National Green Tribunal
National Green Tribunal Southern Zone vs The Secretary To Govt. Of Tamilnadu ... on 18 August, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.:03 & 04 Court No: 1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 54 of 2020 (SZ)
With
Original Application No. 61 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 dated 02.03.2020, Chennai Supplementary
Ambattur Lake getting polluted due to Sewage Water"
And
The Principal Secretary to Government,
Public Works Department,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009. ....Respondents(s)
With
Original Application No. 61 of 2020 (SZ)
IN THE MATTER OF:
S.P. Surendranath Karthik,
No. 9, Lake View Street,
Iyappa Nagar, Madipakkam,
Chennai ...Applicant(s)
Versus
The Secretary,
Indian Railway Welfare Organisation,
Shivaji Brigdge Railway Complex,
(Behind Shankar Market),
New Delhi 110 001. ....Respondents(s)
O.A. No. 54 of 2020 (SZ)
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R5,R9 to R12
Mr. S. Sai Sathya Jith for R6
Mrs. P.T. Rama Devi through
Mr. Ragul Adithya for R7
Mr. Gautham S. Raman for R8
1
O.A. No. 61 of 2020 (SZ)
For Applicant(s): Ms. Srinithi represented
Mr. Kaushik N Sharma
For Respondent(s): Dr. D. Shanmuganathan for R2, R4, R6 & R7
Mr. S. Sai Sathya Jith for R3 & R5
Mrs. P.T. Rama Devi through
Mr. Ragul Adithya for R8
Mr. P. Purushothaman represented
Mr. P.Srinivas for R9
Judgment Pronounced on: 18.08.2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Justice K. Ramakrishnan, JM Dr. Satyagopal Korlapati, EM O.A. No.54 & 61/2020 (SZ) 05.08.2022, Sr. 2 Item No.:03 & 04 Court No: 1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 54 of 2020 (SZ) With Original Application No. 61 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 dated 02.03.2020, Chennai Supplementary Ambattur Lake getting polluted due to Sewage Water"
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. The Secretary to Govt. of Tamil Nadu, Municipal Administration & Water Supply Department, Govt. Secretariat, Fort George Chennai, Tamil Nadu 600 009.
4. The Secretary to Govt. of Tamil Nadu, Health & Family Welfare Department.
Govt. Secretariat, Fort George, Chennai, Tamil Nadu - 600 009.
5. The District Collector, Chennai District, District Collectorate Office, No. 62, Rajaji Salai, 4th Floor, Chennai, Tamil Nadu - 600 001.3
6. The Chairman, Tamil Nadu Pollution Control Board, No. 76, Anna Salai, Guindy, Chennai, Tamil Nadu 600 032.
7. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003, Tamil Nadu, India.
8. The Managing Director, Chennai Metropolitan Water Supply & Sewerage Board, No. 1, Pumping Station Road, Chintadripet, Chennai, Tamil Nadu - 600 002.
9. The Chief Engineer, Public Works and Water Resources Organisation (WRO), Chennai.
(Suo- Motu Impleaded as per order of Tribunal dated 06.03.2020)
10. Directorate of Municipal Administration, Rep. by its Director, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
(Suo-Motu Impleaded as per order of Tribunal dated: 25.06.2021)
11. The District Collector, First Floor, Tiruvallur - 602 001.
12. Villivakkam Panchayat Union, Rep. by its Block Development Officer, NH-205, Dobhi Colony, Kamarajapuram, Ambattur, Chennai - 600 053.
(R11 & R12 Suo-Motu Impleaded as per order of Tribunal dated: 07.02.2022) ...Respondent(s) With 4 Original Application No. 61 of 2020 (SZ) In the Matter of:
S.P. Surendranath Karthik, No. 9, Lake View Street, Iyappa Nagar, Madipakkam, Chennai ...Applicant(s) Versus
1. Secretary, Indian Railway Welfare Organisation, Shivaji Brigdge Railway Complex, (Behind Shankar Market), New Delhi 110 001.
2. Executive Engineer, Public Works Department, Water Resources Department, Kosasthalaiyar Badin Division, Thiruvallur - 602 002.
3. District Environmental Engineer, Tamil Nadu Pollution Control Board, 77-A, South Avenue Road, Ambattur Industrial Estate, Ambattur Taluk, Tiruvallur District, Chennai - 600 058.
4. The Secretary, Public Works Department, Secretariat, Chennai - 600 009.
5. The Chairman, Tamil Nadu Pollution Control Board, Corporate Office, No. 78 Anna Salai, Guindy, Chennai - 600 032.
6. The District Collector, Master Plan Complex, Tiruthani Highway, Tiruvallur, Tamil Nadu - 602 001.5
7. The Divisional Officer, Public Works Department, Water Resources Department, Redhills Basin Division, Redhills 600 052.
8. The Commissioner, Greater Chennai Corporation, Madras Tiruvallur High Road, Opposite to Dunlop, Aambattur, Chennai - 600 053.
9. The Municipal Commissioner, Avadi Municipality, Avadi, Tiruvallur District - 600 054. ...Respondents(s) Judgment Reserved on: 27th July, 2022.
Judgment Pronounced on: 18th 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/No Whether the Judgment is to be published in the All India NGT Reporter - Yes/No O.A. No. 54 of 2020 (SZ) For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R5, R9 to R12 Mr. S. Sai Sathya Jith for R6 Mrs. P.T. Rama Devi through Mr. Ragul Adithya for R7 Mr. Gautham S. Raman for R8 O.A. No. 61 of 2020 (SZ) For Applicant(s): Ms. Srinithi represented Mr. Kaushik N Sharma For Respondent(s): Dr. D. Shanmuganathan for R2, R4, R6 & R7 6 Mr. S. Sai Sathya Jith for R3 & R5 Mrs. P.T. Rama Devi through Mr. Ragul Adithya for R8 Mr. P. Purushothaman represented Mr. P.Srinivas for R9 JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. O.A. No. 54 of 2020 (SZ) was Suo Motu registered by this Tribunal on the basis of the newspaper report published in Dinamalar - Newspaper Chennai Supplementary Edition dated 02.03.2020 under the caption "fopT ePuhy;
khrilAk; mk;gj;J}u; Vup" (Ambattur Lake getting polluted due to Sewage Water).
2. It was alleged in the newspaper report that the Lake was having an extent of 600 Acres originally and the same has been shrunken to 400 Acres due to unauthorised encroachments. It was situated in the Ambattur Zone, where more than 25 water bodies are situated.
3. The lake was managed by the Public Works Department. It was alleged in the newspaper report that untreated sewage was indiscriminately discharged into the Ambattur Lake causing contamination and affecting the quality of water and there were lot of unauthorised encroachments as well.
4. It was also alleged in the newspaper report that it was being used for dumping of garbage in the lake apart from discharging untreated sewage. Though complaints were made to the authorities, no action was taken is the grievance in the newspaper report.
