National Green Tribunal
Dhenupuri Housing Colony, Kannadasan ... vs The Secretary, State Urban Development ... on 25 April, 2022
Bench: K Ramakrishnan, K. Satyagopal
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"REPORT FILED ON BEHALF OF THE 4TH & 7th
RESPONDENTS - TAMIL NADU POLLUTION CONTROL
BOARD.
I, S.Ragupathi, Son of Thiru.R.Sanganan, Hindu, aged about 56 years, having office at No. 76, Mount Salai, Guindy, Chennai-32, do hereby solemnly affirm and sincerely state as follows:-
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai and I am filing this Report on behalf of the 4th & 7th Respondents Board and as such I am well acquainted with the facts of the case as per records.
2. It is respectfully submitted that the applicant filed this application before the Hon'ble NGT (SZ) with the following prayer as follows:
(i) "To direct the respondents to stop discharging the drainage water of the Madambakkam Town Panchayat into the Madambakkam Thangal Eri, the drinking water source.
(ii) To remove the public toilet and the septic tank situated at the Madambakkam Thangal Eri.
(iii) To stop dumping of garbage and waste at the burial ground of the Madambakkam Town Panchayat.
(iv) To provide pollution free water to the residents of Madambakkam Town Panchayat."
3. it is respectfully submitted that the, Hon'ble National Green Tribunal (SZ) has constituted a joint committee comprising of (1) District Collector, Chengalpattu District (as after bifurcation of Kancheepuram District, this disputed area now falls within the jurisdiction of District Collector, Chengalpattu), (2) Tamil Nadu Pollution Control Board, (3) Director of Town Panchayat, Superintending Engineer, Tamil Nadu Water and Drainage Board (TWAD Board), (4) Executive Engineer or Chief Engineer in charge of Public Works Department (PWD) and Water Resource Organization (WRO) of the respective area to inspect the area in question and submit a detailed status report regarding the allegations made in the application and possible pollution that is being caused to the said water body mentioned in the application on account of the existence of the public toilet and discharge of any untreated water and dumping of garbage in the burial ground and also in the water body and whether ninth respondent is strictly complying with the procedure for collection, segregation and disposal of waste generated in their Panchayat as required under the Solid Waste Management Rules, 2016 and if there is any violation, what is the action taken, if there is any pollution caused to the quality of water in the water body then what is the remedial action to be taken to restore the same and submit a factual and actual action taken report to this Tribunal within a period of two months. The Page 10 of 40 water quality should contain not only the parameter of BOD (Bio- logical Oxygen Demand), COD (Chemical Oxygen Demand) and PH (Potential of Hydrogen value) but also the Faecal Coliforms (FC), Suspended Solids (SS) and Total Coliforms (TC) and also the presence of heavy metals and TDS level. If any violation is found, the Committee can suggest the nature of action to be taken including the recovery of environmental compensation. The Committee is also to ascertain the source of pollution of the water body if any and submit the present status as well as action taken report within a period of two months to this Tribunal. The Superintending Engineer, Public Works Department and Water Resources Organisation shall act as nodal agency for co- ordination and providing necessary logistics for this purpose".
It is further submitted that in due compliance of the orders of the Hon'ble National Green Tribunal dated 02.11.2020, the water samples were collected by the officials of the District Environmental Engineer, TNPCB, Maraimalai Nagar along with Executive Officer, Madambakkam Town Panchayat from the Thangal Eri (Lake) situated in Madambakkam on 07/09/2020.
Statement showing the value of the Physico chemical parameters analysed Parameters Units Point of TNPCB Collection Standards Sl. Thangal Eri (Inland No (Lake Water) Surface at Water) Madambakka m 1 pH @ 25oC No. 7.55 5.5-9 2 Total Suspended Solids mg/L 33 100 @ 105oC 3 Total Dissolved Solids mg/L 807 2100 @ 180oC 4 BOD @ 27oC mg/L 23 30 5 COD mg/L 240 250 6 Copper as Cu mg/L <0.033 3 7 Zinc as Zn mg/L <0.01 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 3 11 Total Chromium Cr mg/L <0.01 2 12 Hexavalent Chromium mg/L <0.01 0.1 Cr+6 13 D.O mg/L 5.5 5mg/l and above Statement showing the value of the Bacteriological parameters analysed Sl. Parameters Units Point of Primary Water Page 11 of 40 No Collection Quality Criteria for Thangal Eri Bathing Waters (Lake Water) prescribed by Central at Pollution Control Madambakka Board m 1 Total MPN 1700 500 or less.
