National Green Tribunal
Tribunal On Its Own Motion Under The ... vs The Chief Secretary To Govt. Of ... on 6 September, 2022
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 171 of 2021 (SZ)
With
Original Application No. 78 of 2020(SZ)
IN THE MATTER OF
Tribunal on its own motion
Suo motu based on the News item
Published in the New Sunday
Express News paper Edition dated 11.07.2021
Under the caption : Illegal diversion of sewage
Into storm water drains continues."
with
1. The Chief Secretary to Govt. of Tamil Nadu,
Govt Secretariat,
Fort St. Geroge,
Chennai, Tamil Nadu- 600009.
2. The Additional Chief Secretary to Government,
Public Works Department,
Govt Secretariat,
Fort St. Geroge,
Chennai, Tamil Nadu- 600009.
3. The Principal Secretary to Govt. of Tamil Nadu,
Department of Environment, Climate Change and Forests,
Govt Secretariat,
Fort St. Geroge,
Chennai, Tamil Nadu- 600009.
4. Additional Chief Secretary to Govt. of Tamil Nadu,
Municipal Adminstration and Water Supply Department,
Govt Secretariat,
Fort St. Geroge,
Chennai, Tamil Nadu- 600009.
5. The Chairman,
Tamil Nadu Pollution Control Board,
NO. 76, Anna Salai, Guindy,
Chennai, Tamil nadu- 600032
6. The Member Secretary,
Chennai Rivers Restoration Trust,
6/103, Dr. D.G.S. Dinakaran Salai,
Raja Annamalaipuram, Chennai- 600 028.
7. Chennai Metropolitan Water Supply and Sewerage Board,
Rep by its Managing Director,
No.1, Pumping Station Road,
Chintadripet, Chennai- 600031.
8. The District Collector,
Chennai District,
District Collectorate Office,
No. 62, Rajaji Salai, 4th Floor,
1
Chennai- 600 001.
9. Greater Chennai Corporation,
Rep by its Commissioner,
Ripon Building, Chennai- 600 003.
10. The Superintending Engineer,
SWD, CRRT & Mechanical, Greater Chennai Corporation,
Ripon Building, Chennai- 600 003
...Respondent(s)
With
Tribunal on its own motion
Suo Motu based on the News
Item in The Times of India Chennai
Edition Newspaper dt.03.06.2020,
"Sewage from industries leaves
Water bodies covered in hyacinth"
...Appellant (s)
Versus
1. The Principal Secretary to Government,
Public Works Department,
Govt Secretariat,
Fort St. Geroge,
Chennai, Tamil Nadu- 600009.
2. The Secretary to Govt. of Tamil Nadu,
Department of Environment, Climate Change and Forests,
Govt Secretariat,
Fort St. Geroge,
Chennai, Tamil Nadu- 600009.
3. Principal Secretary to Govt. of Tamil Nadu,
Industries Department,
Govt Secretariat,
Fort St. Geroge,
Chennai, Tamil Nadu- 600009.
4. The Secretary to Govt. of Tamil Nadu,
Health and Family Welfare Department,
Govt Secretariat,
Fort St. Geroge,
Chennai, Tamil Nadu- 600009.
5. Additional Chief Secretary to Govt. of Tamil Nadu,
Municipal Administration and Water Supply Department,
Govt Secretariat,
Fort St. Geroge,
Chennai, Tamil Nadu- 600009.
6. The Chairman,
Tamil Nadu Pollution Control Board,
NO. 76, Anna Salai, Guindy,
Chennai, Tamil nadu- 600032
7. Chennai Rivers Restoration Trust,
Rep by its Member Secretary,
6/103, Dr. D.G.S. Dinakaran Salai,
Raja Annamalaipuram, Chennai- 600 028.
8. The District Collector,
2
Chennai District,
District Collectorate Office,
No. 62, Rajaji Salai, 4th Floor,
Chennai- 600 001.
9. Greater Chennai Corporation,
Rep by its Commissioner,
Ripon Building, Chennai- 600 003.
