National Green Tribunal
S.Kumaradasan vs State Of Tamilnadu on 19 May, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.01:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 102 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
S. Kumaradasan Vice President
Velachery Eri Pathukappu Iyakkam,
Velachery, Chennai ...Applicant(s)
Verses
The Government of Tamil Nadu,
Rep by its Chief Secretary,
Chennai and Others. ....Respondent(s)
Date of hearing: 19.05.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mr. K.C. Karl Marx
For Respondent(s): Dr. V. R. Thirunarayanan for R1 to R4 & R8
Mr. C. Kasirajan through
Ms. Ashwini for R5
Mrs. P.T. Rama Devi through
Mr. Ragul Adithya for R6
ORDER
1. The grievance in this application is regarding the non-maintenance of Velachery Lake by the authorities and not doing de-silting in a regular manner affecting the 1 storage capacity of the lake. Further untreated sewage is also being let in the Velachery Lake which affects the quality of the water in the lake which caters the drinking purpose and also irrigation purpose of the people in the locality. Though, several representations have been made to the authorities, no proper action has been taken in this regard.
2. It is also mentioned in the application that the lake was having originally an extent of 265 acres, which has now been reduced to 55 acres. Large extent of land has been allotted to land less and some extent of land around 53 acres of land allotted to Tamil Nadu Housing Board and 34 acres to Tamil Nadu Slum Clearance Board for housing development. In order to reduce the traffic jam, 100 feet road was laid dividing the Lake into two halves. The remaining area is being maintained as a lake without any proper maintenance. That prompted the applicant to file the application seeking the following reliefs:-
1) Direct the 6th and 8th respondents to de-silt the Velachery Lake under the supervision of respondents 1 to 5
2) Direct the 8th respondent to strengthen the bunds of the Velachery Lake by planting Palm trees.
3) Direct the 4th and 5th respondents to take necessary steps to stop the discharge of sewage and dumping of garbage into the Lake
4) Direct all the respondents to restrain from using the said Velachery Lake area for other purposes.
3. When the matter came up for hearing for admission today through Video Conference, Sri. C. Karl Marx appeared for the applicant. Dr. V. R. Thirunarayanan represented respondents 1 to 4 and 8, Sri. Kasirajan through 2 Ms. Ashwini represented 5th respondent and Smt. P.T. Rama Devi through Mr. Ragul Adithya represented the counsel for 6th respondent.
4. We feel that the District Collector, Chennai is also a necessary party to the proceedings. So the applicant is directed to take steps to implead the District Collector Chennai before the next hearing date.
5. It is settled law that the State and its machineries are expected to maintain the water bodies which play a greater role for protecting environment. Apart from providing water for drinking and irrigation purposes it acts as water recharge system which in turn will improve the groundwater level in that area.
6. There is a duty cast on the State Government and regulators and the local bodies to protect environment and avoid the water bodies being polluted as there is a constitutional mandate cast on them and a responsibility to protect the environment as Contemplated under Article 48 (A) of Constitution of India. This is being reiterated by the Hon'ble Apex Court as well as the various Hon'ble High Courts including Hon'ble High Court of Madras and the National Green Tribunal in several matters of similar nature whenever such issues are coming before this Tribunal. Regular de-silting of lake and water bodies as a part of maintenance is required for maintaining the water storing capacity of the lake and water bodies. If it is not properly done, it will not only affect the storing capacity, but also affect the water quality as well because of accumulation of contamination in the sediments that has been collected in the water body. Unless it is regularly removed in a scientific manner without affecting the reverine or water body ecology, it will have great impact on 3 environment and also affect the ground water level in that locality which will create scarcity of water.
7. On going through the allegations in the application, we are satisfied that there arises a substantial question of environment which requires the interference of this Tribunal for resolving the same. So the matter is admitted.
8. Issue notice to the respondents by Registered post with acknowledgement due, by e-mail and produce proof of service on them by filing proof of affidavit as per rules.
9. The applicant is also directed to serve a copy of the application along with the documents produced to the standing counsel appearing for the some of the official respondents within a week and produce proof of such service by filing proper affidavit as per rules.
10. The applicant is also directed to produce necessary requisites along with postal cover and the necessary postal stamps before this Tribunal within a week, to send notice to all the respondents through Tribunal, to ensure service on them, so as to enable this Tribunal to proceed against them, if they did not appear in their absence in accordance with law.
11. In order to ascertain the genuineness of the allegations made in the application, we feel it appropriate to appoint a 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) The Superintending Engineer of Public Works Department (PWD) and Water Resources Organisation (WRO), (3) a Senior Officer deputed by the 4 Commissioner, Greater Chennai Corporation, (4) a Senior Officer from the Tamil Nadu Pollution Control Board (TNPCB) deputed by its Chairman and (5) a Senior Officer from Chennai Metropolitan Water Supply & Sewerage Board (CMWSSB) to inspect the area in question and submit a factual as well as action report if there is any violation found.
12. The committee is also directed to ascertain as to whether regular de- silting/dredging is being done in this lake and if not, what are the steps taken by the concerned persons who have been authorised to do the same. If any untreated sewage is being let in, then the committee is directed to ascertain who are responsible for the same and suggest the course of action to be taken to prevent such unauthorised discharge of untreated sewage into the water bodies.
13. The committee is also directed to analyse the water quality of the lake and if there is any contamination found, suggest the nature of remediation measures to be taken to restore the water quality to its original position.
14. The committee is also directed to ascertain as to whether if there is any scheme launched either by the State Government or by the District Administration for protecting the water bodies and if so, what is the stage of its implementation. If there is any violation found, the committee is also directed to identify the violators and assist the environmental compensation to be recovered from them.
15. The Public Works Department (PWD) and Water Resources Organisation (WRO) will be the nodal agency for co-ordination and for providing necessary logistics for this purpose.
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16. The applicant is also directed to submit a set of papers to the members of the committee within a week, so as to avoid delay in submitting the report.
17. The committee is directed to submit the report to this Tribunal on or before 21.06.2021, by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
18. The Registry is directed to communicate this order to the members of the committee as well as the official respondents immediately through e-mail, so as to enable them to comply with the direction and for filing their independent response to the allegations made in the application and also for filing their independent report as directed by this Tribunal.
19. For appearance of parties, for filing independent response and also for consideration of report, post on 21.06.2021.
..................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Dr. K. Satyagopal) O. A. No.102/2021, (SZ) 19.05.2021 Sr. 6