National Green Tribunal
National Green Tribunal Southern Zone vs Engineer In Chief (Water Resources ... on 9 March, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.4:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 238 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu based on the news item in...
The Times of India Newspaper, Chennai Edition
Dt. 29.10.2020, "Wall of gated community blocks
Stream along OMR"
Engineer in Chief ( f Resources Organization)
and Chief Engineer, General)
Respondent(s)
Date of hearing: 0
CORAM:
HON''BLE Mr. JUSTICE MAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R4.
ORDER
1. As per order dated 21.12.2021, this Tribunal had extracted the order dated on 17.11.2021 in Para (1) of the order and then passed the following order:-
[1]"2. The case was posted to today for appearance of 4th Respondent and also for consideration of report.
3. Quite unfortunately, though notice was served on the 4th Respondent, they never proposed to appear and file their statement as directed by this Tribunal.
4. The other respondents who have been directed to file the report also have not filed the same so far.
5. It is also seen from the subsequent newspaper reports that even during monsoon season, lot of water stagnation has been reported in several areas and that also shows the unscientific manner in which the permissions are being granted for development of the areas without understanding eality of that area and Mitigation MEASUTES. a wanted some time to file the report.
8. We are not satisfied with the manner in which the Government Departments are acting when certain specific mitigating circumstances were sought for to avoid such disaster in future to help the Court/Tribunal.
9. The District Collector -- Chengalpattu District, Public Works Department and the Directorate of Town and Country Planning are directed to file their respective independent reports on the basis of the directions given by this Tribunal on or before 20.01.2022 by e-filing in the form of Searchable [2] PDF/OCR Supportable PDF and not in the form of Image PDF and also by e-mail, if e-filing is not possible and produce necessary hardcopies, failing which, the above officials are directed to appear before this Tribunal to show cause as to why action should not be taken against them for non- compliance of the directions issued by this Tribunal as contemplated under Section 25 r/w. Section 26 & 28 of the National Green Tribunal Act, 2010.
10.The Registry is directed to communicate this order to the District Collector -- Chengalpattu District, Superintending Engineer - Public Works Department and also to the Director Planning, apart from successive notifications an astly the matter was adjourned to today as per notification dated 14.02.2022.
3. We have received a report submitted by the 4" respondent /Directorate of Town and Country Planning dated Nil, e-filed on 08.03.2022 which reads as follows:-
Report Filed by the Fourth Respondent FE. Saravanavelraj, Hindu aged about 53 years, holding the post of Director of Town and Country Planning, having office at CMDA Office [3] complex, 2°!) 3, 4th Floor, E&C Market Road, Koyambedu, Chennai - 600 107, do hereby solemnly affirm and sincerely state as follows:
1. The Honourable Green Tribunal has paid due attention on the news iter appeared under the heading "Wall of gated community blocks streams along OMR" in Times of India News Paper, Chennai edition dated 29.10.2020", and has taken up this case an its own motion, The Hon'ble Tribunal has impleaded Director of Town and Country Planning, Chennai as 4th Respondent on 17.11.2021, and has directed to file an independent statement / report regarding the precautionary steps taken while approving the Layout plans for avoiding stagnation of water and for ensuring free flow of rain water during monsoon. Also directed to list the conditions imposed for converting the agricultural land for non agricultural purpose in places where the water is being collected in those agricultural lands especially in paddy fields for collecting excess rain water by ensuring free flow of water to reach the water badies / water ways and the effectiveness of conditions imposed in this regard. And alse directed to suggest / submit further conditions to be imposed to avoid stagnation of water in future for sub-mensoon and non-monsoon seasons.
2. | am the 4% respondent as per order of Tribunal dated 17.11.2021 in the original Application No. 238 of 2020(82) and i file this report in cognizance with the article { news item appeared in the Times of India News Paper Chennai edition dated 29.10.2020 and as directed by the Han'ble Tribunal. 1 am well acquainted with the status of the case from the records available at our office.[4]
2. Ht is humbly submitted that the Directorate of Town and Country Planning under the Housing and Urban Development Secretariat, is a Department which is responsible for the preparation and notification of Regional Plans, Master Plans, New Town Development Plans and Detailed Development Plans as envisaged under the provisions of Town and country Planning Act, 1971 and any other functions which is supplemental, incidental or consequential te any of the function as may be neressary or expedient for the purpose of carrying out its function under the Act. Apart from the above, planning permissions for housing/industrial layouts and permussions for construction of buildings have also been processed and issued under section 49 of Town and Country Planning Act, 1971.
