National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 25 August, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.:01 Court No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 140 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU
Based on the News item in Dinamalar Newspaper,
Chennai edition dated 30.07.2020," Will Perungudi lake
Become an ecological park?"
And
The Principal Secretary to Government,
Public Works Department,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009. ...Respondent(s)
Date of Judgment: 25.08.2022
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): By Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R3 & R5.
Mr. S. Sai Sathya Jith for R4.
Mrs. Rama Devi through
Mr. Raghul Adhithya for R6.
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment. Pending interlocutory application, if any, shall stands disposed of.
Justice K. Ramakrishnan, J.M.
Dr. Satyagopal Korlapati, E.M.
O.A. No. 140/2020(SZ)
25.08.2022. Sr.
1
Item No.:01 Court No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 140 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU
Based on the News item in Dinamalar Newspaper,
Chennai edition dated 30.07.2020," Will Perungudi lake Become an ecological park?"
And
1. The Principal Secretary to Government, Public Works Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
2. The Secretary to Govt. of Tamil Nadu, Department of Environment, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
3. Additional Chief Secretary to Govt. of Tamil Nadu, Municipal Administration and Water Supply Department, Govt. Secretariat, Fort. 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, Chennai District, District Collector Office, No. 62, Rajaji Sali, 4th Floor, Chennai 600 001.
6. Greater Chennai Corporation, Rep. by its Commissioner, Ripon Building, Chennai 600 003. ....Respondent(s) 2 For Applicant(s): By Court For Respondent(s): Dr. D. Shanmuganathan for R1 to R3 & R5.
Mr. S. Sai Sathya Jith for R4.
Mrs. Rama Devi through Mr. Raghul Adhithya for R6.
Judgment Reserved on: 28th July 2022.
Judgment Pronounced on: 25th August 2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes.
Whether the Judgment is to be published in the All India NGT Reporter - Yes.
JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. The above case was Suo-Motu registered by this Tribunal on the basis of the newspaper report published in „Dinamalar‟, „Chennai City Supplement Edition‟ dated, 30.07.2020 under the caption "(ngUq;Fb Vup Rw;Wr;#oy;
g+q;fhthFkh?)" (Will Perungudi Lake become an ecological park?).
2. It was alleged in the newspaper report that the lake was having an extent of 57 acres and that was only lake which was free from encroachment. The lake was situated between seashore and wetland and caters to the need for agriculture activities in Kandhanchavadi and Perungudi. In the olden days, in order to prevent seawater intrusion, two ponds were created in between every one Kilo Metre in the East Coast, Old Mamallapuram Road from Thiruvanmiyur to Semmencherry. As many of those ponds disappeared, the lake which was at the starting point was only one saved.
3. The Public works Department and administration of then Perungudi Town Pandhayat had deepened the lake for 30 ft and strengthened its banks during 1997. The lake was fenced with barbed metal wire at the cost of Rs. 1.5 crore to 3 prevent encroachments. But after some time, the fencing got damaged at many places by anti-social elements. The only problem of Perunudi Lake was mixing of sewage water. On the Northern side of the lake, there was 200 acres of land which belongs to Department of Education. This land had been encroached and houses built by thousands of encroachers. The district administrations were also ordered that no basic facilities should be provided to the residents as they were constructed unauthorisedly. They were illegally discharging untreated sewage into the drains which mixed with the rain water and reached the lake. Though complains were made to the authorities, no action was taken in this regard was the compliant in the newspaper report.
4. After reiterating the responsibility of the State to protect the water bodies as has been observed by the Hon‟ble Apex Court, various High Courts including Hon‟ble High Court of Madras and both Principal Bench of National Green Tribunal and also this Tribunal and having satisfied that there arose a substantial question of environment which required the interference of this Tribunal for resolving the same as per order dated 05.08.2020, the matter was admitted and this Tribunal had appointed Joint Committee comprising of 1) the District Collector, Chennai District, or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by the District Collector, 2) Superintending Engineer of Public Works Department and Water Resources Organisation, who is in charge of this Lake, 3) a Commissioner/Senior Officer from Greater Chennai Corporation as designated by the Commissioner and 4) a Senior Officer Tamil Nadu State pollution Control Board as deputed by its Chairman to inspect the area in question and submit a factual as well as action taken report if there was any violation found.
5. The committee was directed to consider the question as to whether:-
(a) There was any scheme launched by the State Government or by the District administration for protection of this water body and if so, what was the stage of its implementation and whether there was any unauthorised discharge of untreated sewage into the water body and if so, trace out the persons/Institutions who were responsible for the same and take appropriate action as against such persons. Including imposition of environmental compensation. b. To take water samples from the lake for analysis to ascertain as to whether it confirms the 4 standard for drinking purpose including Bio Chemical Oxygen Demand (BOD) and Chemical Oxygen Demand (COD), Total Coli Form and Faecal Coli Form and other prohibited metals. If there was any contamination found, then they were also directed to suggest the ways and means to rectify the same. (c) To suggest an action plan with short term and long term measures with shorter time lines to restore the water body including establishment bio-diversity park/tree-planting around the water body and other protective measures to be taken to protect the water body against future encroachments as well.
6. The Public Works Department and Water Resources Department was designated as the nodal agency for co-ordination and for providing all necessary logistics for this purpose.
7. Thereafter, the matter has been adjourned for the purpose of enabling the official respondents as well as the committee to submit the report and it was periodically adjourned either at the request of the official respondents or at the committee members or by successive notifications.
8. The matter was taken up on 07.10.2021 and on that day, this Tribunal had considered the report submitted by the Greater Chennai Corporation signed by the officers on 24.08.2021, e-filed on 25.08.2021 and extracted in Para (2) of the order which reads as follows:-
"THE GREATER CHENNAI CORPORATION REPORT IN THE JOINT COMMITTEE - THE JOINT COMMITTEE RECOMMENDATIONS IN THE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE) IN RESPECT OF 0.A NO. 140 OF 2020 (SZ) SUOMOTU ON THE BASIS OF THE NEWS SUPPLEMENT EDITION DATED, 30.07.2020 UNDER THE CAPTION "WILL PERUNGUDI LAKE BECOME AN ECOLOGICAL PARK"
- THE GREATER CHENNAI CORPORATION COMPLIANCE REPORT OF THE JOINT COMMITTEE RECOMMENDATIONS.
REPORT OF THE GREATER CHENNAI CORPORATION IN THE JOINT COMMITTEE REPORT Perungudi Lake is located at survey no.57 of Perungudi Revenue Village situated adjacent to Pallikaranai Marsh Land coming under Greater Chennai Corporation, Zone-14, Unit - 41, Division-184 and it is having a water spread area to an extent of 15.68 Ha Garbage Generation and Disposal Details:
5The segregated wet waste is composted on a daily basis at the Micro Composting Centre (MCC) located at the Pallikaranai old dumping ground on daily basis located in div 188, at Tambaram - Velachery main road.
Sewage Management Details:
More, there are 7 numbers Rain water inlets connected to the Lake by means of Cement Concrete pipes (0.60 M Dia - 2Nos. Culvert 1.6x1.6=2.56, Sluice gate-1Nos). These inlets will be opened only during the North-East monsoon period by the Zonal authorities for letting the rain water inside the Perungudi Lake.
