National Green Tribunal
National Green Tribunal Southern Zone vs The District Collector Chengalpattu on 9 March, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.16 BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.18 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu initiated proceedings
based on the news item published in
The New Indian Express, Chennai Edition
Dated 27.01.2020
Under the caption
"Urapakkam resident‟s brave death
Threats, turn cesspool into lake".
1.The District Collector,
Chengalpattu.
2. The Chairman,
Tamil Nadu Pollution Control Board,
Anna Salai, Guindy, Chennai - 32.
3. The District Environmental Engineer,
Tamil Nadu Pollution Control Board,
Maraimalai Nagar.
4. The Secretary,
Urapakkam Village Panchayat. ..Respondent(s)
Date of hearing: 9.3.2021
CORAM:
HON‟BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON‟BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Sri. Dr. V.R. Thirunarayanan for R1 & R4
Sri. C. Kasirajan through
Mr. Ajith Kumar for R2 & R3
JUDGMENT
The above case has been suo motu registered by this Tribunal on the basis of the news paper report published in "The New Indian Express", Chennai Edition, dated, 27.01.2020 authored by Mrs. Madumitha Viswanath under the caption "Urapakkam resident's [1] brave death threats, turn cesspool into lake". 300-odd volunteers pool in close to Rs. 20 Lakhs to revive the portion of this water body.
It is alleged in the report that Karannal Puducherry Lake in Urapakkam has become a dumping ground and sewage pond on account of the illegal dumping and discharge of untreated sewage water into the same. Due to the interest taken by some of the residents, some attempt was made to restore the same by undertaking cleaning work by spending more than Rs.20 Lakhs by making public collection and public involvement. But it is not being maintained by the authorities in spite of the pathetic condition of the water body which has been brought to their notice.
2. This Tribunal, after considering the news paper report, admitted the matter and appointed a Joint Committee comprising of District Collector, Chengalpattu District, Secretary, Urapakkam Panchayat and Tamil Nadu Pollution Control Board to go to the allegations in the report and submit a factual and actual taken report if there is any violation or encroachment and deposit of waste and discharge of untreated effluent, contaminating the water, to prepare an action plan for restoring the water body with specific timeline within which the same can be completed to restore and protect the water body from encroachment and pollution. The committee was also directed to trace out the persons responsible for the same and take action against them including imposition of environmental compensation. District Collector, Chengalpattu District was designated as Nodal Officer for this purpose.
3. Thereafter, the matter was taken up on 4.1.2021 and considered the Joint Committee Report dated 7.8.2020, received on 21.11.2020 which was extracted in para 3 of the order which reads as follows:
"INSPECTION REPORT OF THE JOINT COMMITTEE CONSTITUTED BY THE HON'BLE NATIONAL GREEN TRIBUNAL [2] (SOUTHERN ZONE) IN RESPECT OF O.A NO.18 OF 2020 IN THE MATTER OF: TRIBUNAL ON ITS OWN MOTION SUO MOTU BASED ON THE NEWS ITEM IN THE NEW INDIAN EXPRESS, CHENNAI EDITION DT 27.01.2020. ÜRAPAKKAM RESIDENTS BRAVE DEATH THREATS, TURN CESSPOOL INTO LAKE The Hon'ble National Green Tribunal (NGT), Southern Zone(SZ), Chennai in its order dated 29.01.2020 in Original Application No.18 of 2020 has constituted a Joint Committee comprising of the (1) District Collector, Chengalpet District, (2) Secretary, Urapakkam Panchayat and (3)Tamil Nadu State Pollution Control Board and directed as follows:-
"to go to the allegation in the report and submit a factual report. If there are any violations or encroachment and deposition of waste and discharge of untreated effluent contaminating the water amounting to an amount to an offence under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and also as per the provisions of the Solid Waste Management Rules read with Environment Protection Act, then take action against them in accordance with law. The committee should also consider the question of preparing an action plan for restoring of the water body with specific timeline within which the same can be completed to restore and protect the water body from encroachment and contamination and also take appropriate action against those persons who are violating the same including imposition of Environmental compensations and submit the report to this Tribunal within a period of two months.
In compliance of the direction of the Hon'ble National Greeen Tribunal (SZ), the Joint Committee as constituted, has carried out the inspection in the area in question on 07.03.2020, 20.07.2020 and 01.08.2020 and the following observations were made Observations
1. Karanaipudhucheri Lake is located in Karanaipudhucheri Village Panchayat in an extent of 25.47 Hectares.
2. Karanaipudhucheri Lake is surrounded by residences of Mailima Nagar, Sri Sathya Sai Nagar in the Southern side, Periyar Nagar in the Northern side, residences of Gokulam Colony Extension in the Eastern side and residences of Rajiv Gandhi Nagar in the Western side
3. Discharge of sewage into the said Lake from the residences located in the northern side of the Lake was noticed.
4. No discharge of industrial effluent was noticed during the time of inspection.
5. Municipal solid wastes were found dumped in the eastern fringe corner of the Lake.
6. Sample of Lake water was collected on 20.07.2020 to accertain the quality of the same and sent for analysis.[3]
7. Encroachment was noticed in the northern side of the lake.
The Block Development Officer, Kattankolathur Panchayat Union has submitted the following proposal including remedial measures (Action Plan Short term & Long term):
1.Location of the Lake: Karanaipudhuceri - Survey No 388/A (12.856037,80.078514)
2. Total Area of the Karanaipudhucheri Lake: 25.47 Hectare
3. Total Area of the Karanaipudhucheri Panchayat : 6.87 Sq Km
4. Total Population of the Panchayat : 11400 Nos.
5. Total Household of the Panchayat : 3125 Nos.
6. No of Wards: 9 Nos
7. Generation of total Solid Waste in the Panchayat: 1.00 MT/day (Biodegradable waste - 0.50 MT and Non Biodegradable waste - 0.50 MT)
8. Collection Mechanism: 3 E-Cart Tricycles with 5 sanitary Workers.
9. Presently Solid Waste at dumping Yard: 10.00 MT (legacy)
10. Present Condition of Disposal:
Presently the waste collected from the Village Panchayat area is being collected by Panchayat sanitary workers using 3 E-Cart Tricycles deploying 5 sanitary workers and which is being dumped in the eastern fringe of the lake in Survey no. 388/A (12.856037,80.078514) which is owned by Karanaipudhucheri Village Panchayat and there is encroachment in the said lake in the northern side, which is the main source for letting out of sewage and dumping of solid waste.
