National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 7 October, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.10:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.140 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu based on the news item in
Dinamalar Newspaper
Chennai Edition dated 30.07.2020,
"Will Perungudi Lake become an Ecological Park?"
...Applicant(s)
Versus
The Principal Secretary to Government,
Public Works Department,
Govt. Secretariat, Fort St. George,
Chennai and Ors.
...Respondent(s)
Date of hearing: 07.10.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R3, R5.
Mr. S. Sai Sathya Jith for R4.
Mrs. P.T. Ramadevi through
Mr. Ragul Adhithya for R6.
Page 1 of 22
ORDER
1. As per order dated 08.10.2020, this Tribunal had directed the authorities to complete the inspection and submit the report and it was originally posted to 04.11.2020 for that purpose. Since the reports have not been filed, this Tribunal was compelled to adjourn the case from time to time by successive notifications and lastly, it was adjourned to today by notification dated 21.09.2021.
2. We have received the report submitted by the Greater Chennai Corporation signed by some of the members on 24.08.2021, e-filed on 25.08.2021 and received on 27.08.2021 which reads as follows:-
"THE GREATER CHENNAI CORPORATION REPORT IN THE JOINT COMMITTEE - THE JOINT COMMITTEE RECOMMENDATIONS IN THE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE) IN RESPECT OF 0.A NO. 140 OF 2020 (SZ) SUOMOTU ON THE BASIS OF THE NEWS SUPPLEMENT EDITION DATED, 30.07.2020 UNDER THE CAPTION "WILL PERUNGUDI LAKE BECOME AN ECOLOGICAL PARK" - THE GREATER CHENNAI CORPORATION COMPLIANCE REPORT OF THE JOINT COMMITTEE RECOMMENDATIONS.
1. ORDERS OF THE HON'BLE TRIBUNAL It is respectfully submitted that the Hon ble National Green Tribunal (SZ), Chennai in its order dated 05/08/2020 in the matter of O.A. No. 140 of 2020 inter alia stated that:
"2. It is alleged in the paper report that it is having an extent of 57 acres and this is the only lake which is free from encroachment.Page 2 of 22
3. It is also mentioned in the report that the lake is situated in between seashore and wetland and caters the need for agriculture activities in Kandhanchavadi and Perungudi.
4. In the olden days, in order to prevent seawater intrusion, two ponds were created in between every one Kilo Metre in the East Coast, Old Mamallapuram road from Thiruvanmiyur to Semmencherry.
5. As many of those ponds disappeared, the lake which is at the starting point is the only one saved.
6. The Public works Department and administration of then Perungudi Town Pandhayat had deepened the lake for 30 ft and strengthened its bank since 1997.
7. It was fenced with barbed metal wire at the cost of Rs. 1.5 crore. to prevent encroachments. But after some time, the fencing got damaged at many places by anti-social elements.
8. The only problem of this lake is mixing of sewage water. On the Northern side of the lake, there is 200 acres of land which belongs to Department of Education.
9. This land has been encroached and houses built by thousands of encroachers. The district authorities were also ordered that no basic facilities should be provided to the residents as they were constructed unauthorisedly.
10. They are illegally discharging the untreated sewage into the drains which mixes with the rain water and reaches the lake. Though complains were made regarding the same, no action has been taken.
15. In order to ascertain the present state of affairs and also the steps taken by the authorities for maintaining the water body, we feel it appropriate to appoint a committee comprising of 1) the District Collector, Chennai District, or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by him, 2) Superintending Engineer of Public Works Department and Water Resources Organisation, who is in charge of that area, 3) a Commissioner or a Senior Officer designated by the Commissioner of Greater Chennai Corporation, and 4) Senior Officer deputed by the Chairman Tamil Nadu State pollution Control Board to inspect the area in question and submit a factual as well as action taken report if there is any violation found.Page 3 of 22
16. The committee is directed to consider the question as to whether there was any scheme launched by the State Government or by the District administration for protection of this water body and if so, what is the stage of its implementation and whether there is any unauthorised discharge of untreated sewage into the water and if so, trace out the persons who are responsible for the same and take appropriate action including imposition of environmental compensation, against such persons.
