National Green Tribunal
Zion Nagar Plot Owners Welfare ... vs Member Secretary, Tamil Nadu Pollution ... on 20 May, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.11 & 12:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.90 of 2015 (SZ)
With
Original Application No.104 of 2016 (SZ)
(Through Video Conference)
IN THE MATTER OF
Zion Nagar Plot Owners Welfare Association
(Regn. No.12/2013)
Rep. by Mr. M. Ramesh Babu,
S/o. Mothiraman, No.1, 1st Floor,
Venkateswara Nagar, 3rd Main Road,
Velacherry, Chennai - 600 042.
....Applicant (s)
Versus
Member Secretary,
Tamil Nadu Pollution Control Board,
No.76, Mount Salai,
Guindy, Chennai and Ors.
... Respondent(s)
With
Nandivaram Radha Nagar Residents Welfare Association
(Regn. No.651/2010)
Rep. by its Secretary, Mrs. N. Bhuvana
W/o. Dakshinamurthy,
Plot No.6, Radha Nagar,
Nellikupam Road, Nandivaram, Guduvancherry,
Kancheepuram
....Applicant (s)
Versus
Member Secretary,
Tamil Nadu Pollution Control Board,
No.76, Mount Salai,
Guindy, Chennai and Ors.
... Respondent(s)
Page 1 of 24
(O.A. No.90/2015):
For Applicant (s): None.
For Respondent(s): Mr. C. Kasirajan through
Ms. D. Ashwini for R1, R2.
Dr. V.R. Thirunarayanan for R4 to R8.
(O.A. No.104/2016):
For Applicant (s): None.
For Respondent(s): Mr. C. Kasirajan through
Ms. D. Ashwini for R1, R2.
Dr. V.R. Thirunarayanan for R4.
Date of hearing: 20.05.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
ORDER
1. As per order dated 28.01.2021, this Tribunal had considered the earlier orders passed by this Tribunal, directing the regulators to file a further progress report regarding the implementation of the Solid Waste Management Rules, 2016 in their respective areas and thereafter, passed the following order:-
"4. The case was posted to today for the purpose of filing the reports. But in spite of that, no reports have been received as directed. It is quite unfortunate and we are unable to understand as to why the regulators and the district administration are not showing interest in implementing the Page 2 of 24 directions of this Tribunal and for complying with the direction issued by this Tribunal. They are failing to note the fact that the non-compliance of the directions issued by this Tribunal will attract the provisions as provided Under Section 25 & 26 of the National Green Tribunal Act, 2010.
5. They have got a responsibility as a regulator to implement the statutory provisions in respect of disposal of the waste that is being generated in a scientific manner as provided under the respective statutes and this is also being monitored by the Principal Bench in O. A. No. 606 of 2018 and in spite of several directions issued, not much improvement has happened in the implementation of the same. So this Tribunal wants to make it clear that if, the regulating authorities and the implementing authorities are not discharging their responsibilities as required under the Solid Waste Management Rules, 2016 then, they are likely to face the consequences of the non compliance of the same and they will be liable to pay environmental compensation as fixed by this Tribunal for their non compliance of the statutory obligations to protect environment apart from the compensation to be recovered from them as fixed by the Principal Bench of National Green Tribunal in O. A. No. 606 of 2018 which the State Pollution Control Board is expected to implement.
6. We have received a letter said to have been sent by the Executive Officer of Nandhivaram Guduvancherry Municipality to the Deputy Director of Panchayat which is in Tamil and they are directed to submit a translated copy to this Tribunal as required under the rules along with the report to be submitted as directed by this Tribunal. The Individual local bodies, the committee appointed by this Tribunal the District Administration and the Pollution Control Board are also directed to submit their independent report apart from filing a further status report of implementation of the above rules, so as to enable this Tribunal to ascertain the ground level action taken by the authorities to strictly implement the provisions of the Solid Waste Management Rules, 2016 in its letter and its spirit and that itself was passed for the purpose of protection of environment and not for destruction of environment.
7. In the mean time, we request the Chairman of the Tamil Nadu State Level Monitoring Committee, appointed by the Principal Bench of National Green Tribunal in O. A. No. 606 of 2018 also to look into the issue and submit the status report of the implementation of the Solid Waste Management Rules, 2016 in these locations before the next hearing date.
8. They are directed to submit their respective reports on or before 23.03.2021 by e-filing in the form of searchable PDF/OCR Support PDF Page 3 of 24 and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
9. The Registry is directed to communicate this order to the members of the committee, the Chairman, State Level Monitoring Committee and also to the Chief Secretary, State of Tamil Nadu as well as official respondents immediately through e-mail, for their information and further action and compliance of the direction."
2. The case was originally posted to 23.03.2021 for filing further status reports and also the progress report including the action taken report.
Thereafter, the matter has been adjourned from time to time by notification and lastly, it was adjourned to today by notification dated 16.04.2021.
3. When the matter came up for hearing today through Video Conference, there is no representation for the applicant in both the cases. Mr. C. Kasirajan through Ms. D. Ashwini represented respondents 1 & 2 in both the cases, Dr. V.R. Thirunarayanan represented respondents 4 to 8 in O.A. No.90/2015 and 4th respondent in O.A. No.104/2016.
