National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Govt. Of Tamil ... on 25 August, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.02:- Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.231 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu based on the News Item in
The New Indian Express Newspaper,
Chennai Edition dated 12.10.2020, "Another
Cooum in the making? Illegal landfills take life out
of the Muttukadu Backwaters".
And
The Chief Secretary to Govt. of Tamil Nadu,
Government Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009 ...Respondent(s)
Date of Judgment: 25.08.2022
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): By Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R5 & R7 to R12.
Mr. S. Sai Sathya Jith for R6
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment. Pending interlocutory application, if any, shall stands disposed of.
Sd/-
Justice K. Ramakrishnan, J.M. Sd/-
Dr. Satyagopal Korlapati, E.M.
O.A. No. 231/2020(SZ)
25.08.2022. Sr.
Page 1 of 44
Item No: 02 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.231 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu based on the News Item in
The New Indian Express Newspaper,
Chennai Edition dated 12.10.2020, "Another
Cooum in the making? Illegal landfills take life out of the Muttukadu Backwaters".
And
1. The Chief Secretary to Govt. of Tamil Nadu, Government Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
2. The Principal Secretary to Government of Tamil Nadu, Public Works Department, Govt. Secretariat, Fort St. George, Chennai - 600 009.
3. The Principal Secretary to Govt. of Tamil Nadu, Health and Family Welfare Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
4. The Secretary to Govt. of Tamil Nadu, Department of Environment, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
5. Additional Chief Secretary to Govt. of Tamil Nadu, Municipal Administration and Water Supply Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
6. The Chairman, Tamil Nadu Pollution Control Board, No. 76, Anna Salai, Guindy, Chennai, Tamil Nadu - 600 032.
Page 2 of 447. Tamil Nadu Coastal Zone Management Authority, Rep. by its Member Secretary, No.1, Jeenis Road, Panagal Building, Ground Floor, Saidapet, Chennai - 600 015.
8. The District Collector, Chengalpattu District, Collector Office, GST Road, Chengalpattu- 603 001.
("Substituted" as per order of the Tribunal Dated: 20.10.2020)
9. Thiruporur Block Development Office, Rep. by its Block Development Officer, Thandalam, Tamil Nadu - 603 105.
10. Muttukadu Village Panchayat, Rep. by its Secretary, Anna Street, OMR Main Road, Muttukadu, Kancheepuram - 603 130.
11. Navalur Village Panchayat, Rep. by its Secretary, OMR Road, Sivan Koil Backside, Navalur, Kancheepuram - 603 130.
12. Padur Village Panchayat, Rep. by its Secretary, Padur Pradhana Salai, Kancheepuram - 603 103.
13. Greater Chennai Corporation, Rep. by its Commissioner, Rippon Buildings, Chennai - 600 003.
14. Chennai Metropolitan Water Supply & Sewerage Board, Rep. by its Managing Director, No. 75, Santhome High Road, M.R.C. Nagar, R.A. Puram, Chennai - 600 028. ..Respondent(s) Page 3 of 44 For Applicant(s): Suo - Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R5 & R7 to R12.
Mr. S. Sai Sathya Jith for R6.
Judgment Reserved on: 28th July 2022.
Judgment Pronounced on: 25th 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.
Whether the Judgment is to be published in the All India NGT Reporter - Yes.
JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. The above case was Suo Motu registered by this Tribunal on the basis of the newspaper report published in „New Indian Express‟, Chennai Edition dated, 12.10.2020 under the caption "Another Cooum in the making? Illegal landfills take life out of Muttukadu backwaters" and also another newspaper item published in „The New Indian Express‟ E-Paper dated, 13.10.2020 under the caption "No lessons learnt: Authorities „bury‟ waste in deep pits on banks of Muttukadu backwaters.
2. It was alleged in the newspaper reports that illegal landfills were being created on the bank of Muttukadu backwaters by dumping waste causing irreparable damage to the environment. They expressed that apprehensions that it is likely to affect the water quality in Muttukadu backwaters and if it is allowed to continue, then the same would also become a contaminated water body just like Cooum river which with great difficulty had been restored to some extent by constant efforts taken by the authorities.Page 4 of 44
3. It was also alleged in the newspaper reports that the waste was being illegally dumped in these areas by encroaching into the area and also they were being burnt illegally causing irreparable injury to health of the people in the locality.
