National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 22 August, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No:02 Court No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 154 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,
Chennai edition dated 13.08.2020," The encroachers ask
For the compensation what the Public Works
Department is going to do?".
And
The Principal Secretary to Government,
Public Works Department,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009. Respondent(s)
Date of Judgment: 22.08.2022
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): By Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R4 & R6,
Mr. S. Sai Sathya Jith for R5
Mr. R. Purushothaman represented
Mr. P. Srinivas for R7
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment. Pending interlocutory application, if any, shall stands disposed of.
Justice K. Ramakrishnan, J.M.
Dr. Satyagopal Korlapati, E.M.
O.A. No. 154/2020(SZ)
22.08.2022. Sr.
1
Item No:02 Court No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 154 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, Chennai edition dated 13.08.2020," The encroachers ask For the compensation what the Public Works Department is going to do?".
And
1. The Principal Secretary to Government, Public Works Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
2. The Additional Chief Secretary to Govt. of Tamil Nadu, Revenue and Disaster Management Department, Govt. Secretariat, Fort George Chennai, Tamil Nadu 600 009.
3. The Secretary to Govt. of Tamil Nadu, Department of Environment, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
4. Additional Chief Secretary to Govt. of Tamil Nadu, Municipal Administration and Water Supply Department, Govt. Secretariat, Fort. George Chennai, Tamil Nadu - 600 009.
5. The Chairman, Tamil Nadu Pollution Control Board, No. 76, Anna Salai, Guindy, Chennai, Tamil Nadu 600 032.
6. The District Collector, Chengalpattu District, Collector office, GST Road, Chengalpattu 603 001.
27. Tambaram Municipality, Rep. by its Municipal Commissioner, 28, Muthuranga Mudali Street, Tambaram West, Chennai 600 045.
...Respondent(s)
For Applicant(s): By Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R4 & R6,
Mr. S. Sai Sathya Jith for R5
Mr. R. Purushothaman represented
Mr. P. Srinivas for R7
Judgment Reserved on: 27th July 2022.
Judgment Pronounced on: 22nd August 2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes.
Whether the Judgment is to be published in the All India NGT Reporter - Yes.
JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. The above case was Suo-Motu registered by this Tribunal on the basis of the newspaper report published in „Dinamalar‟ Chennai City Supplement Edition dated, 13.08.2020 under the <L Nfl;Fk;
caption "(e~;l Mf;fpukpg;ghsu;fs; nghJg;gzp Jiw nra;a NghtJ vd;d?)" (The encroachers ask for compensation what the Public Works Department is going to do?"
2. It was alleged in the newspaper report that the Public Works Department had undertaken the work of redeeming the Tambaram Periya Eri (Tambaram Big Lake) which had shrunken and become a sewage pond due to encroachment. But due to stiff resistance by the encroachers, the officials were not able to proceed with the work. Some work had been undertaken by the Public Works Department in co-ordination with the Revenue Department for removing the unauthorised construction in the water body. However, they could not proceed with the work on account of the stiff resistance and also insisting for 3 compensation for the improvements made by them in those areas.
3. The lake covers a big area and whenever the lake was full during monsoon season, the groundwater level increases in Old Tambaram, Irumbuliyur, Reddypalayam, C.T.O. Colony and Kannan Avenue. Due to the political influence, Pattas were granted to the encroachers. It was seen from the revenue records that the lake was originally having an extent of more than 150 acres which had now shrunk to 10 acres and became a sewage pond.
4. During 2015, due to flood caused by rain, large area surrounding this lake had submerged in water and that could not be restored even now. Though, requests have been made by the local people to restore the water body and safeguard at least the remaining area, no steps had been taken by the authorities so far, that was the grievance of the public reflected the newspaper report.
5. As per order dated 18.08.2020, since this Tribunal was satisfied that there arose a substantial question of environment which required the interference of this Tribunal, admitted the matter and appointed a Joint Committee comprising of
1) The District Collector, Chengalpattu District or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by the District Collector 2) Superintending Engineer of Public Works Department and Water Resources Organisation, who is in charge of that area, 3) Senior Officer deputed by the Chairman Tamil Nadu State Pollution Control Board and 4) The Municipal Commissioner, then, Tambaram Municipality now Tambaram City Municipal Corporation to inspect the water body in question and submit a factual as well as action taken report, if there is any violation found.
6. The committee was directed to ascertain as to :-
I. What is the original extent covered by the lake as per revenue records, the nature and the extent of encroachments, action taken to remove the encroachment.