10. Chennai Metropolitan Water Supply and Sewerage Board,
Rep by its Managing Director,
No.1, Pumping Station Road,
Chintadripet, Chennai- 600031.
...Respondent(s)
O.A No. 171 of 2021
For Applicant(s): Suo Motu
For Respondent(s): Mr. Dr. D. Shanmuganathan for R1to R4, R6
and R8
Mr. Sai Sathya Jith for R5
Mr. Gautam S. Raman for R7
O.A. No. 39 of 2022
For Applicant(s): Suo motu
For Respondent(s): Mr. Dr. D. Shanmuganathan for R1 to R5, R7
and R8.
Mr. Sai Sathya Jith for R6
Mr. Gautam S. Raman for R10
Judgment Reserved on: 25th August, 2022.
Judgment Pronounced on: 6th September, 2022.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Justice Smt. Pushpa Sathyanarayana, Judicial Member
1. The above applications was taken suo motu by this Tribunal based on the newspaper item reported in the Sunday Express dated 11.07.2021 under the caption "Illegal diversion of sewage water into the storm water drains continuous". This is based on the storm water drain carrying sewage into the south Cooum near Langs Garden road at Pudupet and news item published in the Times of India, Chennai Edition dated 03.06.2020 under the caption "Sewage from industries leaves water bodies covered in hyacinth". This is based on the water hyacinth covers the surface of Adyar River near Saidapet bridge.
32. It had been recorded by this Tribunal that the Greater Chennai Corporation had informed that 461 illegal sewage connections to the storm water drains have been identified and steps have been taken to plug them. It is not only the River Cooum but also the Buckingham Canal and Adyar Basin as well. Storm water drain is an infrastructure designed to drain excess rain and ground water from the surfaces like roads, streets, parking lots, footpaths etc. The said storm water drainage carry the storm water (rain water) through underground pipes to ponds, lakes, streams and rivers. It is an integral part of the town planning to control the quantity and quality, timing and distribution of the storm runoff. This cannot be understood as drainage pipes carrying water waste, waste from drains and toilets to the treatment plant to be treated and filtered as a storm water does not flow to a treatment plant.
3. In the city of Chennai, the CMWSSB, who is the 7th respondent, is responsible to maintain the public storm water drainage system with dedicated storm water drainage. As the news item was an alarming one, the Tribunal had appointed a Joint Committee consisting of 1) a Senior Offer from the Tamil Nadu Pollution Control Board deputed by its Chairman, (2) a Senior Officer from Chennai Rivers Restoration Trust, (3) a Senior Officer from Chennai Metropolitan Water Supply & Sewerage Board and (4) The Superintending Engineer, SWD, CRT & Mechanical, Greater Chennai Corporation to inspect the area and ascertain whether there is any illegal discharge of sewage into the storm water drains which reaches the rivers in Chennai. The committee was directed to find out whether there were any violations and if violators are found to mention the nature of action taken by them against such violators.
4. The Joint Committee had filed its report. The Joint Committee has observed that the stretch of roads between the Langs Garden road, E.B. Road and Binny road there were no encroachments. The sewage outfall near Langs road was plugged by the CMWSSB by attending the leaks in the 300mm Փ pumping main from Link road pumping station to Langs Garden pumping station. The waste water flow was also observed from the storm water drains at the Binny road junction of E.B link road.
5. It was reported further that CMWSSB was carrying out the work of interception and diversion of storm water drain to the nearest collection system and the pumping station. The interception and the diversion arrangements have been proposed by which any lean sewage flow will be 4 intercepted and conveyed through interceptor pipelines to the nearest pumping station. The joint Committee report further had enlisted the projects under implementation, namely, placing of interceptors and diversion of sewage at langs Garden from chainage 2500-4200m left bank and allied works- Package VI and laying of interceptors and diversion of sewage at South Cooum road from chainage 4300-5400m left bank and allied works- Package VII. Further, CMWSSB is executing the works of construction of 10MLD sewage treatment plant at Langs garden roads and scheduled to be completed on 15.03.2022.
