National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 10 March, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.5 BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 90 of 2020 (SZ)
I.A.No.100/2020
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion SUO MOTU
Based on the News Item in the Dinamalar
Chennai edition dated 24.06.2020,
"When will there be a
New dawn for Kadapperi Lake"?
1. The Principal Secretary to Government,
Public Works Department,
Chennai- 600 009.
2. The Secretary to Government of Tamil Nadu,
Department of Environment,
Government Secretariat, Fort St. George
Chennai, Tamil Nadu - 600 009.
3. Additional Chief Secretary to Govt. of Tamil Nadu,
Municipal Administration and Water Supply Department,
Government Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009.
4. The Chairman,
Tamil Nadu Pollution control Board,
No.76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600 032.
5. The District Collector,
Chengalpet District,
Collector Office, GST Road,
Chengalpattu- 603 001.
6. Tambaram Municipality,
Rep. by its Municipal Commissioner,
28, Muthuranga Mudali Steet,
Tambaram West, Chennai - 600 045. ...Respondent(s)
Date of hearing: 10.3.2021
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CORAM:
HON‟BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON‟BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr.V.R.Thirunarayanan for 1 to 3 and 5
Mr.C. Kasirajan through
Ms. Ashwini for R4
I.A.100/2020:
For Applicant/ Mr. V. Vinoth Kumar rep.
Intervener Mr.A.V. Arun,Mr. R. Sivakumar
ORDER
I.A.No.100/2020: This application is filed by Kadaperi Pasumai Padhukapu Nala Sangam to get themselves impleaded in the matter on the allegation that they are interested in protecting the water body and though they have approached the authorities for the purpose of protecting the water body, no steps have been taken and they have produced certain letters and the complaints said to have been sent to the authorities in this regard. They have also produced certain photographs to show the present status of the lake and when they came to know from the newspaper that this Tribunal has suo motu taken action on the basis of the news paper report and being a person interested in protecting the water body, they wanted to come on record to help the Tribunal to effectively adjudicate the issue and filed this application.
2. Heard both sides.
3. We do not think that there is any necessity to implead any 2 party in this proceedings so as to give them a right to file pleadings which will delay the proceedings. This Tribunal has already appointed a Joint Committee to go into the issue and they have already submitted a report to this Tribunal which is monitoring the implementation of the recommendations as well.
4. However, considering the importance of the issue and also being a person said to be interested in protecting the water body, we feel that instead of impleading them, permit them to intervene to help the Tribunal by suggesting the method by which the issue can be resolved in an effective manner without causing any obstruction to the proceedings of the Tribunal and also to the steps taken by the Committee as well as authorities in implementing the directions of this Tribunal will be sufficient and that will meet the ends of justice.
5. So instead of impleading them, we are permitting them to intervene in the matter and help the Tribunal by providing suggestions as to how the things can be solved in a quicker and effective manner. So the application is allowed only to the above limited extent, permitting them to intervene and help the Tribunal but not as a party to the proceedings.
6. With the above directions and observations, the application I.A.No.100 of 2020 is disposed of.
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7. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in Dinamalar, Chennai edition dated 24.06.2020 under the caption "flg;Ngup Vupf;F tpbT fpilg;gJ vg;NghJ?" and appointed a joint committee to go into the issue and submit a report and originally posted the case to 5.10.2020 for that purpose. On 5.10.2020, it was adjourned to 23.11.2020, on 23.11.2020 it was adjourned to 8.1.2021 and on 8.1.2021, it was adjourned to 4.2.2021 by successive notifications. It was taken up on 4.2.2021 for the purpose of consideration of I.A.100 of 2020 filed by the third party to come on record. Since there was no representation on that day, the application I.A.100 of 2020 was not taken up.
8. We have considered the report submitted by the Executive Engineer, WRD, Lower Palar Basin Division, Kanchipuram which was extracted in para 4 of the order and then passed the following order:
"It is mentioned in the report that in order to ascertain the encroachments, survey has to be conducted and proper notice has to be issued and only after following the procedure provided under the Tamil Nadu Protection of Tank and Eviction of Encroachments Act and Rules, 2007 action can be taken. Further, the Pollution Control Board has to take water samples from the lake so as to ascertain as to whether water 4 has been contaminated. As regards restoration and rehabilitation of waterbodies under the control of WRD, there were proposals under Comprehensive Flood Mitigation Project at an estimated cost of Rs.2,000 Crores for which detailed project report has been sent to the government and it is under the consideration of the government and they wanted further time for submission of the joint committee report. The reason stated for the delay was Covid - 19 situation in the State. However, considering the circumstances, we feel that some more time can be granted to the committee to complete the exercise and submit the report.
