National Green Tribunal
Manakunnam Village Padashekara ... vs Thripunithura Municipality ... on 12 May, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No. 02:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through video conference)
Original Application No. 237 of 2017 (SZ)
IN THE MATTER OF:
Manakunnam Village,
Padashekara Samrakshana Samithy
Registration No. ER, 429/09 Kandanad P.O.
Ernakulam District 682 305
Represented by its Secretary K.P. Varghese
...Applicant(s)
Versus
Thripunithura Municipality
Municipality Building,
Thripunithura, Thripunithura P.O,
Ernakulam District,
Kerala - 682 301,
Represented by Secretary and Ors.
...Respondent(s)
For Applicant(s): Mr. G. Stanley Hebzon Singh
For Respondent(s): Mr. Haridoss along with
Mr. A. V. Arun for R1
M/s. S. Sree Kumar Associates for R2 to R4 & R6.
M/s. Bindhu C.G. Ajitha Law Associates for R5
Mr. E.K. Kumaresan along with
Mr. G. Prabhu for R7, R9 & R10, R12 to R16.
Mrs. V. K. Rema Smrithi for R11
Mr. P. G. Jayasankar along with
Mr. Rajeev for R18
Judgment Pronounced on: 12th May 2022.
Page 1 of 130
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment. Pending interlocutory application, if any, shall stands disposed of.
Sd/-
Justice K. Ramakrishnan, J.M. Sd/-
Dr. Satyagopal Korlapati, E.M. O.A. No. 237/2017(SZ) 12th May 2022. Sr. Page 2 of 130 Item No. 02:
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI (Through video conference) Original Application No. 237 of 2017 (SZ) IN THE MATTER OF:
Manakunnam Village, Padashekara Samrakshana Samithy Registration No. ER, 429/09 Kandanad P.O. Ernakulam District 682 305 Represented by its Secretary K.P. Varghese ...Applicant(s) Versus
1. Thripunithura Municipality Municipality Building, Thripunithura, Thripunithura P.O, Ernakulam District, Kerala - 682 301, Represented by Secretary.
2. Ambaloor Grama Panchayath Panchayath Building, Kanjiramattom, Kanjiramattom P.O, Ernakulam District, Kerala - 682 315, Represented by its Secretary.
3. Chotanikara Grama Panchayath Panchayath Building, Chotanikara - Ernakulam District, Kerala - 682 312, Represented by its Secretary.
4. Mulanthuruthy Grama Panchayath Panchayath Building, Mulanthuruthy, Mulanthuruthy P.O, Ernakulam District, Kerala - 682 314, Represented by its Secretary.
5. Udayamperoor Grama Panchayath Panchayath Building, Udayamperoor, Udayamperoor P.O, Ernakulam District, Kerala - 682 307, Represented by its Secretary.Page 3 of 130
6. Ernakulam District Panchayath Ernakulam Panchayath Building, Kakkanad, Ernakulam District, Kerala - 682 030, Represented by its Secretary.
7. The Chief Engineer Kerala Water Authority, Central Region, Kochi, Ernakulam District, Kerala - 682 030.
8. The Deputy Director Survey & Land Records, Civil Station, Kakkanad, Ernakulam District, Ernakulam, Kerala - 682 030.
9. The Principal Agricultural Officer Civil Station, Kakkanad, Ernakulam District, Kerala - 682 030.
10. The District Soil Survey & Soil Conservation Department, District Soil Conservator Office, Kakkanad, Ernakulam District, Kerala - 682 030, Represented by Soil Conservator.
11. Kerala State Pollution Control Board Pattom, Trivandrum, Kerala - 695 004, Represented by its Chairman.
12. The Chief Engineer Irrigation and Administration, Public Office Building, Museum P.O, Thiruvananthapuram District, Kerala - 695 033.
13. The Chief Engineer Kerala State PWD (B & R), Public Office Building, Museum P.O, Thrivandrum, Kerala - 695 033.
Page 4 of 130
14. The District Collector Ernakulam Collectorate, Civil Station, Kakkanad P.O, Ernakulam District, Kerala - 682 030, Represented by Government Pleader.
15. Principal Secretary Kerala State L S G D, 4th Floor, Secretariat Annexe, Thiruvananthapuram District, Kerala - 695 001, Represented by Government Pleader.
16. State of Kerala Represented by the Chief Secretary, Government Secretariat, Thiruvananthapuram District, Kerala - 695 001, Represented by Government Pleader.
...Respondent(s) For Applicant(s): Mr. G. Stanley Hebzon Singh For Respondent(s): Mr. Haridoss along with Mr. A. V. Arun for R1 M/s. S. Sree Kumar Associates for R2 to R4 & R6.
M/s. Bindhu C.G. Ajitha Law Associates for R5 Mr. E.K. Kumaresan along with Mr. G. Prabhu for R7, R9 & R10, R12 to R16.
Mrs. V. K. Rema Smrithi for R11 Mr. P. G. Jayasankar along with Mr. Rajeev for R18 Judgment Reserved on: 04th May 2022.
Judgment Pronounced on: 12th May 2022.
Page 5 of 130 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/No Whether the Judgment is to be published in the All India NGT Reporter - Yes/No JUDGMENT
1. The above application has been filed by the applicant alleging environmental damage being caused to "KONOTHUPUZHA" a water body in Ernakulam District on account of the pollution/contamination caused to the water body due to non-implementation of the various environmental laws.
2. It was alleged in the application that the applicant is a registered association under Travancore Cochin Literary Scientific and Charitable Registration Act, 1955 with the aim of protecting and conserving paddy fields, wetlands and other water resources in the wider interests of the society. As a part of this, applicant had taken up various studies and awareness programmes aimed at environment protection and submitted several compliant and memorandum to the state local bodies and authorities concerned for protecting these water bodies. As part of fulfilling its aim, the present problem faced by the „KONOTHUPUZHA‟ was taken up by the applicant and tried to solve the same in co-ordination with the authorities, but they failed in their attempt.Page 6 of 130
3. According to the applicant, the „Konothupuzha‟ runs in north south direction passing through the area comprising Udayamperoor, Amballoor, Mulamthuruthy, Chottanikkara Grama Panchayath and Tripunithura Municipality in Ernakulam District for the total length of 17K.M starting from Vettuvelikadavu at Irumpanam and ends at Puthenkavu in Udayamperoor. North end starts from the Chambakkara Canal and in south it discharges into the Vembanad back water through Poothotta Kayal. Its width varies from 30 meters to 90 meters and depth 3 meters to 4 meters. This river gets flooded with fresh water during the monsoon period from June to January.
4. The fresh water from this river irrigates around 3500 Acres of paddy field in the surrounding area in the above four Grama Panchyath and one municipality. The people living in that area are depending upon the fresh water flowing through this Konothupuzha River. These rivers indirectly enriched the potable water requirements of people by filling water in „ponds, „wells and other water resources. When a study was conducted it is revealed that 32 varieties‟ of fresh water fishes are found in this river and people in and around used this river for fishing, bathing, swimming washing cloths and watering for agricultural activities.
5. During the summer the fresh water flow in this river will be minimised.
The rivulets which enriched the fresh water flow to this river dried up in summer. In order to curb the fresh water in this river getting mixed with the saline water of "Arabian Sea" on the western side, each year, manually made sand bunds are constructed on its northern side at Page 7 of 130 Vettuveli and southern side at Puthenkavu. As there is no tide effect in this river, it will not come under the purview of CRZ notification.
6. There were 12 bridges constructed along the total length of 17 K.M. by the official respondents and Southern Railways. Out of the 12 bridges constructed, 4 bridges were constructed by the 12th respondent and all these bridges are regulator cum sluice Bridges and are Motorable. Places where such bridges were constructed are as follows:-
1. Puthenkavu Regulator cum bridge.
2. Kaniyaveli sluice cum Bridge.
3. Nedungapuzha sluice cum bridge.
4. Vettivelikadavu sluice cum Bridge.
7. Six Bridges were constructed by the 13th respondent as follows:-
1. Mattathankadavu Bridge
2. Nadakavu Bridge.
3. Kandanad Bridge.
4. Puthiyakavu Bridge.
5. Karingachira Bridge.
6. Refinery Road (Irimbanam Bridge) All these bridges were constructed across this river for enabling smooth road transport connectivity.
Other than the above 10 bridges, Southern Railways constructed two bridges across the river at Tripunithura and Irimbanam Refinery Yard. Page 8 of 130
8. According to the applicant, the present status of the river was dying day by day. They had conducted the detailed study with the help of "Kerala Sasthra Sahithya Parisheth" Ernakulam District and Mulamthuruthy Mekhala Committee on environmental issues etc., with reputed Professors and the persons having expert knowledge on environment as members.
9. It was observed in the report that free flow of water in the river was arrested due to the unscientific construction of Bridges across the river. The regulator cum sluice Bridge at Kaniyavelli constructed by the 12th respondent divided the river and obstructed the water flow. It was constructed encroaching the river on both sides and the reason as to why this was constructed in the middle portion of river is not known. The bottom flow of water in the river was obstructed by construction of concrete bunds by resting sluices. The same was the situation for all the sluice bridges. The heights of the concrete bunds are above than the river bed restricts the water flow in the river. The bridges constructed by the 13th respondent across the river at karingachira, Puthiyakavu and Kandanad were also constructed encroaching the river on both sides to an extent of 6 meters, and reduced the length of the Bridge with a view to restrict the construction costs.
10. Further due to improper maintenance of the river bunds, soil Erosion is being caused which also affected the depth of the river. People encroached into the water body and made constructions which also caused obstructions to the free flow of water causing damage to the environment. It is also revealed from the report that though the 12th Page 9 of 130 respondent had constructed a permanent Regulator Cum Sluice Bridge at Vetuvelikadavu and Puthenkavu, they failed to maintain the same properly and it was destroyed and the same has become non- functional. The unscientific construction of this Regulator Cum Sluice affected the free flow of water. In order to function the sluices, they reduced the depth of the river on that side by putting concrete bunds in the heights in the place of the river bed.
11. 12th respondent constructed Sand bund on both ends of the river when the summer approaches. But when the monsoon comes, sand bund broke on both sides and non-removal of sand used for construction seriously affected the flow of water in the river.
12. Further the people living in the Grama Panchayath and in the Municipality which are situated along the side of the river are dumping waste, discharging untreated sewage which causes pollution to the river water. This results unnatural growth of pistia (weeds) and slime and this also causes obstruction to the free flow of water. There was no work undertaken by the 12th respondent for removing the weeds periodically, so as to make the flow of water smooth.
13. They have produced the survey map of Kerala State No. 58 C/5 and C1 as Annexure - A1, the report of K.S.S.P. which was produced as Annexure - A2 and Annexure - A3 and the representations were made to the authorities along with the report for action as Annexure - 4. Since, no effective actions were taken by the authorities, the applicant Page 10 of 130 was compelled to file this application seeking the following Interim reliefs as well as final reliefs:-
Interim Relief:-
i) Issue an order to the Respondent 1 to 6 to make immediate steps to collect the waste of all types include septage from public and private and make arrangement to dump it at Bhramapuram waste treatment plant.
ii) Issue an order to R8 to survey both side of the river using old survey sketch and old satellite map within a time bound fix by this Tribunal and filed its report.
iii) Issue an order to R12 to construct sand bound on either ends of this river before summer.
Main Reliefs:-
i) Issue an order to respondent 14 to 16 to co-ordinate and make a master plan so as to re-gain the old natural lie of this river and free flow of water through this river.
ii) Issue an order to R8 to survey this river on both sides using old survey sketch, and old satellite map and point out the encroachment done in it.
iii) Issue an order to R14 to remove all obstructions doe this river as per R8 survey report.
iv) Issue an order to R1 to R6 to protect this river and to do the necessary for permanent way of collecting and disposing of wastes and septage waste.
v) Issue an order to R11 to supervise and monitor the waste disposal and stptage disposal by R1 to R5.
vi) Issue an order K.W.A. R7 to remove the pipe line drawn across this river and re-lay its, so as to become completely under the river bed.
14. The matter was admitted and the notice issued to the Respondents No. 1 to 7, 11, 14 and 16 and the notice to the other respondents was not sent. Thereafter the matter has been adjourned for completion of pleadings.
Page 11 of 130
15. In the mean time the 11th respondent/Kerala State Pollution Control Board had filed a report dated 10.05.2018 which reads as follows:-
"It is respectfully submitted that the application is filed alleging total deterioration of the river Konothupuzha, Konothupuzha is a small river flowing through the areas comprising the following panchayats like Udayamperoor, Ambaloor, Mulathruthy, Chotanikkara and also through Thirpunithura Municipality in Ernakulam district. The total length of the river is 17 kms and the width varies from 30 - 90 mts. The issue arrayed in the application with regard to the deterioration of the river are non flow of water, soil erosion, encroachment of people, unscientific construction of sluice cum regulator bridge, dumping of waste, unnatural growth of weeds and slime and failure to maintain sand bund.
On a perusal of the issues raised in the application, it can be seen that these issues are detrimental to the conservation of the river system. Conservation of river system means up keeping of the river in such a way that the flora and fauna are not affected, free flow of water is ensured and quality of water is protected.
It is submitted that an inspection had been conducted along the river by the district office of the board at Ernakulam on 11.12.2017 based on this application. During the inspection it could be noticed that large quantities of wastes which include both solid and liquid were reaching the Konothupuzha river directly and also through the canals and streams joining the river. Another thing noticed was that a large number of sewage outlets were open directly to the Konothupuzha. It was also brought to the notice of the board by the public that unauthorised dumping of septage to the river also was taking place during the wee hours. The enquiry conducted by the board revealed that the issues raised in the application are genuine to a great extent. It is humbly submitted that discharge of septage, sewage and other solid waste will definitely pollute the river. Also it will contribute significant amount of nutrients such as nitrate and phosphate causing growth of weeds and alagae. This will ultimately interrupt the free flow of water and also will reduce the concentration of dissolved oxygen of the river. Based on the inspection findings, directions were given to the concerned local bodies to take necessary action towards the protection of river. Copy of the direction dated 12.3.2018 is produced herewith and marked as annexure R2(a). Conservation of Page 12 of 130 river system is the collective responsibility and effort of the executive agencies among the respondents. For this a separate action plan and a detailed estimate has to be prepared after a detailed study of the issues for the restoration of the river system. Since the pollution control board is a regulatory agency rather than executive agency its role is limited in this particular case."
16. The 8th respondent had filed a reply affidavit contending that the applicant had submitted a representation to them on 03.06.2018 for removal of encroachment from the river bed. As per G.O.(ms) 200/2010 Revenue dated 31.05.2010 and as per G.O.(ms) No. 303/2017 Revenue dated 26.08.2017, the Tahsildar (LR) alone is competent to deal with the matters relating to survey disputes. So, in compliance with the above Government orders, they have forwarded the application submitted by the applicant to the Tahsildar (LR), Kanayanoor Taluk for further action. They have no authority to survey the land for the purpose of identifying the encroachments and they are unnecessary party to the proceeding. They reserved their right to file further reply affidavit, if any, required in future. So, they prayed for accepting their contentions and pass appropriate orders.
17. The 12th respondent had filed their counter affidavit contending as follows:-
3. "It is most respectfully submitted that Puthenkavu Regulator cum bridge was constructed 50 years back during period when Water Resource Department and Public Works Department were one and the same. The regulator was handed over to the Water Resource Department only after the bifurcation of two departments in 1991. The regulator was initially envisaged as a barrier against salt water intrusion to agricultural lands in Amballoor, Udayamperoor, Chottinikkara, Mulanthuruthy Panchayats and Thirupunithura Municipality. It also serves as the sole bridge Page 13 of 130 connecting Puthenkavu and Kanjiramattom. Due to old age, the shutters of the regulators have rusted out and hence presently not functional.
4. It is submitted that the Vettuvelikadavu sluice cum bridge, Kaniyaveli sluice cum bridge and Nedunapuzha sluice cum bridge were constructed for length lesser than the width of the river on account of paucity of fund during the period of construction. It is submitted that arresting of saline water intrusion necessitates construction of sand bund since the length of sluice is not adequate to serve the purpose. It is submitted that the structure can be replaced with permanent regulator cum bridge depending upon the availability of the fund.
5. It is further submitted that functioning of sluice requires concrete apron, both to the upstream and downstream of the structure which is inevitable.
Therefore the recurring expenditure on putting up of sand bund can be got eliminated.
