comprising of (1) District Collector, Chengalpattu District, (2) Tamil Nadu Pollution Control Board (TNPCB), (3) Engineer-in Chief, Water Resources Organisation (WRO) and Public Works Department (PWD), (4) the Commissioner, Pallavaram Municipality and (5) a Senior Officer from Chennai Metropolitan Water Supply & Sewerage Board (CMWSSB) to go in to the question and submit a factual and action taken report.
5. The committee was directed to ascertain as to:
i) Whether there was any discharge of untreated sewage and if so, they were directed to identify the persons who are responsible for the same and initiate action against those people in accordance with law as discharging untreated sewage into the water body is an offence under the Water (Prevention and Control of Pollution) Act, 1974.
ii) If there was any pollution caused and the quality of the water in the lake has been affected, then they were directed to submit an action plan for remediating the same with shorter and longer time lines.
iii) If they were able to trace out persons responsible for the contamination, then they were directed to take action against such person including launching of prosecution and imposing environmental compensation and take steps to recover the amount from such person(s).
6. The Water Resources Organisation (WRO) and Public Works Department (PWD) was designated as nodal agency for co-ordination and also for providing all necessary logistics for this purpose.
7. The Chief Engineer, Public Works Department (PWD) and Water Resources Organisation (WRO), Chennai was Suo Motu impleaded as additional 9th respondent in the matter on the same date of admitting the matter. Thereafter, the matter has been adjourned from time to time by successive notifications.
Page 6 of 328. Since no reports were filed, the matter was taken up on 25.09.2020 and on that day the matter was adjourned to 25.11.2020 for consideration of report to be filed by the Joint Committee and also the respective departments.
9. Thereafter, the matter was taken up again on 29.01.2021 and on that day this Tribunal had considered the report submitted by the Executive Engineer, Public Works Department, Lower Palar Basin Circle, received on 29.01.2021 and extracted in Para (3) of the order. It was mentioned in the report that the Putheri Lake is not being maintained by the Public Works Department, but it is under the maintenance and the control of then, Pallavaram Municipality. The inspection was conducted on 20.08.2020 and they wanted some time to file the report. It was further mentioned that there were plans for rejuvenation and restoration of tanks including Putheri lake in overall Kovalam Basin (comes under Chengalpattu and Chennai District) under Comprehensive Flood Mitigation Project with an estimated amount of Rs.2,000/- Crore which also has components for creating bio-diversity parks/tree planting around the banks of the water body protecting the lake against future encroachment and Detailed Project Report (DPR) was prepared and sent to the Government and after getting approval from the World Bank, the project would be executed.
10. Thereafter, this Tribunal also considered the report submitted by the Pallavaram Municipality dated 06.01.2021 and extracted in Para (6) of the order wherein, they had stated that during monsoon of 2019 there was a huge inflow of sewage in the Underground Sewage Scheme (UGSS) of Pallavarm Municipality and the same was caused due to overflow of sewage mixed with rain water from the pumping lines, lifting stations and pumping stations in few places, particularly in the lifting station in Aishwarya Nagar there was overflow of the water that accumulated in the collection tank as well. As there was a power failure at the time of the excessive rains, the overflow of the sewage with flood waters had occurred. Due to this, the water mixed with sewage had drained into the Putheri Lake through the natural channels in that area. In order to rectify the same, the capacity of the said lifting Page 7 of 32 station was improved by increasing the power of the pumps installed in the Lifting station. In addition a new Power Generator to power the lifting station at times of power failure was also installed. Two 5HP motors were replaced with two 10 HP motors and the allied pumps. This essentially increased the capacity of the Lifting station to more than double the capacity and said overflow had been now completely addressed. Because of the generator provided, even during power failure, the pumping would not be stopped.
11. During, October 2020 monsoon and till date, there was no overflow from this lifting station occurred causing any inconvenience. The lake has two parts namely, south and north and it is separated by the radial road. The lifting station is on the southern part of the lake and the work of deepening the lake in order to restore the capacity was carried out by the Municipality and completed in the month of June, 2020 utilising CSR funds through the District Collector, then Kancheepuram District. The work involved desilting, deepening formation of bund, footpath around the periphery. With regard to the northern part, the same was deepened with the assistance of NGO by name 'Pasumi Sei' and the lake has been restored to the full capacity. On 30.12.2020, huge amount of solid waste was seen dumped in the northern part of the Putheri Lake on the night of 29.12.2020 and immediate action was taken to remove the same and it was removed completely.
