National Green Tribunal
M. Dhamotharan S/O Marappan vs The Secretary To Government, ... on 10 June, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.17:
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
...Applicant(s)
Versus
The Secretary to Government,
Environment & Forest Department,
Chennai and Ors.
...Respondent(s)
Date of hearing: 10.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mr. Kamlesh
For Respondent(s): Dr. V.R. Thirunarayanan for R1, R2, R4 & R5.
Mr. C. Kasirajan through Ms. Ashwini for R3
Mr. P. Srinivas for R6
ORDER
1. As per order dated 16.02.2021, this Tribunal had considered the reply submitted by the Public Works Department and Water Resources Department signed on 15.02.2021 and received on 16.02.2021 which was [1] extracted in para 4 of the order and thereafter passed the following order:
5. It is seen from the report that they have now entrusted the study regarding the rejuvenation of Nanjarayan Lake to the National Environmental Engineering Research Institute (NEERI), Chennai and the NEERI is expected to inspect the lake in question on 17.02.2021 and on the basis of the results, further action will be planned.
6. It may be mentioned here that they did not mention anything about the work to be done for maintaining the STP which is non functional since long time. Even as per order dated 23.11.2020, this Tribunal had directed the Chief Secretary, State of Tamil Nadu and the Principal Secretaries of Municipal Administration and Public Works Department and Irrigation to look into the issue and provide necessary assistance for the purpose of implementing the recommendations of the committee by providing necessary logistics and fund for this purpose and also for making the STP functional at the earliest.
7. Inspite of that, nothing has been mentioned regarding the action taken for making the STP functional, except stating that they require some fund and request has been sent to the Government and for which two more months time is required. The non-functioning of the STP itself is a black mark on the part of the concerned department as now untreated sewage is being discharged into the lake which causes pollution to the lake water.
8. Further, this Tribunal has directed the committee also to suggest the methods by which the quality of the water in the lake and storm water drain can be improved further so as to make it potable. The revenue department was also directed to file a detailed report regarding the extent of the Nallaru Odai and the lake and if there is any encroachment to the same, what are all the steps taken by them to remove the encroachment so as to make the Nallaru Odai to carry the storm water in rainy season which acts as a inlet of excess storm water into the lake. If there is no possibility of removing the encroachment for any reason (this may not be an excuse for not removing unauthorized encroachment), then what are all the alternative methods by which the sewage as well as the storm water can be diverted from the available Nallaru Odai after proper treatment into the lake.
9. Except the Public Works Department (PWD), others have not filed any report as directed.
10.So under such circumstances, we direct the committee, Tamil Nadu Pollution Control Board, local bodies and respective departments to come with a detailed action taken report on the basis of the directions given earlier by this Tribunal.
11.The Chief Secretary, State of Tamil Nadu as well as the Principal Secretaries of Municipal Administration and Public Works Department and Irrigation are also directed to look into the issue and then submit independent reports as to what is the nature of steps taken from their side to implement the direction of this Tribunal so as to make the lake pollution and encroachment free.
12.The above mentioned authorities are directed to submit their respective reports to this Tribunal on or before 24.03.2021 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.[2]
13.The Registry is directed to communicate this order to the members of the committee, official respondents and concerned department and also to the Chief Secretary as well as Principal Secretaries as mentioned above by email immediately so as to enable them to comply with the direction and also for filing respective reports as directed.
2. The case was originally posted to 24.03.2021 for consideration of further reports. Thereafter it was adjourned from time to time and lastly it was adjourned to today by notification dated 29.04.2021.
3. When the matter came up for hearing today Mr. Kamlesh represented the applicant. Dr. V.R. Thirunarayanan represented respondents 1, 2, 4 & 5, Mr. C. Kasirajan through Ms. Ashwini represented 3rd respondent and Mr. P. Srinivas represented 6th respondent.