6. It is submitted that as far as Puthenkavu Regulator cum bridge is concerned, there is no such encroachment involved in the construction of bridge. The regulator was constructed based on detailed soil investigation works and design by the department in accordance with the hydraulic parameters of the river. The concrete bunds referred in the application are concrete aprons on upstream and downstream sides of the regulator which is an essential component to prevent soil erosion adjacent to bridge foundation and also to reduce uplift pressure at the base. The aprons are unavoidable for the stability of the regulator cum bridge. The aprons do not obstruct the flow of water as it is constructed at the bed level of the river
7. It is also submitted that the existing shutters of the structure are found to be rusted and unserviceable., A work is already arranged by the department to dismantle the shutter portion. It is submitted that a proposal for construction of a new regulator cum foot bridge is already under preparation. The soil investigation work for the same was already tendered and will be commenced soon.
8. It is submitted that the shutters of the Puthenkavu regulator are not functional because of deterioration and earthen bund is being constructed annually across the Konothupuzha near to the damaged regulator temporarily to prevent salt water intrusion to adjacent agricultural lands to the relevant time of high flow of water in the river bed. It is further submitted that the above issue had already been raised regarding the position of the earthen bund by various beneficiaries panchayat. It is submitted that Mulathuruthy, Chotinikkaara and Udayamperoor Page 14 of 130 Panchayats had opposed the construction of earthen bund across the Konothupuzh on account of the fact that the bund is causing obstruction to passage of fishing boats, whereas, Amballoor Panchayat, Authorities are pressing for the construction of bund as major portion of agricultural lands are located in Amballoor Panchayat and salt water intrusion will definitely affect the productivity of crops. Hence, a meeting was convened by Additional District Magistrate, Ernakulam on 6.10.2016 with various representatives of the panchayats to decide about the construction of earthen bund in the above area in order to preserve the free flow of water. In the said meeting, it was decided to construct five earthen bunds across five sub streams of Konothupuzha on the downstream side of the regulator adjacent to agricultural lands in Amballoor Pachayat, otherwise it will spoil the agricultural productions and for the purpose of facilitating the free flow of fish boats, it was decided not to construct any earthen bund in the other areas.
9. According to the above decision, instead of a usual single bund across Konothupuzha, five small bunds across various upstreams were constructed to prevent salt water intrusion to agricultural lands in Amballoor Panchayat in the last year, though it is proved to be ineffective in resisting salt water intrusion. However, due to paucity of funds, such temporary arrangement has been continued. It is correct to state that the salt water intrusion can be effectively prevented only if the barrier is constructed at initial point of salt water intrusion i.e., at the location of regulator. However, steps are being taken by the 12th respondent to construct earthen bund adjacent to the damaged regulator across Konothupuzhas as done before. The work is already e- tendered and expected to be arranged by the second week of November. Therefore at present, there is no major obstruction to the free flow of river at portion of Puthenkavu regulator.
10. It is submitted that shutters of Puthenkavu regulator cum bridge are not functional and hence it does not serve the purpose of a regulator presently. But the bridge is a sole way of conveyance from Puthenkavu to Kanjiramattom and is located on the busy Ernakuam to Kottayam route. It is submitted that the regulator cum bridge is designed and constructed to allow the regulator flow of water and for maximum flood discharge, as a solution to the problem of salt water intrusion, a new regulator is proposed as stated above." It is submitted that the respondents are vigilant and duty bound to execute their statutory function as mandated under law. The respondents further undertake to obey and implement any order of this Page 15 of 130 Hon‟ble Tribunal without any hindrance towards the betterment of the environment and atmosphere and ensure an unpolluted and conservational life to the citizens, The respondents reserve their right to the Additional Reply Affidavit at a later stage, if necessary."
18. The 2nd respondent/Ambaloor Grama Panchayath filed their counter statements contending as follows:-
"3. Konothupuzha is a tributary of Vembanad Lake flowing in the South- North direction of the Western border of the 2nd respondent Panchayat which is situated in Mulanthuruthy Block, Erakulam District. The river flows for a distance of about 31/2 kms touching the 2nd respondent panchayat. Though width varies from place to place, there is an average width of 10 meters for the stretch touching the 2nd respondent panchayat.
4. It is submitted that the river has historical significance. The produce from Thottara Punchayat which was known as the granary of the erstwhile Kochi Sate was moved through this river. Similarly the transport of goods between the erstwhile Travancore and Kochi Princely State took place through the Konothupuzha river. At one point of time people residing on both sides of the river depended on the river even for drinking water. People living in the Eastern side of the river within the limits of the respondent Panchayat depended on the river for their agricultural needs. Similarly, the traditional fisherman on the western side of the river within the limits of the 5th respondent also depended on the river for their livelihood.
5. The brakish (salt) water from the Vembanad lake on the southern side enters the river during the summer and destroy the agricultural activities. In order o stop this a temporary bund is being constructed every year by the irrigation department for the past several years. This affects the natural flow of water through the river and affects the drainage of the wastes that are being dumped in the river. The situation was further aggravated by the fact that those living by the side of the river did not have toilets of their own and even those who had toilets used to dump the effluents from the toilet into the river. The Amballoor Grama Panchayat has provided bio gas plants to cover 90% houses within its limits on subsidy basis to process the waste generated from the households. Further the Amblloor Grama Panchayat is also successfully operating a waste processing plant at the Arayankavu market of the panchayat. Therefore, it is submitted that wastes in the river has come flowing from elsewhere.
6. Similarly the large patches of grass, water hyacinths which grows during the rainy season affects the natural flow of the river. As the river flows further north the width of the river further reduces and the pollution in the river increases.Page 16 of 130
7. It is submitted that shutters installed by the Irrigation Department at Chirakkal, Puthankavu to ensure natural flow of water has been dysfunctional for last several years. In these circumstances around one year back the waste was removed and the river cleaned up under the auspices of certain organizations. At the time there was significant improvement in the colour of water and the natural flow of water was restored to an extent. However, with the advent of the summer season the temporary bund was again constructed to protect the crops and the river went back to its previous condition. Therefore such plans have to be continuous in nature to ensure complete success.
8. It is submitted that it is not an easy task to remove the waste that has been depositing over the years. It would require spending of large sums of money and manpower. If the said work is carried out by including in the project/non-project works of Amballoor Grama Pachayat, it will lead to a situation when no funds are available for other essential activities in the Panchayat. The present financial position of the 2nd respondent panchayat does not permit removal of waste from the river using own funds alone. Since the Miullunkal Thodu (Canal) which starts from Puthenkavu. the southern end of Konothupuzha and ends at Millunkal Junction is also to be cleaned in the same manner, second respondent Grama Panchayat alone cannot take up both the works.
9. Since Konothupuzha river becomes narrower as it proceeds North, the best method for waste disposal in the river is to let in water into the river from the Vembanad Lake during the high tide. However, effective steps should be taken to ensure that no damages is caused to the agricultural crops. For this purpose an action plan should be prepared and executed jointly by all Grama Panchayats on both sides of this river and concerned Government Departments under the leadership of the District Administration to ensure that the brackish water do not enter the paddy fields. It is submitted that the 2nd respondent Amballoor Grama Panchayat is willing to participate in any such action plan."
19. The 3rd respondent/Chottanikkara Grama Panchayath filed their counter statement contending as follows:-
"4. It is submitted that Chotanikkara Grama Panchayat is taking all earnest efforts to keep the area under its jurisdiction free from solid and liquid wastes and has been constantly working to create awareness among local population about the importance of proper and scientific disposal of bio degradable as well as non-bio degradable wastes. The State Government policy in this regard is to encourage the processing of bio waste at the source itself than to collect it and try to process it at a centralized treatment plant. Many a campaigns have been carried out to spread this concept in the last two three years and during August 2017 a campaign named „freedom from waste was conducted covering all the households and shops and establishments in the panchayat Page 17 of 130 area.The 3rd respondent Panchayat has implemented projects for providing bio gas plant at subsidized rats to residents and many of them have already started using one or other type of bio degradable processing methods. Similarly, throwing of bio degradable wastes wrapped in plastic covers along road side or in to canals and rivers have come down considerably as a result of these campaigns undertaken by the third respondent in the last one or two years. People are now very much aware of the negative effects of these unhealthy practices and very positive change is being seen in this regard. Ward level Health and Sanitation Committees constituted under "Arogya Jagratha - 2018" campaign also takes a very vigilant stand against these type of practices. It is submitted that community based social pressure has started developing against the very few persons indulging in these type of practices.
5. It is submitted that 3rd respondent Panchayat before issuing license to commercial establishments, in tune with the State Government policies, take efforts to ensure that all the commercial establishments have necessary waste management facilities like bio pots or bio gas plants etc to dispose of the bio degradable wastes in their premises itself. The 3rd respondent Panchayat also ensures that all major lodging houses, apartments also do have adequate waste treatment plants to handle its own waste.
6. It is submitted that there are no centralised markets within the limits of the 3rd respondent the Chottanikkara Panchayat. Hence there is no such issue of market wastes being piled up and being dumped into water bodies.
7. It is further submitted that as far as septic wastes are concerned the Chotanikkara Panchayat is already a "Nirmalgrama Panchayat" having declared as Open Defecation Free Panchayat under "Swatch Bharat Abhivaan". All the households in the 3rd respondent panchayat have toilets with septic tanks and at the time of issuing building permits it is ensured that the newly constructed buildings do have required septic treatment tanks.
8. It is submitted that Chottanikkara Grama Panchayat is vigilant with regard to the enforcement of waste disposal rules. Frequent inspections are carried out with the help of Public Health Wing of the Health Department and proceedings are initiated if any one is found to be dumping waste in the road, canals, public places or rivers. Chapter 20 of the Kerala Panchayat Raj Act, 1994 provides for public safety and health. The 3rd respondent Chotanikkra Grama Panchayat is enforcing the provisions of the Kerala Panchayat Raj Act, 1994 and the rules made thereunder.
9 It is also submitted that local bodies especially Grama Panchayats do not have adequate authority, financial resources, manpower and technical expertise to undertake major works like restoration of a large river. Only the State Government Departments like irrigation, Public Works, Soil conservation and survey and land records acting coordination can prepare and implement a master plan for the eviction of encroachments in the river if Page 18 of 130 any, and also for clearing of weeds, grass growth and dredging of river bed to ensure free flow of the river.
10 It is submitted that all earnest efforts are being taken by the 3rd respondent Chottanikkara Grama Panchayat to ensure that no wastes are dumped or septic wastes are flown in to the Konothupuzha river."
20. The 4th respondent/Mulanthuruthy Grama Panchayat filed their counter statement contending as follows:-
"3. The Konothupuzha river start from the Chambakkra Canal at Thrippunithura as a tributary and passes through Thrippunithura, Chotanikkara, Udayamperoor, Mulanthuruthy, and Amballoor Grama Panchayats for a distance of about 17 kilometers and joins the Vembanad Lake at Poothota region of Amballoor Grama Panchayat. Every year during the summer season, the Irrigation Department, Government of Kerala constructs temporary earthen/mud bund at the Chambakkara Canal side where the river starts and at Poothotta where the river ends to prevent the entry of salt water. Though it is stipulated that the temporary earthen bund must be demolished and removed with start of the monsoons each year, the Irrigation Department do not take steps to remove the earthen bund completely. Therefore, only the mud which gets washed away from the bund is the natural course get removed during the rainy season every year. As a result water does not flow properly through the river.
4. It is submitted that the Ernakulam District Panchayat had a project during the period 2011 -2015 to improve the water flow through the Konothupuzha river by removing he vegetation and silt/mud, with the cooperation of farmers and volunteers. Though this was a first step to protect the river, it was only limited to the removal of the vegetation and water hyacinths
5. There is no dispute about the fact that Konothupuzha river must be revived in a manner making it useful as freshwater source, for agriculture and fishing. It is submitted that Konothupuzha river passes through more than one Grama Panchayat. Section 218 of the Panchayat Raj Act, 1994 inter alia provides that all public water courses (other than river passing through more areas than one Panchayat are which the Government may by notification in the gazette, specify) shall stand transferred to and vest absolutely in the village/grama Panchayat. It is submitted that Konothupuzha river passes through various Grama Panchayat, and hence the 4th respondent alone cannot take up any project with respect to the Konothupuzha river.
6. The allegation of the petitioner that the river is becoming polluted as panchayats have no waste arrangement in place is false and hence denied. This allegation is not correc, More so, in the case of 4th respondent Maulmthuruthy Grama Panchyat. The 4th respondent panchayat has installed a biogas plant for the disposal of the waste from the fish and vegetable market of the panchayat. The Page 19 of 130 panchayat has also appointed an employee on contract basis to collect and dispose of the waste and the biogas plant is operating efficiently. Additionally, the 4th respondent panchayat has given more than 1000 biogas plant to households within its limits to produce biogas from domestic waste.
7. It is submitted that strict instructions have been given to commercial establishment to segregate and process biodegradable and non biodegradable wastes. Licenses are issued/renewed for such establishment only on obtaining a NOC from the Health Department that the above instructions are being complied. An incinerator has been established to process hospital wastes from the Mulanthuruthy Community Heath Centre. There are 4 major catering centers within the 4th respondent Mulanthuruthy Grama Panchayat limits and they all have their own biogas plants and incinerators. Moreover the Panchayat is also providing biogas plants to the households in need of them. Hence the allegation in the application that the river is being filled with wastes as the Panchayat is not providing waste processing facilities is not correct.
8. The Mulamthuruthy Gram Panchayat is taking steps to clean and remove mud from cultivatable paddy fields, channels and canals in the Grama Panchayat by including it in the Mahatma Gandhi National Rural Employment Guarantee Scheme. This will include those canals which flow into Konothupuzha river.
9. It is submitted that the length of Konothupuzha river which passes through Mulanthuruthy Panchayat is comparatively less compared to that of other local Self Government Institutions. It is further submitted that Mulanthuruthy Grama Panchayat is willing to cooperate with any project in connection with the protection of the river."
21. The 6th respondent/Ernakulam District Panchayath filed their counter statement contending as follows:-
"As per Section 218 of the Kerala Panchayat Raj Act 1994 water course springs reservoirs etc in Village Panchayats (Grama Panchayts) vest with absolutely in the Village Panchayat which are 1st tier Local Self Government Institutions. Further under Section 166 "maintenance of waterways and canals, collection and disposal of slid waste and regulation of liquid waste disposal" are coming under the mandatory functions of Village Panchayats.
4. The said Konothupuzha flows through the areas comprising Udayamperoor, Ambalor, Mulamthuruthy, Chottanikkara Grama Panchayats and Tripunithura Municipality.
5. The District Panchayat, Ernakulam, a 3rd tier Local Self Government Institution, has no direct control or mandatory functions on the rivers and water bodies coming under the jurisdiction of Grama Panchayts/Municipality. It is submitted that the irrigation Department, Government of Kerala is the Page 20 of 130 appropriate authority which has got control and jurisdiction over the Konothupuzha. More over, only the irrigation Department Government of Kerala has the technical knowhow to restore and revive the Konothupuzha river.
6. It is submitted that being responsible local self government institution, District Panchayat, Ernakulam cannot keep its eyes closed over the things happening in Konothupuzha. However, District Panchayat, Ernakulam is keen to cooperate with any initiative from the Government of Kerala through the Irrigation Department or any other body for the restoration of the past glory of the river. The process of cleaning and protecting the Konothupuzha requires a huge sum which can be made possible by the earnest effort of all stake holders lead by Government of Kerala. It is submitted that the District Panchayat Ernakulam will definitely play an active role in such a scenario."