5. On going through the allegations made in the newspaper report and also reiterating the responsibility of the State to protect the water bodies against encroachment and having satisfied that there arose a substantial question of environment which required the interference of this Tribunal, this Tribunal admitted the matter as per order dated 06.03.2020 and appointed a Joint Committee comprising of (1) The District Collector, Chennai, District, (2) a Senior officer from the Tamil Nadu Pollution Control Board as deputed by 7 its Chairman, (3) Engineer- in Chief, Water Resources Organisation (WRO) Public Works Department (PWD), (4) the Commissioner, Greater Chennai Corporation and (5) a Senior officer from Chennai Metropolitan Water Supply & Sewerage Board to inspect the area in question and submit a factual as well as action taken report including the removal of encroachment and preventing discharge of untreated sewage into the lake to save the lake from pollution.
6. They committee was directed to Prepare an action plan with remediation measure required to improve the water quality which was found to be contaminated.
7. The Chief Engineer (General), Water Resources Organisation (WRO) and Public Works Department was designated as nodal agency for co-ordination and for providing all necessary logistics for this purpose.
8. This Tribunal also impleaded the Chief Engineer, Public Works Department (PWD) and Water Resources Organisation (WRO), Chennai Suo Motu impleaded as additional 9th respondent.
9. Thereafter, the matter was adjourned from time to time by successive notifications and also at the request of the officials. In the mean time, another private party has filed in O.A. No. 61 of 2020 (SZ) raising the same issues wherein it was alleged more or less the same allegations raised in the newspaper report based on which O.A. No. 54 of 2020 (SZ) Suo-Motu registered by this Tribunal.
10. It was alleged in the application that the cause of action filing the application arose on 11.02.2020 when the 3rd respondent, Executive Engineer, Public Works Department and Water Resources Organisation, Kosasthalaiyar Basin Division had responded to a „Right to Information Act‟ (RTI) filed by the applicant dated 16.01.2020 regarding the Plight of the Ambattur Lake wherein illegal discharge of sewage water and dumping of garbage found to be rampant.
11. It was also alleged in the newspaper report that during the month of December 2019, when the applicant had inspected the area, it was found that 1st respondent, namely, Indian Railways Welfare Organisation is situated 8 adjacent to the Ambattur Lake and had been illegally discharging their entire sewage into the lake and contaminating the water body and they were also dumping the waste against the provisions of Solid Waste Management Rules, 2016.
12. It was also mentioned in the application that the Ambattur Lake was comprised Survey No. 582 of Ambatuur Village and it was an important source of portable water to the residents in the area, due to the contamination caused to the water quality on account of discharge of untreated sewage, trade effluents and dumping of waste, the same has become not potable. They had relied on certain newspaper reports published in „NEWS Minutes‟ dated 15.06.2017 wherein it was mentioned that "From the streets near the Stead ford hospital, the drainage travels about a kilometre to reach the lake. There are about 3000 residents in that area and the drainage system provided which was not proper because of which, drainage flow into the lake. They had also relied on Annexure (A4) & (A5) the application was filed by the applicant under „Right to Information Act‟ and the reply received there from and the reply it was mentioned that the "Public Works Department did not permit sewage to be discharged into the lake"
13. They had also forwarded the query regarding the Indian Railways Welfare Organisation to Ambattur Circle, Chennai Corporation, Red hills" and no permission was granted by the department to discharge sewage or dumping of waste and these aspects had been intimated to Ambattur Circle 7, Chennai Corporation, Red hills and Avadi Municipality of the their information and taking action.
14. According to the applicant the authorities failed to discharge their duties under Solid Waste Management Rules, 2016 for providing collection, segregation and disposal of waste generated both Solid Waste and Liquid Waste. Since no action was taken, the applicant had relied on several decisions, namely, M.C. Mehta vs. Kamal Nath (1997) 1 SCC 388, Jayaprakash Dabral vs. Union of India MANU/GT/0020/2011 of the Hon‟ble Supreme Court the orders passed by this Tribunal in the order dated 14.12.2011, Hindustan Coco Cola Beverages Limited vs. West Bengal Pollution Control Board (1996) 3 SCC 212. and other of the Principal Bench 9 of Eastern Zone decided by the Principal Bench of National Green Tribunal by order dated 19.03.2012 and Indian Council for Enviro Legal vs. Union of India by order dated 18.07.2011 for the proposal that the protection of water bodies are the responsibility of the State under Article 48(A) of the Constitution of India and nobody is entitled to pollute the water body and they are liable to pay compensation applying „Polluter Pays Principle‟. Since the authorities are not taking any action, the applicant has filed application seeking the following Interim as well Main reliefs:-
Interim - Prayer:
In these circumstances, it is therefore prayed before this Hon'ble Tribunal to immediately pass an ad-interim ex-parte temporary injunction against the Respondents, their men, representatives, officials and others etc., forthwith to stop illegally and wrongfully dumping sewage water and municipal solid waste in Survey No. 582, of Ambattur Village, Ambattur Taluk, Thiruvallur District and pass such other order as this Hon'ble Tribunal may deem fit and pending disposal of the application and thus render justice.
Main Prayer:
a. Grant a permanent injunction against the respondents, their men, representative, officials and others etc., to permanently stop from illegally and wrongfully dumping sewage water and municipal solid waste in Survey No. 582 of Ambattur Village, Ambattur Taluk, Thiruvallur District.
b. To direct the respondent no.1 and the erring officials of the respondents to pay fine/compensation as per the existing Solid Waste Management Rules, 2016 and as per the polluter pays principle which shall be used for the purpose of restoring the Ambattur Lake back to its original position.
c. To immediately form a Monitoring Committee consisting of the local residents of Ambattur and officials of the Pollution Control Board, Water Resources Department and Rural Development Department to consistently monitor the existence of Ambattur Lake free from illegal dumping of sewage and garbage.
M
15. As per order dated 19.03.2020, this Tribunal was satisfied that the issues raised in O.A. No. 54 of 2020 (SZ) and this case are the same and decided to club these cases together and directed the committee appointed in O.A. No. 54 of 2020 (SZ) to go into the issues raised in the application as well and to be posted this case also along with O.A. No. 54 of 2020 (SZ) for the purpose of considering together. This case was also adjourned along with O.A. No. 54 of 2020 (SZ) by successive notifications.
1016. These two cases were taken up on 27.01.2021 and on that date, this Tribunal had considered the report submitted by the Joint Committee signed by the officer on 29.08.2020 and 28.08.2020, e-filed on 11.01.2021 and extracted in Para (3) of the order which reads as follows:-
The following observations were made by the committee during the site visit:
The surplus water from the weir of the Ambattur lake leads to Korattur Lake. also the lake has a bund length of 300 m around the lake. It is located near the tail end of the Kosasthalaiyar River and also is located at the end of Kosasthalaiyar Basin.
The committee observed that no irrigation activities are being carried out due to urbanisation. The committee observed that sewage/sullage water are being let into the Ambattur lake near plot No.4861, 7904, 8067 and 12 th main road of Housing Board, Ayapakkam form the existing drainage constructed by the Housing Board, Ayapakkam. TNHB common STP provided for the treatment of sewage generated form Ayyappakkam TNHB was in operation. It is also observed that sewage/sullage water are being let into the Ambattur lake directly through earthen drain in the areas of Moontrunagar and Ganapathy Nagar in Thirumullaivoyal village. The public works department stated that nearly 1200 houses were evicted in the year 2008 in the eastern side of the lake and 150 houses were evicted in the year 2018 in the southern the lake i.e., in Ayappakkam road. The committee observed that there are some temporary thatheed houses are existing in the foreshore area of the lake in Moontru nagar and Ganapathy Nagar.