According to the newspaper report about five such unauthorised landfills have propped out on the bank of the water body between the boat house and Navaloor, where tonnes of solid waste was dumped. The Muttukadu water body had been recognized by the Union Environment Ministry, the Wildlife Institute of India along with 15 other sites in Tamil Nadu including Pulicat, Pichavaram, Vedaranyam swamp, Palk Bay, Muthupet etc. and had been a recognized Marine Biodiversity Area and any encroachments into these water bodies will have an adverse effect on the ecosystem and its bio-diversity. Since this Tribunal was 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 20.10.2020 and appointed a Joint Committee comprising of 1) a Senior Officer from the Ministry of Environment, Forests & Climate Change (MoEF&CC), Regional Office, Chennai, 2) a Senior Scientist from Central Pollution Control Board (CPCB), Regional Office, Chennai, 3) the Superintending Engineer of Public Works Department (PWD) & Water Resources Organization (WRO) of that area, 4) a Senior Officer to be deputed by the Principal Secretary of Municipal Administration and Water Supply Department, 5) a Senior Officer from State Coastal Zone Management Authority (SCZMA), 6) a Senior Officer from the Tamil Nadu Pollution Control Board (TNPCB) as deputed by its Chairman, 7) the District Collector, Chengalpattu District and 8) Thiruporur Block Development Officer, Tiruporur Panchayat Union to inspect the area in question and submit a factual as well as action taken report including imposition of environmental compensation if there was any violations found.
4. The committee was directed to ascertain as to:-
(a) Nature of waste deposited, the person responsible for the same and how far it had affected the water body and its water quality and the remedial measures to be taken for removing the waste that was already dumped illegally and whether the Solid Waste Management Rules, 2016 and the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Page 5 of 44 Application No.606 of 2018 were being strictly implemented in these local bodies within whose jurisdiction the alleged illegal activity had been complained of. (b) Whether there was any violation of Coastal Regulation Zone Notification, 2011 or 2019 and if so, what was the nature of action taken by the regulating authority in this regard and if there was any encroachment, then the committee was directed to identify the encroachers and issue necessary directions to remove the encroachment to save the water body against the encroachment and pollution. (c) To assess the environmental damage caused and assess the environmental compensation for restoring the damage caused to the environment and the persons responsible for the same from whom this will have to be collected. (d) To ascertain as to whether on account of such illegal activities of dumping of waste and burning of waste, any contamination had been caused to the backwaters and if so, what was the remedial measures to be taken to rectify the same. (e) Whether there was any scheme launched either by the State Government or by the district administration to protect the water bodies in their area and if so, what was the stage of the implementation of the scheme. (f) To Assess the water quality showing the value of COD, BOD, Total Coli form, Faecal Coli Form, pH and presence of heavy metals both in backwaters as well as in the residential area nearby and if there was any deterioration or contamination caused, then suggest the remedial measure to be taken to rectify the same. (g) To ascertain as to whether there was any regulating mechanism for monitoring the persons to whom the collection and disposal of the waste was being entrusted by the local bodies. (h)To submit an action plan with long term as well as short term measures with shorter time lines to avoid such things including creation of bio-diversity park or tree plantation around this area to avoid encroachment in future and also fixation of CCTV Cameras in that area to locate the persons who are responsible for such illegal activities so as to trace them out and bring them before law. They can also mention about the feasibility of providing GPS Page 6 of 44 enabled trucks to monitor their movement which were entrusted with the task of collection and disposal of waste as per Rules.
5. The Ministry of Environment, Forests & Climate Change (MoEF&CC), Integrated Regional Office, Chennai was designated as the nodal agency for co-ordination and also for providing necessary logistics for this purpose.
6. The learned counsel appearing for the State Department submitted that this area falls within the jurisdiction of Chengalpattu District and not in Kancheepuram District. So, the 8th respondent is substituted as the District Collector, Chegalpattu District instead of the District Collector, Kancheepuram District as per order dated 23.12.2020.
7. The 7th respondent has filed their reply affidavit contending that Thiru Maj. Gen. Jose Manavalan President, Oceanic Owners Association , Egattur, Chennai 130 had sent a representation dated 29.06.2020 on the above matter and a copy of the representation had been forwarded to the Chairman, District Coastal Zone Management Authority/District Collector of chengalpattu District and the Convener, District Coastal Zone Management Authority/District Environmental Engineer, Maraimalai Nagar, Chengalpattu District with a request to inspect the site and to take further action. If violation noticed, vide this office letters dated 05.08.2020 and reminded letter dated 20.10.2020. As per G.O.Ms. No. 163, Environment and Forest Department dated 09.06.1998, the District Coastal Zone Management Authorities had been constituted for all Coastal Districts and they will have to monitor the implementation of Coastal Regulation Zone Notifications and its enforcement and if there was any violation to take action in accordance with law.