22. As per order dated 24.01.2020, after considering the pleadings, this Tribunal made certain observations in Para (10) & (11) regarding the role of State machineries in protecting environment which reads as follows:-
"10. It is seen from the statements filed by some of the respondents that it is admitted that construction of the bridges at least in some areas are not as per the standard for maintaining the flow of river. It is also seen from the statements submitted by the local bodies that though they admit their responsibility to maintain the waterbody and maintain free flow of water in the river and make it pollution free, they are expressing their inability to maintain the same due to want of funds and want of coordinating of all stakeholders. It may be mentioned here that as per the direction of the Apex Court in several decisions and also as per the provisions of the Panchayat Raj Act and Municipalities Act, maintenance of water bodies are with local bodies viz., Grama Panchyat, Municipality and Corporation and it is for them to make necessary steps to protect the same. There is a responsibility on the local bodies to prevent discharge of untreated effluents into the river and pollute the water, affect flow of water by dumping garbage either solid waste or construction waste or other waste. If the local bodies have implemented the provisions of Solid Waste Management Rules, 2016, Bio Medical Waste (Management) Rules, 2016, E-waste Management Rules, 2016 and Construction and Demolition Management Rules, 2016 in its true spirit, then most of the problems that are alleged can be curtailed or remedied. But most of the local bodies are shirking their responsibility in implementing the Rules, as expected from them. They are expressing their inability to implement the same either on the ground of non availability of infrastructure or want of staff or necessary funds for implementing the same. This being a welfare measure to protect environment, they should not shirk their responsibility. This has been repeatedly expressed by the Apex Court that paucity of funds or infrastructure Page 21 of 130 or man power is not a ground in not discharging their responsibility, as expected by the statute. It is for the State Government as well as local bodies to find out their own method by which these things can be solved by preparing proper action plan to meet the situation. They forget the fact that protection of environment is the primary responsibility of the State and its machineries under Article 48A of the Constitution of India. Further, importance of river is well known. Rivers carry water and nutrients. They play a very important part in the water cycle, acting as drainage channels for surface water. Rivers drain nearly 75% of earth‟s land surface. They provide excellent habitat and food for many of the earth‟s organisms. So it is the duty of the State machinery to protect the same, as part of right to life and it is the responsibility of the State as enshrined under Article 21 of the Constitution of India. It is true that there is a duty cast on the people also to protect environment as contemplated under Article 51A(g), as fundamental duty, under the Constitution of India. But if authority wants to penalise the general public for not following the Rules, the authorities must discharge their responsibility in the manner in which they have to function under the Rules.
11. It is in a way admitted by all respondents that there is an imminent necessity to rejuvenate Konothupuzha and make it pollution free with free flow of water and a joint effort will have to be taken by all stakeholders which the localbodies alone cannot undertake and the State Machineries will have to be involved for proper preparation of action plan and effective coordination of various departments, whose expertise is required for generating common fund and expertise to effectively execute the same.
23. Thereafter, this Tribunal had appointed a Joint committee comprising of (1) District Collector, Ernakulam (2) State Pollution Control Board (3) Public Works Department (Irrigation, Bridge and Roads) (4) Secretary, District Panchayat, Ernakulam (5) Commissioners of the respective Municipalities and Executive Officers of the respective Grama Panchayat, Secretary of the Municipalities and Grama Panchayats through which the river passes and come with a proper action plan with specific time line to abate the pollution in the Konothupuzha river. It is further observed in the order that this will have to be extended to some other river stretch also, then they will have to connect those things as well for the purpose of preparing a Page 22 of 130 holistic action plan. The Chief Secretary of the State Government as well as the Principal Secretary of Urban Development Department and Public Works Department (PWD) as well as Social Welfare Department and Environment Secretary and Water Resources were directed to coordinate with the respective authorities to prepare the action plan and submit the same before this Tribunal within a period of three months. The Chief Secretary, State of Kerala shall over see the same and if necessary guidelines will have to be framed to implement the directions issued by this Tribunal and the same will have to be provided by the Chief Secretary to Government, State of Kerala. The District Collector, Ernakulam District was designated as nodal agency for co-ordination and also for providing logistics for this purpose.
24. In the meantime, we have directed the Chairman, State Level Monitoring Committee, Kerala appointed by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 regarding the pollution caused to the river Konothupuzha and this Tribunal had considered the report submitted by Justice A.V. Ramakrishna Pillai, Former Judge, High Court of Kerala, Chairman State Level Monitoring Committee, Kerala which dated 05.08.2020 on 10.08.2020 and extracted in Para (3) of the order which reads as follows:-
"The river Konothupuzh starts from Champakkara Canal at Thripunithura. It passes through the local limits of the Thrippunithura Municipality as well as Chottanikkaran, Udayamperoor, Mulamthuruthy and Amballoor Grama Panchayaths covering a distance of about 17 Kilometers and ultimately joins the Vembanad Lake at Poothotta region within the limits of Amballoor Grama Panchayath. The main stream joining the river within the limits of the Thrippunithura Municipality is Andharakarathodu. This Hon‟ble Tribunal on 241.2020 had directed to take immediate steps to prevent the aforesaid river from being polluted with solid waste as well as septage waste through unauthorised Page 23 of 130 outlets. There was a further direction to prepare an action plan for the aforesaid purpose with the involvement of the different government departments concerned and the local bodies through the limits of which the river flows. The government as per G.O.(Rt) No.817/2020/LSGD dt. 3.5.2020 constituted a committee with the District Collector as the Chairman and the District Level Officers of the key department as well as the local bodies concerned for preparation of the action plan and for its implementation An inspection was caused to be conducted by the District Office, Ernakulam of KSPCB on 25.6.2020 along with the official of the Thrippunithura Municipality It is informed that the banks of the river as well as the stream joining the same were inspected Reportedly, inspections were conducted in the major establishment on the banks of the river on 30.6.2020, 2.7.2020 and 3.7.2020 and water samples were collected for analysis. The analysis reports are yet to be received.‟ Reportedly, the following were noted during the inspection. Near Nadakkavu - Mulanthuruthy bridge: solid/sewage wastes were seen dumped on either side of the road.
Kaniyavalli bridge: Nets were seen installed on either side of the bridge to prevent throwing of waste into the river.
Puthiyakavu - Kureekad bridge: Nets were installed on either side of the bridge. However, solid wastes were seen dumped at that point.
Skyline Ranch Villas: It is at this point Andharakathodu joins Konothupuzha river. Inspection revealed that each villa is provided with individual septic tank and soak pit systems.
Anthakarathoda Bridge: At the time of the inspection, cleaning of the Anthukarathodu by the Irrigation Department was going on. Solid wastes were seen dumped on the banks of the Anthakarathodu. No net was seen installed on the sides of the bridge. It is reported that the officials of the Thrippunithura Municipality informed that they would install the nets after the cleaning operations are over. Karingachira Bridge: Nets were seen installed either side of the bridge. Star Homes and Annex Apartment: This is an apartment complex with several towers. No sewage treatment plant was seen installed. Reportedly, septic tanks of some of the towers are close to the river side.
Aliyar Bridge: Reportedly, the water near this area was found to polluted and black coloured. Here sewage contamination is suspected.
The status of clearing work of Konothupuzha arranged by Irrigation Department near Aliyar Bridge and Star Homes, Thrippunithura can be seen from Annexures - A1 and A2 respectively.
It was also reported that the STPs of some of the flats on the banks of Konothupuzha and the drains joining river were not functioning.
The KSPCB reports that letters have been issued to the local bodies concerned for identifying and locking all the unauthorised sewage outlets leading to the river and show causes notices were served on the following apartment complexes and establishments on the banks of the river were the STPs are not proper functioning.Page 24 of 130
Choice Paradise Apartments, Thripunithura SFS Kingdom Apartments, Thripunithura Star Homes and Annex Apartments, Thripunithura Heera Life Style Apartments, Thripunithura Valy Heights Apartments, Thripunithura Service Station at Thripunithura owned by Karthikeyan M.N Conclusion The pollution of river Konothupuzha cannot be considered as an isolated issue. It is closely ad intrinsically connected with the Waste Management Systems in the local bodies involved.
As per the directions of the National Green Tribunal, Principal Bench, New Delhi in O.A.606/2018 instructions have been issued by the State Level Monitoring Committee to all the local bodies in the State to be fully compliant in waste management within one year from April, 2019. With a view to make the process effective, district Level Monitoring Committees were formed all districts in the State with the District Collector as the chairman, General, as well as special directions pertaining to leach district were given in the first meeting of these committees chaired by the chairman of the State Level Monitoring Committee. However, all those directions went into deaf ears. Unless there is proper coordination between the District Administration, different government departments, local bodies as well as the Kerala State Pollution Control Board, nothing can e achieved. It is crucial to note that Thripunithura Municipality through which river Konothupuzha passes is lagging behind in achieving the target fixed by the Principal Bench of the National Green Tribunal in Solid Waste Management. The details of segregation and collection of solid waste in Thripunithura Municipality as in March, l2020 is as follows. The data was prepared on the basis information supplied by the Municipality to the State Level Monitoring Committee through KSPCB.
Number of Wards - 49 Number of Household units 29495 Number of Establishments 3400
Number of Houses having segregation at source- Dry 2569
-do- Wet 26730 Number of establishment having segregation at source- Dry 2920
-do- Wet 2860 Number of households under door to door collection -dry 25690
-do- -wet 26730 Percentage of households under door to door collection -dry 87.1
-do-- wet 90.7 Number of establishments under door to door collection -dry 2020
-do- wet 2860 percentage of establishments under door to door collection -dry 85.9
-do- wet 84.2 Page 25 of 130 Number of collectors - 64 Number of vehicles used - 2 The data regarding segregation and door to door collection of solid waste in the Thripunithura Municipality appears to slightly inflated. Had it been fully correct, most of the road sides and river sides in the Municipality would have been waste free. Even if, 1% of the solid waste generated in the households and other establishment is unattended by the local body, it would be sufficient to pollute the river and road stretches in it‟s locality The details of door to door collection as in March, 2020 in the panchayaths through which the river Konothupuzha passes are given in Annexure - 3. To overcome the present situation, the following suggestions are made. All the local bodies above mentioned should achieve 100% compliance in door to door collection of segregated wastes and should ensure its safe and proper disposal. Source level treatment of wet solid waste under the supervision of Suchitwa Mission, Haritha Kerala Mission and Pollution Control Board can be promoted as far as practicable. Major commercial establishments, if possible, can establish its own plastic shredding units so that littering of plastics on the roads ad in the river can be controlled.
The local bodies above may be advised to install surveillance camera units on major points of waste disposal. They may also be directed install nets on either side of the bridges over the river Konothupuzha wherever necessary. These local bodies should also undertake the responsibility of conducting awareness programmes to the public regarding proper waste management. This can be done with the help of Sucitwa Mission, Haritha Kerala Mission and State Pollution Control Board. Awareness programmes can be conducted in educations institutions also with the assistance of District Legal Services Authority The KSPC shall be burdened with the responsibility of proceeding against individuals, establishments and local bodies violating environmental laws and recovering compensation for environmental degradation. The State Irrigation Department shall be directed to clean the river Konothupuha and the streams connecting the same periodically to ensure free flow of water. It is learned that the Irrigation Department constructs temporary mud bunds at Champakkara Canal side (it is here the river starts) and ast Poothotta (it is here the river ends) to prevent the entry of salt water during summer season. Strict instruction should be given to the irrigation department to remove these bunds before the onset of monsoon every year, so that clogging at that points can be avoided."Page 26 of 130
25. Thereafter, this Tribunal had passed the following order:-
"The suggestions given by the Chairman of the State Level Monitoring Committee, which the local bodies are bound to follow and compliance of the same has to be monitored by the State Pollution Control Board and if there is any violation, they are directed to impose environment compensation, as directed by the Principal Bench of the National Green Tribunal, New Delhi in O.A.No.606 of 2018. The Irrigation Department is also directed to implement suggestions given by the State Level Monitoring Committee. The respective local bodies are directed to submit their status report regarding the steps taken by them for remedying the situation caused to the disputed water body in question to avoid pollution being caused to the same. The regulating authority viz., Pollution Control Board is also directed to submit independent report regarding the steps taken by them for strict compliance of the Solid Waste Management Rules, 2016 in the local bodies whose failure are affecting the river in question. The District Collector is also directed to submit an independent report, apart from filing a report along with the committee, as the Chairman of the committee, regarding the steps taken by him as District Magistrate, under the provisions of the Solid Waste Management Rules, 2016 against the erring local bodies and also the steps taken by him to make those erring local bodies to implement the Rules strictly in their area of jurisdiction.
The Registry is directed to communicate this order to the respective committee members and also to the local bodies, arrayed as parties in this case, through e-mail immediately so as to enable them to submit their independent status report regarding implementation and steps taken to remedy the situation to protect the water body. They are directed to submit the report on or before 28.10.2020."
26. The case was posted to 28.10.2020 for consideration of report. Thereafter, the matter has been adjourned from time to time by successive notifications.
27. In the meantime, there was a statement filed by the Udayamperoor Grama Panchayath/5th respondent through their Advocate on 07.08.2020 which reads as follows:-
Page 27 of 130 Page 28 of 130 Page 29 of 130 Page 30 of 130 Page 31 of 130
28. The matter was taken up on 15.02.2021, on that day this Tribunal considered I.A. No. 99 of 2020 (SZ) and I.A. No. 109 of 2020 (SZ) filed by the Vineyard Meadows Villa Owners‟ Association and a farmer who is supposed to be affected by in-action on the part of the authorities in preventing pollution caused to the Konothupuzha River and this Tribunal allowed these applications and impleaded them as additional Respondents No. 17 & 18 respectively. On that date, this Tribunal had considered affidavit dated 23.10.2020 filed by the 2nd respondent/Ambaloor Grama Panchayath and extracted in Para (8) wherein they have enumerated the steps taken by them for implementation of Solid Waste Management Rues, 2016 and also preventing pollution being caused to the Konothupuzha river within their jurisdiction.
29. This Tribunal also considered the report dated 23.10.2020 filed by the 5th respondent through their Secretary and extracted in Para (9) of the order wherein they have also narrated the steps taken by them for implementation of Solid Waste Management Rules, 2016 and also steps to prevent pollution being caused to Konothupuzha river within their jurisdiction.
30. The 6th respondent also filed an affidavit dated 06.10.2020 and extracted in Para (11) of the order wherein they have explained the steps taken by them for implementing the Solid Waste Management Rules, 2016 and steps taken to prevent pollution being caused to the Konathupuzha River within their jurisdiction.
Page 32 of 130
31. The 3rd respondent filed the compliance report dated 07.10.2020 and extracted in Para (12) of the order wherein they have mentioned about the steps taken by them for implementing the Solid Waste Management Rules, 2016 and steps taken to prevent pollution being caused to the Konathupuzha River within their jurisdiction.
32. The 4th respondent also filed compliance report dated 06.02.2021 and extracted in Para (13) of the order, in which they have explained as to how they are implementing the provisions of the Solid Waste Management Rules, 2016 and steps taken to prevent pollution being caused to the Konathupuzha River within their jurisdiction.
33. The Kerala State Pollution Control Board filed a report dated 27.10.2020 and extracted in Para (14) of the order which reads as follows:-
"Report filed by the Environmental Engineer, Regional Office, Ernakulam for and on behalf of the Kerala State Pollution Control Board I, Mini Mary Sam, aged 53 years, W/o. Ranjan Jacob, Environmental Engineer do herby submit that I am authorized to represented the Kerala State Pollution Control Board, the 11th respondent and that I am conversant with the facts of the above case and I may state as follows:
1. Vide order dated 10.08.2020 the Hon‟ble NGT directed that "the regulating authority viz., Pollution Control Board is also directed to submit independent report regarding the steps taken by them for strict compliance of the Solid Waste Management Rules, 2016 in the local bodies whose failure are affecting the river in question".
2. The main contention in the application is regarding pollution of Konothupuzha river due to dumping of waste on the sides of the river. The local bodies situated on the sides of the river are Thripunthura Municipality, Chottanikkara Panchayat, Mulanthuruthy Panchayath, Udhayamperoor Panchayath and Amballoor Panchayat.
