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National Green Tribunal

M. Dhamotharan S/O Marappan vs The Secretary To Government, ... on 29 April, 2022

Bench: K Ramakrishnan, K. Satyagopal

Item No. 07: Court No -- 1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI

Original Application No. 164 of 2017 (SZ)
(through video conference)

 

 

IN THE MATTER OF:

M. Dhamotharan,

Tiruppur. oo ...Applicant(s)

 
      
 
 
   

Chennai and others pondent(s)

  

Date of hearing: 2
CORAM:

HON'BLE M
HON'BLE Dr.

For Applicant(s):

For Respondent(s): Dr. D. Shanmuganathan for R1, R2, R4 & R5
Mrs. Shanmugavalli for R3
Mr. P Srinivas through
Mr. N. K. Ponraj for R6

ORDER

1. The above case has been posted to today for consideration of further report.

2. We have received a report submitted by the 6" respondent/Commissioner, Tiruppur Municipal Corporation dated 27.04.2022, e-filed on 28.04.2022 and received on the same date which reads as follows:-

REPORT FILED BY SIXTH RESPONDENT i, Kranthi Kumar Pati san of Surender Pati, Hindu aged abaut 39 years working as Cammissioner, Tiruppur Municipal Corporafion, Tiruppur, de hereby solemnly affirm and sincerely stale as follows:-
~ ; See . . ;
i. Fam the 6" respondent herein and well conversant vaih the acis of the case from the connected files.
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2. I subrnit that] have read and understood the cantansis of § AQ 7 plication filed in Suppor of ihe above Applicatian No 164 of 2077 and I den, in ¥ each and every one of the avemmcnis sei out except these tha are are Specifically admitted herein, | submit that the Applicant is not anit iO any remedy as pra 7 ayed for and the entire application is Hable in he rejected ag being misconcesived.,
3. The respondent herein submits the follow ANG report for ih Kind appreciation of the Honoureble Tribunal i. With regard to letting out of Sewage/Sullage Water info the Nallar River it is submitied ihat the generated waste \ from the households focaiad in the said arsa are through individual septic tanks. The said Sewe Sullage Water were removed by sullage tanker lorry « | ¥ and the Same was transporied to the Sewage treatment plants a q maintained by the Corporation for veatment. For the oas Gne month mere than 250 toads ware iransposted from the said area to the STP maintained by the Tiruppur Corporation.

in lil, iv, With regard sey china gard to the dumping of Solid waste along the Natlar river bank itis submd sty neha atthe dumping of Solid Waste is ~ NROXG. FAG Same was implemented by erection of warning notice board in river bank and regular inspection was Made by the Public Health Officials of the Corporation and fine was imposed to the violators who are breaching the same, Further Three Micro Composting Centres were established In the nearby area of Nallarriver. The Micro Composting Centres are fully functioning to process the wel waste collected from the households. The following are the list of Micro Composting Centres and their processing capacity (Tonnes per day).

4. Aathupalayam -3TPD

2. Kanjampalayam -3.5 TPD

3. Uppilipalayam -3 TRD (Nallathupalayam).

With regard to the implementation of UGSS Scheme if is submitted that the work is in progress and the same will be completed December, 2022 and with regard to the implementation of UGSS Scheme for the uncovered areas DPR was prepared to the tune off Rs.600.00 Crores and proposal has been submifted to the government under AMRUT 2.0 mission and the same is pending consideration before the government. j te * 3 * .

Pah A it is therefore prayed that this Hon'ble Tribunal may be pleased to accept this report and close the Application No, 164 of 2017 and thus render justice, VERIFICATION .Kranthikumar Pat, Commissioner Tiruppur City Municipal Corporation do hereby verify that the contents of above Paragraphs are true te the best of my knowledge and are believed to be true on legal advice and that t have not suppressed any material fact. Verified at Chennai on this the 27" day of April, 2022.