12. Since the Joint Committee had not filed the report, they were directed to file the report and adjourned the case for that purpose. The matter was taken up again on 18.02.2021 and on that day, this Tribunal had considered the newspaper report published in 'New Indian Express' Chennai Edition dated 10.02.2021 under the caption "Months old garbage still floating in Putheri Lake". It was also alleged in the newspaper report that what was stated by the municipality that garbage dumped was removed was not correct and had till continued. So the matter was again adjourned for filing further report by the municipality.
Page 8 of 3213. The matter was again taken up on 17.03.2021 and on that day, this Tribunal had considered the report submitted by the Joint Committee dated nil, e-filed on 17.03.2021 and extracted in Para (3) of the order which reads as follows:-
"INSPECTION REPORT OF THE JOINT COMMITTEE CONSTITUTED BY THE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE) IN RESPECT OF O.A NO. 55 OF 2020 (SZ) TAKEN UP SUO MOTU BASED ON THE NEWS ITEM IN CHENNAI EXPRESS NEWSPAPER DATED 03.03.2020, CHENNAI SUPPLEMENTARY UNDER THE CAPTION "SEWAGE IS PUMPED INTO PUTHERI LAKE IN PALLAVARAM/ BACK TO THE BRINK"
1. COMPLIANCE OF THE DIRECTION In due compliance of the orders of the Hon'ble National Green Tribunal, water samples were collected by the officials of Tamil Nadu Pollution Control Board along with RDO, Tambaram and officials from Pallavaram Municipality from the Putheri Lake in Pallavaram on 20/08/2020.
Statement showing the value of the Physico chemical parameters analysed Sl. Parameters Units Point of TNPCB No Collection Standards Putheri (Inland Lake in Surface Pallavaram Water) 1 pH @ 25oC No. 7.84 5.5-9 2 Total Suspended mg/L 56 100 Solids @ 105oC 3 Total Dissolved Solids mg/L 1006 2100 @ 180oC 4 BOD @ 27oC mg/L 40 30 5 COD mg/L 360 250 6 Copper as Cu mg/L <0.033 3 7 Zinc as Zn mg/L <0.01 1 8 Cadmium as Cd mg/L <0.013 2 9 Lead as Pb mg/L <0.07 0.1 10 Nickel as Ni mg/L <0.05 3 11 Total Chromium Cr mg/L <0.01 2 12 Hexavalent Chromium mg/L <0.01 0.1 Cr+6 13 Iron as Fe mg/L <0.01 -
14 D.O mg/L 5 5mg/l and above Statement showing the value of the Bacteriological parameters analysed Sl. Parameters Units Point of Primary Water No Collection Quality Criteria for Putheri Lake Bathing Waters in prescribed by Central Pallavaram Pollution Control Board 1 Total Coliform MPN 1700 500 or less.
/100 ml
2 Faecal MPN 490 500 (desirable) 2500
Coliform /100 ml (Maximum Permissible)
The Report of analysis of the water samples collected from the said water body reveals that the Physico chemical parameters analysed satisfy the Inland surface water standards prescribed by the Board. Furthermore the water sample collected from the Putheri Lake in Pallavaram analysed for Bacteriological parameter. Total Coliform exceeds the standards and the (Faecal Coliform) meets the Primary Water Quality Criteria for Bathing Waters prescribed by Central Pollution Control Board.
Page 9 of 322. REPORT OF THE PUBLIC WORKS DEPARTMENT:
It is respectfully submitted that the Putheri tank is not maintained by the PWD and is under the maintenance control of Pallavaram Municipality. The main allegation is that though huge amount has been spent by the Government for rejuvenating the Putheri Lake in Pallavaram but now due to the negligence and lapses on the part of the local bodies, there is no maintenance for the lakes, leading to large growth of hyacinth have been grown affecting the flow of the water and also reducing the oxygen level in the water, indiscriminate discharge of sewage is being done in that area and the municipal authorities are pumping sewage water into the lake thereby affecting the quality of the water causing pollution. Hence PWD has no specific remarks to offer in respect of the Putheri
3. REPORT FROM COMMISSIONER, PALLAVARAM MUNICIPALITY
1. Pallavapuram is a Special Gade Municipality
2. Location of the said Putheri lake:Survey No.273 of Zamin Pallavaram Village
3. Extent of Putheri lake: 4.23 hectares
4. Total Area of the Pallavaram Municipality : 18.01 Sq.Km
5. Total Population of the Pallavaram Municipality: 2,15,452
6. Total Household of the Pallavaram Municipality: 75,000
7. No of Wards: 42
8. Total Solid waste generation: 104 T/day ( Biodegradable waste - 52T/day & Non Biodegradable Waste - 52 T/day)
9. Total Sewage generation: 9 MLD It is submitted that the said complaints regarding the Sewage reaching the Putheri Lake had arisen due to the fact that during the Monsoon of 2019, there was huge inflow of rain water along with sewage into Underground Sewage system (UGSS) of the Pallavapuram Municipality and the same was a cause for the overflow of the sewage mixed with Rain water from the pumping lines, lifting stations and the pumping stations in a few places.