8. They have been entrusted to carry out the following activities:-
a) To be responsible for monitoring and enforcement/implementation of the provisions of the Coastal Regulation Zone Notification.
b) To ensure that the activities within Coastal Regulation Zone take place as per the approved Management Plan.
Page 7 of 44c) To advice the State Government on any matter relating to protection and control of pollution in Coastal areas.
d) To act as an Authority under Section 4 of coastal Regulation Zone Notification, 1991 dated 19.02.1991 for taking action on Coastal Regulation Zone Plan violations.
9. As per the decision of the Tamil Nadu State Coastal Management Authority in the 79th meeting held on 18.08.2014, it was resolved that all the District Collectors, District Coastal Zone Management Authorities, Chennai Metropolitan Development Authority, corporation of Chennai are responsible for identification of violations and to take action on the violators, by following the procedures, laid down under the Environment (Protection) Act, 1986, as the CRZ Notification, 2011, permits to engage District Coastal Zone Management Authorities to assist the work task. They prayed for accepting their contentions and passing appropriate orders.
10. The matter was adjourned from time to time either by notifications or at the request of the Members of the Committee and the official respondents to enable them to submit the reports.
11. The matter was taken up on 11.01.2021 by advancing the case and considered the newspaper report published in the „New Indian Express‟ dated 02.01.2021 under the caption " Ugly and Unprecedented: Tonnes of trash wash ashore at Kovalam Beach near Chennai."
12. It was alleged in the newspaper report that large scale waste was being accumulated on the Muttukadu Kovalam Beach along East Coast Road (ECR), which was likely to affect the environment and no steps have been taken by the authorities for removal of the same and it was likely to affect the Muttukadu estuary bar mouth as well.
13. It was also alleged in the newspaper report, that apart from the waste being dumped in the off shore area, illegal dumping of garbage was also going on in Buckingham Canal upstream in Chennai and in southern suburbs which had to be looked into. Though huge amount had been spent for the purpose Page 8 of 44 of cleaning the water bodies without taking further remedial measures to prevent such things happening in future, no purpose will be served. This Tribunal directed the committee appointed by this Tribunal to look into the issue as well and file a report.
14. The matter was taken up on 29.01.2021. This Tribunal permitted a third party who filed in I.A. No. 128 of 2020 (SZ) to implead themselves alleging that they were interested in protecting environment Muttukadu back waters by allowing the application to the limited extent of permitting them to Intervene and assist the Tribunal.
15. This Tribunal also considered the newspaper report published in „New Indian Express"-Chennai Edition dated 23.01.2021 under the caption "Muttukadu backwaters: Dumping of sewage and garbage continues unabated‟ along with photographs showing the truck which was carrying sewage, discharging the same in the backwaters and this Tribunal expressed its displeasure on the regulators for not monitoring such things for not taking action against those persons who were responsible for the same and directed the committee to consider this Newspaper report as well while submitting the report and also expressed its displeasure for failure of the committee in filing the report though it was constituted as early as on 20.10.2020.
16. Thereafter, the matter has been adjourned from time to time at the request of the parties and even directed the members of the committee to appear before this Tribunal to show cause as to why action should not be taken for non- compliance of the directions issued as contemplated under Section 25, 26 & 28 of the National Green Tribunal Act, 2010.
17. The matter was taken up on 02.08.2021 and on 25.08.2021 and on 25.08.2021, this Tribunal had considered the Joint Committee report signed by some of the officers on 23.08.2021, e-filed on 24.08.2021 and extracted in Para (2) of the order which reads as follows:-
Page 9 of 44Page 10 2of 44 Page 11 of3 44 Page 12 4of 44 The detailed result of water quality is at Annexure-IV.
Page 135of 44 6 Page 14 of 44 Page 157of 44 8 44 Page 16 of Page 17 of 9 44 10 Page 18 of 44 Page 19 of 44
18. On that day, this Tribunal also considered another newspaper report published in „The Hindu‟ Chennai Edition dated 23.08.2021, under the caption, "A deadly bloom in Muttukadu Estury" It was mentioned in the newspaper report that due to non-maintenance of the Muttukadu Estuary, aquatic life is being affected. The growth of algae and aquatic weeds affected the quality of water in that water body as well. So this Tribunal had directed the committee appointed by this Tribunal to look into this issue as well and file further reports.
19. The committee was directed to suggest short term measures to improve the situation till the permanent provision for removal of encroachments and protecting water bodies against the pollution are implemented as recommended so as to save the water body against further pollution.
