National Green Tribunal
National Green Tribunal Southern Zone vs The Government Of Tamilnadu Rep By Its ... on 1 March, 2023
Author: K. Satyagopal
Bench: K. Satyagopal
Item No.03 (i) & (ii):
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 102 of 2021(SZ)
With
Original Application No. 02 of 2020(SZ)
IN THE MATTER OF:
S. Kumaradasan,
Vice-President Velachery Eri Pathukappu
Iyakkam, Velachery, Chennai.
...Applicant(s)
Versus
The Government of Tamil Nadu,
Rep by its Chief Secretary, Chennai and Ors.
...Respondent(s)
With
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.
And
The Government of Tamil Nadu,
Rep by its chief Secretary and Ors.
...Respondent(s)
Date of hearing: 01.03.2023.
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CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
O.A. No. 102/2021(SZ):
For Applicant(s): M/s. K.C. Karl Marx, L. Pravin Banu,
D. Grace Juliet Praveena.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R4, R8.
Ms. Aarti represented Mr. S. Sai Sathya Jith for R5.
Mr. Vishranth represented
Mr. Gautam S Raman for R7.
O.A. No. 02/2020(SZ):
For Applicant(s): Suo Motu
For Respondent(s): Dr. D. Shanmuganathan for R1 to R5.
Ms. Aarti represented Mr. Sai Sathya Jith for R6.
ORDER
1. The Water Resources Department (WRD) has filed a report stating that the lake is already put to disuse, having lost the irrigation potential. As a result of that, there are about 749 encroachments in the lake, for which, eviction notices have been issued under the Tamil Nadu Protection of Tank and Eviction of Encroachment Act, 2007 on 27.02.2023.
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2. In the meanwhile, the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) also has filed their report stating that the work was suspended during the monsoon period and the work has now resumed in January 2023 and they have completed about 45% of the work and that they have to complete the balance work before September 2023. They also have introduced schemes viz., "Azhaithal Innaippu" and "Illamthorum Innaippu" to all the residential and commercial buildings to give an online sewer service connection and also connections to the economically weaker section.
3. In this regard, we direct the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) to take out the enumeration and make it mandatory for all the authorized residential and authorized commercial buildings to get their sewerage line connected to the Under Ground Sewerage System (UGSS) and ensure that the entire area in question is connected to the Common Sewerage System.
4. Let the Water Resources Department also file a report as to the outcome of the show cause notices issued and the action to be taken in that regard.
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5. The Greater Chennai Corporation had filed a report earlier stating that the lake area has been allotted to various Government agencies like Tamil Nadu Housing Board, Tamil Nadu Slum Clearance Board and Highways Department. If that is so, the Water Resources Department has to address that issue also and how the portion of the lake was allotted to the Government agencies and under what authority, they have done it.
6. Post the matter on 23.03.2023.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.102/2021(SZ) & O.A. No.02/2020(SZ) 01st March, 2023. Mn.
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