The Karanaipudhucheri Lake is surrounded by residences of Mailima Nagar, Sri Sathya Sai Nagar in the Southern side, Periyar Nagar in the Northern side, residences of Gokulam Colony Extension in the Eastern side and residences of Rajiv Gandhi Nagar in the Western side.
The total household in the Panchayat is 3125 Nos. Out of 3125Nos. of households 2675 Nos.,of houses are having individual septic tank and soak pit arrangements.The remaining 450 houses discharge their sewage into the Karanaipudhucheri Lake Short Term Remedies
1. Solid waste (legacy) dumped in the above said site (Survey no - 388/A) will be cleared by carrying out Bio mining within the period of two Months.
2. Sanitary staffs will be posted in the said site throughout the day.
3. During the night time, sanitary staffs will be posted to carry out monitoring activities to prevent any further dumping of wastes.[4]
4. Village Panchayat of Karanaipudhucheri will be issuing notices to the households regarding not to dump the wastes and liquid waste (sewage) on the road side leading to the Lake and also with instruction to the public to provide Septic tank and soak pit in their houses respectively to prevent the sewage being discharged into the Lake.
5. Persons dumping solid waste in the road side will be identified and fine will be imposed. Due to this, the instances of dumping of wastes in public places other than the designated areas for the deposit of solid wastes will be reduced to a great extent.
6. Warning boards will be installed to prevent the dumping of the solid wastes.
7. In addition, sanitary workers will be deputed as a special step to remove the non-biodegradable wastes from the Garbage Vulnerable Points (GVP) and from the vacant private lands and to prevent further dumping of wastes in the road sides across the Panchayat area.
8. Pamphlets will be issued in the locality regarding the source segregation of the solid wastes and the public will be encouraged to deposit only segregated wastes in the respective area. The sanitary supervisors will be conducting various demonstrations regarding the segregation of the wastes and the home compositing process will also be demonstrated to the residents in all the residential areas.
9. The Village Panchayat has provided 5 Nos of community soak pits at the northern bund of the Lake to handle the sewage discharged from the residences thereby preventing the same entering into the Lake. Long Term Remedies:
1 Door to Door Collection will be made 100%. Segregated Municipal Solid Waste will be collected and the collection of garbage shall commence at 6 am and the daily operations shall close by 2p.m.
2 Total generation of solid waste is 1.00 MT. Segregated Biodegradable waste will be composted by providing a Micro Composting Centre and non degradable waste including plastic waste will be collected and will be sent to cement factories for co processing 3 Micro composting centre is proposed to be set up to handle the bio degradable waste. Necessary sanctions had been obtained for an estimated cost Rs 24.40 lakhs to prepare bio organic manure and also proposed to have a segregation shed to ensure proper segregation. The above said facility will be established within a period of three months. 4 It is proposed to provide fencing in the eastern corner of the Lake so as to prevent the public dumping the solid waste. This work will be completed within three months.
5 3 Green Friends (sanitary workers) with hired tractor shall be deployed to collect wastes from every household and one LCV to cover households on a daily basis supported by 3 E Carts and 3 push carts fitted with 4 bins (30 ltrs) to handle the biodegradable, recyclable and domestic hazardous wastes separately.[5]
6 De-silting and cleaning of the bushes and strengthening of bunds in the said Lake is proposed to be carried out under CSR Scheme with help of Environmentalist Foundation of India (EFI) with an estimate cost of Rs.
32.37 Lakhs.
7 Proposed to construct a Cement Concrete Drain to a length of 405m with Horizontal Filter to treat the sewage generated from the residences and the treated sewage will only be discharged into the Lake. 8 The eviction of encroachment in the lake will be carried out by approaching the Revenue authorities.
RECOMMENDATIONS:
The Joint Committee has considered the remedial measures submitted by the Block Development Officer, Kattankolathur Panchayat Union and has suggested the following recommendations:
i. The local body shall expedite the process of remedial measures as suggested above and shall be in letter and spirit and the time line shall be followed in strict sense, without any further delay. ii. The local body shall ensure 100% collection of solid waste being generated within its jurisdiction by adopting door to door collection of the segregated solid waste, processing and disposal. iii. The Block Development Officer, Kattankolathur Panchayat Union shall monitor and ensure that the local body is complied with the statutory requirements and for the scientific disposal of solid waste that are being generated in the local body.
iv. The Block Development Officer, Kattankolathur Panchayat Union shall ensure that there is no discharge of sewage and no dumping of solid waste from the local body area into the said water body. v. The Local body in co ordination with Revenue authorities shall take necessary steps for the eviction of encroachment in the water body. vi. Tamil Nadu Pollution Control Board shall conduct periodical inspection / surprise inspection of the site in question and ensure that the local body is handling the sewage and solid waste in accordance with law." Thereafter, after considering the joint committee report, this Tribunal passed the following order:
"Though, certain long term and short term measures have been provided, there was no specific timeline provided within which the same can be completed. As a short term remedy, the Solid Waste dumped in the above said lake has to be cleared by doing Bio-mining within a period of 2 (Two) months. The report is [6] dated 08.08.2020 and it is not known as to what is the present stage of the same.
Further, it is also mentioned that there are certain encroachments on the northern side of the lake and it is not known as to the steps taken by the authorities for removing all the encroachments to protect the water body against the encroachment.
Though, it was mentioned that there are certain proposals for de-silting and cleaning the bushes and strengthening the bunds of the lake so as to protect the water body, but it is not known as to what is the present stage of the same as well.
So under such circumstances, we feel it appropriate to direct the committee to conduct the inspection again and submit a present status of the lake. The Kattankolathur Panchayath Union is also directed to submit their independent response regarding the steps to be taken on the basis of the recommendations and the long term and short term remedies provided for protecting the water body as undertaken by them before the committee with specific timeline within which each activity will be completed by them.
The District Collector, Chengalpattu is also directed to submit an independent response as to what are all the steps taken by them for removal of the encroachments found in the water body to protect the same against the encroachments.
The Pollution Control Board is also directed to submit their action taken report against the Panchayat for not complying with the Solid Waste Management Rules, 2016 as directed by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 and also for [7] discharging the sewage into the water body without proper treatment which itself is an offence under the Water (Prevention and Control of Pollution) Act, 1974.