There is no Under Ground Sewerage system for the area in Div 184 of Zone - 14. The households and commercial establishment were provided with individual septic tank arrangements.
JOINT INSPECTION OF THE COMMITTEE The members of the Joint committee have carried out the inspection in the area in question on 05/10/2020.
COMMITTEE RECOMMENDATIONS:
Based on the above observation, the Joint committee submits the following recommendation before the Hon'ble National Green Tribunal (Southern Zone)
01. Zonal Officer, Zone -14, Greater Chennai Corporation shall ensure that CMWSSB to provide and implement UGSS in the area in question, also take steps to intercept, transport, treat and dispose the sewage / sullage generated in the foreshore area of the Perungudi Lake within six months.
02. Zonal Officer, Zone -14, Greater Chennai Corporation shall arrange for the regular monitoring of the water body to avoid dumping of solid waste if any into the lake.
03. Zonal Officer, Zone -14, Greater Chennai Corporation shall levy fine on the violators dumping solid waste and CMWSSB shall take action against the disposing the sewage / sullage into the Perungudi Lake under Local body Acts.
04. Zonal Officer, Zone -14, Greater Chennai shall create awareness among the public with the help of associations in the local body area for proper segregation of solid waste. 05. PWD shall strengthen of the bunds in the said water body and create biodiversity parks/ tree-planting around the banks of the water body, so as to protect the lake against the future encroachment within six months by obtaining necessary funds from the Government REPORT OF THE GREATER CHENNAI CORPORATION - ZONE XIV:
The Greater Chennai Corporation had taken action necessary action as follows:
In exercise of the powers conferred under section 3, 6 and 25 of the Environment (Protection) Act, 1986 (Central Act 29 of 1986), the Central Government have made the Solid Waste Management Rules, 2016 to regulate the management of solid waste. The Solid Waste Management Rules, 2016 shall apply to every municipal authority which shall, within their territorial area be responsible for the implementation of the provisions of these rules, and for any infrastructure development for collection, storage, segregation, transportation, processing and disposal of municipal solid wastes. Further, it shall be the 6 responsibility of the generator of wastes to co-operate with the municipal authority concerned to avoid littering and ensure delivery of segregated wastes in accordance with the collection and segregation system as notified under the Solid Waste Management Rules, 2016.
In exercise of the power conferred under section 349 of the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) and under Rule 15 of the Solid Waste Management Rules, 2016 and in order to ensure effective solid waste management in the Corporation of Chennai, the Council hereby makes the Solid Waste Management Bye Laws, 2019.
This bye-law applies to the domestic, institutional, commercial and any other non- residential solid waste generators, situated in the Corporation area, and the public who throw the solid waste in to storm water drain, underground sewerage system, water bodies within the limits of Corporation of Chennai.
COMMITTEE RECOMMENDATIONS
1. Zonal Officer, Zone -14, Greater Chennai Corporation shall ensure that CMWSSB to provide and implement UGSS in the area in question, also take steps to intercept, transport, treat and dispose the sewage / sullage generated in the foreshore area of the Perungudi Lake within six months.
REPLY THE CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE ACT, 1978. (TAMIL NADU ACT 28 OF 1978).
As Amended upto 30th November 1998. The Chennai Metropolitan Water Supply and Sewerage (Second Amendment) Act, 1997.
For Statement of Objects and Reasons see Part IV - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th January 1978, page 196; For Act see Part IV - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 14th June 1978 pages 269 341. Received the assent of the President on the 8th June 1978, first published in the Tamil Nadu Government Gazette Extra-ordinary on the 14th June 1978.
The work of providing underground sewerage scheme to Perungudi area covering 184 and 186 divisions are completed and the trial commissioning works are under progress. The work of testing the flow and the work of raising the machine door on par with road are under progress Once the flow test and trial commissioning works are completed, house sewer connection could be effected to the perungudi area which also covers the streets surrounding the perungudi lake.
2. Zonal Officer, Zone -14, Greater Chennai Corporation shall arrange for the regular monitoring of the water body to avoid dumping of solid waste if any into the lake.
REPLY SOLID WASTE MANAGEMENT BYE-LAWS OF THE CORPORATION, FRAMED UNDER SECTION 349 OF THE CHENNAI CITY MUNICIAPL CORPORATION ACT, 1919 (TAMIL ANDU ACT IV OF 1919) AND UNDER RULE 15 OF THE SOLID WASTE MANAGEMENT RULES, 2016.
a. Definition:
(50) "Public Place" includes any road, arch road, viaduct, lane, footway, alley or passage whether a thoroughfare or not over which the public have a right of passage, and such places to which the public has access such as parks, gardens, recreation grounds, playgrounds, beaches, water bodies, water courses, public plazas and promenades, government and municipal buildings, public hospitals, markets, slaughter houses, courts, etc.;
The Greater Chennai Corporation, Zone 14, Division 184, there are about 73,408 total populations. The Division consists of 18,352 number of Households. In this division, wet waste garbage compactor bins 54. Nos. & dry waste compactor bins of 54 Nos. have been placed in several locations. Garbage is being segregated & collected from every household and is being collected through 9 Nos. of Battery Operated Vehicles.
About 4500 kgs of wet waste collected is processed on a daily basis in Micro Composting Centres located in Pallikaranai Old Dumping Ground in Tambaram-Velachery Main Road. .
Apart from wet waste; Dry waste fractions like garden garbage, chappals, e-waste, coconut shells, plastics, thermocol, cardboards, pet bottles etc are collected and stored in Resource recovery centre located in Division 184.
Plastics collected are bailed using bailing machine and bailed bundles of plastics and thermocol are sent to Dalmia Cement. Otherhand, garden "garbage and coconut husk are being processed separately.
Since, all wastes are segregated and processed, there is no dumping of garbage around Puzhuthivakkam Chitheri Lake and its surroundings. The Conservancy Inspector, Conservancy Supervisors and Assistant Executive Engineer (Conservancy) Solid Waste Management will be regular monitoring of the water body to avoid dumping of solid waste into the lake and vehicle marchouts; source segregation, sweeping activities on a daily basis throughout the entire Zone - XIV area regularly.
73. Zonal Officer, Zone -14, Greater Chennai Corporation shall levy fine on the violators dumping solid waste and CMWSSB shall take action against the disposing the sewage / sullage into the Perungudi Lake under Local body Acts.
REPLY SOLID WASTE MANAGEMENT BYE-LAWS OF THE CORPORATION, FRAMED UNDER SECTION 349 OF THE CHENNAI CITY MUNICIAPL CORPORATION ACT, 1919 (TAMIL ANDU ACT IV OF 1919) AND UNDER RULE 15 OF THE SOLID WASTE MANAGEMENT RULES, 2016.
5.1 Levying Penalties The powers for levying penalties for non-compliance of Solid Waste Management (SWM) Rules, 2016 as mentioned in Schedule IV of this Bye law is vested with ward level Assistant Engineers and Conservancy Inspectors of Corporation of Chennai.
8.0 Penalties for contravention of these Bye-laws:
(1) On and after the date of commencement of these Bye-laws, there will be a familiarization/warning period of 30 days, after which, any contravention of these Bye-laws shall be punishable with fines as per the Schedule of Fines (Schedule IV) for every instance of breach of these Bye-laws. In case the generator of waste is found contravening any of these Bye laws next time, the fine amount will be doubled.