II. Whether there was any scheme launched by the State Government or by the District administration for the purpose of rejuvenation and protection of this water body and if so, what was the stage of its implementation etc., III. Whether there was any unauthorised dumping of garbage and discharge of untreated sewage causing pollution into the water body and if so, trace out the persons who were responsible for 4 the same and take appropriate action including imposition of environmental compensation against such persons applying the Polluter „Pays Principle‟ as directed by the Hon‟ble Apex Court and also by the National Green Tribunal in several cases of this nature.
IV. Take the water samples from the lake for analysis and conduct rest in respect of Bio Chemical Oxygen Demand (BOD) and Chemical Oxygen Demand (COD), Total Coli Form and Fecal Coli Form and other prohibited metals to ascertain as to whether it confirms to the standard for drinking purpose.
V. If there was any contamination, they were also directed to suggest the ways and means to rectify the same.
7. The Public Works Department was designated as the nodal agency for co-
ordination and for providing all necessary logistics for this purpose.
8. The matter was adjourned to a future date to enable the official respondents to file their independent reports and the committee to file their reports respectively.
9. The matter was taken up on 23.12.2020 and on that day, this Tribunal expressed its displeasure in not filing the reports by the Joint Committee as well as the official respondents and directed the Commissioner, then, Tambaram Municipality as well as the Tamil Nadu Pollution Control Board to file their independent reports, apart from the District Collector, Chengalpattu District, Water Resources Department and the Joint Committee to file the reports.
10. The matter was taken up on 02.02.2021 and on that day, this Tribunal had considered the report submitted by the Executive Engineer (WRD) PWD, Lower Division, Kancheepuram dated nil, e-field on 02.02.2021 and extracted in Para (4) of the order and thereafter, this Tribunal had passed the following order:-
"5. It is seen from the report that there is large number of encroachments and survey has been conducted to identify those persons and steps are being taken to remove the encroachments. It appears that a mistake has crept in as the committee was constituted only on 18.8.2020 and the date of inspection was mentioned as 21.1.2020, which ideally should be 21.1.2021.
6. The learned counsel appearing for the Pollution Control Board submitted that the water analysis report has not been received and as soon as they receive the analysis report, they will come with the final report.
7. The learned counsel for the Nodal agency on whose behalf the report has been filed also submitted that they want one month time for filing the final report.
8. In the meantime, learned counsel appearing for the seventh respondent also submitted that they are also taking some steps to resolve the issue.5
9. So under these circumstances, we feel that some more time can be given to the committee to file the final report without taking adjournment on a lame excuse as inspection itself was conducted nearly after five months of constituting the committee when this Tribunal had heavily come down for not submitting the report as per the order dated 23.12.2020. Such lethargic attitude should not be shown by the committee members hereafter in submitting the final report to this Tribunal. In the mean time, the respective local bodies and official respondents are expected to take action on the basis of the findings of the joint committee for redressing the grievance. They are also directed to submit the independent progress report about the work that they have done to redress this grievance permanently. The committee as well as the official respondents are directed to submit their committee report as well as their independent progress report regarding the status of the work done before this Tribunal on or before 4.3.2021 by e- filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
10. The Registry is directed to communicate this order to the committee members as well as official respondents by e-mail immediately so as to enable them to comply with the directions of this Tribunal".
11. Thereafter, the matter has been adjourned from time to time either at the request of the parties or by notifications.
12. The matter was taken up on 08.06.2021 and on that day this Tribunal considered the Joint Committee report dated nil, e-filed on 04.03.2021 and extracted in Para (3) of the order which reads as follows:-
INSPECTION REPORT OF THE JOINT COMMITTEE CONSTITUTED BY THE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE) IN RESPECT OF O.A. NO. 154 OF 2020(SZ) SUO MOTU ON THE BASIS OF THE NEWSPAPER REPORT PUBLISHED IN ITEM IN DINAMALAR NEWSPAPER, CHENNAI CITY SUPPLEMENT EDITION DATED: 13.08.2020. UNDER THE CAPTION"TAMBARAM PERIYA ERI THE ENCROACHERS ASK FOR COMPENSATION WHAT THE PUBLIC WORKS DEPARTMENT IS GOING TO DO?"
1 XXXX
2. It is alleged in the report that the Public Works Department had undertaken the work of redeeming the Tambaram Periya Eri (Tambaram Big Lake) which has shrunk and become a sewage pond due to encroachment. But due to stiff resistance by the encroachers, they were not able to proceed with the work. Some work has been undertaken by the Public Works Department in co-ordination with the Revenue Department for removing the unauthorised construction in the water body. However, they could not proceed with the work on account of the stiff resistance and also insisting for compensation for the improvements made by them in those areas.