Particularly in the Lifting station in Aishwarya Nagar there was overflow of the water that accumulated in the collection well. As there was a power failure at the time of the excessive rain the overflow of the sewage and flood waters had occurred. Due to this the water mixed with sewage had drained into the Putheri Lake through the natural channels in the area.
The said overflow was the reason for the sewage mixed with rain water to reach the Putheri Lake. The defect in the capacity of the lifting station was identified. In order to rectify the same, the capacity of the said Lifting station was improved by increasing the power of the Pumps installed in the Lifting station. In addition, a new Power Generator has been placed in the Lifting station at times of power failure.
In this regard the two 5HP motors were replaced with two 10 HP motors and the allied pumps. This essentially increases the capacity of the Lifting station to more than double its capacity and the said overflow has been now completely addressed. Moreover, the provision of Generator will ensure that the Lifting station will function even during the times off power failure and during the Stormy weather Even during the monsoon season from October 2020 till date, the overflow of the same lifting station has not happened and the UGSS is now functioning without any overflow or leakages. It is submitted that the overflow that happened in the Monsoon of 2019 was also due to the fact that the UGSS was completed in 2017-18 in the left out area and the same was first heavy monsoon after the completion of the UGSS in the said area.
With regard to the maintenance of the Putheri Lake it is submitted that the Lake is in two parts namely South and North and it is separated by the Radial Road. The Lifting station is on the Southern part of the lake. The work of deepening the lake in order to restore its capacity was carried out by Pallavaram Municipality and completed in the Month of June 2020, utilizing the CSR Funds through the District Collector, Kancheepuram. The work involved is desilting, deepening, formation of Bund, footpath around its periphery at an estimate cost of Rs.30 Lakhs. With regard to the Northern part the same is deepened with the assistance of an NGO by name Pasumai Sei and the lake has been restored to its full capacity.
Further on 30-12-2020 it as noticed that few loads of solid waste had been dumped on the northern part of the Putheri Lake on the night of 29-12-2020. Immediate action was taken and the same was also removed using the machinery.
Action will be taken by the Pallavaram Municipality for removal of hyacinth in the Putheri Lake.
Page 10 of 32SEWAGE GENERATION AND DISPOSAL ARRANGEMENTS:
Sewage generation from the Pallavaram Municipality area: 9 MLD Sewerage system is functioning in all areas since 2018 with the installation of sewer line, pumping line, lifting and pumping stations at 18 locations.
SOLID WASTE MANAGEMENT Solid waste generation from the Pallavaram Municipality area: 104 T/ day (Biodegradable waste - 52 MT/day and Non Biodegradable waste - 52 MT/day) Present status of collection and disposal of solid waste:
Under the existing Solid Waste Management Scheme the Pallavaram Municipality is having own Secondary Collection Vehicle - 7 Nos. of Compactor Lorry and 7 Nos. of Tipper Lorry. Also the Municipality is having Primary Collection Vehicle - 39 Nos. of Light Commercial Vehicle (Tata Ace) and 96 Nos. of Battery operated vehicles to clean the streets in 42 Wards in Pallavaram Municipality limit.
The Municipality carries out door-to-door collection of municipal solid waste of 104 T/day. The Municipality has obtained authorization from TNPCB to operate the solid waste processing facility to operate waste processing/recylcing/treatment/disposal facility in the micro composting centre for 26.7MT/day of compostable waste at Thiruvika Nagar phase 1 (S.F.No.51/2,4 Hasthinapuram Village) for 4.9TPD, Ganga garden Keelkatalai (S.F.No.258/1C1 (P) Keelkattalai Village) for 3.5TPD, Keelkatalai pumping station (S.F.No.304 Keelkattalai Village) for 3TPD, Manikandan Nagar (S.F.No.51/5A1 Hasthinapuram Village) for 4.9TPD, Kacheri MalaI Road, Zamin Pallavapuram (S.F.No.49/4(P) Zamin Pallavaram Village) for 3.5TPD, Highways Nagar, Zamin Pallavapuram (S.F.No.167/145/146/157/180 Zamin Pallavaram Village) for 4.9TPD and Thiruvika Nagar phase 2 (S.F.No.51/2,4 Zamin Pallavaram Village) for 2TPD under the provisions of Solid Waste Management Rules, 2016. The same is further extended up to 30.09.2020 vide the TNPCB Chairman office order dated.01.07.2020. Remaining biodegradable waste quantity handled in onsite compost centres (OCC) which is functioning in various 22 locations. The balance, 52 MT/day of non biodegradable wastes along with garden waste is being disposed to Perungudi Dump yard and remaining waste is being disposed in Kodungaiyur dump yard belongs to Greater Chennai Corporation with proper permission from Superinteding Engineer vide Letter No. SWM/A8/0233/2020 dated 06/02/2021.