3. We have also received a report' submitted by the Tamil Nadu Pollution the officer on 28.04.2022 and e-filed on thé :

, e date which reads as follo' REPORT FILED ON BEHALF OR THE 3°° RESPONDENT | RAMDELNADU POLLUTION CONTROL BOARD, i, R. Rajamanickarn, S/o. PLM. Ramasamy, Hindu, aged abont 57 Years, baving oiiice at Ne. 76, Mount. Salai, Guindy, Chennai-~32, do hereby solemnly affirm are sincerely state as Tnliows:-
i. Lam the Joint Chief Rovironmental Engineer, Taroil Nada Pollution Central Board, Chennai-32 and fam filing this Report on behalf of the 38 respondent Board ard as such Tam well acquainted with the facts of the case trom the records.
2, Teis respectfully suboiitied thatthe Hon ble NOT in its order dated 25.1 1.202 1 directed inter alia as fellows:
"Para 7 The Sewage Treatment Plants (STPs) are intended for the purpose of treating the sewage, noite treat the effluents that are being mixed with effluents from the industrial area and in is for the Pollution Control Board 20 look inte the inewe and take appropriate action ageriist thase industries who are discharging thelr effluents without trecting The sane.
Para &. Purther, industries are also expected to convert the afflict discharge the same outside the units. Unless, the Pollution Cantrol Board takes stringent action against those industries, problems could not be solved.
Para 9, So under such circumstances, we feel that if is necessary to direct the Tamil Nadu Pollution Control Board to ascertain as to whether there is any passibility of untreated industrial effluent being mixed either in the storm water drain or sewage drain, which ultimately reaches the water body and if any of the industries are violating the conditions imposed, what is the nature of action to be iaken by them and they are directed ta submit the report in this regard before the next hearing date."

3. It is reapectinily submitted that, in order comply the said NGT order, a team was formed and carried out inspection to the units which are lecated along the Nallaru Odai stretch on 11.12.2021, 13.12.2021 and 15.12.2021 in order to identify the illegal operation and discharge of a untreated trade effluent by the industries in to the Nallaru Oda. Totally 71 Nos. of units located along Nallar Odai stretch were mepected arid the break up details of the same are as follows:

i, Printing. units - 26 Nos.
ii, Washing units - 25 Nes.
iu. Angeripalayam CETP Member units-10 Nos. iv. Park CETP members Units - 3 Nos. y. Dyeing Unit with Individual ETP --~ 1 No. vi. Bleaching Unit with Individual ETP -- 1 No. vil. Garment Units ~ 3 Nas.
vill. Kaitting Units -- 2 Nas.
Out of the above mentioned 71 units, 11 units were violating and uegally discharging the untreated trade effluent directly or indirectly either to Nailar Odai or onland for open percolation / nearby drain which in turn reaches Nallaru Odai. Cut of this 6 units were issued with Power supply disconnection order through District Co-ordination Committee on

16.12.2021 and 5 units were issned with Show cause notices. 6 units power supply were disconnected and th € present status of these units are as below:

Si, No. Name & Address of the Unit Present status of the wait ' M/s. Sti Akshaya Washing, 3/253 A, Athupalayam, Pattathu Ammen Kevil Back Side, Thirumuruganpoondi, Tiruppur.
M/s. Sri 8.8. Washing, S.F. No. 314/1D, Chettipalayam Village, Tirunpur North Taluk, Tiruppur District.
Power supply disconnected .
The unit has vacated the premises.
Power supply discannected.
Mis. Sri Thanvarshini Knit Finishers, S.FLNo. 417, 418, Anupparpalayam Village, Tiruppur Taluk, Tiruppur District.
Power supply disconnected.
Mis. Jaiwin Washing WNo.93/548-A, Fhiruvallevar Nagar, Athupalayam, Tiruppur
- 641 642 Power supply disconnected.
a At a bn.
M/s. Winbow Dryer & Drying Yard Premises used unauthorized, S.F. No, 287/2, Goundachy ' Thottam, | Thirumuruganpoond), Tiruppur.
Power supply disconnected.
Apart from the above based on routine inspection by OMicials of the Ofo. DEE, TNPCB, Tiruppur (North) and G/o. Environmental Engineer, Flying Squad, Tiruppur power supply to 7 units were disconnected through Ce wt s weer Ustrict Co-ordination Committee, TNPC Baard, 06.64
4. It is further submitted that the Hon' ble NGT has passed order dated 2022 and directed as follows:
"Para 9. Commissioner -- Tiruprur Municipal Corporetion, State Pailution Control Board and the Additional Chief Secretary to Government, Water Resources Department are directed ta file their respective further reports to this Tribunal regarding the subsequent development, progress and the deficienéy (if any) found, what is the further action taken in this regard. 10.The Tamil Nadu Pollution Contral Board is also directed ta file a further report regarding the Jurther action taken on the basis of the show cause notice issued and also the present status of the implementation of the Solid Waste Management Sules, 2016 in Tiruppur Carporation and the status af implementation of recommendations to curd pollution ta water bodies.
S. Tt is respectfully submitted that, in pursuance to the above said NGT order, 5 units issued with show cause notice previously were inspected on 21.04.2022 & 22.04.2022. Based on the inspection a recommendation was sent to TANGEDCO to disconnect power supply to the one unit. The details are as follows.
| Action Taken Present sfatus Si | Name & Addressof © by TNPCB No. the Unit _ eo ii M/s. Sree Vignesh ' Show Cause The wnit is not im) Washing, Notice Issued operation at. the time of | S.F.No. 417 & 418, inspection. The unit is Velamapalyam Village, carrying out revamping of | Tiruppur North Talak, the effluent treatment ect Tiruppur District, oe plant. | 2 Mis. The Thiremoorthi | Show Cause The unit is in operation Washing, Notes Issued and the unit has not S.F. No. 397, rectified the violations | Velarapalayam Village, mentioned in the shaw : Tiruppur North Taluk, Lease notice. The unit is | Tirappur District. letting out the untreated trade effluent illegally into the drainage which:
cenfluence to the Nallar | Odai. Hence, through | District Co ordination | / Committee, a letter dated | 26.04.2022 has been sent | to «=TANGEDCO to) discomnect power supply | to the unit.
| Mis. Dharanish 3 Show Cause The unit has rectified the | Washing, 'Notice Issued defects mentioned in the | SE. No. 71, 72, show cause notice and at | Mannarai Village,. present the unit is under | Tiruppur North Taluk, operation ( | Tiruppur District. . ae al 4 Mis. Devi Printing, 'Show Cause | The unit has rectified the SFL No. 373/4, Notice issued | defects mentioned in the | Velamapalayam | | Show cause notice and at. Village, present the unit is under Tiruppur North Tabak, operation Tiruppar District, .
§ | M/s. Barani Printing, Show Cause The unit has rectified the | S.F. No. 285 Part, Chettipalayam Village, 'Tirappur North Taluk, Tiruppur District.
Notice Issued | defects mentioned in the | show cause notice and at.
present the unit is under operation ane The above 11 units are small scale washing and Printing units located near the Nallaru Odai. However no discharge of dyeing effluent is noticed in the Nallaru Odai.
The Two CETP's M/s Angeripalayam Common Effluent Treatment Plant Ltd, Tiruppur and M/s. Park Common Effluent Treatment Flant Private Ltd, Tiruppur have installed ZLD system and are monitored regularly to ensure that no effluent is discharged in to Nallar odai.
6. Tt is respectfully submitted that, during inspection on February 2022, two washing units located near Nallar odai were inspected by officials of the Ofo DEE, TNPCB, Tiruppur CNorth} and it was found that untreated effluent was discharged on land for open percolation. Hence power supply to the units were disconnected by the District Co ordination Committee 8 SI. Na.
Name & Address of the Unit Action Taken by TNPCH M/s, S.R. Washing, S.P. No. 237/2, Tholukkan Thottam, Power Supply Discennected : Nanjappa Nagar, thr ough District Co-ordination . committee.