20. The respective departments were also directed to file independent reports including the District Collector, Chengalpattu District and the Public Works Department and Water Resources Department and posted the case to a future date.
21. The matter was again taken up on 26.11.2021 and on that day, this Tribunal had considered the further report submitted by the Joint Committee dated nil, e-filed on 25.11.2021 and extracted in Para (4) of the order which reads as follows:-
"FURTHER REPORT OF THE JOINT COMMITTEE CONSTITUTED BY THE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE) IN RESPECT OF O.A. NO. 231 OF 2020 (SZ) SUO MOTU BASED ON THE NEWS ITEM IN THE NEW INDIAN EXPRESS NEWSPAPER, CHENNAL EDITION DATED 12.10.2020. UNDER THE CAPTION "ANOTHER COOUM IN THE MAKING? ILLEGAL LANDFILLS TAKE LIFE OUT OF THE MUTTUKADU BACKWATERS"
2. COMPLIANCE OF THE DIRECTION In due compliance of the orders of the Hon'ble National Green Tribunal, water samples were collected by the officials of Tamil Nadu Pollution Control Board along with the officials of MoEF& CC, CPCB and PWD department in backwaters on 21/09/2021.
Page 20 of 44Table Showing Analysis Results of the Samples collected during the inspection The analysis result indicates that water quality is affected due to the discharge of untreated sewage. Due to this discharge the Algae bloom formation happens at the stagnated area. The water quality falls under the primary water quality criteria for class SW-111 waters [for industrial cooling, recreation (non-contact) and aesthetics] specified in water quality standards for coastal waters marine outfalls.
4. OBSERVATIONS BY THE COMMITTEE During the time of inspection on 21.09.2021, the committee observed that the following
1. Buckingham Canal branch off from the Adyar River, flows through the southern part of Chennai Metropolitan area and also the overflow of the Palikarani Marsh land join with the Buckingham Canal at Okkiam-Maduvu, traverse through the Sub urban area of the Chennai, confluence Muttukadu Lake and joins Kovalam Estuary.
2. Buckingham canal which is a carrier of storm water and also carries sewage generated from unsewered areas of Chennai Metropolitan area and the sub urban areas of Chennai confluence with Muttukadu lake and, joins Kovalam estuary.
3. During the discussion with PWD officials, it is learnt that w.r.t to control of sewage pollution, it is already covered under the Buckingham Canal Action Plan being prepared by CRRT. 4. In Muttukadu lake and Kovalam Estuary, formation of algae was found in the water which may be due to obstruction of flow at the bar mouth of Kovalam Estuary. The giant sand bars redeposited over time at the mouths of rivers leads to obstruction of in & outflow flow at confluence.
4. RECOMMENDATIONS:
Based on the above observation, until implementation Buckingham Canal Action Plan by CRRT, the joint committee submits the following short term measures to improve the situation / recommendation before the Hon'ble National Green Tribunal (Southern Zone) Page 21 of 44
1. Greater Chennai Corporation & CMWSSB shall plug the sewage/sullage inflow generated from the unsewered areas of southern part of Chennai Metropolitan area into the Buckingham Canal. The diverted sewage/sullage may be collected through tankers by providing a collection pit or tank for treating it in STP.
2. Possibilities shall be explored by Greater Chennai Corporation & CMWSSB for providing temporary treatment system like phytoremediation, insitue treatment etc. before discharging the sewage/sullage into canal.
3. Greater Chennai Corporation & CMWSSB shall ensure that the sewage/sullage inflow generated from the unsewered areas of southern part of Chennai Metropolitan area does not reach the storm water drain leading to the Buckingham Canal.
4. Tiruporur Panchayat Union shall identify the residences/commercial establishments letting out sewage into the storm water drains leading to Buckingham Canal and plug the outlets.
5. Tiruporur Panchayat Union shall take necessary action under the Local Body Acts against the Sewage tanker lorries discharging sewage into Buckingham Canal
6. Tiruporur Panchayat Union shall provide display board at vulnerable points not to discharge sewage/sullage into Buckingham Canal.
7. Tiruporur Panchayat Union shall identify and provide decentralized community soak pit arrangement at vulnerable locations to prevent the entry of sewage/sullage into the Buckingham Canal as a short term measure.