(2) In case of a person or any polluter is not able to pay the fine as mentioned in Schedule, while contravening any of these Bye-laws he/she will be prosecuted under the provisions made in City Police Act and District Police Act / Indian Penal Code.
The Greater Chennai Corporation, Zone 14, Zonal Officer, Assistant Executive Engineer - SWM, Conservancy Supervisors and Conservancy Inspectors had collected the fine amount of Rs. 12,000/- as per the Bye laws in Solid Waste Management (SWM) Rules, 2016 Schedule of Fines (Schedule IV) for Debris and Garden garbage & Source Segregation. The Fines amount has been deposited in the Treasury, Greater Chennai Corporation as follows:
84. Zonal Officer, Zone -14, Greater Chennai shall create awareness among the public with the help of associations in the local body area for proper segregation of solid waste.
REPLY SOLID WASTE MANAGEMENT BYE-LAWS OF THE CORPORATION, FRAMED UNDER SECTION 349 OF THE CHENNAI CITY MUNICIAPL CORPORATION ACT, 1919 (TAMIL ANDU ACT IV OF 1919) AND UNDER RULE 15 OF THE SOLID WASTE MANAGEMENT RULES, 2016.
5.0 Responsibilities of the Corporation of Chennai (23) Create public awareness through information, education and communication campaign and educate the waste generators on the following; namely:
(i) not to litter;
(ii) minimize generation of waste;
(iii) reuse the waste to the extent possible;
(iv) practice segregation of waste into bio-degradable, non-biodegradable (recyclable and combustible), sanitary waste and domestic hazardous wastes at source;
(v) practice home composting, vermin-composting, bio gas generation or community level composting;
(vi) wrap securely used sanitary waste as and when generated in the pouches provided by the brand owners or a suitable wrapping as prescribed by the local body and place the same in the bin meant for non-biodegradable waste;
(vii) storage of segregated waste at source in different bins,
(viii) handover segregated waste to waste pickers, waste collectors, recyclers or waste collection agencies; and (ix) pay monthly user fee or charges to local bodies or any other person authorized by the local body for sustainability of solid waste management.
The Greater Chennai Corporation, Source Segregated awareness programs have been conducted for various "Resident Welfare Association" in Zone XIV. Also awareness extended on daily basis through battery operated vehicle helpers using Radio Speakers while collecting segregated garbage from households. Private Urbaser Sumeet IEC (Information Education Communication) Executive conducted awareness through "Drama Play" in various locations in Greater Chennai Corporation, Zone - XIV.
Apart from BOV-helpers, division conservancy inspectors also give source segregation awareness to all those garbage non-segregated houses."
9. Though it was mentioned that the Joint Committee has given certain recommendations and it was filed in the form of reply to the same, though the Joint Committee had not filed the report. On the same date, this Tribunal had considered the report submitted by the Superintending Engineer, Water Resources Department, Palar Basin Circle, Chennai dated Nil, e-filed on 21.09.2021 and extracted in Para (3) of the order which reads as follows:-
"REPORT OF THE SUPERINTENDING ENGINEER, WRD, PALAR BASIN CIRCLE, CHENNAI IN RESPECT OF O.A NO.140 OF 2020 (SZ) SUOMOTU ON THE BASIS OF THE NEWS PAPER REPORT PUBLISHED IN BASED ON THE NEWS ITEM IN THE DINAMALAR CHENNAI EDITION DATED 03.07.2020, "WILL THE PERUNGUDI LAKE BECOME ECO-PARK?".
It is stated that the action plan taken by the Greater Chennai City Corporation is awaited and on receipt the same will be filed.
REPORT OF THE PUBLIC WORKS DEPARTMENT:
(i) The Perungudi Tank in Perungudi Village in Sholinganallur Taluk of Chennai District is a tank maintained by the Public Works Department. The water spread area of this tank is 15.68.0 Ha to feed an extent of 77.33.0 Ha. It has lost its irrigation potential long back in the development process over the period with thick population and agglomeration of the Chennai city owing to the same.9
There are no encroachments reported and a fresh survey has to be made in the tank to ascertain whether there are encroachments newly crept in.
(ii) The Chennai City Corporation has formed walkway and cement concrete road on the top of the bund of the tank which may discourage the encroachment in the lake.
ANY SCHEME LAUNCHED BY THE STATE GOVERNMENT AND DISTRICT ADMINISTRATION TO RESTORE THE WATER BODY AND IF SO ITS PRESENT STAGE OF IMPLEMENTATION There are plans for rehabilitation and restoration of all tanks including Perunaudi Tank in overall Kovalam basin (comes under Chengalpattu and Chennai District) under Comprehensive Flood Mitigation Project with an amount of Rs.2000 crore which also involves creating biodiversity parks/ tree- planting around the banks of the water body 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 and the repairs/renewal of shutters and all other component works to rehabilitate the Perungudi Lake will be taken up including eviction of any encroachment in the survey to be made."
10. This Tribunal also considered the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 06.10.2021, e-filed on the same date and extracted in Para (4) of the order which reads as follows:-
1 XXX 2XXX It is respectfully submitted that, in pursuance to the said NGT order, the area in question was inspected by the District Environmental Engineer, TNPCB, Maramalai Nagar on 05.10.2020. During inspection, the water sample from the said Lake was collected and sent to TNPCB laboratory for analysis for the pollutant parameters such as pH, TSS, TDS, DO, BOD, COD, Heavy metals, Total Coliform and Faecal Coliform to assess the quality of water in the said water body and the report of analysis is tabulated below.
It is respectfully submitted that the Report of analysis of the water samples collected from the said water body reveals that all the Physico chemical analysed satisfy the Primary Water Quality Criteria for Bathing Waters prescribed by Central Pollution Control Board except for BOD. Furthermore the water sample collected were analysed for Bacteriological parameter Total Coliform and the (Faecal Coliform) meets the Primary Water Quality Criteria for Bathing Waters prescribed by Central Pollution Control Board.
11. This Tribunal expressed its displeasure regarding the manner in which the 10 Members of the Committee in not filing the reports as without that report it is not possible to ascertain the real state of affairs, recommendations if any given, if obstacles if any for the stakeholder departments in carrying out the remedial measures and directed them to file the report.
12. This Tribunal also noted the submissions made by the counsel appearing for the Tamil Nadu Pollution Control Board that the non-conformity of the BOD may due to discharge as sewage water. But it was mentioned in the report that the total Coli form within conformity with the standard provided. So this Tribunal had directed the committee and the Tamil Nadu Pollution Control Board to re- visit this aspect and submit a report. This Tribunal was not satisfied with the report submitted by the Water Resources Department as it was only a dream project and there was no time line provided within which the same will be implemented. So this Tribunal had directed the higher officials to look into the issue and submit a report and posted the case for that purpose in a future date.
