National Green Tribunal
National Green Tribunal Southern Zone vs The Government Of Tamilnadu Rep By Its ... on 1 September, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.13:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 02 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu based on the News Item in
Dinamalar Tamil newspaper,
"Velachery lake full due to Monsoon"
Plea for preventing sewage waste get
mixed in the lake.
...Applicant(s)
Versus
The Government of Tamil Nadu,
Rep. by its Chief Secretary and Ors.
...Respondent(s)
Date of hearing: 01.09.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): By Court.
For Respondent(s): M/s. S.N. Parthasarathi for R1 to R5.
M/s. C. Kasirajan through
M/s. Meena for R6.
M/s. Rema Devi through
M/s. Raghul Aditya for R7.
1
ORDER
1. As per order dated 10.01.2020, this Tribunal had taken Suo Motu proceeding on the basis of the newspaper report published in Dinamalar Daily dated, 08.01.2020 under the caption "gUt kioahy; epuk;gpa Ntsr;Nrup Vup> fopT ePu; fyg;gij jLf;f Nfhupf;if" and this Tribunal had constituted a Joint Committee to go into the question in respect of pollution caused to the Velachery Lake and directed them to submit a report and posted the case to 16.03.2020 for consideration of report.
2. On 16.03.2020, the matter was adjourned to 24.04.2020 for submission of report and on 24.04.2020, it was adjourned to 24.06.2020 and on 24.06.2020, again it was adjourned to 01.07.2020 by successive notifications.
3. On 01.07.2020, it was adjourned to today at the request of the official respondents, after expressing our displeasure in not executing the order in a speedy manner considering its importance and affecting the health.
4. When the matter came up for hearing today through Video Conference, Sri. S.N. Parthasarathi represented respondents No.1 to 5, Sri. C. Kasirajan through M/s. Meena represented 6 th respondent and Smt. P.T. Rema Devi through Sri. Raghul Aditya represented 7th respondent. So, service is complete.
25. We have received the report of the Joint Committee which reads as follows:-
"Inspection Notes of Joint Committee formulated on the Hon'ble National Green Tribunal (South Zone) in the Order of Original Application No. 2 of 2020.
Members of Joint Committee:
1. Er. R.Balasubramaniam, B.E., Superintending Engineer, South Chennai, Greater Chennai Corporation,
2. Er. C.Pothupanithilagam, B.E., Executive Engineer, P.W.D., W.R.D., (I/C) Lower Palar Basin Division, Kancheepuram.
3. Tmt. N.Lakshmi, Revenue Divisional Officer, South Chennai Division, Guindy, Chennai - 32.
4. Er. Murugan, B.E., Executive Engineer, Zone - 13, Greater Chennai Corporation.
5. Er. S.Vijayarajan, District Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai
6. Er. R.Pugalenthi, Area Engineer, Zone - 13 Chennai Metropolitan Water Supply and Sewage Board (CMWSSB), Adayar.
7. Er. G.R.Radhakrihsna, B.E., M.I.E., F.I.W.R.S., P.E., Assistant Executive Engineer, P.W.D., W.R.D., Lower Palar Basin Sub Division, Chengalpatu.