17. The committee is also directed to take the water samples from the lake for analysis to ascertain as to whether it confirms to the standard for drinking purpose including Bio Chemical Oxygen Demand (BOD) and Chemical Oxygen Demand (COD), Total Coli. Form and Fecal Coli Form and other prohibited metals. If there is any contamination they are also directed to suggest the ways and means to rectify the same.
18. The committee is also directed to suggest an action plan with short term and long term measures with shorter time lines to restore the water body including establishing bio-diversity park/ tree-planting around the water body and other protective measures to be taken to protect the water body against future encroachments as well. 19. The Public Works Department will be the nodal agency for coordination and for providing all necessary logistics for this purpose."
REPORT OF THE GREATER CHENNAI CORPORATION IN THE JOINT COMMITTEE REPORT Perungudi Lake is located at survey no.57 of Perungudi Revenue Village situated adjacent to Pallikaranai Marsh Land coming under Greater Chennai Corporation, Zone-14, Unit - 41, Division-184 and it is having a water spread area to an extent of 15.68 Ha Garbage Generation and Disposal Details:
Page 4 of 22The segregated wet waste is composted on a daily basis at the Micro Composting Centre (MCC) located at the Pallikaranai old dumping ground on daily basis located in div 188, at Tambaram - Velachery main road.
Sewage Management Details:
More, there are 7 numbers Rain water inlets connected to the Lake by means of Cement Concrete pipes (0.60 M Dia - 2Nos. Culvert 1.6x1.6=2.56, Sluice gate-1Nos). These inlets will be opened only during the North-East monsoon period by the Zonal authorities for letting the rain water inside the Perungudi Lake.
There is no Under Ground Sewerage system for the area in Div 184 of Zone - 14. The households and commercial establishment were provided with individual septic tank arrangements.
JOINT INSPECTION OF THE COMMITTEE The members of the Joint committee have carried out the inspection in the area in question on 05/10/2020.
COMMITTEE RECOMMENDATIONS:
Based on the above observation, the Joint committee submits the following recommendation before the Hon'ble National Green Tribunal (Southern Zone)
01. Zonal Officer, Zone -14, Greater Chennai Corporation shall ensure that CMWSSB to provide and implement UGSS in the area in question, also take steps to intercept, transport, treat and dispose the sewage Page 5 of 22 / sullage generated in the foreshore area of the Perungudi Lake within six months.
02. Zonal Officer, Zone -14, Greater Chennai Corporation shall arrange for the regular monitoring of the water body to avoid dumping of solid waste if any into the lake.
03. Zonal Officer, Zone -14, Greater Chennai Corporation shall levy fine on the violators dumping solid waste and CMWSSB shall take action against the disposing the sewage / sullage into the Perungudi Lake under Local body Acts.
04. Zonal Officer, Zone -14, Greater Chennai shall create awareness among the public with the help of associations in the local body area for proper segregation of solid waste. 05. PWD shall strengthen of the bunds in the said water body and create biodiversity parks/ tree-planting around the banks of the water body, so as to protect the lake against the future encroachment within six months by obtaining necessary funds from the Government REPORT OF THE GREATER CHENNAI CORPORATION -
ZONE XIV:
The Greater Chennai Corporation had taken action necessary action as follows:
In exercise of the powers conferred under section 3, 6 and 25 of the Environment (Protection) Act, 1986 (Central Act 29 of 1986), the Central Government have made the Solid Waste Management Rules, 2016 to regulate the management of solid waste. The Solid Waste Management Rules, 2016 shall apply to every municipal authority which shall, within their territorial area be responsible for the implementation of the provisions of these rules, and for any infrastructure development for collection, storage, segregation, transportation, processing and disposal of municipal solid wastes. Further, it shall be the responsibility of the generator of wastes to co- operate with the municipal authority concerned to avoid littering and ensure delivery of segregated wastes in accordance with the collection and segregation system as notified under the Solid Waste Management Rules, 2016.Page 6 of 22
In exercise of the power conferred under section 349 of the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) and under Rule 15 of the Solid Waste Management Rules, 2016 and in order to ensure effective solid waste management in the Corporation of Chennai, the Council hereby makes the Solid Waste Management Bye Laws, 2019.
