National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 13 January, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.9:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.168 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu based on the news item in
Indian Express Newspaper, Chennai edition
Dated: 25.08.2020, "Sewage discharged into
Open SWDs irks Porur residents"
...Applicant(s)
Versus
The Principal Secretary to Government,
Public Works Department,
Govt. Secretariat, Fort St. George,
Chennai and Ors.
...Respondent(s)
Date of hearing: 13.01.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Sri. Dr. V.R. Thirunarayanan for R1 to R4, R6.
Sri. C. Kasirajan through Ms. Meena for R5.
Sri. Ragul Adithya represented
Smt. P.T. Ramadevi for R7.
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ORDER
1. As per order dated 07.09.2020, this Tribunal had Suo Motu registered the case on the basis of the newspaper report published in the Indian Express, Chennai Edition dated, 25.08.2020 under the caption "Sewage discharge into open SWDs irks Porur residents". It is alleged in the newspaper report that the tanker lorries which were used for collecting the sewage water is being discharged into the storm water drain in Porur area and causing hardship to the local people. So in order to ascertain the genuineness of the allegations made in the newspaper and also the steps to be taken, we had constituted a Joint Committee to go into the allegations and submit a report and posted the case to 27.10.2020. On 27.10.2020, at the request of the committee, it was adjourned to 10.11.2020 for consideration of report and on 10.11.2020, it was adjourned to 16.12.2020 and on 16.12.2020, it was adjourned to today by successive notifications.
2. When the matter came up for hearing today through Video Conference, Sri. Dr. V.R. Thirunarayanan represented respondents 1 to 4 & 6, Sri. C. Kasirajan through Ms. Meena represented 5th respondent and Smt. P.T. Ramadevi through Sri. Ragul Adithya represented 7th respondent.
3. We have received the Joint Inspection report filed on behalf of the Greater Chennai Corporation which reads as follows:- [2]
"Joint Inspection Report filed on behalf of the Greater Chennai Corporation I, S. Sasikala, wife of Mr. G. Suresh Babu, Hindu, aged about 43 years, the Joint Director/ Assistant Commissioner, Zone - XI, Greater Chennai Corporation, having office at No. 33, Arcot Road, Valasaravakkam, Chennai - 600 087, do hereby solemnly affirm and sincerely state as follows:-
1. I am the Joint Director / Assistant Commissioner, Zone - XI, Greater Chennai Corporation and as such am well acquainted with the facts of the case from the available records and I am filing this joint inspection report on behalf of the Greater Chennai Corporation as per the order of this Hon'ble Tribunal.
2. I submit that a news article was published in the English Daily "Indian Express" on 25.08.2020 under the caption "Sewage discharged into open SWDs irks Porur residents" stating that the various private tankers which carry raw sewage collected from private apartment complex and houses have been spotted discharged the waste into open SWDs alongside the Porur Link Road.
3. I submit that the Hon'ble National Green Tribunal, Southern Zone has taken a Suo Motu case in O.A. No. 168 of 2020 by appointing the Greater Chennai Corporation as nodal agency and has passed an order dated 07.09.2020 as follows:-
"....10. In order to ascertain the real state of affairs, 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 Revenue Divisional Officer deputed by the District Collector, 2) The Superintending Engineer, Public works Department and Water Resources Organisation who is in charge of that area 3) a Senior Officer deputed by the Chairman, Tamil Nadu State Pollution Control Board and 4) a Senior Officer from Greater Chennai Corporation to be deputed by its Commissioner to inspect the area in question and submit a factual as well as action taken report, if there is any violation found..."
4. I submit that the National Highway's Department constructed the Chennai Bypass which was completed in the year 2020, interconnects four radial Indian National Highways around Chennai, India covering a distance of 32 Km from Perungalathur on NH45 to Madhavaram on NH5 via Maduravoyal.
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5. I submit that the Porur Link Road/Bypass Service Road having a length of 3200 meters which runs from Porur to Maduravoyal is being maintained by the National Highways Department and the National Highways Department had constructed and maintaining the Storm Water Drain starting from the Porur and the drain ends at Coovum River at Maduravoyal. Further around 300 meters comes within the limits of the Greater Chennai Corporation and the balance 2900 meters of the Porur Link Road/Bypass Service Road comes under the limits of Vanagaram Panchayat.