3. In compliance with the order of the Hon‟ble NGT, the status of the solid waste management of the concerned local bodies and the action taken for enforcing the Solid Waste Management Rules, 2016 is submitted as follows: Page 33 of 130
a. Thripunithura Municipality: The total quantity of solid waste generated in the Municipality is 5.5 t/day. Of this, quantity of bio degradable waste is 4 t/day and non biodegradable waste is 1.5 t/day. Door to door collection is about 87%. This is done by Haritha Karma Sena having 73 members. Out of 49 wards in the Municipality, 9 wards are having mini material collection centres and one ward is having a large material collection centre. The municipality has not obtained authorization under the Solid Waste Management Rules, 2016. Hence, they were directed to apply for the mandatory authorization under the Solid Waste Management Rules, 2016. Copy of the letter from the municipality detailing the Waste Management system of the municipality is produced herewith and marked as annexureR2(a).
b. Chottanikkara Panchayat: Quantity of non biodegradable waste collected per month is 2.5 - 3 tons. They are having 28 numbers of Haritha Karma Sena members for 14 wards. Panchayat is having one material collection centre and 11 mini material collection centres. Haritha Karma Sena collects the non bio-
degradable waste once in a month. From shops and other establishments, waste is collected at least once in a month and if quantity of the waste is more, frequency of collection is increased.
c. Mulanthuruthy Panchayat: The quantity of bio degradable waste collected is 800 kg/month as reported by the Mulanthuruthy Panchayat. They are having 34 numbers of Haritha Karma Sena members and one material collection centre. The waste is collected from houses, shops and other establishments once in a month and disposed of through Clean Kerala Mission. d. Udhayamperoor Panchayat: The quantity of non biodegradable waste collected is reported to be 2.5 T - 3 T per month. The panchayat is having 1 material collection centre. The waste is collected by Haritha Karma Sena members once in a week. The number of members in Karma Sena are 26 for 20 wards. e. Amballoor Panchayat: The total quantity of solid waste generated in the panchayat is 0.06 T/day. Quantity of waste collected per day is 0.0012 t/day. The number of wards is 16 and having 16 Haritha Karma Sena members. The waste collected is disposed of through Clean Kerala Mission.
4. It is respectfully submitted that in compliance with the direction of this Hon‟ble Tribunal, Board conducted inspection on 01.10.2020 along the banks of Konothupuzha. Members of the petitioner Samithy were also present during the inspection. Sites pointed out by the members of the Samithy were inspected. During inspection, it was seen that waste was dumped on the road sides near the river. Inspection sites are given below:
i. Nadakkavu - Mulamthuruthy Bridge (Udayamperoor Panchayat) ii. Mankkumbel (Udayamperoor Panchayat) iii. Puthiyakavu Kureekad Bridge (Thripunithura Municipality) iv. Andhakarathodu Bridge (Thripunithura Municipality) v. Karingachira Thodu (Thripunithura Municipality) vi. Aliyar Bridge (Thripunithura Municipality) Page 34 of 130
5. During inspection, some Haritha Karma Sena members of Udayamperoor Panchayat were also met with. They reported that they are removing the solid waste regularly from different sites, but still waste is being dumped in many areas. Instructions were issued to these local bodies to constitute squads and remove the dumped waste periodically where waste was seen dumped repeatedly. Copy of the letter to Thripunithura Municipality and Udayamperoor Panchayat dated 16.10.2020 in this regard are produced herewith and marked as Annexure R2(b) and Annexure R2(c).
6. Hence the local bodies have to implement the following measures in their jurisdiction for the effective implementation of the solid Waste Management Rules, 2016. Letters issued to the local bodies in this regard are produced herewith and marked as Annexure R2(d) and Annexure R2(e). a. Conduct awareness programs in the locality against dumping of waste in public places and road sites.
b. Implement 100% door to door collection of solid waste and dispose it as per Solid Waste management Rules, 2016 after collecting user fee. c. Spot fines has to imposed on persons who dump waste on the public places and necessary legal action has to be taken against the culprits to curb this illegal dumping.
All that is stated above are true to the best of my knowledge information and belief.
Dated this 27th October, 2020."
34. Thereafter, this Tribunal had passed the following order:-
"15. It is quite unfortunate that nobody is representing the 1 st respondent viz., Thirpunithura Municipality within whose jurisdiction major portion of the Konothupuzha river passes through. Even the two new applicants who come on record were also from the same municipality, alleging that the Solid Waste Management Rules, 2016 is not being implemented in that municipality in its letter and spirit.
16. The Principal Bench of National Green Tribunal, New Delhi has heavily come on the Chief Secretary, State of Kerala while dealing with Brahmapuram issue and also in respect of implementation of the Solid Waste Management Rules, 2016 in O.A. No.606 of 2018 for showing dissatisfaction in carrying out the direction of the National Green Tribunal for better implementation of the Solid Waste Management Rules, 2016 in the respective States.
17. Though it is seen from the compliance report submitted by some of the local bodies that a District Committee has been formed to look into the issue and as per the decision taken, certain amounts have been deposited by them, but, the committee which has been appointed by this Tribunal has not filed any report before this Tribunal regarding the progress of the work that has taken place, after Page 35 of 130 the previous orders and also regarding the possibility of implementing the recommendations made by the State Level Monitoring Committee which was extracted in the order dated 10.08.2020 by this Tribunal.
18. When this was pointed out, the learned counsel appearing for the State of Kerala submitted that if some time is granted, they will come with the proper action taken report and compliance report so as to satisfy this Tribunal that effective steps are being taken to resolve the issue permanently.
19. The District Collector is also expected to be proactive in protecting environment and implementation of the Solid Waste Management Rules, 2016 within their jurisdiction as has been contemplated under Rule 12 of the Solid Waste Management Rules, 2016.
20. The Kerala State Pollution Control Board is also directed to file a separate status report regarding the implementation of Solid Waste Management Rules, 2016 in these local bodies regarding collection, segregation and disposal of the waste generated in their area as has been contemplated under the Solid Waste Management Rules, 2016 and if there is any directions issued against the Rules for managing the waste generated by themselves, then the Pollution Control Board as well as the District Collector are expected to look into the issue and submit a separate action taken report against those municipalities who are not strictly following the procedure provided under the Rules.
21. It is high time to educate the regulators first than educating the local people for implementing the Solid Waste Management Rules. Unless the regulators and the persons who are expected to implement the rules are providing necessary facilities as provided under those rules for the people to comply, it is not possible to blame the residents of the locality for non-complying with the same. Even before taking action against those persons for violating the rule, one must expect as to whether the local bodies are strictly following the rules and discharging their responsibility of collection, segregation and disposal of waste as provided therein so as to blame the local residents for not complying with the environmental norms.
22. The District Collector is directed to convene meetings of the Chairman of the local bodies in their district so as to appraise their responsibility of implementing the Solid Waste Management Rules in its letter and spirit and provide all facilities, if any, required from his side to implement the same in an effective manner with the sole object of protecting environment. If health is lost, everything is lost and any amount of wealth that has been accumulated by doing development activities will be of no use.
23. The local bodies who have not filed compliance report are also directed to submit their compliance report before the next hearing date. If the local bodies are not complying with the directions, then the respective Secretaries of the local bodies who have not complied with the directions will be compelled to appear before this Tribunal to face the consequence of non compliance of the direction as contemplated under Section 25 & 26 of the National Green Tribunal, 2010.Page 36 of 130
24. The newly added parties are also directed to file their independent response regarding the suggestions which they want to put forward before this Tribunal to resolve the issue permanently.
25. The above authorities are directed to file their respective reports to this Tribunal on or before 23.03.2021 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.
26. The Registry is directed to communicate this order to the members of the committee, District Collector, Ernakulam, Secretaries of the Local bodies and the Chief Secretary, State of Kerala and Principal Secretary of Local Administration, State of Kerala for their information and compliance of the direction."
35. The case was posted to 23.03.2021 for filing the compliance cum action taken report. Thereafter, the matter has been adjourned from time to time by successive notifications. When the matter was taken up on 04.06.2021, this Tribunal had considered the affidavit filed by the first respondent/Thripunithura Municipality dated 19.03.2021, e-filed on the same date and thereafter, this Tribunal had passed the following order:-
"4. We have received the affidavit submitted by 1st respondent- Thripunithura Municipality through their Secretary signed on 19.03.2021, e-filed on 19.03.2021and received on 22.03.2021, wherein they have stated that as per the direction of the Committee whatever recommendations made by them to be carried out by 1 st respondent- Thripunithura Municipality has been done by them. They have also paid the cost of survey to be shared by 1st respondent- Thripunithura Municipality as directed by 15th respondent. It is also mentioned in the report that they have already taken stringent action against those who are violating the conditions and Show Cause notices have been issued and they are also strictly implementing the Solid Waste Management Rules, 2016 in their Municipality with the help of 73 members of Haritha Karma Sena. They have also submitted a report to the Government with respect to the method adopted by them and implemented by them. But the Learned Counsel appearing for the Pollution Control Board have submitted that the Thripunithura Municipality has not complied with the Solid Waste Management Rules, 2016 as Page 37 of 130 envisaged and Show Cause Notices has been issued and no proper reply has been submitted by them. Though, on the last hearing date, we have directed the Pollution Control Board to submit the status report of the implementation of the Solid waste Management Rules, 2016 in the respective local bodies who have been arrayed in this case, no such report has been filed. The Committee has also not filed any further status report or progress report regarding the work done by them regarding the implementation of the directions issued by this Tribunal to redress the grievance raised by the applicant in the application. When this was pointed out the Learned Counsel appearing for the State Government as well as Pollution Control Board submitted that they will come with a [6] detailed status report as directed by this Tribunal, if some time is granted as according to the Learned Counsel for the Pollution Control Board, due to pandemic situation the Regional office of Pollution Control Board has been closed and no officer is available in the office.
5. The Pollution Control Board must be allowed to continue to do their regulatory work as they are supposed to play a great role in protecting the environment. The Government also think about giving some exemption or relaxation for the Pollution Control Board to do their regulatory work which they are expected to implement as per the statutory provisions including the implementation of Solid Waste Management Rules, 2016 and other rules which deals with the hygiene conditions to be protected in the respective areas. Further, whenever a court direction is there for them to carry out certain things and file status report as directed, then some relaxation must be given for such officers who have been directed to carry out the directions of the Tribunal so as to help the Tribunal to pass appropriate orders to redress the grievances of the public who are coming to the court for the non-compliance of such statutory regulations resulting in degradation of environment in the area. Further, the slogan for this year by UN Assembly for „UN Decade 2021-30‟ is „ecosystem restoration‟ which includes the rejuvenation of degraded water bodies like Konothupuzha River also. So, these slogans of the United Nations is much concerned about the global warming and improvement of environmental Page 38 of 130 conditions. Being signatory to the conventions, the Government also must bestow their attentions to see that pro-active role will have to be done by them in order to protect environment and the National Green Tribunal itself has been constituted as part of discharging this onerous duty of protecting environment. Being the machineries of the States and also having Constitutional obligation to discharge their functions as contemplated under Article 48(A) of the Constitution of India as well which makes the responsibility of protecting environment on State Governments and its machineries which includes local bodies and regulators as well have to raise to the occasion to protect environment.
6. Considering the circumstances, we direct the Committee to submit the progress report regarding the decision taken by them in the earlier meetings to meet the situation and how far improvement have been done and the damage caused to Konothupuzha River has been redeemed as part of restoration process on or before 19.07.2021 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. The Pollution Control Board is also directed to file the report as directed before the next hearing date.
7. The Registry is directed to communicate this order to the members of the Committee, State Pollution Control Board and to the Chief Secretary and [8] Principal Secretary for Environment, Irrigation, Public Works Department and Local Administration and the Chief Secretary is directed to look into the issue as the matter is pending since 2017 and direct the Committee to take positive steps to come with a proper action plan for remedying the situation by providing short term and long term measures to implement the same in an effective manner."
36. The case was posted to 09.07.2021 for consideration of further report. The matter was again taken up on 16.08.2021. On that day, this Tribunal had considered the report submitted by the 14th respondent/The District Collector, dated Nil, e-filed on 08.07.2021 and extracted in Para (3) of the order which reads as follows:-
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37. This Tribunal also considered the report submitted by the Kerala State Pollution Control Board date 08.07.2021, e-filed on 09.07.2021 and extracted in Para (7) of the order which reads as follows:-
"Report filed by the Environmental Engineer, Regional Office, Ernakulam for and on behalf of the Kerala State Pollution Control Board I, Mini Mary Sam, aged 54 years, W/o. Sri. Ranjan Jacob, Environmental Engineer do hereby submit that I am authorized to represent the Kerala State Pollution Control Board, the 6th respondent and that I am conversant with the facts of the above case and I may state as follows:Page 46 of 130
The Hon‟ble Tribunal has directed this Board in its direction dt.04.06.2021 to submit the status report of the implementation of the Solid Waste Management Rules, 2016 in the respective local bodies who have been arrayed in this case. In compliance with the order of the Hon‟ble NGT, the status of the solid waste management of the concerned local bodies and the action taken for enforcing the Solid Waste Management Rules, 2016 is submitted as follows:-
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11. The Analysis reports of the water sample shows the presence of high value of Total coliforms including Fecal coliforms and colour.
The value of dissolved oxygen is obtained as BDL. Analysis report shows contamination due to sewage.
12. It is submitted that the Board shall take follow up action with the local bodies/industries/establishments regarding solid waste and waste water management for restoring the water quality of the river.
All that is stated above is true to the best of my knowledge, information and belief.
Dated this the 8th July, 2021."
38. Thereafter this Tribunal had passed the following order:-
"8. The Kerala State Pollution Control Board also pointed out several gaps regarding the implementation of the Solid Waste Management Rules, 2016 especially, in respect of Thirupunithura Municipality, where according to them, implementation is very poor and they have already initiated action against the municipality by issuing show cause notice to show cause as to why environmental compensation to the tune of Rs.378.46 lakhs for the period from 09.04.2019 to 31.12.2019 should not be imposed and it was mentioned that there was no reply filed till date.
9. The Kerala State Pollution Control Board is also directed to file further action taken report regarding the observations made by them during the inspection of several institutions.
10. The 1st respondent/Thirupunithura Municipality has filed an affidavit, but we are not satisfied with the affidavit submitted by the 1st respondent in the view of the status report filed by the Kerala State Pollution Control Board, which highlighted some irregularities regarding the implementation of the Solid Waste management Rules, 2016 in that particular area.
11. The 1st respondent is also directed to file a detailed report as to whether they are carrying out the door to door collection of both biodegradable and non-biodegradable waste, including sanitary napkins and diapers as contemplated under Rule 17 of the Solid Waste Management Rules, 2016 and whether they are following the disposal methodology as required under the Solid Waste Management Rules, 2016.
12. The respective respondents are also directed to file their independent reports as directed by this Tribunal and the committee is also directed to file a detailed report regarding the improvement (if any) that has taken place on the basis of the work done by the respective departments in this regard.
13. The State of Kerala is also directed to file a detailed report regarding the Page 54 of 130 status of the implementation of the project that has been suggested by the Joint Committee to remedy the situation and what is the nature of action taken in this regard, including providing necessary funds for this purpose.
14. They are directed to file their respective reports to this Tribunal on or before 30.09.2021 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.
15. The Registry is directed to communicate this order to the members of the committee, Kerala State Pollution Control Board and also to the Chief Secretary, State of Kerala, Principal Secretary for Environment, Irrigation, Public Works Department, Director of Swachh Bharath by e-mail immediately for their information and also for filing independent reports regarding the progress that has been undertaken on the basis of the action plan prepared by the Joint Committee to resolve the issue permanently in this case.
39. The case was posted to 30.09.2021 for consideration of further action taken report. Thereafter, the matter has been adjourned either at the request of the parties or by notification. The matter was taken up on 11.11.2021 and on that day this Tribunal had considered the action taken report submitted by the 3rd respondent/Chottanikkara Grama Panchayath dated 22.10.2021, e-filed on 09.11.2021 and extracted in Para (3) of the order wherein, they have narrated the further steps taken by them to remedy the situation of pollution being caused to Konothupuzha River and comply with the directions given by the committee appointed in this regard.
40. This Tribunal also considered the report submitted by the 4 th respondent in the form an affidavit dated 03.11.2021, e-filed on 09.11.2021 and extracted in Para (4) of the order wherein they have explained the steps taken by them to implement the recommendations made by the Joint Committee within their jurisdiction.
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41. This Tribunal also considered the report submitted by the 6 th respondent in the form of an affidavit dated 03.11.2021, e-filed on 09.11.2021 and extracted in Para (5) of the order wherein they have explained the steps taken by them to implement the recommendations of the Joint Committee within their jurisdiction.
42. This Tribunal also considered the report submitted by the first respondent in the form of an affidavit dated 28.10.2021, e-filed on 02.11.2021 and extracted in Para (9) of the order wherein, they have explained the steps taken by them to implement the Solid Waste Management Rules, 2016 in respect of collection, segregation and disposal of waste generated and also the implementation of recommendations of the Joint Committee.
43. Thereafter, this Tribunal had passed the following order:-
"10. It is seen from the report submitted by the 1st Respondent/Thripunithura Municipality that they have engaged "Haritha Karma Sena" for collection of segregated biodegradable and non-biodegradable waste from the source level and it is being processed at Bhramapuram Plant by paying some user fee. They are collecting the dry waste other than sanitary napkins and diapers from the households and other establishment on weekly basis and the non-biodegradable waste are collected separately, stored and handed over to the Eco Green Kerala Limited, a Government approved agency for scientific recycling and reuse purpose.