The committee as well as the local body, the District Collector, Chengalpattu and also the Pollution Control Board are directed to submit a further action taken report and further status report and also the compliance report regarding the implementation of the Solid Waste Management Rules, 2016 respectively before this Tribunal on or before 02.02.2021 by e-filing in the form Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
The Registry is directed to communicate this order to the above said officials including the members of the committee so as to enable them to comply with the direction.
For consideration of further action taken and compliance report to be filed, post on 02.02.2021."
4. Thereafter, the matter was again taken up on 2.2.2021 and considered the Joint Committee Report signed on 31.1.2021, received on 2.2.2021 which as extracted in para 5 of the order which reads as follows:
INSPECTION REPORT OF THE JOINT COMMITTEE CONSTITUTED BY THE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE) IN RESPECT OF O.A NO.18 OF 2020 IN THE MATTER OF: TRIBUNAL ON ITS OWN MOTION SUO MOTU BASED ON THE NEWS ITEM IN THE NEW INDIAN EXPRESS, CHENNAI EDITION DT 27.01.2020. ÜRAPAKKAM RESIDENTS BRAVE DEATH THREATS, TURN CESSPOOL INTO LAKE The Hon‟ble National Green Tribunal (NGT), Southern Zone(SZ), Chennai in its order dated 29.01.2020 in Original Application No.18 of 2020 has constituted a Joint Committee [8] comprising of the (1) District Collector, Chengalpet District, (2) Secretary, Urapakkam Panchayat and (3)Tamil Nadu State Pollution Control Board and directed as follows:-
"to go to the allegation in the report and submit a factual report. If there are any violations or encroachment and deposition of waste and discharge of untreated effluent contaminating the water amounting to an amount to an offence under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and also as per the provisions of the Solid Waste Management Rules read with Environment Protection Act, then take action against them in accordance with law. The committee should also consider the question of preparing an action plan for restoring of the water body with specific timeline within which the same can be completed to restore and protect the water body from encroachment and contamination and also take appropriate action against those persons who are violating the same including imposition of Environmental compensations and submit the report to this Tribunal within a period of two months.
In compliance of the direction of the Hon‟ble National Greeen Tribunal (SZ), the Joint Committee as constituted has carried out the inspection in the area in question on 07.03.2020, 20.07.2020 and 01.08.2020 and the inspection report of the joint committee was submitted before the Hon‟ble NGT (SZ)."
Further, the Hon‟ble NGT (SZ) in its order dated 04.01.2021 has stated the following "Though, certain long term and short term measures have been provided, there was no specific timeline provided within which the same can be completed. As a short term remedy, the solid waste dumped in the above said lake has to be cleared by doing Bio- mining within a period of 2 (TWO) months. The report is dated 08.08.2020 and it is not known as to what is the present stage of the same"
"Further, it is also mentioned that there are certain encroachments on the northern side of the lake and it is not known as to the steps taken by the authorities for removing all the encroachments to protect the water body against the encroachment"
"Though, it was mentioned that there are certain proposals for de-silting and cleaning the bushes and strengthening the bunds of the lake so as to protect the water body, but it is not known as to what is the present stage of the same as well"
"So under such circumstances, we feel it appropriate to direct the committee to conduct the inspection again and submit a present status of the lake. The Kattankolathur Panchayat Union is also directed to submit their independent response regarding the steps to be taken on the basis of the recommendations and the long term and short term remedies provided for protecting the water body as undertaken by them before the committee with specific timeline within which each activity will be completed by them"
"The District Collector, Chengalpattu is also directed to submit an independent response as to what are all the steps taken by them for removal of the encroachments found in the water body to protect the same against the encroachments."[9]
"The Pollution Control Board is also directed to submit their action taken report against the Panchayat for not complying with the Solid Waste Management Rules, 2016 as directed by 7the Principal Bench of National Green Tribunal, New Delhi in O.A No. 606 of 2018 and also for discharging the sewage into the water body without proper treatment which itself is an offence under the water (Prevention and Control of Pollution) Act, 1974."
"The committee as well as the local body, the District Collector, Chengalpattu and also the Pollution Control Board are directed to submit a further action taken report regarding the implementation of the Solid Waste Management Rules, 2016 respectively before this Tribunal on or before 02.02.2021 by e-filing in the form Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules and consideration of further action taken and compliance report to be filed, post on 02.02.2021"
In due compliance to the Hon'ble NGT (SZ) order dated 04.01.2021, the Block Development Officer, Kattankolathur Panchayat Union has submitted the action taken report on the short term and long term remedies as submitted before the Hon'ble NGT (SZ) Action taken on the short term remedies and long term remedies as mentioned in the Joint Inspection report dated 08.08.2020 submitted before the Hon'ble NGT (SZ) in OA No.18 of 2020 S.No Short Term Remedies mentioned in the Joint Present Status Inspection report dated 08.08.2020
1. Solid waste (legacy) dumped in the above said The solid waste dumped earlier was cleared site (Survey no 388/A) will be cleared by from the site and no fresh dumping is carried carrying out Bio mining within the period of out in the said location. Photographs two Months. enclosed
2. Sanitary staffs will be posted in the said site Sanitary staffs are posted in the said site throughout the day. throughout the day.
3. During the night time, sanitary staffs will be Sanitary staffs on shift basis carry out night posted to carry out monitoring activities to patrolling to monitor the dumping of solid prevent any further dumping of wastes. wastes in the area in question regularly
4. Village Panchayat of Karanaipudhucheri will Notices were issued to the violators for be issuing notices to the households regarding dumping of solid wastes in the said area in not to dump the wastes and liquid waste question.
(sewage on the road side leading to the Lake and also with instruction to the public to provide septic tank and soak pit in their houses respectively to prevent the sewage being discharged into the Lake.
[10]5. Persons dumping solid waste in the road side Notices were issued to the violators for will be identified and fine will be imposed. Due dumping of solid wastes in the said area in to this, the instances of dumping of wastes in question and fine will be imposed. public places other than the designated areas for the deposited of solid wastes will be reduced to a great extent
6. Warning boards will be installed to prevent the Warning boards were placed to prevent the dumping of the solid wastes. dumping of the solid wastes
7. In addition, sanitary workers will be deputed In addition to the existing sanitary workers , 2 as a special step to remove the non- sanitary workers on contract basis were biodegradable wastes from the Garbage recruited for the monitoring of the dumping of Vulnerable Points (GVP) and from the vacant solid wastes around the lake private lands and to prevent further dumping of wastes in the road sides across the panchayat area.
