National Green Tribunal
Jawaharlal Shanmugam &Quot Ramaniyam- ... vs Tamil Nadu State Pollution Control ... on 27 April, 2017
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Application No. 299 of 2013 (SZ) (Suo Motu)
Applicant(s) Respondent(s)
Tribunal on its own motion on the Vs. (1) The Principal Secretary, News item reported in "the Hindu" dated Environment and Forests, Govt of 25.10.2013 about beach at Adyar Estuary Tamil Nadu, Chennai with trash, rubble.
(2) The Secretary, PWD, Chennai (3) The Commissioner, Corporation of Chennai, Chennai.
(4) The Chairman, TNPCB, Chennai (5) The Member Secretary, Tamil Nadu Coastal Zone Management Authority, Chennai Legal Practitioner for Applicant(s) Legal Practitioners for Respondents M/s. M.K. Subramanian E.Manoharan & P.Velmani for R-1, R-2 & R-5 Shri R. Suryaprakash & Vidhyalakshmi Vipin for R-3 Mrs.Rita Chandrasekar for R4 Application No. 164 of 2014 (SZ) Applicant(s) Respondent(s) P. Edwin Wilson, Vs. The State of Tamil Nadu, Purasawalkam, Chennai. Rep. by its Chief Secretary & others Legal Practitioner for Applicant(s) Legal Practitioner for Respondent(s) M/s. Syed Azam Mohammed and M/s. M.K. Subramanian, P.Velmani A.M. Sindhuja & E.Mahoharan for R1 to R4 and R-6, R7 and R15 Mr.R. Suriyaprakash for R-5 Mrs. Me.Saraswathi for R-8 Mrs. Rita Chandrasekar for R-9 Shri. R. Janakiraman for R-10 M/s. R. Senthil Kumar and Raghavendra Ross Divakar for R-11 Mr. B. Manoharan for R-12 M/s. P. Gnanasekaran for R-13 Sri. D.S. Ekambaram for R-14 M/s.C.Ramesh, C.Balaji for R16 M/s.P.Rathenavel, C.Mariappan, M.Ezilarasan & C.Sundaramoorthy for R17 & R18 Mr.Stanly Hebzon Singh for R19 M/s.S.Ratnasabapathy & Shiva Kumar for R20 to R24 Application No.164 of 2015 (SZ) Applicant(s) Respondent(s) Jawaharlal Shanmugam Vs. Tamil Nadu State Pollution Control Board 72/144, Lattice Bridge Road, rep. by its Chairman Tiruvanmiyur, Chennai 600041 No.76, Anna Salai, Guindy, Chennai 32
2. The Principal Secretary, Public Works Department, Government of Tamilnadu, Secretariat, Fort St.George, Chennai 600009
3. The Managing Director, Chennai Metropolitan Water Supply Sewerage Board, No.1, Pumping Station Road, Chindatripet, Chennai 600002
4. The Chairman, Inland Waterways Authority Of India, (Ministry of Shipping), A-13, Sector-1 Noida, Uttar Pradesh
5. Corporation of Chennai rep. by its Commissioner, Ribbon Building, Chennai-3
6. Chennai River Restoration Trust (CRRT) Rep. by its Member Secretary, Government of Tamil Nadu Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s.G.Velmurugan, Mrs.Yasmeen Ali for R1 Girija Velmurugan & K.S.Elangovan M/s.M.K.Subramanian, E.Manoharan & P.Velmani for R2, R3 & R6 Mr.Surya Prakash for R5 M/s.Su.Srinivasan for R4 Application No. 130 of 2016 (SZ) Applicant(s) Respondent(s) S.Muthumeena 1. The Secretary to Government, No.58 B Back Lakshmi Nivas Flat Public Works Department, Government of Marshall Road, Egmore, Chennai Tamilnadu, Secretariat, Fort St.George, Chennai 600009
2. The Chief Engineer, Water Resource Organisation, Public Works Department, Chepauk, Chennai 600005
3. The Executive Engineer, Public Works Department, Government of Tamilnadu, Secretariat, Fort St.George, Chennai 600009
4. Tamil Nadu State Pollution Control Board rep. by its Chairman No.76, Anna Salai, Guindy, Chennai 32
5. The District Environmental Engineer, Tamil Nadu State Pollution Control Board No.6/1, Murugesan Street, Arumbakkam, Chennai 600106
6. The Commissioner, Corporation of Chennai Ribbon Building, Chennai
7. The Chairman, Tamil Nadu Electricity Board No.190, Anna Salai, Chennai Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s.Tamizh Law Firm M/s.M.K.Subramanian, E.Manoharan R.Amardeep & T.Arunkumar and P.Velmani for R1 to R3 Mr.A.Ilango for R4 & R5 Mr.Surya Prakash for R6 Mr.Gnanasekaran for R7 Note of the Orders of the Tribunal Registry Item No.11 Date: 27th April, 2017 to 14 The learned Government Pleader has filed an affidavit of the Special Secretary to Government, Municipal Administration & Water Supply Department dated 26th April, 2017 enclosing the minutes of review meetings dated 06.04.2017 conducted by the Chief Secretary, being the Chairperson of Chennai River Restoration Trust. The affidavit narrates the steps taken regarding the restoration of Cooum river. It is stated that as per the detailed eco-restoration plan, put up for implementation, there are about 69 activities to be performed in total. In the 1st phase, 60 activities are to be performed in three years period. In the 2nd phase, 7 activities are to be performed between the period of 4 to 8 years. In the 3rd phase, maintenance activities are to be performed, after the restoration process is completed. Thus, the restoration is expected to be completed in a period of 8 years, out of which major activities will be completed in a span of 3 years. For the 60 sub-projects, administrative sanction has been granted by the Government of Tamilnadu vide G.O.(Ms) No.9, Municipal Administration and Water Supply (M.CI) Department, dated 13.2.2015.