3. In fact, the lake covers a big area and whenever the lake is full during monsoon season, the groundwater level increases in Old Tambaram, Irumbuliyur, Reddypalayam, C.T.O. Colony and Kannan Avenue.
4. Due to the political influence, pattas were granted to the encroachers. It is seen from the report that it was originally having an extent of more than 150 acres which has now shrunk to 10 acres and became a sewage pond.
5. During 2015, due to flood caused due by rain, large area surrounding this lake had submerged in water and that could not be restored even now. Though, requests have been made by the local people to restore the water body and safeguard at least the remaining area, no steps have been taken by the authorities so far.
6. On going through the allegations in the report, we are satisfied that there arises a substantial question of environment which requires the interference of this Tribunal for resolving the same.
9. In order to ascertain the real state of affairs and action taken by the authorities to protect the water body, we feel it appropriate to appoint a joint committee comprising of
1) The District Collector, Chengalpattu District or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by the District Collector 2) Superintending Engineer of Public Works 6 Department and Water Resources Organisation, who is in charge of that area, 3) Senior Officer deputed by the Chairman Tamil Nadu State Pollution Control Board 4) The Municipal Commissioner, Tambaram Municipality to inspect the water body in question and submit a factual as well as action taken report, if there is any violation found.
10. The committee is directed to ascertain the original extent covered by the lake as per revenue records, the nature and the extent of encroachments, action taken to remove the encroachment.6
11. The committee is directed to consider the question as to whether there is any scheme launched by the State Government or by the District administration for the purpose of rejuvenation and protection of this water body and if so, what is the stage of its implementation etc., and whether there is any unauthorised dumping of garbage and discharge of untreated sewage into the water body causing pollution into the water body and if so, trace out the persons who are responsible for the same and take appropriate action including imposition of environmental compensation against such persons applying the „Polluters Pay Principle‟ as directed by the Hon‟ble Apex Court and also 7 National Green Tribunal in several cases of this nature.
12. The committee is also directed to take the water samples from the lake for analysis of Bio Chemical Oxygen Demand (BOD) and Chemical Oxygen Demand (COD), Total Coli Form and Fecal Coli Form and other prohibited metals to ascertain as to whether it confirms to the standard for drinking purpose. If there is any contamination, they are also directed to suggest the ways and means to rectify the same.
13. The Public Works Department will be the nodal agency for co-ordination and for providing all necessary logistics for this purpose.
Further in its order dated 23.12.2020 inter alia directed the following "5. Tambaram Municipality as well as the Tamil Nadu State Pollution Control Board has also got some responsibility regarding the allegations made in the newspaper report and they should have come with their independent response as to whether the allegations are correct and what are all the steps taken by them to redress the grievance raised by the public through the news paper report. However, such a proactive step was also not forth coming from the responsible Departments. If they did not comply with the directions of this Tribunal then, they will have to face the consequences of non compliance of the directions as provided under Section 25 & 26 of the National Green Tribunal Act.
6. The committee as well as the independent Departments are directed to file the report as well as the independent response regarding the allegations made in the application and the steps taken by them from their side to meet the situation on or before 02.02.2021 by e- filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules". Subsequently the Hon‟ble National Green Tribunal (SZ), Chennai in its order dated 02.02.2021 further directed the following:
"4. We have received the report of the Executive Engineer (WRD), PWD, Lower Palar Baion Division, Kancheepuram on behalf of the committee dated „nil‟ received on 2.2.2021
5. It is seen from the report that there is large number of encroachments and survey has been conducted to identify those persons and steps are being taken to remove the encroachments. It appears that a mistake has crept in as the committee was constituted only on 18.8.2020 and the date of inspection was mentioned as 21.1.2020, which ideally should be 21.1.2021.
6. The learned counsel appearing for the Pollution Control Board submitted that the water analysis report has not been received and as soon as they receive the analysis report, they will come with the final report.
7. The learned counsel for the Nodal agency on whose behalf the report has been filed also submitted that they want one month time for filing the final report.
9. So under these circumstances, we feel that some more time can be given to the committee to file the final report without taking adjournment on a lame excuse as inspection itself was conducted nearly after five months of constituting the committee when this Tribunal had heavily come down for not submitting the report as per the order dated 23.12.2020. Such lethargic attitude should not be shown by the committee members hereafter in submitting the final report to this Tribunal. In the mean time, the respective local bodies and official respondents are expected to take action on the basis of the findings of the joint committee for redressing the grievance. They are also directed to submit the independent progress report about the work that they have done to redress this grievance permanently. The committee as well as the official respondents are directed to submit their committee report as well as their independent progress report regarding the status of the work done before this Tribunal on or before 4.3.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules. 10. The Registry is directed to communicate this order to the committee members as well as official respondents by e- mail immediately so as to enable them to comply with the directions of this Tribunal."
