National Green Tribunal
National Green Tribunal Southern Zone vs The Secretary To Govt. Of Tamilnadu ... on 25 May, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.5: Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 95 of 2020 (SZ)
IN THE MATTER OF:
Tribunal on its own motion SUO MOTU
Based on the News Item in the Dinamalar Chennai
Edition dated 01.07.2020, "Will Ramapuram Lake be
Completely restored?"
With
The Secretary to Government of Tamil Nadu,
Department of Environment,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu and Ors.
...Respondent(s)
Date of hearing: 25.05.2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2 & R5.
Mr. S. Sai Sathya Jith through
Ms. Gayathri for R3.
Mr. Gautham S Raman for R4.
Mrs. P.T. Ramadevi through
Mr. Ragul Adhithya for R6.
Page 1 of 8
ORDER
1. As per order dated 21.03.2022, this Tribunal had considered the report submitted by the 4th Respondent and also the Greater Chennai Corporation and directed to file further progress report regarding the action taken by the Greater Chennai Corporation, CMWSSB and the State Pollution Control Board and posted the case to 21.04.2022 for that purpose. On 21.04.2022, after considering the report submitted by the CMWSSB and the Greater Chennai Corporation, the matter was adjourned to 13.05.2022 and on 13.05.2022, it was adjourned to today by notification.
2. When the matter came up for hearing today, the Greater Chennai Corporation has filed a report dated 11.05.2022, e-filed on 25.05.2022 which reads as follows:-
"3. I respectfully submit that all the works regarding the beautification project will be completed at the earliest. The table below shows the progress of works:
Sl. Percentage (%) of
No. Description of work completion
1 All round compound wall 100
2 Foot pat h on t he lake bund 100
3 Toilet block 100
4 Securi t y / Caret aker room 100
5 Greenery 30
6 Open gym on bund 50
7 Children play area 90
8 Borewell for Tree planting 100
4. I submit that as per the Land Records, the Ramapuram Lake in Survey Number 239 in Ramapuram village of Maduravoyal Taluk, is classified as an "Eri", which implies the presence of an ayacattu, or irrigation basin, which is conventionally under the custody of the Water Resources Department of the Public Works Department (WRD/PWD).
5. I respectfully submit that as per the Revenue records, the Survey Number 239/1 and Survey Number 239/3 admeasuring an extent of 2.08 Page 2 of 8 hectares are re-classified as "Grama Natham" lands. I further submit that the sub division of the land in Survey Number 239/2A admeasuring an extent of 7.13 hectares has been classified as "Eri". Further, during the land alienation for Tamil Nadu Slum Clearance Board (TNSCB) of a subdivision of the said land, in survey number 239/2B admeasuring an extent of 1.66 hectares, WRD/PWD gave the No Objection Certificate (NOC) for the same. The available records are enclosed.
6. I respectfully submit that this respondent has already initiated action against encroachers. As per section 220 read with section 222 of Chennai City Municipal Corporation Act, 1919, notices have been issued to the encroachers. It is submitted that cumulatively, 488 Notices have been issued, in which 463 replies have been received from the encroachers.
Reply With Without
S. Total Reply not
Description Docu- Docu- Remarks
No Notice received received ments ments
1. Commercial 21 21 6 15 TNSCB
2. Residential 389 355 34 101 254 TNSCB
Grama
Valluvar Natham
3. 78 70 8 49 21
Salai Patta
TOTAL 488 446 42 156 290
7. I respectfully submit that a reminder letter dated 26.04.2022 was issued to all the encroachers, to those who have not submitted their replies for the notices issued under Section 220 of the Chennai City Municipal Corporation Act, 1919 to reply within a time period of 5 days.
8. I respectfully submit that a letter No. Ma.A.11.Na.Ka.No./3987/2022 dated 28.04.2022 has been sent to the Tahsildar, Maduravayol Taluk, The Chief Engineer, TNUHDB and the District Collector, Chennai to identify all the encroachers in Survey Number 239, Ramapuram Village, along with Bio-Metrics, jointly with the Greater Chennai Corporation.
