National Green Tribunal
Korattur Peoples Welfare Awareness ... vs Government Of India Moef & Cc on 1 July, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.1:- Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No.268 of 2016 (SZ)&
I.A. No. 59 of 2022 (SZ)
IN THE MATTER OF:
Korattur People's Welfare & Awareness Trust
Represented by Mr. S. Sekaran
Founder and Managing Trustee
Registered Office at:
Door No.04, 5th Main Road, Ellai Amman Nagar,
Korattur, Chennai - 600 076.
...Applicant(s)
Versus
Government of India
Rep. by its Secretary
Ministry of Environment, Forests & Climate Change,
Central Secretariat,
Indira Paryawaran Bhavan, Jorbagh Road,
New Delhi - 100 003 and Ors.
...Respondent(s)
For Applicant(s): Mrs. D. Kamatchi and
Mrs. R. Kamala Devi.
For Respondent(s): Mrs. M. Sumathi for R1.
Dr. D. Shanmuganathan for R2 to R5.
Mrs. P.T. Ramadevi through
Mr. RagulAdhithya for R6 to R8.
Mr. Gautam S Raman for R9.
Mr. S. Sai Sathya Jith for R10 & R19.
Mr. R. Saravana Kumar for R11, R13 to R16 & R18.
Mr. O.S. Vijaya Sarathi for R12.
Judgment Pronounced on: 01st July 2022.
Page 1 of 63
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr.Satyagopal Korlapati, EM O.A. No.268/2016 (SZ) I.A. No.59/2022 (SZ) 01st July 2022. Mn.
Page 2 of 63 Item No.1:- Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No.268 of 2016 (SZ)&
I.A. No. 59 of 2022 (SZ)
IN THE MATTER OF:
Korattur People's Welfare & Awareness Trust
Represented by Mr. S. Sekaran
Founder and Managing Trustee
Registered Office at:
Door No.04, 5th Main Road, Ellai Amman Nagar,
Korattur, Chennai - 600 076.
...Applicant(s)
Versus
1) Government of India
Rep. by its Secretary
Ministry of Environment, Forests & Climate Change, Central Secretariat, Indira Paryawaran Bhavan, Jorbagh Road, New Delhi - 100 003.
2) State of Tamil Nadu Represented by Secretary to Government, Environment and Forest Department Secretariat Rajaji Road, Chennai Port Trust, Chennai - 600 001.
3) State of Tamil Nadu Represented by Secretary to Government Public Works Department Fort St. George, Chennai - 600 001.
4) The District Collector of Thiruvallur Collectorate, Thiruvallur Thiruvallur District - 602 001.
5) The Tahsildar Office of Tahsildar Ambattur Taluk Ambattur, Chennai - 600 053.
Page 3 of 636) The Commissioner Corporation of Chennai, Ribbon Building, Sydenhams Road, Periyamet, Chennai, Tamil Nadu - 600 003.
7) The Regional Deputy Commissioner - Central 36 B, II Cross Street, Pullav Avenue, Shenoy Nagar, Chennai - 600 030.
8) The Zonal Officer of Chennai Corporation Zone - 7 (Ambattur) Thiruvallur High Road, Opposite to Dunlop, Ambattur, Chennai - 53.
9) Chennai Metropolitan Water Supply and Sewerage Board Represented by its Managing Director No.1, Pumping Station Road, Chinthatripet, Chennai - 600 002.
10) The District Environmental Engineer Tamil Nadu Pollution Control Board 1st Floor, No.6/1, Sri Jothi Complex, Murugesan Street, Balavinayagar Nagar, Arumbakkam, Chennai - 600 106.
11) Ambattur Industrial Estate Manufacturer's Association Represented by its President 1st Main Road, Ambattur Industrial Estate Chennai, Tamil Nadu - 600 058.
12) M/s. AAVIN Represented by its Joint Managing Director Plot No.29 & 30, SIDCO Industrial Estate Ambattur, Chennai - 600 098.
13) MBI Metallyos (P) Limited Represented by its Managing Director No.84/8, SIDCO Industrial Estate, (Electroless Nickle & Decorative Platers) Ambattur, Chennai - 600 098.
14) Sunrise Electroplaters Represented by its Proprietor, No.246, 10th Street, SIDCO Industrial Estate, Pattaravakkam, Chennai - 600 098.
15) Industrial Rubber ProductsUnit - II Represented by its Managing Director No.239, Karukku Main Road, Kannan Koil, SIDCO Industrial Estate, Ambattur, Chennai - 600 098.
Page 4 of 6316) Hi-Tech Plastomers Represented by its Managing Proprietor, No.236 A, SIDCO Industrial Estate, Ambattur, Chennai - 600 098.
17) Cybele Industries Limited Represented by its Managing Director, No.138, SIDCO Industrial Estate, Ambattur, Chennai - 600 098.
18) R.R. Leather Product Private Limited Rep. by its Managing Director, No.136, SIDCO Industrial Estate, Ambattur, Chennai - 600 098.
19) The District Environmental Engineer Tamil Nadu Pollution Control Board Ambattur, Chennai.
(R19 Impleaded as per Order of the Tribunal dated 01.12.2016)
20) The Commissioner Avadi Municipal Corporation No.391, New Military Road, Vivekanandha Nagar, TNHB Mig V Block, Avadi, Tamil Nadu - 600 071.
(R20 Impleaded as per Order in
I.A. No.50 of 2022 (SZ) dated 15.03.2022)
...Respondent(s)
For Applicant(s): Mrs. D. Kamatchi and
Mrs. R. Kamala Devi.
For Respondent(s): Mrs. M. Sumathi for R1.
Dr. D. Shanmuganathan for R2 to R5.
Mrs. P.T. Ramadevi through
Mr. RagulAdhithya for R6 to R8.
Mr. Gautam S Raman for R9.
Mr. S. Sai Sathya Jith for R10 & R19.
Mr. R. Saravana Kumar for R11, R13 to R16 & R18.
Mr. O.S. Vijaya Sarathi for R12.
Judgment Reserved on: 29th April 2022.
Judgment Pronounced on: 01st July 2022.
Page 5 of 63
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes/No Whether the Judgment is to be published in the All India NGT Reporter - Yes/No JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. This is an application filed by Korattur People‟s Welfare & Awareness Trust regarding pollution caused to the Korattur lake seeking interference of this Tribunal to make Korattur Lake pollution free by giving appropriate directions to the authorities to take action against the person responsible for the same who were arrayed as Respondents No.11 to 18.
2. It is submitted in the application that the applicant‟s trust was started in the year 2015 for the purpose of protecting the rights and welfare of the people residing in Korattur. The Trust Deed was registered as Document No.64 of 2015 of Sub Registrar office, Villivakkam on 13.04.2015. According to the applicant, the Korattur Lake which is situated in Korattur was originally having an extent of 990 Acres and this lake receives rain water and surplus water from Ambattur Lake situated in Ambattur, Chennai. The surplus water from the Ambattur lake will be reaching the said Korattur lake through three water channels which are still existing. The lake is acted as rainwater harvesting system to save rain water and was used for irrigation and drinking purposes in olden days. Fishing activities were also carried out in the lake in olden days. Due to urbanization, cultivation was stopped in the adjacent land situated around the lake and it is being confined for providing drinking water of the residents of North Korattur. Nearly 18,000 houses and 50,000 people are living in North Koratturwho are depending on this lake for their needs. It was not being properly maintained by the official Respondents No.1 to 10 and the area has been encroached by many Page 6 of 63 miscreants. On account of encroachment, 400 Acres have been lost and as on today, it is having an extent of only 594.92 Acres. Many commercial buildings, factories, industries and houses were constructed by the encroachers by encroaching into the lake area. Apart from that people are discharging the untreated sewage and septage into the water body, contaminating the water quality in the lake. On account of encroachment, 10 feet of the lake bund is not available now across the lake and it has shrunken to 2 - 3 feet. Due to non-maintenance of the bund and reduction of the bund area during rainy season, there is a possibility of breach of the bund and consequent flooding in that area. On several occasions, large number of complaints were made to the authorities to remove the encroachment and to protect the water body against pollution, but they have not taken any action. After much persuasion, Respondents No.6 to 8, the then Ambattur Municipality had identified few encroachers and notices were issued to them, but no concrete action was taken to remove the encroachment.
3. It is further alleged that many industries and factories are situated surrounding the lake bund, of which, Respondent No.12 to 18 are some of them. They were generating and emitting dangerous solid waste and effluents causing putrefying smell which contains Lead, Arsenic, Mercury, Iron, Hydrogen, Sulphate etc. and that is being discharged into the lake without proper treatment. Due to this, colour of the water in the lake has become florescent green from blue. It turns oily and become unfit for fish and duck to swim and survive. Three canals which were formed in olden days to carry surplus water from Ambattur Lake were also blocked by miscreants. The pumping station which was put up for treating the effluents let out by the industries situated in Ambattur Industrial Estate is not having sufficient capacity to treat the effluents generated by the industries and it was not in proper working condition as well. Though such a treatment facility was said to have been provided, the same has not been properly functioning and they are continuously using the surplus drain water canals for discharging their untreated effluents which ultimately reaches the Korattur Lake. This has seriously affected the water quality and resulted in large scale health problems for Page 7 of 63 the people in that locality. Though during 2006-2011, the then Ambattur Municipality had provided three water canals, one at North Korattur and two at South Korattur by spending huge public money to supply purified drinking water for the residents of Korattur because of contamination caused to the water, the same could not be used and supplied for drinking purpose. The major portion of the lake is covered with Eichhornia crassipes, Pistia (aquatic plant) which will indicate the nature of pollution caused to the water. Due to this pollution and the presence of aquatic plant, Chironomus plumosus otherwise called as Midges or Bloodworm breeds and spread over the area which affects nearly 1 to 2 Km surrounding the lake bund area. The presence of these insects and its emission causes health problem to the people in that locality. In order to have safe travel, people had to take huge fire stick for their safety from these insects. The lake is not properly maintained which results in growing of water hyacinths and that prevented the ducks using the water. It was understood that during 2014 by Government Order viz., G.O. (3D) No.80 dated 10.09.2014, the 2nd Respondent had allotted sum of Rs.100 Crores for rejuvenation of water bodies/water wetlands in Chennai and other cities, especially Rs.20 Crores allotted for rehabilitation and restoration of Madhavaram, Ambattur and Korattur Wetland complex in Thiruvallur District in the first phase. But no effective steps were taken by Respondents No.3 to 10 to clean Korattur Lake and to prevent pollution being caused to the same.
4. Though various representations have been made to the authorities, no effective steps were taken by them. That prompted the applicant to file this application seeking the following interim as well as final relief:-
―Interim Relief:
(i) To direct the Respondents No.2 to 10 herein to take immediate all necessary actions to prevent the pollution causing in the said Korattur Lake by the industries and factories situated in series nearby the Korattur Lake bund.
(ii) To grant an order of interim injunction restraining the Respondents No.11 to 18 from directly letting the untreated effluents into the Korattur Lake through the canals or in any manner pending disposal of the above application and render justice.
Final Relief:
(i) To pass an order directing the Respondents No.2 to 8 to take appropriate effective steps to restore and maintain the said Korattur Lake pollution free Page 8 of 63
(ii) To pass an order forbearing the Respondents No.11 to 18 from directly discharging the untreated effluents and solid waste into the said Korattur Lake.
(iii) To pass an order forbearing the Respondents No.6 to 9, their men and agents from dumping the garbage and directly discharging the sewage and septic water into the said lake by bringing it through tanker lorries.
(iv) To pass an order by directing the Respondents No.2 to 8 herein to take action and to remove the encroachments in the said Korattur lake area, consequently to widen the said Korattur lake bund across the lake and restitution of the environment as per the manner required by law.
(v) To direct the Respondents No.2 to 10 to remove the stagnation of sewage water in the said Korattur Lake area and to lay the proper sewage pipelines to treat and drain the sewage water in a manner required by law.
(vi) To pass such further or other orders as this Hon'ble Tribunal deems fit in the circumstances of the case and order costs and thus render justice.‖
5. The 3rd Respondent filed reply affidavit contending that most of the allegations made in the various paragraphs do not relate to this respondent. As regards the encroachments are concerned, officials of the Revenue Department are surveying the tank to ascertain the exact number of encroachments, extent etc. and once, they completed the survey and identified the encroachments, a statement on encroachment in Form No.1 and II will be prepared in accordance with the Tamil Nadu Prevention of Tank and Eviction of Encroachments Act, 2007 and the same will be sent to the concerned Assistant Executive Engineer of Water Resources Department for carrying out the eviction process. A preliminary inspection was undertaken by the subordinate officials of this respondent which revealed that no portion of the tank has been encroached by any industries but however, on the basis of the survey, if any encroachment is found, then they will have to take appropriate action to evict them by invoking the provisions of the above said Act. The channel way leading to the inlet points from the industries for letting out the waste water have been completely blocked and bunds have been formed. The aquatic plants have been removed and the tank bund has been strengthened with the grant allotted by the Government as per G.O. (3D) No.80, Environment and Forests (EC2) Department dated 10.09.2014. They also produced certain photographs showing the nature of work undertaken by them to protect the water body. So, they prayed for accepting their contentions and passing appropriate orders.