8. Er. D.Gujaraj, B.E., Assistant Engineer, P.W.D., W.R.D., Irrigation Section, Padappai.3
In accordance with the Hon'ble National Green Tribunal (South Zone), a joint committee was formed comprising members from the Line Departments. The nominated representatives of the Joint Inspection committee have inspected the Velachery Tank and its abutting area on 17.07.2020 for assessing the on field condition and to file the report to Hon'ble National Green Tribunal (South Zone). At onset the Joint Inspection Team was apprised about the following factual details of the Velachery Tank and present status of the Tank by the Executive Engineer, and Assistant Executive Engineer, W.R.D., Lower Palar Basin Division, Kancheepuram. The brief note on the narration is recorded below, The Velachery Tank in Velachery, Zone X of Chennai Corporation Limit is located at South-west to the Gundy National Park. It receives runoff from its free catchment area of 3.89Sq.km mainly comprise of Gundy National Park and some urban residential area in the northern and western sides of tank. The Velachery Tank was having original extent of 107.48Ha, which has diminished to 22.40 Ha due to allotment of tank area for various Government agencies as given below, Tamilnadu Housing Board : 21.44.81 Ha Tamilnadu Slum Clearance Board (approved) : 56.39.60 Ha Tamilnadu Slum Clearance Board (unapproved) : 3.17.27 Ha Highways Department : 0.04.06 Ha After the above said alienation of lands to TNHB and TNSCB the Tank's Hydraulic standards were revised as per the Honorable Madras High Court Order. A new regulator with surplus course was constructed for the following revised Hydraulic standards, 4 Full Tank Level (FTL) : (+) 6.550m Maximum Water Level (MWL) : (+) 6.970m Crest of the Surplus regulator : (+) 5.950m Length of tank bund & lined channel : 2420m&1970m Designed discharge of drain : 655 Cusecs Maximum Discharge -Velachery regulator : 445 Cusecs Due to reduced extent of Tank area by allotment of water spread area to housing projects and subsequent revision of Full Tank Level has reduced the storage capacity of the tank to about oneforth of its original capacity of 19.24 Mcft.
On the specific issue of Pollution to the lake by the way of letting untreated Sewage / Sullage into the Velachery Tank, the Joint Committee has inspected the following pollution points and the remarks of the members of the Committee is also recorded as follows,
1. Storm Drain near Velachery Bye-pass:
The storm Drain located at North Eastern part of Velachery Tank draining from North to South is constructed as Storm Water carrier for the local urban catchment of Ganapathy Nagar. But due to unauthorized letting of Sewage / Sullage into this Storm Drain, it is bringing in pollution load to the Velachery Tank. The Revenue Divisional Officer, Mambalam - Guindy have observed that the unauthorized Sewage / Sullage letting in should be immediately stopped and floating debris coming should be checked and also removed regularly. The Area Engineer, Chennai Metropolitan Water Supply and Sewage Board (CMWSSB) has reported that they have prepared a Detailed Project Report (DPR) for intercepting these drain and pump the sewage to the existing Pump Station then treat with the existing STP facility. The 5 average quantum of Sewage / Sullage flow in this channel is about 2 MLD as reported by Executive Engineer, Chennai Metropolitan Water Supply and Sewage Board.
2. Rajbhavan Drain:
This Drain is the major natural catchment drain brings rain water from the Forest area of Guindy Park / Rajbhavan area. While traversing through the urban area this drain is being polluted and bring in Sewage / Sullage flow from the adjacent residential colonies to the Tank.
3. Bhaveshwari Nagar / Kakkan Nagar Drain:
This is originally urban storm drain constructed for draining the storm water from the Kakkan Nagar and Bhaveshwari Nagar (Which is an encroachment area of Velachery Tank). The average quantum of Sewage / Sullage flow in this channel is about 1 MLD as reported by Area Engineer, CMWSSB. On inspecting the site all members felt that removal of the debris at spot should be taken up as top priority by Greater Chennai Corporation Officials. It is also observed that necessary Trash Track / Trash Boom is installed by Greater Chennai Corporation but the local residences have deposited debris in and around Channel exit. This exit should be cleared immediately and periodic cleaning should be ensured by Greater Chennai Corporation.
4. Kakkan Bridge Drain:
This drain is located at Western end of the Velachery Tank and passing below Kakkan Bridge in Adambakkam - Guindy Road. This is second major original catchment drain from the Alandur side catchment area which is now fully urbanized. This drain also brings in Sewage / Sullage in the Tank causing severe pollution and growth of water hyacinth. The average quantum of 6 Sewage / Sullage flow in this channel is about 3 MLD as reported by Area Engineer, CMWSSB.
After inspection of these points, the tail end of the Velachery Drain at L.S 1950m was inspected by the Team. The Velachery Drain constructed by W.R.D., P.W.D. for disposing the surplus flood water to Pallikkaranai Swamp. At present it is carrying Sewage / Sullage due to the pollution load let into the Velachery Tank as well as unauthorized letting of sewage from the commercial Establishments located along the right side of the Drain.