9. I respectfully submit that a letter No. Ma.A.11.Na.Ka.No./3987/2022 dated 11.05.2022 has been sent to the Tahsildar, Maduravayol, The Chief Engineer, TNSCB and the District Collector, Chennai to verify the genuineness and originality of the documents produced by the encroachers in their replies to the notices issued under Section 220 of the Chennai City Municipal Corporation Act, 1919.
10. I respectfully submit that a Writ Petition in W.P. No.22958 of 2019 is pending before the Hon'ble Chief Court of Madras High Court and the periodical report has been filed before the Hon'ble High Court. The case is posted on 07.06.2022 for further hearing."
Page 3 of 83. The CMWSSB also filed a report dated 19.04.2022, e-filed on the same day which reads as follows:-
"3. I respectfully submit that with regard to this Hon'ble Tribunals query regarding timeline for completion of work, it is submitted that current physical progress of works is 78% and status of balance works to be completed is detailed below:
Progress of works under Ramapuram Under Ground Sewerage Scheme as on 10.04.2022 Completed Balance Overall Sl. Description of Total as on Qty to be progress in No. Components Qty 10.04.2022 completed % 47.059 39.168 7.891 1 Sewer line (km) 100% 83% 17% 5.086 3.704 1.382 2 Pumping Main (km) 100% 73% 27% 6797 4698 2099 3 HSC (Nos.) 100% 69% 31% 1928 1805 123 78%
4 Manholes (Nos) 100% 94% 6% Pumping Station (5 5 100% 78% 22% Nos.) Providing pumping 6 machineries and 100% 42% 58% Electrical installation
4. I humbly state that probable date of completion of project is 31.03.2023. Therein it is ensured that no sewage will be let into the storm water drain or into the lake."
4. The District Collector - Chennai District also filed a report signed on 25.04.2022, e-filed on 04.05.2022 which reads as follows:-
"2) It is respectfully submitted that a status report has been submitted by the Greater Chennai Corporation dated 09.10.2020 filed on 03.06.2021 and received by the National Green Tribunal (South Zone) on 15.06.2021 and passed an order dated 02.07.2021.
3) In para 17 of the said order it was held as follows: "17. The above officials are directed to file their respective reports as directed to this Tribunal on or before 04.08.2021 by e-filing in form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules"Page 4 of 8
3) In pursuance of the said order, in the order dated 04.08.2021, the National Green Tribunal in para 11 of the order has held as follows:
"The Registry is directed to communicate this order to the members of the committee, official respondents and also to the Principal Secretary for Environment, Additional Chief Secretary for Municipal Administration and Water Supply and Revenue by e-mail immediately for their information and also for giving directions to the authorities to implement the directions issued by this Tribunal in submitting the effective reports; and the said matter stands posted to 03.09.2021.
4) It is respectfully submitted that in obedience to the said order, the Greater Chennai Corporation authorities have requested the Tahsildar, Maduravoyal Taluk, Chennai for demarcationof the boundaries of the said Ramapuram lake which is comprised in S.No.239/2A of Ramapuram village of Maduravoyal Taluk.
5) It is respectfully submitted that based on the oral instruction issued by the Worshipful Mayor of Chennai District on 15.04.2015, the said lake had already been inspected by the Revenue officials and found that the total extent of the said lake comprised in 239/2A of Ramapuram village worked out to 7.135 Hectares, stood classified as Government Poromboke and Registered in the name of Ramapuram lake in the Land Records of the office of the Tahsildar, Maduravoyal Taluk. Out of the total extent of 7.135 Hectares, there were encroachments to an extent of 5.63 Hectares. The rest of the 1.50 Hectares was with water and remained as a lake. Records shows that out of the encroached extent of about 5.63 Hectares an extent of 1.66 Hectares of land had already been alienated to Tamil Nadu Slum Clearance Board for eventual allotment to the encroachers.
6) It is respectfully submitted that a sketch showing the boundaries of the said Ramapuram lake, the portion of land measuring 1.66 Hectares alienated in favour of Tamil Nadu Slum Clearance Board (Now Tamil Nadu Urban Habitat Development Board), portion of land actually under encroachment, Portion of land meant for Road and portion of land classified as "Gramanatham" comprised in S.No.239/1, and 239/3 of Ramapuram village is submitted herewith.