Water sample from Ambattur lake to ascertain the water quality was collected by the committee and sent to the TNPCB lab for analysis. also, the committee observed that there was no discharge of Industrial Effluent into Ambattur Lake. The Committee instructed the corporation to check if any other sewage inlets being let into the lake. The committee instructed the Revenue Department to list out the encroachment details in the foreshore area of lake. The encroachments in the form of thatched roofs, titled roofs, and shed in the foreshore of the lake in Moontru Nagar and Ganapathy Nagar area in Thirumullaivoyal Village. The committee instructed the Revenue Department to take necessary steps to issue the form I & II notices to the encroachments. The Tahsildhar, Avadi is hereby instructed to survey the field and demarcated the boundaries of the lake and ensure the above encroachments as on now.
Based on the inspection by the committee, following actions are suggested to take in short term and long term and requested the concerned department to submit the action taken report to the nodal agency i.e., Public Works Department.
Short Term Plan
S. Description of Work Department Time
No. Schedule
1 Plugging the illegal sewage inlets near Block Development 3
plot No.4861, 7904, 8067 and 12th main Officer, Villivakkam Months.
road of Housing Board, Ayappakam and & Executive
ensure the maintenance of STP Plant, Engineer, Housing
Ayappakkam. Board, Ayappakkam
Scheme.
2 Construction of sump in Moontru nagar Commissioner, 1 month
and Ganapathy nagar area in Avadi City
Thirumullaivoyal Village and dispose of Municipal
the sewage periodically. Corporation
3 Surveying of lake area and demarcating Thasildar, Avadi 1 week
the boundary and assessment of
encroachments
4 Providing drainage facilities for the Commissioner, 6 months
residents of Moontru Nagar and Avadi City
Ganapathy Nagar area in Municipal
Thirumullaivoyal Village Corporation
Long Term Action Plan
1 Construction of underground sewage Commissioner, 2 Years
system for Moontru nagar and Avadi City
11
Ganapathy nagar area in Municipal
Thirumullaivoyal Village. Corporation
2 Eviction of encroachments in the Executive Engineer, 1 Year
Ambattur Lake PWD/WRD,
Thiruvallur
3 Restoration of lake by providing Executive Engineer, 2 Years
protection arrangements in the foreshore PWD/WRD,
area, construction of cut and cover Thiruvallur
surplus course of Arafath Lake upto
Ambattur lake and reconstruction of
water in Arafath Lake.
17. Thereafter, this Tribunal had passed the following order:
"4. The report was seen signed during August 2020, though it was filed before this Tribunal only on January 2021. Even as per the report, certain short term measures will have to be completed within 3 months, 1 month, 1 week and 6 months respectively. Though almost 4 months have lapsed, after preparation of the report, it is not known as to whether the short term measures that has been suggested by them have been complied with by the concerned authorities who are expected to take action as per the recommendations.
5. Even as regards the long term action plan, they have not come with the concrete proposal as to how they are going to implement the same and what are all the steps taken by them for this purpose.
6. Though it was mentioned in the report that water samples were taken during the last visit, but they have not mentioned anything about the result of the analysis so as to ascertain as to whether any contamination exist or not and if there is any contamination, what are all the remedial measures to be taken to resolve the issue.
7. The learned counsel appearing for the applicant wanted some time for filing objection to the report as well. So we feel that it is better to get a status report from the authorities who are expected to implement the recommendations to come with a proper status report including the proposed action plan that they are going to take for implementing the recommendations with shorter time line than the time line provided in the recommendation and if the temporary measures are not efficacious and efficient, then they will have to go for the long term measures to be completed within a shorter time line.
8. The learned counsel appearing for the local bodies submitted that if some time is granted, they will come with status report and action plan for implementation of the recommendations as directed by this Tribunal.
9. The District Collector as well as the Executive Engineer of Public Works Department are also directed to file their independent report regarding the steps taken from their side for surveying the land and action for eviction of encroachment before the next hearing date.
10. The committee is also directed to submit the water analysis report to find out as to whether there is any contamination of water and if so, what are all the remedial measures to be taken to rectify the same as well. So under such circumstances, we feel that some more time can be granted to the committee as well as to the individual respondents to file further report and status report as directed.
11. The Pollution Control Board is also directed to submit an independent report as to whether they have taken any independent action for non-
compliance of the Solid Waste Management Rules, 2016 in their respective area which is supposed to be the cause for pollution of the lake and also complying with the directions of the Principal Bench in O.A. No.606 of 2018 by the local bodies and if not, what is the action taken by them regarding this aspect. They are also directed to file an independent report before the next hearing date including the report of the analysis of the water sample already taken.
12. The committee as well as the official respondents are directed to file their independent response and status report as directed apart from the committee 12 filing the report on or before 25.02.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
18. The matter was taken up on 25.06.20201 and on that day, report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 05.03.2021, e-filed on 09.03.2021 and extracted in Para (4) of the order which reads as follows:-
REPORT FILED ON BEHALF OF THE RESPONDENT TAMIL NADU POLLUTION CONTROL BOARD.
. It is submitted that in order to comply the said order, the Joint Committee has conducted an inspection on 28.08.2020 in the area of Ambattur Lake in question and submitted the report as follows:
The Ambattur lake is situated in S.F. No.582/2A of Ambattur Village in Ambattur Taluk of Thiruvallur District. Ambattur lake has two surplus weir and a free catchment area of 1.13 Sq.Km. as per memoir. As per memoir, the water spread area is 156.55.0 Ha and maximum discharge is 1180 Cusecs and the capacity of the tank is 232 mcft.
During the inspection the following observations were made by the Joint Committee during the site visit:
i. The surplus water from the weir of the Ambattur lake leads to Korattur Lake. Also the lake has a bund length of 300 m around the lake. It is located near the tail end of the Kosasthalaiyar River and also is located at the end of Kosasthalaiyar Basin.
ii. The committee observed that no irrigation activities are being carried out due to urbanisation.
iii. The committee observed that sewage/sullage water are being let into the Ambattur lake near plot No.4861, 7904, 8067 and 12th main road of Housing Board, Ayapakkam form the existing drainage constructed by the Housing Board, Ayapakkam.
iv. TNHB common STP provided for the treatment of sewage generated form Ayyappakkam TNHB was in operation.
v. It is also observed that sewage/sullage water are being let into the Ambattur lake directly through earthen drain in the areas of Moontrunagar and Ganapathy Nagar in Thirumullaivoyal village. vi. The public works department stated that nearly 1200 houses were evicted in the year 2008 in the eastern side of the lake and 150 houses were evicted in the year 2018 in the southern the lake i.e., in Ayappakkam road.
vii. The committee observed that there are some temporary thatched houses are existing in the foreshore area of the lake in Moontrunagar and Ganapathy Nagar.
viii. Water sample from Ambattur lake to ascertain the water quality was collected by the committee and sent to the TNPCB lab for analysis. Also, the committee observed that there was no discharge of Industrial Effluent into Ambattur Lake.
ix. The Committee instructed the corporation to check if any other sewage inlets being let into the lake.
x. The committee instructed the Revenue Department to list out the encroachment details in the foreshore area of lake. The encroachments in the form of thatched roofs, titled roofs, and shed in the foreshore of the lake in Moontru Nagar and Ganapathy Nagar area in Thirumullaivoyal Village.
xi. The committee instructed the Revenue Department to take necessary steps to issue the form I & II notices to the encroachments.
