National Green Tribunal
Mr.V.Rajesh vs Ministry Of Environment Forest And ... on 3 March, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.14:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 64 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
V. Rajesh
...Applicant(s)
Versus
Union of India and Ors.
....Respondent(s)
Date of hearing: 03.03.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Mrs. Gowthamy Reddy for
Mr. R. Chandrasekar.
For Respondent(s): Mr. G.M. Syed Nurullah Sheriff for R1
Dr. V.R. Thirunarayanan for R3 to 11 and R13.
Mr. C. Kasirajan through
Ms. Kalaivani for R2, R12.
ORDER
1
1. As per order dated 21.01.2021, this Tribunal had considered the report submitted by the Joint Committee which was extracted in para 6 of the order and then passed the following order:
"7. It may be mentioned here that the Executive Officer of Minjur Town Panchayat has submitted a compliance report and requested six months time for shifting the processing facility from the present area.
8. Further, it is also mentioned that the PWD has also taken appropriate steps to vacate the facility and ensure that no further dumping of municipal solid waste by the Minjur Town Panchayat in that area and they have been directed to earmark the boundary of the river and flood plain zone by taking help of the revenue department and in case of encroachment, notices will have to be issued to the encroachers and steps will have to be taken to remove the same. The Minjur Town Panchayat was also directed to remit an interim Environmental Compensation of Rs.12 Lakhs for not complying with the provisions of the Solid Waste Management Rules, 2016 as directed by the Principal Bench of this Tribunal by its order dated 28.02.2020.
9. The learned counsel appearing for the applicant submitted that though, the 7th respondent has filed action taken report stating that they have stopped dumping of waste in that area but in fact the same is being continued in that area.
10. It is seen from the report that steps will have to be taken to remove the waste management facility from this area to some other safer place as it is likely to affect the Kosasthalaiyar River basin. Further, it is seen from the report that the TDS Level is high in the water collected from the bore wells and TDS, Chlorides and hardness are not in conformity with the standard provided and it is not fit for drinking purpose. If that be the case, the committee is expected to identify the source of the pollution and give remedial measures as to how this can be rectified. Further, the revenue department will have to take steps to survey the area to fix the flood plain and find out as to whether there is any encroachment and also to take steps to remove the encroachment as well as per the report. Though, the committee comprises of the District Collector, Thiruvallur and also the Public Works Department, they have not come with any concrete proposal as to what are all the steps to be taken by them to implement the same.
11. The Pollution Control Board also did not come with any independent statement as to the action taken by them against the local body for non- compliance of the Solid Waste Management Rules, 2016 and the direction issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 in this regard.
12. Further, what is the nature of alternate arrangement made by the local body to meet the drinking water purpose, if the water is not available in potable form is also not clear from the report submitted.2
13. So under such circumstances, we direct the committee to submit a further action taken report with remedial measures to be taken for restoring the water quality to make it to potable level and also the District Collector and Public Works Department and Minjur Town Panchayat are directed to come with a concrete action plan for shifting the existing waste management facility to some other safe place and assure that no further waste is dumped in that area and also ascertain as to how the waste generated in that town Panchayat is being managed regarding collection, segregation and disposal of waste as provided under the Solid waste Management Rules, 2016.
14. The committee as well as the above said officials are directed to submit further report as directed to this Tribunal on or before 03.03.2021 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."
2. The case was posted to today for consideration of the further reports.
3. When the matter came up for hearing today, Mrs. Gowthamy Reddy for Mr. R. Chandrasekar represented the applicant, Mr. G.M. Syed Nurullah Sheriff represented respondent 1, Dr. V.R. Thirunarayanan represented respondents 3 to 11 and 13 and Mr. C. Kasirajan through Ms. Kalaivani represented respondents 2 and 12.
4. It is quite unfortunate that the Joint Committee has again submitted the report dated 03.11.2020 which was received on 02.03.2021 which has already been considered by this Tribunal as per order dated 21.01.2021 without making any change in the earlier report. We also received the report affidavit submitted by Executive Engineer , Water Resources Department, Araniar Basin Division, Chennai-5 dated 26.02.2021 which reads as follows:
REPORT AFFIDAVIT FILED BY THE EXECUTIVE ENGINNER, WATER RESOURCES DEPARTMENT, ARANIAR BASIN DIVISION, CHENNAI-5 3 I, A. Jayakumari daughter of A. Anbalagan aged about 50 years, officiating as Executive Engineer, Water Resources Department (WRD) of the Public Works Department, having my office at the PWD campus, Chepauk, Chennai- 600 005, do, hereby, solemnly affirm and sincerely state as follows:
2. I am the 2nd respondent and Executive Engineer, WD, Araniar Basin Division, Chennai and I am filing this report affidavit since the stretch of the Kosasthalaiyar River impugned in the Original Application herein is under the maintenance control of the Araniyar Basin Division, Chennai and the Araniyar Basin Sub Division, Ponneri.