4. JOINT INSPECTION OF THE COMMITTEE The members of the joint committee have carried out the inspection in the area in question on 20/08/2020 & 01/02/2021.
5. OBSERVATIONS BY THE COMMITTEE During the time of inspection, the committee observed the following
1. Putheri Eri is located at survey no.273 of Zamin Pallavaram Village, Pallavaram Taluk, Chengalpattu District
2. It is bounded by vacant land and M/s Vels University in the Northern side, lifting station and Kurinji nagar in the Southern side, road and vacant land in the Eastern side and Aishwarya Nagar and Surya Avenue in the Western side.
3. Putheri Eri spreads over in an extent of 4.23 hectares and it is divided by the by the Radial Road into two parts namely Southern and Northern part.
4. Hyacinth were found in the southern part of Putheri Eri.
5. The overflow of the Pallavaram Periya Eri and the storm water from the Malliga Nagar and Velmurugan colony area near the Vels University reaches this Eri.
6. The overflow of this Eri leads to Pallikaranai Marsh land through Keelkattalai Surplus course.
7. Pallavaram Municipality is carrying out the processing of the biodegradable waste collected from the Municipality area and handling the same as per Solid Waste Managmenet Rules, 2016.
8. Accumulation of non biodegradable waste was noticed in the Ganapathipuram transfer station to the tune of 150 tonnes for which a suo moto case O A No.191 of 2020 under the caption "In Pallavaram, the road is dump yard" is pending before the Hon'ble National Green Tribunal.
9. It was reported by the Pallavaram Municipality that the entire non biodegradable waste will be taken to the Vengadamangalam solid waste processing facility after the installation of the 2 x 50 tonne capacity incinerator with necessary control measures.Page 11 of 32
10. Pallavaram Municipality is carrying out the biomining of the legacy waste in the Pallavaram Periya Eri for which O A No.37 of 2012 filed by S.P Surendranath Karthik, Madipakkam, Chennai is pending before the Hon'ble National Green Tribunal.
11. It is ascertained from the Pallavaram municipality that during Monsoon 2019 there was a overflow from the sewage pumping station located in the southern end of the Putheri Eri and same was rectified by providing pumps with increased horse power along with standby DG set of capacity 25 KVA.
12. Further on 30/12/2020 it was noticed that few loads of solid waste had been dumped in the northern part of the Putheri Eri, Pallavaram Municipality has taken action and removed the dumped solid waste and the same was taken to the Ganapathipuram transfer station.
13. Pallavaram Municipality has identified the person who has dumped the solid waste in the said nothern part of the Putheri Eri and levied a fine of Rs.25000 and the same was collected.
6. RECOMMENDATIONS:
Based on the above observation, the joint committee submits the following recommendation before the Hon'ble National Green Tribunal (Southern Zone)
01. Pallavaram Municipality shall ensure 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection, processing and disposal of the same by complying with the provisions of the Solid Waste Management Rules 2016 within six months and shall ensure that no dumping of solid waste happens in the Putheri Eri at any circumstances by deploying security guards.
02. Pallavaram Municipality shall take steps for the complete disposal of the non biodegradable waste generated to the Vengadamangalam incinerator facility after getting necessary permission from the competent authority within six months.
03. Pallavaram Municipality shall levy fine on the violators dumping solid waste and disposing sewage into the Putheri Eri and other water bodies in their jurisdiction under Local body Acts.
04. Pallavaram Municipality shall create awareness among the public with the help of associations in the local body area for proper segregation of solid waste.
05. Pallavaram Municipality with the help of Revenue Authorities shall make survey to identify any encroachment in the Putheri Eri and to evict them within six months.