11. As regards the implementation of Rule 17 (3) of the Solid Waste Management Rules, 2016 in respect of sanitary napkins and diapers, they are not collecting the same, scientific proposal for treatment of sanitary napkins and diapers submitted by the EN Cleaners, a facility management company having Udyam Registration No. Udyam KL-12-00026081 in collaboration with the Kerala Enviro Infrastructure Limited (KEIL) for biomedical incineration is under consideration. They also mentioned in the report that they have taken necessary steps to remove the encroachment and remedial measures for preventing pollution to Konothupuzha in co-ordination with the Tahsildar, Page 56 of 130 Kanayanoor.
12. It may be mentioned here that as per Rule 17 (3) of the Solid Waste Management Rules, 2016 relied on by the 1st Respondent Municipality, there is a responsibility cast on the local bodies to collect the same as well in co- ordination with the manufacturers and distributors of the same. Though certain steps are proposed to be taken from their side, till then what is the procedure to be adopted by them to dispose of those waste has not be mentioned, as nowadays most of the households are dealing with sanitary napkins and diapers which is supposed to be a hygienic method by which the health of the women and children can be protected. It is for the local bodies to take initiative to collect those waste as well, as under Rule 17 (3) of the Solid Waste Management Rules, 2016, they have got a responsibility of collecting the same as well. This aspect has been considered by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.237 of 2020 and certain directions have been issued in this regard. If the manufacturers or the brand owners are not carrying out their responsibility, then it is for the local bodies to see that this is being implemented by them, instead of shirking the responsibility of collecting the same and leaving it uncollected and creating unhygienic condition in the residential houses.
13. The State Pollution Control Board is also expected to take pro-active role to ascertain as to what is the nature of collection and disposal mechanism that is being adopted for disposal of sanitary napkins and diapers as enumerated under the Rule 17 (3) of the Solid Waste Management Rules, 2016 and if it is not implemented, what is the nature of action taken by them in this regard as well.
14. The learned counsel appearing for the Kerala State Pollution Control Board submitted that they have issued directions to the local bodies to strictly implement the Solid Waste Management Rules, 2016 regarding collection on daily basis of both biomedical and non-biomedical waste generated from the residential houses and also other generating sources and segregate and dispose of the same in a scientific manner as provided under Solid Waste Management Rules, 2016 as directed by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018.
15. The learned counsel further submitted that they will file the detailed report in this regard. Imposing certain user fee for engaging "Haritha Karma Sena" or other collecting agency, so that the hygienic condition in the locality can be properly maintained by them as expected from a local body. They cannot shirk the responsibility of avoiding such things in a casual manner and without providing any supervisory mechanism, this is being properly implemented or not. Further, this is being repeatedly stated by this Tribunal even in this case and also in similar cases of this nature regarding the implementation of the Solid Waste Management Rules, 2016 and violation found.
16. The District Collector who has been designated as the Chairman of the committee constituted by the Government for the purpose of implementing the Page 57 of 130 scheme of restoration of Konothupuzha River from pollution and encroachment has not filed any report regarding the further steps taken from their side in this regard and what is its stage and there is any improvement made on account of the steps taken by them in this regard and the nature of action taken against the persons who are found to be violators of non-compliance of the permission/consent granted, who are expected to comply the same, which results in such illegal discharge of untreated sewage into the river directly who are having residences along the banks of the Konothupuzha River which in the earlier report, they said to have been identified.
17. The local bodies as well as the Kerala State Pollution Control Board and the District Collector and the Additional Chief Secretary for Environment are directed to file their further progress report regarding the steps taken and the improvement made in protecting the Konothupuzha River.
18. The learned counsel appearing for the applicant submitted that they are not being given notice to the meeting and if notice is given to the applicant, they can appear and submit their views before the committee so that, that can be considered by the committee. If the applicants are interested in protecting the Konothupuzha River, having known that the committee has been constituted with the District Collector as Chairman of the committee, they could have submitted their representations before the District Collector making their suggestion and also requesting them to issue notice to them on the date of meeting, so that they can make their representation before the committee which can be considered by them.
19. It is not possible for the State authorities to issue individual notice, but they can only co-ordinate with the regulators and monitor the steps taken by them for implementing the directions of this Tribunal and also concerned Waste Management Rules in protecting the water body and environment. If the applicant filed any representation giving their suggestion as to how issues can be resolved in a scientific manner to the District Collector, the District Collector is directed to consider the same and take appropriate steps to implement the same in co-ordination with the other members of the committee and Stakeholders who are expected to execute the same, if it is feasible and practicable.
20. If the applicant wants to file any objection to the report, they are at liberty to file the same before the next hearing date with copy to the District Collector who is the Chairman of the committee constituted by the Government for this purpose and also to the respective local bodies and the Kerala State Pollution Control Board, so that they can also consider those things while submitting the further report as directed by this Tribunal.
21. The above said officials are directed to file their independent further progress report to this Tribunal on or before 20.12.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.Page 58 of 130
22. The Registry is directed to communicate this order to the members of the committee, District Collector, Ernakulam, Kerala State Pollution Control Board and also to the official respondents, apart from communicating this order to the Chief Secretary, State of Kerala, Principal Secretaries for Environment, Irrigation, Public Works Department and Revenue, Director of Swachh Bharath by e-mail immediately for their information and compliance of the direction.
44. The case was posted to 20.12.2021 for consideration of further progress report. The matter was again taken up on 20.12.2021 and considered the action taken report submitted by the District Collector, Ernakulam District through post dated 10.12.2021 and received on 16.12.2021 and extracted in Para (2) of the order which reads as follows:- Page 59 of 130 Page 60 of 130 Page 61 of 130 Page 62 of 130
45. The 2nd respondent also filed a compliance report in the form of an affidavit dated 02.11.2021, e-filed on 12.11.2021 and extracted in Para (4) of the order which reads as follows:-
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46. This Tribunal also considered the report submitted by the Kerala State Pollution Control Board dated 16.12.2021 and received through e-mail on 20.12.2021 and extracted in Para (9) of the order which reads as follows:-
"REPORT FILED BY THE ENVIRONMENTAL ENGINEER, REGIONAL OFFICE, ERNAKULAM ON BEHALF OF THE KERALA STATE POLLUTION CONTROL BOARD
1) I, Mini Mary Sam, aged 54 years, W/o Ranjan Jacob, Environmental Engineer do here by submit that I am authorised to represent the Kerala State Pollution Control Board, and that I am conversant with the facts of the above case and I may state as follows.
2) The river "Konothupuzha" runs in North- South direction passing through the areas comprising Udayamperoor, Amballoor, Mulamthuruthy, Chottanikkara Grama Panchayath and Tripunithura Municipality in Ernakulam District. The total length of this river is 17 Km starting from Vettuvelikkadavu at Irumpanam and ends at Puthenkavu in Udayamperoor.Page 64 of 130
North end starts from Chambakkara canal and in South it discharges into the Vembanadu back water through Poothotta Kayal. The river water is mainly used for irrigation, fishing etc. The river is facing high pollution problems due to disposal of untreated sewage, septage, stagnation etc and need an urgent action to improve the water quality. The major source of pollution of the river is the discharge of domestic sewage from apartments/houses/hotels etc. There are no major effluent generating industries located on the banks of river. The small industries such as car wash units, service station etc are identified by KSPCB.
3) The Hon‟ble Tribunal while considering the case pointed out that "there is an imminent necessity to rejuvenate Konothupuzha and make it pollution free with free flow of water and a joint effort will have to be taken by all stakeholders which the local bodies alone cannot undertake and the State Machineries will have to be involved for proper preparation of action plan and effective coordination of various departments, whose expertise is required for generating common fund and expertise to effectively execute the same. So, under these circumstances, we feel it appropriate to appoint a joint committee comprising of (1) District Collector, Ernakulam (2) State Pollution Control Board (3) Public Works Department (Irrigation, Bridge and Roads) (4) Secretary, District Panchayat, Ernakulam (5) Commissioners of the respective Municipalities and Executive Officers of the respective Grama Panchayat, Secretary of the Municipalities and Grama Panchayats through which the river passes and is being polluted to look into the matter and come with a proper action plan with specific time line to abate the pollution in the Konothupuzha river"
4) As per the direction of the Hon‟ble NGT, the state Govt in its order under G.O.(Rt) No.817/2020/LSGD dated 03.05.2020 has constituted a Joint committee with District Collector, Ernakulam as Chairman and the District level Officers of the departments and the Secretaries of the Municipalities and Grama Panchayats through which the river passes as the members. The following responsibilities are assigned to KSPCB To monitor water quality in different reaches of the river to identify the polluting sources To monitor regularly the quality of effluent discharge to the river from various agencies/firms and to monitor the availability and proper working of STPs.
To periodically monitor the river water quality. Page 65 of 130 Action taken to identify the pollution sources and check water quality The first action to be initiated for the river rejuvenation is to assess the water quality of river before the rejuvenation works so as to verify the improvements in the water quality. Board had conducted two sets of monitoring in the Konothupuzha river. The first set of monitoring conducted on 26.06.2020 and second set on 28.06.2021. The analysis report of the samples shows that the river is contaminated with organic wastes and coliforms. The analysis reports of the samples taken on 28.06.2021 is enclosed herewith and marked as Annexure- 1. The analysis reports show river is polluted with high organic loading The BOD level in the river is above 4mg/lit and also high coliform content is noted in the river which indicates the sewage contamination. The major problems are discharge of sewage into the river and also restriction of flow due to thick growth of water hyacinth. The restriction of flow causes "Eutrophication" in river. The prevention of disposal of solid wastes, discharge of untreated sewage and ensuring minimum environment flow in the river will improve the water quality. The next set of monitoring is scheduled in December 2021. Based on the analysis reports, the polluted stretches where prime importance for rejuvenation of river is required has been identified and direction given to the Local body, Thripunithura Municipality to takeimmediate action to find out the polluting sources and close all the illegal outlets so as to improve the water quality.
The Hon‟ble NGT while disposing the case in OA 673/2018 dated 22.02.2021(case related to rejuvenation of polluted stretches) had directed the states that "The process of rejuvenation of rivers need not be confined to only 351 stretches but may be applicable to all small, medium and big polluted rivers, including those dried up"
Although the river is not included in OA 673/2018, Board has approached the river restoration work of "Konothupuzha River" as done in the rejuvenation of polluted stretches in OA 673/2018.The "Concept and Plan" framed by CPCB for rejuvenating polluted stretches is being followed for the rejuvenation of "Konothupuzha River" also. Based on the analysis reports, Board has identified the river polluted stretches as the average BOD is above 3 mg/lit and can be considered as "Priority V". The identified stretches are informed to the "Thripunthura Municipality" who is the major party in the River Konothupuzha Rejuvenation.The Direction issued to the Thripunithura Municipality is enclosed herewith and marked as Annexure-2.Page 66 of 130
Board has conducting various inspections to identify the sources of pollution. The details are given below:Page 67 of 130 Page 68 of 130
CPCB Guidelines for Management of sanitary waste set provisions to SPCBs/PCCs to allow sale and operation of mini and modular incinerators for disposal of sanitary napkins. Based on this guideline, the Board has conducted trail runs and issued certificate for sale and operation of sanitary napkin incinerators for 5 companies. Also the board has issued letter vide KSPCB/23/2021- SEE2 dated 21.04.2021 to all local bodies, urban and Panchayath directorate regarding the compliance in the Hon‟ble NGT order 237/2020 dated 12.03.2021. A letter was also issued on 12.11.2021 seeking the progress in the implementation of Hon,ble NGT order in 237/2020 to Urban and Panchayath directorate.
5) The Konothupuzha river passes through 5 local bodies, Thripunitura Municipality, Chottanikkara, Mulamthuruthy, Amballur and Udayamperoor Grama Panchayaths.
i. Thripunithura Municipality The major part of the river passes through the Thripunithura Municipality. As per the river monitoring results, it is noted that the river stretch passing through the Municipal area is highly contaminated with organic loading. Board had directed the Municipality to take immediate action to find out all the sources and close the illegal outlet. Also, Board had issued directions to the Municipality for adopting proper solid waste management systems. Thrippunithura Municipality comprises of 49 wards with a population of 92522 and the total no of households are 43620. The total quantity of waste generated is about 38tonnes and processed is 14 TPD. The biological waste collected per day is 4 tonnes/day. For the treatment of biodegradable waste at institutional level the municipality is provided with aerobic composting (Thumboormuzhi model) - 2 bins at 2 locations with capacity 14 units & 18 units and Biogas plant - 1no with100 kg capacity. In community level 1.62TPD of biodegradable waste is managed and 0.124TPD of non-biodegradable waste is managed by Thumbur muzhi model at Anapparambu. For the treatment of biodegradable waste at household level 300 Nos of biogas plant,125 no.s of bio-digester Pot , 2400 Nos. of Bucket Compost and 10000 No.s of Pipe Compost are provided. The Municipality is also disposing the remaining biodegradable waste at Brahmapuram waste processing plant. The Municipality has one MCF, one plastic shredding and bailing unit. As per the latest SWM annual report submitted to the CPCB on 06.09.2021 there are 64 Haritha Karma Sena members working in the Trippunithura municipality. The Board has given direction to the unit for submitting the application for authorization. The Municipality has not submitted application for Authorization till date. The Board had issued notice vide PCB/HO/RULES/ SWM-ERNAKULAM/ 2018 dated 08.02.2021 for levying the environmental Page 69 of 130 compensation on non-compliance of solid waste management rules, 2016. But, no reply is received from the Municipality. Incidents are also noted on the illegal dumping of the solid wastes in the municipal premises and directions are being given to the Secretary in this regard. Board has issued letter on the illegal dumping of solid waste on 04.05.2021. Direction is issued to the Secretary, Thripunithura Municipality to report the status of implementation of the Solid Wastes Management Rules and also action taken to prevent Konothupuzha river pollution. The notice and letter issued are enclosed herewith and marked as Annexure-3 and Annexure-4. As part of State Environmental Action Plan, the municipality has submitted an action plan as given below.
Page 70 of 130 depositing waste. It is also reported that they have sought the advice of Integrated Rural Technology Centre (IRTC), Palakkad, for the safe disposal of solid waste.
iii. Mulanthuruthy Panchayath It is reported as the quantity of non bio degradable waste collected is 80 kg/day.The are having 34 numbers of Haritha Karma Sena members and one material collection centre. They dry waste is collected once in a month from houses, shops and other establishments and handed over to Clean Kerala Company for disposal. Page 71 of 130
iv. Udhayamperoor Panchayath The Panchayath consists of 10022 households and 1586 establishments in 20 wards. The calculated quantity of waste generation based on population is 300kg/day. The panchayath is reported to collect 2.5 - 3T of non- biodegradable waste per month with the help of 26 HKS members. The collection frequency is once in a week. There is one MCF in the panchayath.
v. Amballor Panchayat The total quantity of solid waste generated in the panchayat is 0.06 T/day. Quantity of waste collected per days is 0.0012 t/day. The number of wards is 16 and having 16 Haritha Karma Sena members. The dray waste collected is handed over to Clean Kerala Company for disposal.
Meeting by ACS, LSGD, and CS are conducting regularly for reviewing the progress in the waste management of the above Local Self Government Institutions. All that is stated above are true to the best of my knowledge information and belief. Dated this 16thday of December 2021"
47. Thereafter, this Tribunal had passed the following order:-
"It is seen from the report submitted by the District Collector that they have identified 21 encroachments in Tripunithura Municipality, 14 in Udayamperoor, 3 in Mulanthuruthy and one each in Amballoor and Chottanikkara Panchayaths. Of these 4 encroachments at Tripunithura Municipality and one encroachment at Chottanikkara Panchayath have been completely removed.
As regards poor families living in the puzha puramboke in Udayamperoor and Mulanthuruthy Panchayats could not be evicted without rehabilitation and this will require funding from the Government. It is also mentioned in the report that 4 encroachers in Tripunithura Municipality have filed Writ Petition before the Hon‟ble High Court of Kerala against the eviction order of the Municipal Secretary and in two of them stay orders have been obtained. An estimate of 50 lakh has been prepared and submitted to the Government by Tripunithura Municipality for the demolition of encroachments including flats which is pending with the Government. Certain steps have been taken by Amballoor Grama Panchayat to avoid dumping of waste and also discharge of sewage into the river. Surveillance cameras have been installed at Chottanikkara Gram Panchayat to detect direct discharge of waste into the river and steps are being taken to install the cameras on other local self Government institutions as well. Certain penal measures have been taken by Tripunithura Municipality against the persons who are dumping waste in the river.
