National Green Tribunal
S.Kumaradasan vs State Of Tamilnadu on 19 July, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.08 & 09:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 102 of 2021 (SZ)
With
Original Application No. 02 of 2020 (SZ)
IN THE MATTER OF:
S. Kumaradasan Vice President
Velachery Eri Pathukappu Iyakkam,
Velachery, Chennai ...Applicant(s)
Vs
The Government of Tamil Nadu and Others.
....Respondent(s)
With
Tribunal on its own motion
Suo Motu based on the News
Item in Dinamalar
Tamil Newspaper,
"Velachery lake-full due to Monsoon"
Plea for preventing sewage waste get
mixed in the lake.
... Applicant(s)
Vs.
The Government of Tamil Nadu and others.
... Respondent(s)
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Date of hearing: 19.07.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
O.A. No. 102/2021(SZ)
For Applicant(s): Ms. Parvin Banu for Mr K.C. Karl Marx.
For Respondent(s): Dr. D. Shanmuganath for R1 to R4 & R8
Mr. C. Kasirajan through Ms. Ashwini for R5
O.A. No. 02/2020(SZ)
For Applicant(s): Suo Motu
For Respondent(s): Dr. D. Shanmuganath for R1 to R5
Mr. C. Kasirajan through Ms. Ashwini for R6
ORDER
O.A. No. 102/2021(SZ)
1. O.A. No. 102 of 2021 has been filed by a private individual alleging that Velachery lake is not being managed by the authorities by doing regular maintenance work and dumping of untreated sewage is also happening in that area.
2. As per order dated 19.05.2021, while considering this application the Tribunal had appointed a joint Committee to go into the question and submit a report and posted the case to 21.06.2021 for that purpose. On 21.06.2021, when the matter was taken up, it was brought to the notice of Tribunal that in respect of the same issue, this Tribunal had registered a suo motu case as O.A. No. 02/2020 and certain directions have been issued 2 in that case. So, this Tribunal felt that both the cases will have to be taken together and directed the case to be posted along with O.A. No. 02/2020 that is how the matter has been posted today.
O.A. No. 02/2020(SZ)
3. O.A. No. 02 of 2020 has been suo motu registered by this Tribunal on the basis of the newspaper report published in Dinamalar Daily dated, 08.01.2020 under the caption "gUt kioahy; epuk;gpa Ntsr;Nrup Vup> fopT ePu; fyg;gij jLf;f Nfhupf;if" (Velachery lake-full due to Monsoon Plea for preventing sewage waste get mixed in the lake.)
4. There also this Tribunal had appointed a joint Committee to go into the question and submit a report. Thereafter, joint Committee submitted a report dated nil received on 24.09.2020, which was considered by this Tribunal as per order dated 01.09.2020 and extracted in para 5 of the order and thereafter passed the following order:
6. It is seen from the report that a number of drains which reach the Velacherry Lake are in a pathetic condition filled with untreated sewage.
The water quality also shows that it contains high level of TDS and Chlorides.
7. Though, certain immediate measures as well as long term measures have been suggested to be carried out by each department, unfortunately no specific time line has been provided to implement the same.
8. Considering the pathetic condition of the lake as well as the drains which lead to the lake, if this is allowed to continue for a longer period, apart from the pandemic situation caused on account of Corona Virus, the people will face other disaster with the possibility of having some other epidemic diseases which is likely to affect their life itself.
9. The State Government as well as the local bodies and other departments who are dealing with these issues have to address the issue in a serious manner while providing the remedial measures with shorter time lines so as to avoid the possible immediate danger of the water being polluted.
10. So under such circumstances, we direct the Pollution Control Board, 3 Greater Chennai Corporation and also the Public Works Department & Water Resources Department, Chennai Metropolitan Water Supply Sewage Board to come with specific action plan with shorter and longer time lines within which the issue can be resolved to protect the people from facing any health hazards and infection of other epidemic diseases like Dengue, Malaria, etc.
11. When this was pointed out, standing counsel appearing for the above departments wanted some more time to come with a proper action plan.
12. Considering the circumstances, we feel that one more opportunity can be given to the concerned departments to come with clear action plan so as to implement the recommendations given by the Joint Committee to resolve the issue permanently and also take temporary measures to safeguard the people from facing the possible impact of any epidemic diseases.
13. They are directed to submit the report on or before 14.10.2020 to this Tribunal by e-filing by providing necessary hardcopies as well.
14. The Registry is directed to communicate this order to the members of the committee and concerned departments by e-mail immediately so as to enable them to comply with the direction.
and the matter was originally posted to 14.10.2020 for consideration of action plan and also for further report. Thereafter, the matter has been adjourned from time to time by successive notification and lastly it was adjourned to today as per notification dated 10.06.2021.
5. Since, issues raised in both the cases related to the illegal dumping of waste and also of non-maintenance, encroachments etc. we feel that both these cases can be considered together and disposed of by a common Judgment.
6. When the matters came up for hearing today Ms. Parvin Banu represented Mr. K.C. Karl Marx for applicant in O.A. No. 102/2021. Dr. D. Shanmuganath represented respondents 1 to 4 and 8 in O.A. No. 102/2021 and respondents 1 to 5 in O.A. No. 02/2020 and Mr. C. Kasirajan through Ms. Ashwini represented 5th respondent in O.A. No. 102/2021 and 6th 4 respondent in O.A. No. 02/2020.
7. Learned Counsel appearing for the applicant in O.A. No. 102 of 2021 filed an amended copy of application after impleading the District Collector as a party as directed by this Tribunal. None of the parties have filed any further report as directed by this Tribunal.
8. When this was pointed out the Learned Counsel appearing for official respondents submitted that if some time is granted they will come with further report as directed incorporating all aspects required on the basis of allegations made in both the cases. It is quite unfortunate that grievance in this application is that proper maintenance is not being done and de-silting was not conducted for quite long period. Further, if de-silting is not properly done and maintenance work is not done to the water bodies, then the water storing capacity of the water bodies will be reduced and that will create unnecessary floods. Further, water bodies are not expected to be used as dumping ground or sewage pond. If any such things are found, then authorities are expected to take appropriate legal action against the persons who are violating the same as well and come with a report as what is the nature of action taken from their side. Such a pro-active attitude was not seen on the part of the regulators as well as official respondents as evident from their failure to file on time their independent reports before this Tribunal as well. Further, considering the circumstances, we feel that some more time can be granted to the Committees as well as official respondents 5 including Pollution Control Board and the local bodies to come with detailed comprehensive factual report comprising allegations in both cases, action plan and also remedial measures taken by them to resolve the issue and they are directed to file their respective reports to this Tribunal on or before 18.08.2021 by e-filling in the form of searchable PDF/OCR supportable PDF and not in the form of image PDF along with necessary hardcopies to be produced as per Rules.
9. The Registry is directed to communicate this order to the members of the Committee in both the cases, official respondents and to the Chief Secretary, Principal Secretary for Environment, Additional Chief Secretary, Public Works Department and Additional Chief Secretary, Municipal Administration and Water Supply, Commissioner, Greater Chennai Corporation for complying with the directions issued by this Tribunal.
10.For Completion of pleadings, consideration of further action taken plan and further report, post on 18.08.2021.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Dr. K. Satyagopal) O.A. No.102/2021(SZ) & O.A. No.02/2020(SZ) 19th July, 2021. (AM).
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