Page 9 of 636. The 4th Respondent filed counter contending that based on the allegations made in the Original Application, a detailed report was called for from the Tahsildar - Ambattur and the District Environmental Engineer - Tamil Nadu Pollution Control Board, Ambattur.They also reiterated the Order dated 13.12.2016 passed by this Tribunal as follows:-
―The above mentioned matter came up for hearing on 13.12.2016. In our dated 01.12.2016, we have injunction against small scale industries viz., Private respondents from discharging untreated effluents into water body of the area. The said order shall continue. The learned counsel appearing for the applicant would submit that to set over the order, trade effluents were directed to be sent to private patta land with the result, mortality of fish, to a large extent, as exposed in the TV channels as well as newspaper has been reported after such incident. In such circumstances, Hon'ble Tribunal directed the 4th Respondent/District Collector - Thiruvallur along with 5th Respondent/Tahsildar - Ambattur and 9th Respondent/Chennai Metro Water Sewerage Board, 10th Respondent/District Environment Engineer - Ambattur to immediately plug the said passage and report the same on the next date of hearing on 23.12.2016.‖
7. It is further contended that the District Environmental Engineer - Tamil Nadu Pollution Control Board, Ambattur by his letter dated 21.12.2016 submitted that during the inspection, it was revealed that the Public Works Department had blocked the said passage as ascertained and the directions of the Tribunal had been complied with. So, they prayed for accepting their contentions and passing appropriate orders.
8. The 10th Respondent filed counter contending thatAmbattur is an industrial town located at the north west of the Chennai city which falls under the administrative jurisdiction of Tiruvallur District of Tamil Nadu. Ambattur industrial estate is located in Corporation of Chennai, Zone - 7 (Ambattur). Ambattur Lake and Korattur Lake are the two major lakes located within the limit of Chennai Corporation, Zone - 7 (Ambattur). Ambattur Lake is located at south west corner of the Ambattur Corporation area and Korattur Lake is located on the northern side of Ambattur Corporation area. The surplus water discharged from the Ambattur Lake reaches Korattur Lake through the Ambattur lake surplus canal via the SIDCO Industrial Estate, Ambattur. The SIDCO Industrial Estate, Ambattur is spreading over an area of 1167 acres. On the Northern side, the industrial estate is bounded by the Chennai - Arakkonam railway line and the other three sides are surrounded by Corporation of Chennai, Zone-7 (Ambattur). Topographic studies show Page 10 of 63 that the north phase of the estate is sloping towards the northeast (towards Korattur area), whereas the southern phase of the industrial estate is sloping towards the south. The industrial estate has 1,180 industrial sheds and 584 industrial plots. Most of the industries are small scale engineering units and they are carrying out fabrication/machining of auto & industrial equipments. The other typical of industries housed in the estate are Electroplating, Phosphating, powder coating, castings, heat treatment, foundries, forging, garments and electrical equipment etc. Light engineering industries do not involve any water consuming process and there is no generation of trade effluent from these industries. However, industries like electroplating, Phosphating, acid treatment and Garment washing units are trade effluent generating industries which are located both in North and South phase of the industrial estate. Under the Industrial Infrastructure Up - gradation Scheme (IIUS) announced by the Government of India, an industrial cluster comprising of Ambattur, Thirumudivakkam and Thirmazhisai of Thiruvallur District of Tamil Nadu has formed a company named as Chennai Auto Ancillary Industrial Infrastructure Upgradation Company (CAAIIUC). The upgradation and maintenance of the SIDCO Industrial Estate is being carried by M/s. Chennai Auto Ancillary Industrial Infrastructure Upgradation Company at present. It has established two common Sewage Treatment Plants, one with a capacity of 3 MLD for handling the sewage generated from the industrial units housed in the Ambattur Industrial estate (South phase) separately and other with a capacity of 2 MLD for handling the sewage generated from the industrial units housed in the Ambattur industrial estate (North Phase) separately. They had applied and obtained consent to operate separately for the said common STPs provided from the Board which is valid up to 31.05.2016. Sewage generated from the industrial units in the Ambattur industrial estate are connected to the said Common Sewage Treatment Plants for treatment. The effluent generating units have provided individual ETPs for the treatment of trade effluent. The Sewage generated from Thirumullaivoyal, Annanur and Ayyapakkam areas of Tiruvallur District are discharged through storm water drain and reaches nearby Ambattur Lake. Then it flows along with the sewage generated Page 11 of 63 from the Ambattur corporation area such as MKB Nagar, Teachers colony, Dobhi colony, Ramapuram, Alagesan Nagar, Gnanamoorthy Nagar, Pattravakkam, Menambedu, Karukku, Mannurpet, Mangalapuram and then reaches Korattur Lake at downstream which traverse through Ambattur Industrial Estate (North Phase) and flows into the Korattur lake through two culverts one near DTP colony in the western end of the lake and another at Eastern end of the lake. The PWD had taken action for rehabilitation and restoration of Korattur Lake and plugged the said culverts on the Eastern and Western end of the Korattur Lake. So, the waste water from the above said areas find its way through an earthen channel which traverse through Korattur TNHB colony and reaches Otteri Nallah. Further, the Chennai Corporation has now plugged the said earthen channel near the western end of the north avenue road of Korattur south and carrying out the construction of storm water drain under ISWD which comprises of 8 feet width RCC channel i.e. converting the above said earthen drain into RCC channel. Due to the plugging of the above said earthen drain, water was stagnated in the Korattur Eri feeding channel area. As per order dated 01.12.2016, this Tribunal directed the officials respondents to file their status report. The inlet and outlet quality of the water from the STP managed by M/s. Chennai Auto Ancillary Industrial Infrastructure Upgradation Company Limited from March 2016 to October 2016 showed that the parameters analyzed generally satisfied the standards prescribed by the Board except TDS which is in the range of 2218 mg/l to 3066 mg/l as against 2100 mg/l and Chlorides in one occasions 1180 mg/l as against 1000 mg/l. As per the condition of the Consent, they have to reuse the entire quantity of sewage from the Common STP by its member units for greenbelt development on either side of the road and developing park / Avenue trees inside the SIDCO Industrial Estate, after satisfying the standards as prescribed by the Board. As the unit was discharging treated sewage outside the premises leading to Korattur Eri feeding earthen canal, a show cause notice was issued to the said common STP operator vide Proceedings dated 28.10.2016 for not reusing the treated sewage for greenbelt development and other purposes. They furnished a reply to the show cause notice issued. During inspection of the unit on 07.12.2016, it Page 12 of 63 was noticed that all the treatment units of the Common STP were in operation and treated sewage is being discharged outside the premises and reaches Korattur Eri feeding channel area and got stagnated, as the Korattur Eri inlet channel and earthen drain leading to Otteri Nallah were plugged. Further action is being taken against the said unit for the said violation. As regards the 12th respondent - M/s. Tamil Nadu Cooperative Milk Producers Federation Ltd., Ambattur is concerned, it was located at Plot No.29830, Korattur village, Ambattur Taluk and Tiruvallur District and consent was issued to the unit to carryout standardized milk - 9000 T/Month vide Proceedings dated 06.11.1992 valid up to 31.03.1993 and the same was renewed up to 31.03.2017. The unit generates 4.5 KLD sewage and 325 KLD trade effluents. The unit has provided combined Effluent Treatment Plant for the treatment and disposal of sewage and trade effluent generated from the unit. The treated trade effluent is discharged on land for irrigation within the premises. They provided 4 T/hr Boiler - 2 Nos. attached to individual stack of height 30 M each and 275 KVA & 166 KVA DG Set with stack of height 5.2 M & 3.8 M respectively. The unit was inspected on 22.09.2016 and it was found that the unit was not operated properly and treated effluent was not properly disposed on land for gardening / greenbelt development / irrigation, further the unit had installed additional machineries for its expansion activity without obtaining consent from the Board. So, a show cause notice was issued to the unit under the provisions of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 vide Proceedings dated 23.09.2016, for which, they sent a reply and applied for consent of the Board for expansion activity. The unit was again inspected on 07.12.2016 and it was noticed that the unit was in operation, but the ETP was not properly operated, trade effluents were not properly utilized for the purpose mentioned and it was simply stagnating in the premises. The unit was in the process of revamping the existing Effluent Treatment Plant to handle the sewage and trade effluent on account of expansion activity. Further action is being taken against the said unit for the said violations. As regards the 13threspondent - M/s. MBI Metal Alloys Private Limited is concerned, it is located at S.F. No.152, 153/1, 2, Plot No. 84/8, SIDCO industrial estate, Page 13 of 63 Pattravakkam Village, Ambattur Taluk, Tiruvallur District and consent was issued to the unit for carrying out 1. Electroless nickel plating - 12 Lakh sq.Inch/Month, 2. Gold plating -6 Lakh sq. Inch / Month and 3. Electro lacquering - 6 Lakh sq. inch / Month vide Board Proceedings dated 01.10.2004 valid up to 31.03.2005 and same was renewed up to 30.09.2017. The unit generates 0.96 KLD of sewage and 1 KLD of trade effluent. The sewage is discharged into SIDCO underground sewer line for further treatment at the 11threspondent common sewage treatment plant (North Phase). The unit has provided Effluent treatment plant, RO system and elevated solar evaporation pan for the treatment and disposal of trade effluents generated from the unit. RO permeate is reused in the process and RO reject is discharged into Elevated solar evaporation pan to achieve the Zero liquid discharge system. The unit has provided wet scrubber attached to the plating section with stack of height 7.0 M, Polishing section with stack of height 7.0 M and 175 KVA DG set 2 Nos. with attached to stack of height 7.0 M each. During inspection on 05.12.2016 and 07.12.2016, it was found that the unit was in operation, ETP, RO and APC measures provided by the unit were in operation. RO permeate recycled in the process and RO reject disposed through elevated solar evaporate pan. As regards the 14th Respondent - M/s. Sunrise Electroplaters is concerned, it is located in Sy. No.150 Part, 122 Part, Shed No.246 of SIDCO Industrial Estate, Patravakkam Village, Ambattur Taluk, Tiruvallur District and Consent was issued to the unit to carryout
1. Zinc Plating for job work basis - 10 T/Moth, 2. Nickel plating for job work basis - 2 T / Month, 3. Tin plating for job work basis - 2 T / Month,
4. Silver plating for job work basis - 2 T / Month and 5. Copper plating for job work basis - 2 T / Month vide Proceedings Dated 20.10.2015 valid up to 31.03.2016 and same was renewed up to 30.09.2018. The unit generates 0.45 KLD of sewage and 0.15 KLD of trade effluent. The sewage is discharged into SIDCO sewer line for further treatment at the 11threspondent common sewage treatment plant (North Phase). It has provided Effluent Treatment Plant and solar evaporation pan for the treatment and disposal of trade effluent generated from the unit. It has provided wet scrubber attached to stack for the pickling section. The unit was inspected on 07.12.2016 and it was observed that the Effluent Page 14 of 63 Treatment Plant and wet scrubber provided by the unit were not operated properly. So, a show cause notice was issued to the unit vide Proceedings dated 09.12.2016 and they submitted a reply and further action will be taken against the said unit. As regards the 15threspondent unit - M/s. Industrial Rubber Products (Unit II) is concerned, it is located in Plot No. 239, SIDCO Industrial Estate, Ambattur, Ambattur Taluk, Tiruvallur District was issued with Consent to Operate to carry out Rubber hoses for automobile purpose - 600 Nos./Month vide Board Proceedings dated 17.05.1999 valid up to 31.03.2000 and the same was renewed up to 30.06.2016. The unit was inspected on 05.12.2016 and it was noticed that the unit was in operation with expanded activity without obtaining further consent. So, a show cause notice was issued vide Proceedings dated 08.12.2016 and subsequently, the unit had applied for the consent of the Board for the expansion activity to carry out manufacture of 1. Hoses for Automobiles - 500 Nos./day, 2. Rubber master batch - 1400 Kgs/day with sewage generation of 0.4 KLD and trade effluent (Boiler blow down) generation of 0.05 KLD. The sewage generated from the unit is discharged into SIDCO sewer line for further treatment at the 11th Respondent Common Sewage Treatment Plant (North Phase) and trade effluent (Boiler blow down) generated from the unit is discharged into solar evaporation pan. During subsequent inspection of the unit on 19.12.2016, it was found that the unit was in operation, sewage and trade effluent were properly discharged as per the Consent conditions. So, the Consent to Operate was given for expansion activity by Proc. dated 22.12.2016 valid up to 31.03.2017. As regards the 16th respondent unit - M/s. Hi - Tech Plastomers is concerned, it is located at S.F. No.129, Pattravakkam village, Ambattur Taluk, Tiruvallur District and the Consent was issued to the unit to carry out Ball valve - 150800 Nos./Month vide Proc. dated 24.10.2014 valid upto 31.03.2015 and the same was renewed up to 31.12.2017. The unit generates 0.7 KLD of sewage and no trade effluent generated. The sewage generated from the unit is discharged into SIDCO sewer lines for further treatment at the 11threspondent Common Sewage Treatment Plant (North Phase). The unit has provided 140 KVA DG set attached to stack of height 4.50 M. The unit was inspected on 03.12.2018 and during inspection, it was noticed Page 15 of 63 that the unit was in operation and the sewage generated is being discharged into SIDCO sewer line for further treatment and no trade effluent generation from the unit. As regards the 17th respondent unit - M/s. Cybele Industries Limited is concerned, it is located at Plot No. 138, SIDCO Industrial Estate, Ambattur, Chennai and the unit was carrying out manufacture of wire and cables - 1200 coils/day. The unit has not applied consent of the Board. The unit was inspected on 05.12.2016 & 07.12.2016 and during inspection, it was noticed that the unit was operating without consent of the Board and the sewage generated (2.5 KLD) from the unit was discharged into SIDCO sewer line for further treatment at the 11threspondent Common Sewage Treatment Plant (North Phase) and no trade effluent generation was found. A show cause notice was issued to the unit vide Procs. dated 07.12.2016 for operating the unit without valid consent and the unit has not replied to the show cause notice and further action would be taken against the unit for the said violation. As regards the 18th Respondent unit - M/s. RR Leather Products Pvt. Ltd is concerned, it is located at S.F. No. 105pt & 129 pt, Plot No. 136, Pattravakkam village, Ambattur Taluk, Tiruvallur District. They obtained consent for carrying out the manufacture of leather garments - 6850 Pieces / Month. The unit generates 1.9 KLD of sewage and no trade effluent generation from the unit was found. The sewage generated from the unit is discharged into SIDCO sewer line for further treatment at the 11threspondent Common Sewage Treatment Plant (North Phase). They have provided DG sets having a capacity of 45 KVA
- 1No and 125 KVA - 1 No with a stack height of 4.50 and 5.0 M respectively. The unit was inspected on 03.12.2016 and during inspection, it was found that they are discharging the sewage into the SIDCO sewer line for further treatment and no trade effluent is generated. The member units of the 11th respondent - Ambattur Industrial Estate Manufactures Association were inspected on 09.12.2016 & 10.12.2016 and a show cause notices were issued to the erring 15 industrial units under the provisions of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and action was being taken against the erring units. As per the direction of the National Green Tribunal (SZ) dated 13.12.2016, the said site was inspected on Page 16 of 63 14.12.2016 & 21.12.2016 and at the time of inspection, it was noticed that the Public Works Department had plucked both the inlet of Korattur Lake and storm water channel which leads to Otteri Nallah and there was no discharge of water/waste water to Korattur Lake was found. So, they prayed for accepting their contentions and passing appropriate orders.