4. It is seen from the report submitted by the local body that there was a Writ Petition filed by a person from that locality before the Hon'ble Madras High Court as W.P. No.5457 of 2020 against the selection of children park as garbage dumping facility and the Hon'ble High Court of Madras by Judgment dated 05.03.2020, directed the 2nd respondent therein namely, Executive Officer, Nandhivaram Guduvancherry Town Page 4 of 24 Panchayat to look into the same and dispose of the representations within a period of six weeks from the date of receipt of this order and with that direction, Writ Petition was disposed of.
5. The Nandhivaram Guduvancherry Town Panchayat has filed the status report signed by the Executive Officer on 19.03.2021 e-filed on 22.03.2021 and received on 24.03.2021 which reads as follows:-
"Status Report filed by N. Guduvancheri Town Panchayat I, Thiru. M. Venkatesh, presently discharging my duties as Executive Officer of the Nandhivaram Guduvancheri Town Panchayat, Chengalpet District, submit this status report as follows:
1. It is humbly submitted that the Nandhivaram Guduvancheri Town Panchayat was directed to submit translated copy of the reportand independent report apart from filing a further status report of implementation of the solid waste management rules on or before 23.3.2021. As per the order the translated copy is enclosed herewith for kind consideration.
2. The Nandhivaram - Guduvancheri Town Panchayat is located in an extent of 8.50 Sq.km with a population of about 44098 as per Census 2011 and the present population is estimated as approximately 55000. Since the town is situated on GST Road (Chennai-Chengalpet) there is a huge floating of vehicles and population of about 5000 per day. The Nandhivaram- Guduvancheri Town Panchayat generates 12 MT/day of MunicipalSolid Waste from its 18 wards.
3. Municipal solid wastes generated from the town panchayat area are being collected through door to door mechanism utilizing Tata Ace vehicles-14 Nos., Tractors-2 Nos., Tricycle-2 Nos., Lorry -2 Nos., Battery operated vehicle-3 Nos.
4. The wet waste of about 7 T/day is being processed in the Micro Composting facility located at SF No.375/1 Vallalar Nagar, Nandivaram Village, Chengalpattu Taluk, Chengalpattu District in Page 5 of 24 an extent of 1 Acre. The Nandhivaram- Guduvancheri Town Panchayat has obtained authorization under Solid Waste Management Rules, 2016 from the Tamilnadu Pollution Control Board on 09.04.2019 which was valid up to 31.03.2020 and further it was extended up to 30.09.2020. The dry waste is segregated and the plastic waste, clothes, rubber, etc., are disposed through recyclers.
5. Earlier, the Nandhivaram-Guduvanchery Town Panchayat has dumped the solid wastes generated from Radha Nagar and Zion Nagar which are located on southern side of the Nandhivaram Lake. The Nandhivaram Radha Nagar Residents Welfare Association has filed an application before the Hon'ble NGT (SZ) vide OA No. 90 of 2015 and similarly The Zion Nagar Plot Owners Welfare Association has filed an application before the Hon'ble NGT (SZ), Chennai vide OA No.104 of 2016 against the dumping and burning of municipal solid wastes in the Nandhivaram Lake adjacent to Zion Nagar & Radha Nagar. Subsequent to the intervention of the National Green Tribunal (SZ) the dumped waste at the said locations were cleared by the Town Panchayat and also has stopped dumping of fresh solid wastes at the above lake site as per the orders of Hon'ble National Green Tribunal (SZ) dated 06.05.2016.
6. Further, the Hon'ble National Green Tribunal (SZ), Chennai in order dated 04.02.2020 in O.A.No. 90 of 2015, filed by Radha Nagar Plot Owners Welfare Association and O.A No.104 of 2016 filed by Zion Nagar Plot Owners Welfare Association, has constituted a joint committee comprising of the District Collector, Chengalpattu, Tamil Nadu Pollution Control Board and Public Works Department & Water Resources Organization and has directed "to inspect the area in question and directed to submit a report showing the present status along with the extent of legacy waste kept undisputed of and what is the action plan for removalof the garbage by the local authority and what is the action taken by the Pollution Control Board for non-implementation of the Solid Waste Management Rules, 2016 in that area and what happened to the alternate acquisition of land for providing alternate dumping and Solid Waste Management Plant at Keerapakkam Village and what is Page 6 of 24 the status of the proposed micro compost units by the local authority for this purpose and if there is any violation what is the action taken including imposition of environmental compensation against the violators and whether any effective steps have been taken by the Public Works Department & Water Resources Organization to prevent further dumping of garbage in that area as directed by this Tribunal and how effectively that was prevented by them. If not what further action needs to be taken to prevent the same and submit the report to this Tribunal within a period of two months by e-filing at [email protected]"
In the mean time, one Thiru J Kumaravel has filed WP No.5457/2020 before Hon'ble High Court of Chennai (Petitioner of this case) made a grievance to the respondents (1.The District Collector, Kancheepuram District and 2. The Executive Officer, NGTP) alleging that the place is earmarked as a children's park and is being misused for dumping garbages. Seeking appropriate action upon the same, the present writ petition has been filed. In which, the Hon'ble High Court of Chennai has pronounced a judgment on 05.03.2020 as under. The High Court "direct the second respondent to look into the same and dispose of within a period of six weeks from the date of receipt of a copy of this order"
7. Accordingly, the said areas in question (Nandivaram Lake, Zion Nagar, Radha Nagar) were inspected on 19.12.2020 and 17.02.2021 by the TNPCB officials and it was noticed that no dumping of fresh solid waste is noticed at the areas in question and no legacy waste is found in the said areas. The Public Works Department along with local body has provided wired fence to prevent the dumping of solid wastes into the lake. Now the Solid Waste are being dumped within the compositing facility premises in S.F.No.375/1 at Kanniappa Nagar in Ward No.18.