4. With regard to the news item appeared in the newspaper, it is humbly submitted that one M/S.Carmen Builders and Constructions P. Lid., Chennai -- 600 004 had applied at Mamallapurarm Local Planning Authority seeking planning permission for the construction of 3493 dwelling units along with a mini mall and a club house in the name and style of DLF Garden City in the land bearing Resurvey Nos.178/1A, 178/2, 179/1, 179/2, 181/1Apt, 181/2Aipt, 182/(1, 2, SA}, 183/2A and 184/1, to a site extent of 214000 Sq.M., at Thaghambur Village of Chengalpattu District during the year 2008, and the application was forwarded to the Directorate of Town and Country Planning, Chennai for issue of concurrence. The Directorate of Town and Country Planning, Chennai had processed the application duly following the procedures and rules prevailed during the 17.02.2009. On reeeiving the [5] concurrence, the office of Mamallapuram Local Planning Authority had issued the planning permission to the developer (DLF Garden City} vide letter Roc.No.335/2008/MLPA dated G1,02.2010. The details of the buildings for which planning permission is issued are as follows:
| §. No. Type of Building No., of Floors Total Floor Area in Sq.M. Ne., of Dwellings Block Al te All Lower Basement + Upper Basement+ Silt/Ground+ 19 Floors 150479.18 825 i] Block Bi to B7 Lower Basement + Upper Basement+ Stilt/Ground+ 19 Floors &9182.05 o3 Block Cl te Ci2 Lower Basement + Upper Basementt Suit/Ground+ {19 Floors 130377.16 900 Block D1 ta Dil Lower Basement + Upper Basement+ | Stile/ Ground+ | 19 Floors 141968.31 1243 Mini Mall Lower Basement + Upper Basernent+ Stilt/Ground+ 5 Floors T?4AS.8F Chab House Stilt/ Ground, | First. Floor, Service Fluor, 4% Floor 15395.38 Total 535151.55 2493 While issuing planning permission to the developer, & special condition that the developer should ensure adequate protected drinking water is supplied to the dwelling units and also should ensure the waste [6] water / sullage water discharged by the dwelling units are safely disposed by arranging transportation through privete vehicles wes imposed. The 1S Code 1172 stipulates 138 Htres per head per day as the minimum water requirenion. The breakup of the demand is as follows:
Per Capita Water Demand % Bathing: 55 litres Hj 'Pollet flushing: 3O litres
ii) Washing of clothes: 20 litres ivy} Washing utensils: 10 litres ¥} Qeokie: 5 ditres vi} Drinking: 5 litres Total 135 litres A minimum of 70-100 litres per head per day may be considered adequate for domestic needs of urban communities, apart from non-
domestic needs such as flushing requirements. An average of 100 Retres of water per head per day can be assumed to be supplied by the local body of which 30 Htres being utilised for toilet fushing, a net af 70 litres per head per day would be discharged as waste /sullage water.
The DLF Garden City in question comprises 3493 dwelling units with a Mini Mali and « Chib House. Assuming four persons per dwelling unit is accupied, the sullage/waste water derived from the dwelling units is calculated te be around 9,78,040 Htres (3493 x 4 x 7O} per day. This huge quantity of sullage/waste water has to be disposed daily, which falls under the jurisdiction of the layout developer as per the conditions imposed by the [7] water is expected to be discharged by the dwelling units and whose safe disposal has to be ensured. (Google Map is enclosed).
5. Itis humbly submitted that the state Government through Municipal Administration and Water Supply Department, has framed Tamiinadu Combined Development and Building Rules 2019 and notified in Tamilnadu Government Gazette (Gazette No:43 dated February 4, 2019) in which Rule 47 stipulates the guidelines to be followed while approving layouts. Especially, Rule 47{1 uy stipulates that "The cost of laying improvements te the systems in respect of road, water supply, sewerage, drainage electric power supply that may be required as assessed by the concerned authority, namely the local body and Tamilnadu Electricity Board, shall be borne by the applicant." Also further, the Housing and Urban Development Department Secretariat has issued simplification procedures to be followed while granting approval for Layout / Subdivisions vide GO.Ms.No.181, Housing and Urban Developmemt (UD4(1}) Department, dated.O9.12,2020 in which directions have been issued to the Local bodies, to ensure the layout roads are formed as Tar roads amenities such as storm water drains, water supply facilities, street lights etc are provided up to the satisfaction and standards specified by the local body, before issuing final appreval for the layouts. Therefore ensuring the effective drainage of fload water, storm water and the Sullage water derived from layout houses falls within the jurisdiction of Local bodlies.