6. Upon completion of interception and diversion works at Langs Garden road, South Cooum road, construction of 10 MLD sewage treatment plant at Langs Garden road, 6 numbers of outfalls at Langs garden road, 4 numbers of outfalls at South Cooum road will be plugged. It is also stated that the Government has accorded in Principle approval for total project cost of Rs. 2371 crores for the mitigation of sewage outfalls in the drains of River Cooum including River Adyar and Buckingham canal and its associated drains. Interception and diversion works and infrastructure strengthening works have been proposed under Phase-I for a total project cost of Rs. 1001 crores covering 385 outfalls in phase-I. Administrative sanction has also been accorded by the Government for Rs. 1001 Crores on 20.08.2019 followed by calling for tenders and issuing work orders.
7. The 5th respondent, Pollution Control Board in its report dated 24.11.2021 has also mentioned about the project taken up by the CMWSSB in implementing the 15 sub-projects under the integrated Cooum River Eco-Restoration Project. The work component consists of 10 numbers of interception and diversion arrangements along the river and 03 numbers of modular sewage treatment plants for treatment of the diverted sewage at College road, Chetpet, Nungambakkam and Maduravoyal one 10 MLD sewage treatment plant at Langs garden and 01 underground sewage scheme at Nerkundram. The Pollution Control Board has also given the status of the progress of the 14 sub-projects. The implementation of the above projects by the CMWSSB under the River Restoration Project is in-compliance with the Hon‟ble National Green Tribunal, Principal Bench order dated 13.02.2019 in O.A. No. 556 to 559 of 2018. The Pollution Control Board also had collected samples of water mixed with sewage in the Cooum River at Spur tank road, Greams Road and near Koyembedu pursuant to the order passed in O.A. No. 144 5 of 2021 dated 29.09.2021 by this Tribunal. The report of the analysis of samples collected against the standards for the designated best use water quality criteria is also furnished in the said report.
8. All the samples reveal parameter of total coliform and BOD are exceeding the limits prescribed. The Pollution Control Board has further stated that the CMWSSB has been issued with direction under Section 5 of the Environment (Protection) Act, 1986 to complete the underground sewage treatment system for the unsewered area and ensure 100% treatment of the sewage. It is further stated that it is the responsibility of the CMWSSB to provide proper collection and transportation arrangement for the untreated sewage discharged unauthorisedly into the River Cooum and treat the same in the nearby sewage treatment plant to avoid contamination of the River Cooum water.
9. Two other reports have been filed by CMWSSB about the work done under the integrated Cooum River Eco-Restoration Project. The report also mentioned about the mitigation of sewage outfalls in drains of River Cooum and Buckingham Canal, River Adyar and its drains. The said reports specifically mentioned about the issuance of work order for infrastructure strengthening works. The CMWSSB had already completed the comprehensive underground sewage scheme to various places in Chennai and surrounding sub-urban areas. It is specifically stated that the outfalls into the drains in the above areas will be mitigated on providing sewerage connections to households. The CMWSSB also expressed its difficulty in non-removal of the encroachments along the Buckingham Canal by the PWD and TNUHDB which has been impeding the CMWSSB from progressing further.
10. The Storm Water Drain Department of Greater Chennai Corporation also had filed a report dated 01.04.2022 in the same lines as that of the 7th respondent, CMWSSB. Greater Chennai Corporation has also stated that an Act has been enacted for imposing and increasing the fine amount to the offenders letting in the sewage into the storm water drain. Accordingly, zones 1 to 15 are taking action for imposing of fine and plugging of the illegal sewer connection along with CMWSSB. The Greater Chennai Corporation has also specifically stated that they have been carrying out regular inspection for plugging of illegal sewer connection and imposing fine to the offenders letting the storm water into the drains along with the CMWSSB officials.