8. Subsequently, the Hon'ble National Green Tribunal (SZ) in its order dated 28.01.2021 in OA No 90 of 2015 & OA No. 104 of 2016 has issued direction as inter alia that "In the mean time, we request the Chairman of the Tamil Nadu State Level Monitoring Committee, appointed by the Principal Bench of National Green Tribunal in OA No. 606 of 2018 also to look into the issue and submit the status report of theimplementation Page 7 of 24 of the Solid Waste Management Rules, 2016 in these locations before the next hearing date"
and the Hon'ble National Green Tribunal (SZ) has directed to submit their respective reports on or before 23.03.2021 by e-filing.
It is submitted that Nandivaram Guduvancheri Town Panchayat is located on GST Road (NH45) nearby Chennai Metropolitan City. There is no dumping yard to this Town Panchayat for solid waste management activities for the past several years.
9. It is further submitted that the solid waste, collected by the sanitary workers and NGOs were taken to the 18th ward Resource and Recovery Park, located in Vallalar Nagar in ward No.18 (SF.No. 375/2-7, 376/A1, 403-B1-4, 421/B1-4, 448/A1, 404/4, 5 total extent is 1.237 acres) forsegregation process from 15.09.2015.
All activities went well and the effective implementation was affected during Corona pandemic lock down period which was announced from 23rd March 2020. Since the entire team was busy in the containment of COVID-19 and the Self Help Group could not provide additional workers required, the Town Panchayat had to place some more temporary arrangements on contractual basis. Due to the above reasons, the Door to Door collection and waste segregation at source activities were disturbed.
10. Hence 2800.00 cubic metres of existing garbage were stored in RR park as per Bio mining quantity survey made by the concerned authorities. Now clearing of dumped garbages from the above location is going on and it will be completed within 30 days. Hence the Hon'ble National Green Tribunal (SZ) may kindly grant permission to complete the process before August 2021.
Previously, Nandivaram Guduvancheri was under the Jurisdiction of Kancheepuram District (Now comes under the jurisdiction of Chengalpattu District) and the District Collector of Kancheepuram District had given enterupon permission vide Proc Roc No.33991/2011/B1 Dated 08.08.2016 in Keerapakkam Village S.No: 99/1 having an extent of 20 acres for the purpose of dumpsite to Nandivaram Guduvancheri Town Panchayat and 9 other Town Panchayats.
Page 8 of 24 PRESENT SYSTEM OF WASTE PROCESSING AND DISPOSAL Total quantity of waste generated per day Quantity % of Present Sl generated processing method of Method of No Category of wastes per day in processing disposal M.T 1 Bio degradable waste 6.500 80% Windrow Manure MT composting produced 2 Non Bio Degradable Stored at By sale Waste 0.150 90% Resource Recover a. Plastic MT Park and sold to Saleable/Recyclable potential Recyclers/vendors b. Plastics-Reusable 0.250 90% Shredded by MT using plastic shredders and used for B.T Road Relaying works c. Plastics-Non 0.250 100% Stored and sent To Cement saleable/Non MT to Industries Reusable/combustible Cement industriesfor co- processing d. Glass, rubber, tyre 0.500 100% Stocked at MT dumping yard 3 Domestic Hazardous Stocked at Sold to waste Resource TNPCB a. Electric 0.050 100% Recovery Park authorised wires/chokes/ MT andsold to vendors Battery/ paint TNPCB containers/Bul authorised bs vendors b.Napkins/Diapers 0.075 100% Daily collected / used medical MT waste are cotton waste incinerated atResource Recovery Park etc Page 9 of 24 4 Other Dry 1.500 100% Collected and waste Unused MT stored Bed/Pillows/M separately in the ats/ Resource clothes/Wood pieces etc Recovery Park. 5 Construction 1.500 andDebris Wastes 80% Separate place is Low-lying MT earmarked in the areas filling Town Panchayat. Quantity generated per day is very less and hence used for low-lying areas in the wards. 6 E-waste 0.021 75% Collected and Sold to MT stoked at TNPCB Resource Vendors Recovery Park. Sold to potential Recycling vendors authorised by TNPCB 7 Inert Drain silt etc 0.750 100% Collected Low-lying MT separately andfilled areas filling up in low- lying areas 11.546 TPD
Apart from the above 4 Hospitals/ Nursing Homes (Government Hospital 1 No, Private Hospitals 3 Nos) and small clinics 5 Nos are situated within the Town Panchayat limits. The Bio-medical waste generated are collected by the TNPCB authorized waste collectors and taken to Thenmelpakkam, Singaperumal Koil and safely disposed through incineration process as prescribed by the TNPCB. The Town Panchayat officials are periodically inspecting are above Hospitals and Clinics to ensure that Bio-medical waste generated from the above Hospitals /Nursing Homes and Clinics are not mixed / disposed into the municipal solid waste stream.