4. We have received the action taken report submitted by the Joint Committee dated nil, e-filed on 25.03.2021 and received on 26.03.2021 which reads as follows:
ACTION TAKEN REPORT OF JOINT COMMITTEE SUBMITTED BEFORE THE HON'BLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAIIN THE MATTER OF ORIGINAL APPLICATION NO. 164 OF 2017 (SZ), M. DHAMOTHARAN Vs THE SECRETARY TO GOVERNMENT, ENVIRONMENT & FOREST DEPARTMENT, GOVERNMENT OF TAMILANDU, AS PER ORDER DATED 16thFEBRUARY, 2021
1. Background In the matter of Original application No. 164 of 2017, Thiru.
D.Dhamotharan Vs The Secretary to Government, E&F Department, Government of Tamil Nadu, Chennai and 5 others has passed an order dated 13/12/2019 to constitute a committee comprising of the following members namely District Collector, Tiruppur, Senior Scientist/representative of regional office of CPCB, Tamil Nadu State Pollution Control Board, Commissioner, Tiruppur Municipal Corporation, Senior Engineer of Public Works Department (PWD) Water Treatment Organization, one scientist from NEERI and Indian Institute of Technology (IIT) Chennai.
In compliance to Hon'ble NGT order, Tamil Nadu Pollution Control Board constituted the committee. The Committee has carried out the field visit to [3] the area in question which is a subject matter in O.A. No 164 of 2017 during February 04th& 05th, 2020 and already detailed report of the committee was filed before Hon'ble NGT The Hon'ble NGT heard the case on 23.11.2020 and passed an order that "
4. It is seen from the report that though ETPs & CETPs in the area are functioning but it is not to its optimal level. That shows that the effluents from the industrial estates are not being fully diverted to the ETPs and CETPs for the purpose of treatment. Further, it is seen from the report that there are certain gaps found regarding the salt actually recovered by the CETP and stock/disposal shown by them. The housekeeping of these treatment plants are also not in proper condition and that will have to be improved. Further, it will be seen from the report that Nallaru Odai and the Baby canal and also some portion of the Nanjarayan Lake showed untreated sewage being discharged and also the water contains some heavy metals which according to the committee was due to discharge of domestic and untreated sewage and also the possibility of industrial effluents being discharged into the baby canal and odai which ultimately reaches the lake.
5. It is also seen from the report that STP has been constructed by the Public Works Department (PWD) to improve the water quality of the lake. But, it was not made functional and due to the non functioning of the STP, machineries are being rusted and requires large scale maintenance. Since the STP is not made functional, sewage collected from that area is being discharged into the odai without treatment which reaches the lake. Inspite of finding that there are violations, they have not taken any steps to assess environmental compensation and also for violation of the Solid Waste Management Rules, 2016 as has been directed by the Principal Bench of National Green Tribunal in O.A. No.606 of 2018 and other similar matters of this nature.
6. So under such circumstances, we feel that the committee can be directed to come with a further report rectifying the above aspects and also direct the concerned departments to whom directions have been given by the committee for improving the situation to come with an action plan for implementing those recommendations so as to make the Nanjarayan Lake free from pollution.
7. The committee is also directed to give further suggestions regarding the methods by which the quality of the water in the river can be improved further so as to make it potable.
8. The Revenue Department is also directed to submit a detailed report regarding the extent of the Nallaru Odai and the lake and if there is any encroachment to the same, what are all the steps taken by them to remove the encroachment so as to make the Nallaru Odai to carry the storm water in rainy season which act as a inlet of excess storm water into the lake. If there is no possibility of removing the encroachment for any reason, then what are all the alternative methods by which the sewage as well as the storm water can be diverted from the available Nallaru Odai after proper treatment into the lake.