8. Pamphlets will be issued in the locality Pamphlets were issued in the locality regarding the source segregation of the solid regarding source segregation of the solid wastes and the public will be encouraged to wastes and the public were encouraged to deposit only segregated wastes in the deposit only segregated wastes in the respective area. The sanitary supervisors will respective area be conducting various demonstrations regarding the segregation of the wastes and the home compositing process will also be demonstrated to the residents in all the residential areas.
9 The Village Panchayat has provided 5 Nos of 5 Nos of community soak pits at the northern community soak pits at the northern bund of bund of the Lake were provided to handle the the Lake to handle the sewage discharged from sewage discharged from the residences the residences thereby preventing the same thereby preventing the same entering into the entering into the Lake. Lake.
S.No Long Term Remedies mentioned in the Joint Present Status Inspection report dated 08.08.2020 1 Door to Door Collection will be made 100% Implemented 100% of Door to Door Segregated Municipal Solid Waste will be Collection of Municipal Solid Waste and the collected and the collection of garbage shall collection of garbage commences at 6am and commence at 6am and the daily operations the daily operations closes by 2p.m shall close by 2p.m [11] 2 Total generation of solid waste is 1.00 MT. The total generation of solid waste in the said Segregated Biodegradable waste will be Village Panchayat is 1.00 MT and the plastic composted by providing a Micro Composting wastes were collected and sent for co Centre and non degradable waste including processing. Micro Composting Centre is yet plastic waste will be collected and will be sent to be established for composting the bio to cement factories for co processing degradable waste within 2 months.
3 Micro composting centre is proposed to be set Micro composting centre is proposed to be set up to handle the bio degradable waste. up to handle the bio degradable waste. Necessary sanctions had been obtained for an Necessary sanctions had been obtained for an estimated cost Rs 24.40 lakhs to prepare bio estimated cost Rs 24.40 lakhs to prepare bio organic manure and also proposed to have a organic manure and also proposed to have a segregation shed to ensure proper segregation. segregation shed to ensure proper The above said facility will be established segregation. The above said facilities will be within a period of three months. established within a period of 2 months.
4 It is proposed to provide fencing in the eastern The fencing of the lake on the eastern corner corner of the Lake so as to prevent the public of the Lake to prevent the dumping of solid dumping the solid waste. This work will be waste will be completed in 3 months. completed within three months.
5 3 Green Friends (sanitary workers) with hired Sanitary workers on contract basis had been tractor shall be deployed to collect wastes hired in addition to the existing man power from every household and one LCV to cover along with a tractor to handle the solid waste households on a daily basis supported by 3 E generated within the village panchayat area.
Carts and 3 push carts fitted with 4 bins
(30ltrs) to handle the biodegradable,
recyclable and domestic hazardous wastes
separately.
6 De-silting and cleaning of the bushes and De-silting and cleaning of the bushes and strengthening of bunds in the said Lake is strengthening of bunds in the said Lake is proposed to be carried out under CSR Scheme proposed to be carried out under CSR Scheme with help of Environmentalist Foundation of with help of Environmentalist Foundation of India (EFI) with an estimate cost of Rs 32.37 India (EFI) with an estimate cost of Rs 32.37 Lakhs. Lakhs and the same work will be completed within 3 months [12] 7 Proposed to construct a Cement Concrete The proposal sent MGNRESGS Scheme 2020- Drain to a Length of 405m with Horizontal 21 at the Estimate amount of Rs.11,57,100/- Filter to treat the sewage generated from the the construction of cement concrete drain to a residences and the treated sewage will only be length of 700m with Horizontal Filter to treat discharged into the Lake. the sewage generated from the residences which will be completed within 3 months.
8 The eviction of encroachment in the lake will Officials from the Tamil Nadu Slum be carried out by approaching the Revenue Clearance Board had inspected the area in authorities. question and demarcation of the encroachments was done. The eviction of encroachments will be carried out within 3 months of time.
Action taken on the observations made by the Hon'ble NGT(SZ) in its order dated 04.01.2021 in OA No.18 of 2020 S.No observations made by the Hon'ble NGT(SZ) in Present Status its order dated 04.01.2021 1 Though, certain long term and short term The solid waste dumped earlier was cleared measures have been provided, there was no from the site and no fresh dumping is specific timeline provided within which the same carried out in the said location. can be completed. As a short term remedy, the Photographs enclosed solid waste dumped in the above said lake has to be cleared by doing Bio- mining within a period of 2 (TWO) months. The report is dated 08.08.2020 and it is not known as to what is the present stage of the same 2 Further, it is also mentioned that there are Officials from the Tamil Nadu Slum certain encroachments on the northern side of Clearance Board had inspected the area in the lake and it is not known as to the steps taken question and demarcation of the by the authorities for removing all the encroachments was done. The eviction of encroachments to protect the water body against encroachments will be carried out within 3 the encroachment months of time.
3 Though, it was mentioned that there are certain De-silting and cleaning of the bushes and proposals for de-silting and cleaning the bushes strengthening of bunds in the said Lake is and strengthening the bunds of the lake so as to proposed to be carried out under CSR protect the water body, but it is not known as to Scheme with help of Environmentalist what is the present stage of the same as well. Foundation of India (EFI) with an estimate cost of Rs 32.37 Lakhs and the same work will be completed within 3 months [13] Observations of the Joint Committee The joint committee as constituted by the Hon'ble NGT (SZ) has inspected the said area in question on 29.01.2021 & 30.01.2021 and the following observations were made
8. The solid wastes dumped earlier in the fringes of the eastern corner were found cleared from the said location and no fresh dumping of solid waste noticed in the said site.
