National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 8 June, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.12:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.154 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,
Chennai edition dated: 13.08.2020,
"The encroachers ask for compensation what the
Public Works Department is going to do"
...Applicant(s)
Versus
The Principal Secretary to Government
Public Works Department, Chennai and Ors.
...Respondent(s)
Date of hearing: 08.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu by Court
For Respondent(s): Dr. V.R. Thirunarayanan for R1 to R4 and R6
Mr. C. Kasirajan through Ashwini for R5
1
Mr. P. Srinivas for R3
ORDER
1. The above case has been posted today for Committee to submit the report apart from the officials respondents filing their statements regarding the allegations made.
2. When the matter came up for hearing today, Dr. V.R. Thirunarayanan represented respondents 1 toR4 and 6 and Mr. C. Kasirajan through Ashwini represented 5th respondent and Mr. P. Srinivas represented 3rd respondent.
3. We have received the Joint Committee report dated nil, e-filed on 04.03.2021 and received on the same date which reads as follows:
INSPECTION REPORT OF THE JOINT COMMITTEE CONSTITUTED BY THE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE) IN RESPECT OF O.A. NO. 154 OF 2020(SZ) SUO MOTU ON THE BASIS OF THE NEWSPAPER REPORT PUBLISHED IN ITEM IN DINAMALAR NEWSPAPER, CHENNAI CITY SUPPLEMENT EDITION DATED: 13.08.2020. UNDER THE CAPTION"TAMBARAM PERIYA ERI THE ENCROACHERS ASK FOR COMPENSATION WHAT THE PUBLIC WORKS DEPARTMENT IS GOING TO DO?"
1.Order of the Hon'ble National Green Tribunal (SZ) It is respectfully submitted that the Hon‟ble National Green Tribunal (SZ) Chennai in its order dated 18.08.2020 in the matter of O.A. No. 154 of 2020 inter alia stated that:
2. It is alleged in the report that the Public Works Department had undertaken the work of redeeming the Tambaram Periya Eri (Tambaram Big Lake) which has shrunk and become a sewage pond due to encroachment. But due to stiff resistance by the encroachers, they were not able to proceed with the work. Some work has been undertaken by the Public Works Department in co-ordination with the Revenue Department for removing the unauthorised construction in the water body. However, they could not proceed with the work on account of the stiff resistance and also insisting for compensation for the improvements made by them in those areas.2
3. In fact, the lake covers a big area and whenever the lake is full during monsoon season, the groundwater level increases in Old Tambaram, Irumbuliyur, Reddypalayam, C.T.O. Colony and Kannan Avenue.
4. Due to the political influence, pattas were granted to the encroachers. It is seen from the report that it was originally having an extent of more than 150 acres which has now shrunk to 10 acres and became a sewage pond.
5. During 2015, due to flood caused due by rain, large area surrounding this lake had submerged in water and that could not be restored even now. Though, requests have been made by the local people to restore the water body and safeguard at least the remaining area, no steps have been taken by the authorities so far.
6. On going through the allegations in the report, we are satisfied that there arises a substantial question of environment which requires the interference of this Tribunal for resolving the same.
9. In order to ascertain the real state of affairs and action taken by the authorities to protect the water body, we feel it appropriate to appoint a joint committee comprising of 1) The District Collector, Chengalpattu District or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by the District Collector 2) Superintending Engineer of Public Works 6 Department and Water Resources Organisation, who is in charge of that area, 3) Senior Officer deputed by the Chairman Tamil Nadu State Pollution Control Board 4) The Municipal Commissioner, Tambaram Municipality to inspect the water body in question and submit a factual as well as action taken report, if there is any violation found.
10. The committee is directed to ascertain the original extent covered by the lake as per revenue records, the nature and the extent of encroachments, action taken to remove the encroachment.