3. I state that this Tribunal by the order dated 21.01.2021 in paragraph 13 has directed the committee appointed by this Tribunal vide orders dated 13.05.2020 and 20.08.2020 of the order as follows "So under such circumstances, we direct the committee to submit a further action taken report with remedial measures to be taken for restoring the water quality to make it to potable level and also the District Collector and Public Works Department and Minjur Town Panchayat are directed to come with a concrete place and assure that no further waste is dumped in that area and also ascertain as to how the waste generated in that town panchayat is being managed regarding collection, segregation and disposal of wste as provided under the Solid Waste Management Rules, 2016. The Committee as well as the above said officials are directed to submit further report as directed by this Tribunal on or before 03.03.2021 by e-filing in 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."
4.It is stated that as per the directions of this Hon'ble Tribunal. Stretch of 2 km of the Kosasthalaiyar right bank in Minjur Panchayat limit was measured by the survey officials and demarcation stones were laid showing the PWD limit. As regards the removal of the Solid Waste Management Plant unit put up by the local body, pursuant to the letter issued by the WRD, the local body has started removing the constructions made in the WRD limit without obtaining any permission and the local body has been instructed to complete the process quickly. The photographs of the earmarked river boundaries/flood zone are filed herewith.
5.As regards the removal of the solid waste dumped in the buffer zone, the WRD cannot undertake this work since the removal should be made by the water body only which had allowed the dumping of he solid wste in WRD limit. Another difficulty is that, even assuming that the same has t be removed by the WRD, here again, the WRD has to identify a suitable place for dumping for eventual disposal as according to the Solid Waste Management Rules, 2016 which cannot be enforced by the WRD. Hence, it would be appropriate and proper that the local body alone has to remove the solid waste dumped in the WRD limit and to dispose it off in the manner known the Rules 2016 ibid.
6.In this regard, it is further stated that the Minjur Town Panchayat has been issued with notices on the aspects of the (i) quick dismantlement of the solid waste Management plant and (ii) to remove the solid waste dumped in the WRD limit expeditiously. The copy of letters addressed to the Minjur Town Panchayat in both the above aspects are filed herewith.4
7.It is further stated that the WRD is watching the area in question to prevent further dumping of any solid waste within the limits of the WRD either by the local body or by any individual.
8. It is also stated that the WRD is ready to render any assistance in this regard to the Minjur Town Panchayat so as to comply with the orders of this Hon'ble Tribunal in the matter of the dismantlement of the plant and removal of solid waste.
It is, therefore, prayed that this Hon'ble Tribunal may be pleased to take on record the submissions made on behalf of the Water Resources Department and pass appropriate further orders as deemed fit in the facts and circumstances of the case and thus render justice.
Executive Enginner, WRD Araniyar Basin Division Chennai-5 I, A. Jayakumari daughter of A. Anbalagan officiating as Executive Engineer, WRD, Araniyar Basin Division, Chennai, do, verify that the submissions made in paragraphs 1 to 8 are correct to the best of my knowledge and from records and I, verify the same on this Twenty sixth Day of February, 2021.
Executive Enginner, WRD Araniyar Basin Division Chennai-5
5. We have also received another Joint Committee report dated 01.02.2021 received on 02.03.2021 which reads as follows:
Inspection Report of the Joint Committee (As per Hon'bleNational Green Tribunal, Southern Zone, Chennai Order dated 21.01.2021 inOA no. 64/2020)
1. Background The Honourable National Green Tribunal, Southern Zone, Chennai, in the matter of OA no. 64 of 2020 stated and directed the committee on 21.01.2021 as;
"......It is seen from the report that steps will have to be taken to remove the waste management facility from this area to some other safer place as it is likely to affect the Kosasthalaiyar River basin. Further, it is seen from the report that the TDS Level is high in the water collected from the bore wells and TDS, Chlorides and hardness are not in conformity with the standard provided and it is not fit for drinking purpose. If that be the case, the committee is expected to identify the source of the pollution and give remedial measures as to how this can be rectified......"