The Pollution Control Board is also having statutory responsibility independently as a regulator to see whether the Solid Waste Management Rules, 2016 which include the management of liquid waste and also under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 as to whether there is any contamination to the water quality of the lake and if so trace out the persons responsible for the same and take action in accordance with law. But so far no such report has been filed by the Pollution Control Boar as well. So under these circumstances, we feel that some more time can be granted to the Pollution Control Board as well as the Joint Committee to submit the respective reports. Tambaram 5 Municipality is also directed to submit their action taken report regarding the solution for the grievance raised in the newspaper report regarding the discharge of untreated sewage into the lake, causing water contamination before the next hearing date. They are directed to submit their respective reports to this Tribunal on or before 10.3.2021 through 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. If the work is not completed, they are expected to file at least an interim report regarding the nature of work done by them in order to ascertain the things as directed by this Tribunal before the next hearing date. They are not expected to come with vague report without specifying any comprehensive action taken on ground pursuant to the directions given by this Tribunal so as to implement the directions of this Tribunal.
The Registry is directed to communicate this order to the members of the committee and the official respondents and also the Chief Secretary, State of Tamil Nadu through e-mail immediately for compliance of the directions of this Tribunal.
6 And case was posted to today for filing independent response regarding the steps taken by each department to resolve the issue.
9. When the matter came up for hearing today through Video Conference. Dr. Thirunarayanan represented respondents 1 to 3 and 5, Sri. Mr. Kasirajan through Ms. Ashwini represented 4th respondent and Mr. V. Vinothkumar represented the intervener.
10. We have received a report submitted by the Joint Committee dated „nil‟ e-filed on 4.3.2021and received on the same day which reads as follows:
"Compliance of the direction:
In due compliance of the Tribunal, surface water samples from the Kadapperi Lake in Tambaram was collected on 30.9.2020 so as to ascertain the present water quality in the said water body.
Statement showing the value of the physic chemical parameters analysed Parameters Units Point TNPCB Of Standards Collec (in Tion- land Kadaperi surface Lake water) 7 pH @ 250 C no 7.88 5.5-9 Total suspended solids Mg/L 67 100 Total dissolved Solids 1109 2100 BOD 23 30 COD 160 250 CU <0.033 3 Zn 0.25 1 Cd <0.05 2 Lead <0.07 2 Ni <0.05 3 Total chromium <0.01 2 Statement showing the value of Bacterlogical parameters analysed Parameters units Point of Primary Collection- Water quality Kadaperi lake Criteria for Bathing Waters Prescribed by CPCB Total MPN/ 40 500 or less 8 Coliform 100ml Faecal MPN/ <1.8 500 Coliform 100ml (Desirable) 2500 (maximum Permissible) The report of analysis of the water sample collected from the said water body reveals that the physic chemical parameters analysed satisfy the inland surface water standards prescribed by the Board. Futhermore the water sample collected from the Kadaperi Lake in Tambaram analysed for bacteriological parameter Total Coliform except Faecal Coliform meets the Primary Water Quality criteria for bathing waters prescribed by the Central Pollution control Board.
Report of the public works department: Kadapperi tank is located at S.No.154/1, Kadapperi Villae, Tambaram Taluk, Chengalpattu District. Kadapperi Tank is bounded by residences of Tambaram Municipal area in the south and western side, MTC and residences of Tambaram Municipal area in the eastern side Tambaram Madras Export Processing Zone in the northern side. The said waterbody is under the control of the Water Resources Department. Its original ayacut was 44.25 ha an water spread area of 24.29 ha with the 9 storage capacity of 1.38 mcft and with the own catchment area of 3.68 sq.km. The surplus weir is located at the left bank of the Kadapperei Tank. Due to the absence of the surplus course, surplus water spread over in the existing residential streets of Tambaram municipal area and leads to Thiruneermalai Periya Eri and finally confluence to Adyar river at Thiruneermalai point.
There are proposals for rehabilitation and restoration of all tank in overall Kovalam basin under Comprehensive Flood Mitigation Project with an amount of Rs.2000 Crore which also involves creating bio diversity parks/tree planting around the banks of the waterbody protecting the lake against the future encroachment. Detailed. Project report has been sent to government and after approval from the World Bank, the said project scheme will be executed.