11. The committee is directed to consider the question as to whether there is any scheme launched by the State Government or by the District administration for the purpose of rejuvenation and protection of this water body and if so, what is the stage of its implementation etc., and whether there is any unauthorised dumping of garbage and discharge of untreated sewage into the water body causing pollution into the water body and if so, trace out the persons who are responsible for the same and take appropriate action including imposition of environmental compensation against such persons applying the „Polluters Pay Principle‟ as directed by the Hon‟ble Apex Court and also 7 National Green Tribunal in several cases of this nature.
12. The committee is also directed to take the water samples from the lake for analysis of Bio Chemical Oxygen Demand (BOD) and Chemical Oxygen Demand (COD), Total Coli Form and Fecal Coli Form and other prohibited metals to ascertain as to whether it confirms to the standard for drinking purpose. If there is any contamination, they are also directed to suggest the ways and means to rectify the same.
13. The Public Works Department will be the nodal agency for co- ordination and for providing all necessary logistics for this purpose.
Further in its order dated 23.12.2020 inter alia directed the following 3 "5. Tambaram Municipality as well as the Tamil Nadu State Pollution Control Board has also got some responsibility regarding the allegations made in the newspaper report and they should have come with their independent response as to whether the allegations are correct and what are all the steps taken by them to redress the grievance raised by the public through the news paper report. However, such a proactive step was also not forth coming from the responsible Departments. If they did not comply with the directions of this Tribunal then, they will have to face the consequences of non compliance of the directions as provided under Section 25 & 26 of the National Green Tribunal Act.
6. The committee as well as the independent Departments are directed to file the report as well as the independent response regarding the allegations made in the application and the steps taken by them from their side to meet the situation on or before 02.02.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules". Subsequently the Hon‟ble National Green Tribunal (SZ), Chennai in its order dated 02.02.2021 further directed the following:
"4. We have received the report of the Executive Engineer (WRD), PWD, Lower Palar Baion Division, Kancheepuram on behalf of the committee dated „nil‟ received on 2.2.2021
5. It is seen from the report that there is large number of encroachments and survey has been conducted to identify those persons and steps are being taken to remove the encroachments. It appears that a mistake has crept in as the committee was constituted only on 18.8.2020 and the date of inspection was mentioned as 21.1.2020, which ideally should be 21.1.2021.
6. The learned counsel appearing for the Pollution Control Board submitted that the water analysis report has not been received and as soon as they receive the analysis report, they will come with the final report.
7. The learned counsel for the Nodal agency on whose behalf the report has been filed also submitted that they want one month time for filing the final report.
9. So under these circumstances, we feel that some more time can be given to the committee to file the final report without taking adjournment on a lame excuse as inspection itself was conducted nearly after five months of constituting the committee when this Tribunal had heavily come down for not submitting the report as per the order dated 23.12.2020. Such lethargic attitude should not be shown by the committee members hereafter in submitting the final report to this Tribunal. In the mean time, the respective local bodies and official respondents are expected to take action on the basis of the findings of the joint committee for redressing the grievance. They are also directed to submit the independent progress report about the work that they have done to redress this grievance permanently. The committee as well as the official respondents are directed to submit their committee report as well as their independent progress report regarding the status of the work done before this Tribunal on or before 4.3.2021 by e- filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules. 10. The Registry is directed to communicate this order to the 4 committee members as well as official respondents by e-mail immediately so as to enable them to comply with the directions of this Tribunal."
2.Complaince of the Direction.
In due compliance of the said Hon‟ble National Green Tribunal direction, surface water sample from the Tambaram big tank in Tambaram were collected on 21.01.2021 so as to ascertain the present water quality in the said water body.