06. Pallavaram Municipality shall remove the hyacinth in the Putheri Lake within a month's time.
07. Pallavaram Municipality shall deploy skilled persons to maintain the sewage pumping station located in the southern side of the Putheri Eri for periodical pumping of the sewage and shall maintain the energy meter in the pumping station, to record the hours of pumping.
08. Pallavaram Municipality shall provide dedicated CCTV camera within a month at the vulnerable points to prevent the dumping of solid waste and disposal of sewage by the public.
09. Pallavaram Municipality shall maintain the sewer line laid along the radial road and ensure that there is no leakage/breakage at any point of time avoiding the flow of sewage into the Putheri Eri."
14. Thereafter, this Tribunal had passed the following order:-
"It is seen from the report that there are certain recommendations made which the Pallavaram Municipality has to carry out. They have not mentioned anything about the action taken in respect of subsequent directions issued by this Tribunal on the basis of the subsequent newspaper report regarding the presence of garbage in the water body. The report appears to have been filed on the basis of inspection conducted on 28.08.2020. So under such circumstance, we direct the Committee to inspect the area again and submit further report on the basis of the direction issued by this Tribunal by order dated 18.02.2021. The Pallavaram Municipality is also directed to file independent status report regarding the remedial measures taken by them and action taken against the violators from their side and the Pollution Control Board is also Page 12 of 32 directed to take water samples from the area to find out as to whether there is any contamination caused and if so what is the remedial measure to be taken. The Committee is also directed to look into the issue and if there is any contamination found in the water quality, identify the violators and take action against them, suggest the nature of action to be taken against them including assessment of environmental compensation to be recovered from such persons. They must also mention the nature of steps taken for removal of encroachment from the water body and what is the present status and also give action plan as to how they are going to rejuvenate the water body protecting the same against pollution and encroachments with short-term and long- term measures. The Committee as well as Pallavaram Municipality and Pollution Control Board are directed to submit their respective reports to this Tribunal on or before 20.04.2021 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."
15. The matter was again taken up on 02.06.2021, directing the officials and committee to tile the report. On 29.06.2021, this Tribunal had considered the report submitted by the Pallavaram Municipality dated 02.06.2021, e-filed on 07.06.2021, wherein they have mentioned that the complaint mentioned in the newspaper report dated 03.03.2020 was addressed and the pumping/lifting station had been upgraded already and the provision of generator provided ensured that the lifting station would function even during the time off power failure during the Stormy weather. The UGSS system has been functioning without any overflow or leakage. They have taken steps for deepening lake involving desilting, formation of bunds etc.
16. Since the Joint Committee has not filed the further report and they were directed to file the report. The Tamil Nadu Pollution Control Board was also directed to file their independent report and thereafter, the matter was either adjourned by notification or at the request of the parties.
17. The matter was again taken up on 24.11.2021 and on that day, this Tribunal had considered the report submitted by the Tamil Nadu Pollution Control Board/6th respondent dated 31.08.2021, e-filed on 11.09.2021 and extracted in Para (4) of the order wherein, they had given the compliance report on the recommendations made by the Joint Committee as follows:-
Page 13 of 32 Page 14 of 32 Page 15 of 32 Page 16 of 32 Page 17 of 32 Page 18 of 3218. Thereafter, this Tribunal had directed the Chennai Metropolitan Water Supply and Sewerage Board, Tambaram Municipal Corporation in which Pallavaram Municipality has been merged to file the respective reports. Again the matter was adjourned from time to time either at the request of the parties or by notification. The matter was again taken up on 13.04.2022 and on that day, this Tribunal had considered the report submitted by the Chennai Metropolitan Water Supply and Sewerage Board where in, it was mentioned that there is a sewage treatment plant in Perungudi in to which the sewage generated from Pallavaram is being transported for the purpose of treatment.
19. It was also mentioned therein that that there is a deviation of the same and that is being discharged into the water body, namely Putheri in Pallavaram. This Tribunal also directed the Commissioner, Tambaram Municipal Corporation to file the further progress report and also directed the Tamil Nadu Pollution Control Board to file the further action taken report on the basis of the directions given by them which was mentioned in the report dated 01.09.2021. Thereafter, this was taken up along with O.A. No. 56 of 2020 (SZ), as both the cases are related to the same issue on 30.05.2022 and at the request of the officials, time was granted to file further reports and the Tamil Nadu Pollution Control Board, District Collector, Chengalpattu District and the Commissioner, Tambaram Municipal Corporation were directed to file their independent reports.