It is also mentioned in the report submitted by the District Collector who is Page 72 of 130 also the Chairman of the Joint Committee appointed by the Government that certain proposals are pending with the Government and as soon as funds are received, they may be able to execute the same. The Government is directed to look into the issue and take necessary steps to provide sufficient fund for implementing the recommendation of the Joint Committee to protect Konothupuzha River.
It is mentioned in the report that the major problem is of discharge of sewage into river and also restriction of flow due to thick growth of water hyacinth. It is also mentioned that restriction of water flow causes "Eutrophication" in the river and if it is allowed to continue, it is likely to affect the flora and fauna of the riverine ecology.
As regards the removal of hyacinths are concerned, there is a duty cast on the authorities who are expected to maintain the water bodies to clean the same periodically so to avoid growth of such plants/weeds in the river. Further, mechanism must also be found out as to whether this can be used as a resource for utilising the same in a profitable manner. The Government will have to evolve a policy on this and take steps to improve the system. Further, permanent solution to prevent discharge of sewage into water bodies is to provide underground sewage system in the State and action will have to be taken by the Government to implement the same and once this system is evolved connecting the sewage collected through the underground sewage system to STPs and treat the same to prescribed norms before it is discharged into the water bodies, permanent solution can be possible for only if such an arrangement is made. The Government also will have to evolve the system for this, in consultation with the stakeholder Departments and evolve action plan to implement the same within a short time frame instead of seeking longer timeline for implementing the same. It is also seen from the report that Taluk Head Quarters Hospital, Thripunithura is also contributing to the untreated sewage being let into the Andhakara Thodu, which ultimately joins Konothupuzha. It is also mentioned in the report that they have not established any sewage treatment plant for treating the waste water before it is being discharged into water body. When such a pathetic condition was brought out in respect of kalamassery Medical College Hospital, certain directions have been issued by this Tribunal and some steps have been taken by the Government in this regard. Government Hospitals and Government institutions must be models for taking eco-friendly measures for protecting the water bodies. If Government Department themselves are not able to fulfil the constitutional obligation of protecting the environment, there is no meaning in Government directing the citizens of the State to follow the same. The Principal Secretary for Health is directed to look into the issue and take immediate steps to resolve the same so as to avoid penal consequences being imposed for non-implementation of the environmental laws in the health care Page 73 of 130 units which are supposed to be kept hygiene for the purpose of protecting the health of the people.
Pollution Control Board is also directed to take appropriate action against those persons who are not complying with the direction issued by them in accordance with law and submit the further action taken report to this Tribunal before the next hearing date.
It is also seen from the reports that certain irregularities were found in the market area of Thripunithura Municipality where none of the waste management systems are properly implemented including the maintenance of slaughter house operating in that area. The Thripunithura Municipality is also directed to take appropriate steps to implement the direction issued by the Pollution Control Board in its letter and spirit so as to improve the hygine system in Thripunithura Municipality and make it a model Municipality for implementation of waste management rules and implementing the scheme of the State Government, namely „Garbage Free Keralam‟ and „Malinya Mukta Keralam‟.
The Chief Secretary and the Principal Secretary for Environment, Principal Secretary for Health and Principal Secretary for Local Administration are directed to look into those issues personally and come with a proper action plan for resolving such issues not only in respect of protection of Konothupuzha River but also all water bodies in Kerala as Kerala is supposed to be one of the States having more numbers of water bodies and rivers.
They are directed to submit the reports to this Tribunal on or before 06.01.2022 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 if e-filing is not possible then by e-mail and also by producing hard copies.
The Registry is directed to communicate this order to official respondents and also to Chief Secretary, Principal Secretary for Environment, Principal Secretary for Health and Principal Secretary for Local Bodies for their information and compliance of the direction.
District Collector, Pollution Control Board and Local Bodies are also directed to submit their further independent report of further action taken by them to resolve the issue on the basis of the recommendations given by the Joint Committee to save Konothupuzha River from pollution and encroachments before the next hearing date. Registry is directed to communicate this order to the above officials as well by e-mail immediately for information and compliance of the directions of the Tribunal. " Page 74 of 130
48. The case was posted to 06.01.2022 for consideration of further progress cum action taken report. Thereafter, the matter has been adjourned from time to time by successive notifications. The matter was taken up on 02.03.2022, on that day this Tribunal had considered the order passed on 20.12.2021 and extracted in Para (1) of the order and then considered the report filed by the 2nd respondent in the form of an affidavit dated 04.01.2022 and e-filed on 05.01.2022 and extracted in Para (3) of the order which reads as follows:-
Page 75 of 130
49. This Tribunal also considered the report submitted by the Additional Chief Secretary for Environment dated Nil, e-filed on 17.02.2022 and extracted in Para (4) of the order which reads as follows:- Page 76 of 130 Page 77 of 130 Page 78 of 130 Page 79 of 130 Page 80 of 130 Page 81 of 130 Page 82 of 130 Page 83 of 130 Page 84 of 130 Page 85 of 130 Page 86 of 130 Page 87 of 130 Page 88 of 130
50. This Tribunal also considered the report submitted by the District Collector, Ernakulam District dated 14.12,2021, e-filed on 07.02.2022 and extracted in Para (6) of the order which reads as follows:- Page 89 of 130 Page 90 of 130 Page 91 of 130 Page 92 of 130 Page 93 of 130 Page 94 of 130
51. Thereafter, this Tribunal had passed the following order:-
"7. It is seen from report submitted by the Additional Chief Secretary for Environment that certain steps have been taken but those steps do not appear to be sufficient to meet the requirements of Solid Waste Management Rules, 2016. It is also seen from the report that against certain violators, certain notices have been issued but what the further action taken pursuant to the show-cause notice by the Pollution Control Board is also not clear from the report.
8. In respect of diapers and sanitary pads, though it was mentioned that some steps were taken, it is not known how far it has been implemented as it was categorically admitted in the report submitted by Additional Chief Secretary that it is not being collected. There was some arrangements that they propose to take but however, whether it is implemented is also not clear. Further large scale encroachments were found within the jurisdiction of Thripunithura Municipality which are responsible for causing pollution to Konothupuzha River and it was mentioned that they will be taking action under the Kerala Land Conservancy Act, 1957 but what is the nature of action taken is not clear. There are lot of things to be done for which DPR have been obtained and it is not known as to whether those DPR have been approved and work orders have been given.
9. District Collector‟s report shows only what was stated by the action taken report submitted by the Additional Chief Secretary for Environment. As regards the STP is concerned, it was found to be operational in respect of Thripunithura Municipality. As regards certain violations committed by the Apartments certain show cause notices have been issued but what is the nature of further action taken is not clear.
10. Out of 21 encroachments found in Thripunithura Municipality 14 in Udayamperoor, 3 in Mulanthuruthy one each in Amballoor and Chottanikkara Panchayat, four such in Thripunithura Municipality, one in Chottanikkara have been completely evicted. As regards other, they propose to rehabilitate those people Page 95 of 130 and certain Writ Petitions have been filed before the Hon‟ble High Court of Kerala by some encroachers and stay order have been obtained and as regards others it is not clear whether any further action has been taken in this regard.
11. The Pollution Control Board and the Thripunithura Municipality have not filed their further progress report as directed by this Tribunal.
12. Learned Counsel appearing for the applicant also wanted some time to make their observations regarding the action taken.
13. Additional Chief Secretary for Environment, the District Collector, Ernakulum, and other local bodies within whose jurisdiction the Konothupuzha River flows are also directed to file their further action taken cum progress report regarding the implementation of the recommendations made by the Joint Committee appointed by the Government in this regard and the improvement in the water quality in Konothupuzha River on account of steps, if any, taken by them and if there is any gap, then Additional Chief Secretary for Environment is directed to look into the issues in consultation with Chief Secretary and take appropriate steps to implement the same in its letter and spirit to see that Konothupuzha River has become pollution free. It is also to be noted that as for the time being all over India only 122 polluted river stretches are there and they are expected to restore them and not expected to increase the number of polluted stretches. The State Governments are expected to maintain the rivers and the water bodies within their State without pollution as right to get clean environment as part of Right to Life is a right guaranteed under Article 21 of Constitution of India.
14. Most of the recommendations are relating to the direction given by the Principal Bench in respect of polluted river stretches including the river stretches in Kerala. As far as Kerala is concerned, as per those reports severely polluted river stretches are very less. But the individual report in respect of each area coming before this Tribunal shows that they are also reaching that stage because of non- implementation of Solid Waste Management Rules, 2016 and also non- maintenance of the rivers by the authorities who are expected to take care of the safety of the rivers.
15. They are directed to submit the respective reports to this Tribunal on or before 28.04.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
16. The Registry is directed to communicate this order to the members of the Committee, State Pollution Control Board and to the Chief Secretary, Additional Chief Secretary for Environment, Irrigation, Public Works Department and Local Administration by e-mail immediately for their information and for filing their action cum progress report without delay.
17. The applicant is also at liberty to file their objections to the reports already filed, giving their suggestions for bettering the situation in that area so that can be directed to be considered by the Joint Committee appointed by the Government in this regard.Page 96 of 130
52. The case was posted to 28.04.2022 for consideration of further action taken cum progress report. On 28.04.2022, this Tribunal considered the report submitted by the Kerala State Pollution Control Board dated 27.04.2022,e-filed on the same date and extracted in Para (3) of the order which reads as follows:-
REPORT FILED BY THE ENVIRONMENTAL ENGINEER, KERALA STATEPOLLUTION CONTROL BOARD,DISTRICT OFFICE-1 ERNAKULAM FORAND ON BEHALF OF KERALA STATE POLLUTION CONTROL BOARD Report filed by Smt. P. B. Sreelakshmy, W/o. J. S. Sajeev Kumar, aged 39 years, now working as Environmental Engineer, Kerala State Pollution Control Board (hereinafter referred to as Board), District Office-I, Ernakulam, Addl. 5th respondent in the above Writ Petition, as directed bythis Hon‟ble Court.
It is respectfully submitted the river "Konothupuzha" runs in North- South direction passing through the areas comprising Udayamperoor, Amballoor, Mulamthuruthy, Chottanikkara Grama Panchayath and Tripunithura Municipality in Ernakulam District. The total length of this river is 17 km starting from Vettuvelikkadavu at Irumpanam and ends at Puthenkavu in Udayamperoor. North end starts from Chambakkara canal and in South it discharges into the Vembanadu back water through Poothotta Kayal.
It is respectfully submitted that the Board had reported the Hon‟ble Tribunal on the actions taken for the rejuvenation of Konothupuzha River. The Board had inspected the STPs/ETPs located in the banks of river and taken action against the violators. The Hon‟ble NGT considered the case on 05.03.2022and directed KSPCB to file their further progress report. The progress on the Board‟s action is given below.
The main responsibility assigned to the Board is for conducting periodical River monitoring to assess the river quality, to inspect industries, apartments, other establishments to verify whether the STPs and ETPs installed in various establishments are complying standards and also ensure that no untreated waste water is being discharged to the river. This officehad inspected many units and actions being taken against the violators. The Board is conducting periodical inspections in the unit to ensure that no untreated sewage effluent is being discharged to the river.Page 97 of 130
Action taken against the discharge of untreated sewage/effluent Sl.no Name of Actions Taken Current Status as On Establishment 20.04.2022 1 Valy Heights Letter issued on 22.12.21, STP rectified, Sample Apartments, directing to rectify the collected and submitted Thripunithura. defects of STP and to application for Board‟s submit application for consent to operate.
board‟sconsent.
2 Archives Vittoria, Letter issued on Apartment requested four
Vicenza Owners. 22.12.21, directing to months‟ time for obtaining
submit application for consent. Board not considered
Board‟s consent. their request
and asked to submit
application within 15 days.
Direction not complied, show
case notice issued on
16.03.2022
3 Car Wash, Closure Now ETP plant is
refinery road, direction constructed and obtained
Nadama. issued on 23.10.21 Board‟s consent. Complied
also issued direction to
Thripunithura
Municipality
forcancelling
the license
issued.
Page 98 of 130
4. Govt Letter issued to The Hospital had not
Hospital hospital authorities on replied to Board‟s directions ,Thripunithura 25.10.21, directing for till date. Letter issued to obtaining Board‟s Thripunithura Municipality consent and to install informing to issue treatment system. directions to the Hospital authorities for installing the treatment systems.
5. Confident Inspected the STP and STP working have Bellatrix Samples collected validconsent
6. Choice Paradise Direction was issued to The Board had allowed the augment the Sewage apartment to rectify the Treatment Plant. The defects of STP. But, even apartment after the augmentation of ha STP, The discharge d augmented the STP, standards not complying.
but not operating The treated water samples
effectively continuously failed tomeet
the standards. The Board
conducted enquiry on
14.03.2022, collected
samples complying legal
procedures. Requested
sanction from the Board for
filing case against the
apartment. Sanction
awaited.
Lega
l proceedings will be
initiated immediately after
obtaining sanction
Page 99 of 130
7. Tripunithura Letter issued to Board had noted that the
Market Tripunithura slaughter house operating
Municipality inside the Market does not
have treatment facility and
the entire effluent were
discharged to the drain.
Board had issued directions
to the Municipality in this
regard. Inspected the
market again on 10.03.2022
with Thripunithura
municipality officials and
noted that the slaughter
house is closed and
presently discharge
stopped. The Municipality
is proposing to install full
fledge ETP in the slaughter
house. TheBoard had issued
instructions to the
Municipality on the
treatment units required to
treat the effluent generated.
8. SFS The STP STP working and have
Kingdo found valid consent to operate
mApartment operational. Samples
collected
9. Heera life style, Letter issued STP rectified and applied
Thripunithura on25.06.2021 for Board‟s consent
for
obtaining
Board‟
sconsent.
Page 100 of 130
10. Service station at Closure ETP plant constructed and
Tripunithura directio obtained Board‟s Consent.
owned n issued for not Directions Complied
b installing ETP and
y operating without
Karthikeyan M. N
Board‟s
consent
11. NSD Letter issued STP working have
Triump on25.06.2021 validconsent
,Irumpanam. for
obtaining
Board‟
sconsent.
12. Popular Letter issued on ETP is operational and
Hyunda 25.06.2021 obtained Board‟s consent to
iService Centre fo operate
r
obtaining Board‟s
consent and samples
collected.
13. Vineyard Inspected the unit on Direction issued on
Meadows, 10.03.2022, working of 16.03.2021 to obtain Board‟s
Thripunithura STP is not satisfactory consent and operate the
and novalid consent STP effectively.
14 Petro Palace Inspected on 19.04.2022.
Apartment STP operational.
ii) Action taken against the sale of banned single use plastics. The major part of Konothupuha is passing through the Thripunithura municipality. As per the river samples analysis reports, the river stretch passing through municipal area is identified as polluted stretch. Solid waste dumping is noted in river banks and water bodies. Hence, stringent actions shall be taken to restrict the usage of single use plastics (SUP). As a part of restricting Page 101 of 130 the usage of SUP, the Board had conducted joint inspection with the officials of Thripunithura Municipality and inspected the major shops and commercial complexes on 10.03.2022. The action taken by the squad isgiven below. The team inspected 12 major shops in the municipal area. The Board andthe Tripunithura municipality issued notice to the violators who are engaged in the storage and sale of banned plastic items. The municipal authorities also imposed fine against the violators. The details as follows.
Sl.no Name of Establishment Actions Taken
1. New Big bazaar, Tripunithura
2. Fashion Point, Thripunithura Notice issued to the
3. Shalimar, Tripunithura shops for the storage
and sale of single use
4. Seemas Wedding collection,
plastics
Tripunithura
5. Jo Traders, Thripunithura
This office will conduct further inspections in this regard and take legal action against the violators. The Board will proceed with joint inspection with the municipality to have an effective and fruitful result in control of solid waste and waste water disposal to river.
ii) Action to assess river water quality Board had conducted river monitoring on 13.04.2022. The water samples collected from 7 stations. The previous sampling analysis reports show that the river is affected with organic load and coliform content.
iii) Action taken on implementation of Solid Waste Management Rules 2016 Show cause notice was issued to the Thripunithura municipality for an environmental compensation of Rs.378.46 lakhs from 9.04.2019 to 31.12.2020 for 663 days as they were not fully complying SWM Rules, 2016. Hearing was conducted on 15.02.2022 and it was found that door to door collection exist for 70% households and there is no adequate material recovery facility, plastic waste recycling facility, composting, RDF, Construction and demolition facility. Hence direction was issued on 29.03.2022 for remitting Environmental Compensation. Copy of the direction is produced herewith and marked as Annexure 1.
