National Green Tribunal
R Kalistas vs The State Of Tamil Nadu Rep. By The ... on 24 August, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item Nos. 04 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 275/2017(SZ)
R. Kalistas Applicant
Versus
The State of Tamil Nadu, Chennai and Ors. Respondent(s)
Date of hearing: 24.08.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE PROF. A SENTHIL VEL, EXPERT MEMBER
Respondent(s): Dr. D. Shanmuganathan for R1, R3, R6 & R7.
Dr. D. Shanmuganathan represented Mr. S. Sai Sathya Jith for
R2 & R5.
ORDER
1. The matter has been taken up at post judgment stage. Vide judgment dated 05.11.2020, the matter was disposed of dealing with the grievance against establishment of Solid Waste Management Facility without following requisite procedure as per Municipal Solid Waste Management Rules, 2016 and CRZ Notification, 2011.
2. The Tribunal considered pleadings of the parties and independent status reports filed in the course of proceedings and disposed of the matter with following directions:-
"22..................xxx.............................xxx..............................xxx 1 i. Since the Solid Waste Management Facility which was intended to be established and started by the 7th respondent in S.No. 679/1, Kollencode Village, Vilavancode Taluk of Kanyakumari District has been shifted and the place has been cleared, there is nothing survives in this application and the prayer in the application has become infructuous.
ii. However, in view of the report submitted by the Tamil Nadu State Pollution Control Board that Solid Waste Management Rules, 2016 is not strictly complied with by the Kollencode Town Panchayat, we direct the Pollution Control Board to monitor the implementation of Solid Waste Management Rules, 2016 in 7th respondent Kollencode Town Panchayat and if it is not properly implemented, they are directed to take appropriate action against the Kollencode Town Panchayat in accordance with law.
iii. The Tamil Nadu State Pollution Control Board is also directed to implement the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018, if there is any violation found in implementation of Solid Waste Management Rules 2016 in 7th respondent Kollencode Town Panchayat.
iv. The Tamil Nadu State Pollution Control Board is directed to submit the further action taken report to this Tribunal once in two months till the Solid Waste Management Rules, 2016 is strictly complied with by the Kollencode Town Panchayat without any violation.
v. The office is directed to place such reports on receipt of the same before this Bench for appropriate further direction to be issued on that basis.
vi. Considering the circumstances the parties are directed to bear the respective cost in the application.
vii. The Registry is directed to communicate this order to the Tamil Nadu State Pollution Control Board and also to the 7th respondent Kollencode Town Panchayat for strict compliance."
3. Since an action taken report was required to be filed, the matter has been taken up for further consideration.
4. Learned Counsel for the State submits that this Tribunal has issued further order on 21.07.2022 in O.A. 606/2018 (In respect of State of Tamil Nadu), In re: Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues after the last order in the present matter and the State is bound to take further actions in terms of 2 the said order. Relevant part of the order dated 21.07.2022 in O.A. No. 606/2018 is reproduced below:-
"26. The presentation filed by the Chief Secretary, Tamil Nadu during the hearing shows following data:
SUMMARY OF STATUS A: Solid Waste Management Quantity of Waste Gap in Quantity of waste No. of Status of Bio-
waste Processed generation being disposed in Legacy mining
generation in (in TPD) and landfills waste
the State Processing (in TPD dump
(in TPD) (in TPD) sites
Estimated
14,995 9310 5685 5685* 271 legacy waste:
207 lakh cubic
Meter
(Landfill:
Bio-mining
Unprocessed)
taken in: 279
locations
Bio-mining
completed: 69,
cleared 32
lakh cubic
meter and 360
acres
reclaimed
B): Sewage Management
Quantity of Treatment Current Gap Utilization of treated sewage in
sewage capacity in in treatment
generation in MLD (MLD) Agriculture/ Industrial Any other
the State Horticulture purpose purpose
(in MLD) purpose
4,001.02 2519.54 1,485 43.32 115 332.35
Our Observations about way forward
27. It is seen from the data presented by the Chief Secretary and the conclusion of the State level monitoring Committee that there are still huge gaps in management of solid as well as liquid waste.