Statement showing value of the physic chemical parameters analysed S.No. Parameters Units Point of Collection TNPCB Standards Narayanapuram Lake (Inland Surface Water) o
1. pH@25 C No. 7.44 5.5-9 2. TotalSuspended Solids Mg/L 32 100 o @ 105 C
3. Total Dissolved Solids Mg/L 596 2100 o @ 180 C o 4. BOD @ 27 C Mg/L 15 30 5. COD Mg/L 184 250 6. Copper as Cu Mg/L <0.033 3 7. Zinc as Zn Mg/L <0.05 1 8. Cadmium as Cd Mg/L <0.013 2
9. Lead as Pb Mg/L <0.07 0.1 10. Nickel as Ni Mg/L <0.05 6 11. Total Chromium Cr Mg/L <0.01 2
12. Hexavaient Mg/L <0.01 0.1 +6 Chromuium Cr
13. D.O Mg/L 6.5 5mg/l and above Statement showing the value of the Bacteriological parameters analyzed S.No. Parameters Units Point of Collection Primary water Narayanapuram Lake Quality criteria for Bathing Waters prescribed by Central Pollution Control Board
1. Total MPN/100 ml 230 500 or less Coliform
2. Faecal MPN/100ml 20 500 (desirable) Coliform 2500 (maximum permissible) The Report of analysis of the water sample collected from the said water body reveals that the Physico chemical parameters analysed satisfy the Inland surface water standards prescribed by the Board. Furthermore the water sample collected from the Tambaram big tank in Tambaram analysed for Bacteriological parameter Total Coliform and Faecal Coliform meets the Primary Water Quality Criteria for Bathing Waters prescribed by Central Pollution Gontrol Board.
3.Report of the Public Works Department
(i) Tambaram Periya Eri is located at S.F.No. 348 of Tambaram Village, Tambaram Taluk, Chengalpattu District is a PWD tank which has the capacity to store 4.7 MCFT and its water spread area is 17.57 Ha with its own catchment in 0.36 Sq.miles. Its originally intended ayacut area 5 was 43.43 Ha.
(ii) Tambaram Periya Eri is bounded by Tambaram Municipal area in all directions.
(iii) The surplus water of the Tambaram Periya Eri is feeding to Pappan channel and Realty confluence to Adyaf River at Perungatathur Point.
(iv) Due to the absence of the surplus course, every year the downstream side of this tank area was inundated by the surplus water of this tank.
(v) The PWD has constructed a new flood control regulator at the midpoint of the tank bund. Also the cut andcover has been completed and inter linked with existing Mudichur cut and cover so as to safeguard the public for every year monsoon period to prevent the inundation from the surplus water of this tank.
(vi) As per the survey made by the Revenue Department official in the year of 2009, there are 610 Nos. of encroachments in the water spread area and in the entire length of the bund.
4.Report from Commissioner, Tambaram Municipality In due compliance of the said Hon'ble National Green Tribunal direction (154 of 2020 (SZ), Periya Eri) the Commissioner, Tambaram Municipality is furnishing the following detailed report:
1. Total Area of the 20.72 Sq Km Tambaram Municipality
2. Total Population of the 174787"
Tambaram Municipality :
3. The Ward No.29 & 30 Ward No.29 West Tambaram areas in1. 1. Mangalapuram question traverses through2. 2.Thiruvalluvarpuram habitations of Tambaram Municipality
3. 3. Patel Nagar
4.Deiva Nagar Ward No.30
1. 1.Kalyan Nagar Main Road
2. 2.Kalyan Nagar 1,2 & 3rd Street
4. Households in the area 1334 Nos.
around the lake:5. Ńo of Wards covered 2 wards (Ward No. 29 and 30
surplus" channel in the Of the Tambaram Municipality) area:
6. Total Generation of sewage 0.43" MLD in the said areas:
I. SOLID WASTE MANAGEMENT Generation of total Solid Waste in the Municipality: 1.868 MT/day (Biodegradable waste -0.934 MT and Non Biodegradable waste -- 0.934 MT) Present status of collection and disposal of solid waste:6
Presently the Tambaram Municipality carries out door-to-door collection of solid waste of 1 tricycle, 1 Battery Operated vehicle and with 6 Sanitary Workers. Out of 1.868 T/day solid waste, biodegradable solid waste is 0.934 T/day and the non biodegradable wastes is 0.934 MT/day. The Tambaram Municipality is having Micro Compost Centre to wet waste and the non biodegradable waste is being dumped at Kodungaiyur in Greater Chennai Corporation.