2.Complaince of the Direction.
In due compliance of the said Hon‟ble National Green Tribunal direction, surface water sample from the Tambaram big tank in Tambaram were collected on 21.01.2021 so as to ascertain the present water quality in the said water body. Statement showing value of the physic chemical parameters analysed S.No. Parameters Units Point of Collection TNPCB Narayanapuram Lake Standards (Inland 7 Surface Water)
1. pH@25oC No. 7.44 5.5-9 2. TotalSuspended Solids Mg/L 32 100 @ 105 oC
3. Total Dissolved Solids Mg/L 596 2100 @ 180 oC 4. BOD @ 27 oC Mg/L 15 30 5. COD Mg/L 184 250 6. Copper as Cu Mg/L <0.033 3 7. Zinc as Zn Mg/L <0.05 1 8. Cadmium as Cd Mg/L <0.013 2
9. Lead as Pb Mg/L <0.07 0.1 10. Nickel as Ni Mg/L <0.05 6 11. Total Chromium Cr Mg/L <0.01 2
12. Hexavaient Mg/L <0.01 0.1 Chromuium Cr+6
13. D.O Mg/L 6.5 5mg/l and above Statement showing the value of the Bacteriological parameters analyzed S.No. Parameters Units Point of Collection Primary water Narayanapuram Lake Quality criteria for Bathing Waters prescribed by Central Pollution Control Board
1. Total MPN/100 230 500 or less Coliform ml
2. Faecal MPN/100ml 20 500 (desirable) Coliform 2500 (maximum permissible) The Report of analysis of the water sample collected from the said water body reveals that the Physico chemical parameters analysed satisfy the Inland surface water standards prescribed by the Board. Furthermore the water sample collected from the Tambaram big tank in Tambaram analysed for Bacteriological parameter Total Coliform and Faecal Coliform meets the Primary Water Quality Criteria for Bathing Waters prescribed by Central Pollution Gontrol Board.
3.Report of the Public Works Department
(i) Tambaram Periya Eri is located at S.F.No. 348 of Tambaram Village, Tambaram Taluk, Chengalpattu District is a PWD tank which has the capacity to store 4.7 MCFT and its water spread area is 17.57 Ha with its own catchment in 0.36 Sq.miles. Its originally intended ayacut area was 43.43 Ha.
(ii) Tambaram Periya Eri is bounded by Tambaram Municipal area in all directions.
(iii) The surplus water of the Tambaram Periya Eri is feeding to Pappan channel and Realty confluence to Adyaf River at Perungatathur Point.
(iv) Due to the absence of the surplus course, every year the downstream side of this tank area was inundated by the surplus water of this tank.
(v) The PWD has constructed a new flood control regulator at the midpoint of the tank bund. Also the cut andcover has been completed and inter linked with existing Mudichur cut and cover so as to safeguard the public for every year monsoon period to prevent the inundation from the surplus water of this tank.
(vi) As per the survey made by the Revenue Department official in the year of 2009, there are 610 Nos. of encroachments in the water spread area and in the entire length of the bund.
4.Report from Commissioner, Tambaram Municipality In due compliance of the said Hon'ble National Green Tribunal direction (154 of 2020 (SZ), Periya Eri) the Commissioner, Tambaram Municipality is furnishing the following detailed report:
1. Total Area of the Tambaram 20.72 Sq Km Municipality
2. Total Population of the 174787"
Tambaram Municipality :
3. The Ward No.29 & 30 West Ward No.29 Tambaram areas in question1. 1. Mangalapuram traverses through habitations of Tambaram Municipality 2. 2.Thiruvalluvarpuram
3. 3. Patel Nagar
4.Deiva Nagar Ward No.30
1. 1.Kalyan Nagar Main Road
2. 2.Kalyan Nagar 1,2 & 3rd Street 8
4. Households in the area around 1334 Nos.
the lake:
5. Ńo of Wards covered surplus" 2 wards (Ward No. 29 and 30 channel in the area: Of the Tambaram Municipality)
6. Total Generation of sewage in the 0.43" MLD said areas:
I. SOLID WASTE MANAGEMENT Generation of total Solid Waste in the Municipality: 1.868 MT/day (Biodegradable waste -0.934 MT and Non Biodegradable waste -- 0.934 MT) Present status of collection and disposal of solid waste:
Presently the Tambaram Municipality carries out door-to-door collection of solid waste of 1 tricycle, 1 Battery Operated vehicle and with 6 Sanitary Workers. Out of 1.868 T/day solid waste, biodegradable solid waste is 0.934 T/day and the non biodegradable wastes is 0.934 MT/day. The Tambaram Municipality is having Micro Compost Centre to wet waste and the non biodegradable waste is being dumped at Kodungaiyur in Greater Chennai Corporation.