8. Tiruporur Panchayat Union shall levy fine on the violators found disposing sewage/sullage into the said water body and also dumping solid waste under Local Body Acts
9. PWD shall keep the bar mouth always open by carrying out periodic dredging (removing of redeposited sand/silt) as there will be constant exchange of sea water leading to dilution of the nutrients in the estuary, resulting in reduction of eutrophication leading to reduction of algal bloom and there will be no choking of Kovalam bar mouth. "
22. Since, this Tribunal was satisfied that apart from the official respondents already on record, some other officials, departments, namely, Greater Chennai Corporation, Chennai Metropolitan Water Supply and Sewerage Board were also necessary parties to the proceedings, this Tribunal Suo-Motu impleaded them as additional respondents 13 and 14 respectively and directed them to file the detailed reports. The other official respondents who have been directed to file the reports including the District Collector, Chengalpattu District have not filed the reports. So this Tribunal had granted further time to enable the newly impleaded parties and other official respondents to file their action taken reports.
23. Thereafter, the matter has been adjourned from time to time by successive notifications. In the mean time, 14th respondent/CMWSSB has filed a report dated 21.02.2022, e-filed on 24.02.2022 which reads as follows:-
1 XXXX 2 XXXX Page 22 of 44 Page 23 of 44
24. The Greater Chennai Corporation filed a report dated 29.03.2022 wherein they have stated that Muttukadu area will not come within the jurisdiction of Greater Chennai Corporation and it is within the jurisdiction of "Thiruporur Panchayat Union". They have further mentioned that the Greater Chennai Corporation along with Chennai Metropolitan Water Supply and Sewerage Board was carrying out regular inspection, plugging of illegal sewer connection and imposing fine to the offenders letting sewage into the Storm Water Drain.
25. The Chennai Metropolitan Water Supply Board also filed a further report dated 30.06.2022, e-filed on 02.07.2022 which reads as follows:-
1 XXX 2XXX Page 24 of 44 Page 25 of 44 Page 26 of 44
26. The 9th respondent has filed a status report dated nil, e-filed on 24.07.2022 which reads as follows:-Page 27 of 44 Page 28 of 44
27. The matter was taken up on 18.07.2022 and further directions have been issued for filing further reports, after considering the reports submitted by the Greater Chennai Corporation, Chennai Metropolitan Water Supply and Sewerage Board.
28. The matter was lastly taken up on 28.07.2022. The Tamil Nadu Pollution Control Board has filed a report signed by the officer on 22.07.2022 , e-filed on 25.07.2022 which reads as follows:-Page 29 of 44 Page 30 of 44 Page 31 of 44
PWD shall keep the mouth always open by carrying on periods dredging (removing or re deposited sand/silt) as there will be constant exchange of sea water leading to dilution of the nutrients in the estuary, resulting in reduction of eutrophication leading to reduction of algal bloom and there will be no choking of Kovalam bar mouth.
29. The Chennai Metropolitan Water Supply and Sewerage Board also filed a report dated 25.07.2022, e-filed on 27.07.2022 which reads as follows:-
1 XXX 2XXX Page 32 of 44 Page 33 of 44 Page 34 of 44
30. Heard the counsel appearing for the respondents and the Intervener.
31. The counsel appearing for the State Departments submitted that they are taking appropriate steps to protect the Muttukadu backwaters and they will abide any directions issued by this Tribunal.
32. The counsel appearing for the State Pollution Control Board submitted that this area is falling within different local bodies, namely, Thiruporur Panchayat Union, Navalur Village Panchayat and some portion in Greater Chennai Corporation and Chennai Metropolitan Water Supply and Sewerage Board and certain directions have been issued to each department to be carried out by them.
33. The standing counsel appearing for the State Department who represented the Block Development Officer Thiruporur Panchayat Union submitted that necessary steps have been taken from the Block Development Officer‟s level and they are taking all steps to protect the water bodies against the encroachment and causing damage to the water body.Page 35 of 44
34. The counsel appearing for Greater Chennai Corporation submitted that Muttukadu area falls within the jurisdiction A Thiruporur Panchayat Union and it is not within their jurisdiction. As regards their area of jurisdiction is concerned steps are being taken in coordination with Chennai Metropolitan Water Supply and Sewerage Board to plug unauthorised sewer lines and fine is being imposed.
35. The learned counsel appearing for Chennai Metropolitan Water Supply and Sewerage Board submitted that implementation of Underground Sewerage System within their jurisdiction namely, Sholinganallur, Karapakkam, Perungudi, UllagaramPuzhuthivakkam, Pallikaranai, Madipakkam, Okkium Thoraipakkam, Kottivakkam, Palavakkam, Neelankarai and Injambakkam are in progress and steps are being taken for areas which are not connected to the Underground Sewerage Scheme by preparing DPR and administrative sanctions are being sought for that purpose.