Action Plan for Solid Waste Management Short Term
1. The Tambaram has proposed to carry out composting of the biodegradable waste at Micro Compost centre and to dispose the non biodegradable waste dispose at Kodungaiyur compost yard of Greater Chennai Corporation.
2. The Tambaram Municipality has proposed to issue notice to the public and to the households not to dump the waste on the road sides and to issue pamphlets regarding the source segregation of the solid waste.
3. Persons dumping solid waste in the road side will be identified and fine will be imposed as per the provisions of the Local Body Act. Long Term :
1 Door to Door Collection of segregated solid waste from the households of the Tambaram Municipality will be made 100% 2 1 Tricycle, 2 Battery Operated vehicle and with 6 sanitary Workers will be deployed for collection of solid waste fromthe said 1334 households. 3 Micro composting centre has been created at Mannurankulam Micro compost center, Onsite compost center at Kalyan Nagar Of Tambaram to compost the segregated Biodegradable wastes Of 0.934 MT/day and non degradable waste of 0.934 MT/day including plastic waste will be collected and will be sent to cement factories for co processing. 4 The Tambaram has proposed to carry out composting of the biodegradable waste at Micro Compost centre and to dispose the non biodegradable waste dispose through the Venkadamangalam ISWM project II. SEWAGE GENERATION AND SEWERAGE SYSTEM:
Generation of sewage in the Tambaram Municipality area i.e. from the said 5336 Population in above 2 wards: 0.43 MLD.
Present method of collection and mode of disposal of sewage:
The generated waste water from households and commercial establishments in ward nos. 29 & 30 are disposed through individual septic tank arrangements. In above 2 wards are having UGSS scheme and UGSS House service connection was in progress. When both these schemes are completed in another five months the flow of sewage from Tambaram Municipality to Periya Lake through UGSS scheme will be completely averted.
Action Plan for Sewage Management Short Term The Tambaram Municipality to remove the blockage in the existing sewer line using mechanical jet rodding machine for providing smooth flow of sewage.
5.Joint Inspection of the Committee 7 The members of the Joint Committee have carried out the inspection in the area in question on 21.01.2021.
6.Observations by the Committee During the time of inspection, the Committee observed the following:
1. Tambaram Periya Eri is a PWD tank. It has lost its irrigation potential long back due to agglomeration of Chennai City and its suburb over the period of time. Now, the tank serves mostly as a natural aquifer.
2. Surplus Overflow from Tambaram Periya Eri flows through Mudichur cut and cover recently provided by the PWD and finally confluence to the Adyar river at Perungalathur point.
3. PWD has constructed flood control regulator at the midpoint of the tank bund removing the encroachment at that point and also provided cut and cover arrangement to interlink with mudichur cut and coyer.
4. It is ascertained from the PWD that no compensation will be issued to the encroachers who lost their houses due to the construction of flood control regulator in the said tank.
5. Encroachments were noticed on the entire length of the tank bund and in the east, west and northern side of the water spread area of the Tambaram Periya Eri.
6. There are 6 major storm water drain outlets and street drains, draining into this Tambaram Periya Eri bringing Sullage / Sewage to the tank. The tank water is being polluted due to this inflow of sewage mixed storm water from Tambaram Municipal area.
7. The residents in the fringe of the water body was found dumping tho solid waste.
8. Tambaram Municipality is carrying out the processing of the biodegradable waste collected from the Municipality area and handling the same as per Solid Waste Managmenet Rules, 2016 and the non biodegradable waste and non saleable waste are being transported and dumped in the Kodungaiyur Dump yard of Greater Chennai Corporation.
7.Recommendations:
Based on the above observations, the Joint Committee submits the following recommendations before the Hon‟ble National Green Tribunal (Southern Zone)
01. Tambaram Municipality shall complete the UGSS scheme and UGSS House service connections in another five months to prevent the flow of sewage/sullage from Tambaram Municipal area into the Tambaram Periya Eri.
