National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Govt. Of ... on 12 May, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.2:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.67of 2020(SZ)
IN THE MATTER OF:
Tribunal on its own motion -
SUO MOTUbased on the News Item in Dinamalar,
Chennai edition dated 09.05.2020,"Life returns to
Normal, dye effluents start flowing in drains."
. ...Applicant(s)
With
The Chief Secretary to Government of
Tamil Nadu, Govt Secretariat, Fort St. George
Chennai, Tamil Nadu and others.
....Respondent(s)
Date of hearing:12.05.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER For Applicant(s) By Court For Respondent(s): Sri. SN Parthasarathy for R1 to R4 and R6 represents through Mr. Mani Gopi.
Sri. Kasi Rajan for R5 through Mr. Saravanan.
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ORDERS
1. The above case has been SuoMotu registered by this Tribunal on the basis of the paper report published in Dinamalar - News paper Chennai Edition dated 09.05.2020 under the caption "Life returns to normal, dye effluents start flowing in drain" (jpUk;gpaJ ,ay;Gtho;f;if Xilapy; XLJ rhaf;fopT)
2. It is alleged in the report that due to lock down dye, washing, printing and leather units have been closed in Erode Corporation District for the past 45 days, since 24th March. As a result Cauvery had become clean since industrial effluents were not dumped through Kaalingarayan and Bhavani rivers. People used Cauvery water for drinking as the water has become clean.
3. At present, due to relaxation in lock down, the dyeing, washing and leather industries are getting ready to start functioning. The untreated industrial effluents collected and stored before March 24th are being let out through Pichaikaranpallam drain.
4. It is also alleged in the report that the sewage water is also flowing with foam and forth emanating heavy odour. This water directly mixes with Cauvery River. As a result, the Cauvery, Kalingarayan waters which flow clean at present will be badly affected.
5. On going through the report, we are satisfied that there arises a substantial question of environment for interference of this Tribunal for giving necessary direction to solve the problem. 2
6. When the matter was taken up for admission through Video Conference, Sri. Kamalesh Kannan who normally represents Government Departments in some other matters submitted that there is already a case Suo Motu taken by this Tribunal as Original application 52 of 2020 and a committee has been already constituted to look into the matter and the case is posted to 15.05.2020 for filing of report.
7. We have perused the order dated 03.03.2020 in Original Application No. 52 of 2020, where Sri. S.N. Parthasarathy entered appearance for the State authorities namely Respondents 1,2,3,4 and 6. Sri. Kasirajan entered appearance for Respondent 5 for Tamil Nadu Pollution Control Board who was shown as the 7th Respondent in the earlier case.
8. So, we feel that they can be treated as appearing in this case also for the official respondents who alone were made to the parties to the proceedings. As regards Commissioner Erode City Municipal Corporation, we can order notice.
9. The Registry is directed to issue notice to the official respondents along with this order and paper report.
10. As per order dated 03.03.2020 in Original application No. 52 of 2020, this Tribunal had constituted a Joint Committee comprising of the District Collector, Erode District, District Collector, 3 Namakkal District, The Tamil Nadu Pollution Control Board, Engineer-in-Chief, Water Resources Organisation (WRO) & Chief Engineer (General) Public Works Department (PWD), Superintending Engineer, Public Works Department, (PWD), Water Resources Organisation (WRO), Upper Cauvery Basin Circle, Superintending Engineer Public Works Department (PWD), Water Resources Organisation (WRO), Bhavani Basin Circle, Municipal Commissioner, Erode Municipal Corporation and Municipal Commissioner, Pallipalayam Municipality to look into the matter and submit a detailed status and action taken report regarding the allegation in the report. They are expected to inspect the area in question including the units responsible for discharge of effluents into the water body to ascertain as to whether inlet and outlet from the Effluent Treatment Plants maintained by them are as per environmental norms and if there is any violation found, they are expected to take action against those violators including initiating prosecution and also by imposing environmental compensation as directed by this Tribunal in several decisions of this nature by applying the guidelines provided by the Central Pollution Control Board in this regard.
11. They are also directed to collect the water sample from the water body and ascertain the quality of water and if it is polluted and is 4 not in conformity with quality of drinking water, suggest the remedial measures to solve the same and include the same in the report.
12. The water quality analysis must contain not only Bio Chemical Oxygen Demand (BOD), Chemical Oxygen Demand (COD) and the Potential of Hydrogen (PH) value but also the other aspects, including the total Coliform and the Faecal Coliform and the heavy prohibited metals in the water which affects the health indirectly.
13. They may also trace out the sources for contamination and provide necessary suggestions and recommendation as to how this can be prevented in future as well.
14. The Engineer-in-Chief, Water Resources Organisation (WRO) and Chief Engineer (General) Public Works Department was designated as nodal agency for co-ordination and for providing all necessary logistics for this purpose.
15. The committee was directed to file the report to this Tribunal within a period of two months and posted that case to 15.05.2020 for consideration of report.
16. Considering the circumstances we feel that this issue is in respect of Erode District, and is also taken care of by this Tribunal in the above case. Further, when committee has already been constituted by this Tribunal to look in to the larger issue in 5 respect of two districts namely Erode and Namakkal,of water pollution in river Cauvery & Bhavani,we feel it appropriate that the same committee can look in to this issue as well and submit a consolidated report in respect of both the cases.So we direct the same committee constituted in Original Application No. 52 of 2020 to look in to this issue as well and file a report.
17. The committee is also directed to ascertain as to whether there are any illegal methods adopted by any of the industries to discharge the untreated effluents into the water body in a clandestine manner by using underground pipe etc as well.
18. The Registry is directed to communicate this order to the committee constituted in Original Application No. 52 of 2020 along with the copy of this order and the paper report.
19. Post the case along with Original Application No. 52 of 2020 on 15.05.2020 on which date that case is now listed through Video Conference.
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20. Post on 15.05.2020.
...................................J.M. (Justice K. Ramakrishnan) .............................E.M. (Shri. Saibal Dasgupta) O. A. No. 67/2020 & 12thMay, 2020.
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