Report from the commissioner, Tambaram Municipality:
In due compliance of the Tribunal direction, the Commissioner, Tambaram Municipality furnishes the following detailed report:
Total area of Tambaram 20.72 sq.km
Municipality
Total population of Tamba 174787
Ram Municipality
The ward Nos.2 &4 to 9 We Ward No.2: Dhamodharan Nagar
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St Tambaram areas of Ward No.4: North Kulakkarai
Tambaram Municipality is Street, South Kulakkarai Street,
Located in the vicinity of Muthami Nasgar, R.V. Garden,
The area in question PTC depot drain. ward No.5:
RanganaThapuram 1st street, 2nd
street.
Gandhi Road/GST road drain
Ward No.6: Ranganathapuram
4th Street, Gandhi Road/GST road
drain. Ward No.7: Kadharbai St
Ward No.8:Babuji Stsreet,
Kalayanasundaram Street
Ward No.9: VOC Street
Household in the above 1801 nos
Said area of the said
around lake area
Total generation of sewage 0.72 MLD
in the said areas
Total generation of solid 2.521MT/day
waste in the said area
Solid waste management: Generation of solid waste in the vicinity of Kadapperi lake: 2.521 MT/day (biodegradable waste - 1260 MT 11 and non biodegradable waste - 1.260 MT) Present status of collection and disposal of solid waste: Presently the Tambaram Municipality carries out door to door collection of solid waste using 3 nos. of light commercial vehicles, 3 battery operated vehicles and with 15 sanitary workers. Out of 2.521 T/day solid waste, biodegradable solid waste is 1,260 T/day and the non biodegradable wastes is 1,260 MT/day. Tambaram Municipality is having solid waste processing facility to process the bio degradable waste generated in the Tambaram municipal area to the tune of 28 tons/day for which Board has given authorisation upto 30.9.2020. Non biodegradable waste and non saleable waste are being sent to Kodungaiyur dump site of Greater Chennai Corporation.
Action plan for solid waste management: Short term: Tambaram Municipality to carry out composting of the bio degradable waste at its micro compost centre and to dispose the non biodegradable waste trough the Kodungaiyur dump yard. Tambaram Municipality has proposed to issue notice to the public and to the household not to dump the waste on the road sides and to issue pamphlets regarding the source segregation of the solid waste 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: Door to door collection of segregate solid waste from the 12 households of the Tambaram Municipality will be made 100%. 3 nos. of light commercial vehicle, 3 battery operated vehicle and with 15 sanitary workers will be deplored for the collection of solid waste from the said 1801 households. Micro composting centre has been created at Amman Kovil backside compost center, onsite compost yard at Ranganathapuram and Moulana Nagar of Tambaram to compost the segregated biodegradable wastes of 1260 MT/day and non degradable waste of 1260MT/day will be collected and disposed through Vengadamangalam incineration facility after obtaining necessary permission from the competent authority.
Sewage generation and sewerage system: Generation of sewage in the vicinity of Kadapperi Lake from the said 7204 population in the above 7 wards : 0.72 MLD.