Action Plan for Solid Waste Management Short Term
1. The Tambaram has proposed to carry out composting of the biodegradable waste at Micro Compost centre and to dispose the non biodegradable waste dispose at Kodungaiyur compost yard of Greater Chennai Corporation.
2. The Tambaram Municipality has proposed to issue notice to the public and to the households not to dump the waste on the road sides and to issue pamphlets regarding the source segregation of the solid waste.
3. Persons dumping solid waste in the road side will be identified and fine will be imposed as per the provisions of the Local Body Act.
Long Term :
1 Door to Door Collection of segregated solid waste from the households of the Tambaram Municipality will be made 100% 2 1 Tricycle, 2 Battery Operated vehicle and with 6 sanitary Workers will be deployed for collection of solid waste fromthe said 1334 households. 3 Micro composting centre has been created at Mannurankulam Micro compost center, Onsite compost center at Kalyan Nagar Of Tambaram to compost the segregated Biodegradable wastes Of 0.934 MT/day and non degradable waste of 0.934 MT/day including plastic waste will be collected and will be sent to cement factories for co processing. 4 The Tambaram has proposed to carry out composting of the biodegradable waste at Micro Compost centre and to dispose the non biodegradable waste dispose through the Venkadamangalam ISWM project II. SEWAGE GENERATION AND SEWERAGE SYSTEM:
Generation of sewage in the Tambaram Municipality area i.e. from the said 5336 Population in above 2 wards: 0.43 MLD.
Present method of collection and mode of disposal of sewage:
The generated waste water from households and commercial establishments in ward nos. 29 & 30 are disposed through individual septic tank arrangements. In above 2 wards are having UGSS scheme and UGSS House service connection was in progress. When both these schemes are completed in another five months the flow of sewage from Tambaram Municipality to Periya Lake through UGSS scheme will be completely averted.
Action Plan for Sewage Management Short Term 9 The Tambaram Municipality to remove the blockage in the existing sewer line using mechanical jet rodding machine for providing smooth flow of sewage.
5.Joint Inspection of the Committee The members of the Joint Committee have carried out the inspection in the area in question on 21.01.2021.
6.Observations by the Committee During the time of inspection, the Committee observed the following:
1. Tambaram Periya Eri is a PWD tank. It has lost its irrigation potential long back due to agglomeration of Chennai City and its suburb over the period of time. Now, the tank serves mostly as a natural aquifer.
2. Surplus Overflow from Tambaram Periya Eri flows through Mudichur cut and cover recently provided by the PWD and finally confluence to the Adyar river at Perungalathur point.
3. PWD has constructed flood control regulator at the midpoint of the tank bund removing the encroachment at that point and also provided cut and cover arrangement to interlink with mudichur cut and coyer.
4. It is ascertained from the PWD that no compensation will be issued to the encroachers who lost their houses due to the construction of flood control regulator in the said tank.
5. Encroachments were noticed on the entire length of the tank bund and in the east, west and northern side of the water spread area of the Tambaram Periya Eri.
6. There are 6 major storm water drain outlets and street drains, draining into this Tambaram Periya Eri bringing Sullage / Sewage to the tank. The tank water is being polluted due to this inflow of sewage mixed storm water from Tambaram Municipal area.
7. The residents in the fringe of the water body was found dumping tho solid waste.
8. Tambaram Municipality is carrying out the processing of the biodegradable waste collected from the Municipality area and handling the same as per Solid Waste Managmenet Rules, 2016 and the non biodegradable waste and non saleable waste are being transported and dumped in the Kodungaiyur Dump yard of Greater Chennai Corporation.
7.Recommendations:
Based on the above observations, the Joint Committee submits the following recommendations before the Hon‟ble National Green Tribunal (Southern Zone)
01. Tambaram Municipality shall complete the UGSS scheme and UGSS House service connections in another five months to prevent the flow of sewage/sullage from Tambaram Municipal area into the Tambaram Periya Eri.
02. Tambaram Municipality shall levy fine on the violators disposing sewage into the Tambaram Periya Eri under local body acts.
03. Tambaram Municipality shall carry out composting of the biodegradable waste at Micro Compost centers and dispose the non biodegradable waste through the proposed Vengadamangalam Incineration facility within 6 months.
04. Tambaram Municipality shall regularly monitor the collection of solid waste from the said area to avoid dumping of solid waste into the lake and shall levy fine on the violators dumping the solid waste in the water body.