Coliform /100 ml
2 Faecal MPN 460 500 (desirable) 2500
Coliform /100 ml (Maximum
Permissible)
It is respectfully submitted that the Report of analysis of the water samples 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 Thangal Eri Lake analysed for Bacteriological parameter Total Coliform exceeds the standards and the (Faecal Coliform) meets the Primary Water Quality Criteria for Bathing Waters prescribed by Central Pollution Control Board.
Under the above circumstances, it is humbly prayed that this Hon'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."
Page 12 of 40 Page 13 of 40"Inspection report of the Joint Committee constituted by the Hon'ble National Green Tribunal (Southern Zone) in respect of O.A. No.17 of 2017 (SZ) filed by M/s. K. Shanmuga Kani, Dhenupuri Housing Colony, Madambakkam, Chennai.
1. Order of the Hon'ble Tribunal:
It is respectfully submitted that the Hon'ble National Green Tribunal (SZ), Chennai in its order dated 06.03.2020 in the matter of O.A. No.17 of 2017 inter alia stated that:
"The grievance in this application is regarding pollution caused to Thangal Eri (Lake) situated in Madambakkam. According to the applicant, it is the drinking water source to the residents of Madambakkam. It was originally measuring a larger extent and due to indiscriminate encroachment, the said lake was reduced to a pond. The Madambakkam Town Panchayat has put up a large public lavatory with ten doors at the brink of the said Madambakkam Thangal Eri with a septic tank on the floors of the said lake. During rainy season the water level of the lake rises and the septic tank of the said public lavatory submerges in the water allowing all the storage of septic tank to be released into the Thangal Eri. The waste water in that area is also discharged in this water body without proper treatment. Large scale dumping of waste is also done in the nearby burial ground. There are a lot of encroachments in the burial ground and a construction has been made by the Tamil Nadu Electricity Board as well. A 20 feet wide road is running between the said burial ground and water body. The burial ground is being used as an illegal dumping ground for disposal of the solid waste generated in that area. On account of these illegal activities large scale pollution has been caused. The Madambakkam Town Panchayat is not taking steps to dispose of the waste generated in the Panchayat as required under the Solid Waste Management Rules, 2016. So, the applicant filed this application seeking the following reliefs:
(i) To direct the respondents to stop discharging the drainage water of the Madambakkam Town Panchayat into the Madambakkam Thangal Eri, the drinking water source.
(ii) To remove the public toilet and the septic tank situated at the Madambakkam Thangal Eri.
(iii) To stop dumping of garbage and waste at the burial ground of the Madambakkam Town Panchayat.
(iv) To provide pollution fee water to the residents of Madambakkam Town Panchayat.
12) Some of the replies filed as statements are relating to the status of the year 2017. We are not aware of the present status. So, in order to ascertain the real state of affairs and regarding the genuineness of the allegations made, we feel it appropriate to appoint a joint committee comprising of Page 14 of 40
a) District Collector, Chengalpattu District (as after bifurcation of Kancheepuram District, this disputed area now falls within the jurisdiction of District Collector, Chengalpattu),
b) Tamil Nadu Pollution Control Board,
c) Director of Town Panchayat,
d) Superintending Engineer, Tamil Nadu Water and Drainage Board (TWAD Board),
e) Executive Engineer or Chief Engineer in charge of Public Works Department (PWD) and Water Resource Organization (WRO) of the respective area to inspect the area in question and submit a detailed status report regarding the allegations made in the application and possible pollution that is being caused to the said water body mentioned in the application on account of the existence of the public toilet and discharge of any untreated water and dumping of garbage in the burial ground and also in the water body and whether ninth respondent is strictly complying with the procedure for collection, segregation and disposal of waste generated in their Panchayat as required under the Solid Waste Management Rules, 2016 and if there is any violation, what is the action taken, if there is any pollution caused to the quality of water in the water body then what is the remedial action to be taken to restore the same and submit a factual and actual action taken report to this Tribunal within a period of two months. The water quality should contain not only the parameter of BOD (Bio-logical Oxygen Demand), COD (Chemical Oxygen Demand) and PH (Potential of Hydrogen value) but also the Faecal Coliforms (FC), Suspended Solids (SS) and Total Coliforms (TC) and also the presence of heavy metals and TDS level. If any violation is found, the Committee can suggest the nature of action to be taken including the recovery of environmental compensation. The Committee is also to ascertain the source of pollution of the water body if any and submit the present status as well as action taken report within a period of two months to this Tribunal through e-mail @ [email protected].
Superintending Engineer, Public Works Department and Water Resources Organisation shall act as nodal agency for co-ordination and providing necessary logistics for this purpose."