In compliance to Hon'ble NGT The Committee met on January 05, 2021 and reviewed status of measures taken to improve the water quality of Nanjarayan Lake. During the meeting the representatives of the PWD, Tirupur City Municipal Corporation and TNPCB are [4] directed to submit the individual action taken report as directed by the NGT. On the same day site inspection was carried out by the committee members to visualise the measures taken to prevent the pollution Nallaru Odai. Due to delay in receiving action plan of respective department the committee requested Hon'ble NGT to permit some more time submission of the report. The Hon'ble NGT heard the case on 16.02 .2021 and passed an order (Annexure -1) that;
".........Para 8.Further, this Tribunal has directed the committee also fo suggest the methods by which the pea/icy of the water in he lake and storm water drain can be improved fudher so as to make it potable. The revenue department was also directed to file a detailed report regarding the extent of the Nallaru Odai and the lake and if there is any encroachment 7o the same, what are all the steps taken by hem to remove the encroachment so as to make the Nallaru Odai to carry the storm I/vales in rainy season which acts as a inlet of excess s7orm water into the lake. If there is no possibilitj/ of removing the encroachment for any reason (this may not be an excuse for no7 removing unauthorized encroachment), then what are all the alternative methods by which the sewage as well as the storm vrafer can be diverted from the available Nallaru Odai after proper treatment into the lake".
"Para 9. Except the Public Works Department (PWD), others have not filed any report as directed".
"Para 10. So under such circumstances, we direct the committee, Tamil Nadu Pollution Control Board, local bodies and respective departments to come with a detailed action taken report on the basis of the directions given earlier by this Tribunal".
"Para 11. The Chief Secretary, State of Tamil Nadu as we// as the Principal Secretaries of Municipal Administration and Public Works Department and Irrigation are also directed to look into the issue and then submit independent reports as 7o what is the natnre of steps taken from their side to implement the direction of this Tribunal so as to make the lake pollution and encroachment free".
"Para 12. The above mentioned authorities are directed to submit their respective reports of this Tribunal on or before 24.03.2021 bj/ 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"
2. Status of Action taken to improve the water quality of Nallaru Odai and Nanjarayan Lake;
In Compliance to above mentioned order of NGT, the committee reviewed the following w.r.t suggestions of Committee to improve the Water Quality;
(a) Rejuvenation of Nallaru Odai : Action taken by Tiruppur City Municipal Corporation.
The Tiruppur City Municipal Corporation has been accorded with administrative approval for providing underground sewerage system to uncovered areas of Tirupur city Municipal Corporation at a cost of Rs.
[5]525.92 Cr. The project has been taken up under AMRUT 2017-20 programmes with financial assistance from Asian Development Bank. The project has been divided into 4 packages and agencies for execution of the works have been fixed. Necessary agreement has also been executed with the contractors. Out of 4 packages, package 1,2 and 3 relates to establishment of sewage collection system and package 4 covers Sewage Treatment Plants (STP) of capacity 20 MLD and 36 MLD. The Tiruppur Corporation authority has informed that the collection system works are already started and the works are expected to be completed by June 2023.The detailed Rroject report preRared by Tiruppur City Municipal Corporation on above mentioned activities is attached as (Annexure-2).
(b) Operation of STP Constructed by PWD to Improve the water Quality of Lake:
PWD has informed that they have sent a new proposal to the government for maintenance of the sewage treatment plant and requested time of two more months to get the maintenance fund from the government for operating the STP.
(c) Rejuvenation of Nanjarayan Lake : Action taken by The Public Works Department (PWD) The Public Works Department and Water Resources Department have already submitted a report signed on 15.02.2021 before Hon'ble NGT.
Further The Public Works Department have collected samples from Nanjarayan lake in so-ordination with National Environmental Engineering Research Institute, Chennai and the results are awaited .It was informed by the PWD that based on the results further necessary actions will be planned accordingly.
(d) Monitoring of CETP and Their Member units: Action taken report of Tamil Nadu Pollution Control Board.
As per the suggestions of joint committee 2 CETPs namely M/s. Angeripalayam CETP LTD., and M/s. Park CETP PVT LTD taken following measures under the supervision of Tamil Nadu Pollution Control Board;
i. Measures taken by Angeripalayam CETP: As per the suggestions of the committee, CETP has taken the following actions to monitor the water quality in Nallaru Odai.
Installation of online TDS monitoring station: Angeripalayam CETP has installed online TDS monitoring station-3 Nos in the Nallaru Odai, one at the downstream of Park CETP member units and another at downstream of Angeripalayam CETP and its member units. Also one online TDS monitoring station installed in the storm water drain inside the premises of Angeripalyam CETP (Refer Photo Below) Installation of Surveillance CCTV camera.