05. Tambaram Municipality shall ensure 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection, processing and disposal of the same by complying with the provisions of the Solid Waste Management Rules 2016 and shall ensure that no dumping of solid waste happens in the Tambaram Periya Eri by deploying security guards.
06. Tambaram Municipality shall create awareness among the public with the help ofassociations in the local body area for proper segregation and collection of solid waste.
07. The PWD with the help of Revenue Authorities shall make fresh survey to identify the exact number of encroachment and to evict them within six months.
08. The PWD shall take steps to create biodiversity parksl tree-planting around the banks of the water body, so as to protect the lake against the future encroachment in coordination with NGO's.10
13. This Tribunal also considered the report submitted by the 7th respondent, then, Commissioner, Tambaram Municipality dated 09.03.2021 , e-filed on the same date and was extracted in Para (5) of the order, thereafter, this Tribunal had passed the following order:-
"6. It is mentioned in the compliance report that the underground sewage system is nearing completion and once it is completed, the discharge from that area to the water body will be averted. It is mentioned that they will be able to complete the same in another 5 months. But it is also mentioned in the report as a short term measure that they will have to remove the blockage in the existing sewer line using mechanical jet rodding machine for providing smooth flow of sewage. When this was pointed out the Learned Counsel appearing for the Municipality submitted that it has been done and the blockage has been removed and the sewage is now taken to the sewage treatment plant from there it is treated. It is not clear from the report how many houses were connected with the underground sewage system which is being under operation and what is the action taken by the Municipality against the persons who have not registered their connection with the sewage system etc.
7. The Learned Counsel appearing for the Tambaram Municipality submitted that if some time is granted, they will be able to come with a detailed report regarding this aspect. Considering the circumstances, we feel that some time can be granted to Tambaram Municipality, PWD and District Collector, Chengalpet to come with detailed report regarding the implementation of the recommendations made by the Committee to resolve the issue permanently on or before 27.07.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
8. The Committee is also directed to file further report regarding the compliance of the recommendations made before the next date of hearing.
9. The Registry is directed to communicate this order to Tambaram Municipality, PWD and District Collector, Chengalpet and also to Chief Secretary, State of Tamil Nadu and Secretary to Environment and Local Administration for information and compliance of the direction.
14. The matter was adjourned to 27.07.2021 for consideration of further reports.
Thereafter, the matter has been adjourned from time to time by successive notifications, as no reports have been filed. By the time Tambaram Municipality was upgraded as Tambaram City Municipal Corporation and the Commissioner, Tambaram City Municipal Corporation has filed a report dated 25.04.2022, e-filed on 28.04.2022.
15. On 29.04.2022, this Tribunal had directed the Public Works Department to file their statements regarding the steps taken by them for removal of encroachments and posted the case to 13.05.2022 for that purpose. The matter was again adjourned from time to time by successive notifications.
16. Thereafter, the matter was taken up on 12.07.2022 and on that day, this Tribunal had considered the report submitted by the Superintending Engineer, Water Resources Organisation dated 18.05.2022, e-filed on the same date which reads as follows:-
1 XXX 2 XXX 11 12 13
17. The Commissioner, Tambaram City Municipal Corporation also filed a report dated 22.07.2022, e-filed on 23.07.2022 which reads as follows:-
1 XXXX 14 15
18. Heard the counsel appearing for the respondents on 27.07.2022.
19. The counsel appearing for the State Departments submitted that they are taking all necessary steps to remove the encroachments and protect the water bodies. The counsel appearing for Commissioner, now, Tambarm City Municipal Corporation submitted that they are strictly complying with the Solid Waste Management Rules, 2016 and the Underground Sewerage Scheme also provided and in some places it was not provided and steps are 16 being taken to complete the same.
20. The counsel appearing for the Tamil Nadu Pollution Control Board submitted that they are taking steps to monitor the implementation of Solid waste Management Rules, 2016 and also the directions issued by the Principal Bench of National Green Tribunal as well as this Bench. Whenever deficiencies were found, they were taking action against the respective persons.
21. Considered the reports and the submissions made by the counsel appearing for the respondents.
22. The grievance in this newspaper report is regarding the indiscriminate encroachment into the water body by name „Pallavaram Periya Eri‟ and also dumping of waste and discharge of untreated sewage. It was also alleged in the newspaper report that the lake was originally having an extent of 150 acres which had been reduced to 10 acres now due to unauthorised encroachment and it has become a sewage pond. Though, complaints were made to the authorities, no steps were taken by the authorities for removal of encroachments and restore the water bodies to the original position.