6. I submit that pursuant to the orders of this Hon'ble Tribunal a joint inspection was carried out by the officials of Greater Chennai Corporation on 23.10.2020 along with the Revenue Divisional Officer Central Chennai, Area Engineer, Chennai Metro Water Supply and Sewerage Board, Block Development Officer, Vanagaram Panchayat, Assistant Engineer Tamil Nadu Pollution Control Board, Work Inspector Public Works Department and also Project Director, National Highways Department.
7. I submit that at the time of joint inspection the Area Engineer - XI, Chennai Metro Water Supply and Sewerage Board, has informed that they have formed a team of Depot Engineers to monitor the Porur Link Road/Bypass Service Road and directed the Depot Engineers to take action against the illegal outlet of the sewer water in the Storm Water Drain.
8. I submit that after joint inspection the Area Engineer - XI, Chennai Metro Water Supply and Sewerage Board, has addressed a letter dated 22.10.2020 stating that they had conducted a joint meeting with the private sewer lorries owners association and instructed them to dispose the sewage to nearby pumping station at Ganga Nagar, Mogappair and Nesapakkam STPs and warned the lorry owners not do dispose the sewage into Storm Water Drain.
9. I submit that after joint inspection the Block Development Officer, Villivakkam Panchayat Union has addressed a letter dated 02.11.2020 stating that the disposal point is coming under the limit of Chennai corporation and the Panchayat limit ends before it and also stated that they will keep vigilant watch on the illegal disposal of the sewage into the storm water drain and severe action will be taken against the people and companies violating the rules.
10. I submit that after joint inspection the Project Director, National Highways Authority of India (NHAI) has addressed a letter dated 27.10.2020 stating that the NHAI is not a respondent in the above case [4] and also stated that the referred location from Km 15.820 to Km 18.980 is part of the Service Road of the Chennai Bypass of which Km 15,20 to Km 16.120 falls under the jurisdiction of Chennai Corporation and from Km 16.120 to Km 18.980 falls under the jurisdiction of Vanagaram Panchayat. Further it was stated that earlier the NHAI had taken action by filing a CSR to the Police Department with respect to the illegal discharge of sewage into the Strom Water Drain at Km 21/700.
11. I further submit that the monitoring of sewer lorries comes under the jurisdiction of Chennai Metro Water Supply and Sewerage Board (CMWSSB) and Greater Chennai Corporation is not a competent authority to take action against the sewer lorries.
12. I submit that Greater Chennai Corporation had taken action by filing a CSR to the Police Department with respect to the illegal discharge of sewage into the Storm Water Drain. I submit that a letter from Greater Chennai Corporation dated 09.11.2020 addressed to the Assistant Commissioner of Police, SRMC Range requesting to direct the Police officials to monitor the Porur Link Road/Bypass Service Road and to file a case against lorries who are illegally letting out the sewer water into the Storm Water Drain.
13. I submit that referred location is part of the service road of the Chennai Bypass, National Highways Authority of India (NHAI) Department.
It is therefore prayed that this Hon'ble Tribunal may be pleased to accept the report and to pass suitable order or orders as this Hon'ble Tribunal may deem fit and proper under the circumstances of this case and thus render Justice."
4. It is quit unfortunate that the report submitted by the Corporation is evasive and general in nature, admitting certain miscreants discharging the untreated sewage into the storm water drain in that area which is being collected either from Greater Chennai Corporation or from the neighbouring panchayat.
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5. It is mentioned in the report that the National Highway Authority of India (NHAI) is the authority who has to look into these issues and they are not party to the proceeding. Further, it is also mentioned in the report that the sewer lorries is coming under the jurisdiction of Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) and the Greater Chennai Corporation is not a competent authority to take action against sewer lorries. But it is quite unfortunate that they failed to note the fact that under the Chennai City Municipal Corporation Act, 1919, they are bound to take action against those people who are causing nuisance and polluting the storm water drain. But such a proactive action has not been taken from the side of the Corporation, except sending some letter to the Assistant Commissioner of Police to register the case as CSR (Community Service Register).