611. At this Juncture, it would be appropriate to advert to the Judgement of the Principal Bench passed in O.A. No. 556 of 2018. The relevant paragraphs are as follows:
"43. Stern approach is, thus, required against the polluters as well as statutory authorities conniving or colluding with the polluters. The statutory authorities are trustees of the people and if their failure results in harm to the citizens or to the environment, the Court/Tribunal has to adopt strict approach to make them accountable so that such action acts as deterrent to prevent further harm.
44.To uphold the Rule of Law and accountability of those who are trustees of environment, it is necessary that the state machinery is required to compensate for their negligence and failure which may act as deterrent against the officers who neglect their basic duty of protecting the environment or colluded with the polluters and law violators. This required not only as a part of Principle of „Polluters Pays‟ which applies not only to actual polluters but also to those who collude with polluters or enable pollution to be caused and also for the negligence of public duties, adversely affecting the citizens. While actual damages may be determined on the basis of objective data, if available, absence of precise data is not a ground not to undertake the excerise of determining such damages based on legal principles, including res ipsa loquitur, having regard to common course of events etc. The environment is priceless. These principles are settled in decisions of Hon‟ble Supreme Court.
.......
51. The Chief Secretaries of all the States have been required to appear in person before this Tribunal on specified dates to report the progress in the said matter along with the progress on other significant issues of environment protection including solid waste management, sewage management, polluted air in cities and polluted industrial clusters.
52. The Chief Secretary of Tamil Nadu has been required to remain present before the Tribunal on 23.04.2019. We direct the Chief Secretary to be ready with the progress in the present matter as well which is impacting large number of inhabitants living in the catchments of these river systems.
53.CPCB may collect holistic data for other stretches comprehensively so that further action to remedy pollution can be effectively taken.
54. We also direct the Committee headed by Chief Secretary which met on 01.02.2019 may continue to meet fortnightly for a period of next three months and thereafter on monthly basis to review the progress in the matter. Quarterly reports may be furnished to this Tribunal on the progress in the matter by e-mail at [email protected].
12. As per the above referred order of the Principal Bench, New Delhi the Committee headed by the Chief Secretary to meet fortnightly for a period of next three months and thereafter on a monthly basis to review the progress of the matter and quarterly report may be furnished to the Tribunal.
13. The River Restoration Project in Chennai represented by the Project Officer has furnished his report dated 25.08.2022 reporting the progress of the Integrated Cooum and Adyar River Eco-Restoration project and Buckingham Canal Restoration project. The report has also mentioned about the various Departments involved in this project and their duties and performance in restoring the rivers by plugging the sewerage outlets mixing with the river water. The said report may be treated as part and parcel of this order.
714. The CMWSSB in their report 24.05.2022 have enlisted the 14 sub- projects which are in progress including the interceptor and diversion work, Modular STPs and Nerkundram UGSS. The work in progress in terms of percentage has been furnished in the report. In respect of works listed in Columns 1 to 11 100% work has been completed. In respect of works listed in Column 12, the Modular STP package 12 at Nungambakkam for 1.2 MLD, the work of 72% has been completed. In package 14 at Langs Garden 44% work only has been completed and at Nerkundram 45% work has been completed. The report further goes to state that on completion of the above works 37 numbers of sewage outfalls into River Cooum will be plugged by CMWSSB.
15. Apart from the above outfalls, the Joint Committee comprising of officials from CMWSSB, PWD, GCC, DTP, CMA and CRRT had inspected the outfalls into the River Cooum from Paruthipattu to its mouth and identified 81 numbers of additional outfalls carrying sewage, of which 20 numbers of outfalls are outside Chennai City. It is stated that those outfalls outside the city limit has to be addressed by the Municipalities and Town Panchayats. Regarding the 61 outfalls within Chennai City, CMWSSB is in process of preparing interception and diversion proposals to the nearest collection system/sewage pumping station as a short term measure and permanent infrastructure strengthening as a long term measure. The DPR will be prepared in a phased manner and on completion of the DPRs appropriate approval will be sought for from the Board.