20. Since O.A. No.56 of 2020 is relating to Sithalapakkam Lake and there is no proper reports filed in respect of the same by the Joint Committee, we felt that it was better to deal with the case separately after getting proper reports. So, O.A. No. 56 of 2020 was delinked and posted to 21.07.2022 for reports from the St. Thomas Mount Panchayat Union, Tamil Nadu Pollution Contort Board and the Joint Committee and this case alone was considered.Page 19 of 32
21. The 7th respondent/Chennai Metropolitan Water Supply and Sewerage Board has filed an independent report dated 19.05.2022, e-filed on 20.05.2022 which reads as follows:-Page 20 of 32 Page 21 of 32 Page 22 of 32
22. Heard the counsel appearing for the State Departments, Pollution Control Board, and the Chennai Metropolitan Water Supply and Sewerage Board.
23. The grievance in the newspaper report was that on account of large scale encroachment, discharge of untreated sewage and negligence on the part of the authorities in not maintaining the Putheri lake and dumping of wastes had resulted in deterioration of the water body.
Apart from this there were encroachments in the Putheri Lake which had reduced its extent and storing capacity as well.
24. The case was originally registered as Suo Motu case on the basis of the newspaper report dated 03.03.2020. Subsequently also there were lot of such reports appeared in the newspaper stating that there was utter negligence on the part of the authorities in protecting this water body. It was mentioned in one of the newspaper report that there were encroachment in the water body in Pallavaram area and though steps Page 23 of 32 have been taken for identification of the encroachments, but quite unfortunately, no further steps were taken for removal of the same.
25. It was also mentioned in the newspaper report that large scale dumping of waste was also happening in Putheri Lake which was earlier attempted to be rejuvenated by making some arrangement. It was in away admitted in the counter affidavit filed by the 8th respondent also that there was over flow of sewage from the pumping lines, lifting stations and pumping stations in few places which mixed with the rainwater and resulted in the situation. They have provided some methods to improve the system and on account of the same, the grievance in that locality has been redressed. The fact of pumping of sewage in to the water body was in away admitted by the Public Works Department as well as Chennai Metropolitan Water Supply and Sewerage Board. But nothing was mentioned about the encroachment and removal of encroachment.
26. The Joint Committee also in their observation and recommendation mentioned that the Putheri Lake was divided by the Radial Road into two parts namely, Southern and Northern Part. It was also mentioned in the observation that accumulation of non-biodegradable waste was noticed in the Ganapathipuram transfer station to the tune of 150 tonnes which was removed by virtue of the directions given by this Tribunal in O.A. No. 191 of 2020(SZ). It was also mentioned in the report that on 30.12.2020, some amount of solid waste dumped on the northern part of the Puthei lake was noted and the Pallavaram Municipality had taken action to remove the same but nothing was mentioned about the encroachment.
27. The report of the Tamil Nadu Pollution Control Board also showed that certain recommendations were not complied with and they also issued certain directions in this regard. Subsequently latest report submitted by the Chennai Metropolitan Water Supply and Sewerage Board also showed that Pallavaram Municipality will not come under their jurisdiction and Pallavaram Municipality has a plan to implement the Page 24 of 32 Underground Sewage scheme in that area under question in this case. The Pallavaram Municipality has been merged with Tambaram Municipal Corporation and the Tambaram Municipal Corporation has not filed any independent report regarding the steps taken by them to remedy the situation.
28. It is well settled law that there is a duty cast on the State to protect environment which includes protection of water bodies as mandated under Article 48 (A) of the Constitution of India. Providing clean environment which is part of 'Right to Life' as enshrined under Article 21 of the Constitution of India including providing clean air and water which is also the primary responsibility of the State to provide to its subjects and that will have to be implemented through its instrumentalities including local bodies. As regards the Pallavarm Municipality which is now part of Tambaram Municipal Corporation, it is not the only case raising such issue but there are other cases some of which were also disposed of by this Tribunal and various directions had been issued by this Tribunal to be carried out by the erstwhile Pallavaram Municipality now part of Tambaram Municipal Corporation and the implementations of those directions were also to be monitored by the Tamil Nadu Pollution Control Board and Chief Secretary.
29. It is also time and again reiterated by this Tribunal that it is not possible for the Tribunal to monitor the discharge of duties of the regulators perpetually and it is for them to rise to the occasion and to take proactive role in protecting the environment by providing necessary awareness programmes to the people in that area and implement the Solid Waste Management Rules, 2016 and Other Waste Management Rules, 2016 and to take steps to provide Underground Sewage Scheme to collect the sewage generated in that area and it must be taken to the authorised treatment facility and after treating the same, treated water has to be used for allied purposes, so that use of so much quantity of fresh water can be avoided and that much quantity of fresh water can be saved.