G. The Layout developer should also ensure that the roads which are abutting the adjoining lands are not blocked facilitating the extension of roads into a surrounding area of layout. However, it is unfortunate, to natice [8] planning permission. HH de developer hart not made any srrangepiris for the atlentifie disposel af che waste water within the DLP Garden Cry i paayeas, the appropiate authorities focal body) shall ensure the proper sy by insisting: Ghe developer. Hf the waste water is @inposal af the waste wate sored within the campus itself by erecting scientific machineries Such 2 fe writer treatment plants, etc. io would not be overloaded te the nearby oie water courses during the manscon snasoms therchy ensuring safe carrying oapmenity af water courses. Thas, the water courses will be able ta safely Pas Yischaree the flood water during nionseon.
Further, on perusing the google map, it was observed that on the eastern side of DLP campus, Sermmanchery housing units have been established, where there are approximately 739 dwelling units. On the northern side of DLE campus, Semmanchery high rise housing tenements have been established where there are approximaicly 3072 housing uruts. i the southern side of DLF campus, Dinesh Vihar bigh rise housing genemenis have been estalsished, where there are 852 dwelling units and on the western aide af DLF carpus, Jones Cassia villas have been developed where there are around 124 dwelling units. The total neesber of dwellin ate in and around DLP campus is around 8280 numbers of dwellings. 34045 + FSO + BO72 + B52 + 124}. Cangidering dispersed dwellings developed on the north weet of DLP campus, the total dwelling units in around DLP campus can be eppronimated ta 8500 Nos. and the sullege/waste water derived Jrom the dwelling units on the arca in question cr be approximated to 23,80,000 litres per day (HSC xd x TO), This nlurnting quantum of waste [9] water is expected to be discharged by the dwelling units and whose safe disposal has to be ensured. (Google Map is enclosed).
5. ft is humbly submitted that the state Government through Municipal Administration and Water Supply Department, has framed Tamilnadu Combined Development and Building Rules 2019 and notified in Tamilnadu Government Gazette (Gazette No:43. dated February 4, 2019) in which Rule 47 stipulates the guidelines to be followed while approving layouts. Especially, Rule 47(11) stipulates that "The cost of laying improvements to the systems in respect of road, water supply, sewerage, drainage electric power supply that may be required as assessed by the concerned authority, namely the local body and Tamilnadu Electricity Board, shall be borne by the applicant." Also further, the Housing and Urban Development Department Secretariat has issued simplification procedures to be followed while granting approval for Layout/ Subdivisions vide GO.Ms.No.181, Housing and Urban Development (UD4(1)} Department, deted.09.12.2020 in which directions have been issued to the Local bodies, to ensure the layout roads are formed as Tar roads amenities such as storm water drains, water supply facilities, street lights etc are provided up to the satisfaction and standards specified by the local body, before issuing final approval for the layouts. Therefore ensuring the effective drainage of flood water, storm water and the Sullage water derived from layout houses falls within the jurisdiction of Local bodies.
6. The Layout developer should also ensure that the roads which are abutting the adjoining lands are not blocked facilitating the extension of roads into a surrounding area of layout. However, it is unfortunate, to notice [10] certain layout promoters have constructed compound walls along the boundary of layout blocking adjoining lands, This practice should be taken as serious issue and such compound walls should be removed by the appropriate authorities, since the Layout Promoters do not have any legal right to erect such compound walls.
7. Moreover, canals, channeis, odal, rivers ctc are water bodies anc even if such water bodies are crossing the site where layout approvals are sought, either Water Resource Organization or Localbodies never allows the developers to close such water bodies while granting layout approvals. Hence, the Water Resource Organisation or Localbodies who claim ownership over the water bodies such as Odai, Canal, Channels, etc, car at anytime under maintenance bring back such water bodies to its original position and can ensure the free flow of water.
8, With regard to conversion of agriculture use into non-agricultural use of land, itis humbly submitted that the use and development of lands are scientifically controlled and Judiciously utilized by enforcing regulations: af Master plans, Regional plans and New Town Development Plans of various cities and towns which were prepared and approved as per the provisions of Town and Country Plarming Act, 1971. With regard to conversion of land uses within Master plan / New Town Development Plan areas, the developments are permitted only after the change of land uses for the developments proposed are obtained from the Government under section 32(4) of the Town and Country Planning Act, 1971.
o. With regard to conversion of agricultural land into non-agricultural use in the areas for which no statutory plans are prepared, it is submitted [11] (b} {e} tf} The proposed development in part or whole is not in public water body like channel, canal, tank, lake, river, ete.