The affidavit also narrates various activities as completed in respect of Cooum River Eco-Restoration Plan as it was discussed in the review meeting conducted by the Chief Secretary on 6.4.2017 which includes various activities done by Public Works Department which is for the purpose of enhancing free flow of water during monsoon and also to maintain minimum ecological flow of water in the Cooum river and also desilting. It is stated that the desilting process of Cooum river from river mouth to Chetpet Bridge will be started once CRZ clearance is issued and the proposal has already been sent to MoEF & CC and in our previous order dated 15.3.2017 we have referred that the matter has been appraised by the Expert Appraisal Committee (EAC) of the MoEF & CC in its 164th meeting held on1.12.2016.
It is also stated that desilting has been completed for 5340 m out of 6263 m between Chetpet bridge and Padi Kuppam. Further, the execution of canal, provision of rip rap and laying of geo-textile have been completed for 4,800 m out of 6263 m. Desilting has been completed for 4,400 m from Padi Kuppam Causeway to Vanagaram bridge. It is further stated that desilting has been completed for 4,000 m from Vanagaram bridge to Paruthipattu and execution of canal has been completed for 3,156 m out of the total extent of 4,999 m. It is further stated that demarcation of river boundary has been completed in the surveyed areas as follows:
Total Length Completed
(in m) Length (in M)
Inside City Limit 43480 43480
Outside City Limit 16144 16144
Grand total 59624 59624
In respect of the activity of the Greater Chennai Corporation under the Cooum restoration, it is stated that the Corporation has been entrusted with the task of park development, developing walkways, removal of solid waste and fencing. In respect of parks and walkways, it is stated that for all the 9 works which is a short term plan, Letter of Acceptance has been issued and 8 works will be commenced after obtaining CRZ clearance. One work outside the CRZ area will be taken up after the completing of laying of boundary stone, desilting and strengthening of bund by PWD. In so far as it relates to the removal of solid waste by the Greater Chennai Corporation, it is stated that the removal of accumulated solid waste on the banks of river was commenced on 28.8.2015 and so far about 26,934 MT of debris and 7060 MT of garbage have been cleared from the river banks.
Regarding fencing by the corporation, it is stated that the fencing work for protection of river banks has been commenced and the pile work near Padi Kuppam is in progress. It is stated that 38 nos. of piles were laid near Golden George Rathna Nagar Bridge and 32 nos. near Shan Royal Hotel Junction. Further, pile cap and grade beam concreting have been completed for 140 Rm.
In respect of commissioning of Booms, a pilot project has been successfully installed at one location i.e., downstream of Commander in Chief Bridge across Cooum river and tenders have been called for installation of booms in 9 other locations. In so far as it relates to the activities of Commissionerate of Municipal Administration (CMA) regarding Cooum restoration, it is stated that the CMA has been entrusted with the task of park development, removal of solid waste and fencing in Thiruverkadu Municipality. In so far as the removal of solid waste, it is stated that the Municipality has completed the removal of accumulated solid waste of 50 MT within their jurisdiction.
Regarding development of parks, the work at Rajankuppam and Sundarasolapuram will be started after resettlement and rehabilitation of encroachments. At Kaduvatti, a joint inspection will be undertaken by PWD and CMA for identification of vacant land. In so far as it relates to fencing to be done, it is stated that the Municipality has identified a stretch of 2.63 KM (out of 10.8 KM) where there are no encroachments fencing work has commenced in these areas and therefore 460 nos. of pile foundation and 330 nos. of pile cap work have been completed for a length of 530 m. Presently, column raising work is under progress from Paruthipattu bridge to Kaduvetti causeways on both sides of the river.