Page 25 of 3230. In UN conventions on environment also, the necessity for rejuvenating the water bodies and ecosystem was insisted and being a signatory to those conventions, India has got the responsibility to implement those covenants /resolution passed in such convention. The State Government is having a responsibility to implement these covenants within their jurisdiction as well.
31. Under such circumstances, we feel that the application can be disposed of with following directions:-
a. The Tambaram Municipal Corporation and the Greater Chennai Corporation are directed to take appropriate steps to implement the Underground Sewage Scheme of uncovered areas within their respective jurisdiction in a war footing manner, so as to avoid discharge of untreated sewage being let into the Putheri Lake.
b. The Tambaram Municipal Corporation under whose jurisdiction erstwhile Pallavaram municipal area falls is directed to take steps to implement the Solid Waste Management Rules, 2016 and Other Waste Management Rules, in its letter and spirit and also to implement the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and this Bench in several matters where erstwhile Pallavarm Municipality was a party in respect of implementation of Solid Waste Management and Liquid Waste Management in an effective manner.
c. The District Collector, Chengalpattu District in coordination with the Water Resources Department and Tambaram Municipal Corporation are directed to conduct the survey of the Putheri Lake and fix the boundaries of the Putheri Lake and if there is any encroachment found, then they are directed to take steps to remove the encroachment and protect the water body against encroachment and pollution.Page 26 of 32
d. The Commissioner, Tambaram Municipal Corporation is also directed to implement the recommendations made by the Joint Committee including installation of CCTV Cameras around the Putheri Lake where the possibility of dumping of waste recur, so as to identify the persons who are involving in such illegal activities and to take action against those persons in accordance with law.
e. The Commissioner, Tambaram Municipal Corporation is directed to register the private tanker lorries who have been permitted to collect the untreated sewage from the residential complex or residences and take steps to install GPS in those tanker lorries and maintain a register to track the movement of such tanker lorries from the point of collection till the point of disposal, so as to ascertain as to whether these tanker lorries are involving in illegal decanting of sewage collected into water bodies without taking the same to sewage treatment plant and if such any instance is noted, then take action against them in accordance with law including termination of the contract, licence, seizure of vehicles and other legal action as provided under the Water (Prevention and Control of pollution), Act, 1974 and Air (Prevention Control of Pollution) Act, 1981, Indian Penal Code and Municipal laws, so as to check such illegal activities.
f. The Commissioner, Tambaram Municipal Corporation in coordination with the Water Resources Department is directed to maintain the Putheri lake and make it a pollution free lake.
g. The Additional Chief Secretary for Municipal Administration and Water Supply Department and Directorate of Municipal Administration are directed to look in to the proposals if any pending in respect of establishing Underground Sewage Scheme in these areas either from Tambaram Municipal Corporation or from Chennai Metropolitan Water Supply and Sewerage Board, then they are directed to take immediate steps to clear the Page 27 of 32 proposals by providing necessary administrative as well as financial sanction and provide necessary funds for that purpose.
h. The Chief Secretary to Government, State of Tamil Nadu is also directed to monitor the implementations of the directions issued by this Tribunal and to conduct review meetings with the stake holders department at the higher level, so as to supervise the implementation of directions and if any gap found, then they are directed to take appropriate steps to remove the gap and implement the directions in its letter and spirit.
i. The Chief Secretary to Government, State of Tamil Nadu is directed to carry out the directions issued by this Special Bench of this Tribunal as well as this Bench in similar matters and implementations of directions in O.A. No. 606 of 2018 dealing with Solid Waste Management Rules, 2016 and implement the directions in its letter spirit, so as to protect the environment which is a primary responsibility of the States.
j. The Tamil Nadu Pollution Control Board is directed to monitor the implementation of Solid Waste Management and Liquid Waste Management and the implementation of the directions issued by this Tribunal and also the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 (PB) by the local bodies and if there is any violation or non compliance found, then they are directed to take appropriate action against the erring municipal bodies including Tambaram Municipal Corporation for their lapses by imposing environmental compensation and other legal action as provided under the respective statutes.
k. The Public Works Department is directed to provide as many necessary box vents if not provided in the radial road formed dividing this lake so as to ensure free flow of water in the lake on both sides.Page 28 of 32
32. The points are answered accordingly.
33. In the result, the Original Application is disposed of with the following directions:-
i. The Tambaram Municipal Corporation and the Greater Chennai Corporation are directed to take appropriate steps to implement the Underground Sewage Scheme of uncovered areas within their respective jurisdiction in a war footing manner, so as to avoid discharge of untreated sewage being let into the Putheri Lake.