36. Considered the pleadings, Joint Committee reports and the submissions made by the counsel appearing for the respective departments.
37. The grievance in the newspaper reports was that on account of non- maintenance of Muttukadu backwaters and estuary it is being used as dumping ground, sewage discharge point thereby causing damage to the quality of the water which in fact affects the health of the people in that area. Further apart from dumping of waste in the water spread area, like Muttukadu estuary, it is being dumped on the road sides as well and the waste management system is not properly implemented in those areas.
38. It was also alleged that the tanker Lories are decanting untreated sewage into the water bodies thereby affecting environmental hygiene. Due to non maintenance algae and weeds are growing which affects the water quality and the aquatic life. Unless immediate steps are taken to protect the water body against encroachment and discharge of sewage and dumping of waste, it will have great impact on environment and indirectly affect the life of the people in that area.Page 36 of 44
39. It is well settled principle of law as reiterated by the Hon‟ble Apex Court, various High Courts including Hon‟ble High Court of Madras that the backwaters are playing a great role in protecting environment and to some extent to avoid intrusion of sea water and maintain the salinity level in the backwaters, so as to protect the water quality in that area. Further this will be a source for aquatic flora and fauna and if it is properly maintained it will attract the large scale migratory birds as well.
40. It is settled law that water bodies whatever be its nature, it should not be used as a place for dumping of garbage or discharge of untreated sewage,. Treated sewage can be discharged into the water bodies after maintaining the standard required for such discharge as provided in the guidelines issued by the Central Pollution Control Board and the State Pollution Control Board. In order to ascertain the genuineness of the allegations made in the various newspaper reports, a Joint Committee was appointed and the Joint Committee filed a detailed reports. In the further reports submitted by the Joint Committee, e-filed on 25.11.2021 certain observations and recommendations were made to be carried out by the different departments. The report submitted by the Block Development Officer, Thiruporur Panchayat Union showed that some steps have been taken from their side to protect the water bodies and they have even installed CCTV cameras at the main entrance of the Kazhipattur Buckingham Canal connecting to OMR, Security Guards have been deployed, Crush barrier has been provided, Compound wall with (temporary sheets) has been fixed to avoid decanting of untreated sewage by the sewage lorries in the Buckingham Canal and the steps have been taken to remove the garbage near Buckingham Canal and the same has been shifted to Kolathur Village Panchayat of Kattankolathur Panchayat Union and the garbage is being removed once in fifteen days.
41. The report submitted by the Chennai Metropolitan Water Supply and Sewerage Board showed that they have taken steps for providing Underground Sewerage Scheme in various areas and in some of the area it has almost completed and in some areas work is in progress. As far as certain areas, they have obtained administrative approval and in some areas DPR has been provided and the same has been approved and they are Page 37 of 44 awaiting the process ofcalling for tenders. They have also provided additional decanting facility at Nesapakkam and Perungudi by establishing Sewage Treatment Plants and few sewage pumping stations were established in Ganaga Nagar SPS (Madurovoyal), Mogappiar SPS, Manali Puthunagar SPS, Kadappa Road SPS (Madhavaram), Jawahar Nagar SPS (Kolathur), Kilijosiyam Nagar SPS (Thiruvotriyur) to meet the situation. They have also made arrangements for collecting septage to the treatment plants and they have also constructed additional decanting facility at Sholinganallur STP and the work was completed and under operation. The Septage Management draft operative guidelines and regulations are under the consideration of the Government.
42. The Tamil Nadu Pollution Control Board also filed a detailed report wherein they have issued various directions to the departments regarding the nature of steps to be taken by them.
43. It is time and again reiterated by Hon‟ble Apex Court and also various High Courts including Hon‟ble High Court of Madras, Principal Bench of National Green Tribunal and also this Bench, regarding the responsibility of the State to protect the water bodies against encroachment and pollution as part of protection of environment as mandated under Article 48(A) of the constitution of India. Further State department has got a responsibility to provide clean environment which includes providing clean water and air as part of „Right to Life‟ as generated under Article 21 of the Constitution of India and this obligation has to be primarily discharged by the State machineries including the local bodies and the regulators. It is well accepted principle of environment that water bodies are not only acting as source for water for drinking and irrigation purposes, but also act as a water storing reservoir, natural rain water harvesting system and help the natural recharge of ground water level in those areas apart from acting as flood mitigation mechanism to collect more water that is generated during rainy season to avoid flood in the neighbouring areas.