13. The matter was taken up on 07.01.2022 and on that day, this Tribunal had considered the newspaper report published in 06.12.2021 under the caption, "&.1.28 Nfhbapy; rPuikf;fg;gl;l Fsk; gho; - FbapUg;Gfspd; fopTePu; fyg;ghy; mtyk;". It was mentioned in the newspaper report that Madipakkam Pond was rejuvenated by spending Rs. 1.28 Crores, but quite unfortunately, it had become a sewage pond due to discharge of untreated sewage into the pond. It was also mentioned in the newspaper report that it was situated in Perungudi Zone and having an extent of 5.8 Acres as per the revenue records and it was earlier cleaned and maintained by the local people but subsequently the same had been undertaken by the Government Department and later encroached by several persons and the extent had been reduced to 1 Acre. The inlets and outlets provided from this water body to carry excess water to Puzhuthivakkam Lake and Chitheri Lake were also missing due to encroachment. Though some improvements were made by spending Rs. 1.28 Crores by the Greater Chennai Corporation due to unscientific manner of maintenance of carrying excess flood water, the situation had been worsened. Due to the discharge of untreated sewage into the water body the quality of the water had been affected apart from odour coming from the water body. So this Tribunal had directed the Joint Committee to look into the issue and submit a comprehensive plan apart from directing the Greater Chennai Corporation to file an independent report 11 including the encroachments and steps taken to restore the inlets and outlets going from this water body to Puzhuthivakkam and Chitheri, so as to avoid flood being caused in those areas, as the flood has become a regular phenomenon in those area during monsoon whenever they were unprecedented rain coming.
14. The Tamil Nadu Pollution Control Board had directed to look into the issue and submit an independent report. Thereafter, the matter has been adjourned from time to time by successive notifications.
15. The matter was taken up on 03.03.20222 and on that day, this Tribunal had considered the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 16.02.2022, e-filed on 17.02.2022 and extracted in Para (3) of the order which reads as follows:-
1 XXX 2 XXX 12
16. This Tribunal also considered another newspaper report published in „Dinamalar‟ Daily Chennai Edition dated 02.03.2022 under the caption, "Fg;ig nfhl;b Mf;fpukpg;G Kaw;rp " Encroachment by Dumping waste where it was mentioned that in 184th ward of Perungudi Zone near Taramani - Perungudi Station Road, there were water bodies on either side of the road which was being attempted to be encroached by dumping waste including the construction and demolition waste. On account of the same, the water body as well as inlet channels were affected. This Tribunal had directed the Joint Committee, Tamil Nadu Pollution Control Board, Water Resources Department and the Greater Chennai Corporation to file their respective reports in respect of this aspect as well and adjourned the case for that purpose.
17. The matter was taken up again on 30.03.2022 and on that day, this Tribunal had considered the report submitted by the Greater Chennai Corporation signed by some of the officer on 17.03.2022, e-filed on 18.03.2022 and extracted in Para (3) of the order which reads as follows:-
"THE GREATER CHENNAI CORPORATION REPORT IN THE JOINT COMMITTEE - THE JOINT COMMITTEE RECOMMENDATIONS IN THE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE) IN RESPECT OF O.A NO. 140 OF 2020 (SZ) SUOMOTU ON THE BASIS OF THE NEWS PAPER REPORT PUBLISHED IN DINAMALAR CHENNAI CITY SUPPLEMENT 13 EDITION DATED, 30.07.2020 UNDER THE CAPTION "IF THE "THE CAPTION "WILL PERUNGUDI LAKE BECOME AN ECOLOGICAL PARK" - THE GREATER CHENNAI CORPORATION COMPLIANCE REPORT OF THE JOINT COMMITTEE RECOMMENDATIONS.
REPORT FOR THE MADIPAKKAM POND:
In the year 2011 the Chennai Corporation has been expanded to 426 km2 from the earlier 176km2 and 42 small local bodies, including 9 municipalities, 8 town panchayats and 25 village panchayats were merged with Greater Chennai Corporation. Further the Madipakkam Panchayat was merged with Corporation of Chennai vide G.O.Ms.No.97 MA&WS Department dated 19.07.2011. Thereafter, the administration of Madipakkam Panchayat has been taken over by the Greater Chennai Corporation on 30.10.2011.
Smart City Project:
The Special Project Department in Greater Chennai Corporation has restoration of 22 Lake in Zone-7, 11, 14 and 15 to be taken up under Smart City Fund and placed before the CSCL Board for obtaining Administrative Sanction had been approved and Resolution No.475/2018 dated 22.06.2018.
Urban Lakes or Water Bodies play a vital role in socio-economic development of any city on one hand and provide sustainable water security by and large to the local population on the other hand.
The late Honorable Chief Minister of Tamil Nadu has announced in the assembly under the rule 110 about the implementation of sustainable water Security Mission 2015 (SuWaSm) to take up various initiative to increase the ground water as well as to restore and rejuvenate various water bodies and temple tanks in the Chennai City.
Greater Chennai Corporation has already initiated various projects like installation of rain water structures around some of the parks for augmenting water supply of the parks and to rejuvenate existing temple tanks.
It is proposed to take up restoration of 22 Ponds/Lakes in Phase-II, 7 Ponds/Lakes are major water bodies and 15 Ponds/Lakes are minor water bodies, situated in Zone 7, 11, 14 and 15 surrounded by residential areas. In this connection, on the request of Greater Chennai Corporation, TNUIFSIL has appointed INMAAS as the consultant for preparing the DPR for 22 Ponds/Lakes ina most comprechensive way.
Accordingly the consultant has submitted DPR for restoration of 22 Ponds/Lakes at an amount of Rs.12.35 crore.
The development proposals as envisaged in DPR are, Desilting and deepening of the Pond/Lake to increase water holding capacity and for recharge of Ground water. The proposals include public leisure facilities such as walker's pathway, planting of Native vegetation, seating spaces, and children play area. 3. Support infrastructure like seating arrangements, toilet facilities, and solid waste bins. The cost of development of all 22 lakes estimated as Rs.12.35 cores as per the DPR following GCC schedule of rates for the year 2017-2018. This project is proposed is implemented as PanCity initiatives utilizing Smart City funds.
Restoration OF Madipakkam Pound:
The Technical sanction is here by accorded for Restoration and other improvements to the Pond at Madipakkam lake in Division 187 zone 14, at an estimate amount of Rs 1,82,73,000/- as per 2018-2019 Schedule of Rates.
More, there are 5 numbers Rain water inlets connected to the Pond by means of Hume pipes (0.30 M Dia - 2Nos. Culvert 1.6x1.6=2.56, Sluice gate-1Nos). These inlets will be opened only during the North-East monsoon period by the Zonal authorities for letting the rain water inside the Madipakkam Pond. I further submit that the restoration and other improvement to the pond at Madiapakkam Lake in Division 187 Zone 14 have been completed.
Sewage Management Details:
There is no Under Ground Sewerage system for the area in Div 187 of Zone - 14. The households and commercial establishment were provided with individual septic tank arrangements.
The following Streets were adjacent to the Pond 14 During the North-East monsoon period due to which inundation of rain water to that particular street. Hence, temporarily earthen Katcha Drain cut open for earthern surface of the road. The Earth (debris) at the side of drain kept as barricading to open drain, after monsoon the earthen drain was closed.
The Newspaper report published in Dinamalar Daily:
The newspaper report published in Dinamalar Daily dated 06.12.2021 under the caption "&.1.28 Nfhbapy; rPuikf;fg;gl;l Fsk; gho; - FbapUg;Gfspd; fopTePu; fyg;ghy; mtyk;".