This bye-law applies to the domestic, institutional, commercial and any other non-residential solid waste generators, situated in the Corporation area, and the public who throw the solid waste in to storm water drain, underground sewerage system, water bodies within the limits of Corporation of Chennai.
COMMITTEE RECOMMENDATIONS
1. Zonal Officer, Zone -14, Greater Chennai Corporation shall ensure that CMWSSB to provide and implement UGSS in the area in question, also take steps to intercept, transport, treat and dispose the sewage / sullage generated in the foreshore area of the Perungudi Lake within six months.
REPLY THE CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE ACT, 1978. (TAMIL NADU ACT 28 OF 1978).
As Amended upto 30th November 1998. The Chennai Metropolitan Water Supply and Sewerage (Second Amendment) Act, 1997.
For Statement of Objects and Reasons see Part IV - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th January 1978, page 196; For Act see Part IV - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 14th June 1978 pages 269
341. Received the assent of the President on the 8th June 1978, first published in the Tamil Nadu Government Gazette Extra-ordinary on the 14th June 1978.
The work of providing underground sewerage scheme to Perungudi area covering 184 and 186 divisions are completed and the trial commissioning works are under progress. The work of testing the flow and the work of raising the machine door on par with road are under progress Once the flow test and trial commissioning works are completed, house Page 7 of 22 sewer connection could be effected to the perungudi area which also covers the streets surrounding the perungudi lake.
2. Zonal Officer, Zone -14, Greater Chennai Corporation shall arrange for the regular monitoring of the water body to avoid dumping of solid waste if any into the lake.
REPLY
SOLID WASTE MANAGEMENT BYE-LAWS OF THE
CORPORATION, FRAMED UNDER SECTION 349 OF THE
CHENNAI CITY MUNICIAPL CORPORATION ACT, 1919 (TAMIL ANDU ACT IV OF 1919) AND UNDER RULE 15 OF THE SOLID WASTE MANAGEMENT RULES, 2016.
a. Definition:
(50) "Public Place" includes any road, arch road, viaduct, lane, footway, alley or passage whether a thoroughfare or not over which the public have a right of passage, and such places to which the public has access such as parks, gardens, recreation grounds, playgrounds, beaches, water bodies, water courses, public plazas and promenades, government and municipal buildings, public hospitals, markets, slaughter houses, courts, etc.;
The Greater Chennai Corporation, Zone 14, Division 184, there are about 73,408 total populations. The Division consists of 18,352 number of Households. In this division, wet waste garbage compactor bins 54. Nos. & dry waste compactor bins of 54 Nos. have been placed in several locations. Garbage is being segregated & collected from every household and is being collected through 9 Nos. of Battery Operated Vehicles.
About 4500 kgs of wet waste collected is processed on a daily basis in Micro Composting Centres located in Pallikaranai Old Dumping Ground in Tambaram-Velachery Main Road. .
Apart from wet waste; Dry waste fractions like garden garbage, chappals, e-waste, coconut shells, plastics, thermocol, cardboards, pet bottles etc are collected and stored in Resource recovery centre located in Division
184. Page 8 of 22 Plastics collected are bailed using bailing machine and bailed bundles of plastics and thermocol are sent to Dalmia Cement. Otherhand, garden "garbage and coconut husk are being processed separately.
Since, all wastes are segregated and processed, there is no dumping of garbage around Puzhuthivakkam Chitheri Lake and its surroundings. The Conservancy Inspector, Conservancy Supervisors and Assistant Executive Engineer (Conservancy) Solid Waste Management will be regular monitoring of the water body to avoid dumping of solid waste into the lake and vehicle marchouts; source segregation, sweeping activities on a daily basis throughout the entire Zone - XIV area regularly.
3. Zonal Officer, Zone -14, Greater Chennai Corporation shall levy fine on the violators dumping solid waste and CMWSSB shall take action against the disposing the sewage / sullage into the Perungudi Lake under Local body Acts.
