National Green Tribunal
National Green Tribunal Southern Zone vs The Secretary To Govt. Of Tamil Nadu ... on 22 September, 2023
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No.01 (i) &(ii):
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Dated this the 22nd day of September, 2023.
(Through Video Conference)
Original Application No. 32 of 2020 (SZ)
With
Original Application No. 95 of 2021 (SZ)
IN THE MATTER OF
O.A. No.32/2020 (SZ)
Tribunal on its own motion SUO MOTU
based on the news item published in
Dinamalar, Chennai Edition dated
10.02.2020, under the caption "Heaps of
Plastic Wastes and garbage lying in a
side of Porur Lake."
And
1) The District Collector
Kancheepuram District
First Floor, Collectorate,
Kancheepuram - 631 501.
2) The Chairman
Tamil Nadu Pollution Control Board
Anna Salai, Guindy,
Chennai - 600 032.
3) The Commissioner
Greater Chennai Corporation
Ripon Building, Chennai - 600 003.
(R3 deleted from the party array
vide Order dated 25.09.2020.)
4) The Superintending Engineer
Water Resources Organization
Public Works Department
Kamarajar Promenade,
PWD Estate, Chepauk,
Chennai - 600 005.
5) The Block Development Officer
Kundrathur Panchayat Union
Chennai - 600 069.
6) Iyyappanthangal Village Panchayat
Rep. by its Executive Officer
Kundrathur Block, Chennai - 600 056.
(R5 & R6 are impleaded Suo Motu by this
Tribunal vide Order dated 25.09.2020.)
...Respondent(s)
Page 1 of 12
With
O.A. No.95/2021 (SZ)
Tribunal on its own motion - SUO MOTU
based on the News item published in The
New Indian Express, Chennai Edition,
Dated 25.02.2021, under the caption
"Burning of garbage continues near
Adyar".
And
1) The Secretary to Govt. of Tamil Nadu
Department of Environment & Forests,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600 009.
2) The Principal Secretary to Govt. of Tamil Nadu
Health and Family Welfare Department,
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
Kancheepuram District,
First Floor, Collectorate,
Kancheepuram - 631 501.
6) The Secretary
Gerugambakkam Village Panchayat,
Sankaralinganar Street
Gerugambakkam Village
Kundrathur, Kancheepuram District
Tamil Nadu - 600 128.
7) Kundrathur Panchayat Union
Rep. by its Block Development Officer
Karumariamman Nagar,
Tharapakkam, Chennai - 600 116.
(R7 impleaded Suo Motu by this
Tribunal vide Order dated 26.08.2021.)
....Respondent(s)
Page 2 of 12
O.A. No.32/2020(SZ):
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1, R4 to R6.
Mr. S. Sai Sathya Jith for R2.
O.A. No.95/2021(SZ):
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R3, R5 to R7.
Mr. S. Sai Sathya Jith for R4.
Judgment Reserved on: 13th September, 2023.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGEMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member.
1. The above applications are registered Suo Motu by this Tribunal on various dates based on the newspaper reports published in 'Dinamalar', Chennai Edition dated 10.02.2020 and 'The New Indian Express', Chennai Edition dated 25.02.2021.
2. In O.A. No.32/2020 (SZ), the news item reported was that heaps of plastic waste and garbage lying inside the Porur Lake and with the allegation of indiscriminate dumping of plastic waste in the portion of the Porur Tank. The photographs furnished along with the news item also show that there was an indiscriminate dumping of waste and cattle grazing in that area chewing the plastic which would be hazardous to the said animals.
Page 3 of 123. In O.A. No.32/2020 (SZ), a Joint Committee was constituted comprising the officers from the Tamil Nadu Pollution Control Board (TNPCB), Public Works Department (Water Resources Organization), Greater Chennai Corporation, and the Revenue Divisional Officer. The said committee was directed to inspect the area in question and ascertain the present status as well as the action taken report, if there is any violation, and also trace out the persons who are responsible for the same.
4. The said committee inspected the area on 15.09.2020 and found that the total extent of the land used by the Kundrathur Panchayat Union is about 0.75 Acres in S.F. No.138 which is owned by the Public Works Department as 'Porur Eri Thangal'. The municipal solid waste dump yard inside the Porur Eri catchment area is within the jurisdiction of the Iyyappanthangal Village Panchayat which is located near the residences.