Inspection:
The Junior Engineer, Division 187, Zone XIV, Greater Chennai Corporation have carried out the inspection in the area in question on 03/02/2022. I further submit that there is no Under Ground Sewerage system for the area in Madipakkam Divison 187 of Zone -
14. The households and commercial establishment were provided with individual septic tank arrangements. I further submit that there are no illegal connections in storm water drains or side drains in Madipakkam areas.
During the North-East monsoon period there was sudden heavy rain fall in the Pond boundary area. On that the time pond water level was gradually increased. The adjacent road/street sand particles mixed with rain water and flows through the inlet of the pond with the dark colors its show like sewerage water but sewerage water is not possibilty to flows through the inlet of the pond. The Junior Engineer and Conservancy Inspector are regular monitoring the water body to avoid dumping of solid waste into the Pond.
The Greater Chennai Corporation a letter dated 03.02.2022 has been addressed to the Tahsildar, Sholinganallur Taluk requesting to furnish a report stating the land classification, extent of encroachment. I further submit that the in continuation to the earlier letter reminder letters dated 04.03.2022, were addressed to the Tahsildar, Sholinganallur Taluk requesting to furnish a report after inspecting the site in question for taking further action.
The Greater Chennai Corporation deny the allegations contained in the newspaper report published in Dinamalar Daily dated 06.12.2021.
REPORT FOR THE PERUNGUDI LAKE:
The Hon'ble National Green Tribunal was direction on 05.08.2020 to form a Joint Committe to inspect the area in question and submit an action taken report. The Perungudi Lake was maintained by the Public Works Department. The Greater Chennai Corporation along with the Joint Committe member have carried out the joint inspection in the area in question on 05.10.2020.
Based on the above observation, the Joint committee given their recommendations to Joint Committe member. The Greater Chennai Corporation was complied the Joint Committee recommendations and submit the report to the Committe. The Greater Chennai Corporation was regular monitoring the Committee recommendations. The Greater Chennai Corporation was already filed a report to the Hon'ble National Green Tribunal."
18. Even on that day, this Tribunal expressed its displeasure in Joint Committee not filing the reports in compliance of the various orders passed on the basis of the different newspaper reports and directed the Joint Committee as well as the State Pollution Control Board to file the respective reports and adjourned the case to a future date.
19. The matter was taken up on 29.04.2022. On that day, this Tribunal came across a fire incident in Perungudi dump yard reported in „Hindu‟ newspaper dated 01.05.2022 under the caption "Wasted: fire in the dump yard" and also another newspaper report published in „Times of India‟ dated 02.05.2022 "Dump yard violated all environmental laws study". This Tribunal had directed the Tamil Nadu Pollution Control Board and the Greater Chennai Corporation to file their respective reports in respect of the incident and also directed the Tamil Nadu Pollution Control Board to consider the question as to whether the dumping of 15 waste also caused contamination of ground water as the solid waste contains high concentration of heavy metals.
20. The matter was taken up on 24.05.2022. This Tribunal had considered another newspaper report published in „Times of India‟ Time City Edition dated 06.05.2022 under the caption "lake next to land fill in Perungudi turns bright pink in Colour". It was also noted in the newspaper report that water samples were taken by the Tamil Nadu Pollution Control Board and from the newspaper report it was revealed that the reason for a colour change is contamination due to Methane and Methane is one of the gas that is being generated when anaerobic conditions were established in a dump yard over a period of time and Methane producing bacteria begin decompose the waste and generate Methane and it was an inflammable gas as well. If it was not properly collected and utilized, it might result in such calamities in future as well. So this Tribunal had directed the Greater Chennai Corporation and Tamil Nadu Pollution Control Board to file respective reports in respect of this aspect as well and if there was any environmental damage caused, then directed the Tamil Nadu Pollution Control Board to take action of imposing compensation against the local bodies or persons responsible for the same applying Polluter „Pays Principle.‟ They were also directed to verify the nature of fire incident occurred in Perungudi dump yard and its effect on environment and the work that was being undertaken for the purpose of disposal of legacy waste in that dump yard and other dump yards within the Greater Chennai Corporation.
21. The matter was taken up on 05.07.2022 and considered the report submitted by the Commissioner, Greater Chennai Corporation 28.06.2022, e-filed on 29.06.2022 where they have mentioned about the steps taken by them to protect the water body and also steps taken by them regarding the bio-mining process that was going on in Perungudi dumping yard. It was also mentioned in the report that bio-mining was in progress in respect of Pallikaranai dumping yard, Athipattu dumping yard, Sathangadu dumping yard, Perungudi dumping yard and Kodungaiyur dumping yard.
22. As regards the Pallikaranai dumping yard is concerned, it was mentioned that they had recovered 15 acres of land after bio-mining around 40,853 cubic meters of the legacy waste. As regards Athipattu and Sathangadu dumping yards were concerned, the same was expected to be completed before December-2022 16 whereas Perungudi dumping yard was expected to be completed by May- 2023.
As regards Kodungaiyur dumping yard was concerned, it was only in the stage of finalising DPR.
23. As regards the fire incident was concerned it was mentioned that on getting information they had immediately rushed to the place to suppress the fire undertaking fire-fighting operations. But nothing was mentioned about the reason for pink colour seen in the Perungudi Lake and what was the nature of steps taken by them to remedy the same.
24. This Tribunal also observed that as per order in O.A. No. 83 of 20214 (SZ) and O.A. No.51 of 2016 (SZ) and also by the Hon‟ble High Court of Madras as Writ Petition Nos. 18888 of 1997 & 13105 of 2008, about the direction to hand over the Pallikaranai and Perungudi dumping yards to the Forest Department to develop the Pallikaranai Marsh land in an effective manner and whether any steps had been taken by the Greater Chennai Corporation in this regard. We had also directed the Greater Chennai Corporation to take steps to hand over retrieved land of 15 acres situated adjacent to the Pallikaranai Marsh Land to the Forest Department so as to enable them to reclaim and protect that area and recover the cost of reclamation from the Greater Chennai Corporation.
25. The Additional Chief Secretary for Environment and Forest Department was directed to look into the issue and submit a report regarding the steps taken by them on the basis of the directions given by the Hon‟ble High Court of Madras and this Tribunal in respect of Pallikaranai Marsh land wherein, there was a direction to the Greater Chennai Corporation to hand over the entire area covered by the Pallikaranai and Perungudi dumping yards after removing the legacy waste to the Forest Department to be added to the Pallikaranai Marsh Land and for effective maintenance.
26. The Joint Committee, Tamil Nadu Pollution Control Board, Commissioner-
Greater Chennai Corporation and the Additional Chief Secretary for Environment, Forests and Climate Change and the Chief Secretary to Government, State of Tamil Nadu to file a respective reports and adjourned the case to 26.07.2022 for that purpose. On 26.07.2022, the matter was adjourned to 28.07.2022.
1727. This Tribunal had considered the report submitted by the Principal Secretary/Commissioner, Greater Chennai Compaction dated 27.07.2022, e-filed on the same date which reads as follows:-
STATUS REPORT FILED BY THE PRINCIPAL SECRETARY/ICOMMISSIONER, GREATER CHENNAI CORPORATION 18 19 20
28. Quite unfortunately, no reports were filed by the Joint Committee and the Tamil Nadu Pollution Control Board as directed by this Tribunal.