Present method of collection and mode of disposal of sewage: The generated waste water from households and commercial establishments in ward nos 2, 4 to 9 are disposed through individual septic tank arrangements and in the above 7 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 the said Tambaram Municipal area to Kadaperi Lake through UGSS scheme will be completely averted. Action plan for sewage management: Tambaram Municipality has 13 proposed to complete and commission the underground sewerage system with sewage treatment plant for handling the sewage generated from the Tambaram Municipal area within 5 months. Details of the area from which sewage inflow to Kadaperi lake:
Name of street/canal Ward no No. Of Popula House Tion Hold Dhamodharan nagar/north 2&4 169 673 Kulakkarai St., South Kulakkarai street 4 226 904 Muthamiz Nagar RV garden-PTC depot drain 4 106 424 Gandhi road/GST road drain 5 53 240 Ranganathapuram 1st st. 5 83 332 Ranganathapuram 2nd st. 5 133 532 Ranganathapuram 4th st. 6 130 526 Kadharbasha Street, Babuji 7,8,9 259 1037 Street, Kalyanasundaram St Kalyanasundaram St 8 194 776 VOC St 9 16 460 Total 1369 5904 Observations by the Committee: Kadaperi tank is a PWD tank. It 14 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. Kadaperi tank has its own catchment area in an extent of 3.68 sq.km. There are 12 major storm drainage outlet and street drains, draining carrying sewage/sullage to the tune of 0.72MLD generated from the residential and commercial areas located in the 7 wards of Tambaram Municipality into this tank. The tank water is being polluted due to this inflow of sewage mixed storm water from the said Tambaram Municipal area.' Partially treated effluent from the MTC, Tambaram depot and TNSTC reaches the said water body. The surplus weir is located at the left bank of the tank. Due to the absence of the surplus course, surplus water spread over through the existing residential streets of Tambaram Municipal area and leads to Thiruneermalai Periya Eri and finally confluence to adyar river at Thiruneermalai point. The surplus water is drained through inadequate storm water drain. Due to this water level in the tank during monsoon period raises above the tan bund level land spill lover the bund. Encroachments were noticed along a portion of the bund in the northern side and in all sides of the water spread area of the said water body. It is ascertained that 477 encroachments were found in the year of 2009. Dumping of garbage was noticed in the western fringe of the water body. Tambaram Municipality is 15 carrying out the processing of the bio degradable waste collected from the said municipal area and the non bio degradable waste and non saleable waste are sent to Kodungaiyur dump site of Greater Chennai Corporation.
Recommendations: 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 eri. Tambaram Municipality shall levy fine on the violators disposing sewage into the Tambaram Kadapperi Eri under local body acts.
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 within six months and shall ensure that no dumping of solid waste happens in the Kadaperi lake by deploying security guards. Tambaram Municipality shall carry out composting of the biodegradable waste at micro compost center and dispose the non biodegradable waste through the proposed Vengadamangalam incineration facility within 6 months. 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. 16
Tambaram Municipality shall create awareness among the public with the help of associations in the local body are for proper segregation and collection of solid waste.PWD with the help of revenue authorities shall make fresh survey to identify the exact number of encroachment in the said water body within six months and after shall carry out necessary steps to evict them. PWD shall revamp the weir and strengthening of the bunds in the said water body for smooth flow of surplus water and create bio diversity parks/tree planting around the banks of the water body so as to protect the lake against the future encroachment within 6 months by obtaining necessary funds from the government. TNPCB shall take necessary action to present discharge of treated/untreated trade effluent from the MTC/TNSTC bus depots into the said waterbody within three months.
11. We have also received the action taken report submitted by the sixth respondent dated 9.3.3021 which reads as follows:
Action Taken Report Filed by the 6th RESPONDENT I, Chitra, wife of Sukumar, Hindu aged about 42 years, Working as Commissioner, Tambaram Municipality, do hereby solemnly affirm and sincerely state as follows:-
1. I am the commissioner of the Tambaram Municipality the sixth respondent herein and well conversant with the facts of the case from the connected files. I am filing the following Report for the 17 consideration of the Honourable Tribunal.
REPORT FROM COMMISSIONER, TAMBARAM MUNICIPALITY In due compliance of the said Hon'ble National Green Tribunal direction (90 of 2020 (SZ), Kadaperi Eri) the Commissioner, Tambaram Municipality furnishing the following detailed report:
1. Total Area of the Tambaram 20.72 Sq Km Municipality
2. Total Population of the Tambaram 174787 Municipality :
3. The Ward No.2,4,5,6,7,8 & 9 West Ward No.2 Tambaram areas in question 1. Dhamodharan Nagar traverses through habitations of Ward No.4 Tambaram Municipality 1. North Kulakkarai Street
2. South Kulakkarai Street
3. Muthami Nagar
4. RV Garden
5. PTC Depo Drain Ward No.5
1. Ranganathapuram 1st Street, 2nd street
2. Gandhi road/GST Road Drain Ward No.6
1. Ranganathapuram 4th Street,
2. Gandhi road/GST Road Drain Ward No.7
1. Kadharbai Street, Ward No.8
1. Babuji Street 18
2. Kalyanasundaram Street Ward No.9
1. VOC Street
4. Household in the above said area 1801 Nos.
of the said around lake area :
5. No of Wards covered surplus 7 wards (Ward No. 2,4,5,6,7,8 & channel in the area: 9 of the Tambaram Municipality)
6. Total Generation of sewage in the 0.72 MLD said areas:
I. SOLID WASTE MANAGEMENT Generation of total Solid Waste in the above Wards of the Municipality: 2.521 MT/day (Biodegradable waste -1.260 MT and Non Biodegradable waste - 1.260 MT) Present status of collection and disposal of solid waste:
Presently the Tambaram Municipality carries out door-to-door collection of solid waste of 3 nos of Light Commercial vehicle, 3 Battery Operated vehicle, and with 15 sanitary Workers. Out of 2.521 T/day solid waste, biodegradable solid waste is 1.260 T/day and the non biodegradable wastes is 1.260MT/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 19 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 through the 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 and the Solid Waste Management Bye-Laws of the Municipality.