ii. The Tambaram Municipal Corporation under whose jurisdiction erstwhile Pallavaram municipal area falls is directed to take steps to implement the Solid Waste Management Rules, 2016 and Other Waste Management Rules, in its letter and spirit and also to implement the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and this Bench in several matters where erstwhile Pallavarm Municipality was a party in respect of implementation of Solid Waste Management and Liquid Waste Management in an effective manner.
iii. The District Collector, Chengalpattu District in coordination with the Water Resources Department and Tambaram Municipal Corporation are directed to conduct the survey of the Putheri Lake and fix the boundaries of the Putheri Lake and if there is any encroachment found, then they are directed to take steps to remove the encroachment and protect the water body against encroachment and pollution. iv. The Commissioner, Tambaram Municipal Corporation is also directed to implement the recommendations made by the Joint Committee including installation of CCTV Cameras around the Putheri Lake where the possibility of dumping of waste recur, so as to identify the persons who are involving in such illegal activities and to take action against those persons in accordance with law.Page 29 of 32
v. The Commissioner, Tambaram Municipal Corporation is directed to register the private tanker lorries who have been permitted to collect the untreated sewage from the residential complex or residences and take steps to install GPS in those tanker lorries and maintain a register to track the movement of such tanker lorries from the point of collection till the point of disposal, so as to ascertain as to whether these tanker lorries are involving in illegal decanting of sewage collected into water bodies without taking the same to sewage treatment plant and if such any instance is noted, then take action against them in accordance with law including termination of the contract, licence, seizure of vehicles and other legal action as provided under the Water (Prevention and Control of pollution), Act, 1974 and Air (Prevention Control of Pollution) Act, 1981, Indian Penal Code and Municipal laws, so as to check such illegal activities.
vi. The Commissioner, Tambaram Municipal Corporation in coordination with the Water Resources Department is directed to maintain the Putheri lake and make it a pollution free lake.
vii. The Additional Chief Secretary for Municipal Administration and Water Supply Department and Directorate of Municipal Administration are directed to look in to the proposals if any pending in respect of establishing Underground Sewage Scheme in these areas either from Tambaram Municipal Corporation or from Chennai Metropolitan Water Supply and Sewerage Board, then they are directed to take immediate steps to clear the proposals by providing necessary administrative as well as financial sanction and provide necessary funds for that purpose.
viii. The Chief Secretary to Government, State of Tamil Nadu is also directed to monitor the implementations of the directions issued by this Tribunal and to conduct review Page 30 of 32 meetings with the stake holders department at the higher level, so as to supervise the implementation of directions and if any gap found, then they are directed to take appropriate steps to remove the gap and implement the directions in its letter and spirit.
ix. The Chief Secretary to Government, State of Tamil Nadu is directed to carry out the directions issued by this Special Bench of this Tribunal as well as this Bench in similar matters and implementations of directions in O.A. No. 606 of 2018 dealing with Solid Waste Management Rules, 2016 and implement the directions in its letter spirit, so as to protect the environment which is a primary responsibility of the States.
x. The Tamil Nadu Pollution Control Board is directed to monitor the implementation of Solid Waste Management and Liquid Waste Management and the implementation of the directions issued by this Tribunal and also the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 (PB) by the local bodies and if there is any violation or non compliance found, then they are directed to take appropriate action against the erring municipal bodies including Tambaram Municipal Corporation for their lapses by imposing environmental compensation and other legal action as provided under the respective statutes.
xi. The Public Works Department is directed to provide as many necessary box vents if not provided in the radial road formed dividing this lake so as to ensure free flow of water in the lake on both sides.
xii. The Registry is directed to communicate this order to the official respondents, Block Development Officer- St. Thomas Mount Panchayat Union, Commissioner- Tambaram Municipal Corporation, District Collector- Chengalpattu District, Chairman-Tamil Nadu Pollution Control Board, Engineer-in-Chief, Water Resources Page 31 of 32 Department, the Additional Chief Secretary to Government for Municipal Administration and Water Supply Department, the Additional Chief Secretary to Government, Environment and Forest Department and also to the Chief Secretary to Government, State of Tamil Nadu for their information and compliance of directions.
34. With the above observations and directions, the Original Application is disposed of.
Sd/-
Justice K. Ramakrishnan, J.M. Sd/-
Dr. Satyagopal Korlapati, E.M. O.A. No. 55 of 2020(SZ) 18th July 2022. Sr. Page 32 of 32