The proposed development in part or whole is not in Government Poromboke land, Temple lands, Wakf properties and other lands belonging to religions/charitable institutions.
The proposed development is net made in vacant lands blocking actess to surrounding lands which do not have any other rneans of access.
The proposed development in part or whole is not lying in the lands affected by the alignments of proposed road or rail corridors, The proposed development dees net encroach any public road or street or other land aver which the applicant does not possess ownership right.
The proposed development in part or whole is not lying in the lands below the alignment of high tension and extra high voltage electric line including tower lines.
The Director shall ensure that the proposed development posses proper drainage system and pattern wherein all the waste water and excess rain water from the development area flows in the nearest higher order drainage system or some alternate arrangement created for the same so as to arrest water logging in the development area.
[12]id} Lands below the alignment of high tension and extra high voltage electric Hine inchiding tower lines.
ie} = Land which is fit for continuing the cultivation.
{2} The Collector shall inspect the site with Deputy Director of Town and Country Planning and other officials of the relevant Departments as he deems necessary and satisfy himself te the following, namely:-
{i) The status of land as in revenue records;
fii} The existing development around the proposed site is compatible with the proposed development;
{ii} Details of assured irrigation source / ayacut ;
{i} Present status of cultivation and how long the cultivation was not carried out and the reasons there for;
(v¥} _Impact on the overall agricultural productivity and the necessity to continue agricultural production;
(vl Problems of sanitation and waste water disposal and the possibility to realign the canals/ charinels/ drains.
(3) The Collector shall ensure that due to the preposed development, the irrigation canals and distribution channels or the natural sterm water drains or channels are nat obstructed or affected anc shall not lead to depletion of ground water level of the area or prundation of nearby areas.
{ij Guidelines to be followed by the Director for giving his prior concurrence.
(1) The Director shall satisfy himself the following, namely:-[13]
that the land uses are being governed by section 47(A] of Town and Country Planning Act, 1971. This Section envisages that any person intending to develep the land situated in other than planning arezt shall obtain prior concurrence from the Directar of Town and Country Planning after getting NOC from the Agriculture Department in case of dry lands {Punjai} and after getting NOC from the District Collector in the case af wet lands (Nanjai). The Government also have issued guidelines to be follawed while granting such change of land use vide GO.Ms.Ne.79, Housing and Urban Development (UD4(3}} Department dated. 04.05.2017. The Government has paid duc attention in framing the guidelines for the land wise changes, in such a manner that it ensures the lands are judiciausly utilized and the guidelines to be followed by the District Collector and Director af Town and Country Planning for such prior concurrences are as follows.
Q} Guidelines to be followed by the Collector for giving his prior concurrence.
(1) 'The Collector shall satisfy himeelf that the land in which development is proposed dees not fall in any of the following catepories, namcly:~ {fa} Public water body like channel, canal, tank, lake, river, etc. (b} Government Peromboke land, Temple lands, Wakf properties and other lands brlunging to religious/charitable institutions, {fc} Vacant lands with any encroachment on a public read or strest or on any other land over which the applicant docs not possess ownership right.[14]
(q} Lands below the alignment af high tension and extra high voltage electric line including tower fines.
fe} Land which is fit for continuing the cultivation.
(3) - The Collector shall inspect the site with Deputy Director of Town and Country Planning and other officials of the relevant Departments as he deems necessary and satisfy himself to the following, namely:-
{i} The status of land as in revenue records;
{ii} The existing development around the proposed site is compatible with the proposed development;
{ii} Details of assured irrigation source / ayacut 5 fv} Present status of cultivation and how long the cultivation was not carried out and the reasons there for;
{v} Impact on the overall agricultural productivity and the necessity to continue agricultural production; , {vi} Problems of sanitation and waste water disposal and the possibility to realign the canais/ channels/ drains.
{3) The Collector shall ensure that due to the proposed development, the irrigation canals and distribution channels or the natural storm water drains or channels are not obstructed or affected and shall not lead to depletion of ground water level of the area or inundation of nearby areas. {If} Guidelines toe be followed by the Director for giving his prior CORCUITEeE HCE.