9. The local body has provided 5 Nos of community soak pits at the northern bund of the Lake to handle the sewage discharged from the residences
10. No discharge of industrial effluent was noticed.
11. Encroachment was noticed in the northern side of the lake.
PHOTOGRAPHS TAKEN DURING THE INSPECTION BY JOINT COMMITTEE CONSTITUTED BY THE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE) IN OA NO.18 OF 2020 AT KARANAIPUDHUCHERI LAKE ( URAPAKKAM VILLAGE)
a)The solid waste earlier dumped on the fringes of the eastern side of the lake were removed
b) Warning board placed on the northern side of the lake
c) Community pit provided on the northern side of the lake Also, water samples were already collected from the Karanaipudhucheri Lake on 20.07.2020 and the detail of the report of analysis is submitted as below Statement showing the value of the Physico chemical parameters analyzed Sl.No Parameters Units Point of collection TNPCB Standards (Inland Karanaipudhucheri Surface Water) Lake 1 pH @ 25oC No. 7.06 5.5-9 2 Total Suspended Solids @ mg/L 30 100 105oC 3 Total Dissolved Solids @ mg/L 477 2100 180oC
4. D.O mg/L 6.20 5mg/l and above 5 BOD @ 27oC mg/L 16 30 6 COD mg/L 200 250 7 Copper as Cu mg/L <0.033 3 8 Zinc as Zn mg/L <0.01 1 9 Cadmium as Cd mg/L <0.013 2 10 Lead as Pb mg/L <0.07 0.1 11 Nickel as Ni mg/L <0.05 3 12 Total Chromium Cr mg/L <0.05 2 13 Hexavalent Chromium mg/L <0.05 0.1 [14] Cr+6 Statement showing the value of the Bacteriological parameters analyzed Sl.No Parameters Units Primary Water Quality Point of collection Criteria for Bathing Waters prescribed by Karanaipudhucheri Lake Central Pollution Control Board 1 Total Coliform MPN 500 or less. 110 /100 ml 2 Faecal Coliform MPN 500 (desirable) 2500 <1.8 (Maximum Permissible) /100 ml The Report of analysis of the water sample collected from the said water body on 20.07.2020 reveals that the Physico-chemical parameters analyzed satisfies the Inland surface water standards prescribed by the Board. Furthermore, the water sample collected from the Karanaipudhucheri Lake analyzed for Bacteriological parameter (Faecal Coliform) meets the Primary Water Quality Criteria for Bathing Waters prescribed by Central Pollution Control Board.
RECOMMENDATIONS:
The Joint Committee has considered the remedial measures and the action taken report submitted by the Block Development Officer, Kattankolathur Panchayat Union and has suggested the following recommendations:
vii. The local body shall expedite the process of remedial measures as suggested above and shall be in letter and spirit and the time line shall be followed in strict sense, without any further delay. viii. The local body shall ensure 100% collection of solid waste being generated within its jurisdiction by adopting door to door collection of the segregated solid waste, processing and disposal.
ix. The Block Development Officer, Kattankolathur Panchayat Union shall monitor and ensure that the local body is complied with the statutory requirements and for the scientific disposal of solid waste that are being generated in the local body.
x. The Block Development Officer, Kattankolathur Panchayat Union shall ensure that there is no discharge of sewage and no dumping of solid waste from the local body area into the said water body.[15]
xi. The Local body in co-ordination with Revenue authorities shall take necessary steps for the speedy eviction of encroachment in the water body within 3 months.
xii. Tamil Nadu Pollution Control Board shall conduct periodical inspection / surprise inspection of the site in question and ensure that the local body is handling the sewage and solid waste in accordance with law.
The Block Development District Environmental Engineer, RDO, District Collector, Officer, TNPC Board, Tambaram Chengalpet District Kattankolathur Maraimalainagar Panchayat Union, Kattankolathur
5. This Tribunal also considered the report submitted on behalf of the Pollution Control Board and extracted as follows:
REPORT FILED ON BEHALF OF THE TAMIL NADU POLLUTION CONTROL BOARD I, S. Ragupathi, son of Thiru. R. Sanganan, aged about 56 years, having my office at No. 76, Mount Salai, Guindy, Chennai - 600 032, do hereby solemnly affirm and sincerely state as follows:-
I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai and I am filing this Report on behalf of the Respondent TNPC Board and as such I am well acquainted with the facts of the case as per records.
It is respectfully submitted that the Hon'ble National Green Tribunal (Southern Zone) in its order dated 29.01.2020 has constituted a Joint Committee comprising of District Collector, Chengalpattu District, Secretary, Urapakkam Panchayat and Tamil Nadu State Pollution Control Board and directed as follows:-[16]
"to go to the allegation in the report and submit a factual and action report. If there are any violations or encroachment and deposition of waste and discharge of untreated effluent contaminating the water amounting to an amount to an offence under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and also as per the provisions of the Solid Waste Management Rules read with Environment Protection Act, then take action against them in accordance with law".
It is respectfully submitted that in compliance of the direction of the Hon'ble National Greeen Tribunal (SZ), the Joint Committee as constituted has carried out the inspection in the area in question on 07.03.2020, 20.07.2020 and 01.08.2020 and the inspection report of the joint committee was submitted before the Hon'ble NGT (SZ), Chennai.
It is further submitted that, the Hon'ble NGT (SZ) in its order dated 03.11.2020 has stated that "The Pollution Control Board has also got a responsibility under the Water (Prevention & Control of Pollution) Act, 1974 and Solid Waste Management Rules, 2016 to inspect the water bodies independently and take action against those persons who are discharging the effluents as well as sewage into the water bodies without treatment.
Inspite of that they also did not come with any independent response by exercising their powers provided under the respective pollution laws. They could have atleast inspected the area and take water samples and submitted a status report so as to enable this Tribunal to give further directions in this regard".
It is respectfully submitted that, in order comply the order of the Hon'ble National Green Tribunal (SZ), water samples were already collected from the Karanaipudhucheri Lake on 20.07.2020 and the detail of the report of analysis is submitted as follows:
[17]Statement showing the value of the Physico chemical parameters analyzed Sl.No Parameters Units Point of collection TNPCB Standards Karanaipudhucheri (Inland Lake Surface Water) 1 pH @ 25oC No. 7.06 5.5-9 2 Total Suspended mg/L 30 100 Solids @ 105oC 3 Total Dissolved mg/L 477 2100 Solids @ 180oC
4. D.O mg/L 6.20 5mg/l and above 5 BOD @ 27oC mg/L 16 30 6 COD mg/L 200 250 7 Copper as Cu mg/L <0.033 3 8 Zinc as Zn mg/L <0.01 1 9 Cadmium as Cd mg/L <0.013 2 10 Lead as Pb mg/L <0.07 0.1 11 Nickel as Ni mg/L <0.05 3 12 Total Chromium Cr mg/L <0.05 2 13 Hexavalent mg/L <0.05 0.1 Chromium Cr+6 Statement showing the value of the Bacteriological parameters analyzed Sl.No Parameters Units Primary Water Point of collection Quality Criteria for Karanaipudhucheri Bathing Waters Lake prescribed by Central Pollution Control Board 1 Total Coliform MPN 500 or less. 110 /100 ml [18] 2 Faecal MPN 500 (desirable) <1.8 Coliform 2500 (Maximum /100 ml Permissible) It is respectfully submitted that the Report of analysis of the water sample collected from the said water body on 20.07.2020 reveals that the Physico-chemical parameters analyzed satisfies the Inland surface water standards prescribed by the Board. Furthermore, the water sample collected from the Karanaipudhucheri Lake analyzed for Bacteriological parameter (Faecal Coliform) meets the Primary Water Quality Criteria for Bathing Waters prescribed by Central Pollution Control Board.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice."