29. Heard the counsel appearing for the official respondents.
30. The learned counsel appearing for State Departments argued that they were taking all steps to implement the environmental laws and whatever proposals were pending with the Government were being cleared and necessary assistance was being given to the stakeholder departments to carry out the directions of this Tribunal and they were committed to protect environment and they would abide by any directions issued by this Tribunal in this regard.
31. The counsel appearing for Tamil Nadu Pollution Control Board submitted that they were periodically monitoring the implementation of Solid Waste Management Rules, 2016 and Liquid Waste Management and whenever deficiencies were found, they were issuing directions and also taking action on the basis of the directions given by the Principal Bench of National Green Tribunal in O.A. No.606 of 2018. The water samples have been collected, but results are awaited and without getting the analysis report it is not possible to ascertain the reason for change in colour for Perungudi Lake. They have also 21 submitted that they will strictly implement the directions of this Tribunal and also the Waste Management Rules and appropriate action will be taken against the violators in accordance with law. The learned counsel appearing for Tamil Nadu Pollution Control Board also submitted that they will abide by any directions issued by this Tribunal.
32. The counsel appearing for Greater Chennai Corporation submitted that they are taking all earnest steps to implement the Solid Waste Management Rules, 2016, Liquid Waste Management and Other Waste Management Rules and the steps are being taken to disposal of the legacy waste in the various dump yards and in the some of the dump yards, the work of bio-mining is in progress and as far as Kodanguiyur dump yard is concerned, DPR had been prepared and it is under the process of finalisation and immediately DPR is finalised, they will undertake the further steps for issuing tender and carrying out bio-mining in that dump yard as well.
33. As regards handing over of any portion of Perungudi and Pallikarani dump yards are concerned, it is not possible as they required the entire land for setting up modern waste management facility as required under Waste Management Rules and they don‟t have any other area and the Corporation like Chennai could not be denied the land for Waste Management disposal facility. After retrieving the land by disposing the legacy waste, they proposed to establish eco-park, green belt and environment friendly facilities to protect the area thereby protecting Pallikaranai Marsh Land as well and the area is not part of marsh land. The counsel appearing for Grater Chennai Compaction also submitted that they will abide by any directions issued by this Tribunal.
34. The counsel appearing for Chennai Metropolitan Water Supply and Sewerage Board submitted that they are taking steps to connect the uncovered areas which were later included in Greater Chennai Corporation by providing Underground Sewerage Scheme and once that is completed they may be able to provide discharge of untreated sewage into the water bodies permanently.
35. The learned counsel appearing for State Department also submitted that they are taking steps to remove the encroachment.
2236. Considered the various reports submitted and also submissions made by the counsel appearing for various departments.
37. The allegation in the newspaper report was that the Perungudi Lake is being polluted due to discharge of untreated sewage into the lake by persons who are occupying unauthorisedely nearby areas. Various newspaper reports which were referred to earlier also will go to show the nature of environmental degradation that is being caused to Perungudi and other Lakes in that area on account of improper maintenance, discharge of untreated sewage and dumping of waste etc., It is also in a away admitted that large scale legacy waste are lying in the various dump yards, namely, Pallikaranai dumping yard, Athipattu dumping yard, Sathangadu dumping yard, Perungudi dumping yard and Kodungaiyur dumping yard which are all under the control of Greater Chennai Corporation. It is also seen from the various reports that only partial disposal of legacy waste has taken place in Pallikarananai and Perungudi dump yard and the work was in progress in Athipattu dumping yard and Sathangadu dumping yard and as regards Kodangaiyur dup yard is concerned, it was only in the process of finalising DPR. It may be mentioned here, that Waste Management Rules were in existence since long time even prior to 2016 rules which was preceded by the Waste Management Rules, 1998 and 2000. It is in a way admitted by the authorities that though the waste is being collected from various areas and it is being dumped in the dump yards and no process was undertaken by them for disposal of the waste dumping in an effective manner which resulted in recurring fire incident in the dump yards affecting the health of the people in that area. Even during pendency of this case two or three times such incidents were brought to the notice through newspaper reports and that was in a way admitted by the authorities as well.
38. It is also an admitted fact that Perungudi and Pallikaranai dumping yards are situated very near to the Perungudi Lake and it is seen from one of the newspaper report that the colour of the water in the lake turned to pink colour and water samples have been collected as directed by this Tribunal only after analysis they may be able to find out the reason for the same. But quite unfortunately, till the case was taken up for Judgment, no such reports have been filed by the Tamil Nadu Pollution Control Board.
2339. It is seen from the newspaper report that earlier there was a proposal for making Perungudi Lake into the Eco Park, but subsequently no steps have been taken. It is also seen from some of the newspaper reports that part from Perungudi Lake that there are other lakes in that area, namely, Madipakkam Lake, Puzhuthivakkam Lake and Chitheri Lake and the excess water from Perungudi Lake is being diverted to Madipakkam, Puzhuthivakkam and Chitheri Lake vice versa using inlet and outlet channels existed then which were later disappeared due to encroachment. It was also seen from the report submitted by the Water Resources Department, Palar Division that certain encroachments were identified in the nearby areas of Perungudi Lake, but as far as Perungudi lake is concerned, there was no encroachment and certain steps were taken by the Greater Chennai Corporation by providing bio-fencing and also strengthening the bunds. In respect of Madipakkam Lake also, it was also seen from the newspaper report that though an amount of Rs. 1.28 Crores have been spent to protect the water body but it has become a sewage pond.
40. It was also mentioned in the newspaper report that there were large scale encroachments into Madipakkam lake and it has been reduced to 1 Acre now. The excess water from Madipakkam lake used to go to Puzhuthivakkam Lake and Chitheri Lake, but all the inlets and outlet channels have been disappeared due to encroachment. This was in away admitted by the Water Resources Department in the report e-filed on 21.03.2022. It was also seen from the reports that a Special Project Department in Greater Chennai Corporation had undertaken steps for restoration of 22 lakes/Ponds situated in Zone 7, 11, 14 and 15 under the Smart City Fund and these are some of the Lakes coming under that project. It was also mentioned that Underground Sewerage Scheme will be provided in those areas and steps are also being taken for identifying the encroachment and removal of the same.
41. The latest report submitted by the Chennai Metropolitan Water Supply and Sewerage Board and the Greater Chennai Corporation showed that some steps are being taken by the Chennai Metropolitan Water Supply and Sewerage Board for providing Underground Sewerage Scheme in the areas which were not covered earlier, but added to Greater Chennai Corporation later and if that is completed, there is no possibility of discharge of any untreated sewage into the water body arises. They have also given the details of the nature of work 24 undertaken and its present stage in the report submitted by them which was extracted earlier and as such we are not re-extracting the same to avoid repetition.
42. As regards, Perungudi dump yard is concerned, this Tribunal while disposing O.A. No. 51 of 2016 (SZ) and O.A. No. 83 of 2014 (SZ) directed the Greater Chennai Corporation to hand over Perungudi dump yard to Forest Department to add that area also as part of Pallikaranai Marsh Land as it is situated very near to the same and on account of the existence of the Perungudi and Pallikaranai dump yard, the water quality in the marsh land is being affected due to percolation of leachate generated from the dump yard.