44. It is time and again reiterated by the Hon‟ble Apex Court and also various High Courts including Hon‟ble High Court of Madras including Principal Bench of National Green Tribunal and also this Tribunal, regarding the responsibility of the State to protect the water bodies against encroachment Page 38 of 44 and pollution as part of protection of environment as mandated under Article 48(A) of the constitution of India. Further State department has got a responsibility to provide clean environment which includes providing clean water and air as part of „Right to Life‟ as guaranteed under Article 21 of the Constitution of India and this obligation has to be primarily discharged by the State machineries including the local bodies and the regulators. It is well accepted principle of environment that water bodies are not only acting as source for water for drinking and irrigation purposes, but also act as a water storing reservoir, natural rain water harvesting system and help the natural recharge of ground water level in those areas apart from acting as flood mitigation mechanism to collect more water that is generated during rainy season to avoid flood in the neighbouring areas.
45. The Hon‟ble High Court of Madras had passed strictures against the authorities heavily for not taking steps to remove the encroachments and protect the water bodies, so as to discharge their constitutional obligation of protecting environment. Even in some cases, the Hon‟ble High Court of Madras had taken contempt proceedings and issued directions to pay a cost of Rs. 25,000/- (Rupees Twenty Five Thousand Only) if they did not file the reports containing the details. In spite of all these stringent measures taken by the Courts, the actions from the departments are not moving in the right direction as expected by the Courts and the Tribunal. Once the State machineries fail to discharge their obligation of protecting environment as contemplated under Article 48(A) of the Constitution of India, then they are failing to discharge their duty to maintain environmental rule of laws which it is highly required for the purpose of protecting the safe life of the people. Any environmental degradation will result in health hazard to the people and it is the primary responsibility of the State to avoid health hazards being caused or experienced by the people on account of the lack of implementation of environmental laws by the regulating authorities.
46. The Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 interacted with the Chief Secretary to Government of various States including the State of Tamil Nadu and on the basis of the undertakings and the assurance given by the Chief Secretary to Government, State of Tamil Nadu disposed of the matters in respect of each State including State of Tamil Nadu Page 39 of 44 by separate orders directed the Chief Secretary to Government, State of Tamil Nadu to monitor by appointing independent committees headed by Additional Chief Secretary level, to review the situation, take steps to implement the directions issued by the Principal Bench of National Green Tribunal in various cases including in O.A. No. 606 of 2018. Even sitting a Special Bench along with this Bench, several directions have been issued in respect of protection of water bodies and this Tribunal also issued several directions. In all these cases, it was repeatedly reiterated by the Tribunal that it was not possible of the Tribunal to monitor the implementation of Waste Management Rules, various environmental laws and monitor the discharge of statutory functions by the regulators perpetually and it is for them to take proactive steps to protect environment otherwise they will be failing in their statutory obligation of protecting environment as contemplated under Article 48(A) of the Constitution of India and also failing in their duty of implementing environmental rule of law within their area of jurisdiction. Even if directions are being issued by this Tribunal, it is for the regulators to implement the same in its letter and spirit and failure on the part of the regulators have to be monitored by the Secretary level officers and issue necessary directions if there is any latches or lacunas found to the concerned departments to see that the directions are implemented in its letter and spirit.
47. Since certain steps are being taken by the authorities, we feel that instead of keeping the case on file, dispose of the same by issuing following directions:-
i. The District Collector-Chengalpattu District is directed to conduct a survey of Muttukadu backwaters and estuary and if any encroachments are found, then they are directed to take steps to remove the encroachments and protect the water bodies against encroachments in future by providing necessary bio-fencing or planting green cover or other scientific methods and if they want to develop that area as an Tourism Park, then they are at liberty to do the same without encroaching into the water spread area of the backwaters/estuary. This direction will be subject to the directions already issued and to be issued by the Hon‟ble Page 40 of 44 High Court of Madras in respect of removal of encroachments and protection of water bodies in the pending Writ Petitions if any pending in respect of Muttukadu backwaters and estuary as well.
ii. The Water Resources Department is directed to take steps to protect the Muttukadu Backwaters and estuary by providing necessary proper maintenance and regular de- silting and also provide necessary mechanism as directed by the Tamil Nadu Pollution Control Board and the Joint Committee report to protect the water bodies against pollution.
iii. The Commissioner-Greater Chennai Corporation, Block Development Officer-Tiruporur Panchyat Union are directed to implement the Solid Waste Management Rules 2016/Liquid Waste Management and Other Waste Management in its letter and spirit within their area of jurisdiction and they are also directed to comply with the directions of the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and this Bench of several cases of similar nature.