Page 102 of 130
It is respectfully submitted that the Board will continuously monitor the operation of STPs/ETPs located in the banks of the river and on the management of solid wastes. Legal proceedings including filing case against the violators and levy of environment compensation will be initiated against the defaulters. The Board will do all necessary follow up in this regard. All the stated above is true to the best of my knowledge information and belief.
Dated this the 27th April 2022"
53. Thereafter, this Tribunal had passed the following order:-
"5. The learned counsel appearing for the first respondent/Tirupunithura municipality submitted that they have also filed a report, but no such report is seen filed on record and they are directed to verify from the office and to file the report.
6. As regards, the rehabilitation of persons encroached are concerned, there is no time limit provided within which they will finalise the rehabilitation process and remove the encroachment.
7. The Hon‟ble Apex Court and various High Courts and this Tribunal also heavily come against the authorities for not taking any steps to remove the encroachment, but wanted to protect the encroachers by providing alternate accommodation. Sometimes sympathy will be misplaced and that will be a huddle for protecting environment. If they have a policy to protect encroachers by providing settlement, that also will have to be quickly implemented in a time bound manner so that the water bodies can be saved from encroachment that is the mandate under Article 48 (A) of the Constitution of India which the State authorities are expected to follow.
8. The Chief Secretary, State of Kerala, the Additional Chief Secretary for Environment Department, State of Kerala and the Secretary for Urban Development Department, State of Kerala are also directed to consider that question of providing Underground Sewage System (UGSS) in the State of Kerala, so as to meet the situation of discharge of sewage into the storm water drains by making provision for providing licence to connect and collecting user free for that purpose from the residents and also to provide number of Sewage Treatment Plants (STPs) required for the purpose of treating the sewage water before it is being let into the water bodies.
9. The above officials are directed to file the respective reports to this Tribunal on or before 02.05.2022 by e-filing in the form of searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules and on that day, this Tribunal will be considering this aspect and pass appropriate orders on the basis of material Page 103 of 130 available on record as it is very difficult to monitor such issues which the State instrumentality will have to carry out perpetually.
10. The Registry is directed to communicate this order to the official respondents including the Secretaries of Municipalities who are parties in this case, District Collector - Ernakulam District, the Additional Chief Secretary to Government - Environment Department, the Additional Chief Secretary to Government - Local Self Government, the Director - Urban Affairs Department, the Commissioner - Rural Development Department and also the Chief Secretary, State of Kerala for their information and also compliance of direction.
54. The case was posted to 02.05.2022 for consideration of further report and also for hearing. On 02.05.2022, this Tribunal had considered the report filed by the first respondent in the form of an affidavit on 13.04.2022, e-filed on 29.04.2022 and extracted in Para (3) of the order wherein they further explained the steps taken by them and action taken to prevent pollution being caused to the Konothupuzha River within their jurisdiction.
55. Thereafter the matter has been adjourned to 04.05.2022 for consideration of further report and also for hearing. On 04.05.2022, this Tribunal heard the counsel appearing for the applicant and the respondents.
56. The counsel appearing for the applicant had submitted a written submission and also argued that still there were encroachments on the side of the Konothupuzha River and the photographs produced along with the written submission will go to show the pathetic condition of the river. In spite of several directions issued by this Tribunal, there was no much improvement happened in the rejuvenation of the Konothupuzha river. The authorities, who are expected to take action Page 104 of 130 for removal of encroachment and to prevent discharge of untreated sewage into the water body or maintaining the water body and the bridges/sluices already constructed to regulate the water flow in the river, are not taking action for making the river clean and pollution free.
57. The major portion of the river passes through Thripunithura Municipality and they have not conducted the survey in respect of the entire stretch and there are still encroachments exist. There are encroachments into the river by making constructions by Thripunithura Municipality and the Government departments and on account of those constructions the width of the river has been reduced.
58. Further, there are large scale dumping of waste and discharge of sewage happening even now and no effective steps have been taken by the Thripunithura Municpality to prevent the same. The directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 were also not properly implemented in the municipality and no effective steps have been taken by the regulators. Unless there is a proper scheme framed by the Government and regular monitoring system has been provided at each level, the implementation of the directions issued by this Tribunal will not be of any use and whatever action taken as reported by the authorities are only on paper and in reality no improvement on ground has taken place to protect the river. So, they prayed for passing appropriate orders giving appropriate directions in a holistic manner to protect Konothupuzha river against encroachment and pollution with the Page 105 of 130 proper supervisory mechanism at each level by different committees to be supervised by the Chief Secretary, State of Kerala, then only the efforts taken by the Tribunal so far will come to a reality.
59. The counsel appearing for the Kerala State Pollution Control Board submitted that they have taken necessary action against the local bodies by imposing environmental compensation in compliance with the direction issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018. Further they have are monitoring the implementation and whenever gaps are found, they are giving necessary instructions to rectify the same and if not rectified, they are taking action against them as well. They will abide by any further directions issued by this Tribunal in this regard.
60. The learned counsel also submitted that they have taken action against the persons who are illegally discharging untreated sewage into the river by issuing notice and also imposing penalty/compensation.
61. The learned counsel appearing for the first respondent submitted that they have taken all the steps and they will be taking further steps in compliance with the directions issued by this Tribunal to protect the Konothupuzha river free from pollution and encroachment. They have already removed certain encroachment and certain steps are being taken for the purpose of remaining encroachments by reallocating them. Certain persons approached the Hon‟ble High Court of Kerala and obtained stay order and due to the pendency of the litigation before the Hon‟ble High Court, they could not take action Page 106 of 130 against those persons who have obtained stay order from the Hon‟ble High Court of Kerala and they will be taking steps to vacate the stay order and get disposal of the Writ Petition at the earliest and get then take appropriate action in accordance with law.
62. The learned counsel appearing for the second respondent/ Ambaloor Grama Panchayah and 4th respondent/Mulanthuruthy Grama Panchayath submitted that they are taking all necessary steps to remove the encroachments and in some cases certain rehabilitation will have to be provided as they belong to below the poverty line and steps are being taken to provide accommodation under the „LIFE SCHEME‟ launched by the Government. They will also comply with the directions issued by this Tribunal and they are strictly following the Solid Waste Management Rules, 2016 in their Panchayaths.
63. The counsel appearing for the 3rd respondent/Chotanikara Grama Panchayath also submitted that they are taking all necessary steps to prevent dumping of waste, garbage and discharge of untreated sewage into the river and they are strictly complying with the directions issued by the committee appointed by the Government in this regard and they will co-operate with the committee and also complying with the directions, if any, issued by this Tribunal to protect the water body against the encroachment and pollution.
64. The learned counsel appearing for State of Kerala and the State Departments submitted that they are taking all necessary steps to remove the encroachments and clean the water body and to provide Page 107 of 130 all the mechanism to protect the water body free from pollution and an encroachment and the steps are being taken for removal of encroachments and monitoring is being done through the State machineries for implementation of the directions issued by this Tribunal and the Joint Committee appointed by the Government to implement the scheme evolved by them to protect Knonothupuzha river.
65. The learned counsel appearing for the 5th respondent/Udayamperoor Grama Panchayath also submitted in tune with the submissions made by the other respondent regarding the steps taken by them for removal of encroachments and preventing dumping of garbage and discharging of untreated sewage into the water body from their side. The learned counsel appearing for the 5th respondent also submitted that they will abide by any directions issued by this Tribunal.
66. The points that arise for consideration are:-
i. Whether the Konothupuzha River requires rejuvenation scheme for its betterment, so as to protect the environment?
ii. What is the nature of directions that can be issued by the Tribunal to the respective State departments for the purpose of protecting the Konothupuzha river against pollution and encroachment?
iii. Relief and cost.
Page 108 of 130 Points:
67. The grievance in this application is that a river by name „Konothupuzha which is passing through the four Grama Panchayaths, namely, Ambaloor Grama Panchayath, Chotanikkara Grama Panchayath, Mulanthuruthy Grama Panchayath and Udayamperoor Grama Panchayath and one Municipality, namely, Thripunithura Municipality for a distance about 17 K.M. which is being polluted due to some illegal activities.
68. According to the applicant, it was having a width of 30 m to 90 m at various places, but due to unscientific constructions of bridges/sluices cum regulators, the width of the river has been reduced which has affected the flow of water.
69. Further large scale dumping of domestic waste generated in that area and discharge of untreated sewage into the river is being done by the residents and the business establishments which are situated by the side of the river as resulted in contamination of water in the river.
70. According to the applicant, the water in the river was used for irrigation purposes and navigation was also done through this river in olden days. Further sand bunds were constructed during summer season to avoid intrusion of saline water to affect the water quality. But during rainy season, this is not being removed thereby it has affected the free flow of water.
Page 109 of 130
71. Further there is no proper maintenance of sluice of the regulator by the Public Works Department (PWD) and there was no maintenance being done to them and there was no proper de-silting and removal of weeds that is being grown in the river which also causes obstruction to the free flow of water apart from affecting the water quality as well. On account of the pollution that has been caused, the water cannot be used for any purpose.
72. Further fishes were also not properly growing thereby the fishing activity that is being undertaken by the people in the locality has been affected. Apart from these things, there were large scale encroachment in the river bed and the constructions have been made without providing necessary buffer zone from the river that also caused a lot of ecological imbalance in the riverine ecology. Though complaints were made to the authorities, no action was taken in this regard.
73. The official respondents have filed their counter affidavit including the local bodies which were situated by the side of the river, denying the allegations and the steps taken by them to protect the water body within their area through which it passes. They have also mentioned that they are strictly implementing the Solid Waste Management Rules, 2016 and wherever non-compliances were noted they used to take appropriate action.
74. The reply affidavit filed by the Kerala State Pollution Control Board during 2017, showed that there were large quantity of waste which includes both solid and liquid were reaching Konothupuzha river Page 110 of 130 directly and through the canals and streams joining the river. Large numbers of sewage outlets were opened directly into the Konothupuzha river. Unauthorised dumping of septage to the river also complained by the local people and they were satisfied about the complaints made by the local people on the basis of the analysis report of water samples taken.
75. On the basis of the inspection findings, necessary directions had been issued by their proceedings dated 12.03.2018. They have also opined that a separate action plan and a detailed estimate to be prepared after the detailed study conducted for restoration of the river system.
76. This Tribunal had appointed a Joint Committee referred to above to inspect the area in question and submit a report. This Tribunal also called for a report from the Chairman, State Level Monitoring Committee (SLMC) appointed by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 and Justice. A.V. Ramakrishna Pillai, Former Judge, High Court of Kerala, Chairman of State Level Monitoring Committee, Kerala has filed a report which was extracted by the Tribunal in the order dated 10.08.2020 and as such we are not repeating the same. This gives the clear picture of the status of the river and the remedial measures to be taken and lot of violations of Solid Waste Management Rules, 2016 including discharge of untreated sewage were noticed in several places and they have also identified certain apartments which are directly discharging untreated sewage into the river.
Page 111 of 130
77. It is also mentioned in the report that there were lot of non-compliance of the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 by the Tripunithura Municipality and some of the local bodies and certain suggestions were given for remedy the situation including certain action to be taken by the State Irrigation Department.
78. This Tribunal by order dated 10.08.2020 directed the local bodies and the Irrigation Department to implement the suggestions given by the State Level Monitoring Committee. The Kerala State Pollution Control Board was also directed to file an independent report regarding the steps taken by them for strict implementations of Solid Waste Management Rules, 2016 in the local bodies.
79. The District Collector, Ernakulam District also directed to file an independent report regarding this aspect. The various departments have filed their compliance reports which were considered by the Tribunal by order dated 15.02.2021. This Tribunal also directed the District Collector, Ernakulam District to convene the meeting of the Chairman of the local bodies in the District so as to appraise their responsibility of implementing Solid Waste Management Rules, 2016 in its letter and spirit and provide all facilities, if any, required from his side to implement the same in an effective manner with sole object of protecting environment.
Page 112 of 130
80. This Tribunal also expressed its concern about the health stating that „If health is lost everything is lost‟ and any amount of wealth that has been accumulated by doing development activities will be at no use, if health of the people is not protected.
81. This Tribunal also directed the Members of the Joint Committee, District Collector, Ernakulam District, Secretaries of the local bodies, Chief Secretary, State of Kerala and the Principal Secretary for local administration also to give their action taken reports to resolve the issue permanently.
82. On 04.06.2021, this Tribunal had considered the slogan for the year by UN Assembly for „UN Decade 2021-30‟ is „ecosystem restoration‟ which includes the rejuvenation of degraded water bodies like Konothupuzha River as well. This theme of the United Nation is much concerned about the global warming and improvement of environment conditions. India being signatory to the conventions, the Government also has to bestow their attention to see that pro-active role will have to be taken by them in order to protect environment and this Tribunal itself has been constituted as part of discharging this onerous duty of protecting environment.
83. This Tribunal also reiterated the responsibility of the State authorities to protect environment as contemplated under Article 48(A) of the Constitution of India and also discharge their fundamental duties of protecting environment as envisaged under Article 51A(g) of Constitution of India.
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84. The report of the District Collector, Ernakulam District e-filed on 08.07.2021 revealed that on the basis of the directions of this Tribunal, a committee was formed to deal with the rejuvenation of the Konothupuzha river consisting of the District Collector, Ernakulam District, Kerala State Pollution Control Board, Public Works Department (Irrigation, Bridge and Roads) the Secretary, District Panchayath, Ernakulam District and the Commissioners of the respective Municipalities and Panchayaths. A sub committee was formed to prepare a detailed action plan with Executive Engineer, Minor Irrigation Division as convener, the Executive Engineer, Kerala State Pollution Control Board, Kadavanthra, Ernakulam District, Secretary - Tripunithura Municipality, Secretary - Udayamperoor Grama Panchayath, Secretary - Mulanthuruthy Grama Panchayath and Thasildhar (LR) Kanayannur as member and the proposal was sent to the Government to include the subcommittee in the Joint Committee appointed as per G.O (Rt) No. 817/2020/LSGD/dated: 03.05.2020.
85. It is seen from this that certain action plan has been evolved regarding the things to be done by the each department to protect the water body. It is also seen from the report that the Executive Engineer, Minor Irrigation Divison has formulated an action plan for the rejuvenation of the Konothupuzha river and the derailed project report for rejuvenation of the Knonothupuzha river at an estimate of Rs. 20.80 crores and that was pending with the Government. Page 114 of 130
86. The report of the Kerala State Pollution Control Board showed that the Solid Waste Management Rules, 2016 were not properly implemented in Thripunithura Municipality and they had levied a compensation of Rs. 378.45 lakhs for a period of 09.04.2019 to 31.12.2020 on the basis of the directions of the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 and a show cause notice has been issued in this regard.
87. As regards the other local bodies are concerned, the report of the Kerala State Pollution Control Board shows that they have to some extent following the Solid Waste Management Rules, 2016. In Chotanikkara Grama Panchayath they have installed cameras near the river bank, major junctions and water bodies where there are possibilities of disposing the waste. Some of the local bodies were not strictly complying with the rules of collection, segregation and disposal on the daily basis as mentioned in the rules.
88. They have also noted certain establishments which were discharging the untreated sewage into the water body directly and as against certain units, necessary directions have been issued and as against certain units, closure directions have been issued.
89. It is also mentioned in the report that the water analysis report shows the presence of value Total coli form including faecal coli form and colour in excess of the standard provided. The value of dissolved Oxygen was found to be below deductable level and they have come to the conclusion that this was due to mixing of sewage in the river. Page 115 of 130
90. This Tribunal also considered the various reports which were extracted in different orders regarding the steps taken by each local body and the regulators in protecting the water body against pollution and encroachment.
91. This Tribunal also observed that the local bodies cannot shirk their responsibility of collection of solid waste both wet and dry and that cannot relegated to the residents to be carried out and this Tribunal also expressed displeasure in the manner which the Solid Waste Management Rules, 2016 are being implemented in Tripunithura Municipality and also some other local bodies and directed the higher authorities to look into the issue and submit a report.