The Assistant Executive Engineer, W.R.D., Lower Palar Basin Sub Division, Chengalpattu explained the nature of topography and drainage system of this Drain. As this drain confluence with Pallikkaranai Swamp the bed levels are very much closed to the Mean Sea Level (M.S.L), hence the flow in this channel should be based on the head difference between the Maximum Flood Level (M.F.L) of the drain and the Maximum Flood Level (M.F.L) of the Pallikkaranai Swamp. Hence, letting of Sewage / Sullage in this channel will naturally leads to stagnation of sewage during dry weather season and resulting foul smell and also mosquito menace.
Samples were collected by the Tamil Nadu Pollution Control Board on 17/07/2020 at the following locations:
1. At the inlets of storm water drain at Maruthupandiar salai, Velachery - 2 No ( opp to Sree gupta bhavan, near JM Jumma Masjid) ,
2. At the inlets of storm water drain at Dr Ambedkar Nagar, Adambakkam - 1 No
3. At the inlets of storm water drain near Kakkan bridge, Adambakkam - 1 No
4. At the Velachery lake The report of analysis is tabulated below:7
Para Point of collection
mete Storm water inlet into Velachery lake At
r At At At At Velac
Marudh Marudhup Dr.Ambek Kakka hery
upandiy andiyar ar Nagar, n Lake
ar Salai Salai Adambak bridge,
(opp to (near JM kam Adamb
shree Hawa akkam
gupta Jumma
bhavan) Masjid)
Ph Numb 5.7 7.39 7.41 7.53 7.67
er
TSS mg/L 444 8 62 72 60
TDS mg/L 1900 880 632 932 644
Chlor mg/L 640 355 305 195 330
ides
Sulp mg/L 331 46 58 30 53
hate
Oil mg/L <2 <2 <2 <2 <2
&Gre
ase
BOD mg/L 118 11 24 29 17
COD mg/L 1200 72 184 200 216
Calci mg/L 470 230 430 740 550
um
Faec MPN/ 68 270 120 2400 110
al 100m
Colif g/L
orm
DO mg/L NIL NIL NIL NIL NIL
The Report of analysis reveals that the samples collected at the storm water inlets into Velachery lake and 8 at the Velachery lake contain faecal coliform which shows that the same is contaminated with sewage.
After the inspection of the said pollution spots, the following decisions are made at site for immediate action and long term remedies.
Immediate action for pollution abutment:
1. The Chennai Metropolitan Water Supply and Sewage Board (CMWSSB) to take up immediate action to check the unauthorized entry of Sewage / Sullage from various points of the above said drain at foreshore of the Velachery Tank and also in the Velachery Drain running along the Bye-pass.
2. The Area Engineer, CMWSSB explained that the Board is having proposal to intercept the sewage flow at all these storm drains by construction of Weeping Weirs and pump the sewage from that point to the existing Sewage Treatment facilities located in the foreshore area of the Tank. This immediate action will reduce the pollution load in the Tank and in turn to pollution abutment to the downstream Velachery Drain.
3. The Kakkan Drain which is also bringing Sewage / Sullage to Velachery Tank should be addressed by the Area Engineer, CMWSSB, Zone 13, Alandur. The Area Engineer, CMWSSB, Zone 11, Velachery will ensure the coordination for implementation.
4. The Greater Chennai Corporation Official consented to install Trash Track / Trash Broom to avoid entry of floating debris into Tank and Channel. It is also decided to ensure periodic cleaning of this exist points and the water front area.
5. The Water Resources Department, (P.W.D) and Revenue Department to take action for speeding completion of the enumeration, obtaining alternative housing allotment from 9 Tamil Nadu Slum Clearance Board (TNSCB) for ensuring eviction of encroachments.
Long Term Remedial Measures:
1. Water Resources Department (P.W.D.,) The W.R.D along with Revenue Department had surveyed and identified about 1100 encroachments in the Velachery Tank area. In order to revive the Tank eco-system, the encroachment will have to be evicted after lifting of COVID
- 19 lock down period.
Strengthening of Tank Bund along the western side of 100' Feet Road.
