National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Govt. Of ... on 22 December, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.01:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 264 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU Based on The
News item in The Hindu E-paper Chennai Edition Dated:
30.11.2020, "Days after rain, water stagnation continues
To plague many areas of Chennai".
...Applicant(s)
Versus
1) The Principal Secretary to Govt. of Tamil Nadu,
Health and Family Welfare Department,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu 600 009.
2) The Secretary to Govt. of Tamil Nadu,
Department of Environment & Forests,
Govt. Secretariat, Fort George,
Chennai, Tamil Nadu 600 009.
3) The Additional Chief Secretary to Govt. of Tamil Nadu/
Revenue and Disaster Management Department,
Govt. Secretariat, Fort George,
Chennai, Tamil Nadu 600 009.
4) Additional Chief Secretary to Govt. of Tamil Nadu,
Municipal Administration and Water Supply Department,
Govt. Secretariat, Fort George
Chennai, Tamil Nadu
5) The Chairman,
Tamil Nadu Pollution Control Board,
No. 76, Anna Salai, Guindy
1
Chennai, Tamil Nadu 600 032.
6) Tamil Nadu Water Supply and Drainage Board,
Rep., by its Managing Director,
31, Kamarajar Salai, Chepauk,
Chennai 600 005.
7) The District Collector,
Chennai District,
District Collectorate Office,
No. 62, Rajaji Salai,
4th Floor, Chennai 600 001.
8) The District Collector,
Chengalpet District,
Collector Office, GST Road,
Chengalpattu 603 001.
9) The District Collector,
Thiruvallur District,
First Floor, Collectorate,
Thiruvallur 602 001.
10) The District Collector,
Kancheepuram District,
First Floor, Collectorate,
Kancheepuram 631 501.
11) Greater Chennai Corporation,
Rep., by its Commissioner,
Ripon Building, Chennai 600 003.
12) Chennai Metropolitan Water Supply & Sewerage Board,
Rep., by its Managing Director,
No.1, Pumping Station Road,
Chintadripet, Chennai 600 031.
...Respondent(s)
Date of hearing: 22.12.2020.
2
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Suo Motu by Court
For Respondent(s): Sri. Dr. V.R. Thirunarayanan for R1 to R4,
R7 to R10.
Sri. C. Kasirajan through
M/s. Meena for R5.
M/s. P.T. Ramadevi through
Sri. Raghul Adithya for R11
ORDER
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper reports published in The Hindu E-paper Chennai Edition, dated 30.11.2020 under the caption "Days after rain, water stagnation continues to plague many areas of Chennai", Dinamalar Chennai edition dated 30.11.2020 under the caption "fopT ePu; gpur;ridf;F tpNkhrdk; fpilf;Fkh?" (Will there be a solution of sewage water problem?), The Times of India, newspaper dated 08.12.2020 under the captions "Sewage overflows from manhole in Kallikuppam"
and "Residents protest as many areas along OMR remain under water" and the Dinamalar newspaper dated 10.12.2020 under the captions "nrd;id nts;sk;: kj;jpa FO MNyhrid vd;d?" (Chennai flood: What Central Team Suggested?), "xU 3 khjkhf Njq;fp epw;Fk; fopT ePu;" (Sewage Water Stagnant for a month), "fopTePu; fhy;thahf khwpa njUf;fs;" (Streets become a Sewage Water canal) and "mLf;Fkhb FbapUg;gpy; Rfhjhu rPu;NfL"
(Sanitary problem in residential multi-storey apartment) and also other similar news paper reports projecting the unfortunate sufferings of the Residents of Chennai Corporation and its suburban and neighbouring Districts on account of stagnation of rain water inundating their residential area and also mixing of rain water with sewage causing health hazards to the people and delay in taking steps to drain these stagnated water to make the life of the people peaceful and healthy.
2. It is also seen from some of the news paper reports that there is a Writ Petition already pending before the Hon'ble High Court of Madras as W. P. No. 17037 of 2002 where the Hon'ble High Court had directed the authorities to take steps to remove the unlawful encroachments into the water bodies, drains and other areas which resulted in inundation during monsoon, as per order dated 02.12.2020. Every time when such incidents are recurring, Government machinery is spending huge amount for meeting this situation without eradicating the basic cause for such human made calamities by providing permanent measures to avoid such things to recur. Though there are directions issued by the Courts to remove unlawful encroachments into 4 the water bodies, Canals and unlawful constructions along the river side, no effective steps are being taken by the authorities which is clear from the observation made by the Hon'ble High Court in the Writ Petition mentioned above. This also causes environmental issues like air and water pollution which is likely to affect the health of the people.