92. On the basis of the directions issued by this Tribunal, the District Collector, Ernakulam District has filed a report sent through post dated 10.12.2018 and received on 16.12.2021 which was extracted in Para (3) of the order dated 20.12.2021 wherein they have explained the nature of action taken from their side.
93. The Kerala State Pollution Control Board also filed a detailed report on that day regarding the steps taken by them against the Institutions which were not complying with the directions and discharging the untreated sewage into the river. They have also mentioned about the pathetic condition of the Taluk Head Quarter Hospital, Thripunithura without having any sewage treatment plant discharging untreated sewage into the canal and this Tribunal had directed the Principal Page 116 of 130 Secretary for Health to look into the issue and to take appropriate steps to remedy to the situation.
94. This Tribunal also directed the Chief Secretary, State of Kerala and the Chief Secretary for Environment, Principal Secretary for Health, Principal Secretaries for local bodies and Public Works Department to look into the issue and come with the proper plan for remedy the situation. The Assistant Secretary for Environment has filed a action taken report dated Nil, e-filed on 17.02.2022 which was considered by this Tribunal in the order dated 02.03.2022 mentioning the nature of steps taken by them in this regard. They have also relied on the order of the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 673 of 2018 in relating to the polluted river stretches in the Country and they are complying with the directions of the Principal Bench of National Green Tribunal in that case.
95. They have further mentioned that though Konothupuzha river is not included in O.A. No. 673 of 2018, on the basis of the report submitted by the Kerala State Pollution Control Board for river restoration work of Konothupuzha river, the concept and the plan framed by the Central Pollution Control Board for rejuvenating the polluted stretches are being followed for rejuvenation of Knonothupuzha river as well. The directions have been issued to the Tripunithura Municipality to take steps for protecting the water body as major portion of the water body flow within their jurisdiction. They have also given certain directions to the Chairman of the Joint Committee appointed by the Page 117 of 130 Government in this regard to review the situation and to take necessary steps.
96. They have also mentioned about the steps taken by them for improving the conditions of waste management in the hospitals situated in that area. Though subsequent reports were also filed there was some improvement, but cannot be said to be up to the mark or as expected by the Tribunal in protecting the environment. Since the various reports filed by the various departments have been repeatedly discussed by the Tribunal, the same are not repeated again in the subsequent paragraphs.
97. It is an admitted fact that there was a large scale pollution caused to the Konothupuzha River which requires immediate attention. One cannot expect that the river stretches will have to reach the critically polluted stretch so as to take steps for rejuvenation. The protection of environment is highly necessary for the purpose of providing clean health for the subject of the State which is a primary responsibility of the State.
98. Further it has been reiterated by the Hon‟ble Apex Court in Jagpal Singh & Others Vs. State of Punjab & Others Civil Appeal No. 1132/2011 wherein the Hon‟ble Apex Court had reiterated the responsibility of the local bodies to remove the encroachments and also avoid pollution being caused to the water bodies. In this case it has been observed as follows:-
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"17.In this connection we wish to say that our ancestors were not fools. They knew that in certain years there may be droughts or water shortages for some other reason and water was also required for cattle to drink and bathe in etc., Hence they built a pond attached to very village, a tank attached to every temple, etc., These were their traditional rain water harvesting methods, which served them for thousands of years.
18. Over the last few decades, however, most of these ponds in our country have been with earth and built by greedy people, thus destroying their original character. This has contributed to the water shortages in the country."
99. The Hon‟ble Supreme Court had also given directions to all the State Governments to take appropriate steps to remove encroachments from the water bodies and protect the water bodies against encroachments and pollution. The same view has been reiterated by the Hon‟ble Apex Court in the decision reported in Hinch Lal Tiwari Vs. Kamala Devi, 2001 (6) SCC 496 and also reiterated the same since long time by the Hon‟ble Apex Court in Kesavananda Bharati Vs. State of Kerala reported in 1973 AIR 4 SC 1461, Animal And Environment Legal Defence Fund vs. Union Of India And Ors reported in 1997 (3) SCC 549 and M.C. Mehta vs. Union Of India And Ors reported in 1997 (3) SCC
715.
100. The Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 while evaluating the implementations of Solid Waste Management Rules, 2016 on Pan India Basis observed that the solid waste generated in the areas were not properly disposed and that is being dumped without proper scientific disposal which results in great health hazards to the people and every state is expected to strictly implement the provisions of Solid Waste Management Rules, 2016 and Page 119 of 130 the Liquid Waste Management in the respective local bodies. In one of the orders in the Hon‟ble Apex Court also heavily come on State of Kerala for the unsatisfactory manner in which the Solid Waste Management Rules, 2016 has been implemented in the State.
101. It is also well settled law that no one is entitled to encroach into the water body and reduce its width and the Government authorities are also expected to maintain the water bodies against pollution and encroachment as water bodies plays a great role in protecting environment.
102. Further, in one of the decisions dealing with Railway Land encroachment, the Hon‟ble Apex Court in Utran Se Besthan Railway Jhopadpatti Vikas Mandal Vs. Government of India and others in Special Leave Petition (Civil) Diary No (s) 19714/2021 observed that it is highly necessary to take steps to remove the encroachments from the railway line and make the railway line free from encroachment. In that case Hon‟ble Apex Court held that encroachers are not entitled to get any choice of allotment of the area and they will have to shift to the place of relocation identified by the authorities.
103. It is also mentioned in the decision that in case any scheme is framed by the Government for settlement of such encroachers and they have got any rehabilitation scheme, then the affected persons were permitted to apply for being rehabilitated under the said schemes if eligible and subject to verification to eligibility and other terms and conditions of the rehabilitation scheme. Page 120 of 130
104. If no rehabilitation scheme has been formulated by the Local Government or is in force, the persons likely to be affected by the action of demolition can apply for allocation of residential premises under the Pradhan Mantri Awas Yojna Scheme, which application be processed not later than six months from the date of its receipt and taken to its logical and, application-wise within such period.
105. It is further observed that be it a case of rehabilitation under clause (VI) or (VII) above, the persons affected by demolition action by the authorities cannot insist for allotment of alternative residential accommodation at the same place from where they have been evicted (as it is not in situ rehabilitation programme). The eligible persons be allotted accommodation wherever available in the same or even in neighbouring districts.
106. It was also provided that in case of demolition of building, the authorities, namely, the local Government and the State Government shall be jointly and severally liable to pay a sum of Rs. 2,000/- per month per demolished structure for a period of six months from the date of demolition of their structure as ex-gratia amount to the head of the family/occupants of the concerned unauthorised structure removed during demolition action. That amount shall be initially paid by the Collector for a period of six months "only" and shall be later on shared equally by the entity (owner of the land), local Self Government authorities and State Government. So clear guideline has been given by the Hon‟ble Apex Court in respect of removal of encroachment from the water body or any other public premises.
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107. Further if there is any encroachment made into the water body without providing any necessary or buffer zones as provided under the building rules, then that also will be identified by the authorities and necessary steps will have to be taken for removal of such encroachments and unauthorised constructions as well in accordance with law.
108. The Principal Bench of National Green Tribunal, New Delhi in O.A. No. 593 of 2017 Paryavaran Suraksha Samiti and another Vs. Union of India and others considered the various reports had obtained in similar cases of pollution cause to the river stretches and summarise the directions as follows:-
"39. Our directions are summed up as follows:
(i) In the light of observations in Para 38 above, MoJS may devise an appropriate mechanism for more effective monitoring of steps for control of pollution and rejuvenation of all polluted river stretches in the country. The said mechanism may be called "National River Rejuvenation Mechanism" (NRRM) or given any other suitable name.
NRRM may also consider the observations with regard to setting up of National/State/District Environment Data Grid at appropriate levels as an effective monitoring strategy.
(ii) Chief Secretaries of all States/UTs and PCBs/PCCs must work in mission mode for strict compliance of timelines for commencing new projects, completing ongoing projects and adopting interim phyto/bio-remediation measures, failing which compensation in terms of earlier orders be deposited with the MoJS, to be utilised in the respective States as per action plan to be approved by the NRRM. Other steps in terms of action plans for abatement of pollution and rejuvenation of rivers, including preventing discharge or dumping of liquid and solid waste, maintaining eflow, protecting floodplains, using treated sewage for secondary purposes, developing biodiversity parks, protecting water bodies, regulating ground water extraction, water conservation, maintaining water quality etc. be taken effectively. The process of rejuvenation of rivers need not be confined to only 351 stretches but may be applicable to all small, medium and big polluted rivers, including those dried up.
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(iii) The Chief Secretaries of all States/UTs may personally monitor progress at least once every month and the NRRM every quarter.
(iv) Directions of this Tribunal in earlier order, the last being dated 21.9.2020 are reiterated.
(v) The NRRM and the Chief Secretaries of all the States/UTs may take into account the observations in Paras 24 to 38 above.
(vi) In view of discussion in para 38 above, it is made clear that accountability for failure to comply with the direction for payment of compensation will be of the concerned Chief Secretaries under Sections 25, 26, 28 and 30 of the NGT Act, 2010. The MoJS or any other aggrieved person will be free to take remedies by way of initiating prosecution or execution.
The applications are disposed of in above terms."
109. This also will go to show that there is a responsibility for Chief Secretaries to look into the issue and to take appropriate steps to protect environment including rejuvenating the water bodies which are shrinking or being polluted on account of the man made activities due to non-implementation of certain environmental laws.
110. It is not possible for the Tribunal to monitor the activities which the State instrumentalities are expected to carry out perpetually. The regulators and the authorities concerned has to raise to the occasion and realise their responsibility of protecting environment and take a pro-active role in implementing the schemes and also implementing the existing environmental laws already dealing with these aspects in its letter and spirit.
111. The municipalities have to prepare an estimate for that purpose and if any assistance is required from the Government, then, the Chief Secretary, State of Kerala and the Finance Secretary are directed to look Page 123 of 130 into the issue and provide necessary technical as well financial assistance for this purpose and if this is achieved then untreated sewage is being let in to the Konothupuzha river can be permanently averted.
112. The points are answered accordingly.
113. So, this application is disposed of with the following directions:
i) The local bodies are directed to implement the Solid Waste Management Rules, 2016 and the Liquid Waste Management within their area of jurisdiction strictly in accordance with the provisions of the Solid Waste Management Rules, 2016 and complying with the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018.
ii) The Kerala State Pollution Control Board is directed to monitor the implementation of Solid Waste Management Rules, 2016 in these areas and if there is any non compliance of the provisions of Solid Waste Management Rules, 2016 or the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018, then they are directed to take appropriate action against the erring local bodies in accordance with law.
iii) The Chief Secretary, State of Kerala and the Principal Secretary for Environment are also directed to monitor the implementations of the directions issued by the Page 124 of 130 Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 and to take action against the erring local bodies in accordance with law as non-
compliance of the environmental laws is an
environmental offence which is punishable under
Environment (Protection) Act, 1986.
iv) The local bodies are also directed to install necessary grill nets/trash booms etc., to arrest the solid waste from entering into the water bodies as directed by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 and they will have to take appropriate steps to remove the waste accumulated so that that will not block the free flow of water through the canal provided for this purpose.
v) The District Collector, Ernakulam District is directed to constitute a permanent high level committee in the district level and also sub -committees in the local bodies level to monitor the implementation of Solid Waste Management Rules, 2016 and also implementation of the schemes evolved by the committee for protecting the Konothupuzha river from encroachment and pollution and if any latches are found, then the District Collector is directed to take appropriate action against those local bodies and persons responsible for such violations in accordance with law.
vi) The Public Works Department/Irrigation Department is also directed not to construct any bridges or sluices Page 125 of 130 across the river in such a way as to encroach into the river and affecting its free flow of water in future. They must take all care to see that on account of any constructions, the free flow of water should not be obstructed and carrying capacity of the river should not be reduced. The department should also provide additional vents in the existing bridges to ensure free flow of the river. Instead of creating sand mounds to prevent sea water intrusion, the Irrigation Department should examine the possibility of constructing Tail End Regulators, subject to CRZ regulations, so that climate resilience can be enhanced. The department should prepare DPR for carrying out changes to existing bridges to provide additional vents and also for the Tail End Regulators and submit the detailed proposal to the Government within six (6) months.
vii) The violators should be dealt with in accordance with law and if the State instrumentalities are responsible for the same, they will have to be dealt with for their latches and dereliction in discharging their official duties. The State Government must also discharge their responsibility of providing necessary infrastructure for implementing the schemes to the local bodies and other departments as without infrastructure and financial assistance, no scheme can be implemented effectively and unless the schemes are effectively implemented, the results will not be as expected as well.
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viii) The District Collector, Ernakulam District is directed to conduct the survey through Thasildhar (LR) of the entire river stretches of Konothupuzha river to identify the encroachments, as there was an allegation that the entire stretch of River Konothupuzha in Tripunithura Municipality has not been properly surveyed to address the issue regarding the encroachment and if there is any further encroachment found or unauthorised constructions made encroaching into the buffer zone of the river as expected to maintain as per the building rules is not maintained, then action will have to be taken for removal of such encroachments and restore the width of the river to its original position.
ix) The Public Works Department and the Irrigation Department who are in charge of the Konothuypuzha river has to take steps to remove the weeds and de-silt the river periodically, so as to maintain free flow of water and maintain the regulator cum sluices and bridges properly, so that the free flow of water in the Konothupuzha river can be maintained. They are also directed to take appropriate steps to protect the river bunds on either side, so as to avoid soil erosion when more water comes in the river during rainy season. They are also directed to take steps to de-silt the river after making proper study in this regard, so as to increase the free flow of water in the river during rainy season to maintain the river ecology continuously and this will be Page 127 of 130 helpful for the purpose of providing proper use of the river for navigation purposes as well.
x) The suggestions given by the Chairman, State Level
Monitoring Committee, Kerala regarding the
maintenance of the bunds on either side of the river which is intended for the purpose of protecting river and they must also take appropriate permanent steps in this regard as directed in direction no. (vi) above.
xi) The local bodies are also directed to prepare a scheme for implementing Underground Sewage Scheme (UGSS) in the respective local bodies, so as to connect the sewage lines from the residences and establishments and to take the same to the sewage treatment plants and after treatment the same can be discharged into the water body after achieving the standards proscribed under the Environment (Protection) Act, 1986 and the Central Pollution Control Board in this regard. If any additional Sewage Treatment Plants are required, that also must be included in action plan for this purpose and implement the same. If such proposals are made and forwarded to the Government through proper channel, then the Chief Secretary, State of Kerala is directed to look into the matter and take necessary steps to get administrative and financial sanction for the same and provide all assistance to the local bodies to implement the same. This can be taken as an action plan to be implemented throughout Page 128 of 130 the State to resolve the problem of pollution being caused to rivers due to discharge of untreated sewage into it.
xii) After the encroachments are removed, they are directed to take steps to protect the river against future encroachment and free from pollution and this can be possible by providing bio-fencing on both sides of the rivers.
xiii) This Tribunal is also of the view that there must be permanent committee appointed at the State level with Principal Secretary for Environment as Chairman, the Secretaries for Revenue Department, Irrigation Department/ Public Works Department and also the local administration as its members, so as to prepare an action plan by getting the detailed proposals from concerned departments on the basis of the directions issued by this Tribunal and provide necessary assistance, if any, required for implementation of the schemes evolved by them to meet the situation and the Chief Secretary is directed to obtain orders of the Government to form the committee as directed above.
xiv) The Chief Secretary, State of Kerala is directed to monitor the progress of such things and the implementation of the directions issued by this Tribunal to ensure the Konothupuzha river is made free from encroachment and pollution.
xv) Considering the circumstances, the parties are directed to bear the respective cost in the Original Application. Page 129 of 130
xvi) The Registry is directed to communicate this order to the official respondents including the District Collector, Ernakulam District, Chairman - Kerala State Pollution Control Board, Managing Director - Kerala Water Authority, Chief Engineer - Irrigation Department, Additional Chief Secretary - Environment Department, Additional Chief Secretary for Water Resources Department, Additional Chief Secretary for Local Self Government Department, Additional Chief Secretary for Revenue Department, Principal Secretary for Public Works Department (Bridges & Roads) and the Chief Secretary to Government, State of Kerala for their information and also for compliance of directions.
114. 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. 237/2017(SZ) 12th May 2022. Sr. Page 130 of 130