Thereafter, passed the following order:
"It is seen from the report that they have conducted the water analysis from the Karanaipudhucheri Lake and it was mentioned that it meets the Primary Water Quality Criteria for bathing waters prescribed by the Central Pollution Control Board.
7. The Joint Committee Report shows that certain steps have been taken and the waste that has been dumped inside the lake was removed and no further dumping is done. They also provided warning board preventing dumping of waste inside the lake area and awareness programmes are also being conducted for the purpose of implementation of the Solid Waste Management Rules, 2016 within the Panchayat. It is also mentioned regarding the present status that [19] de silting and cleaning of the bushes and strengthening of bunds in the said lake is proposed to be carried out under CSR Scheme with the help of Environmentalist Foundation of India with an estimated cost of Rs.32.37 Lakhs and the same work will be completed within three months. They also proposed to do certain work under various schemes providing outer time limit for completion of the same within three months. They also mentioned that the survey was conducted and encroachments were demarcated and eviction will be carried out within three months. It is also mentioned that they propose to have micro composting centres to handle the bio degradable waste and also fencing of the lake on the eastern corner of the lake to prevent the dumping of solid waste. So considering the circumstances, the learned counsel for the State of Tamil Nadu as well as local bodies submitted that action is being taken to remove the encroachment and restore the water body and if some time is granted, they will come with proper compliance report regarding the direction issued by this Tribunal. The learned counsel appearing for the State Departments submitted that compliance of the recommendations has to be done by the Block Development Officer, Kattankulathur.
8. Considering the circumstances, we feel that some more time can be given to the respondents to come with a proper compliance report of the work done by them to restore the water body against pollution and encroachment and what are all the steps taken by them to prevent further encroachments in that area. The compliance report of the State departments and also of the local bodies are directed to be submitted before this Tribunal on or before 9.3.2021 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.[20]
and posted the case for consideration of compliance report.
6. When the matter came up for hearing today through Video Conference, Dr. V.R. Thirunarayanan represented respondents 1 and 4 and Sri. C. Kasirajan through Mr. Ajith Kumar represented respondents 2 and 3.
7. We have received the Joint Committee report dated „nil‟ e-filed on 8.3.2021 and received today which reads as follows:
"INSPECTION REPORT OF THE JOINT COMMITTEE CONSTITUTED BY THE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE) IN RESPECT OF O.A NO.18 OF 2020 IN THE MATTER OF: TRIBUNAL ON ITS OWN MOTION SUO MOTU BASED ON THE NEWS ITEM IN THE NEW INDIAN EXPRESS, CHENNAI EDITION DT 27.01.2020. ÜRAPAKKAM RESIDENTS BRAVE DEATH THREATS, TURN CESSPOOL INTO LAKE The Hon'ble National Green Tribunal (NGT), Southern Zone(SZ), Chennai in its order dated 29.01.2020 in Original Application No.18 of 2020 has constituted a Joint Committee comprising of the (1) District Collector, Chengalpet District, (2) Secretary, Urapakkam Panchayat and (3)Tamil Nadu State Pollution Control Board and directed as follows:-
"to go to the allegation in the report and submit a factual report. If there are any violations or encroachment and deposition of waste and discharge of untreated effluent contaminating the water amounting to an amount to an offence under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and also as per the provisions of the Solid Waste Management Rules read with Environment Protection Act, then take action against them in accordance with law. The committee should also consider the question of preparing an action plan for restoring of the water body with specific timeline within which the same can be completed to restore and protect the water body from encroachment and contamination and also take appropriate action against those persons who are violating the same including imposition of Environmental compensations and submit the report to this Tribunal within a period of two months.
In compliance of the direction of the Hon'ble National Greeen Tribunal (SZ), the Joint Committee as constituted has carried out the inspection in the area in question on 07.03.2020, 20.07.2020 and 01.08.2020 and the inspection report of the joint committee was submitted before the Hon'ble NGT (SZ)."
Further, the Hon'ble NGT (SZ) in its order dated 04.01.2021 has stated the following "Though, certain long term and short term measures have been provided, there was no specific timeline provided within which the same can be completed. As a short term remedy, the solid waste dumped in the above said lake has to be cleared by doing Bio- mining within a period of 2 (TWO) months. The report is dated 08.08.2020 and it is not known as to what is the present stage of the same"
"Further, it is also mentioned that there are certain encroachments on the northern side of the lake and it is not known as to the steps taken by the authorities for removing all the encroachments to protect the water body against the encroachment"[21]
"Though, it was mentioned that there are certain proposals for de-silting and cleaning the bushes and strengthening the bunds of the lake so as to protect the water body, but it is not known as to what is the present stage of the same as well"
"So under such circumstances, we feel it appropriate to direct the committee to conduct the inspection again and submit a present status of the lake. The Kattankolathur Panchayat Union is also directed to submit their independent response regarding the steps to be taken on the basis of the recommendations and the long term and short term remedies provided for protecting the water body as undertaken by them before the committee with specific timeline within which each activity will be completed by them"
"The District Collector, Chengalpattu is also directed to submit an independent response as to what are all the steps taken by them for removal of the encroachments found in the water body to protect the same against the encroachments."
"The Pollution Control Board is also directed to submit their action taken report against the Panchayat for not complying with the Solid Waste Management Rules, 2016 as directed by 7the Principal Bench of National Green Tribunal, New Delhi in O.A No. 606 of 2018 and also for discharging the sewage into the water body without proper treatment which itself is an offence under the water (Prevention and Control of Pollution) Act, 1974."
"The committee as well as the local body, the District Collector, Chengalpattu and also the Pollution Control Board are directed to submit a further action taken report regarding the implementation of the Solid Waste Management Rules, 2016 respectively before this Tribunal on or before 02.02.2021 by e-filing".