Xii. The Tahsildhar, Avadi is hereby instructed to survey the field and demarcated the boundaries of the lake and ensure the above encroachments as on now.13
4. It is further submitted that the Hon'ble NGT in its order dated 27.01.2021 in O.A. No. 61 Of 2020 (SZ) with O.A. No. 54 of 2020 (SZ) has observed that:
"..... 11. The Pollution Control Board is also directed to submit an independent report as to whether they have taken any independent for non- compliance of the Solid Waste Management Rules, 2016 in their respective area which is supposed to be the cause for pollution of the lake and also complying with the directions of the Principal Bench in O.A. No.606 of 2018 by the local bodies and if not, what is the action taken by them regarding this aspect. They are also directed to file an independent report before the next hearing date including the report of the analysis of the water sample already taken.
12. The committee as well as the official respondents are directed to file their independent response and status report as directed apart from the committee filing the report on or before 25.02.202".
5. In pursuance to the said order of the Hon'ble Tribunal action taken by the TNPCB is as follows:
i. The Ambattur Lake area was inspected by the DEE, Tiruvallur inspected on 06.02.2021 along with BDO, VillivakkamPanchayat Union and Municipal Engineer, Avadi City Municipal Corporation. During inspection the following were observed:
Status of Compliance regarding discharge of Sewage/Sullage into the Ambattur Lake pertaining to the jurisdiction of O/o DEE, Thiruvallur:
Status on compliance of Short Term Plan as recommended by the Joint Committee pertaining to the local bodies (BDO Villivakkam& Executive Engineer, Housing Board, Ayapakkam Scheme and Commissioner, Avadi City Municipal Corporation S. No. as Description of Department Present Status per the Work Joint Committee Report
1. Plugging the Block The illegal sewage inlets near illegal sewage Development plot No.4861, 7904, 8067 and inlets near plot Officer, 12th Main Road of Housing No.4861, 7904, Villivakkam& Board, Ayappakkam were 8067 and 12th Executive plugged and presently there is Main Road of Engineer, no sewage inlet into the Housing Board, Housing Board, Ambattur Lake.
Ayappakkam Ayappakkam Further, during inspection it and ensure the Scheme. will noticed that the STP maintenance of provided for the treatment of STP Plant, sewage generated from the Ayappakkam. TNHB Housing Board, Ayappakkam was in operation.
2. Construction of Commissioner, It was noticed that the sewage/ sump in Avadi City sullage water are being let into Moontrunagara Municipal the Ambattur Lake directly nd Ganapathy Corporation through earthen drain in the Nagar area in areas of Moontru Nagar and Thirumullaivoya Ganapathy Nagar in l village and Thirumullaivoyal village. The dispose of the Avadi City Municipal sewage Corporation has not provided periodically. any sump for the collection of sewage in Moontru Nagar and Ganapathy Nagar area in Thirumullaivoyal Village.
Earlier, TNPCB has issued
direction vide Proceeding No.
TNPCB/Ambattur
Estate/2019-2 dated
14
04.12.2019 to comply the
following:
Avadi Corporation shall make
necessary provision in Periyar
Nagar, Sathya Nagar and
Anna Nagar to pump the
sewage into STP plant so as to
stop the discharge of sewage
into Ambattur Lake.
2. Avadi Corporation shall
ensure that no discharge of
residential sewage into
Ambattur Lake.
4. Providing Commissioner, The Avadi City Municipal
drainage Avadi City Corporation has not provided
facilities for the Municipal drainage facilities for the
residents of Corporation residents of Moontru Nagar
Moontru Nagar and Ganapathy Nagar area in
and Ganapathy Thirumullaivoyal Village.
Nagar area in
Thirumullaivoya
lVillag.
Status on compliance of long term plan as recommended by the Joint Committee pertaining to the commissioner, Avadi City Municipal Corporation:
1. Construction of Commissioner, The Avadi City Municipal underground Avadi City Corporation has not provided sewage system Municipal underground sewerage system for Corporation. for Moontru Nagar and Moontrunagar Ganapathy Nagar area in and Ganapathy Thirumullaivoyal Village.
Nagar area in It was noticed that the
Thirumullaivoya sewage/sullage is being let into
l Village. the Ambattur lake directly
through earthen drain from the
said area.
Earlier directions were issued vide Proceeding
No. TNPCB/Ambattur Estate/2019/2 dated 04.12.2019 to the Commissioner, Avadi City Municipal Corporation under Section 5 of the Environmental (Protection) Act, 1986 as amended for compliance of Solid Waste Management Rules, 2016 to take necessary action to stop the dumping of solid waste in water bodies and the wastes already dumped at the various places in Periyar Nagar, Sathya Nagar amd Anna Nagar shall be removed immediately. The copy of the Proceeding is submitted herewith, as Annexure - I. Inspite of the above, the Avadi Corporation has not furnished reply to the directions issued.
Further, the following directions were also issued under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 as amended in 1988:
i. Avadi Corporation shall make necessary provision in Periyar Nagar, Sathya Nagar and Anna Nagar to pump the sewage into STP plant so as to stop the discharge of sewage into Ambattur Lake.
ii. Avadi Corporation shall ensure that no discharge of residential sewage into Ambattur Lake.
6. It is respectfully submitted that as per Hon'ble NGT (SZ) order dated 02.07.2020 in O.A. No. 606 of 2018 the Board has issued directions under Section 5 of Environment (Protection) Act, 1986 to the Commissioner, Avadi City Municipal Corporation to remit the interim Environmental compensation of Rs. 8 Lakhs vide Proceeding No. T1/TNPCB/F.32363/SWM/NGT 606 of 2018/2020-2 dated 27.11.2020 for the non compliance of Solid Waste Management Rules, 2016 such as not carrying out 100% segregation of waste at all wards. The copy of the Board's proceeding dated 27.11.2020 is submitted herewith as Annexure - II. The Avadi Corporation has not furnished reply/action taken to comply with the directions issued.15
7. It is respectfully submitted that the Commissioner, Avadi City Municipal Corporation vide e-mail dated 15.02.2021 has reported the following on the issues related to discharge of sewage from Moontru Nagar area (Periyar Nagar, Sathya Nagar and Anna Nagar). "The detailed project report for the UGSS left out area survey work has been done by Tamil Nadu Water Investment Company Limited. As of now the survey work and preliminary detailed project report for all works completed and land identification of pumping station and sewage treatment plant is in progress. After completion of land identification for all the detailed project report with cost will be prepared by the Tamil Nadu Water Investment Company Limited for the further approval, the entire project period will be planned on or before 2025".
8. It is respectfully submitted that Water samples were collected from the Ambattur lake on 28.08.2020 during the joint committee inspection to assess the water quality. The Analysis report are enclosed as Annexure- III & IV.The analysis results of the water samples collected by the committee for the parameters such as pH, TSS, BOD, COD, Total Nitrogen, Ammonical Nitrogen & Fecal Coli form indicate that the lake pollution is due to mixing of untreated sewage/sullage from the nearby residential areas.