9. The 8th Respondent filed their counter affidavit contending that the Ambattur Municipality was merged with the Greater Chennai Corporation vide G.O. Ms. No.97 Municipal Administration and Water Supply Department dated 19.07.2011 and thereafter, the administration of Ambattur Municipality has been taken over by the Chennai Corporation. There are two major lakes located within the limits of Zone - VII (Ambattur). They have more or less reiterated the nature of sewage generated and how it is being managed etc. as has been stated by the other respondents. When several complaints were received regarding contamination of Korattur area, they had sent several letters dated 15.11.2014, 21.04.2015, 18.05.2015, 08.07.2015, 14.07.2015, 06.10.2016 and 09.12.2016 to the Branch Manager, SIDCO, Ambattur requesting not to let in any untreated water into Korattur Lake and North Avenue Canal. The Principal Secretary/Commissioner - Greater Chennai Corporation had sent a letter dated 04.05.2015 to the Principal Secretary/Managing Director, TANSIDCO as follows:-
―... During the spot inspection made by the Principal Secretary, Municipal Administration and Water Supply Department, Executive Director (CMWSSB) and Deputy Commissioner (Works) along with Corporation officials on 12.04.2015, it is found that the movement in open drain was not in free flow, and the contents in the drain are black in colour, due to the presence of industrial effluents. Hence, it was decided to communicate the same to the SIDCO officials to take further action in this regard.
Hence, I requested you to take necessary action for the following:
(i) The industrial effluents from Ambattur Estate industries, have to be treated through the Effluent Treatment Plant, as per the Tamil Nadu Pollution Control Board norms.
(ii) The entire SIDCO campus, may be kept free from garbage and industrial waste as it can lead to public health issues...‖
10. They also addressed a letter dated 04.02.2015 to the District Environmental Engineer, Tamil Nadu Pollution Control Board to maintain the Sewage Treatment Plant and plug the illegally constructed drain which leads to Korattur Lake and also to provide proper sewer line to the industries within the SIDCO Industrial Estate and to treat the Page 17 of 63 untreated water in STP. They have plugged the eastern channel near the western end of the North Avenue Canal and also commenced strengthening of the North Avenue Canal under the Tamil Nadu Sustainable Urban Development Project (TNSUDP) and the said work was in progress. So, they prayed for passing appropriate orders. They produced various letters addressed to the SIDCO and other departments along with the counter.
11. The 13th Respondent filed counter contending that they had obtained necessary Consent from the Pollution Control Board for their activities and also authorization under the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 and they were adopting the pollution control mechanism to use their trade effluents and they are a Zero Liquid Discharge unit and the sewage generated was discharged into the SIDCO sewer line for further treatment in the Common Treatment Plant operated by the CAAIIUC. They denied the allegation that they were causing pollution to the Korattur Lake. So, they prayed for accepting their contentions and passing appropriate orders.
12. The 15th Respondent filed counter contending that they had obtained necessary Consent from the State Pollution Control Board for their operation and there is no discharge of effluent from the unit. The sewage generated was being let into the SIDCO sewer line for further treatment at the Common Sewage Treatment Plant operated by CAAIIUC. They denied the allegation that they are discharging trade effluents and sewage into the Eri. They were strictly complying with the conditions and they prayed for passing appropriate orders, accepting their contentions.
13. The 18th Respondent filed counter contending that they had obtained necessary Consent from the State Pollution Control Board for their activity which is valid upto 31.03.2018. They were not generating any trade effluents and the domestic sewage generated was discharged into the SIDCO sewer line for further treatment at the Common Sewage Treatment Plant operated by CAAIIUC. They were complying with the conditions imposed in the Consent and they were not discharging any Page 18 of 63 trade effluent or sewage into the lake as alleged. So, they prayed for passing appropriate orders and accepting their contentions.
14. The 9th Respondent filed counter contending that the Ambattur Municipality was merged with the Chennai Corporation as per Government Order dated 19.07.2011 and thereafter, the maintenance and supply of water in that area was taken over by CMWSSB. The Ambattur UGSS work had been executed as packages viz., Package I to V and out of which, Package I, III & V and Phase II balance work has been completed and commissioned recently. The above work consists of 9 Sewage pumping stations and 7 lift stations with pipeline network in Pudur, Oragadam, Menammedu, Kallikuppam, Varadarajapuram and surrounding areas. Sewage house service connections were being effected in these areas and sewage in the above said places is collected through gravity pipeline to sewage pumping stations and pumped to Koyambedu Sewage Treatment Plant where the sewage was treated and safely disposed in city waterways. The contract for Package II (Package IV is merged with Package II) which was under progress in Mogappair West, Mannurpet, Athipet and ICF colony was terminated due to slow progress and retender has been called for. The UGSS with oxidation pond was developed by Tamil Nadu Housing Board and at present, there is no disposal facility from this system. Three numbers of sewer tanker lorries are engaged for collecting domestic sewage generated from these areas and the same was discharged into sewage pumping station at Mogappair East and further pumped to Koyambedu Sewage Treatment Plant for treatment. The residents in Mogappair West, Mannurpet and Athipet area were engaging private sewer lorries to clean their septic tanks and these sewer lorries are allowed to decant the sewage at sewage pumping station at Mogappair East. They were not discharging any untreated sewage or untreated effluents into the Korratur Lake. So, they prayed for accepting their contentions and passing appropriate orders.
15. The 11th Respondent filed counter contending that the industrial plots of varying sizes were allocated by SIDCO. The industrial estate has small scale engineering units like fabrication, machining and auto industrial works. About 80% - 90% of the units are light engineering units and they Page 19 of 63 are not discharging any trade effluents. The domestic sewage generated from these industries was let into the Under Ground sewerage pipeline of SDICO and it is being treated in the Common STP. The sewage was being treated in the Common ETP and they have engaged M/s. JBR Technologies Private Limited who had established the Common ETP at Sy. No.927/2A (Part) and 928 (Part), SIDCO Industrial Estate, Northern Phase, Korattur with 200 KLD capacity for the purpose of treating the effluents generated from the other industries. They obtained Environmental Clearance from the SEIAA on 16.06.2016 and the capacity is more than sufficient to treat the trade effluents generated within the area and the Common ETP would be operational within three months. The Chennai Auto Ancillary Industrial Infrastructure Upgradation Company (CAAIIUC) has undertaken the treatment of sewage generated in that area. So, they denied the allegation that their member units are discharging the untreated effluents and sewage into the Korattur Lake as well as the water channel and the same was not correct. Their member units were having necessary Consent and authorization under the various environmental laws and they were strictly following the conditions imposed. In fact, the domestic sewage generated from the local area was being discharged into the storm water drain which ultimately reaches the Korattur Eri and it was for the local body to provide necessary UGSS to collect sewage and divert the same to the treatment plant before it is being discharged into any water body. So, they prayed for accepting their contentions and passing appropriate orders.
16. The 14th Respondent filed counter contending that they had obtained all necessary consent/permission/authorization as required under the environmental laws and they have provided all necessary treatment system and it is a Zero Liquid Discharge unit in respect of trade effluent and the sewage generated was being discharged into the SIDCO sewer line for further treatment in the Common Sewage Treatment Plant provided. They are not discharging any sewage outside their unit. They are strictly complying with the conditions imposed. So, they prayed for passing appropriate orders, accepting their contentions.
Page 20 of 6317. The 16th Respondent filed counter more or less reiterating the contentions raised by the other units stating that they had obtained consent and they were strictly following the conditions and they adopted ZLD system as regards the trade effluents was concerned and as regards the discharge of sewage generated is concerned, it was being let into the UGSS pipeline provided by the SIDCO which is connected to Common STP provided by CAAIIUC. They were not discharging the trade effluents or sewage into the water body. So, they prayed for passing appropriate orders and accepting their contentions.
18. The 12th Respondent filed counter contending that they were not discharging any sewage or effluents generated. They got their own ETP and the sewage treatment system. They were running the unit after obtaining necessary Consent from the various departments. They were using the treated sewage water for their purposes. They were strictly complying with the conditions imposed by the State Pollution Control Board and they were not responsible for any damage caused to the environment or pollution caused to the water body. So, they prayed for accepting their contentions and passing appropriate orders.
19. The Tahsildar, Ambattur had filed a status report received by this Tribunal on 22.04.2017 stating that as per order of the Tribunal dated 07.03.2017, based on the news item published on 21.12.2017 wherein it was alleged that untreated water collected in the lorries were decanting in Korattur lake, directed the Revenue Inspector from Taluk Office to take immediate action and file a status report regarding the same. Accordingly, Tahsildar - Ambattur along with the Revenue Inspector and the Village Assistant, Korattur inspected the Korattur Lake on 21.12.2017 and found that the lake was maintained by the Public Works Department and there was a proposal to use the lake for recreation/boating. As such, the Public Works Department, during 2014-15 cleared the hyacinth and other weeds and raised the bunds, cleared the water channels which bring surplus water from the nearby area. The Public Works Department is continuously clearing the weeds in the lake. They denied the allegation that untreated sewage is being let into the Korattur Lake. The Public Works Department had already raised the bunds and stopped the water Page 21 of 63 inflow through the channel coming from Pattravakkam by obstructing the said channel by filling up earth and sand and there is no possibility of discharge of untreated sewage into the lake through that channel. The Revenue Inspector, Korattur and his subordinates were directed to keep vigilant around the lake and to follow up the matter as directed by this Tribunal to prevent the miscreants from decanting the untreated sewage into the lake and if such things are found, seize the tanker lorries and take appropriate action against them. Public were also requested not to do any act affecting the water quality. They also produced certain photographs showing the nature of work done for removal of weeds and hyacinth by the Public Works Department.
20. The 9th Respondent filed further report received by this Tribunal on 03.10.2017 showing the further progress of providing UGSS wherein they have stated that they provided sewage connection for 2,305 houses in Division No.79, 80, 81, 82 & 85 under Phase - I and as regards Phase - III (Package I) was concerned, they had mentioned that the same had been completed and it is put to use for the public from 24.10.2014 and by virtue of this package, 674 house service connections were provided in Division No.87, 88, 89 & 91. As regards Phase III (Package III) is concerned, they have given the connection to 2,046 houses in Division No.83 and as regards Phase - III (Package V) is concerned, the same had been completed and put to use by public from 18.12.2014. As regards Phase - III (Package II) is concerned, certain steps had been taken and since the work was not in progress as intended, contract was terminated and retender was floated in respect of the same and expected to be completed by June 2019. So, they prayed for passing appropriate orders, accepting their contentions.
21. The Tamil Nadu Pollution Control Board (Respondent No.19) has filed status report dated 13.10.2017 regarding the steps taken by them against the industrial units in the SIDCO Industrial Estate, Ambattur. They had mentioned that as per the Board‟s Circular vide B.P. No.5 dated 02.08.2016, no „White‟ Category industries were expected to obtain Consent, but they had to intimate to the Pollution Control Board regarding their establishment. Out of 998 units in the North phase, only Page 22 of 63 260 units were having consent and 113 units had not applied for Consent to Operate and operating the unit without consent and 615 units were falling under „White‟ Category, for which, no consent was required. But those industries were advised to confirm and declare to the Board about their activity as per the circular issued. Against 61 units which had not obtained consent, directions had been issued including closure and stoppage of power supply under Section 33 A of the Water (Prevention and Control of Pollution) Act, 1974 and 31 A of the Air (Prevention and Control of Pollution) Act, 1981 and steps would be taken against remaining units as well. As regards the South phase of the industrial estate was concerned, there are 608 units, of which, 154 units were having consent and 43 units were running without consent. 355 units were falling under „White‟ category, for which, no consent was required and 56 units were closed. In respect of 43 units which were operating without consent, notices had been issued and action would be taken after considering their replies.
22. The 9th Respondent (CMWSSB) and 19th Respondent (TNPCB) have filed various reports regarding the progress of the work taken by them for providing UGSS and also regarding the industries and the action taken respectively.
23. The matter was admitted on 01.12.2016 and various directions were issued to different departments regarding the allegations and steps taken by them and the same were considered and number of further directions had been issued.