Subsequently the Hon'ble National Green Tribunal (SZ), Chennai in its order dated 21.12.2020 further directed the following:
"1. As per order dated 06.03.2020, this Tribunal had considered the pleadings and appointed a Joint Committee to go into the issue and directed them to submit a status as well as action taken report and the case was being adjourned from time to time for that purpose. Lastly, it was taken up on 15.12.2020 and posted the case to today for filing the report.
2. When the matter came up for hearing today through Video Conference, there is no representation for the applicant. Sri. Dr. V.R. Page 15 of 40 Thirunarayanan represented respondents 1 to 3, 6, 8 & 9 and Sri. C. Kasirajan through M/s. Meena represented respondents 4 & 7.
3. The Tamil Nadu Pollution Control Board (TNPCB) has filed the report.
4. They have not mentioned anything about the other aspects which this Tribunal has directed to submit. They have only reiterated the water analysis report regarding the quality of the water in Thangal Eri at Madambakkam and nothing more. They have not mentioned anything about the reason for the existence of high Fecal Coliform and Total Coliform in the water and whether there is any discharge of any sewage into the water body or not.
7. The Public Works Department (PWD) and Water Resources Organization (WRD) is maintaining the lake and it is for them to come with the report as to what is the present status and what are all the steps taken by them to protect the water bodies against the encroachment and also pollution being caused and what are all the necessary steps taken by them to see that the water quality in the water body is maintained to the extent of making it a potable one as originally the intention of establishing water bodies was to meet the needs of the people for drinking and irrigation purpose."
2. Compliance of the direction In due compliance of the orders of the Hon'ble National Green Tribunal, water samples were collected by the officials of Tamil Nadu Pollution Control Board along with Executive Officer, Madambakkam Town Panchayat from the Thangal Eri (Lake) situated in Madambakkam on 07.09.2020.
Collection of water samples to ascertain the quality of water in the Thangal Eri (Lake), Madambakkam.
Statement showing the value of the Physico chemical parameters analysed Sl. Parameters Units Point of TNPCB No. Collection Standards Thangal Eri (Inland (Lake Water) at Surface Madambakkam Water) 1 pH @ 250C No. 7.55 5.5-9 2 Total Suspended mg/L 33 100 Solids @ 1050C 3 Total Dissolved mg/L 807 2100 Solids @ 1800C 4 BOD @ 270C mg/L 23 30 5 COD mg/L 240 250 6 Copper as Cu mg/L <0.033 3 7 Zinc as Zn mg/L <0.01 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 3 11 Total Chromium Cr mg/L <0.01 2 Page 16 of 40 12 Hexavalent mg/L <0.01 0.1 Chromium Cr+6 13 D.O. mg/L 5.5 5 mg/L and above Statement showing the value of Bacteriological parameters analysed Sl. Parameters Units Point of Primary Water No. Collection Quality Criteria for Bathing Thangal Eri Waters (Lake Water) at prescribed by Madambakkam CPCB 1 Total Coliform MPN/100 1700 500 or less ml 2 Faecal MPN/100 460 500 (desirable) Coliform ml 2500 (Maximum Permissible) The report of analysis of the water samples collected from the said water body reveals that the Physico chemical parameters satisfy the inland surface water standards prescribed by the Board. Furthermore, the water sample collected from the Thangal Eri Lake analysed for Bacteriological parameter Total Coliform exceeds the standards and the (Faecal Coliform) meets the Primary Water Quality Criteria for Bathing Waters prescribed by Central Pollution Control Board.
3. Report of the Public Works Department:
It is respectfully submitted that the Public Works Department, Water Resources Department, who is one of the member of the Joint Committee and also nodal agency, has submitted that the said Thangal Eri Lake in Madambakkam Town Panchayat is being controlled and monitored by the Executive Officer, Madambakkam Town Panchayat.
4. Report from Executive Officer, Madampakkam Town Panchayat In due compliance of the said Hon'ble National Green Tribunal direction, the Executive Officer, Madampakkam Town Panchayat furnishing the following detailed report:
1. Location of the said Thangal Eri (Lake): Sy. No.643 of Madambakkam Village
2. Extent of Thangal Eri (Lake): 2.96.5 hectares
3. Total Area of the Madampakkam Town panchayat: 8.02 Sq.Km.
4. Total Population of the Town Panchayat:31681
5. Total Household of the Town Panchayat:15684
6. No of Wards: 15
7. Total Solid Waste generation: 8.4 T/day (Biodegradable waste-
3.2 T/day & Non Biodegradable Waste - 5.2 T/day)
8. Total solid waste in the dump site: 150 T
9. Total sewage generation: 2.52 MLD Sewage Generation and disposal arrangements:Page 17 of 40
Sewage generation from the Village Panchayat area: 2.52 MLD The households and commercial establishments in the Town Panchayat area have their own individual septic tank and soak pit arrangements for the treatment and disposal of the sewage. However certain households/ commercial establishments dispose the sewage/ sullage through storm a water drain which reaches the said Thangal Eri (Lake).