28. In solid waste management, there is a gap of 5685 TPD.
Waste processing facilities are inadequate. Compost produced at individual and community level and its usage and linkages of MCFs with end users/processors need to be monitored. Timelines for compliance beyond statutory outer limit need to be squeezed to respect the statutory mandate and directions of the Hon'ble Supreme Court, this Tribunal. With regard to liquid waste management, the 3 gap in treatment is reported to be 1,485 MLD. Distinction between urban and rural waste and their treatment has to have definite execution plan. Septic tanks and Soak pits systems need to safeguard ground water safety, particularly in rural areas.
29. Till this gap is bridged, unprocessed solid waste and untreated liquid waste will continue to remain source of degradation of environment and damage to public health, including deaths and diseases which the society can ill afford. Hence the urgency of the situation for good governance ensuring emergent measures in public interest to protect the environment and public health and discharge of Constitutional obligation.
30. It is a matter of concern that even after 48 years of enactment of Water (Prevention and Control of Pollution) Act, 1974 and expiry of timelines for taking necessary steps for solid waste management in terms of Solid Waste Management Rules, 2016 and binding direction in the judgment of the Hon'ble Supreme Court and this Tribunal in Almitra H. Patel vs. Union of India & Ors. and Paryavaran Suraksha vs. Union of India, supra, huge gaps still exist. Are there insurmountable difficulties for State authorities or lack of will and determination? We find it difficult to believe the first. In our view, it is lack of good governance and determination responsible for the situation which needs to be remedied soonest.
31. We have suggested change in approach in realizing that remedial action cannot wait for indefinite period as is being proposed by the Administration. Sources of funding are laid down in the orders of the Hon'ble Supreme Court. Responsibility of the State is to have comprehensive plan to control pollution which is its absolute liability, which is not being understood. If there is deficit in budgetary allocations, it is for the State and state alone to have suitable planning by reducing cost or augmenting resources. By way of suggestion, one may consider harnessing traditional knowledge and community involvement. People must be involved in the problem by appropriate awareness and strategies to encourage public participation and contribution. At the cost of repetition, health issues cannot be deferred to long future. Long future dates which, breach of which is established from the track record of last several decades, is not convincing solution. There is no accountability for the past breaches. It is poor substitute for compliance. This approach may project lack of concern or not realizing the grim ground situation crying for emergent remedial measures on priority. There is no time for leisure, reflected in timelines proposed for bridging the acknowledged gaps. Claimed success by some local bodies in setting up waste processing plants and harnessing benefits of bio- CNG/power energy1 may need to be looked into and if found useful the same need to be followed with suitable modifications.
32. It is the mindset and determination to act in a mission mode which can produce results.
1Indore's Waste to Energy model leads the world, 72 countries set to follow! :
https://www.financialexpress.com/lifestyle/indores-waste-to-energy-model-leads-the-world- 72-countries-set-to-follow/1695816/ India's cleanest city Indore turns waste into bio-CNG, money :
https://energy.economictimes.indiatimes.com/amp/news/oil-and-gas/indias-cleanest-city- indore-turns-waste-into-bio-cng-money/87826232 4
33. Segregation of the solid waste at source and its earliest processing nearest to the point of generation with defined destination is imperative. In particular, adequate compositing/vermicomposting/bio-methanation centers need to be set up and upgraded nearest to the source of generation of wet solid waste, listing people's involvement. Waste generators can themselves be required to process the waste under guidance and handholding by the Administration, with the assistance of identified empaneled service providers. This may perhaps reduce planned expenditure.
34. Similarly, sewage can be required to be processed by conventional cost-effective methods atleast at several identified locations with least expenses. Decentralized treatment plants can be explored, apart from imposing condition of ZLD on industries, group housing societies etc. Reduced load can be processed partly with the help of water using commercial establishments requiring water for their processes enforcing consent conditions in CTEs and CTOs whereby State's financial burden can be reduced. Such establishments include malls, industrial estates, automobile establishments, power plants etc. Treated water can also be used by playgrounds, railways, bus stands, local bodies, universities etc. to save potable water for drinking. The treated sewage can be utilized for industrial/agricultural/other non-drinking uses like washing railway wagons/yards, buses, roads, water sprinkling. Several such models reportedly exist2.