24. Vide Order dated 12.12.2019, after considering the various orders passed till then and also dissatisfied with the steps taken and also various newspaper reports projecting the issue of pollution being caused to the lake, this Tribunal appointed a Joint Committee comprising of(i) Principal Secretary for Urban Development Department, (ii) Secretary, Public Works Department, (iii) District Collector, Chennai, (iv) Commissioner, Greater Chennai Corporation, (v) Senior OfficerfromChennai Metropolitan Water Supply & Sewage Board, (vi) Senior Scientist/ Senior Officer from Central Pollution Control Board, (vii) Senior Officer/Senior Page 23 of 63 Scientist from Tamil Nadu Pollution Control Board and (viii) Indian Institute of Technology (IIT), Chennai to consider the question involved in the matter and prepare an action plan to find a permanent solution for the issue and execution of the same with shorter timeline.
25. The Joint Committee was directed to go into the question of all problems on account of the discharge of untreated sewage and other trade effluents into the lake, particularly Korattur Lake and find out the deficiencies in the system and prepare an action plan to resolve the issue and execute the same with shorter timeline as far as possible and submit a report to this Tribunal within a period of six months. The Tamil Nadu Pollution Control Board was also directed to inspect the industries, including the „White‟ category industries in that area and find out whether any violation is committed by them and if so, what is the nature of action taken. If any upgradation is required on account of pollution load in that area, they were also directed to take steps to change the category of those units which claims to be „White‟ Category units and bring them under the consent mechanism, if it is required. The committee was also directed to go into the question regarding the damage caused to the environment on account of the unbridled discharge of sewage and trade effluents and the remedial measures to mitigate the damage caused to the environment and restore the same to its original position and if any individual violations were found, assess the environment compensation and recover the same from those persons applying "Polluter Pays" principle and submit a report in this regard as well. The applicant and the association of industries and other stakeholders were directed to submit their suggestions to remedy the situation before the committee and the Joint Committee was directed to consider those aspects and prepare a comprehensive action plan to remedy the situation.
26. The State Pollution Control Board was also directed to consider the BOD, COD and Faecal Coliform present in the water in that area in order to ascertain the quality of the water and found out whether they were complying with the norms and whether the existing system was adequate to meet the situation. If not, provide alternate mechanism to meet the condition or standardisation of the STP to meet the situation. They were Page 24 of 63 also directed to consider the criteria to ascertain the presence of dangerous metals, if any, which are likely to affect the human health. The Tamil Nadu State Pollution Control Board was designated as the nodal agency for coordination. If the Principal Secretaries were not able to attend personally, they were given liberty to nominate an officer not below the rank of Additional Secretary, who was well versed with the matter. The Chief Secretary was directed to monitor the same and intervene, if there was any necessity required and issue necessary directions/instructions in this regard for the purpose of preparing an effective action plan. The Joint Committee was directed to file an interim report regarding the progress and the action taken within three months.
27. The matter was taken up on 19.11.2020 and on that day, this Tribunal had considered the Joint Committee report e-filed on 17.10.2020 which was extracted in Para (3) of the order, where they have provided short-term and long-term plan to be carried out by each stakeholder viz., CMWSSB, GCC, Avadi Municipal Corporation (then Avadi Municipality), PWD and Revenue Department and they had given the summary and conclusion at Para (11) of the reportwhich reads as follows:-
"11. SUMMARY AND CONCLUSION As per the Hon'ble NGT direction dated 12.12.2019 and 27.02.2020, the TNPCB has communicated a letter to the line departments to nominate the members. Also the TNPCB has requested the Government for constitution of joint committee for preparation of action plan for restoration of Korattur Lake as per the Hon'ble NGT order dated 12.12.2019 and the Government vide GO.No.78 dated 01.06.2020, Environment and Forests (EC-1) Department has constituted the joint committee.
The first joint committee meeting was convened on 30.12.19 and subsequent meetings were convened on 05.02.2020, 13.02.2020, 19.02.2020, 15.07.2020 to finalise the short term and long term action plans of respective line departments for restoration of Korattur Lake.
The joint committee has visited the Ambattur Lake, Ambattur Lake surplus canal, Korattur Lake on 10.01.2020 and ascertained the status of disposal of domestic sewage from households located in the upstream of the Korattur Lake and industrial sewage from Ambattur SIDCO industrial estate, TASS industrial estate, Patavatamman estate and Tiny shed into Korattur Lake and also ascertained the status of disposal of trade effluent generated from the industries located in Ambattur SIDCO industrial estate and private industrial estates into Ambattur Lake surplus canal and Korattur Lake.
During inspection on 10.01.2020, the petitioner was presented along with team and the committee also obtained the suggestions from Korattur People's Welfare & Awareness Trust and included their suggestions in the action plans.Page 25 of 63
Further, there are 28 number of water and mixed solid samples were collected on 10.01.2020, 11.02.2020 and 02.03.2020 to assess the heavy metals and other parameters such as pH, DO, COD, BOD and Faecal Coliform present in the samples.
The following measures are arrived for restoration of Korattur Lake from the action plans submitted by the respective stakeholders. Avadi Municipal Corporation:
The Avadi Corporation has provided the Under Ground Sewer System (UGSS) at Ward No.10, 11, 12, 14 and the trail run carried out by CMWSSB is under progress. After completion of trail run, the connections of houses sewer line with UGSS will be given by the Avadi Corporation.
Due to COVID-19, the Avadi Corporation is not able to proceed any work at ward no. 3,6,7,8,9,11,13,15,16,17,18,19,32,36 & 48 because it comes under cluster of Containment Zone. The detailed project report has been prepared and submitted for administrative approval for 4993 connections which includes Ward No.10, 11, 12, 14 (3571 houses connection) with the estimate cost of Rs.560 Lakhs. After getting the administrative sanction, the Corporation will be placed the tender for house service connections and the work will be started after COVID-19 pandemic as per Govt. Guidelines. The preparation of Detailed Project Report (DPR) has been completed by Tamilnadu Water Investment Company Ltd for UGSS left out area such as ward no.9 and Annai Sathya Nagar, Periyar Nagar, New Anna Nagar and the land identification for pumping station and sewage treatment plan is under progress. After completion of land identification, the detailed project report with cost will be prepared by Tamilnadu Water Investment Company for further approval. The entire project period will be completed on or before 2025. The corporation has planned to construct five numbers of collection tanks to collect all the grey water generating at Annai Sathya Nagar, Periyar Nagar and New Anna Nagar area and dispose the same through Sullage water removal vehicle and this temporary measure will be started after completion of COVID-19.
No discharge of sewage into Ambattur Lake after completion of UGSS for above said wards and areas by December 2025.
Greater Chennai Corporation The Greater Chennai Corporation (GCC) has already started the door to door collection of municipal solid waste from households located around the Ambattur Lake surplus canal and collection of solid waste from Private Industrial Estates and Ambattur SIDCO industrial estate except hazardous waste.
The wastes are being disposed to Athipet Dump Yard of Greater Chennai Corporation for further handling and management as per Solid Waste Management Rules, 2016.
The rectification of damaged sewer line in North SIDCO industrial estate was completed by GCC and the rectification of damaged sewer line in South SIDCO industrial estate by GCC is under progress and it will be completed before 15.10.2020 and after that sewage will be discharged to CSTP located in Ambattur SIDCO Industrial Estate for further treatment and disposal. Chennai Metro Water Sewerage Supply Board:
The CMWSSB has provided the UGSS at Ward No.81, 82, 85 and connection of houses sewer line are under progress and it will be completed before 31.12.2020.
Provision of UGSS at ward no.79 to 83,84,85,86,87,88,90,92,93 is under progress and will be completed along with houses sewer line connection before 31.12.2021.
The preparation of Detailed Project Report (DPR) is under progress for providing UGSS to the left out area such as AnnaiSathiya Nagar (D/86), Sivanandha Colony (D/85), MKB Colony (Depot 85/Ward 85), Patavatamman Estate and Tiny shed / Depot 84/Ward 84and will be completed along with houses sewer line connection before 31.12.2022. The discharge of sewage into Ambattur Lake surplus canal and Korattur Lake will be controlled after completion of short term and long term action plan work by CMWSSB.
Page 26 of 63 One of the suggestions of Korattur People's Welfare & Awareness Trust is to provide STP at PWD land near Korattur Lake for treatment of sewage. The installation of STP at PWD land is not required after completion of CMWSSB action plans because all the sewage generated in this area will be collected and pumped into STPs located at Kodungaiyur & Koyambedu for treatment and disposal.
Public Works Department The construction of Regulator arrangement in DTP colony inlet, Ondiveeran Koil inlet, Weir-2 near North Avenue of Korattur Lake will be completed before March 2021 so as to regulate the rain water.
Providing of Fencing arrangements for 2930 Meter length in the Existing RCC retaining walls in Ambattur Surplus channel to curtail the illegal dumping of solid waste will be completed on or before March 2021 Providing RCC wall with Fencing arrangements on both side of the DTP Colony Channel which leads to Korattur Lake will be completed before April 2022 Removal of hyacinths, weeds, floating materials and desilting of Ambattur Surplus Channel from Ambattur Lake to Korattur Lake by PWD every year. Proposed to provide wall with fencing arrangements and foreshore bund along the foreshore boundary of Korattur Lake to curtail the encroachments and illegal dumping of solid waste. Proposed to remove the top soils in the areas of sludge formation found in eastern side of Korattur tank and desilting the Korattur Lake and forming of inland island inside the Lake and the entire work will be completed before April 2022 The Korattur Lake is having an extent of nearly 590 Acres and nearly seventy five percent of land area covered by Hyacinths, Prosophis, juliflora, weeds and floating material etc., except the natural species. The removal of Hyacinths, Prosophis, juliflora, weeds and floating material will be carried out by PWD once in two years. The Hyacinths, weeds, floating materials and Prosopis Juliflora had been cleared by PWD in the year 2019. TANSIDCO / CAAIIUC:
The TANSIDCO has proposed to improve the green belt along the roads in Ambattur SIDCO industrial estate.
The Mixed Solid waste dumped in SP Sector-1 Tiny sector near 15th street, Ambattur Industrial estate will be removed before 30.09.2020 CAAIIUC has engaged M/s.Quality Business System for Collection of Hazardous Waste generated in Ambattur Industrial Estate and already allotted and handed over 5000 sq.ft shed with impervious flooring Collection facility for both South & North phase for SIDCO holders, Currently are collecting from 404 units to a tune of 534 tons per year and within a period of 6 months all the hazardous waste generating units will be covered.
CAAIIUC has provided the new sewer connection for 54 units and the sewer line connection for remaining 175 units will be completed within two months after lockdown.
The standards prescribed for treated sewage discharge into water bodies at Mega & Metropolitan Cities by the Hon'ble NGT order dated 30.04.2019 in OA.No.1069/2018 will be achieved by 3MLD and 2MLD CSTPs with effective operation and maintenance of all the components of CSTPs. CAAIIUC has identified the mobile Coolant Filtration Machine and Tramp oil Separator for reuse of coolant oil water and the trial run has been done in 3 units and the units are satisfied with the result oriented. New vehicle is arranged to visit individual industry on daily basis which requires coolant filtration service in SIDCO Industrial estate and due to this the discharge of water based coolant oil in sewage is controlled.
The results of sludge analysis reveal the presences of heavy metals in both CSTPs sludge samples which indicate that the electroplating industrial effluents were discharged with raw sewage. CAAIIUC will be disposed the accumulated sludge from both CSTPs to TSDF, Gummidipoondi on or before 27.10.2020.
CAAIIUC is proposed to Increase green cover in Industrial Estate to use treated water to plants and also to units for flushing Page 27 of 63 The discharge of industrial sewage into Ambattur Lake surplus canal will be sent to CSTPs for further treatment and disposal after providing sewer line connection in unsewered industrial area by April 2022.
M/s. JBR Technology Pvt. Ltd (CETP) From the analysis of sewage samples collected at CSTPs in both North & South Phase are reveals that no presence of the heavy metals, which shows that no disposal of trade effluent from electroplating and allied industries to CSTPs sewer line.
The CETP is collecting trade effluent generated from the electroplating units regularly for further treatment and disposal.
The CETP has started to execute the works to resolve the issues mentioned in their action plan. The complete recycling of treated water into electroplating industries will be achieved once their action plan is completed by December 2020.
TASS Industrial Estate:
The TASS industrial estate has completed the works mentioned in their action plan. No dumping of mixed solid waste (municipal solid waste and hazardous waste) inside the TASS industrial estate.
Tamilnadu Pollution Control Board The Hon'ble NGT (SZ) order dated 12.12.2019 has directed the Tamil Nadu Pollution Control Board to inspect the industries, including the white category industries in that area and find out whether any violation is committed by them. If there is any violation, they will have to take appropriate action to abate the same and if any upgradation is required on account of pollution load in that area, that also will have to be considered by the State Pollution Control Board and appropriate change of category will have be restored and it will have to be brought under the consent mechanism, if it is required.
TNPCB has formed special team consisting of 10 Engineers to carry out inspection of industries from 2.1.2020 and totally 2976 units have been inspected.
Out of these 2976 industries, 784 industries have applied and obtained valid consent, 255 no of industries have closed and vacated their premises, 197 sheds are godowns, 784 no of industries categorised under white category as per BP.No.06 dated 02.08.2016 and 956 units brought under green category based on pollution index.
Water samples are regularly collected in Ambattur surplus canal, Ambattur Lake, Korattur Lake and CSTPs to verify the value of BOD, COD and Faecal Coliform.