"......we direct the committee to submit a further action taken report with remedial measures to be taken for restoring the water quality to make it to potable level......"5
2. Committee Meeting A joint committee meeting was conducted on 12.02.2021 and the matter was briefly discussed. The following officials were present;
1. Sh.P. Selvam, RDO, Tiruvallur District (rep. District Collector)
2. Sh. M. Malayandi, JCEE, TNPCB, Chennai
3. Sh. R. Rajkumar, Scientist 'D', CPCB, RD (S), Bengaluru
4. Dr. S. Viswanathan, Environmental Specialist, CRRT, Chennai
5. Sh. N. Vetriarasu, EO, Minjur Town Panchayat, Thiruvallur District
6. Smt. A. Jayakumari, EE, WRD-PWD,Araniyar Basin Division, Chennai
7. S. Murugan, AEE, WRD-PWD, Araniyar Basin Division, Ponneri
8. K. Kannan, AE, WRD-PWD, Irrigation Section, Minjur In the meeting, the Order of Hon'ble NGT dated 21.1.2021 was discussed in detail particularly on the high values of TDS and other parameters such as Chlorides and Hardness which is not in conformity with the drinking standards. The Executive Officer, Minjur Town Panchayat informed that there are no such industries in the vicinity of Minjur where it influences the increase of TDS and other mentioned parameters in ground water. After detailed discussion, the Committee Members concluded that since Minjur Town Panchayat is a coastal Town and the high value of TDS in the ground water is of natural phenomenon (sea water intrusion) and thus the quality of water is not affected by any industrial activity. The review of reports was undertaken to understand the groundwater profile and the soil characteristics of Tiruvallur District particularly in Minjur area. Thereafter, Central Ground Water Board was contacted and obtain the report. The details of discussion in the published report from Central Ground Water Board, Ministry of Water Resources, River Development and Ganga Rejuvenation, Government of India, South Eastern Coastal Region, Chennai is reproduced below;
(i) Chapter 6: Ground Water Related Issues in the Report on Aquifer Mapping and Ground Water Management, Chennai Aquifer System, Tamil Nadu, March 2017 Sea water has intruded upto 16 - 16.5 km inland in Minjur - Panjetty area due to the over exploitation of groundwater to meet the Chennai City water supply needs. The following measures can be taken up in the coastal region:
Stopping of heavy pumping of GW in the seawater intruded area. Construction of percolation tanks in the affected area to make fresh water ridge.
Coconut and saline resistance crops are grown in areas having TDS 1500- 2500 mg/l) Mounds on the upstream side of ponds shows groundwater with low EC even in premonsoon period there are positive indications of recharge. More ponds can be constructed parallel to the coast and this can create huge mounds of freshwater.
Artificial recharge structure in the Korattalaiyar river shows improvement in GW Level and GW quality.6
(ii) Chapter 6: Ground Water Related Issues and problems in the Report on District Ground Water Brochure Tiruvallur District, 2007 (http://cgwb.gov.in/District_Profile/TamilNadu/TIRUVALLUR.pdf) The heavy pumping of ground water for drinking water supply to Chennai city since 1970s from the well field at Minjur has been primarily responsible for the reversal of hydraulic gradient and consequent saline water intrusion in the eastern part of Minjur block. Recharge of saline water from the Buckingham canal and the presence of a few salt pans along the coast have also contributed to the salinisation of ground water in the area.
The phenomenon of sea water intrusion in Minjur area was first studied during 1966 - 69 by the Ground Water Division of Public Works Dept., Government of Tamil Nadu in collaboration with United Nations Development Project (UNDP). The sea water - fresh water interface in the area was first demarcated during 1969, about 3 km. from the coast. During the study conducted by Metrowater in collaboration with UNDP during 1983, the interface was observed to have moved further west, to a distance of about 8 km. from the coast. Again, the interface was noticed to have moved landwards to a distance of about 9 km during 1987 and is currently located at about 13 km. form the coast."
Conclusion:
From the above discussion, the Committee concluded that the higher TDS, Chlorides & hardness in the ground water samples collected by the Committee is due to natural phenomena i.e., sea water intrusion. As per the CGWB reports sea water has intruded upto 16 - 16.5 km inland in Minjur - Panjetty and thus no external sources of pollution contribution are reported in Minjur Town Panchayat area.
Suggestion for Remediation:
The method used to control sea water intrusion shall be carried out as per the Report of CGWB Ground Water Recharge of Coastal Areas. The methods suggested are as follows;
Modification of ground water pumping and extraction pattern The pumping pattern disturbs the hydraulic gradient whereby it causes landward migration of sea water. It therefore necessitates that the location of pumping wells be changed/shifted. Such wells are required to be dispersed inland to re-establish the ground water flow gradient seawards. Simultaneously it would also have supposed to reduce the quantity of pumped water from such wells to produce positive and sweet water effect in fresh water aquifer.
Artificial recharge The efforts here should be to raise the levels of ground water table through appropriate method. The area where unconfined ground water occurs along coastal plain, a surface water spreading method alone should be tried whereas for confined aquifer area, the well recharging method should be employed.7
Injection barrier The intention in this case is to recharge confined aquifer through injection well method whereby water is injected into deep confined aquifer at predetermined pressure through a battery/or line of recharging wells along the coast. The water injected thus under pressure would form pressure ridge along the coast whereby the water shall flow seaward. This would however need very high quality water which if not available nearby should be imported for well injection recharge. A large number of such wells are needed, the number depending up the requirement of a desirable pressure ridge to push ground water seaward.