The infrastructure facilities required for the processing Page 10 of 24 and disposed of 11.546 TPD municipal solid waste required minimum of 9 months to create in the 20 acres land allotted by the District Collector atKeerapakkam Village to implement all Solid Waste Management activities as per the Solid Waste Management Rules 2016 as per the direction of the Hon'ble National Green Tribunal (SZ).
Therefore, it is humbly stated that the Town Panchayat has to other option but to continue the Solid Waste Management in the existing Resource Recovery Park at Vallalar Nagar till required infrastructure facilities are created at the allotted land at Keerapakkam Village.
Meanwhile, for the safe disposal of all dry wastes (other than Recyclable and Reusable Plastics) the Town Panchayat has proposed to install one Incinerator of less than 5 TPD capacity at the existing Resource Recovery Park at Vallalar Nagar as on estimate cost of Rs.45.00 lakhs duly adhering to the TNPCB emission norms.
The Director of Town Panchayats, Chennai in proceedings in ROC No.1149/2019/E4 dated 06.01.2019 has accord necessary administrative sanction for the above Incinerator (copy enclosed).
It is also proposed to install one plastic waste shredding machine as on estimated cost of Rs.6.00 lakhs for shredding the non-reusable plastics wastes which will be used for BT Road relaying works. Till then the non recyclable, non-reusable combustible plastic wastes will be disposed through by selling to potential plastic recyclers.
It is therefore humbly prayed that the Hon'ble National Green Tribunal may be pleased to record this status and pass such further orders deem to fit the case and thus render justice.
Dated at Chennai on 19th day of March, 2021."
Page 11 of 246. The Chairman, Tamil Nadu State Level Monitoring Committee also filed the report dated 31.03.2021 received on 01.04.2021 which reads as follows:-
"Status Report filed by the Chairman, State Level Monitoring Committee for Solid Waste Management for the State of Tamil Nadu, relating to implementation of Solid Waste Management Rules in Nandivaram Guduvancherry Town Panchayat.
1. Pursuant to the orders of this Hon'ble National Green Tribunal, Southern Zone, passed in the above applications dated 28.01.2021, I have inspected Zion Nagar, Radha Nagar and Nandivaram Tank at Right Plants on 17.03.2021 after giving notice to the parties in the above applications. Apart from the petitioners, the Director of Town Panchayats, District Collector, Chengalpattu, Superintending Engineer, Town Panchayats, Superintending Engineer, W.R.D., P.W.D., Executive Engineer, W.R.D., P.W.D., the District Environment Engineer, Chengalpattu District, Tamil Nadu Pollution Control Board, Assistant Executive Engineer, W.R.D., P.W.D., the Executive Officer, Nandivaram Guduvancherry Town Panchayat, Assistant Director, Kancheepuram District, Junior Engineer from Kancheepuram District were present.
2. Before visiting the areas, I have conducted a review meeting with all the officials in Nandivaram - Guduvancherry Town Panchayat Office in the presence of the officials and collected various particulars. Nandivaram - Guduvancherry is stated to be located in the extent of 8.50 Sq. Km with present population of about 55,000 while as per the Census 2011 it was about 44,098. It is submitted on the periphery of Chennai City and on the GST Road, Chennai - Chengalpattu (NH-45) with large number of vehicles and floating population. The Town Panchayat has 18 wards situated on both sides of the GST Road, east and west, on the eastern side of the Road ward No.1 to 12 and on the western side ward No.13 to 18. The map showing above topography is filed as Enclosure -1. In all the wards put together, the Town Panchayat generates 12 to 13 MT/day of solid waste out of which about 7 MT is stated to be the Page 12 of 24 wet waste. The Executive Officer states that while door to door collection of waste is 100%, source segregation is 85%. He further stated that to collect the Municipal Solid Waste, the Town Panchayat uses 14 Tata Ace Vehicles, 2 Tractors, 2 Tricycles, 2 Lorries and 3 battery operated vehicles. It is also stated that the garbage collected are segregated in the solid waste management yard at Kanniappa Nagar in an area of 1 acre situated on the western side of the GST Road (NH-45). On my visit, I found that the said area is called Vallalar Nagar also referred as RR Park (Resource Recovery Par) stated to be around 2800 cubic meters. I found that the combined waste dumped in large quantity, even though it is stated that the dumping was only in the past one year during Covid-19 pandemic period. It is stated to be in S.F. No.375/1, Vallalar Nagar, Nandivaram Village and the Town Panchayat has obtained Authorization from the State Pollution Control Board under Solid Waste Management Rules, 2016 valid up to 31.03.2020, further extended up to 30.09.2020. Even though, it is stated that steps are being taken for further extension; it remains a fact that as on the date of inspection there was no proper authorization.