Environmental Compensation levied by TNPCB The 153 number of defaulting industries furnished by the DEE, TNPCB, Ambattur shall remit the interim environmental compensation of Rs.1,09,69,500/- to TNPCB for their violations. The TNPCB already levied the environmental compensation of Rs.10.35 lakhs for discharged partially treated/untreated effluent into Ambattur Lake surplus canal and the penalty of Rs.29 Lakhs for violation towards the provisions of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 for the unit of M/s. TI Cycles of India, Ambattur Village, Ambattur Taluk, Chennai District and the same was remitted by the unit and furnished the action plan to comply with the direction by October 2020.
Joint committee recommendation for removal of heavy metals From the results of analysis of soil samples collected at various locations in Korattur Lake, it was found that the heavy metals are present in the top soil. The PWD shall collect the top soils in eastern side of Korattur Lake while desilting and stored separately. The top soil shall be disposed or utilized accordingly after assessment and remediation if any required for the soil after preparation of Detailed Project Report through an expert by Public Works Department.
Intervention of Chief Secretary to Government, Government of Tamilnadu As per the Hon'ble NGT order dated 12.12.2019, the Chief Secretary to Government has conducted the meeting on 03.01.2020 and instructed all the stake holders to prepare short term and long term action plan, so as to restore the Korattur Lake.
Page 28 of 63 The Chief Secretary to Government has conducted the meeting on 08.09.2020 and reviewed the action plan furnished by the all the stake holders, Joint Committee reports and instructed all the stake holders to implement the action plan within scheduled time so as to restore the Korattur Lake. The Chief Secretary to Government instructed that the natural flow shall get facilitated by completion of the action plan by all the stakeholders which will also ensure good quality of water that goes into the Lakes.‖
28. Thereafter, this Tribunal had passed the following order:-
"4. It is mentioned in Para 11 of the committee's report the work that has been entrusted to each stakeholders for the purpose of meeting the situation in an effective manner. It is seen from the report that considerable work has been done, on the basis of the directions given by this Tribunal, by the concerned stakeholders for the purpose of protecting the water bodies against the encroachment and pollution. But still some more work has to be completed and unless such work is completed in a war-footing, the effort so far taken by them will be nullified and they will have to continue to proceed with the projects undertaken by them to implement the schemes launched by them for this purpose effectively and quickly as well.
5. It is seen from the report that certain work that has been started has come to a standstill due to the impact of Covid-19 but situation has changed now and people have become effective in their work. So, they can restart their work with the same zeal and see that the work is completed in a shorter time line and not take time till 2025. The environment cannot be allowed to be polluted for such a long time as it will have a greater impact on health of the people. Priority must be given in carrying out the work which is required for the purpose of protecting environment apart from fulfilling their other statutory obligations of providing other facilities to the people.
6. It is also seen from the report that Pollution Control Board has also taken certain steps against the erring industries including imposition of environmental compensation.
7. It is also seen from the report that result of the analysis of soil at various locations in Korattur Lake, the presence of heavy metals were noted, especially Chromium and Zinc in a higher level. Though, it is seen from the water analysis report that there is some improvement in the quality of the water but steps will have to be taken for further improvement of the same to make it potable level.
8. Further, it is mentioned in the committee's report that they wanted the intervention of the Chief Secretary of Government of Tamil Nadu in certain aspects to quicken the implementation of the action plan that has been proposed by each stakeholder.
9. The learned counsel appearing for the industrial estate submitted that they have not received the copy of the report. In fact, the report was filed in the month of October 2020 and it was uploaded in the website of the Tribunal. They could have downloaded and perused the same. However, when the nature of progress that has happened after filing of the report was asked for, the counsel representing the committee as well as the individual regulating authorities submitted that if some time is granted, they will come with a progress report. We are aware that it is a long term process as things were not happening in a happy manner for a long time and in order to rectify those things in a right way, they may take some more time. But at the same time, no lethargic attitude should be shown by the stakeholders in implementing the scheme which they have launched and they must show all earnest attempt to complete the work so as to make the Korattur Lake free from pollution and encroachment and create an eco-friendly environment in that area so as to make the life of the people happy and healthy.
10. The learned counsel appearing for the applicant submitted that though earlier the unauthorized sewage connections were blocked and also the electricity connections were disconnected in respect of certain industries but due to political pressure, the same have been opened and the unauthorized industries are still working with the same method of discharge as was been done earlier causing pollution to the river.
11. It is also seen from the subsequent newspaper report published in The Time of India dated 10.12.2019 that the sewage is being let into the Korattur Lake.Page 29 of 63
12. The learned counsel appearing for the applicant also showed some photographs taken by the residents of the locality which showed the pathetic contaminated condition of the water on account of discharge of untreated effluents into those drains by the industrial units.
13. The Pollution Control Board as well as the committee are directed to look into these issue as well and incorporate the action taken in respect of the same to remove the contaminated water and steps taken to improve the water quality in the areas affected by the same and action taken against those persons who are responsible for such illegal activities in the report to be filed.
14. The committee as well as the respective stakeholders namely, Tamil Nadu Pollution Control Board (TNPCB), Industrial Estate, Avadi Municipal Corporation, Greater Chennai Corporation, Chennai Metropolitan Water Supply Sewerage Board (CMWSSB), Public Works Department (PWD), CETP operator and Additional Secretary, Municipal Administration and Water Supply Department, State of Tamil Nadu, Member Secretary, Public Works Department (PWD), State of Tamil Nadu to submit their further progress of the work, action taken and further proposal for improving the situation within shorter time line required for completion of the same in an effective manner on or before 17.02.2021.
15. The Registry is directed to communicate this order to members of the committee and other officials mentioned above by e-mail immediately so as to enable them to comply with the direction.‖
29. The matter was again taken up on 18.03.2021 on which date this Tribunal had considered the report submitted by the Tamil Nadu Pollution Control Board signed by one of the officer on 08.03.2021, e-filed on 16.03.2021 extracted in Para (4) of the order and thereafter, passed the following order:-
"5. It is seen from the report that none of the industries in the industrial estate are discharging the trade effluents and even the ―White Category‖ industries have entered into some arrangement with a Common Effluent Treatment Plant provided within the industrial estate.
6. It is also mentioned that the unauthorized discharge of sewage into the canal is to be curtailed to avoid contamination of Korattur lake, for which, the CMWSSB has to implement and complete the unsewered area in the surrounding locality from where the sewage is disposed of into the canal with sewer connectivity at the earliest.
7. This Tribunal had by the order mentioned above directed the concerned departments including the local authority and CMWSSB to file their further progress report regarding the work that they have undertaken for this purpose. But no such report is seen filed so far.
8. However, the learned counsel appearing for the State departments submitted that in view of the declaration of election in the State, all the officials are busy with the same and they want some more time to submit the report and it may be posted beyond the polling date, so that they can come with the appropriate report.
9. So considering the circumstances, we feel that some more time can be given to the authorities to file a further progress report regarding the work that they have undertaken on the basis of the recommendations of the Joint Committee to avoid discharge of untreated sewage into the water body and protect the water today against pollution.
10. So, the authorities mentioned in the order dated, 19.11.2020 are directed to file a further report as directed on or before 20.04.2021 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.
11. If the applicant wants to file any objection to the report submitted by the Pollution Control Board, they are also at liberty to file the same before the next hearing date.‖ Page 30 of 63
30. The matter was again taken up on 24.06.2021 and on that day, this Tribunal had considered the report submitted by the 9th Respondent dated 25.05.2021, e-filed and received on the same day, extracted in Para (5) of the order and then, this Tribunal passed the following order:-
"6. It is seen from the report that certain works have been done by the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) and they have mentioned that the plugging of Domestic Sewage Outfalls into the Korattur Lake in certain areas will be completed by 30.06.2021 by connecting the same to the regular sewage lines under ‗Illam Thorum Innaipu' scheme and certain works are expected to be completed by December-2021 and December - 2022 respectively.
7.The learned counsel appearing for the applicant submitted that the temporary measure of diverting the sewage from certain wards to the dumping station and thereafter, to the treatment plants are not effective as claimed by the Board and in fact, clandestinely this is being discharged into the lake, thereby, affecting the water quality. Further, the effluent that is coming from the industries adjacent to the lake area is also not properly monitored and they are also discharging the same into the drain which ultimately reaches the lake.
8.The learned counsel appearing for some of the industries submitted that there is no discharge of untreated effluents from the industrial estate and the Pollution Control Board is regularly making inspection and monitoring the same.
9.However, considering the circumstances and also to ascertain the present status, we direct the Joint Committee to inspect the area in question again and submit the nature of progress of work that has been done in that area and whether the steps taken by the regulators are sufficient to avoid discharge of effluents/sewage into the Korattur Lake.
10.The committee is also directed to ascertain the water quality and also the sediments from the lake, so as to ascertain as to whether there any heavy metals or other industrial effluents are mixing with the water in the lake.
11.If on analysis of the sediments from the lake shows presence of any industrial effluents, then the committee is also directed to take steps against the concerned industries who are responsible for the same and they must suggest the remedial measures to remove the same and the expenses required for this purpose have to be realized from the responsible industries who have caused the mischief. The committee is also directed to take the sediment samples from the Ambattur Lake excess of water which is likely to reach the Korattur Lake as well.
12.The applicant as well as the 11th respondent are directed to submit their suggestions and objections, if any, regarding the work so far taken before the committee within a week, so that, the same may also be considered by the committee while submitting the report as directed by this Tribunal. The authorities must take into account the fact that the monsoon is approaching and all necessary steps to prevent mixing of sewage & other effluents into the lake have to be completed before the onset of monsoon.
13.The Tamil Nadu Pollution Control Board is also directed to file an independent report regarding the progress of the work done and whether any improvement has been caused in preventing the discharge of industrial effluents and domestic sewage into the water body and quality of the water in the lake.
14.The Greater Chennai Corporation is also directed to submit a detailed report regarding the steps taken by them to protect the water body, as it is within their maintenance and supervision.
15.The Committee as well as the Tamil Nadu Pollution Control Board, Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) and the Greater Chennai Corporation and the Public Works Department are directed submit their respective reports as directed on or before 12.08.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
16.The Registry is directed to communicate this order to the members of the committee, Tamil Nadu Pollution Control Board, CMWSSB, Public Works Page 31 of 63 Department and the Greater Chennai Corporation, apart from communicating this order to the Chief Secretary, Principal Secretaries for Environment, PWD & WRD, Irrigation and Additional Chief Secretary to Municipal Administration and Water Supply by e-mail immediately for their information and also for supervision of implementation of the directions issued by this Tribunal within a shorter time line by providing necessary technical as well as financial support for this purpose, if any required.‖
31. The matter was again taken up on 04.10.2021 and on that day, this Tribunal had considered the Joint Committee report dated Nil, e-filed on 01.10.2021 and extracted in Para (3) of the order. After considering various action plan and remarks, the following conclusions were made by the Joint Committee which reads as follows:-
―6. Conclusion with respect to Hon'ble Tribunal order Para 9 - However, considering the circumstances and also to ascertain the present status, we direct the Joint Committee to inspect the area in question again and submit the nature of progress of work that has been done in that area and whether the steps taken by the regulators are sufficient to avoid discharge of effluents/sewage into the Korattur Lake.
Status of work progress is reviewed by the committee, the works are being executed by individual departments/stake holders, except Avadi Corporation, where no significant physical progress in the field level is observed. Whereas, the delay in target timeline is observed due to COVID situation.
In addition to the short term & long term action plan, all the stakeholders involved in the control of sewage pollution, shall explore possibilities if any for providing the collection sump provision for collection of untreated sewage through tankers/ pumping and sending to STP for treatment, until completion & connection of UGD system Para 10 - The committee is also directed to ascertain the water quality and also the sediments from the lake, so as to ascertain as to whether there any heavy metals or other industrial effluents are mixing with the water in the lake and Para 11 - If on analysis of the sediments from the lake shows presence of any industrial effluents, then the committee is also directed to take steps against the concerned industries who are responsible for the same and they must suggest the remedial measures to remove the same and the expenses required for this purpose have to be realized from the responsible industries who have caused the mischief. The committee is also directed to take the sediment samples from the Ambattur Lake excess of water which is likely to reach the Korattur Lake as well.
Based on the analysis report, it is concluded that presently no industrial effluent is mixing with the lake water. The heavy metal concentration in the lake sediments are well below the Screening levels (Agricultural) prescribed by the MoEF vide "Guidance document for assessment and remediation of contaminated sites in India" Volume-11 --Standards and Checklists. So the sediments may be used as manure for agriculture purpose Para 12 - The applicant as well as the 11th respondent are directed to submit their suggestions and objections, if any, regarding the work so far taken before the committee within a week, so that, the same may also be considered by the c o m m i t t ee whi l e sub m i t t i ng t he r epor t as di re ct e d b y t hi s T ri b u nal . T he authorities must take into account the fact that the monsoon is approaching and all necessary steps to prevent mixing of sewage & other effluents into the lake have to be completed before the onset of mon soon.
Suggestions submitted by the applicant & 11 th respondents were considered by the comm i ttee and the poi nt wise reply/comments are given in section 6.1 & 6.2 r espe ct i vel y f or f urt he r di re ct i o ns of H on' b l e T ri b u nal .‖ Page 32 of 63 62
32. This Tribunal had also considered the report submitted by the Tamil Nadu Pollution Control Board dated Nil, e-filed on 02.10.2021 and extracted in Para (4) of the order wherein they had more or less reiterated the observations and studies mentioned in the Joint Committee report and as such, we are not extracting the same and thereafter, this Tribunal had passed the following order:-
"5. It is seen from the reports that certain works will have to be done by the Avadi Corporation from where also untreated sewage is being let in to the Korattur lake which causes pollution. So under such circumstances, we feel that it is necessary to implead the Avadi Corporation also as a party to the proceeding. So, the applicant is directed to take steps to implead the Avadi Corporation represented by its Commissioner also as a party to the proceeding, as no directions can be issued against them without hearing their part on these aspects.