19. On that day this Tribunal impleaded the Director of Municipal Administration, Chennai as additional 10th respondent in O.A. No. 54 of 2020 (SZ) and passed the following order:-
5. They also annexed the proceedings initiated by them against the Avadi City Municipal Corporation and also the water analysis report.
6. It is mentioned in the report that there are certain steps taken by the Avadi City Municipal Corporation to resolve the issue and the entire project will be completed on or before 2025.
7. It may be mentioned here that 2025 is a longer period and till then, they cannot be allowed to discharge the sullage and sewage water into the lake, as the water analysis report shows that it is contaminated with sullage and sewage.
8. Though in the earlier report of the Joint Committee, it was stated that the untreated effluents are not coming from the industries, they have not tested the sediment soil from the lake and also the inlet and outlet of the estates to ascertain as to whether there is any possibility of discharge of effluents in other modes so as to reach the water body.
9. They had also not mentioned about the effluent standard of inlet and outlet of the treatment plants, if any, maintained by the industrial units and how the treated water is being used by them, if they are following the Zero Liquid Discharge System.
10. The Avadi City Municipal Corporation also did not come with any detailed report to this Tribunal regarding the nature of steps taken by them to resolve the issue.
11. The committee has also not filed their further report as directed by this Tribunal, as certain short term measures were provided and the time provided for that purpose has already expired.
12. The Tamil Nadu Pollution Control Board was directed to verify these aspects while filing their independent statement before this Tribunal being the regulator.
13. According to the learned counsel appearing for the applicant in O.A. No. 61/2020, apart from discharging the untreated sullage and sewage, they are dumping the solid waste also into the lake.
14. So, we direct the Joint Committee, Tamil Nadu Pollution Control Board and the Avadi City Municipal Corporation to file a further report, further action taken and further status report respectively 16 regarding the steps taken by them to remedy the situation permanently. This is a general scenario as far as water bodies are concerned. Where the complaints of dumping of garbage and discharge of untreated effluents including sullage and sewage is being made, several such cases have been considered by this Tribunal either on the basis of the newspaper report or on the basis of the applications filed by the parties concerned. In all those cases, local bodies are coming with a defence that they are in the process of providing Underground Sewage System, for which, DPRs have been prepared and awaiting either for sanction or financial crisis.
15. So under such circumstances, we feel that it is necessary to form a committee of higher officials under the chairmanship of Additional Chief Secretary for Municipal Administration. The Principal Secretary for Environment, Revenue & Public Works Department can be the other members to look into the issues and take necessary steps to co-ordinate with the necessary stakeholders and arrange for funds to resolve the issue within a reasonable time frame, otherwise, the polluted water, which is being used for drinking and other purposes will affect the health of the people.
16. The Joint Committee constituted earlier is also directed to ascertain the allegations made by the counsel appearing for the applicant in O.A. No.61/2020 that the solid waste is also being dumped in the water body and if such violation is found, they are directed to take appropriate action against the persons who are responsible for the same and submit an action taken report in this regard before this Tribunal.
17. For the purpose of implementing the directions more effectively, we feel it appropriate to implead the Director of Municipal Administration, Chennai as additional respondent in O.A. No.54/2020. So, the Director of Municipal Administration, Chennai is impleaded as additional 10th respondent in O.A. No.54/2020 and the office is directed to carry out the amendment in the cause title.
18. The learned counsel Mr. Arun on behalf of Mr. C. Harsharaj took notice for the additional 10th respondent as well.
19. The Committee of higher officials as well as the other official respondents mentioned above are directed to file their respective reports to this Tribunal on or before 05.08.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules."
20. Thereafter, the matter was adjourned from time to time either by notifications or at the request of the parties.
21. As per order dated 21.09.2021, this Tribunal dismissed the application as I.A. No. 112 of 2021 (SZ) filed in O.A. No. 54 of 2020 (SZ) on the ground that there is no necessity to implead any party as this Tribunal is considering the issue in the Suo-Motu case as well as an independent application has been filed by the 3rd party.
22. It was also mentioned in the order regarding the submissions made by counsel appearing for the Tamil Nadu Pollution Control Board that the high level committee had been constituted for the purpose 17 of preparing detailed action plan and to resolve the issue permanently and wanted some time to file the report .
23. The counsel appearing for Chennai Metropolitan Water Supply and Sewerage Board submitted that as regards Ambattur Lake they had already filed a report in another case and Iyyapakkam village is not coming within their jurisdiction and they are only covering the area of Ambatttur and Avadi. So we directed the Chennai Metropolitan Water Supply and Sewerage Board to file a detailed report.
Thereafter, the matter has been again adjourned from time to time.
24. Later, the matter was taken up on 01.12.2021 and on that day, this Tribunal had considered the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 22.10.2021, e-filed on 28.10.2021 in O.A. No. 62 of 2020 and extracted in Para (3) of the order which reads as follows:-
1 XXXXX 2 XXXXX 18 19 20 21 22 23 24 25 26 27
25. Thereafter, this Tribunal had passed the following order:-
"4. It is seen from the report that there are certain violations committed by the Avadi City Municipal Corporation and also by the Tamil Nadu Housing Board, Ayapakkam first of them is dumping of solid waste and the latter are discharging untreated sewage into the lake which is causing pollution to the lake.
5. It is also mentioned in the report that non-compliance of the Solid Waste Management Rules 2016 by Villivakkam Panchayat Union, some directions were issued under Section 5 of the Environment (Protection) Act, 1986 to the Block Development Officer, Villivakkam Panchayat Union. It is understood that Villivakkam Panchayat Union area has been added to the Greater Chennai Corporation (GCC) recently.
6. The Grater Chennai Corporation (GCC) is directed to ascertain as to whether the area in dispute is falling within their jurisdiction or within the jurisdiction of Block Development Officer, Villivakkam Panchayat Union. If it is falling within the jurisdiction of the Greater Chennai Corporation (GCC), what is the nature of action taken by them to prevent such illegalities being committed in that area, on going through the report submitted by the Tamil Nadu Pollution Control Board (TNPCB).
7. The Avadi City Municipal Corporation is also directed to file an independent report, regarding the further progress of the work done by them and also regarding the action taken for preventing dumping of waste in the Ambattur Lake, if no effective steps are taken, then this Tribunal will be compelled to restrain them from dumping waste in the lake.
8. The District Collector is also directed to submit an independent report regarding the action taken to prevent dumping of waste in Ambattur Lake by certain local bodies in the area.
9. It is time and again reiterated by the Hon'ble High Court as well as this Tribunal no part of the water body should be used for dumping of waste or for 28 discharging untreated sewage, so as to reduce the extent of the water body as well as causing pollution to the same.
10. The District Collector is also having some responsibility in implementing Solid Waste Management Rules, 2016 in the respective areas. As per rule 12 of the said rules, if the local bodies are finding it difficult for identifying the areas for the purpose, it is for the Revenue Department to look into the issue and identify suitable place and provide them for that purpose.
11. The Joint Committee appointed by this Tribunal is also directed to inspect the area again and find out as to whether the recommendations given by them are implemented by the respective official respondents and its progress if any and is there any improvement in the water quality etc., and they are also directed to submit the report before the next hearing date.