3. During my inspection with the high officials from the department of panchayat and the District Environmental Engineer of the State Pollution Control Board, few residents of the area who are having their houses in the adjacent area to the dumpsite, have complained that they are not able to live in the area peacefully not only due to bad smell but also the ground water has become fully contaminated not fit for any purpose apart from stagnation of leachate water in the area. As they insisted me to visit their residential area, I found that houses are situated adjacent to the dump yard and leachate water from dump yard has stagnated in many places. As the water sample shown by the residents are impute, I have directed the DEE of the PCB to collect samples from various places in the residential area and send for analysis and submit the report to enable me to forward the same to this Hon'ble Tribunal. Accordingly, he has taken immediate steps in collecting water samples through his staff. I have also perused the village map produced, which shows the present place of dump yard as Children Park. The Director of Town Panchayat and the Executive Officer of Page 13 of 24 the Town Panchayat, realizing the harm being caused to the people in the area due to dumping which according to them is only of one year, have expressed their concern about the non availability of any other space within the town panchayat limit for the processing of waste. However, the Director and the Superintending Engineer of Panchayats, have assured that the garbage will be removed in a short period, as they have located at large area far away from the Town Panchayat situated in Kolathur Villgae, near Singa Perumal Koil, where it is proposed to have to bio-mining process on a cluster basis by bringing waste from certain nearby Town and Village panchayats. It was informed to them that on the next visit the entire waste in the Vallalar Nagar dump yard must be removed which must be within a month from the completion of voting process in the Assembly Elections to the State Assembly. They also agreed that the Children's Park will be opened in the place after removing the waste and examining leachate if any, and for some more time they may be permitted to dry the compost under the existing shed for vermin composting processes which will also be shifted in a phased manner and expeditiously. Then, along with the officials of the Government, I have visited Kolathur Village, which is nearly 10 Km away from the dump site at Vallalar Nagar. It is a large area of Government land, far away from residential area, where already some quantity of waste are brought and the Government Officials posted in the area of developing as a waste processing unit by Bio-Mining process are measuring and taking active steps to have the secured boundary and obtain necessary permissions from competent authorities.
4. The District Environmental Officer, Tamil Nadu Pollution Control Board, Chengalpattu District has forwarded the report of analysis of water samples taken in 4 places of residential areas on 17.03.2021 as stated above, prepared by the Chief Scientific (Lab), TNPCB dated 24.03.2021, a copy of which is annexed with this report as Enclosure - 2. The report of DEE, Chengalpattu, TNPCB, on the collection of water samples in the vicinity of the waste processing facility is annexed as enclosure -3 and his report on the quality of water in the Nandivaram lake both based on the analysis of the Chief Scientific Officer is annexed as Enclosure - 4. A perusal of the reports undoubtedly shows that water in the surrounding area Page 14 of 24 of the dump site are not only contaminated but also contain some metallic substance like Lead and Cadmium and not fit for consumption.
5. On an overall view of the above said visit of the Vallalar dump site and Kolathur Village as narrated above, the following points are found as facts:
(i) The present dump site at Resource Recovery Park (RR Park) at Vallalar Nagar, S.F. No.375/1, Nandivaram Village also known as Kanniappa Nagar, whether it is of old or recent origin, has in my view to be removed immediately and the garbage shifted as agreed by the Director of Town Panchayats and the Superintending Engineer, within a period of one month from completion of voting process in the Assembly Elections on 06.04.2021.
(ii) After removal, the Town Panchayat shall make study with the help of TNPCB and other Expert bodies like Anna University, about the effect of leachate due to the dump in the area and carry out necessary rectifications in a scientific manner
(iii) As to whether the roofed portion in the site could be allowed to be continued for Vermi Composting under Decentralized process for the time being, this Hon'ble Tribunal may consider subject to any conditions like arresting bad smell by using organic solutions, avoiding leachate collections etc.
(iv) The Nandivaram - Guduvancherry Town Panchayat, shall take immediate steps to clear stagnated waters collected on the roads near the dump area and make the water to flow without stagnation anywhere. This was also assured by the Executive Officer of the Town Panchayat.
(v) The Nandhivaam - Guduvanchery Town Panchayt shall ensure 100% source segregation apart from 100% door to door collection as mandated under the Solid Waste Management Rules, 2016. The contractor about who complaints are made that certain streets near the dump year are ignored in collection of waste must ensure proper collection as per the rules. Failure will make the E.O of the town Panchayt liable.
(vi) The Bio mining process agreed to be commenced in Kolathur Village, near Singa Perumal Koil on cluster basis by the Town and Village Panchayats must ensure the area to be Page 15 of 24 compounded, secured and with proper design, scientific method and obtain necessary approvals from all competent authorities.
In my view and subject to the approval of this Hon'ble Tribunal, the following of the above said accepted steps will give some immediate relief to the residents of the area, who are apparently affected. Near the RR Park, on the southern side is situated the Guduvancherry Lake abutting the railway track and during my visit, I do not find any solid waste dumped in the water body.