Action Plan to prevent the disposal of sewage/sullage through storm water drain
1. The town panchayat has proposed to identify the households/ commercial establishment letting out sullage/ sewage into the storm water drain and action will be taken to plug the same, and fine will be imposed under the provisions of the Local Body Act within a month time.
2. The town panchayat has proposed to identify vulnerable locations and proposed to provide decentralized community soak pit arrangements within a month time.
Solid Waste Management Solid Waste generation from the Town Panchayat area: 8.4 T/day (Biodegradable waste - 3.2 MT/day and Non biodegradable waste - 5.2 MT/day) Present status of collection and disposal of solid waste:
Under the existing Solid Waste Management Scheme the Town Panchayat is having own Secondary Collection Vehicle 1 No. of Compactor Lorry, 2 Nos. of Tata Ace and 3 Nos. of Lorry. Also the Town Panchayat is having primary collection vehicle - 14 Nos. of Tri Cycles, 5 Nos. of Push Carts and 15 NOs. of batter vehicles to clean the streets in 15 wards located in the Madambakkam Town Panchayat limit.
The Town Panchayat carries out door to door collection of municipal solid waste of 8.4 T/day. The Town panchayat has obtained authorization to operate the solid waste processing facility located at S.F. No.653, Ambika Nagar, Madambakkam Village, Tambaram Taluk, Chengalpet District for micro composting of 3.2 T/day from TNPCB vide proceedings No.JCEE(M)/TNPCB/CHN.Zone/SWMF/MMN/2019, Dated 08.04.2019valid upto31.03.2020 under the provisions of Solid Waste Management Rules, 2016. The same is further extended up to 30.09.2020 vide the Chairman Office order dated 01.07.2020. The balance, 5.2 MT/day of non biodegradable wastes are disposed through recycling facilities.
5. Joint Inspection of the Committee The members of the Joint Committee have carried out the inspection in the area in question on 07.09.2020 & 16.02.2021.
6. Observations by the Committee During the time of inspection, the committee observed the following Page 18 of 40
1. Thangal Eri Lake is bounded by road and residences on Northern side, residences in the Southern side, vacant land in Eastern side and Public toilet and residents on Western side area.
2. A public lavatory was found in Western end of the lake and septic tank's top surface level is above the surface water level of the Thangal Eri.
3. Electricity Board substation is located on Northern side, next to that the Solid waste Dumping Yard, Solid waste segregation and processing facility is located nearby the burial ground. There is no dumping of solid waste noticed in the said burial ground.
4. Sewage from the fringes of the lake i.e., Gandhi Street & Bharathiyar Street of Madambakkam area enters into the Thangal Eri (Lake) through storm water drain.
5. The Madambakkam Town Panchayat is carrying out the processing of the Solid Waste Collected from the Town Panchayat area as per Solid Waste Management Rules, 2016.
6. The segregated non biodegradable and unsegregated solid waste deposited by the public of about 150 Tonnes was found dumped in the said dump yard.
7. Encroachments in the form of residences were noticed along the northern bund of the Thangal Eri and in a portion of the bund in the Western end of the water spread area of the lake in the form of public toilet and overhead tank.
7. Recommendations Based on the above observation, the Joint Committee submits the following recommendation before the Hon'ble National Green Tribunal (Southern Zone).
1. The Executive Officer of Madambakkam Town Panchayat shall identify the households/ commercial establishments in their local body area letting out sullage/ sewage into the storm water drain reaching the Thangal Eri and shall take action to plug the same and shall levy fine on the violations under the provisions of the local body act within a months time.
2. The said local body shall identify and provide decentralized community soak pit arrangement at vulnerable locations within the three months time to prevent the entry of sewage/sullage to the Thangal Eri through storm water drain.
3. The said local body 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 within three months and shall ensure that no dumping of solid waste happens in the Thangal Eri by deploying security guards.
Page 19 of 404. The said local body shall levy fine on the violators found dumping solid waste and disposing sewage into the water body under Local Body Acts.
5. The said local body shall create awareness among the public with the help of associations in the local body area for proper segregation of solid waste.