In so far as it relates to Chennai Metropolitan Water Supply and Sewerage Board regarding Cooum restoration, it is stated that the plugging of all the outfalls into the Cooum river and to provide interceptors and diversions and modular treatment plants along the river. Out of 10 interceptors and diversion works, work order has been issued for 8 works and in respect of the remaining two works re-tenders have been called for.and the work in respect of 8 interceptors is under progress. Regarding the work assigned, the Department of Rural Development (DRD) in respect of Cooum restoration, it is stated that the DRD is entrusted with the removal of solid waste, fencing and developing vegetation in Adyalampattu, Seeneerkuppam and Vanagaram Village Panchayats.
Regarding solid waste removal, it is stated that the work has been completed on the river bank in Seneerkuppam, Adyalampattu and Vanagaram Panchayats.
In so far as it relates to the fencing work in Adyalampattu Village Panchayat, it is stated that the Panchayat has already commenced and progress has been made in completing the work. In Seneerkuppam and Vanagaram Village Panchayats the fencing work is under progress. It is stated that in some areas boundary stones have been displaced and the work will be commenced as soon as the boundary stones are refixed by PWD. It is further stated that the DRD will take up the vegetation work after the completion of fencing.
The affidavit also speaks about the details of expenditure in implementing the sub-projects. Out of 604.77 Crores, works worth Rs.150.21 Crores have been initiated by the departments. Tender process for the projects worth Rs.13.86 Crores has also been initiated. Letters of acceptance have been issued by the departments for the works worth Rs.68.67 Crores and so far Rs.91.58 Crores have been disbursed to the implementing agencies. It is further stated that in respect of the areas which are intercepted by CRZ tidal zone, when once MoEF & CC passes appropriate orders of clearance, the work will be completed in respect of those areas also.
In the review meeting conducted by the Chief Secretary, Government of Tamil Nadu to review the progress of Integrated Cooum Restoration Project, as per the orders of this Tribunal, held on 6.4.2017 wherein it is noted down as follows:
"The Member Secretary, CRRT informed that three separate studies have been commenced for the preparation of DPR on the major drains draining into the Adyar River, Cooum River ad Buckingham Canal within CMA as listed below:
i.Preparation of Detailed Project Report for plugging of outfalls, Interception & Diversion of Sewage, Solid Waste Management and R&R in Major drains in Adyar Basin.
ii. Preparation of Detailed Project Report for Plugging of outfalls, Interception & Diversion of Sewage, Solid Waste Management and R&R in Major drains in Cooum Basin.
iii. Preparation of Detailed Project Report (DPR) for Restoration of Buckingham Canal in Chennai Metropolitan Area from Ennore Creek to Muttukadu Backwaters and all Major Drains draining into Buckingham Canal.'' From the above said statement recorded in the review meeting, it is clear that in so far as it relates to Cooum it is seen as per the DPR as it has been given in detail in the affidavit extracted above, the work is in progress.
However, in so far as it relates to the preparation of DPR for restoration of Buckhingam Canal in Chennai Metropolitan area from Ennore to Muttukkadu backwaters and all running into Buchingam Canal, there are no particulars given or discussed in the review meeting. Dr. S. Viswanathan, Environment Specialist, CRRT who is present in the Tribunal, would state that the M/s. NSS Associates has been chosen for the purpose of identifying the areas for restoration in respect of Buckhingam Canal and DRO has also been issued to them and according to the Scientist that it will take eight months time for the said NSS Associates to give its report. He also submits that on the report received from the said agency in respect of the place which are to be intercepted by CRZ, necessary steps will be taken through Government of Tamil Nadu for approaching MoEF & CC for getting clearance. He also states that in so far as Adayar basin for plugging of all the out falls of such solid waste management etc. the DRO has been completed and the same has been sent to the Government for according administrative sanction further proceedings will be proceeded with.
We direct the 1st respondent - Government to file a detailed affidavit in respect of these two viz., Adyar Basin and Buckhingam on the next date of hearing.
In our order dated 25.1.2017 we have referred to a report from the Indian Express dated 24.8.2016 wherein a complaint has been made that there has been construction of road over Muttukadu Lagoon to a length of 100 mts and the Central Institute of Brackish Water Aqua Culture has also complained that such illegal activities are being carried on in violation of CRZ Notification. We have directed the State Government to take note of the same and file a report.
Unfortunately even as on date such report has not been filed and the officials of PWD who are present are unable to inform as to whether such encroachment on the waterbodies has been removed or not. However, it is stated that the encroachment is made by the Fisheries Department. We direct the removal of the same forthwith and file a status report on the next date of hearing.
Post this application on 25.7.2017 .............................................., JM (Justice Dr. P. Jyothimani) ..............................................,EM (Shri P.S. Rao)