REPLY
SOLID WASTE MANAGEMENT BYE-LAWS OF THE
CORPORATION, FRAMED UNDER SECTION 349 OF THE
CHENNAI CITY MUNICIAPL CORPORATION ACT, 1919 (TAMIL ANDU ACT IV OF 1919) AND UNDER RULE 15 OF THE SOLID WASTE MANAGEMENT RULES, 2016.
5.1 Levying Penalties The powers for levying penalties for non-compliance of Solid Waste Management (SWM) Rules, 2016 as mentioned in Schedule IV of this Bye law is vested with ward level Assistant Engineers and Conservancy Inspectors of Corporation of Chennai.
8.0 Penalties for contravention of these Bye-laws:
(1) On and after the date of commencement of these Bye-laws, there will be a familiarization/warning period of 30 days, after which, any contravention of these Bye-laws shall be punishable with fines as per the Schedule of Fines (Schedule IV) for every instance of breach of these Bye-
laws. In case the generator of waste is found contravening any of these Bye laws next time, the fine amount will be doubled.
(2) In case of a person or any polluter is not able to pay the fine as mentioned in Schedule, while contravening any of these Bye-laws he/she will Page 9 of 22 be prosecuted under the provisions made in City Police Act and District Police Act / Indian Penal Code.
The Greater Chennai Corporation, Zone 14, Zonal Officer, Assistant Executive Engineer - SWM, Conservancy Supervisors and Conservancy Inspectors had collected the fine amount of Rs. 12,000/- as per the Bye laws in Solid Waste Management (SWM) Rules, 2016 Schedule of Fines (Schedule IV) for Debris and Garden garbage & Source Segregation. The Fines amount has been deposited in the Treasury, Greater Chennai Corporation as follows:
Page 10 of 224. Zonal Officer, Zone -14, Greater Chennai shall create awareness among the public with the help of associations in the local body area for proper segregation of solid waste.
REPLY SOLID WASTE MANAGEMENT BYE-LAWS OF THE CORPORATION, FRAMED UNDER SECTION 349 OF THE CHENNAI CITY MUNICIAPL CORPORATION ACT, 1919 (TAMIL ANDU ACT IV OF 1919) AND UNDER RULE 15 OF THE SOLID WASTE MANAGEMENT RULES, 2016.
5.0 Responsibilities of the Corporation of Chennai (23) Create public awareness through information, education and communication campaign and educate the waste generators on the following; namely:
(i) not to litter;
(ii) minimize generation of waste;
(iii) reuse the waste to the extent possible;
(iv) practice segregation of waste into bio-degradable, non-
biodegradable (recyclable and combustible), sanitary waste and domestic hazardous wastes at source;
(v) practice home composting, vermin-composting, bio gas generation or community level composting;
(vi) wrap securely used sanitary waste as and when generated in the pouches provided by the brand owners or a suitable wrapping as prescribed by the local body and place the same in the bin meant for non-biodegradable waste;
(vii) storage of segregated waste at source in different bins, Page 11 of 22
(viii) handover segregated waste to waste pickers, waste collectors, recyclers or waste collection agencies; and (ix) pay monthly user fee or charges to local bodies or any other person authorized by the local body for sustainability of solid waste management.
The Greater Chennai Corporation, Source Segregated awareness programs have been conducted for various "Resident Welfare Association"
in Zone XIV. Also awareness extended on daily basis through battery operated vehicle helpers using Radio Speakers while collecting segregated garbage from households. Private Urbaser Sumeet IEC (Information Education Communication) Executive conducted awareness through "Drama Play" in various locations in Greater Chennai Corporation, Zone - XIV.
Apart from BOV-helpers, division conservancy inspectors also give source segregation awareness to all those garbage non-segregated houses."
3. The Superintending Engineer, Water Resource Department, Palar Basin Circle, Chennai also filed a report dated Nil, e-filed on 21.09.2021 and received on 22.09.2021 which reads as follows:-
"REPORT OF THE SUPERINTENDING ENGINEER, WRD, PALAR BASIN CIRCLE, CHENNAI IN RESPECT OF O.A NO.140 OF 2020 (SZ) SUOMOTU ON THE BASIS OF THE NEWS PAPER REPORT PUBLISHED IN BASED ON THE NEWS ITEM IN THE DINAMALAR CHENNAI EDITION DATED 03.07.2020, "WILL THE PERUNGUDI LAKE BECOME ECO-PARK?".