23. The report submitted by the Joint Committee as well as various stakeholder departments more or less confirmed the allegations made in the newspaper report of wide scale encroachments, discharge of sewage and dumping of waste in the water body. The Joint Committee has given certain recommendations and also certain long term and short term measures to be carried out by the various departments. The subsequent report showed that there were some steps taken by the Tambaram City Municipal Corporation as Pallavarm was subsequently added to the Tambaram City Municipal Corporation. In respect of Pallavarm Periya Eri there was a case before this Tribunal in O.A. No. 37 of 2012 S.P. Surendranath Karthik Vs. Chairman, Pallavaram Municipality and others and with similar allegations and the Special Bench by order dated 27.07.2022 disposed of the matter by giving certain directions including to the Chief Secretary to Government, State of Tamil Nadu to review the position and take steps to remove the legacy waste found in the Periya Eri and take steps to remove the encroachment and restore the water body to its original position.17
24. It is time and again reiterated by the Hon‟ble Apex Court and also various High Courts including Hon‟ble High Court of Madras Principal Bench of National Green Tribunal and also this Bench, regarding the responsibility of the State to protect the water bodies against encroachment and pollution as part of protection of environment as mandated under Article 48(A) of the constitution of India. Further State department has got a responsibility to provide clean environment which includes providing clean water and air as part of „Right to Life‟ as generated under Article 21 of the Constitution of India and this obligation has to be primarily discharged by the State machineries including the local bodies and the regulators. It is well accepted principle of environment that water bodies are not only acting as source for water for drinking and irrigation purposes, but also act as a water storing reservoir, natural rain water harvesting system and help the natural recharge of ground water level in those areas apart from acting as flood mitigation mechanism to collect more water that is generated during rainy season to avoid flood in the neighbouring areas.
25. The Hon‟ble High Court of Madras had passed stricthers against the authorities heavily for not taking steps to remove the encroachments and protect the water bodies, so as to discharge their constitutional obligation of protecting environment. Even in some cases, the Hon‟ble High Court of Madras had taken contempt proceedings and issued directions to pay a cost of Rs. 25,000/- (Rupees Twenty Five Thousand Only) if they did not file the reports containing the details. In spite of all these stringent measures taken by the Courts, the actions from the departments are not moving in the right direction as expected by the Courts and the Tribunal. Once the State machineries failed to discharge their obligation of protecting environment as contemplated under Article 48(A) of the Constitution of India, then they are failing to discharge their duty to maintain environmental rule of laws which is highly required for the purpose of protecting the safe life of the people. Any environmental degradation will result in health hazard to the people and it is the primary responsibility of the State to avoid health hazards being caused or experienced the people on account of the lack of implementation of environmental laws by the regulating authorities.
26. In one of the matters, Hon‟ble Apex Court observed that merely because water bodies has become disused on account of negligence of not providing 18 maintenance by the authorities it will not lose its character as water body and steps must be taken to restore and rejuvenate the same to its original position on that ground the same cannot be used for any other purposes of providing Pattas of lands which were recorded as water bodies in the Revenue records by the authorities was also deprecated by the Hon‟ble High Court of Madras in various decisions including in and directed the authorities to take steps to remove the encroachments by invoking the provisions of Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and rules framed there under. In spite of all these directions, action on ground for removal of encroachment and protecting the water bodies are moving at a slow pace.
27. The Principal Bench of National Green Tribunal as well as the Special Bench of this Tribunal in several mattes reiterated that it is not possible for the Tribunal to monitor the implementation of statutory rules by the regulators and also monitor the discharge of the statutory function of the regulators perpetually and it is for the authorities to take proactive role in implementing the environmental laws and protecting environment thereby discharging their onerous responsibility of protecting environment as contemplated under Article 48(A) and Article 21 of the Constitution of India.
28. The pathetic condition of Tambaram Periya Eri due to encroachment and dumping of waste was reflected in the order passed in O.A. No. 37 of 2012 S.P. Surendranath Karthik Vs. Chairman, Pallavaram Municipality and others on 27.07.2022 and the same thing continued in this case also. It is clear that from the year 2012 onwards, in spite of regular monitoring made by the Tribunal there was no much improvement in taking steps to remove the garbage deposited in the water body, remove the encroachments and protect the water bodies from encroachments and pollution in future as well. Further in O.A. No. 606 of 2018, the Principal Bench of National Green Tribunal, New Delhi had interacted with Chief Secretary to Government, State of Tamil Nadu and disposed of the case relating to each State recording the undertaking given by the respective Chief Secretaries and directed the Chief Secretary to monitor the implementation of the direction by appointing committee at Secretary level and conduct periodical review meetings by the Chief Secretary. So there is no meaning in keeping the case for long time and 19 monitor the implementation by giving series of directions and expressing its displeasure on the part of the authorities, in not discharging the duties as expected. Even in this case, the District Collector, Chengalpattu District has not filed independent reports and the Joint Committee also not filed further report as directed that shows the lethargic latitude on the part of the authorities in not implementing the directions issued by this Tribunal in its letter and spirit. It is high time for the Chief Secretary to look into the issue and take appropriate action against those officers who are not complying with the directions of the Tribunal to send a strong message to the other officers for not repeating such things in future.