6. The said local body with the help of Revenue Authority shall make fresh survey to identify the exact details of encroachment and to evict them within six months"
Page 20 of 40"REPORT FILED ON BEHALF OF THE 4TH & 7th RESPONDENTS TAMIL NADU POLLUTION CONTROL BOARD.
Page 21 of 40I, J. Josephine Sahayarani , Daughter of Jesu Rajan , Christian, aged about 56 years, having my office at 76, Mount Salai, Guindy, Chennai-600032, do hereby solemnly affirm and sincerely state as follows:
1. I am the Joint Chief Environmental Engineer (i/c), Tamil Nadu Pollution Control Board (TNPCB), Chennai - 32, and filing this Report on behalf of the Respondent Tamil Nadu Pollution Control Board (TNPCB) and as such I am well acquainted with the facts of the case from the records.
2. It is respectfully submitted that the Hon'ble NGT has passed order dated 03.03.2021 and directed inter alia as follows:
"...Para 6. The TNPCB is also expected to file an independent report as a regulator to implement the Solid Waste Management Rules, 2016 in the respective areas and also compliance of the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 in its letter and spirit. But no such independent reports are forthcoming from the regulator as well.
Para 7. When this was pointed out, the learned counsel appearing for the state departments as well as the TNPCB submitted that if some time is granted, they will come with a detailed status report regarding the compliance and the stage of compliance of the recommendations made by the Joint Committee for resolving the issue permanently and also the present status of the Thangal Eri which is the subject matter in this case".
3. It is respectfully submitted that in pursuance to the above said Hon'ble NGT (SZ) order, the area in question the Thangal Eri and the solid waste management facility and the dump site of the Madambakkam Town Panchayat was inspected by the DEE, TNPCB, Maraimalai Nagar on 20/07/2021 and during inspection it was noticed that the said Town Panchayat has not commenced the biomining of the legacy waste but the Town Panchayat is carrying out micro composting of the bio degradable waste generated from the town panchayat area. The non biodegradable waste was found dumped in ithe dumpsite located near the Thangal Eri, thereby not complying with the provisions of Solid Waste Mangement Rules, 2016. Further the sullage/sewage generated from the said local body area find its way to the said water body. The compliance report on the recommendations made by the Joint committee is as follows:
Sl. Recommendation Compliance No Page 22 of 40 1 The Executive Officer of Madambakkam Not complied.
Town Panchayat shall identify the households/ commercial establishments in their local body area letting out sullage/ sewage into the storm water drain reaching the Thangal Eri and shall take action to plug the same and shall levy fine on the violations under the provisions of the local body act within a months time.
2. The said local body shall identify and Not complied.
provide decentralized community soak pit arrangement at vulnerable locations within the three months time to prevent the entry of sewage/sullage to the Thangal Eri through storm water drain.
3. The said local body shall ensure 100% Not complied. The local collection of solid waste being generated body collects the solid within its jurisdiction with proper waste by doing door to segregation, door to door collection, door collection and the processing and disposal of the same by collection biodegradable complying with the provisions of the waste is composted in the Solid Waste Management Rules, 2016 MCC and the non within three months and shall ensure that biodegradable waste was no dumping of solid waste happens in the found dumped in the Thangal Eri by deploying security dump site located near the guards. Thangal Eri.
4. The said local body shall levy fine on the Ensured to comply with.
violators found dumping solid waste and disposing sewage into the water body underLocal Body Acts.
5. The said local body shall create awareness Ensured to comply with.
among the public with the help of associations in the local body area for proper segregation of solid waste.
6. The said local body with the help of Ensured to comply with.
Revenue Authority shall make fresh survey to identify the exact details of encroachment and to evict them within six months.
4. It is respectfully submitted that as per the Hon'ble National Green Tribunal (Principal Bench) in its order dated. 28.02.2020 in O.A. No.606 of 2018 TNPCB has assessed the Interim Environmental Compensation to the Madambakkam Town Panchayat (population 31,681) as follows:
For not properly carrying out the implementation of the Solid Waste Management Rules, 2016 April, 2020 to June, 2021 - Rs. 1 Lakh x 15 Months = Rs. 15 lakhs till 30th June 2021.
For not commencing the work of legacy waste remediation process Page 23 of 40 April, 2020 to June, 2021 - Rs. 1 Lakh x 15 Months = Rs. 15 lakhs till 30th June 2021.
5. It is respectfully submitted that an amount of Rs.30 lakhs has been assessed as an interim environmental compensation for a period of 15 months (from April 2020 to June 2021) to the Madambakkam Town Panchayat for not properly carrying out the implementation of the Solid Waste Management Rules, 2016 and for not commencing the work of legacy waste remediation process.