1. OBSEERVATIONS AND THE DIRECTIONS ISSUED BYTHE HON'BLE TRIBUNALDATED 05.08.2020:
2. It is alleged in the paper report that it is having an extent of 57 acres and this is the only lake which is free from encroachment.
3. It is also mentioned in the report that the lake is situated in between seashore and wetland and caters the need for agriculture activities in Kandhanchavadi and Perungudi.
Page 12 of 224. In the olden days, in order to prevent seawater intrusion, two ponds were created in between every one Kilometer in the East Coast, Old Mamallapuram road from Thiruvanmiyur to Semmencherry.
5. As many of those ponds disappeared, the lake which is at the starting point is the only one saved.
6. The Public works Department and administration of then Perungudi Town Pandhayat had deepened the lake for 30 ft and strengthened its bank since 1997
7. It was fenced with barbed metal wire at the cost of Rs. 1.5 crore to prevent encroachments. But after some time, the fencing got damaged at many places by anti-social elements.
8. The only problem of this lake is mixing of sewage water, On the Northern side of the lake, there is 200 acres of land which belongs to Department of Education.
9. This land has been encroached and houses built by thousands of encroachers. The district authorities were also ordered that no basic facilities should be provided to the residents as they were constructed unauthorisedly.
10. They are illegally discharging the untreated sewage into the drains which mixes with the rain water and reaches the lake. Though complains were made regarding the same, no action has been taken.
11. Ongoing through the allegations in the report, we are satisfied that there arises a substantial question of environment which requires the interference of this Tribunal for resolving the same.
12. ***
13. Time and again it has been reiterated by the Hon'ble Apex Court, as well as various Hon'ble High Courts and also the National Green Tribunal, the responsibility of the State Government and its Departments including local bodies to protect the water bodies, as there is a duty cast on the state machineries and the local bodies to protect the water bodies against encroachment and pollution as a mandate of fundamental duty as part of directive Page 13 of 22 policy provided under Article 48 (A) of Constitution of India and there is a duty cast on the State Government to protect natural resources like water bodies, Forest and wild life and providing clean water is treated as part of right to life as enshrined Under Article 21 of the Constitution of India.
14. Further the Water (Prevention and Control of Pollution) Act, 1974 and the Environment (Protection) Act, 1986 envisages protection of water against pollution and action should be taken against persons who are causing pollution to the lake water as lakes plays a great role of not only providing water for agriculture and drinking purpose, but also acts as a water reservoir to improve the water recharge system which ultimately will help to improve the ground water level in the area. It also acts as a rain water harvesting system to collect rain water during monsoon".
DIRECTIONS ISSUED:
"15. In order to ascertain the present state of affairs and also the steps taken by the authorities for maintaining the water body, we feel it appropriate to appoint a committee comprising of 1) the District Collector, Chennai District, or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by him, 2) Superintending Engineer of Public Works Department and Water Resources Organisation, who is in charge of that area, 3) a Commissioner or a Senior Officer designated by the Commissioner of Greater Chennai Corporation, and 4) Senior Officer deputed by the Chairman Tamil Nadu State pollution Control Board to inspect the area in question and submit a factual as well as action taken report if there is any violation found.
16. The committee is directed to consider the question as to whether there was any scheme launched by the State Government or by the District administration for protection of this water body and if so, what is the stage of its, implementation and whether there is any unauthorized discharge of untreated sewage into the water and if so, trace out the persons who are responsible for the same and take appropriate action including imposition of environmental compensation, against such persons.
Page 14 of 2217. The committee is also directed to take the water samples from the lake for analysis to ascertain as to whether it confirms to the standard for drinking purpose including Bio Chemical Oxygen Demand (BOD) and Chemical Oxygen Demand (COD), Total Coli Form and Fecal Coli Form and other prohibited metals, if there is any contamination they are also directed to suggest the ways and means to rectify the same.
18. The committee is also directed to suggest an action plan with short term and long term measures with shorter time lines to restore the water body including establishing bio-diversity park/tree-planting around the water body and other protective measures to be taken to protect the water body against future encroachments as well.