{1} The Director shall satisfy himeelf the follewing, namely:[15]
fa) {e} if) The proposed development in part or whole is not in public water body like channel, canal, tank, lake, river, ete.
The proposed development in part or whole is mol in Government Poromboke land, Temple lands, Wak! properties and other lands belonging to religious/charitable institutions.
The proposed development is not made in vacant lands blocking access to surrounding lands which do not have any other means af access.
The proposed development in part or whole is not lying in the lands affected by the alignments of proposed road or rail corridors.
The proposed development does net enereach any public road or street or other land over which the applicant does mot possess ownership right.
The proposed development in part or whole is not lying in the lands below the alignment of high tension and extra high voltage electric line inchuding tower lines.
The Director shall ensure that the proposer development posses proper drainage system and pattern wherein all the waste water and excess rain water fram the development area flows in the nearest higher order drainage system or some alternate arrangement created for the same so as to arrest water logging in the development area.
[16](2) The Director shall consider the prior concurrence given by the Collector in respect of wet lands and the report of Joint Director of Agriculture in respect of dry agriculture lands for taking a decision to issue his prior concurrence.
{3} in order to satisfy himself before granting his concurrence, the Director may cause inspection or seek report from such officials as he deems fit.
10. With regard to the issues pertaining to the gated communities, it is submitted that the promoters ere seeking approval for group developments where in many building blocks, in different heights constituting many dwelling units would be proposed and approvals would be issued based on the proposal complying various vital parameters such as Floor Space-Index{FS]), Setbacks from the boundary of site, requisite parking etc. However, in general permission for construction of compound wall along the boundary of the site would not be granted. Even if permission for construction of compound wall is granted, it would be ensured that the flood water, sullage water derived from such gated cornmunities are properly disposed within such premises itself before granting such approval..And, if canals, channels, odai, vaikkal etc are passing across the site where approval for such group development is sought, the water bodies would not be allowed to be disturbed by the developments and necessary conditions would be imposed such that the developer in no case should disturb/ prevent the free Now of water in the watercourses,
11. AS mentioned above, it is humbly submitted that the Government have considered various aspects while approving layouts and various [17] peranmeters before arriving a decision to isaue concurrence for change of fand use fram agricultural inte non-agricultural purpose and framed rules for issuing of such concurrences.
12. However it is unfortunate to notice such inundation and stagnation of flood water in certain areas where free flow in the available water hody eeurses such as odai, canal, channel ete are blocked artificially. This has caused due to the nen disposal of waste water derived from the housing units within the campus itself or inefficient disposal of the waste water by the developer by discharging into the nearby water courses, thereby overloading the carrying capacity of the water courses. If safe disposal of waste water discharged by the dwelling unit is ensured and if free Mow of canais, odai, chsuinels ete are ensured by resloring the existence of water bodies and by undertaking periodical roaintenance works, such inundation, stagnation of flood water will not occur in future.
] -
Co Geiv anny c Director of Town and Country Planning.
Verification:
i, E.Saravanavelraj, holding the post of Director of Town and Country Planning hereby submit that the content of the above report are true to the best of my knowledge through records.
---- c A nhuavannvil le { Director of' Town and Country Planning, [18]
4. They have also enclosed the Government orders in respect of the land use change and other approvals to be obtained for the construction purposes. This will go to show that whenever layouts are permitted, the local planning authority, when granting building permits, have to ensure that there should not be any blockage to the free flow of water access to adjoining roads etc. Construction of compound walls blocks the natural water ways during rainy season and causes inundation of water in those areas. Certain guidelines were also been issued by the 4™ respondent to be followed by. the District Collector and the respective local planning ities while dealing with. suc] District Collector, Chengalpattu District and S Department (WRD) in this regard and they are directed to go through the guidelines provided by the 4" respondent and come with a proper report as to what is the nature of action taken by them to resolve the issue permanently.
6. The above official respondents are directed to file the respective reports to this Tribunal on or before 01.04.2022 by e-filing in the form of [19] Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
7. The Registry is directed to communicate this order to the official respondents and also to the District Collector, Chengalpattu District and the Superintending Engineer, Water Resources Department (WRD) and the Chief Secretary to Government State of Tamil Nadu for their information and also for compliance of the direction.
8. For consideration of further report, post on 01.04.2022.
be fate hes agit cessneeecennenees E.M. (Dr. Satyagopal Korlapati) O.A. No.238/2020, 09.03.2022, Sr.-
[20]