Long Term :
1 Door to Door Collection of segregated solid waste from the households of the Tambaram Municipality will be made 100% 2 3 nos of Light Commercial vehicle, 3 Battery Operated vehicle and with 15 Sanitary Workers will be deployed for the collection of solid waste from the said 1801 households. 3 Micro composting centre has been created at Amman Kovil backside compost center, Onsite site compost yard at Ranganathapuram & Moulana Nagar of Tambaram to compost the segregated Biodegradable wastes of 1.260 MT/day and non degradable waste of 1.260MT/day including plastic waste will be collected and will be sent to cement factories for co processing.20
4 The Tambaram Municipality 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 7204 Population in above 7 wards: 0.72 MLD. Present method of collection and mode of disposal of sewage:
The generated waste water from households and commercial establishments in ward nos. 2,4,5,6,7,8 & 9 are disposed through individual septic tank arrangements. In above 7 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 Kadaperi Lake through UGSS scheme will be completely averted.
Action Plan for Sewage Management Short Term The Tambaram Municipality to remove the blockage in the existing sewer line using mechanical jet rodding machine for provide smooth flow of sewage.
Long Term Tambaram Municipality Now, implementing of UGSS scheme, The scheme is nearly completed, When both these schemes are completed 21 in another five months the flow of sewage from Tambaram Municipality to Kadaperi Lake will be completely averted.
Hence I therefore pray that this Hon'ble Tribunal may be pleased to dispose-off the Application No.90 of 2020 and thus render justice."
12. It is seen from the Joint Committee Report that certain things will have to be done by each department, including conducting further survey to identify the exact number of encroachments and taking steps to remove the same. They have not mentioned the specific time line within which the action will have to be taken. The Tambaram Municipality though gave short term and long term measures in their report, they have not mentioned within what time they will complete the same. Even as per the provisions of the Solid Waste Management Rules, 2016, they are expected to implement the same in its letter and spirit within the time frame provided under the Rules itself and most of the time line provided in that Rule has already expired. As regards long term measures also, they have not mentioned how much time they require for the implementation of the underground sewage system etc.
13. Further, the Principal Bench of the National Green Tribunal in O.A.No.606/2018 has taken cognizance of the implementation of the Solid Waste Management Rules, 2016 in PAN India basis and regular directions are being given for the 22 implementation of the same and directions have already been issued to take action against those local bodies which are not complying with the direction. Inspite of this, the implementation of the Solid Waste Management Rules, 2016 in the local bodies is moving at a snail‟s pace.
14. So under these circumstances, we feel that the Committee as well as the Municipality and the respective departments are directed to come with specific time line within which these things will be implemented and how this will have to be carried out by the inter-departmental coordination to remove the encroachment and protecting and cleaning the water body etc.
15. So under these circumstances, the Committee, District Collector, Chengalpattu District, Public Works Department and the Pollution Control Board, Tambaram Municipality are directed to come with independent status report and action taken report from their side to resolve the issue permanently within a shorter time line and if there is any violation found, what is the nature of action taken by them departmentally which they are expected to take against the violators and regarding the implementation of the Solid Waste Management Rules, 2016 in that area and also the compliance of the directions issued by the Principal Bench in O.A.606/2018 on or before 22.4.2021 by e- filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of 23 Image PDF along with necessary hardcopies to be produced as per Rules.
16. The Registry is directed to communicate this order to the Members of the Committee, Pollution Control Board, Public Works Department, Tambaram Municipality, Chief Secretary, Government of Tamil Nadu, Secretary to Government, Local Administration Department, Secretary to Government, Public Works Department, Secretary to Government, Irrigation Department and Secretary to Government, Revenue Department for their information and compliance of the directions. For consideration of further report and action taken report, post on 22.4.2021.
..................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.90/2020, 10.3 .2021 kkr 24