iv. The Commissioner-Greater Chennai Corporation and Block Development Officer-Tiruporur Panchyat Union are directed to see that no garbage or waste is dumped in the water bodies including Muttukadu backwaters, Buckingham Canal and discharge of untreated sewage into the above said water body and take all initiatives steps to provide Underground Sewerage Scheme within their respective area of jurisdiction to collect the sewage generated and transmit the same to the Sewerage Treatment Plants and treat the same before it is discharged into the water bodies after achieving the standard provided for such purpose.
v. The Chennai Metropolitan Water Supply and Sewerage Board is also directed to implement the Underground Sewerage Scheme which they have undertaken within their Page 41 of 44 area of jurisdiction and prevent unauthorised discharge of untreated sewage into the Strom Water Drain or any channels which leads to the water body and take appropriate action against those persons who are responsible for the same in accordance with law. They must also provide the temporary measures till the final implementation of the Underground Sewerage Scheme, so as to avoid discharge of untreated sewage into the water body and prevent pollution being caused to the water bodies.
vi. The concerned department is directed to implement the recommendations made by the Joint Committee and also by the Tamil Nadu Pollution Control Board to implement the Solid Waste/Liquid Waste and Other Waste Management Rules and to prevent dumping of waste and discharge of untreated sewage into the water bodies.
vii. The Tamil Nadu Pollution Control Board is directed to monitor the implementation of various directions issued by this Tribunal in similar matters and specific directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and if any violations are found, then they are directed to take appropriate action against those violators (Institutions/local bodies/persons) by imposing environmental compensation initiating prosecution and taking other coercive measures provided under the respective statutes in accordance with law.
viii. The Additional Chief Secretary to Government for Environment, Climate Change and Forest Department is directed to monitor the implementation of the directions issued by this Tribunal in this case and various other cases relating to such issues including the directions issued by the Special Bench and the Principal Bench of National Green Tribunal in similar matters and if there is any proposals pending with them in respect of providing Underground Sewerage Scheme or waste management facility from the Page 42 of 44 local bodies and the other regulators, then they are directed to take appropriate steps to expedite the disposal of those proposals by providing necessary administrative as well as financial sanction so as to enable the implementing the authorities to carry out the work without delay as no schemes evolved by the implementing authority/regulator shall be stalled for paucity of funds.
ix. The Chief Secretary to Government, State of Tamil Nadu is directed to form a permanent committee comprising of the Additional Chief Secretary to Government Environment and Forest Department as Chairman, Additional Chief Secretary to Government for Finance Department or his nominee, the Additional Chief Secretary to Government for Water Resources Department or his nominee Principal Secretary to Government for Rural Development and Panchayat Raj, Principal Secretary to Government for Revenue and Disaster Management as members to monitor the implementation of the directions issued by the Tribunal in respective local bodies and by other regulators and if there is any gap found, then they are directed to issue necessary directions to the concerned departments on whose part such gaps were found, so as to implement the directions effectively in its letter and spirit. x. The Chief Secretary to Government, State of Tamil Nadu is directed to conduct periodical review meetings with the stakeholder departments and if there is any gap found, then they are directed to provide necessary directions and guidelines and provide administrative, financial and technical support to the concerned departments, so as to enable them to implement the directions issued by this Tribunal to protect the estuary and health of the people in respect of the area thereby discharge the constitutional obligation for protecting environment as provided under Article 49 (A) of the Constitution of India.Page 43 of 44
xi. The Registry is directed to communicate this order to the official respondents and also to the Block Development Officer-Thiruporur Panchayat Union, District Collector-
Chengalpattu District, Managing Director- Chennai
Metropolitan Water Supply and Sewerage Board,
Chairman-Tamil Nadu Pollution Control Board,
Commissioner-Greater Chennai Corporation, the Principal Secretary to Government for Rural Development and Panchayat Raj Department, Principal Secretary to Government for Revenue and Disaster Management, Additional Chief Secretary to Government for Environment and Forest Department, Additional Chief Secretary to Government for Finance Department and also to the Chief Secretary to Government, State of Tamil Nadu for their information and compliance of the direction.
48. With the above observations and directions, the Original Application is disposed of.
Sd/-
......................................J.M. (Justice K. Ramakrishnan) Sd/-
...................................E.M. (Dr. Satyagopal Korlapati) O.A. No.231/2020, 25.08.2022. Sr. Page 44 of 44