6. In the meantime, we direct the Commissioner, Avadi Corporation to file their action taken report in respect of steps taken by them to avoid discharge of untreated sewage into the Korattur Lake which is the subject matter of this case.
7. The Additional Chief Secretary for Municipal Administration and Water Supply and also the Director of Municipal Administration are also directed to look into the issue and come with an action plan with a shorter time line for remedying the situation in an effective manner.
8. The 9th respondent is also directed to file a status and progress report regarding the construction of wells which they have undertaken for the purpose of collection of untreated sewage being generated in Avadi area till the Under Ground Sewage System (UGSS) is completed before the next hearing date.
9. The above said officials are directed to submit their respective reports to this Tribunal on or before 28.10.2021 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.
10. The Registry is directed to communicate this order to the members of the committee, Tamil Nadu Pollution Control Board, CMWSSB, Public Works Department, Commissioner, Avadi Corporation and the Greater Chennai Corporation, apart from communicating this order to the Principal Secretaries for Environment, Additional Chief Secretary for Public Works Department and Additional Chief Secretary, Municipal Administration and Water Supply by e- mail immediately for their information and compliance of the directions.‖
33. The matter was again taken up on 15.03.2022 and on that day, this Tribunal had impleaded the Avadi Municipal Corporation which was originally known as Avadi Municipality then upgraded as Corporation as per order in I.A. No.50 of 2022 (SZ) as Respondent No.20. Further, on that day, this Tribunal had also considered the report submitted by the 9th Respondent - CMWSSB dated 20.09.2021, e-filedon 06.01.2022 and also another report submitted by them dated 01.02.2022, e-filed on 02.02.2022 and extracted the latest report in Para (8) of the order which reads as follows:-
"REPORT FILED BY THE 9th RESPONDENT
4. In this regard The Chief Secretary of the State has been directed to monitor and intervene, if there is any intervention required and give necessary instructions to resolve the issue and come with proper effective action plan with shorter time line.
5. Further, I humbly submit that Tamil Nadu State Pollution Control Board has been appointed as the Nodal agency for co-ordination and CMWSSB Page 33 of 63 have communicated the progress of formulated action plan to TNPCB in proper time interval.
6. In this regard the Hon'ble Justices of the National Green Tribunal, Chennai have issued direction on 04.10.2021 that the respondents cited in the application to submit their independent response and also further progress report regarding the work undertaken by CMWSSB.
7. Accordingly, I submit the updated progress of Short Term Action Plan (Within six months) to plug the Domestic Sewage Outfalls into the Korattur Lake by CMWSSB tabulated below before the Hon'ble tribunal for its kind perusal:
8. Further I also humbly submit the Long Term Action Plan (More than six months) to plug the Domestic Sewage Outfalls into the Korattur Lake as tabulated below before the Hon'ble tribunal for its consideration, Page 34 of 63 Page 35 of 63 Page 36 of 63 Page 37 of 63 Page 38 of 63
9. I humbly submit that the total Sewerage generated in Area - VII from Depot 79 to 93 is 45MLD. The sewage from Area - VII is diverted to Kodungaiyur STP through 23 nos. of Sewage Pumping Stations. The Capacity of these 23 nos. of Sewage Pumping Stations is 259.92 MLD and the Capacity of Kodangaiyur STP is 270 MLD.Page 39 of 63
10. I further humbly submit that High standards are maintained while disposing wastage from TTRO (Liquid and Solid). The Rejects received from TTRO is being blended with raw sewage to be treated in Secondary level into the waterways as per standards of CPCB/TNPCB norms. The treated Sewage is being let out into the water ways.
11. In this regard works of plugging the Domestic Sewage Outfalls into the Korattur Lake are being carried out expediently in Area VII through "Illam Thoruminnaipu "scheme to effect House sewer connections to the residents in order to avoid the letting out sewerage into water bodies. In addition I also submit that works such as ―laying of sewer main and construction of Manholes are also being carried out simultaneously so as to plug the sewerage into the lake.
12. Further based on the NGT direction in the order dated 04.10.2021 to CMWSSB as given below, The 9th respondent is also directed to file a status and progress report regarding the construction of wells which they have undertaken for the purpose of collection of untreated sewage being generated in Avadi area till the Under Ground Sewage System (UGSS) is completed before the next hearing date.
13. I further humbly submit that for the above mentioned direction in para 12 above to CMWSSB regarding the status and progress report of construction of well for the collection of untreated sewage being generated in Avadi area, the Under Ground Sewerage System (UGSS) with sewage pumping stations with collection wells were completed by CMWSSB & had been handed over to Avadi Corporation in a phased manner vide dates, 27.1.2020, 12.2.2020, 18.2.2020, 10.8.2020 & 24.8.2020. At present the complete Under Ground Sewerage System (UGSS) is being maintained by Avadi Corporation.‖
34. Thereafter, this Tribunal had passed the following order:-
"9. It is seen from the report that in respect of certain areas, CMWSSB is in the process of preparing the DPR only. It is not known as to how much time they will take for completion of the DPR and thereafter, completion of work. Whenever, they are filing the report, they are expected to mention the timeline within which they will be able to complete the same.
10. The CMWSSB is directed to come with a proper progress report with timelines within which they will be able to complete the work, as the matter is pending from 2016 and on account of not providing the proper sewage system, the Korattur lake is being contaminated with untreated sewage, causing pollution to the water body.
11. The State Pollution Control Board is also directed to file their further progress -cum- action taken report regarding the improvement on account of any further progress done by the CMWSSB and if it is not done, what is the nature of action taken by them on the basis of the directions issued by the Principal Bench of the National Green Tribunal, New Delhi in O.A. No.606 of 2018 (PB) in respect of imposition of compensation.
12. They are directed to submit their respective reports to this Tribunal on or before 27.04.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
13. The Registry is directed to communicate this order to the members of the Joint Committee, the newly added 20th Respondent/Commissioner - Avadi Municipal Corporation, Tamil Nadu Pollution Control Board, CMWSSB, Public Works Department and the Greater Chennai Corporation, apart from communicating this order to the Additional Chief Secretary for Environment, Climate Change & Forest Department, Additional Chief Secretary for Water Resources Department and Additional Chief Secretary for Municipal Administration and Water Supply by e-mail for their information and compliance of directions.‖ Page 40 of 63
35. The matter was taken up on 18.04.2022 and on that day, this Tribunal had considered the newspaper report published in The Times of India, Times City Edition dated 11.04.2022 under the caption "Expired meds dumped in Korattur Lake" and also considered another newspaper report published in The Hindu dated 11.04.2022 under the caption "Residents want Korattur Lake to be cleaned of weeds and hyacinth" and this Tribunal had directed the Avadi Municipal Corporation, State Pollution Control Board, Greater Chennai Corporation and the Water Resources Department to file a detailed report regarding the genuineness of the allegations, the steps taken by them against the miscreants who were responsible for causing such mischief and perpetrating the crime of trespassing into the lake and dumping such waste, causing pollution and contamination of the lake.
36. The matter was again taken up on 29.04.2022 and on that day, this Tribunal had considered the report submitted by the CMWSSB dated 26.04.2022, e-filed on the same day and extracted in Para (2) of the order and thereafter, heard the learned counsel appearing for the applicant and other respondents and taken up the matter for Judgment.
37. The 9th Respondent has filed written submission showing the nature of work done by them.
38. The applicant also filed I.A. No.59 of 2022 (SZ) for taking action against the authorities who are wilfully disobeying the directions issued by this Tribunal.
39. The learned counsel appearing for the applicant vehemently argued that in spite of various directions issued by this Tribunal, work is not in progress as expected and lot of work has to be done by the Avadi Municipal Corporation in respect of providing the Under Ground Sewerage System (UGSS), Sewage Treatment Plant (STP) and other facilities within that area. Further, encroachments have not been properly identified and still sewage and other trade effluents are being discharged into the Korattur Lake causing contamination.Page 41 of 63
40. On the other hand, the learned counsel appearing for the State Departments argued that lot of work has been done pursuant to the directions issued by the Tribunal and much improvement has taken place. The work of providing sewage connection to each individual houses in the Corporation area is in progress and within a short time, they may be able to complete the work.
41. The learned counsel appearing for the State Pollution Control Board argued that as regards the industries are concerned, there is no industrial effluent being discharged into the canal and most of the industries are having their own treatment plant and the sewage generated within the SIDCO Industrial Estate, Ambattur being discharged into the UGSS provided to be carried to the Common STP operated by CAAIIUC. Whenever complaints are received, they were inspecting the units/area and taking action against those units/industries who were not complying with the conditions. Even during the course of the proceedings, several steps had been taken by issuing showing cause notice against the industries which were operating without consent and closure orders had been issued as well. They also prepared to abide by any direction issued by this Tribunal and closely monitor the implementation of the schemes and if any pollution caused, they will take appropriate action.
42. The learned counsel appearing for the Greater Chennai Corporation and Avadi Municipal Corporation argued that steps are being taken by them and action plans are prepared and they will be taking all steps to prevent discharge of untreated sewage into the water body and take all steps to protect environment from further encroachment and pollution.
43. The learned counsel appearing for the industries and their association argued that as far as their member units are concerned, they are all complying with the conditions of the Consent and all pollution control mechanism have been provided and most of the units are not generating any trade effluents and those who are generating the trade effluents are having their own ETP and those units are not having ETP, a Common ETP has been established and the effluents generated are being treated in Page 42 of 63 those ETP and there is no discharge of untreated effluents into the water canals which leads to the Korattur Lake.
44. We have considered the pleadings, various reports submitted and also written submissions submitted by some of the parties and also perused the documents available on record.
45. The points that arose for consideration are:-
(i) Whether there was any damage caused to the Korattur Lake on account of any of the activities of the industries or local bodies?
(ii) What is the nature of directions to be given by this Tribunal to resolve the issue permanently applying the ‗Precautionary Principle'?
(iii) What are all the nature of directions to be issued to the regulators to be complied with for the purpose of protecting the water body against pollution and encroachment?
(iv) Is there any necessity of taking action against any of the individual officials as sought for by the applicant in I.A. No.59 of 2022 (SZ)?
(v) Relief and costs.
POINTS:-
46. The grievance in this application is that on account of the unbridled discharge of trade effluents and sewage generated in the Industrial Estate and the residential area, water in the Korattur Lake is being polluted.
47. It is also alleged in the application that there were large scale encroachments into the water body and certain industries and buildings have been constructed and they have removed the bund, reducing its width and thereby posing danger to the life of the people in that area.Page 43 of 63
48. The various departments including the industries have filed their individual written statements denying the allegations and also action taken from the official respondents to resolve the issue.
49. This Tribunal had appointed a Joint Committee and the Joint Committee has filed a report earlier showing the nature of things and also the remedial measures to be taken and also subsequent report showing the progress of the work and further work to be done by each stakeholder, based on the action plans prepared by each stakeholder to resolve the issue which was extracted in earlier paragraph and as such, we are not extracting the same here.
50. As regards the industrial units in the SIDCO Industrial Estate, Ambattur is concerned, it is seen from the report submitted by the Joint Committee as well as State Pollution Control Board that most of the industries working there are not generating any trade effluents and those industries which are generating the trade effluents are having their own ETP and they are treating the same as per the conditions mentioned in the Consent by evaporating the same in the solar panel provided and disposing the same as per the provisions of the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008.
51. As regards the trade effluents are concerned, they adopt Zero Liquid Discharge (ZLD) system. As regards the sewage generated in that area is concerned, they are discharging into the Common sewer line provided by the SIDCO and it is being taken into the Common STP from where it is being treated.
52. It is also seen from the report submitted by the State Pollution Control Board that as per the directions of this Tribunal when inspections were conducted, they found some deficiencies in the Common STP operated by CAAIIUC and certain directions were issued and that is being followed by them. Further, it is seen from the report that certain units were operating without Consent and notices were issued and action was taken against those industries including closure direction were issued and Page 44 of 63 subsequently, some of them had applied for Consent and the same had been granted.
53. It was also seen from the report that certain units though obtained Consent from the Board, they had expanded their activity without obtaining further Consent and on the basis of the show cause notice issued, the same had been rectified. So, according to the reports, no industrial effluents or untreated sewage is being discharged into any of the water channel which ultimately reaches the Korattur Lake.
54. It was also mentioned in the reports that there are two lakes in that area viz., Korattur Lake and Ambattur Lake and as far as the water sources for Korattur Lake is concerned, it is the rain water that is being received and surplus water that is being let in from Ambattur Lake through water channels provided for that purpose. It is also seen from the report that the untreated sewage is being discharged into these water channels which ultimately reaches the Korattur Lake.
55. Time and again, the Hon‟ble Apex Court as well as various Hon‟ble High Courts including the Hon‟ble High Court of Madras and the National Green Tribunal (both the Principal Bench and this Bench) in several decisions had reiterated the responsibility of the State to protect environment which includes protection of water bodies as mandated under Article 48A of the Constitution of India. Further, providing clean water and environment is part of Right to Life as enshrined under Article 21 of the Constitution of India which is also the primary responsibility of the State and its machineries to provide to its subjects. Any latches on the part of the state machineries in protecting environment will indirectly result in health hazard, affecting the health of the people as well. So, it is a duty of the Government and its instrumentalities to give priority in taking steps both infrastructure and technical for the purpose of protecting environment and thereby, they can discharge their constitutional obligation as provided under Article 21 and Article 48 A of the Constitution of India.Page 45 of 63
56. Further, fundamental duty is cast on every citizen under Article 51 A (g) of the Constitution of India to protect environment and the citizen‟s responsibility collectively to implement is on the State machinery and failure of discharge of that duty will amount to failure to discharge of constitutional obligation to protect environment by the official of the State instrumentalities. Further, it is not possible for the Tribunal to continuously monitor the discharge of the statutory obligations by the regulators. The regulators must take proactive steps in discharging their constitutional obligation of protecting environment by implementing the directions issued by this Tribunal and also various directions issued by the Hon‟ble Apex Court and the Hon‟ble High Court of Madras dealing with the removal of encroachment and protection of water bodies.