02. Tambaram Municipality shall levy fine on the violators disposing sewage into the Tambaram Periya Eri under local body acts.
03. Tambaram Municipality shall carry out composting of the biodegradable waste at Micro Compost centers and dispose the non biodegradable waste through the proposed Vengadamangalam Incineration facility within 6 months.
04. Tambaram Municipality shall regularly monitor the collection of solid waste from the said area to avoid dumping of solid waste into the lake and shall levy fine on the violators dumping the solid waste in the water body.
05. Tambaram Municipality shall ensure 100% collection of solid waste 8 being generated within its jurisdiction with proper segregation, door to door collection, processing and disposal of the same by complying with the provisions of the Solid Waste Management Rules 2016 and shall ensure that no dumping of solid waste happens in the Tambaram Periya Eri by deploying security guards.
06. Tambaram Municipality shall create awareness among the public with the help ofassociations in the local body area for proper segregation and collection of solid waste.
07. The PWD with the help of Revenue Authorities shall make fresh survey to identify the exact number of encroachment and to evict them within six months.
08. The PWD shall take steps to create biodiversity parksl tree-planting around the banks of the water body, so as to protect the lake against the future encroachment in coordination with NGO's.
4. As per the recommendations short and long term measures were provided which the Tambaram Municipality has to carry out. It is also seen from the report that as per the survey made by the Revenue Department officials in the year 2009, there were about 610 encroachments in the water spread area and in the entire length of the bund. It is not known whether any action has been taken to remove the encroachments and restore the water body. It is also seen from the recommendations that PWD with the help of Revenue Department shall make fresh survey to identify the exact number of encroachments and evict them within 6 months. PWD was also directed to create biodiversity park/tree planting around the banks of the water body so as to protect the lake against the future encroachments in coordination with NGO's. So, it for the Tambaram Municipality, PWD and Revenue Department to implement the directions issued to protect the water bodies.
95. The 7th Respondent has filed the compliance report dated 09.03.2021, e-
filed on the same date and received on 10.03.2021 which reads as follows:
ACTION TAKEN REPORT FILED BY THE 7TH RESPONDENT I, Chitra, wife of Sukumar, Hindu aged about 42 years, Working as Commissioner, Tambaram Municipality, do hereby solemnly affirm and sincerely state as follows:-
1. I am the commissioner of the Tambaram Municipality the sixth respondent herein and well conversant with the facts of the case from the connected files.
COMPLIANCE REPORT In due compliance of the said Hon'ble National Green Tribunal direction (154 of 2020 (SZ), Periya Eri) the Commissioner, Tambaram Municipality is furnishing the following detailed report:
1. Total Area of the 20.72 Sq Km Tambaram Municipality
2. Total Population of the 174787"
Tambaram Municipality :
3. The Ward No.29 & 30 Ward No.29 West Tambaram areas in4. 1. Mangalapuram question traverses through5. 2.Thiruvalluvarpuram habitations of Tambaram Municipality
6. 3. Patel Nagar
4.Deiva Nagar Ward No.30
3. 1.Kalyan Nagar Main Road
4. 2.Kalyan Nagar 1,2 & 3rd Street
4. Households in the area 1334 Nos.
around the lake:
5. Ńo of Wards covered 2 wards (Ward No. 29 and 30surplus" channel in the Of the Tambaram Municipality) area:
6. Total Generation of sewage 0.43" MLD in the said areas:
III. SOLID WASTE MANAGEMENT Generation of total Solid Waste in the Municipality: 1.868 MT/day (Biodegradable waste -0.934 MT and Non Biodegradable waste -- 0.934 MT) 10 Present status of collection and disposal of solid waste:
Presently the Tambaram Municipality carries out door-to-door collection of solid waste of 1 tricycle, 1 Battery Operated vehicle and with 6 Sanitary Workers. Out of 1.868 T/day solid waste, biodegradable solid waste is 0.934 T/day and the non biodegradable wastes is 0.934 MT/day. The Tambaram Municipality is having Micro Compost Centre to wet waste and the non biodegradable waste is being dumped at Kodungaiyur in Greater Chennai Corporation.