6. Normally, when such reports are received and if it is a non-cognizable offence, then they will register the same in the Community Service Register maintained in the police station and after conducting the enquiry, if they are satisfied that some case will have to be registered, then they will submit a proper report to the Court.
7. If it is a cognizable offence, then they will register FIR and then conduct investigation. However, merely sending some report to the police chief regarding the incident will not be sufficient on the part of the regulator in preventing such things being happening in future. [6]
8. Further in similar matters, this Tribunal had issued directions to evaluate the mechanism for monitoring the registered vehicles that are permitted to collect sewage water and track their movements through GPS from the place of collection, till it is being disposed of in an authorized area to trace their movement so that if any mischief is being done by permitted operators, then it can be traced out and action can be taken against them.
9. But nothing has been mentioned in the report as to whether such a mechanism was evaluated by the Corporation to avoid such incidents.
10.The Corporation is directed to file an independent report as to what are the action taken by them for abating the nuisance said to have been caused on account of this incident and what is the mechanism evaluated by them for monitoring the same to avoid such things in future.
11.The Joint Committee has not filed the report so far. Unless the Joint Committee report comes, it may not be possible for this Tribunal to ascertain as to the nature of thing found by them and what is the recommendation given by them to avoid such things in future which were sought for by the Tribunal.
12.Further, the local body is also having its own responsibility in view of the observations made by the Hon'ble Apex Court in Ratlam Municipality 1 case to avoid such nuisance being perpetuated within their jurisdiction. Further, the District Collector being the District Magistrate is having a 1 1980 (4) SCC 162, 1980 AIR 1662 [7] responsibility to take steps to avoid public nuisance being caused on account of discharge of untreated sewage water into the storm water drain which ultimately reaches the water body and likely to pollute the water quality in the water body.
13.It is not known as to what is the action taken by the Assistant Commissioner of Police on the basis of the letter said to have been given by Corporation as CSR.
14.When this was pointed out, the learned counsel appearing for the State department as well as the Corporation and also the Pollution Control Board submitted that they will come with the Joint Committee Report and also independent reports regarding the issue and steps to be taken to avoid such things and action taken against miscreants independently. It is clear from the report submitted by the Corporation that such things are happening and some of the tanker lorries which are permitted to carry the sewage are responsible for the same as well.
15.On the basis of the contentions raised by the Corporation, we feel that it is necessary to implead the Vanagaram Panchayat in which some portion of the link road/by-pass service road passes and also the Project Director, National Highway Authority of India (NHAI), Chennai as additional respondent 8 & 9 respectively. So, they are impleaded accordingly.
16.The Office is directed to carry out the amendment in the cause title and also serve the copy of the order along with the newspaper report and the [8] gist of the Suo Motu proceeding to them as well, so that they can come with their independent report in this regard.
17.Further, it is seen from the newspaper report that they have shown the presence of certain vehicles in that area. If proper enquiry is conducted with the newspaper reporter who published the news, then they may be able to trace out the owner of the vehicle from the picture, and some action against that particular owner of the vehicle could have been taken which may give a signal to others that if they indulge in such things, they will also be liable to meet such consequences and prevent them from venturing in such mischief in future.
18.These things will have to be considered by the committee while filing the report. So, the committee is also directed to consider the observations made by this Tribunal and file a proper action taken report against the miscreants instead of saying that some lorries are doing such things and giving certain instructions to association of lorry owners who are involved in carrying the sewage water as done in other cases.
19.The committee is directed to submit the report to this Tribunal on or before 22.02.2021 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.
20.The Registry is directed to communicate this order by e-mail immediately to the members of the committee, official respondents including the [9] District Collector of the respective area to enable them to comply with the direction of filing the report and independent reports as directed by this Tribunal regarding the action taken on their part to mitigate the situation and avoid such things being happening in future in their respective jurisdiction.
21.For consideration of further report and also independent reports to be filed by the respondents, post on 22.02.2021.
...................................J.M. (Justice K. Ramakrishnan) ...............................E.M. (Shri. Saibal Dasgupta) O.A. No.168/2020, 13th January, 2021. Mn.
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