6. It is submitted that in exercise of the powers vested under Section 5 of the Environment (Protection) Act, 1986, the TNPC Board has issued Show Cause Notice to the Executive Officer, Madambakkam Town Panchayat vide Board's Proceeding dated 03.08.2021 as to why the Board shall not levy Interim Environmental Compensation Rs.30 Lakhs (from April 2020 to June 2021) for not properly carrying out the implementation of the Solid Waste Management Rules, 2016 and for not commencing the work of legacy waste remediation process.
7. It is further submitted that, the TNPCB has issued directions under section 5 of the Environment (Protection) Act, 1986 as amended vide proceeding dated 18.06.2021 to M/s. Madambakkam Special Grade Town Panchayat to comply with the following conditions within three months, , among other things:
i. The Town Panchayat shall complete the underground sewerage system for the unsewered area and to ensure that the untreated sewage presently let into nearby land and water bodies shall be stopped and to ensure 100 % treatment of sewage.
ii. The Town Panchayat shall expedite the process of sewer connection, construction, completion and commissioning of under construction STPs so as to bring them into operation.
iii. The Town Panchayat shall furnish time bound plan of action and show the progress made in the construction of proposed STPs so as to bring them into operation.
iv. The Town Panchayat shall comply with the above directions within the time period specified therein. Otherwise Board shall impose Environmental Compensation Further the TNPC Board has issued show cause notice under Section 25 of the Water (P&CP) Act, 1974 as amended vide Board proceeding dated 23.08.2021 to the Executive Officer, Madambakkam Special Grade Town Panchayat, Madambakkam Town Panchayat - Sewage Treatment Plant as to why penal action for offenses punishable under Section 44 of the Water Act should not be initiated against the Madambakkam Town Panchayat as occupier for failing to comply with the provisions of Section 25 of the Water (P&CP) Act, 1974 as amended.Page 24 of 40
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstance of this case and thus render justice."
"REPORT BY 9TH RESPONDENT, EXECUTIVE OFFICER MADAMBAKKAM TOWN PANCHAYAT I, V.GANESH, S/o. of Late S.Venkatraman, Executive Officer, Madambakkam Town Panchayat office at No.7, South Mada Street, Madambakkam.
I, the 9th Respondent herein. I am submitting the following report to the Honourable Tribunal in order to comply with the directions issued It is respectfully submitted that in continuation of the Joint Committee report submitted, the Hon'ble National Green Tribunal (SZ) in its order in Application No.17 of 2017 (SZ) dated 03.03.2021 has stated the following:
"It is seen from the recommendations and observations of the committee that certain steps will have to be taken for the purpose of resolving the issue permanently and they have also mentioned the time within which each person who is responsible to carry out the same as well.
But as per the direction of this Tribunal, there is no independent status report submitted by the State respondents who are expected to take independent steps to resolve the issue from their side while implementing the recommendations made by the committee. Almost all responsible persons who are expected to carry out the recommendations are party to the committee as well. So it cannot be said that they were not aware of their responsibility of carrying out the recommendations in an effective manner so as to save the water body from encroachment as well as pollution which is a constitutional mandate to be discharged by them under Article 48 A of the Constitution of India.
The TNPCB is also expected to file an independent report as a regulator to implement the Solid Waste Management Rules, 2016 in the respective areas and also compliance of the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Page 25 of 40 O.A. No.606 of 2018 in its letter and spirit. But no such independent reports are forthcoming from the regulator as well.
When this was pointed out, the learned counsel appearing for the state departments as well as the TNPCB submitted that if some time is granted, they will come with a detailed status report regarding the compliance and the stage of compliance of the recommendations made by the Joint Committee for resolving the issue permanently and also the present status of the Thangal Eri which is the subject matter in this case.
The committee as well as the State respondents and the local bodies are directed to file their independent further status report of compliance of the recommendations and the present stage of its implementation and improvement, if any made in the water quality on account of the compliance of the recommendations made by the committee and if any further steps will have to be taken to improve the situation, the committee is also directed to submit their further recommendations in this regard and file respective reports to this Tribunal".
It is respectfully submitted that, to comply with the above said Hon'ble NGT (SZ) order, I submit the action taken on the above said subject and the compliance report on the recommendations submitted by the Joint Committee before the Hon'ble NGT (SZ) as below:
Madambakkam Town Panchayat has already carrying out the 100% Door to Door collection of the solid waste generated from the local body area. The segregated Biodegradable waste is subject to composting in the Micro Compost Centre/Resource recovery park and converted into manure and sold out. The Non biodegradable such as plastic waste is recovered and sold out. The remaining non biodegradable waste is stored in the yard located near by the MCC and already imitated action for shifting the same to the Kolathur dump site and it will be completed within 10 days.