12. The respondents are directed to file their independent report regarding this aspect. The Tamil Nadu Pollution Control Board (TNCPB) is also directed to file an independent action taken report against the Avadi City Municipal Corporation as well as the Tamil Nadu Housing Board, Ayapakkam for the alleged illegalities committed by them and submit a report to this Tribunal on or before reports to this Tribunal on or before 22.12.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules."
26. The matter was again taken up on 07.02.2022 and on that day, this Tribunal had considered the report submitted by the Greater Chennai Corporation in O.A. No. 54 of 2020 (SZ) dated 20.12.2021, e-filed on 21.12.2021 and extracted in Para (3) of the order which reads as follows:-
STATUS REPORT BY GREATER CHENNAI CORPORATION IN O.A. No. 54 OF 2020 1XXX 2XXX I respectfully submit that in the year 2011, 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 as per G.O.Ms. No. 97 by Municipal Administration and Water Supply Department dated 19.07.2011 but Villivakkam Panchayat in Thiruvallur District does not come under the jurisdiction of the Greater Chennai Corporation.
27. In the report they have mentioned that though Greater Chennai Corporation was expanded they have added more neighbouring areas vide G.O.Ms. No. 97 of Municipal Administration and Water Supply Department dated 19.07.2011 but Villivakkam Panchayat in Thiruvallur District did not come under within their jurisdiction. They had further mentioned that Villivakkam Panchyat Union which was also abutting the Ambattur Lake and the MGR Puram which are part of the Greater Chennai Corporation. This Tribunal Suo-Motu impleaded the District Collector - Thiruvallur District 29 and the Block Development Officer - Villivakkam Panchayat Union as additional respondents no. 11 and 12 respectively and they were also directed to file independent reports regarding the implementation of Solid Waste Management Rules, 2016 and the directions issued by the Principal Bench of National Green Tribunal in on O.A. No. 606 of 2018 within their jurisdiction.
28. The matter was taken up on 17.02.2022 and on that day, this Tribunal had considered another newspaper report published in "The Times of India, Times City" Chennai Edition dated 03.12.2021, under the caption "City Stinks as garbage remains piled up for days" and also another newspaper report published in "The Times of India, Times City", Chennai Edition dated 23.12.2021, under the caption "Corporation Park turns dump yard in Mogappair" and another newspaper report published in the same newspaper 23.12.2021, under the caption "GCC to set monthly target for officials to fine those littering". It was seen from these newspaper reports that large scale dumping of waste has seen on the road side including construction of debris and it was a recurring affair and no steps were taken by the authorities to remedy the situation. So this Tribunal advanced the case from 17.03.2022 and 17.02.2022 directed the Tamil Nadu Pollution Control Board and the Greater Chennai Corporation to file their independent report regarding the allegations made in the newspaper report and action taken in this regard.
29. This Tribunal also mentioned about the directions issued for installation of CCTV Cameras by Grater Chennai Corporation at Hot spots where such things are recurring to identify the culprits and to take action against them, so as to avoid such things from recurring and posted the case to 17.03.2022 for getting the reports.
30. Thereafter, the matter was taken up on 26.05.2022 and on that day, this Tribunal had considered the report submitted by the Greater Chennai Corporation signed by the officer on 13.04.2022, e-filed on 24.04.2022 and extracted in Para (2) of the order which reads as follows:-
30Status Report By Greater Chennai Corporation
31. In O.A. No. 54, 61 of 2020
2. I respectfully submit that with reference to the above order, it is to be stated that action has been initiated for fixation of CCTV cameras in and around the feasible area of Ambattur lake that comes under the jurisdiction of Zone - VII, Ambattur for which M/s. ELCOT has been approached to fix the CCTV cameras through the IT Cell. I further submit that the Greater Chennai Corporation is taking all necessary steps to avoid dumping of waste in the said vicinity as per the direction of the Hon'ble National Green Tribunal.
3. I respectfully submit that a letter has been sent to the General Manager, M/s. ELCOT vide no. I.T.C.No.C2/595/2022 dated 13.04.2022 for the fixation and installation of CCTV cameras for monitoring the Ambattur Lake for dumping of waste has been attached along.
32. This Tribunal also considered the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 17.05.2022, e-filed on 18.05.2022 and extracted in Para (3) of the order which reads as follows:-
1 to 4 XXXXXX 31
33. Thereafter, this Tribunal had passed the following order:-
4. It is seen from the report submitted by the Tamil Nadu Pollution Control Board that there is no much improvement in preventing discharge of untreated sewage into the Ambattur Lake from the local bodies including the Avadi City Municipal Corporation and they are trying to evolve an action plan for the purpose of meeting the situation.
5. The report of the Greater Chennai Corporation shows that they have taken steps to install CCTV Cameras to check the misuse by the miscreants of dumping waste and discharging untreated sewage etc.,
6. The Avadi City Municipal Corporation has not filed any action plan. However considering the fact that the new elected representatives of local body have taken charge after the urban local body election, we feel that some time can be granted to them to file their action plan, if any action plan is filed by the Avadi City Municipal Corporation or any other local body in this area and to remove the issue in this case , then the Director - Municipal Administration and the Additional Chief Secretary to Government, Municipal Administration and Water Supply Department are directed to look into the same and to provide necessary administrative as well as financial sanction for implementing the same without delay.
7. The Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) is also directed to file their updated report.
8. After completion of the temporary measures suggested by the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) to prevent discharge of untreated sewage into the water body, the Tamil Nadu Pollution Control Board is directed to verify the water quality and its efficiency to prevent the compliant of discharge of untreated sewage into the water body and if any, further steps will have to be taken, then they are at liberty to suggest the further remedial measures in this regard and submit an updated status report to this Tribunal before the next hearing date.
9. The above officials are directed to file the respective reports to this Tribunal on or before 12.07.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
10. The Registry is directed to communicate this order to the official respondents, namely, the Commissioner - Avadi City Municipal Corporation, Commissioner, Greater Chennai Corporation, District Collector, Tiruvallur District, Chairman, Tamil Nadu Pollution Control Board, Commissioner of Municipal Administration, Principal Secretary for Revenue, Additional Chief Secretary to Government for Environmental, Forests & Climate Change, Additional Chief Secretary to Government for Municipal Administration and Water Supply Department and also to the Chief Secretary to Government, State of Tamil Nadu for their information and compliance of the direction."
34. The matter was taken up on 19.07.2022 wherein this Tribunal had passed the following order:-
" 3. The Chennai Metropolitan Water Supply and Sewerage Board had filed the report dated 11.07.2022, e-filed on the same date, wherein they have mentioned that short term measures have been taken. As regards, Nehru Nagar- SPS in Depot 81 it was mentioned that DPR has been prepared and the administrative sanction obtained and tender will be called for shortly.
4. As regards, Nehru Nagar/Ward 81 house service connection are being provided under Illamthorum Innaipu Scheme, out of total -745 numbers, 499 connections have been given and remaining 247 numbers will have to be provided. Regarding the discharge of untreated sullage/sewage water into the road and the open drain, they had proposed to construct a small dug provision across the open drain near the lake and all the unauthorised letting out of sewage as well as sullage water will be diverted to the nearest machine hole for collecting to sewage pumping station and that work will be commenced shortly and inthe remarks columns it was mentioned that the work was completed on 28.05.2022.