In due compliance to the Hon'ble NGT (SZ) order dated 04.01.2021, the joint committee constituted by the Hon'ble NGT (SZ) has submitted its report before the Hon'ble NGT (SZ). Further, the Hon'ble NGT (SZ) in its order dated 02.02.2021 has stated "Considering the circumstances, we feel that some more time can be given to the respondents to come with a proper compliance report of the work done by them to restore the water body against pollution and encroachment and what are all the steps taken by them to prevent further encroachments in that area. The compliance report of the State departments and also of the local bodies are directed to be submitted before this Tribunal on or before 9.3.2021 by e-filing"
In due compliance to the Hon'ble NGT (SZ) order dated 02.02.2021, the further compliance report on the action taken on the short term and long term remedies is furnished below Action taken on the short term remedies and long term remedies as mentioned in the Joint Inspection report dated 31.01.2021 submitted before the Hon'ble NGT (SZ) in OA No.18 of 2020 S.No Short Term Remedies mentioned in the Joint Present Status Inspection report dated 31.01.2021
1. Solid waste (legacy) dumped in the above said The solid waste dumped earlier was cleared site (Survey no 388/A) will be cleared by from the site and no fresh dumping is carried carrying out Bio mining within the period of out in the said location and also the local two Months. body has provided wired fencing in a portion of the eastern side of the water body (Photographs enclosed).
2. Sanitary staffs will be posted in the said site Sanitary staffs are posted in the said site throughout the day. throughout the day.
3. During the night time, sanitary staffs will be Sanitary staffs on shift basis carry out night posted to carry out monitoring activities to patrolling to monitor the dumping of solid prevent any further dumping of wastes. wastes in the area in question regularly
4. Village Panchayat of Karanaipudhucheri will Notices were issued to the violators for [22] be issuing notices to the households regarding dumping of solid wastes in the said area in not to dump the wastes and liquid waste question.
(sewage) on the road side leading to the Lake and also with instruction to the public to provide septic tank and soak pit in their houses respectively to prevent the sewage being discharged into the Lake.
5. Persons dumping solid waste in the road side Notices were issued to the violators for will be identified and fine will be imposed. Due dumping of solid wastes in the said area in to this, the instances of dumping of wastes in question. In case of violation, fine will be public places other than the designated areas imposed on the violators. for the deposited of solid wastes will be reduced to a great extent
6. Warning boards will be installed to prevent the Warning boards were placed at the Garbage dumping of the solid wastes. Vulnerable Points to prevent the dumping of the solid wastes.
7. In addition, sanitary workers will be deputed In addition to the existing sanitary workers, 2 as a special step to remove the non- sanitary workers on contract basis were biodegradable wastes from the Garbage engaged for the monitoring of the dumping of Vulnerable Points (GVP) and from the vacant solid wastes in said water body. private lands and to prevent further dumping of wastes in the road sides across the panchayat area.
8. Pamphlets will be issued in the locality Pamphlets were issued in the locality regarding the source segregation of the solid regarding source segregation of the solid wastes and the public will be encouraged to wastes and the public were encouraged to deposit only segregated wastes in the deposit only segregated wastes. respective area. The sanitary supervisors will be conducting various demonstrations regarding the segregation of the wastes and the home compositing process will also be demonstrated to the residents in all the residential areas.
9 The Village Panchayat has provided 5 Nos of 5 Nos of community soak pits at the northern
community soak pits at the northern bund of bund of the Lake were provided to handle the
the Lake to handle the sewage discharged from sewage discharged from the residences
the residences thereby preventing the same thereby preventing the same entering into the
entering into the Lake. Lake.
S.No Long Term Remedies mentioned in the Joint Present Status
Inspection report dated 31.01.2021
1 Door to Door Collection will be made 100% Implemented 100% of Door to Door
Segregated Municipal Solid Waste will be Collection of Municipal Solid Waste and the
collected and the collection of garbage shall collection of garbage shall commence at 6am
commence at 6am and the daily operations and the daily operations shall close by 2p.m
shall close by 2p.m
2 Total generation of solid waste is 1.00 MT. The total generation of solid waste in the said
Segregated Biodegradable waste will be Village Panchayat is 1.00 MT and the plastic
composted by providing a Micro Composting wastes were collected and sent for recycling.
Centre and non degradable waste including Also for the treatment of bio degradable
plastic waste will be collected and will be sent waste the local body was establishing a Micro
to cement factories for co processing Composting Centre at SF No.205, Urapakkam
Village, Vandalur Taluk, Chengalpattu
District in an extent of about 0.6Acre and the
[23]
above said facility will be completed and
commissioned within a period of 1 month for
handling the bio degradable waste generated
from the Urapakkam and Karanaipudhucheri
Panchayat area.
3 Micro composting centre is proposed to be set For the treatment of bio degradable waste the
up to handle the bio degradable waste. local body was establishing a Micro
Necessary sanctions had been obtained for an Composting Centre at SF No.205, Urapakkam
estimated cost Rs 24.40 lakhs to prepare bio Village, Vandalur Taluk, Chengalpattu
organic manure and also proposed to have a District in an extent of about 0.6Acre and the
segregation shed to ensure proper segregation. above said facility will be completed and
The above said facility will be established commissioned within a period of 1 month for
within a period of three months. handling the bio degradable waste generated
from the Urapakkam and Karanaipudhucheri
Panchayat area.
4 It is proposed to provide fencing in the eastern Fencing in the eastern corner of the Lake so corner of the Lake so as to prevent the public as to prevent the public dumping the solid dumping the solid waste. This work will be waste was completed (Photograph enclosed). completed within three months.
5 3 Green Friends (sanitary workers) with hired Sanitary workers on contract basis had been tractor shall be deployed to collect wastes hired in addition to the existing man power from every household and one LCV to cover along with a tractor to handle the solid waste households on a daily basis supported by 3 E generated within the village panchayat area. Carts and 3 push carts fitted with 4 bins (30ltrs) to handle the biodegradable, recyclable and domestic hazardous wastes separately.
6 De-silting and cleaning of the bushes and De-silting and cleaning of the bushes and strengthening of bunds in the said Lake is strengthening of bunds in the said Lake is proposed to be carried out under CSR Scheme proposed to be carried out under CSR Scheme with help of Environmentalist Foundation of with help of Environmentalist Foundation of India (EFI) with an estimate cost of Rs 32.37 India (EFI) with an estimate cost of Rs 32.37 Lakhs. Lakhs and the same work will be completed within 3 months.
7 Proposed to construct a Cement Concrete The proposal sent MGNRESGS Scheme 2020- Drain to a Length of 405m with Horizontal 21 at the Estimate amount of Rs.11, 57,100/- Filter to treat the sewage generated from the for the construction of cement concrete drain residences and the treated sewage will only be to a length of 700m with Horizontal Filter to discharged into the Lake. treat the sewage generated from the residences will be completed within 2 months.