It is respectfully submitted that, in connection with the containment of entry of sullage/sewage into the Thangal Eri we have initiated action by way of issuing notice to the households insisting them to plug the discharge of sewage/sullage into the storm water drain leading to Thangal Eri.
The compliance report on the recommendations made by the Joint committee is as follows:
Sl. Recommendation Compliance
No
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1 The Executive Officer ofIn connection with the
Madambakkam Town Panchayat containment of entry of
shall identify the households/ sullage/sewage into the
commercial establishments in their thangal eri we have initiated
local body area letting out sullage/ action by way of issuing sewage into the storm water drain notice to the households reaching the Thangal Eri and shall insisting them to plug the take action to plug the same and shall discharge of sewage/sullage levy fine on the violations under the into the storm water drain provisions of the local body act leading to Thangal eri. It will within a months time. be completed within 2months.
2. The said local body shall identify and We have initiated action provide decentralized community insisting the individual soak pit arrangement at vulnerable households to provide septic locations within the three months tank and soak pit time to prevent the entry of arrangements to prevent the sewage/sullage to the Thangal Eri entry of sewage/sullage to the through storm water drain. Thangal Eri. It will be completed within 2months.
3. The said local body shall ensure The local body collects the 100% collection of solid waste being solid waste by doing 100% generated within its jurisdiction with door to door collection and proper segregation, door to door the collected biodegradable collection, processing and disposal of waste is composted in the the same by complying with the MCC and the non provisions of the Solid Waste biodegradable waste was Management Rules, 2016 within currently disposed to the three months and shall ensure that no Kolathur dump yard after dumping of solid waste happens in removing the recyclable waste the Thangal Eri by deploying such as plastics. The existing security guards. non biodegradable waste will be shifted to the Kolathur dump site and it will be completed within 10 days.
4. The said local body shall levy fine on Action has been initiated to the violators found dumping solid identify the violators and fine waste and disposing sewage into the will be levied on the violators.
water body under Local Body Acts.
5. The said local body shall create Regular awareness being awareness among the public with the carried out in thelocal body help of associations in the local body area. area for proper segregation of solid waste.
6. The said local body with the help of Ensured to comply with.
Revenue Authority shall make fresh survey to identify the exact details of encroachment and to evict them within six months.
Page 27 of 40 Page 28 of 40"REPORT FILED ON BEHALF OF THE 4TH & 7TH RESPONDENTS TAMIL NADU POLLUTION CONTROL BOARD.
I, J. Josephine Sahayarani, Daughter of Jesu Rajan , Christian, aged about 56 years, having my office at 76, Mount Salai, Guindy, Chennai-600032, do hereby solemnly affirm and sincerely state as follows:
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board (TNPCB), Chennai - 32, and I am filing this Report on behalf of the Respondent Tamil Nadu Pollution Control Board (TNPCB) and as such I am well acquainted with the facts of the case from the records.
2. It is respectfully submitted that the Hon'ble NGT has passed order dated 23.09.2021 and directed inter alia as follows:
".... Para 7: the Tamil Nadu Pollution Control Board as well as the Madambakkam Panchayat are directed to file their further report regarding the methodology to be adopted for improving the water quality to "Category A" or "Category- B" and also regarding the implementation of the Under Ground Sewage System (UGSS) in Madambakkam Panchayat and what is the stage of the same and what are all the steps taken by them to prevent untreated sewage being entering into the lake, before the next hearing date".
3. It is respectfully submitted that in pursuance to the said Hon'ble NGT (SZ) order, the area in question the Thangal Eri and the solid waste management facility and the dump site of the Madambakkam Town Panchayat were inspected by the DEE, TNPCB, Maraimalai Nagar on 26.11.2021 and during inspection the following were observed:
i. The Town Panchayat is carrying out the bio-composting of a portion of the Bio-degradable waste generated from its town panchayat area. ii. The Town Panchayat is dumping the solid waste collected from its Town Panchayat area in a compounded open yard located adjacent to the Madambakkam, Thangal Eri.
iii. The Town Panchayat has not taken action for processing of legacy waste dumped, in turn it has proposed to transport the same and to dump in the Kolathur dump site located in the Kattankulathor Block of Chengalpattu District.
iv. Sewage generated from the town panchayat area is still found discharged into the said Thangal Eri.
v. The Town panchayat has stated that they have issued notices to all the residents not to let out the sewage/sullage into the storm water drain which reaches the Thangal eri and to provide individual septic tank and soak pit arrangements and also stated that based on the notice one of the resident has provided soak pit within their premises and plugged the discharge of sewage/ sullage into the storm water drain.