57. Further, in Original Application No.606 of 2018, the Principal Bench of National Green Tribunal, New Delhi has taken on Pan India basis regarding the implementation of Solid Waste Management Rules, 2016 and Liquid Waste Management in all the States/Union Territories and for the purpose of effective implementation, the Chief Secretaries of all the States/Union Territories were summoned and had interaction with them and thereafter, passed several directions by directing the Chief Secretaries to have an environment cell in the secretariat to monitor the implementation of all schemes relating to protection of environment, including implementation of Solid Waste/Liquid Waste/other Waste Management Rules in an effective manner and directions were issued to the Chief Secretaries of all the States/Union Territories to have review meeting with the stakeholder departments who are expected to implement the Waste Management Rules in an effective manner and if there is any gap found, to provide necessary assistance (both technical and financial) so that they can implement the schemes evolved for implementing these rules within their jurisdiction in an effective manner.
58. In spite of such various directions issued, we are coming across several cases of this nature of discharging untreated sewage into the water body, dumping of waste in the water bodies, encroaching into the water bodies, reducing its width and blocking inlet and outlet of the water bodies thereby causing obstruction to the free flow of water into the water body Page 46 of 63 and outside the water body thereby creating stagnation of water in the nearby areas resulting in health hazard to the people. Even after the case was taken for Judgment, there was a newspaper report published in „The Hindu‟ daily dated 10.05.2022 under the caption "Fish kill in Korattur lake worries residents". It is further mentioned in the newspaper report that citizen group fears pollution and officials suspect fall in dissolved oxygen level. It was also noticed in the newspaper report regarding the dead fishes on the shore area of the lake near water canal road. It was also mentioned that such things were common phenomena in that lake.
59. In most of the cases, discharge of untreated sewage into the water body is a common phenomena and that can be prevented only if effective steps are taken for the purpose of collecting the sewage from the residents through Under Ground Sewerage System (UGSS) and take the entire sewage generated to the STP and then treat the sewage water and reuse the treated water after attaining its standard as provided under the environmental laws and also prescribed by the CPCB and SPCB before it is being discharged into the water body. Once the sewage water is treated meeting the standard for the purpose of discharging into the water body, then pollution on account of the same to the water body can be avoided. In most of the cases, such a UGSS has not been provided which ultimately results in discharging of liquid waste generated without treatment into the storm water drain which ultimately reaches the water body and thereby causing water pollution. Further, the Ambattur Municipality as originally stood have not covered with certain areas by UGSS which has now been merged with the Greater Chennai Corporation. So, it is for the Greater Chennai Corporation and the CMWSSB to take immediate steps to complete the UGSS for the uncovered areas and divert the sewage water to the STP so that the sewage generated in the Greater Chennai Corporation area can be avoided to be discharged into the water body viz., Korattur lake.
60. As regards the Avadi Municipal Corporation is concerned, it is seen from the Joint Committee report that most of the areas are not covered by the Under Ground Sewerage System (UGSS) and they are only in the initial stage of preparing the DPR for this purpose.Page 47 of 63
61. Further, in another case viz., Original Application No.76 of 2020 (SZ) which is also a case Suo Motu registered by this Tribunal in respect of discharge of untreated sewage into the Arafath Lake and in that case, it was also brought to the notice of the Tribunal that tanker lorries which are collecting sewage from the residents instead of taking into pumping station or to the disposal facility, unauthorizedly discharging the same into the storm water drain or in the catchment area of the lake. They have also given certain timeline for the purpose of completion of UGSS within their area and it was mentioned therein that they have entrusted Tamil Nadu Water Investment Company Limited to prepare a DPR for construction of UGSS in the left out area within their jurisdiction and they may be able to complete the project by 2025. There are certain short-term measures provided for the purpose of diverting the same to the available STPs so as to avoid discharge of untreated sewage being let into the water body.
62. The said O.A. No.76 of 2020 (SZ) was disposed of by this Tribunalvide Judgment dated 31.05.2022 by issuing certain directions to the various authorities including the Commissioner - Avadi Municipal Corporation to be carried out. Further, in Paryavaran Suraksha Samiti Vs. Union of India & Ors. reported in (2017) 5 SCC 326, the Hon‟ble Apex Court had directed the authorities to take steps to avoid pollution being caused to the water bodies and take action against those persons who are not providing necessary pollution control mechanism and avoid discharge of untreated effluents into the water body. The responsibility of the State to protect water bodies was again reiterated by the Hon‟ble Apex Court in State of Orissa Vs. Government of India &Ors. reported in (2009) 5 SCC
492.
63. Further, the Special Bench of this Tribunal in Original Application No.273 of 2017 (SZ) (Sri Sarvamangala Nagar Residents Association Vs. Secretary to Government, Public Works Department, Chennai) by order dated 20.02.2022 and also in M.A. No.38 of 2017 (SZ) in O.A. No.155 of 2016 (SZ) (Rajiv Chekuri Vs. Special Officer, Chitlapakkam Panchayat Office, Kancheepuram District & Ors.) by order dated 19.05.2022, directed the regulators to take steps to implement the Solid Waste Page 48 of 63 Management Rules, Liquid Waste Management and also take steps to protect water bodies against encroachment and pollution.
64. The same view has been reiterated by the Special Bench of this Tribunal in Original Application No.395 of 2013 (SZ) in Suo Motu case initiated based on the representation received from Justice Mr. R. Baskaran, Former Judge and other connected matters viz., Original Application Nos.396 of 2013 & 242 of 2016 (pertains to State of Kerala) by final order dated 25.02.2022 directed the authorities to take steps to implement the directions issued by the Principal Bench in Original Application Nos.593 of 2017, 673 of 2018 and 606 of 2018 and the directions issued by the Hon‟ble Apex Court in Paryavaran Suraksha Samiti Vs. Union of India & Ors. reported in (2017) 5 SCC 326, and take action against those persons who are responsible for the same including imposition of environmental compensation applying the ―Polluter Pays‖ principle, apart from initiating prosecution. It was also reiterated in those orders that this Tribunal cannot oversee the discharge of statutory functions by the regulators and the local bodies perpetually and it is for the secretary level officials to monitor the same and take appropriate action against those persons who are not discharging their statutory obligation in an effective manner and also to take steps to implement the environmental laws within their jurisdiction in its letter and spirit.
65. In a similar issue in respect of Ambattur Lake which was considered by this Bench in Original Application No.61 of 2020 (SZ) [S.P. Surendranath Karthik Vs. The Secretary, Indian Railway Welfare Organisation &Ors.] and Original Application No.54 of 2020 (SZ) [Tribunal on its own motion Suo Motu based on the News item in Dinamalar Newspaper dt. 02.03.2020, Chennai Supplementary, ―Ambattur Lake getting polluted due to sewage water‖ With The Secretary to Govt. of Tamil Nadu, Public Works Department, Chennai &Ors.] by order dated 26.05.2022, after considering the status report submitted by the State Pollution Control Board, this Tribunal had directed the Avadi Municipal Corporation to prepare an action plan and submit the same and also directed the Director - Municipal Administration and the Additional Chief Secretary to Government, Municipal Administration and Water Supply Department to look into the Page 49 of 63 action plan and provide all necessary assistance and posted the case to 12.07.2022 for consideration of further reports. That shows that it is not only in respect of Korattur Lake but in respect of Ambattur Lake also same situation prevail and these things can be permanently resolved, only if the Greater Chennai Corporation and the Avadi Municipal Corporation take immediate steps to complete the UGSS within their jurisdiction and provide necessary STPs to treat the sewage generated before it is being discharged into the water body or for its reuse after attaining the standards prescribed by the CPCB and the SPCB on the basis of the guidelines provided under the environment laws in respect of the same.
66. So under such circumstances and also considering the various reports submitted by the Joint Committee report, State Pollution Control Board, Greater Chennai Corporation, CMWSSB and the Avadi Municipal Corporation, we feel that the matter can be disposed of by giving following directions to the stakeholders:-
a. The Greater Chennai Corporation and the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) are directed to complete the Under Ground Sewerage System (UGSS) in Ambattur area which falls within the jurisdiction of Greater Chennai Corporation in a time bound manner and also provide necessary Sewage Treatment Plants (STPs) to treat the liquid waste generated in an effective manner to avoid discharge of the same into the Korattur Lake in a time bound manner.
b. The Commissioner - Avadi Municipal Corporation is directed to implement the short-term and long-term measures suggested by the Joint Committee to avoid discharge of untreated sewage into the Korattur Lake and take steps to finalize the scheme for providing Under Ground Sewerage System to collect the sewage generated in their jurisdiction and establish necessary Sewage Treatment Plants (STPs) to treat the same before it is being discharged into the water bodies and take steps to execute the same in a time bound manner.
They are directed to evolve short-term measures in consultation with the State Pollution Control Board to avoid discharge of untreated Page 50 of 63 sewage into the water bodies till the permanent measures are completed.
c. The Water Resources Department are directed to take all steps periodically to maintain the Korattur Lake by doing periodical desilting and also removing weeds and hyacinths so as to avoid pollution being caused to the water in the water body due to formation of algae and other micro-organisms which are likely to reduce the BOD level results in death of fish and other flora and fauna in the water body.
d. The Water Resources Department are also directed to take steps to conduct survey in co-ordination with the District Collector - Thiruvallur District as well as District Collector - Chennai District so as to ascertain whether there were any encroachments into the water body taking into account original extent as per the revenue records and if any unauthorized constructions were found, then take steps to remove the encroachments in accordance with law and protect the water body against pollution and encroachment.
e. They are also directed to take appropriate steps to strengthen the bunds periodically and also provide bio-fencing or creating biological diversity park around the water body so as to prevent future encroachment as it will act as a barrier as a fencing to protect the water body against encroachment, apart from creating more green cover to absorb Carbon dioxide and other noxious gases and provide clean air to the people to breath.
f. The Water Resources Department are also directed to conduct periodical inspections and provide necessary maintenance to the storm water drains, inlet and outlet to the Korattur Lake and also surplus channel which drains excess water from the Ambattur Lake to the Korattur Lake and if there is any encroachment or other illegal activity of discharging untreated sewage is found, then they are directed to take appropriate action against those persons in accordance with law.
g. The Avadi Municipal Corporation and the Greater Chennai Corporation are directed to take steps to implement the directions issued by the Tribunal in several matters of this nature in respect of Page 51 of 63 regulating the activities of the private tanker lorries which are engaged in collecting the sewage and septage from the residences by registering them and also provide GPS in the lorries to track their movements and maintain registers regarding collecting sewage and handing over the same to the treatment facility so that any illegal discharge by these persons can be effectively monitored and action can be taken against those persons who are responsible for the same by not only imposing penalty under the respective municipal laws but also by initiating prosecution under the Indian Penal Code by filing complaint to the police apart from taking action of blacklisting such operators by cancelling their contracts for these purposes. h. The Greater Chennai Corporation as well as the Avadi Municipal Corporation are directed to provide CCTV Cameras around the Korattur Lake and Ambattur Lake falling within their respective jurisdiction so as to monitor the illegal activities being perpetrated by the miscreants and to take appropriate action against those persons in accordance with law as has been undertaken by them in Original Application Nos.61 of 2020 and 54 of 2020 (SZ) mentioned above.
i. The District Collector - Thiruvallur District as well as District Collector - Chennai District are directed to monitor the implementation of the Solid Waste Management Rules, 2016 and Liquid Waste Management within their jurisdiction and if there is any assistance required for removal of encroachment by conducting survey etc. then they are directed to provide all such assistance to the necessary stakeholders viz., Greater Chennai Corporation, Commissioner - Avadi Municipal Corporation, and Water Resources Department to identify the encroachment and take steps to remove the encroachment and protect water body against future encroachment and avoid pollution being caused to the water bodies. j. The Tamil Nadu Pollution Control Board is directed to monitor the implementation and compliance of the recommendations made by the Joint Committee and also gap found by them in implementing the directions of the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018 and similar Page 52 of 63 directions issued by this Tribunal in various matters relating to pollution being caused to the water bodies on account of discharge of untreated sewage into the water body and take appropriate action against those authorities who are responsible for not complying with the directions of this Tribunal as directed by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018 and also by the Hon‟ble Apex Court in Paryavaran Suraksha Samiti Vs. Union of India & Ors. reported in (2017) 5 SCC 326, and other similar matters by various Hon‟ble High Courts including the Hon‟ble High Court of Madras in accordance with law. k. The State Pollution Control Board is directed to monitor all the industries in SIDCO Industrial Estate, Ambattur to ascertain as to whether the pollution control mechanism provided by them are functioning properly and whether there is any violation of conditions in the Consent granted and whether there was any illegal discharge of trade effluent or sewage into the water body or water canal without being treated through the ETPs and STPs provided and also functioning of the Common ETP/STP provided to treat the trade effluents and sewage generated within the industrial area and if there is any deficiency found, then they are directed to take appropriate action against those units and the persons responsible for operation of the pollution control mechanism in accordance with law apart from suggesting any improvements to be carried out by them to meet the situation and maintain the standard of inlet and outlet discharge from the treatment plants so as to avoid pollution being caused on account of the same and if there is any violation found or non-compliance of those directions issued by them, then they are directed to take appropriate action against those persons who are not complying with the directions including initiation of prosecution and imposition of environmental compensation after providing necessary opportunity to them in accordance with law . l. The Tamil Nadu Pollution Control Board is also directed to initiate action for levying environmental compensation for the lapses already noticed during the inspections since 2016, adopting the formula as per the orders of Principal Bench of National Green Page 53 of 63 Tribunal, New Delhi, after providing necessary opportunity to them in accordance with law.