19. The Public Works Department will be the nodal agency for coordination and for providing all necessary logistics for this purpose.
20. The committee is directed to submit the report to this Tribunal within a period of two months i.e., on or before 08.10.2020 by e-filing".
2. It is stated that the action plan taken by the Greater Chennai City Corporation is awaited and on receipt the same will be filed.
3. REPORT OF THE PUBLIC WORKS DEPARTMENT:
(i) The Perungudi Tank in Perungudi Village in Sholinganallur Taluk of Chennai District is a tank maintained by the Public Works Department. The water spread area of this tank is 15.68.0 Ha to feed an extent of 77.33.0 Ha. It has lost its irrigation potential long back in the development process over the period with thick population and agglomeration of the Chennai city owing to the same. There are no encroachments reported and a fresh survey has to be made in the tank to ascertain whether there are encroachments newly crept in.
(ii) The Chennai City Corporation has formed walkway and cement concrete road on the top of the bund of the tank which may discourage the encroachment in the lake.
Page 15 of 223. ANY SCHEME LAUNCHED BY THE STATE GOVERNMENT AND DISTRICT ADMINISTRATION TO RESTORE THE WATER BODY AND IF SO ITS PRESENT STAGE OF IMPLEMENTATION There are plans for rehabilitation and restoration of all tanks including Perunaudi Tank in overall Kovalam basin (comes under Chengalpattu and Chennai District) under Comprehensive Flood Mitigation Project with an amount of Rs.2000 crore which also involves creating biodiversity parks/ tree-planting around the banks of the water body protecting the lake against the future encroachment. Detailed Project Report has been sent to Government and after approval from the World Bank, the said project scheme will be executed and the repairs/renewal of shutters and all other component works to rehabilitate the Perungudi Lake will be taken up including eviction of any encroachment in the survey to be made."
4. We have also received the report submitted by the Tamil Nadu Pollution Control Board signed on 06.10.2021, e-filed on the same date and received today (i.e. 07.10.2021) which reads as follows:-
"REPORT FILED ON BEHALF OF THE 4TH RESPONDENT TAMIL NADU POLLUTION CONTROL BOARD I, R. Rajamanickam, Son of P.M. Ramasamy, Hindu, aged about 57 years, having my office at No. 76, Mount Salai, Guindy, Chennai-32, do hereby solemnly affirm and sincerely stats as follows:
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai-600 032, and I am filing this Report on behalf of the 4th Respondent, Tamil Nadu Pollution Control Board and as such I am well acquainted with the facts of the as per the records.Page 16 of 22
2. It is respectfully submitted that the Hon'ble NGT has passed order dt.05.08.2020 directed inter alia that:
"...to appoint a committee comprising of 1)the District Collector, Chennai District, or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by him,
2) Superintending Engineer of Public Works Department and Water Resources Organisation, who is in charge of that area, 3) a Commissioner or a Senior Officer designated by the Commissioner of Greater Chennai Corporation, and 4) Senior Officer deputed by the Chairman Tamil Nadu State pollution Control Board to inspect the area in question and submit a factual as well as action taken report if there is any violation found.
16. The committee is directed to consider the question as to whether there was any scheme launched by the State Government or by the District administration for protection of this water body and if so, what is the stage of its implementation and whether there is any unauthorised discharge of untreated sewage into the water and if so, trace out the persons who are responsible for the same and take appropriate action including imposition of environmental compensation, against such persons.
17. The committee is also directed to take the water samples from the lake for analysis to ascertain as to whether it confirms to the standard for drinking purpose including Bio Chemical Oxygen Demand (BOD) and Chemical Oxygen Demand (COD), Total Coli Form and Fecal Coli Form and other prohibited metals. If there is any contamination they are also directed to suggest the ways and means to rectify the same."
3. It is respectfully submitted that, in pursuance to the said NGT order, the area in question was inspected by the District Environmental Engineer, TNPCB, Maramalai Nagar on 05.10.2020. During inspection, the water sample from the said Lake was collected and sent to TNPCB laboratory for analysis for the pollutant parameters such as pH, TSS, TDS, DO, BOD, COD, Heavy metals, Total Coliform and Faecal Coliform to assess the Page 17 of 22 quality of water in the said water body and the report of analysis is tabulated below.