4. It is further submitted that with respect to sewage discharged in to the Thangal Eri, the Board has already issued show cause notice to the Executive Officer, Madambakkam Special Grade Town Panchayat vide proceeding dated Page 29 of 40 23.08.2021. Further, the Madambakkam Special Grade Town Panchayat vide letter dated 31.08.2021 had furnished a reply to the Show Cause Notice stating that the local residences have been instructed to stop the discharge of sewage into Thangal Eri.
5. It is respectfully submitted that the Board has already issued show cause notice to the Madambakkam Town Panchayat under Section 5 of Environment (Protection) Act, 1986 as to why Board shall not levy an interim Environmental Compensation of Rs.30 Lakhs (from April 2020 to June 2021) for not properly carrying out the implementation of Solid Waste Management Rules, 2016 and for not commencing the work of legacy waste remediation process vide dated 03.08.2021.
In view of the above, the TNPCB has issued direction under section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 as amended to the Madambakkam Special Grade Town Panchayat vide proceeding dated 28.12.2021 comply the following conditions/improvement measures within one month:
i. The Madambakkam Town Panchayat shall identify the households/commercial establishments in their local body letting out sullage/sewage into the storm water drain reaching the Thangal Eri and shall take action to plug the same and shall levy fine on the violators under the provisions of the local body Act. ii. The local body shall identify and provide decentralized community soak pit arrangement at vulnerable locations to prevent the entry of sewage/sullage to the Thangal Eri through storm water drain.
iii. The local body shall take action for the implementation of underground sewerage scheme for the collection and treatment of sewage generated from the town Panchayat area.
iv. The Town Panchayat shall comply with the above directions within a month time, otherwise Board shall impose Environmental Compensation as per the formula indicated in the Show cause notice.
6. It is further submitted that, in spite of issue of show cause notice, the said Town Panchayat is not properly carrying out the implementation of the Solid Waste Management Rules, 2016 and not commenced the bio-mining activity of legacy waste. Hence, TNPCB has assessed an interim Environmental Compensation (EC) of Rs.42 Lakhs (population is about 31,681) for the period April, 2020 to December, 2021 for not properly carrying out the implementation of the Solid Waste Management Rules, 2016 and not commenced the bio-mining activity of legacy waste.
Further, the TNPCB has issued directions under Section 5 of the Environment (Protection) Act, 1986 to the Executive Officer, Madambakkam Town Panchayat to remit the Interim Environmental Compensation of Rs.42 Lakhs (Rupees Forty Two Lakhs only) and the Madambakkam Town Panchayat is liable to remit the environmental compensation till the complaince of the following directions vide Board Proceeding dt. 23.12.2021:
Page 30 of 40i. The Madambakkam Town Panchayat shall comply with the provisions of Solid Waste Management Rules, 2016 and shall comply with the orders passed by the Hon'ble NGT in OA 606 of 2018 from time to time. ii. The Madambakkam Town Panchayat shall comply with the recommendations of the Joint Committee constituted by the Hon'ble NGT in OA. No. 17 of 2017 (SZ).
iii. The Madambakkam Town Panchayat shall ensure 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection, processing and disposal by complying with the provisions of the Solid Waste Management Rules 2016.
iv. The Madambakkam Town Panchayat shall expedite and complete the Bio- mining of the legacy waste in accordance with the provisions of Solid Waste Management Rules, 2016.
v. The Madambakkam Town Panchayat shall immediately clear the dumped solid waste in the compounded open yard located adjacent to the Madambakkam, Thangal Eri to avoid water pollution. vi. The Madambakkam Town Panchayat shall immediately stop dumping and ensure that no dumping of solid waste happens in the Thangal Eri by deploying security guards.
vii. The Madambakkam Town Panchayat is liable to pay Environmental Compensation for non compliance of the conditions stipulated vide Sl. No. 1 to
6.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstance of this case and thus render justice."
"Vupf;fiuNahUk; nfhl;lg;gLk; Fg;igahy; Rfhjhu rPu;NfL" a Page 31 of 40 Page 32 of 40 Page 33 of 40 Page 34 of 40 Page 35 of 40 Page 36 of 40 Page 37 of 40 Page 38 of 40 Page 39 of 40 Page 40 of 40