7) It is respectfully submitted besides the Bio-metric enumeration taken in the said lake and found that there were 235 Encroachments. The name of the encroacher, extent encroached, name of the encroacher, community, Aadhar number, Family Card No. occupation, annual income and type of encroachment were more particularly described in the list of encroachers already submitted in this regard.
8) It is respectfully submitted that in respect of the alleged encroachments in the aforesaid survey fields in S.Nos. 239/1, 239/3 etc., M/s Ramapuram Social Welfare Federation has filed W.P.No.22958 of 2019 with a prayer to issue a WRIT OF MANDAMUS directing the Respondents therein to remove the encroachments in water bodies, lakes and Ramapuram lake comprised in S.Nos. 239/1 etc., of Ramapuram Village, Maduravoyal Taluk and to direct the Respondents therein to restore natural water storage resources, bodies, canals, and Ramapuram lake as existed prior to 1987 and Page 5 of 8 pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Necessary Draft Counter Affidavit has been prepared and sent to the Government Advocate for vetting.
9) It is respectfully submitted that it is also pertinent to point out that in pursuance of the News Item in the DinamalarChennai Edition dated 01.07.2020, under the caption "Will Ramapuram Lake be completely restored?"
enumeration was conducted and the details of 235 encroachers in the said lake were prepared and submitted to the Assistant Engineer, Water Resources Department, Adyar Irrigation section, St. Thomas Mount, Chennai 600016 along with the letter from the Tahsildar, Maduravoyal Taluk in Rc.No.460/2021/B1 dated 25.08.2021. Besides this, the said list of encroachers was also communicated to the Greater Chennai Corporation authorities along with Tahsildar, Maduravoyal letter Rc.No.460/2021/B1 dated 25.08.2021.
It is pertinent to point out that it is for the Public Works Department and the Greater Chennai Corporation to remove the encroachments on water bodies. As of now, the Greater Chennai Corporation is maintaining the said lake water body area measuring 1.50 hectares litter free by cleaning the area.
It is pertinent to point out that it is for the Public Works Department and the Greater Chennai Corporation to remove the encroachments on water bodies. As of now, the Greater Chennai Corporation is maintaining the said lake water body area measuring 1.50 hectares litter free by cleaning the surrounding area of lake on daily basis. Further the Greater Chennai Corporation is constructing a compound wall with a height of 7 feet surrounding the lake area in order to avoid further encroachments and also to avoid garbage dumping in the lake area."
5. It is seen from the report submitted by the District Collector that an extent of 1.66 Hectares were alienated in favour of Tamil Nadu Slum Clearance Board (now Tamil Nadu Urban Habitat Development Board), a portion of land actually under encroachment, a portion of land meant for road and a portion of land was classified as "Gramanatham" comprised in Sy. No.239/1 and 239/3 of Ramapuram Village. Though it was mentioned that the sketch has been produced, the same is not seen attached.
Page 6 of 86. It is not clear from the report as to when the actual alienation was made in favour of the Tamil Nadu Slum Clearance Board, whether constructions have been completed and allocations have been made to the allottees and it is also not clear, whether this was done after or before the order of Hon'ble High Court of Madras.
7. Further, it is also seen from the report that a writ petition is still pending before the Hon'ble High Court in respect of Ramapuram Lake and series of directions have been issued in that case. If that be the case, we direct the Greater Chennai Corporation and other official respondents to produce all the copies of order passed by the Hon'ble High Court of Madras in respect of encroachment into the Ramapuram Lake so that this Tribunal can, on the basis of the directions issued by the Hon'ble High Court of Madras, disposed of the matter.
8. So, the CMWSSB, Greater Chennai Corporation, the District Collector
- Chennai and the Tamil Nadu Pollution Control Board are directed to file their respective reports to this Tribunal regarding the present status of steps taken for removal of encroachment and protecting Ramapuram Lake from pollution and encroachment and whether there is any improvement happened on account of such steps taken.
9. They are directed to file their respective reports to this Tribunal on or before 05.07.2022 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.
Page 7 of 810. The Registry is directed to communicate this order to the official respondents, Tamil Nadu Pollution Control Board, Greater Chennai Corporation, CMWSSB, Water Resources Department and the District
- Chennai District by e-mail for their information and compliance of directions.
11. For consideration of further reports and hearing, post on 05.07.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.95/2020 (SZ) 25th May 2022. Mn.
Page 8 of 8