29. The Chief Secretary to Government, State of Tamil Nadu is directed to look into the issue seriously and take appropriate action against the concerned officers in accordance with law. Under such circumstances, we feel that the matter can be disposed of by giving following directions:- i. The District Collector, Chengalpattu District in coordination with Water Resources Department is directed to survey the Tambaram Periya Eri as per original revenue records and identify the unauthorised encroachments and take steps to remove the encroachments and after removing the encroachments, then they are directed to take steps to provide protective mechanism by providing bio-fencing or planting green cover or other scientific methods and if they want to develop that area as an Eco -Tourism Park, then they are at liberty to do the same without encroaching into the water spread area of the lake and they must also provide necessary mechanism to strengthen the bunds, restore the inlet and outlet channels and repair the weirs and sluices provided to regulate the inflow and outflow of the water to the lake and this direction will be subject to the directions already issued and to be issued by the Hon‟ble High Court of Madras in respect of removal of encroachments and protection of water bodies in the pending Writ Petitions if any in respect of this particular lake as well.
ii. The Commissioner, Tambaram City Municipal Corporation is directed to strictly implement the Solid Waste Management Rules, 2016 and Liquid Waste Management and other Waste Management Rules, within their jurisdiction and they should take steps to avoid dumping of waste 20 in the water spread area of the Tambaram Periya Eri and cause pollution to the water body. If there is any waste already dumped, then they are directed to remove the same from the water spread area and shift it to the safer place and dispose of the same in a scientific manner after obtaining necessary permission, if any required under the respective Waste Management Rules in this regard and dispose of the same scientifically as directed by the Special Bench in O.A. No. 37 of 2012 by order dated 27.07.2022.
iii. The Tamil Nadu Pollution Control Board is directed to monitor the implementation of all Waste Management Rules and also the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and other related matters by this Tribunal and if there is any violation or non-compliance found, then they are directed to take appropriate action against those violators by initiating proceedings including prosecution and imposition of environmental compensation apart from resorting to other coercive measures provided under the respective statutes in accordance with law.
iv. The Additional Chief Secretary to Government for Municipal Administration and Water Supply Department is directed to monitor the implementation of directions and if there is any proposal submitted by the stakeholder departments are pending, then they are directed to take steps to expedite such proposal by providing necessary administrative as well as financial sanction, so that the work should not be stalled due to paucity of funds.
v. The Chief Secretary to Government, State of Tamil Nadu is directed to constitute a committee comprising of Additional Chief Secretary to Government for Water Resources Department as Chairman, Additional Chief Secretary to Government for Finance or his nominee, Principal Secretary to Government for Revenue and Disaster Management to monitor the implementation of the directions issued by this Tribunal in respect of implementation of Underground Sewage Scheme and implementation of Solid Waste/Liquid Waste/other Waste Management Rules and directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and various directions issued by this Bench, including in respect of Ambattur Lake in O.A. No. 21 153 of 2020 (SZ), and O. A. No. 37 of 2012 S.P. Surendranath Karthik Vs. Chairman, Pallavaram Municipality and others and other matters relating to protection of water bodies and if there is any gap found, then they are directed to issue necessary directions to the respective stakeholder departments, so that they could rectify and resolve the same in an effective manner, so that the directions issued by the Tribunal for protecting water body can be effectively implemented by the respective stakeholders in its letter and spirit. vi. The Chief Secretary to Government, State of Tamil Nadu is also directed to conduct review meetings with the stakeholder departments regarding this aspect and if there is any gap found, then give necessary directions to the concerned departments to expedite the same and if any financial and technical support is required, then he is directed to provide the same at the earliest without delay.
vii. The Registry is directed to communicate this order to the official respondents including the Principal Secretary to Government for Revenue and Disaster Management Department
30. With the above observations and directions, the Original Application is disposed of.
........................................J.M. (Justice K. Ramakrishnan) Sd/-
.................................E.M. (Dr. Satyagopal Korlapati) O.A. No.154/2020 22.08.2022, Sr. 22