5. As regards, near Nehru Nagar Sewage Pumping Station at Western side, 32 they have only administrative sanction for DPR and the tender will be floated shortly. They have not mentioned anything about the time line for completion of the process for remaining areas and whether the temporary measures taken to divert the sullage/sewage water will solve the problem till the Under Ground Sewage Scheme is completed, so as to avoid untreated sewage being let in to the Ambattur Lake.
6. It is also mentioned that they had also taken steps to plug the unauthorised connections into the storm water drain and trying to divert to the diversion drain, so that sullage/as sewage can be avoided to be mixed with the storm water drain that ultimately reaches the Ambattur Lake.
7. Quite unfortunately, Avadi City Municipal Corporation has not filed any progress report so far regarding the completion of the short term measures and also progress of the work for implementation of the long term measures. This is not the only case where such issues were being raised.
8. Further as regards the Ambattur Lake is concerned, surplus water from there will be drained to the other tanks, namely, Korattur, Madhavaram and other neighbouring lakes. Unless steps are taken to completely avoid discharge of untreated sewage/sullage in all these tanks whatever piece meal steps taken by them in different areas alone will not be helpful in resolving the issue permanently.
9. It is the area where intervention of the higher level officials is required for the purpose of monitoring the implementation of the directions given by this Tribunal and if there is any lacunae or latches found, to instruct the concerned department to expedite the scheme that has been launched by them in an effective manner and if there is any technical or financial support is required to provide from their side.
10. In some of the cases, we will have to dispose of the cases even without obtaining Joint Committee report regarding the removal of encroachment etc., as the reports are not forthcoming from the District Collector and other regulators who are expected to protect the water bodies, namely, Water Resources Department and the local bodies by taking action against the encroachers and to prevent pollution being caused to the water bodies. We are disposing the matters with the hope that the regulators will take pro active steps in implementing the directions given in similar matters to resolve the issue permanently as most of the cases are inter- connected with each other. Even in Principal Bench of National Green Tribunal, in O.A. No. 606 of 2018, trying to close the matter in respect of certain State by accepting the undertakings given by the Chief Secretary to State Government, that they will effectively implement the directions issued by the Tribunal and the steps will be taken to see that the Solid Waste Management, Liquid Waste Management are strictly implemented in their States.
11. It is not possible for the Tribunal to monitor the regulatory function of the regulators perpetually as well. It is for them to take pro active steps to discharge their constitutional as well as statutory obligation which they are vested with under various statutes, so as to protect environment.
12. The Additional Chief Secretary for Municipal Administration and Water Supply Department and Directorate of Municipal Administration are directed to look into the issue and to conduct the review meeting and to file the report to this Tribunal before the next hearing date, namely, 27.07.2022.
13. The Tamil Nadu Pollution Control Board, Commissioner - Avadi City Municipal Corporation and Chennai Metropolitan Water Supply and Sewerage Board are directed to file their respective progress cum action taken report to resolve the issue permanently on or before 25.07.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules and posted the case for consideration of report on 27.07.2022."
35. The case was posted to 27.07.2022 for consideration of further reports and also for hearing. On 27.07.2022, this Tribunal had considered the report submitted by the Tamil Nadu Pollution 33 Control Board signed by the officer on 26.07.2022, e-filed on 27.07.2022 which reads as follows:-
1 XXX 2XXX 3XXX 34 35 36
36. They have also annexed Joint Committee report recommendations and the status of the implementation as Annexure which reads as follows:-37 38 39 40 41 42 43 44
37. After the case was taken up for Judgment, the 9th respondent/Commissioner, Avadi City Municipal Corporation filed an action taken report dated 27.07.2022, e-filed on 28.07.2022 which reads as follows:-45 46
38. Heard the counsel appearing for the respondents.
39. The standing counsel appearing for the State Department submitted that they are taking all earnest attempt to implement the directions issued in various matters relating to such issues and they will abide by any directions issued 47 by this Tribunal.
40. The counsel appearing for the Tamil Nadu Pollution Control Board submitted that there are certain non-compliances by the local bodies and notices have been issued to them as directed by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and they will abide by further conditions imposed by this Tribunal.
41. The counsel appearing for Chennai Metropolitan Water Supply and Sewerage Board submitted that they are taking all steps to implement the Solid Waste Management/Liquid Waste Management rules and by providing Underground Sewerage Scheme and also sewage treatment plant within their area and they will take all earnest attempts to avoid discharge of untreated sewage into the water bodies.
42. The counsel appearing for Avadi City Municipal Corporation submitted that they have also taken all steps for implementation of Solid Waste Management/Liquid Waste Management by providing Underground Sewerage Scheme and also for providing Sewerage Treatment Plant to treat the sewage generated and work is in progress. Ultimately the entire work will be completed by 2025 and steps are being taken to avoid discharge of untreated sewage water into the storm water drain which ultimately reaches the water body and they will abide by any directions issued by this Tribunal, as they are committed to protect environment.
43. Considered the pleadings and various reports.
44. The grievance in the newspaper report was that on account of non-implementation of Solid Waste Management/Liquid Waste Management and encroachments into the water body and the pollution is being caused to the Ambattur Lake. It is also mentioned in the newspaper report that there are encroachments which will have to be removed.
45. Since this Tribunal felt that there is no necessity to keep the case any longer as in similar matters, the cases have been disposed of by giving directions to the authorities and the same methodology can be adopted in these cases as well.48
46. Further, the Special Bench in O.A. No. 37 of 2012 (SZ) S.P. Surendranath Karthik Vs. Chairman, Pallavaram Municipality and others who is the applicant in O.A. No. 61 of 2020 (SZ) in respect of allegation of illegal dumping of garbage and discharge of untreated sewage in Pallavaram Periya Eri by order dated 27.07.2022 disposed of the matter by giving directions to the regulators to take appropriate steps after reiterating several cases pending in this regard before this Bench by giving directions to the Chief Secretary to Government monitor the same by appointing a committee of higher level officials and take steps to implement the directions issued by this Tribunal in several cases of this nature. The same view has taken by the Special Bench in Zion Nagar Plot Owners Welfare Association Vs. Tamil Nadu State Pollution Control Board and others connected matters in O.A. No. 90 of 2015 and O.A. No. 104 of 2016 disposed of the matters by common order dated 27.04.2022 by issuing similar directions to protect Nandhivaram Lake in Guduvancherry, Chengalpattu District against pollution and also in O.A. No. 208 of 2017 John Weslay and Ors. Vs. SEIAA, Chennai, Rep by its Director and Member Secretary and Ors by order dated 13.05.2022 disposed of the matter by directing the authorities to take appropriate action under the various Waste Management Rules and the environmental laws and directed the District Magistrate and the Chief Secretary to Government looked into these issues and take appropriate steps.
47. It is time and again reiterated by the Hon‟ble Apex Court, by various High Courts including Hon‟ble High Court of Madras, Principal Bench of National Green Tribunal and this Tribunal regarding the responsibility of the State to protect the water bodies against encroachment and causing pollution as mandated under Article 48(A) of the Constitution of India. Further this Tribunal also reiterated that right to get clean environment which includes Right to get clean air and water which is part of „Right to Life‟ which is a fundamental right as enshrined under Article 21 of the Constitution of India and it is for the State Government through its machineries to provide a same as the primary responsibility for protecting the interest of the public. In one of the decisions, the Hon‟ble Apex 49 Court observed that merely became a water body has become disused on account of latches on the part of the authorities in not maintaining the same it will not lose its character as water body and still there is a responsibility of the State machinery including the local bodies to protect the water body by restoring and rejuvenating the same and it cannot be used for any other purposes.