Angeripalayam CETP has installed 6nos of surveillance CCTV cameras to monitor the pipe line and manhole for leakages if any in six following locations:
[6]S.No CCTV Location Number Installed Location of the CCTV 1 3-CCTV D/s of Sri Valli Process (East facing) 2 4-CCTV D/s of Sri Valli Process (West facing) 3 10-CCTV U/s of welcome Dyers (West facing) 4 11-CCTV U/s of Nagsai Colours (West facing) 5 12-CCTV U/s of Nagsai Colours (East facing) 6 13-CCTV Angeripalayam CETP Aeration Tank (West facing) Regular Daily monitoring of the Effluent Collection to Manhole and pipe line conveyance system: The Angeripalayam CETP has engaged 23 persons for monitoring the effluent manholes and pipeline conveyance system located in the Nallaru Odai round the clock. The system is being practiced on daily basis and records being maintained.
Further, the CETP is monitoring the member units effluent flow by comparing both the Electro Magnetic Flow Meter readings located in the individual member unit premises and in the CETP premises so as to avoid any difference and to ensure100% effluent pumped from member units reaches the CETP without leakages/overflow .
Proper time schedule is being maintained by the CETP with a SCADA system for pumping of effluent from member units with allotted time to the pipeline conveyance system so as to avoid overflow in manholes. Regular and Periodical maintenance for the cleaning and revamping works are carried out to avoid the leakages, blockages and overflow in the effluent collection and conveyance system.
The effluent conveyance manholes are cleaned / Jet cleaned on weekly basis as per the requirement.
The following Improvement works are carried out inside the premises of Angeripalayam CETP.
o The CETP has provided online monitoring system (pH, EC, TDS) in the Storm Water drain located within the CETP premises. o The CETP has removed the solar evaporation pans area of 1884 Sq.M as per the instructions of committee and the details of the same are as mentioned below:
a) The CETP has removed the salt from these solar evaporation pans which was noticed by the committee during earlier inspection and the same is stored safely under covered shed.
b) The CETP has converted the solar evaporation pans area I part of 466.sq.M as chemical sludge storage shed.
c) The CETP has converted the solar evaporation pans area II part of
466.sq.M as Bio sludge storage shed.
d) The CETP has converted the solar evaporation pans area III part of
466.sq.M as Multiple Effect Evaporator -III Clean In Place Drain tank
e) Balance 486 Sq.m area of solar evaporation pan is utilized as bio sludge drying yard with polycarbonate roofing (Construction under progress).
ii. Measures taken by Park CETP: As per the Suggestions of the joint committee, M/s Park CETP has taken the following actions to monitor the water quality in Nallaru Odai.
[7]There are 4 number of member units in park CETP. The CETP has only pressurized pipeline for conveyance effluent, hence there no manhole effluent conveyance system.
Installation of online TDS: Park CETP has installed online TDS monitoring station in Nallaru Odai in the upstream of Park CETP member units. S.NO Reference Number Location of online TDS meter 1 1-TDS 1. TDS Meter (U/s of Karthikai Textile Mills) 2 2-TDS 2. TDS-Meter-D/s of park members (Poomparai Bridge) Installation of CCTV camera: Seven Surveillance CCTV (Closed Circuit Tele Vision) cameras were provided to monitor the river for anunauthorized / illegal discharge if any.
The Surveillance CCTV Camera were installed following locations to focus Nallaru Odai, o Upstream of Member unit of Park CETP -Karthikai Textile Mills -1 No. o In front of Entrance gate of Karthikai Textile Mills -1 o No. Angeripalayam Road Bridge in the eastern side -1 No. SVP Knit Processors Southern side compound wall -1 No. o SVP Knit Processors compound wall (Near Diesel Generator room)-2 Nos.(one facing East and the other facing West o End of SVP knit Processors Compound wall -- 1 No. In the downstream of Park CETP an online TDS meter was already provided by Angeripalayam CETP. This is common for both CETPs. This point is downstream and boundary of Park CETP and its member units. Park CETP management had made arrangement for monitoring the effluent pipeline conveyance system located in the Nallaru Odai round the clock. The system is being practiced on daily basis and records being maintained. Further, the CETP is monitoring the member units effluent flow by comparing both the Electro Magnetic Flow Meter readings located in the individual member unit premises and in the CETP premises so as to avoid any difference and to ensure 100% effluent pumped from member units reaches the CETP without leakages/overflow .