5. It is observed further that that the population in the Iyyappanthangal Village Panchayat is about 23,808 as per the 2011 Census and the daily generation of municipal solid waste is about 6 Tonnes and the Porur Lake is used as a dump yard by the Kundrathur Panchayat Union. However, the processing of solid waste is not carried out as per the Solid Waste Management Rules, 2016. The Block Development Officer (BDO) - Kundrathur Panchayat Union had informed that a site within the Iyyappanthangal Village Panchayat has been identified for establishing a Micro Composting Centre (MCC) of 3.0 Tonnes capacity which is nearing completion. There was a legacy waste of 29,520 MT from January 2007 to August 2020.
6. In view of the above observations, the Public Works Department had requested the BDO - Kundrathur Panchayat Union to stop the dumping of municipal solid waste in the Porur Eri catchment area and to remove the legacy waste immediately. The TNPCB also issued a show cause notice to the BDO - Kundrathur Panchayat Union to comply with the Solid Waste Management Rules, 2016 or else necessary compensation will be levied.
Page 4 of 127. For the non-compliance by the Kundrathur Panchayat Union, an interim compensation of Rupees One Lakh per month was directed to be paid till compliance as per the notice. Further, the report recommended as follows:-
(i) The BDO - Kundrathur Panchayat Union shall stop the dumping of unsegregated solid waste in the portion of the Porur Lake catchment area at S.F. No.138 of Thelliyagaram Village.
(ii) The BDO - Kundrathur Panchayat Union shall clear the legacy waste dumped inside the Porur Lake within a period of six months.
(iii) The BDO - Kundrathur Panchayat Union shall complete and commission the MCC within a month enabling the same to handle 3 Tonnes of organic waste as reported.
(iv) The BDO - Kundrathur Panchayat Union to identify additional land for handling and treatment (Processing and Incineration) of the entire quantity of municipal solid waste as per the Solid Waste Management Rules, 2016.
(v) The BDO - Kundrathur Panchayat Union to ensure 100% collection of the solid waste generated within their jurisdiction with proper segregation by door-to-door collection, processing and disposal.
(vi) The BDO - Kundrathur Panchayat Union shall also employ sanitary staff in the dump site in question to carryout monitoring to prevent any fire in the legacy waste.
(vii) The Secretary - Rural Development Department and the Assistant Director of Village Panchayats, Kancheepuram shall monitor and ensure that the Kundrathur Panchayat Union is complied with the statutory requirements for the scientific disposal of solid waste that has been generated in the panchayat.Page 5 of 12
(viii) The BDO - Kundrathur Panchayat Union to vacate the existing dump yard and ensure that no further dumping of municipal solid waste by the Iyyappanthangal Village Panchayat.
8. The Tamil Nadu Pollution Control Board also filed a report reiterating the same that was reported in the Joint Committee report. The TNPCB only further stated that there was no bio- medical waste dumped in the said location. As per the BDO's report, 96 Tonnes of municipal solid waste collected from the catchment area of Porur Lake is being sent to the Kodungaiyur dump site of Greater Chennai Corporation (GCC) for further treatment and disposal. The TNPCB has further reported that the Common Bio-Medical Waste Facility viz., M/s. G J Multiclave India Private Limited is collecting the bio-medical waste generated from the healthcare facilities operating in the above said locations.
9. In O.A. No.95 of 2021 (SZ) also, a Joint Committee was constituted comprising the District Collector - Kancheepuram District and the Tamil Nadu Pollution Control Board to inspect the area in question and submit a factual as well as action taken report, in case of any violation. The District Collector had nominated the District Revenue Officer (DRO) who along with the District Environmental Engineer (DEE) had inspected the area on 27.05.2021. The Tahsildar - Kundrathur Taluk as well as the BDO - Gerugambakkam Village Panchayat were also present.
10. It was observed by the Joint Committee that
(i) There is a population of 24,884 as on May 2021 and the daily municipal solid waste generation is about 2.5 Tonnes/Day which was collected by 3 Nos. of Electronic Carts, 3 Nos. of Tricycles, and 2 Nos. of Tractors.
(ii) The Moulivakkam Village Panchayat is also having a population of 15,597 which generates Municipal Solid Waste of 2.0 Tonnes/Day.
Page 6 of 12(iii) The Kundrathur Panchayat Union is not carrying out the processing of solid waste collected from the Gerugambakkam and Moulivakkam Village Panchayats, as there is no common space available for the same.
(iv)The solid waste is being dumped in Sy. No.738 of Gerugambakkam Village which is a 'Maikal Poramboke' along the Adyar River bank since from October 2018.
(v) On the southern side of the said dumping yard is the Adyar River. The BDO has reported that the construction of the MCC in Tharapakkam Road, Bharathi Nagar, Gerugambakkam is completed to handle maximum of 3 Tonnes/Day of organic waste.