48. The Hon‟ble High Court of Madras in several Writ Petitions has filed as Public interest Litigation to restore the water bodies and issued series of directions to the authorities to take appropriate action to remove the encroachment and protect the water bodies against encroachments and even gone to the extent that encroachers should provided with the resettlement and that should not be a reason for delay in removing the encroachment from the water body.
49. It is universally known factor that water bodies play a great role in protecting environment not only providing water for drinking or irrigation purposes, but act as water storing reservoir, natural rain water harvesting system and help the recharge of ground water level in those areas apart from acting as a flood mitigation mechanism by collecting huge quantity of water generated during rainy season to avoid flood and inundation of areas in that particular locality. It is reiterated by the Tribunal in several cases that it is not possible for the Tribunal to monitor the implementation of the statutory rules and the monitor the discharge of statutory functions by the authorities/regulators perpetually and it is for them to take appropriate proactive steps to protect environment and if there is any latches on the part of the lower level officials in implementing the statutory provisions and implementing the environmental laws in protecting environment then it is for the Secretary level officials to monitor the same and provide necessary support for the lower level officials to implement the same in an effective manner.
50. Further, in respect of Ambattur Lake, this Tribunal already disposed of the matter and giving certain directions in O.A. No. 153 of 2020 (SZ) and in respect of Perumbakkam Lake in O.A. No. 149 of 2020 50 (SZ) and similar directions were issued in O.A. No. 268 of 2016 (Korattur People's Welfare & Association Trust vs. Government of India and others) by Judgment dated 01.07.2022.
51. So under such circumstances, we feel that the matters can be disposed of by giving necessary following directions:-
(i) The District Collectors of Tiruvallur and Chennai Districts in coordination with the Water Resources Department and the local bodies, namely, Greater Chennai Corporation, Commissioner-Avadi City Municipal Corporation, Block Development Officer, Villivakkam Panchayat Union to conduct a survey of the area, covering the lake and if there is any encroachments found, then they are directed to take steps to remove the encroachment and restore the water bodies to its original position and take steps to protect the water bodies by providing bio-fencing, green cover and other scientific methods including establishment of biodiversity parks without affecting the water spread area of the lake as far as possible outside the lake area, so as to protect the water bodies against pollution and encroachment in future. This will be subject to the orders already passed by the Hon‟ble High Court of Madras and further orders to be passed in respect of the same in the pending Public interest litigation before the Hon‟ble High Court of Madras in respect of removal of encroachment and restoration and rejuvenation of the water bodies.
(ii) The Greater Chennai Corporation, Chennai Metropolitan Water Supply and Sewerage Board, Commissioner- Avadi City Municipal Corporation and the Block Development Officer, 51 Villivakkam Panchayat Union are directed to take steps to implement the Underground Sewerage Scheme within their respective area of jurisdiction as early as possible and also provide necessary STPs to treat this sewage generated in those areas before it is being discharged into the water body.
(iii) The above officials are directed to take steps to check the untreated sewage being let into the storm water drains which ultimately reach the water bodies and take appropriate action against those persons for their illegal activity including initiation of prosecution imposing penalties apart from recovering environmental compensation in accordance with law.
(iv) If the long term measures of providing Underground Sewerage Scheme and establishment of STPs takes time, then the concerned local bodies, namely, Commissioner, Greater Chennai Corporation, Commissioner- Avadi City Municipal Corporation and Block Development Officer, Villivakkam Panchayat Union and Chennai Metropolitan Water Supply and Sewerage Board are directed to work out a short term measures in consultation with the Tamil Nadu Pollution Control Board to divert the sewage generated to Sewage Treatment Plant before the same is discharged into the water body without treatment, so as to prevent discharge of untreated sewage into the water body till the permanent measures are accomplished completely.
(v) The Additional Chief Secretary for Municipal Administration and Water Supply Department is directed to file a periodical report regarding implementation of the schemes, till it is completed once in three (3) months. The Tamil Nadu 52 Pollution Control Board is directed to monitor the implementation of Solid waste Management Rules, 2016/Liquid Waste Management and Other Waste Management Rules within these areas and if there is any violations found, then they are directed to take appropriate action against those institutions/local bodies/persons including imposition of environmental compensation apart from initiating prosecution and taking other coercive steps as provided under the respective statutes.
(vi) The Tamil Nadu Pollution Control Board is also directed to implement the directions issued by this Tribunal in several cases dealing with waste management and the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 by the local bodies and if there is any violation in implementation of the directions, then they are directed to take appropriate action against those violators strictly in accordance with law including recovery of compensation and other coercive steps provided under the respective statutes under the environmental laws.
(vii) 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 for the purpose of monitoring the implementation of the Waste Management Rules and protection of water bodies 53 against encroachment causing pollution and implementation of the directions issued by this Tribunal in various cases related to the encroachment and implementation of the Waste Management Rules, including the directions given in O.A. No. 268 of 2016 (Korattur People's Welfare & Association Trust Vs. Government of India and others) by Judgment dated 01.07.2022 and also by the Special Bench dealing with these issues and if there are any proposals pending at the higher level sent by the concerned stakeholder departments, then they are directed to take appropriate steps to expedite those proposals by providing necessary administrative as well as financial sanction, so as to enable them to implement the schemes without delay as no such schemes intended for protection of water body and implementation of environmental laws should be stalled for paucity of funds by respective stakeholder departments.
(viii) The Chief Secretary to Government, State of Tamil Nadu is directed to conduct periodical review meetings with the stakeholder departments as directed by this Bench and also by the Principal Bench and Special Bench in several cases including in O.A. No. 606 of 2018 regarding the implementation of the directions issued in various cases and if there is any gap found, then they are directed to provide necessary guidance to the respective departments so as to implement the schemes and the directions in its letter and spirit, so as to discharge the responsibility of the State in protecting environment as provided under Article 48(A) and Article 21 of the Constitution of India.54
(ix) The Registry is directed to communicate this order to the official respondents including the District Collectors-Chennai and Tiruvallur Districts, Chairman-Tamil Nadu Pollution Control Board, the Commissioner-Greater Chennai Corporation, Managing director-Chennai Metropolitan Water Supply and Sewerage Board, Principal Secretary to Government for Revenue and Disaster Management, Principal Secretary/Commissioner, Greater Chennai Corporation, the Additional Chief Secretary to Government for Water Resources Department, the Additional Chief Secretary to Government for Municipal Administration and Water Supply Department and also to the Chief Secretary to Government, State of Tamil Nadu for their information and compliance of directions.
(x) As and when the report is filed, the Registry is directed to place the same before the Bench for consideration and also for issuing necessary further directions (if any) required in this regard.
20. With the above observations and directions, both the Original Applications are disposed of.
..................................J.M. (Justice K. Ramakrishnan) Sd/-
.................................E.M. (Dr. Satyagopal Korlapati) O.A. No.54/2020 & 61 of 2020 (SZ) 18.08.2022, Sr. 55