16. The report has further provided the details of the work under progress. At MGR Nagar, drain-Package 11 has been converted into interception and diversion work. It is stated that on completion of above work, 39 numbers of sewage outfalls into River Adyar within Chennai City will be plugged. The CMWSSB has also completed the underground sewerage scheme for porur. The collected sewage from Porur has to be discharged into the terminal pumping station of Ramapuram SPS. The underground sewage schemes to Manapakkam, Ramapuram and Mugalivakkam are under progress. Once the UGS schemes are complete, the CMWSSB will be providing sewer connections to all the households of these areas in order to prevent the unauthorized letting out of sewage into River Adyar.
817. The mitigation of sewage outfalls in Adyar and Buckingham Canal is concerned, work order has been issued and work is under progress. The CMWSSB has given the list of completed UGS scheme at various places in and around Chennai by providing sewage connections to the households. Once again, the MWSSB has expressed concern over the removal of encroachments along the Buckingham Canal by the PWD and TNUHDB as the CMWSSB is not in a position to take up the interception and diversion proposals along the Buckingham Canal and also due to site constraints for proposals for drains of River Cooum and Adyar. Hence CMWSSB is in process of preparing alternate proposals.
18. All the above work by the various Departments is in pursuant to the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 566 of 2018 and connected matters and the reports by the various Departments regarding action taken and their status are recorded.
19. The beautiful looking water hyacinths are a deadly problem which block the flow of fresh water and result in ideal spot for the breeding of mosquitoes. The spread of water hyacinths outgrow the other flora in water bodies and overtake the fauna leading to suffocation. The physical removal of water hyacinths does not work well. The sewage concentration directly attribute to the thick growth of these water hyacinths. The Pune Municipal Corporation (PMC) has come up with a permanent solution for this. It‟s found that use of bio-enzymes will not only curb the growth of the water hyacinths but will also not affect the acquatic life in the water body. Therefore, we suggest that the Government of Tamil Nadu may coordinate with the PMC and learn the success story of removing the water hyacinths and implement the same in state of Tamil Nadu also. However, in case the technology requires further field testing prior to upscaling or if there is any difficulty in acquiring the technology, the CRRT can explore the possibility of conversion of the water hyacinth into organic fertilizer or utilize the water hyacinth for production of bio-gas, disposable plates etc. The effort should be to treat it as a resource for production of various products and not to treat it as a waste. Once water hyacinth is considered as a resource, there can be a systematic harvesting of the same which will ensure that the bio-diversity of the water bodies is restored and blockage of water ways is eliminated. It may not be out of place to state that several initiatives also being tried in different parts of the country, some 9 of which are found to be successful. It is upto the authorities to examine the different successful initiatives and adopt those initiatives suitable to Tamil Nadu either through the Government agencies or in a „Public- Private Partnership‟ mode.
20. In view of the above, we issue the following directions:
(i) The directions already given by the Principal Bench in O.A. No. 556 of 2018 and connected matters are to be strictly followed.
(ii) The pending work and work in progress as indicated in the report of the CWMSSB dated 24.05.2022 is to be completed as per the time schedule given in the report or before that.
(iii) The CRRT and CMWSSB are directed to carry out the necessary arrangements in this regard before onset of the monsoon.
(iv) PWD, who is the 2nd respondent and TNUHDB are also directed to cooperate in removal of the encroachments along the Buckingham Canal to enable the CMWSSB to complete its project as already the funds have been sanctioned in this regard.
(v) CRRT is directed to implement the direction given in Para 19.
21. With the above directions, the Original Application is disposed.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No. 171/2021(SZ)& O.A. No. 78/2020(SZ) 6th September, 2022. (AM) 10 Before the National Green Tribunal Southern Zone (Chennai) O.A. No. 171 of 2021 & O.A. No. 78 of 2020 Tribunal on its own motion Vs. The Chief Secretary to Govt of Tamil Nadu and Ors.
O.A. No. 171/2021(SZ) & O.A. No. 78/2020(SZ) 6th September, 2022. (AM) 11