8 The eviction of encroachment in the lake will Officials from the Tamil Nadu Slum be carried out by approaching the Revenue Clearance Board had inspected the area in authorities. question and demarcation of the encroachments was done.
Also, officials from Revenue department have inspected the site for identification of the encroachment and they have identified about 562 Nos. of houses as encroachment in the Northern side of the Lake and the same will be evicted within a period of 6 months.[24]
Observations:
The committee as constituted by the Hon'ble National Green Tribunal (South Zone) has inspected the said area in question on 06.03.2021 and the following observations were made
12. The solid waste dumped earlier in the fringes of the eastern corner of the Karanaipudhucheri Lake was found cleared from the said location and no fresh dumping was noticed.
13. The local body has provided fencing in a portion of the eastern side of the Lake to prevent the dumping of solid wastes.
14. The local body has provided 5 Nos. of community soak pits at the nothern bund of the Lake to handle the sewage discharged from the residences and to prevent the sewage entering into the Lake.
15. No discharge of industrial effluent into the said water body was noticed.
16. Encroachment was noticed in the northern side of the lake and as ascertained the revenue authorities have made assessment of the encroachment in the said water body.
17. The local body was found establishing a Micro Composting Centre (MCC) at SF No.205, Urapakkam Village, Vandalur Taluk, Chengalpattu District to handle the bio degradable waste generated from the Urapakkam and Karanaipudhucheri village areas.
Photographs taken during the inspection by the Joint Committee constituted by the Hon'ble National Green Tribunal (Southern Zone) in OA No.18 of 2020 at Karanaipudhucheri Lake ( Urapakkam Village)
a) Eastern side of the Karanaipudhucheri Lake
b)Fencing provided on the eastern side of the Karanaipudhucheri Lake
c)Establishment of a Micro Composting Centre at Urapakkam
d)Establishment of a Micro Composting Centre at Urapakkam (Another view)
f)Fencing ( metal cladding) provided around the proposed MCC Centre at Urapakkam Recommendation:
The Joint Committee has considered the remedial measures and the action taken report submitted by the Block Development Officer, Kattankolathur Panchayat Union and has suggested the following recommendations:
xiii. The local body shall expedite the process of remedial measures as suggested above and shall be in letter and spirit and the time line shall be followed in strict sense, without any further delay. xiv. The local body shall ensure 100% collection of solid waste being generated within its jurisdiction by adopting door to door collection of the segregated solid waste, processing and disposal within 3 months. xv. The Block Development Officer, Kattankolathur Panchayat Union shall monitor and ensure that the local body is complied with the statutory requirements and for the scientific disposal of solid waste that are being generated in the local body.
xvi. The Block Development Officer, Kattankolathur Panchayat Union shall ensure that there is no discharge of sewage and dumping of solid waste from the local body area into the said water body.
xvii. The Local body in co ordination with Revenue authorities shall take necessary steps for the eviction of encroachment in the water body within 6 months.[25]
xviii. The Block Development Officer, Kattankolathur Panchayat Union shall apply and obtain authorization under the Solid Waste Management Rules, 2016 for handling bio degradable waste within 2 months. xix. Tamil Nadu Pollution Control Board shall conduct periodical inspection of the site in question and ensure that the local body is handling the sewage and solid waste in accordance with law.
xx. The local body shall ensure that the de-silting, cleaning of the bushes and strengthening of bunds in the said Lake under CSR Scheme with help of Environmentalist Foundation of India (EFI) to be completed within 3 months.
xxi. The local body shall ensure that the Cement Concrete Drain to a Length of 405m with Horizontal Filter to treat the sewage generated from the residences will be completed within 2 months and shall ensure that only treated sewage is discharged into the said Lake Block Development District Environmental Revenue District Officer, Engineer, Divisional Collector, Kattankolathur TNPC Board, Officer, Chengalpet Panchayat Union, Maraimalainagar Tambaram. District Kattankolathur
8. The Pollution Control Board also filed an independent report which is nothing but the repetition of the Joint Committee report. So we are not repeating the same in the judgment.
9. It is seen from the report that certain improvements have been made and certain recommendations have been given. Considering the circumstances, we feel that accepting the latest report of the Joint Committee and the recommendations, the application can be disposed of by giving certain directions.
10. So the application is disposed of as follows:
(i)The Joint Committee Report dated „nil‟, e-filed on 8.3.2021 is recorded and the recommendations are accepted.
(ii) The respective authorities mentioned in the report are directed to carry out the recommendations in its letter and spirit within the time line specified therein and submit the periodical compliance report to this Tribunal within a period of three months.[26]
(iii) The District Collector, Chengalpet is directed to monitor the compliance of the recommendations and provide necessary assistance if any required from their side for implementation of the recommendations.
(iv) The revenue authorities are to give necessary assistance to the local body to remove the encroachment by conducting necessary survey and initiate proceedings for eviction in accordance with law within the time line specified therein.
(v) The Pollution Control Board is directed to monitor the implementation of the Solid Waste Management Rues, 2016 and discharge of sewage or untreated effluents into the water body and if any violation is found, take appropriate action against those violators in accordance with law. The Pollution Control Board is also directed to implement the directions issued by the Principal Bench of the National Green Tribunal in O.A.No.606 of 2018 and if there is non compliance of any of the directions of the Principal Bench of the National Green Tribunal, then the Pollution Control Board is directed to take steps to implement the directions in its letter and spirit and take action against the responsible persons and recover compensation if any, payable for non compliance of the directions in that case.
(vi) The official respondents are directed to file their respective compliance report regarding the progress of the work as recommended by this Tribunal once in three months, till the entire work is completed as recommended.
11. The Registry is directed to communicate this order to the official respondents, Chief Secretary, State of Tamil Nadu, Secretary to Government, Local Administration Department, Secretary to Government, Public Works Department, Secretary to Government, Irrigation Department, Pollution Control Board and the District Collector , Chengalpet District for their information and compliance of the directions.
[27]12. The office is directed to place the periodical compliance report before this Tribunal as and when received for consideration and issuing further directions in this regard.
With the above directions and observations, the application is disposed of.
...................................J.M. (Justice K. Ramakrishnan) ...............................E.M. (Shri. Saibal Dasgupta) O.A. No.18/2020 9.3.2021 Kkr [28]