43. Further, Hon‟ble High Court of Madras as Writ Petition Nos. 18888 of 1997 & 13105 of 2008 directed the Greater Chennai Corporation to hand over Pallikaranai Marsh Land and Peungudi dump yards to the Forest Department to develop the Pallikaranai Marsh land in an effective manner and this Tribunal while disposing in O.A. No. O.A. No. 51 of 2016 (SZ) and O.A. No. 83 of 2014 (SZ) mentioned that whatever directions given by this Tribunal regarding Perungudi and Pallikaranai dumping yards were the subject to be orders passed by the Hon‟ble High Court of Madras in the Writ Petition Nos. 18888 of 1997 & 13105 of 2008. So the Greater Chennai Corporation cannot at this stage say that they cannot surrender the land and if they want to retain any portion of the land, they will have to seek modification of the order passed by the Hon‟ble High Court of Madras in Writ Petition Nos. 18888 of 1997 & 13105 of 2008.
44. Further in that case the Tribunal also directed to conduct a detailed survey of the Pallikaranai Marsh Land to identify the encroachments and remove the encroachments add those portion also as part of Pallikaranai Marsh Land to develop the Pallikaranai Marsh Land in a better way by the Forest Department. Any dump yard is situated very near to the marsh land, if it is not properly maintained will have greater adverse impact on marsh land which were indirectly affect the eco system of the marsh land. Further Pallikaranai Marsh Land has been declared as „Ramsar Site‟ by the Central Government recently. So it has got global acceptance and it is necessity of the State to protect Ramsar Site in an effective manner even by enhancing the area if possible by avoiding the dumping yards are situated very near to the marsh lands and Forest Department 25 will be the appropriate department which can take all scientific steps to protect the marsh land in an effective manner than any other departments. So it is high time for the department to think about this aspect and as soon as the Palliakaranai and Perungudi dump yards retrieved by removing the legacy waste consider the question of handing over the area to Forest Department to add this area also part of Pallikaranai Marsh Land and the disposal of the waste generated in the corporation area and the other neighbouring areas which being collected and deposited in the dump yards belonging to the Greater Chennai Corporation can be confined to the other dump yards which are being managed by the Greater Chennai Corporation, namely, Athipattu dumping yard, Sathangadu dumping yard and Kodungaiyur dumping yard. If they wanted to retain any portion of the Perungudi and Pallikaranai marsh land which is very situated adjacent to the Pallikaranai Mash Land, then it will have to approach the Hon‟ble High Court of Madras for modification of the order to the extent required to retain any portion of the marsh land for their purpose mentioned in the report submitted by them.
45. The Hon‟ble Apex Court in Hinch Lal Tiwari Vs. Kamala Devi and others (2001) 6 SCC 496 has observed that it is the responsibility of the State to protect the water bodies whether it is perennial or non perennial and merely because it has become disused on account of non-maintenance will not make that lake unusable and they are not expected to divert the same for some other purpose as well. Even in that case it was observed that our forefathers had great vision and were committed for protecting the water bodies as they play a great role in protecting environment not only acting as a water storing reservoir but also rain water harvesting system and help improvement of ground recharge level in that area, so that no water scarcity will be caused in that area and it will also act as a flood mitigationmechanism as excess rain water can be collected in the tank to avoid spreading over in the areas and affect the people. Since the water bodies are being encroached and storage area is reduced, the incidents of flood also increased which affects the life and property of the people. It is high time for the State authorities to look into the issues seriously and to take steps to remove the encroachment and protect the water body against encroachment and pollution. There is a constitutional mandate on the part of the State to protect the water bodies which forms part of the protection of environment as contemplated under Article 48 (A) of Constitution of India. Right to get clean water and clean 26 air is also considered to be as part of „Right to Life‟ enshrined under Article 21 of the Constitution of India and this also will have to be provided by the State through its instrumentalities to its subjects.
46. The lake should not be used as dumping ground for dumping of garbage and discharging of untreated sewage as well and this will affect the water quality and in turn affect the health of the people as well. The Government must give priority for protecting environment, so as to ensure healthy life for the people.
47. The Hon‟ble High Court of Madras has taken cognizance in respect of issue of encroachment into the water body, converting the water bodies into housing plots by unauthorised illegal methods and issued directions to the authorities to take appropriate action to remove the encroachment and also take action against those officials who are responsible for the same and the persons against whom such documents have been issued and directions were also issued to the registering authorities not to register Government lands and the steps are being taken by the authorities in this regard as well. These are all some of the methods by which unauthorised conversion of water bodies can be avoided and help to some extent to protect the environment.
48. Further the Hon‟ble Apex Court observed that merely because water bodies has become disused on account of improper maintenance by the authorities it will not lose its character as water body and steps must be taken to restore and rejuvenate the same to its original position on that ground the water bodies/waterways cannot be used for any other purposes such as providing Pattas of lands. Usage of lands recorded as water bodies in the Revenue records by the authorities for other purposes was also deprecated by the Hon‟ble High Court of Madras in various decisions including in and directed the authorities to take steps to remove the encroachments by invoking the provisions of Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and rules framed there under.
49. While disposing the matter in O.A. No. 606 of 2018 in phased manner in respect of each State, the Principal Bench of National Green Tribunal also interacting with the Chief Secretaries of the State including the State of Tamil Nadu had recorded the undertakings given by the Chief Secretary to Government, State of 27 Tamil Nadu that they would implement the directions of this Tribunal in its letter and spirit disposed of partially in respect of State of Tamil Nadu directing the Chief Secretary to Government, State of Tamil Nadu to form a committee and allocate one Additional Chief Secretary to Government for monitoring the implementation of the directions and undertake the periodical review by the Chief Secretary to Government, State of Tamil Nadu and give necessary directions to implement the directions issued by this Tribunal in its letter and spirit. In this case quite unfortunately, Joint Committee has not filed the report and the District Collector Chennai District also did not file any independent report regarding the action taken. This is not the first time that this Tribunal was expressing its displeasure in the Joint Committee and the District Collector is not filing reports where their assistance is required for properly disposing the cases of this nature and disposed of cases are delayed due to want of proper report filed by the respective departments as expected by the Tribunal. It is high time for the Chief Secretary to Government, State of Tamil Nadu to look into the issue and take appropriate action against those erring officials who have not properly filing the report in Court in spite of opportunities given to them and long adjournments granted for filing such reports, so that that will be a lesson for others not to repeat in such mischief in future.
50. It is time and again reiterated by the Hon‟ble Apex Court and also various High Courts including Hon‟ble High Court of Madras including Principal Bench of National Green Tribunal and also this Tribunal, that is not possible for the Tribunal to monitor the implementation of the statutory rules of the environmental laws and discharging the functions of the regulators perpetually and it is for the regulators to take appropriate proactive steps to implement the environmental laws, so as to discharge the statutory constitutional obligation of protecting water bodies against encroachment and pollution as part of protection of environment as mandated under Article 48(A) of the constitution of India. The Secretary level officials are also imposed with a responsibility of monitoring theses aspects by various orders passed by this Tribunal including the Principal Bench of National Green Tribunal thereby they are also expected to take proactive role in effectively monitoring the implementations of the directions and the various statutory rules by the respective stakeholder departments and provide necessary assistance for them to implement the same in its letter and spirit.