6. This leaves the other area Radha Nagar and Zion Nagar which appear to be the subject matter of O.A. No.90 of 2015 and O.A. No.104 of 2016. The residents of the said area through their Associations have complained about the dumping of Municipal Solid Waste in the Nandivaram Lake adjacent to Zion Nagar and Radha Nagar. At the outset, the said area is situated on the Eastern side of the GST Road and on the banks of the south east edge of the lake. I have made extensive visit of the entire area with the help of the Superintending Engineer, Assistant Executive Engineer, P.W.D., W.R.D (Water Resource Department) and Field Engineers who are to maintain water bodies, apart from the Director of Town Panchayats and others. Some of the residents have also participated during my visit. All of them have unanimously agreed that there is no dumping of waste of any kind either on the shores of the Nandivaram Lake or near their residential areas as of now. They have also stated that after they have approached this Hon'ble Tribunal, all the wastes earlier dumped were completely removed. I found that the entire area of the lake has been adequately protected and secured with iron fence wire. The Engineers of PWD have explained in detail that Nandivaram Ground of Tanks and the Chain of Tank arrangements are in the upstream and downstream of Nandivaram Tank which is the largest Tank with storage capacity of 70 Mc ft. It was explained that there are 20 irrigation tanks in the group of tanks out of which 8 are situated on the upstream of Nandivaram Tank which drain into the Nandivaram Tank and 11 are in the downstream. There is rapid conversion of land use by urbanization and development of residential areas due to which, during extreme rainfall during the North East Monsoon in 2015, the Page 16 of 24 Tank has breached in three places in the earthen bund. Therefore, the W.R.D., P.W.D., has taken measures to remodel and rehabilitate the Nandivaram Tank under a Long Term Flood Mitigation Plan under State fund. This includes fixing of boundary stones with fencing to protect water spread area from dumping of solid waste, executed in 2016-17 at the cost of Rs.20 Lakhs providing link to Urapakkam Tank with Thangal and Nandivaram surplus course including deepening of the water body with increased storage capacity, by strengthening Tank Bund at a length of 5400 m, reconstruction of weir No.3, construction of cut and cover at chain of tank missing link areas and desiliting of the surplus course, completed in 2017-18 at the cost of Rs.200 Lakhs. Further, for construction of flood regulator in Nandivaram Tank, arrangements were provided for pre-empting the tank during the flood, completed in 2017-18 at the cost of Rs.40 lakhs and for carrying on special repairs to the Nandivaram Hissa Tank Weir No.2 in Vandalur Taluk to be completed in 2020-21 at the cost of Rs.10 Lakhs. I have gone round of the Tank and found good water management scheme executed by the P.W.D and W.R.D. On my visit, I found that there are still small left over legacy nearly 150 ft beyond the foreshore fencing erected and the P.W.D. and W.R.D officials have agreed to remove along with town panchayat, those legacy waste at the earliest. Due to the strong fencing there is no possibility for anyone to enter near the water body either to pollute the water or to dump any waste. The field staffs that are stated to be in continuous watch must be vigilant to protect the inflow and outflow of water. Therefore, factually, Nandivaram Lake and abutted areas are free from solid waste.
7. With the above factual findings, I respectfully place this status report before this Hon'ble Tribunal for consideration and necessary directions and I assure that in my routine inspection of municipal bodies, I shall ensure the proper compliance by the authorities as per the Rules and directions of the Tribunal.
Dated at Chennai this the 31st day of March 2021."
Page 17 of 247. The Tamil Nadu Pollution Control Board (TNPCB) has submitted the copy of the proceedings dated 12.03.2021 issued to the Executive Officer, Nandhivaram Guduvancherry Town Panchayat which reads as follows:-
"Proc. No. T1/TNPCB/LAW/NGT/SWM/F.014708/MMN/2015-1 dated 12.03.2021 Sub: TNPCB - Solid Waste Management - Hon'ble NGT orders in O.A. No.90 of 2015 & O.A. No.104 of 2016 - Non compliance of Solid Waste Management Rules, 2016 by Nandivaram Guduvancheri Town Panchayat - Levy of Environmental compensation for non compliance under Section 5 of the Environment (Protection) Act, 1986 as amended - Show cause notice - issued - Regarding Ref: 1. Hon'ble National Green Tribunal (SZ), Chennai order dated 04.02.2020, 17.11.2020, 23.12.2020 & 28.01.2021 in O.A. No.90 of 2015 & 104 of 2016.
2. Lr. No. DEE/TNPCB/MMN/Hon'ble NGT Appl. No.90 of 2015 & 104 of 2016 dated 17.02.2021.
3. Hon'ble National Green Tribunal (Principal Bench) order dated 02.07.2020 in O.A. No.606 of 2018.
4. Letter No.18583/MA.IV(2)/2018-54 dated 09.09.2020 received from the Deputy Secretary to Govt., Municipal Administration & Water Supply Department, Secretariat, Chennai.
5. Template of Assessment of SWM facilities and legacy waste remediation furnished by the Jambai Town Panchayat dated 05.09.2020.