35. Thus, it may be necessary to brain storm with available experts and other stake holders in the State at different levels, evolve models which can be fast replicated, initiate special campaigns with community/media involvement in the larger interest of protecting environment and public health with determination for prompt action. Such brain storming sessions may enable capacity enhancement of the regulators and the processes. Campaigns and community involvement may result in reducing the financial and administrative load on the administration.
2https://www.newindianexpress.com/cities/chennai/2019/jul/31/chennai-industries-to- now-use-treated-sewage-water-2011837.html https://timesofindia.indiatimes.com/city/surat/surat-water-reuse-model-goes- global/articleshow/85668103.cms https://www.aninews.in/news/national/general-news/surat-generating-massive-revenue-by- selling-treated-water-to-industries20201217051127/ https://swachhindia.ndtv.com/surat-generating-massive-revenue-by-selling-treated-water-of- river-tapi-to-industries-54411/ https://m.timesofindia.com/city/ahmedabad/amc-offers-rs43/kl-treated-wastewater-for- industries/amp_articleshow/87169850.cms https://theprint.in/india/governance/nagpur-to- become-the-first-indian-city-to-treat-and-reuse-90-of-its-sewage/180493/ https://www.business-standard.com/content/press-releases-ani/india-s-1st-and-largest-ppp- on-waste-water-reuse-completed-in-record-time- during-pandemic-bags-ficci-water-award- 2020-121022500841_1.html https://mpcb.gov.in/sites/default/files/focus-area-reports- documents/NMC_%26_KTPS_success_story_28052019.pdf https://cpcb.nic.in/success-stories/upload/1501156301.pdf http://cpheeo.gov.in/upload/uploadfiles/files/engineering_chapter7.pdf 5
36. Compliance of environmental norms on the subject of waste management has to be on high on priority. Tribunal has come across cases of serious neglect and continuing damage to the environment in absence of inadequate steps for treatment of solid and liquid waste.3 We are of the view that issues have been identified and monitored by the Tribunal for a long time. It is high time that the State realizes its duty to law and to citizens and adopts further monitoring at its own level.
37. We hope in the light of interaction with the Chief Secretary, Tamil Nadu will take further measures in the matter by innovative approach, stringent monitoring at appropriate level, including at the level of the District Magistrates (who execute the District Environment 3
(i)OA No. 37 of 2012 (SZ), S.P. Surendranath Karthik vs. The Chairman, Pallavaram Municipality Ors. dated 07.12.2021 relating to solid waste management, Pallavaram Municipality.
(ii) OA No. 61 of 2020 (SZ), S.P. Surendranath Karthik vs. The Secretary, Indian Railway Welfare Organisation and others. Order dated 26.05.2022 relating to pollution of Ambattur Lake.
(iii) OA No. 107 of 2021 (SZ), S.M. Sivan, Silver Cloud Estates, Nilgiris vs. The Government of Tamil Nadu, Rep by its Secretary to Government, Department of Environment & Forest, Chennai and Others. Order dated 08.12.2021 relating to relocate and shift the dumping garbage yard.
(iv) OA No. 134 of 2021 (SZ), Solomon Raja, Chrompet, Chennai vs. The District Collector, Chengalpet & ors. order dated 13.07.2022 relating to drainage system, Veeraraghavan Lake.
(v) OA No. 11 of 2022 (SZ), C. Sengodan S/o. Chinnapan 4/5/5A Keel Chinnagoundampatti, New 26th Ward, Tharamangalam Municipality Salem District and Anr. vs. The Principal Secretary to Government of Tamil Nadu, Department of Environment & Forest and Climate Change, Secretariat, Chennai and Ors., order dated 22.03.2022 relating to use of burial ground for waste management facility.