Sub-surface barrier In this method, impermeable sub-surface barrier is constructed parallel to the coast but through the extent of fresh water aquifer. This barrier will combat & prevent the inflow to aquifer of sea water. Local method such as clay, asphalt, cement, bentonite etc. can be used to construct barriers. Tidal regulators Tidal regulators are required to be constructed to control the discharge of sweet water of river/stream into the sea. Such structures shall have provision to store fresh water for injection and also arrest flow of saline water into river. This will provision fresh water on the other side saline water area along the crest & shall also raise water table in the vicinity of structures. Ground water monitoring around such recharging and salinity ingress structures is always necessary to keep watch on availability of fresh water/ground water as well as ground water build up for agricultural and drinking water needs. For tidal regulators, check dams & tanks/ponds, it is advisable to collect detailed information about hydrology, run-off, reservoir level, likely submergence area, command area, geology, geography, soil, drainage network etc. before a suitable design is proposed.
R. Rajkumar RDO,Ponneri M.Malaiyandi, JCEE
Scienti Tiruvallur District Monitoring Office
Central Pollution Control Board (Rep. District Collector) Tamil Nadu Pollution Regional Directorate (Chennai Control Board.
C.Pothupanithilam S.Viswanathan
Executive Engineer, PWD, Environmental Specialist
Kosasthalaiyar Basin Division, WRD CRRT, Chennai
Thiruvallur
6. Though, certain suggestions have been made for remediation, it is not mentioned as to which department will have to do the same and the time line within which the same will have to be accomplished for the purpose of improving the water quality in that area. Further, as per the report dated 03.11.2020, though there are certain directions and recommendations and 8 conclusion made with some timeline and on that basis direction has been given by this Tribunal by order dated 21.02.2021 to file further reports, but no further status report has been filed by the respective departments. What is the present status of implementation of recommendations and whether there is any improvement in the situation is not clear. The Pollution Control Board is also expected to monitor the implementation of Solid Waste Management Rules within the jurisdiction of local bodies and they are expected to implement the direction issued by the Principal Bench in O.A. No. 606 of 2018 as well. But no independent report has been filed by the Pollution Control Board in this regard in this matter. Though, in the report dated 03.11.2020, an interim compensation of 12 lakhs has been calculated for non-compliance of the directions issued by Principal Bench in O.A. No. 606 of 2018 by order dated 28.09.2020, nothing has been mentioned as to whether such an amount has been recovered from them and whether there was any improvement made by the respondent 7-Panchayat in implementing the Solid Waste Management Rules, 2016 in its letter and spirit on the basis of the recommendations made by the Joint Committee.
7. When this was pointed out, the Counsel for State Departments as well as the Pollution Control Board wanted some more time to file status report showing the present status of implementation of the recommendation and the improvement if any, in implementing of Solid Waste Management Rules in that area.9
8. The District Collector also has a role under Rule 12 of the Solid Waste Management Rules when there is any difficulty in carrying out the implementation of the Rules to provide mechanism as to how that will have to be implemented in an effective manner. Further the documents produced along with the report shows that the new place will have to be identified for the purpose of carrying out solid waste management facility in Minjur Town Panchayat and that will have to be done by the District Administration. But nothing has been mentioned by the District Administration as to the steps taken by them to resolve the issue. So under such circumstances we feel that direction can be given to the Joint Committee as well as to the official respondents including local bodies to come up with the present status of compliance of directions and recommendations made by the Committee as per report dated 03.11.2020. The Committee is also expected to give their opinion as to how the recommendations made by the Joint Committee by their report dated 02.1.2021 which was received on 02.03.201 which was extracted in earlier paragraph has to be implemented and whether any effective steps have been taken by any of the department who are responsible to carry out the study as a part of remediation to improve the water quality in that area. If that be the case what is the present status of the same as well.
9. So under such circumstances the Committee as well as the official respondents are directed to file further status report of compliance of the 10 recommendations and improvement made on the basis of these recommendations and the present status of implementation of Solid Waste Management Rules, 2016 in Minjur Town Panchayat on or before 13.04.2021 by e-filling 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, official respondents, Chief Secretary, State of Tamil Nadu, Principal Secretary of Environment, Local Administration and Irrigation Department, State of Tamil Nadu by e-mail for information and compliance of the directions.
11.For consideration of further Status Report, post on 13.04.2021.
...................................J.M. (Justice K. Ramakrishnan) ...............................E.M. (Shri. Saibal Dasgupta) O.A. No.64/2020, 03rd March, 2021. (AM) 11