m. The Director - Municipal Administration and the Additional Chief Secretary to Government, Municipal Administration and Water Supply are directed to personally monitor the preparation of action plan for resolving the issue in a permanent manner as suggested by the Joint Committee and also by the State Pollution Control Board and if there are any proposals pending with the above officials from the CMWSSB or from the Avadi Municipal Corporation, then they are directed to look into those issues and take immediate steps to provide necessary administrative and financial sanction to enable the executing authorities viz., CMWSSB and the Avadi Municipal Corporation to execute their action plans evolved for resolving the issue permanently.
n. The Managing Director - SIDCO Industrial Estate, Ambattur and the Association of industries in the SIDCO Industrial Estate, Ambattur are also directed to monitor the implementation of the Solid Waste/Liquid Waste Management Rules within their area and if there is any deficiency found, then they are also directed to instruct the respective units who are not complying with the pollution control mechanism effectively to comply with the same and take action against those erring units in accordance with law. o. The Chief Secretary to Government, State of Tamil Nadu is also directed to form a committee comprising of (i) the Additional Chief Secretary to Government - Department of Municipal Administration and Water Supply, (ii) the Additional Chief Secretary to Government - Finance Department or his nominee and (iii) the Additional Chief Secretary to Government - Department of Environment, Climate Change & Forests, (iv) the Commissioner - Municipal Administration so as to review the implementations of the directions issued by this Tribunal to implement the Solid/Liquid/Other Waste Management Rules as provided under the respective statutes as has been directed by this Tribunal (both Principal Bench and Southern Bench) in several matters of this nature and provide necessary assistance (both finance and Page 54 of 63 administrative) so that no scheme relating to this will be stalled for paucity of funds and sanction required from the Government, as priority must be given for implementing the schemes which is required for protection of environment in order to discharge the constitutional obligation of the State as mandated under Article 48 A of the Constitution of India and necessary budgetary provisions must be given treating protection of environment as a priority so that no scheme required for the purpose of protection of environment, including protection of water bodies against encroachment and pollution will be stalled/stopped in the middle for paucity of funds or other sanction required for this purpose. p. The Chief Secretary to Government, State of Tamil Nadu is also directed to conduct review meetings with the respective stakeholders in respect of implementation of the directions issued by this Tribunal to protect the Korattur Lake against encroachment and pollution and if there is any gap found, then the Chief Secretary is directed to look into the issues personally and issue necessary guidance and directions to the respective stakeholders on whose part there were latches found in implementation and ensure that the directions are implemented in its letter and spirit and also obtain necessary financial and administrative sanctions from the Government for the purpose of implementing the directions of this Tribunal and also implementing the scheme evolved by them on the basis of the directions issued by this Tribunal and compliance of recommendations made by the Joint Committee to resolve the issue permanently.
q. Since various directions have been issued by this Tribunal to the respective stakeholders to implement the directions in an effective manner, we feel that there is no necessity to take any stringent action of prosecution for violation of directions as sought for by the applicant in I.A. No.59 of 2022 (SZ) and we are closing that application with the above observation.
67. The points are answered accordingly.
Page 55 of 6368. In the result, the Original Application is disposed of with the following directions:-
i. The Greater Chennai Corporation and the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) are directed to complete the Under Ground Sewerage System (UGSS) in Ambattur area which falls within the jurisdiction of Greater Chennai Corporation in a time bound manner and also provide necessary Sewage Treatment Plants (STPs) to treat the liquid waste generated in an effective manner to avoid discharge of the same into the Korattur Lake in a time bound manner.
ii. The Commissioner - Avadi Municipal Corporation is directed to implement the short-term and long-term measures suggested by the Joint Committee to avoid discharge of untreated sewage into the Korattur Lake and take steps to finalize the scheme for providing Under Ground Sewerage System to collect the sewage generated in their jurisdiction and establish necessary Sewage Treatment Plants (STPs) to treat the same before it is being discharged into the water bodies and take steps to execute the same in a time bound manner. They are directed to evolve short-term measures in consultation with the State Pollution Control Board to avoid discharge of untreated sewage into the water bodies till the permanent measures are completed.
iii. The Water Resources Department are directed to take all steps periodically to maintain the Korattur Lake by doing periodical desilting and also removing weeds and hyacinths so as to avoid pollution being caused to the water in the water body due to formation of algae and other micro- organisms which are likely to reduce the BOD level results in death of fish and other flora and fauna in the water body.
Page 56 of 63iv. The Water Resources Department are also directed to take steps to conduct survey in co-ordination with the District Collector - Thiruvallur District as well as District Collector - Chennai District so as to ascertain whether there were any encroachments into the water body taking into account original extent as per the revenue records and if any unauthorized constructions were found, then take steps to remove the encroachments in accordance with law and protect the water body against pollution and encroachment.
v. They are also directed to take appropriate steps to strengthen the bunds periodically and also provide bio-fencing or creating biological diversity park around the water body so as to prevent future encroachment as it will act as a barrier as a fencing to protect the water body against encroachment, apart from creating more green cover to absorb Carbon dioxide and other noxious gases and provide clean air to the people to breath.
vi. The Water Resources Department are also directed to conduct periodical inspections and provide necessary maintenance to the storm water drains, inlet and outlet to the Korattur Lake and also surplus channel which drains excess water from the Ambattur Lake to the Korattur Lake and if there is any encroachment or other illegal activity of discharging untreated sewage is found, then they are directed to take appropriate action against those persons in accordance with law.
vii. The Avadi Municipal Corporation and the Greater Chennai Corporation are directed to take steps to implement the directions issued by the Tribunal in several matters of this nature in respect of regulating the activities of the private tanker lorries which are engaged in collecting the sewage and septage from the residences by registering them and also provide GPS in the lorries to track their movements and Page 57 of 63 maintain registers regarding collecting sewage and handing over the same to the treatment facility so that any illegal discharge by these persons can be effectively monitored and action can be taken against those persons who are responsible for the same by not only imposing penalty under the respective municipal laws but also by initiating prosecution under the Indian Penal Code by filing complaint to the police apart from taking action of blacklisting such operators by cancelling their contracts for these purposes.
viii. The Greater Chennai Corporation as well as the Avadi Municipal Corporation are directed to provide CCTV Cameras around the Korattur Lake and Ambattur Lake falling within their respective jurisdiction so as to monitor the illegal activities being perpetrated by the miscreants and to take appropriate action against those persons in accordance with law as has been undertaken by them in Original Application Nos.61 of 2020 and 54 of 2020 (SZ) mentioned above.
ix. The District Collector - Thiruvallur District as well as District Collector - Chennai District are directed to monitor the implementation of the Solid Waste Management Rules, 2016 and Liquid Waste Management within their jurisdiction and if there is any assistance required for removal of encroachment by conducting survey etc. then they are directed to provide all such assistance to the necessary stakeholders viz., Greater Chennai Corporation, Commissioner - Avadi Municipal Corporation, and Water Resources Department to identify the encroachment and take steps to remove the encroachment and protect water body against future encroachment and avoid pollution being caused to the water bodies.
Page 58 of 63x. The Tamil Nadu Pollution Control Board is directed to monitor the implementation and compliance of the recommendations made by the Joint Committee and also gap found by them in implementing the directions of the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018 and similar directions issued by this Tribunal in various matters relating to pollution being caused to the water bodies on account of discharge of untreated sewage into the water body and take appropriate action against those authorities who are responsible for not complying with the directions of this Tribunal as directed by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018 and also by the Hon‟ble Apex Court in Paryavaran Suraksha Samiti Vs. Union of India & Ors. reported in (2017) 5 SCC 326, and other similar matters by various Hon‟ble High Courts including the Hon‟ble High Court of Madras in accordance with law.
xi. The State Pollution Control Board is directed to monitor all the industries in SIDCO Industrial Estate, Ambattur to ascertain as to whether the pollution control mechanism provided by them are functioning properly and whether there is any violation of conditions in the Consent granted and whether there was any illegal discharge of trade effluent or sewage into the water body or water canal without being treated through the ETPs and STPs provided and also functioning of the Common ETP/STP provided to treat the trade effluents and sewage generated within the industrial area and if there is any deficiency found, then they are directed to take appropriate action against those units and the persons responsible for operation of the pollution control mechanism in accordance with law apart from suggesting any improvements to be carried out by them to meet the situation and maintain the standard of inlet and outlet discharge from the treatment plants so as to avoid pollution Page 59 of 63 being caused on account of the same and if there is any violation found or non-compliance of those directions issued by them, then they are directed to take appropriate action against those persons who are not complying with the directions including initiation of prosecution and imposition of environmental compensation after providing necessary opportunity to them in accordance with law.
xii. The Tamil Nadu Pollution Control Board is also directed to initiate action for levying environmental compensation for the lapses already noticed during the inspections since 2016, adopting the formula as per the orders of Principal Bench of National Green Tribunal, New Delhi, after providing necessary opportunity to them in accordance with law.
xiii. The Director - Municipal Administration and the Additional Chief Secretary to Government, Municipal Administration and Water Supply are directed to personally monitor the preparation of action plan for resolving the issue in a permanent manner as suggested by the Joint Committee and also by the State Pollution Control Board and if there are any proposals pending with the above officials from the CMWSSB or from the Avadi Municipal Corporation, then they are directed to look into those issues and take immediate steps to provide necessary administrative and financial sanction to enable the executing authorities viz., CMWSSB and the Avadi Municipal Corporation to execute their action plans evolved for resolving the issue permanently.
xiv. The Managing Director - SIDCO Industrial Estate, Ambattur and the Association of industries in the SIDCO Industrial Estate, Ambattur are also directed to monitor the implementation of the Solid Waste/Liquid Waste Management Rules within their area and if there is any deficiency found, then they are also directed to instruct the Page 60 of 63 respective units who are not complying with the pollution control mechanism effectively to comply with the same and take action against those erring units in accordance with law.
xv. The Chief Secretary to Government, State of Tamil Nadu is also directed to form a committee comprising of (i) the Additional Chief Secretary to Government - Department of Municipal Administration and Water Supply, (ii) the Additional Chief Secretary to Government - Finance Department or his nominee and (iii) the Additional Chief Secretary to Government - Department of Environment, Climate Change & Forests, (iv) the Commissioner -
Municipal Administration so as to review the implementations of the directions issued by this Tribunal to implement the Solid/Liquid/Other Waste Management Rules as provided under the respective statutes as has been directed by this Tribunal (both Principal Bench and Southern Bench) in several matters of this nature and provide necessary assistance (both finance and administrative) so that no scheme relating to this will be stalled for paucity of funds and sanction required from the Government, as priority must be given for implementing the schemes which is required for protection of environment in order to discharge the constitutional obligation of the State as mandated under Article 48 A of the Constitution of India and necessary budgetary provisions must be given treating protection of environment as a priority so that no scheme required for the purpose of protection of environment, including protection of water bodies against encroachment and pollution will be stalled/stopped in the middle for paucity of funds or other sanction required for this purpose.
xvi. The Chief Secretary to Government, State of Tamil Nadu is also directed to conduct review meetings with the respective stakeholders in respect of implementation of the directions issued by this Tribunal to protect the Korattur Lake against Page 61 of 63 encroachment and pollution and if there is any gap found, then the Chief Secretary is directed to look into the issues personally and issue necessary guidance and directions to the respective stakeholders on whose part there were latches found in implementation and ensure that the directions are implemented in its letter and spirit and also obtain necessary financial and administrative sanctions from the Government for the purpose of implementing the directions of this Tribunal and also implementing the scheme evolved by them on the basis of the directions issued by this Tribunal and compliance of recommendations made by the Joint Committee to resolve the issue permanently.
xvii. Since various directions have been issued by this Tribunal to the respective stakeholders to implement the directions in an effective manner, we feel that there is no necessity to take any stringent action of prosecution for violation of directions as sought for by the applicant in I.A. No.59 of 2022 (SZ) and we are closing that application with the above observation.
xviii. Considering the circumstances, parties are directed to bear their respective costs in the Original Application.
xix. The Registry is directed to communicate this order to the Commissioner - Avadi Municipal Corporation, Commissioner - Greater Chennai Corporation, District Collector of both Thiruvallur District and Chennai District, Commissioner - Municipal Administration, Chairman -
Tamil Nadu Pollution Control Board, Managing Director/Chairman - CMWSSB, Managing Director - SIDCO Industrial Estate, Ambattur, the Additional Chief Secretary to Government - Department of Municipal Administration and Water Supply, the Additional Chief Secretary to Government
- Department of Environment, Climate Change & Forests, the Additional Chief Secretary to Government - Finance Department and also to the Chief Secretary to Government, Page 62 of 63 State of Tamil Nadu for their information and compliance of directions.
xx. The Additional Chief Secretary to Government -Department of Municipal Administration and Water Supply is directed to file periodical reports regarding the progress and action taken for implementation of the directions of this Tribunal, including removal of encroachments (if any) found during survey once in 6 (Six) months till the entire directions and process of providing UGSS to avoid discharge of untreated sewage into the water body is completed.
69. With the above observations and directions, the Original Application is disposed of.
70. Since the Original Application is disposed, pending interlocutory application [I.A. No.59 of 2022 (SZ)] is also disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.268/2016 (SZ) I.A. No.59/2022 (SZ) 01st July 2022. Mn.
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