(vi) OA No. 25 of 2022 (SZ), M. Sundaramurthy, Chennai vs. The Principal Secretary, Department of Environment, Forest and Climate Change &Ors., order dated 15.03.2022 relating to discharge of untreated sewage from building complexes.
(vii) OA No. 48 of 2022 (SZ), Meiyyappan, Chengalpattu vs. The District Collector, Chengalpattu & ors., order dated 26.04.2022 relating to dumping of waste into the backwater and graveyard of Padur Panchayat in the Muttukadu backwater estuaries.
(viii) OA No. 02 of 2020 (SZ), 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 vs. The Government of Tamil Nadu and others, order dated 07.07.2022 relating to pollution of Velachery lake.
(ix) OA No. 33 of 2020 (SZ), Tribunal on its own motion Suo Motu based on the news item in Dinamalar Chennai newspaper dated10.02.2020, "Stagnation of Drainage Water in Velachery, Veerangal Canal - People suffer from Respiratory Problem" vs. The District Collector, Chennai District, District Collectorate Office, No.62, Rajaji Salai, 4th Floor, Chennai and Ors., order dated 07.03.2022 relating to pollution of Veerangal Canal.
(x) OA No. 40 of 2020 (SZ), Tribunal on its own motion Suo Motu initiated proceedings based on the News item published in The Time of India, Chennai edition dt.17.02.2020 under the caption "Sewage flows into surplus channel in Kovilambakkam" vs. The District Collector, Chengalpattu District and Ors. order dated 08.07.2022 relating to pollution of Medavakkam, Keezhkattalai and Narayanapuram Lakes.
(xi) OA No. 70 of 2021 (SZ), Tribunal on its own motion SUO MOTU based on the News item in Dinamalar Newspaper, Chennai Edition dated 05.02.2021, "Sewage water flows in Tirukazhukundram: Underground sewerage is needed" with The Principal Secretary to Government, Public Works Department, Chennai and others, order dated 31.01.2022 relating to lack of sewage system, Tirukazhukundram.
(xii) OA No. 171 of 2021 (SZ), Tribunal on its own motion Suo motu based on the News item Published in the New Sunday Express News paper Edition dated 11.07.2021 Under the caption : Illegal diversion of sewage Into storm water drains continues." Vs. The Chief Secretary, Govt of Tamil Nadu and Ors., order dated 23.03.2022 relating to sewage into storm water drains.
(xiii) OA No. 01 of 2017(SZ), R.L. Srinivasan, Chennai vs. Union of India and Ors. order dated 20.07.2022 relating to construction of roads in Buckhingam Canal and Kosasthalaiyar river.
6Plans) and the Chief Secretary, ensuring that the gap in waste generation and treatment is bridged at the earliest, shortening the proposed timelines, adopting alternative/interim measures to the extent and wherever found viable.
The Chief Secretary may consider designating a Senior Nodal Officer at the rank of ACS to regularly assess the progress in bridging the gaps in sewage and solid waste management and establishing stock taking at district level. Existing and upcoming STPs need to have linkages with industries and other bulk users including Agriculture/horticulture for using treated sewage. Legacy waste sites need to be remediated and reclaimed areas utilized for setting up of waste processing plants so to process day-to-day waste generation. More and more green belts/dense forests need to be set up to mitigate adverse impact of waste. Based on the gained experience, standardized processing and treatment methodologies be replicated for areas of other Corporations, Municipalities and Panchayats.
Laid down statutory norms need to be complied as per prescribed timelines and directions in the judgments of Hon'ble Supreme Court and this Tribunal, including directions in orders dated 25.4.2019, 28.2.2020 and 14.12.2020 and other orders in individual cases. In the light of observations in paras 13,18 and 21 above, accountability be fixed for erring officers and compensation collected and utilised, as already directed."
5. In view of above, no further order appears to be necessary except to reiterate the directions already issued.
The proceedings will stand closed without prejudice to any aggrieved party taking remedy in future in accordance with law, if necessary.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM Sudhir Agarwal, JM Dr. Satyagopal Korlapati, EM 7 Prof. A. Senthil Vel, EM August 24, 2022 Original Application No. 275/2017(SZ) SN 8