***** Whereas the Ministry of Environment, Forests and Climate Change, Government of India, in exercise of the powers conferred under Section 3, 6 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), and in suppression of the Municipal Solid Waste (Management and Handling) Rules, 2000, has notified the solid waste management rules, 2016. As per the Rule 15 of Solid waste Management Rules, the role of local body has been specified for the implementation of solid waste management in the respective local bodies.
Whereas, necessary infrastructure for implementation of the rules shall be created by the local bodies within the specified time frame as mentioned in Serial No.1 to 10 in Rule 22 of the Solid Waste Management Rules, 2016. Whereas, applications have been filed by the Zion Nagar Plot owners Welfare Association in O.A. No.90 of 2015 and by the Nandivaram Radha Nagar Residents Welfare Association in O.A. No.104 of 2016 before the Hon'ble NGT (SZ) Chennai with respect to the dumping and burning of garbage and municipal solid waste in the Nandhivaram Lake adjacent to Radha Nagar and Zion Nagar. Whereas, as per Hon'ble NGT (SZ) order dated 04.02.2020, a Joint Committee has been comprising District Collector, Chengalpattu District, Tamil Nadu Pollution Control Board, and Public Works Department & Water Resources Organization to inspect the area in question and to submit a report on the extent of legacy waste kept undisposed and action taken in compliance of the SWM Rules, 2016. The committee has inspected the area in question (i.e.) Nandhivaram Lake on 24.08.2020 and submitted report to the Hon'ble NGT (SZ).Page 18 of 24
Whereas the Hon'ble NGT (SZ) in its order dated 17.11.2020 has directed the TNPCB to take action in compliance with the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018. Whereas, the Hon'ble NGT in its order dated 23.12.2020 has directed the TNPCB and the District Collector to submit report regarding the status and the steps taken for implementation of the Solid Waste Management Rules, 2016 in this area strictly in compliance with the provisions therein including the disposal of the legacy waste already accumulated in the dump yard as noticed by the committee.
Whereas, the DEE, TNPCB, MM Nagar has inspected the Micro Composting facility located at S.F. No.375/1, etc. Kanniyappa Nagar, Nandivaram Village, Chengalpattu Taluk and District on 19.12.2020 & 17.02.2021 and noticed that the said local body has dumped the solid wastes within the composting facility premises. Whereas, the Hon'ble NGT, Principal Bench, New Delhi vide order dated 02.07.2020 in O.A. No.606 of 2018 has directed the State Pollution Control Board to assess and recover interim compensation against the local bodies with respect to non compliance of solid waste management rules, 2016.
Whereas, the Municipal Administration & Water Supply Department and the Executive Officer, Nandivaram Guduvancherry Town Panchayat vide reference 4th and 5th cited have furnished the details on the status of solid waste management facilities and legacy waste remediation as per the CPCB's prescribed template. As per the details provided, it is observed that out of 14.4 tons of solid waste generated,
8.78 tons/day of solid waste are proposed and there exists a gap in solid waste management of 5.78 tons/day. Also, the Town Panchayat has not carried out 100% segregation of waste at all wards and has not provided adequate capacities for material recovery facilities.
Whereas in compliance of the Hon'ble NGT orders, the District Environmental Engineer, TNPCB, Maraimalai Nagar has assessed Interim Compensation to be levied to the Nandivaram Guduvancherry Town Panchayat (population is 50000) as Rs.11 Lakhs from April 2020 to February 2021 for dumping the solid wastes within the composting facility located at S.F. No.375/1 etc. Kanniyappa Nagar, Nandivaram Village, Chengalpattu Talluk and District and not properly carrying out the implementation of the SWM Rules, 2016.
Whereas an amount of Rs.100 Lakhs has been assessed as an interim environmental compensation for a period of 11 months (April 2020 to February 2021) to the Nandivaram Guduvancheri Town Panchayat for non-compliance of Solid Waste Management Rules, 2016.
Now therefore, in exercise of the powers vested under Section 5 of the Environment Protection Act, 1986, the Board thereby issues Show Cause Notice to the Executive Officer, Nandhivaram Guduvancheri Town Panchayat as to why the Board shall not recover Interim Environmental Compensation of Rs.11 Lakhs (from April 2020 to February 2021) for the non compliance of Solid Waste Management Rules, 2016.
It is informed that non receipt of any reply within the prescribed period will be construed that you have no satisfactory explanation to offer for the above said contraventions and action will be taken on merits in accordance with law.
Sd/- xxx Chairman To The Executive Officer, Nandivaram Guduvancheri Town Panchayat, Chengalpattu District.
Page 19 of 24Copy Submitted to
1. The Chairman, State Monitoring Committee of NGT for Solid Waste Management in Tamil Nadu, 183, EVR Periyar Road, Kilpauk, Chennai - 600 010.
2. The Additional Chief Secretary to the Government, Environment & Forest Department, Secretariat, Chennai - 600 009.
3. The Additional Chief Secretary to the Government, Municipal Administration & Water Supply Department, Secretariat, Chennai - 600 009.
4. The Director of Town Panchayats, Urban Administrative Building Society, Raja Annamalaipuram, MRC Nagar, Chennai - 600 028."