Proper time schedule is being maintained by the CETP for pumping of effluent from each of their member units with allotted time to the pipeline conveyance system.
Regular and Periodical maintenance for the cleaning and revamping works are carried out to avoid the leakages and blockages in the effluent conveyance system.
S.No CCTV Location Number Installed Location of the CCTV 1 1-CCTV U/s of Karthikai Textile Mills (East facing) 2 2-CCTV D/s of Karthikai Textile Mills (East facing) 3 3-CCTV U/s of Sri Valli Process (East facing) 4 4-CCTV D/s of Sri Valli Process (West facing) 5 5-CCTV D/s of Angeripalayam Bridge (East facing) 6 6-CCTV U/s of SVP Knit Process (South facing) 7 7-CCTV D/s of SVP Knit Process (East facing) [8] 8 8-CCTV D/s of SVP Knit Process (West facing) 9 9-CCTV D/s of SVP Knit Process boiler shed (East facing) 10 10-CCTV U/s of welcome Dyers (West facing) 11 11-CCTV U/s of Nagsai Colours (West facing) 12 12-CCTV U/s of Nagsai Colours (East facing) 13 13-CCTV Angeripalayam CETP Aeration Tank (West facing) Recent Paper articles on improvement of water quality of Nanjarayan Lake:
The actions being taken from the concerned departments for the continuous improvement of the lake. Recent articles in the Dinamalar news paper dailies is indicating the quality of water in the Nanjarayan Lake is getting improved day by day. It was known from the newspaper dailies that the exotic birds from other countries are coming to Nanjarayan Lake for their reproduction. The public has also requested for upgrading the lake as bird sanctuary as the detail of birds visiting the lake has already been documented. (Photos attached).
In one of the article it was learnt that rare bird Gadwall (Karuval vathu) has visited the Nanjarayan Lake recently (Photos attached). From other article, it was known that 150 rare bird species from other countries are visiting the lake regularly for their reproduction (Photos a2ached) which indicates the improvement of water quality due to stoppage of entry of industrial effluent into Nallaru Odai.
3. Conclusion of committee :
a. The Tiruppur Municipal Corporation has taken up project to install Under Ground Drainage system to uncovered area and to install STPs. b. The STP constructed by PWD near to Nanjarayan Lake is found non functional and also found no progress made to operate. G. PWD has taken steps for assessment of quantity and quality accumulated silt of lake with National Environmental Engineering Research Institute, however no steps have been taken to delineate the water tank area, construction of bund, fencing to protect the water body from human inception etc., d. Two CETPS are taken measures as per the suggestion of the committee, however close monitoring is required to ensure illegal discharge of any effluent from conveyance line and from the premises of thèse two CETPs.
Signature of Committee Members
5. The Public Works Department has also filed reply with certain annexure signed by the officer, who had filed the same on 19.03.2021, e-filed on [9] 22.03.2021 and received on the same date which reads as follows:
Reply by Public Works Department/Water Resources Department Executive Engineer Bhavanisagar Dam Division Bhavanisagar
1. The above case posted for consideration of the report by the Joint Committee constituted by this Tribunal with observations and recommendations pertaining to the above division for which the reply is submitted as follows:
a) Rejuvenation of Nallaru Odai To take steps to rejuvenate the Nallaru Odai by evacuating the encroachments as per Re-survey records of Tamil Nadu Government.
Initiatives have been taken to evacuate the encroachments on the Nallaru Odai. List of encroachments was received from Tahsildar of Tirupur North Taluk vide letter dated 20.04.2018. About 147 Nos. of encroachments was identified and listed. Further, notices have been issued to the encroachers through public works department. (Annexure 1) Mean time the encroachers requested for alternate place for housing. After considering their representation the encroachment list has been forwarded to Tamil Nadu Slum Clearance Board in Tirupur vide Executive Engineer Bhavaniugar Dam Division Letter dated 01.07.2019 ( Annexure-Ii) for consideration to allot alternative tenements in their ongoing projects. At this juncture after getting allotment for alternate dwellings the encroachments will be evicted and cleared.