4. It is respectfully submitted that the Report of analysis of the water samples collected from the said water body reveals that all the Physico chemical analysed satisfy the Primary Water Quality Criteria for Bathing Waters prescribed by Central Pollution Control Board except for BOD. Furthermore the water sample collected were analysed for Bacteriological parameter Total Coliform and the (Faecal Coliform) meets the Primary Water Quality Criteria for Bathing Waters prescribed by Central Pollution Control Board.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) at Chennai may be pleased to take this Report on Record and pass such further or other orders as this Hon'ble Tribunal may deem fit and Page 18 of 22 proper in the facts and circumstances of this case and thus render justice."
5. Though the committee was appointed by this Tribunal as per order dated 05.08.2020, the committee has not filed the report so far. Unless the joint committee report is received, it is difficult for this Tribunal to ascertain the real state of affairs and the remedial measures to be taken by each department to resolve the issue. If there are any obstacles for carrying out the remedial measures, it is for the District Administration and higher level officials to look into the issue and take immediate steps to provide necessary logistics, infrastructure or other support both technical and financial to meet the situation, as the State Government is expected to provide priority for protecting environment, which in turn will have some impact on health of the people, if it is not properly taken care of.
6. The report of the Tamil Nadu Pollution Control Board shows that the water sample contains BOD, which does not conform to the standard provided. They have not mentioned about the reason for excess BOD in the water. When this was pointed out, the learned counsel appearing for the Tamil Nadu Pollution Control Board submitted that, it may be due to discharge of sewage water. If that be the case, the observations made by the Tamil Nadu Pollution Control Board that the Total Coliform is in conformity with the standard provided will have to be revisited.
Page 19 of 227. The committee is also directed to file the report as directed by this Tribunal, apart from the District Administration filing an independent report regarding the steps taken by them for remedying the situation and save water body from their side.
8. The report submitted by the Public Works Department is not a solution for the problem and they are only having a dream project of rejuvenating all the water bodies in the State, for which, they have evolved a project of nearly Rs.2,000 Crore. We do not know, when the scheme will be approved and when funding will be provided and when they will be starting the execution of the work and completing the same. The damage caused to the water body vis-à-vis environment cannot wait for a longer period to the whims and fancies of the administrators. They will have to be proactive in taking appropriate steps to curb the pollution being caused to the water bodies so as to protect the environment and also the health of the people, which they are expected to provide as part of Right to Life as enshrined under Article 21 of the Constitution of India, apart from a mandate to protect environment as envisaged under Article 48 A of the Constitution of India.
9. If the committee members did not file the report as directed, then they will have to appear before this Tribunal on the next hearing date to show cause as to why action should not be taken against them for non-compliance of the direction, though certain members of the committee have filed their Page 20 of 22 independent reports which are not helpful for this Tribunal to dispose of the case.
10. The Additional Chief Secretary for Public Works Department and Additional Chief Secretary for Municipal Administration and Water Supply are also directed to look into the issue and take appropriate decision on the policy matters at the quickest possible time and try to implement the scheme (if any) evolved by the Public Works Department in this regard within a specific time frame and submit an action plan before this Tribunal as to how the plan is going to be implemented by the Government to protect the water bodies in the State, including the present water body.
11. The above said officials are directed to submit the report as well as independent reports to this Tribunal on or before 18.11.2021 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.
12. The Registry is directed to communicate this order to the committee members, Tamil Nadu Pollution Control Board, Public Works Department, Greater Chennai Corporation and also to the official respondents, apart from communicating this order to the Additional Chief Secretary for Public Works Department and Additional Chief Secretary for Municipal Administration and Water Supply by e-mail immediately for Page 21 of 22 their information and also for giving necessary direction to the subordinate officials to comply with the direction of the Tribunal.
13. For consideration of further reports, post on 18.11.2021.
Sd/-
......................................J.M. (Justice K. Ramakrishnan) Sd/-
...............................E.M. (Dr. K. Satyagopal) O.A. No.140/2020 (SZ), 07th October, 2021. Mn.
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