2851. Under such circumstances, we feel that instead of keeping the case for long time to monitor the implementation of the directions as well as implementation of various Waste Management rules and protection of water bodies dispose of the case by giving certain directions which will be sufficient and that will meet the ends of justice. So the above case is disposed of with following directions:-
i. The District Collector, Chennai District in coordination with the Commissioner, Greater Chennai Corporation and Water Resources Department is directed to conduct survey of the Perungudi lake and its neighbouring area, like Madipakkam Lake, Puzhithivakkam Lake, Chitheri Lake and identify the encroachments and take steps to remove the encroachments in accordance with law and after removing the encroachments, then they are directed to take steps to provide protective mechanism by providing bio-fencing, planting green cover or other scientific methods and develop that area as an bio-diversity Park, around the lake without encroaching the water spread area of this lake, to restore the inlets and outlets which carry the excess rain water to the lakes or surplus water from one lake to another lake by removing the encroachments and also providing necessary periodical maintenance to the inlets and the outlets. these direction will be subject to the directions already issued and to be issued by the Hon‟ble High Court of Madras in respect of removal of encroachments in the lake and protection of water bodies in the pending Public Interest Litigations in the State of Tamil Nadu. ii. They are also directed to take steps to deepen the lake so as to increase the water storage capacity and take steps to protect the water bodies against discharge of untreated sewage and dumping of waste. They must also do necessary maintenance work for the regulators if any provided such as sluices, weirs and regulators to regulate the flow of water to the lakes and also by doing periodical de-silting of the lake and removal of weeds and hyacinths etc., so as to keep the water body clean and pollution free.
iii. They are directed to do the regular maintenance without encroaching into the water spread area of the lake and they must 29 also provide necessary mechanism to strengthen the bunds and repair the weirs and sluices provided to regulate the inflow and outflow of the water to the lake.
iv. The Commissioner, Greater Chennai Corporation is directed to strictly implement the Solid Waste Management Rules, 2016 and Liquid Waste Management and other Waste Management Rules, within their jurisdiction and expedite the process of disposal of the legacy waste in the dumping yard, namely, Pallikaranai dumping yard, Athipattu dumping yard, Sathangadu dumping yard, Perungudi dumping yard and take steps to hand over the reclaimed areas in Perungudi and Pallikaranai dump yards area to the Forest Department, so as to add the same to the Pallikaranai Marsh Land as directed by this Tribunal in O.A. No. 51 of 2016 (SZ) and O.A. No. 83 of 2014 (SZ) and also by the Hon‟ble High Court of Madras as Writ Petition Nos. 18888 of 1997 & 13105 of 2008.
v. The Chennai Metropolitan Water Supply and Sewerage Board is directed to carry out the implementation of Underground Sewage Scheme in the areas which are nearby added to the Greater Chennai Corporation and see that no untreated sewage reaches the water body. If the implementation of Underground Sewerage Scheme in those areas is likely to take time, then they are directed to take appropriate temporary measures to divert the sewage generated in those areas by providing collection wells in different locations and divert the same to the Sewerage treatment plant provided for that purpose or transport through Tanker Lorries for decanting in STPs and treat the sewage before it is discharged into the water bodies. They are also directed to take other scientific temporary measures in consultation with the Tamil Nadu Pollution Control Board in this regard and if any suggestions are given by the Tamil Nadu Pollution Control Board for initiating temporary measures, then Chennai Metropolitan Water Supply and Sewerage Board is directed to implement the same in its letter and spirit.
vi. The Chennai Metropolitan Water Supply and Sewerage Board is also directed to register all the Tanker lorries engaged for 30 collection of sewage from the residential areas and direct them to provide GPS to the vehicles, so as to enable them to track the movement of the tankers from the place of collection till the designated place of discharge, so as to avoid decanting of untreated sewage into the water bodies or storm water drains and if such instances were brought to the notice, then they can take appropriate action against those Tanker lorries including cancellation of licence, permissions granted, seizure and confiscation or releasing of the vehicle by imposing penalty amount equal to 50% of the market value as directed by the Principal Bench of National Green Tribunal in respect of seizure of vehicles involved in illegal sand mining so that that will be a lesson for the other persons who are engaged in such activities not to indulge in unauthorised activities of decanting untreated sewage into the water bodies and other areas in an illegal manner. vii. The Tamil Nadu Pollution Control Board is directed to monitor the implementation of Solid Waste Management/ Liquid Waste Management and Other Waste Management Rules and also the implementation of the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and in other related matters directions issued by the Special Bench and also by this Bench of the Tribunal in several matters of this nature and if there is any violation or non-compliance found, then they are directed to take appropriate action against those persons/Institutions/local bodies by initiating proceedings including prosecution and imposition of environmental compensation apart from resorting to other coercive measures provided under the respective statutes in accordance with law. viii. The Additional Chief Secretary to Government for Municipal Administration and Water Supply Department is directed to monitor the implementation of directions and if any proposals sent by stakeholder departments are pending in respect of protection of water bodies and implementation of waste management rules, then they are directed to take steps to expedite such proposal by providing necessary administrative as well as 31 financial sanction, so that the work should not be stalled due to paucity of funds ix. The Chief Secretary to Government, State of Tamil Nadu is directed to constitute a committee comprising of Additional Chief Secretary to Government for Municipal Administration and Water Supply Department as Chairman, Additional Chief Secretary to Government for Finance or his nominee, Additional Chief Secretary to Government for Water Resources Department, Principal Secretary to Government for Revenue and Disaster Management to monitor the implementation of the directions issued by this Tribunal in respect of implementation of Underground Sewage Scheme and implementation of Solid Waste/Liquid Waste/other Waste Management Rules and directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and various directions issued by this Bench in other matters relating to protection of water bodies removal of encroachment and if there is any gap found, then they are directed to issue necessary directions to the respective stakeholder departments so that they could rectify and resolve the same in an effective manner, so that the directions issued by the Tribunal for protecting water body can be effectively implemented by the respective stakeholders in its letter and spirit. x. The Chief Secretary to Government, State of Tamil Nadu is also directed to conduct review meetings with the stakeholder departments regarding this aspect and if there is gap found, then give necessary directions to the concerned departments to expedite the same and if any financial and technical support is required, then he is directed to take steps to provide the same at the earliest without delay, so as to enable the stakeholder department to implement the same quickly in an effective manner.
xi. The Registry is directed to communicate this order to the official respondents including the District Collector-Chennai District, Chairman-Tamil Nadu Pollution Control Board, the Commissioner- Greater Chennai Corporation, Managing Director-
32Chennai Metropolitan Water Supply and Sewerage Board, the Additional Chief Secretary to Government for Water Resources Department, Principal Secretary to Government for Revenue and Disaster Management and also to the Chief Secretary to Government, State of Tamil Nadu for their information and compliance of directions.
52. With the above observations and directions, the Original Application is disposed of.
..................................J.M. (Justice K. Ramakrishnan) Sd/-
.................................E.M. (Dr. Satyagopal Korlapati) O.A. No.140/2020 Sr. 33