Action Plan for Solid Waste Management Short Term
1. The Tambaram has proposed to carry out composting of the biodegradable waste at Micro Compost centre and to dispose the non biodegradable waste dispose at Kodungaiyur compost yard of Greater Chennai Corporation.
2. The Tambaram Municipality has proposed to issue notice to the public and to the households not to dump the waste on the road sides and to issue pamphlets regarding the source segregation of the solid waste.
3. Persons dumping solid waste in the road side will be identified and fine will be imposed as per the provisions of the Local Body Act. Long Term :
1 Door to Door Collection of segregated solid waste from the households of the Tambaram Municipality will be made 100% 2 1 Tricycle, 2 Battery Operated vehicle and with 6 sanitary Workers will be deployed for collection of solid waste fromthe said 1334 households. 3 Micro composting centre has been created at Mannurankulam Micro compost center, Onsite compost center at Kalyan Nagar Of Tambaram to compost the segregated Biodegradable wastes Of 0.934 MT/day and non degradable waste of 0.934 MT/day including plastic waste will be collected and will be sent to cement factories for co processing. 4 The Tambaram has proposed to carry out composting of the biodegradable waste at Micro Compost centre and to dispose the non biodegradable waste dispose through the Venkadamangalam ISWM project IV. SEWAGE GENERATION AND SEWERAGE SYSTEM:
Generation of sewage in the Tambaram Municipality area i.e. from the said 5336 Population in above 2 wards: 0.43 MLD.
Present method of collection and mode of disposal of sewage:
The generated waste water from households and commercial establishments in ward nos. 29 & 30 are disposed through individual septic tank arrangements. In above 2 wards are having UGSS scheme and UGSS House service connection was in progress. When both these schemes are completed in another five months the flow of sewage from Tambaram Municipality to Periya Lake through UGSS scheme will be completely averted.
Action Plan for Sewage Management Short Term The Tambaram Municipality to remove the blockage in the existing sewer line using mechanical jet rodding machine for providing smooth flow of sewage.11
Long Term Tambaram Municipality Now, implementing of UGSS scheme, The scheme is nearly completion, When both these schemes are completed in another five months the flow of sewage from Tambaram Municipality to Periya Lake will be completely averted.
Hence I therefore prayed that this Hon'ble Tribunal may be pleased to dispose of the application no. 154 of 2020 and thus render justice.
6. It is mentioned in the compliance report that the underground sewage system is nearing completion and once it is completed, the discharge from that area to the water body will be averted. It is mentioned that they will be able to complete the same in another 5 months. But it is also mentioned in the report as a short term measure that they will have to remove the blockage in the existing sewer line using mechanical jet rodding machine for providing smooth flow of sewage. When this was pointed out the Learned Counsel appearing for the Municipality submitted that it has been done and the blockage has been removed and the sewage is now taken to the sewage treatment plant from there it is treated. It is not clear from the report how many houses were connected with the underground sewage system which is being under operation and what is the action taken by the Municipality against the persons who have not registered their connection with the sewage system etc.
7. The Learned Counsel appearing for the Tambaram Municipality submitted that if some time is granted, they will be able to come with a detailed report regarding this aspect. Considering the circumstances, we feel that some time can be granted to Tambaram Municipality, PWD and 12 District Collector, Chengalpet to come with detailed report regarding the implementation of the recommendations made by the Committee to resolve the issue permanently on or before 27.07.2021 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.
8. The Committee is also directed to file further report regarding the compliance of the recommendations made before the next date of hearing.
9. The Registry is directed to communicate this order to Tambaram Municipality, PWD and District Collector, Chengalpet and also to Chief Secretary, State of Tamil Nadu and Secretary to Environment and Local Administration for information and compliance of the direction.
10. For consideration of further reports, post on 27.07.2021.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Dr. K. Satyagopal) O.A. No. 154/2020(SZ) 8th June, 2021. (AM) 13