8. It is seen from the status report submitted by the Nandhivaram Guduvancherry Town Panchayat that on 19.12.2020 and 17.02.2021, the Tamil Nadu Pollution Control Board officials have been inspected the area and found that no dumping of fresh solid waste is noticed in the disputed area. No legacy waste is also found in the said area namely, Nandhivaram Lake, Zion Nagar and Radha Nagar. The Public Works Department along with the local body has provided wired fence to prevent the dumping of solid waste into the lake. The solid waste is being dumped within the composting facility premises in SF. No.375/1 at Kanniappa Nagar in Ward No.18.
9. It is also mentioned in the report that there is no dumping yard to this town panchayat for solid waste management for the past several years. It is being taken to the 18th Ward Resource and Recovery Park located in Page 20 of 24 Vallalar Nagar for segregation process from 15.09.2015. There exists 2800.00 Cu. M. of garbage stored in RR Park for bio-mining and now clearing of dumped garbage is going and it will be completed within 30 days and they sought time to complete the process before August 2021.
10.It is also mentioned in the report that Nandhivaram Guduvancherry was originally part of Kanchipuram District and consequent to bifurcation of the Kanchipuram District, becomes part of Chengalpattu District and the District Collector, Kanchipuram had given permission prior to bifurcation vide their Proceedings No.ROC No.33991/2011/B1 dated 08.08.2016 in Keerapakkam Village S.No.99/1 having an extent of 20 acres for the purpose of dumpsite to Nandhivaram Guduvancherry Town Panchayat and 9 other town panchayats.
11.They also mentioned about the matter in which the Solid Waste Management Rules are implemented in their panchayat. It is also mentioned in the report since no other area is available for the town panchayat, they continued the solid waste management in the existing Resource Recovery Park at Vallalar Nagar and wanted to permit them to continue till required infrastructure facilities are created at the allotted land at Keerapakkam Village.
12.It is also mentioned that they have proposed to install one incinerator less than 5 TPD capacity at the existing Resource Recovery Park at Vallalar Nagar at an estimated cost of Rs.45.00 Lakhs duly adhering to the Tamil Page 21 of 24 Nadu Pollution Control Board (TNPCB) emission norms. The Director of Town Panchayat, Chennai vide Proceedings in ROC No.1149/2019/E4 dated 06.01.2019 has accorded necessary administrative sanction for the above incinerator.
13.Further, it is mentioned in the report that they proposed to install one plastic waste shredding machine at an estimated cost of 6.00 Lakhs for shredding the non-reusable plastic wastes which will be used for BT Road relaying works. Till then the non recyclable, non reusable combustible plastic wastes will be disposed by selling to potential plastic recyclers.
14.The status report submitted by the Chairman, State Level Monitoring Committee, Tamil Nadu in a way reiterated the same aspects. It is seen from the report of the State Level Monitoring Committee that no waste is being dumped in the lake area at present and necessary protection has been given by the Public Works Department to prevent dumping of waste in the water bodies. But the report shows the pathetic conditions and suffering experienced by the local residence on account of the present waste management facility that is being operated in RR Park which is situated on southern side of the Guduvancherry Lake. The report also shows the nature of steps taken by the Public Works Department to protect the water body against the encroachment and prevent dumping of waste in the water body in future.
Page 22 of 2415.The Tamil Nadu Pollution Control Board had also issued notice to the 3rd respondent Town Panchayat regarding the non-compliance of the direction given by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606/2018 and also non-compliance of the direction of this Tribunal and imposing the environmental compensation of Rs.11 Lakhs for the period from April - 2020 to February - 2021.
16.The status report was dated 19th March, 2021 but we are in the middle of May-2021. What are all the further progress done by them is not clear from the report filed before this Tribunal.
17.The Tamil Nadu Pollution Control Board as well as the Nandhivaram Guduvancherry Town Panchayat are directed to file the present status report regarding the progress of the work done and further action taken by the Pollution Control Board in pursuant to the show cause notice issued dated 12.03.2021.
18.The Nandhivaram Guduvancherry Town Panchayat is also directed to submit a further status report regarding the steps taken to mitigate the grievance raised by the local people which was extracted in the report submitted by the State Level Monitoring Committee and the steps taken to shift the present processing unit from the Children Park to the proposed area which was allotted for cluster management for solid waste generated in the several local bodies in and around that area.
Page 23 of 2419.They are directed to submit their respective reports to this Tribunal on or before 02.07.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules.
20.The Registry is directed to communicate this order to the Tamil Nadu Pollution Control Board, 3rd respondent/ Nandhivaram Guduvancherry Town Panchayat and also the Chief Secretary, State of Tamil Nadu and Principal Secretary of Local Administration by e-mail immediately for their information, taking appropriate action and providing assistance to the local body and compliance of the direction.
21.For consideration of further progress and action taken report, post on 02.07.2021.
Sd/-
....................................J.M. (Justice K. Ramakrishnan) Sd/-
...............................E.M. (Dr. K. Satyagopal) O.A. No.90/2015 & O.A. No.104/2016, 20th May, 2021. Mn.
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