Boyampalayam, LPN. Road, Tirupour -- 641 602.
M/s. Aathavan Washing .
Nenjaptia Nagar -- Power Supply Disconnected A INEDIADD ay, : ee : .
2. : a i through District Co-ordination Boyampalayam, P.N. Road, Tirappur~ 641 602.
| committee, The details of common STPs located in Tiruppur North are as follows:
S.No. | Location of STP Capacity in Consent status MLD Existing STP
1. | Tiruppur 30 RCO issued vide | (Mis. New Tirupur Area Proc. dt, 18.04.2022 Development Corporation valid uote Limited , S.FNo. , .
; : 31.03.2024 199,200,202,205, Agrahara a Periapalayam village, Uthukkull Taluk , Tiruppar District) Under Construction STPs
2. | Tirappur 36 CTE issued dt.
(Sarkarperipalayam STP) 7.082020 valid M/s Tinuppur City Municipal Corporation Sarkar Periyapalayam Sewage Treatment Plant -
36 MLD S.F No, 200/2 Part, Sarkar Periyapalayam, Uthukult Taluk, Tiruppur District upto 31.03.2025 | Tiruppur 20 CTE issued dt.
3. | (Chinnandipelayam STP) 07.08.2020 valid upte 31.03 2025 2 M/s. Tiruppur City | Municipal Corporation 2 Chinnandipalayam Sewage | Treatment Plant -20MLD , | S.F. No. 188/1, | Andipalayam village, | Tirnppur south Taluk , | Tiruppur District Further direction was issued vide Proc. dt. 18.06.2021 to the Commissioner, Triuppur City Municipal Cerporation (Tiruppur STPs) inter alia to complete the underground sewerage system for the unsewered area and to ensure thal the untreated sewage presently let into nearby land and water bodies shall be stopped and to ensure 100 % treatment of sewage.
However no reply received in this regard.
7 . lt is further submitted that the TNPCB has collected water samples in Nanjarayan Lake on 31.01.2022, 25.02.2022 and 28.03.2022. The report shows that TOS in Nanjarayan Lake outlet Gwo numbers) during January 2022 is 2028 mg/l & 1936 mg/l , during February 2022 is 1352 mg/l and 1576 me/ 1 and March 2022 is 1536 mg/l and 1500 mg/l respectively . This shows that TDS levels of water in Nanajarayan Lake is declining and water quality is improving. The Copy of Report of Analysis is enclosed as Annexure-I Status of the implementation of Sclid Waste Rules 2016 by Tirapour
8. It is respectinlly submitted that the solid waste management in Tireppur, the Tiruppur City Municipal Corporation has provided 28 Nos of Micro Compost Centre. Qut of 28 nos of Micro Compost Centre 26 Micro 10 Compost Centre is under operation. 2 Nos of Micro Compost Centre is not commissioned as there is complaint in those 2 locations.
Present status of Micro Compost Centre along Nallar stretch:
Two numbers of Micra Compost Centre located in the Aathupalayant and Vengamedu of The Tiruppur City Municipal Corporation was inspected on 26,04,2022. During inspection it was found that the Micro Compost Centre were under operation. The representatives has informed thet part of the solid waste segregated at source was collected from the wards nearer to these Micro Compost Centre and transported and solid waste fraction is being composted. The Micro Compost Centre anit has 12 nos compost pits where the segregated solid waste after shredding is composted. The MCC has provided shredder-1 No. The plastic waste fraction in the solid waste collected was separately stored and is sent to baling centre of the Carporation located In Sarnthatpet, Thennampalayam and finally sent to cement industries for disposal for co-
incineration.
Further daring imspection of Nallar Odai and Nanjarayan lake the following were observed:
a. No discharge of dyeing / bleaching effluent noticed during mspection.
b. Same stretch of Nallaru Odai is covered with Seemaikaruvelam, water hyacinth and other bushes.
¢. Lean flow over the check dam constructed acrass the Nallaru Odai was flowing in to the Nanjarayan Lake, the colour of the water in the lake was found natural and no odour experienced near the lake.
d. The PWD baby canal is damaged and presently there is no flow in the baby canal.
e. Various local birds and birds. from the foreign country were found visiting to the Nanjerayan Lake and recent news paper report that the Nanjarayan lake is declared as Birds Sanctuary. (Photograph enclosed as Annexure --ID} i. The boundary area of the lake is surrounded with Seemaikarnvelam and water hyacinth in the part of water spread area of Nanjarayan lake.
11
Under the above circumstances, it is humbly prayed that this Mon'ble National Green Tribunal (Southern Zone) may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice, VERIFICATION {, R, Rajamanickam, Son of P_M.Ramasamy, working as Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai- 600 032 do hereby submit that the contents of above report are true to the best of my knowledge through records.
4. Heard both §
5. Parties are a "any, within a week.
6. Heard. Judgment Reés¢ secessaaceeceeeceeeeeeeeeeetees E.M. (Dr. Satyagopal Korlapati) O.A. No. 164/2017 (SZ) 29.04.2022 Sr. 12