3. When the matter came up for hearing for admission today through Video Conference, Sri. Dr. V.R. Thirunarayanan represented respondents 1 to 4, 7to10, Sri. C. Kasirajan through M/s. Meena represented 5th respondent and M/s. P.T. Ramadevi through Sri. Raghul Adithya represented 11th respondent.
4. There is a duty cast on the State Government, its departments and its regulators like Pollution control Board and the local bodies to be proactive for implementing the environmental laws in its letter and spirit to protect environment and avoid the water bodies being polluted as there is a constitutional mandate giving them a responsibility to protect the environment as contemplated under Article 48 (A) of Constitution of India as Right to Clean Environment is a part of Right To Life as enshrined under Article 21 of the Constitution of India. This is being reiterated by the Hon'ble Apex Court as well as this Tribunal in several matters of similar nature. In spite of that, these things are recurring, which shows that the regulators are 5 not rising to the expectation of the people in discharging their duties provided under the respective environmental laws. The Government authorities should have a longer vision as to how such things will have to be eradicated or removed permanently, so as to make the life of the people safe and healthy. If this recurrence of calamities are not avoided, there is no purpose in acting at the time after the calamity has occurred. As such the authorities should find out the source and remove the same as prevention is better than cure and instead of treating the disease treat the cause which will protect environment and that will avoid such recurrence in future. So this prompted the Tribunal to register this as a Suo-Motu case as substantial question of environment arises which requires the interference of this Tribunal to resolve this issue permanently and give a solution for healthy and safe life of the people as contemplated under the International Covenants as Right to Clean Environment is part of human rights as well. So, the matter is admitted.
5. In order to ascertain the real State of affairs and the basic cause for such things and also to evolve a long term and short term measure to meet the situation permanently and avoid such recurrence of calamities in future, we feel it appropriate to appoint a Joint Committee comprising (1) The District Collectors 6 of Chennai, Chengalpet, Thiruvallur and Kancheeppuram District, (2) The Additional Secretary of Revenue and Disaster Management Department, (3) The Additional Secretary of Municipal Administration and Water Supply Department, (4) The Commissioner from Greater Chennai Corporation , (5) a Senior Officer from the level of Superintending Engineer of Public Works Department (PWD) and Water Resources Organisation (WRO), (6) a Senior Officer from Tamil Nadu Water Supply and Drainage Board to be nominated by its Managing Director (7) a Senior Officer from the Tamil Nadu State Pollution Control Board (TNPCB) as designated by its Chairman and (8) a senior Officer from Chennai Metropolitan Water Supply & Sewerage Board (CMWSSB) to be nominated by its Managing Director to inspect the area in question which have been covered by the news paper reports and the course of action taken by them to remove such thing occurred in that area and also to find a permanent solution by preparing an action plan with shorter and long term measures as to how such things can be avoided in future, so as to make the life of the people safe and peaceful.
6. The committee is also directed to mention as to what are all the steps taken by them in the Cyclone affected area which resulted in inundation and other calamities including stagnation of 7 sewage water and rain water and what are the steps taken by them to retrieve the same to its original position and the plan of action for future and submit a factual and action taken report in this regard to this Tribunal on or before 22.02.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules.
7. The Chief Secretary, State of Tamil Nadu is directed to monitor the meetings of the committee and provide all necessary assistance and guidance for the committee to evolve a future action plan for preventing such things being recurring in future for permanently resolving the issue and providing necessary financial as well as technical support for the Department who are expected to execute the same, so as to enable them to work out the action plan in an effective manner which should not be stopped on account of the want of funds or logistics support to be obtained from the other Department which are also likely to co-ordinate for implementing the action plan. If necessary the Chief Secretary is also at liberty to appoint permanent committees in the respective areas involving all the responsible Departments which are expected to act in such situation, so as to act swiftly in case of such things happening during the implementation of the action plan and also look into the matter 8 in future as well.
8. The Public Works Department (PWD) and Water Resources Organisation (WRO) will be the nodal agency for co-ordination and also for providing necessary logistics for this purpose.
9. The Registry is directed to communicate this order to the members of the committee and also to the official respondents immediately through e-mail along with the copy of all the news paper reports which are relied on by this Tribunal for the purpose of initiating this Sou-Motu proceedings and the gist of the Suo Motu proceeding with full cause title so as to enable them to comply with the direction and for filing their consolidated reports in respect of the same as directed by this Tribunal.
10. For appearance of parties and submitting their independent responses and also for consideration of report, post on 22.02.2021.
....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.264/2020 22nd December, 2020. Sr. 9