11. The Joint Committee also recommended that the Kundrathur Panchayat Union identify the site for each village panchayat and not dump solid waste or burn it in open areas on the banks of the rivers. The BDO was directed to ensure 100% collection of solid waste within the jurisdiction with proper segregation, door- to-door collection, etc. The BDO was directed to commission the MCC within a month. The BDO was also directed to install and commission the solid waste magnetic thermal decomposition (Pyrolator) in Sy. No.738, Gerugambakkam Village, Kundrathur within three months. The BDO was to coordinate with the District Administration to identify additional land for handling and treatment (Processing and Incineration) of entire quantity of municipal solid waste as per the Solid Waste Management Rules, 2016.
12. The TNPCB had filed two reports. In its first report dated 16.12.2021, conditions imposed in the directions of the Board Proceeding dated 19.07.2021 and the present status of the compliance was mentioned. Further, the TNPCB had given a status of the compliance of the recommendation of the Joint Committee. The TNPCB's report was also in line with the report of the Joint Committee only. Additionally, the TNPCB had issued a notice under Section 5 of the Environment (Protection) Act, 1986, imposing an interim environmental compensation.
Page 7 of 1213. The TNPCB also filed another report dated 09.02.2022, after inspection on 24.01.2022. As per the above report,
(i) The municipal solid waste collected from the Iyyappanthangal Village Panchayat is dumped in Sy. No.128 of Krishna Kalvai and also dumped at Ponniamman Koil Street which is located adjoining the residential area.
(ii) The Kundrathur Panchayat Union has provided the MCC at Ponniamman Koil Street to handle a maximum of 3 Tonnes of organic waste generated from the Iyyappanthangal Village Panchayat.
(iii) The Gerugambakkam Village Panchayat had not cleared the dumped municipal solid waste on the nearby bank of the Adyar River area and the only unsegregated solid waste generated from the Gerugambakkam and Moulivakkam Village Panchayats are dumped in the same area.
(iv) The Kundrathur Panchayat Union had constructed a MCC at Sy. No.543, Tharapakkam Road, Gerugambakkam, Kundrathur Taluk to handle a maximum of 3 Tonnes of organic waste.
14. According to the TNPCB, the Panchayat Union had not complied with most of the conditions stipulated in the directions issued by the Board vide its Proceeding dated 19.07.2021. Therefore, the TNPCB had issued directions under Section 5 of the Environment (Protection) Act, 1986 dated 02.02.2022 to strictly comply with the conditions imposed. As per the conditions,
(i) The Kundrathur Panchayat Union shall clear the dumped solid waste (legacy waste) inside the Porur Lake by carrying out bio-mining as per the CPCB Guidelines and clear the solid waste dumped on the bank of the river Adyar in coordination with the District Administration.
Page 8 of 12(ii) The Kundrathur Panchayat Union shall provide wire fencing of the Porur Lake adjoining Iyyappanthangal Village Panchayat till the bio-mining activity is completed.
(iii) The Panchayat Union shall stop the dumping of
unsegregated waste generated from the
Gerugambakkam and Iyyappanthangal Villages.
(iv) Finally, the Kundrathur Panchayat Union was directed to ensure 100% collection of solid waste being generated within its jurisdiction of Kolapakkam, Manapakkam, Mugalivakkam, Padappai, Thandalam, Iyyappanthangal, Gerugambakkam, etc. about 44 Nos. of village panchayats with proper segregation, door-to-door collection, processing and disposal by complying with the provisions of the Solid Waste Management Rules, 2016.
15. The District Collector - Kancheepuram had filed a report dated 26.03.2022 stating that the waste is collected from households by 50 Nos. of sanitary workers and 28 Nos. of Thooimai Kavalars. As of now, there are 2 Nos. of Solid Waste Collection Centres, one at Koluthuvancheri Village and another at Thelliyar Agaram for collection and treatment. The household waste of Iyyappanthangal Village Panchayat is taken to a vacant space at Oil Mill Road where it is segregated and transported to the MCC. As of now, there are solid waste collection centres, one at Kolapakkam Village and another at Thadha Pharmacy Company for collection and treatment.
16. The District Collector in its report has stated further that a review meeting on 01.03.2022, to all suburban village panchayats was conducted to resolve the problems with regard to the Solid Waste Management. The District Collector had instructed the BDO - Kundrathur Panchayat Union and the Tahsildar to identify a feasible vacant space at Gerugambakkam Village Panchayat for waste collected from the Iyyappanthangal, Moulivakkam and Gerugambakkam Villages to process as per the Solid Waste Management Rules, 2016. It was also directed to Page 9 of 12 monitor the ban of using plastic as per the resolution passed by the village panchayats. Separate groups are formed to create awareness activities in the field in coordination with the local body and TNPCB.