Desilting of Tank Bed to improve the storage capacity. Providing Foot path on along Tank, Boat facility, Greenery and Children Park to add recreational value of the Tank. Providing Retaining Wall on rear side of Tank and Grill fencing in the foreshore of Tank to prevent the dumping of waste & garbage in the Water Spread Area.
Providing R.O Plant, Bore Well, Power Room, Sanitary arrangements and Entrance Arch.
2. Chennai Metropolitan Water Supply and Sewage Board (CMWSSB) The CMWSSB has proposed to prevent the sewage out flow into Velachery Lake by Plugging of Sewage outfalls into Velachery lake by providing gravity sewer at Kakkan Nagar Main road, Bavani Nagar, Raj Bhavan Canal and Gupta Bhavan in Depot 177 in the Area XIII. (any modification and updation shall be made by Area Engineer, CMWSSB, Velachery)
3. Greater Chennai Corporation (GCC) The joint inspection was concluded with a resolve to take up the immediate action for pollution abatement and eviction of encroachment immediately after lifting of lock down for COVID - 19.
10Based on the said Joint Committee Report the final report of all the line Departments will finalised and Comprehensive Ecological Restoration and Rehabilitation Projects for Velachery Tank will be taken up as per the recommendation of this Joint Committee. Especially CMWSSB has proposed long term and short term measurement to prevent sewage entry into the Velachery Tank. This proposed action taking plan on this subject will be implemented as per the recommendation of the Joint Committee at earliest to attain the ultimate goal of Velachery Tank Eco-Restoration by preventing sewage entry as well as Rehabilitation to the Tank.
Superintending Engineer, Executive Engineer, W.R.D., Revenue Divisional
South Chennai, P.W.D., Officer,
Greater Chennai corporation Lower Palar Basin Division, South Chennai Division,
Kancheepuram. Giundy, Chennai
Executive Engineer, District Environmental Engineer, Area Engineer,
Zone - 13, TNPCB, Zone - 13,
Greater Chennai Corporation Chennai. CMWSSB, Adayar.
Assistant Executive Engineer, Assistant Engineer, W.R.D.,
W.R.D., P.W.D., P.W.D.,
Lower Palar Basin Sub Division, Irrigation Section,
Chengalpattu Padappai."
6. It is seen from the report that a number of drains which reach the Velacherry Lake are in a pathetic condition filled with untreated sewage. The water quality also shows that it contains high level of TDS and Chlorides.
117. Though, certain immediate measures as well as long term measures have been suggested to be carried out by each department, unfortunately no specific time line has been provided to implement the same.
8. Considering the pathetic condition of the lake as well as the drains which lead to the lake, if this is allowed to continue for a longer period, apart from the pandemic situation caused on account of Corona Virus, the people will face other disaster with the possibility of having some other epidemic diseases which is likely to affect their life itself.
9. The State Government as well as the local bodies and other departments who are dealing with these issues have to address the issue in a serious manner while providing the remedial measures with shorter time lines so as to avoid the possible immediate danger of the water being polluted.
10. So under such circumstances, we direct the Pollution Control Board, Greater Chennai Corporation and also the Public Works Department & Water Resources Department, Chennai Metropolitan Water Supply Sewage Board to come with specific action plan with shorter and longer time lines within which the issue can be resolved to protect the people from facing any health hazards and infection of other epidemic diseases like Dengue, Malaria, etc. 12
11. When this was pointed out, standing counsel appearing for the above departments wanted some more time to come with a proper action plan.
12. Considering the circumstances, we feel that one more opportunity can be given to the concerned departments to come with clear action plan so as to implement the recommendations given by the Joint Committee to resolve the issue permanently and also take temporary measures to safeguard the people from facing the possible impact of any epidemic diseases.
13. They are directed to submit the report on or before 14.10.2020 to this Tribunal by e-filing by providing necessary hardcopies as well.
14. The Registry is directed to communicate this order to the members of the committee and concerned departments by e-mail immediately so as to enable them to comply with the direction.
15. For consideration of action plan and further report, post on 14.10.2020.
....................................J.M. (Justice K. Ramakrishnan) O.A. No.02/2020, 01st September, 2020. Mn.
.................................E.M. (Shri. Saibal Dasgupta) 13