To take Regular maintenance of Nallaru Odai Desilting and renovating the side walls of Odai.
To desilt, clean the jungle and construct retaining walls in Nallaru Odai an estimate is prepared at project cost of 23.75 crores. The proposal envisages primarily removing the jungles and vegetations removal of sediments, construction of drainage inlets on the banks & construction of retaining walls at vulnerable location.
This estimate of proposed work is being forward to the Government of Tamil Nadu through the Public Works Department for Administrative sanction which is in the process. After getting Administrative sanction from the Government of Tamil Nadu necessary action may be taken up complete the work within a year.
6. It is also seen from the annexure addressing letter to the Chief Engineer, WRD, Coimbatore Region seeking for certain financial assistance and sanction vide their letter dated 16.03.2021.
7. It is also seen from the report that there are certain improvement made but the present status of the lake, water quality of the lake is yet to be [10] ascertained on the basis of the further study to be conducted. The progress of the work is not moving as expected, even regarding the encroachment to be removed from Nallaru Odai and also regarding the implementation of underground sewage system by Tiruppur Corporation and restoring the disfunctional STP operated by PWD near the lake are yet to accomplished. As regards the underground sewage system is concerned, it was mentioned that it will be fully operational by June, 2023. There is nothing mentioned in the report as to what are the short term measures that have been adopted by the Tiruppur Corporation to remedy the situation of preventing the untreated sewage reaching the lake. PWD also did not come with any clear action taken plan as to how they are going to maintain this lake by proper maintenance and de-siltng the same, which work has not been done for a quite long time. Unless such steps are quickened, it cannot be said that the efforts taken by the Tribunal to stimulate and motivate the local bodies who are sleeping over their rights and duties could not be accomplished as expected. Even, if the application is closed by giving direction to complete the same within a time frame, this Tribunal opines that unless some more monitoring is done for some more time to put this in action, they will not rise to the occasion and complete the same within the time fixed by this Tribunal.
This Tribunal cannot wait for these things to be completed for a longer period as projected by the Corporation, namely, June, 2023. Pollution [11] Control Board also did not file any report regarding the quality of the water in the lake after certain improvements have been made on the basis of the recommendations made by the Committee which was discussed by this Tribunal in earlier orders.
8. Unless steps are taken at the higher level, namely, Secretary level to see that such projects are implemented within a short time, by providing technical and financial assistance on priority basis the ecosystem restoration as expected could not be achieved.
9. So considering the circumstances, we direct the Committee, Pollution Control Board, Public Works Department and Tiruppur Corporation to come with proper action taken plan with shorter time line to remedy the situation permanently and also provide effective short-term measures to achieve the purpose till the expected projects are put to operations.
10.The District Collector, Tiruppur is also directed to coordinate with the stakeholders and come with proper action plan as to how the water bodies within their jurisdiction including this can be rejuvenated and restore the ecosystem as before and make the water body free from pollution and encroachments.
11.The Chief Secretary in coordination with the Principal Secretaries of Environment, Industries, Public Works Department, Irrigation, Municipal Administration, Water Supply to come with a proper action plan and monitoring system to implement the schemes said to be evolved by the [12] officials mentioned above in an effective manner with a shorter time lines before the next hearing date.
12.The respective officials are directed to submit the reports as directed by this Tribunal on or before 24.08.2021 by e-filling 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.
13.The Registry is directed to communicate this order to the members of the Committee, official respondents mentioned above and also to the Chief Secretary and Principal Secretaries of Environment, Industries, Public Works Department, Irrigation, Municipal Administration, Water Supply for their information and compliance of the directions.
14.For consideration of further reports, post on 24.08.2021.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Dr. K. Satyagopal) O.A. No. 164/2017(SZ) 10th June, 2021. (AM) [13]