17. The BDO - Kundrathur Panchayat Union has filed three reports in February 2022, July 2022 and February 2023. In the report dated 11.07.2022 of the BDO - Kundrathur Panchayat Union, the action taken with respect to the Solid Waste Management relating to the Iyyappanthangal, Moulivakkam and Gerugambakkam Village Panchayats are dealt with independently.
18. In the report dated 26.02.2023 of the BDO - Kundrathur Panchayat Union, it is stated that there is a continuous process with regard to the removal of the garbage at an estimated cost of Rs.27,93,060/- entrusted to M/s. QUN Interiors Private Limited. It is stated that out of 1894 MT, 1505 MT of garbage has been removed and the remaining will be completed within a month. It is also stated that the dumping yard with respect to the Moulivakkam and Iyyappanthangal Villages has not yet been identified. However, in Tharapakkam Village, Sy. No.50 and 52 with an extent of 0.18.5 and 0.32.5 Hectares respectively and in Gerugambakkam Village, Sy. No.738/2 and 753 with an extent of 0.52.0 and 1.13.5 Hectares respectively were identified.
19. The BDO had further reported that one company named 'TEAM C' had approached the BDO for clearing the dumping yard in Gerugambakkam. If the above said company's proposal is accepted, the clearance of garbage within the Gerugambakkam Village will be cleared in a speedy manner.
20. It was awaited for the particulars of the alternate site for setting up the Micro Composting Centre (MCC). Accordingly, a further report of the BDO - Kundrathur Panchayat Union was called for, which was filed on 12.09.2023. The above said report is filed in common to both the above referred applications [O.A. Nos.32/2020 (SZ) & 95/2021 (SZ)].
Page 10 of 1221. In the said report, the BDO- Kundrathur Panchayat Union has stated categorically that in a continuous process to end the dumping of garbage and its removal in the Adyar River, 1396 MT of garbage was removed during the month of November 2022 and 3798 MT were removed during the month of July 2023 and August 2023. It is also stated that the dumped garbage in the Adyar River had been fully removed and no garbage was dumped in the Village Panchayats of Iyyappanthangal, Moulivakkam, Kolapakkam and Gerugambakkam area. The garbage has been segregated from the Village Panchayats of Iyyappanthangal, Moulivakkam, etc. as Wet Waste and Dry Waste in the places of concerned panchayats.
22. It is further stated in the report that the action is proposed for the segregation of the wet waste management garbage is sent to the MCC and the dry waste management garbage is used for laying roads, after being shredded as macro particles under a plastic shredding machine. The unused dry waste from which energy can be generated is used as fuel to the cement factory under Bailing Method through Non-Government Organization. It is mentioned that the MCC unit is operated by self-help group members at Iyyappanthangal, Kolapakkam and Gerugambakkam everyday. As the MCC can only segregate 5 Tonnes of waste/day, the excess waste is carried through a lorry to Appur Village, Chengalpattu District for garbage dumping with proper permission until the alternate site is allotted by the Government.
23. The above narration of facts would go to show that after the Tribunal had taken the matter Suo Motu and monitored it for more than 2 ½ years, it reached to the above stage.
24. As the District Collector, Block Development Officer and Village Panchayats are hopeful about the segregation of waste at source and dealing with the same as per the Municipal Solid Waste Management Rules, 2016, we only issue the following directions:-
Page 11 of 12(I) Let the District Administration identify an appropriate place to manage the solid waste scientifically for the Moulivakkam and Iyyappanthangal Village Panchayats at the earliest.
(II) Let the District Administration also follow up the same and maintain the segregation of waste at source and send them to an appropriate Micro Composting Centre (MCC) and bio-mining centres.
(III) We also direct the Block Development Officers of the Village Panchayats and other officers concerned not to dump any solid waste in unauthorized places and educate the public appropriately for using the places which are earmarked for the management of solid waste scientifically.
(IV) The Tamil Nadu Pollution Control Board to levy environmental compensation for the lapses noted, following due process of law.
25. Recording the reports filed by the Block Development Officer (BDO) - Kundrathur Panchayat Union, Tamil Nadu Pollution Control Board and the District Collector - Kancheepuram, both the applications [O.A. Nos.32 of 2020 (SZ) and 95 of 2021 (SZ)] are disposed of with the above directions.
26. For reporting compliance by the above said authorities, post the matter on 31.10.2023.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.32/2020 (SZ) O.A. No.95/2021(SZ) 22nd September 2023. Mn.
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